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

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

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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. The penalty for this offence upon conviction is a term of imprisonment not exceeding 14 years. The Committee noted the Government’s statement that, as trafficking is a newly introduced offence in the country, no cases of trafficking had yet been prosecuted as of September 2013.

The Committee notes the Government’s information in its report that to date there has been no record of internal or cross-border human trafficking in Samoa. The Committee, therefore, requests the Government to continue providing information in its future reports 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 the adoption of the Prisons and Corrections Act on 5 June 2013. Section 47(1) of the Act 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 notes the Government’s information 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 reminds the Government that, by virtue of Article 2(2)(c) of the Convention, the compulsory labour of convicted persons is excluded from the scope of the Convention only if it is “carried out under the supervision and control of a public authority” and such persons are not “hired to or placed at the disposal of private individuals, companies or associations”. The Committee, therefore, once again requests 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. Please also provide a copy of any regulations adopted pursuant to section 47 of the Prisons and Corrections Act.

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

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. The penalty for this offence upon conviction is a term of imprisonment not exceeding 14 years. The Committee noted the Government’s statement that, as trafficking is a newly introduced offence in the country, no cases of trafficking had yet been prosecuted as of September 2013.

The Committee notes the Government’s information in its report that to date there has been no record of internal or cross-border human trafficking in Samoa. The Committee, therefore, requests the Government to continue providing information in its future reports 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 the adoption of the Prisons and Corrections Act on 5 June 2013. Section 47(1) of the Act 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 notes the Government’s information 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 reminds the Government that, by virtue of Article 2(2)(c) of the Convention, the compulsory labour of convicted persons is excluded from the scope of the Convention only if it is “carried out under the supervision and control of a public authority” and such persons are not “hired to or placed at the disposal of private individuals, companies or associations”. The Committee, therefore, once again requests 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. Please also provide a copy of any regulations adopted pursuant to section 47 of the Prisons and Corrections Act.

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

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

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee previously noted that the national legislation did not contain anti trafficking provisions, and requested the Government to take measures in this regard.

The Committee notes that section 155 of the Crimes Act, adopted in 2013, prohibits trafficking in persons. The penalty for this offence upon conviction is a term of imprisonment not exceeding 14 years. The Committee notes the Government’s statement that, as trafficking is a newly introduced offence in the country, no cases of trafficking had yet been prosecuted as of September 2013. 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. It also requests the Government to provide information on any measures taken with regard to the identification of victims of trafficking, as well as the provision of appropriate protection and assistance to any such victims identified.

Article 2(2)(b) and (e). Normal civic obligations and minor communal services. Following its previous comments, the Committee notes that the definition of forced labour in the Constitution of Samoa excludes any work or service which is required by Samoan custom or which forms part of normal civic obligations. In the newly adopted Labour and Employment Relations Act, 2013, the definition of forced labour excludes work or service which forms part of the normal service of a person towards his or her family, church or village. The Committee notes the Government’s statement that civic or cultural obligations which are excluded from the definition of forced labour could include services as an assessor (pursuant to section 92 of the Criminal Procedure Act), which is a position similar to that of a juror, or work required pursuant to rules regarding the maintenance of hygiene in the village, pursuant to section 5 of the Village Fono Act 1990. However, the Government also indicates that this could include labour to develop village land for the economic betterment of the village, and in this regard, the Committee refers to its comment made under the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 2(2)(c). Prison labour. The Committee notes that the Prisons and Corrections Act was adopted on 5 June 2013. Section 47(1) of the Act 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 requests the Government to indicate whether prisoners working outside of prisons may perform work for private enterprises, associations or individuals. It also requests the Government to provide a copy of any regulations adopted pursuant to section 47 of the Prisons and Corrections Act.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that the national legislation did not appear to impose penal sanctions for the exaction of forced or compulsory labour.

In this regard, the Committee notes that pursuant to section 78 of the Labour and Employment Relations Act, 2013, an employer who enters into a contract contrary to any of the provisions of the Act shall be liable for a fine not exceeding 50 penalty units. Pursuant to section 4 of the Fines (Review and Amendment) Act of 1998, one penalty unit is equal to 100 Samoan tala (WST) (approximately US$43). Concerning penalties, the Government also refers to Part II of the Constitution, article 8 of which states that no person shall be required to perform forced or compulsory labour. Article 4 of the Constitution states that any person may apply to the Supreme Court to enforce the rights contained in Part II and that the Supreme Court shall have the power to make all such orders as may be necessary and appropriate to secure to the applicant the enjoyment of such rights. The Government states that it considers that the Constitution provides sufficient and adequate sanctions for the courts to consider when prosecuting persons who have imposed forced labour. However, the Committee observes that article 4 of the Constitution appears to only refer to remedies for a victim to secure freedom from forced labour, not to penalties that may be imposed on perpetrators, and that under the Labour and Employment Relations Act, the only penalty that may be imposed on such perpetrators is fines.

In this regard, the Committee once again recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence, and that a sanction consisting only of a fine cannot be considered sufficiently effective. The Committee therefore requests the Government to indicate the penalties which could be applied to persons who impose forced labour, specifying the penal provisions that could be used to this end.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee previously noted that the national legislation did not contain anti-trafficking provisions, and requested the Government to take measures in this regard.

The Committee notes with interest that section 155 of the Crimes Act, adopted in 2013, prohibits trafficking in persons. The penalty for this offence upon conviction is a term of imprisonment not exceeding 14 years. The Committee notes the Government’s statement that, as trafficking is a newly introduced offence in the country, no cases of trafficking had yet been prosecuted as of September 2013. 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. It also requests the Government to provide information on any measures taken with regard to the identification of victims of trafficking, as well as the provision of appropriate protection and assistance to any such victims identified.

