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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Samoa (Ratification: 2008)

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Article 2. Right of workers to establish and join organizations without distinction whatsoever. In its previous comments, the Committee had observed that section 2 of the Labour and Employment Relations Act 2013 (LERA) explicitly excluded from its scope workers without contracts and section 3 further excluded services rendered to a matai (traditional authority) under the aiga system or subsistence agricultural activities, and any service which may be exempted by order of the Minister published in the Samoa Gazette and the Savali. The Committee had requested the Government to provide information on the manner in which it is ensured that those categories of workers explicitly excluded from the scope of the LERA, as well as workers in the informal economy, enjoy the right, in law and in practice, to establish and join organizations for furthering and defending their interests. The Committee had also requested the Government to indicate which services, if any, have been excluded from the application of the LERA by the order of the Minister. While taking note of the Government’s indication that article 13 of the Constitution of Samoa provides all citizens with the right ‘to form associations or unions,’ the Committee regrets that no other information has been provided by the Government andreiterates its previous request.

Noting the Government’s indication that in practice, public servants were allowed to join any established organization, the Committee had requested the Government to indicate whether public servants also enjoyed the right to establish organizations of their own choosing and to take the necessary measures to ensure that public servants, like other workers, enjoy the right to join and establish organizations of their own choosing in law. The Committee regrets that the Government provides no new information in this respect and reiterates its request for specific information as to how various categories of workers, explicitly or implicitly excluded from LERA, enjoy the right, in law and in practice, to establish and join organizations for furthering and defending their interests.

The Committee understands that an updated LERA Bill 2022 is currently before Parliament and expects that any legislative development takes into account its comments above. The Committee requests the Government to transmit a copy of the new legislation once adopted.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee had previously requested the Government to take all necessary measures to amend the Public Service Act 2004 so as to ensure that public servants had the right to participate in strike actions and noted in this respect the Government’s indication that the forthcoming Public Service Amendment Bill provided for a repeal of section 48(1)(b) of the Public Service Act. The Committee notes the Government’s indication that plans for the Public Service Act amendment have been delayed by the transition in the Government’s administration. It further notes the commitment of the Government to involve all relevant agencies in consultation regarding any legislative development. The Committee expects that the Public Service Act will be amended without further delay in consultation with the social partners concerned and requests the Government to provide information on developments in this regard, including a copy of the law as amended.

Article 4. Dissolution and suspension. The Committee had previously requested the Government to amend the Incorporated Societies’ Ordinance 1952 so as to ensure that workers’ and employers’ organizations could only be dissolved and suspended through judicial channels. The Committee takes notes of the explanation provided by the Government on the rationale of the process set out in the Ordinance. The Committee notes, in particular, the Government’s indication that a specific legislation which would apply to workers’ and employers’ organization is being considered. The Committee expects that the legislative review will take place in the near future and will result in ensuring that workers’ and employers’ organizations can only be dissolved and suspended through judicial channels. It requests the Government to provide information on developments in this regard.