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

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that sections 17 and 18 of the Narcotics Act of 1967 prohibit the importing, exporting, selling or supplying of narcotics.

The Committee notes the Government’s statement that there appears to be no specific provision under the Crimes Act or other enactment to address the issues of procuring or offering of a child for illicit activities. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee urges 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. In its previous comments, the Committee noted that while the Labour and Employment Act 1972 appeared 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 was in the process of developing a new Labour and Employment Relations Bill.

In this regard, the Committee notes with interest that section 51(2) of the Labour and Employment Relations Act 2013, prohibits the employment of children under the age of 18 years 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 such child.

Article 4(1). Determination of hazardous types of work. Following its previous comments, the Committee notes that according to section 83(2)(b) of the Labour and Employment Relations Act 2013, regulations may be made to determine unhealthy, dangerous or onerous work as well as the minimum ages of entry into employment in such work. The Committee requests the Government to indicate the measures taken or envisaged to adopt regulations determining the types of hazardous work which are prohibited for children under the age of 18 years, pursuant to section 83(2)(b) of the Labour and Employment Relations Act, after consultation with the organizations of employers and workers concerned.

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 previously noted 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 also indicated in this report that it launched the School Fee Grant Scheme (SFGS) in early 2010, whereby compulsory school-aged children no longer had to 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). The Committee further noted from the National Policy for Children of Samoa (2010–15) that only 51 per cent of boys between the ages of 13 and 18 years were attending school and that attendance rates were lower in rural areas. Moreover, children in poor households were less likely to attend any school.

The Committee notes the Government’s information that following the implementation of the SFGS, the enrolment rates in the primary level increased from 39,114 in 2010, to 40,538 in 2013. The Government also indicates that the SFGS has also been extended to secondary schools for grades 9 to 11. The Committee further notes that according to the UNESCO Institute for Statistics, the net enrolment rates (NER) in primary education was 92 per cent (95 per cent girls and 90 per cent boys) while the NER at the secondary school was 76 per cent (82 per cent girls and 71 per cent boys). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts, through SFGS 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 continue providing information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment rates and reducing school dropout rates.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that measures will be taken to collect sufficient data to assess the practical application of the Convention. The Committee once again requests 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.