Findings on the Worst Forms of Child Labor - Niue

Child Labor and Forced Labor Reports

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Niue

2023 Findings on the Worst Forms of Child Labor:

English

No Advancement

Although research found no evidence that child labor exists in Niue, in 2023, the government made no advancement in efforts to prevent the worst forms of child labor. The government has not established adequate legal protections to prevent the worst forms of child labor. For instance, the law does not criminally prohibit the use, procuring, or offering of a child for prostitution; the production of pornography, or pornographic performances, or the use of children for illicit activities, including for the production and trafficking of drugs. In addition, Niue has not established a minimum age for work and lacks a law that prohibits hazardous occupations and activities for children.

**Laws and Regulations on Child Labor**

Niue is self-governing in free association with New Zealand. 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. Niue has not ratified ILO Convention 182 on the Worst Forms of Child Labor; the UN Convention on the Rights of the Child (CRC); the UN CRC Optional Protocol on Armed Conflict; the UN CRC Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography; or the Palermo Protocol on Trafficking in Persons. Niue's laws do not meet international standards for the minimum age for work, the minimum age for hazardous work, or the identification of hazardous occupations or activities prohibited for children.
Standard	Age	Meets International Standards	Legislation
Minimum Age for Work		✗	Article 24 of the Niue Public Service Regulations
Minimum Age for Hazardous Work		✗
Identification of Hazardous Occupations or Activities Prohibited for Children		✗
Prohibition of Slavery, Debt Bondage, and Forced Labor		✗	Articles 3 and 37 of the Terrorism Suppression and Transnational Crimes Act
Prohibition of Child Trafficking		✗	Articles 3 and 37 of the Terrorism Suppression and Transnational Crimes Act
Prohibition of Commercial Sexual Exploitation of Children		✗	Articles 3 and 37 of the Terrorism Suppression and Transnational Crimes Act
Prohibition of Using Children in Illicit Activities		✗
Minimum Age for Voluntary State Military Recruitment	17	✓	Article 33 of the Government of New Zealand’s Defense Act
Prohibition of Compulsory Recruitment of Children by (State) Military		N/A*†
Prohibition of Military Recruitment by Non-state Armed Groups		✗
Compulsory Education Age	16	✓	Articles 2 and 24 of the Education Act
Free Public Education		✓	Article 19 of the Education Act

* Country has no conscription
† Country has no standing military

Niue’s Public Service Regulations prohibit the permanent employment in public service of any person under age 18, but a minimum age for work in the private sector has not been established. Niue also has not determined the minimum age for hazardous work nor the types of work that are hazardous for children. Furthermore, the government does not prohibit slavery or slavery-like practices such as forced labor. Niue’s human trafficking provision does not clearly criminalize domestic trafficking or the trafficking of children in the absence of force, fraud, or coercion. In addition, the government does not criminalize the use, procuring, or offering of children for prostitution, pornography, or pornographic performances. Niue has not specifically criminalized the use of children in illicit activities, including in the production and trafficking of drugs. Finally, although there are no armed forces in Niue, the law does not criminally prohibit non-state armed groups from recruiting children under age 18.

**Agencies Responsible for Child Labor Law Enforcement**

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. However, Niue has established an institutional mechanism for the enforcement of laws and regulations on child labor.
Organization/Agency \| Role & Activities
Niue Police Department: Enforces laws related to child labor.

**Key Mechanism to Coordinate Government Efforts on Child Labor**

As there is no evidence of a problem, there appears to be no need for mechanisms to coordinate efforts to address child labor. However, Niue established a mechanism to coordinate its efforts to prevent child labor.
Coordinating Body \| Role & Activities
National Coordinating Committee on the UN Convention on the Rights of the Child: Monitors and implements child protection policies, including policies related to child labor.

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

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

**Suggested Government Actions to Eliminate Child Labor**

The suggested government actions below would close gaps USDOL has identified in Niue’s implementation of its international commitments to eliminate the worst forms of child labor.
Area	Suggested Action
Legal Framework	Ratify ILO Convention 182, the convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor.
	Ratify the UN Convention on the Rights of the Child Optional Protocol on Armed Conflict.
	Ratify the UN Convention on the Rights of the Child Optional Protocol on the Sale of Children.
	Ratify the Palermo Protocol on Trafficking in Persons.
	Establish a minimum age for work of at least age 16 that equals the compulsory education age.
	Establish age 18 as the minimum age for hazardous work and identify hazardous occupations and activities prohibited for children.
	Ensure that laws criminally prohibit forced labor, including debt bondage and slavery.
	Ensure that laws criminally prohibit the trafficking of children domestically and internationally for commercial sexual exploitation and forced labor, and do not require that the use of force, fraud, or coercion be established for the crime of human trafficking.
	Ensure that laws criminally prohibit the use, procuring, and offering of a child for prostitution, the production of pornography, and pornographic performances.
	Ensure that laws criminally prohibit the use of children in illicit activities, including in the production and trafficking of drugs.
	Ensure that the law criminally prohibits the forced or compulsory recruitment of children under age 18 into non-state armed groups.

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