2013 Findings on the Worst Forms of Child Labor
For the 2013 reporting period, no assessment has been made regarding Niue's efforts to advance the prevention of the worst forms of child labor because this 2013 report is the first year suggested actions are included for Niue. While there is no evidence of a problem, the Government has not established adequate legal protection to prevent the worst forms of child labor. Niue's Terrorism Suppression and Transnational Crimes Act of 2006 specifically address child prostitution. However, there is no law addressing other forms of commercial sexual exploitation of children nor is there an established minimum age for labor and comprehensive list of hazardous work prohibited to children. Additionally, research has not identified any laws that prohibit the use of children for drug trafficking or other illicit activities.
Research found no evidence that child labor exists in Niue.(1)
Since 1988, no treaty signed, ratified, accepted, approved, or acceded to by New Zealand extends to Niue, unless it was done expressly on behalf of Niue.(4)
The following convention has been ratified by Niue (Table 1).
|ILO C. 138, Minimum Age|
|ILO C. 182, Worst Forms of Child Labor|
|UN CRC Optional Protocol on Armed Conflict|
|UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography|
|Palermo Protocol on Trafficking in Persons|
The Government has established a few relevant laws and regulations related to child labor, including its worst forms (Table 2).
|Minimum Age for Work||No|
|Minimum Age for Hazardous Work||No|
|List of Hazardous Occupations Prohibited for Children||No|
|Prohibition of Forced Labor||No|
|Prohibition of Child Trafficking||Yes||Terrorism Suppression and Transnational Crimes Act (5)|
|Prohibition of Commercial Sexual Exploitation of Children||No|
|Prohibition of Using Children in Illicit Activities||No|
|Minimum Age for Compulsory Military Recruitment||No|
|Minimum Age for Voluntary Military Service||Yes||17||Minimum Entry Requirements- Army Generic Requirements for New Zealand (2, 3, 6)|
|Compulsory Education Age||Yes||16||Education Act (7)|
|Free Public Education||Yes||Education Act (7)|
In Niue, children under the age of 16 are prohibited from working in the public sector, but they can help with family businesses.(8) There are, however, no labor laws and no established minimum age for labor.(8) There also is no comprehensive list of hazardous work prohibited to children.(1, 8)
The Terrorism Suppression and Transnational Crimes Act of 2006 makes it an offense to traffic children, and any person convicted of this offense may be imprisoned for a term not to exceed 20 years.(5) Research, however, has not identified whether there are laws that specifically address child prostitution and other forms of commercial sexual exploitation of children, such as pornography. Research also has not identified whether laws exist regarding the use of children for drug trafficking or other illicit activities.
As there is no evidence of a problem, there appears to be no need for enforcement actions to address child labor, including its worst forms in Niue.
Even though there is no evidence of a problem, the Government has established institutional mechanisms to address children's rights and protection (Table 3).
|Coordinating Body||Role & Description|
|The National Coordinating Committee for the Convention on the Rights of the Child (NCCCRC)||Coordinate and monitor implementation of national policies related to children's rights and protections.(1, 8) Chaired by the Minister of Health and includes representatives from the Departments of Education, Crown Law, Community Affairs, Justice, Statistics, and Environment.(1, 8)|
As there is no evidence of a problem, there appears to be no need for policies to address child labor, including its worst forms, in Niue.
As there is no evidence of a problem, there appears to be no need for social programs to address child labor, including its worst forms, in Niue.
Based on the reporting above, the following actions would advance the continued prevention of child labor including its worst forms, in Niue (Table 4).
|Area||Suggested Action||Year(s) Suggested|
|Laws||Enact a labor law to include a minimum age for labor and hazardous work and ensure legal protection for working children.||2013|
|Complete and adopt the list of hazardous activities prohibited for children under age 18.||2013|
|Enact new legislation to protect children from commercial sexual exploitation, drug trafficking, and illicit activities.||2013|
6. Child Soldiers International. "Appendix II: Data Summary on Recruitment Ages of National Armies," in Louder than Words: An Agenda for Action to End State Use of Child Soldiers. London; September 2012; http://www.child-soldiers.org/global_report_reader.php?id=562.