Country profile PNG
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/normlex-permalink/comment/en/4419331"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | As of the latest CEACR observation, Papua New Guinea has not yet adopted a national list of hazardous work prohibited for persons under 18. The Government has indicated that this issue will be addressed through the ongoing review of the Employment Act and proposed OSH legislation. The National Action Plan (NAP) against child labour also includes the development of such a list among its objectives. |
| Minimum age for hazardous work | 1978 | C138 & C182 | Employment Act 1978 - Section 104(1) | [{"link_name":"-Employment Act 1978","source_link":"https://www.dpm.gov.pg/wp-content/uploads/2019/01/Employment-Act-1978.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4419331,103487"}] | 16 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 104(1) of the 1978 Employment Act prohibits the employment of persons under 16 in work or conditions likely to be injurious to health, but does not prohibit hazardous work for children aged 16–17, which contradicts Article 3(1) of C138 requiring a minimum age of 18. The CEACR has urged Papua New Guinea to raise the minimum age and adopt a list of hazardous work prohibited to persons under 18. These reforms are pending under the Employment Act review and OSH legislation. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2013 | C182 | Criminal Code (Amendment) Act 2013 - 208C(2) | [{"link_name":"-Criminal Code (Amendment) Act 2013","source_link":"https://www.parliament.gov.pg/uploads/acts/13A_30.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4419340,103487"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | While section 208C(2) of the Criminal Code (Amendment) Act 2013 criminalises trafficking in persons under 18 for exploitation, including slavery and similar practices, it does not explicitly prohibit the use, procuring, or offering of children for illicit activities such as the production and trafficking of drugs. The CEACR has urged the Government to adopt clear legal measures that specifically prohibit this form of exploitation, as required by Article 3(c) of Convention No. 182. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2002 | C182 | Criminal Code (Sexual Offences and Crimes Against Children) Act 2002 - Sections 229J–229O and 229R–229T | [{"link_name":"Criminal Code (Sexual Offences and Crimes Against Children) Act 2002","source_link":"http://www.paclii.org/pg/legis/num_act/ccoacaca2002462.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Papua New Guinea criminalises commercial sexual exploitation of children under age 18 through the Sexual Offences and Crimes Against Children Act 2002 under sections 229J–229O and 229R–229T of the Criminal Code. Sections 229J–229O prohibit prostitution involving minors. Sections 229R–229T explicitly prohibit using children in pornographic materials—whether producing, distributing, or possessing child pornography—punishable by up to 15 years’ imprisonment. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1974 | C182 | Defence Act 1974 - Section 30 | [{"link_name":"Defence Act 1974","source_link":"https://andyreiter.com/wp-content/uploads/military-justice/pg/Laws%20and%20Decrees/Papua%20New%20Guinea%20-%201974%20-%20Defence%20Act%20with%20Amendments%20through%201986.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 30 of the Defence Act 1974 sets the minimum age for voluntary military enlistment at 16 (with parental consent) and prohibits deployment of persons under 18 to combat. There is no clause providing for compulsory military service (conscription). |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2013 | C182 | Criminal Code Act (Chapter 262), as amended by the Criminal Code (Amendment) Act 2013 - Sections 208C(2), 208E | [{"link_name":"Criminal Code Act (Chapter 262), as amended by the Criminal Code (Amendment) Act 2013","source_link":"https://www.parliament.gov.pg/uploads/acts/13A_30.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Section 208C(2) of the Criminal Code, as amended by the 2013 Act, criminalises the recruitment, transportation, transfer, harbouring, concealment or receipt of any person under 18 years for the purpose of exploitation. Exploitation is broadly defined in section 208E to include sexual exploitation, forced labour, slavery or servitude. The legislation prohibits the trafficking of both boys and girls for sexual and labour purposes and establishes penalties of up to 25 years’ imprisonment. This amendment addressed prior gaps by explicitly covering labour exploitation and extending protections to all children under 18. |
