Findings on the Worst Forms of Child Labor - Papua New Guinea

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Papua New Guinea

2021 Findings on the Worst Forms of Child Labor:

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Minimal Advancement

In 2021, Papua New Guinea made minimal advancement in efforts to eliminate the worst forms of child labor. During the reporting period, the government continued with rescue and enforcement efforts and joined UNICEF's Pathfinding program, which is a global partnership to end violence against children. However, children in Papua New Guinea are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in mining and deep-sea fishing. Papua New Guinea's hazardous work prohibitions do not comply with international standards that require all children under age 18 to be protected from work that could jeopardize their health and safety, nor do its laws prohibit using, procuring, or offering a child for illicit activities, including for the production and trafficking of drugs. Schools continued charging fees as a result of not receiving promised government subsidies needed for education to remain free and accessible for all children. In addition, insufficient resources hampered the labor inspectorate’s capacity to enforce child labor laws. Papua New Guinea has not conducted a nationwide survey of child labor and does not collect data on its efforts to enforce it labor laws. The Government of Papua New Guinea did not respond to requests for information on its law enforcement efforts for inclusion in this report.

Children in Papua New Guinea are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. (1-3) Children also perform dangerous tasks in mining and deep-sea fishing. (1,3) Table 1 provides key indicators on children’s work and education in Papua New Guinea. Data on some of these indicators are not available from the sources used in this report.

**Table 1. Statistics on Children's Work and Education**
Children	Age	Percent
Working (% and population)	5 to 14	Unavailable
Attending School (%)	5 to 14	Unavailable
Combining Work and School (%)	7 to 14	Unavailable
Primary Completion Rate (%)		77.1

Source for primary completion rate: Data from 2016, published by UNESCO Institute for Statistics, 2022. (4)
Data were unavailable from International Labor Organization’s analysis, 2022. (5)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

**Table 2. Overview of Children's Work by Sector and Activity**
Sector/Industry	Activity
Agriculture	Working on tea, coffee, copra, and palm oil plantations (3,6)
	Deep-sea fishing, including harvesting sea cucumbers and pearls (3)
Industry	Mining, including gold mining (3)
Services	Manual labor (7)
	Domestic work (7,8)
	Street work, including scavenging for recyclables, begging, directing traffic, and directing traffic while begging (3,7,9)
	Working in markets, including unloading and carrying heavy bags of food (1,3)
Categorical Worst Forms of Child Labor‡	Commercial sexual exploitation, including working in bars, nightclubs, and brothels, and use in the production of pornography, each sometimes as a result of human trafficking (3)
	Forced domestic work (7)
	Illicit activities, including selling drugs (3)
	Forced mining, including panning for gold (7)
	Forced portering (1,7)
	Forced begging (7)

‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Papua New Guinea is a source and destination country for child trafficking, especially of girls. In addition, children are sometimes forced into labor, such as in mining and portering, by organized criminal groups and by their own families. (7) Some children from rural areas are sent to live with relatives or “host” families in cities, where they may be forced to perform domestic work to pay off family debts. (7,9) Young girls who are sold into polygamous marriages are forced into domestic service for their new spouse's extended family members. Some are also exploited for sex trafficking. (7)

Children in Papua New Guinea also engage in a number of hazardous labor activities. Children engaged in street work, such as begging or vending, are vulnerable to crime, traffic accidents, hunger, punishment from relatives, and illness. (7) Children also perform dangerous tasks in mining, such as handling dangerous chemicals, including mercury used in gold mining, for which they lack appropriate training and equipment. (3,8) Children are also employed for deep-sea diving for cucumbers and pearls and risk drowning. (3)

Many children in Papua New Guinea face several barriers to accessing education, and this increases children's vulnerability to child labor. (10) Some of the most pressing barriers to education in Papua New Guinea include insufficient resources, including unpaid teachers, a lack of transportation, aging infrastructure, and a lack of reliable water supplies and proper toilets. (1,3) UNICEF states that only 28 percent of schools in the country have different toilets for boys and girls, and only 50 percent of schools have access to clean water. The absence of gender-separated toilets is especially disadvantageous for girls. (3) In addition, research found that the threat of gender-based violence prevents many girls from attending school. (10)

