Minimum Age Convention, 1973 (No. 138) - Papua New Guinea (RATIFICATION: 2000)

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7 of the Convention. Light work. In its previous comments, the Committee noted that under section 103(2) of the 1978 Employment Act, children are permitted to undertake light work from the age of 11 years. The Committee requested the Government to ensure that the minimum age for light work is set at 13 and that such work is subject to the conditions provided for under Article 7 of the Convention.

The Committee notes with interest that the Government refers to the draft Employment Relations Bill, which, under section 79(1), provides that a child aged 14 or 15 can only be employed in light work that is unlikely to be harmful to their health and development and that would not affect the child’s ability to attend and benefit from schooling or vocational training. Section 79(2) further indicates that the Minister shall prescribe by regulations the requirements for light work, including the permissible times and hours of work, the activities that may be carried out and the conditions under which these activities may be performed. The Committee expresses the firm hope that the draft Employment Relations Bill will be enacted without delay. The Committee requests the Government to provide a copy of this Bill once adopted as well as of any further regulation on light work of children above 13 years of age.

Article 8. Artistic performances. In its precious comments, the Committee requested the Government to provide information on any development with regard to the procedures and conditions for authorizing the engagement of children in artistic performances. The Committee notes the adoption of the Lukautim Pikini Act 2015, which under section 53 provides that a caregiver shall apply and obtain the prior written approval of the Director for Child and Family Services before presenting or otherwise exposing or exhibiting a child to the public. The Director may refuse to give its approval when the proposed exposure or exhibition is not in the best interest of the child. The Committee requests the Government to indicate if the permits granted by the Director for Child and Family Services authorizing participation of children under 16 years of age in artistic performances specify the number of hours and the conditions in which such work is allowed, as required by Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes with interest that section 54 of the Lukautim Pikini Act 2015 states that a person who causes or permits a child to be engaged in employment that is likely to be hazardous; or interferes with the child’s education or is harmful to the safety, health or physical, mental, spiritual or social development of the child is guilty of an offence and liable to a fine. The Committee requests the Government to provide information on the application in practice of section 54 of the Lukautim Pikini Act, including information on the nature and number of offences and the penalties imposed.

Labour inspection and application of the Convention in practice. The Committee notes that one of the outcomes of the Decent Work Country Programme (DWCP) 2018–22 concluded with the ILO is to achieve a more effective labour and occupation safety and health inspection services, including with respect to addressing child labour issues. The Committee also notes that, under the DWCP, the Government can benefit from the ILO technical assistance to develop child labour inspection procedures. The Committee requests the Government to provide information on the measures taken to strengthen the capacities and reach of the labour inspection services to deal with child labour issues, particularly in areas where child labour is more prevalent. The Committee also requests the Government to provide updated statistical information on the employment of children and young persons by age group.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 7 of the Convention. Light work. In its previous comments, the Committee noted that under section 103(2) of the 1978 Employment Act, children are permitted to undertake light work from the age of 11 years. The Committee requested the Government to ensure that the minimum age for light work is set at 13 and that such work is subject to the conditions provided for under Article 7 of the Convention.

The Committee notes with interest that the Government refers to the draft Employment Relations Bill, which, under section 79(1), provides that a child aged 14 or 15 can only be employed in light work that is unlikely to be harmful to their health and development and that would not affect the child’s ability to attend and benefit from schooling or vocational training. Section 79(2) further indicates that the Minister shall prescribe by regulations the requirements for light work, including the permissible times and hours of work, the activities that may be carried out and the conditions under which these activities may be performed. The Committee expresses the firm hope that the draft Employment Relations Bill will be enacted without delay. The Committee requests the Government to provide a copy of this Bill once adopted as well as of any further regulation on light work of children above 13 years of age.

Article 8. Artistic performances. In its precious comments, the Committee requested the Government to provide information on any development with regard to the procedures and conditions for authorizing the engagement of children in artistic performances. The Committee notes the adoption of the Lukautim Pikini Act 2015, which under section 53 provides that a caregiver shall apply and obtain the prior written approval of the Director for Child and Family Services before presenting or otherwise exposing or exhibiting a child to the public. The Director may refuse to give its approval when the proposed exposure or exhibition is not in the best interest of the child. The Committee requests the Government to indicate if the permits granted by the Director for Child and Family Services authorizing participation of children under 16 years of age in artistic performances specify the number of hours and the conditions in which such work is allowed, as required by Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes with interest that section 54 of the Lukautim Pikini Act 2015 states that a person who causes or permits a child to be engaged in employment that is likely to be hazardous; or interferes with the child’s education or is harmful to the safety, health or physical, mental, spiritual or social development of the child is guilty of an offence and liable to a fine. The Committee requests the Government to provide information on the application in practice of section 54 of the Lukautim Pikini Act, including information on the nature and number of offences and the penalties imposed.

Labour inspection and application of the Convention in practice. The Committee notes that one of the outcomes of the Decent Work Country Programme (DWCP) 2018-2022 concluded with the ILO is to achieve a more effective labour and occupation safety and health inspection services, including with respect to addressing child labour issues. The Committee also notes that, under the DWCP, the Government can benefit from the ILO technical assistance to develop child labour inspection procedures. The Committee requests the Government to provide information on the measures taken to strengthen the capacities and reach of the labour inspection services to deal with child labour issues, particularly in areas where child labour is more prevalent. The Committee also requests the Government to provide updated statistical information on the employment of children and young persons by age group.

CMNT_TITLE

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.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 7 of the Convention. Light work. The Committee had previously noted that pursuant to section 103(2) of the Employment Act, children between 11 and 16 years old are permitted to be employed on the basis of a medical certificate indicating the child’s fitness for that type of employment and a written consent from their parent or guardian, provided that such employment is not prejudicial to their attendance at school.

The Committee once again notes the Government’s statement that the review of the Employment Act will address the inconsistency of the section pertaining to the minimum age for light work with the Convention. The Committee once again expresses the hope that provisions of the Employment Act, once reviewed and amended, will ensure that the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7 of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council secretariat to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances.

The Committee notes the Government’s indication that the issue concerning exceptions for artistic performances by children shall be addressed in consultation with the Department of Community Development. The Committee once again requests the Government to provide information on the progress made in this regard.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. National plan of action and application of the Convention in practice. The Committee previously noted the comments made by the International Trade Union Confederation (ITUC) that child labour occurred in rural areas, usually in subsistence agriculture, and in urban areas in street vending, tourism and entertainment. It noted that Papua New Guinea was one of the 11 countries that participated in the 2008–12 ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project) which aimed at contributing to the fight against child labour. The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within the framework of the TACKLE project, a rapid assessment was carried out in Port Moresby targeting children working on the streets and those involved in commercial sexual exploitation. The Committee notes the Government’s statement that the findings of the rapid assessment conducted in Port Moresby were alarming and that it is believed that a similar child labour situation is occurring in other regions of the country. The rapid assessment findings indicate that children as young as 5 and 6 years of age are working on the streets and about 68 per cent of them worked under hazardous conditions. About 47 per cent of the street children between 12 and 14 years of age have never been to school and a further 34 per cent had dropped out of school. The Committee expresses its deep concern at the situation of children under 16 years of age who are compelled to work in Papua New Guinea. The Committee, therefore, urges the Government to strengthen its efforts to improve the situation of children working under the age of 16 years and to ensure the effective elimination of child labour. Noting that there is no concrete or reliable data reflecting the real situation of children in the rest of the country, the Committee urges the Government to undertake a national child labour survey to ensure that sufficient up-to-date data on the situation of working children in Papua New Guinea is available.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, although the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work, section 103(4) of the Employment Act permits a child of 14 or 15 years to be employed during school hours if the employer is satisfied that the child is no longer attending school. It also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 years and 14 years, respectively.

The Committee notes the Government’s information that the Australian Assistance for International Development through its Facilities and Advisory Services in close consultation with the ILO–IPEC and the Department of Labour and Industrial Relations has undertaken a review of the Employment Act and that the amendment process is ongoing. It also notes the Government’s indication that this process will also address the issue related to the minimum age stipulated under the Minimum Age (Sea) Act, 1972. 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 once again urges the Government to take the necessary measures to ensure that the proposed amendments are adopted in the near future. In this regard, it expresses the hope that the amended provisions will be in conformity with Article 2(1) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. It noted that the Education Department has developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school. However, the Committee observed that the NEP seemed intended to make only three years of basic education compulsory up to the age of 9. Moreover, the Committee noted that according to the ITUC, the gross primary enrolment rate was 55.2 per cent, and only 68 per cent of these children remain at school up to the age of 10, while only less than 20 per cent of the country’s children attend secondary school.

The Committee notes from the Government’s report under Convention No. 182 that the NEP is being supported by donor agencies to implement programmes focusing on formal education and non-formal education (NFE), including assistance from the Asian Development Bank and the European Union in order to extend the NFE to the needy and the disadvantaged. The Committee notes, however, that according to the findings of the rapid assessment conducted in Port Moresby during 2010–11, although educational reforms are in place, 92.2 per cent of those children who enrolled in grade 3 would drop out along the way. The Committee expresses its deep concern at the significant number of children under the minimum age of admission to work who are not attending school. In this regard, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before young persons are legally entitled to work, there may arise a vacuum which opens the door to the economic exploitation of children (see 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 371). Therefore, considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures, particularly within the framework of the NEP, 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. In its previous comments, the Committee noted that while certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years, there exist no provisions protecting children between the ages of 16–18 years from hazardous work. The Committee also noted the absence of any list of types of hazardous work prohibited to children under the age of 18 years.

The Committee notes from the Government’s report that the ongoing legislative review of the Employment Act will ensure the compliance of the provisions of the Convention related to hazardous work. The Committee expresses the firm hope that the amendments to the Employment Act, which will include a prohibition on hazardous work for children under the age of 18 years as well as a determination of types of hazardous work prohibited to such children, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee previously noted that the conditions of work for young people would be examined through the ongoing Employment Act review and that the legislation relating to occupational safety and health shall also be reviewed in a way to ensure that hazardous work does not affect the health and safety of young workers. The Committee once again expresses the strong hope that the review of the Employment Act and of the legislation pertaining to occupational safety and health will be completed as soon as possible. It also hopes that the amendments made to the legislation will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth, and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain 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 once again notes the Government’s information that this issue will be addressed within the review of the Employment Act. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that employers are obliged to keep register of all persons below the age of 18 years who work for them and to provide information with regard to the progress made in ensuring that the Employment Act and the Minimum Age (Sea) Act are in conformity with Article 9(3) of the Convention.

The Committee urges the Government to strengthen its efforts to ensure that, during its review of the Employment Act and the Minimum Age (Sea) Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee requests the Government to provide information on any progress made in the review of these Acts in its next report and invites the Government to consider seeking technical assistance from the ILO.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 7 of the Convention. Light work. The Committee had previously noted that pursuant to section 103(2) of the Employment Act, children between 11 and 16 years old are permitted to be employed on the basis of a medical certificate indicating the child’s fitness for that type of employment and a written consent from their parent or guardian, provided that such employment is not prejudicial to their attendance at school.

The Committee once again notes the Government’s statement that the review of the Employment Act will address the inconsistency of the section pertaining to the minimum age for light work with the Convention. The Committee once again expresses the hope that provisions of the Employment Act, once reviewed and amended, will ensure that the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7 of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council secretariat to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances.

