Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Minimum Age Convention, 1973 (No. 138) - Samoa (Ratification: 2008)

Other comments on C138

Observation

Direct Request

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Article 1 and Part V of the Convention. National policy designed to ensure the effective abolition of child labour and practical application of the Convention. The Committee had previously noted the Government’s information that a National Policy for Children of Samoa (2010–15) which aims to alleviate poverty and provide protection to children through programmes and services to address the needs of children in difficult circumstances has been adopted. It had also noted the information, 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 the United Nations Development Programme indicated that due to recent job losses and 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). Moreover, the Committee had noted that the Committee on the Rights of the Child, in its most recent examination of Samoa, expressed that it shared the Government’s concern regarding the growing number of working children, including children involved in domestic work and child street vendors, and the need to undertake targeted activities to address this issue (16 October 2006, CRC/C/WSM/CO/1, paragraph 54).

The Committee notes the Government’s indication that the National Policy for Children deals with issues pertaining to street child vendors. It also notes from the Government’s report that the Ministry of Women Culture and Social Development who is the authority mandated to review the National Policy for Children has developed a draft Child Care and Protection Bill. The Government indicates that through this Bill, the Government’s commitment to childcare and protection initiatives can be enhanced. The Committee notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that as per section 55(1) of the Bill, no child under the age of 14 years shall be permitted to sell any goods on the streets or in any public places, while no child who is below the age requiring compulsory attendance at school is permitted to sell goods on the streets or in any public places after 7 p.m. on any day. The Committee expresses the firm hope that the Child Care and Protection Bill will be adopted in the near future. It requests the Government to provide information on the measures taken within the framework of the National Policy for Children of Samoa as well as other initiatives, to protect children working as street vendors. The Committee also requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Samoa is available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work.

Article 7(1). Minimum age for admission to light work. In its previous comments, the Committee had noted section 32(1) of the Labour and Employment Act 1972 permits children under the age of 15 to engage in safe and light work suited to his or her capacity. It had also noted that the Education Act 2009 appears to allow children of compulsory school age to be engaged in some types of work which do not occur during school hours and which do not prevent or interfere with the child’s attendance at school, active participation in school activities or the child’s educational development. The Committee had observed, however, that there appeared to be no lower minimum age for engagement in such light work activities.

The Committee notes the Government’s indication that the Ministry of Labour will take the necessary measures to address this issue. The Committee expresses the firm hope that the Government will take the necessary measures to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years pursuant to Article 7(1) of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7(3). Determination of types of light work activities. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour will take the appropriate measures to determine the types of light work activities permitted to children between the ages of 13 and 15 years. Recalling once again that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken, the Committee hope that the Government will take the necessary measures to regulate light work activities as laid down in Article 7(3) of the Convention.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes that section 83(2)(a) of the Labour and Employment Relations Act of 2013 (LER Act of 2013) provides that regulations may be made requiring the keeping by employers of records concerning persons employed in their undertakings, and the form and contents of such records. Moreover, the Committee notes that section 16 of the LER Act of 2013 states that the Chief Executive Officer of the Ministry of Labour shall have the power to require an employer the production of books, registers or other documents relating to the employment of employees by him.

In this regard, the Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged pursuant to section 83(2)(a) of the LER Act of 2013, to adopt regulations requiring employers to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.