Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 138) sur l'âge minimum, 1973 - Papouasie-Nouvelle-Guinée (Ratification: 2000)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National Policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted the observations of the International Trade Union Confederation indicating the existence of child labour in agriculture, street vending, tourism and entertainment. The Committee also noted that according to the rapid assessment conducted by the ILO in Port Moresby, children as young as 5 and 6 years of age were working on the streets under hazardous conditions. In this regard, the Committee urged the Government to strengthen its efforts to improve the situation of working children and to ensure the effective elimination of child labour.

The Committee notes from the Government’s report the adoption of the National Action Plan to Eliminate Child Labour in Papua New Guinea 2017–2020 (NAP), which is based on four strategic objectives: (i) mainstreaming child labour and worst forms of child labour in social and economic policies, legislation and programmes; (ii) improving the knowledge base; (iii) implementing effective prevention, protection, rehabilitation and reintegration measures; and (iv) strengthening the technical, institutional and human resource capacity of stakeholders. The NAP envisages the establishment of a National Coordinating Committee on Child Labour and a Child Labour Unit within the Department of Labour and Industrial Relations to provide institutional oversight and the coordination and management of child labour. The Committee notes the Government’s indication that it is currently working towards the establishment of a National Steering Committee under a government funded child labour project. This project is focused on delivery of the key target outcomes of the NAP. The Committee requests the Government to indicate how, following the adoption of the NAP, child labour has been mainstreamed in national social and economic policies and programmes with a view to achieving its progressive elimination. The Committee also requests the Government to provide information on the progress made in relation to the establishment of a Child Labour Unit within the Department of Labour and Industrial Relations, as well as the National Coordination Committee as envisaged by the NAP.

Article 2(1). Minimum age for admission to employment. In its previous comments, the Committee noted that, even though the Government had declared a minimum age for admission to employment of 16 years upon ratification of the Convention, section 103(4) of the 1978 Employment Act permits the employment of children above 14 years of age during school hours when the employer is satisfied that the person no longer attends school. The Committee also noted that section 6 of the 1972 Minimum Age (Sea) Act permits children above 15 of age to be employed at sea. In addition, according to section 7 of that Act, the Director of Education can grant an approval for the employment of a child above 14 years of age for service at sea when it is considered that such work will be for the immediate and future benefit of the child. The Committee noted the Government’s indication that it was undertaking a review of the Employment Act and the Minimum Age (Sea) Act to address issues related to the minimum age. In this respect, the Committee notes the Government’s indication that it aims to complete the reform by finally adopting the Employment Act. Noting that the Government has been referring to the review of the Employment Act and the Minimum Age (Sea) Act for a number of years, the Committee strongly urges the Government to take the necessary measures without delay to ensure that section 103(4) of the 1978 Employment Act and sections 6 and 7 of the 1972 Minimum Age (Sea) Act are harmonized with the minimum age declared at the international level, which is 16 years of age.

Article 2(3). Age of compulsory education. In its previous comments, the Committee noted the absence of legislation making education compulsory. The Committee also noted the absence of a provision in the Education Act 1983 specifying the age of completion of compulsory education. The Committee notes with regret an absence of information from the Government concerning measures taken to provide for compulsory education. The Committee urges the Government to take the necessary measures to provide for compulsory education for boys and girls up to the minimum age for admission to employment of 16 years. The Committee requests the Government to provide information on the progress made in this regard.

Article 3(1) and (2). Minimum age for admission to, and determination of hazardous work. The Committee had previously noted that according to section 104(1) of the 1978 Employment Act, 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 his health. In this regard, the Committee recalled that according to Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee notes from the Government’s report under Convention No. 182 that issues relating to the minimum age for hazardous work, as well as the determination of types of hazardous work prohibited to children under the age of 18 years will be addressed during the review of the Employment Act and the consideration of the proposed Occupational Safety and Health (OSH) legislation. The Committee also notes that the NAP included among the relevant actions and outputs the development and dissemination of a list of hazardous work or occupations that is culturally sensitive and practical. The Committee urges the Government to ensure, within the framework of the review of the Employment Act and adoption of OSH legislation, that hazardous work is prohibited for children under the age of 18 years. The Committee also requests the Government to take the necessary measures, without delay, to ensure the adoption of a list of hazardous work prohibited for persons under 18 years of age, in consultation with the organisations of employers and workers concerned. The Committee requests the Government to provide information on any progress made in this respect.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee had previously requested the Government to take the necessary measures to ensure that the authorization of the performance of hazardous types of work for persons between the ages of 16 and 18 years is subject to the conditions established under Article 3(3) of the Convention, namely that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee noted the Government’s indication that the conditions of work for young people would be examined through the Employment Act review and that the legislation relating to occupational safety and health would be reviewed to ensure that hazardous work does not affect the health and safety of young workers. Noting the absence of information on this point, the Committee requests the Government to take the necessary measures to ensure that the employment of young persons between 16 and 18 years to perform hazardous types of work is subject to the conditions laid down in Article 3(3) of the Convention. The Committee requests the Government to provide information on the progress made in this regard.

Article 9(3). Registers of employment. In its previous comments, the Committee had noted the absence of a provision in the 1978 Employment Act requiring the employer to keep registers and documents of employed persons under the age of 18 years. It also noted that section 5 of the Minimum Age (Sea) Act requires the person in charge of a vessel to register the name, birth and terms and conditions of service of persons under 16 years of age that are employed on board. In this regard, the Committee had recalled that Article 9(3) of the Convention requires employers to keep registers containing the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. The Committee also noted the Government’s indication that this issue would be addressed within the review of the Employment Act. The Committee notes with regret an absence of information on this point. The Committee requests the Government to take the necessary measures to ensure that employers are obliged to keep registers of all persons below the age of 18 years who work for them, including of those working on ships, in conformity with Article 9(3) of the Convention.

While noting the Government’s indication that it is focusing on a labour law reform to ensure consistency and conformity of its national legislation with international labour standards, the Committee strongly encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. In this regard, the Committee invites the Government to consider technical assistance from the ILO to bring its legislation into conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.