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Individual Case (CAS) - Discussion: 2018, Publication: 107th ILC session (2018)

 2018-WSM-C182-En

The representative of the Secretary-General informed the Committee that the delegation of Samoa was not accredited to the Conference this year. The Government had sent a communication to the Committee of Experts relating to its compliance with Convention No. 182 in which it also explained that the absence of its delegation at the 107th Session of the International Labour Conference was due to financial difficulties. The Government also communicated its commitment to provide a full report to the Committee of Experts by the end of August 2018.

The Chairperson of the Committee announced that, as specified in Part VII of document D.1, on the last day of the discussion of individual cases, the Committee dealt with the cases in which governments had not responded to the invitation of being before the Committee. The refusal by a government to participate in the work of the Committee was a significant obstacle to the attainment of the core objectives of the International Labour Organization. In the case of governments that were not present at the Conference, the Committee would not discuss the substance of the case, but would draw attention in its report to the importance of the questions raised. In such a situation, a particular emphasis would be put on the measures to be taken to resume dialogue.

The Worker members expressed regret at the absence of the Government delegation at the current session of the Conference, which prevented the Committee’s examination of the case. Governments’ participation at the Conference was essential to the effective functioning of the ILO supervisory system. The Worker members highlighted the key aspects of the Committee of Experts’ comments that required follow-up action by the Government to redress the situation of child labour in the country. An ILO pilot study had revealed that around 38 per cent of child labour in Samoa was performed by under 15-year-olds, which compromised children’s development and called into question the Government’s capacity and commitment to address the worst forms of child labour. Child protection laws were inadequate and the absence of any protection for young persons between 16 and 18 years put them at particular risk of exploitation. Institutions for the protection of children did not function properly and legislative reforms had stalled. The legislative process had not advanced, for example, for bills drafted in accordance with the Optional Protocols to the United Nations Convention on the Rights of the Child, which the Government had ratified in 2016. More needed to be done to address the concerns regarding the worst forms of child labour. The Worker members urged the Government to provide a detailed report on the application of the Convention to the Committee of Experts at its next session. The Government should avail itself of ILO technical assistance to comply with its reporting obligations and tackle the worst forms of child labour.

The Employer members echoed the Worker members’ statement and expressed regret that the Government had not attended the Conference. Non-compliance with the Convention was a serious concern and the Committee of Experts had identified three main aspects in that regard: the disparity between the ratifications of the Optional Protocols to the United Nations Convention on the Rights of the Child and the real protection of children in the country; the absence of a list of hazardous work in which the employment of young persons is prohibited; and the prevalence of under 15-year-olds exploited as street vendors and subjected to other abusive practices. The Government’s failure to submit replies to those issues to the Committee, irrespective of its absence, was a matter of deep concern. The Employer members urged the Government to provide replies and commit to participating fully at the next session of the International Labour Conference.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the Government’s indication, in its report, that the Ministry of Police is reviewing the possibility of introducing a specific offence relating to the use, procuring or offering of a child for the production and trafficking of drugs. The Committee requests the Government to take the necessary measures to ensure that the Crimes Amendment Bill, 2020, also include provisions towards the prohibition of the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs, and to provide information on any progress made in this regard.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee takes note of the detailed list of measures undertaken by the Ministry of Education, Sports and Culture between 2019 and 2022 with the aim of facilitating the access of all children to free basic education, including various awareness raising programmes conducted by the Ministry. The Committee also duly notes the statistical data provided by the Government which highlight that, in 2022: (1) the net enrolment rate at the primary level was 105 per cent (103 per cent for boys and 108 per cent for girls); and (2) the net enrolment rate for the secondary level was 81 per cent (71 per cent for boys and 92 per cent for girls). The Government explains that the net enrolment rate at the primary level is above 100 per cent because children above 12 years of age are still attending primary level education. The Committee further notes with interest that the drop-out rates in the final year of primary school have decreased, going from 5.1 per cent in 2018 to 2.6 per cent in 2022. The Committee encourages the Government to pursue its efforts to ensure that all children have access to free basic education, at both the primary and lower secondary levels, and to continue providing information on the measures taken in this regard and the results achieved.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that the COVID-19 pandemic and the change of government administration led to a delay in the adoption of the Crimes Amendment Bill, 2020. The Committee recalls that the Bill proposes to amend the definition of a child for the purposes of section 82 of the Crimes Act, 2013, (on the prohibition to sell, deliver, exhibit, print, publish, create, produce or distribute any indecent material that depicts a child engaged in sexually explicit conduct) from a person under the age of 16 years to all persons aged under 18 years. The Committee requests the Government to take the necessary measures to ensure that the Crimes Amendment Bill, 2020, is adopted, without delay, so that the prohibition of section 82 of the Crimes Act, 2013, on the production and distribution of indecent materials depicting children will include children between 16 and 18 years of age. It once again requests the Government to provide information on any progress made in this regard.
