Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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.