During the reporting period, the Government of Papua New Guinea updated the Tuition Fee-Free Program, which falls under the Government Tuition Fee Subsidy policy. Under the policy, the government pays 63.4 percent of fees and other costs, such as transportation for schools in remote areas, and parents are responsible for paying the remaining 36.6 percent of school fees. (11) Although this policy helps subsidize school fees, the lack of essential resources, such as classrooms and textbooks, and limited transportation remain a barrier to accessible education. (3,12) In addition, schools are also allowed to collect project and church fees from parents. (12) Reports show that schools have not received their full funding allocations, and the partial amount paid out is received in bits and pieces. (3) In previous years, some schools did not receive the subsidy and had to subsequently close due to aging infrastructure. (9,13,14)

Moreover, natural disasters and the COVID-19 pandemic have further caused disruptions to student's school schedules. (3) According to UNICEF, lockdowns due to the pandemic affected almost 2.4 million students in the country. An estimated 400 hours of instruction time were lost due to school closures. (15) Access to learning through technology has been limited because almost 80 percent of schools do not have electricity. (3,15)

Papua New Guinea lacks comprehensive research and data on child labor, which affects the government's ability to address child labor in the country. (3)

Papua New Guinea has ratified some key international conventions concerning child labor (Table 3).

**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 4). However, gaps exist in Papua New Guinea’s legal framework to adequately protect children from the worst forms of child labor, including the prohibition of commercial sexual exploitation of children.

**Table 4. Laws and Regulations on Child Labor**
Standard	Meets International Standards	Age	Legislation
Minimum Age for Work	Yes	16	Article 103 of the Employment Act (16)
Minimum Age for Hazardous Work	No	16	Article 104 of the Employment Act (16)
Identification of Hazardous Occupations or Activities Prohibited for Children	No
Prohibition of Forced Labor	Yes		Articles 23 and 43 of the Constitution of the Independent State of Papua New Guinea; Section 208 of the Criminal Code (17,18)
Prohibition of Child Trafficking	No		Section 208 of the Criminal Code (18)
Prohibition of Commercial Sexual Exploitation of Children	No		Articles 229J–229O and 229R–229S of the Criminal Code (19)
Prohibition of Using Children in Illicit Activities	No
Minimum Age for Voluntary State Military Recruitment	Yes	16	Section 30 of the Defense Act (20)
Prohibition of Compulsory Recruitment of Children by (State) Military	N/A*
Prohibition of Military Recruitment by Non-state Armed Groups	No
Compulsory Education Age	No
Free Public Education	No

* Country has no conscription (21)

Papua New Guinea's existing legal framework governing child labor does not meet international standards on a number of fronts. Though Papua New Guinea meets international standards for minimum age for work requirement, Article 103 of the Papua New Guinea Employment Act permits children ages 11 through 16 to work under certain conditions, including parental consent and if the child works only with members of the family. (16,22) Children as young as age 11 are permitted to perform light work, without enumerating what forms of labor may be classified as “light work” and without establishing a limit on the number of hours a child under age 16 may be made to work. (16,22) Papua New Guinea's existing laws on the minimum age for hazardous work under Article 104 of Papua New Guinea’s Employment Act sets the minimum age for engaging in hazardous labor activities at age 16 rather than age 18. (16,22) There is no age up to which education is compulsory and there is no free basic education for children established by law in Papua New Guinea, increasing the risk of children’s involvement in child labor.

