Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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.