National Action Plan to eliminate Child Labour in Papua New Guinea

1.0 Introduction ................................................................................................................................................ 8

1.1 Background ............................................................................................................................................. 8 1.2 Rationale for and development of the National Policy and Action Plan .............................................. 10

1.3 Definitions ............................................................................................................................................. 11

2.0 Situational analysis .................................................................................................................................... 13

2.1 Socio-economic context ........................................................................................................................ 13

2.2 Overview of child labour ....................................................................................................................... 14

2.2.1 Child labour/worst forms of child labour by sector ...................................................................... 15

2.2.2 Characteristics of children in child labour/worst forms of child labour ....................................... 17

2.2.3 Child labour and child trafficking .................................................................................................. 18

2.3 Causes of child labour/worst forms of child labour .............................................................................. 20

2.3.1 Supply/push factors ...................................................................................................................... 20

2.3.2 Demand/pull factors ..................................................................................................................... 23

2.4 Worst Forms of Child Labour ................................................................................................................ 25

3.0 Current national response ........................................................................................................................ 28

3.1 Legal framework.................................................................................................................................... 28

3.2 Child Labour/worst forms of child labour policy framework ................................................................ 32

3.3 National programmatic response ......................................................................................................... 37

4.0 Gaps and priorities .................................................................................................................................... 39

4.1 Defining and understanding child labour .............................................................................................. 39

4.2 Data collection ...................................................................................................................................... 40

4.3 Policy development, coordination and evaluation ............................................................................... 41

4.4 The law and its enforcement ................................................................................................................ 43

4.5 Social partner responsibilities ............................................................................................................... 45

4.6 Awareness and advocacy ...................................................................................................................... 45

4.7 Education............................................................................................................................................... 46

4.8 Poverty, welfare and social policy ......................................................................................................... 48

4.9 Action on emerging worst forms of child labour .................................................................................. 49

5.0 Proposed NAP ........................................................................................................................................... 50

5.1 Strategic objective 1 .............................................................................................................................. 50

5.2 Strategic objective 2 .............................................................................................................................. 54

5.3 Strategic objective 3 .............................................................................................................................. 56

5.4 Strategic objective 4 .............................................................................................................................. 63

6.0 Management and coordination of the NAP .............................................................................................. 66

6.1 Implementation plan............................................................................................................................. 66

6.2 NAP budget ........................................................................................................................................... 68

7.0 Monitoring and evaluation........................................................................................................................ 70

8.0 Conclusions ............................................................................................................................................... 72 Acknowledgements ............................................................................................................................................... 73 References............................................................................................................................................................. 87 Page | 4 Abbreviations CBO Community-based organisations CEDAW Convention to Eliminate All Forms of Discrimination Against Women CL Child Labour CLU Child Labour Unit CP Child protection CRC UN Convention on the Rights of the Child CSEC Commercial sex exploitation of children DCD Department for Community Development DJAG Department of Justice and Attorney General DoH Department of Health DLIR Department for Labour and Industrial Relations DNPM Department of National Planning and Monitoring DWCP ILO’s Decent Work Country Programme HIV/AIDS Human immunodeficiency virus infection/ Acquired immunodeficiency syndrome ILO International Labour Organization INA Institute of National Affairs IOM International Organization for Migration IPA Investment Promotion Authority IPEC ILO’s International Programme on the Elimination of Child Labour ITUC International Trade Union Confederation LMIS Labour Market Information System MDG Millennium Development Goal MTDS Medium Term Development Strategy 2005-2010 MTDP Medium Term Development Plan 2011-2015 NARI National Agriculture Research Institute NAP National Action Plan NCD National Capital District NCC National Coordinating Committee on Child Labour NDAL National Department of Agriculture and Livestock NEC National Executive Council NEP National Education Plan NRI National Research Institute NSO National Statistics Office NTC National Training Council NYC National Youth Commission PCLC Provincial Child Labour Committee PNG Papua New Guinea PNGDSP Papua New Guinea Sustainable Development Programme PNGTUC Papua New Guinea Trades Union Congress TACKLE Tackling Child Labour through Education UBEP Universal Basic Education Plan UN United Nations UNICEF UN International Children’s Education Fund UPE Universal Primary Education YWCA Young Women’s Christian Association WFCL Worst Forms of Child Labour Page | 5 Executive summary 1. Child labour, including the worst forms of child labour (WFCL), is extensive in PNG. It is driven by poverty, poor education and rapid urbanization. There are no official or representative statistics but various studies identify significant child labour and worst forms of child labour, especially in the large informal economy. Children are commonly used in domestic service, street work, various forms of hazardous work, and commercial sexual exploitation. Furthermore, child trafficking is a problem and is linked to customary practices around debt settlement, adoption and child marriage. 2. The ILO Conventions 138 (Minimum Age) and 182 (worst forms of child labour) were ratified by PNG in 2000. The latter requires the introduction of effective and time-bound measures to address worst forms of child labour. The ILO TACKLE project (‘Tackling Child Labour Through Education’) was implemented from 2008, with financial support from the EU. Significant initiatives included a substantial legislative review, training programmes, research studies and extensive consultation. This document forms part of this process. It offers a framework for the development of national policy and a strategic National Action Plan (NAP) to reduce and eliminate worst forms of child labour. 3. The government has addressed child labour and worst forms of child labour in a number of ways, including amending and introducing new legislation (e.g. Lukautim Pikinini Act 2009, People Smuggling and Trafficking in Persons Act 2013). It has also reformed the education system and established free provision of elementary schooling. However, there are questions as to how effective this has been. There are concerns that poverty, a lack of social welfare and variable education quality will continue to drive child labour and worst forms of child labour despite rapid economic growth. 4. There are also a number of specific gaps in policy and practice, notably: o inconsistent understanding and definitions of child labour and worst forms of child labour; o a paucity of data, especially national-level statistics; o no overall policy framework or dedicated institutional arrangements to coordinate across departments and ensure systematic local and external involvement; o inadequate implementation, enforcement and evaluation of law and policy; and o limited awareness-raising, advocacy and guidance to stakeholders. 5. The NAP is guided by four strategic objectives: (i) mainstreaming child labour and worst forms of child labour in social and economic policies, legislation and programmes; (ii) improving the knowledge base; (iii) implementing effective prevention, protection, rehabilitation and re-integration measures; and (iv) strengthening the technical, institutional and human resource capacity of stakeholders. Page | 6 6. It proposes a number of actions to this end. These include prioritising child labour and the worst forms of child labour in national development programmes; conducting systematic quantitative and qualitative research; developing consultation and advocacy initiatives; providing clear rehabilitation and support services; extending inspection to the informal economy; and ensuring the regular training of labour, education and welfare officers in child labour and the worst forms of child labour. Most especially, it strongly recommends the establishment of a NCC and CLU to provide institutional oversight and the coordination and management of child labour and the worst forms of child labour initiatives. A clear set of indicators also need to be developed against which to benchmark and monitor progress. Papua New Guinea Child Labour Forum participants - 2013 Roadshow Page | 7

1.0 Introduction

1.1 Background The ILO estimates that there are 215 million child labourer’s around the world, with the largest overall numbers in the Asia and Pacific region (ILO, 2010; ILO, 2012a). Though not all forms of child labour (CL) are necessarily exploitative or harmful, and in many contexts form part of normal family and community obligations, the issue is of international concern in terms of human and child rights. This is because, first, extensive and/or intensive child labour impacts negatively on the education and physical/emotional health and development of children and, second, because it is increases risk of exposure to the ‘worst forms’ of child labour (WFCL). With regards to the worst forms of child labour, it is estimated that there are some 119 million children engaged in hazardous work, 5.7 million in forced and bonded labour, 1.8 million in commercial sexual exploitation, and 600,000 involved in other illicit activities (ILO, 2011c,d). The international community has developed a framework of global standards relating to child labour and the worst forms of child labour over the past couple of decades. The UN Convention on the Rights of the Child (CRC), 1989 sets out the rights of children to education (Articles 28 and 29) and protection from economic exploitation (Article 32), sexual abuse and exploitation (Article 34) and abduction, sale or trafficking (Article 35). The ILO has two Conventions (discussed below) - No. 138 (Minimum Age), 1973, and No. 182 (WFCL), 1999. These are now amongst its most widely ratified. In the light of these developments, around 70 countries formulated a national policy on child labour between 1999 and 2009 (ILO, 2012a). This report focuses on actions and policies to reduce and eliminate the worst forms of child labour in Papua New Guinea (PNG), within the wider context of child labour.1 its purpose is to arrive at a National Policy and Action Plan to eliminate the worst forms of child labour. The CRC was ratified by PNG in 1993, and ILO Conventions C138 and C182 in 2000. The latter is especially significant as it emphasizes actions to identify child labour and develop relevant laws and implementation programmes, including around monitoring and evaluation. Ratifying countries commit to immediate and ongoing action to abolish the worst forms of child labour; to define ‘hazardous work’ in terms of the types of work which could damage the health, safety or well-being of children (i.e. persons aged under 18); and to work in cooperation with organizations of employers and workers. The Convention obliges signatories to monitor its application; create special programmes of action to eliminate the worst forms of child labour; and ensure offenders are suitably punished. The Convention stresses the significance of education for children, and the importance of the worst forms of child labour prevention and rehabilitation. 1 Engagement with stakeholders revealed a clear link between CL and WFCL in PNG, as discussed below. For example, domestic service may be connected to commercial sexual abuse, customary marriage practices to child trafficking, or street trading to hazardous work and involvement in drugs. Page | 8 There have been a number of initiatives in PNG to develop policy and practice in the area of child labour, as explored below. There is also significant potential to further develop high-impact initiatives given accelerating exploitation of the country’s huge natural resource wealth. At the same time, PNG faces profound problems due to limited basic education, health and welfare services; inadequate economic infrastructure; and widespread criminality. There are therefore serious challenges in terms of meeting its Human Development Indicator (HDI) and Millennium Development Goals (MDGs) (Office of the UN High Commissioner for Human Rights, 2011). It is well-established that child labour and the worst forms of child labour are extensive in PNG, with the latter likely to be increasing as a result of rapid urbanization and uneven economic development. This is largely due to the dominance of the informal economy, though child labour is also found in the formal sector (Institute of Sisters of Mercy of Australia and PNG, 2012). It is especially common in subsistence agriculture, forestry and fishing, and in urban street vending, tourism and entertainment. Despite an absence of official statistics on child labour, indicators such as the numbers of children not attending school make it “likely that the child labour problem is significant” (ILO, 2011a: 18; ILO, 2008). The worst forms of child labour is also widespread through the use of children in domestic service, hazardous work, commercial sexual exploitation, drug trafficking, and street working (ITUC, 2010; ILO Committee of Experts, 2006; US Embassy, 2011; US Department of State, 2012a; ILO, 2011a). The current policy context in PNG is increasingly active, with a series of initiatives in recent years directed at child labour and the worst forms of child labour. Much of this is related to involvement in an ILO project aimed at tackling child labour through education (TACKLE). The TACKLE project was developed with financial support from the EU and forms part of the ILO’s International Programme on the Elimination of Child Labour (IPEC). It was designed to develop strategic initiatives to mainstream and integrate the issue of child labour across education, labour and social welfare platforms. The Page | 9 programme was implemented between 2008 and 2012 in 11 lesser-developed countries in which the worst forms of child labour was perceived to be a problem, across Africa, the Caribbean and Pacific regions. The relevant partnership protocol to implement TACKLE was signed between the ILO, EU and PNG Departments of Labour and Education in 2008. There then followed a series of significant initiatives including a review of national legislation in relation to the Child Labour Conventions; training of key national stakeholders; child labour research studies; and extensive consultation exercises including two National Forums on child labour and a national consultative roadshow. This document forms part of this process. It is designed to offer a framework for the development of national policy relating to the reduction and elimination of the worst forms of child labour, and a strategic National Action Plan (NAP) comprising specific actions to meet these goals.

1.2 Rationale for and development of the National Policy and Action Plan The purpose of the National Policy and NAP is to provide, for the first time, a comprehensive framework that (a) identifies and prioritises goals and (b) provides operational guidance concerning the implementation of relevant interventions to reduce and eliminate the worst forms of child labour, including child trafficking, in PNG. In terms of process, it aims to mainstream and integrate considerations relating to child labour and the worst forms of child labour across relevant government departments and agencies, at senior levels, and provide for systematic multi-stakeholder involvement including NGOs and local community representatives. It also provides for specific actions and outputs relating to the prevention of the worst forms of child labour and protection of children actually or potentially involved. Its development followed an extensive research and consultation process. The first step was a situational analysis involving a review of relevant survey and research reports. The objectives of this analysis were to determine the characteristics and distribution of child labour and the worst forms of child labour; to assess its determinants; review relevant policy progress to date; and develop a draft NAP and a series of presentations for consultation and discussion. This was executed through the second stage process involving a week-long programme of activity based in Port Moresby in May 2013. This included a three-day National Forum with key stakeholders from the relevant ministries and government departments, trade unions and NGOs. In addition, a series of interviews were conducted with Papua New Guinea Child Labour Forum participants during the 2013 Roadshow Page | 10 senior DLIR officials as part of a separate consultation process designed to develop a strategic plan for establishing a Child Labour Unit (CLU) within the department. Insights from this primary research and consultation process are drawn on in this report, along with other stakeholder evidence (e.g. from the 2011 National Forum, and the 2013 Roadshow) and extensive secondary research documentation.

1.3 Definitions The issues surrounding child labour and the worst forms of child labour can be complex. It is thus useful to begin by briefly defining the key terms used in this document. Child: Any person under 18 years of age, as per the definition of a child according to C138, C182 and the CRC. Child labour: This may be specified according to different types of work; C138 discriminates between three categories and associated age minima: 13 for light work, 15 for ordinary work and 18 for potentially harmful work.2 Light work: is defined as work which is not likely to be harmful to children’s health or development or to prejudice their school attendance. Some countries define light work via consultation involving government, workers’ organisations and employers’ associations but, generally, the ILO considers it to be non-hazardous work for no more than 14 hours a week which does not interfere with the child’s schooling. Hazardous work (by children): The Convention C138 does not refer to ‘hazardous work’ but sets the age limit of 18 in relation to work “which by its nature or the circumstances in which it is carried out is likely to jeopardise the health, safety or morals of young persons.” It leaves it to the competent national authorities in consultation with employers and worker organizations to define. However, the worst forms of child labour Recommendation, 1999 (No. 190) provides non-binding guidance as to what work should be considered hazardous and therefore prohibited (see Section 2.5.1). This includes work:  that exposes children to physical, emotional or sexual abuse;  underground, under water, at dangerous heights or in confined spaces;  with dangerous machinery, equipment and tools, or that involves the manual handling or transport of heavy loads;  in an unhealthy environment, which may, for example, expose children to hazardous substances, agents or processes or to temperatures, noise levels, or vibrations damaging to their health; and  under particularly difficult conditions (e.g. work for long hours, during the night, or that does not allow for the possibility of returning home each day). 2 When ratifying, countries have the option to designate a higher age or, in the case of developing nations, an age lower by one year than the standard for light work (i.e. 12) or regular work (i.e. 14). The limit of 18 for work ‘ likely to jeopardise the health, safety or morals of young persons’ may be reduced to 16 ‘on condition that the health, safety and morals of the young persons concerned are fully protected and that the young persons have received adequate specific instruction or vocational training’. Page | 11 Worst forms of child labour (WFCL): This is defined by C182. The Convention does not allow exceptions and prohibits children from being engaged in the worst forms of child labour, i.e.: (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties; and (d) work which, by its nature or in the circumstances in which it is carried out, is likely to harm the health, safety and morals of children. (This is often referred to as ‘hazardous child labour). It should be noted here that in PNG the Employment Act 1978 (currently under review) defines a child as a person under 16 years, thereby setting the minimum age for work, including hazardous work, night work and work in mines at this age (ITUC, 2010; US Embassy, 2011; Luluaki, 2009). Children aged 11- 16 years are allowed to work in a family business so long as this does not affect their school attendance (ITUC, 2010). Current definitions and age requirements relating to child labour and the worst forms of child labour in PNG are therefore inconsistent with international standards. These street children are “uniquely Papua New Guinean in their pragmatic response to circumstances … working children - not always legally, but industriously, and with remarkable resourcefulness”. Page | 12

2.0 Situational analysis

2.1 Socio-economic context PNG is the largest of the Pacific Island nations, with a total land mass of 60,000 km2. Overall life expectancy is 66.5 years (CIA, 2012). Its population of 6.7 million increased by 36% since 2000 (NSO, 2012). Population density shows steady growth, from 4.42 in 1961 to 15.14 people/km2 in 2010 (World Bank, 2012). About 90% of the population lives in rural areas, many in isolated villages which are vulnerable to natural risk and have limited, if any, public infrastructure. However, the rate of urbanisation is projected to grow at 2.9% annually from 2010-2015 (CIA, 2012), presenting a significant set of growing challenges around access to jobs, A young boy pushes a wheelbarrow harvesting money, land, education, health care, clean water and produce for the market © DLIR. transport (Asia Development Bank (ADB), 2002). After years of relatively poor economic performance, PNG experienced a decade of sustained economic growth, culminating in an annual rate of 8% in 2010, due to demand for its primary commodities (Batten, 2011). According to the PNG Treasury, the construction and transport, storage and communication sectors have also performed well (Morris, 2011) and, from 2005-10, non-mining GDP growth exceeded mining GDP growth (Embassy of PNG, 2012). Real per capita incomes also began to increase following three decades of stagnation, from US$1,208 in 2003 to US$2,500 in 2011 (Siakhenn, 2009). PNG has a dual economy with a large informal sector (IPA, 2012). Agriculture, especially subsistence farming, is the main source of living for 85% of the population (INA, 2008). Subsistence living encourages households to look for informal sources of income generation (UNICEF, 2010), though one in six people earn no cash income whatsoever (PNGInforMedia, 2011). The formal economy is dominated by large companies mainly involved in the export of natural resources, especially copper, gold and oil (CIA, 2012). This primary sector is increasingly important though its development remains hampered by rugged terrain and infrastructure challenges. Public sector employment is relatively small. The private sector (formal and informal, and including self-employment) accounts for more than 90% of employment, 80% of overall consumption and fixed investment, and 95% of gross domestic savings. There are a large number of micro- and informal enterprises, their main economic activity consisting of market-based agriculture. Manufacturing is Page | 13 limited and the formal service sector is under-developed (ADB, 2008). Private sector employment growth in the formal economy has long been a policy concern (ILO, 2012b). According to 2013 NAP Forum delegates, the government is seeking to convert a number of informal firms into more formal enterprises (including through new forms such as franchising) by addressing barriers such as bureaucracy and tax. The country remains one of the poorest in the region (ADB, 2001; CIA, 2012). Its Human Development Index ranked 153rd of 179 countries in 2011, down from 139th of 177 in 2006 (UNESCO, 2009). It is thus a consistent recipient of foreign aid, totaling US$599 million in 2011 (OECD, 2011). Australia, the only donor which provides direct budgetary support, is the biggest contributor to PNG’s development assistance programme (Embassy of PNG, 2012), offering c. US$480 million a year (AusAID, 2009).