Papua New Guinea also does not have laws that prohibit using, procuring, or offering a child for illicit activities, including for the production and trafficking of drugs. (23) The law does not sufficiently protect children from commercial sexual exploitation, because using, procuring, and offering a child for pornographic performances are not criminally prohibited. (19) Lastly, the prohibitions against child trafficking are insufficient because they require that threats, the use of force, or coercion be established for the crime of child trafficking. (2,18)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

**Table 5. Agencies Responsible for Child Labor Law Enforcement**
Organization/Agency	Role
Department of Labor and Industrial Relations	Implements and enforces child labor laws. (3,9)
Department of Youth, Religion, and Community Development	Through the Office of Child and Family Welfare Services, implements, oversees, and enforces the Child Protection (Lukautim Pikinini) Act, including provisions on child labor and its worst forms, and employs Papua New Guinea's Child Protection Officers. (1,3,24)
Royal Papua New Guinea Constabulary	Enforces laws against commercial sexual exploitation of children. (3,8) Includes the specialized Family and Sexual Violence Unit, which protects children's rights and safety. (8,25)

The Department of Labor and Industrial Relations lacks a data monitoring system to track child labor cases, which may hamper its efforts to address child labor concerns in Papua New Guinea. (3) There is no system in the country for a referral mechanism for survivors of child labor and exploitation. The Department of Youth, Religion, and Community Development has not yet implemented a system to refer children for protection and shelter. (3) The department does conduct some trainings for Child Protection Officers who provide referrals for children and families. However, the scope of the training is unknown. (3)

Labor Law Enforcement

In 2021, labor law enforcement agencies in Papua New Guinea took actions to address child labor (Table 6). However, gaps exist within the operations of enforcement agencies that may hinder adequate labor law enforcement, including a lack of referral mechanisms.

**Table 6. Labor Law Enforcement Efforts Related to Child Labor**
Overview of Labor Law Enforcement	2020	2021
Labor Inspectorate Funding	Unknown (1)	Unknown (3)
Number of Labor Inspectors	Unknown (1)	Unknown (3)
Mechanism to Assess Civil Penalties	Yes (16)	Yes (16)
Initial Training for New Labor Inspectors	Unknown (1)	Unknown (3)
Training on New Laws Related to Child Labor	Unknown (1)	Unknown (3)
Refresher Courses Provided	Unknown (1)	Unknown (3)
Number of Labor Inspections Conducted	Unknown (1)	Unknown (3)
Number Conducted at Worksite	Unknown (1)	Unknown (3)
Number of Child Labor Violations Found	Unknown (1)	Unknown (3)
Number of Child Labor Violations for Which Penalties Were Imposed	Unknown (1)	Unknown (3)
Number of Child Labor Penalties Imposed that Were Collected	Unknown (1)	Unknown (3)
Routine Inspections Conducted	Unknown (1)	Unknown (3)
Routine Inspections Targeted	Unknown (1)	Unknown (3)
Unannounced Inspections Permitted	Yes (16)	Yes(16)
Unannounced Inspections Conducted	Yes (1)	Yes (3)
Complaint Mechanism Exists	Yes (1)	Yes (3)
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services	No (1)	No (3)

The Government of Papua New Guinea did not respond to requests for information related to its labor law enforcement efforts for inclusion in this report. (3) Although the number of labor inspectors is unknown, according to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in developing economies, Papua New Guinea would need to employ roughly 187 labor inspectors because its workforce consists of more than 2.8 million workers. (27) Due to limited personnel capacity, labor inspectors generally respond to specific child labor complaints on a case-by-case basis as complaints are filed, and only sometimes do they carry out routine inspections in hazardous workplaces or in the manufacturing sector. (3,28) The labor inspectorate does not have sufficient resources to adequately enforce Papua New Guinea's labor laws, including sufficient trainings for labor officers. (3,29) Most child labor takes place in the peri-urban areas where inspections are limited. (3) When labor inspections do occur, they are conducted in all three of Papua New Guinea's languages (English, Hiri-Motu, and Pidgin/Tok Pisin). (1,3)

Criminal Law Enforcement

Research did not find information on whether criminal law enforcement agencies in Papua New Guinea took actions to address child labor (Table 7).

