Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Other comments on C138

Observation

Direct Request

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Article 2(3) of the Convention. Age of completion of compulsory education. In its previous comments, the Committee noted that section 20 of the Education Act 2009 prohibits arranging for a compulsory school-aged child to engage in street trading or to carry out other work of any kind during school hours. However, the Committee noted that pursuant to section 2 of the Education Act 2009, a compulsory school-aged child is defined as a person between 5 years and 14 years of age, who has not completed the eighth year of school. The Committee noted the Government’s statement that the Ministry of Education, Sports and Culture had started consulting with the Office of the Attorney General on the drafting of the revised Education Amendment Bill 2016 in order to raise the age of completion of compulsory schooling to 15 years.

The Committee notes with satisfaction the adoption of the Education Amendment Act of 2019, which in its section 2, has raised the age of completion of compulsory schooling from 14 years to 16 years of age. The Committee further notes that the minimum age for admission to employment remains 15 years according to section 51(1) of the Labour and Employment Relations Act of 2013 (LER Act of 2013). In this regard, in its 2012 General Survey on fundamental conventions paragraph 370, the Committee indicates that “if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work.” The Committee therefore encourages the Government to take the necessary measures to raise to 16 the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention.

Article 3(2). Determination of types of hazardous work. With regard to the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. In its previous comments, the Committee noted that under section 51(1) of the LER Act of 2013, “a person must not employ a child under the age of 15 years in a place of employment except in safe and light work suited to his or her capacity and subject to such conditions as may be determined by the Chief Executive Officer of the Ministry of Labour”. The Committee observed, however, that there appeared to be no lower minimum age for engagement in such light work activities. It further noted the Government’s statement that a list of light work was being reviewed for children under the age of 15 in accordance with section 51 of the LER Act of 2013 and would be submitted to the Samoa National Tripartite Forum for endorsement.

The Committee notes the Government’s indication concerning the revision of the list of light work under the on-going review of the LER Act of 2013. The Committee, however, observes that section 22 of the Labour and Employment Relations Regulations of 2016 (LER Regulations of 2016) sets out limited working hours for children between 12 and 14 years of age. The Committee recalls that Article 7(1) of the Convention provides that national laws or regulations may permit children only from the age of 13 to engage in light work. The Committee therefore strongly urges the Government to take the necessary measures to bring section 22 of the Labour and Employment Relations Regulations of 2016 in line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years. The Committee once again expresses the firm hope that the Government will take the necessary measures to regulate light work activities in compliance with Article 7(3) of the Convention. It further requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.