Papua New Guinea

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Papua New Guinea’s overall score is 39.5 out of 100. The overall score for Papua New Guinea is lower than the regional average observed across Oceania (67). Within the Oceanian region, the highest score is observed for Australia (65).

Papua New Guinea ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 2000 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1976.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§47, Constitution1975; §9 of the Industrial Organizations Act, 1962

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§255, Constitution 1975; §4, Industrial Relations Act, 1962; USDOS CRHRP 2023 (Papua New Guinea)

Does the law provide for the right to strike?

Yes

1

§61 & Schedule I (10) of the Industrial Organizations Act, 1962

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

USDOS CRHRP 2023 (Papua New Guinea)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §47, Constitution1975; §9 of the Industrial Organizations Act, 1962

A : National Law

National Labour Legislation

"Article 9 : APPLICATION FOR REGISTRATION. An application for the registration of an industrial organization shall– (a) be in the prescribed form; and (b) be accompanied by the prescribed particulars; and (c) subject to Section 68, be signed by– (i) in the case of an organization of employers–at least four members or officers of the organization; or (ii) in the case of an organization of employees–at least 20 members or officers of the organization."

Information

Source: §255, Constitution 1975; §4, Industrial Relations Act, 1962; USDOS CRHRP 2023 (Papua New Guinea)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law provided for workers to form and join independent unions, bargain collectively, and conduct legal strikes. "

Information

Source: §61 & Schedule I (10) of the Industrial Organizations Act, 1962

A : National Law

National Labour Legislation

"Article 61: SECRET BALLOTS. Where, in accordance with this Act, a matter is required to be decided by secret ballot, the ballot shall be conducted– (a) by the Electoral Commissioner and in such manner as he directs; and (b) under the supervision of the Registrar, and shall, subject to the rules of the industrial organization concerned, be decided by a majority of votes. Schedule I: 10. The taking of decisions by secret ballot in respect of– ......... (c) strikes or lock-outs;"

Information

Source: USDOS CRHRP 2023 (Papua New Guinea)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law did not provide for reinstatement of workers dismissed for union activity. In cases of retaliation or unlawful dismissal for union activity, the court could fine an employer and could order the reinstatement of the employee and reimbursement of any lost wages. The Labor Department did not always act to prevent retaliation against strikers or protect workers from antiunion discrimination, which remained widespread in the logging sector and in state-owned enterprises."