Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s first report, and of the communication of the International Confederation of Free Trade Unions (ICFTU) dated 25 June 2003. It also notes Business New Zealand’s comments dated 29 August 2003 regarding the Government’s report. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. 1. Action Plan for Human Rights. The Committee notes the Government’s indication that the Human Rights Commission is preparing an Action Plan for Human Rights that will focus on children’s rights and will identify strategies or actions to implement international standards relating to children’s rights. The Committee asks the Government to provide further information on the Action Plan for Human Rights, especially on the measures taken there under to secure the prohibition and elimination of the worst forms of child labour.

2. New Zealand’s Agenda for Children. The Committee notes the Government’s indication that New Zealand’s Agenda for Children is a Government strategy aimed at improving the lives of children. New Zealand’s Agenda for Children focuses on child poverty, improving local government and community planning for children, increasing child participation as well as enhancing information, research and collaboration on child-related issues. The Committee asks the Government to provide further information on the impact of New Zealand’s Agenda for Children on securing and prohibiting the elimination of the worst forms of child labour.

Article 3. The worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that, by virtue of section 98(1) of the Crimes Act of 1961 (as amended in 2002), a person who, within or outside New Zealand: (a) sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; (b) employs or uses any person as a slave, or permits any person to be so employed or used; (c) detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or (d) induces any person to sell, let or give himself, or any other person dependent on him, or in his charge, as a slave, commits a criminal offence.

2. Trafficking of children. The Committee notes that section 98(1)(i) of the Crimes Act, specifically prohibits a parent or guardian of any child under 18 to deliver that child to another person, within or outside New Zealand, with intent that the child or his labour shall be exploited. It also notes that, according to section 98(D) of the Crimes Act, it is a criminal offence to: (a) arrange the entry of a person into New Zealand or any other state by one or more acts of coercion against the person, one or more acts of deception of the person, or both; or (b) to arrange, organize, or procure the reception, concealment, or harbouring in New Zealand or any other state of a person, knowing that the person’s entry into New Zealand or that state was arranged by one or more acts of coercion against the person, one or more acts of deception, or both. The Committee notes that, according to section 98(E)(2)(a) of the Crimes Act, when determining the sentence, a court must take into account whether the person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of an offence. The court, when determining the sentence, shall also consider the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years (section 98(E)(2)(b) of the Crimes Act).

2. Debt bondage and serfdom. The Committee observes that, according to section 98(1)(e) of the Crimes Act, it is a criminal offence to induce a person to sell, let or give any other person into debt bondage or serfdom. It also notes that, according to section 98(2) of the Crimes Act, the term "debt bondage" means the status or condition arising from a pledge by a debtor of his personal services, or of the personal services of any person under his control, as security for a debt, if the value of those services, as reasonably assessed, is not applied towards the liquidation of the debt or if the length and nature of those services are not limited and defined; and "serfdom" means the status or condition of a tenant who is by any law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to that other person, whether for reward or not, and who is not free to change that status or condition.

3. Compulsory recruitment of children for use in armed conflict. The Committee takes note of the Government’s indications to the Committee on the Rights of the Child (CRC/C/93/Add.4, 12 March 2003, paragraph 863) that all recruitment in the New Zealand Defence Force is voluntary. The Committee also notes that, by virtue of section 36(1) and (2) of the Defence Act of 1990, a person under 18 years of age shall not, unless he/she is or has been married, be eligible to enlist or be accepted for service in the armed forces if a parent, a testamentary or court-appointed guardian, or a court objects. It further notes that every application, by a person under 18 years of age who is not or has not been married for enlistment in the armed forces, shall be accompanied by the written consent of one parent (or legal guardian) and a written acknowledgment by the person giving the consent that he/she is aware that the person enlisting will be liable for active service at any time after that person attains the age of 18 years (section 36(4) of the Defence Act 1990).

