Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that the national legislation does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs. It, therefore, urged the Government to take the necessary measures to ensure that provisions prohibiting this worst form of child labour are adopted soon.

The Committee notes the Government’s indication that the offences related to use, procuring or offering of a child for illicit activities are dealt with in the People Smuggling and Trafficking in Persons Bill. The Government further indicates that provisions in this regard will also be incorporated in the ongoing review of the Employment Act. The Committee expresses the firm hope that the People Smuggling and Trafficking in Persons Bill which contain provisions prohibiting the use, procuring or offering of children under the age of 18 years for illicit activities, particularly trafficking of drugs, will be adopted in the near future. It also requests the Government to provide information on any progress made in incorporating provisions related to protecting children from illegal activities in the Employment Act.

Articles 3(d) and 4(1). Hazardous work and determination of these types of work. In its previous comments, the Committee noted that the legislation prohibits hazardous work, night work and work in mines for persons under 16 years of age. It also noted that apart from a definition of “heavy labour”, the national legislation did not determine the types of hazardous work that were prohibited for children under 18 years of age. It further noted the Government’s information that according to section 96 of the Lukautim Pikinini Act of 2009, a person who permits a child to be engaged in employment in conditions that: (a) are likely to be hazardous to the child; or (b) are harmful to the health or physical, mental, spiritual or social development of the child, is guilty of an offence.

The Committee once again notes the Government’s information that the ongoing legislative reviews, especially concerning the Employment Act and the occupational safety and health legislation will address the issues related to the minimum age for hazardous work as well as the determination of types of hazardous work prohibited to children under the age of 18 years. The Committee expresses the firm hope that the review of the Employment Act and the occupational safety and health legislation will be completed shortly and that the amendments will prohibit hazardous work of children under 18 years as well as contain a determination of types of hazardous work prohibited to children under 18 years. It requests the Government to provide information on any progress made in this regard. Further, noting that the Government has not supplied a copy of the Lukautim Pikinini Act of 2009, the Committee once again requests the Government to provide a copy along with its next report.

Article 5 of the Convention. Monitoring mechanisms and the application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that there were gaps and loopholes in the existing structures and monitoring mechanisms with regard to child trafficking, prostitution and children’s involvement in illicit activities. It also noted that, while the Department of Police and the Department of Labour and Industrial Relations were responsible for implementing and enforcing child labour laws, enforcement by these departments was poor due to a lack of resources and cultural acceptance of child labour.

The Committee notes the Government’s indication that a rapid assessment on child labour, focusing on two key areas such as commercial sexual exploitation of children and street children, was conducted in Port Moresby during 2010–11. The Committee also notes the Government’s statement that the findings of the rapid assessment are alarming and it is believed that a similar child labour situation is occurring in other regions of the country. The rapid assessment findings indicate that children as young as 5 and 6 years of age are working on the streets and about 68 per cent of them worked under hazardous conditions. The Committee further notes the Government’s intention to carry out a similar study in other parts of the country. The Committee encourages the Government to undertake a national child labour survey to ensure that sufficient data on the situation of working children, including those involved in the worst forms of child labour in Papua New Guinea, is made available. It also urges the Government to take the necessary measures, including through the allocation of additional resources, to strengthen the capacity of the Department of Police and the Department of Labour and Industrial Relations in terms of monitoring and combating the worst forms of child labour. The Committee finally requests the Government to take the necessary measures to ensure that those responsible for the trafficking of children, the commercial sexual exploitation of children and use of children for illicit activities such as trafficking of drugs are prosecuted and that sufficiently effective and dissuasive penalties are imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the International Trade Union Confederation’s (ITUC) observations that primary school in Papua New Guinea is neither free, compulsory nor universal. The ITUC further indicated that the gross primary enrolment rate was 55.2 per cent, and only 68 per cent of these children remain in school up to the age of 10 years. Less than 20 per cent of the country’s children attend secondary school. Moreover, the Committee noted the statement in the United Nations Country Programme (UNCP) 2008–12 that girls were under represented at every level of education. The UNCP indicated that girls’ lower participation in education stems from a number of factors, including school fees, poverty and safety. The Committee finally noted that the Education Department had developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school.

The Committee notes from the Government’s report that the NEP is being supported by donor agencies to implement programmes focusing on formal education and non-formal education (NFE), including assistance from the Asian Development Bank and the European Union, in order to extend the NFE to the needy and the disadvantaged. The Government further indicates in its report under the Minimum Age Convention, 1973 (No. 138), that it has enacted a tuition-free policy from elementary to secondary school. The Committee notes, however, from the rapid assessment report that although educational reforms are in place, 92.2 per cent of those children who enrolled in grade 3 would drop out along the way. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee once again urges the Government to redouble its effort to improve the functioning of the education system, in particular by increasing the school enrolment rates and decreasing the number of school drop-outs, paying special attention to girls. The Committee requests the Government to provide information on the measures taken or envisaged in this regard.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee noted that a four-year national strategy for the protection, care and support of orphans and other vulnerable children had been developed by the Orphans and Vulnerable Children National Action Committee. The Committee noted, however, the indication in the Government’s UNGASS Report of March 2010 (2010 UNGASS Report) that HIV/AIDS orphans have a lower school attendance rate than non-orphans.

The Committee observes that the Government has not provided any information on this issue in its report. The Committee notes that according to the UNAIDS HIV and AIDS estimates of 2012, over 13,000 children aged below 17 years are HIV/AIDS orphans in Papua New Guinea. The Committee observes with concern that one of the serious consequences of this pandemic among orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore urges the Government to take the necessary measures to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education and vocational training. It requests the Government to provide information on the measures taken in this regard.