The Committee notes the Government’s indication that the issue concerning exceptions for artistic performances by children shall be addressed in consultation with the Department of Community Development. The Committee once again requests the Government to provide information on the progress made in this regard.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. National plan of action and application of the Convention in practice. The Committee previously noted the comments made by the International Trade Union Confederation (ITUC) that child labour occurred in rural areas, usually in subsistence agriculture, and in urban areas in street vending, tourism and entertainment. It noted that Papua New Guinea was one of the 11 countries that participated in the 2008–12 ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project) which aimed at contributing to the fight against child labour.

The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within the framework of the TACKLE project, a rapid assessment was carried out in Port Moresby targeting children working on the streets and those involved in commercial sexual exploitation. The Committee notes the Government’s statement that the findings of the rapid assessment conducted in Port Moresby were alarming and that it is believed that a similar child labour situation is occurring in other regions of the country. The rapid assessment findings indicate that children as young as 5 and 6 years of age are working on the streets and about 68 per cent of them worked under hazardous conditions. About 47 per cent of the street children between 12 and 14 years of age have never been to school and a further 34 per cent had dropped out of school. The Committee expresses its deep concern at the situation of children under 16 years of age who are compelled to work in Papua New Guinea. The Committee, therefore, urges the Government to strengthen its efforts to improve the situation of children working under the age of 16 years and to ensure the effective elimination of child labour. Noting that there is no concrete or reliable data reflecting the real situation of children in the rest of the country, the Committee urges the Government to undertake a national child labour survey to ensure that sufficient up-to-date data on the situation of working children in Papua New Guinea is available.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, although the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work, section 103(4) of the Employment Act permits a child of 14 or 15 years to be employed during school hours if the employer is satisfied that the child is no longer attending school. It also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 years and 14 years, respectively.

The Committee notes the Government’s information that the Australian Assistance for International Development through its Facilities and Advisory Services in close consultation with the ILO–IPEC and the Department of Labour and Industrial Relations has undertaken a review of the Employment Act and that the amendment process is ongoing. It also notes the Government’s indication that this process will also address the issue related to the minimum age stipulated under the Minimum Age (Sea) Act, 1972. 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 once again urges the Government to take the necessary measures to ensure that the proposed amendments are adopted in the near future. In this regard, it expresses the hope that the amended provisions will be in conformity with Article 2(1) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. It noted that the Education Department has developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school. However, the Committee observed that the NEP seemed intended to make only three years of basic education compulsory up to the age of 9. Moreover, the Committee noted that according to the ITUC, the gross primary enrolment rate was 55.2 per cent, and only 68 per cent of these children remain at school up to the age of 10, while only less than 20 per cent of the country’s children attend secondary school.

The Committee notes from the Government’s report under Convention No. 182 that the NEP is being supported by donor agencies to implement programmes focusing on formal education and non-formal education (NFE), including assistance from the Asian Development Bank and the European Union in order to extend the NFE to the needy and the disadvantaged. The Committee notes, however, that according to the findings of the rapid assessment conducted in Port Moresby during 2010–11, although educational reforms are in place, 92.2 per cent of those children who enrolled in grade 3 would drop out along the way. The Committee expresses its deep concern at the significant number of children under the minimum age of admission to work who are not attending school. In this regard, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before young persons are legally entitled to work, there may arise a vacuum which opens the door to the economic exploitation of children (see 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 371). Therefore, considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures, particularly within the framework of the NEP, 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. In its previous comments, the Committee noted that while certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years, there exist no provisions protecting children between the ages of 16–18 years from hazardous work. The Committee also noted the absence of any list of types of hazardous work prohibited to children under the age of 18 years.

The Committee notes from the Government’s report that the ongoing legislative review of the Employment Act will ensure the compliance of the provisions of the Convention related to hazardous work. The Committee expresses the firm hope that the amendments to the Employment Act, which will include a prohibition on hazardous work for children under the age of 18 years as well as a determination of types of hazardous work prohibited to such children, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee previously noted that the conditions of work for young people would be examined through the ongoing Employment Act review and that the legislation relating to occupational safety and health shall also be reviewed in a way to ensure that hazardous work does not affect the health and safety of young workers. The Committee once again expresses the strong hope that the review of the Employment Act and of the legislation pertaining to occupational safety and health will be completed as soon as possible. It also hopes that the amendments made to the legislation will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth, and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain 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 once again notes the Government’s information that this issue will be addressed within the review of the Employment Act. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that employers are obliged to keep register of all persons below the age of 18 years who work for them and to provide information with regard to the progress made in ensuring that the Employment Act and the Minimum Age (Sea) Act are in conformity with Article 9(3) of the Convention.

The Committee urges the Government to strengthen its efforts to ensure that, during its review of the Employment Act and the Minimum Age (Sea) Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee requests the Government to provide information on any progress made in the review of these Acts in its next report and invites the Government to consider seeking technical assistance from the ILO.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 7 of the Convention. Light work. The Committee had previously noted that pursuant to section 103(2) of the Employment Act, children between 11 and 16 years old are permitted to be employed on the basis of a medical certificate indicating the child’s fitness for that type of employment and a written consent from their parent or guardian, provided that such employment is not prejudicial to their attendance at school.

The Committee once again notes the Government’s statement that the review of the Employment Act will address the inconsistency of the section pertaining to the minimum age for light work with the Convention. The Committee once again expresses the hope that provisions of the Employment Act, once reviewed and amended, will ensure that the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7 of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council secretariat to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances.

The Committee notes the Government’s indication that the issue concerning exceptions for artistic performances by children shall be addressed in consultation with the Department of Community Development. The Committee once again requests the Government to provide information on the progress made in this regard.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Article 1 of the Convention. National plan of action and application of the Convention in practice. The Committee previously noted the comments made by the International Trade Union Confederation (ITUC) that child labour occurred in rural areas, usually in subsistence agriculture, and in urban areas in street vending, tourism and entertainment. It noted that Papua New Guinea was one of the 11 countries that participated in the 2008–12 ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project) which aimed at contributing to the fight against child labour.

The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within the framework of the TACKLE project, a rapid assessment was carried out in Port Moresby targeting children working on the streets and those involved in commercial sexual exploitation. The Committee notes the Government’s statement that the findings of the rapid assessment conducted in Port Moresby were alarming and that it is believed that a similar child labour situation is occurring in other regions of the country. The rapid assessment findings indicate that children as young as 5 and 6 years of age are working on the streets and about 68 per cent of them worked under hazardous conditions. About 47 per cent of the street children between 12 and 14 years of age have never been to school and a further 34 per cent had dropped out of school. The Committee expresses its deep concern at the situation of children under 16 years of age who are compelled to work in Papua New Guinea. The Committee, therefore, urges the Government to strengthen its efforts to improve the situation of children working under the age of 16 years and to ensure the effective elimination of child labour. Noting that there is no concrete or reliable data reflecting the real situation of children in the rest of the country, the Committee urges the Government to undertake a national child labour survey to ensure that sufficient up-to-date data on the situation of working children in Papua New Guinea is available.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, although the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work, section 103(4) of the Employment Act permits a child of 14 or 15 years to be employed during school hours if the employer is satisfied that the child is no longer attending school. It also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 years and 14 years, respectively.

The Committee notes the Government’s information that the Australian Assistance for International Development through its Facilities and Advisory Services in close consultation with the ILO–IPEC and the Department of Labour and Industrial Relations has undertaken a review of the Employment Act and that the amendment process is ongoing. It also notes the Government’s indication that this process will also address the issue related to the minimum age stipulated under the Minimum Age (Sea) Act, 1972. 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 once again urges the Government to take the necessary measures to ensure that the proposed amendments are adopted in the near future. In this regard, it expresses the hope that the amended provisions will be in conformity with Article 2(1) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. It noted that the Education Department has developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school. However, the Committee observed that the NEP seemed intended to make only three years of basic education compulsory up to the age of 9. Moreover, the Committee noted that according to the ITUC, the gross primary enrolment rate was 55.2 per cent, and only 68 per cent of these children remain at school up to the age of 10, while only less than 20 per cent of the country’s children attend secondary school.

The Committee notes from the Government’s report under Convention No. 182 that the NEP is being supported by donor agencies to implement programmes focusing on formal education and non-formal education (NFE), including assistance from the Asian Development Bank and the European Union in order to extend the NFE to the needy and the disadvantaged. The Committee notes, however, that according to the findings of the rapid assessment conducted in Port Moresby during 2010–11, although educational reforms are in place, 92.2 per cent of those children who enrolled in grade 3 would drop out along the way. The Committee expresses its deep concern at the significant number of children under the minimum age of admission to work who are not attending school. In this regard, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before young persons are legally entitled to work, there may arise a vacuum which opens the door to the economic exploitation of children (see 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 371). Therefore, considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures, particularly within the framework of the NEP, 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. In its previous comments, the Committee noted that while certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years, there exist no provisions protecting children between the ages of 16–18 years from hazardous work. The Committee also noted the absence of any list of types of hazardous work prohibited to children under the age of 18 years.

The Committee notes from the Government’s report that the ongoing legislative review of the Employment Act will ensure the compliance of the provisions of the Convention related to hazardous work. The Committee expresses the firm hope that the amendments to the Employment Act, which will include a prohibition on hazardous work for children under the age of 18 years as well as a determination of types of hazardous work prohibited to such children, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee previously noted that the conditions of work for young people would be examined through the ongoing Employment Act review and that the legislation relating to occupational safety and health shall also be reviewed in a way to ensure that hazardous work does not affect the health and safety of young workers. The Committee once again expresses the strong hope that the review of the Employment Act and of the legislation pertaining to occupational safety and health will be completed as soon as possible. It also hopes that the amendments made to the legislation will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth, and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain 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 once again notes the Government’s information that this issue will be addressed within the review of the Employment Act. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that employers are obliged to keep register of all persons below the age of 18 years who work for them and to provide information with regard to the progress made in ensuring that the Employment Act and the Minimum Age (Sea) Act are in conformity with Article 9(3) of the Convention.

The Committee urges the Government to strengthen its efforts to ensure that, during its review of the Employment Act and the Minimum Age (Sea) Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee requests the Government to provide information on any progress made in the review of these Acts in its next report and invites the Government to consider seeking technical assistance from the ILO.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 7 of the Convention. Light work. The Committee had previously noted that pursuant to section 103(2) of the Employment Act, children between 11 and 16 years old are permitted to be employed on the basis of a medical certificate indicating the child’s fitness for that type of employment and a written consent from their parent or guardian, provided that such employment is not prejudicial to their attendance at school.

The Committee once again notes the Government’s statement that the review of the Employment Act will address the inconsistency of the section pertaining to the minimum age for light work with the Convention. The Committee once again expresses the hope that provisions of the Employment Act, once reviewed and amended, will ensure that the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7 of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council secretariat to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances.

The Committee notes the Government’s indication that the issue concerning exceptions for artistic performances by children shall be addressed in consultation with the Department of Community Development. The Committee once again requests the Government to provide information on the progress made in this regard.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Article 1 of the Convention. National plan of action and application of the Convention in practice. The Committee previously noted the comments made by the International Trade Union Confederation (ITUC) that child labour occurred in rural areas, usually in subsistence agriculture, and in urban areas in street vending, tourism and entertainment. It noted that Papua New Guinea was one of the 11 countries that participated in the 2008–12 ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project) which aimed at contributing to the fight against child labour.