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee observes that, by virtue of section 149 of the Crimes Act, a person who, for gain or reward, procures or agrees or offers to procure any person under the age of 18 years for the purposes of prostitution, commits a criminal offence. The Committee notes the Government’s indication that the Prostitution Reform Act was enacted in June 2003 to create a framework that specifically prohibits the use of persons under 18 years of age for prostitution. Section 20 of the Prostitution Reform Act states that no one may assist persons under 18 years in providing commercial sexual services or cause, assist, facilitate, or encourage persons under 18 years of age to provide commercial sexual services to any person. It is also an offence to receive earnings from commercial sexual services provided by persons under 18 years (section 21 of Prostitution Reform Act). The Committee also observes that it is prohibited to: (i) enter into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person (section 22(1) of the Prostitution Reform Act); or (ii) to receive commercial sexual services from a person under 18 years of age (section 22(2) of the Prostitution Reform Act).

The Committee notes that, by virtue of section 144(C) of the Crimes Act, it is an offence to: (a) make or organize any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence against section 144(A) of this Act (i.e. sexual intercourse or indecency with persons under 16), whether or not such an offence is actually committed by that other person; (b) transport any other person to a place outside New Zealand with the intention of facilitating the commission by that other person of an offence against section 144(A) of this Act; or (c) print or publish any information that is intended to promote conduct that would constitute an offence against section 144(A) of this Act, or to assist any other person to engage in such conduct. The making or organizing of travel arrangements includes the purchase or reservation of tickets for travel to a country outside new Zealand, as well as the purchase or reservation of accommodation in a country outside New Zealand. The Committee notes the Government’s indication that there have been no convictions under section 144(C) of the Crimes Act.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 123(1) of the Films, Videos and Publications Classification Act of 1993 (hereinafter referred to as the Films Act), it is prohibited to make, supply, distribute, display, advertise or deliver an objectionable publication. The term "publication" includes any film, book, picture, photograph, or newspaper (section 2 of the Films Act). According to section 3(1) of the Films Act of 1993, a publication is objectionable if it describes, depicts, expresses, or otherwise deals with matters such as sex, horror, crime, cruelty, or violence in such a manner that the availability of the publication is likely to be injurious to the public good. Subsection (2)(a) of section 3 of the Films Act further states that a publication shall be deemed to be objectionable for the purposes of this Act if the publication promotes or supports, or tends to promote or support the exploitation of children, or young persons, or both, for sexual purposes. Section 3(3) of the Films Act states that in determining whether or not a publication is objectionable, particular weight shall be given to the extent and degree to which, and the manner in which, the publication describes, depicts or otherwise deals with sexual conduct with or by children, or young persons; exploits the nudity of children or/and young persons. The Committee notes the absence of definition of the terms "children" and "young persons" under the Films Act. However, it notes that, according to New Zealand’s National Plan of Action Against the Commercial Sexual Exploitation of Children (pages 9-10), the Film and Literature Board of Review and the Office of Film and Literature Classification have interpreted the term "young person" as persons under 18 years of age. The Committee accordingly requests the Government to provide a copy of the decision made by the Film and Literature Board of Review and the Office of Film and Literature Classification, and to indicate whether such a decision has binding effect.

The Committee further notes that there is no offence specifically directed at the procuring or offering of a child under 18 for the purposes of pornography in the Films Act. It nevertheless observes that section 66(1) of the Crimes Act states that anyone who abets, incites, counsels or procures any person to commit an offence is a party to and guilty of an offence. The Committee further notes the Government’s indication that 147 convictions under the Films Act have been secured relating to objectionable material (predominantly for child pornography) since 1996. The Committee requests the Government to indicate whether the convictions under the Films Act dealt specifically with the use, procuring or offering of children under 18 for the production of pornography or pornographic performances and the penalties imposed.

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, by virtue of section 6 of the Misuse of Drugs Act of 1975, no person shall produce, manufacture, supply, administer, or sell controlled drugs. According to section 7 of the aforementioned Act, it is also prohibited to procure, possess or use any controlled drug. The Committee observes nevertheless that the Misuse of Drugs Act of 1975 does not prohibit the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes the Government’s indication that, according to section 66(1) of the Crimes Act anyone who: (i) does or omits an act for the purpose of aiding a person to commit an offence; (ii) abets any person in the commission of an offence; or (iii) incites, counsels or procures any person to commit an offence, is a party to and guilty of an offence. Noting that the production or trafficking of drugs does not constitute an offence under the Crimes Act, the Committee requests the Government to indicate whether section 66 of the Crimes Act applies to all types of offences or only to offences laid down in the Crimes Act.

