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NORMLEX Home > Country profiles > > Comments > All Comments

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Samoa (Ratification: 2008)

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Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together. Articles 1, 2 and 3(b) of Convention No. 111. Article 1 of Convention No. 100. Anti-discrimination legislation. Scope. Further to its previous comments regarding the protection afforded to those excluded from the scope of the Labour Employment Relations Act 2013 (LERA), the Committee notes the Government’s indication in its report that: (i) public sector employment, including the police force, is governed by the Public Service Act 2004 (PSA), which provides for non-discrimination principles and is overseen by the Public Service Commission (PSC); (ii) subsistence agriculture is centred on family and community self-sufficiency; workers engaging in commercial agricultural activities would be covered by the LERA; and (iii) service rendered to a matai is a traditional service that does not constitute employment.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy for equality of opportunity and treatment. Equal employment opportunities in public service. Further to its previous comments on measures taken by the PSC to enforce section 18(2)(g) of the PSA regarding equal employment opportunities in the public service, the Committee notes that the Government indicates that: (i) the PSC utilizes social media and its official website to attract applicants from diverse backgrounds for government vacancies; and (ii) the PSC is developing a national workforce plan, in consultation with relevant stakeholders, to improve workforce equality and ensure that job opportunities are distributed fairly across all sectors of society. The Committee requests the Government to provide information on any progress made in the development of this plan and any impact from its implementation to foster equal employment opportunities in the public service.

Persons with disabilities. Further to its previous comments, the Committee notes that the Government refers to the new National Policy for Persons with Disabilities 2021–2031. It also indicates that: (i) this policy is monitored and implemented by the Disability Taskforce and the Focal Point Unit for Persons with Disabilities, established within the Ministry of Women, Community, and Social Development (MWCSD); (ii) national activities undertaken in this context include improving accessibility to vocational training programmes and ensuring that persons with disabilities have equitable opportunities in the workforce; (iii) the Ministry of Commerce, Industry, and Labour (MCIL) conducts regular inspections, investigations and thorough analysis of its data collected to identify gaps and ensure increased compliance of businesses and employers; to date, no complaints have been received regarding persons with disabilities and MCIL remains vigilant, ensuring that any such cases would be treated with utmost seriousness and addressed through mechanisms provided under the LERA and its Regulations 2016; and (iv) the PSC has developed a Gender Equality, Disability and Social Inclusion Policy (GEDSI) to integrate GEDSI in all Human Resources Management policies.

Gender equality. Further to its previous comments, the Committee notes that the Government refers to strategies to promote gender equality in employment and occupation introduced through the adoption of the Samoa National Employment Policy (2022–26) and the new National Policy for Gender Equality and the Rights of Women and Girls (2021–31). The latter is a full-fledged plan of action which covers, among others, the following priority areas: (i) increased economic empowerment of all women and girls, including through adequate vocational training programmes for women, targeting the light manufacturing and financial services sectors; (ii) enhanced access, opportunities for lifelong learning and educational outcomes for women and girls; (iii) improved gender balance in leadership, governance and public life, including through specific measures to increase the number of female village representatives and continued efforts to ensure equality in the representation of matai men and women as village representatives; and (iv) increased and improved safety and access to law and justice for women and girls, especially those facing multiple and intersecting barriers and forms of discrimination. Implementation of this new Policy and oversight for monitoring progress is vested in the Steering Committee for the Community Sector, with support and direction from the MWCSD. The Committee also notes the results of the Labour Force Survey 2022 showing an important gender gap remains in labour participation. The Committee requests the Government to provide information on concrete measures taken in pursuance of the new gender equality policy to achieve better equality for women in all aspects of employment, and on the impact of such measures.

Sexual harassment. Further to its previous comments, the Committee notes the information provided by the Government, including regarding the 2023 Amendments to the LERA which strengthened protections against harassment at the workplace, including sexual harassment. It also notes the adoption of the National Prevention Framework for Ending Gender-Based Violence in Samoa (2024). Noting the ratification of the Violence and Harassment Convention, 2019 (No. 190), by Samoa, in 2024, the Committee requests the Government to provide information on measures taken to protect workers from sexual harassment under the newly adopted framework and on any cases addressed by relevant authorities and the courts, when submitting its first report under Convention No. 190 (due in 2026).