2.2 Overview of child labour There is very little data on child workers and child labour and the worst forms of child labour in PNG, certainly nothing that is comprehensive or representative (ILO, 2013a). Hence it is difficult to refer authoritatively to its extent or how it might vary according to considerations such as age and type of work. Debate over how far the traditional role of children helping with domestic or farm work is classifiable as child labour also contributes to variable estimates of child labour and the worst forms of child labour as a proportion of ©LT – Children at Play - Children help their parents sell all work performed by children (Sea, 2009; produce at a market in PNG. Joku, 2011; ILO, 2011a). Despite the absence of comprehensive or representative data, various studies and authorities report child labour and the worst forms of child labour to be extensive (e.g. ITUC, 2010; ILO, 2011a; Maie, 2013; Kane and Vemuri, 2008; ILO Regional Office for Asia and the Pacific, 2007). In 1995, the ILO estimated that 19.3% of children aged between 10-14 years were economically active (DocCor Association, 1996; also Singh, 2009), while recent estimates report suggest that this is the case for more than 31.4% of children aged 14 or over (ILO, 2011a; Maie, 2013). The ITUC (2010) highlights the prevalence of child labour on farms, on streets (child vendors) and in domestic service. The ILO has suggested that “the issue of child labor is much more than we all think” (ILO, 2011c), partly due to its commonly hidden nature. Page | 14

2.2.1 Child labour and the worst forms of child labour by sector It is understood that child labour and the worst forms of child labour, to varying degrees, is found in PNG’s agriculture sector, forestry and fishing; rural sections of urban areas; family businesses; domestic labour; street-based activities (e.g. street vending); markets; tourism, entertainment and the commercial sex trade (ITUC, 2010; ILO, 2011a; Maie, 2013; Kane and Vemuri, 2008; ILO Regional Office for Asia and the Pacific, 2007). It is less likely to occur in the formal economy (Luluaki, 2009), though children may be used to support adult family employees involved in e.g. plantations or commercial trading and manufacturing work. Unlike in many Asian countries, there is no evidence of forced child labour in the formal economy (US Department of State, 2009), a finding supported by informants at the 2013 NAP Forum. However, family needs and poverty risk driving compulsion in the informal sector, especially in the (subsistence) agricultural economy. Agriculture In the rural economy, child labour is concentrated in subsistence agriculture but is also increasingly found in more formal establishments such as coffee, tea, copra, cocoa, rubber and other cash crop plantations. Chen (2009a) reports that locals in the island provinces are attracted to working in plantations for cash as a supplement to their own cultivation. Children may be involved on a temporary or casual basis, supporting adult family members (Luluaki, 2009; Chen, 2009b; DCD, 2010). This might include very young children, i.e. aged under 12 years (Chen, 2009a; US Embassy, 2009; Child Labor Information Bank, 2012). This is because much of the informal economy, especially in the rural sector, is characterised by ‘household labour’, even if not every household member (including children) is directly remunerated (ILO, 2012b). As one 2013 NAP Forum informant noted, “we need to see the relevant unit as the family. For example, child labour may be the product of a widow or single mother needing a child ‘to assist’.” There is less known about child labour and the worst forms of child labour in the logging and fishing industries, though it also seen as likely (ILO, 2011c). Another issue is the involvement of rural children in the illicit cultivation, transport, sale and use of marijuana (Luluaki, 2009). Manufacturing A 2013 NAP forum delegate reported that there was little evidence of child labour in formal factory work (e.g. in canneries, where he had also spoken to women alone), in contrast to plantations and logging work where piecework encourages collective household labour. It is more likely to be found in manufacturing workshops such as carpet weaving; making fireworks and matches; brassware and chemicals (ILO, 2011c). There are also reports of children in PNG working in mines and quarries (e.g. ILO, 2011c) but a lack of research means that the extent to which child labour and the worst forms of child labour exist in this sector is unknown (Luluaki, 2009). Page | 15 Urban/street work According to the PNGTUC, urban child labour is increasing, particularly in Port Moresby and Lae (Joku, 2011). Research commissioned under the TACKLE project in Port Moresby found that child street workers3 most commonly work as vendors (42.8%), in controlling traffic (9%), by scavenging, and in illicit activities (ILO, 2011a). Children involved in street vending sold a range of goods including mobile phones and electronic appliances, sweets, cigarettes, betelnut, food, DVDs, CDs and balloons. Some had small stalls while others walked the street within their agreed trading areas. Interviews with the children found that many engaged in such work periodically (e.g. during the school breaks or on weekends) but there was a widespread expectation of involvement increasing over time. Children engaged in scavenging collected empty bottles, cans, tins, water containers and scrap metal. Those who controlled traffic in parking areas assisted drivers in identifying available parking areas, keeping watch over vehicles and directing traffic when leaving the parking area. Drivers gave money to these children as a token of appreciation. Children who engaged in illicit activities were involved in begging, stealing and selling drugs. Other work included domestic labour, working in a club, messenger work, fishing, gardening, packaging, and pushing trolleys and cargo for shoppers. Of 213 children surveyed in the Port Moresby research, 171 were involved in child labour, and of these 92% (158 children) participated in either hazardous work (85%, or 145 children) or the worst forms of child labour (the research report treats these as separate categories). Hazardous work included often very young children chopping firewood for sale, moving furniture, loading and unloading boxes, controlling traffic, scavenging for scrap metal, and working very long hours. Many were subject to physical and verbal abuse. Further, more than half (52.1%) stated that they had other types of household work, most commonly collecting and chopping firewood, fetching water and performing household chores (ILO, 2011a). The worst forms of child labour identified included begging, stealing and commercial sex work by 15-17 year olds (see Appendix 1). Domestic labour It is estimated that, in the late 1990s, some 11,500 young girls were engaged for long hours in domestic service outside of the home, including in indentured arrangements to pay off family debts (US Department of State, 1998, 1999). Domestic labourers are often over-worked, under-paid and vulnerable to abuse (ITUC, 2010). A related WFCL concerns girls who are trafficked internally into child domestic labour or to work as nannies (ILO Regional Office for Asia and the Pacific, 2007; ILO, 2011a; see Section 2.3.3). 3 The DCD (2010) asserts that the term “street kids” is inappropriate to PNG as it has so few “streets” and the children found on them bear little resemblance to street children in more urbanised countries. Page | 16 Commercial sex exploitation of children (CSEC) CSEC appears to have increased significantly in recent years across the Pacific, due to a range of factors such as urban poverty and unemployment; the development of tourism; displacement of demand due to action against CSEC elsewhere; and the growth of industries such as logging, mining and fishing employing large numbers of men (Help Resources Inc. and UNICEF (PNG), 2005; ECPAT International, UNESCAP and UNICEF, 2004). There are no CSEC figures available In PNG though it has been clearly documented (ILO Regional Office for Asia and the Pacific, 2007; ILO, 2011a; Joku, 2011). According to the ILO (2011a: 24), “It is safe to state the CSEC is rampant in the urban areas of PNG and is likely to increase in rural areas.” It concludes that much more investigation is needed since “as with other ‘low visibility’ crimes, there is a lurking ‘dark figure’ of unreported cases” (ILO, 2011a: 24). It is estimated that one-third of all sex workers in PNG are under the age of 20 (Government of PNG and UN in PNG, 2007). Child informants in the 2011 Port Moresby study also indicated that CSEC was strongly associated with another WFCL, selling as well as using drugs. Of the surveyed children, 27 child sex workers either used or trafficked drugs, and all used alcohol.

2.2.2 Characteristics of children in child labour and the worst forms of child labour There is no survey data on child labour and the worst forms of child labour in PNG, but a number of recent studies help develop an initial profile of those involved. First, child labour and the worst forms of child labour exhibit gender patterns to varying extents. Girls tend to be more highly represented due to reduced schooling (Luluaki, 2009) and traditions around household and domestic work which translates into child labour (ILO, 2012b; Imbun, 2006; Help Resources Inc. and UNICEF (PNG), 2005). Most sex workers are also female. The ILO Committee of Experts (2010) reiterated that prostitution of young girls has become a major problem in PNG’s urban centres and in many rural areas. The ILO (2011a) survey of child workers in Port Moresby found that most girls involved in commercial sex work live with their families and engage in prostitution via brothels, guest houses, night clubs, along the streets, in settlements and through pimps. The same study also highlighted that in contrast the large majority (90%) of child street workers are male, with a lot of very young boys involved (43% were aged 12-14 years, 38% aged 6-11 years). Many work long hours (43% 5-8 hours/day and 37% 8-12 hours/day), though younger children are likely to work intermittently. Most come from settlement communities populated by newcomers to the city, and are likely to be school drop-outs or have never been to school. Older children (16-17 years) are less likely to be vendors because at this age, they are supplying goods to the younger children. A DCD (2010) study of street children across PNG also observed a growing “young urban poor” population making a living on the streets and in the informal economies of towns, usually far from their ancestral village and natural parents. These street children are “uniquely Papua New Guinean in their Page | 17 pragmatic response to circumstances … working children - not always legally, but industriously, and with remarkable resourcefulness” (DCD, 2010: 6). The study also identified different patterns according to location. In terms of the worst forms of child labour, it found, for example, more girls working nightclubs in Port Moresby than in other towns; more violent theft by children in Goroka; greater visibility of young people involved in sex work in Lae; more children sleeping on Kokopo’s streets; more thieving gangs in Goroka and Wewak; and more begging in Port Moresby and Lae. In terms of criminal behavior, the DCD study also reported that the circumstances of most street children bear little relationship to the organised sub-culture of raskol gangs, with most not considering crime as a means of livelihood. However, a number do take this route as adults especially as they are disconnected from traditional family support networks and subsistence-based living associated with traditional rural communities. Similarly, the function of traditional practices becomes distorted in the urban environment. In Wewak, for instance, it found that customary adoption and wantok practices were poorly adapted to urban life such that distant relatives come to foster children they barely know and cannot afford. The report also found that some street children are orphaned and/or homeless, their numbers appearing to be highest in Port Moresby (DCD, 2010).

2.2.3 Child labour and child trafficking According to ILO (2006) global estimates, 1.2 million children have been trafficked domestically or across borders, and approximately 250,000 of them are in Asia and the Pacific. There are no national figures available for PNG but, according to the US Department of State (2012a; 2012b), it “is a source, destination, and transit country for men, women, and children subjected to sex trafficking and forced labor.” Of 184 countries, it was assessed as among 60 in which there was the trafficking of children for forced labour and child labour exploitation. The US Department of State also labeled PNG as a “Tier 3” country, i.e. one of those whose governments do not fully comply with minimum standards and are not making significant efforts to do so. Child trafficking is strongly linked to sexual exploitation and domestic servitude. Children, especially girls from tribal areas, are most vulnerable. Families may effectively sell girls through arranged/forced marriages to settle debts, leaving them vulnerable to forced domestic service (sometimes for their husband’s extended family). Child marriage is a widespread problem in PNG and a basis of demand for the internal trafficking of children (ECPAT International, UNESCAP and UNICEF, 2004). Girls may also be trafficked as “child brides” and domestic servants across the Indonesian border and are sometimes sold to foreigners at work camps or to repay debts (DCD, 2004). Tribal leaders may also trade the exploited labour of girls and women for cash, guns and political advantage (US Department of State, 2009). The 2013 NAP forum participants also reported accounts of child trafficking across the border with Indonesia in the Western Province, involving the outwards trafficking of young girls and inward smuggling of foreigners. Child trafficking was also reported as more likely in the islands, where land is Page | 18 scarce or over-populated; where there are limited employment opportunities; and in mining areas where girls may be duped by offers of employment (DLIR representatives indicated, however, that they had not encountered this phenomenon). In more urban areas, there is also evidence of some children from poorer families prostituted by their parents or sold to brothels (US Department of State, 2012b; Help Resources Inc. and UNICEF (PNG), 2005). The ILO (2011a) study in Port Moresby also found some incidences of child trafficking involving guardians and parents who sold their children to either clients or to a husband. In the survey, 9% of children stated that they had to work because their parents had debts to pay and a further 3.1% said that they were sold. Child trafficking is linked to traditional practices around adoption as well as marriage. It has long been customary to have a child ‘adopted’ in an informal manner by a richer family member or a well-off family, including as payment for debt (Humanium, 2012). This might be beneficial, but it also introduces risks of sexual or labour exploitation, with the child long working hours and with limited free time, care or education. The National Forum participants similarly explained how child trafficking can be legitimised in terms of “adoption”: “This practice is normalized in communities… there is a continuum and multiple ambiguities. A child might be sent out to the extended family for good reasons but still disadvantaged by being ‘given away’ – removed from parents and siblings – in terms of psychological problems. Then, later, married off. This can escalate into further stages, including crimes, when it isn’t truly custom but there is an attempt to legitimize if with tradition. Or it might simply be the purchase of young girls for CSEC masquerading as adoption – so we need to investigate these practices and claims.” “It is happening across the boundaries of communities, clans, even if there are no intermediaries. It is not always clear whether it is ‘child trafficking’ or not, not least as it may be conducted in the best interests of the child, though there are no guarantees as to outcomes – the child may be protected but it could also become child labour or prostitution.” Thus, there are problems in understanding child trafficking in PNG, partly due to limited knowledge and research, but also because of customary practices and since child labour itself is a relatively new concept. Because of its origins in the culture (e.g. household and subsistence work, adoption, arranged marriage), it is not necessarily perceived as child trafficking or the worst forms of child labour, or may effectively emerge as such at a subsequent time, reinforcing the need for research. The 2013 Forum participants also indicated a need to update and simplify the law in order to help awareness and enforcement against child trafficking. At present, as one put it, it is often felt that “in reality, the authorities/police are (a) complacent, (b) don’t care or (c) are consumed with other problems around criminality.” Page | 19 In the event, the People Smuggling and Trafficking in Persons Bill, first drafted in 2010, progressed into law in July 2013. It followed the March 2013 launch of a report into human trafficking conducted by the International Organization for Migration (IOM), with the Department of Justice, and supported by the US Department of State (IOM/DJAG, 2012). The report provided the first baseline research into human trafficking in PNG utilizing survey and interview data drawn from four provinces (National Capital District, Autonomous Region of Bougainville, West Sepik, and Western Province), and confirmed a high rate of domestic and international trafficking of both adults and children for the purpose of forced labour, sexual exploitation and domestic servitude. In the area of child trafficking, children who do not attend school were at greater risk to be targeted for child trafficking, and girls were over twice as likely as boys to become victims. The survey found that the most common means of recruitment for trafficking was abuse of cultural practices involving the exchange of money. It also observed that “traffickers can be persons known or familiar to the victim” since “abuse of a position of trust or authority are a common means of recruitment used for trafficking in the project provinces, in addition to threat, force, and abuse of a position of vulnerability” (IOM/DJAG, 2012: 12).

2.3 Causes of child labour and the worst forms of child labour There are a number of factors associated with child labour and the worst forms of child labour, notably poverty, poor education, social and family dislocation and the availability of cash-earning opportunities. These may be discussed in terms of ‘push’ and ‘pull’, or supply and demand considerations, though these are of course related. Recent research emphasizes that most child labourers do not engage in work by free choice; for example, more than 80% of the DCD’s (2010) 324 street children informants explained their status by ‘push’ factors.

2.3.1 Supply/push factors Poverty Poverty and the need to earn an income to provide for oneself and one’s family are regarded as the main cause of child labour and the worst forms of child labour, and a cause of child trafficking, in PNG (Singh, 2009; Joku, 2011; ILO, 2011a; Rena, 2006; Simon, 2009; UNICEF, 2012). Poverty increases pressures on families to condone a range of practices ranging from withdrawal from school for work (Kari, 2009) to the selling of girls (Help Resources Inc. and UNICEF (PNG), 2005) and even child prostitution (DCD, 2010). The Institute of Sisters of Mercy of Australia and PNG (2012) observes that “given the pressure for survival, many children in PNG ‘willingly’ submit to work, often in appalling conditions.” As well as low incomes, the problem is compounded by the rising costs of goods and services (ILO, 2011a). Poverty is particularly relevant to urban child labour and the worst forms of child labour given the more or less complete dependence on the cash economy for the provision of food and other basics, and lack of wider family and community support. Page | 20 Education Inadequate access to quality education can also be a strong driver of child labour and the worst forms of child labour. First, a lack of or limited participation in schooling means that children have more time available for work. Second, poor literacy, numeracy and other skills limits the quality of what work is available, which extends throughout adult life (ILO, 2002). Low-paid, unskilled work is often hazardous and incentivizes long hours. Third, a low level of parental or carer education also predisposes children to work since education is seen as of lower value (ILO, 2011c). Poor education is thus strongly linked to the worst forms of child labour such as excessive working hours and hazardous work. The Port Moresby study found that 47% of the surveyed street children had never been to school and the rate was especially high for child sex workers. Child labour in plantations has also been linked to “a lack of government commitment and support for established educational institutions, particularly in the rural areas of PNG” (Chen, 2009a). Limited schooling is associated with excessive household labour and child domestic service too (ITUC, 2010; US Department of Labour, 2008; UNICEF, 2004). School enrolment and completion rates are low in PNG (Kane and Vemuri, 2008), and AusAID (AusAID, 2009) has referred to “an educational crisis” in the country. Primary enrolment rates are 72% overall (but less than 50% in some provinces and districts), or 82% for males and 73% for females (Trading Economics, 2012). Only 3 in 5 children who enroll in the first grade of primary education complete it (AusAid, 2009). Secondary school enrolment rates are 25% for boys and 20% for girls (CEDAW, 2009). Overall, an estimated 680,000 children aged 6-14 years are not in school. Low participation rates is a function of inaccessibility, particularly in rural areas; perceived relevance and quality (ILO, 2002); and cost. Addressing these issues is a priority for the government, and a number of reforms have been made to increase educational access and quality (DoE 2009; section 4.7). Primary education was made free from August 2011, though certain fees still apply and there are associated costs such as school uniforms and transport. Moreover, it is not compulsory, which limits overall participation and, according to one of the 2013 Forum participants (a school principal with many ‘settlement kids’), encourages a haphazard approach to attendance: “children come and go when they please... (as) parents are often not educated or familiar with school requirements, and don’t enforce discipline, especially where they need the children to earn money or see it as ‘normal’ for them to work.” According to one analysis, a failure to introduce and enforce compulsory education “may well increase the risk of children’s involvement in the worst forms of child labour” (US Department of Labour’s Bureau of International Labour Affairs, 2012: 491). Free quality education is also, as noted at the 2013 NAP Forum by Martin Dihm (EU ambassador to PNG, Vanuatu and the Solomon Islands) a key human right for children as well as instrumental in opening access to useful, decent work . Page | 21 Ill-health Limited access to health care and support exposes children to work pressures in the event of sickness in the family. They may be forced, for example, to enter or increase paid work in order to compensate for changes in household earnings. They might also withdraw from schooling in order to help care for a parent or sibling. This problem has increased as a result of HIV/AIDS, which is epidemic in PNG at around 1% of the population infected (ILO, 2012b; Government of PNG, 2008; UNESCO, 2009; Humanium, 2012). Parental illness and death is linked to the worst forms of child labour in the sex trade, hazardous work and long working hours (Luluaki, 2009). Household factors Household and familial arrangements are also key considerations in child labour and the worst forms of child labour. For example, households with many children are more likely to utilize child labour to help support and provide for the family (ILO, 2002). Family breakdown is also a strong push factor in child labour, and the Port Moresby and DCD studies identify family collapse and dysfunction (including abuse and neglect) as a key feature of the worst forms of child labour such as illicit work and CSEC. Children may also be compelled or encouraged to leave the family home to look for paid work in order to financially support family members (ILO, 2011a; HELP Resources Inc., 2005). Urbanisation On the one hand, PNG is the least urbanised of the Pacific Island Countries (PICs), with only 13% of its population in urban areas, but it also has the largest conurbation in the Pacific Region. Nearly half of all urban dwellers in the PICs are in PNG. Rapid urbanisation and rural-urban migration brings attendant social problems and in many ways negatively “impacts on children including dietary changes, abuse, exploitation, etc.” (Jones, 2012: 14). The ILO (2008: 8) observes that “in urban areas, increasing numbers of children out of school are found on the streets.” Half the population of Port Moresby (i.e. some 250,000 people) lives in squatter or informal settlements, and access to housing, health, education and employment is limited. Around 60% of those in settlements are under 25 years of age, with well over half of these estimated to be below 18 years (ILO, 2012b; Kane and Vemuri, 2008). In this context, children engage in street vending and illicit activities to support themselves and their families, especially given the higher cost of goods and services in the city (ILO, 2011a). This can also lead to the worst forms of child labour such as “drug trafficking and begging, collection and handling scrap metals and chemicals and carrying heavy loads … Child prostitution is also common” (Institute of Sisters of Mercy of Australia and PNG, 2012). Page | 22 Socio-cultural factors Cultural and traditional beliefs and customs contribute to child labour and the worst forms of child labour in various ways (ILO, 2002). Work may be perceived as character-building for children, and if parents have a particular trade then it is understood that their children should learn and apply these skills at an early age. Poor families that accrue debts for social or religious events may utilize children’s work to help repay their obligations. Further, in some areas, children are assumed to be ‘of age’ quite young, often following traditional initiation rites, and are then seen as old enough to largely cater for themselves. Traditional conceptions of gender roles are also relevant. Girls are generally seen as less in need of education than boys and so are more likely to withdraw from school and engage in household or commercial labour (ILO, 2002; Luluaki, 2009). As noted above, the ‘bride price’ and adoption customs also involve risks of child trafficking, domestic servitude and CSEC (ILO, 2011a; US Department of State, 2009). In areas such as the Highlands, tribal conflict can lead to child labour and the worst forms of child labour as a result of social and physical displacement (DCD, 2010). Similar problems are associated with traditional practices of sorcery4, and contribute to the further dislocation associated with urbanisation (ILO, 2011a).