Article 4(1). Determination of hazardous types of work. The Committee notes the Government’s indication that, following the adoption of the Labour and Employment Relations Amendment Act, 2023, a draft Labour and Employment Relations Regulation, 2023, has been prepared and is in the final stages before adoption. The Government adds that the draft Regulation contains a list of hazardous types of work prohibited to children under 18 years of age. The Committee requests the Government to take the necessary measures to ensure that the draft Labour and Employment Relations Regulation, 2023, containing a list of hazardous types of work prohibited to children under 18 will be enacted and enforced without delay. It requests the Government to provide information on any progress made in this regard.
Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Children working as street vendors. The Government indicates that, despite some delays due to the COVID-19 pandemic, substantial work was undertaken towards the adoption of the Child Care and Protection Bill. The Committee recalls in particular that, under section 55(1) of the Bill, no child under the age of 14 years shall be permitted to sell any goods on the streets or in any public places, while no child who is below the age requiring compulsory attendance at school is permitted to sell goods on the streets or in any public places after 7 p.m. on any day. The Government further indicates that the Samoa Inter-Agency Essential Services published and disseminated a “Guide for responding to gender-based violence and child protection”, which outlines the referral pathway for services in response to cases of violence against children, including cases of labour exploitation of children. The Committee also notes the 2022 Rapid Assessment Survey of Child Vendors in Samoa, undertaken with the collaboration of the ILO and UNICEF. The Survey identified and interviewed 135 child street vendors (51 girls and 84 boys) to understand the characteristics of child vendors, including their age, education status, level of education, social and economic background and reasons for engaging in street vending. The Government adds that the data collected will contribute to evidence-based policy development. The Committee encourages the Government to pursue its efforts to identify and protect children engaged in street trading from the worst forms of child labour. It requests the Government to continue to provide information on: (i) the measures and results achieved in this regard; (ii) the measures taken or envisaged following the publication of the 2022 Rapid Assessment Survey of Child Vendors in Samoa; (iii) how the Inter-Agency’s “Guide for responding to gender-based violence and child protection” has facilitated the provision of direct assistance for children engaged in street trading; and (iv) the number of child street vendors who have been removed from the worst forms of child labour and provided with assistance.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.  The Committee previously noted that the Narcotics Act of 1967 as well as the Crimes Act of 2013 do not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. It also noted the Government’s statement that the national legislation needed to be amended in order to include the prohibition of drug trafficking by children under the age of 18.
The Committee notes the Government’s indication in its report that the question on the amendment of the national legislation concerning this issue is currently under consideration by the relevant agencies, including the Ministry of Police and the Ministry of Health. The Committee expresses the firm hope that the Government will take the necessary measures to ensure the prohibition of the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs. It requests the Government to provide information on any progress made in this regard.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that, since 2017, the Ministry of Education, Sports and Culture (MESC), along with school attendance officers (school principals, inspectors and committees), had been focusing on monitoring the compliance of the compulsory education indicator within the revised School Minimum Service Standards of 2016. The Government indicated that these concerted efforts had been very successful and that 106 of the 167 community/village schools had established by-laws on compulsory education for children from the age of 5 to 14 years. In this regard, the Committee noted that according to the UNESCO estimates, in 2016, the net enrolment rate (NER) in primary education was 94.86 per cent (96.11 female and 93.7 male) and the NER in secondary education was 77.27 per cent. There was a total of 1,275 children and adolescents who were out of school in 2016.
The Government indicates that the MESC continues to implement the School Fee Grant Scheme, which aims at the provision of free education in primary and secondary schools. In addition, the School Operations Units of the MESC has noted the increased number of school enrolment and attendance rates. The Committee encourages the Government to continue its efforts to facilitate access of all children to free basic education. It further requests the Government to continue to provide information on the measures taken and the results achieved in this regard, including the data on school enrolment and attendance rates and school drop-out rates, to the extent possible disaggregated by age and gender.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 82 of the Crimes Act 2013, makes it an offence to sell, deliver, exhibit, print, publish, create, produce or distribute any indecent material that depicts a child engaged in sexually explicit conduct. It observed, however, that for the purposes of this section a child is defined as a person under the age of 16 years. The Committee further noted the Government’s information that the Ministry of Commerce, Industry and Labour (MCIL), with the technical assistance from the Samoa Technical Facility Project, was carrying out a revision of the national legislation, including the Crimes Act 2013 in order to align the definition of a child with the provisions of the Convention. The Committee requested the Government to take the necessary measures to ensure that the use, procuring or offering of children between the ages of 16 and 18 years for the production of indecent materials is also effectively prohibited.
The Committee notes with interest the development of the Crimes Amendment Bill 2020, which has revised section 82 of the Crimes Act 2013. The Committee takes note of the Government’s indication in its report that the Crimes Amendment Bill will be submitted to the Cabinet for its approval before consideration by the Parliament. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Crimes Amendment Bill 2020 is adopted, without delay, so that the prohibition under section 82 of the Crimes Act 2013 on the production and distribution of indecent materials depicting children will include children between 16 and 18 years of age. It further requests the Government to provide information on any progress made in this regard.
