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Comments adopted by the CEACR: Papua New Guinea

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 2022, 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
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Strengthening the legal framework and law enforcement. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) stating that there had been no investigations, prosecutions or convictions for trafficking in persons. The ITUC stated that men are forced into labour in logging camps and mines and that much of the trafficking of women for the purpose of sexual exploitation took place close to camps for these industries. It further indicated that there were reports of police and border control officers receiving bribes to ignore trafficking in persons. The Committee also noted that according to the Government, there is a lack of proper legislation criminalizing trafficking in persons, although it is a serious problem in the country. Moreover, while the legislation in some manner prohibits forced labour and trafficking in persons, the provisions, which do not offer the maximum protection and penalties, are not stringent as required by Article 25 of the Convention. The Government indicated that it is addressing this issue through the adoption of the People Smuggling and Trafficking in Persons Bill.
The Committee notes an absence of information in the Government’s report on this point. Nevertheless, the Committee notes that the Criminal Code Amendment of 2013 prohibits all forms of trafficking and prescribes penalties for adult sex and labour trafficking of up to 20 years imprisonment (sections 208B–208C). The Committee also notes that in its report of 2016, the Working Group on the Universal Periodic Review of the United Nations observed that an Action Plan on Trafficking in Persons (2015–20) has been developed, as well as standard operating procedures for the identification, referral and prosecution of human trafficking cases in the country. Both the Action Plan and the standard operating procedures were awaiting Cabinet approval. (A/HRC/33/10, paragraph 16). The Committee requests the Government to provide information on the application in practice of the Criminal Code Amendment of 2013 that prohibits all forms of trafficking, including information on the investigations carried out, the prosecutions, the convictions and the penalties imposed. The Committee also requests the Government to indicate the measures taken to strengthen the capacities of the law enforcement authorities, to ensure that they are provided with appropriate training to improve identification of the victims of trafficking as well as to ensure greater coordination among these bodies. The Committee lastly requests the Government to indicate whether the Action Plan on Trafficking in Persons (2015–20) and the standard operating procedures for the identification, referral and prosecution of trafficking cases were adopted, and to provide information in this regard.
2. Protection and assistance for victims of trafficking. The Committee notes an absence of information in the Government’s report on this point. The Committee notes that the Criminal Code provides for several measures with regard to the protection of victims of trafficking, including the immunity from criminal prosecution (section 208F), and the provision of medical, psychological and material assistance (section 208G). In this regard, the Committee requests the Government to indicate the measures taken, in practice, to identify victims of trafficking in persons, and to provide them protection and assistance. The Committee also requests the Government to provide information on the number of victims who have benefited from such assistance.
Articles 1(1) and 2(1). Freedom of persons in the service of the State to terminate employment. For a number of years, the Committee has been referring to section 2.2, chapter 41 (Resignation – Officers) of the Defence Force Manual, under which the commander of the defence force may reject the resignation of an officer if, in the opinion of the commander, such resignation would seriously prejudice the ability of the defence force to carry out current or future operations. According to section 5 of the same chapter, the Defence Council may accept or reject the resignation of an officer; in the latter case the officer has the right of appeal to a higher authority. The Committee also noted the provisions of section 32 of the Defence Force Act, according to which the period of service required of a member of the defence force may be either a fixed period or a period ending when the member attains a prescribed age, and at the end of such period of service a member of the defence force is entitled to be discharged with all convenient speed from the force, except in time of war or during a defence standby, when the Defence Council may extend the period of service for a period ending not later than the end of the war or defence stand-by. It further noted the Government’s repeated statement that, with the current retrenchment exercise being carried out in the defence force, the number of the defence force members would gradually decline and voluntary discharges from the force would be allowed.