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes the absence of information on the gender pay gap in the country. It also notes that the National Policy for Gender Equality and the Rights of Women and Girls (2021–31) foresees the need to develop an accessible system to track gender pay gaps in Samoa. The Committee requests the Government to provide information on progress made in this regard.

Articles 1 and 2. Principle of equal remuneration for men and women for work of equal value. Definition of remuneration. Further to its previous request, the Committee notes with satisfaction that the definition of remuneration in section 2 of the LERA was amended in 2023 to be fully in line with the definition under the Convention. The Committee also notes that a material error appears to have been made in the 2023 Amendment of section 20(4), which now reads as follows: An employer must pay male and female employees equal remuneration of equal value. The Committee understands that the words “for work” (which were present in the previous version of that provision) are now missing and invites the Government to take the necessary measures to rectify this material error when possible.

Public service. Further to its previous request regarding the absence of a legal affirmation of the principle of the Convention in the PSA, the Committee notes the Government’s indication that the PSA is under review. The Committee requests the Government to provide information on progress made in the review of the PSA and to consider inserting a clear recognition of the principle of the Convention in that Act.

Article 3. Objective job evaluation methods. Further to its previous request, the Committee notes that the Government confirms that the Remuneration Tribunal does not cover the private sector and that the Samoan Chamber of Commerce (SCC) can conduct job assessments for the private sector if complaints are raised. The Government also indicates that: (i) measures would be taken to ensure full respect for the principle of equal remuneration for men and women for work of equal value in the public service; and (ii) the PSC is reviewing job classification, evaluation, and functional analysis in the public service to ensure that the classification process is free from gender bias and that occupational wage schemes are equitable. The Committee requests the Government to provide information on the objective job evaluation methods used by the SCC and the PSC, and on any determinations made by these bodies further to having conducted job assessments.

Article 2. Wage-fixing mechanisms. Further to its previous request, the Committee notes the Government’s indication that section 21 of the LERA has been amended to introduce a requirement for collective agreements to be submitted to the Minister for a fairness review and that these agreements would be discussed at the Samoa National Tripartite Forum to ensure they meet the principle of equal remuneration. It requests the Government to provide information on any collective agreements that would implement the principle of the Convention, and the role of the Samoa National Tripartite Forum in this context.

Conventions No s 100 and 111 – Application in practice

Enforcement. Further to its previous request, the Committee notes that the Government indicates that: (i) no grievances have been lodged in relation to issues of discrimination in the workplace, whether in the private or public sector; (ii) this may be due to a lack of awareness about the grievance process among public servants; (iii) there are also cultural reasons that may be preventing workers from submitting grievances; and (iv) the PSC is making ongoing efforts to promote awareness of the grievance mechanism in the public sector. The Committee requests the Government to continue to provide information on any grievances that concern issues of discrimination in employment; and to indicate whether any such cases have been addressed by the courts.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Legislation. Scope of application. The Committee notes the information provided by the Government in its report in response to the questions raised previously. In particular, it notes the Government’s indication that the Labour and Employment Relations Act (LERA) of 2013 does not apply to “those in the service of Samoa”, as defined under article 83(a)–(k) of the Constitution, to services rendered to a Matai (traditional authority) under the Aiga (extended family) system, nor to subsistence agricultural workers, nor to those engaged in the public service. It also notes the Government’s indication that these workers are nevertheless protected under the Constitution, which prohibits discrimination based on race, sex, disability, language or social status, as well as the indication that no cases of discrimination have been reported to the courts. The Committee recalls that excluding certain categories of workers from the scope of general labour law may adversely affect workers of a particular sex or ethnic origin and that, when certain categories of workers are excluded from general labour or employment law, it needs to be determined whether special laws or regulations apply to such groups, and whether they provide the same level of rights and protection as the general provisions. The Committee also recalls that constitutional provisions providing for equality of opportunity and treatment, although important, have generally not proven to be sufficient to address specific cases of discrimination in employment and occupation and that, in the absence of a clear legislative framework supporting equality and non-discrimination for such groups of workers, it needs to be shown how such rights are ensured in practice. In addition, the Committee emphasizes that the Convention calls for equality legislation and policies to be applied to those employed under the direct control of the national authority, including the public sector, and that the absence of discrimination complaints often indicates a lack of an appropriate legal framework or awareness of rights (see General Survey on the fundamental Conventions, 2012, paragraphs 741, 742, 851 and 870). The Committee requests the Government to provide specific information on how it is ensured in legislation or policy, as well as in practice, that those workers excluded from the scope of the LERA 2013, including public service workers, such as the police, subsistence agricultural workers and Matais are protected against discrimination on the grounds set out in the Convention.

