Findings on the Worst Forms of Child Labor - Niue

2014 Findings on the Worst Forms of Child Labor:

Niue

Minimal Advancement

In 2014, Niue made a minimal advancement in efforts to prevent the worst forms of child labor. The Government participated in UNDAF Pacific, which includes youth initiatives related to livelihood opportunities and food security in Niue. 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. Niue's Terrorism Suppression and Transnational Crimes Act of 2006 specifically address trafficking in children. There is no law addressing other forms of commercial sexual exploitation of children, nor is there a law prohibiting hazardous work or activities for children. There is no established minimum age for labor, and research has not identified any laws that prohibit the use of children for drug trafficking or other illicit activities.

 

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

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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, 3)

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)

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 orActivities for Children

No

 

 

Prohibition of Forced Labor

No

 

 

Prohibition of Child Trafficking

Yes

 

Article 37 of the Terrorism Suppression and Transnational Crimes Act 2006 (5)

Prohibition of Commercial Sexual Exploitation of Children

No

 

 

Prohibition of Using Children in Illicit Activities

No

 

 

Minimum Age for Compulsory MilitaryRecruitment

N/A*

 

 

Minimum Age for Voluntary Military Service

Yes

17

Government of New Zealand's general army requirement at Article 33 of the Defense Act 1990 (6)

Compulsory Education Age

Yes

16

Article 2 and 24 of the Education Act 1989 (7)

Free Public Education

Yes

 

Article 19 of the Education Act 1989 (7)

* No conscription (8)

 

 

 

In Niue, children under age 16 are prohibited from working in the public sector.(9) The Niue Public Service Regulations prohibit the appointment of permanent employment of any person under age 18.(10) However, children who are not in a permanent employment in public service are vulnerable to child labor, including its worst forms. There are no labor laws and no established minimum age for labor.(1, 9) There also is no law prohibiting hazardous work or activities for children.(1, 9)

The Terrorism Suppression and Transnational Crimes Act 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.

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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 laws.(1)

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Even though there is no evidence of a problem, the Government has established institutional mechanisms to address children's rights and protection (Table 4).

Table 4. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role and Description

The National Coordinating Committee for the Convention on the Rights of the Child

Coordinate and monitor implementation of national policies related to children's rights and protections. Chaired by the Minister of Health and includes representatives from the Departments of Education, Crown Law, Community Affairs, Justice, Statistics, and Environment.(1, 9)

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Even though there is no evidence of a problem, the Government of Niue has established policies related to child labor, including its worst forms (Table5).

Table 5. Policies Related to Child Labor

Program

Description

United Nations Development Assistance Framework for the UNDAF Pacific (2013–2017)

Promotes sustainable development and economic growth for vulnerable groups in 14Pacific Island Countries and Territories: Cook Islands, Fiji, Federated States of Micronesia, Kiribati, Nauru, Niue, Palau, Marshall Islands, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu, and Vanuatu.(11) In Niue, includes different youth initiatives related to livelihood opportunities and food security.(12)

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

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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 6. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Enact a labor law to include a minimum age for labor and ensure legal protection for working children.

2013–2014

Enact new legislation prohibiting hazardous occupations or activities for children under age 18.

2013–2014

Enact new legislation to protect children from commercial sexual exploitation, drug trafficking, and illicit activities.

2013–2014

 

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