Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Samoa (Ratification: 2018)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee welcomes the Government’s first report on the application of the Convention. The Government indicates that tripartite consultations are held within the Samoa National Tripartite Forum (SNTF), whose composition and functions are regulated in Part 2 of the Labour and Employment Relations Act, 2013 (LERA 2013). The SNTF meets every two months, unless an urgent matter arises which at times requires the SNTF to meet on a monthly basis. According to section 7(1) of the LERA, the main responsibilities of the SNTF include: holding consultations on, inter alia, labour and employment policies, as well as on industrial, economic and social policies relating to or having an impact on employees’ employment security and working conditions; and ways to support the programs developed to increase tripartite cooperation. The Government adds that tripartite consultations were held in the SNTF in 2020 with regard to the submission of instruments to the competent authorities in accordance with article 19 of the ILO Constitution and the reports on ratified Conventions to be made to the Office under article 22 of the ILO Constitution. The following labour-related matters were also discussed within the SNTF during the reporting period, in accordance with Paragraph 5(c) of the Tripartite Consultation (International Labour Standards) Recommendation, 1976 (No. 152), including: the report on the review of the LERA; increases to the minimum wage set in January 2020; the impact assessment survey on the COVID-19 pandemic; the national OSH Framework, 2018; and the formulation of the SNTF Strategic Plan. The Committee observes that, in addition to the above information, the Government also needs to supply information with respect to other items listed by Article 5 such as: the questionnaires on Conference agenda items (Article 5(1)(a) of the Convention); the examination of unratified Conventions and Recommendations (Article 5(1)(c)); or proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee therefore requests the Government to continue to provide updated detailed information on the content, frequency and outcomes of the tripartite consultations held on each of the matters related to international labour standards covered by Article 5(1) of the Convention.

Article 4(2). Training. The Committee wishes to emphasize that, pursuant to this provision, the competent authority assumes responsibility for the administrative support of the procedures required by the Convention and needs to make appropriate arrangements with the representative organizations for the financing of any necessary training of participants in these procedures do that they can assume their functions effectively. The Committee therefore requests the Government to provide detailed updated information with respect to any arrangements made to ensure the financing of any necessary training of the members of the SNTF.

Article 6. Annual report. The Government does not provide information in relation to the application of this Article of the Convention which provides for an annual report on the working of the procedures provided for in this Convention to be issued when this is considered appropriate after consultation with the social partners. The Committee therefore requests the Government to provide detailed updated information on the manner in which effect is given to this Article of the Convention.