Article 4(1). Determination of hazardous types of work. In its previous comments, the Committee noted that the Hazardous Work List, which contains a list of types of hazardous work prohibited to children under 18 years, had been approved by the Cabinet in May 2018 and was in the process of being incorporated into the Labour and Employment Relations Regulations. The Committee further noted the Government’s information that the list had been reviewed by the National Occupational Safety and Health Task Force and supported by the Samoa National Tripartite Forum. The Government also indicated that the MCIL had included this list in its first National Occupational Safety and Health Framework 2018 to ensure that all stakeholders take ownership in monitoring and reporting of any activities that are in breach of this list.
The Committee takes note of the Government’s information that the revised Hazardous Work List is currently pending vetting from the Office of the Attorney General before its submission to the Parliament. The Government also indicates that no cases of hazardous work by children under 18 years have been reported through the National Occupational Safety and Health Framework 2018. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure that the Hazardous Work List will be enacted and enforced, without further delay. The Committee requests the Government to provide information on any progress made in this regard. It also requests the Government to continue to provide information on any cases of hazardous work by children under 18 years that have been reported through the National Occupational Safety and Health Framework.
Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Children working as street vendors. In its previous comments, the Committee noted various measures taken by the Government to identify and protect children engaged in street vending, including: (i) establishment of a Child Vending Task Force (CVTF), comprised of representatives from the Ministry of Education, Sports and Culture (MESC), the Ministry of Police (MoP), the MCIL, the Office of the Attorney General and the Council of Churches, within the Ministry of Women, Community and Social Development (MWCSD) to address the issues pertaining to children working as street vendors; (ii) initiation of collaborative efforts by the MWCSD and the MoP to monitor and identify exploitation of children in the formal and informal economy, including through regular inspections in the streets of Apia and rural areas; (iii) conducting awareness-raising programmes on the use of children in street vending by the MCIL for employers in Upolu and Savaii, in order to prevent them from employing children under the age of 18 to sell goods and products during school hours; (iv) introduction of the Supporting Children Initiative by the MWCSD in March 2016 for children from vulnerable families, in order to ensure their safety through positive parenting support and providing training and financial assistance to parents for income generation projects; and (v) the initiation of Small Business Youth Incubator for Economic Development which aims to instigate programmes for small businesses and income generation projects for youth, women and vulnerable families. The Committee, however, noted that during the discussion which took place at the 107th Session of the Conference Committee on the Application of Standards in June 2018, concerning the application by Samoa of the Convention, the Employer members expressed their concern about the prevalence of under 15-year olds exploited as street vendors. Moreover, the Worker members indicated that around 38 per cent of child labour in Samoa was performed by under 15-year olds, which called into question the Government’s capacity and commitment to address the worst forms of child labour.
The Committee takes note of the Government’s indication that various services, such as counselling, school placement, and financial assistance, are provided to vulnerable families under the Supporting Children Initiative. In particular, 68 children working as street vendors from 18 families are covered under the Supporting Children Initiative and 11 out of these 18 families have been removed from the situation of having children with high to low risk of engagement in the worst forms of child labour. The Government further indicates that in 2018-2019, labour inspectors of the MCIL carried out inspections of 171 business entities and detected no cases violating section 51 of the Labour and Employment Relations Act of 2013, which regulates the employment of children. In addition, the MESC has developed the School Governance Framework, according to which school committees will monitor children engaged in street trading. The Committee further notes from the latest Government’s report on the Minimum Age Convention, 1973 (No. 138) that particular protection can be provided to child street vendors by the MWCSD through its Care Plan and Child Vending Scheme. The Government further indicates that the draft Interagency Guidelines elaborated by the MWCSD address the issues of child street vending. The Committee also takes note of the information provided by the Government that under the SWEEPS Program, inspectors of the MWCSD, in collaboration with the MoP, conduct monthly inspections to prevent child vending in Apia Town Area during school hours. However, the Government indicates that there are issues regarding the implementation of this Program due to challenges of multi-agency coordination. The Committee once again strongly encourages the Government to continue its efforts to identify and protect children engaged in street trading from the worst forms of child labour. It further requests the Government to provide information on the measures taken and the results achieved in this regard, particularly on the number of child street vendors who have been removed from the worst forms of child labour and provided with assistance.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Narcotics Act of 1967 as well as the Crimes Act of 2013 do not specifically establish offences related to the use, procuring of offering of a child for the production and trafficking of drugs. It also noted the Government’s statement that the national legislation need to be amended in order to include the prohibition of drug trafficking by children under the age of 18. Noting the absence of any further information in the Government’s report, the Committee once again requests the Government to take the necessary measures without delay to ensure the prohibition of the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs. It requests the Government to provide information on any progress made in this regard.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments the Committee noted the Government’s information that following the implementation of the School Fee Grant Scheme (SFGS), the number of children enrolled in the primary level had increased and that the SFGS had been extended to secondary schools for grades 9 to 11. It also noted the development of the Samoa Education Sector Plan 2012–18, entitled “Improved focus on access to education and training and quality learning outcomes”, which contains 22 programmes of activities. The Committee further noted that the Committee on the Rights of the Child, in its 2016 concluding observations, was concerned about the hidden costs of education, low enrolment rates and high drop-out rates at the secondary school level, and gender gaps characterized by a lower enrolment rate of boys (CRC/C/WSM/CO/2-4, paragraph 50).
