Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - Samoa (Ratificación : 2008)

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.