The Committee notes the Government’s indication that the Department of Labour and Industrial Relations has taken the initial steps in advising and informing the Department of Defence on inconsistencies with the Defence Force Act that is causing non-compliance with the provisions of the Convention. The Department of Defence has not yet reported on the question. The Committee hopes that the Government will take the necessary measures to bring the abovementioned provisions governing the resignation of officers of the defence force into conformity with the Convention, ensuring that career members of the armed forces fully enjoy the right to leave their service in peacetime at their own request within a reasonable period, either at specified intervals, or with previous notice.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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 2022, 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
Legislative matters. In its previous comments, the Committee had noted the Government’s indication that the new Industrial Relations Bill (IRB 2014) was undergoing a vetting process at the Government Executive Committee and the Central Agency and Consultative Council to harmonize it with other relevant legislation and that the revised Bill should be presented to Cabinet before November 2016 or early 2017 and consultations on the matter should be held in the national Tripartite Consultative Council. Noting that the last information sent by the Government through an anticipated report dates back to 5 January 2017 and that its 2018 report was not received, the Committee hopes that the Government will provide in its next report information on the outcome of these consultations and whether the IRB 2014 has been enacted.
Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee had previously requested the Government to provide information on the measures taken to ensure effective implementation of the prohibition of anti-union discrimination in practice and to provide statistics on the number of anti-union discrimination complaints brought before the competent authorities, their follow-up, sanctions and remedies imposed. Noting that the Government did not provide specific information in this regard, the Committee reiterates its previous request.
Article 4. Promotion of collective bargaining. Power of the Minister to assess collective agreements on the grounds of public interest. The Committee had previously requested the Government to take the necessary measures to bring section 50 of the Industrial Relations Bill (2011) into conformity with the principle that the approval of a collective agreement may only be refused if it has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation. While observing once again that the Government does not provide a copy of the Bill, the Committee takes note of the Government’s indication that section 50 of the IRB 2014 has been amended and that under the revised version the Attorney General is not entitled to appeal against the making of an award on the grounds of public interest.
Compulsory arbitration in cases where conciliation between the parties has failed. While recalling that it had noted the conformity of section 78 of the IRB 2014, as described by the Government, with the Convention, the Committee notes that the Government has still not clarified the content of section 79 of the IRB 2014.
The Committee trusts once again that the Government, taking into account the Committee’s comments, will ensure the full conformity of any revised legislation with the Convention. In this regard, the Committee encourages the Government to avail itself of the technical assistance of the Office, if it so wishes and requests it to provide detailed information on the process of revision of the Industrial Relations Bill.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
Articles 1 and 2 of the Convention. Definition of remuneration. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that, for years, it has been requesting the Government to take measures to ensure that both the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978: (1) contain a definition of remuneration which includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment; and (2) provide for equal remuneration for men and women for work of equal value (and not only for equal, the same or similar work), in conformity with the Convention. The Committee notes with deep concern that neither the Industrial Relations Bill nor the revision of the Employment Act of 1978 have been enacted to date. Noting that once again the latest Decent Work Country Programme 2018–22 has set as one of its top priorities the revision of the Industrial Relations Act and the Employment Act, the Committee urges the Government to avail itself of the technical assistance of the Office for this purpose in order to be in a position to report progress in the near future regarding the labour law reform, in particular with regard to the provisions which are not in conformity with the principle of the Convention.
Article 2. Methods of wage determination. In the absence of any updated information, the Committee reiterates its requests to the Government to provide: (i) information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements; (ii) copies of collective agreements including provisions on equal remuneration or on wage determinations.
Article 3. Objective job evaluation. The Committee recalls that, in response to the Government’s statement that women are part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, it had: (1) pointed out that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias; and (2) asked the Government to provide information on the appraisals of jobs conducted and the methods and criteria used both in the private and public sectors. In this regard, the Committee recalls that it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory, as skills considered to be “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey of 2012 on the fundamental Conventions, paragraph 701). In the absence of any information in this regard, the Committee again requests the Government to provide information on: (i) job evaluation methods used to determine remuneration rates in the public sector and the measures taken to ensure that they are free from gender bias; and (ii) any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work) in the private sector. Please provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.