The Committee notes the Government’s information in its report that, since 2017, the Ministry of Education, Sports and Culture, along with school attendance officers (school principals, inspectors and committees), have been focusing on monitoring the compliance of the compulsory education indicator within the revised School Minimum Service Standards of 2016. The Government indicates that these concerted efforts have been very successful and that 106 of the 167 community/village schools have established by-laws on compulsory education for children from the age of 5 to 14 years. In this regard, the Committee notes that according to the UNESCO estimates, in 2016 the net enrolment rate (NER) in primary education was 94.86 per cent (96.11 female and 93.7 male) and the NER in secondary education was 77.27 per cent. There was a total of 1,275 children and adolescents who were out of school in 2016. The Committee further notes the Government’s indication that the Parliament has proposed an increase in the compulsory school age from 14 years to 16 years, in the current Education Bill. While welcoming the measures taken by the Government, the Committee encourages it to pursue its efforts to facilitate access of all children to free basic education. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment and attendance rates and reducing school drop-out rates. To the extent possible, this information should be disaggregated by age and gender. The Committee further requests the Government to provide information on any progress made with regard to the raising of the compulsory school age to 16 years in the Education Bill.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)
The Committee notes the discussion which took place at the 107th Session of the Conference Committee on the Application of Standards in June 2018, concerning the application by Samoa of the Convention.
Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 82 of the Crimes Act 2013, makes it an offence to sell, deliver, exhibit, print, publish, create, produce or distribute any indecent material that depicts a child engaged in sexually explicit conduct. It observed, however, that for the purposes of this section a child is defined as a person under the age of 16 years. The Committee therefore urged the Government to take the necessary measures to ensure that the use, procuring or offering of children between the ages of 16 and 18 for the production of indecent materials is also effectively prohibited.
The Committee notes the Government’s information in its report that the Ministry of Commerce, Industry and Labour (MCIL), with the technical assistance from the Samoa Technical Facility Project is carrying out a revision of the national legislation, including the Crimes Act in order to align the definition of a child with the provisions of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures, during the revision of the national legislation, to ensure that the definition of a child under section 82 of the Crimes Act will refer to persons under the age of 18 years, so that the prohibition under this section on the production and distribution of indecent materials depicting children will include children between 16 and 18 years of age. It requests the Government to provide information on any progress made in this regard.
Article 4(1). Determination of hazardous types of work. In its previous comments, the Committee noted the Government’s statement that a draft list determining the types of hazardous work prohibited to children would be submitted to the Samoa National Tripartite Forum for endorsement. The Committee expressed the firm hope that the list of types of hazardous work prohibited for children under 18 years of age would be finalized and adopted in the near future.
The Committee notes that at the Conference Committee, the Employer members expressed their concern over the absence of a list of hazardous work in which the employment of young persons is prohibited.
The Committee notes with interest the Government’s indication that the Hazardous Work List, which contains a list of types of hazardous work prohibited to children under 18 years, has been approved by the Cabinet in May 2018 and is in the process of being incorporated into the Labour and Employment Relations Regulations. The Committee notes the Government’s information that this list was reviewed by the National Occupational Safety and Health Task Force and supported by the Samoa National Tripartite Forum. The Government further indicates that the MCIL has included this list in its first National Occupational Safety and Health Framework 2018 to ensure that all stakeholders take ownership in monitoring and reporting of any activities that are in breach of this list. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Hazardous Work List will be enacted and enforced, without delay. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government to provide information on any cases of hazardous work by children under 18 years that have been identified and reported through the National Occupational Safety and Health Framework.
Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Children working as street vendors. In its previous comments, the Committee noted that section 20 of the Education Act 2009 specifically prohibits the engagement of compulsory school-aged children in street trading during school hours, and that it provides for the appointment of school attendance officers, responsible for identifying children who are out of school during school hours, and returning them to school. It also noted that the Community Sector Plan of 2016–21 (CSP) provides for a platform for the development of an intervention plan to respond to the needs of vulnerable children and their families. The Committee further noted that the majority of cases regarding child vendors in the streets were mainly dealt with by the Community Engagement Unit in collaboration with the Ministry of Education, Sports and Culture (MESC) and the Ministry of Women, Community and Social Development (MWCSD), whereby parents of the children involved in street vending were held responsible, after investigation, and then charged. However, the Committee noted that, according to the ILO Rapid Assessment Report on Children working on the streets in Apia, 2017, the majority of the 106 children interviewed started working on the streets due to the fact that the family needed income (page 36). Children, as young as 7 years of age, sold food, homemade juice and razor blades in dangerous environments, and worked long hours (over five to 12 hours a day), under harsh weather conditions, to sell their products. The majority of the children work for their own family and are not aware of the social support services available to them. Noting with concern that children continued to work as street vendors, often in hazardous conditions, the Committee requested the Government to take the necessary measures to identify and protect children engaged in street vending from the worst forms of child labour.
