Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted that education is neither compulsory nor free in Papua New Guinea, and that the legislation does not specify a legal age for entering and leaving school. The Committee also noted that gender parity in education was a problem, that the number of new entrants to grade 1 had decreased, and that only 26 per cent of children were participating in secondary school.

The Committee notes the statement in the Government’s report that there have been reforms to increase and improve technical and vocational education, to cater to children outside of the formal education system. The Committee also notes the information available on the UNESCO web site that that the Universal Basic Education Plan (2010–19) was launched at the end of 2009, focusing on accessibility, retention rates and quality of education. The Committee further notes the information in the Government’s report that the ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project) began implementation in 2008 and is scheduled to finish in January 2012. The TACKLE project aims to provide services to 600 children to prevent them from engaging in child labour, and to withdraw an additional 700 children. In this regard, five time-bound action projects will be implemented in 2010. These include the provision of vocational and skills training on weekends and holidays to students in grade 8 (15-year-olds) who are unlikely to continue on to secondary school. Other action programmes include the provision of remedial and bridging classes for other grade 8 students (to improve their chances of passing grade 8 and proceeding to secondary schools) and the provision of a one-off scholarship to girls at risk for not completing grade 8 due to financial reasons. Through the TACKLE project, working children will be provided with skills and vocational training, and children who have left school will be provided with classes to facilitate their return.

The Committee notes the statement in the United Nations Country Programme (UNCP) 2008–12 that girls are underrepresented at every level of education. The UNCP indicates that girls lower participation in education stems from a number of factors, including school fees, poverty and safety. The UNCP further indicates that, at the secondary school level, the gross enrolment rate for boys is 25.2 per cent, while the gross enrolment rate for girls is only 19.9 per cent. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee urges the Government to redouble its effort to improve the functioning of the education system, in particular by increasing the school enrolment rate and decreasing the number of school drop-outs, paying special attention to girls. It requests the Government to provide information on the measures taken in this regard. It also requests the Government to provide information on the results achieved through the TACKLE project.

2. Child labour and youth employment projects. The Committee previously noted the implementation of the Youth Employment Project (YEP) and requested the Government to provide information on this project. The Committee notes the Government’s indication that the YEP was implemented in five countries in the region and established three pilot projects that helped youth develop employment skills. It also notes the indication in the Government’s report that the programme contributed to preventing the engagement of the children participating in this programme in the worst forms of child labour. The Committee further notes the Government’s indication that the implementation of the YEP came to a close on 30 April 2010.

Clause (d). Identifying and reaching out to children at special risk. 
1. Child soldiers. The Committee previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 347), during the ten year civil war, a large armed and organized guerrilla force had mobilized and forcibly inducted thousands of male children from 14 years of age. The Government indicated that in June 2005 an autonomous Bougainville Government was created and most of the people had laid down their arms. The Government indicated that programmes were in place to help the children involved in the conflict and that much had been achieved under these programmes, including rehabilitation, reintegration into society and education. The Committee requested information on these programmes.

The Committee notes the Government’s indication that the education system in the Autonomous Region of Bougainville, while badly crippled, is resuming normal operations. It also notes the Government’s indication that assistance packages have been provided by the Government and faith-based organizations which have been instrumental in rebuilding the education system. The Committee further notes the indication in the Government’s report to the Committee on the elimination of discrimination against women of 22 May 2009 that the Bougainville Education Plan (2007–16) has been formulated, which includes a school fee subsidy policy, with fees being set according to the parents’ capabilities (CEDAW/C/PNG/3, pages 101 and 114).

2. Child victims/orphans of HIV/AIDS. In its previous comments, the Committee noted that according to the Government’s UNGASS 2008 Country Progress Report, the number of children orphaned by the AIDS epidemic was increasing in the country, as was the number of orphans living with HIV. The Committee also 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 notes 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. However, the Committee also notes the indication in the 2010 UNGASS Report that the Department of Education endorsed the national strategy for most vulnerable children in 2009. The Committee further notes the indication in the UNICEF document entitled “Protection and Care for Children Faced with HIV and AIDS in East Asia and the Pacific” that a training manual was been developed to strengthen the capacity of faith-based organizations to identify and respond to issues facing orphans and vulnerable children affected by HIV and AIDS. This UNICEF document also indicates that a new national child protection policy is being developed, which will provide a framework for improving the care of orphans and other vulnerable children. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to strengthen its efforts to ensure that such children are protected from these worst forms. It requests the Government to provide specific information on the measures taken in this regard, with the framework of the four-year national strategy for the protection, care and support of orphans and other vulnerable children, the Department of Education’s national strategy for most vulnerable children and the national child protection policy.

Clause (e). Take account of the special situation of girls. “Adopted” children. The Committee previously noted that children who are informally adopted are sometimes trapped into situations characterized by long hours of work, lack of rest and leisure, lack of freedom of mobility, and a deprivation of the right to education and medical treatment. Young girls are particularly vulnerable to this and, when brought into a household as babysitters, their role is often transformed into overworked, unpaid or underpaid domestic servant. The Committee also noted the Government’s indication that the practice of “adoption” is a cultural tradition in Papua New Guinea. The Government also asserted that the mistreatment of “adopted” children was not typical of these situations. The Committee observed that these adopted girls often fell prey to exploitation, as it is difficult to monitor their working conditions, and it requested the Government to provide information on measures taken to protect these children.

The Committee notes the Government’s statement that, while the adoption practice remains a cultural and social tradition, findings indicate that adoption situations can resemble bonded labour. The Government also indicates that in these households, adopted children continue to be treated differently than biological children. The Committee also notes the statement in the Government’s report that the work conducted by these adopted children will be taken into consideration during the Employment Act review. The Committee requests the Government to provide information on the measures taken, including within the framework of the review of the Employment Act, to protect “adopted” children from exploitative and hazardous work.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously noted that, with respect to trafficking, the Criminal Code only provided protection to girls trafficked for the purpose of sexual exploitation. The Committee observed that there did not appear to be any similar provisions protecting boys or prohibiting the sale and trafficking of children for the purpose of labour exploitation. The Government indicated that Papua New Guinea was embarking on a major legislative review and that the issues of gender and age would be at the forefront of that review.

The Committee notes the information in the Government’s report that the legislative review will commence shortly. The Committee also notes the statement by the Government in its report to the Committee on the Elimination of Discrimination Against Women (CEDAW) of 22 May 2009 that, although the current legislation provides some protection against the trafficking of women, compliance is partial because penalties are low and corroboration is required placing an unreasonable burden on victims (CEDAW/C/PNG/3, page 54). The Committee further notes the indication in a report on trafficking in persons in Papua New Guinea, available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that trafficking is a significant problem in the country. The Trafficking Report also indicates that women and children are trafficked within the country for the purpose of commercial sexual exploitation and domestic servitude and that women and children from China, Malaysia, the Philippines and Thailand are trafficked to Papua New Guinea for forced prostitution. Men are trafficked to logging and mining camps for the purpose of forced labour. This report further indicates that Government officials facilitate trafficking by accepting bribes to allow illegal migrants to enter the country or by ignoring victims forced into prostitution or labour.

In light of this situation, the Committee expresses its deep concern that comprehensive legislation prohibiting all forms of trafficking of both boys and girls has yet to be adopted. It also expresses its concern regarding allegations of complicity by government officials in the trafficking of children. It urges the Government to take the necessary measures, as matter of urgency, to adopt legislation prohibiting the sale and trafficking of all persons under 18, for the purposes of labour and sexual exploitation. The Committee also urges the Government to redouble its efforts to ensure that perpetrators of human trafficking, and complicit government officials, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information in its next report on progress made in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, or for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes with satisfaction that section 229K of the Criminal Code, as amended by the Criminal Code (Sexual Offences and Crimes Against Children Act) of 2003, prohibits inviting, persuading or inducing a child to engage in prostitution, in addition to prohibiting participating as a client in an act of child prostitution. The Committee also notes that pursuant to section 229J of the Criminal Code, a child is defined in this section as a person under the age of 18 years and that child prostitution is defined as the provision of any sexual service by a person under the age of 18 years for financial or other reward, whether paid to the child or some other person.

Following its previous comments, the Committee notes with interest that section 229R of the Criminal Code prohibits using, procuring or causing a child to be used for the production of child pornography. Section 229S of the Criminal Code also prohibits producing, distributing, publishing, selling, importing or exporting child pornography. Lastly, the Committee notes that section 229J defines child pornography as any photographic, film, video or other visual representation showing a person who is (or who is depicted as being) under the age of 18 years and is engaged in, or is depicted as being engaged in, sexual activity.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that the relevant legislation does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes the Government’s statement the Department of Labour and Industrial Relations undertook, as part of the review process of the Employment Act, a scoping mission of the Employment Act, which concluded that where other legislation does not adequately address the worst forms of child labour, it is appropriate to fill these gaps through the Employment Act. The Committee also notes the Government’s statement that the use and procuring of children for illicit activities is slowly rising. Recalling that, pursuant to Article 3(c) of the Convention, the use, procuring or offering of a child for the purpose of illicit activities is one of the worst forms of child labour, and that pursuant to Article 1, member States must take immediate and effective measures to secure the elimination of these worst forms of as a matter of urgency, the Committee urges the Government to take the necessary measures to ensure that provisions prohibiting this worst form of child labour are adopted in the near future, within the framework of the Employment Act review. It requests the Government to provide information on progress made in this regard, and to provide a copy of the relevant legislation, once adopted.