**Table 7. Criminal Law Enforcement Efforts Related to Child Labor**
Overview of Criminal Law Enforcement	2020	2021
Initial Training for New Criminal Investigators	Unknown (1)	Unknown (3)
Training on New Laws Related to the Worst Forms of Child Labor	Unknown (1)	Unknown (3)
Refresher Courses Provided	Unknown (1)	Unknown (3)
Number of Investigations	Unknown (1)	Unknown (3)
Number of Violations Found	Unknown (1)	Unknown (3)
Number of Prosecutions Initiated	Unknown (1)	Unknown (3)
Number of Convictions	Unknown (1)	Unknown (3)
Imposed Penalties for Violations Related to the Worst Forms of Child Labor	Unknown (1)	Unknown (3)
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services	No (1)	No (3)

During the reporting period, the Department of Immigration and Citizenship and the Papua New Guinea Royal Constabulary carried out a joint operation during which seven lodges and guesthouses suspected of being commercial sex establishments were investigated. Police identified a 12-year-old girl who had been sold for $30. (3)The girl was referred to the IOM for counseling and the three alleged traffickers were charged with child sex trafficking crimes under Sections 208C and 229 of the Criminal Code. The three attackers included the child's cousin and two male adults. (3,30)

The Government of Papua New Guinea did not respond to requests for information on its criminal law enforcement efforts for inclusion in this report. (3) Research indicates that there are not enough officers to conduct criminal investigations into child labor accusations due to a lack of funding, training, and report writing skills. (1,3) Research was unable to find evidence of trainings occurring in 2021 and was unable to determine whether training for prospective law enforcement officials addresses all child labor elimination components, including recognizing the worst forms of child labor, victim identification, and prevention strategies. (3,31) Reports also indicate a widespread practice of customary justice and distrust of law enforcement among survivors. In addition, political will among law enforcement is lacking, and there are insufficient funds to conduct investigations, particularly in rural areas. (7)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including a lack of efficacy in accomplishing mandates of the National Anti-Human Trafficking Committee.

**Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor**
Coordinating Body	Role & Description
National Anti-Human Trafficking Committee (NAHTC)	Coordinates efforts to address human trafficking. Chaired by the Department of Justice and the Attorney General, with representatives from more than 15 government agencies, NGOs, and international organizations. (9) Even prior to the COVID-19 pandemic, NAHTC was largely inactive. (7) NAHTC was not active during the reporting period. (30)
National Council for Child and Family Services	Coordinates the implementation of the Child Protection Act and the National Child Protection Policy. In partnership with UNICEF, is overseen by senior government officials, civil society organizations, faith-based organizations, and private sector representatives, and includes Child Protection Officers. (3,32,33) Since its establishment in 2018, the council has developed a mechanism to appoint new Child Protection Officers. The appointment of the existing 42 officers was reviewed during the reporting period. (3)
National Child Welfare Office	Coordinates the promotion of children’s rights through awareness campaigns and trainings. Refers perpetrators to the police and provides help to police and social services when a child is rescued from child labor. (28) Research was unable to determine whether this mechanism was active during the reporting period.

Research indicates that there is a lack of senior governmental leadership and participation at National Anti-Human Trafficking Committee meetings. (28) The Ministry of Labor and Industrial Relations did not participate in the activities of the National Anti-Human Trafficking Committee. Although the National Council for Child and Family Services exists, research found no evidence that the council functions as a coordinating mechanism to address child labor.

Intra-agency coordination between enforcement agencies is lacking and there are no specific coordination guidelines. (3)

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including a lack of implementation of key national policies.