The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within the framework of the TACKLE project, a rapid assessment was carried out in Port Moresby targeting children working on the streets and those involved in commercial sexual exploitation. The Committee notes the Government’s statement that the findings of the rapid assessment conducted in Port Moresby were alarming and that it is believed that a similar child labour situation is occurring in other regions of the country. The rapid assessment findings indicate that children as young as 5 and 6 years of age are working on the streets and about 68 per cent of them worked under hazardous conditions. About 47 per cent of the street children between 12 and 14 years of age have never been to school and a further 34 per cent had dropped out of school. The Committee expresses its deep concern at the situation of children under 16 years of age who are compelled to work in Papua New Guinea. The Committee, therefore, urges the Government to strengthen its efforts to improve the situation of children working under the age of 16 years and to ensure the effective elimination of child labour. Noting that there is no concrete or reliable data reflecting the real situation of children in the rest of the country, the Committee urges the Government to undertake a national child labour survey to ensure that sufficient up-to-date data on the situation of working children in Papua New Guinea is available.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, although the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work, section 103(4) of the Employment Act permits a child of 14 or 15 years to be employed during school hours if the employer is satisfied that the child is no longer attending school. It also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 years and 14 years, respectively.

The Committee notes the Government’s information that the Australian Assistance for International Development through its Facilities and Advisory Services in close consultation with the ILO–IPEC and the Department of Labour and Industrial Relations has undertaken a review of the Employment Act and that the amendment process is ongoing. It also notes the Government’s indication that this process will also address the issue related to the minimum age stipulated under the Minimum Age (Sea) Act, 1972. 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 once again urges the Government to take the necessary measures to ensure that the proposed amendments are adopted in the near future. In this regard, it expresses the hope that the amended provisions will be in conformity with Article 2(1) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. It noted that the Education Department has developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school. However, the Committee observed that the NEP seemed intended to make only three years of basic education compulsory up to the age of 9. Moreover, the Committee noted that according to the ITUC, the gross primary enrolment rate was 55.2 per cent, and only 68 per cent of these children remain at school up to the age of 10, while only less than 20 per cent of the country’s children attend secondary school.

The Committee notes from the Government’s report under Convention No. 182 that the NEP is being supported by donor agencies to implement programmes focusing on formal education and non-formal education (NFE), including assistance from the Asian Development Bank and the European Union in order to extend the NFE to the needy and the disadvantaged. The Committee notes, however, that according to the findings of the rapid assessment conducted in Port Moresby during 2010–11, although educational reforms are in place, 92.2 per cent of those children who enrolled in grade 3 would drop out along the way. The Committee expresses its deep concern at the significant number of children under the minimum age of admission to work who are not attending school. In this regard, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before young persons are legally entitled to work, there may arise a vacuum which opens the door to the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). Therefore, considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures, particularly within the framework of the NEP, 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. In its previous comments, the Committee noted that while certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years, there exist no provisions protecting children between the ages of 16–18 years from hazardous work. The Committee also noted the absence of any list of types of hazardous work prohibited to children under the age of 18 years.

The Committee notes from the Government’s report that the ongoing legislative review of the Employment Act will ensure the compliance of the provisions of the Convention related to hazardous work. The Committee expresses the firm hope that the amendments to the Employment Act, which will include a prohibition on hazardous work for children under the age of 18 years as well as a determination of types of hazardous work prohibited to such children, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee previously noted that the conditions of work for young people would be examined through the ongoing Employment Act review and that the legislation relating to occupational safety and health shall also be reviewed in a way to ensure that hazardous work does not affect the health and safety of young workers. The Committee once again expresses the strong hope that the review of the Employment Act and of the legislation pertaining to occupational safety and health will be completed as soon as possible. It also hopes that the amendments made to the legislation will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth, and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain 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 once again notes the Government’s information that this issue will be addressed within the review of the Employment Act. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that employers are obliged to keep register of all persons below the age of 18 years who work for them and to provide information with regard to the progress made in ensuring that the Employment Act and the Minimum Age (Sea) Act are in conformity with Article 9(3) of the Convention.

The Committee urges the Government to strengthen its efforts to ensure that, during its review of the Employment Act and the Minimum Age (Sea) Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee requests the Government to provide information on any progress made in the review of these Acts in its next report and invites the Government to consider seeking technical assistance from the ILO.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7 of the Convention. Light work. The Committee had previously noted that pursuant to section 103(2) of the Employment Act, children between 11 and 16 years old are permitted to be employed on the basis of a medical certificate indicating the child’s fitness for that type of employment and a written consent from their parent or guardian, provided that such employment is not prejudicial to their attendance at school.

The Committee once again notes the Government’s statement that the review of the Employment Act will address the inconsistency of the section pertaining to the minimum age for light work with the Convention. The Committee once again expresses the hope that provisions of the Employment Act, once reviewed and amended, will ensure that the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7 of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council secretariat to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances.

The Committee notes the Government’s indication that the issue concerning exceptions for artistic performances by children shall be addressed in consultation with the Department of Community Development. The Committee once again requests the Government to provide information on the progress made in this regard in its next report.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National plan of action and application of the Convention in practice. The Committee previously noted the comments made by the International Trade Union Confederation (ITUC) that child labour occurred in rural areas, usually in subsistence agriculture, and in urban areas in street vending, tourism and entertainment. It noted that Papua New Guinea was one of the 11 countries that participated in the 2008–12 ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project) which aimed at contributing to the fight against child labour.

The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within the framework of the TACKLE project, a rapid assessment was carried out in Port Moresby targeting children working on the streets and those involved in commercial sexual exploitation. The Committee notes the Government’s statement that the findings of the rapid assessment conducted in Port Moresby were alarming and that it is believed that a similar child labour situation is occurring in other regions of the country. The rapid assessment findings indicate that children as young as 5 and 6 years of age are working on the streets and about 68 per cent of them worked under hazardous conditions. About 47 per cent of the street children between 12 and 14 years of age have never been to school and a further 34 per cent had dropped out of school. The Committee expresses its deep concern at the situation of children under 16 years of age who are compelled to work in Papua New Guinea. The Committee, therefore, urges the Government to strengthen its efforts to improve the situation of children working under the age of 16 years and to ensure the effective elimination of child labour. Noting that there is no concrete or reliable data reflecting the real situation of children in the rest of the country, the Committee urges the Government to undertake a national child labour survey to ensure that sufficient up-to-date data on the situation of working children in Papua New Guinea is available.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, although the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work, section 103(4) of the Employment Act permits a child of 14 or 15 years to be employed during school hours if the employer is satisfied that the child is no longer attending school. It also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 years and 14 years, respectively.

The Committee notes the Government’s information that the Australian Assistance for International Development through its Facilities and Advisory Services in close consultation with the ILO–IPEC and the Department of Labour and Industrial Relations has undertaken a review of the Employment Act and that the amendment process is ongoing. It also notes the Government’s indication that this process will also address the issue related to the minimum age stipulated under the Minimum Age (Sea) Act, 1972. 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 once again urges the Government to take the necessary measures to ensure that the proposed amendments are adopted in the near future. In this regard, it expresses the hope that the amended provisions will be in conformity with Article 2(1) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. It noted that the Education Department has developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school. However, the Committee observed that the NEP seemed intended to make only three years of basic education compulsory up to the age of 9. Moreover, the Committee noted that according to the ITUC, the gross primary enrolment rate was 55.2 per cent, and only 68 per cent of these children remain at school up to the age of 10, while only less than 20 per cent of the country’s children attend secondary school.

The Committee notes from the Government’s report under Convention No. 182 that the NEP is being supported by donor agencies to implement programmes focusing on formal education and non-formal education (NFE), including assistance from the Asian Development Bank and the European Union in order to extend the NFE to the needy and the disadvantaged. The Committee notes, however, that according to the findings of the rapid assessment conducted in Port Moresby during 2010–11, although educational reforms are in place, 92.2 per cent of those children who enrolled in grade 3 would drop out along the way. The Committee expresses its deep concern at the significant number of children under the minimum age of admission to work who are not attending school. In this regard, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before young persons are legally entitled to work, there may arise a vacuum which opens the door to the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). Therefore, considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures, particularly within the framework of the NEP, 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. In its previous comments, the Committee noted that while certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years, there exist no provisions protecting children between the ages of 16–18 years from hazardous work. The Committee also noted the absence of any list of types of hazardous work prohibited to children under the age of 18 years.

The Committee notes from the Government’s report that the ongoing legislative review of the Employment Act will ensure the compliance of the provisions of the Convention related to hazardous work. The Committee expresses the firm hope that the amendments to the Employment Act, which will include a prohibition on hazardous work for children under the age of 18 years as well as a determination of types of hazardous work prohibited to such children, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee previously noted that the conditions of work for young people would be examined through the ongoing Employment Act review and that the legislation relating to occupational safety and health shall also be reviewed in a way to ensure that hazardous work does not affect the health and safety of young workers. The Committee once again expresses the strong hope that the review of the Employment Act and of the legislation pertaining to occupational safety and health will be completed as soon as possible. It also hopes that the amendments made to the legislation will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth, and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain 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 once again notes the Government’s information that this issue will be addressed within the review of the Employment Act. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that employers are obliged to keep register of all persons below the age of 18 years who work for them and to provide information with regard to the progress made in ensuring that the Employment Act and the Minimum Age (Sea) Act are in conformity with Article 9(3) of the Convention.

The Committee urges the Government to strengthen its efforts to ensure that, during its review of the Employment Act and the Minimum Age (Sea) Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee requests the Government to provide information on any progress made in the review of these Acts in its next report and invites the Government to consider seeking technical assistance from the ILO.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 7 of the Convention. Light work. The Committee had previously noted that pursuant to section 103(2) of the Employment Act, children between 11 and 16 years old are permitted to be employed on the basis of a medical certificate indicating the child’s fitness for that type of employment and a written consent from their parent or guardian, provided that such employment is not prejudicial to their attendance at school.

The Committee once again notes the Government’s statement that the review of the Employment Act will address the inconsistency of the section pertaining to the minimum age for light work with the Convention. The Committee once again expresses the hope that provisions of the Employment Act, once reviewed and amended, will ensure that the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7 of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council secretariat to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances.

The Committee notes the Government’s indication that the issue concerning exceptions for artistic performances by children shall be addressed in consultation with the Department of Community Development. The Committee once again requests the Government to provide information on the progress made in this regard in its next report.

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Article 1 of the Convention and Part V of the report form. National plan of action and application of the Convention in practice. The Committee previously noted the comments made by the International Trade Union Confederation (ITUC) that child labour occurred in rural areas, usually in subsistence agriculture, and in urban areas in street vending, tourism and entertainment. It noted that Papua New Guinea was one of the 11 countries that participated in the 2008–12 ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project) which aimed at contributing to the fight against child labour.

The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within the framework of the TACKLE project, a rapid assessment was carried out in Port Moresby targeting children working on the streets and those involved in commercial sexual exploitation. The Committee notes the Government’s statement that the findings of the rapid assessment conducted in Port Moresby were alarming and that it is believed that a similar child labour situation is occurring in other regions of the country. The rapid assessment findings indicate that children as young as 5 and 6 years of age are working on the streets and about 68 per cent of them worked under hazardous conditions. About 47 per cent of the street children between 12 and 14 years of age have never been to school and a further 34 per cent had dropped out of school. The Committee expresses its deep concern at the situation of children under 16 years of age who are compelled to work in Papua New Guinea. The Committee, therefore, urges the Government to strengthen its efforts to improve the situation of children working under the age of 16 years and to ensure the effective elimination of child labour. Noting that there is no concrete or reliable data reflecting the real situation of children in the rest of the country, the Committee urges the Government to undertake a national child labour survey to ensure that sufficient up-to-date data on the situation of working children in Papua New Guinea is available.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, although the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work, section 103(4) of the Employment Act permits a child of 14 or 15 years to be employed during school hours if the employer is satisfied that the child is no longer attending school. It also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 years and 14 years, respectively.