2.3.2 Demand/pull factors Though there has been no research specifically investigating the ‘pull’ factors for child labour, a wider study by the ILO (2002) identified the following as relevant: i) cheap labour, ii) perceived suitability for certain jobs, iii) ease of control; and iv) opportunities for employment, including perceived ‘social responsibility’ among employers. Other studies observe children enjoying a certain degree of freedom or autonomy arising from work. 4 Belief in supernatural explanations of misfortune is ingrained in much of PNG society, and accusations of sorcery result in widespread violence against women and girls (Amnesty International, 2013). The 1971 Sorcery Act, which punished those practising sorcery with up to two years imprisonment, was repealed in 2013. Page | 23 Families and cheap labour Families are a major pull factor for child labour in PNG. Large numbers of children are unpaid or poorly paid workers in enterprises (e.g. farms, informal sector workshops) that depend on family labour for survival. Many national laws and regulations, as well as international standards such as C138, allow exceptions in such cases but, even in family enterprises, children can be exposed to serious risks to their health and safety (ILO, 2002). However, disengaging children from hazardous and other child labour can face opposition from parents. DLIR participants at the 2013 NAP Forum reported meeting a not unusual parental response of: “You labour officers will not pay me, not feed me.” This highlights the need to link to education and awareness-raising about the minimisation of harm at work. “You labour officers will not pay me, not feed me.” ©LT - Children at play – solemn faces. Opportunities for employment, child ‘suitability’ and enticement Employers may be attracted to hire children for reasons of cost or the perceived skills (‘nimble fingers’) of child workers. Economic growth and “the urge for entrepreneurs to make fast money at lesser expenses” is adding to such pressures as well as increasing the number of job openings available (ILO, 2013b). Another major reason for hiring children is that they are generally easier to manage and control than adults and, even if their labour is illegal, they and their parents are less likely to complain to the authorities for fear of losing income and given duplicity in the offence. On the other hand, some employers consider themselves socially obliged to offer work and income-earning opportunities to poor families, including children. Child labour and the worst forms of child labour has also increased due to “demand for the product they were selling” (ILO, 2011a: 58), from street vending through to CSEC. This too is linked to economic growth. In the case of CSEC, the Port Moresby study revealed that clients are local men with money to spend, including resource land owners, loggers, businessmen and miners and “increased demand for young girls has also contributed to the increased prevalence of child prostitutes in PNG” (HELP Resources Inc., 2005).5 The growth of primary industries in rural areas is also likely to fuel CSEC growth (ILO, 2011a: 24). 5 NAP Forum 2013 participants reported how at a certain point exploitation networks become established and more sophisticated. For example, bar owners might entice girls to work at the bar then declare it is illegal and, if they want to keep their job and privileges, they could entertain friends and then clients. Drugs might also be involved. Page | 24 Rewards, autonomy and peer pressure The Port Moresby study found that some children in sex and street work were pulled into these activities by peer influence and the attraction of rewards. In the former case, the rewards were purely financial; in the latter money and a certain status in helping provide for others (ILO, 2011a; DCD, 2010). For street children in the capital, the following non-monetary benefits were also cited (ILO, 2011a: 66): not having to go to school; enjoying walking around the street; having fun; not having anyone to tell them what to do; meeting friends and people at work; frustration and boredom (“nothing else for me to do”). Participants at the 2013 NAP Forum also reported that older children (over 12 years) may ‘choose’ to work on the streets in order to make money and ‘hang out’, and that some youths (e.g. 16- 18 years working under containers and operating forklifts) can earn a lot. This implies that simply making schooling compulsory may not be sufficient in itself to address child labour and the worst forms of child labour, stressing the need for coordinated, multi-agency responses.

2.4 Worst Forms of Child Labour This NAP adopts the definition of the worst forms of child labour employed in C182, including: a) slavery or practices akin to slavery; b) child prostitution; c) employment in illicit activities, and d) hazardous work (section 1.2). It is difficult to assess the extent and patterns of the worst forms of child labour in PNG, not just because of a lack of representative statistical data and limited qualitative research but because by its very nature (i.e. informal and usually illegal) it is largely hidden and difficult to detect. However, in the light of the review above, some comments may be made concerning the likelihood of the worst forms of child labour in each of the ILO’s four categories. WFCL (a): all forms of slavery or practices akin to slavery (e.g. the sale and trafficking of children, debt bondage and serfdom and forced/compulsory labour, including forced recruitment of children for armed conflict) As discussed above, PNG has been identified as among countries of origin, transition and destination of trafficking of children for forced labour and child labour exploitation, as well as those which are origin, transit and destination countries for trafficking for the purpose of domestic servitude involving women and children (US Department of State, 2012b). Child trafficking is related to traditional practices around marriage and adoption. Girls in particular may be held in indentured servitude (ITUC, 2010; US Department of State, 2011, 2012a). According to UNICEF (2004), “in many cases, calling … girls ‘domestic workers’ is misleading … [These are] children who, instead of starting each day in the school yard are getting up when it is still dark and toiling until night in slave-like conditions. This is not legitimate employment.” Page | 25 WFCL (b): the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances Various sources have identified a significant problem of CSEC in PNG, which includes forced prostitution, typically through bars and nightclubs (US Embassy, 2009; ILO Committee of Experts, 2011). Children are also exploited via the production of pornography and trafficking, both internally and from neighbouring countries (ILO Committee of Experts, 2006, 2011; Child Labor Information Bank, 2012). The Port Moresby child labour study identified extensive commercial child sexual exploitation and prostitution (ILO, 2011a). WFCL (c): the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties The same study of child sex and street workers found evidence of widespread engagement by children in illicit activities including begging, stealing and selling drugs (ILO, 2011a). WFCL (d): work which, by its nature or in the circumstances in which it is carried out, is likely to harm the health, safety and morals of children (hazardous child labour) The sector analysis above (section 2.2.1) identified a number of forms of child labour with the potential for the worst forms of child labour. This section specifies some of the main instances of hazardous work. In agriculture, forestry and fishing, children may perform a range of hazardous activities, including using dangerous tools (e.g. machinery, machetes), carrying heavy loads and handling harmful pesticides (US Embassy, 2009, 2011; Child Labor Information Bank, 2012; ILO, 2011b). Farming, fishing and livestock herding are particularly dangerous occupations yet are the most difficult to monitor and police (IPEC, 2010). In these sectors, children reportedly work from a young age, often labouring for long hours and in family units effectively as subcontract labourers (ILO, 2011c). Plantations increasingly utilise young workers (Chen, 2009b), often intensively and for long hours with a high physical and educational cost (DCD, 2010). Child plantation workers may also be exposed to exploitation by adults and introduced to practices such as drinking, smoking and taking drugs. Some young girls in domestic service work for long hours without rest, are under-paid (if at all) and are isolated in private homes where they are susceptible to physical and sexual abuse (ITUC, 2010, ILO, 2011b; US Department of Labor, 2008). This social isolation can affect attendance at school and exclude them from community-based health services and recreational opportunities (UNICEF, 2004). Within households, informally-adopted children are also vulnerable to exploitation through long hours of work, a lack of rest, leisure and freedom of mobility, and limited access to health services and Page | 26 education. The ILO Committee of Experts (2010) requested specific information on measures taken to protect these children from the worst forms of child labour. In urban areas, children working as street vendors are vulnerable to severe weather, traffic accidents and crime (ILO, 2011b; US Embassy, 2011). The Port Moresby street children study found that 68% undertook hazardous work, and child street vendors were “clearly visible and are exposed to a lot of risks and hazard” (ILO, 2011a: 13). Nearly a quarter of the children (23.5%) did not feel safe in their place of work and many revealed “some unforgettable experiences they had and (which) could have a life-long impact on them” (ILO, 2011a: 67).6 Appendix 1 shows the various forms of child labour and the worst forms of child labour and hazardous work in which children of different ages in the study engaged. The commercial sexual exploitation of children is, of course intrinsically hazardous and morally reprehensible as “children in CSE suffer cruel violations of their personal safety, development, honour and freedom” (ILO, 2011a: 49). This includes psychological damage; child pregnancies and sometimes abortions; rape; physical, emotional, sexual and verbal abuse; isolation from or by the family; non- payment by clients; clients not wanting to leave; constant worry and fear of being discovered by family members; condemnation and rejection by their community or family; the contraction of STDs including HIV; and becoming involved in other illegal activities (e.g. trafficking drugs). Risk of CSEC is associated with working in nightclubs and other workplaces late at night, domestic labour, and around mining or logging camps. In manufacturing and the primary sectors, including mines, quarries and logging camps, working children are reported to be at risk from long hours and are often not provided with adequate training or personal protective equipment (ILO, 2011c). Appendix 2 summarises the key worst forms of child labour and child labour and associated hazards/risks in PNG, as highlighted in extant studies. The table is also informed by findings from the 2013 national child labour Roadshow in PNG. …””traffickers can be persons known or familiar to the victim” since “abuse of a position of trust or authority are a common means of recruitment used for trafficking in the project provinces, in addition to threat, force and abuse of a position of vulnerability” (IOM/DJAG, 2012:12). 6 Higher levels of perceived safety was explained in terms of factors such as walking around with friends; having wantoks and friends around when selling at the market; and being familiar with the area as they had grown up there. Some also had family members working with them, while others were in a secure working area. Page | 27

3.0 Current national response

3.1 Legal framework International instruments Child labour, as defined by international law, is illegal in PNG. The relevant ILO Conventions (see Section 1.3) stipulate that children should be precluded from certain forms of work on the grounds of their age (C138) and/or because the nature of the work is potentially hazardous to them (C182). Convention 182 requires “immediate” and “time-bound measures” to secure the prohibition and elimination of the worst forms of child labour “as a matter of urgency.” The UN CRC, which was ratified by PNG in 1993, also confirms children’s rights to education and protection from economic and sexual exploitation. The two ILO Conventions were ratified by the government in 2000. A review of domestic legislation and the supporting policy framework was subsequently undertaken to ensure that there was a coherent legal and administrative system in place to address the problems of child labour and the worst forms of child labour. The TACKLE project helped provide further impetus to the review process (Luluaki, 2009), and significant changes were introduced as a result (notably the Lukautim Pikinini Act 2009, see below). At the same time, there are several relevant international instruments to which PNG has not committed. These include the:  CRC Optional Protocol on the sale of children, child prostitution and child pornography 2000, which defines the sale of children as “any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration” for the purpose of (a) sexual exploitation, (b) transfer of organs for profit, or (c) forced labour  UN Convention on the Rights of All Migrant Workers and their Families 1990, which holds that all people who move for work (legally or illegally), including children, have the same fundamental labour rights as all workers  UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children 2000 (also known as the Trafficking Protocol). This defines trafficking in persons as; “the recruitment, transportation transfer, habouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation” Page | 28 It defines exploitation in terms of prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs and states that the consent of a victim of trafficking to the intended exploitation is irrelevant where any of the above means have been used. Domestic employment law Whilst the PNG Constitution does not specifically address child labour issues, it does prohibit slavery and all similar institutions and practices (s.253) and also prohibits forced labour under s.43. Child labour and trafficking would also be inconsistent with the right to freedom of movement (s.52) and non- discrimination (s.55) (Luluaki, 2009; US Embassy, 2011). Otherwise, there are two main domestic statutes relevant to child labour and the worst forms of child labour in PNG, the Employment Act 1978 and the Lukautim Pikinini Act 2009. The Employment Act defines a ‘child’ as a person under 16 years and thus sets the minimum age for work, hazardous work, night work and work in mines at this age (ITUC, 2010; US Embassy, 2011; Luluaki, 2009). It also states that children may not be engaged in employment in industrial undertakings, in the fishing industry or under circumstances that are/are likely to be injurious, though there is no list of hazardous work from which children are prohibited (ILO Committee of Experts, 2011; Law Library of Congress, 2008). Hence, children aged 16-18 years do not enjoy the full protections from hazardous employment or employment conditions as required by C138 (Art. 3). Further, s.104 refers to a child’s ‘health’ alone without reference to his/her safety and moral interests. Under the terms of the Employment Act, persons aged 14 or 15 may be employed in any industry other than an industrial undertaking or the fishing industry, if the employer has the appropriate consent; where the employer is satisfied that that person no longer attends school; and the work is not considered harmful to a child’s health or physical, mental or spiritual development (Luluaki, 2009; ITUC, 2010; ILO, 2011a; US Department of State, 2011; Law Library of Congress, 2008).7 Children are prohibited from working between 6pm-6am unless aged 16-17 years and working for a family business (US Embassy, 2009). Children aged 11-16 years may work in family businesses by obtaining medical clearance, parental permission and a work permit, provided it does not interfere with school attendance.8 The Act also provides for labour standards inspections but in the formal sector only, notwithstanding the prevalence of child labour in the informal economy (ILO, 2011d). 7 This is inconsistent with the Minimum Age (Sea) Act 1972 which sets the minimum working age at 15 except when allowing a younger person to be employed on a ship “on which only members of the same family are employed” (s.6). Further, s.7 permits a person under 15 but not younger than 14 to be employed, regardless of whether a ship is one on which only family members are employed. This is inconsistent with s.103(3) of the Employment Act and C138 (Art. 2(3)). 8 The Apprenticeship and Trade Testing Act 1986 sets the minimum age for apprenticeship at 15 though a younger person may begin an apprenticeship contract provided appropriate prior consent is obtained. No minimum age is specified though work by children younger than 11 is prohibited by the Employment Act (s.103(2)). Page | 29 The Lukautim Pikinini Act repealed the Child Welfare Act 1975 and amended the Criminal Code 1974. It increases the definition of a child from a person under 16 years of age to 18, as per C138, C182 and the CRC. Its aim is to provide broad measures of protection to all children in PNG, including those working in the informal sector, and it covers child welfare as well as employment issues. Under section 10, the engagement or employment of a child in any situation that may be harmful to his/her health, education, mental, physical or moral development or well-being is prohibited. Section 94 sets out the terms for the legitimate employment of children aged 15-18 years in part-time, temporary or unpaid work as “to raise moneys to reasonably contribute towards his own development and that of his family” or “under special circumstances and subject to such conditions or arrangements approved”, so long as the child is not exposed to a hazardous environment. Its following section makes special provision for the protection of children from exploitative exposure or exhibition, and resembles the issue of artistic performance as per Article 8 of C138 (Luluaki, 2009). The Act stipulates a number of penalties for any parent, caregiver or other person with authority over a child, or for an employer, for breaching the law or assisting a breach of the law. The DCD is responsible for the oversight of the measures contained in the Lukautim Pikinini Act, though participants at the 2013 National Forum emphasized the importance of a partnership approach with the DLIR. The DCD recently undertook a series of regional stakeholders’ consultations to establish implementation and coordination mechanisms at the regional and the provincial levels, including the Lukautim Pikinini Provincial Council. A revised version of the Act was presented to Parliament in 2013. The Mining (Safety) Act 1992 is also a significant piece of legislation, given the importance of the primary sector to the PNG economy. It sets the minimum working age for the sector at 16 but does not allow females to work underground. As noted above with respect to the Employment Act, this age limit may be seen as insufficient to fully protect boys aged 16-18 years from hazardous work in mines. Other legal issues There are two particular areas where the law has been seen as incomplete or insufficient in addressing the specific issue of the worst forms of child labour – drugs and child trafficking. As noted above, many children, especially in rural areas, are involved in cultivating, smoking, transporting and selling marijuana. However neither the Dangerous Drugs Act (Chapter 228) nor the Customs Act (Chapter 101) identify using, procuring or offering children for producing, trafficking and/or selling dangerous or narcotic drugs as a specific offence meriting particular sanctions. This type of offence and appropriate penalties could be better specified in order to combat this form of WFCL. Also, as discussed above, there remains some ambiguity and controversy relating to child trafficking as, until July 2013, there was no specific legislation governing the selling or trafficking of children, or adults, per se. Child trafficking was addressed in various ways by legislation prohibiting the exploitative utilization of children. For example, the Criminal Code (Sexual Offences and Crimes Against Children) Act 2002 addresses the sexual exploitation of children, and specifically child prostitution. It prohibits the use, procurement or offering of a child under 18 for the production of pornography or for Page | 30 pornographic performances. It also forbids the abduction, kidnapping or procurement of girls younger than 18 for sexual exploitation (ILO Committee of Experts, 2011; Government of PNG, 2002) and under S.229 makes it an offence for a person to offer, engage, allow or facilitate the engagement of a child in prostitution. According to Luluaki (2009: 49), “these provisions could be interpreted to be wide enough to criminalize child trafficking for commercial sexual exploitation purposes including prostitution.” The Criminal Code also makes “child stealing” a crime (S.361), where the child is aged under 14, and S.353 prohibits kidnapping/abduction with “intent to compel the other person to work for him against his will.” This is thought to be a wide enough definition to include situations where children are engaged by child labour recruiters knowingly using fraudulent or deceptive means (Luluaki, 2009). However this is an incomplete treatment of child trafficking for the purposes of (forced) child labour, and does not address, for example, instances where a child may be removed with parental consent. Various authorities had identified the law governing child trafficking as weak, ahead of the legislative change. The UN’s CEDAW called on PNG to develop a specific legal framework on human trafficking, including the prevention of trafficking, timely prosecution and punishment of traffickers, provision of protection from traffickers/agents, and quality support and programmes for victims. In 2010, the ILO Committee of Experts stated that the Criminal Code only protected girls from trafficking for the purpose of sexual exploitation, and that there did not appear to be similar provisions protecting boys. Nor were there legislative provisions prohibiting the sale and trafficking of children for the purpose of labour exploitation. Noting that PNG was about to embark on a major legislative review, the Committee expressed hope that the new provisions would prohibit and penalize the sale and trafficking of girls and boys under the age of 18 for sexual and labour exploitation (Office of the UN High Commissioner for Human Rights, 2011). The Department of Justice and Attorney General (DJAG), in partnership with the International Organisation for Migration, developed draft legislation in this area as part of a USDOS-funded project (US Embassy, 2012. This complemented the review programme that began in 2009 to ensure that PNG’s labour laws fully comply with the international instruments governing child labour and the worst forms of child labour (ILO, 2013a). The People Smuggling and Trafficking in Persons Bill, first drafted in 2010, progressed into law in July 2013. There remains much to be done in terms of its application and enforcement in practice. Page | 31

