Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (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.