Article 2. National policy. Sex discrimination. The Committee notes the measures taken to implement the National Policy for Women of Samoa 2010–15, which includes awareness and advocacy workshops and capacity-building initiatives by the Ministry of Police on gender-based violence. It notes, however, that the Government’s report does not indicate the measures taken to implement policy outcomes 1 (Responsive institutional mechanisms for the advancement of women), 4 (Sustainable economic development for women) and 5 (Increased participation of women in public life and decision-making), as they pertain to sex discrimination in employment and occupation. The Committee recalls that, in implementing national policies, workers’ and employers’ organizations play an important role in developing and promoting the acceptance and observance of policies, as well as in evaluating their impact (see the 2012 General Survey, paragraph 858). The Committee requests the Government to provide further information on the measures taken to implement policy outcomes 1, 4 and 5 of the National Policy for Women of Samoa 2010–15 as they pertain to sex discrimination in employment and occupation. It also invites the Government to provide more information on the impact of such measures on employment and occupation, including statistical information disaggregated by sex for the public, private and informal sectors. The Committee further requests the Government to indicate any activities carried out in collaboration with workers’ and employers’ organizations in implementing the outcomes.

Article 3. Sexual harassment. The Committee notes the Government’s indication that relevant agencies function to ensure all persons are protected from sexual harassment in employment and occupation, including regular labour inspections conducted by the Ministry of Commerce, Industries and Labour (MCIL), as well as investigations by labour inspectors of cases reported by third parties. It also notes the Government’s indication that the Ombudsperson’s office has classified two categories of sexual harassment in the workplace that correspond to hostile environment and quid pro quo harassment, and that this classification has been considered by the courts and special tribunals. The Committee notes the Government’s indication that the Public Service Commission facilitates training to raise awareness of gender equality and sex-based discrimination in the world of work, that immediate action is taken by the Commission once sexual harassment issues are identified and that the Public Service Act of 2004 covers both quid pro quo and hostile environment sexual harassment. The Committee also notes the Anti-Harassment Policy published by the Ministry of Natural Resources and Environment in 2009, which includes sexual harassment as one of the prohibited forms of harassment in the Ministry and provides a complaints mechanism in which a Committee appointed by the CEO reviews allegations of harassment. Finally, the Committee notes that one court case has been filed for sexual harassment related to employment, with no such cases filed with the Office of the Ombudsperson. The Committee welcomes the measures taken by the Government as noted above, and invites the Government to provide more information and analysis on the impact of these measures in protecting all persons from sexual harassment in employment and occupation, including both quid pro quo and hostile working environment harassment. Such information may include statistical data disaggregated by sex on training and outreach, studies conducted to identify the forms of sexual harassment in the workplace, in the public and private sectors and, where possible, in the informal economy.

Persons with disabilities. The Committee notes the Government’s indication that the National Policy for Persons with Disabilities 2011–16 came into effect in 2011. It welcomes the measures taken by the Government to implement this policy, which is also highlighted in the mid-term review report of the policy, including: the signing of the United Nations Convention on the Rights of Persons with Disabilities in September 2014, the establishment of the Disability Taskforce and the formation of a Focal Point Unit for Persons with Disabilities in the Ministry of Women, Community and Social Development to coordinate all national activities and to implement national policies for persons with disabilities in collaboration with civil society actors, such as the Disabled Persons Organization (Nuanua O Le Alofa Inc. (NOLA)). It also notes the midterm review’s recommendation that analytical and statistical data must be systematically collected on the outcomes of the policy, including the accessibility of vocational training programmes. The Committee further notes the Government’s reference to a national inclusive education policy in the context of disability. Finally, the Committee notes that the Government does not provide information on how section 37 of the LERA of 2013 is enforced through the mechanisms set out within the Act itself. The Committee requests the Government to continue providing information on the further measures taken by relevant entities to implement the National Policy for Persons with Disabilities, including the Disability Taskforce and the Focal Point Unit for Persons with Disabilities. It also requests the Government to provide analytical and statistical data on the outcomes of Government measures under the national policy. The Committee further requests the Government to provide copies of the national inclusive education policy, and to provide more information on the measures taken under this scheme to implement the principles of the Convention. Finally, the Committee requests the Government to provide more information of how section 37 of the LERA is enforced in the case of claims of discrimination based on disability.