Clause (d). Hazardous work. The Committee notes the Government’s indication that the Health and Safety in Employment Act of 1992 promotes the prevention of harm to all persons at work regardless of age. Under section 6 of the Health and Safety in Employment Act of 1992, employers have a duty to "take all practicable steps to ensure the safety of employees while at work". The Government further states that employees may refuse to perform work likely to cause serious harm (section 28(A) of the Health and Safety in Employment of 1992). "Harm" is defined in section 2 of the Act to mean "illness, injury, or both, and includes physical or mental harm caused by work related stress". The Committee also notes that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995, "every employer shall take all practicable steps to ensure that no employee under the age of 15 works in any area at a place of work under the control of that employer […] at any time when any work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years". The Committee consequently notes that it is not prohibited for children under 18 years of age to undertake hazardous work. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 years of age shall not undertake 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 requests the Government to take the necessary measures to ensure that no persons under 18 years of age undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Self-employed children. The Committee notes that the Health and Safety in Employment Regulations, which provides provision for the employment of children in hazardous occupations, only applies to "place of work under the control of that employer" (section 54). The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Health and Safety in Employment Act. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee takes note of the comments made by the ICFTU, in its communication dated 6 May 2003, concerning the minimum age of 15 or 16 years for admission to employment in certain dangerous occupations such as forestry and mining. It observes that the Health and Safety in Employment Regulations 1995 stipulate that certain hazardous tasks, such as construction work and lifting weights likely to be injurious to health, shall not be performed by children under 15 years of age. It further observes that, by virtue of section 161 of the Sale of Liquor Act of 1989, it is prohibited to employ a person under 18 years of age in any capacity in any restricted area on the licensed premises while that area is open for the sale of liquor. However, the Committee notes that national legislation or regulations do not provide for a list of the types of hazardous work that shall not be performed by children under 18 years of age.

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). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides 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, underwater, 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 unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their 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 hopes that the list of the types of hazardous work that shall not be performed by children under 18 years of age, will be adopted shortly, in consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of any developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that convictions and prosecutions assist n identifying types of work which are likely to harm the health, safety or morals of children under 18. The Committee notes however that the review of convictions and prosecutions as a means to identify hazardous work does not include collaboration with the organizations of employers and the organizations of workers, as required under Article 4, paragraph 2, of the Convention. The Committee accordingly asks the Government to provide information on the methods used to identify, in collaboration with the organizations of employers and workers concerned, where the types of hazardous work exist.

Article 5. Monitoring mechanisms. 1. Department of Labour’s Occupational Safety and Health Service. The Committee notes the Government’s indication that the health and safety inspectors are responsible for ensuring compliance with the Health and Safety in Employment Act of 1992 and the Health and Safety in Employment Regulations of 1995, including the provision regulating the employment of children. The Government states that from January 2002 to June 2002, health and safety inspectors conducted 10,000 compliance assessment visits and 11,000 visits in response to notifications received. health and safety inspectors also provide information to promote heath and safety at work. According to the Government’s report and the communication of the Business New Zealand of August 2003, there have been no prosecutions under the Health and Safety in Employment Act and Regulations for employing young people in work that is likely to harm their health and safety. The Committee also notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/93/Add.4, 12 March 2003, paragraph 943), the Occupational Safety and Health Service has consulted various government agencies and industry training organizations to identify accidents and injuries young workers are suffering from. The Committee accordingly asks the Government to provide a copy of the statistics on accidents and injuries affecting young workers. It also requests the Government to provide information on the results of the inspections with regard to the number of children involved in hazardous work and the types of work performed.