3.2 Child labour and the worst forms of child labour policy framework As noted above, a child labour policy and legislative review began in PNG in 2009 and identified the need to develop a clearer framework for government and other initiatives in this area (Luluaki, 2009). A draft NAP was proposed at the first National Child Labour Forum in July 2011 as part of the TACKLE project, though the recommended establishment of a National Coordinating Committee to complete and implement the NAP was not fully operationalised. This NAP is intended to help develop this framework further and in particular with a view to implementation. “Implementing existing provisions is more important that developing new policies.” Context Policy development in PNG is supported by international institutions and bilateral donors which align their contributions to the country’s priorities. Australia is PNG’s largest bilateral donor and runs a comprehensive aid programme in support of the government’s medium-term development goals (see below). The programme focuses on: improved governance and nation building; sustainable broad- based economic growth and increased productivity; improved service delivery and stability; and responding to the HIV/AIDS epidemic. In 2008, the PNG and Australian governments signed a Partnership for Development which commits both countries to work together to meet common challenges, in particular to make faster progress towards achieving the MDGs and other development goals. The Partnership focuses on five priority outcomes: better access to markets and services through improved infrastructure; faster progress towards universal basic education; improved health outcomes; strengthened public administration, including at the provincial and district levels; and developing new approaches to providing sound development data, including a national census. Other major donors include the EU, which under its 10th European Development Fund (2008-2013) focuses on education, human resources development and the rural economy, and the Asian Development Bank which in its Country Strategy and Program for PNG 2006-2010 emphasized several key strategy areas including public financial management, private sector development, the transport sector, education and health and HIV/AIDS. The international context for policy development in the area of child labour and the worst forms of child labour is particularly strongly associated with the ILO. The International Programme on the Elimination of Child Labour (IPEC), created in 1992, is an important aspect of the ILO’s Decent Work Agenda and its largest single operational programme, with TACKLE forming a central part. The ILO Governing Body also formally endorsed a Roadmap for Achieving the Elimination of the worst forms of child labour In November 2010. This sets out the strategies and actions required to make effective Page | 32 progress to meet the target dates for the MDGs of 2015 and the elimination of the worst forms of child labour by 2016, and it provides guiding principles to governments to: i) enforce the right to education for all children; ii) assume responsibility at the highest level with the best interests of children in mind; iii) assess the impact of relevant policies on the worst forms of child labour; iv) develop and strengthen policies and programmes that address child labour issues; v) take actions to combat child trafficking and prostitution; and vi) address the potential vulnerability of children to the worst forms of child labour in the context of migratory flows. The Global Action Program on Child Labor Issues (GAP) 2011- 2015, which includes PNG, supports and furthers the goals of the Roadmap, focusing on building government capacity and developing strategic policies to address the elimination of child labour and forced labour; improving the evidence base through data collection and research; and strengthening legal protections and social service delivery for child domestic workers (US Department of Labor’s International Labor Affairs Bureau, n.d.). Legislative and policy developments in the area of child labour and the worst forms of child labour are also related to national strategies around economic and social development in PNG. These operate under the broad Vision 2050 programme and the PNG Sustainable Development Programme (PNGDSP) 2010-2030 (Paine, 2010). In the absence of a specific employment policy,9 the PNGDSP and Vision offer the cross-cutting, policy-driven framework to provide an “enabling” environment for employment and other priorities (ILO, 2012b). The PNGDSP is to be specified and implemented via four five-year Medium Term Development Plans (MTDPs). The issue of child labour is not mentioned in the current MTDP (2011-15), nor was it specifically addressed in the predecessor Medium Term Development Strategy (MTDS) 2005-2010. Nevertheless, the Vision seeks the elimination of child labour in PNG by 2042 (ILO, 2011d), and a number of relevant policies and activities have emerged from the MTDP and other related frameworks. These include areas such as economic development, youth employment, education, health and social welfare. The informal economy and rural development The significance of the informal economy was recognized by the Informal Sector Control and Management Act 2004, which has been under review since 2012. The Act permits and encourages the development of informal businesses under certain regulations including through inspection and with rules for the protection of public health and safety. The National Policy for the Informal Economy in PNG 2010-2015 also recognizes the importance of the informal economy and addresses its regulation. It notes that while there are no “jobs” as such in the informal economy, there are “income opportunities” which are beneficial but which also risk leading to forms of child labour and the worst forms of child labour. The Policy thus explicitly recognizes the contribution of the DLIR by providing support services and technical assistance and programmes for informal economy workers. One of the DLIR responsibilities is “Developing and implementing special programs to curb the issue of worst form of child labour in 9 A tripartite working group, supported by the ILO, is currently developing employment policy in PNG (ILO, 2012b). Page | 33 the informal economy”, though it does not elaborate on this (DCD/INA, 2011: 34). Elsewhere, the Policy emphasizes the importance to rural children of “a high-quality primary education that builds their literacy and numeracy skills, along with a sense of the wider world in which PNG is placed”, and not simply geared to the practical needs of the agricultural communities (ibid.: 26). The Government has also initiated economic policies that focus on rural PNG under the PNGDSP and MTDP. In particular, the longer term goal is to transform poverty “hot-spots” into “economic corridors” in order to generate some 2 million additional jobs. It is envisaged that this will also help to strengthen education, vocational training and informal business sector activity. Youth employment and enterprise Approximately 80,000 young people leave the school system in PNG annually, though the formal labour force offers only 10,000 new jobs per annum. The National Youth Policy 2007-2017 seeks to involve and empower youths (defined as aged 12-25), particularly “out of school” youths, in the development process. It aligns with the visions of the MDGs, MTDS, Pacific Youth Strategy 2010 and the Pacific Youth Charter, and was developed after consultation with many groups including young people and community-based organisations (CBOs). It focuses in particular on rural development and youth programmes that encourage self-employment and income-generation. Implementation of the Policy is coordinated by the National Youth Commission (NYC) and DCD. Training in entrepreneurship and business management has also been provided for school leavers by the DLIR and with technical assistance from the ILO under programmes such as “Start and Improve Your Business” and “Know About Business.” This also links to programmes designed to re-settle child labourers into education and training. Education and employment Initiatives focused on youth also from part of the Pacific Plan, which was endorsed by regional leaders in October 2005. This has four pillars: (i) economic growth; (ii) sustainable development; (iii) good governance; and (iv) security and social stability. The Plan seeks to achieve 13 objectives under these pillars and ILO activities contribute to several of these under its Decent Work Country Programme (DWCP), and in particular the human development area (health, education, child protection, social services and sustainable livelihoods). The ILO’s focus on children and youth is elaborated under DWCP priority 3, to promote productive and decent employment, particularly for young men and women via youth employment policies, and is aimed at improving education, training and the involvement of youth under pillar ii) of the Plan.10 The strategy also involved the launch of the Sub-regional Programme on Education, Employability and Decent Work for Youth in the Pacific Island Countries in April 2008 by the ILO in conjunction with social partners, including in PNG. An important aim is to mainstream youth employment issues into national policies and programmes. 10 The ILO’s work on HIV/AIDS is another objective under pillar ii). Capacity building within the DLIR (under DWCP priorities 1 and 2) will contribute to pillar iii). Increased employment, particular youth employment (under DWCP priority 3), will also contribute to pillar iv). Page | 34 Education The National Education Plan 2005-2014 (NEP) is informed by the targets set by the MDGs (especially universal primary education (UPE) in Goal 2) and the 1990 Jomtien Declaration on Education For All (by 2014). The Plan is designed to improve educational outcomes whilst embracing cross-cutting issues such as gender and HIV/AIDS (Joku, 2011). It acknowledges the difficulty in achieving the second of the Education For All goals, “ensuring that by 2015 all children have access to free and compulsory primary education of good quality” (DoE, 2004: 5), though the recently-implemented Universal Basic Education Plan (UBEP) is expected to result in a 10 percentage point increase (to 70% by 2019) in the proportion of school-aged children in education (Luluaki, 2009).11 The government is working alongside Australian and other donors to refine and implement the NEP, specifically to fully realize the UBEP by 2015 (Rena, 2011). On-going challenges include how to ensure primary education provision and access in remote areas, especially given the decentralisation of service delivery (UNDP, 2006); under-staffing and under-inspection of schools; the growth in the school-age population (AusAid, 2010); and issues relating to the quality of education provided (EdQual, 2010). Concerns over the latter are linked to recruitment issues, growing class sizes and staff stress following the implementation of free education (ILO, 2012b). A free universal education scheme was introduced in 2011 which begins at elementary level and extends through to Grade 10. School fees are subsidized for Grades 11 and 12 and for students at university and other tertiary colleges. According to Barker (2012: 4), the government’s commitment to “so-called” free education is on the one hand “overdue” but is also “adding greatly to the burden on teachers and the system if it is to be converted into delivery of a quality education system.” However, primary education, though now (virtually) free, is not compulsory (US Embassy, 2012). According to the UNDP Human Development Report 2010, a quarter of children in PNG never go to school, and children may complete their primary education at age 14 (grade 8) which, as Luluaki (2009) notes, does not coincide with the age limit of 15 for anything other than light work. Poverty, child protection and welfare The National Poverty Reduction Strategy 2003-2020 is underpinned by a series of nationwide Participatory Poverty Assessment consultations. It adopts a wide conceptualisation of poverty on both income and non-income dimensions, with the two major challenges for its reduction identified as economic growth combined with the provision of basic services, especially in education and health (ILO, 2012b). The MTDS noted that HIV/AIDS orphans are an especially vulnerable group that will require “new policies and regulatory procedures based on the partnership principle” (S.2.3.6) and that the disease is 11 The NEP seeks to expand enrolments in basic education from 957,000 in 2005 to 1,370,000 by 2014 and set universal enrolments of 6 year olds in the first year of school by 2012 (UN CEDAW, 2009) whilst, by 2030, through the PNGDSP, PNG aims to increase the net admission rate to around 70% and completion rate to approaching 100%. Page | 35 a “wider development issue that must be addressed from a multi-sectoral perspective” (S.4).12 This provides the policy framework for strategies to protect children and in particular enable them to continue their schooling. The current MTDP also observes that youth migration widens employment and education opportunities but can also spread STIs, including HIV. Effective coordination of efforts to fight HIV/AIDS under the MTDP takes place under the National AIDS Council’s leadership. The Council works towards strengthening collaboration and coordination within and across government, NGOs, CBOs and donors both in the delivery of services and in the development and use of the preventative services and monitoring (DNPM, 2010). Another relevant policy is the National Strategy for the Protection, Care and Support of Orphans and Other Vulnerable Children in PNG 2008-2011, developed by the OVC National Action Committee. It directly references child labour, trafficking, commercial sexual exploitation and potentially harmful traditional practices such as child marriage, and notes that children subjected to violence, exploitation and neglect are at risk of death, poor physical and mental health, HIV infection, educational problems, homelessness and also replicating their pattern of abuse (see also UNICEF, 2006). The Strategy seeks to achieve its objectives via “increasing their access to essential services in the area of protection, education and health, and by strengthening family, community, civil society and government, CP systems.” Policy development in this area is again linked to international developments. For example, a UNICEF child protection (CP) programme has been implemented recently in PNG, based on the UN strategic country programme of support. Directly related to child labour, the Social Justice, Protection and Gender Equality programme (among others) supports the promotion and protection of human and children’s rights. UNICEF recently worked with the DCD to strengthen existing arrangements and capacity building for the roll out of the Lukautim Pikinini Act 2009 (ILO, 2011d). Child welfare is also served by changes to policy relating to law enforcement. For example, the Police Juvenile Policy and Diversionary Protocol 2006 seeks to divert rather than arrest children (defined in the Juvenile Courts Act 1991 as aged 7-18), particularly for minor and non-violent crimes. Diversion is also available at the court level through an innovative Juvenile Court Diversion Programme. When children come before it charged with minor crimes, the court has the discretion to refer alleged offenders to community mediation rather than proceeding with a formal trial. Local mediators are accredited to facilitate resolutions between the child, the victim, parents and community members. In addition, Juvenile Court Magistrates throughout PNG have received training on juvenile justice principles to ensure that the children processed via the formal court system are handled in a child-sensitive manner and sentenced to imprisonment only as a last resort (UNICEF, n.d.). These developments improve the capacity of the state social and welfare services as a whole to deal with manifest problems relating to child abuse, neglect and child labour and the worst forms of child labour. 12 In the National Strategic Plan on HIV/AIDS 2006-2010, children were considered under its sixth focus area, family and community. Objective 3 sought full recognition of human rights, including children’s rights, in addressing the HIV epidemic whilst objective 4 sought to build capacity for community-based organisations and groups to identify and support orphans and vulnerable children. Page | 36

3.3 National programmatic response There have been a number of initiatives in the areas of child labour and the worst forms of child labour in recent years in PNG, in addition to the policy and legislative developments described above. These include a series of direct, advocacy and capacity- building interventions informed by the TACKLE project, implemented under the auspices of the ILO IPEC programme which has as its goal the progressive elimination of child labour. Related to this project, there have also been efforts to better engage with multiple stakeholders, and to mainstream child labour and the worst forms of child labour into considerations relating to law, policy and practice. The government of PNG endorsed the ILO DWCP in 2008 and thereby committed to review legislation and policy to protect ©LT- Children at play. human dignity and working conditions, including in the area of child labour. The IPEC-TACKLE project, which is financially supported by the EU, is a core project of the overall DWCP agreement (ILO, 2011d). Its main goal is to contribute towards poverty reduction in lesser-developed countries by ensuring equitable access to basic education and skills development to the disadvantaged. The focus in PNG has been to support the capacity of the national and local authorities, in collaboration with the social partners and civil society, to formulate, implement and enforce effective law and policies in the areas of child labour and basic education (ILO, 2012b). The TACKLE project is therefore aligned with the population development goals of the Vision 2050 (ILO, 2011d). To achieve its main aims, TACKLE works through four strategic areas. The first is improving the national child labour and education legal framework in project countries by supporting its preparation or strengthening it where it already exists. In PNG, this encouraged a child labour legislative review and a DLIR-led initiative of child labour labour law reform. A National Child Labour Forum in Port Moresby in 2011 was also held and this highlighted the importance of inter-agency partnerships at all levels to address the inter-related issues around child labour, education, poverty reduction and youth employment. Its objectives were to: conduct and present child labour research findings for PNG; create awareness and understanding of child labour concepts and conventions, and links between child labour and education; share information on relevant legislative frameworks and strategies to combat child labour; and contribute to developing a NAP for the Elimination of child labour and the worst forms of child labour (ILO, 2011c). The second of TACKLE’s strategic areas concerns strengthening institutional capacity, leading to improved ability to formulate and implement child labour strategies. A key action here is the development of research to inform policy and interventions. Following workshops organized by the Page | 37 IPEC Senior Statistician on child labour research, a child labour Research Committee was formed in 2010 with representatives from the DLIR, workers’ and employers’ organisations, the NRI and an NGO (ILO, 2013a). Empirical research included the first major study of CSEC and street working children in Port Moresby, conducted by the DLIR in April 2012. Another significant development was the introduction of the first education and training programme directed nationally at labour inspectors. The third strategic area of the IPEC project concerns targeted actions to combat child labour designed and implemented to develop effective demonstration models. One example of this is a preventative action programme against the CSEC and those at risk of engaging in child labour in Port Moresby, implemented by the YWCA from April 2012 (ILO, 2013a).13 The final strategic area is the enhancement of knowledge bases and networks on child labour and education through improved advocacy and dissemination of good practices. This was most recently demonstrated by PNG’s active observation of the World Day against Child Labour, involving students, teachers, youths and community groups. Activities included a March for Children, posters and poetry competitions, radio programmes, and child labour ‘sensitisation’ workshops for students and teachers through the schools (ILO, 2013a). As a head teacher at the 2013 NAP Forum emphasized, teachers are “very important” as they connect with the community and are able to educate both parents and children about child labour and the need for schooling. Another important and high profile advocacy programme was the child labour Roadshow which engaged with local communities around four regions of the country in 2013. The initiative was designed both as an educational and awareness-raising mechanism and as a vehicle for consultation with local groups and individuals on child labour and education. The mainstreaming of child labour was also an important goal of the DWCP. The original indicators agreed in 2008 included progress towards developing a NAP and its implementation; the mainstreaming of child labour issues into at least two national policies and programmes; and a review of labour, education, family and CP and criminal legislation to ensure their conformity with C138 and C182 (ILO, 2008). As noted above, much progress has been made (if beyond the originally envisaged timescale), including launching a regional consultation and information programme; reviewing and amending relevant legislation; and working towards conclusion of a NAP. The DLIR in particular has sought to mainstream child labour and the worst forms of child labour into its operations, including through the establishment of a Child Labour Unit to monitor and coordinate activities; supporting the development of the national child labour policy and legislative review; working to compile a hazardous child labour and the worst forms of child labour list and, since August 2009, by mainstreaming child labour into the training of labour officers and in the emerging inspection system. Research has also been conducted into child labour and closer collaboration developed with the DCD and other public bodies in order to more systematically exchange information and develop coherent, mutually-reinforcing policies and programmes around child welfare, child labour and youth employment (ILO, 2008). 13 However, according to the US Department of Labor’s International Labor Affairs Bureau (2012), research finds no evidence of other programmes to address WFCL, especially in the CSEC. More work could be done to develop and disseminate ‘good practice’ models. Page | 38

4.0 Gaps and priorities It is clear from the discussion above that the authorities in PNG recognize the importance of addressing child labour and the worst forms of child labour and have taken a number of active steps to address the various problems. This section reviews outstanding gaps or areas for further work and prioritization in the area of the worst forms of child labour.

4.1 Defining and understanding child labour There are several discrepancies in defining child labour in terms of minimum age for different types of employment between those used in international instruments and in PNG employment law. While the recent law review will bring such specific matters into alignment, there is a need for greater clarity and guidance around what constitutes acceptable and unacceptable child labour in the PNG context. Participants at the 2011 National Forum emphasised that work is traditionally a normal part of child development in PNG, and that the specific issue is “not simply kids in work, but work that is detrimental or harmful.” The Forum accepted the definitions stipulated by the Conventions (section 1.2), whilst emphasizing the need to understand the boundaries to potential harm. The Forum defined harm in terms of work commitments that are not only potentially dangerous, criminal or risk ill-health, but which ‘impede a child’s learning, education and upbringing’ or which ‘interferes with his or her physical, mental and social development’. However, it was also agreed that parents and community leaders as well as the relevant authorities would benefit from specific guidance as to what qualifies as legitimate or potentially harmful child labour in terms of the type and amount of work involved, given the particular nature of the economy of PNG and its cultural heritage. Participants at the 2013 Forum also stressed the need for awareness-raising around the concept of child labour in order for any regulations to be effectively implemented. The provision of documentary advice and guidance on the law therefore also links to awareness-raising and advocacy (section 4.6). A more specific definition of ‘light work’ and ‘hazardous work’ were seen as priorities, and in particular the development of a comprehensive list of hazardous occupations from which children should be prohibited. A definition of light work would help advise on what forms of work children should be permitted to perform, under what conditions and for how long, and would perform an educative and not merely enforcement function. Particular attention should be directed to paid employment as payment may incentivise the child to over-work, and an employer might not view the child’s best interests as highly as a family member. The analysis of proscribed hazardous work also needs to be tailored by location (e.g. urban, settlement and rural) and indicate whether activities are hazardous in themselves and/or become so depending on a child’s age, or for how long work is performed. Studies indicate that a significant proportion of working children in PNG are exposed to hazards in their working environment (see Appendix 2). The importance of an authoritative and comprehensive list of hazardous occupations was stressed by 2013 Forum participants. Page | 39

4.2 Data collection The utility of child labour research has been demonstrated by various studies in recent years including those under the TACKLE project (ILO, 2011a) and others such as DCD (2010), HELP Resources Inc/ UNICEF (2005) and a range of smaller, sectoral studies and observational commentaries (e.g. Chen, 2009a; Joku, 2011; Sea, 2009). Research enables the scale and character child labour to be accurately assessed, and this empirical evidence facilitates the more efficient and effective allocation of resources. However, there is a lack of national-level representative statistics relating to work and employment in PNG, and mandating the National Statistics Office with the regular and systematic collection of labour market or household survey data is a priority in order to inform government economic and social policy. This data would permit longitudinal and disaggregated analyses (e.g. by gender, age, location, sector, formal and informal work) and ad hoc surveys and qualitative research can also be used to shed further light on specific issues relating to child labour, such as extent, demand and supply causative factors, and working conditions. These could also be industry specific to develop deeper understanding of the phenomenon in particular sectors such as agriculture, fisheries, entertainment (including nightclubs), forestry/logging and mining. The need for research was a strong theme raised by participants at the multi-stakeholder 2013 National Forum as well as through the child labour Roadshow. As one participant put it, “there is a need for national research to have a fair representation of what each province is doing”, and another pointed out that each area of PNG has “very different issues … with a distinct culture and circumstances.” For example, it was suggested that repeating the Port Moresby study in the provinces would help identify and monitor different issues and priorities. Anecdotal evidence suggested that problems such as child abuse, prostitution and the production of child pornography were worse in Lae than in Port Moresby, and the development of the palm oil industry in Kimbae had led to a proliferation of sex work. The NAP Forum participants also made a number of practical recommendations relating to any programme of child labour research:  A complete understanding of child labour requires a household-level basis to capture factors and dynamics relating to e.g. family composition; employment status, welfare, earning capacity; and parental attitudes and behaviour in raising children. This would also better contribute to the development of prevention strategies which focus on at-risk children, and which are typically less expensive than protection measures.14  Local labour offices could have a role in data collection, as well as other formal national networks such as the National Council of Women which operates through local and national government.  Responsibility for collating data from different sources, including from community groups and NGOs as well as official surveys and qualitative studies, should be invested in a coordinating body such as the proposed child labour Unit office (see Sections 5, 7 and 8). The CLU can also 14 UNICEF costed their post-intervention CP response as K3,800 in the first two weeks alone. Page | 40 liaise with bodies such as the ILO, UNICEF and the International Organisation for Migration in order to identify research needs and appropriate methods whilst coordinating with international research programmes.

4.3 Policy development, coordination and evaluation The review of child labour law and policy which concluded in 2009 reported that there were “no clear or direct policies concerning child labour… What policies there are, are unclear, indirect or altogether silent on the issue” (Luluaki, 2009). There has been some progress since then (as discussed above), but there remains a need to develop a clear strategic framework that integrates child labour, welfare, and educational policies and interventions within a focused, singular Policy.15 This NAP is a contribution to the development of a Policy concerning the progressive elimination of child labour, including the worst forms of child labour. Such a policy needs to be based on clear definitions and understandings of the multi-dimensional nature of the child labour problem; identify institutional mechanisms for ensuring the mainstreaming of child labour policy and actions across government departments and agencies; and incorporate a dynamic series of actions and targets. Just as important is the definition of responsibilities for implementation, monitoring and enforcement, and review. The DLIR is currently responsible for implementing and enforcing employment laws relating to child labour, and the Office of the Director for Child Welfare in the DCD is responsible for enforcing the broader provisions of the Lukautim Pikinini Act 2009 (ILO Committee of Experts, 2011). There is also a clear role for the Department of Education in developing and implementing actions to prevent child labour and to reintegrate child workers into schools or training opportunities. However, networking, coordination and collaboration in PNG around child labour and the worst forms of child labour matters has been generally weak, with the three key departments and other relevant agencies largely working in isolation and with different priorities (ILO, 2011d). This does not best serve what is fundamentally a cross-cutting issue and participants at the 2013 Forum emphasized the “need to break down the brick walls between agencies” under “a NAP and an over-riding policy framework to bring it altogether.” Participants at both the 2011 and 2013 NAP Forums referred to the need for (a) a National Coordinating Committee (NCC) on child labour to take an overall role in coordinating activities in support of the Policy and associated Action Plan, and (b) a new Child Labour Unit, based in the DLIR, to coordinate activity at the operational level. District child labour committees would also be required with a mandate and resources to coordinate and provide oversight of child labour activities in their area. Discussion at the Forum stressed that such mechanisms were of vital importance to coordinate and review policy; ensure implementation, evaluation and review; and also share learning including from the ‘bottom up’: 15 For example, the ILO (2011d: 10) observed that TACKLE is not specifically referred to in PNG’s Education Plans - “(t) here is some ‘reluctance’ to talk about it because of no clear policies on CL. More consultations need to be held and harmonized technical areas of cooperation to eliminate CL through education.” Equally, the development of the first Employment Policy needs to clearly address CL/WFCL as priority concerns. Page | 41 “We need to review policy to make sure it is working, not just introduce it, but there is no agency or body to enforce or implement it.” “Implementing existing provisions is more important that developing new policies.” “A community conversation is needed (rather than simply rolling out a top-down initiative from Port Moresby), with engagement down to the village level.” “There is a need to link learning from NGO and community initiatives. There is a need for coordination around knowledge sharing, not just policy, which will help the Government … thereby better focus resources.” Forum delegates also emphasized the need for implemented initiatives to be sustained; they referred to: “a perennial problem of funding which is frequently ‘one off’ and there is no resource planning for what transpires afterwards – so NGOs may get projects off the ground but they need government to sustain them.” Suggestions including ring-fencing part of the budget granted to local authorities for child labour and the worst forms of child labour work, together with better political engagement such as speaking to MPs and governors from the provinces “so that there is ownership at local level which can also help as a push factor on the government in Parliament - but its priority has been the economic boom, not its attendant social problems.” In summary, the introduction of an NCC and CLU would progress the coordination of strategy, and its effective implementation and review, by (a) focusing and integrating initiatives across government departments and agencies, (b) providing vertical coordination with local representative bodies, and (c) establishing more effective liaison with external stakeholders such as NGOs, employers’ organizations, trade unions and donor bodies. To this end, it was strongly recommended at the 2013 Forum that each relevant department and agency should nominate a particular individual with responsibilities in child labour and the worst forms of child labour to participate in the NCC in order ensure the effectiveness of inter-departmental cooperation and coordination: “Ideally, it is necessary to identify an individual officer assigned to this area of work for internal coordination and to liaise with other official bodies. For example, departments just send various people to activities such as these and it is not working. There is no consistency or continuity.” These members of the NCC, as well as CLU officers, would require specific training in order to ensure adequate technical capacity. Page | 42