National equality policy regarding other grounds of discrimination under Article 2 of the Convention. The Committee once again invites the Government to indicate the measures taken to adopt and pursue a national equality policy addressing grounds other than sex and disability, in accordance with Article 2 of the Convention.

Gender equality. For many years, the Committee has requested the Government to provide information on the reasons for the low representation of women among the “Matai”, as well as in entrepreneurship and commerce in general, and the measures taken to improve their participation and economic empowerment. It notes the Government’s indication that the political system under which only a chief (Matai) can run for election is an obstacle to the political participation of women and that, until a constitutional amendment is made to change this structure, interim measures are being implemented. It also notes the Government’s indication that legislative measures are in place so that at least five women are elected to the 49-member Parliament, and that training and seminars on the economic empowerment of women have been held. It also notes the Government’s indication that studies show an approximately equal number of women as men occupying executive and middle management positions in the public sector, and that, excluding the manual labour sector, the proportion of women working in the formal sector is close to that of men. The Committee notes, however, that the Government has not replied to its request to provide information on the mechanisms established for the distribution of land and on the proportion of land that has been distributed to women to allow them to engage in their traditional occupations or subsistence activities. The Committee requests the Government to provide more information on the interim measures mentioned by the Government to increase the representation of women among the “Matai”. It also requests the Government to provide copies of the reports that indicate equal participation of women and men in the formal sector as well as in entrepreneurship and commerce in general, as well as other studies with relevant statistical information. Finally, the Committee once again requests the Government to provide information on the mechanisms established for the distribution of lands and on the proportion of lands that have been distributed to women.

Vocational training. The Committee welcomes the measures taken by the Government for the implementation of the Strategic Policies and Plan, July 2006–June 2015, of the Ministry of Education, Sports and Culture, including the establishment of the Australia–Pacific Technical College, which provides vocational training to youth, the inclusion of vocational training programmes into secondary school curricula, the increase in the number of scholarships given by the Scholarships Committee, the establishment of the Youth Enterprise Programme and the establishment of the Samoan National Action Plan on Youth Employment. The Committee notes the Government’s recognition of the need for a distance/open learning policy and intention to develop a working conditions and entitlements manual or policy that would give effort to section 20 of the LERA of 2013. The Committee requests the Government to provide more information on the impact on gender equality in employment and occupation of the measures taken to implement the Strategic Policies and Plan, July 2006–June 2015, including statistical data disaggregated by sex. The Committee also requests the Government to provide more information on the measures taken to adopt a distance/open learning policy, and to develop a working conditions and entitlements manual or policy.

Protection of persons undertaking studies or training under scholarships. The Committee notes the Government’s indication that the term “employment” under section 2 of the LERA of 2013 does not cover, among others, persons engaged in education and vocational training. The Committee recalls that under Article 1(3) of the Convention, the term “employment” includes access to vocational training. The Committee requests the Government to provide a copy of the standard criteria published by the Scholarships Committee, as well as copies of other criteria determining the beneficiaries of vocational training. It also requests more information on how it is ensured that the standard criteria used in the selection process for vocational training and scholarship opportunities are protected in practice from discrimination, especially indirect discrimination, on all the grounds enumerated in Article 1(1)(a) of the Convention.

Equal employment opportunities in public service. The Committee notes the information provided by the Government on the measures taken to implement section 18(2)(g) of the Public Service Act on equal employment opportunities. It also notes that there have been no claims to the courts or administrative authorities relating to discrimination in the implementation of the Public Service Act. The Committee recalls that other measures exist to promote the principle of equality of opportunity, such as targets, quotas, equal employment opportunity plans, adaptation of the relevant facilities and the improvement of the collection of statistical information (see the 2012 General Survey, paragraph 755). The Committee requests the Government to provide information on any further measures taken by the Public Service Commission to enforce section 18(2)(g) of the Public Service Act to give effect to the principle of the Convention.