Article 2(2)(b) and (e). Normal civic obligations and minor communal services. Following its previous comments, the Committee notes that the definition of forced labour in the Constitution of Samoa excludes any work or service which is required by Samoan custom or which forms part of normal civic obligations. In the newly adopted Labour and Employment Relations Act, 2013, the definition of forced labour excludes work or service which forms part of the normal service of a person towards his or her family, church or village. The Committee notes the Government’s statement that civic or cultural obligations which are excluded from the definition of forced labour could include services as an assessor (pursuant to section 92 of the Criminal Procedure Act), which is a position similar to that of a juror, or work required pursuant to rules regarding the maintenance of hygiene in the village, pursuant to section 5 of the Village Fono Act 1990. However, the Government also indicates that this could include labour to develop village land for the economic betterment of the village, and in this regard, the Committee refers to its comment made under the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 2(2)(c). Prison labour. The Committee notes that the Prisons and Corrections Act was adopted on 5 June 2013. Section 47(1) of the Act 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 requests the Government to indicate whether prisoners working outside of prisons may perform work for private enterprises, associations or individuals. It also requests the Government to provide a copy of any regulations adopted pursuant to section 47 of the Prisons and Corrections Act.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that the national legislation did not appear to impose penal sanctions for the exaction of forced or compulsory labour.

In this regard, the Committee notes that pursuant to section 78 of the Labour and Employment Relations Act, 2013, an employer who enters into a contract contrary to any of the provisions of the Act shall be liable for a fine not exceeding 50 penalty units. Pursuant to section 4 of the Fines (Review and Amendment) Act of 1998, one penalty unit is equal to 100 Samoan tala (WST) (approximately US$43). Concerning penalties, the Government also refers to Part II of the Constitution, article 8 of which states that no person shall be required to perform forced or compulsory labour. Article 4 of the Constitution states that any person may apply to the Supreme Court to enforce the rights contained in Part II and that the Supreme Court shall have the power to make all such orders as may be necessary and appropriate to secure to the applicant the enjoyment of such rights. The Government states that it considers that the Constitution provides sufficient and adequate sanctions for the courts to consider when prosecuting persons who have imposed forced labour. However, the Committee observes that article 4 of the Constitution appears to only refer to remedies for a victim to secure freedom from forced labour, not to penalties that may be imposed on perpetrators, and that under the Labour and Employment Relations Act, the only penalty that may be imposed on such perpetrators is fines.

In this regard, the Committee once again recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence, and that a sanction consisting only of a fine cannot be considered sufficiently effective. The Committee therefore requests the Government to indicate the penalties which could be applied to persons who impose forced labour, specifying the penal provisions that could be used to this end.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the information provided by the Government in its first report.

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee notes that the Crimes Ordinance, 1961 does not appear to contain any anti-trafficking provisions. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit trafficking in persons for both labour and sexual exploitation. The Committee also requests the Government to provide, in its next report, information on the extent of the phenomenon of trafficking in persons in Samoa, as well as measures taken to prevent and combat this phenomenon. Please also provide information on any legal proceedings which have been instituted, indicating the penalties imposed on perpetrators.

Article 2(2)(b). Civic obligations. The Committee notes that section 2 of the Labour and Employment Bill, 2010, excludes from the definition of forced labour any work or service which forms part of the national civic or cultural obligations of a person. However, the Committee notes the absence of information regarding the services which might be exacted as normal civic or cultural legal obligations of citizens which are not considered to be forced or compulsory labour. The Committee therefore requests the Government to indicate the nature of the civic obligations, providing copies of the relevant legislative texts.

Article 2(2)(c). Prison labour. The Committee notes that under section 21 of the Prisons Act, 1967 prisoners may be employed at labour beyond the precincts of the prison in which they are lodged. As section 21 of the Prisons Act allows prisoners to be employed outside penitentiary establishments, the Committee requests the Government to specify whether prisoners are hired to or placed at the disposal of private individuals, companies or associations and if so, under which conditions.

Article 2(2)(d) and (e). State of emergency and minor communal services. The Committee observes that the Labour and Employment Act, 1972 does not contain any provision on state of emergency or minor communal services. However, the Committee notes that section 2 of the Labour and Employment Relations Bill excludes from forced labour any work or service exacted in cases of emergency, as well as any minor communal services of a kind which are performed by the members of the community in the direct interest of the community. The Committee requests the Government to take the necessary measures to ensure the adoption of the Labour and Employment Relations Bill in the near future, so as to bring its legislation into conformity with the Convention.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee notes that the national legislation under review contains no provisions imposing penal sanctions for the illegal exaction of forced or compulsory labour and that pursuant to section 51 of the Labour and Employment Relations Bill, an employer who enters into a contract contrary to any of the provisions of the Act, shall be liable for a fine not exceeding 50 penalty units. The Committee notes that one penalty unit is equal to 100 Samoan tala (WST) (approximately US$43), pursuant to section 4 of the Fines (Review and Amendment) Act of 1998.

The Committee recalls that Article 25 of the Convention provides that the illegal exaction of forced labour shall be punishable as a penal offence and it shall be an obligation of the State to ensure that the penalties imposed are really adequate and are strictly enforced. In this regard, the Committee draws the Government’s attention to the fact that section 51 of the Labour and Employment Relations Bill, provides only for fines. The Committee points out that sanction consisting of a fine, does not constitute an effective sanction for the imposition of forced labour, in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive.

The Committee therefore requests the Government to indicate any penal provisions which could be used to prosecute and sanction persons who have imposed forced labour. It also requests the Government to indicate the progress made in the adoption of the Labour and Employment Relations Bill, and ensure in this framework that sanctions imposed in case of forced labour are really adequate.