Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (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.