2. Child prostitution inspection. The Committee notes that, by virtue of section 26 of the Prostitution Reform Act of 2003, an inspector may, at any reasonable time, enter premises for the purpose of carrying out an inspection if he/she has reasonable grounds to believe that a business of prostitution is being carried on in the premises. For the purposes of inspections, the inspector may take photographs and question the owner of the brothel, sex workers or clients. According to section 30(1) of the Prostitution Reform Act, a District Court judge, justice, community magistrate, or registrar of the District Court may issue a warrant for the police to enter a place if he/she is satisfied that there is good cause to suspect that an offence under section 23 of the Prostitution Reform Act (using persons under 18 years in prostitution) is likely to be committed, and that there are reasonable grounds to believe that it is necessary for a member of the police to enter the place to prevent the commission or repetition of that offence or to investigate that offence. The warrant authorizes the person executing it to enter (including with the use of force) and search the place stated in the warrant, at any time of the day or night, search for and seize any property that will be evidence of the commission of an offence in respect of which the warrant is issued (section 32 of the Prostitution Reform Act). The Committee asks the Government to provide information on the number of investigations conducted with regard to child prostitution and the findings.

3. The Prostitution Law Review Committee. The Committee observes that section 42(1)(b) of the Prostitution Reform Act provides that the Prostitution Law Review Committee is responsible for assessing the impact of the Act on the number of persons working as sex workers in the country, and on any prescribed matters relating to sex workers or prostitution. It shall also assess the nature and adequacy of the means available to assist persons to avoid or cease working as sex workers. Such assessment shall be made no sooner than the expiry of three years but before the expiry of five years, after the commencement of the Prostitution Reform Act of 2003. The Committee requests the Government to provide information on the impact of this Act on the elimination of the sexual exploitation of children under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action Against the Commercial Sexual Exploitation of Children. The Committee notes the Government’s indication that governmental agencies, key-non-governmental organizations and community groups, including the Ministry of Justice, the Department of Child, Youth and Family Services, the New Zealand police, the Department of Internal Affairs, End Child Prostitution, Pornography and Trafficking (ECPAT), the New Zealand Prostitutes’ Collective and the Human Rights Commission, worked together to develop a National Plan of Action Against the Commercial Sexual Exploitation of Children. The Plan, which was approved in 2001, focuses on the four main activities that exploit children for their commercial value: child prostitution; child pornography; child sex tourism; and child trafficking for sexual purposes. The Committee observes that several activities are being undertaken to implement the National Plan of Action Against the Commercial Sexual Exploitation of Children such as: (i) action to research the incidence and extent of child prostitution in New Zealand; (ii) producing regular updates on the situation of the commercial sexual exploitation of children; (iii) awareness raising; or (v) training for people working with sexually abused children. The Committee asks the Government to continue to provide information on the concrete measures taken under the National Plan of Action Against the Commercial Sexual Exploitation of Children and the results achieved.

2. Child Labour Officials Advisory Committee (CLOAC). The Committee notes the Government’s indication that CLOAC was established in 2001 to raise public awareness and understanding of ILO Convention No. 182 and to encourage initiatives to identify and eliminate the worst forms of child labour. The CLOAC is involved in the following activities: (i) creation of a web site concerning Convention No. 182; (ii) distribution of 100 copies of "Eliminating the worst forms of child labour"; (iii) publicizing the Convention in the Ministry of Foreign Affairs’ Human Rights Division newsletter; (iv) incorporation of information on the protections offered by the Convention in the programme of the police entitled "Keeping ourselves safe" which is run through schools in New Zealand; (v) contacting non-governmental agencies and inviting them to provide data on people aged under 18 years and involved in one of the worst forms of child labour, as well as information on their experience of programmes of action, and rehabilitation undertaken to assist young people who have experience of worst forms of child labour; and (vi) developing information sharing and consultation mechanisms with social partners, other interested agencies (e.g. Human Rights Commission, Office of the Commissioner for children and other non-governmental agencies) through six monthly meetings. The Committee asks the Government to continue to provide information on the activities of CLOAC and their impact on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that section 98(1) of the Crimes Act states that a person who, within or outside New Zealand, sells, purchases, transfers, barters, lets, hires, employs, uses or detains a person as a slave is liable to 14 years’ imprisonment. It also notes that, according to sections 20 and 23(1) of the Prostitution Reform Act, a person who assists persons under 18 years in providing commercial sexual services or causes, assists, facilitates, or encourages a person under 18 years of age to provide commercial sexual services to any person is liable to imprisonment for up to seven years. The same penalties will apply to a person who receives earnings from commercial sexual services provided by persons under 18 years (sections 21 and 23(1) of the Prostitution Reform Act). A person who: (i) enters into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person; (ii) or receives commercial sexual services from a person under 18 years of age is liable to seven years’ imprisonment (sections 22(1) and (2), and 23(1) of the Prostitution Reform Act). The Committee observes that a person who organizes or promotes child sex tourism is liable to seven years’ imprisonment (section 144(C) of the Crimes Act).

