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

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that penalties of imprisonment, which may involve an obligation to work pursuant to section 47(1) of the Prisons and Corrections Act 2013, might be imposed under provisions of the Crimes Act 2013, in circumstances that could fall within Article 1(a) of the Convention. The provisions in question are as follows:

• section 41 regarding any person who uses or speaks words, or publishes anything, with the intention of, inter alia, undermining the authority of the Government of Samoa or changing any matter affecting the laws, Government, or Constitution or any religious observance of Samoa, in circumstances where there is a present risk of lawlessness and disorder;
• section 42 relating to unlawful assembly;
• section 43 on disorderly assembly;
• section 117A relating to defamation (i.e. the publication by any means of information about a person that is false with the intention to cause harm to that person’s reputation).

The Committee further notes that section 90 of the Electoral Act 2019 provides for sanctions of imprisonment for the publication of defamatory matters against a candidate during elections.

In its report, the Government indicates that one case was brought before the Court in 2022 under section 117A of the Crimes Act 2013, which resulted in the acquittal of the defendant. In this regard, the Committee notes that the judge adopted a restrictive approach when determining whether the offence of libel had been committed to invoke section 117A, referring to a number of factors that need to be identified: there must be a clear prima facie case; only the most serious, grave or gross attacks on reputation; eminent (public) position of the complainant; express malice. The Committee requests the Government continue to ensure that no punishment involving compulsory labour, including as part of a prison sentence, may be imposed on persons who express certain political opinions or who peacefully express views ideologically opposed to the established system, including in the context of elections and their right of assembly. It also requests the Government to continue to provide information on the application in practice of the aforementioned sections of the Crimes Act 2013, as well as that of the Electoral Act 2019, and to specify the number and nature of the penalties imposed, and the facts underlying the convictions.

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

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.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that the Crimes Act 2013 punishes the offence of unlawful assembly (section 42) and disorderly assembly (section 43) with penalties of imprisonment (involving compulsory labour, pursuant to section 47(1) of the Prisons Act 2013) of one year. Moreover, pursuant to section 41 of the Crimes Act 2013, a person who uses or speaks words, or publishes anything, with the intention of, inter alia, undermining the authority of the Government of Samoa or changing any matter affecting the laws, Government, or Constitution or any religious observance of Samoa, in circumstances where there is a present risk of lawlessness and disorder, may be subject to two years’ imprisonment. The Committee further noted the cases filed against young gangsters under sections 41–43 of the Crimes Act 2013 and requested the Government to indicate whether these young gangsters and other individuals had been involved in acts inciting to violence, civil strife or racial hatred.

The Committee notes from the Government’s indication in its report that the young gangsters and other individuals have not been prosecuted for acts inciting to violence, civil strife or racial hatred under the Crimes Act 2013. The Government also indicates that no cases have been filed in relation to unlawful assembly. The Committee further observes that the Crimes Amendment Act 2017 has introduced section 117A into the Crimes Act 2013, which establishes a penalty of a fine or imprisonment (involving compulsory labour) not exceeding three months for publishing by any means information about a person that is false with the intention to cause harm to that person’s reputation.

The Committee once again recalls that Article 1(a) of the Convention prohibits all recourse to compulsory labour, including compulsory prison labour, as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its 2012 General Survey on the fundamental Conventions, paragraph 302, the Committee indicates that the range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. The Committee therefore requests the Government to ensure that no penalties involving compulsory labour, including compulsory prison labour, are imposed for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system, for example by clearly restricting the scope of sections 41-43 and section 117A of the Crimes Act of 2013 to situations connected with the use of violence, or by repealing penalties involving compulsory labour. The Committee further requests the Government to continue to provide information on the application in practice of sections 41–43, and section 117A of the Crimes Act of 2013, supplying copies of the court decisions defining or illustrating their scope, as well as information on any arrests, prosecutions, convictions and penalties imposed.

Article 1(b). Mobilizing labour for purposes of economic development. The Committee previously noted that pursuant to section 5(2)(b) of the Village Fono Act 1990, every village fono (village council), shall have the power to make rules governing the development and use of village land for the economic betterment of the village, and pursuant to section 5(2)(c), shall have the power to direct any person or persons to do any work required in this regard. The Committee further noted that the Community Sector Plan (CSP) 2012–2021 had been adopted, of which one priority is the economic empowerment of vulnerable groups. The Government pointed out that the enactment of the Village Fono Act 1990 would benefit the vulnerable groups identified, such as through the provision of support to the establishment of small businesses.

