Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (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.