Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee previously noted that section 155 of the Crimes Act 2013 prohibits trafficking in persons. The penalty for this offence upon conviction is a term of imprisonment not exceeding 14 years. The Committee noted the Government’s statement that, as trafficking is a newly introduced offence in the country, no cases of trafficking had yet been prosecuted as of September 2013.

The Committee notes the Government’s information in its report that to date there has been no record of internal or cross-border human trafficking in Samoa. The Committee, therefore, requests the Government to continue providing information in its future reports on the application, in practice, of section 155 of the Crimes Act 2013, including the number of investigations, prosecutions and the specific penalties applied.

Article 2(2)(c). Prison labour. The Committee previously noted the adoption of the Prisons and Corrections Act on 5 June 2013. Section 47(1) of the Act provides that a convicted prisoner may be required to undertake labour, within or outside a prison, and to perform any labour prescribed by regulations.

The Committee notes the Government’s information that the Prison and Correction Services administer rehabilitation and reintegration programmes, which allow prisoners to participate in activities such as engineering, carpentry, gardening, handcrafting and farming. The Committee reminds the Government that, by virtue of Article 2(2)(c) of the Convention, the compulsory labour of convicted persons is excluded from the scope of the Convention only if it is “carried out under the supervision and control of a public authority” and such persons are not “hired to or placed at the disposal of private individuals, companies or associations”. The Committee, therefore, once again requests the Government to indicate whether prisoners working outside of prisons may perform work for private enterprises, associations or individuals and if it is the case, under which conditions. Please also provide a copy of any regulations adopted pursuant to section 47 of the Prisons and Corrections Act.