Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Samoa (Ratification: 2008)

Other comments on C182

Observation

Direct Request

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The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practice similar to slavery. 1. Sale and trafficking of children. The Committee observes that the national legislation does not appear to contain any provisions specifically addressing the sale and trafficking of children. The Committee notes that while the Crimes Ordinance 1961 (pursuant to section 83) prohibits the abduction or detention of a woman or girl for sexual purposes, this prohibition does not appear to cover the sale of children, the trafficking of children for labour exploitation or the trafficking of boys under 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 for the purposes of both labour and sexual exploitation. It requests the Government to provide information on measures taken in this regard in its next report.

2. Forced or compulsory labour. The Committee notes that article 8 of the Constitution of Samoa specifies that no person shall be required to perform forced or compulsory labour.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s statement in its initial report submitted to the Committee on the Rights of the Child (CRC) on 15 February 2006 that Samoa maintains no standing armies or armed forces (CRC/C/WSM/1, paragraph 128).

Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that the Crimes Ordinance 1961 contains several provisions addressing acts relating to prostitution. Section 58L(a) prohibits living on the earnings of the prostitution of another person, and section 58L(b) prohibits soliciting for any prostitute. In addition, the Committee notes that section 58M of the Crimes Ordinance 1961 prohibits procuring or offering to procure any woman or girl to have sexual intercourse with any male who is not her husband. The Committee observes that section 58M applies only to females, and does not appear to offer boys under 18 protection from being procured or offered for the purpose of prostitution. Therefore, the Committee requests the Government to take the necessary measures to adopt a prohibition on the use, procuring and offering of boys under 18 years for the purpose of prostitution. It requests the Government to provide information on any measures taken in this regard.

2. Pornography or pornographic performances. The Committee notes that section 43 of the Crimes Ordinance 1961 prohibits selling, exposing for sale or distributing any indecent object or model, and prohibits exhibiting or presenting any indecent show or performance. The Committee also notes that section 3 of the Indecent Publications Ordinance 1960 prohibits selling, delivering, printing, sending, exhibiting or offering indecent documents. However, the Committee observes that neither the Crimes Ordinance 1961 nor the Indecent Publications Ordinance 1960 appear to specifically address the production of indecent materials, or the use, procuring or offering of children under the age of 18 for the production of such materials. In this regard, the Committee requests the Government to indicate if the prohibitions contained in the Indecent Publication Ordinance 1960 or in section 43 of the Crimes Ordinance 1961 encompass the use, procuring or offering of children under the age of 18 for the production of pornography or pornographic performances.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that while sections 17 and 18 of the Narcotics Act 1967 prohibit the import, export, selling or supplying of narcotics, there do not appear to be any prohibitions on the use, procuring or offering of a child for this offence. The Committee therefore requests the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee notes that while the Labour and Employment Act 1972 appears to only prohibit employment on dangerous machinery or in any injurious occupation in respect of children under the age of 15 years (pursuant to section 32(2)), the Government is in the process of developing a new Labour and Employment Relations Bill. In this regard, the Committee observes that section 50(2) of this Bill will prohibit children under 18 years from being employed on dangerous machinery or in any occupation or in any place under working conditions injurious or likely to be injurious to the physical or moral health of a child. The Committee, therefore, urges the Government to take the necessary measures to ensure the adoption of the Labour and Employment Relations Bill in the near future, to prohibit hazardous work for children under the age of 18 years, in conformity with Article 3(d) of the Convention.

Article 4(1). Determination of hazardous types of work. The Committee notes the Government’s statement that no consultations have been undertaken on a list of types of unhealthy dangerous or onerous work under section 32 of the Labour and Employment Act. However, the Government states that workers’ and employers’ organizations have been consulted on the new provisions on child labour in the Labour and Employment Relations Bill. In this regard, the Committee notes that section 55(2)(b) of the Labour and Employment Relations Bill provides that regulations may be made to prescribe what is unhealthy, dangerous, or onerous work. Recalling that pursuant to Article 4(1) of the Convention, the types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to take measures to adopt regulations (pursuant to section 55(2)(b) of the Labour and Employment Relations Bill, once adopted) determining the types of hazardous work which are prohibited for children under 18 years.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 14 February 2011 that primary education is not entirely free. The Government indicates in this report that it launched the School Fee Grant Scheme in early 2010, whereby compulsory school-aged children no longer pay school fees to allow them to complete the full cycle of primary education, but that parents and communities contribute to the maintenance of school buildings and facilities and pay for additional costs associated with schooling such as transport, uniforms and food (A/HRC/WG.6/11/WSM/1, paragraph 26). However, the Committee notes the statement in the National Policy for Children of Samoa (2010–15) that while 89 per cent children aged 5–12 are attending primary school, only 59 per cent of students aged 13–18 who should be in school are in fact attending. The National Policy also indicates that only 51 per cent of boys between the ages of 13–18 are attending school, and that attendance rates are lower in rural areas. It further indicates that children from poorer households are less likely to attend school. The National Policy states that despite the passing of the Education Act 2009 (whereby education is compulsory) and the commencement of the school fee relief scheme, children drop out of school to earn a living and to support their families. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts, through the School Fee Grant Scheme and other initiatives, to facilitate access to free basic education, particularly to boys and children from poor families and rural areas. It requests the Government to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.

Clause (d). Reaching out to children at special risk. Children working as street vendors. The Committee notes the Government’s statement that the Education Act 2009 enables the removal of children from street vending. In this regard, the Committee notes that section 20 of this Act specifically prohibits the engagement of compulsory school-aged children in street trading during school hours. The Education Act 2009 also provides for the appointment of school attendance officers, responsible for identifying children who are out of school during school hours and returning to them to the school. However, the Committee notes the statement in the National Policy for Children of Samoa (2010–15), that despite measures to increase school attendance, child vendors continue to be seen operating day and night around central Apia. This document states that the negative aspects of this work can have a lasting effect on children, and that there is inadequate enforcement by authorities of the relevant legislation. Moreover, the Committee notes the information from the United Nations Development Programme in a compilation of information from United Nations bodies prepared by the Office of the High Commissioner for Human Rights for the Human Rights Council’s Universal Periodic Review of 11 February 2011 that, due to recent economic difficulties, there has been an increase in the number of children selling various goods on the street (A/HRC/WG.6/11/WSM/2, paragraph 50). The Committee, therefore, requests the Government to take the necessary measures to identify and reach out to children engaged in street vending to ensure that these children are protected from the worst forms of child labour. It also requests the Government to provide information on the measures taken to enforce section 20 of the Education Act, including measures taken by labour inspectors and school attendance officers.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that at this stage, there is no data available on the implementation of the Convention. Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee encourages the Government to take the necessary measures to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Samoa, is made available in the near future, including information on the number of investigations, prosecutions, convictions and penalties applied for offences related to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by sex and age.