Application of the Convention. Monitoring and enforcement. Labour inspection. The Committee notes the Government’s indication that sections 2 and 20(2) of the LERA of 2013, which define discrimination and its protected grounds, have been implemented through customary practice though which common grounds of understanding and maintenance of good working relationships are applied. It also notes the Government’s indication that no claims have been filed with the courts or administrative authorities concerning cases of discrimination. The Committee notes that section 17 of the LERA of 2013 provides labour inspectors with powers to ensure compliance with the Act. In this regard, the Committee recalls that monitoring and enforcement of non-discrimination laws are an important aspect of determining whether there is effective implementation of the Convention, and that the absence of complaints is not an indicator of the absence of discrimination in practice, but is likely to indicate the lack of an appropriate legal framework, the lack of awareness of rights and the lack of confidence in, or absence of, practical access to procedures (see the 2012 General Survey, paragraphs 850, 868 and 870). The Committee requests the Government to provide more information on the measures taken by the MCIL to apply in practice sections 2 and 20(2) of the LERA through the labour inspection mechanism outlined under section 17 so that the principles of the Convention are realized, including statistical data, such as the number of complaints filed and their outcome. The Committee also requests the Government to further explain the meaning of the term “customary practice where common grounds of understanding and maintaining good working relationships are applied”.

Enforcement of the Public Service Act. The Committee notes from the Public Service Commission’s reply to its previous comment that the Public Service Act of 2004 provides for a grievance mechanism under section 55 which allows public service employees to seek help if they are not fairly treated in terms of recruitment and selection, and that appeals are taken up by the Board of Appeals in the court system, should the mediation process fail. It also notes from the Government’s report that there have been no cases or claims filed before the courts or administrative authorities regarding discrimination in the public service. The Committee requests the Government to provide more information on the application in practice of section 55 of the Public Service Act, including efforts to promote awareness of the grievance mechanism among the social partners. It also requests the Government to continue providing information on any administrative or judicial complaints filed by public servants under this provision.

Ombudsperson. The Committee notes with interest that the Convention is used as the basis for interpreting “human rights” under section 2 and Schedule 1 of the Ombudsperson (Komesina o Sulufaiga) Act of 2013. It also notes that Parts 4 and 5 of the Act mandates the Ombudsperson to combat all forms of discrimination through promoting public awareness, to inquire into and report on alleged violations of human rights through a special investigation unit, to monitor and promote compliance with international human rights law and to consult and cooperate with business and labour organizations. The Committee further notes section 40, which mandates the Ombudsperson to publish an annual human rights report. The Committee recalls that, in addition to legislation, proactive measures are required to address the underlying causes of discrimination and de facto inequalities resulting from discrimination that is deeply entrenched in traditional and social values, and emphasizes that it is essential to monitor the implementation of plans and policies in terms of their results and effectiveness with the collaboration with social partners (see the 2010 General Survey, paragraphs 856 and 858). The Committee requests the Government to provide more information on the measures taken to implement the Ombudsman Act of 2013, including claims processed by the special investigation unit, as well as the activities carried out in collaboration with workers’ and employers’ organizations.

Statistical data. Informal economy. The Committee notes the statistical data provided by the Government, which indicates that the total employment to population ratio of Samoa is 29.4 per cent, with men at 36.8 per cent and women at 21.9 per cent. The Committee notes that these figures suggest the existence of a sizable informal economy in which more women than men participate. The Committee recalls that where there is a large informal economy, more specific information, including statistics disaggregated by sex, is required on the employment situation of informal economy workers or on the specific measures taken to promote their access to training and employment opportunities, including measures to enable women to move from the informal to the formal economy (see the 2012 General Survey, paragraph 740). The Committee requests the Government to provide, if available, statistical information disaggregated by sex regarding the employment situation of informal economy workers. It also requests information on the specific measures taken, if any, to promote access to training and employment opportunities for those engaged in the informal economy, including measures enabling women to move from the informal to the formal economy.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. Scope of application. The Committee notes the adoption on 5 April 2013 of the Labour and Employment Relations Act which repeals the Labour and Employment Act, 1972. The Committee notes that according to section 3, the Act does not apply to the service of Samoa, the police service, the service rendered to a matai (traditional authority) under the aiga (extended family) system or subsistence agricultural activities and any service or class of service which may be excepted by order of the Minister published in the Samoa Gazette and the Savali. With respect to the exclusion of those in the service of Samoa, the Committee notes that article 111 of the Constitution defines the term broadly as “service in any capacity of Samoa”. The Committee recalls that no provision in the Convention limits its scope of application as regards individuals or branches of activities. The Committee requests the Government to provide information on the following:

(i) the specific categories of workers covered by the provision “service of Samoa”;
(ii) how workers that are in the service of a “matai”, workers in the “service of Samoa”, workers in the police service and workers in subsistence agricultural activities are protected from discrimination in employment and occupation;
(iii) the number of “matai” existing in the country, the approximate number of persons in their service; the kind of services that a “matai” may request and the legal provisions that regulate this kind of work;
(iv) whether section 20 of the Labour and Employment Relations Act of 2013, which prohibits direct and indirect discrimination against any employee, or applicant for employment, in any employment policies, procedures or practices, also covers access to vocational training, conditions of work and termination of employment.

Article 1(1) of the Convention. The Committee notes with interest that section 2 of the Labour and Employment Relations Act of 2013, defines discrimination as a distinction, exclusion or preference based on one or more arbitrary grounds, including those listed in section 20(2), which have the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation. Section 20(2) of the Act prohibits direct and indirect discrimination in employment on one or more arbitrary grounds, including ethnicity, race, colour, sex, gender, religion, political opinion, national extraction, sexual orientation, social origin, marital status, pregnancy, family responsibilities, real or perceived HIV status, and disability. The Committee requests the Government to provide information on the application in practice of sections 2 and 20(2) and on the obstacles encountered in their implementation as well as any claims filed before the courts or the administrative authorities concerning cases of discrimination on the grounds provided in section 20(2).

The Committee further notes that article 15(4) of the Constitution provides that “Nothing in this Article shall affect the operation of any existing law or the maintenance by the State of any executive or administrative practice being observed on Independence Day. Provided that the State shall direct its policy towards the progressive removal of any disability or restriction which has been imposed on any of the grounds referred to in clause (2) and of any privilege or advantage which has been conferred on any of those grounds.” The Committee requests the Government to provide information on the implementation of article 15(4) of the Constitution, in particular the concrete cases in which there remains legal discrimination on the grounds provided for in article 15(2) (descent, sex, language, religion, political or other opinion, social origin, place of birth, family status or any of them) of the Constitution and the measures that are being taken to eliminate this discrimination.

Sexual harassment. The Committee notes that while section 19(c) of the Public Service Act, 2004, provides that every employee and chief executive officer has to treat everyone with respect and courtesy and without coercion or harassment, the Labour and Employment Relations Act of 2013, does not contain any provision concerning sexual or moral harassment. Given the gravity and serious repercussions of sexual harassment, the Committee recalls its general observation highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment; the Committee’s general observation of 2003 provides further guidance in this regard (see General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee requests the Government to provide specific information on how it is ensured in practice that all persons are protected from sexual harassment in employment and occupation including both quid pro quo and hostile environment sexual harassment. The Committee also requests the Government to provide information on the implementation of section 19(c) of the Public Service Act, 2004, and to indicate if it covers sexual harassment, both quid pro quo and hostile environment forms.

Persons with disabilities. The Committee notes that section 37 of the Labour and Employment Relations Act of 2013 states that “where an employer employs a person living with a disability, the employer must engage the services of the person in accordance with terms and conditions as may be prescribed by regulations”. The Committee requests the Government to provide information on the practical application of section 37, including the adoption of any regulations.

Article 1(3). Definition of employment and occupation. The Committee notes that section 2 of the Labour and Employment Relations Act of 2013, defines “employment” as “an activity undertaken for gain or reward” and does not include study or training under a scholarship or other award approved by the Government. The Committee recalls that under Article 1(3) of the Convention, employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment. The Committee requests the Government to provide information on how it promotes equality of opportunity in practice for those persons undertaking study or training under a scholarship or other award approved by the Government, and how they are protected in practice from discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention.

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows.