| Minimum age for admission to apprenticeship | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"-"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | There is no specific legislation or regulation identified in Papua New Guinea explicitly addressing the conditions for admission to apprenticeship in accordance with the requirements of Article 6 of Convention No. 138. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1983 | C138 | Education Act 1983 | [{"link_name":"Education Act 1983","source_link":"https://www.education.gov.pg/admin/images/products/f93640d828f375dae099cd347cca4c1f.pdf"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | There is no provision in the Education Act 1983 that specifies the age of completion of compulsory education, nor is there any legislation making education compulsory in Papua New Guinea. This undermines the requirement of C138 to align the minimum age of admission to work with the age of completion of compulsory education. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://www.ilo.org/normlex-permalink/comment/en/4419328"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Section 79(2) of the draft Employment Relations Bill provides that the Minister shall prescribe by regulation the requirements for light work, including permissible times and hours of work, the activities that may be carried out, and the conditions under which these activities may be performed. However, as of the latest report, this bill has not been enacted, and no such regulation is currently in force. |
| Minimum age for light work | 1978 | C138 | Employment Act 1978 - Section 103(2) | [{"link_name":"-Employment Act 1978","source_link":"https://www.dpm.gov.pg/wp-content/uploads/2019/01/Employment-Act-1978.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://www.ilo.org/normlex-permalink/comment/en/4419328"}] | 11 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | The current legal framework, section 103(2) of the Employment Act 1978, permits children to engage in light work from the age of 11. However, this is not in conformity with Article 7 of Convention No. 138. The Committee of Experts has urged Papua New Guinea to raise the minimum age for light work to at least 13. A draft Employment Relations Bill proposes to set the minimum age for light work at 14 or 15, aligning with international standards. |
| Minimum age for admission to work | 1978; 1972 | C138 | Employment Act 1978 - Section 103(4) ; Minimum Age (Sea) Act 1972 - Section 6 | [{"link_name":"-Employment Act 1978","source_link":"https://www.dpm.gov.pg/wp-content/uploads/2019/01/Employment-Act-1978.pdf"},{"link_name":"-Minimum Age (Sea) Act 1972","source_link":"http://paclii.org/pg/legis/PG-consol_act_1986/maa138.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4419331,103487"}] | No | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | While Papua New Guinea declared 16 as the minimum age for employment upon ratifying C138, its national legislation is not fully aligned. Section 103(4) of the Employment Act 1978 permits employment of children above 14 during school hours if they are no longer attending school. Similarly, under section 6 of the Minimum Age (Sea) Act 1972, children over 15 may work at sea, and section 7 allows children above 14 to work at sea with approval from the Director of Education if deemed beneficial to the child. These exceptions fall below the minimum standard required by the Convention. The ILO Committee of Experts has repeatedly urged Papua New Guinea to harmonise these provisions with its declared minimum age of 16. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 02-JUN-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 02-JUN-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| This plan provides a comprehensive framework to address and eliminate child labour—especially its worst forms—through coordinated efforts at national and subnational levels. It emphasizes prevention, protection, rehabilitation, reintegration of affected children, and capacity-building among government agencies, employers, labour groups, and communities. | [{"link_name":"National Action Plan to Eliminate Child Labour","source_link":"https://www.ilo.org/sites/default/files/wcmsp5/groups/public/%40asia/%40ro-bangkok/%40ilo-suva/documents/publication/wcms_360536.pdf"}] | 2017–2020 | National Action Plan to Eliminate Child Labour | Department of Labour and Industrial Relations (DLIR), in partnership with Ministry of Community Development, National Council for Child and Family Services, and non-governmental organisations |
| The policy provides a ten‑year national framework to ensure the safety and wellbeing of children in Papua New Guinea. It mandates comprehensive coordination among government agencies, including the National Office for Child and Family Services, to strengthen child protection laws, improve data collection, expand support services (such as child-care centres), and eliminate violence, abuse, neglect, trafficking, and exploitation in all forms. | [{"link_name":"National Child Protection Policy","source_link":"https://www.unicef.org/png/media/3111/file/Executive%20Summary%20-%20The%20Protection%20of%20Children%20from%20all%20forms%20of%20violence%20and%20Child%20Focused%20Justice%20in%20Papua%20New%20Guinea.pdf"}] | 2017–2027 | National Child Protection Policy (2017–2027) | National Office for Child and Family Services (under the Department for Community Development and Religion) |