The Committee notes that at the Conference Committee, the Employer members expressed their concern about the prevalence of under 15-year olds exploited as street vendors. Moreover, the Worker members indicated that around 38 percent of child labour in Samoa was performed by under 15-year olds, which called into question the Government’s capacity and commitment to address the worst forms of child labour.
In this regard, the Committee notes the following measures taken by the Government as indicated in its report: (i) a Child Vending Task Force (CVTF), comprised of representatives from the MESC, Ministry of Police (MoP), the MCIL and the Office of the Attorney General and the Council of Churches, was established within the MWCSD to address the issues pertaining to children working as street vendors; (ii) collaborative efforts were initiated by the MWCSD along with the MoP to monitor exploitation of children in the formal and informal economy, including through regular inspections in the streets of Apia and rural areas; (iii) awareness-raising programmes on the use of children in street vending were conducted by the Ministry of Commerce, Industry and Labour for employers in Upolu and Savaii, in order to prevent them from employing children under the age of 18 to sell goods and products during school hours; (iv) the Supporting Children initiative was started by the MWCSD in March 2016 for children from vulnerable families, in order to ensure their safety through positive parenting support and providing training and financial assistance to parents for income generating projects; and (v) the Small Business Youth Incubator for Economic Development which aims to instigate programmes for small businesses and income generating projects for youth, women and vulnerable families, were initiated. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 12 July 2016, expressed its concern that children continue to work as vendors and that school absenteeism remains a challenge (CRC/C/WSM/CO/2-4, paragraph 52). While noting the measures taken by the Government, the Committee strongly encourages it to continue its efforts to identify and protect children engaged in street trading from the worst forms of child labour. It requests the Government to continue to provide information on the measures taken in this regard as well as information on the number of child street vendors who have been removed from the worst forms of child labour, including by the CVTF and through the collaborative efforts by the MWCSD and the MoP, and provided with assistance and socially integrated.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the Narcotics Act of 1967 as well as the Crimes Act of 2013 do not specifically establish offences related to the use, procuring of offering of a child for the production and trafficking of drugs. It also noted the Government’s statement that the national legislation need to be amended in order to include the prohibition of drug trafficking by children under the age of 18. Noting the absence of any further information in the Government’s report, the Committee once again requests the Government to take the necessary measures without delay to ensure the prohibition of the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs. It requests the Government to provide information on any progress made in this regard.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments the Committee noted the Government’s information that following the implementation of the School Fee Grant Scheme (SFGS), the number of children enrolled in the primary level had increased and that the SFGS had been extended to secondary schools for grades 9 to 11. It also noted the development of the Samoa Education Sector Plan 2012–18, entitled “Improved focus on access to education and training and quality learning outcomes”, which contains 22 programmes of activities. The Committee further noted that the Committee on the Rights of the Child, in its 2016 concluding observations, was concerned about the hidden costs of education, low enrolment rates and high drop-out rates at the secondary school level, and gender gaps characterized by a lower enrolment rate of boys (CRC/C/WSM/CO/2-4, paragraph 50).
The Committee notes the Government’s information in its report that, since 2017, the Ministry of Education, Sports and Culture, along with school attendance officers (school principals, inspectors and committees), have been focusing on monitoring the compliance of the compulsory education indicator within the revised School Minimum Service Standards of 2016. The Government indicates that these concerted efforts have been very successful and that 106 of the 167 community/village schools have established by-laws on compulsory education for children from the age of 5 to 14 years. In this regard, the Committee notes that according to the UNESCO estimates, in 2016 the net enrolment rate (NER) in primary education was 94.86 per cent (96.11 female and 93.7 male) and the NER in secondary education was 77.27 per cent. There was a total of 1,275 children and adolescents who were out of school in 2016. The Committee further notes the Government’s indication that the Parliament has proposed an increase in the compulsory school age from 14 years to 16 years, in the current Education Bill. While welcoming the measures taken by the Government, the Committee encourages it to pursue its efforts to facilitate access of all children to free basic education. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment and attendance rates and reducing school drop-out rates. To the extent possible, this information should be disaggregated by age and gender. The Committee further requests the Government to provide information on any progress made with regard to the raising of the compulsory school age to 16 years in the Education Bill.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the discussion which took place at the 107th Session of the Conference Committee on the Application of Standards in June 2018, concerning the application by Samoa of the Convention.
Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 82 of the Crimes Act 2013, makes it an offence to sell, deliver, exhibit, print, publish, create, produce or distribute any indecent material that depicts a child engaged in sexually explicit conduct. It observed, however, that for the purposes of this section a child is defined as a person under the age of 16 years. The Committee therefore urged the Government to take the necessary measures to ensure that the use, procuring or offering of children between the ages of 16 and 18 for the production of indecent materials is also effectively prohibited.
The Committee notes the Government’s information in its report that the Ministry of Commerce, Industry and Labour (MCIL), with the technical assistance from the Samoa Technical Facility Project is carrying out a revision of the national legislation, including the Crimes Act in order to align the definition of a child with the provisions of the Convention. The Committee expresses the firm hope that the Government will take the necessary measures, during the revision of the national legislation, to ensure that the definition of a child under section 82 of the Crimes Act will refer to persons under the age of 18 years, so that the prohibition under this section on the production and distribution of indecent materials depicting children will include children between 16 and 18 years of age. It requests the Government to provide information on any progress made in this regard.
