CMNT_TITLE

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

Other comments on C105

Direct Request

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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.