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. The Government indicated that a National Child Rights Monitoring Committee was established to examine issues affecting children, including the minimum age and working in hazardous environments. The Committee further noted the Government’s indication that the review of the occupational safety and health legislation would begin in 2008 and address issues pertaining to hazardous work and determination of hazardous work.

The Committee notes the information in the Government’s report that the Department of Labour and Industrial Relations will be following up with the National Child Rights Monitoring Committee on this topic. The Committee also notes the indication in the Government’s report that the conditions of work for young people will be examined through the ongoing Employment Act review. It further notes the Government’s statement that the review of the occupational health and safety related legislation has yet to begin, although the Government is in the process of consulting with the Government of Fiji for assistance in the process of the legislative review. The Committee urges the Government to take the necessary measures, within the context of the ongoing legislative review, to ensure that provisions which prohibit children under the age of 18 years from performing hazardous work, and which determine these types of hazardous work, are adopted in the near future, after consultation with the social partners. It requests the Government to provide information on progress made to this end and to provide a copy of the new legislation, once it has been adopted.

Article 5 of the Convention and Part V of the report form. Monitoring mechanisms and the application of the Convention in practice. The Committee previously 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. Given this indication, the Committee expressed the hope that the Government would conduct a child labour survey to determine the magnitude of the worst forms of child labour and requested the Government to provide this information when available.

The Committee notes the Government’s statement that the worst forms of child labour are rising in the country due to, inter alia, growth in the mining and agriculture sectors, the increasing cost of living, the breakdown of basic infrastructure and the increasing difficulties with regard to law and order. The Government identifies several steps necessary to address this growing problem: better collaboration between various decision-making actors, the strengthening of legislation regarding children’s issues and the improved enforcement of legislation through inspections. The Committee also notes the statement in the report on the worst forms of child labour in Papua New Guinea available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org) that, while the Department of Police and the Department of Labour and Industrial Relations are responsible for implementing and enforcing child labour laws, enforcement by these departments is poor due to a lack of resources and cultural acceptance of child labour. The Committee expresses its concern at the increasing incidence of the worst forms of child labour in the country, and at the weak monitoring mechanisms for the prevention of this phenomenon. It 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. It requests the Government to provide information on the measures taken in this respect and on the results achieved. Lastly, the Committee urges the Government to take the necessary measures to ensure that sufficient data on the prevalence of the worst forms of child labour in Papua New Guinea is available, by conducting a child labour survey.

Article 7(2). Effective and time-bound measures. Clause (e). Take account of the special situation of girls. Child victims of prostitution. The Committee previously noted the Government’s indication that the number of girls (some as young as 13) engaging in prostitution as a means of survival was rising in urban centres of the country. It also noted the Government’s indication that it was not doing enough to protect and safeguard victims of prostitution, and that only churches and civil society organizations were providing rehabilitation programmes.

The Committee notes the Government’s statement that prostitution is a growing problem in both urban and rural areas. The Committee also notes the Government’s indication that UNICEF conducted studies on this subject, which will be used to develop approaches for removing children from this worst form of child labour. The Committee further notes the Government’s indication that measures will be taken within the framework of the ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project), and that the Department of Labour and Industrial Relations will coordinate with other institutions to provide the necessary assistance to these children, in addition to seeking tougher penalties for perpetrators.

The Committee notes the information in the Government’s report to CEDAW of 22 May 2009, from a recent study on sex workers, that the median age for highway-based prostitutes was 16 years of age, and the median age for non-highway-based prostitutes was 17 years of age (CEDAW/C/PNG/3, page 52). The Committee also notes the indication in the Trafficking Report that the laws prohibiting prostitution are selectively or rarely enforced, even in cases involving children. The Committee expresses its concern at the prevalence of the commercial sexual exploitation of children in Papua New Guinea and urges the Government to take effective and time-bound measures, within the framework of the TACKLE project, to provide the necessary and appropriate direct assistance to persons under 18 to remove them from this worst form, and provide for their rehabilitation and social integration. It also requests the Government to take the necessary measures to ensure that those responsible for the commercial sexual exploitation of children are prosecuted and punished with sufficiently effective and dissuasive penalties.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that the Criminal Code only protected girls from trafficking for the purpose of sexual exploitation, and there did not appear to be any similar provisions protecting boys. Nor were there legislative provisions prohibiting the sale and trafficking of children for the purpose of labour exploitation. In this regard, the Government had indicated that these anomalies in legislation were mainly due to the fact that most of the laws were developed during the colonial era and reflected the situation at that time. The Government had also indicated that Papua New Guinea is now embarking on a major legislative review and that the issues of gender and age would be at the forefront of that review. The Committee hopes that the legislative review will be completed shortly and that the new provisions will prohibit and penalize the sale and trafficking of girls and boys under the age of 18 for sexual and labour exploitation. It requests the Government to provide information on progress made in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that the legislation contains several provisions prohibiting the sexual exploitation of girls but does not appear to protect boys. It had also observed that the Criminal Code does not specifically prohibit the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. In this regard, the Committee had noted that the Child Sexual Assault Bill was before Parliament, in order to provide legislation designed to prevent and penalize child abuse, including new offences targeting offenders who get children involved in prostitution and the production of pornography. It had also noted the Government’s indication that the existing legislation does not adequately address the issues of child prostitution and pornography. The Committee notes the information provided by the Government that it will inform the Committee on progress made with regard to the Child Sexual Assault Bill and other documentation pertaining to this provision of the Convention. The Committee hopes that the Child Sexual Assault Bill will soon be adopted and that it will prohibit and penalize the use, procuring or offering of girls and boys below 18 for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on progress made in this respect and to supply a copy of the Child Sexual Assault Bill once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that the Dangerous Drugs Act deals with a range of drug-related offences, such as the cultivation, production, export, import and possession of dangerous drugs. It had noted, however, that the relevant legislation does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs. In this respect, the Government had indicated that illicit drugs are now a growing problem in the country and that the police department’s drug squad is now working to eradicate the problem. The Committee had asked the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes the information provided by the Government that the current legislative reforms will prohibit the use, procuring and offering of children under the age of 18 for illicit activities, in particular for the production and trafficking of drugs. The Committee once again hopes that the legislative reform will be adopted shortly and that the new provisions will prohibit and penalize the use, procuring and offering of children under 18 years of age for illicit activities. It requests the Government to provide information on progress made in this regard.

Article 3, clause (d), and Article 4, paragraph 1. Hazardous work and determination of these types of work. In its previous comments, the Committee had noted that the legislation prohibits hazardous work, night work and work in mines for persons under 16 years of age. It had also noted that apart from a definition of “heavy labour”, the national legislation does not determine the types of hazardous work that ought to be prohibited for children under 18 years of age. In this regard, the Government had indicated that the National Executive Council, through its Decision No. 167/2000, established a National Child Rights Monitoring Committee to look into matters affecting children, including the minimum age and working in hazardous environments. It had also indicated that it was embarking on a legislative review in order to bring the legislation into accordance with the provisions of the Convention. Moreover, the Government had stated that, in reviewing the legislation, it would take into consideration relevant international standards such as Paragraph 3 of Recommendation No. 190. The Committee notes the information provided by the Government that the review of the occupational safety and health legislation, which will take place in 2008, will address issues pertaining to hazardous work and determination of hazardous work. The Committee hopes that the review of the occupational safety and health legislation will be completed shortly and that the new provisions will prohibit children under the age of 18 years from performing hazardous work and determine these types of hazardous work. It requests the Government to provide information on progress made to this end and to provide a copy of the new legislation once it has been adopted.

Article 6. Programmes of action. In its previous comments, the Committee had noted that the Child Rights Monitoring Committee had drawn up a National Plan of Action. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the implementation of the National Plan of Action, in particular on the measures taken to design and execute programmes of action to eliminate the worst forms of child labour and on the results attained.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. 
1. Access to free basic education. The Committee had previously noted that education is neither compulsory nor free in Papua New G uinea, and the legislation does not specify a legal age for entering and leaving school. However, some provinces of the country have allowed for free education. The Committee had also noted that 70 per cent of children attend primary school but less than 20 per cent attend secondary school. Moreover, it had noted that the Education Department has developed a ten-year National Education Plan to enable more children to be in school. One of the objectives of the National Education Plan is to achieve full and universal education by 2015. The Committee had asked the Government to provide information on the measures taken to ensure free basic education for all children.

In its report, the Government indicates that whilst it has formulated a ten-year Education Plan, through the Department of Education, the huge number of school leavers (those graduating and those who cannot complete school due to various reasons) has compelled the Government to refocus on informal education, such as technical and vocational training. The Government also indicates that concentration and focus will be on the effectiveness of the reforms in the education system, which will see tailored courses and curriculum imparted within both the formal and informal education system settings. The Committee notes that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), little progress has been made in the country in attaining EFA. For example, at the primary education level, the number of new entrants to grade 1 has decreased and only 26 per cent of children are participating in the secondary education level. Concerning the gender parity in both primary and secondary education levels, Papua New Guinea is at risk of not achieving the goal by 2015. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, in particular by increasing the school enrolment rate and decreasing the number of school leavers at both the primary and secondary school levels, giving special attention to girls. It requests the Government to provide information on the results attained. The Committee also requests the Government to provide information on the measures taken to integrate children into the informal education system, such as technical and vocational training.