Article 4(1). Determination of hazardous types of work. In its previous comments, the Committee noted the Government’s statement that a draft list determining the types of hazardous work prohibited to children would be submitted to the Samoa National Tripartite Forum for endorsement. The Committee expressed the firm hope that the list of types of hazardous work prohibited for children under 18 years of age would be finalized and adopted in the near future.
The Committee notes that at the Conference Committee, the Employer members expressed their concern over the absence of a list of hazardous work in which the employment of young persons is prohibited.
The Committee notes with interest the Government’s indication that the Hazardous Work List, which contains a list of types of hazardous work prohibited to children under 18 years, has been approved by the Cabinet in May 2018 and is in the process of being incorporated into the Labour and Employment Relations Regulations. The Committee notes the Government’s information that this list was reviewed by the National Occupational Safety and Health Task Force and supported by the Samoa National Tripartite Forum. The Government further indicates that the MCIL has included this list in its first National Occupational Safety and Health Framework 2018 to ensure that all stakeholders take ownership in monitoring and reporting of any activities that are in breach of this list. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Hazardous Work List will be enacted and enforced, without delay. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government to provide information on any cases of hazardous work by children under 18 years that have been identified and reported through the National Occupational Safety and Health Framework.
Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Children working as street vendors. In its previous comments, the Committee noted that section 20 of the Education Act 2009 specifically prohibits the engagement of compulsory school-aged children in street trading during school hours, and that it provides for the appointment of school attendance officers, responsible for identifying children who are out of school during school hours, and returning them to school. It also noted that the Community Sector Plan of 2016–21 (CSP) provides for a platform for the development of an intervention plan to respond to the needs of vulnerable children and their families. The Committee further noted that the majority of cases regarding child vendors in the streets were mainly dealt with by the Community Engagement Unit in collaboration with the Ministry of Education, Sports and Culture (MESC) and the Ministry of Women, Community and Social Development (MWCSD), whereby parents of the children involved in street vending were held responsible, after investigation, and then charged. However, the Committee noted that, according to the ILO Rapid Assessment Report on Children working on the streets in Apia, 2017, the majority of the 106 children interviewed started working on the streets due to the fact that the family needed income (page 36). Children, as young as 7 years of age, sold food, homemade juice and razor blades in dangerous environments, and worked long hours (over five to 12 hours a day), under harsh weather conditions, to sell their products. The majority of the children work for their own family and are not aware of the social support services available to them. Noting with concern that children continued to work as street vendors, often in hazardous conditions, the Committee requested the Government to take the necessary measures to identify and protect children engaged in street vending from the worst forms of child labour.
The Committee notes that at the Conference Committee, the Employer members expressed their concern about the prevalence of under 15-year olds exploited as street vendors. Moreover, the Worker members indicated that around 38 percent of child labour in Samoa was performed by under 15-year olds, which called into question the Government’s capacity and commitment to address the worst forms of child labour.
In this regard, the Committee notes the following measures taken by the Government as indicated in its report: (i) a Child Vending Task Force (CVTF), comprised of representatives from the MESC, Ministry of Police (MoP), the MCIL and the Office of the Attorney General and the Council of Churches, was established within the MWCSD to address the issues pertaining to children working as street vendors; (ii) collaborative efforts were initiated by the MWCSD along with the MoP to monitor exploitation of children in the formal and informal economy, including through regular inspections in the streets of Apia and rural areas; (iii) awareness-raising programmes on the use of children in street vending were conducted by the Ministry of Commerce, Industry and Labour for employers in Upolu and Savaii, in order to prevent them from employing children under the age of 18 to sell goods and products during school hours; (iv) the Supporting Children initiative was started by the MWCSD in March 2016 for children from vulnerable families, in order to ensure their safety through positive parenting support and providing training and financial assistance to parents for income generating projects; and (v) the Small Business Youth Incubator for Economic Development which aims to instigate programmes for small businesses and income generating projects for youth, women and vulnerable families, were initiated. The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations of 12 July 2016, expressed its concern that children continue to work as vendors and that school absenteeism remains a challenge (CRC/C/WSM/CO/2-4, paragraph 52). While noting the measures taken by the Government, the Committee strongly encourages it to continue its efforts to identify and protect children engaged in street trading from the worst forms of child labour. It requests the Government to continue to provide information on the measures taken in this regard as well as information on the number of child street vendors who have been removed from the worst forms of child labour, including by the CVTF and through the collaborative efforts by the MWCSD and the MoP, and provided with assistance and socially integrated.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that sections 17 and 18 of the Narcotics Act of 1967 prohibit the importing, exporting, selling or supplying of narcotics. The Government indicated that there appeared to be no specific provisions under the Crimes Act or other to address the issues of procuring or offering of a child for illicit activities.