The Committee also observes that, according to section 123 of the Films Act, a person who makes, supplies or delivers objectionable publication (including child pornography) is liable to a maximum fine of $5,000. The Committee notes the Government’s indication that the Minister of Justice announced, in 2003, his intention to introduce a new bill to substantially increase the penalties for producing, trading and possessing objectionable material (including child pornography). The Committee asks the Government to indicate whether a new bill was enacted to ensure that the penalties imposed for making, supplying or delivering objectionable publications, including child pornography, are dissuasive.

The Committee further observes that an employer who does not take all practicable steps to ensure that an employee under the age of 15 does not carry out work that is likely to cause harm to his/her health and safety is liable to a maximum fine of $250,000 (sections 54(d) and 70 of the Health and Safety in Employment Regulations of 1995, read in conjunction with section 50 of the Health and Safety in Employment Act, 1992). The Committee requests the Government to provide information on the penalties imposed in practice.

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 notes the Government’s indication that the "Keeping ourselves safe" programme is in place in primary and secondary schools to help students understand the legislation relating to abuse and harassment. It aims at providing children with the necessary skills to cope with different situations which might involve abuse. The Government further indicates that the programme incorporates information on the protections offered by Convention No. 182.

The Committee observes that, by virtue of section 3 of the Education Act of 1989 (as amended in 2004), education is free for nationals aged 5 to 19 years. Non-nationals shall obtain the Education Board’s consent and pay tuition fees to the Board. Section 20 of the Education Act states that education is compulsory for New Zealand citizens and residents aged 6 to 16 years. The Committee also observes that section 30 of the Education Act prohibits the employment of children under 16 years of age during school hours or if the employment interferes with the person’s attendance at school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes the Government’s indication that sections 39 to 45 of the Children, Young Persons and Their Families Act, 1989, provides that if a child or young person’s employment activity is detrimental to their well-being, the police (after obtaining a warrant from a judge) are able to remove them and the Family Court may place them in the custody of the Director-General of Child Youth and Family. The Committee notes that according to the Children, Young Persons and Their Families Act of 1989 provided by the Government, this law addresses the "the well-being of families and the well-being of children and young persons as members of families". The Committee notes after a thorough examination of the law, that the reference to children or young persons who are "suffering, or likely to suffer, ill-treated, suffering serious neglect, abused, seriously deprived, or seriously harmed" (for instance under section 40 of the Act) do not appear to cover the professional sphere. The Committee consequently asks the Government to provide concrete examples of children under 18 years removed from the worst forms of child labour.

The Committee observes that a Child and Young Person’s Prostitution Programme, funded by the Department of Internal Affairs, was launched by the New Zealand Prostitutes Collective Charitable Trust and the Youth Health Trust. The Programme provides timely and appropriate responses to the mental, physical, social and spiritual needs of targeted children and young persons. The Committee requests the Government to provide information on the number of child prostitutes withdrawn and rehabilitated pursuant to the Child and Young Person’s Prostitution Programme.

Clause (d). Identifying and reaching out to children at special risk. Māori children. The Committee notes that, according to New Zealand’s National Plan of Action Against the Commercial Sexual Exploitation of Children, Māori children are over-represented among child prostitutes since the risk factors that give rise to children becoming involved in prostitution are more common among Māori families. The Committee notes that programmes provided by Māori on the basis of Māori values are those likely to be most effective. An example of this is the programme provided by Te Aronga Hou Trust; it includes services to the young prostitutes working in the streets of Counties-Manukau, a mobile service that provides information, advice and support to child prostitutes, as well as a knowledge of training services which provides for personal development and vocational rehabilitation. The programme received funding to continue its work from 2001 to 2004. The Committee requests the Government to continue to provide information on the concrete measures taken under the Te Aronga Hou Trust Programme and the results achieved in preventing and eliminating child prostitution among Māori children under 18 years of age.