2. Child labour and youth employment projects. The Committee notes the Government’s indication that the current implementation of the Child Labour Project and the Youth Employment Project will shed some light into other best and effective time-bound programmes that can and will prevent the engagement of children in the worst forms of child labour. The Committee requests the Government to provide information on effective and time-bound measures taken in the context of both the Child Labour Project and the Youth Employment Project to prevent the engagement of children in the worst forms of child labour and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 
1. Child soldiers. The Committee had previously noted that, according to
the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 347), during the ten-year civil war, a large armed and organized guerrilla force had mobilized and forcibly inducted many thousands of young men and male children from 14 years of age. It had noted that the Committee on the Rights of the Child, in its concluding observations in 2004 (CRC/C/15/Add.229, paragraph 56), had recommended the State party to install a global strategy to avoid the participation of children in armed conflicts and to create measures for the rehabilitation and reintegration of former child soldiers into society. In this regard, the Government had indicated that programmes were in place to help the children involved in the conflict and that much had been achieved under these programmes, including rehabilitation, reintegration into society and education. The Government had also indicated that in June 2005 an autonomous Bougainville Government was created and most of the people have laid down their arms and have taken up the task of rebuilding Bougainville. The Committee had asked the Government to inform them of the situation of former child soldiers and programmes aimed at their rehabilitation and social integration.

The Committee notes the Government’s statement that normalcy has been restored in the Autonomous Region of Bougainville. Whilst there is a big gap in the education process (between those affected by the crisis and those who are presumed to be child soldiers and those that are now currently in schools), they have tried to adjust themselves by attending technical vocational schools not only in the Autonomous Region of Bougainville but also in other parts and provinces of the country. Considerable government assistance is given to them through various projects, programmes and initiatives that are being implemented in Bougainville. The Committee encourages the Government to pursue its efforts to improve the situation of former child soldiers and requests it to continue to provide information on programmes and initiatives aimed at their rehabilitation and social integration. It also strongly encourages the Government to take the necessary measures to improve their access to both the formal and informal education systems.

2. Child victims/orphans of HIV/AIDS. The Committee notes that according to the Government’s UNGASS 2008 Country Progress Report, the Department for Community Development Child Welfare Council and UNICEF conducted in 2006 a national situation analysis on families and children affected by HIV/AIDS and other vulnerable children in Papua New Guinea. The situation analysis cautions that as AIDS-related deaths increase in adult populations, increasing numbers of children will be orphaned by the epidemic, increasing their vulnerability to abuse and exploitation. In the 2007 estimation report, it was estimated that there have been increasing trends in the numbers of orphans living with HIV; in 2003, it was estimated that 1,549 orphans were living with HIV; in 2005, the estimated number increased to 2,704, and in 2007 to 3,704. The Committee also notes that according to the Government’s UNGASS 2008 Country Progress Report, a Four-Year National Strategy for the Protection, Care and Support of Orphans and Other Vulnerable Children in the country was developed by the Orphans and Vulnerable Children National Action Committee. Moreover, according to this report, the United Nations 2008–12 Country Program commits support to the protection of orphans and vulnerable children. The Committee observes that HIV/AIDS has negative consequences for orphans, who are at a heightened risk of being engaged in the worst forms of child labour. It requests the Government to provide information on the specific time-bound measures taken to implement the Four-Year National Strategy for the Protection, Care and Support of Orphans and Other Vulnerable Children and the United Nations 2008–12 Country Programme and the impact of these measures on preventing these children from being engaged in the worst forms of child labour.

Clause (e). Take account of the special situation of girls. 1. “Adopted” children. The Committee had previously noted that children who are informally adopted into the home they call family are actually trapped into long hours of work, lack of rest and leisure, lack of freedom of mobility and association, and deprived of the right to education and medical treatment. Young girls are particularly vulnerable and, when brought into a household as juvenile babysitters, their role is very often transformed into overworked, unpaid or underpaid, multi-purpose domestic servants. The Committee had also noted the Government’s indication that such practices as “adoption” are a part of a cultural tradition in Papua New Guinea. The Committee had asked the Government to indicate the effective and time-bound measures taken to ensure that “adopted” children do not perform hazardous work. In its report, the Government indicates that the practices of mistreating “adopted” children by their adopted or foster parents are minimal. The overall national situation curtails the backdrop of sporadic cases that do happen in certain families, but such cases are triggered or influenced by external factors that do not necessarily relate to the intentions of “forced labour”. While noting the Government’s indication, the Committee once again considers that “adopted” children should not be exposed to exploitation, working for long hours and being denied access to education. It observes that these children, particularly girls, often fall prey to exploitation, which can take various forms, and that it is difficult to oversee their employment conditions. It consequently requests the Government to provide information on the measures taken to protect these children from the worst forms of child labour, particularly from hazardous work.

2. Child victims of prostitution. In its previous comments, the Committee had noted that, prostitution by young girls had become an important means of economic survival in Papua New Guinea’s urban centres and in rural areas and 30 per cent of the 350 young commercial sex workers identified were between 13 and 19 years of age. Child prostitution has always been visible but tolerated and there has been little systematic state intervention or sanctions. The Committee had requested the Government to provide information on measures taken to eliminate the prostitution of children under the age of 18. The Committee notes the Government’s indication that more girls, some as young as 13 years of age, are turning to prostitution as a means of survival in the cities and urban centres of the country. The Committee also notes the information provided by the Government that it is not doing enough to protect and safeguard victims of prostitution and sex workers. It is only the churches and civil organizations that are providing programmes and rehabilitation practices to such victims and workers. In light of the above information, the Committee requests the Government to take effective and time-bound measures to prevent children from being engaged in prostitution. It also requests the Government to provide the necessary and appropriate direct assistance to those engaged in prostitution in order to remove them from this worst form of child labour and provide for their rehabilitation and social integration. It asks the Government to provide information on the measures taken in this regard.

Parts IV and V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes the Government’s indication that there are still gaps and loopholes in the existing structures and practices, which require careful bridging to close them and therefore address all issues relating to the worst forms of child labour, which include child trafficking, prostitution, child involvement in illicit and illegal activities. The Government also indicates that, whilst the general ambit of the worst forms of child labour is not widespread, sporadic cases do occur, most of which are disguised and are done through organized processes and which occur in mostly the entertainment and hospitality industry. These are the major areas which require attention and appropriate legislation to curb the increasing problems faced by the young Papua New Guineans. The Committee also notes the Government’s indication that the survey on child labour which was supposed to take place in the past has not been realized. Considering that the above information indicates that some types of the worst forms of child labour occur in the country, the Committee hopes that the Government will conduct a child labour force survey in order to determine the magnitude of the worst forms of child labour. The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that the Criminal Code only protected girls from trafficking for the purpose of sexual exploitation, and there did not appear to be any similar provisions protecting boys. Nor were there legislative provisions prohibiting the sale and trafficking of children for the purpose of labour exploitation. In this regard, the Government had indicated that these anomalies in legislation were mainly due to the fact that most of the laws were developed during the colonial era and reflected the situation at that time. The Government had also indicated that Papua New Guinea is now embarking on a major legislative review and that the issues of gender and age would be at the forefront of that review. The Committee hopes that the legislative review will be completed shortly and that the new provisions will prohibit and penalize the sale and trafficking of girls and boys under the age of 18 for sexual and labour exploitation. It requests the Government to provide information on progress made in this regard.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that the legislation contains several provisions prohibiting the sexual exploitation of girls but does not appear to protect boys. It had also observed that the Criminal Code does not specifically prohibit the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. In this regard, the Committee had noted that the Child Sexual Assault Bill was before Parliament, in order to provide legislation designed to prevent and penalize child abuse, including new offences targeting offenders who get children involved in prostitution and the production of pornography. It had also noted the Government’s indication that the existing legislation does not adequately address the issues of child prostitution and pornography. The Committee notes the information provided by the Government that it will inform the Committee on progress made with regard to the Child Sexual Assault Bill and other documentation pertaining to this provision of the Convention. The Committee hopes that the Child Sexual Assault Bill will soon be adopted and that it will prohibit and penalize the use, procuring or offering of girls and boys below 18 for prostitution and for the production of pornography or for pornographic performances. It requests the Government to provide information on progress made in this respect and to supply a copy of the Child Sexual Assault Bill once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that the Dangerous Drugs Act deals with a range of drug-related offences, such as the cultivation, production, export, import and possession of dangerous drugs. It had noted, however, that the relevant legislation does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs. In this respect, the Government had indicated that illicit drugs are now a growing problem in the country and that the police department’s drug squad is now working to eradicate the problem. The Committee had asked the Government to indicate the measures taken or envisaged to prohibit this worst form of child labour. The Committee notes the information provided by the Government that the current legislative reforms will prohibit the use, procuring and offering of children under the age of 18 for illicit activities, in particular for the production and trafficking of drugs. The Committee once again hopes that the legislative reform will be adopted shortly and that the new provisions will prohibit and penalize the use, procuring and offering of children under 18 years of age for illicit activities. It requests the Government to provide information on progress made in this regard.

Article 3(d) and Article 4, paragraph 1. Hazardous work and determination of these types of work. In its previous comments, the Committee had noted that the legislation prohibits hazardous work, night work and work in mines for persons under 16 years of age. It had also noted that apart from a definition of “heavy labour”, the national legislation does not determine the types of hazardous work that ought to be prohibited for children under 18 years of age. In this regard, the Government had indicated that the National Executive Council, through its Decision No. 167/2000, established a National Child Rights Monitoring Committee to look into matters affecting children, including the minimum age and working in hazardous environments. It had also indicated that it was embarking on a legislative review in order to bring the legislation into accordance with the provisions of the Convention. Moreover, the Government had stated that, in reviewing the legislation, it would take into consideration relevant international standards such as Paragraph 3 of Recommendation No. 190. The Committee notes the information provided by the Government that the review of the occupational safety and health legislation, which will take place in 2008, will address issues pertaining to hazardous work and determination of hazardous work. The Committee hopes that the review of the occupational safety and health legislation will be completed shortly and that the new provisions will prohibit children under the age of 18 years from performing hazardous work and determine these types of hazardous work. It requests the Government to provide information on progress made to this end and to provide a copy of the new legislation once it has been adopted.