The Committee notes the Government’s information that the Australian Assistance for International Development through its Facilities and Advisory Services in close consultation with the ILO–IPEC and the Department of Labour and Industrial Relations has undertaken a review of the Employment Act and that the amendment process is ongoing. It also notes the Government’s indication that this process will also address the issue related to the minimum age stipulated under the Minimum Age (Sea) Act, 1972. 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 once again urges the Government to take the necessary measures to ensure that the proposed amendments are adopted in the near future. In this regard, it expresses the hope that the amended provisions will be in conformity with Article 2(1) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. It noted that the Education Department has developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school. However, the Committee observed that the NEP seemed intended to make only three years of basic education compulsory up to the age of 9. Moreover, the Committee noted that according to the ITUC, the gross primary enrolment rate was 55.2 per cent, and only 68 per cent of these children remain at school up to the age of 10, while only less than 20 per cent of the country’s children attend secondary school.

The Committee notes from the Government’s report under Convention No. 182 that the NEP is being supported by donor agencies to implement programmes focusing on formal education and non-formal education (NFE), including assistance from the Asian Development Bank and the European Union in order to extend the NFE to the needy and the disadvantaged. The Committee notes, however, that according to the findings of the rapid assessment conducted in Port Moresby during 2010–11, although educational reforms are in place, 92.2 per cent of those children who enrolled in grade 3 would drop out along the way. The Committee expresses its deep concern at the significant number of children under the minimum age of admission to work who are not attending school. In this regard, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before young persons are legally entitled to work, there may arise a vacuum which opens the door to the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions concerning rights at work, paragraph 371). Therefore, considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures, particularly within the framework of the NEP, 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. In its previous comments, the Committee noted that while certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years, there exist no provisions protecting children between the ages of 16–18 years from hazardous work. The Committee also noted the absence of any list of types of hazardous work prohibited to children under the age of 18 years.

The Committee notes from the Government’s report that the ongoing legislative review of the Employment Act will ensure the compliance of the provisions of the Convention related to hazardous work. The Committee expresses the firm hope that the amendments to the Employment Act, which will include a prohibition on hazardous work for children under the age of 18 years as well as a determination of types of hazardous work prohibited to such children, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee previously noted that the conditions of work for young people would be examined through the ongoing Employment Act review and that the legislation relating to occupational safety and health shall also be reviewed in a way to ensure that hazardous work does not affect the health and safety of young workers. The Committee once again expresses the strong hope that the review of the Employment Act and of the legislation pertaining to occupational safety and health will be completed as soon as possible. It also hopes that the amendments made to the legislation will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Registers of employment. The Committee previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth, and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain 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 once again notes the Government’s information that this issue will be addressed within the review of the Employment Act. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that employers are obliged to keep register of all persons below the age of 18 years who work for them and to provide information with regard to the progress made in ensuring that the Employment Act and the Minimum Age (Sea) Act are in conformity with Article 9(3) of the Convention.

The Committee urges the Government to strengthen its efforts to ensure that, during its review of the Employment Act and the Minimum Age (Sea) Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee requests the Government to provide information on any progress made in the review of these Acts in its next report and invites the Government to consider seeking technical assistance from the ILO.

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

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Article 4 of the Convention. Exclusion of limited categories of employment or work. The Committee had previously noted that section 103(3)(d) of the Employment Act stipulates that, as an exception to the provision fixing the minimum age for employment or work, a person who is between 11 and 16 years of age may be employed in undertakings in which only members of his family are employed. The Committee had also noted that section 6 of the Minimum Age (Sea) Act, 1972, fixing the minimum age for working on board ships, does not apply, according to subsection (2), to service in a vessel on which only members of the same family are employed. The Committee had recalled that, by virtue of Article 4(1) of the Convention, the competent authority may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It had also recalled that, under Article 4(2) each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee had asked the Government to state, the position of its law and practice in respect of children working in family undertakings. The Committee noted that the Government was planning to review its labour legislation, in particular the Employment Act, in accordance with the requirements of the Convention.

The Committee notes the Government’s statement that the abovementioned exclusions where children under 16 years of age may work in family undertakings are still current and were adopted in consideration of the fact the Papua New Guinea thrives on the importance of communal social living.

Article 8. Artistic performances. The Committee had previously noted the Government's statement that consultations would take place at the National Tripartite Consultative Council Secretariat to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances.

The Committee notes the Government's indication that, as an issue of concern to promote the talent of young performers and the need to protect them from exploitation for commercial gains, the review of the Employment Act will take into close consideration the comments of the Committee pertaining to artistic performances. The Committee requests the Government to provide information on the progress made in this regard in its next report.

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The Committee notes the communication of the International Trade Union Confederation (ITUC) of 31 August 2011 and the Government’s report.

Article 1 of the Convention and Part V of the report form. National plan of action and application of the Convention in practice. In its previous comments, the Committee had noted that the Government had developed a “White Paper on Decent Work and Poverty Alleviation” and a national action plan on decent work and poverty alleviation, which were presented at a national tripartite workshop on 23 March 2005 but upon which no consensus had been reached. The Committee had also noted the Government's information that Parliament adopted in 2004 the Informal Sector Control and Management Act, which allows for people to engage in informal businesses for their living.

The Committee notes the ITUC’s observations that child labour occurs in rural areas, usually in subsistence agriculture, and in urban areas in street vending, tourism and entertainment.

The Committee notes the Government’s statement that, following revisions to the “White Paper on Decent Work and Poverty Alleviation”, the Government endorsed the National Decent Work Policy in May 2010. Furthermore, the Committee notes that Papua New Guinea is one of the 11 countries that are part of a 2008–12 ILO–IPEC Time-bound Programme entitled “Tackling child labour through education” (TACKLE project), which contributes to the fight against child labour through its action programmes, research studies, legislative reviews and promotional programmes. Moreover, the Committee notes the Government’s information that, following the National Child Labour Forum of 26–28 July 2011, a draft National Plan of Action on Child Labour (NPA) has been formulated and is being circulated for inputs from all the relevant stakeholders. The draft NPA intends to address issues of legislation and policy, enforcement and monitoring, data and information on child labour, accessibility to education, social security, awareness-raising and advocacy, and networking and collaboration.

However, the Committee notes the Government’s statement that the Informal Sector Control and Management Act, while in place, is not appropriately regulated by the relevant bodies, such as the Department of Community Development and other management bodies. The Committee also notes the Government’s indication that statistics and data sourcing remains a major loophole in the country and that no concrete or reliable information can be used or seen as a guarantee of a true depiction of the national situation of child labour. The Committee strongly urges the Government to strengthen its efforts, within the framework of the National Decent Work Policy, the TACKLE project and the NPA, once adopted, to combat and progressively eliminate child labour in the country. In this regard, it requests the Government to take the necessary measures to ensure that the NPA is effectively adopted in the near future. It also urges the Government to take the necessary measures to ensure that the Informal Sector and Management Act is effectively regulated by the relevant bodies in order to monitor and combat child labour in the informal sector. It further requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Papua New Guinea is made available, including information on the number of children working below the minimum age and the nature, scope and trends of their work.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, at the time of ratification, the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work within its territory. It had noted that, by virtue of sections 18 and 103(1) of the Employment Act, 1978, no person under the age of 16 years shall be employed. However, the Committee had noted that section 103(4) of the Employment Act provides that a child of 14 or 15 years may be employed during school hours if the employer is satisfied that the child is no longer attending school. The Committee had also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 and 14 years, respectively. It had reminded the Government that, by virtue of Article 2(1) of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation.

The Committee notes the Government’s statement that the Department of Labour and Industrial Relations has undertaken a review of the Employment Act and that, once reviewed and amended, this Act will cater to the minimum age requirement. In this regard, the Government indicates that the initial assessment of the Employment Act is currently being undertaken, which will set the foundation for the review of its provisions towards the end of 2011 and into 2012. The Government also indicates that the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), which Papua New Guinea is in the process of implementing, will provoke the amendment of the Minimum Age (Sea) Act, with particular focus on sections 6 and 7. 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 urges the Government to ensure that the proposed amendments are adopted in the near future. In this regard, it expresses the hope that the amended provisions will be in conformity with Article 2(1) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee had previously noted that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. It had noted that the Education Department has developed a ten-year National Education Plan for 2005–15 (NEP) to enable more children to be in school.

The Committee notes the Government’s information that, given the fact that neither universal nor compulsory education is available in Papua New Guinea, it continues to make sure that a least a considerable number of school children complete basic education by increasing the number of secondary schools as well as technical and vocational training centres. In this regard, it notes the Government’s information that, by 2011, several outcomes have been reached through the implementation of the NEP, such as the establishment of a sufficient number of schools and the improvement of retention rates and of the quality of education, and that other outcomes would be implemented by 2014. The Committee also notes that the TACKLE project aims to contribute to poverty reduction by providing equitable access to basic education and skills development to the most disadvantaged sections of society.

The Committee notes, however, the Government’s indication that the major objective of the NEP with regard to basic education is to ensure that every 6-year-old child enters the Elementary Preparatory Grade by 2012 and completes three years of basic education, and that relevant, affordable and quality education is provided to selected grade 8 through grade 10 graduates. The Committee therefore observes that the NEP seems to only intend to make basic education compulsory until the age of 9. Moreover, the Committee notes that according to the ITUC, the gross primary enrolment rate is 55.2 per cent, only 68 per cent of these children remain at school at the age of 10, and less than 20 per cent of the country’s children attend secondary school. Furthermore, in its concluding observations of 30 July 2010, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about traditional attitudes that constitute obstacles to girls’ education and that the completion rate for girls is much lower than for boys. The CEDAW was also concerned that Papua New Guinea has not met its national targets for universal education and gender equality of the Millennium Development Goals (CEDAW/C/PNG/CO/3, paragraph 37). According to the UNESCO Education for All Global Monitoring Report of 2010, Papua New Guinea has a long way to go in order to achieve gender parity in primary education. Consequently, the Committee observes with concern that there remain a significant number of children under the minimum age of admission to work who are not attending school and, in this regard, it reminds the Government that it considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). Considering that compulsory education is one of the most effective means of combating child labour, the Committee strongly encourages the Government to take the necessary measures, particularly within the framework of the NEP, to provide for compulsory education for boys and girls up to the minimum age of admission to employment of 16 years. The Committee requests the Government to provide information on the progress made in this regard.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted that the national legislation does not contain a determination of the types of hazardous work.

In this regard, the Committee notes the ITUC’s information that while it is prohibited for children younger than 16 years of age to perform hazardous work, night work and work in mines, there is no list of hazardous occupations in Papua New Guinea. The Committee once again reminds the Government that, under the terms of Article 3(2) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to take the necessary measures to ensure that the types of hazardous work are determined either by the national legislation or the competent authority, in accordance with Article 3(2), of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee had previously noted that certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years.

In this regard, the Committee notes the Government’s indication that the conditions of work for young people will be examined through the ongoing Employment Act review, which will be further deliberated by all national stakeholders in October and November 2011. It notes the Government’s statement that the legislation relating to occupational safety and health is also going to be reviewed in a way to ensure that hazardous work does not affect the health and safety of young workers. The Committee expresses the strong hope that the review of the Employment Act and of the legislation pertaining to occupational safety and health will be completed as soon as possible. It also hopes that the amendments made to the legislation will include provisions requiring that young persons between 16 and 18 years of age who are authorized to perform hazardous types of work receive adequate specific instruction or vocational training in the relevant branch of activity. It requests the Government to provide information on the progress made in this regard in its next report.

