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

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

Other comments on C105

Direct Request

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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.