The Committee observes from the Government’s indication that, in accordance with the Village Fono Amendment Act 2017, the village fono may adopt village regulations or by-laws (faiga fa’avae or i’ugafono) concerning its powers set out in section 5 of the Village Fono Act 1990. The Government further indicates that regulations or by-laws adopted by the village fono are registered within the Ministry of Women, Community and Social Development (MWCSD) and can be further amended, suspended, revoked and replaced. The Government also indicates that members of families are consulted before the performance of any economic empowerment activities undertaken in the village.

The Committee notes, however, that, pursuant to section 5(2)(b)(e) of the Village Fono Act 1990, the village fono still has the authority to order any person to undertake work to develop village land for the economic betterment of the village. The Committee further observes that as per sections 5(3) and 6 of the Village Fono Act 1990, in case of a failure to obey regulations or by-laws adopted by the village fono in this regard, a person may be punished with a fine, banishment or ostracism, or community work. The Committee once again recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. In its 2007 General Survey on the fundamental Conventions, paragraph 148, the Committee notes that “minor communal services” can constitute an exception to this provision, as long as they are minor services and performed in the direct interest of the community and the members of the community, or their direct representatives must have the right to be consulted in regard to the need for such services (Article 2(2)(e) of the Forced Labour Convention, 1930 (No. 29)). The Committee therefore once again requests the Government to take the necessary measures to ensure that section 5(2)(b) and (e) of the Village Fono Act 1990 is amended by limiting its scope to the definition of minor communal services as provided for by Article 2(2)(e) of Convention No. 29. The Committee also requests the Government to indicate whether a person who has been consulted on any economic empowerment activities, pursuant to section 5(2)(b) and (e) of the Village Fono Act 1990, and who has refused to perform such activities, can be punished according to sections 5(3) and 6 of the Act.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously noted that, pursuant to sections 127(e) and 128 of the Shipping Act 1998, 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 fine or a term of imprisonment (involving compulsory labour) not exceeding two years, or both. The Committee further noted that consideration was being given to reviewing sections 127(e) and 128 of the Shipping Act 1998 and that there were no records of practical application of these sections.

The Committee notes the Government’s information that the Shipping Act 1998 is currently under revision with a view to bringing it into compliance with the Convention. In particular, the recommendations on the amendment of sections 127(e) and 128 of the Act concern the replacement of sanctions on imprisonment with revocation of a seafarer’s licence. The Government further indicates that the Samoa Shipping Corporation (SSC) is involved in the consultations with the Ministry of Works, Transport and Infrastructure regarding the revision of the Shipping Act 1998. The Committee firmly hopes that the Government will take the necessary measures to ensure the amendment of sections 127(e) and 128 of the Shipping Act 1998, so that any form of forced or compulsory labour is not used as a means of labour discipline. It requests the Government to provide information on any progress made in this regard.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that the Crimes Act of 2013 punishes the offence of unlawful assembly (section 42) and disorderly assembly (section 43) with penalties of imprisonment (involving compulsory labour, pursuant to section 47(1) of the Prisons Act of 2013) of one year. Moreover, pursuant to section 41 of the Crimes Act of 2013, a person who uses or speaks words, or publishes anything, with the intention of, inter alia, undermining the authority of the Government of Samoa to change any matter affecting the laws, Government, or Constitution or any religious observance of Samoa, in circumstances where there is a present risk of lawlessness and disorder, may be subject to two years’ imprisonment.

The Committee notes the Government’s information in its report that cases have been recently filed against young gangsters under sections 41–43 of the Crimes Act 2013. Two youth Christian groups, Original Blood Outlaws (OBI) and Hospital B Keepers (HBK), were found holding meetings during odd hours at night and trying to bring fears to the members of communities. The cases have been brought to the court in 2016. The Government also indicates that the involvement of students in gangs is an emerging phenomenon since early 2016. However, there were no other cases filed in relation to unlawful assembly, while some individuals involved were charged with other offences. In this regard, the Committee once again recalls that Article 1(a) of the Convention prohibits all recourse to compulsory labour, including compulsory prison labour, as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. However, referring to its General Survey on the fundamental Conventions, 2012, the Committee observes that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence (paragraph 303). The Committee therefore requests the Government to indicate whether the abovementioned two youth Christian groups and other individuals charged under the Crime Act 2013 were involved in acts inciting to violence, civil strife or racial hatred. It also requests the Government to continue providing information on the application in practice of sections 41–43 of the Crimes Act, 2013, including information on any arrests, prosecutions, convictions and penalties imposed.

Article 1(b). Mobilizing labour for purposes of economic development. The Committee previously noted that pursuant to section 5(2)(b) of the Village Fono Act 1990, every village fono (village council), shall have the power to make rules governing the development and use of village land for the betterment of the village, and pursuant to section 5(2)(c), shall have the power to direct any person or persons to do any work required to be done in this regard.