Article 7. Light work. The Committee had previously noted that section 103(2) of the Employment Act states that children between 11 and 16 years are admitted to employment, if the employer obtains a medical certificate of the child's fitness for that type of employment and written consent from their parent or guardian, provided that such employment: (a) is not prejudicial to attendance at school; and (b) is outside the hours prescribed for attendance at school. It had also noted that the Government was seeking ILO technical assistance in order to solve the inconsistency of the national legislation with Article 7 of the Convention, which specifies a minimum age of 13 to perform light work.

The Committee notes the Government’s statement that the review of the Employment Act will address the inconsistency of the section pertaining to the minimum age for light work with the Convention. The Committee expresses the hope that provisions of the Employment Act, once reviewed and amended, will ensure that the minimum age for light work is set at 13 and that children between the ages of 13 and 16 are only engaged in light work activities, in conformity with Article 7 of the Convention. It requests the Government to continue providing information on the progress made in this regard.

Article 9(3). Registers of employment. The Committee had previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It had also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee had requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom they employ or who work for them and who are less than 18 years of age.

The Committee notes the Government’s information that this issue will be addressed within the review of the Employment Act and the Minimum Age (Sea) Act. The Committee requests the Government to indicate the measures taken to ensure that the obligation of keeping a register extends to all people below the age of 18 years and to provide information with regard to the progress made in ensuring that the Employment Act and Minimum Age (Sea) Act are in conformity with Article 9(3) of the Convention.

The Committee urges the Government to strengthen its efforts to ensure that, during its review of the Employment Act and of the Minimum Age (Sea) Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. It requests the Government to provide information on any progress made in the review of these Acts in its next report and invites the Government to consider seeking technical assistance from the ILO.

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

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National plan of action. The Committee had previously noted that, under the ILO country programme for Papua New Guinea, a child labour force survey was planned to be conducted in collaboration with UNICEF. The Committee had also noted that the Government had elaborated a national plan of action. It had asked the Government to provide information on the abovementioned projects and the results attained and on the national policy measures designed to effectively reduce and eliminate child labour. The Committee noted the Government's information that an initial meeting was held in May 2005 between the Government and UNICEF and it was agreed that the survey might be implemented in the second half of 2005. This project would involve the conduct of a pilot survey in the urban areas of Lae, Rabaul, Goroka and Port Moresby to determine the types and extent of child labour in the country before a comprehensive study would be carried out. The Committee also noted that the Government had developed a “White Paper on Decent Work and Poverty Alleviation” and a national action plan on decent work and poverty alleviation. These two documents were presented at a national tripartite workshop on 23 March 2005 but no consensus had been reached. The Committee further noted the Government's information that Parliament adopted in 2004 the Informal Sector Control and Management Act, which allows for people to engage in informal businesses for their living. The Ministry of Community Development with the Consultative Implementation and Monitoring Council are mandated to coordinate and monitor the implementation of this Act and consequently oversee the situation with child labour in the informal sector throughout the country. The Committee once again requests the Government to keep it informed on the implementation of the Child Labour Force Survey, the national plan of action and the “White Paper on Decent Work and Poverty Alleviation” and the results attained. It also asks the Government to provide a copy of the newly adopted Informal Sector Control and Management Act.

Article 2(1). Minimum age for admission to employment. The Committee had previously noted that, at the time of ratification, the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work within its territory. It had noted that, by virtue of sections 18 and 103(1) of the Employment Act, 1978, no person under the age of 16 years shall be employed. However, the Committee had noted that section 103(4) of the Employment Act provides that a child of 14 or 15 years may be employed during school hours if the employer is satisfied that the child is no longer attending school. The Committee had also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 and 14 years, respectively. It had reminded the Government that, by virtue of Article 2(1) of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. The Committee had requested the Government to indicate the measures taken or envisaged to amend section 103(1) of the Employment Act, and sections 6 and 7 of the Minimum Age (Sea) Act, so as to ensure that no person under 16 years of age shall be admitted to employment or work in any occupation. The Committee noted the Government's information that the Department of Labour and Industrial Relations envisages reviewing the relevant sections of the Employment Act and the Minimum Age (Sea) Act after consultation with all stakeholders concerned. It asks the Government to keep it informed on progress made in the revision of the relevant legislation.

Article 2(3). Compulsory education. 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), that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. The Committee had considered the requirement of Article 2(3) of the Convention fulfilled since the minimum age for employment is not less than the age of the completion of compulsory education. Nevertheless, noting that compulsory education is one of the most effective means of combating child labour, the Committee had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). The Committee 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 for 2005–15 is to achieve free and compulsory primary education for all children by 2015. The National Education Plan indicates that basic education is provided for children aged 6 to 14 years. The Committee also noted that the Government was encouraging education through technical vocational training. The Committee therefore requests the Government to provide further information on the implementation of the National Education Plan and other measures taken or envisaged to ensure compulsory education up to the minimum age for employment.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee had previously noted that certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years. It had reminded the Government that, under Article 3(3) of the Convention, young people from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee had therefore requested the Government to take the necessary measures to ensure that the performance of such work by young people between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention. The Committee hopes that the Government will adopt the necessary measures in this regard. It asks the Government to keep it informed of progress made.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that section 103(3)(d) of the Employment Act stipulates that, as an exception to the provision fixing the minimum age for employment or work, a person who is between 11 and 16 years of age may be employed in undertakings in which only members of his family are employed. The Committee had also noted that section 6 of the Minimum Age (Sea) Act, 1972, fixing the minimum age for working on board ships, does not apply, according to subsection (2), to service in a vessel on which only members of the same family are employed. The Committee had recalled that, by virtue of Article 4(1) of the Convention, the competent authority may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It had also recalled that, under Article 4(2) each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee had asked the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings. The Committee noted that the Government was planning to review its labour legislation, in particular the Employment Act, in accordance with the requirements of the Convention. It also noted the Government's indication that there were some concerns raised by the general public with regard to children who are working in family undertakings in the informal sector, which have been noted by the Consultative Implementation and Monitoring Council. The Committee requests the Government to keep it informed of the position of its law and practice in respect of such children and on progress made in reviewing relevant legislation.

Article 7. Light work. The Committee had previously noted that section 103(2) of the Employment Act states that children between 11 and 16 years are admitted to employment, if the employer obtains a medical certificate of the child's fitness for that type of employment and written consent from their parent or guardian, provided that such employment: (a) is not prejudicial to attendance at school; (b) is outside the hours prescribed for attendance at school. It had also noted that the Government was seeking ILO technical assistance in order to solve the inconsistency of the national legislation with Article 7 of the Convention, which specifies a minimum age of 13 to perform light work. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure that the minimum age of light work is set at 13 and that people between the ages of 13 and 16 years are only engaged in light work activities. The Committee noted the Government's indication that it envisages amending the appropriate legislation to conform to the Convention. It hopes that the necessary amendments will soon be adopted.

Article 8. Artistic performances. The Committee had previously noted the Government's statement that consultations would take place at the National Tripartite Consultative Council Secretariat (NTCC) to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances. The Committee noted the Government's indication that no measures have been taken in this regard. It therefore once again requests the Government to provide information on any developments regarding the participation of children in artistic performances and on the procedure of granting individual permits, pursuant to Article 8 of the Convention.

Article 9(3). Registers of employment. The Committee had previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It had also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee had requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom they employ or who work for them and who are less than 18 years of age. With regard to young people working on board vessels, the Committee had asked the Government to indicate the measures taken or envisaged to ensure that the obligation of keeping a register extends to all people below the age of 18 years. The Committee noted the Government's information that it is envisaged to review the current legislation to conform to Article 9(3) of the Convention. It asks the Government to keep it informed of progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee noted the absence of statistical data and other information on the practical application of the Convention. It once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young people, extracts from inspection services reports, information on the number and nature of contraventions reported, even if such data is in the early stages of compilation.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National plan of action. The Committee had previously noted that, under the ILO country programme for Papua New Guinea, a child labour force survey was planned to be conducted in collaboration with UNICEF. The Committee had also noted that the Government had elaborated a national plan of action. It had asked the Government to provide information on the abovementioned projects and the results attained and on the national policy measures designed to effectively reduce and eliminate child labour. The Committee noted the Government's information that an initial meeting was held in May 2005 between the Government and UNICEF and it was agreed that the survey might be implemented in the second half of 2005. This project would involve the conduct of a pilot survey in the urban areas of Lae, Rabaul, Goroka and Port Moresby to determine the types and extent of child labour in the country before a comprehensive study would be carried out. The Committee also noted that the Government had developed a “White Paper on Decent Work and Poverty Alleviation” and a national action plan on decent work and poverty alleviation. These two documents were presented at a national tripartite workshop on 23 March 2005 but no consensus had been reached. The Committee further noted the Government's information that Parliament adopted in 2004 the Informal Sector Control and Management Act, which allows for people to engage in informal businesses for their living. The Ministry of Community Development with the Consultative Implementation and Monitoring Council are mandated to coordinate and monitor the implementation of this Act and consequently oversee the situation with child labour in the informal sector throughout the country. The Committee once again requests the Government to keep it informed on the implementation of the Child Labour Force Survey, the national plan of action and the “White Paper on Decent Work and Poverty Alleviation” and the results attained. It also asks the Government to provide a copy of the newly adopted Informal Sector Control and Management Act.

Article 2, paragraph 1. Minimum age for admission to employment. The Committee had previously noted that, at the time of ratification, the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work within its territory. It had noted that, by virtue of sections 18 and 103(1) of the Employment Act, 1978, no person under the age of 16 years shall be employed. However, the Committee had noted that section 103(4) of the Employment Act provides that a child of 14 or 15 years may be employed during school hours if the employer is satisfied that the child is no longer attending school. The Committee had also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 and 14 years, respectively. It had reminded the Government that, by virtue of Article 2(1) of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. The Committee had requested the Government to indicate the measures taken or envisaged to amend section 103(1) of the Employment Act, and sections 6 and 7 of the Minimum Age (Sea) Act, so as to ensure that no person under 16 years of age shall be admitted to employment or work in any occupation. The Committee noted the Government's information that the Department of Labour and Industrial Relations envisages reviewing the relevant sections of the Employment Act and the Minimum Age (Sea) Act after consultation with all stakeholders concerned. It asks the Government to keep it informed on progress made in the revision of the relevant legislation.

Article 2, paragraph 3. Compulsory education. 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), that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. The Committee had considered the requirement of Article 2(3) of the Convention fulfilled since the minimum age for employment is not less than the age of the completion of compulsory education. Nevertheless, noting that compulsory education is one of the most effective means of combating child labour, the Committee had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). The Committee 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 for 2005–15 is to achieve free and compulsory primary education for all children by 2015. The National Education Plan indicates that basic education is provided for children aged 6 to 14 years. The Committee also noted that the Government was encouraging education through technical vocational training. The Committee therefore requests the Government to provide further information on the implementation of the National Education Plan and other measures taken or envisaged to ensure compulsory education up to the minimum age for employment.

