Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

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.