The Committee notes the Government’s information that the Community Sector Plan (CSP) 2012–21 has been adopted, of which one priority is the economic empowerment of vulnerable groups. The Government states that the enactment of the Village Fono Act 1990 will benefit the vulnerable groups identified, such as through the provision of support to the establishment of small businesses. While taking due note of the measures taken for economic empowerment of vulnerable groups, the Committee observes that, under the Village Fono Act 1990, the village fono has the authority to order any person to undertake work to develop village land for the economic betterment of the village. The Committee therefore once again recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. Referring to its General Survey on the eradication of forced labour, 2007, paragraph 148, the Committee observes that communal services do not constitute cases of “mobilizing and using labour for purposes of economic development” only if they remain within the limits laid down in Article 2(2)(e) of the Forced Labour Convention, 1930 (No. 29), concerning “minor communal services”, according to which such services must be minor and performed in the direct interest of the community and the members of the community, or their direct representatives must have the right to be consulted in regard to the need for such services. The Committee therefore requests the Government to take the necessary measures to revise section 5(2)(b) and (c) of the Village Fono Act 1990 by limiting its scope to the definition of minor communal services as provided by Article 2(2)(e) of the Forced Labour Convention, 1930 (No. 29). It also requests the Government to indicate whether the persons concerned participate in economic empowerment activities on a voluntary basis.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously noted that, pursuant to section 127(e) and section 128 of the Shipping Act, 1998, 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 fine or a term of imprisonment (involving compulsory labour) not exceeding two years, or both. The Committee therefore requested the Government to provide information on the application of these sections in practice.

The Committee notes the Government’s information that there are no records of practical application of the abovementioned sections under the Shipping Act since 1998 and that where necessary, recourse has been made to section 131 which provides for the suspension of a seafarer as a disciplinary measure. The Committee also notes that consideration is being given to reviewing sections 127(e) and 128 of the Act, aiming at establishing a more lenient disciplinary measure and ultimately bringing the Act into conformity with the Convention. The Committee therefore requests the Government to provide information on any progress made in this regard.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that the Crimes Act of 2013 punishes the offence of unlawful assembly (section 42) and disorderly assembly (section 43) with penalties of imprisonment (involving compulsory labour, pursuant to section 47(1) of the Prisons Act of 2013) of one year. Moreover, pursuant to section 41 of the Crimes Act of 2013, a person who uses or speaks words, or publishes anything, with the intention of, inter alia, undermining the authority of the Government of Samoa to change any matter affecting the laws, Government, or Constitution or any religious observance of Samoa, in circumstances where there is a present risk of lawlessness and disorder, may be subject to two years’ imprisonment.

The Committee notes the Government’s information in its report that cases have been recently filed against young gangsters under sections 41–43 of the Crimes Act 2013. Two youth Christian groups, Original Blood Outlaws (OBI) and Hospital B Keepers (HBK), were found holding meetings during odd hours at night and trying to bring fears to the members of communities. The cases have been brought to the court in 2016. The Government also indicates that the involvement of students in gangs is an emerging phenomenon since early 2016. However, there were no other cases filed in relation to unlawful assembly, while some individuals involved were charged with other offences. In this regard, the Committee once again recalls that Article 1(a) of the Convention prohibits all recourse to compulsory labour, including compulsory prison labour, as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. However, referring to its General Survey on the fundamental Conventions, 2012, the Committee observes that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence (paragraph 303). The Committee therefore requests the Government to indicate whether the abovementioned two youth Christian groups and other individuals charged under the Crime Act 2013 were involved in acts inciting to violence, civil strife or racial hatred. It also requests the Government to continue providing information on the application in practice of sections 41–43 of the Crimes Act, 2013, including information on any arrests, prosecutions, convictions and penalties imposed.

Article 1(b). Mobilizing labour for purposes of economic development. The Committee previously noted that pursuant to section 5(2)(b) of the Village Fono Act 1990, every village fono (village council), shall have the power to make rules governing the development and use of village land for the betterment of the village, and pursuant to section 5(2)(c), shall have the power to direct any person or persons to do any work required to be done in this regard.