Article 3, paragraph 3.  Admission to types of hazardous work from the age of 16 years.  The Committee had previously noted that certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years. It had reminded the Government that, under Article 3(3) of the Convention, young people from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee had therefore requested the Government to take the necessary measures to ensure that the performance of such work by young people between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention. The Committee hopes that the Government will adopt the necessary measures in this regard. It asks the Government to keep it informed of progress made.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that section 103(3)(d) of the Employment Act stipulates that, as an exception to the provision fixing the minimum age for employment or work, a person who is between 11 and 16 years of age may be employed in undertakings in which only members of his family are employed. The Committee had also noted that section 6 of the Minimum Age (Sea) Act, 1972, fixing the minimum age for working on board ships, does not apply, according to subsection (2), to service in a vessel on which only members of the same family are employed. The Committee had recalled that, by virtue of Article 4(1) of the Convention, the competent authority may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It had also recalled that, under Article 4(2) each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee had asked the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings. The Committee noted that the Government was planning to review its labour legislation, in particular the Employment Act, in accordance with the requirements of the Convention. It also noted the Government's indication that there were some concerns raised by the general public with regard to children who are working in family undertakings in the informal sector, which have been noted by the Consultative Implementation and Monitoring Council. The Committee requests the Government to keep it informed of the position of its law and practice in respect of such children and on progress made in reviewing relevant legislation.

Article 7. Light work. The Committee had previously noted that section 103(2) of the Employment Act states that children between 11 and 16 years are admitted to employment, if the employer obtains a medical certificate of the child's fitness for that type of employment and written consent from their parent or guardian, provided that such employment: (a) is not prejudicial to attendance at school; (b) is outside the hours prescribed for attendance at school. It had also noted that the Government was seeking ILO technical assistance in order to solve the inconsistency of the national legislation with Article 7 of the Convention, which specifies a minimum age of 13 to perform light work. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure that the minimum age of light work is set at 13 and that people between the ages of 13 and 16 years are only engaged in light work activities. The Committee noted the Government's indication that it envisages amending the appropriate legislation to conform to the Convention. It hopes that the necessary amendments will soon be adopted.

Article 8. Artistic performances. The Committee had previously noted the Government's statement that consultations would take place at the National Tripartite Consultative Council Secretariat (NTCC) to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances. The Committee notes the Government's indication that no measures have been taken in this regard. It therefore once again requests the Government to provide information on any developments regarding the participation of children in artistic performances and on the procedure of granting individual permits, pursuant to Article 8 of the Convention.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It had also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee had requested the Government to take the necessary measures to ensure that, in conformity with Article 9(3) of the Convention, employers are obliged to keep registers that shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom they employ or who work for them and who are less than 18 years of age. With regard to young people working on board vessels, the Committee had asked the Government to indicate the measures taken or envisaged to ensure that the obligation of keeping a register extends to all people below the age of 18 years. The Committee noted the Government's information that it is envisaged to review the current legislation to conform to Article 9(3) of the Convention. It asks the Government to keep it informed of progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee noted the absence of statistical data and other information on the practical application of the Convention. It once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young people, extracts from inspection services reports, information on the number and nature of contraventions reported, even if such data is in the early stages of compilation.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee had previously noted that, under the ILO country programme for Papua New Guinea, a child labour force survey was planned to be conducted in collaboration with UNICEF. The Committee had also noted that the Government had elaborated a National Plan of Action. It had asked the Government to provide information on the abovementioned projects and the results attained and on the national policy measures designed to effectively reduce and eliminate child labour. The Committee noted the Government’s information that an initial meeting was held in May 2005 between the Government and UNICEF and it was agreed that the survey might be implemented in the second half of 2005. This project would involve the conduct of a pilot survey in the urban areas of Lae, Rabaul, Goroka and Port Moresby to determine the types and extent of child labour in the country before a comprehensive study would be carried out. The Committee also noted that the Government had developed a “White Paper on Decent Work and Poverty Alleviation” and a National Action Plan on Decent Work and Poverty Alleviation. These two documents were presented at a national tripartite workshop on 23 March 2005 but no consensus had been reached. The Committee further noted the Government’s information that Parliament adopted in 2004 the Informal Sector Control and Management Act, which allows for people to engage in informal businesses for their living. The Ministry of Community Development with the Consultative Implementation and Monitoring Council are mandated to coordinate and monitor the implementation of this Act and consequently oversee the situation with child labour in the informal sector throughout the country. The Committee once again requests the Government to keep it informed on the implementation of the Child Labour Force Survey, the National Plan of Action and the “White Paper on Decent Work and Poverty Alleviation” and the results attained. It also asks the Government to provide a copy of the newly adopted Informal Sector Control and Management Act.

Article 2, paragraph 1. Minimum age for admission to employment. The Committee had previously noted that, at the time of ratification, the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work within its territory. It had noted that, by virtue of sections 18 and 103(1) of the Employment Act, 1978, no person under the age of 16 years shall be employed. However, the Committee had noted that section 103(4) of the Employment Act provides that a child of 14 or 15 years may be employed during school hours if the employer is satisfied that the child is no longer attending school. The Committee had also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 and 14 years, respectively. It had reminded the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. The Committee had requested the Government to indicate the measures taken or envisaged to amend section 103(1) of the Employment Act, and sections 6 and 7 of the Minimum Age (Sea) Act, so as to ensure that no person under 16 years of age shall be admitted to employment or work in any occupation. The Committee noted the Government’s information that the Department of Labour and Industrial Relations envisages reviewing the relevant sections of the Employment Act and the Minimum Age (Sea) Act after consultation with all stakeholders concerned. It asks the Government to keep it informed on progress made in the revision of the relevant legislation.

Article 2, paragraph 3. Compulsory education. 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), that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. The Committee had considered the requirement of Article 2(3) of the Convention fulfilled since the minimum age for employment is not less than the age of the completion of compulsory education. Nevertheless, noting that compulsory education is one of the most effective means of combating child labour, the Committee had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). The Committee 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 for 2005–15 is to achieve free and compulsory primary education for all children by 2015. The National Education Plan indicates that basic education is provided for children aged 6 to 14 years. The Committee also noted that the Government was encouraging education through technical vocational training. The Committee therefore requests the Government to provide further information on the implementation of the National Education Plan and other measures taken or envisaged to ensure compulsory education up to the minimum age for employment.

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years. The Committee had previously noted that certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years. It had reminded the Government that, under Article 3, paragraph 3, of the Convention, young people from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee had therefore requested the Government to take the necessary measures to ensure that the performance of such work by young people between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention. The Committee hopes that the Government will adopt the necessary measures in this regard. It asks the Government to keep it informed of progress made.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that section 103(3)(d) of the Employment Act stipulates that, as an exception to the provision fixing the minimum age for employment or work, a person who is between 11 and 16 years of age may be employed in undertakings in which only members of his family are employed. The Committee had also noted that section 6 of the Minimum Age (Sea) Act, 1972, fixing the minimum age for working on board ships, does not apply, according to subsection (2), to service in a vessel on which only members of the same family are employed. The Committee had recalled that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It had also recalled that, under Article 4, paragraph 2, each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee had asked the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings. The Committee noted that the Government was planning to review its labour legislation, in particular the Employment Act, in accordance with the requirements of the Convention. It also noted the Government’s indication that there were some concerns raised by the general public with regard to children who are working in family undertakings in the informal sector, which have been noted by the Consultative Implementation and Monitoring Council. The Committee requests the Government to keep it informed of the position of its law and practice in respect of such children and on progress made in reviewing relevant legislation.

Article 7. Light work. The Committee had previously noted that section 103(2) of the Employment Act states that children between 11 and 16 years are admitted to employment, if the employer obtains a medical certificate of the child’s fitness for that type of employment and written consent from their parent or guardian, provided that such employment: (a) is not prejudicial to attendance at school; (b) is outside the hours prescribed for attendance at school. It had also noted that the Government was seeking ILO technical assistance in order to solve the inconsistency of the national legislation with Article 7 of the Convention, which specifies a minimum age of 13 to perform light work. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure that the minimum age of light work is set at 13 and that people between the ages of 13 and 16 years are only engaged in light work activities. The Committee noted the Government’s indication that it envisages amending the appropriate legislation to conform to the Convention. It hopes that the necessary amendments will soon be adopted.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council Secretariat (NTCC) to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances. The Committee notes the Government’s indication that no measures have been taken in this regard. It therefore once again requests the Government to provide information on any developments regarding the participation of children in artistic performances and on the procedure of granting individual permits, pursuant to Article 8 of the Convention.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of people under the age of 18 working for them. It had also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by people having command or charge of a vessel, which contains particulars such as the full name, date of birth and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee had requested the Government to take the necessary measures to ensure that, in conformity with Article 9, paragraph 3, of the Convention, employers are obliged to keep registers that shall contain the names and ages or dates of birth, duly certified wherever possible, of people whom they employ or who work for them and who are less than 18 years of age. With regard to young people working on board vessels, the Committee had asked the Government to indicate the measures taken or envisaged to ensure that the obligation of keeping a register extends to all people below the age of 18 years. The Committee noted the Government’s information that it is envisaged to review the current legislation to conform to Article 9, paragraph 3, of the Convention. It asks the Government to keep it informed of progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee noted the absence of statistical data and other information on the practical application of the Convention. It once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young people, extracts from inspection services reports, information on the number and nature of contraventions reported etc., even if such data is in the early stages of compilation.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee had previously noted that, under the ILO country programme for Papua New Guinea, a child labour force survey was planned to be conducted in collaboration with UNICEF. The Committee had also noted that the Government had elaborated a National Plan of Action. It had asked the Government to provide information on the abovementioned projects and the results attained and on the national policy measures designed to effectively reduce and eliminate child labour. The Committee noted the Government’s information that an initial meeting was held in May 2005 between the Government and UNICEF and it was agreed that the survey might be implemented in the second half of 2005. This project will involve the conduct of a pilot survey in the urban areas of Lae, Rabaul, Goroka and Port Moresby to determine the types and extent of child labour in the country before a comprehensive study is carried out. The Committee also noted that the Government had developed a “White Paper on Decent Work and Poverty Alleviation” and a National Action Plan on Decent Work and Poverty Alleviation. These two documents were presented at a national tripartite workshop on 23 March 2005 but no consensus had been reached. The Committee further noted the Government’s information that Parliament adopted in 2004 the Informal Sector Control and Management Act, which allows for people to engage in informal businesses for their living. The Ministry of Community Development with the Consultative Implementation and Monitoring Council are mandated to coordinate and monitor the implementation of this Act and consequently oversee the situation with child labour in the informal sector throughout the country. The Committee once again requests the Government to keep it informed on the implementation of the Child Labour Force Survey, the National Plan of Action and the “White Paper on Decent Work and Poverty Alleviation” and the results attained. It also asks the Government to provide a copy of the newly adopted Informal Sector Control and Management Act.

Article 2, paragraph 1. Minimum age for admission to employment. The Committee had previously noted that, at the time of ratification, the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work within its territory. It had noted that, by virtue of sections 18 and 103(1) of the Employment Act, 1978, no person under the age of 16 years shall be employed. However, the Committee had noted that section 103(4) of the Employment Act provides that a child of 14 or 15 years may be employed during school hours if the employer is satisfied that the child is no longer attending school. The Committee had also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 and 14 years, respectively. It had reminded the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. The Committee had requested the Government to indicate the measures taken or envisaged to amend section 103(1) of the Employment Act, and sections 6 and 7 of the Minimum Age (Sea) Act, so as to ensure that no person under 16 years of age shall be admitted to employment or work in any occupation. The Committee noted the Government’s information that the Department of Labour and Industrial Relations envisages reviewing the relevant sections of the Employment Act and the Minimum Age (Sea) Act after consultation with all stakeholders concerned. It asks the Government to keep it informed on the progress made in the revision of the relevant legislation.