Enforcement. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to provide information on any administrative or judicial decisions relating to equal remuneration.
Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee asks the Government once again to provide updated information on: (i) any measures taken to incorporate provisions on sexual harassment that would protect both men and women equally in the Public Service (Management) Act of 2014 and the Public Service General Order; (ii) any progress towards the revision of the Industrial Relations Act of 1962 and the Employment Act of 1978 to include provisions defining and prohibiting both quid pro quo and hostile work environment sexual harassment; and (iii) any awareness-raising activities undertaken to prevent and address sexual harassment in both the public and private sectors.
General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant to both accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government's attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
Article 1(1). Discrimination on the basis of disability, HIV status, sexual orientation and gender identity. The Committee reiterates its requests to the Government to indicate the measures taken to address cases of discrimination in employment and occupation faced by: (i) persons with disabilities, in the context of the National Policy on Disability for 2015–25; (ii) persons living, or perceived to be living, with HIV; and (iii) lesbian, gay, bisexual, transgender and intersex persons. The Committee also asks the Government to provide concrete information on the activities of the National AIDS Council Secretariat.
Article 2. Equality of opportunity and treatment between men and women. Access of rural women to particular occupations. The Committee notes that, according to the Decent Work Country Programme (2018-2022), about 88 per cent of the population lives in rural areas and their livelihoods are primarily based on subsistence agriculture and small-scale sales of cash crops in the informal economy. It further notes that a key factor in labour force participation and employment rates for women is their engagement in agriculture and fishing for household consumption in rural areas and that self- employment in the informal sector – particularly in subsistence agriculture – remains the dominant economic activity in the rural economy, especially for women. The Committee once again asks the Government to provide information on the measures taken or envisaged: (i) to increase the access of rural women to income-generating opportunities; and (ii) to improve women’s access to credit, loans and land, in particular those in rural areas, with a view to allowing them to access occupations on an equal footing with men. It also asks the Government to provide information on the impact of the measures implemented.
Article 3(e). Access to of women and girls to education and vocational training. The Committee recalls that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations. The Committee asks the Government to provide information on: (i) any measures taken or envisaged to improve the participation rates of women and girls in vocational training and education, such as for example measures to actively combat gender bias and stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs; (ii) the distribution of men and women in different educational and vocational training institutions, with an indication of the areas in which they are taking courses; and (iii) the steps taken or envisaged to increase the number of male and female graduates in a wider variety of areas, particularly those in which they are traditionally under-represented.
Article 5. Special measures of protection. The Committee recalls that, for a number of years, it has been drawing the Government’s attention to sections 98 and 99 of the Employment Act of 1978 prohibiting the employment of women in, among other areas of work, heavy labour and night work. It considers that protection measures should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures are necessary to ensure that women can access these types for employment on an equal footing with men, such as improved health protection for both men and women, adequate transportation and security, as well as social services (2012 General Survey on the fundamental Conventions, paragraph 840). Consequently, the Committee asks again the Government to take the opportunity provided by the revision of the Employment Act of 1978 to amend sections 98 and 99 of the Act, so as to ensure that protective measures for women are strictly limited to maternity protection. It asks the Government to provide information on any progress made in this regard.
Awareness-raising and enforcement. The Committee urges the Government to take measures to increase the awareness and knowledge of the principles of the Convention among those responsible for monitoring and enforcing those principles, and the general public. The Committee asks the Government to provide information on any cases reported to or detected by the labour inspectors regarding discrimination in employment and occupation and on any judicial and administrative decisions on this matter.
Statistics. The Committee recalls the importance of appropriate data and statistics in determining the nature, extent and causes of existing inequalities, and to monitor the impact of measures taken, and the progress achieved over time. The Committee once again urges the Government to compile and analyse statistics, disaggregated by sex, ethnic origin and occupational category, on the participation in the labour market of men and women in the public and private sectors.