Public service. The Committee notes that section 18(g) of the Public Service Act provides that there must be equal employment opportunity in the public service. The Committee requests the Government to provide information on the implementation in practice of section 18(g) of the Public Service Act, particularly on how it is ensured that public servants are protected against discrimination based on at least all grounds provided for in the Convention. Please also provide information on any administrative or judicial complaint filed by public servants on the basis of this provision.

The Committee also notes that in its report concerning the application of the Equal Remuneration Convention, 1951 (No. 100), the Government indicates that the implementation of the Public Service Act, 2004, is overseen by the Public Service Commission which has regard to the principles of gender balance in the recruitment and selection criteria. The Committee requests the Government to indicate the concrete measures adopted by the Public Service Commission in order to ensure the implementation of gender balance in the recruitment and selection criteria in the public service.

Gender equality. The Committee requests the Government to provide information on the reasons for the low representation of women among the “matai”, as well as in entrepreneurship and commerce in general, and the measures adopted or foreseen to improve their participation and for their empowerment. Please also provide information on the mechanisms established for the distribution of lands and on the proportion of lands that have been distributed to women.

Article 2. National equality policy. The Committee notes that the Government refers in its report to the adoption of a National Policy for Women of Samoa 2010–15. The Committee notes that this Plan aims, among other objectives, to improve the institutional mechanisms for the advancement of women; integrate gender issues into sectoral and national planning frameworks; increasing the utilization of sex-disaggregated data and improving responsiveness to issues that affect women and girls. The Committee notes that this policy, which has been the object of wide consultations at the national level, provides for a monitoring and evaluation mechanism and is accompanied by an implementation plan. The Committee also notes the adoption of a National Policy for Persons with Disabilities. The Committee requests the Government to provide information on the implementation and the results of the National Policy for Women of Samoa 2010–15, as well as the National Policy for Persons with Disabilities 2009–12. Please provide a copy of the latter. The Committee also requests the Government to indicate measures taken to adopt and pursue a national equality policy addressing grounds other than sex and disability in accordance with Article 2 of the Convention.

Vocational training. The Committee notes the adoption of the Strategic Policies and Plan July 2006–June 2015 of the Ministry of Education, Sports and Culture. The Committee requests the Government to provide information on the implementation and results of the Strategic Policies and Plan, in particular with respect to the measures concerning the education of girls as well as to the access of young women and men to vocational training free from gender stereotypes. Please also provide information on any specific measures adopted in favour of vulnerable groups and on any measures taken to promote educational and awareness raising on equality of opportunity and treatment in employment and occupation.

Ombudsperson. The Committee requests the Government to provide information on the function and the tasks carried out by the Komesina Sulufaiga (Ombudsperson) and to submit a copy of the Act that regulates its activities.

Statistical data. The Committee requests the Government to provide, if available, statistical data, disaggregated by sex, concerning the rate of employment and occupation, as well as of unemployment, the rate of school participation of children and the rate of participation in vocational training.

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

The Committee notes the first report from the Government. The Committee notes in particular that the Government indicates that a new Labour and Employment Relations Bill (2011) is being developed in consultation with employers’ and workers’ representative organizations and with ILO assistance, to replace the current Labour and Employment Act, 1972. The Committee requests the Government to provide detailed information on any development concerning the adoption of the Labour and Employment Relations Bill (2011), especially with respect to the issues that are dealt with in the following paragraphs.

Legislation. Scope of application. The Committee notes that, according to section 2 of the Labour and Employment Act, 1972, managerial personnel are not considered as workers and thus are not covered by the provisions of the law. Moreover, section 3 provides that the law does not apply either to the service of Samoa; the service rendered to a matai (traditional authority); and any service or class of service which may be excepted by order of the minister published in the Samoa Gazette and the Savail. With respect to the exclusion of those in the service of Samoa, the Committee notes that article 111 of the Constitution defines it broadly as “service in any capacity of Samoa”. The Committee further notes that the Labour and Employment Relations Bill (2011) maintains the exclusions enumerated. Moreover, the Committee notes that the Bill also excludes agricultural undertakings (section 3(1)), although the same Bill provides, in section 3(4)(b), that businesses involving the agricultural sector are covered. The Committee recalls that no provision in the Convention limits its scope as regards individuals or branches of activities. The Committee requests the Government to provide information on the following:

(i) the specific categories of workers covered by the provision “service in any capacity of Samoa”;

(ii) how managerial personnel, workers that are at the service of a “matai”, workers in the service of the State and workers in agricultural undertakings are protected from discrimination in employment and occupation and whether consideration is being given to include them in the scope of the Labour and Employment Relations Bill (2011);

(iii) the number of “matai” existing in the country, the approximate number of persons at their service; the kind of services that a “matai” may request and the legal provisions that regulate this kind of work;

(iv) the apparent contradiction between section 3(1), that refers to the exclusion of agricultural undertakings from the scope of the Bill, and section 3(4)(a) and (b), that indicates that every government statutory body or agency and the agricultural sector are covered;

(v) any service or class of service that has been excluded from the scope of application of the Law by the minister, pursuant to section 3 of the Labour and Employment Act, 1972; and

(vi) whether section 20 of the Labour and Employment Relations Bill (2011), that prohibits discrimination against any employee, or applicant for employment, also covers access to vocational training, conditions of work and termination of employment.

Article 1(1) of the Convention. Definition of discrimination. The Committee notes that article 15(1) and (2) of the Constitution provide for a general prohibition of discrimination on the grounds of descent, sex, language, religion, political or other opinion, social origin, place of birth, family status, or any of them. The Committee notes that colour, race and national extraction are not included in this enumeration.

The Committee further notes that the Labour Employment Act, 1972, contains no definition of discrimination. The Committee notes, notwithstanding that section 20 of the Labour and Employment Relations Bill (2011) provides for a prohibition of direct and indirect discrimination in employment and occupation on the following grounds: ethnicity; race; colour; sex; gender; religion; political opinion; national extraction; sexual orientation; social origin; marital status; pregnancy; family responsibilities; real or perceived HIV status or disability. The Committee welcomes the inclusion in the Labour and Employment Relations Bill of all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, including race, colour and national extraction, as well as a number of additional grounds as foreseen in Article 1(1)(b) and hopes that they will be included in the new Labour and Employment Relations Act when it is adopted.

The Committee further notes that article 15(4) of the Constitution provides that “Nothing in this Article shall affect the operation of any existing law or the maintenance by the State of any executive or administrative practice being observed on Independence Day. Provided that the State shall direct its policy towards the progressive removal of any disability or restriction which has been imposed on any of the grounds referred to in clause (2) and of any privilege or advantage which has been conferred on any of those grounds.” The Committee requests the Government to provide information on the implementation of article 15(4) of the Constitution, in particular the concrete cases in which there subsists legal discrimination on the grounds provided for in article 15(2) of the Constitution and the measures that are being taken to eliminate this discrimination.

Discrimination on the basis of sex. The Committee notes that section 33 of the Labour and Employment Act, 1972 prohibits night work for women and provides that no woman shall be employed in manual work unsuited to her physical capacity. The Committee further notes that the Labour and Employment Relations Bill (2011) repeals this section. The Bill also contains some provisions concerning prohibition of dismissal of pregnant women and that, in case of a dismissal, the burden of proof will be on the employer. Recalling that women should have the right to pursue freely any job or profession without stereotyped assumptions regarding their aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time work, the Committee asks the Government to take the necessary step to ensure the adoption of the Labour and Employment Relations Bill as soon as possible with a view to effectively repealing section 33 of the Labour and Employment Act, 1972.

Sexual harassment. The Committee notes that while section 19(c) of the Public Service Act, 2004, provides that every employee and CEO has to treat everyone with respect and courtesy and without coercion or harassment, neither the Labour and Employment Act, 1972, nor the Labour and Employment Relations Bill (2011) contain any provision concerning sexual or moral harassment. With respect to sexual harassment, the Committee draws the attention of the Government to its general observation of 2002. The Committee asks the Government to include a provision in the Labour and Employment Relations Bill (2011) that prohibits sexual harassment in employment and occupation and to ensure that the definition of sexual harassment includes both quid pro quo and hostile environment sexual harassment. The Committee also asks the Government to consider including a provision prohibiting harassment on the other grounds set out in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on the implementation of section 19(c) of the Public Service Act, 2004, and to indicate if it covers sexual harassment, both quid pro quo and hostile environment sexual harassment.