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Final <strong>Report</strong>
RoO Derogation under the PACP-IEPA
Table 4.7
Convention
Freedom of
Association and the
Right to Collective
Bargaining
Discrimination and
Equal Remuneration
Child Labour
Forced Labour
Issues with PNG implementation of ‘fundamental’ ILO conventions
Implementation Status
• Recognised by PNG law – right to form and join
unions, collectively bargain and strike; but
numerous legal provisions do not conform with ILO
Conventions.
• DLIR drafting new Industrial Relations Bill to
repeal/amend a number of provisions re: trade
unions, in response to CEACR recommendations.
• Law not effectively enforced re: discrimination
against workers who seek to join/join in activities of
unions.
• <strong>Report</strong>s that DLIR actively seeks to prevent strikes,
even if legal.
• <strong>Report</strong>s that law has not been enforced when
employers have taken retaliatory measures against
striking workers.
• PNG Government has discretionary power to cancel
arbitration awards and void wages agreements.
• Constitution prohibits discrimination on grounds of
race, origin, colour, gender, disability; no specific
employment law re: anti-discrimination.
• Limited law re: prohibition of sexual harassment in
the workplace.
• Homosexuality is deemed illegal.
• No law prohibiting discrimination against persons
with HIV/AIDs
• <strong>Report</strong>s of racial discrimination/violence against
Asian business owners and workers.
• Child labour is prohibited by law – minimum age of
employment is 16 years.
• New legal reforms to deal with issues re: child
sexual assault, child involvement in drug production
and trafficking.
• DLIR engaged in 4-year programme to strengthen
enforcement of child labour laws; also
implementation of NAP against Commercial Sexual
Exploitation of Children (2006-2011).
• Primary education not free, compulsory or universal
– new PNG Government (as at August 2011) is
pushing for free education.
• Constitution prohibits forced labour and slavery, but
not all forms of trafficking; no specific antitrafficking
law.
• Inadequate penalties for crimes relating to forced
labour and forced prostitution.
Tuna Processing Sector
Implementation Issues
• RDTC & SSTC have
independent workers
unions established.
Frabelle – no union as yet,
but the company states
that it is supportive of the
establishment of one.
• July 2010 – strike by RDTC
workers (deemed illegal);
489 workers suspended
due to strike; workers reinstated.
Company
ordered by GoPNG to
increase and back-pay
minimum wage effective
21 January 2010.
• No evidence of
discrimination against
female workers in
recruitment/salary.
• Anecdotal reports of
instances of sexual
harassment by male coworkers
of female staff;
zero tolerance with
offending staff terminated
instantly.
• Minimum age of
recruitment is 18 years.
• Anecdotal reports of
prostitution – largely
associated with tuna
fishing/carrier vessels
(refer Section 4.5.4).
DLIR = PNG Department of Labour and Industrial Relations; CEACR = ILO Committee of Experts on the Application of
Conventions and Recommendations.
Sources: ITUC 2010; multiple interviews – PNG in-country consultation, September 2011.
Linpico s.a.r.l. Page 56