Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously observed that neither the Crimes Ordinance 1961 nor the Indecent Publications Ordinance 1960 appeared to specifically address the issue of production of indecent materials, or the use, procuring or offering of children under the age of 18 years for the production of such materials. The Committee noted that according to section 82 of the Crimes Act 2013, any person who sells, delivers, exhibits, prints, publishes, creates, produces or distributes any indecent material that depicts a child engaged in sexually explicit conduct shall be punished. The Committee noted, however, that for the purposes of this section a child is defined as a person under the age of 16 years. The Committee reminded the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of children under 18 years of age for pornography or pornographic performances shall be prohibited.

The Committee notes the Government’s information in its report that the Ministry of Police stated that national legislation should be reviewed so that the national definition of a child complies with the Convention. The Committee, therefore, once again urges the Government to take the necessary measures to ensure that the use, procuring or offering of children between the ages of 16 and 18 for the production of indecent materials is also effectively prohibited.

Article 4(1). Determination of hazardous types of work. With regard to the adoption of a list determining the types of hazardous work prohibited for persons under 18 years of age, the Committee refers the Government to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Children working as street vendors. The Committee noted that section 20 of the Education Act 2009 specifically prohibits the engagement of compulsory school-aged children in street trading during school hours, and that it provides for the appointment of school attendance officers, responsible for identifying children who are out of school during school hours, and returning them to school. However, the Committee noted the statement in the National Policy for Children, that despite measures to increase school attendance, child vendors continue to be seen operating day and night around central Apia. The Committee noted the Government’s information that children working as street vendors are those sent by their parents after school to sell goods for their own livelihoods. The Government further indicated that the school attendance officer identifies children of compulsory school age who are not in school during school hours, while the police is the authority in charge of identifying and removing child vendors from the street after school hours.

The Committee notes the Government’s information that the issue of children working as street vendors is dealt with in the Community Sector Plan 2016–21 (CSP). According to the Government, the CSP includes the promotion of a positive parenting programme as a “prevention approach”. In this regard, a Child Protection Officer was recruited within the Ministry of Women, Community and Social Development (MWCSD) to spearhead the implementation of the Convention on the Rights of the Child through effective planning, monitoring and evaluation. The Government also indicates that the MWCSD conducted a needs assessment with ten families with a child working as a street vendor. It reports that the CSP provides a platform for the development of an intervention plan which will respond to the needs of vulnerable children and their families. It is intended that this pilot group will be extended to the national level and become a component of the wider CSP. The Government further reports that the existing social protection programmes of the MWCSD can be expanded and tailored to children at risk, including child vendors, to offer basic survival skills and conduct awareness-raising programmes.

The Committee also notes from the Government’s report under Convention No. 138 that the majority of cases regarding child vendors in the streets are mainly dealt with by the Community Engagement Unit in collaboration with the Ministry of Education, Sports and Culture (MESC) and the MWCSD. The Government further indicates that the MESC conducts the process and then sends the approval to the police to go ahead with the investigation of the parents involved. Upon completion of the investigation, the parents may be charged. The Government also states that the police patrols the streets once a week to monitor the presence of children. The Committee notes that, according to the 2017 ILO “Report of the Rapid Assessment of Children working on the streets in Apia, Samoa: A pilot study”, the majority of the 106 children interviewed started working on the streets due to the fact that the family needed income (page 36). Children, as young as 7 years of age, sell food, homemade juice and razor blades. They are involved in hazardous work, working in dangerous environments, working long hours (over five to 12 hours a day), and under harsh weather conditions, to sell their products. The majority of the children work for their own family and are not aware of the social support services available to them. The Committee must express its concern that children continue to work as street vendors, often in hazardous conditions. Considering that children working on the streets are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take the necessary measures to identify and protect children engaged in street vending from the worst forms of child labour. It also requests the Government to provide information on the number of child street vendors who have been removed from the worst forms of child labour and provided with asssistance and socially integrated.

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