4.4 The law and its enforcement The legal framework for child labour is improving but incomplete. The 2009 review found the law to be unsatisfactory in technical terms, given inconsistencies in definitions, but also inadequate provision for implementation and enforcement. It concluded that “Children therefore remain, to a real and large extent, unprotected from child labour including hazardous work despite the presence of these laws” (Luluaki, 2009: 8). A similar verdict was reached by the ITUC (2010) and ILO (2011a). However, progress has been made in terms of the introduction of the Lukautim Pikinini Act, review of the juvenile justice system, and in current proposed revisions to the Employment Act and other relevant legislation. Priorities include applying consistent age limits for various forms of work across the different Acts, and ensuring adequate protection from the worst forms of child labour in the informal sector. The current review of the Informal Sector Control and Management Act (2004) should explicitly address child labour and the worst forms of child labour including arrangements for inspection and the provision of advisory and awareness services. A particular gap is the need to ensure the effectiveness of legislation concerning human trafficking, especially with regard to children. The criminal code contains provisions prohibiting some forms of human trafficking, such as the trafficking of children for commercial sexual exploitation and slavery, and the forced labour and slavery of adults. As discussed above however (section 3.1), the law is limited in addressing trafficking in terms of forced labour, and PNG has so far not ratified relevant international treaties and conventions (e.g. the 2000 UN Trafficking in Persons Protocol). Specific legislation on human trafficking was introduced in July 2013 (see section 2.2.3), and this should help deal with the problem indirectly, by raising awareness as to what practices constitute unacceptable behavior in terms of child welfare and labour, as well as through enforcement of the new provisions. Child trafficking is a hidden phenomenon and, as discussed above, ambiguous in its relationship to traditional practices such as marriage and adoption. It is therefore insufficiently understood and seldom reported. This means that education, campaigns, and research is as important as having relevant law in place if the problem is to be identified and addressed. Research, policy development and the monitoring of enforcement could be overseen by the national human trafficking committee. This body is currently convened irregularly and its meetings are poorly attended. It should be revived, under the new legislative mandate, and adequately resourced, with clear links to a new NCC on child labour. In terms of child trafficking enforcement, there are a number of priority issues to consider. There has been some anti-trafficking training for law enforcement officers and community members provided through the funding support of foreign donors. However have been no prosecutions and apparently no investigations of suspected trafficking offenders under existing laws. Discussion at the 2013 Forum highlighted two problems. First, that the regional police have a high workload focused on violence and property crime, and limited resources (“they may have a vehicle but not enough fuel!”). Second, Page | 43 potential complainants are especially vulnerable and are likely to feel threatened and fear repercussions. It was suggested that a special Police Unit is needed to hear reports and ensure the proper investigation of women/ child abuse, including abuse related to trafficking. Serious offences should also be heard before criminal courts. It was reported that trafficking-related crimes in rural areas were referred to village courts, which administered customary law including restitution penalties of ‘compensation’ payments by the offender to the victim. This meant that the offence was unlikely to be notified to the police or criminal charges brought. Finally, there needs to be clear provision made to assist victims of trafficking, including by referral to NGO shelters. The authorities also need to be sensitive to issues of trafficking in terms of crimes committed as a result of being trafficked, for example under prostitution laws. More generally in terms of the overall framework of child labour law, weak enforcement and thus compliance has been observed as a perennial problem (Luluaki, 2009). There are two ways in which this could be improved. First, as noted above, the establishment of an effective NCC and CLU would help develop an integrated approach to monitoring the implementation and impact of legislation, as well as coordinating policy development across the various government departments and agencies and engaging with external stakeholders. Second, the system of labour inspection needs to be extended and better resourced, and stable and effective leadership assured.16 The ILO Committee of Experts and the DCD have noted that enforcement of legislation is poor because of inadequate personnel resources on the part of labour inspectors and the police (US Embassy, 2009; ILO Committee of Experts, 2011). The establishment of a CLU within the DLIR would be a very positive step, but the shift from a response to inspection regime, and any prospective widening of responsibilities to the informal sector, could mean that the labour inspectorate is increasingly under-resourced relative to its growing responsibilities.17 Another positive development was the introduction of training in child labour for Labour Officers in 2009. This training needs to be continually reviewed to identify areas which might need strengthening (e.g. the handling of sensitive cases of the worst forms of child labour). Relevant processes and protocols also need to be established and regularly reviewed so that, for example, children identified as working in child labour and the worst forms of child labour are appropriately dealt with in collaboration with the DCD. Finally, there is also a need to ensure the routine collection of data relating to the performance of inspections (e.g. financial resources, number of inspectors/ inspections carried out, mechanisms for filing formal child labour complaints, the number of child labour cases discovered and processed, and how). These should be presented in the form of an annual report. 18 16 Forum participants referred to the deleterious effect of patronage/ cronyism in terms of the leadership capability and turnover of senior staff. 17 There is currently an absence of inspections in the informal sector where most CL/WFCL occurs, suggesting that relevant legislation need to be extended beyond the formal sector and interpreted in relation to the informal sector (also ILO, 2011d). 18 Similarly, the Police Sexual Offenses Squad should present relevant data on the number of investigations conducted etc. both overall and in relation to CSEC. Page | 44 Finally, law and policy needs to be reviewed to ensure clarity concerning the definition of an employment relationship and employers’ responsibilities to workers, including children, therein. For example, child labour in the primary sector and plantations is often linked to piece-work payment systems which incentivize adults to engage child family members in support. In the cities, child labour might involve a shopkeeper providing goods to children to sell on the streets for commission, or result from subcontracting work to smaller businesses in the informal economy. Employers should have responsibility for any children working on their property or for their benefit whether they formally or directly engage them or not, and they must ensure compliance with the law.

4.5 Social partner responsibilities Both ILO conventions C138 and C182 envisage an important role for trade unions and employer representatives. The experience and expertise of the social partners is invaluable in helping develop and implement effective policies and programmes on child labour and the worst forms of child labour. This will most effectively operate at the national level through representation on the NCC. At sector level, especially in industries exposed to child labour and the worst forms of child labour (such as agriculture, tourism, entertainment), employer organizations and the relevant trade unions should be encouraged or required to develop Codes of Practice for the employment of children and elimination of the worst forms of child labour. These should be developed by the relevant social partners with specialist advice from the CLU. A certification scheme for employers may also be considered.

4.6 Awareness and advocacy Awareness and advocacy initiatives are important to educate the public around the worst forms of child labour and child labour, including child trafficking, but also to demonstrate that this is a priority issue for the government. Actions could include media publicity campaigns, literature dissemination and public forums. Information on child labour and the worst forms of child labour could be targeted at employers so that they understand at what ages and under what conditions children may legitimately be employed. Providing information and activities through the schools would also serve to inform and potentially empower children as well as facilitate parental education around the issues. Participants at the 2013 National Forum argued that the DoE needs “to be fully involved in the child labour space, for example… social development education, informing children of their rights, so what is a child’s rights at his or her age, and who can he or she turn to if there is an issue – an advocacy role around the rights of the child.” Thus, “within schools, there is a need for life skills in the curriculum, ideally extending to parents.” Teacher training in child labour and the worst forms of child labour is also therefore important, and “HR investment in education could be a vital conduit for raising understanding for parents.” There was also an emphasis on the family and community generally as these were seen as both facilitators of and potential obstacles to child labour and the worst forms of child labour, especially in the informal economy (Luluaki, 2009). There was agreement at the 2013 Page | 45 Forum for a need to “focus on parents, as the family unit is the appropriate focus for child labour, and there is a need to achieve ‘buy-in’.” Awareness and advocacy around child labour and the worst forms of child labour should also dovetail with related concerns around e.g. HIV transmission and the impact of HIV on children, and domestic violence (in the light of the Family Protection Bill 2013). Ultimately, the introduction of a national Human Rights Commission would help coordinate effective advocacy, but the draft 2008 law has yet to proceed through the parliamentary process. Local-level and NGO-led advocacy initiatives are also increasingly significant, and many successful examples were highlighted at the 2013 National Forum. A UNICEF project in the settlements identified that problems with school attendance were associated with parental separation and placement with extended family. Older youths were used as mentors to children to help clean up the settlement, and they advocated from house to house for parental responsibility which resulted in almost universal school attendance in that area (“working with the community is the key so people learn, take ownership and are held to account”). Similarly, a Save the Children representative referred to a ‘Most Vulnerable Children’ project in the Banana Block, Goroka, with successful examples including the provision of basic skills training such as sewing so girls could produce goods for sale. The discussion also strongly suggested the need for a mechanism to coordinate and disseminate learning from these various initiatives (see also section 4.3). Forum participants stressed that community projects should inform policy development so as “to learn from initiatives on the ground, what works and thus resource.” It was argued that “policy is too top down” whereas “the focus should be on bottom up – finding out what works and disseminating best practice.”

4.7 Education National development and education plans and strategies have identified basic education as a major national priority, particularly with respect to cohort retention rates, the gender disparity in participation, and education and skills development (ILO, 2012b; DPM and NEC, 2012). As discussed above (section 3.2), there have been a number of positive developments in terms of access, equity, retention and quality at all levels of education, with the emphasis in recent years on achieving UPE (CEDAW, 2009). A series of reforms, started in 1993, have contributed to higher entry and retention rates, improved curricula, better teacher training and the development of a vernacular (as well as English) elementary education programme (Jonduo, 2006). Under the NEP and the recently- implemented UBEP, the percentage of children enrolled at primary school in PNG is expected to increase to 70% by 2019. The DoE (2009: 5-6) has also recently established clear principles, rights and responsibilities to inform the management of schools, including that ‘every child has the right to an education and the right to learn… every student has the right to a relevant, student-centred and engaging curriculum and a competent teacher who is fair and caring’. Page | 46 However, there is scope to improve educational provision further; expenditure on primary and secondary education fell from 19% to 10% as a proportion of state spending and from 4.8% to 3.5% in terms of share of GDP over the period 1998-2007 (AusAid, 2009). There is an insufficient number of teachers and uneven quality in terms of facilities, materials and teacher competency. This particularly applies to the rural schools, where attendance is also affected by remoteness. It is evident that there needs to be more investment in the schooling system, particularly given demographic change, in order to ensure the success of UPE. A serious commitment to UPE would also mean introducing compulsory school attendance, at least at the primary ages (ILO, 2011d). Careful consideration would have to be given to how such a policy might be enforced, given the links between school withdrawal, child labour and poverty (see below). Thus, a priority in terms of retaining children in school (and thereby reducing risk of child labour and the worst forms of child labour) is to review the resourcing of the UPE policy. Not all schools have received sufficient subsidy to enable free education in practice (ILO, 2012b). There have been local responses such as the introduction of the Ipatas Children's Foundation by the Enga Provincial Government to subsidise school fees for Engan children, but more systematic efforts are needed nationwide to reduce or eliminate the financial barriers to schooling. Delegates at the 2013 NAP Forum argued that access to education “is only to some extent free. Parents generally contribute around 20% ... they still have to find money for uniforms, books and the K200 ‘project fee’.” This was seen as particularly significant given the rising cost of living in terms of prices for basic foodstuffs and, in Port Moresby especially, housing rents. School enrolments and retention might also be better served by innovative schemes such as adapting schedules and curricula to local contexts, and offering in-school feeding programmes, as has worked effectively elsewhere through the UN World Food Programme (Government of Malawi, 2009). The commitment of the DoE (2009) to a universally high-quality, child-centred education system also requires the support of a high-quality and comprehensive inspection and advisory regime. This includes awareness-raising and best-practice dissemination, as well as dealing effectively with problem cases as they are identified across the country as a whole.19 Hence the resourcing and priorities of the education inspectorate need to be analysed to ensure it is fit for purpose. Finally, access to education is important as a means of withdrawing children from child labour and the worst forms of child labour as well as preventing it in the first place. Education and skill-based training programmes enable children to obtain better quality jobs and work, and children who are out of school and in or at risk of child labour need access to these resources (ILO, 2011a). At older ages this could link to training through technical colleges (see Parker et al., 2012), perhaps facilitated by a bursary system.20 19 Delegates to the 2013 Forum highlighted how boarding schools, which commonly serve remote rural areas, may themselves be engaged in CL. “They utilise CL to collect firewood or work in the school mess (including with dangerous equipment) and also in the school fields. Most have their own plantations. Children are using tools such as bush knives and are exposed to snakes and often faint in the heat; they are punished for lateness or classroom misbehavior by being sent to labour in the fields though there is now a ‘behaviour management policy’ in place around the child’s rights such as no punishment by labour.” 20 As one 2013 Forum delegate remarked, “kids in prison are trained to fix mobile phones, so why not do this before prison?!” Page | 47

4.8 Poverty, welfare and social policy Family poverty is linked to both poor school participation and child labour (section 2.3). There is thus a need to explicitly address the worst forms of child labour and child labour initiatives in national growth and poverty alleviation strategies such as the MTDP and National Poverty Reduction Strategy (section 3.2). Mainstreaming child labour and the worst forms of child labour in economic and social policy would need to address three issues: (a) Economic growth needs to directly contribute to adequate household incomes, food security, and infrastructural, education and medical development. Poor health, education, communication and infrastructure services, in combination with a lack of employment opportunities, generate acute social problems such as crime, violence, homelessness, illiteracy, and the worst forms of child labour. (b) There is also a need to better develop systems of social protection. Like most Pacific Island developing nations, PNG lacks comprehensive social security or unemployment benefit schemes (UN Economic and Social Commission for Asia and the Pacific, 2007; ILO, 2011d). The only relevant provision is superannuation, which can be drawn down as unemployment support or for other reasons, but this extends only to formal sector employees (ILO, 2012b). Delegates to the 2013 National Forum suggested that part of the revenues from major projects such as the LNG should be dedicated to providing a form of social insurance or minimum income floor “so that kids don’t have to work for their families to survive.” (c) There needs to be effective mechanisms to ensure that children identified as engaged in the worst forms of child labour (e.g. begging in the street) are referred to appropriate agencies and that these have the requisite programmes and resources to ensure that such children are provided with the relevant interventions in terms of welfare, education and training. These should also be sensitive to the needs of children with HIV/AIDS. Response mechanisms and programmes need to be in place early so that effective safety and support can be offered to the child (and to families, as intervention may significantly reduce household income) as instances of child labour and the worst forms of child labour are dealt with. Page | 48

4.9 Action on emerging worst forms of child labour Emerging forms of child labour and the worst forms of child labour are on the one hand more difficult to address, as there may be even less research or knowledge as to their extent, nature and causes, but are also important to deal with before the problems become widespread and entrenched. Discussion at the 2013 National Forum identified three main forms of emergent worst forms of child labour that require priority action. (a) The growth of tourism in the South Pacific has raised concerns about (child) sex tourism, particularly as authorities in Asia begin to deal more effectively with their well-established problems. This needs to be prioritized for research and preventative measures including awareness campaigns and criminal prosecutions. Further efforts also need to be directed to the “Demand Reduction Programme”, including for commercial sex; PNG is one of 30 countries involved but is among 10 of those criticized for insufficient action (US Department of State, 2012). Measures in this area are thus also highlighted in this NAP. (b) Child trafficking for labour, or use in illicit activities, has also been identified as a significant (and related) emergent worst forms of child labour which in PNG is linked to common traditional practices around adoption and child marriage (section 2.2.3). There is a need for further research to establish the magnitude and nature of the problem in order to design effective interventions to implement the new People Smuggling and Trafficking in Persons Act. (c) Street working by children might also be considered a relatively new if rapidly growing form of child labour and the worst forms of child labour. The DCD (2010) observes that the street children phenomenon is new to PNG, associated with urbanization and social dislocation, but goes on to report that “over the last 10 years, they have become commonplace to towns, truck stops and settlements.” The ILO national coordinator for PNG, Richard Samuel, also comments that child street labour is “an emerging problem in PNG whereas in other countries it was a development issue … [and] we need to address it at this level before it becomes a major problem” (Maie, 2013). Page | 49

5.0 Proposed NAP The overall goal of this NAP is to progressively eliminate the worst forms of child labour in PNG through preventative and remedial measures involving all relevant governmental and other stakeholders at national and local levels. The objectives and outcomes outlined below build on the draft NAP action plan developed with stakeholders at the child labour National Forums held in Port Moresby July 2011 and May 2013. The NAP is guided by four strategic objectives: a. To mainstream child labour and the worst forms of child labour issues in national and sectoral social and economic policies, legislation and national framework programmes by 2016. b. To improve the knowledge base on child labour and the worst forms of child labour for informed policy and programme development c. To combat child labour and the worst forms of child labour through the prevention, protection, rehabilitation and re-integration of children engaged with child labour or the worst forms of child labour and their families d. To build and strengthen the technical, institutional and human resource capacity of stakeholders dealing with child labour and the worst forms of child labour elimination in PNG.

5.1 Strategic objective 1 To mainstream child labour and the worst forms of child labour issues in national and sectoral social and economic policies, legislation and national framework programmes by 2016. Primary outcomes 1. child labour targets and strategies are developed and incorporated into development strategies 2. Labour legislation and policy is harmonised with respect to child labour and the worst forms of child labour in PNG 3. Policy coordination is strengthened via appropriate multi-stakeholder and inter-ministerial mechanisms (see section 6) Relevant action and outputs  child labour and the worst forms of child labour issues need to be addressed in national development framework programmes/ policies (e.g. MTDP)  Introduce a consistent definition of child labour and the worst forms of child labour in all statutes and policies, and provide guidance on ‘light work’ and a list of ‘hazardous work’ or occupations that is culturally sensitive and practical (in relation to a child’s age and hours of work as well as the work itself) Page | 50  ensure protection of children in the informal economy by revision of the Informal Sector Control and Management Act 2004 and National Informal Policy 2011-15  ratify relevant international (labour) treaties and conventions (e.g. the UN Trafficking in Persons Protocol 2000)  An adequately resourced child labour Unit needs to be introduced within the DLIR. It will assume coordination activities horizontally (across different departments), vertically (to child labour committees in the provinces) and externally (with stakeholders). It will also provide operational oversight for child labour inspections Contextual considerations  ensure a system of birth and marriage registration (e.g. to enforce age identification)  develop strategies to stem urban migration (including with respect to land use) Page | 51 Strategic objective 1: To mainstream CL and WFCL issues in national and sectoral social and economic policies, legislation and national framework programmes by 2015 Outcome 1.1: child labour targets and strategies incorporated into prevailing development strategies and policy coordination strengthened via appropriate multi-stakeholder and inter-ministerial mechanisms Suggested outcome Potential activity Monitoring indicator Time- Lead agency Input and/ or budget frame and others responsible Mainstream child  Consultation process involving key  Extent of modification to 2014- DLIR, DNPM,  Review activity labour/WFCL in national parties strategic plans to 2015 DCD, other key  Meetings framework  Review of existing strategies account for child social partners programmes, policies labour/WFCL and legislation Mainstream child  Analysis of agricultural food security  %/number of people 2014-tba NDAL, NARI,  Meetings labour/WFCL into policies and their potential for with food during lean DLIR, other key  Review activity agriculture policies, preventing child labour/WFCL periods social partners  System development including food security  Development of food provision for vulnerable families system, including meals in schools Prioritise sector policies  Initiatives to stem urban drift  Surveys conducted on-going Employers  Research (e.g. agricultural and  Facilitation of child labour/WFCL  Number of training (organisations),  Training activity rural (community) surveys in agricultural sector and in programmes conducted farmers, other development) rural areas in sector key partners  Lobby for adequate budgetary  Acquisition of budget allocation and support for child and support in sector labour/WFCL activities in rural areas  Number of child and agricultural sector labour/WFCL cases  Help in detecting child labour/WFCL at detected community level in rural areas Outcome 1.2: Harmonisation of labour legislation and policy with respect to child labour and WFCL in PNG Outcome 1.3: Mainstreaming of gender in child labour/WFCL policies and programmes Consider ratification of  Submission of relevant conventions to  Ratification of 2014- DLIR, Justice  Engagement in 21 outstanding relevant PNG parliament for consideration treaties/conventions 2015 Department, ratification process international treaties/  If ratified, provision of regular progress  Compliance with PNGEF,  Monitoring activity conventions, reports by PNG standards/ timeframes PNGTUC, 21 If a convention is ratified, it generally comes into force for that country one year after the date of ratification. PNG would then commit itself to applying the convention in national law and practice and reporting on its application at regular intervals. regulations, and Parliament, ILO optional protocols (technical assistance if required) Develop a consistent  Consultation process involving key  Level of child 2014 DLIR, PNGEF,  Engagement in definition of children, parties labour/WFCL definitional PNGTUC, DCD, consultation process child labour, WFCL and compliance with ILSs NGOs, unions, other relevant terms community for all statutes and groups, ILO policies that fit with ILSs extend child  Assessment of mainstreaming of child  Identification of 2014- DLIR, DCD,  2 x reviews labour/WFCL labour labour/WFCL issues addressed in remaining legal gaps on 2015 NGOs, others,  Meetings law review to the revised labour law WFCL ILO  Lobbying activity informal economy  Meetings to discuss child labour/WFCL  Identification of legal regulation in the informal economy gaps on WFCL in the  Lobby for review of policies and laws informal economy on child labour/WFCL Develop and  Assessment and development of draft  Production of a WFCL 2014 DLIR, other key  NAP Forum review disseminate a list of list in Appendix 2 of this NAP (page 31) hazard list agency work hazardous forms of  Dissemination workshops  Completion of represented at  Dissemination child labour/WFCL in dissemination exercise 2013 NAP workshops PNG Forum Develop and  National and regional consultation  Production of child 2014-tba DLIR, others  Workshops disseminate child workshops labour/WFCL policy  Assessment work labour/WFCL Policy  Mainstreaming gender in child  Number of dissemination  Dissemination activity labour/WFCL policy and programmes activities  Meetings  Dissemination of policy  Number of media reports  Press conferences/other media  Gender analysis of child  Community meetings labour policies and  Social dialogue meetings programmes Develop and support  Social partner meetings  Appropriate provisions in unions,  Meetings collective bargaining  Mainstreaming of child labour/WFCL collective bargaining employers, agreements concerning clauses in collective bargaining agreements other key child labour/WFCL arrangements and agreements partners Page | 53