Article 6. Programmes of action. In its previous comments, the Committee had noted that the Child Rights Monitoring Committee had drawn up a National Plan of Action. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the implementation of the National Plan of Action, in particular on the measures taken to design and execute programmes of action to eliminate the worst forms of child labour and on the results attained.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. 
1. Access to free basic education. The Committee had previously noted that education is neither compulsory nor free in Papua New Guinea, and the legislation does not specify a legal age for entering and leaving school. However, some provinces of the country have allowed for free education. The Committee had also noted that 70 per cent of children attend primary school but less than 20 per cent attend secondary school. Moreover, it had noted that the Education Department has developed a ten-year National Education Plan to enable more children to be in school. One of the objectives of the National Education Plan is to achieve full and universal education by 2015. The Committee had asked the Government to provide information on the measures taken to ensure free basic education for all children.

In its report, the Government indicates that whilst it has formulated a ten-year Education Plan, through the Department of Education, the huge number of school leavers (those graduating and those who cannot complete school due to various reasons) has compelled the Government to refocus on informal education, such as technical and vocational training. The Government also indicates that concentration and focus will be on the effectiveness of the reforms in the education system, which will see tailored courses and curriculum imparted within both the formal and informal education system settings. The Committee notes that, according to the 2008 Education for All UNESCO Report entitled Education for All by 2015 – Will we make it? (2008 EFA UNESCO Report), little progress has been made in the country in attaining EFA. For example, at the primary education level, the number of new entrants to grade 1 has decreased and only 26 per cent of children are participating in the secondary education level. Concerning the gender parity in both primary and secondary education levels, Papua New Guinea is at risk of not achieving the goal by 2015. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee strongly encourages the Government to renew its efforts to improve the working of the education system, in particular by increasing the school enrolment rate and decreasing the number of school leavers at both the primary and secondary school levels, giving special attention to girls. It requests the Government to provide information on the results attained. The Committee also requests the Government to provide information on the measures taken to integrate children into the informal education system, such as technical and vocational training.

2. Child labour and youth employment projects. The Committee notes the Government’s indication that the current implementation of the Child Labour Project and the Youth Employment Project will shed some light into other best and effective time-bound programmes that can and will prevent the engagement of children in the worst forms of child labour. The Committee requests the Government to provide information on effective and time-bound measures taken in the context of both the Child Labour Project and the Youth Employment Project to prevent the engagement of children in the worst forms of child labour and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. Child soldiers. The Committee had previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add. 20, paragraph 347), during the ten-year civil war, a large armed and organized guerrilla force had mobilized and forcibly inducted many thousands of young men and male children from 14 years of age. It had noted that the Committee on the Rights of the Child, in its concluding observations in 2004 (CRC/C/15/Add. 229, paragraph 56), had recommended the State party to install a global strategy to avoid the participation of children in armed conflicts and to create measures for the rehabilitation and reintegration of former child soldiers into society. In this regard, the Government had indicated that programmes were in place to help the children involved in the conflict and that much had been achieved under these programmes, including rehabilitation, reintegration into society and education. The Government had also indicated that in June 2005 an autonomous Bougainville Government was created and most of the people have laid down their arms and have taken up the task of rebuilding Bougainville. The Committee had asked the Government to inform them of the situation of former child soldiers and programmes aimed at their rehabilitation and social integration.

The Committee notes the Government’s statement that normalcy has been restored in the Autonomous Region of Bougainville. Whilst there is a big gap in the education process (between those affected by the crisis and those who are presumed to be child soldiers and those that are now currently in schools), they have tried to adjust themselves by attending technical vocational schools not only in the Autonomous Region of Bougainville but also in other parts and provinces of the country. Considerable government assistance is given to them through various projects, programmes and initiatives that are being implemented in Bougainville. The Committee encourages the Government to pursue its efforts to improve the situation of former child soldiers and requests it to continue to provide information on programmes and initiatives aimed at their rehabilitation and social integration. It also strongly encourages the Government to take the necessary measures to improve their access to both the formal and informal education systems.

2. Child victims/orphans of HIV/AIDS. The Committee notes that according to the Government’s UNGASS 2008 Country Progress Report, the Department for Community Development Child Welfare Council and UNICEF conducted in 2006 a national situation analysis on families and children affected by HIV/AIDS and other vulnerable children in Papua New Guinea. The situation analysis cautions that as AIDS-related deaths increase in adult populations, increasing numbers of children will be orphaned by the epidemic, increasing their vulnerability to abuse and exploitation. In the 2007 estimation report, it was estimated that there have been increasing trends in the numbers of orphans living with HIV; in 2003, it was estimated that 1,549 orphans were living with HIV; in 2005, the estimated number increased to 2,704, and in 2007 to 3,704. The Committee also notes that according to the Government’s UNGASS 2008 Country Progress Report, a Four-Year National Strategy for the Protection, Care and Support of Orphans and Other Vulnerable Children in the country was developed by the Orphans and Vulnerable Children National Action Committee. Moreover, according to this report, the United Nations 2008–12 Country Program commits support to the protection of orphans and vulnerable children. The Committee observes that HIV/AIDS has negative consequences for orphans, who are at a heightened risk of being engaged in the worst forms of child labour. It requests the Government to provide information on the specific time-bound measures taken to implement the Four-Year National Strategy for the Protection, Care and Support of Orphans and Other Vulnerable Children and the United Nations 2008–12 Country Programme and the impact of these measures on preventing these children from being engaged in the worst forms of child labour.

Clause (e). Take account of the special situation of girls. 1. “Adopted” children. The Committee had previously noted that children who are informally adopted into the home they call family are actually trapped into long hours of work, lack of rest and leisure, lack of freedom of mobility and association, and deprived of the right to education and medical treatment. Young girls are particularly vulnerable and, when brought into a household as juvenile babysitters, their role is very often transformed into overworked, unpaid or underpaid, multi-purpose domestic servants. The Committee had also noted the Government’s indication that such practices as “adoption” are a part of a cultural tradition in Papua New Guinea. The Committee had asked the Government to indicate the effective and time-bound measures taken to ensure that “adopted” children do not perform hazardous work. In its report, the Government indicates that the practices of mistreating “adopted” children by their adopted or foster parents are minimal. The overall national situation curtails the backdrop of sporadic cases that do happen in certain families, but such cases are triggered or influenced by external factors that do not necessarily relate to the intentions of “forced labour”. While noting the Government’s indication, the Committee once again considers that “adopted” children should not be exposed to exploitation, working for long hours and being denied access to education. It observes that these children, particularly girls, often fall prey to exploitation, which can take various forms, and that it is difficult to oversee their employment conditions. It consequently requests the Government to provide information on the measures taken to protect these children from the worst forms of child labour, particularly from hazardous work.

2. Child victims of prostitution. In its previous comments, the Committee had noted that, prostitution by young girls had become an important means of economic survival in Papua New Guinea’s urban centres and in rural areas and 30 per cent of the 350 young commercial sex workers identified were between 13 and 19 years of age. Child prostitution has always been visible but tolerated and there has been little systematic state intervention or sanctions. The Committee had requested the Government to provide information on measures taken to eliminate the prostitution of children under the age of 18. The Committee notes the Government’s indication that more girls, some as young as 13 years of age, are turning to prostitution as a means of survival in the cities and urban centres of the country. The Committee also notes the information provided by the Government that it is not doing enough to protect and safeguard victims of prostitution and sex workers. It is only the churches and civil organizations that are providing programmes and rehabilitation practices to such victims and workers. In light of the above information, the Committee requests the Government to take effective and time-bound measures to prevent children from being engaged in prostitution. It also requests the Government to provide the necessary and appropriate direct assistance to those engaged in prostitution in order to remove them from this worst form of child labour and provide for their rehabilitation and social integration. It asks the Government to provide information on the measures taken in this regard.