Clause (e). The special situation of girls. The Committee notes the Government’s indication that national programmes related to the worst forms of child labour are aimed at all children, including girls. However, the Committee draws the Government’s attention on the fact that, under Article 7, paragraph 2(e), of the Convention, the Government shall take time-bound measures to take account of the special situation of girls. The Committee accordingly requests the Government to provide information on the measures taken to address specifically the situation of girls in sectors of the economy or activities where they are more likely to be exploited than boys.

Article 8. 1. International cooperation. The Committee notes that New Zealand is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1993, the Optional Protocol on the Involvement of Children in Armed Conflict in 2002, and signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2000. The Committee also notes that the Government supports Save the Children Fund, that aims at reducing the incidence and exploitative forms of child work through increased participation of civil society worldwide. The Government also supports various International Organizations that promote and protect child rights.

2. Regional cooperation. The Committee notes the Government’s indication that New Zealand’s International Aid and Development Agency (NZAID), which is a semi autonomous agency within the Ministry of Foreign Affairs and Trade, was established in July 2002. The core geographical focus of NZAID is primarily the Pacific and secondly Asia (the current second major geographical focus), where child labour issues are prominent. The Committee notes for instance that NZAID funded an IPEC workshop for selected Pacific states held in Fiji in November 2002 on ratification and reporting on Convention 182. With regard to Asia, NZAID provides support: (i) in Asia, to the Christian World Service, which provides support to female children and adolescents who are at serious risk in the streets and slums and to lobby for children’s rights, including child labour rights; (ii) in Indonesia, to the Christian World Service, that organizes communities in 35 regions for effective social action, protection of human rights and child rights in sustainable agriculture and food security; (iii) in Sri Lanka, to the Christian World Service programme that focuses on improving the social economic, physical and legal position of women and child workers in four free trade zones; and (iv) in Samoa, ECPAT’s programme aiming at raising awareness about the commercial sexual exploitation of children in the country and to protect them from exploitation.

3. Child trafficking. The Committee notes that, according to New Zealand’s National Plan of Action Against the Sexual Exploitation of Children (Ministry of Justice, 2001, page 17), while trafficking to New Zealand may be a relatively small problem, organizations such as the Human Rights Commission and the police acknowledge that it has the potential to become a growing problem. The National Plan of Action indicates that girls are trafficked from Thailand to New Zealand for the purpose of prostitution. The New Zealand police estimate that there are over 500 Thai women in the sex industry in Auckland, but do not know the ratio of prostitutes under 18 years of age. The Committee also notes that the police make use of the Interpol network and have an established network of contacts with other governmental agencies (Project Sapphire) and law enforcement agencies overseas to combat child trafficking. They also have a liaison officer located in Thailand to facilitate the flow of information regarding New Zealand offenders operating there.

4. Child sex tourism. The Committee observes that the Government is engaged in combating child sex tourism. The country participates in a number of international and regional tourism organizations, including Pacific Asia Travel Association, International Air Transport Association, and World Tourism Organization. These organizations have made public statements on the need for the industry to accept some corporate responsibility for child sex tourism, but so far there has been no public action by national tourism organizations. The Committee nevertheless notes that, according to New Zealand’s National Plan of Action Against the Sexual Exploitation of Children, " New Zealand needs to continue building cooperative relationships with other countries, such as Thailand, the Philippines and Fiji, where there have been reports of New Zealanders engaging in child sex tourism". The Committee requests the Government to continue to provide information on the measures of cooperation taken to combat child sex tourism.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV and V. The Committee notes the Government’s indication that the main practical difficulty in the application of the Convention in New Zealand is the clandestine nature of child labour. It also notes the Government’s indication that ECPAT is currently undertaking research on the extent of the commercial sexual exploitation of children in New Zealand. The Government indicates that initial findings have found that child sex work is occurring in country districts, provincial towns and cities. The Committee asks the Government to provide a copy of the findings concerning the extent of the sexual exploitation of children in New Zealand as soon as it is available. It also asks the Government to provide further information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these 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 penal sanctions applied.