**Table 9. Key Policies Related to Child Labor**
Policy	Description
National Action Plan to Eliminate Child Labor in Papua New Guinea	Promotes government coordination efforts to eliminate the worst forms of child labor through more effective prevention, protection, rehabilitation, and reintegration measures and capacity building. (30,34) Research was unable to determine whether activities were undertaken to implement the National Action Plan to Eliminate Child Labor in Papua New Guinea during the reporting period. The Department of National Planning and Monitoring which helps coordinate and facilitate national and international initiatives published a modified National Action Plan to Eliminate Child Labor in July 2021. (35,36)
National Child Protection Policy (2017–2027)	Seeks to strengthen child protection laws, including increased data gathering and analysis, full implementation of the Lukautim Pikinini Act, and elimination of violence against children at the hands of the police. (9,40) Research was unable to determine whether efforts were undertaken to implement the National Child Protection Policy during the reporting period. (3)
Tuition Fee-Free Policy	Aims to improve access to education by abolishing school tuition fees and providing subsidies to cover costs for primary and secondary school children who cannot afford an education. (8,41,42) In June 2021, was reverted from a government subsidy policy instituted in 2019 back to the Tuition Fee-Free policy. The program is slated to subsidize education for students from grades 1 to 12. However, implementation regulations for the policy have yet to be passed. (3)

In May 2021, Papua New Guinea became the newest member of UNICEF's global partnership to end violence against children, making Papua New Guinea the newest Pathfinding country. As a Pathfinder nation, Papua New Guinea committed to raising awareness, uplifting its leadership commitment, and creating a national standard to end violence against children. (43) The government's Trafficking in Persons National Action Plan that was established in 2015 ended in 2020, and research was unable to determine what level of progress was made under the program.

Research was unable to confirm whether the National Action Plan to Eliminate Child Labor began enacting policies or programs in 2021- none were implemented in previous years due to a lack of effective administrative planning and human and financial resources. (3,30) The modified action plan in 2021 makes it more user-friendly; however, the substance of the plan is unchanged. The 2017–2020 National Action Plan faced hurdles, including poor implementation and performance. (30) The Department of Labor and Industrial Relations, the implementing agency for the program, noted that administrative oversight and lack of funding had led to no activity on the policy during the reporting period. (3) Research was also unable to determine whether child labor elimination strategies were incorporated into the Trafficking in Persons National Action Plan.

In 2021, the government funded and participated in programs that included the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the inadequacy of programs to address the full scope of the problem.

**Table 10. Key Social Programs to Address Child Labor**
Program	Description
Child Care Centers†	Provide a safe location for children removed by Child Protection Officers from situations deemed to be harmful to their health and safety. (9,24) Research was unable to determine whether the Child Care Centers were active during the reporting period.
1-Tok Kaunselin Helpim Lain	Telephone hotline funded by ChildFund Papua New Guinea to report child welfare concerns and physical or sexual violence. (26) The hotline was active in 2021 and received training from IOM staff on trafficking process, crisis intervention, and referrals during the reporting period. (35,44)

† Program is funded by the Government of Papua New Guinea.

Research was unable to determine whether the government carried out programs specifically designed to assist children engaged in commercial sexual exploitation, domestic work, or mining. Research found no evidence of any programs with the goal of eliminating or preventing child labor. (45,46)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Papua New Guinea (Table 11).