Parts IV and V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes the Government’s indication that there are still gaps and loopholes in the existing structures and practices, which require careful bridging to close them and therefore address all issues relating to the worst forms of child labour, which include child trafficking, prostitution, child involvement in illicit and illegal activities. The Government also indicates that, whilst the general ambit of the worst forms of child labour is not widespread, sporadic cases do occur, most of which are disguised and are done through organized processes and which occur in mostly the entertainment and hospitality industry. These are the major areas which require attention and appropriate legislation to curb the increasing problems faced by the young Papua New Guineans. The Committee also notes the Government’s indication that the survey on child labour which was supposed to take place in the past has not been realized. Considering that the above information indicates that some types of the worst forms of child labour occur in the country, the Committee hopes that the Government will conduct a child labour force survey in order to determine the magnitude of the worst forms of child labour. The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. The worst forms of child labour. Clause (a).  Sale and trafficking of children. The Committee had previously noted that the Criminal Code prohibits the procurement, abduction and kidnapping of girls for the purpose of sexual exploitation. The Committee also noted that the Criminal Code only protected girls from trafficking for the purpose of sexual exploitation, and there did not appear to be any similar provisions protecting boys. Nor did there exist legislative provisions prohibiting the sale and trafficking of children for the purpose of labour exploitation. The Committee requested the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both girls and boys below the age of 18 years for the purposes of sexual or labour exploitation. The Committee noted the Government’s statement that the anomalies in legislation concerning the gender imbalance in the protection of under-aged children are mainly due to the fact that most of the laws were developed during the colonial era and reflected the situation of that time. It also noted the Government’s indication that Papua New Guinea is now embarking on a major legislative review. Issues such as gender and age would be at the forefront of this legislative review. The Committee hopes that the Government will adopt the necessary measures to prohibit the sale and trafficking of girls and boys under the age of 18 for sexual and labour exploitation. It asks the Government to keep it informed on the progress made in the revision of the relevant legislation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted that legislation contains several provisions prohibiting the sexual exploitation of girls and women. The Committee had noted that legislation only protects girls, and does not appear to protect boys. Moreover, the Committee had observed that the Criminal Code does not specifically prohibit the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. In this regard, the Committee had noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/Add.20, paragraphs 102 and 401), draft amendments to the Criminal Code called the Child Sexual Assault Bill were currently before Parliament, in order to provide legislation designed to prevent and penalize child abuse and included new offences targeting offenders who get children involved in prostitution and the production of pornography. The Committee had hoped that the Child Sexual Assault Bill would prohibit the use, procuring or offering of children below 18 (including boys) for prostitution and for the production of pornography or for pornographic performances. It had also asked the Government to indicate any development with regard to the adoption of the Child Sexual Assault Bill. The Committee noted the Government’s indication that the existing legislation does not adequately address the issues of child prostitution and pornography. The Government further stated that it would respond in detail on the measures taken to address these issues after the adoption of the Child Sexual Assault Bill. The Committee therefore once again requests the Government to provide information on the progress made in adopting the Child Sexual Assault Bill and to supply a copy of it once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that the Dangerous Drugs Act deals with a range of drug-related offences, such as the cultivation, production, export, import and possession of dangerous drugs. However, the Committee had noted that the relevant legislation does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs and had asked the Government to indicate the measures taken or envisaged in this regard. The Committee noted the Government’s indication that illicit drugs are now a growing problem in the country and that the police department’s drug squad is now working to eradicate the problem. It noted however that the Government’s report contains no information on legislative measures taken in this regard. The Committee reminded the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit in the national legislation the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee had previously noted that although legislation prohibited hazardous work, night work and work in mines for persons under 16 years of age, the Convention requires the prohibitions to apply to all children under the age of 18 years. In this regard, it had requested the Government to indicate the steps taken or envisaged to prohibit children under the age of 18 years from performing work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee noted the Government’s indication that the National Executive Council, through its Decision No. 167/2000, established a National Child Rights Monitoring Committee to look into matters affecting children, including the minimum age and working in hazardous environments. It also noted the Government’s information that it is envisaged to review the national legislation to bring it into conformity with the Convention. The Committee therefore asks the Government to keep it informed of the measures taken to prohibit hazardous work for children under the age of 18 years.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that apart from a definition of “heavy labour”, the national legislation does not determine the types of hazardous work that ought to be prohibited for children under 18 years of age. The Committee noted the Government’s response that it is embarking on a legislative review in order to bring the legislation into accordance with the provisions of the Convention. The Government also indicated that, in reviewing the legislation, it would take into consideration relevant international standards such as Paragraph 3 of Recommendation No. 190. The Committee requests the Government to keep it informed on the progress made in reviewing the legislation in order to determine the types of hazardous work. It asks the Government to provide a copy of a list of types of hazardous work once it has been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted the existence of various monitoring mechanisms such as the Child Rights Monitoring Committee, the Child Welfare Council and labour inspectors. It had requested the Government to provide further information on the functioning of these bodies and other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention and to provide extracts of the inspection reports. The Committee noted the Government’s response that the Child Welfare Council provides an effective vehicle for addressing child welfare issues. It further noted that several measures were taken to raise awareness, such as the preparation of a booklet by the Department of Labour and Industrial Relations containing relevant technical steps of conducting labour inspections and the publication of a basic information kit as a promotional material of the functions and responsibilities of the Department and the Ministry of Labour and Industrial Relations. The Committee also noted the Government’s indication that at this stage it cannot provide the detailed extracts of inspection reports and information on the functioning of the Child Rights Monitoring Committee, but it will provide the necessary information in its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that, under the ILO country programme for Papua New Guinea, a child labour force survey had been earmarked to be conducted, in collaboration with UNICEF, in order to assess the situation of child labour in the country and to take practical measures to combat the issue. It had noted that the survey would be conducted in 2004–05. The Committee had also noted that the Child Rights Monitoring Committee had drawn up a National Plan of Action. The Committee had requested the Government to provide information on the child labour force survey, as well as the implementation of the National Plan of Action and results obtained and on the consultations held with the relevant government institutions and employers’ and workers’ organizations. The Committee noted that the Government would provide this information in its next report. The Committee also noted that the child labour force survey is scheduled for 2005–06. It further noted the Government’s information that a national household labour force survey is envisaged to collect labour data and other necessary information. A component of this survey will be devoted to child labour. The Committee requests the Government to keep it informed on the implementation of the child labour force survey and the national household labour force survey. It also once again asks the Government to provide information on the implementation of the National Plan of Action and results obtained.

Article 7, paragraph 1. Penalties. The Committee had previously noted the penalties for the breach of the provisions prohibiting the worst forms of child labour. However, the Committee had noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 100), although the Criminal Code has explicit provisions for the protection of children, in many cases police were not enforcing them. It had also noted that proposed legislative reviews included the introduction of additional penal sanctions for persons who violate the provisions of the Convention and the rights of the child. The Committee had requested the Government to provide information on the outcome of these legislative reviews. The Committee noted the Government’s indication that the legislative review is ongoing and that information on changes and measures will be provided in due course. The Committee therefore asks the Government to keep it informed on the ongoing legislative reviews and measures taken to ensure the effective enforcement of penal sanctions for the offences related to the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that education is neither compulsory nor free in Papua New Guinea, and the legislation does not specify a legal age for entering and leaving school. The Committee had noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20) that there had been keen political support in order to achieve education for all, through implementation of major reforms of the national education system, which should provide greater access and relevance for children. The Committee had also noted that it was reported that 70 per cent of children attended primary school but less than 20 per cent attended secondary school. The Committee noted that the Government considers education as a priority and a powerful means to eliminate child labour. It noted that the Education Department has developed a ten-year National Education Plan to enable more children to be in school. One of the objectives of the National Education Plan for 2005–15 is to achieve full and universal education by 2015. The Committee also noted the Government’s indication that some provinces of the country have even allowed for free education, which they see as a basic right for children. It further noted that the Government is encouraging education through technical vocational training with an increase and upgrading of the status of vocational schools, as well as other initiatives such as “skills for life” courses for young people. The Committee also noted that the Department of Labour and Industrial Relations, through its Decent Work Country Programme, has identified several activities to address poverty and other related issues. One of these activities is aimed at enhancing skills of young people who are unsuccessful in their academic careers through “skills for cash” projects and vocational training. The Committee encourages the Government to pursue its efforts to ensure free basic education for all children. It also asks the Government to continue to provide information on the measures taken to this end, as well as the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child soldiers. The Committee had previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 347), during the ten years’ civil war, a large armed and organized guerrilla force had mobilized and forcibly inducted many thousands of young men and male children from 14 years of age. The Committee on the Rights of the Child in its Concluding Observations in 2004 (CRC/C/15/Add.229, paragraph 56), recommended the state party to install a global strategy to avoid the participation of children in armed conflicts and to create measures for the rehabilitation and reintegration of former child soldiers into society. The Committee had noted the Government’s statement that reintegration programmes for child soldiers include: trauma counselling offered by a number of NGOs; making education accessible to former child soldiers by heavily subsidizing it by the Government; the setting up of the ex-combatants’ scheme aimed at supporting the reintegration of former combatants by giving financial assistance for self-help and self-supporting small-scale projects. The Committee had asked the Government to provide information on the impact of the abovementioned programmes in providing for the rehabilitation and social integration of former child soldiers. It had also asked the Government to indicate whether it had established or envisaged the elaboration of a global strategy to avoid the participation of children in armed conflicts in the future. The Committee noted the Government’s indication that the programmes are in place to help the children involved in the conflict and that much has been achieved under these programmes, including rehabilitation, reintegration into the society and education. The Government stated that the assistance of the United Nations Observer Mission in Bougainville and the return of basic Government services and infrastructures such as banks, educational institutions and hospitals have largely helped these children. The Committee also noted that in June 2005 an autonomous Bougainville Government was created and most of the people have laid down their arms and have taken the task of rebuilding Bougainville. The Committee asks the Government to keep it informed on the situation of former child soldiers and programmes aimed at their rehabilitation and social integration.

Clause (e). Take account of the special situation of girls. 1. “Adopted” children. The Committee had previously noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraphs 382–386) that children who are informally adopted into the home they call family are actually trapped into long hours of work, lack of rest and leisure, lack of freedom of mobility and association, and deprived of the right to education and medical treatment. Young girls are particularly vulnerable and, when brought into a household as juvenile babysitters, their role is very often transformed into overworked, unpaid or underpaid, multipurpose domestic servants. The Committee had asked the Government to provide information on measures taken or envisaged to address the situation of these children and to protect them from the worst forms of child labour. The Committee noted the Government’s indication that such practices as “adoption” are a part of a cultural tradition in Papua New Guinea. The Committee nevertheless considered that “adopted” children should not be exposed to hazardous work, such as working for long hours and should have access to education. It therefore asks the Government to indicate the effective and time-bound measures taken to ensure that “adopted” children do not perform hazardous work.