Article 2, paragraph 3. Compulsory education. 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), that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. The Committee had considered the requirement of Article 2(3) of the Convention fulfilled since the minimum age for employment is not less than the age of the completion of compulsory education. Nevertheless, noting that compulsory education is one of the most effective means of combating child labour, the Committee had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). The Committee 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 for 2005–15 is to achieve free and compulsory primary education for all children by 2015. The National Education Plan indicates that basic education is provided for children aged 6 to 14 years. The Committee also noted that the Government was encouraging education through technical vocational training. The Committee therefore requests the Government to provide further information on the implementation of the National Education Plan and other measures taken or envisaged to ensure compulsory education up to the minimum age for employment.

Article 3, paragraph 3. Admission to types of hazardous work from the age of 16 years. The Committee had previously noted that certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years. It had reminded the Government that, under Article 3, paragraph 3, of the Convention, young persons from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee had therefore requested the Government to take the necessary measures to ensure that the performance of such work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention. The Committee hopes that the Government will adopt the necessary measures in this regard. It asks the Government to keep it informed on the progress made.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that section 103(3)(d) of the Employment Act stipulates that, as an exception to the provision fixing the minimum age for employment or work, a person who is between 11 and 16 years of age may be employed in undertakings in which only members of his family are employed. The Committee had also noted that section 6 of the Minimum Age (Sea) Act, 1972, fixing the minimum age for working on board ships, does not apply, according to subsection (2), to service in a vessel on which only members of the same family are employed. The Committee had recalled that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It had also recalled that, under Article 4, paragraph 2, each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee had asked the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings. The Committee noted that the Government was planning to review its labour legislation, in particular the Employment Act, in accordance with the requirements of the Convention. It also noted the Government’s indication that there were some concerns raised from the general public with regard to children who are working in family undertakings in the informal sector, which have been noted by the Consultative Implementation and Monitoring Council. The Committee requests the Government to keep it informed on the position of its law and practice in respect of such children and on the progress made in reviewing relevant legislation.

Article 7. Light work. The Committee had previously noted that section 103(2) of the Employment Act states that children between 11 and 16 years are admitted to employment, if the employer obtains a medical certificate of the child’s fitness for that type of employment and a written consent of his parent or guardian, provided that such employment: (a) is not prejudicial to attendance at school; (b) is outside the hours prescribed for attendance at school. It had also noted that the Government was seeking ILO technical assistance in order to solve the inconsistency of the national legislation with Article 7 of the Convention, which specifies 13 as the minimum age to perform light work. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure that the minimum age of light work is set at 13 and that persons between the ages of 13 and 16 years are only engaged in light work activities. The Committee noted the Government’s indication that it envisages amending the appropriate legislation to conform to the Convention. It hopes that the necessary amendments will soon be adopted.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council Secretariat (NTCC) to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances. The Committee notes the Government’s indication that no measures have been taken in this regard. It therefore once again requests the Government to provide information on any developments regarding the participation of children in artistic performances and on the procedure of granting individual permits, pursuant to Article 8 of the Convention.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of persons under the age of 18 working for him/her. It had also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by persons having command or charge of a vessel, which contains particulars such as the full name, date of birth and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee had requested the Government to take the necessary measures to ensure that, in conformity with Article 9, paragraph 3, of the Convention, employers are obliged to keep registers that shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. With regard to young persons working on board vessels, the Committee had asked the Government to indicate the measures taken or envisaged to ensure that the obligation of keeping a register extends to all persons below the age of 18 years. The Committee noted the Government’s information that it is envisaged to review the current legislation to conform to Article 9, paragraph 3, of the Convention. It asks the Government to keep it informed of progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee noted the absence of statistical data and other information on the practical application of the Convention. It once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported etc., even if such data is in the early stages of compilation.

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Article 1 of the Convention. The Committee had previously noted that, under the ILO country programme for Papua New Guinea, a child labour force survey was planned to be conducted in collaboration with UNICEF. The Committee had also noted that the Government had elaborated a National Plan of Action. It had asked the Government to provide information on the abovementioned projects and the results attained and on the national policy measures designed to effectively reduce and eliminate child labour. The Committee notes the Government’s information that an initial meeting was held in May 2005 between the Government and UNICEF and it was agreed that the survey might be implemented in the second half of 2005. This project will involve the conduct of a pilot survey in the urban areas of Lae, Rabaul, Goroka and Port Moresby to determine the types and extent of child labour in the country before a comprehensive study is carried out. The Committee also notes that the Government has developed a “White Paper on Decent Work and Poverty Alleviation” and a National Action Plan on Decent Work and Poverty Alleviation. These two documents were presented at a national tripartite workshop on 23 March 2005 but no consensus has been reached. The Committee further notes the Government’s information that Parliament adopted in 2004 the Informal Sector Control and Management Act, which allows for people to engage in informal businesses for their living. The Ministry of Community Development with the Consultative Implementation and Monitoring Council are mandated to coordinate and monitor the implementation of this Act and consequently oversee the situation with child labour in the informal sector throughout the country. The Committee requests the Government to keep it informed on the implementation of the Child Labour Force Survey, the National Plan of Action and the “White Paper on Decent Work and Poverty Alleviation” and the results attained. It also asks the Government to provide a copy of the newly adopted Informal Sector Control and Management Act.

Article 2, paragraph 1. Minimum age for admission to employment. The Committee had previously noted that, at the time of ratification, the Government of Papua New Guinea had declared 16 years to be the minimum age for admission to employment or work within its territory. It had noted that, by virtue of sections 18 and 103(1) of the Employment Act, 1978, no person under the age of 16 years shall be employed. However, the Committee had noted that section 103(4) of the Employment Act provides that a child of 14 or 15 years may be employed during school hours if the employer is satisfied that the child is no longer attending school. The Committee had also noted that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, 1972, the minimum age to perform work on board ships is 15 and 14 years, respectively. It had reminded the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. The Committee had requested the Government to indicate the measures taken or envisaged to amend section 103(1) of the Employment Act, and sections 6 and 7 of the Minimum Age (Sea) Act, so as to ensure that no person under 16 years of age shall be admitted to employment or work in any occupation. The Committee notes the Government’s information that the Department of Labour and Industrial Relations envisages reviewing the relevant sections of the Employment Act and the Minimum Age (Sea) Act after consultation with all stakeholders concerned. It asks the Government to keep it informed on the progress made in the revision of the relevant legislation.

Article 2, paragraph 3. Compulsory education. 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), that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. The Committee had considered the requirement of Article 2(3) of the Convention fulfilled since the minimum age for employment is not less than the age of the completion of compulsory education. Nevertheless, noting that compulsory education is one of the most effective means of combating child labour, the Committee had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). The Committee 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 free and compulsory primary education for all children by 2015. The National Education Plan indicates that basic education is provided for children aged 6 to 14 years. The Committee also notes that the Government is encouraging education through technical vocational training. The Committee therefore requests the Government to provide further information on the implementation of the National Education Plan and other measures taken or envisaged to ensure compulsory education up to the minimum age for employment.

Article 3, paragraph 3.  Admission to types of hazardous work from the age of 16 years. The Committee had previously noted that certain provisions of the national legislation prohibit hazardous work for children under the age of 16 years. It had reminded the Government that, under Article 3, paragraph 3, of the Convention, young persons from the age of 16 years may be authorized to carry out types of hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee had therefore requested the Government to take the necessary measures to ensure that the performance of such work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention. The Committee hopes that the Government will adopt the necessary measures in this regard. It asks the Government to keep it informed on the progress made.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that section 103(3)(d) of the Employment Act stipulates that, as an exception to the provision fixing the minimum age for employment or work, a person who is between 11 and 16 years of age may be employed in undertakings in which only members of his family are employed. The Committee had also noted that section 6 of the Minimum Age (Sea) Act, 1972, fixing the minimum age for working on board ships, does not apply, according to subsection (2), to service in a vessel on which only members of the same family are employed. The Committee had recalled that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of application arise. It had also recalled that, under Article 4, paragraph 2, each Member which ratifies the Convention shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. The Committee had asked the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings. The Committee notes that the Government is planning to review its labour legislation, in particular the Employment Act, in accordance with the requirements of the Convention. It also notes the Government’s indication that there are some concerns raised from the general public with regard to children who are working in family undertakings in the informal sector, which have been noted by the Consultative Implementation and Monitoring Council. The Committee requests the Government to keep it informed on the position of its law and practice in respect of such children and on the progress made in reviewing relevant legislation.

Article 6. Apprenticeship and vocational training. The Committee had previously noted that section 15(4) of the Apprenticeship and Trade Testing Act allows a person below the age of 15 years to enter into a contract of apprenticeship, with the consent of his parent or guardian, or with the consent of the controller. It had also noted that, according to section 6(2) of the Minimum Age (Sea) Act, the minimum age provisions contained in subsection (1) do not apply to service in a training ship, approved by the superintendent. Recalling that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings within the context of programmes of training or vocational guidance, the Committee had asked the Government to indicate the steps taken or envisaged in order to ensure that no one below this age is admitted to apprenticeship. The Committee notes the Government’s information that the National Apprenticeship and Trade Testing Board, which is the administering agency under the Apprenticeship and Trade Testing Act, had reported that no persons under 14 years of age have ever been registered or granted an apprenticeship contract. It also notes that the trade competency standards were improved by the Board, which led to maintaining the apparent age of apprenticeship at 15 years. Finally, the Committee takes due note of the detailed information provided by the Government concerning the vocational and technical education system in Papua New Guinea, including types of institutions, enrolment figures and curricula.

Article 7. Light work. The Committee had previously noted that section 103(2) of the Employment Act states that children between 11 and 16 years are admitted to employment, if the employer obtains a medical certificate of the child’s fitness for that type of employment and a written consent of his parent or guardian, provided that such employment: (a) is not prejudicial to attendance at school; (b) is outside the hours prescribed for attendance at school. It had also noted that the Government was seeking ILO technical assistance in order to solve the inconsistency of the national legislation with Article 7 of the Convention, which specifies 13 as the minimum age to perform light work. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure that the minimum age of light work is set at 13 and that persons between the ages of 13 and 16 years are only engaged in light work activities. The Committee notes the Government’s indication that it envisages amending the appropriate legislation to conform to the Convention and hopes that the necessary amendments will soon be adopted.

Article 8. Artistic performances. The Committee had previously noted the Government’s statement that consultations would take place at the National Tripartite Consultative Council Secretariat (NTCC) to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. It had requested the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances. The Committee notes the Government’s indication that no measures have been taken in this regard. It therefore once again requests the Government to provide information on any developments regarding the participation of children in artistic performances and on the procedure of granting individual permits, pursuant to Article 8 of the Convention.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that the Employment Act does not contain any provision requiring the employer to keep registers and documents of persons under the age of 18 working for him/her. It had also noted that section 5 of the Minimum Age (Sea) Act provides for registers to be kept by persons having command or charge of a vessel, which contains particulars such as the full name, date of birth and the terms and conditions of service of each person under 16 years of age employed on board the vessel. The Committee had requested the Government to take the necessary measures to ensure that, in conformity with Article 9, paragraph 3, of the Convention, employers are obliged to keep registers that shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. With regard to young persons working on board vessels, the Committee had asked the Government to indicate the measures taken or envisaged to ensure that the obligation of keeping a register extends to all persons below the age of 18 years. The Committee notes the Government’s information that it is envisaged to review the current legislation to conform to Article 9, paragraph 3, of the Convention. It asks the Government to keep it informed of progress made in this regard.

