Demande directe (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Samoa

Convention (n° 100) sur l'égalité de rémunération, 1951 (Ratification: 2008)
Convention (n° 111) concernant la discrimination (emploi et profession), 1958 (Ratification: 2008)

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.