2. Child victims of prostitution. The Committee had previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraphs 392–395), prostitution by young girls had become an important means of economic survival in Papua New Guinea’s urban centres and in rural areas and 30 per cent of the 350 young commercial sex workers identified were between 13 and 19 years of age. Child prostitution has always been visible but tolerated and there has been little systematic state intervention or sanctions. Moreover, child prostitutes are at high risk of HIV, rape and sexual assault. The Committee noted the Government’s information that there has been an increase in the number of child prostitutes mostly aged 16–24 years. The Government indicated that no real legislative sanctions are in place to deal with child prostitution and this issue is not given due consideration. It further stated that the only way to protect girls and children from prostitution is to have legislation in place. The Committee also noted that the Government is informally considering the idea of prostitution to be legalized in order to regulate this activity and to address social issues and the HIV/AIDS epidemic. The Committee requests the Government to provide further information on legislative and other measures taken to eliminate the prostitution of children under the age of 18.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the Government’s indication that, given the general non-existent nature of the worst forms of child labour in the country, there are no recorded cases or reports of these activities. However, the Government will continue research into these activities. The Committee therefore once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. The worst forms of child labour. Clause (a).  Sale and trafficking of children. The Committee had previously noted that the Criminal Code prohibits the procurement, abduction and kidnapping of girls for the purpose of sexual exploitation. The Committee also noted that the Criminal Code only protected girls from trafficking for the purpose of sexual exploitation, and there did not appear to be any similar provisions protecting boys. Nor did there exist legislative provisions prohibiting the sale and trafficking of children for the purpose of labour exploitation. The Committee requested the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both girls and boys below the age of 18 years for the purposes of sexual or labour exploitation. The Committee notes the Government’s statement that the anomalies in legislation concerning the gender imbalance in the protection of under-aged children are mainly due to the fact that most of the laws were developed during the colonial era and reflected the situation of that time. It also notes the Government’s indication that Papua New Guinea is now embarking on a major legislative review. Issues such as gender and age will be at the forefront of this legislative review. The Committee hopes that the Government will adopt the necessary measures to prohibit the sale and trafficking of girls and boys under the age of 18 for sexual and labour exploitation. It asks the Government to keep it informed on the progress made in the revision of the relevant legislation.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted that legislation contains several provisions prohibiting the sexual exploitation of girls and women. The Committee had noted that legislation only protects girls, and does not appear to protect boys. Moreover, the Committee had observed that the Criminal Code does not specifically prohibit the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. In this regard, the Committee had noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/Add.20, paragraphs 102 and 401), draft amendments to the Criminal Code called the Child Sexual Assault Bill were currently before Parliament, in order to provide legislation designed to prevent and penalize child abuse and included new offences targeting offenders who get children involved in prostitution and the production of pornography. The Committee had hoped that the Child Sexual Assault Bill would prohibit the use, procuring or offering of children below 18 (including boys) for prostitution and for the production of pornography or for pornographic performances. It had also asked the Government to indicate any development with regard to the adoption of the Child Sexual Assault Bill. The Committee notes the Government’s indication that the existing legislation does not adequately address the issues of child prostitution and pornography. The Government further states that it will respond in detail on the measures taken to address these issues after the adoption of the Child Sexual Assault Bill. The Committee therefore once again requests the Government to provide information on the progress made in adopting the Child Sexual Assault Bill and to supply a copy of it once it has been adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that the Dangerous Drugs Act deals with a range of drug-related offences, such as the cultivation, production, export, import and possession of dangerous drugs. However, the Committee had noted that the relevant legislation does not specifically prohibit the use, procuring or offering of a child for the production and trafficking of drugs and had asked the Government to indicate the measures taken or envisaged in this regard. The Committee notes the Government’s indication that illicit drugs are now a growing problem in the country and that the police department’s drug squad is now working to eradicate the problem. It notes however that the Government’s report contains no information on legislative measures taken in this regard. The Committee reminds the Government that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee accordingly requests the Government to indicate the measures taken or envisaged to prohibit in the national legislation the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee had previously noted that although legislation prohibited hazardous work, night work and work in mines for persons under 16 years of age, the Convention requires the prohibitions to apply to all children under the age of 18 years. In this regard, it had requested the Government to indicate the steps taken or envisaged to prohibit children under the age of 18 years from performing work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s indication that the National Executive Council, through its Decision No. 167/2000, established a National Child Rights Monitoring Committee to look into matters affecting children, including the minimum age and working in hazardous environments. It also notes the Government’s information that it is envisaged to review the national legislation to bring it into conformity with the Convention. The Committee therefore asks the Government to keep it informed of the measures taken to prohibit hazardous work for children under the age of 18 years.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that apart from a definition of "heavy labour", the national legislation does not determine the types of hazardous work that ought to be prohibited for children under 18 years of age. The Committee notes the Government’s response that it is embarking on a legislative review in order to bring the legislation into accordance with the provisions of the Convention. The Government also indicates that, in reviewing the legislation, it will take into consideration relevant international standards such as Paragraph 3 of Recommendation No. 190. The Committee requests the Government to keep it informed on the progress made in reviewing the legislation in order to determine the types of hazardous work. It asks the Government to provide a copy of a list of types of hazardous work once it has been adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted the existence of various monitoring mechanisms such as the Child Rights Monitoring Committee, the Child Welfare Council and labour inspectors. It had requested the Government to provide further information on the functioning of these bodies and other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention and to provide extracts of the inspection reports. The Committee notes the Government’s response that the Child Welfare Council provides an effective vehicle for addressing child welfare issues. It further notes that several measures were taken to raise awareness, such as the preparation of a booklet by the Department of Labour and Industrial Relations containing relevant technical steps of conducting labour inspections and the publication of a basic information kit as a promotional material of the functions and responsibilities of the Department and the Ministry of Labour and Industrial Relations. The Committee also notes the Government’s indication that at this stage it cannot provide the detailed extracts of inspection reports and information on the functioning of the Child Rights Monitoring Committee, but it will provide the necessary information in its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that, under the ILO country programme for Papua New Guinea, a child labour force survey had been earmarked to be conducted, in collaboration with UNICEF, in order to assess the situation of child labour in the country and to take practical measures to combat the issue. It had noted that the survey would be conducted in 2004-05. The Committee had also noted that the Child Rights Monitoring Committee had drawn up a National Plan of Action. The Committee had requested the Government to provide information on the child labour force survey, as well as the implementation of the National Plan of Action and results obtained and on the consultations held with the relevant government institutions and employers’ and workers’ organizations. The Committee notes that the Government will provide this information in its next report. The Committee also notes that the child labour force survey is scheduled for 2005-06. It further notes the Government’s information that a national household labour force survey is envisaged to collect labour data and other necessary information. A component of this survey will be devoted to child labour. The Committee requests the Government to keep it informed on the implementation of the child labour force survey and the national household labour force survey. It also once again asks the Government to provide information on the implementation of the National Plan of Action and results obtained.

Article 7, paragraph 1. Penalties. The Committee had previously noted the penalties for the breach of the provisions prohibiting the worst forms of child labour. However, the Committee had noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 100), although the Criminal Code has explicit provisions for the protection of children, in many cases police were not enforcing them. It had also noted that proposed legislative reviews included the introduction of additional penal sanctions for persons who violate the provisions of the Convention and the rights of the child. The Committee had requested the Government to provide information on the outcome of these legislative reviews. The Committee notes the Government’s indication that the legislative review is ongoing and that information on changes and measures will be provided in due course. The Committee therefore asks the Government to keep it informed on the ongoing legislative reviews and measures taken to ensure the effective enforcement of penal sanctions for the offences related to the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that education is neither compulsory nor free in Papua New Guinea, and the legislation does not specify a legal age for entering and leaving school. The Committee had noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20) that there had been keen political support in order to achieve education for all, through implementation of major reforms of the national education system, which should provide greater access and relevance for children. The Committee had also noted that it was reported that 70 per cent of children attended primary school but less than 20 per cent attended secondary school. Noting that education contributes to eliminating the worst forms of child labour, the Committee had requested the Government to indicate the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour. The Committee notes that the Government considers education as a priority and a powerful means to eliminate child labour. It notes that the Education Department has developed a ten-year National Education Plan to enable more children to be in school. One of the objectives of the National Education Plan for 2005-15 is to achieve full and universal education by 2015. The Committee also notes the Government’s indication that some provinces of the country have even allowed for free education, which they see as a basic right for children. It further notes that the Government is encouraging education through technical vocational training with an increase and upgrading of the status of vocational schools, as well as other initiatives such as "skills for life" courses for young people. The Committee also notes that the Department of Labour and Industrial Relations, through its Decent Work Country Programme, has identified several activities to address poverty and other related issues. One of these activities is aimed at enhancing skills of young people who are unsuccessful in their academic careers through "skills for cash" projects and vocational training. The Committee encourages the Government to pursue its efforts to ensure free basic education for all children. It also asks the Government to continue to provide information on the measures taken to this end, as well as the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Child soldiers. The Committee had previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 347), during the ten years’ civil war, a large armed and organized guerrilla force had mobilized and forcibly inducted many thousands of young men and male children from 14 years of age. The Committee on the Rights of the Child in its Concluding Observations in 2004 (CRC/C/15/Add.229, paragraph 56), recommended the state party to install a global strategy to avoid the participation of children in armed conflicts and to create measures for the rehabilitation and reintegration of former child soldiers into society. The Committee had noted the Government’s statement that reintegration programmes for child soldiers include: trauma counselling offered by a number of NGOs; making education accessible to former child soldiers by heavily subsidizing it by the Government; the setting up of the ex-combatants’ scheme aimed at supporting the reintegration of former combatants by giving financial assistance for self-help and self-supporting small-scale projects. The Committee had asked the Government to provide information on the impact of the abovementioned programmes in providing for the rehabilitation and social integration of former child soldiers. It had also asked the Government to indicate whether it had established or envisaged the elaboration of a global strategy to avoid the participation of children in armed conflicts in the future. The Committee notes the Government’s indication that the programmes are in place to help the children involved in the conflict and that much has been achieved under these programmes, including rehabilitation, reintegration into the society and education. The Government states that the assistance of the United Nations Observer Mission in Bougainville and the return of basic Government services and infrastructures such as banks, educational institutions and hospitals have largely helped these children. The Committee also notes that in June 2005 an autonomous Bougainville Government was created and most of the people have laid down their arms and have taken the task of rebuilding Bougainville. The Committee asks the Government to keep it informed on the situation of former child soldiers and programmes aimed at their rehabilitation and social integration.

