Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (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.