Findings on the Worst Forms of Child Labor - Niue

Child Labor and Forced Labor Reports

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Niue

2020 Findings on the Worst Forms of Child Labor:

English

No Advancement

Although research found no evidence that child labor exists in Niue, in 2020 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. 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.

Research found no evidence that child labor exists in Niue. Table 1 provides one key indicator on children's education in Niue. Data on key indicators on children’s work are not available from the sources used in this report.

**Table 1. Statistics on Children's Work and Education**
Children	Age	Percent
Primary Completion Rate (%)		111.5

Source for primary completion rate: Data from 2016, published by UNESCO Institute for Statistics, 2021. (1)

Niue is self-governing in free association with New Zealand and is fully responsible for its internal affairs. (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. (3) Niue has ratified one key international convention concerning child labor (Table 2).

**Table 3. Ratification of International Conventions on Child Labor**
Convention	Ratification
ILO C. 138, Minimum Age
ILO C. 182, Worst Forms of Child Labor
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 (Table 3). However, gaps exist in Niue's legal framework to adequately protect children from the worst forms of child labor, including the prohibition of using children in illicit activities.

**Table 4. Laws and Regulations on Child Labor**
Standard	Meets International Standards	Age	Legislation
Minimum Age for Work	No		Article 24 of the Niue Public Service Regulations (4)
Minimum Age for Hazardous Work	No
Identification of Hazardous Occupations or Activities Prohibited for Children	No
Prohibition of Forced Labor	No
Prohibition of Child Trafficking	No		Articles 3 and 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 Voluntary State Military Recruitment	Yes	17	Article 33 of the Government of New Zealand’s Defence Act (6)
Prohibition of Compulsory Recruitment of Children by (State) Military	N/A*†
Prohibition of Military Recruitment by Non-state Armed Groups	No
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 (9)

Although Niue’s Public Service Regulations prohibit the permanent employment of any person under age 18 in public service, a minimum age for work in the private sector has not been established. (4,10) Niue has not determined the types of work that are hazardous for children. The government also does not prohibit slavery or slavery-like practices such as forced labor. (11) Niue’s human trafficking provision does not clearly criminalize domestic trafficking or the trafficking of children in the absence of force, fraud, or coercion. (5) In addition, the government does not criminalize the use, procuring, or offering of children for prostitution, pornography, or pornographic performances. Niue has also not criminalized the use of children in illicit activities, including in the production and trafficking of drugs. (10) Although there are no armed forces in Niue, the law does not criminally prohibit non-state armed groups from recruiting children under age 18. (10) New Zealand is responsible for Niue's defense at the territory's request and consultation. (6,9)

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, the Government of Niue has established relevant institutional mechanisms for the enforcement of laws and regulations on child labor (Table 4).

**Table 5. Agencies Responsible for Child Labor Law Enforcement**
Organization/Agency	Role
Niue Police Department	Enforces all laws, including those related to child labor, on behalf of the Government of Niue. (3)
Department of Justice	Investigates crimes, including cases involving the worst forms of child labor. (12)
Department for Community Affairs	Handles case intake and referral of children's matters to the Niue Police Department, including allegations of child labor. (3)

As there is no evidence of a problem, there appears to be no need for mechanisms to coordinate efforts to address child labor. However, the Government of Niue has established a mechanism to coordinate efforts related to child labor (Table 5).

**Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor**
Coordinating Body	Role & Description
National Coordinating Committee	Coordinates the implementation of the UN CRC, monitoring and implementing child protection policies at the national level. (3) Research was unable to determine whether the National Coordinating Committee was active during the reporting period.

As there is no evidence of a problem, there appears to be no need for policies to address child labor. However, the Government of Niue has established a policy related to child labor (Table 6).

**Table 9. Key Policies Related to Child Labor**
Policy	Description
UN Pacific Strategy (2018–2022)	A multi-national strategic framework program consisting of 14 South Pacific nations to address, develop, and implement strategic economic development priorities in the South Pacific, including eliminating child labor and the worst forms of child labor. (13) Research was unable to determine whether activities were undertaken to implement the UN Pacific Strategy during the reporting period.

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

**Table 11. Suggested Government Actions to Eliminate Child Labor**
Area	Suggested Action	Year(s) Suggested
Legal Framework	Establish a minimum age for work of at least age 15 that equals the compulsory age of education.	2013 – 2020
	Establish age 18 as the minimum age for hazardous work and determine the types of hazardous work prohibited for children under age 18 in consultation with employer's and workers’ organizations.	2013 – 2020
	Ensure that laws criminally prohibit forced labor, including debt bondage, the sale and trafficking of children, and slavery.	2016 – 2020
	Ensure that laws criminally prohibit the trafficking of children domestically and internationally for commercial sexual exploitation and forced labor, and do not require the use of force, fraud, or coercion to be established for the crime of human trafficking.	2016 – 2020
	Ensure that laws criminally prohibit the use, procuring, and offering of a child for prostitution, the production of pornography, and pornographic performances.	2016 – 2020
	Ensure that laws criminally prohibit the use of children in illicit activities, including in the production and trafficking of drugs.	2013 – 2020
	Ensure that the law criminally prohibits the recruitment of children under age 18 into non-state armed groups.	2016 – 2020
	Ratify ILO C.182.	2019 – 2020
Coordination	Ensure the National Coordinating Committee is able to carry out its intended mandate.	2020
Government Policies	Publish activities undertaken to implement the United Nations Pacific Strategy during the reporting period.	2020

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