The Committee notes the Government’s information that the Community Sector Plan (CSP) 2012–21 has been adopted, of which one priority is the economic empowerment of vulnerable groups. The Government states that the enactment of the Village Fono Act 1990 will benefit the vulnerable groups identified, such as through the provision of support to the establishment of small businesses. While taking due note of the measures taken for economic empowerment of vulnerable groups, the Committee observes that, under the Village Fono Act 1990, the village fono has the authority to order any person to undertake work to develop village land for the economic betterment of the village. The Committee therefore once again recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. Referring to its General Survey on the eradication of forced labour, 2007, paragraph 148, the Committee observes that communal services do not constitute cases of “mobilizing and using labour for purposes of economic development” only if they remain within the limits laid down in Article 2(2)(e) of the Forced Labour Convention, 1930 (No. 29), concerning “minor communal services”, according to which such services must be minor and performed in the direct interest of the community and the members of the community, or their direct representatives must have the right to be consulted in regard to the need for such services. The Committee therefore requests the Government to take the necessary measures to revise section 5(2)(b) and (c) of the Village Fono Act 1990 by limiting its scope to the definition of minor communal services as provided by Article 2(2)(e) of the Forced Labour Convention, 1930 (No. 29). It also requests the Government to indicate whether the persons concerned participate in economic empowerment activities on a voluntary basis.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously noted that, pursuant to section 127(e) and section 128 of the Shipping Act, 1998, 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 fine or a term of imprisonment (involving compulsory labour) not exceeding two years, or both. The Committee therefore requested the Government to provide information on the application of these sections in practice.

The Committee notes the Government’s information that there are no records of practical application of the abovementioned sections under the Shipping Act since 1998 and that where necessary, recourse has been made to section 131 which provides for the suspension of a seafarer as a disciplinary measure. The Committee also notes that consideration is being given to reviewing sections 127(e) and 128 of the Act, aiming at establishing a more lenient disciplinary measure and ultimately bringing the Act into conformity with the Convention. The Committee therefore requests the Government to provide information on any progress made in this regard.

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously requested information on the application of several provisions of the Crimes Ordinance 1961, containing penalties of imprisonment (involving compulsory labour) for activities that could be covered by Article 1(a) of the Convention.

The Committee notes that section 224 of the Crimes Act, 2013, repealed the Crimes Ordinance 1961, and that several of the offences previously identified by the Committee, namely the prohibition of seditious statements and publications and blasphemous libel, have not been retained in the new legislation. However, the Committee notes that the Crimes Act, 2013, punishes the offence of unlawful assembly (section 42) and disorderly assembly (section 43) with penalties of imprisonment (involving compulsory labour, pursuant to section 47(1) of the Prisons Act, 2013) of one year. Moreover, pursuant to section 41 of the Crimes Act, 2013, a person who uses or speaks words, or publishes anything, with the intention of, inter alia, undermining the authority of the Government of Samoa to change any matter affecting the laws, government, or Constitution or any religious observance of Samoa, in circumstances where there is a present risk of lawlessness and disorder, may be subject to two years imprisonment.

In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also points out that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends. Moreover, with reference to paragraph 302 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that under Article 1(a) of the Convention, the range of activities that must be protected from punishment involving forced or compulsory labour comprises the freedom to express political or ideological views as well as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views. The Committee requests the Government to provide information on the application in practice of sections 41–43 of the Crimes Act, 2013, including information on any arrests, prosecutions, convictions and penalties imposed, as well as copies of court decisions illustrating the scope of their application, in order to enable the Committee to assess the conformity of these provisions with the Convention.

Article 1(b). Mobilizing of labour for purposes of economic development. The Committee notes that pursuant to section 5(2)(b) of the Village Fono Act 1990, every village fono (village council), shall have the power to make rules governing the development and use of village land for the betterment of the village, and pursuant to 5(2)(c), shall have the power to direct any person or persons to do any work required to be done in this regard. The Committee recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee requests the Government to indicate if section 5(2)(b) and (2)(c) of the Village Fono Act continues to be applied in practice, and, if so, to provide information on any work performed in this regard, including the duration of the work carried out and the number of persons concerned.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee notes that pursuant to section 127(e) and section 128 of the Shipping Act of 1998, 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 fine or a term of imprisonment (involving compulsory labour) not exceeding two years, or both. Referring to paragraph 312 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship, or the life or health of persons (such as provided for in section 127(a) of the Shipping Act) are excluded from the Convention. The Committee therefore requests the Government to provide information on the application in practice of sections 127(e) and 128 of the Shipping Act, indicating whether, in practice, persons convicted pursuant to these provisions are subject to penalties of imprisonment (involving compulsory labour).

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee previously requested information on the application of several provisions of the Crimes Ordinance 1961, containing penalties of imprisonment (involving compulsory labour) for activities that could be covered by Article 1(a) of the Convention.