Part V of the report form. Application of the Convention in practice. The Committee notes the absence of statistical data and other information on the practical application of the Convention. It once again requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons, extracts from inspection services reports, information on the number and nature of contraventions reported etc., even if such data is in the early stages of compilation.

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The Committee notes the Government’s first report. It notes with interest that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), in 2000. The Committee requests the Government to provide further information on the following points.

Article 1 of the Convention. The Committee notes the Government’s information that at present Papua New Guinea has not any particular national policy designed to ensure the effective abolition of child labour. It notes that the Government applies the provisions of the existing labour legislation for monitoring the required minimum age for admission to employment and for other related purposes. However, under the ILO Country Programme for Papua New Guinea entitled: "Structural adjustment at minimum social cost" (SAMSC), Sector 1, a child labour force survey is planned to be conducted in collaboration with UNICEF and the Papua New Guinea Department of Labour and Employment for 2004-05, in order to assess the situation of child labour in the country and to take practical measures to combat the issue. Moreover, the Government has elaborated a National Plan of Action, according to which children shall be: (1) nurtured in a safe environment; (2) educated with life skills; (3) physically, mentally, socially and spiritually healthy; (4) informed to take life choices; (5) allowed freedom of expression and association; (6) protected from all forms of exploitation; (7) provided with all basic services. The Committee asks the Government to provide information on the abovementioned projects and the results attained and on the national policy measures designed to effectively reduce and eliminate child labour.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government of Papua New Guinea declared 16 years to be the minimum age for admission to employment or work within its territory. It notes that, according to section 18 of the Employment Act, 1978 (hereinafter Employment Act), any person of 16 years or more may enter into a written contract of service. Moreover, by virtue of section 103(1), no person under the age of 16 years shall be employed. The Committee notes, however, that section 103(4) provides that a child of 14 or 15 may be employed during school hours if the employer is satisfied that the child is no longer attending school. The Committee notes that with regard to the minimum age for employment on board ships, section 6 of the Minimum Age (Sea) Act, 1972, provides that a person who engages another person who is under 18 years of age for service at sea in any capacity without a written certificate by a controller (marine services) that he is satisfied that the other person has attained 15 years of age, is guilty of an offence. By virtue of section 7 of the same Act, a child below 15 years, but not below 14 years may be engaged for service at sea with the written approval of the director of education, if he is satisfied having due regard to the health of the child, that the engagement will be for his immediate and future benefit. The Committee notes that, by virtue of sections 6 and 7 of the Minimum Age (Sea) Act, the minimum age to perform work on board ships is 15 and 14 years respectively. It reminds the Government that, by virtue of Article 2, paragraph 1, of the Convention, no one under the age specified upon ratification shall be admitted to employment or work in any occupation. The Committee requests the Government to indicate the measures taken or envisaged to amend section 103(1) of the Employment Act and sections 6 and 7 of the Minimum Age (Sea) Act, so as to ensure that no person under 16 years of age shall be admitted to employment or work in any occupation.

Article 2, paragraph 3. Compulsory education. The Committee notes the information contained in the Government’s report to the Committee on the Rights of the Child (CRC/C/28/Add.20), that education is neither universal nor compulsory in Papua New Guinea, and that the law does not specify a legal age for entering school or an age at which children are permitted to leave school. The Committee also notes that in its concluding observations (CRC/C/15/Add.229; paragraphs 53, 54), the Committee on the Rights of the Child expressed concern that the age for admission to school and the age of completion of schooling are not fixed in Papua New Guinea, and recommended the state party to fix the minimum age for admission to school and the age of completion of schooling. The Committee considers the requirement of Article 2(3) of the Convention fulfilled since the minimum age for employment is not less than the age of the completion of compulsory education. The Committee is nevertheless of the opinion that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before young persons are legally entitled to work, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It hopes, therefore, that the Government will indicate any development in this regard.

Article 3, paragraphs 1 and 3. Minimum age for admission to hazardous work. The Committee notes that section 104 of the Employment Act states that 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 the health of the person. The Committee also notes that, by virtue of section 105 of the Employment Act, a person under 16 years of age shall not be employed during the night between 6 p.m. and 6 a.m. The Committee notes that, according to section 23 of the Mining (Safety) Act, the employment of children below the age of 16 years in any mine is prohibited. Moreover, under section 79 of the Child Welfare Act, a person who causes or permits a child under 16 years of age to take part in a public exhibition or performance; or any preparation, training or rehearsal for a public exhibition or performance which would endanger the child’s life or limb, is guilty of an offence. The Committee notes that it may be deduced from these provisions that the age of admission to hazardous work is 16 years. It reminds the Government that, in accordance with 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. It therefore requests the Government to take the necessary measures so that the national legislation provides that no person under 18 years of age may perform types of hazardous work.

The Committee also reminds the Government that Article 3, paragraph 3, of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition upon young persons under 18 years of age from performing types of hazardous work, and not a global authorization of the performance of hazardous work from the age of 16 years. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that, while section 104 of the Employment Act prohibits the employment of a young person under 16 years of age in any employment or in any place or under working conditions that are injurious or likely to be injurious to the health of the person, the national legislation does not contain a determination of the types of hazardous work pursuant to section 104. However, it notes that section 1 of the Employment Act defines "heavy labour" to mean employment: (a) as a quarryman; (b) as a diver; (c) as a fisher for pearl shell or any sea products other than fish; (d) in the loading or unloading of any ship’s cargo; (e) in mining or carrying; (f) in pit-sawing, logging or sawing; (g) in any kind of work declared to be heavy labour by the minister. The Committee reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of dangerous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work, which are too dangerous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee asks the Government to take the necessary measures to ensure that the types of hazardous work are determined either by the national legislation or the competent authority, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article. 4. Exclusion of limited categories of employment or work. The Committee notes the information provided by the Government in its report that section 103(3)(d) of the Employment Act stipulates that, as an exception to the provision fixing the minimum age for employment or work, a person who is between 11 and 16 years of age may be employed in undertakings in which only members of his family are employed (subject to the conditions of subsections (2) and (3)). The Government also mentions other provisions of the Employment Act which make an exception for young persons employed in family undertakings. The Committee notes that section 6 of the Minimum Age (Sea) Act, 1972, fixing the minimum age for working on board ships, does not apply, according to subsection (2), to service in a vessel on which only members of the same family are employed. The Committee recalls that, by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of applications arise. Paragraph 2 further provides that each Member which ratifies this Convention shall list in its first report on the application of the Convention submitted under article 22 of the Constitution of the International Labour Organization any categories which may have been excluded in pursuance of paragraph 1 of this Article, giving the reasons of such exclusion, and shall state in subsequent reports the position of its law and practice in respect of the categories excluded and the extent to which effect has been given or is proposed to be given to the Convention in respect of such categories. Consequently, the Committee asks the Government to state, in its next report, the position of its law and practice in respect of children working in family undertakings, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of work done by children in family undertakings. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 6. Apprenticeship and vocational training. The Committee takes note of the Government’s information on this point. It notes that the Apprenticeship and Trade Testing Act, 1986, and the Apprenticeship and Trade Testing Regulation, 1991, regulate the functioning and conditions of work of apprenticeship. It notes that section 15(3) of the Apprenticeship and Trade Testing Act states that a person shall not enter into a contract of apprenticeship unless he has attained the age or apparent age of 15 years. Section 15(4) states that a person below the age of 15 years may enter into a contract of apprenticeship, with the consent of his parent or guardian, or with the consent of the controller, and such contract remains valid according to its tenure notwithstanding that the person has in the meantime attained the age of 15 years. The Committee notes that under these provisions it is not clear which is the minimum age for apprenticeship. The Committee notes that, according to section 6(2) of the Minimum Age (Sea) Act, the minimum age provisions contained in subsection (1) do not apply to service in a training ship, approved by the superintendent. The Committee reminds the Government that Article 6 of the Convention fixes a minimum age of 14 years for work done in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee asks the Government to indicate the steps taken or envisaged in order to ensure that no one below the age of 14 years is admitted to apprenticeship. The Committee also asks the Government to indicate what minimum provisions are applicable to training on board ships. Furthermore, it requests the Government to provide information about the vocational and technical education system in Papua New Guinea, including types of institutions, enrolment figures and curricula.

Article 7. Light work. The Committee notes that section 103(2) of the Employment Act states that children between 11 and 16 years are admitted to employment, if the employer obtains a medical certificate of the child’s fitness for that type of employment and the written consent of his parent or guardian, provided that such employment: (a) is not prejudicial to attendance at school; (b) is outside the hours prescribed for attendance at school. Furthermore, subject to the above conditions, a person of 14 or 15 years may be employed in any industry other than an industrial undertaking or the fishing industry (section 103(3)). The Committee also notes that, according to section 103(4), a person of 14 or 15 years may be employed during school hours if the employer is satisfied that the person no longer attends school. The Committee notes the Government’s statement that paragraph 2 of this Article does not apply, as there is no age limit for compulsory schooling. It also notes that the Government seeks ILO technical assistance in order to solve the inconsistency of section 103(2) and (3) with this Article of the Convention, which specifies 13 as the minimum age to perform light work. The Committee encourages the Government to seek the assistance of the Office and asks it to provide information on the measures taken or envisaged to ensure that the minimum age of light work is set at 13 and that persons between the age 13 and 16 years are only engaged in light work activities.

Article 8. Artistic performances. The Committee takes note of the Government’s statement that consultations will take place at the National Tripartite Consultative Council Secretariat (NTCC) to discuss the possibility of exceptions to the prohibition of employment or work for such purposes as participation in artistic performances and the granting of individual permits for each case of participation of a child. The Committee requests the Government to provide information on any developments with regard to envisaged exceptions for artistic performances by children and on the procedure and conditions for granting individual permits for such performances.

Article 9, paragraph 3. Registers of employment. The Committee notes the Government’s information that, for the purpose of enforcement, the national laws or regulations or the competent authority shall prescribe the registers or documents that shall be kept by the employer. However, it notes that the Employment Act does not contain any provision requiring the employer to keep registers and documents of persons employed or working under him. The Committee also notes that section 5 of the Minimum Age (Sea) Act states that a person having command or charge of a vessel must keep a register, which contains particulars such as the full name, date of birth and the terms and conditions of service, of each person under 16 years of age employed on board the vessel. The Committee requests the Government to take the necessary measures to ensure that, in conformity with Article 9, paragraph 3, of the Convention, employers are obliged to keep registers that shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. With regard to young persons working on board vessels, the Committee asks the Government to indicate the measures taken or envisaged to ensure that the obligation of keeping a register extends to all persons below the age of 18 years.

Part V of the report form. The Committee notes the Government’s statement that there is no statistical data available on the employment of children and young persons. However, it notes the information contained in the initial report to the Committee on the Rights of the Child (CRC/C/28/Add.20) that there is no effective state regulation of the employment of children, especially the labour of children who are informally adopted into the home they call family and made to feel indebted, but 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. These children are referred to as "adopted". Much of this domestic child labour remains invisible and children have little recourse or redress. The Committee also notes that in its concluding observations (CRC/C/15/Add.229; paragraphs 57 and 58), the Committee on the Rights of the Child expressed its concern at the considerable number of working children, particularly as domestic servants, and recommended the state party to undertake an investigation into the number of children involved in domestic service. The Committee requests the Government to provide information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.