Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Samoa (Ratificación : 2008)

Article 2 of the Convention. Right of workers to establish and join organizations without distinction whatsoever. In its previous comments, the Committee had requested the Government to provide information on the manner in which it was ensured that the following categories of workers enjoyed the right, in law and in practice, to establish and join organizations for furthering and defending their interests:

• workers without contracts (explicitly excluded from the scope of the Labour and Employment Relations Act 2013 (LERA) pursuant to its section 2);
• workers performing services rendered to a matai (traditional authority) under the aiga system or subsistence agricultural activities (section 3 of the LERA); and
• workers in the informal economy.

The Committee notes the adoption and the entry into force of the Labour and Employment Relations Amendment Act 2023 (LERAA), which requires all employers and workers to have written employment agreements for any contract of service of more than two months (section 34 of the LERA as amended) and thereby places workers under a contract of service of more than two months within the scope of the LERA, except those rendering the services listed in section 3 of the LERA. The Committee takes note of the Government’s acknowledgement of challenges in formally organizing the sectors that involve workers excluded from LERA. The Committee further notes that the Government indicates that it included informal economy outreach and awareness as a key priority in its tripartite consultations and policy development, notably by supporting awareness-raising on the right to freedom of association, regardless of employment status, and exploring policy options to extend legal protections more clearly to workers in non-standard forms of employment. In this regard, the Committee notes the Government’s interest in receiving further ILO technical support. While noting the Government’s indication that workers excluded from the LERA are not restricted from forming or joining organizations for furthering and defending their interests, the Committee regrets that workers rendering services to a matai or chief under the aiga system or subsistence agricultural activities, informal economy workers as well as workers employed for a period of time of less than two months remain excluded from the scope of the LERA. The Committee therefore reiterates its previous request and expects that the Government will take necessary measures to further amend the legislation in consultation with the social partners and technical assistance of the Office so as to bring the LERA into full conformity with the Convention. The Committee requests the Government to provide information on all developments in this respect.

The Committee notes the Government’s indication that some workers excluded from the LERA are protected under the Village Fono Act 1990 (VFA). The Committee requests the Government to provide detailed information on the manner in which VFA ensures the exercise by workers of the right to establish and join organizations for furthering and defending their interests in law and in practice.

The Committee had also previously requested the Government to indicate which services, if any, have been excluded by the order of the Minister from the application of the LERA pursuant to its section 3. The Committee notes the Government’s indication that, to date, the Minister has not issued any such exemptions and, accordingly, no services have been excluded from the scope of the LERA under that provision. The Committee requests the Government to inform it of any change in this regard.

In its previous comment, the Committee requested the Government to take the necessary measures to ensure that public servants enjoyed the right to join and establish organizations of their own choosing not only in practice but also in law. The Committee takes note of the Government’s indication that public servants in Samoa are covered by the Public Service Act 2004 (PSA), which does not restrict their right to form or join organizations of their own choosing, and that public servants are members of the Public Service Association and actively participate in its activities, including industrial relations discussions. The Committee further notes the Government’s assertion that public servants enjoy the right both to join existing organizations and to establish their own, should they so wish, and that this is upheld in both law and practice. The Committee observes, however, that the PSA does not contain specific provisions ensuring the exercise by public servants of the right to establish and join organizations for furthering and defending their interests. The Committee therefore once again requests the Government to take necessary measures to ensure that public servants, like other workers, enjoy the right to join and establish organizations of their own choosing, not only in practice but also in law, and to provide information on the steps taken or envisaged in this regard.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee recalls that it had previously requested the Government to amend section 48A(1)(b) of the PSA, which stipulates that public service employees “who absent themselves from duty for the purpose of becoming engaged or involved, whether directly or indirectly, in an industrial action, including a strike, shall be deemed to have been dismissed from their employment” so as to ensure that public servants had the right to participate in strike actions. The Committee takes note of the Government’s indication that the amendment of the PSA, is planned for tabling in the next Parliament session. The Committee expects that the PSA will be amended without further delay and requests the Government to provide a copy of the PSA, once amended.

Article 4. Dissolution and suspension. The Committee had previously requested the Government to review the legislative provisions of the Incorporated Societies’ Ordinance 1952 in as far as it governed dissolution and suspension of workers’ and employers’ organizations, notably sections 23, 24 and 27, so as to ensure that such organizations could only be dissolved and suspended through judicial channels. The Committee notes the Government’s explanation that the current requirements for dissolution and suspension of a non-profit organization are narrow and strict, and that a judicial recourse is available to organizations concerned in such cases. The Committee notes the Government’s intention to finalize the review of the relevant legislative provisions in the next three years. The Committee expects that the legislative review will take place in the near future and will result in ensuring that workers’ and employers’ organizations can only be dissolved and suspended through judicial channels. It requests the Government to provide information on developments in this regard.