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee recalls that the Government indicated previously that section 8 of the final draft of the Industrial Relations Bill would prohibit direct and indirect discrimination on the grounds of race, colour, sex, religion, pregnancy, political opinion, ethnic origin, national extraction or social origin, against an employee or applicant for employment or in any employment policy or practice. At the time, the Government also stated that it would report any development regarding the revision of sections 97–100 of the Employment Act, 1978, which only prohibit sex-based discrimination against women. The Committee notes that none of these Bills has yet been enacted, despite the fact that the latest Decent Work Country Programme (2018–22), in the same way as the previous ones, has set as a priority the enactment of the Industrial Relations Bill and the revision of the Employment Act through the adoption of a new Employment Relations Bill. In this regard, the Committee observes that, according to the United Nations Development Programme Country Programme 2018–22, the country’s instability is impeding progress towards the elaboration and promulgation of revised laws. While acknowledging the difficult situation prevailing in the country, the Committee asks the Government to act expeditiously to review and amend these laws, in collaboration with workers’ and employers’ organizations, in order to bring them into line with the requirements of the Convention and to provide information on any progress made in this regard.
Discrimination on the ground of sex. Public service. The Committee recalls that in its last comment it noted that the new Public Services (Management) Act adopted in 2014 maintains the discriminatory impact of section 36(2)(c)(iv) of the Public Services (Management) Act 1995 and allows employers to advertise for candidates indicating that only males or females will be appointed, promoted or transferred in “particular proportions”. It also noted that section 20.64 of General Order No. 20, as well as section 137 of the Teaching Services Act 1988, which provide that a female official or female teacher is only entitled to certain allowances for her husband and children if she is the breadwinner (a female officer or female teacher is considered to be the breadwinner only if she is single or divorced, or if her spouse is medically infirm, a student or certified unemployed) had not been modified. In the absence of any information on this point, the Committee urges the Government to review and amend these laws to bring them into conformity with the Convention.
Article 2. National equality policy. In its previous comments, the Committee, noting that the issue of gender equality in employment and occupation seems to be addressed in some sections of the National Public Service Policy on Gender Equity and Social Inclusion of 2013 and the National Policy for Women and Gender Equality 2011–15, emphasized that it is essential for attention be given to all the grounds of discrimination set out in the Convention in formulating and implementing a national equality policy (2012 General Survey on the fundamental Conventions, paragraphs 848–849).  In the absence of information in this regard, the Committee once again urges the Government to provide full particulars on the specific measures taken or envisaged, in collaboration with workers’ and employers’ organizations, to develop and implement a national policy aimed at ensuring and promoting equality of opportunity and treatment in employment and occupation on all the grounds enumerated in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin).
The Committee is raising other matters in a request addressed directly to the Government.

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 2022, 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
Articles 1 and 2 of the Convention. Formulation of a national employment policy and poverty reduction strategy. The Committee notes the information provided by the Government in a report received in September 2012 in reply to the 2010 direct request. The Government recalls that employment has been identified in Papua New Guinea as an important part of the developmental agenda under the Government’s long-term plan “Vision 2050”. While an employment-focused policy has not yet been formulated, the Government indicates that in 2012, the Department of Labour and Industrial Relations requested ILO assistance concerning the formulation of a national employment policy. It adds that it does not currently have a policy that can guide employment creation. The Government reports that through the ILO’s Labour Governance and Migration Project, funded under the ILO–Australia Partnership Agreement, Massey University was invited to complete a situational analysis of different sectors and policies in the country, with a view to establishing a clear way forward on how the policy can be formulated, what it needs to target and possible concentration areas. The situational analysis will be presented to a wide range of stakeholders before the way forward of this policy is established. The Government anticipates that the employment policy should be endorsed in early 2013, which will then address all the issues provided in Convention No. 122. The Committee hopes that the Government will be able to supply information in its next report with respect to an explicit formal pronouncement for an active employment policy and poverty reduction strategy in line with the Convention. It also invites the Government to provide details on the assistance received concerning the formulation of a national employment policy. Please also provide information on how the national employment policy will be coordinated with other policies, in conformity with Article 1(3) of the Convention.
