Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Samoa (Ratification: 2008)

Article 1(b) of the Convention. Mobilizing labour for purposes of economic development. The Committee previously noted that under sections 5(2)(b) and 5(2)(e) of the Village Fono Act 1990, as amended in 2017, every village fono (village council) has the power to direct any person or persons to do any work required to develop village land for the economic betterment of the village. The village fono may adopt village regulations or by-laws (faiga fa’avae or i’ugafono) in this regard, and the failure to obey these regulations or by-laws may be punishable with a fine, banishment or ostracism, or community work (sections 5(3) and 6 of the Village Fono Act 1990).

The Government indicates in its report that the introduction of village by-laws is intended to ensure that villagers are aware of the rules that regulate the way of life in the villages, for the benefit of the villages themselves. It emphasizes that the village fono is made up of a head of family (Matai) from each family in the village. It further states that limiting the scope to the definition of minor communal services as provided for in the Forced Labour Convention, 1919 (No. 29), is not necessary in the context of the small island nation of Samoa. The village setting requires all villagers to abide by village rules and by-laws to ensure control, peace and harmony. Major village projects, such as building churches, maintaining village cleanliness and building schools involve the participation of all villagers, thus promoting unity, identity and a sense of belonging to the village. The usual practice is for villagers who take part in major projects to receive money or compensation in kind for the work performed, with the exception of minor communal services in the form of cleaning areas around individual houses. The Government also indicates that section 11 of the Village Fono Act 1990 provides for a right of appeal, including against decisions of the village fono regarding punishment.

The Committee notes that the Government refers also to the “improvement of living standards”, under section 5(2)(d) of the Village Fono Act 1990, under which every village fono may make rules regarding the improvement of living standards. The Committee points out in this regard that its comments do not relate to section 5(2)(d) of the Village Fono Act 1990, and that the Convention does not prevent decisions from being taken for the improvement of living standards, in so far as such decisions do not allow compulsory labour to be imposed for purposes of economic development. The Committee recalls that Article 1(b) of the Convention requires the abolition of any form of forced or compulsory labour as a means of mobilizing and using labour for purposes of economic development. The Committee therefore requests the Government to take the necessary measures to eliminate, both in law and in practice, the possibility of resorting to compulsory labour in the context of village fonos, particularly for the realization of major village projects which are not limited to minor communal works and can constitute a method of mobilizing labour for the purposes of economic development. The Committee also requests the Government to provide information on the application of sections 5(3) and 6 of the Village Fono Act 1990, indicating the number of persons who have been sanctioned and the penalties imposed for failure to obey regulations and by-laws.

Article 1(c). Disciplinary measures applicable to seafarers. Regarding the need to amend sections 127(e) and 128 of the Act, under which a seaman who wilfully and persistently neglects his duty, disobeys any lawful command, or combines with other seamen for these purposes, or to impede the navigation of the vessel, may be subject to a sentence of imprisonment (involving compulsory labour), the Committee noted the Government’s indication that the Shipping Act 1998 was under revision.

The Government indicates that it takes due note of the Committee’s comments, and that the revision of the Shipping Act 1998 will be conducted in phases, depending on the funding and support that the Ministry of Works, Transport and Infrastructure is able to secure from donors and technical partners. The Committee hopes that the Government will take the necessary measures to amend sections 127(e) and 128 of the Shipping Act 1998, in order to ensure that no compulsory labour may be imposed as a means of labour discipline on seamen for acts that do not endanger the safety of the ship, or the life or health of persons. In the meantime, the Committee requests the Government to provide information on any practical application of sections 127(e) and 128, as well as on the penalties that have been imposed in such cases.