Clause (e). Take account of the special situation of girls. 1. "Adopted" children. The Committee had previously noted the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraphs 382-386) that children who are informally adopted into the home they call family are actually trapped into long hours of work, lack of rest and leisure, lack of freedom of mobility and association, and deprived of the right to education and medical treatment. Young girls are particularly vulnerable and, when brought into a household as juvenile babysitters, their role is very often transformed into overworked, unpaid or underpaid, multipurpose domestic servants. The Committee had asked the Government to provide information on measures taken or envisaged to address the situation of these children and to protect them from the worst forms of child labour. The Committee notes the Government’s indication that such practices as "adoption" are a part of a cultural tradition in Papua New Guinea. The Committee nevertheless considers that "adopted" children should not be exposed to hazardous work, such as working for long hours and should have access to education. It therefore asks the Government to indicate the effective and time-bound measures taken to ensure that "adopted" children do not perform hazardous work.

2. Child victims of prostitution. The Committee had previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraphs 392-395), prostitution by young girls had become an important means of economic survival in Papua New Guinea’s urban centres and in rural areas and 30 per cent of the 350 young commercial sex workers identified were between 13 and 19 years of age. Child prostitution has always been visible but tolerated and there has been little systematic state intervention or sanctions. Moreover, child prostitutes are at high risk of HIV, rape and sexual assault. The Committee had asked the Government to provide information on measures taken or envisaged to address the situation of these girls. The Committee notes the Government’s information that there has been an increase in the number of child prostitutes mostly aged 16-24 years. The Government indicates that no real legislative sanctions are in place to deal with child prostitution and this issue is not given due consideration. It further states that the only way to protect girls and children from prostitution is to have legislation in place. The Committee also notes that the Government is informally considering the idea of prostitution to be legalized in order to regulate this activity and to address social issues and the HIV/AIDS epidemic. The Committee requests the Government to provide further information on legislative and other measures taken to eliminate the prostitution of children under the age of 18.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that, given the general non-existent nature of the worst forms of child labour in the country, there are no recorded cases or reports of these activities. However, the Government will continue research into these activities. The Committee therefore once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 1 of the Convention. The Committee notes the Government’s information that Papua New Guinea has no real problems in relation to the worst forms of child labour and hence, no immediate or effective measures have been established to combat the issue. However, in the event that this issue becomes a major problem in the future, and for the purpose of this article, the national Constitution forms the basis upon which the provisions of the Convention are addressed. The Committee notes the information contained in the report that the Government, through the Department of Labour and Industrial Relations, has embarked on the task of incorporating the provisions of the Convention into a range of the existing national legislation such as: the Child Welfare Act; the Adoption of Children Act; the Criminal Code Act; the Evidence Act; the Summary Offences Act; the Deserted Wives and Children Act; the Infant Act; the Maintenance Order Endorsement Act; the Civil Registration Act; and the Juvenile Court Act. The Committee also observes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 382), due to the high rate of students leaving school after grades 6, 8 and 10, there is a vast urban unemployment problem and an associated vast pool of cheap, young child labour. Therefore, the Committee points out that even in the absence of the worst forms of child labour, Article 1 of the Convention requires ratifying member States to take immediate and effective measures to secure the prohibition of the worst forms of child labour so as to make sure that they will not occur in the future. The Committee consequently requests the Government to provide information on the national policy measures taken or envisaged to effectively reduce and eliminate the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a).  Slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that there appear to be no legal provisions in Papua New Guinea specifically prohibiting the sale and trafficking of children. However, it notes that according to section 218 of the Criminal Code a person who procures, entices or leads away any girl or woman, whether with or without her consent, with intent that some other person may have carnal knowledge of her, whether inside or outside Papua New Guinea, is guilty of an offence. It also notes that section 219 punishes any person who, by means of fraud, threat, drugs or intoxicating liquor, procures, entices or leads away any girl or woman for the purpose of having sexual relationship with any other person, whether inside or outside Papua New Guinea. It also notes that sections 220, 222, 350, and 351 of the Criminal Code deal with the abduction and kidnapping of girls and women for the purpose of sexual exploitation. The Committee notes that the abovementioned provisions of the Criminal Code only protect girls from some forms of trafficking for the purpose of sexual exploitation. It also notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraphs 97-102), there are considerable anomalies in the laws protecting children less than 18 years, as there is no protection for boys aged 14 to 18, while there are numerous provisions which protect girls in the same age bracket. This reflects greater protection for female victims. Therefore, the Committee requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of children, including boys, below the age of 18 years for the purposes of sexual or labour exploitation.

2. Forced labour. The Committee notes that article 42 of the Constitution states that no person shall be deprived of his personal liberty. It notes that, according to section 355 of the Criminal Code, a person who unlawfully confines or detains another in any place against his will, or deprives another of his personal liberty is guilty of a misdemeanour. The Committee notes that article 43 of the Constitution prohibits forced labour. It also notes that section 353 of the Criminal Code provides that a person who forcibly takes or detains another person with intent to compel that other person to work for him against his will is guilty of a crime.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the Criminal Code does not provide for a specific offence for child prostitution. However, it notes that the legislation contains several provisions which punish sexual trafficking and sexual exploitation. The Committee notes that, in addition to the provisions mentioned under Article 3(a)(2), section 221 of the Criminal Code punishes any person who detains a woman or a girl under the age of 18 against her will in or on any premises for the purpose of her being unlawfully carnally known by a man or detains her in a brothel. The Committee notes that the abovementioned provision only refers to girls. It further notes that section 55 of the Summary Offences Act penalizes any person who lives wholly or partly on the earnings of prostitution. According to section 57, a person who, being the owner, lessee, tenant, occupier or person in charge of any premises, uses or knowingly permits or lets or sublets the premises to be used as a brothel or for any other purposes connected with prostitution, is guilty of an offence. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/Add.20, paragraphs 102 and 401), draft amendments to the Criminal Code called the Child Sexual Assault Bill are currently before Parliament, in order to provide a more flexible legislation in tune with global advances in understanding, penalizing and preventing child abuse and including new offences targeting offenders who get children involved in prostitution. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under the age of 18 years, including boys, for prostitution. Moreover, the Committee observes that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18. In this regard, it notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/Add.20, paragraph 401), the Child Sexual Assault Bill, which is currently before Parliament, will include new offences targeting offenders who get children involved in the production and processing of child pornography. The Committee trusts that the Child Sexual Assault Bill will prohibit the use, procuring or offering of a child below 18 for the production of pornography or for pornographic performances. It also asks the Government to indicate any development with regard to the adoption of the Child Sexual Assault Bill.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that according to section 3 of the Dangerous Drugs Act a person who: (a) knowingly cultivates a plant from which a dangerous drug can be made; or (b) makes, exports, or has in his possession a dangerous drug or a plant from which a dangerous drug can be made is guilty of an offence. Section 4 further punishes the importation of dangerous drugs. However, the Committee notes that the relevant legislation does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It asks the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs.

Article 3(d). Hazardous work. The Committee notes that section 104 of the Employment Act states that no person under 16 years of age shall be employed in any employment or in any place, or under working conditions, that are injurious or likely to be injurious to the health of the person. According to section 105, a person under 16 years of age shall not be employed during the night between 6 p.m. and 6 a.m. The Committee notes that section 23 of the Mining (Safety) Act prohibits the employment of children below the age of 16 years in any mine. The Committee notes that the prohibition of performing hazardous work under sections 104 and 105 of the Employment Act, section 23 of the Mining Act, and section 79 of the Child Welfare Act only applies to children below the age of 16 years. The Committee requests the Government to indicate the steps taken or envisaged to prohibit children under 18 years from performing work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, pursuant to Article 3(d) of the Convention.