5.2 Strategic objective 2: To improve the knowledge base on child labour and the worst forms of child labour for informed policy and programme development Primary outcomes 1. Development of robust baseline quantitative research on child labour and the worst forms of child labour in PNG 2. Implementation of focused (qualitative) supplementary research programmes into specific aspects of child labour and the worst forms of child labour and/or or industries or regions, including the continuation of child trafficking research and further research into the demand for child labour and the worst forms of child labour Relevant action and outputs  Introduce a labour force survey (LFS) with sections on child labour and the worst forms of child labour, or consider a specialized household survey on child labour and the worst forms of child labour. The data should be constructed for longitudinal analysis and permit disaggregated analysis (e.g. sector, region, industry and occupation, age and gender)  ensure local labour offices collect relevant data  develop and make more use of the LMIS to incorporate child labour in its labour market research  conduct impact studies for interventions introduced to reduce or eliminate child labour and the worst forms of child labour Strategic objective 2: To improve the knowledge base on child labour for informed policy and programme development Outcome 2.1: Extension of data/research on child labour/WFCL in PNG by 2015 Suggested outcome Potential activity Monitoring indicator Time- Lead agency and Input and/ or frame others budget responsible Prioritise extension of  National research working party  Research guidelines and 2014- DLIR, NSO, NRI,  Research child labour/WFCL coordinated by DLIR/ NCC and NSO training manuals 2015 local labour  Database research to assess  Preparation of proposals to secure  LFS and representative offices, YWCA, ILO, development national and funding surveys IPEC-TACKLE, disaggregated  Identification of researchers,  Local labour offices’ creation Salvation situations participants and training of disaggregated and WFCL Army/CP/NYC/Car  Identification of potential areas for case databases itas PNG, other research on child labour/WFCL  Development of national key partners monitoring system for child labour/WFCL linked to other databases  Evaluation of improvements or otherwise in child labour/WFCL situation  Research reports Develop child  Preparation of proposals to secure  Research guidelines and 2014- CLU (DLIR), DoH,  Research labour/WFCL impact funding training manuals 2015 DCD, NRI, ILO,  Database research  Identification of researchers,  Research surveys IPEC-TACKLE, development participants and training  Creation of a database on PNGEF, PNGTUC,  Identification of interventions and child labour/WFCL impacts local labour their impact(s) on child labour/WFCL  Evaluation of child offices, YWCA,  Development of studies on the labour/WFCL impacts Salvation Army/ relationship between child P.NYC/ Caritas labour/WFCL and HIV/AIDS PNG, other key incidence/transmission partners  Usage of LMIS to respond to labour shortages  Development of a national monitoring system for child labour/WFCL and HIV/AIDS

5.3 Strategic objective 3 To combat child labour and the worst forms of child labour through the prevention, protection, rehabilitation and re-integration of children engaged with child labour or the worst forms of child labour and their families Primary outcomes 1. Improved awareness of and advocacy against child labour and the worst forms of child labour, with the majority of the PNG population able to understand and accurately interpret child labour issues 2. Education, training or alternative employment opportunities provided to children prevented from engaging in, and especially those withdrawn from, child labour and the worst forms of child labour 3. Social support and improved livelihoods for families, former child labourers and those at risk of child labour and the worst forms of child labour, and protection of children at risk of child labour and the worst forms of child labour and victim assistance 4. More effective enforcement, monitoring and evaluation systems Relevant action and outputs Advocacy  prioritise awareness and advocacy on child labour and the worst forms of child labour and education, utilising media, schools, trade union, employer and NGO channels  regularise the child labour and the worst forms of child labour roadshow Education  provide systematic training programmes on child labour and the worst forms of child labour for juvenile justice and welfare officers, education and labour inspectors, teachers  regularly monitor schools to ensure implementation of UPE (e.g. assess receipt of subsidies to enable free education; completions since the inception of policy developments; gender ratio of students; cohort retention rates; skills development)  conduct a thorough cost/benefit analysis concerning a policy of compulsory primary education  school management to be made more sensitive to child labour and the worst forms of child labour e.g. revise curriculum to include child labour and the worst forms of child labour and life-skills in the local context; promote the “safe schools concept” to aid retention; ensure schools provide an appropriate environment for female children (e.g. with sanitary facilities); ensure implementation of the behaviour management policy, including through inspection and sanctions; develop strategies that encourage attendance and retention (e.g. flexible schedules to allow children to perform other tasks; some provision of food) Welfare and support  ensure the provision of basic support services such as child counselling in schools and links to shelters for abused women and children  provide specialist support services to victims of child trafficking  develop reintegration mechanisms for children withdrawn from child labour and the worst forms of child labour, with clear protocols concerning the roles of DCD, DoE and DLIR Enforcement  work with employers to develop industry-specific codes of practice or certification schemes  clarify employer responsibilities and liability with regard to children working for them as family or subcontracted labour  extend labour inspection regime to the informal economy and ensure child labour and the worst forms of child labour an important part of inspection duties  review inspection capacity in terms of number of Labour Officers, their training and general resourcing Contextual considerations  expand youth employment and enterprise training programmes for older children (14-17 years), including training on health and safety  develop micro-finance initiatives and credit unions to facilitate savings and loans for informal economy workers  rural development to include consideration of social infrastructure for children (e.g. sports) and basic provision of services such as medicine, water, fuel  develop a concept paper with a view to introducing (time-bound) basic social security/ welfare provisions in PNG  provide special support to children with HIV/AIDS or in HIV/AIDS-affected households  ensure implementation of anti-trafficking legislation including training of police and requisite research and reporting  require police to collect, collate and provide data on young people with respect to CSEC, juvenile diversion and domestic abuse Page | 57 Strategic objective 3: To combat child labour/WFCL through the prevention, protection, rehabilitation and re-integration of children engaged with child labour/WFCL and their families Outcome 3.1: Improved awareness of and advocacy against child labour/WFCL, with 80% or more of the PNG population able to understand and fairly interpret child labour issues by 2014 Suggested outcome Potential activity Monitoring indicator Time- Lead agency and Input and/ or frame others budget responsible Prioritise continuation of  Greater usage of all media forms to raise  Reports on media 2014 Local  Awareness and nationwide awareness awareness of child labour/WFCL publicity interest/community advocacy activities and advocacy on child  Increase awareness of ILO work on child  Project completion groups, Justice  Counselling labour/WFCL labour/WFCL in PNG (beyond translation of reports (covering Department, NGOs, activity C182 into pidgin) informal and formal faith-based  Materials  Extended coverage in formal and informal economies) organisations, media, economies, especially where there are no  Materials education, PNGEF, programmes  Documentation of child PNGTUC, trade unions  Development of public forums on child labour/WFCL cases and (training), employers labour/WFCL for children effects on children (organisations),  Materials theatre groups, media,  Provision of legal advice on (cases relating to) DLIR, ILO child labour/WFCL  Provision of counselling  Employer awareness events aimed at various sectors and sensitisation on costs of child labour/WFCL Develop nationwide  Community-level meetings on cultural  Reports on and number 2014 DCD, Police  Community awareness and advocacy on practices that promote child labour/WFCL of community meetings Department, advisory education sessions CP (measures)  Parent education on child labour/WFCL, “at on CP groups, community  Awareness risk” children, significance of child education,  Number of parent groups/parents, campaigns non-violent punishment education DLIR/ILO, other key  Enlargement of a communication programme programmes/sessions partners on support services completed  Number and scope of awareness campaigns through community policing and victim support units Continue/extend child  Secure labour sensitisation workshops in the  Records of meetings on-going DCD, Justice  Workshops labour/WFCL sensitisation provinces via consultation with DCD, Justice  Training reports Department,  Materials workshops Department, Police, DoE and DLIR (including Police Department, for juvenile justice and  Prepare IEC materials on child labour/WFCL officer/inspector DoE, ILO/DLIR, welfare officers, numbers involved) and Provincial education and labour media coverage Juvenile Coordination  Materials prepared Offices inspectors, and adult workers and families, on child labour/WFCL issues and impacts Continue inclusion of child  Provide child labour/WFCL latest issues for  Publications featuring on-going Social partners, DoE,  Publishing labour/WFCL issues in publication child labour/WFCL issues schools, ILO/DLIR  SCREAM information outlets from the  Conduct further SCREAM workshops with  SCREAM workshops workshops social partners (monthly, teachers conducted quarterly) Lobby for adequate   Budget allocation for on-going DLIR, other key  Lobbying activity budgetary allocation and awareness and advocacy partners support for child activities labour/WFCL activities Outcome 3.2: Educational opportunities provided to children prevented from engaging in, and those withdrawn from, child labour/WFCL Extend implementation of  Revisiting of guidelines to advocate and  Progress made on UBE 2014 DoE (TMT), DLIR, NRI,  Assessment work the recent UBE policy review monitor the implementation of the UBE implementation ILO/TACKLE, AusAID  Meetings and recommendations review report  % children in primary  Progression of a Working Committee (DoE, education DLIR, NRI) to investigate and monitor its implementation and submit a report to the DoE TMT, TACKLE PAC and DLIR Consider the introduction of  Development/progression of a TOR and  Copy of TOR and 2014 DoE, CLU (DLIR), ILO,  Technical and compulsory as well as free guidelines for a policy approach on guidelines higher education, funding support basic education for all compulsory and free education  Porum reports provincial  Workshops children from prep to 12  Stakeholders’ consultation forums and  Draft policy paper on education  Policy years, based on cost benefit workshops compulsory education departments, other development analysis  Engagement of consultants to work on policy,  Policy paper to key social including consideration of increased teacher parliament partners and schools numbers, and increased  Policy and legislative Government and resource developers’ funding review of education  Preparation of a draft policy paper and submission to DoE TMT Integrate child labour/WFCL  Progression of consultation with DoE  Reports of meeting 2014 DoE, ILO, UNICEF,  Technical and issues and implications into  Identification/refinement of key areas of child  Material produced AusAID, DLIR, NRI, funding support educational curriculum labour/WFCL  Extent of child unions, provincial  Curriculum development at all levels  Progression of child labour/WFCL IEC and labour/WFCL stakeholders materials curriculum materials for schools mainstreaming in educational curriculum Develop an informal  Provision of educational support to prevented  Number of (formerly) DoE, DCD, CLU (DLIR),  educational education strategy to assist and withdrawn children withdrawn children back community and support the reintegration of children in education advisory groups, other  $ (formerly) engaged in child key social partners labour/WFCL Page | 59 Creation of a conducive  Provision of facilities to ensure girls’  Number of withdrawn DoE, other key social  environment for female integration in education environment (e.g. girls back in education partners children in education proper feminine hygiene facilities) Conduct awareness   Increased local DoE, communities,  campaigns in schools and awareness of child other key social surrounding communities on labour/WFCL partners child labour/WFCL Outcome 3.3: (Alternative) employment opportunities provided to children prevented from engaging in, and those withdrawn from, child labour/WFCL and to their families by 201X Development of initiatives to  DLIR-led consultation on a certification  Development of a DLIR, PNGEF, PNGTUC,  encourage/mandate programme for employers to ensure no child workplace certification DoE, NTC, employers, employers in sectors worst labour/WFCL programme unions, other key affected by WFCL to consider  Increased dialogue between Government and  Level of child social partners their resource provision for employers on developing infrastructure, and labour/WFCL in and support to help eliminate dealing with the effects of the extended family workplaces WFCL and obligation systems  Impacts on company  In agriculture, develop frameworks for costs from employer (plantation) owners about child workers efforts to eliminate child  Target particular sectors and sub-sectors for labour/WFCL WFCL (e.g. tourism)  Development of workplace policy frameworks with regard to child workers  Greater employer awareness about who they can legally employ  Plantation owner workplace policy on child workers Strengthen urban and rural  DLIR-led consultations to develop  Meeting reports 2014- CLU (DLIR), PNGEF,  Meetings youth employment and government-other partnerships to extend  Consultation reports 2015 PNGTUC, unions, local  Technical and empowerment programmes existing post-primary and skills (technical,  Level of provision of labour offices, other funding support via expansion of post- vocational) development programmes post-primary and skills key social partners  Skills/development primary education and skills development training training development/ training programmes (especially programmes programmes for school for children in WFCL) leavers and out-of-school  Actual skills children (especially those in development among WFCL) targeted children Outcome 3.4: Social support/security and improved livelihoods for families and former child labourers and those at risk of child labour/WFCL Progress a social security net  DCD-led consultations to draft and support a  Records of meetings; 2014- DCD, ILO, UNICEF,  Consultations or system for PNG families social security policy that includes support copy of draft policy; 2015 employers Page | 60 schemes for disadvantaged families (e.g. to evaluation report on (organisations), other  Technical support develop income-generation activities in rural DCD role in progressing key partners and funding areas) social safety net policies/measures  Adoption of policy Strengthen informal support  DCD-led consultations on measures to  Reports on consultations 2014- DCD, CLU (DLIR),  Consultations systems in social initiatives strengthen wantokism support systems in  Formal and informal 2015 community leaders,  Technical support with a view to reducing child urban and rural areas feedback from NGOs, faith-based and funding labour/WFCL  Strengthening of family values with assistance community leaders groups, advisory  Legal aid of religious groups and other agencies  Strengthen informal groups, other key  Provision of alternatives for families at risk and support systems in social social partners disadvantaged groups in society, and provision initiatives of legal aid services  Level of legal aid available Outcome 3.5: Protection of children at risk and victims, and victim assistance and repatriation Develop rehabilitation and  Consultation between CLU (DLIR) and other key  Reports on consultations CLU (DLIR), DCD, ILO,  Consultations repatriation/reintegration agencies  Development of IPEC-TACKLE, NGOs,  Technical support mechanisms for children  Provision of support with formal and repatriation and faith-based and funding withdrawn from child community-based transit centres reintegration organisations,  Meetings labour/WFCL mechanisms community and  Number of children advisory groups and withdrawn from child services, other key labour/WFCL due to social partners reintegration efforts Provide psycho-social, health  Consultation between key agencies  Reports on consultations 2014- DCD, DoH, ILO, IPEC-  Consultations and (complementary)  Provision of special support to withdrawn  Development of special 2015 TACKLE, community  Technical support education support services to children who may have HIV/AIDS and/or are support around and advisory groups and funding children formerly engaged in from HIV/AIDS-affected households HIV/AIDS and and services, other  Meetings child labour/WFCL and their  Mobilisation of communities to identify and (withdrawn) CL/WFCL key social partners families design support structures for affected children  Usage level of special and families support  Provision of education and training to  Targeted training communities and families on HIV/AIDS in conducted and coverage relation to child labour/WFCL Control trafficking of children  Strengthening of network of agencies dealing  Number of children Police Department,  Networking for labour and CSEC with trafficking and migration reported to be involved DLIR, other key activity  Allocation of Government funding to in child trafficking and partners  Victim assistance international organisations/NGOs to assist CSEC trafficking victims Develop preventative  DLIR-led and consultations and development  Level of emerging WFCL DLIR, other key  Consultations measures to counter of strategy for education campaigns in various  Demand levels for WFCL partners  Demand reduction emerging WFCL (e.g. certain locales programmes sectors of street kids) Page | 61  Development of greater Government cooperation with progress on demand reduction programmes Provide protection and  DCD-led consultations and development of  Level of victim Police Department,  Consultations welfare to victims of child strategy to provide assistance to child assistance community groups  Victim assistance labour/WFCL on discovery labour/WFCL victims on discovery/in transit and in transit to their homes Outcome 3.6: More effective enforcement, monitoring and evaluation systems Progress, standardize and  DLIR-led consultations, with particular regard  Number of referrals DLIR, Police  Consultations strengthen enforcement to enforcement measures and processes to  Number of trails Department, Justice  Referrals procedures to counter child counter child labour/WFCL  Size of labour Department, unions,  Trials labour/WFCL  Referrals inspectorate and communities, other  Inspection activity  DLIR-led consultations to consider number of inspections key partners  Monitoring activity strengthening labour inspectorate and  Regularity of NHTC national human trafficking committee’s meetings capacity to deal with child labour/WFCL  Number of prosecutions including: (employers, traffickers,  appropriate penalties to employers those engaging children who use child labour/WFCL in law in CSEC, other)  speedy trials of child labour/WFCL  Documentation of child cases labour/WFCL at  referral of child-related cases to community level juvenile/child-friendly courts  inspections in the informal sector  community monitoring and reporting of child labour/WFCL cases Progress development and  Development of a TOR and guidelines for the  TOR and guidelines 2014 Working committee,  Consultations implementation of a national M&E framework/plan  Draft copies of M&E key social partners,  Technical and monitoring and  Development of indicators via meetings of plan ILO, EU, UNICEF, funding support evaluation system for child working committee and social partners  Workshops undertaken unions, NGOs labour/WFCL  Completion of the 1st draft of M&E plan for child labour  Progression of workshops with stakeholders to finalise the CL M&E Plan Page | 62

5.4 Strategic objective 4 To build and strengthen the technical, institutional and human resource capacity of stakeholders dealing with child labour and the worst forms of child labour elimination in PNG Primary outcomes 1. Build institutional capacity to identify and combat child labour and the worst forms of child labour throughout PNG through effective learning, training and review of policy and practice 2. Ensure three-dimensional coordination and knowledge management mechanisms i.e. horizontally (across departments and agencies), vertically (between central and local units), and externally (between state authorities and NGOs and aid bodies) Relevant action and outputs  Establish a NCC on child labour with nominated representatives from the relevant government departments and agencies and other stakeholders. This should be chaired and resourced by a specific department (preferably DLIR) and consist of named representatives from the DoE, DCD, DJAG, and others. Each represented body should have a nominated child labour ‘desk’ to oversee child labour issues within their remit  The DLIR should establish a CLU with overall responsibilities for child labour labour inspection, staff training, and liaison with local offices and other departments and stakeholders. It should be sufficiently resourced so that its dedicated expertise can also be used for policy advice and regulatory oversight. A network of Provincial Child Labour Committees also needs to be established and resourced. Strategic objective 4: To build and strengthen the technical, institutional and human resource capacity of stakeholders dealing with child labour/WFCL elimination in PNG Outcome 4.1: Building capacity and develop coordination and knowledge management to identify and combat child labour/WFCL throughout PNG by 201X Suggested outcome Potential activity Monitoring indicator Time- Lead agency and Input and/ or frame others responsible budget Develop an effective  Strengthen institutional and technical capacity  Committee meeting 2014 DLIR, DCD, DoE, Justice  Technical and mechanism to maintain to implement law and regulation (cf. report(s) Department, ILO funding support working links between ratification)  TOR and work plan (especially Tackle Project partners on child  DLIR-led development of a national  Expansion of Advisory Committee, and labour/WFCL and Build more steering/coordinating committee representation on with CLU formation), inter-agency collaboration  Development/extension of a national technical National Juvenile unions, NRI, UNICEF, committee (see Section 6) Justice Committee NGOs and other key  DLIR-led consultations to establish a working  Evidence of other social partners committee develop a TOR, work plan and national-level budget institutions’ CL/WFCL-  Development of a national coordination body related development (CLU within the DLIR) to foster inter-agency collaboration and coordination on CL/WFCL, with dedicated resources  Development of other national-level institutions (e.g. CL desks in other ministries) that are formalised and supported Sustain regular national  Annual/ regular social partner fora/workshops  Draft dialogue on-going DCD, DoE, DLIR, Justice,  Technical and consultative dialogue on on CL framework developed ILO, unions, UNICEF, funding support CL/WFCL framework with  Number of social NGOs, other key social key partners partner partners forums/workshops Develop policy that identifies  Formation and/or strengthening of national,  Level of multi-sector, - DLIR, others, local  Consultations relevant Government provincial, district and community structures stakeholder and – stakeholders  Victim assistance agencies and/or  Development of resource mobilisation ministerial departments to take primary mechanisms for district and community collaboration responsibility for structures  Level of victim implementing the NAP  Promotion multi-sector, -stakeholder and – assistance ministerial collaboration  Develop systems to intervene assist once children involved in WFCL identified (see Outcome 3.6)  develop stronger partnership between Government and NGOs Assess plan for/progress of  Initial consultations and dialogue meetings  Records of meetings on-going DLIR, ILO, POM Chamber  Consultations DLIR to establish partnership  Ensure to advocate for OSH and standards to of Commerce, IPA, 20  Advocacy activity with IPA, Chamber of be included in the business sectors Commerce and provincial provincial town  Technical town authorities for inclusion authorities support in efforts to eliminate CL/WFCL Address inadequate  (for example) assess DCD’s engagement in  Records on meetings 2014 DCD, DLIR, other key  Evaluation technical capacity and regional stakeholders’ consultations to  Evidence of social partners activity coordination among establish the implementation and engagement and  Technical enforcement agencies that coordination mechanisms at regional and progress on support create additional obstacles provincial centres implementation and to effective enforcement  Determine the roles of the new CLU (DLIR) in coordination at sub- coordinating, monitoring and evaluating the national levels implementation of laws and policies relating to CL/WFCL, and in examining and seeking to strengthen regulatory mechanisms Develop organisational  Identify relevant officers from key local social  %/number of local key on-going DLIR, ILO, DoE, DCD, NRI,  Technical capacity in training of local partners on CL/WFCL partner officers trained NGOs, CBOs, unions, support and key partners  Organise relevant training schemes for key other key social partners funding partners locally  Organise for abroad training on CL/WFCL Develop local (community)  Community initiatives and mobilisation drives  Resources amassed community groups,  Community resources to counter for resources  Level of child children, other key initiatives and CL/WFCL  Child participation in design and participation in partners mobilisation implementation of community-level community-level drives programmes programmes Page | 65

