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

Forced Labour Convention, 1930 (No. 29) - Samoa (Ratification: 2008)

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 and sets out a sanction of imprisonment not exceeding 14 years. The Committee also noted the Government’s information that there had been no record of internal or cross-border trafficking in persons in Samoa.

The Committee notes the Government’s indication in its report that trafficking in persons is addressed in Samoa through the Pacific Transnational Crime Network. In addition, the Pacific Transnational Crime Coordination Centre based in Apia, Samoa, has a central coordination role in managing and disseminating law enforcement materials and produces annual reports on current trends in the Pacific region for the law enforcement community. The Government also indicates that there have been no recorded cases of trafficking in persons in Samoa. The Committee requests the Government to continue to provide information 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 that Section 47(1) of the Prisons and Corrections Act 2013 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 also noted 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 requested 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.

The Committee notes the Government’s indication that convicted persons do not perform any labour activities for private enterprises. The Government further indicates that convicted persons carry out labour only as part of their rehabilitation under the supervision of public officials of the Ministry of Police and the Ministry of Justice, Courts and Administration.