Article 4. Determination of hazardous work. The Committee notes that, while section 104 of the Employment Act contains a general prohibition for young persons under 16 years from performing work which is injurious or likely to be injurious to their health, the national legislation does not contain a determination of the types of hazardous work. However, it notes that section 1 of the Employment Act provides for a definition of "heavy labour" which includes employment: (a) as a quarryman; (b) as a diver; (c) as a fisher for pearl shell or any sea products other than fish; (d) in the loading or unloading of any ships cargo (other than cargo that is: (i) the produce of; or (ii) intended for use, at a plantation where the employee is employed); (e) in mining or carrying; (f) in pit-sawing, logging or sawing; (g) in any kind of work declared to be heavy labour by the Minister. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). This Paragraph states that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to the health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous and which are to be prohibited for children under 18 years of age. In determining the types of work to be considered as hazardous, the Committee trusts that due consideration will be given to Paragraph 3 of Recommendation No. 190 in this regard.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that the National Executive Council, by Decision No. 167/2000, established a Child Rights Monitoring Committee. It also takes note of the Government’s information on the functions of the National Tripartite Consultative Council Secretariat (NTCCS) and the tripartite Technical Working Committee established by the Department of Labour and Industrial Relations. The Committee further notes that section 5 of the Child Welfare Act establishes a Child Welfare Council, in order to: advise the Director of Child Welfare on child welfare in the country; report to the Director on any child welfare matter; request and investigate any matters relating to a child who is believed to be in need of assistance and control under this Act. The Committee notes that section 8 of the Employment Act provides for the appointment of authorized officers or labour officers. Section 142 states that the authorized officers are entitled to: enter, inspect and examine any industrial workplace at all reasonable times; and interrogate the employer or any representative of the employer on any matter concerning the carrying out of the provisions of this Act. The Committee notes that section 5 of the Mining (Safety) Act appoints a chief inspector and such other inspectors for the purpose of conducting inspections of any mine. The Committee requests the Government to provide further information on the functioning of the Child Rights Monitoring Committee, the Child Welfare Council, the labour inspectorate and other mechanisms established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s information that, under the ILO country programme for Papua New Guinea titled "Structural adjustment at minimum social cost" (SAMSC), sector 1, a Child Labour Force Survey was earmarked to be conducted in 2003-04, in collaboration with UNICEF, in order to assess the situation of child labour in the country and to take practical measures to combat the issue. The Committee notes that it seems that the abovementioned survey will be conducted in 2004-05. The Committee also notes the Government’s information that the National Child Rights Monitoring Committee drew up a National Plan of Action with the vision that a Papua New Guinea child shall be: (a) nurtured in a safe environment; (b) educated with life skills; (c) physically, mentally, socially and spiritually healthy; (d) informed to take life choices; (e) allowed freedom of expression and association; (f) protected from all forms of exploitation; (g) provided with all basic services. The Committee requests the Government to provide information on the abovementioned Child Labour Force Survey as well as the implementation of the National Plan of Action and results obtained and on the consultations held thereon with the relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that, according to section 355 of the Criminal Code, anyone who commits the offence of depriving another of his personal liberty is punishable with imprisonment for three years. Section 353 punishes with imprisonment of up to seven years anyone who forcibly takes or detains another person with intent to compel him to work against his will. The Committee notes that section 218 of the Criminal Code provides a penalty of imprisonment for a term not exceeding three years for anyone who procures, entices or leads away any girl or woman, with intent that some other person may have carnal knowledge of her. Section 219 imposes penalties on any person who by means of fraud, threat or by drugs or intoxicating liquor, procures, entices or leads away any girl or woman for the purpose of having sexual relationship with any other person. It notes that section 221 of the Criminal Code imposes a penalty on any person who detains a woman or a girl against her will in or on any premises for the purpose of her being unlawfully carnally known by a man or detains her in a brothel. Section 621 of the Criminal Code states that if it is proved that the seduction, prostitution or incest of a girl under the age of 18 years has been caused, encouraged or favoured by her parents, guardian, master or mistress, the court may make an order divesting the parents, guardian, master or mistress of all authority over her and may appoint any person who is willing to take charge of the girl until she attains 18 years or any age under 18 years that the court directs. Section 55 of the Summary Offences Act imposes a fine not exceeding K400 (approximately US$126) or imprisonment for a term not exceeding one year to any person who lives wholly or partly on the earnings of prostitution. The Committee notes that section 105(3) of the Employment Act provides that anyone who employs a person under 16 years of age in any work which is injurious to his health, dangerous or unsuitable, shall be liable to a fine not exceeding K500 (approximately US$157). The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 100), the Criminal Code has explicit provisions for the protection of children, but in many cases police are not enforcing them. It also notes the Government’s information that the proposed legislative reviews also include penal sanctions and other forms of penalties or fines for persons or organizations that violate the provisions of the Convention and the rights of the child. The Committee requests the Government to provide information on the announced legislative reviews.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children. 1. The Committee notes the Government’s information that the Department of Labour and Industrial Relations through ILO technical assistance, translated the ratified ILO Conventions on fundamental rights at work into the two other official languages of Pidgin and Motu, so as to enable the general public to understand the provisions of the Convention. The translated texts were launched at a special gathering which included all sections of the community, and produced into booklets, pamphlets, fliers, posters and stickers that were distributed to all the educational institutions and other private organizations. The Committee also notes that, according to the Government, media publicity, public-awareness activities and campaigns, tripartite seminars and workshops have been envisaged to be conducted in the future on a continuous basis to educate and create awareness on the evils of child labour. The Committee asks the Government to provide information on the implementation of the abovementioned campaigns and activities, as well as results obtained.

2. The Committee notes that education is neither compulsory nor free in Papua New Guinea, and the legislation does not specify a legal age for entering and leaving school. The Committee notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C728/Add.20) that there has been keen political support in order to achieve education for all, through implementation of major reforms of the national education system, which should provide greater access and relevance for children. Accordingly, the National Education Plan 1995-2004 has two priorities, such as providing quality education for all and reforming the whole national education system. Current targets to achieve by 2010 are universal primary education to grade 8 and an increase in the transition from grade 9 to 10 by 50 per cent. According to the same source, it is reported that 70 per cent of children attend primary school but less than 20 per cent attend secondary school. The Committee notes the Government’s information that institutionalized education and training will be considered for those high-risk category of children, especially young girls between the ages of 11 and 15 years and those that have dropped out of school, when the implementation plans and strategies are being formulated. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It requests the Government to indicate the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. Child soldiers. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraph 347), during the ten years’ civil war, a large armed and organized guerrilla force mobilized and forcibly inducted many thousands of young men and male children from 14 years of age. It also notes that, in its 2004 Concluding Observations (CRC/C/15/Add.229, paragraph 56), the Committee on the Rights of the Child recommended the state party to install a global strategy to avoid the participation of children in armed conflicts and to create measures for the rehabilitation and reintegration of former child soldiers into society. In its replies to the UN Committee, the Government stated that reintegration programmes for child soldiers include: a number of NGOs, which mainly offer trauma counselling; making education accessible to former child soldiers by heavily subsidizing it by the Government; the setting up of the ex-combatants’ scheme. This is a microcredit scheme aimed at supporting the reintegration of former combatants, including young people, by giving financial assistance for self-help and self-supporting small-scale projects.

The Committee asks the Government to provide information on the impact of the abovementioned programmes in providing for the rehabilitation and social integration of former child soldiers, and in particular to indicate approximately how many former child soldiers have been rehabilitated by such programmes. It also asks the Government to provide information on whether it has established, or is making efforts towards the elaboration of, a global strategy to avoid the participation of children in armed conflicts in the future.

Clause (e). Taking account of the special situation of girls. 1. "Adopted" children. The Committee notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraphs 382-386) that children who are informally adopted into the home they call family are actually trapped into long hours of work, lack of rest and leisure, lack of freedom of mobility and association, and deprived of the right to education and medical treatment. Young girls are particularly vulnerable and, when brought into a household as juvenile babysitters, their role is very often transformed into overworked, unpaid or underpaid, multipurpose domestic servants. These children are referred to as "adopted". Much of this domestic child labour remains invisible and children have little recourse or redress.

2. Child victims of prostitution. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20, paragraphs 392-395), prostitution by young girls has become an important means of economic survival in Papua New Guinea’s urban centres and in rural areas and 30 per cent of the 350 young commercial sex workers identified were between 13 and 19 years of age. Child prostitution has always been visible but tolerated and there has been little systematic state intervention or sanctions. Moreover, child prostitutes are at high risk of HIV, rape and sexual assault.

The Committee asks the Government to provide information on measures taken or envisaged to address the situation of these children and to protect girls from the worst forms of child labour.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the Child Rights Monitoring Committee together with the National Tripartite Consultative Council (NTCC) will be designated with the responsibility to oversee the implementation of the strategic plans and programmes to give effect to the provisions of the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s information that Papua New Guinea is a member of the international community, through membership within the United Nations (UN), World Trade Organization (WTO), ILO, and World Health Organization (WHO) as well as regional organizations such as Asia-Pacific Economic Cooperation (APEC), South Pacific Forum (SPF), South Pacific Commission (SPC), Melanesian Spearhead Group (MSG) and observer to organizations such as the South-West Pacific Social Dialogue (SWPSD), and Association of South-East Asian Nations (ASEAN). Therefore, Papua New Guinea is likely to benefit from assistance provided by other countries. The Committee also notes the Government’s statement that there is likely to be enhanced international cooperation and assistance, by way of exchanging information and experiences in dealing with labour issues, socio-economic development, poverty eradication programmes and universal education between member countries which will eventually give effect to the provisions of the Convention. The Committee asks the Government to provide further information in this regard.

Parts IV and V of the report form. The Committee notes the Government’s statement that, according to the 2000 population census, the national population of Papua New Guinea is 5.3 million, of which nearly half the population (about 2 million) is under the age of 15 years. It further notes that according to the Government no inspection reports or any other documented material on the worst forms of child labour exist in Papua New Guinea. The Committee requests the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.