6.0 Management and coordination of the NAP

6.1 Implementation plan A National Coordinating Committee (NCC) was envisaged following the 2011 NAP Forum (ILO, 2011d). This is necessary to assume overall responsibility and direction for the “We need to review policy to implementation of the National Policy and Action Plan to make sure it is working, not just introduce it, but there is no Eliminate (the Worst Forms of) Child Labour, including Child agency or body to enforce or Trafficking. The NCC will ensure coordination and oversight implement it.” of the implementation process. It is recommended that the DLIR act as Secretariat to the NCC in order to ensure close collaboration with the CLU. The NCC shall consist of nominated representatives from the three main child labour-related Ministries (DLIR, DoE, DCD) and others which could include the Departments for National Planning and District Development; Commerce and Industry; Fisheries, Forestry and Marine Resources; DJAG; and Health/AIDS. Also represented would be relevant NGOs and CBOs and the social partners. Some of the potential roles and responsibilities of the main participants are indicated below. Department of Labour/Child Labour Unit The role of the CLU will be to ensure mainstreaming of child labour and the worst forms of child labour in PNG’s national framework programmes, policies and legislation and, at an operational level, to direct the child labour inspection regime and ensure that this is extended to the informal economy. It will facilitate inter-departmental coordination and information sharing and liaise with local bodies and external partners. Provincial Labour Officers will chair newly-established Provincial Child Labour Committees (PCLCs). These will liaise with NGOs and CBOs and run programmes and activities at the provincial, community and LLG levels. The CLU will support stakeholders, including employers, with relevant guidance and policy advice. It will ensure that DLIR field offices have the requisite training and information resources to enforce legal regulations and educate stakeholders in child labour and the worst forms of child labour. The CLU will also commission research and act as a hub for child labour and the worst forms of child labour data collection. In the immediate term it will develop and disseminate a list of hazardous forms of child labour and the worst forms of child labour in PNG. Department of Community Development The DCD will provide oversight of the process to extend child labour and the worst forms of child labour regulation to the informal economy. It will also develop child labour and the worst forms of child labour research and awareness raising at community level; manage training and information resources for welfare officers; and, as a priority, develop protocols in collaboration with the DLIR to ensure the rehabilitation, repatriation and/or reintegration of children withdrawn from child labour and the worst forms of child labour into education/training, child protection or legitimate employment. The Department will also lead the investigation and management of a business case for the introduction of a basic social security system to provide for PNG families otherwise facing destitution. Department of Education The DoE also needs to ensure that teachers, school staff and inspectors are sufficiently trained in child labour and the worst forms of child labour; that issues relating to child labour and the worst forms of child labour are included in the school curriculum; and that there is a strategy for the reintegration of children formerly engaged in child labour and the worst forms of child labour. Policies and practices need to be gender aware (including measures to raise female participation and completion rates and ensure requisite hygiene facilities for girls). The Department needs to ensure implementation of the UPE policy review and recommendations, and evaluate implementation of the Behaviour Management Policy. The DoE will commission research into the business case and operational requirements for the provision and enforcement of compulsory elementary education. Department of Justice and Attorney General The Justice department needs to ensure appropriate penalties are applied to those who use children as an illegal source of labour, especially the worst forms of child labour. This necessitates relevant training and information resources for juvenile justice officers and liaison with the Police Department to ensure adequate child protection under the law. Child trafficking is a particular priority and the DJAG needs to work with the enforcement authorities to ensure that this is adequately understood and resourced. The Department should lead a review into the case for ratifying outstanding relevant international instruments relating to child protection and welfare. Page | 67 Employer and labour organisations Employers’ organizations have an important role in awareness raising and information dissemination. Industry associations should develop Codes of Practice and consider certification schemes to ensure compliance with the spirit as well as the letter of the law, including advice on ‘inadvertent’ use of child labour and the worst forms of child labour via subcontracting or household labour supply. Trade unions have a similar role in terms of advice, monitoring and compliance. Both sets of social partners must also bring their experience to bear at national level to help develop and implement effective policies and programmes on child labour and the worst forms of child labour. NGOs and community organisations International NGOs and agencies have the resources “There is a need to link learning from and expertise to inform research, policy NGO and community initiatives. There is development and effective practice. Local bodies a need for coordination around have specialist knowledge concerning appropriate knowledge sharing, not just policy, which interventions and advocacy on the ground. Both sets will help the Government … thereby better focus resources.” of parties need to be represented on the NCC and work closely with the CLU and PCLCs. Proposed structure Ensuring the optimal horizontal, vertical and external coordination in policy development and implementation requires a hierarchical structure that embraces all key stakeholders but minimizes duplication and establishes an efficient mechanism for decision making and review. The NCC is the primary policy making body and its terms of reference will be established by a Tripartite Technical Committee comprising international experts as well as representatives of the relevant Ministries and social partners (figure 1.). A Task Force will report to the NCC and act as its executive arm and as a conduit to local bodies. The Task Force will also liaise closely with the CLU to monitor and report on the implementation of the NAP. A separate strategic plan for the child labour Unit has been developed which outlines its potential responsibilities.

6.2 NAP budget This NAP seeks to eliminate the worst forms of child labour in PNG by 2016. In order to achieve this, there is a need for mechanisms for sustained financing of the NAP. As the lead institution, the DLIR should have budgetary responsibility for the NCC as well as CLU, and will require additional and dedicated funding. Funding should come from existing government budgets and foreign aid support. The immediate priority of the DLIR will be to research a business plan to propose an overall medium term (3 to 5 years) and annual budget for the operation of the NCC, CLU and potential specific Page | 68 interventions (see section 7). The department will also liaise with key stakeholders in developing detailed work plans and budgets for proposed interventions on an ongoing basis. Provision can be made for resourcing of the local child labour committees by ring-fencing part of the grants provided by central government. Figure 1: Proposed structure for the coordination of child labour and the worst forms of child labour in PNG Tripartite Technical Committee (to establish T.O.R.) National Coordinating Committee (Relevant Ministries and external stakeholders) National CL/WFCL Task Force/Working CL Unit (DLIR) Group (DCD, DoE, DLIR, DJAG) 6 Provincial CL Committees District/Area CL Committees Community CL Committees A social tax the primary sector should also be considered to support the introduction of basic social security provision as well as measures to combat child labour and the worst forms of child labour (including Child Trafficking) and, also in the light of recent legislation, domestic abuse. Page | 69

7.0 Monitoring and evaluation The DNPM is responsible for the overall monitoring and evaluation of Government programmes but the bodies described in Figure 1 above will each perform an important and active role in monitoring and evaluating child labour and the worst forms of child labour interventions at different levels. Hence the DLIR, DCD, DoE, NDAL, Police Department, DJAG, other line ministries, NGOs, faith-based organisations, worker and employer organisations, community groups, academic institutions and development partners will also be part of the monitoring and evaluation process. The collection and analysis of research is fundamental to this process, and each of these institutions will contribute to this. The proposed child labour Unit within the DLIR will take the lead role in monitoring and evaluating the impact of interventions used in the implementation of the NAP and will deliver advice through the DNPM, the Office of the PNG Prime Minister and more immediately the NCC through its Task Force/Working Group. The NCC (in collaboration with the CLU) will also liaise with the NSO and other research institutions to commission research and incorporate relevant child labour and the worst forms of child labour questions in national and other surveys as appropriate. The NCC will meet annually to review the national consolidated data and feedback from implementing partners, and the outcome of the review process will be factored into the next annual implementation plan. The following sections outline priorities in terms of data capture and policy and outreach-level indicators. Child labour and the worst forms of child labour data indicators Meaningful research needs to be conducted longitudinally; through both quantitative (representative) and qualitative (focused) methods; and be capable of disaggregation to identify important patterns over time. Relevant considerations could include: gender/sex; age group; locale (province, district, and where possible, community); social and economic status; household structure and conditions; involvement in the formal/informal economy; family education; Child Trafficking issues; demand factors for the worst forms of child labour, including trafficked child labour; and child labour and the worst forms of child labour impacts on children and families. The Tripartite Technical Committee (TTC) should agree time-bound indicators for a research plan including for example provision for research guidelines and training manuals; research surveys and qualitative fieldwork; and the role of local labour offices in contributing to child labour and the worst forms of child labour databases, in collaboration with the NSO. Enforcement data should also be collected around labour inspection and the policing of child trafficking. Page | 70 Policy-level indicators The following constitute potential policy-level actions and indicators relating to NAP implementation. First, in terms of the law and policy regulation, it is necessary to conduct an assessment of relevant conventions and treaties in terms of further ratification or legislation; assess the regulation of child labour and the worst forms of child labour as it applies to the informal economy; produce and disseminate a list of hazardous forms of child labour and the worst forms of child labour in PNG; conduct a cost-benefit analysis on compulsory primary-level education and the extension of and skills development programmes for school leavers and out-of-school children (particularly those in the worst forms of child labour); monitor the frequency of inter-ministerial meetings on child labour and the worst forms of child labour and the level of participation from different departments; and conduct a review of existing social security and CP provision. Second, in terms of action planning, there is a need to conduct a review of the number of strategic plans and policies (e.g. education, labour, employment, migration) that include attention to the worst forms of child labour and child trafficking; collate dissemination activities and media reports, including the number of ministerial/Government official speeches or written outputs that mention the worst forms of child labour, including child trafficking; and identify the number of Government staff participating in training sessions/programmes that include the worst forms of child labour. Outreach-level indicators To further the data-collection and policy-related indices on child labour and the worst forms of child labour in PNG, there are a number of time-bound monitoring measures which could be adopted “on the ground” or at outreach level by each of the relevant NCC members. These include: the number of media reports on child labour and the worst forms of child labour; number of child labour and the worst forms of child labour cases documented/reported; number of number of community initiatives and meetings and parent education programmes; number of workshops (e.g. sensitization, SCREAM) for key stakeholders; progress made on UBE implementation; reintegration of child workers into education or training; number of child labour and the worst forms of child labour-related court trials and prosecutions (employers, traffickers, those engaging children in CSEC, other). Such indicators as agreed by stakeholders, through the TCC, would help inform and refine the ‘monitoring indicator’ column in the NAP matrix in Section 7. Detailed interventions The precise form and number of overall indicators needs to be determined at an early stage by the Tripartite Technical Committee when establishing the terms of reference of the NCC. Following this, the NCC should then develop a matrix of detailed interventions in order to help specify operationalisation of the NAP and assist in budgetary planning. An indicative example of is provided as Appendix 3. This is based on the draft NAP matrix developed at the 2011 National Forum, utilizing further desk research and input from the 2013 Forum. Its format Page | 71 and content would be agreed by the NCC in the light of its terms of reference; stakeholder engagement and analyses of the NAP above. The revised matrix would include cost estimates in the final column.

8.0 Conclusions Child labour is a complex issue. It embraces a continuum of activities which vary in levels of acceptance and risk, from normal expectations of work within families and communities to organized exploitation resulting in severe harm. The causes of child labour and the worst forms of child labour are also complicated and multi-faceted, and therefore difficult to resolve. However the issue is imperative. According to UNICEF (n.d.), “children in PNG remain some of the most vulnerable children in the world.” There is a vision in PNG to see all children educated and free from child labour and the worst forms of child labour by 2042 (ILO 2011, Annex 2). This requires prioritizing child labour and the worst forms of child labour into national economic and social development plans; ensuring the revision of relevant law (Lukautim Pikinini Act; Employment Act; Informal Sector Control and Development Act) as appropriate; and introducing a national coordinating committee with multi-agency, multi-stakeholder involvement. The NCC would overview, initiate and progress policy development and implementation, supported by local mechanisms. The establishment of a child labour Unit, with sufficient and dedicated funding from the Government, is also vital. The CLU will coordinate provincial and local child labour committees (established by DLIR provincial officers prior to the child labour Roadshow) to implement initiatives, and partner CBOs and NGOs to ensure knowledge transfer and best-practice dissemination. It will support Labour Officers in their inspection role and ensure they are equipped with the relevant knowledge, training and resources to make a practical contribution to the elimination of the worst forms of child labour. The remit of the CLU and DLIR needs to be extended to the informal sector and resourced accordingly. This report identifies a number of short- and long- term objectives, priorities and initiatives. It emphasizes the importance of research and of building institutional and operational capacity in order to specify the problem of child labour and the worst forms of child labour and to develop and evaluate relevant actions. However, the successful elimination of the worst forms of child labour requires a broad approach and strong commitment from the government. In short, the state needs to ensure that the fruits of economic growth are used more effectively to provide decent work opportunities and social welfare support to young people and their families across the country as a whole. Page | 72 Acknowledgements Many individuals and groups provided vital input and comment to this document. We would particularly like to thank the following for their assistance: Richard Samuel (ILO National Coordinator, PNG); Marie Fatiaki (National Programme Coordinator, TACKLE Fiji); Rosa Maitava (ILO TACKLE project, PNG) and participants in the NAP Forum in Port Moresby 13-15 May 2013. Images Images are provided courtesy of ILO Office for Pacific Island Countries and the Department of Labour and Industrial Relations (DLIR) PNG. ‘Children at play’ photos courtesy of Lachlan Towart © - www.lachlantowart.com. Layout and design Front cover design by Peter Blumel (ILO Media and Communications Officer, Suva) Layout and Artwork by Ahmad Ali (ILO Child Labour Project Officer, Suva) Page | 73

Appendix 1: ILO (2011a) Port Moresby study Table 1: Street children in CL under 12 years old by category, type of work, education and hours Categories of work Types of work Schooling Daily working hours Total (n) < 5 hours 5-8 hours 8-12 hours > 12 hours WFCL Begging Yes 1 - 1 No 1 1 Stealing 1 1 Hazardous work Town sweeper No 1 - - - 1 Collecting bottles, tins, Yes - - 1 - 1 cans, water containers, No 3 10 5 - 18 etc. Scrap metal scavenger No - - - 1 1 Control traffic Yes 1 1 2 No 7 2 9 Lifting heavy iron rod No 1 1 Street vendor Yes 1 3 2 - 6 No 3 7 8 1 19 Non-hazardous CL Domestic work No 2 - - 2 Working for other people No 1 1 Packaging Yes 11 1 Total (n) 12 29 22 2 65 1 The child that does packaging does not go to school 2 days a week to be able to earn money for the family. Source: ILO (2011a: 63), Table 5.3. Table 2: Street children in CL 12-14 years old by category, type of work, education and hours Categories of work Types of work Schooling Daily working hours Total (n) < 5 hours 5-8 hours 8-13 hours > 12 hours WFCL Begging No 1 - - - 1 Stealing No - 1 - - 1 Hazardous work Washing cars Yes - - 1 - 1 Controlling traffic Yes - - 1 - 1 No - 2 2 - 4 Street vendor Yes - - 2 - 2 No 2 8 16 2 28 Scrap metal scavenger Yes - 1 2 - 3 No - 1 2 1 4 Collecting bottles, cans, Yes - - 1 - 1 tins, containers, etc. No 3 6 4 - 13 Moving furniture Yes - 1 - 1 Carrying cargo from truck No - - 1 - 1 to the shop Chopping firewood No 2 - - - 2 Non-hazardous CL Cutting grass No 2 - - - 2 Digging toilet hole/cutting No - 1 - - 1 grass Domestic work No 4 - - - 4 Fishing No - 1 - - 1 Market vendor No - - 1 1 Total (n) 14 22 24 3 73 Source: ILO (2011a: 64), Table 5.4. Page | 74 Table 3: Street children in CL 15-17 years old by category, type of work, education and hours Categories of work Types of work Schooling Daily working hours Total (n) < 5 hours 5-8 hours 8-14 hours > 12 hours WFCL Sex worker No 1 1 2 Begging No 1 1 Stealing No 1 1 Hazardous work Car wash No 2 1 3 Street vendor No 2 1 3 Chop firewood No 1 1 Loading/unloading boxes No 1 1 from containers Collect bottles, tins, cans, Yes 1 1 empty water containers and sell No 9 1 10 Scrap metal scavenger No 2 2 Control traffic Yes 1 1 No 2 1 3 Move furniture No 3 3 Push trolleys Yes 1 1 Fishing and selling fish No 1 1 Total (n) 3 17 12 0 33 Source: ILO (2011a: 65), Table 5.5. Page | 75

Appendix 2: WFCL/CL (including child trafficking) and associated hazards/risks in PNG WFCL/chil Nature Prevalence Hazards/risks identified d labour /location Domestic - Urban and rural - Long hours without rest service private homes - Isolation in private homes; lack freedom of mobility (including - Physical and sexual abuse indentured - Over-worked/ under-paid servitude) - Non- or limited school attendance - Excluded from community-based health services, recreational opportunities (ILO, 2011b; ITUC, 2010; US Department of Labor, 2008; UNICEF, 2004) CSEC Child prostitution, - Urban centres - Pregnancy, abortion, rape, death including forced and streets - Abuse (physical, emotional, sexual, verbal) prostitution - “hot spots” (e.g. - Fear and worry of facing/being discovered family members because of bars, nightclubs) shame - Not being paid; clients not wanting to leave - Isolation/being condemned or rejected by family/community - STDs including HIV - Trafficking by guardians and parents to clients/a husband - Trafficking, both internally and from neighbouring countries - Under-age alcohol consumption and smoking; involvement in other illegal activities (e.g. drugs trafficking and use) (ILO, 2011a; ILO Council of Experts, 2006, US Embassy, 2009; Child Labor Information Bank, 2012; Human Rights Watch, 2012) Hazardous - Street vending - Urban areas - Physical hazards work in the - Traffic control - Long work hours informal - Town sweeper - Abuse (physical, verbal), including by authorities and the public sector - Collecting items (e.g. - Poor sleeping conditions if any bottles, tins, water - Lack of access to a water source and sanitation facilities containers) - Ill-treatment or bullying of younger children by older children (boys) - Scavenging (e.g. scrap - Children’s perception of immorality (when stealing) metal) - Fatigue and illness - Carrying heavy items - Unsafe workplaces (e.g. physical abuse, police beatings, older boys - Washing cars hitting and taking their money) - Handling axes/chainsaws - Vehicle fumes - Moving furniture - Forced or punished by mother or other relatives for not working - Carrying cargo from truck - Hunger, and food/money stolen by others to shop - Fighting; - Chopping firewood - Rape and pregnancy - (un)loading boxes from - Traffic accidents containers - Vulnerable to severe weather - Pushing trolleys - Vulnerable to crime - Selling fish - Illicit activity (begging, stealing, selling drugs) - Illicit activity - “Graduating” to next level on the street (ILO, 2011a, 2011b; US Embassy, 2011) Agriculture - Contract labour - Subsistence - Use of dangerous tools (e.g. machinery, machetes) - Household labour agriculture - Carrying heavy loads (informal economy) - Farming – cash - Exposure to harmful pesticides/chemicals (e.g. when spraying coffee and - Selling vegetables for crops and tea) family livestock - Long hours (e.g. on palm oil plantations, children help parents with long herding) Hours as payment is piece rate by the tonnage) - Seasonal work - Physical and mental development impaired - Plantations (e.g. - Manipulation by adults coffee, tea, - Smoking and drinking alcohol copra, palm oil) - Intensive work - Informal and - Adverse weather formal rural - Life-long impacts on child’s development economy - Under-paid/not paid Page | 76 (ILO, 2011b, 2011c; US Embassy, 2009, 2011, Child Labor Information Bank, 2012; DCD, 2010) Forestry, Other - Use of dangerous tools marine and Diving (e.g. for pearls) - Adverse weather fishing Logging - Drowning (e.g. older children diving for sea cucumbers - the better quality ones are very deep) (ILO, 2011b) Mining and - Exposure to extreme temperatures quarrying - Muscular and skeletal disorders - Inappropriate clothing; inadequate/inappropriate training and equipment - Exposure to chemicals (e.g. mercury used in gold mining) (ILO, 2011c) Manufactur - Exposure to heat, fire, explosions, poisons ing - Risk of respiratory diseases (processes) (ILO, 2011c) Child - Internal/domestic - Rural to urban - Abuse trafficking trafficking - To and from - Health issues/death - Rural to urban neighbouring - Exploitation/WFCL - Domestic countries work/exploitation Page | 77