Labour market information system. The Government indicates that the Labour Market Information System (LMIS) is in place but the cost component of technical and system set up is excessive. It adds that this is not, however, a limiting factor to the collection and usage of labour market statistics. The Committee requests the Government to provide in its next report up-to-date information on trends in the labour market, particularly regarding the general situation, levels and trends relating to employment, unemployment and underemployment throughout the country.
Vulnerable categories of workers. Youth employment. The Government indicates that youth employment is a priority for the National Employment Services Division of the Department of Labour and Industrial Relations, and the Division is collaborating with the National Youth Commission to address this issue. It also indicates that a Symposium on youth employment was held in the Madang Province in April 2012, which included an outcome transmitted to stakeholders. The Committee once again invites the Government to provide information on measures taken and their impact in assisting vulnerable categories of workers including women, young workers, older workers and workers with disabilities to find lasting employment. It also invites the Government to continue to provide information on the results of job creation and the integration of young people in the labour market as a result of ILO technical assistance.
Labour market measures and training. The Government indicates that progress in the way of modernization is being made in the National Apprenticeship Trade Testing Board, the National Training Council, and also the Independent Fellowship Scheme, all within the Ministry of Labour and Industrial Relations, as well as the Office of Higher Education and the Technical and Vocational Training of the Department of Education. The Government reports that along with the boom in national resources development which demands a high number of skilled workers, all agencies responsible for the skilling and empowering of the working population are required under the Government’s “Vision 2050” to work together to ensure that the population is appropriately skilled to assist in the development of the country. The Committee invites the Government to provide information on the outcome of measures taken by agencies responsible for education and training and their impact in providing prospective employment opportunities to the beneficiaries of vocational education and training schemes.
Article 3. Consultation of the representatives of the persons affected. The Government indicates that the membership of the National Tripartite Consultative Council (NTCC) remains an area of concern when it comes to the representation of the working population. It reiterates that NTCC membership is industry based, without representation from the rural sector and informal economy. The Committee recalls that Article 3 of the Convention requires consultations with representatives of all persons affected by measures to be taken, and particularly representatives of employers and workers, in the formulation and implementation of employment policies. It is the joint responsibility of the Government and the representative organizations of employers and workers to ensure that representatives of the most vulnerable and marginalized groups of the active population are associated as closely as possible with the formulation and implementation of measures which they should be the prime beneficiaries. The Committee invites the Government to provide in its next report detailed information in this regard. Please also include how greater participation of workers from both the rural sector and the informal economy can be secured within the formal consultative process in formulating and enlisting support for employment policies.

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

C158 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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 2022, 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. For a number of years, the Committee has requested information concerning the ongoing revision of the Industrial Relations Bill which, according to the Government’s 2013 report, includes provisions on termination of employment with the objective of giving effect to the Convention. In its reply to the Committee’s previous comments, the Government indicates that the draft Industrial Relations Bill is still pending with the Department of Labour and Industrial Relations and is undergoing final technical consultations. The Government adds that the Department of Labour and Industrial Relations Technical Working Committee has carried out various consultations with national stakeholders, such as the Department Attorney General’s Office, the Office of the Solicitor General, the Constitution Law Reform Commission, the Department of Personnel Management, the Department of Treasury and the Department of Planning, Trade Commerce and Industry, as well as with external technical partners, including the ILO. Referring to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the new legislation gives full effect to the provisions of the Convention. It also reiterates its request that the Government provide a detailed report to the ILO and a copy of the legislation as soon as it is enacted, so as to enable the Committee to examine its compliance with the Convention.
The Committee expects that the Government will make every effort to take the necessary action in the near future.
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