The Committee notes that section 224 of the Crimes Act, 2013, repealed the Crimes Ordinance 1961, and that several of the offences previously identified by the Committee, namely the prohibition of seditious statements and publications and blasphemous libel, have not been retained in the new legislation. However, the Committee notes that the Crimes Act, 2013, punishes the offence of unlawful assembly (section 42) and disorderly assembly (section 43) with penalties of imprisonment (involving compulsory labour, pursuant to section 47(1) of the Prisons Act, 2013) of one year. Moreover, pursuant to section 41 of the Crimes Act, 2013, a person who uses or speaks words, or publishes anything, with the intention of, inter alia, undermining the authority of the Government of Samoa to change any matter affecting the laws, government, or Constitution or any religious observance of Samoa, in circumstances where there is a present risk of lawlessness and disorder, may be subject to two years imprisonment.

In this regard, the Committee recalls that Article 1(a) of the Convention prohibits all recourse to forced or compulsory labour, including compulsory prison labour, as a means of political coercion or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It also points out that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to or call for violent means to these ends. Moreover, with reference to paragraph 302 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that under Article 1(a) of the Convention, the range of activities that must be protected from punishment involving forced or compulsory labour comprises the freedom to express political or ideological views as well as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views. The Committee requests the Government to provide information on the application in practice of sections 41–43 of the Crimes Act, 2013, including information on any arrests, prosecutions, convictions and penalties imposed, as well as copies of court decisions illustrating the scope of their application, in order to enable the Committee to assess the conformity of these provisions with the Convention.

Article 1(b). Mobilizing of labour for purposes of economic development. The Committee notes that pursuant to section 5(2)(b) of the Village Fono Act 1990, every village fono (village council), shall have the power to make rules governing the development and use of village land for the betterment of the village, and pursuant to 5(2)(c), shall have the power to direct any person or persons to do any work required to be done in this regard. The Committee recalls that Article 1(b) of the Convention prohibits the use of forced or compulsory labour as a method of mobilising and using labour for purposes of economic development. The Committee requests the Government to indicate if section 5(2)(b) and (2)(c) of the Village Fono Act continues to be applied in practice, and, if so, to provide information on any work performed in this regard, including the duration of the work carried out and the number of persons concerned.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee notes that pursuant to section 127(e) and section 128 of the Shipping Act of 1998, 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 fine or a term of imprisonment (involving compulsory labour) not exceeding two years, or both. Referring to paragraph 312 of its General Survey of 2012 on the fundamental Conventions concerning rights at work, the Committee recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Only sanctions relating to acts that are likely to endanger the safety of the ship, or the life or health of persons (such as provided for in section 127(a) of the Shipping Act) are excluded from the Convention. The Committee therefore requests the Government to provide information on the application in practice of sections 127(e) and 128 of the Shipping Act, indicating whether, in practice, persons convicted pursuant to these provisions are subject to penalties of imprisonment (involving compulsory labour).

Communication of texts. The Committee requests the Government to provide a copy of the Newspapers and Printers Act 1992–93, with its next report.

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

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

Article 1(a) of the Convention. Imposition of prison sentences involving the obligation to work as a punishment for expressing certain political views or views ideologically opposed to the established political, social or economic system. The Committee notes that sentences of imprisonment (involving the obligation to work under section 21 of the Prisons Act (1967)) may be imposed under various provisions of the Crimes Ordinance, 1961, in circumstances covered by Article 1(a) of the Convention, namely:

• -section 29: prohibition of seditious statements and publications;
• -sections 30 and 31: assembly and riot; and
• -section 42: blasphemous libel.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In this regard, it refers to paragraph 154 of its General Survey of 2007 on the eradication of forced labour, in which it emphasizes that the Convention does not prohibit punishment by penalties involving the compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. However, sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

In order to ascertain that no sentences involving the obligation to work are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, the Committee requests the Government to provide information on the application of the abovementioned provisions in practice, supplying copies of the court decisions defining or illustrating their scope. The Committee also requests the Government to supply, with its next report, copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations and laws governing assemblies, meetings and demonstrations.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee observes an absence of information in the Government’s report on legislation prohibiting the imposition of forced labour as a means of labour discipline regarding merchant seafarers and fishers. It therefore requests the Government to provide copies of the laws governing the conditions of employment of seafarers, and particularly the disciplinary sanctions that may be applied to them.

Article 1(d). Penal sanctions involving compulsory labour for having participated in strikes. The Committee observes an absence of information in the Government’s report on legislation prohibiting the imposition of forced labour as a punishment for having participated in strikes. It therefore requests the Government to supply copies of the law regulating trade unions activities and the exercise of the right to strike.