Findings on the Worst Forms of Child Labor - Niue

Child Labor and Forced Labor Reports

Niue

2015 Findings on the Worst Forms of Child Labor:

No Advancement

In 2015, Niue made no advancement in efforts to prevent the worst forms of child labor. While there is no evidence of a child labor problem, the Government has not established adequate legal protection to prevent the worst forms of child labor. The law does not criminally prohibit the possession, distribution, and sale of child pornography or the use of children for illicit activities, including for the production and trafficking of drugs. In addition, Niue lacks a law that prohibits hazardous occupations and activities for children.

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Research found no evidence that child labor, including its worst forms, exists in Niue.(1)

Niue is a self-governing territory of New Zealand and does not follow New Zealand laws. There are no armed forces in Niue, as New Zealand is responsible for Niue’s defense.(2-4)

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.(1)

Niue has ratified one key international convention concerning child labor (Table 1).

Table 1. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

N/A

ILO C. 182, Worst Forms of Child Labor

N/A

UN CRC

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 laws and regulations related to child labor, including its worst forms (Table 2).

Table 2. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

No

 

 

Minimum Age for Hazardous Work

No

 

 

Prohibition of Hazardous Occupations or Activities for Children

No

 

 

Prohibition of Forced Labor

Yes

 

Article 37 of the Terrorism Suppression and Transnational Crimes Act (5)

Prohibition of Child Trafficking

Yes

 

Article 37 of the 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

N/A*†

 

 

Minimum Age for Voluntary Military Service

Yes

17

Government of New Zealand’s general army requirement in Article 33 of the Defense Act (6)

Compulsory Education Age

Yes

16

Articles 2 and 24 of the Education Act (7)

Free Public Education

Yes

 

Article 19 of the Education Act (7)

* No conscription (8)
† No standing military (1)

Although Niue’s Public Service Regulations prohibit the permanent employment of any person under age 18 in public service, minimum age protections do not apply to children working in the private sector.(9) In addition, Niue has not determined by national law or regulation the types of hazardous work prohibited for children.(1, 10)

Laws related to forced labor are not sufficient as only trafficking in persons, and not debt bondage or slavery, is prohibited. Laws prohibiting child trafficking are also insufficient because they include a force, abduction, fraud, or coercion element. (6) Commercial sexual exploitation of children, including the use or offering of a child for prostitution or pornography, is not criminally prohibited. In addition, the possession, distribution, or sale of child pornography is not criminally prohibited. Research also has not identified laws regarding the use of children for illicit activities, including for the production and trafficking of drugs.

Even though there is no evidence of a problem, the Government has established institutional mechanisms to monitor the implementation of child labor laws in Niue (Table 3).

Table 3. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Niue Police Department

Enforce all laws, including those related to child labor, including its worst forms.(1)

Department of Justice

Investigate crimes specific to women and children, including cases involving the worst forms of child labor.(1)

 

As there is no evidence of a problem, there appears to be no need for mechanisms to coordinate efforts to address child labor, including its worst forms.

As there is no evidence of a problem, there appears to be no need for policies to address child labor, including its worst forms.

As there is no evidence of a problem, there appears to be no need for programs to address child labor, including its worst forms.

Based on the reporting above, the following actions would advance the continued prevention of child labor, including its worst forms, in Niue (Table 6).

Table 4. Suggested Government Actions to Prevent Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Enact a minimum age for work in compliance with international standards.

2013 – 2015

Determine the types of hazardous work prohibited for children under 18 in consultation with employers’ and workers’ organizations.

2013 – 2015

Ensure that laws criminally prohibit the use of children for illicit activities, including for the production and distribution of drugs.

2013 – 2015

Ensure that laws criminally prohibit child commercial sexual exploitation, including prostitution and the possession, distribution, and sale of child pornography.

2013 – 2015

 

 

1.         U.S. Embassy- Wellington. reporting, January 15, 2016.

2.         Central Intelligence Agency. The World Fact Book: Niue, CIA, [online] [cited April 11, 2014]; https://www.cia.gov/library/publications/the-world-factbook/geos/ne.html.

3.         Government of Niue. Niue Constitution Act 1974, enacted October 19, 1974. http://www.paclii.org/nu/legis/num_act/ca1974188/index.html.

4.         Minimum Entry Requirements- Army Generic Requirements for New Zealand, Government of New Zealand, [online] [cited August 8, 2013]; http://www.defencecareers.mil.nz/army/joining-up/am-i-eligible/minimum-entry-requirements.

5.         Government of Niue,. Terrorism Suppression and Transnational Crimes Act 2006, enacted 2006. http://www.paclii.org/nu/legis/consol_act/tsatca2006529/.

6.         Government of New Zealand. Defence Act of 1990, 1990 No 28, enacted April 1, 1990. http://www.legislation.govt.nz/act/public/1990/0028/latest/DLM204973.html

7.         Government of Niue,. Education Act 1989, enacted 1989.

8.         Government of New Zealand. Declaration to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict; November 12, 2001. http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPACCRC.aspx.

9.         Government of Niue. Public Service Regulations 2004, enacted July 15, 2004. http://www.paclii.org/nu/legis/consol_sub/psr2004261/.

10.       UN Committee on the Rights of the Child. Concluding observations on the initial report of Niue, adopted by the Committe at its sixty-second session. 2013. http://www2.ohchr.org/English/bodies/crc/docs/co/CRC_C_NIU_CO_1.doc.

 

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