Appendix 3: Indicative NAP matrix of detailed interventions Strategic objective 1: To mainstream CL and WFCL issues in national and sectoral social and economic policies, legislation and national framework programmes by 2015 Outcome 1.1: child labour targets and strategies incorporated into prevailing development strategies and policy coordination strengthened via appropriate multi-stakeholder and inter-ministerial mechanisms Suggested outcome Potential activity Monitoring indicator Time- Lead agency and Input and/ or frame others responsible budget Mainstream child  Consultation process involving key parties  Extent of modification to 2014- DLIR, DNPM, DCD,  Review activity labour/WFCL in national  Review of existing strategies strategic plans to 2015 other key social  Meetings framework programmes, account for child partners policies and legislation labour/WFCL Mainstream child  Analysis of agricultural food security policies  %/number of people 2014-tba NDAL, NARI, DLIR,  Meetings labour/WFCL into agriculture and their potential for preventing child with food during lean other key social  Review activity policies, including food labour/WFCL periods partners  System security for vulnerable  Development of food provision system, development families including meals in schools Prioritise sector policies (e.g.  Initiatives to stem urban drift  Surveys conducted on-going Employers  Research agricultural and rural  Facilitation of child labour/WFCL surveys in  Number of training (organisations),  Training activity (community) development) agricultural sector and in rural areas programmes conducted farmers, other key  Lobby for adequate budgetary allocation and in sector partners support for child labour/WFCL activities in rural  Acquisition of budget areas and agricultural sector and support in sector  Help in detecting child labour/WFCL at  Number of child community level in rural areas labour/WFCL cases detected Outcome 1.2: Harmonisation of labour legislation and policy with respect to child labour and WFCL in PNG Outcome 1.3: Mainstreaming of gender in child labour/WFCL policies and programmes Consider ratification of  Submission of relevant conventions to PNG  Ratification of 2014- DLIR, Justice  Engagement in outstanding relevant parliament for consideration treaties/conventions 201522 Department, PNGEF, ratification process international treaties/  If ratified, provision of regular progress reports  Compliance with PNGTUC, Parliament,  Monitoring activity conventions, regulations, and by PNG standards/ timeframes ILO (technical optional protocols assistance if required) Develop a consistent  Consultation process involving key parties  Level of child 2014 DLIR, PNGEF, PNGTUC,  Engagement in definition of children, child labour/WFCL definitional DCD, NGOs, unions, consultation labour, WFCL and other compliance with ILSs community groups, process relevant terms for all ILO 22 If a convention is ratified, it generally comes into force for that country one year after the date of ratification. PNG would then commit itself to applying the convention in national law and practice and reporting on its application at regular intervals. Page | 78 statutes and policies that fit with ILSs extend child labour/WFCL  Assessment of mainstreaming of child  Identification of 2014- DLIR, DCD, NGOs,  2 x reviews labour law review to the labour/WFCL issues addressed in revised remaining legal gaps on 2015 others, ILO  Meetings informal economy labour law WFCL  Lobbying activity  Meetings to discuss child labour/WFCL  Identification of legal regulation in the informal economy gaps on WFCL in the  Lobby for review of policies and laws on child informal economy labour/WFCL Develop and disseminate a  Assessment and development of draft list in  Production of a WFCL 2014 DLIR, other key agency  NAP Forum review list of hazardous forms of Appendix 2 of this NAP (page 31) hazard list represented at 2013 work child labour/WFCL in PNG  Dissemination workshops  Completion of NAP Forum  Dissemination dissemination exercise workshops Develop and disseminate  National and regional consultation workshops  Production of child 2014-tba DLIR, others  Workshops child labour/WFCL Policy  Mainstreaming gender in child labour/WFCL labour/WFCL policy  Assessment work policy and programmes  Number of  Dissemination  Dissemination of policy dissemination activities activity  Press conferences/other media  Number of media  Meetings  Community meetings reports  Social dialogue meetings  Gender analysis of child labour policies and programmes Develop and support  Social partner meetings  Appropriate provisions unions, employers,  Meetings collective bargaining  Mainstreaming of child labour/WFCL clauses in in collective bargaining other key partners agreements concerning child collective bargaining arrangements and agreements labour/WFCL agreements Estimated total output cost/budget  Strategic objective 2: To improve the knowledge base on child labour for informed policy and programme development Outcome 2.1: Extension of data/research on child labour/WFCL in PNG by 2015 Prioritise extension of child  National research working party coordinated  Research guidelines and 2014- DLIR, NSO, NRI, local  Research labour/WFCL research to by DLIR/ NCC and NSO training manuals 2015 labour offices, YWCA,  Database assess national and  Preparation of proposals to secure funding  LFS and representative ILO, IPEC-TACKLE, development disaggregated situations  Identification of researchers, participants and surveys Salvation training  Local labour offices’ Army/CP/NYC/Caritas  Identification of potential areas for research on creation of PNG, other key child labour/WFCL disaggregated and WFCL partners case databases  Development of national monitoring system for child labour/WFCL linked to other databases  Evaluation of improvements or Page | 79 otherwise in child labour/WFCL situation  Research reports Develop child labour/WFCL  Preparation of proposals to secure funding  Research guidelines and 2014- CLU (DLIR), DoH, DCD,  Research impact research  Identification of researchers, participants and training manuals 2015 NRI, ILO, IPEC-TACKLE,  Database training  Research surveys PNGEF, PNGTUC, local development  Identification of interventions and their  Creation of a database labour offices, YWCA, impact(s) on child labour/WFCL on child labour/WFCL Salvation Army/  Development of studies on the relationship impacts P.NYC/ Caritas PNG, between child labour/WFCL and HIV/AIDS  Evaluation of child other key partners incidence/transmission labour/WFCL impacts  Usage of LMIS to respond to labour shortages  Development of a national monitoring system for child labour/WFCL and HIV/AIDS Estimated total output cost/budget  TBC Strategic objective 3: To combat child labour/WFCL through the prevention, protection, rehabilitation and re-integration of children engaged with child labour/WFCL and their families Outcome 3.1: Improved awareness of and advocacy against child labour/WFCL, with 80% or more of the PNG population able to understand and fairly interpret child labour issues by 2014 Prioritise continuation of  Greater usage of all media forms to raise  Reports on media 2014 Local  Awareness and nationwide awareness awareness of child labour/WFCL publicity interest/community advocacy activities and advocacy on child  Increase awareness of ILO work on child  Project completion groups, Justice  Counselling labour/WFCL labour/WFCL in PNG (beyond translation of reports (covering Department, NGOs, activity C182 into pidgin) informal and formal faith-based  Materials  Extended coverage in formal and informal economies) organisations, media, economies, especially where there are no  Materials education, PNGEF, programmes  Documentation of child PNGTUC, trade unions  Development of public forums on child labour/WFCL cases and (training), employers labour/WFCL for children effects on children (organisations),  Materials theatre groups, media,  Provision of legal advice on (cases relating to) DLIR, ILO child labour/WFCL  Provision of counselling  Employer awareness events aimed at various sectors and sensitisation on costs of child labour/WFCL Develop nationwide  Community-level meetings on cultural  Reports on and number 2014 DCD, Police  Community awareness and advocacy on practices that promote child labour/WFCL of community meetings Department, advisory education sessions CP (measures)  Parent education on child labour/WFCL, “at on CP groups, community  Awareness risk” children, significance of child education,  Number of parent groups/parents, campaigns non-violent punishment education DLIR/ILO, other key  Enlargement of a communication programme programmes/sessions partners on support services completed Page | 80  Number and scope of awareness campaigns through community policing and victim support units Continue/extend child  Secure labour sensitisation workshops in the  Records of meetings on-going DCD, Justice  Workshops labour/WFCL sensitisation provinces via consultation with DCD, Justice  Training reports Department,  Materials workshops Department, Police, DoE and DLIR (including Police Department, for juvenile justice and  Prepare IEC materials on child labour/WFCL officer/inspector DoE, ILO/DLIR, welfare officers, numbers involved) and Provincial education and labour media coverage Juvenile Coordination inspectors, and adult  Materials prepared Offices workers and families, on child labour/WFCL issues and impacts Continue inclusion of child  Provide child labour/WFCL latest issues for  Publications featuring on-going Social partners, DoE,  Publishing labour/WFCL issues in publication child labour/WFCL issues schools, ILO/DLIR  SCREAM information outlets from the  Conduct further SCREAM workshops with  SCREAM workshops workshops social partners (monthly, teachers conducted quarterly) Lobby for adequate   Budget allocation for on-going DLIR, other key  Lobbying activity budgetary allocation and awareness and advocacy partners support for child activities labour/WFCL activities Outcome 3.2: Educational opportunities provided to children prevented from engaging in, and those withdrawn from, child labour/WFCL Extend implementation of  Revisiting of guidelines to advocate and  Progress made on UBE 2014 DoE (TMT), DLIR, NRI,  Assessment work the recent UBE policy review monitor the implementation of the UBE implementation ILO/TACKLE, AusAID  Meetings and recommendations review report  % children in primary  Progression of a Working Committee (DoE, education DLIR, NRI) to investigate and monitor its implementation and submit a report to the DoE TMT, TACKLE PAC and DLIR Consider the introduction of  Development/progression of a TOR and  Copy of TOR and 2014 DoE, CLU (DLIR), ILO,  Technical and compulsory as well as free guidelines for a policy approach on guidelines higher education, funding support basic education for all compulsory and free education  Porum reports provincial  Workshops children from prep to 12  Stakeholders’ consultation forums and  Draft policy paper on education  Policy years, based on cost benefit workshops compulsory education departments, other development analysis  Engagement of consultants to work on policy,  Policy paper to key social including consideration of increased teacher parliament partners and schools numbers, and increased  Policy and legislative Government and resource developers’ funding review of education Page | 81  Preparation of a draft policy paper and submission to DoE TMT Integrate child labour/WFCL  Progression of consultation with DoE  Reports of meeting 2014 DoE, ILO, UNICEF,  Technical and issues and implications into  Identification/refinement of key areas of child  Material produced AusAID, DLIR, NRI, funding support educational curriculum labour/WFCL  Extent of child unions, provincial  Curriculum development at all levels  Progression of child labour/WFCL IEC and labour/WFCL stakeholders materials curriculum materials for schools mainstreaming in educational curriculum Develop an informal  Provision of educational support to prevented  Number of (formerly) DoE, DCD, CLU (DLIR),  educational education strategy to assist and withdrawn children withdrawn children back community and support the reintegration of children in education advisory groups, other  $ (formerly) engaged in child key social partners labour/WFCL Creation of a conducive  Provision of facilities to ensure girls’  Number of withdrawn DoE, other key social  environment for female integration in education environment (e.g. girls back in education partners children in education proper feminine hygiene facilities) Conduct awareness   Increased local DoE, communities,  campaigns in schools and awareness of child other key social surrounding communities on labour/WFCL partners child labour/WFCL Outcome 3.3: (Alternative) employment opportunities provided to children prevented from engaging in, and those withdrawn from, child labour/WFCL and to their families by 201X Development of initiatives to  DLIR-led consultation on a certification  Development of a DLIR, PNGEF, PNGTUC,  encourage/mandate programme for employers to ensure no child workplace certification DoE, NTC, employers, employers in sectors worst labour/WFCL programme unions, other key affected by WFCL to consider  Increased dialogue between Government and  Level of child social partners their resource provision for employers on developing infrastructure, and labour/WFCL in and support to help eliminate dealing with the effects of the extended family workplaces WFCL and obligation systems  Impacts on company  In agriculture, develop frameworks for costs from employer (plantation) owners about child workers efforts to eliminate child  Target particular sectors and sub-sectors for labour/WFCL WFCL (e.g. tourism)  Development of workplace policy frameworks with regard to child workers  Greater employer awareness about who they can legally employ  Plantation owner workplace policy on child workers Page | 82 Strengthen urban and rural  DLIR-led consultations to develop  Meeting reports 2014- CLU (DLIR), PNGEF,  Meetings youth employment and government-other partnerships to extend  Consultation reports 2015 PNGTUC, unions, local  Technical and empowerment programmes existing post-primary and skills (technical,  Level of provision of labour offices, other funding support via expansion of post- vocational) development programmes post-primary and skills key social partners  Skills/development primary education and skills development training training development/ training programmes (especially programmes programmes for school for children in WFCL) leavers and out-of-school  Actual skills children (especially those in development among WFCL) targeted children Outcome 3.4: Social support/security and improved livelihoods for families and former child labourers and those at risk of child labour/WFCL Progress a social security net  DCD-led consultations to draft and support a  Records of meetings; 2014- DCD, ILO, UNICEF,  Consultations or system for PNG families social security policy that includes support copy of draft policy; 2015 employers  Technical support schemes for disadvantaged families (e.g. to evaluation report on (organisations), other and funding develop income-generation activities in rural DCD role in progressing key partners areas) social safety net policies/measures  Adoption of policy Strengthen informal support  DCD-led consultations on measures to  Reports on consultations 2014- DCD, CLU (DLIR),  Consultations systems in social initiatives strengthen wantokism support systems in  Formal and informal 2015 community leaders,  Technical support with a view to reducing child urban and rural areas feedback from NGOs, faith-based and funding labour/WFCL  Strengthening of family values with assistance community leaders groups, advisory  Legal aid of religious groups and other agencies  Strengthen informal groups, other key  Provision of alternatives for families at risk support systems in social social partners and disadvantaged groups in society, and initiatives provision of legal aid services  Level of legal aid available Outcome 3.5: Protection of children at risk and victims, and victim assistance and repatriation Develop rehabilitation and  Consultation between CLU (DLIR) and other key  Reports on consultations CLU (DLIR), DCD, ILO,  Consultations repatriation/reintegration agencies  Development of IPEC-TACKLE, NGOs,  Technical support mechanisms for children  Provision of support with formal and repatriation and faith-based and funding withdrawn from child community-based transit centres reintegration organisations,  Meetings labour/WFCL mechanisms community and  Number of children advisory groups and withdrawn from child services, other key labour/WFCL due to social partners reintegration efforts Provide psycho-social, health  Consultation between key agencies  Reports on consultations 2014- DCD, DoH, ILO, IPEC-  Consultations and (complementary)  Provision of special support to withdrawn  Development of special 2015 TACKLE, community  Technical support education support services to children who may have HIV/AIDS and/or are support around and advisory groups and funding children formerly engaged in from HIV/AIDS-affected households HIV/AIDS and and services, other  Meetings (withdrawn) CL/WFCL key social partners Page | 83 child labour/WFCL and their  Mobilisation of communities to identify and  Usage level of special families design support structures for affected children support and families  Targeted training  Provision of education and training to conducted and coverage communities and families on HIV/AIDS in relation to child labour/WFCL Control trafficking of children  Strengthening of network of agencies dealing  Number of children Police Department,  Networking for labour and CSEC with trafficking and migration reported to be involved DLIR, other key activity  Allocation of Government funding to in child trafficking and partners  Victim assistance international organisations/NGOs to assist CSEC trafficking victims Develop preventative  DLIR-led and consultations and development  Level of emerging WFCL DLIR, other key  Consultations measures to counter of strategy for education campaigns in various  Demand levels for WFCL partners  Demand reduction emerging WFCL (e.g. certain locales programmes sectors of street kids)  Development of greater Government cooperation with progress on demand reduction programmes Provide protection and  DCD-led consultations and development of  Level of victim Police Department,  Consultations welfare to victims of child strategy to provide assistance to child assistance community groups  Victim assistance labour/WFCL on discovery labour/WFCL victims on discovery/in transit and in transit to their homes Outcome 3.6: More effective enforcement, monitoring and evaluation systems Progress, standardize and  DLIR-led consultations, with particular regard  Number of referrals DLIR, Police  Consultations strengthen enforcement to enforcement measures and processes to  Number of trails Department, Justice  Referrals procedures to counter child counter child labour/WFCL  Size of labour Department, unions,  Trials labour/WFCL  Referrals inspectorate and communities, other  Inspection activity  DLIR-led consultations to consider number of inspections key partners  Monitoring activity strengthening labour inspectorate and  Regularity of NHTC national human trafficking committee’s meetings capacity to deal with child labour/WFCL  Number of prosecutions including: (employers, traffickers,  appropriate penalties to employers those engaging children who use child labour/WFCL in law in CSEC, other)  speedy trials of child labour/WFCL  Documentation of child cases labour/WFCL at  referral of child-related cases to community level juvenile/child-friendly courts  inspections in the informal sector  community monitoring and reporting of child labour/WFCL cases Progress development and  Development of a TOR and guidelines for the  TOR and guidelines 2014 Working committee,  Consultations implementation of a national M&E framework/plan  Draft copies of M&E key social partners,  Technical and monitoring and plan funding support Page | 84 evaluation system for child  Development of indicators via meetings of  Workshops undertaken ILO, EU, UNICEF, labour/WFCL working committee and social partners unions, NGOs  Completion of the 1st draft of M&E plan for child labour  Progression of workshops with stakeholders to finalise the CL M&E Plan Estimated total output cost/budget  Strategic objective 4: To build and strengthen the technical, institutional and human resource capacity of stakeholders dealing with child labour/WFCL elimination in PNG Outcome 4.1: Building capacity and develop coordination and knowledge management to identify and combat child labour/WFCL throughout PNG by 201X Develop an effective  Strengthen institutional and technical capacity  Committee meeting 2014 DLIR, DCD, DoE,  Technical and mechanism to maintain to implement law and regulation (cf. report(s) Justice Department, funding support working links between ratification)  TOR and work plan ILO (especially Tackle partners on child  DLIR-led development of a national  Expansion of Project Advisory labour/WFCL and Build more steering/coordinating committee representation on Committee, and with inter-agency collaboration  Development/extension of a national technical National Juvenile Justice CLU formation), committee (see Section 6) Committee unions, NRI, UNICEF,  DLIR-led consultations to establish a working  Evidence of other NGOs and other key committee develop a TOR, work plan and national-level social partners budget institutions’ CL/WFCL-  Development of a national coordination body related development (CLU within the DLIR) to foster inter-agency collaboration and coordination on CL/WFCL, with dedicated resources  Development of other national-level institutions (e.g. CL desks in other ministries) that are formalised and supported Sustain regular national  Annual/ regular social partner fora/workshops  Draft dialogue on-going DCD, DoE, DLIR,  Technical and consultative dialogue on on CL framework developed Justice, ILO, unions, funding support CL/WFCL framework with  Number of social UNICEF, NGOs, other key partners partner key social partners forums/workshops Develop policy that identifies  Formation and/or strengthening of national,  Level of multi-sector, - DLIR, others, local  Consultations relevant Government provincial, district and community structures stakeholder and – stakeholders  Victim assistance agencies and/or  Development of resource mobilisation ministerial collaboration departments to take primary mechanisms for district and community  Level of victim responsibility for structures assistance implementing the NAP  Promotion multi-sector, -stakeholder and – ministerial collaboration  Develop systems to intervene assist once children involved in WFCL identified (see Outcome 3.6) Page | 85  develop stronger partnership between Government and NGOs Assess plan for/progress of  Initial consultations and dialogue meetings  Records of meetings on-going DLIR, ILO, POM  Consultations DLIR to establish partnership  Ensure to advocate for OSH and standards to Chamber of  Advocacy activity with IPA, Chamber of be included in the business sectors Commerce, IPA, 20  Technical support Commerce and provincial provincial town town authorities for inclusion authorities in efforts to eliminate CL/WFCL Address inadequate technical  (for example) assess DCD’s engagement in  Records on meetings 2014 DCD, DLIR, other key  Evaluation activity capacity and coordination regional stakeholders’ consultations to  Evidence of engagement social partners  Technical support among enforcement establish the implementation and and progress on agencies that create coordination mechanisms at regional and implementation and additional obstacles to provincial centres coordination at sub- effective enforcement  Determine the roles of the new CLU (DLIR) in national levels coordinating, monitoring and evaluating the implementation of laws and policies relating to CL/WFCL, and in examining and seeking to strengthen regulatory mechanisms Develop organisational  Identify relevant officers from key local social  %/number of local key on-going DLIR, ILO, DoE, DCD,  Technical support capacity in training of local partners on CL/WFCL partner officers trained NRI, NGOs, CBOs, and funding key partners  Organise relevant training schemes for key unions, other key partners locally social partners  Organise for abroad training on CL/WFCL Develop local (community)  Community initiatives and mobilisation drives  Resources amassed community groups,  Community resources to counter for resources  Level of child children, other key initiatives and CL/WFCL  Child participation in design and participation in partners mobilisation drives implementation of community-level community-level programmes programmes Page | 86 References ADB (2001). 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