**Table 11. Suggested Government Actions to Eliminate Child Labor**
Area	Suggested Action	Year(s) Suggested
Legal Framework	Accede to the UN CRC Optional Protocol on Armed Conflict.	2018 – 2021
	Accede to the UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.	2014 – 2021
	Accede to the Palermo Protocol on Trafficking in Persons.	2014 – 2021
	Raise the minimum age for light work to age 13 to comply with international standards and ensure that the law’s light work provisions are sufficiently specific to prevent children from involvement in child labor.	2015 – 2021
	Establish age 18 as the minimum age for hazardous work, and identify hazardous occupations and activities prohibited for children.	2009 – 2021
	Ensure that the law does not require threats, the use of force, or coercion to be established for the crime of child trafficking.	2019 – 2021
	Ensure that the law criminally prohibits using, procuring, and offering a child for illicit activities, including for the production and trafficking of drugs.	2014 – 2021
	Ensure that the law criminally prohibits using, procuring, and offering a child for pornographic performances.	2016 – 2021
	Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups.	2016 – 2021
	Establish by law an age up to which education is compulsory that extends to the minimum age for employment.	2009 – 2021
	Establish by law free basic public education.	2021
Enforcement	Establish a data monitoring system to track child labor cases.	2019 – 2021
	Strengthen the inspection system by ensuring that inspectors conduct routine or targeted inspections in addition to those that are complaint driven.	2014 – 2021
	Publish information on child labor law enforcement efforts undertaken, including labor inspectorate funding, the number of child labor violations found, and the number of child labor penalties imposed.	2014 – 2021
	Provide inspectors with the resources necessary to enforce labor laws and other laws that protect children from the worst forms of child labor, including funding, training, and report writing skills.	2009 – 2021
	Ensure that labor inspectors have enough funds to conduct inspections.	2021
	Establish a referral mechanism between labor and criminal law enforcement authorities and social services agencies to ensure that victims of child labor receive appropriate support services.	2014 – 2021
	Ensure that there are enough labor inspectors and that the number of inspectors meets the ILO’s technical advice.	2017 – 2021
	Institutionalize and fully fund training on the worst forms of child labor for labor inspectors and criminal investigators, including training for new labor inspectors at the beginning of their employment.	2016 – 2021
	Ensure that labor inspections occur in all areas of Papua New Guinea, especially outside of urban areas. Provide sufficient funding, institutional incentives, and local community awareness efforts to ensure that criminal investigations into labor violations are effectively carried out.	2019 – 2021
	Publish information on criminal law enforcement efforts undertaken, including the number of child labor investigations initiated, the number of child labor penalties imposed, and the number of criminal law enforcement convictions secured.	2017 – 2021
Coordination	Ensure that the National Anti-Human Trafficking Committee is active and meets regularly to implement measures to address human trafficking.	2021
	Ensure that the established coordinating mechanisms address all forms of child labor, including the worst forms of child labor, and fully carry out their mandates.	2009 – 2021
	Ensure that there is senior governmental leadership and participation at National Anti-Human Trafficking Committee meetings.	2018 – 2021
	Ensure that all anti-human trafficking stakeholders, including NGOs, are invited to and participate in the National Anti-Human Trafficking Committee coordination meetings as per the Committee's mandate.	2019 – 2021
	Ensure the Ministry of Labor's participation in the National Anti-Human Trafficking Committee.	2021
	Establish coordinating mechanisms to prevent and eliminate child labor.	2021
Government Policies	Ensure that all policies are funded and implemented according to their mandate, including the National Action Plan to Eliminate Child Labor in Papua New Guinea, the National Child Protection Policy, and the Tuition Fee-Free Policy.	2017 – 2021
	Ensure the new government Tuition Fee Subsidy policy is effectively implemented, including full necessary payout to schools.	2018 – 2021
	Collect and publicize data on outcomes related to the 2015–2020 Trafficking in Persons Action Plan.	2021
Social Programs	Increase access to education by instituting programs to address gender-based violence against girls in schools, eliminating all school-related fees, increasing funding to provide school infrastructure improvements, ensuring that all schools have reliable water supplies, and separating girls’ bathrooms.	2014 – 2021
	Collect and publish data on the extent and nature of child labor to inform policies and programs.	2017 – 2021
	Implement and fully fund programs and anti-human trafficking services that assist children engaged in the worst forms of child labor in all relevant sectors, especially commercial sexual exploitation, domestic work, and mining.	2010 – 2021
	Ensure that Child Care Centers are active and are fully funded, and publish their activities undertaken during the reporting period.	2019 – 2021
	Ensure that the new Government Tuition Fee Subsidy Policy is effectively implemented, including full necessary payouts to schools.	2021
	Ensure that children have access to technology for education.	2021

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