Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Samoa (Ratification: 2008)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously requested information on the application of several provisions of the Crimes Ordinance 1961, containing penalties of imprisonment (involving compulsory labour) for activities that could be covered by Article 1(a) of the Convention.

The Committee notes that section 224 of the Crimes Act, 2013, repealed the Crimes Ordinance 1961, and that several of the offences previously identified by the Committee, namely the prohibition of seditious statements and publications and blasphemous libel, have not been retained in the new legislation. However, the Committee notes that the Crimes Act, 2013, punishes the offence of unlawful assembly (section 42) and disorderly assembly (section 43) with penalties of imprisonment (involving compulsory labour, pursuant to section 47(1) of the Prisons Act, 2013) of one year. Moreover, pursuant to section 41 of the Crimes Act, 2013, a person who uses or speaks words, or publishes anything, with the intention of, inter alia, undermining the authority of the Government of Samoa to change any matter affecting the laws, government, or Constitution or any religious observance of Samoa, in circumstances where there is a present risk of lawlessness and disorder, may be subject to two years imprisonment.

In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also points out that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends. Moreover, with reference to paragraph 302 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that under Article 1(a) of the Convention, the range of activities that must be protected from punishment involving forced or compulsory labour comprises the freedom to express political or ideological views as well as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views. The Committee requests the Government to provide information on the application in practice of sections 41–43 of the Crimes Act, 2013, including information on any arrests, prosecutions, convictions and penalties imposed, as well as copies of court decisions illustrating the scope of their application, in order to enable the Committee to assess the conformity of these provisions with the Convention.

Article 1(b). Mobilizing of labour for purposes of economic development. The Committee notes that pursuant to section 5(2)(b) of the Village Fono Act 1990, every village fono (village council), shall have the power to make rules governing the development and use of village land for the betterment of the village, and pursuant to 5(2)(c), shall have the power to direct any person or persons to do any work required to be done in this regard. The Committee recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee requests the Government to indicate if section 5(2)(b) and (2)(c) of the Village Fono Act continues to be applied in practice, and, if so, to provide information on any work performed in this regard, including the duration of the work carried out and the number of persons concerned.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee notes that pursuant to section 127(e) and section 128 of the Shipping Act of 1998, a seaman who wilfully and persistently neglects his duty, disobeys any lawful command, or combines with other seamen for these purposes, or to impede the navigation of the vessel, may be subject to a fine or a term of imprisonment (involving compulsory labour) not exceeding two years, or both. Referring to paragraph 312 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship, or the life or health of persons (such as provided for in section 127(a) of the Shipping Act) are excluded from the Convention. The Committee therefore requests the Government to provide information on the application in practice of sections 127(e) and 128 of the Shipping Act, indicating whether, in practice, persons convicted pursuant to these provisions are subject to penalties of imprisonment (involving compulsory labour).