The Committee notes the Government’s information, in its report, that in order to specifically protect children, there would be a need to amend the Narcotics Act 1967 and include a specific reference to the protection of children or to amend the Crimes Act 2013 to include the prohibition of drug trafficking by children under the age of 18. The Government also indicates that it has conducted more awareness raising on such illegal activities in order to inform the public so that they can report the cases. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee once again urges the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 14 February 2011 that primary education is not entirely free. The Government also indicated in this report that it launched the School Fee Grant Scheme (SFGS) in early 2010, whereby compulsory school-age children no longer had to pay school fees to allow them to complete the full cycle of primary education, but that parents and communities contribute to the maintenance of school buildings and facilities and pay for additional costs associated with schooling such as transport, uniforms and food (A/HRC/WG.6/11/WSM/1, paragraph 26). The Committee further noted from the National Policy for Children of Samoa (2010–15) that only 51 per cent of boys between the ages of 13 and 18 years were attending school and that attendance rates were lower in rural areas. Moreover, children in poor households were less likely to attend any school. The Committee noted the Government’s information that following the implementation of the SFGS, the number of children enrolled in the primary level had increased from 39,114 in 2010, to 40,538 in 2013. The Government also indicated that the SFGS had also been extended to secondary schools for grades 9 to 11.
The Committee notes the Government’s information that the Compulsory Education Task Force (composed of the MESC, Ministry of Police and Ministry of Women) as well as school committees and village mayors are conducting compulsory education spot checks for children aged 5 to 14. The Government further reports that, according to this programme, parents are punished by the village if children are not attending school during school hours. Moreover, this programme has raised awareness in the community (school committees, school principals and village mayors) on their responsibilities as attendance officers. The Committee also takes note of the development of the Samoa Education Sector Plan 2012–18, entitled “Improved focus on access to education and training and quality learning outcomes”, and containing 22 programmes of activities. It also notes the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 17 February 2016, that the SFGS has contributed to improve the quality of education for primary school students (A/HRC/WG.6/25/WSM/1, paragraph 62). The Committee further notes that according to the Education for All 2015 National Review for Samoa, UNESCO recommended that Samoa ensure the improvement of primary retention and completion rates in order to ensure progression into the secondary level of education. Similarly, the Committee on the Rights of the Child, in its 2016 concluding observations, was concerned about the hidden costs of education, low enrolment rates and high drop-out rates at the secondary school level, and gender gaps characterized by a lower enrolment rate of boys (CRC/C/WSM/CO/2-4, paragraph 50). The Committee also notes, from the Educational Statistical Digest 2016, published by the Ministry of Education, Sports and Culture of Samoa, that the net enrolment rate in primary education in 2016 was 100 per cent (page 7), while the net enrolment rate in secondary education was only 68 per cent (page 44). While welcoming the measures taken by the Government, the Committee encourages it to pursue its efforts, through SFGS and other initiatives, to facilitate access to free basic education, particularly to boys and children from poor families and rural areas. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates. To the extent possible, this information should be disaggregated by age and gender.
Application of the Convention in practice. The Committee previously noted the Government’s statement that measures would be taken to collect sufficient data to assess the practical application of the Convention.
The Committee notes the Government’s information that a Rapid Assessment of Children working in the streets of Apia has been conducted in collaboration with the ILO. The Committee once again requests the Government to take the necessary measures to ensure that statistical data on the nature, extent and trends of the worst forms of child labour in Samoa, is made available in the near future, including information on the number of investigations, prosecutions, convictions and penalties applied for offences related to the worst forms of child labour, disaggregated by gender and age. In particular, the Committee requests the Government to provide the results of the Rapid Assessment of Children working in the streets of Apia.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. The Committee previously observed that neither the Crimes Ordinance 1961 nor the Indecent Publications Ordinance 1960 appeared to specifically address the issue of production of indecent materials, or the use, procuring or offering of children under the age of 18 years for the production of such materials. The Committee noted that according to section 82 of the Crimes Act 2013, any person who sells, delivers, exhibits, prints, publishes, creates, produces or distributes any indecent material that depicts a child engaged in sexually explicit conduct shall be punished. The Committee noted, however, that for the purposes of this section a child is defined as a person under the age of 16 years. The Committee reminded the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of children under 18 years of age for pornography or pornographic performances shall be prohibited.
The Committee notes the Government’s information in its report that the Ministry of Police stated that national legislation should be reviewed so that the national definition of a child complies with the Convention. The Committee, therefore, once again urges the Government to take the necessary measures to ensure that the use, procuring or offering of children between the ages of 16 and 18 for the production of indecent materials is also effectively prohibited.
Article 4(1). Determination of hazardous types of work. With regard to the adoption of a list determining the types of hazardous work prohibited for persons under 18 years of age, the Committee refers the Government to its detailed comments under the Minimum Age Convention, 1973 (No. 138).
Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Children working as street vendors. The Committee noted that section 20 of the Education Act 2009 specifically prohibits the engagement of compulsory school-aged children in street trading during school hours, and that it provides for the appointment of school attendance officers, responsible for identifying children who are out of school during school hours, and returning them to school. However, the Committee noted the statement in the National Policy for Children, that despite measures to increase school attendance, child vendors continue to be seen operating day and night around central Apia. The Committee noted the Government’s information that children working as street vendors are those sent by their parents after school to sell goods for their own livelihoods. The Government further indicated that the school attendance officer identifies children of compulsory school age who are not in school during school hours, while the police is the authority in charge of identifying and removing child vendors from the street after school hours.
The Committee notes the Government’s information that the issue of children working as street vendors is dealt with in the Community Sector Plan 2016–21 (CSP). According to the Government, the CSP includes the promotion of a positive parenting programme as a “prevention approach”. In this regard, a Child Protection Officer was recruited within the Ministry of Women, Community and Social Development (MWCSD) to spearhead the implementation of the Convention on the Rights of the Child through effective planning, monitoring and evaluation. The Government also indicates that the MWCSD conducted a needs assessment with ten families with a child working as a street vendor. It reports that the CSP provides a platform for the development of an intervention plan which will respond to the needs of vulnerable children and their families. It is intended that this pilot group will be extended to the national level and become a component of the wider CSP. The Government further reports that the existing social protection programmes of the MWCSD can be expanded and tailored to children at risk, including child vendors, to offer basic survival skills and conduct awareness-raising programmes.
The Committee also notes from the Government’s report under Convention No. 138 that the majority of cases regarding child vendors in the streets are mainly dealt with by the Community Engagement Unit in collaboration with the Ministry of Education, Sports and Culture (MESC) and the MWCSD. The Government further indicates that the MESC conducts the process and then sends the approval to the police to go ahead with the investigation of the parents involved. Upon completion of the investigation, the parents may be charged. The Government also states that the police patrols the streets once a week to monitor the presence of children. The Committee notes that, according to the 2017 ILO “Report of the Rapid Assessment of Children working on the streets in Apia, Samoa: A pilot study”, the majority of the 106 children interviewed started working on the streets due to the fact that the family needed income (page 36). Children, as young as 7 years of age, sell food, homemade juice and razor blades. They are involved in hazardous work, working in dangerous environments, working long hours (over five to 12 hours a day), and under harsh weather conditions, to sell their products. The majority of the children work for their own family and are not aware of the social support services available to them. The Committee must express its concern that children continue to work as street vendors, often in hazardous conditions. Considering that children working on the streets are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take the necessary measures to identify and protect children engaged in street vending from the worst forms of child labour. It also requests the Government to provide information on the number of child street vendors who have been removed from the worst forms of child labour and provided with asssistance and socially integrated.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that sections 17 and 18 of the Narcotics Act of 1967 prohibit the importing, exporting, selling or supplying of narcotics.
The Committee notes the Government’s statement that there appears to be no specific provision under the Crimes Act or other enactment to address the issues of procuring or offering of a child for illicit activities. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee urges the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs.
Article 4(1). Determination of hazardous types of work. Following its previous comments, the Committee notes that according to section 83(2)(b) of the Labour and Employment Relations Act 2013, regulations may be made to determine unhealthy, dangerous or onerous work as well as the minimum ages of entry into employment in such work. The Committee requests the Government to indicate the measures taken or envisaged to adopt regulations determining the types of hazardous work which are prohibited for children under the age of 18 years, pursuant to section 83(2)(b) of the Labour and Employment Relations Act, after consultation with the organizations of employers and workers concerned.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 14 February 2011 that primary education is not entirely free. The Government also indicated in this report that it launched the School Fee Grant Scheme (SFGS) in early 2010, whereby compulsory school-aged children no longer had to pay school fees to allow them to complete the full cycle of primary education, but that parents and communities contribute to the maintenance of school buildings and facilities and pay for additional costs associated with schooling such as transport, uniforms and food (A/HRC/WG.6/11/WSM/1, paragraph 26). The Committee further noted from the National Policy for Children of Samoa (2010–15) that only 51 per cent of boys between the ages of 13 and 18 years were attending school and that attendance rates were lower in rural areas. Moreover, children in poor households were less likely to attend any school.
The Committee notes the Government’s information that following the implementation of the SFGS, the enrolment rates in the primary level increased from 39,114 in 2010, to 40,538 in 2013. The Government also indicates that the SFGS has also been extended to secondary schools for grades 9 to 11. The Committee further notes that according to the UNESCO Institute for Statistics, the net enrolment rates (NER) in primary education was 92 per cent (95 per cent girls and 90 per cent boys) while the NER at the secondary school was 76 per cent (82 per cent girls and 71 per cent boys). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts, through SFGS and other initiatives, to facilitate access to free basic education, particularly to boys and children from poor families and rural areas. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment rates and reducing school dropout rates.
Application of the Convention in practice. The Committee notes the Government’s statement that measures will be taken to collect sufficient data to assess the practical application of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Samoa, is made available in the near future, including information on the number of investigations, prosecutions, convictions and penalties applied for offences related to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for pornographic performances. Pornography or pornographic performances. The Committee had previously observed that neither the Crimes Ordinance 1961 nor the Indecent Publications Ordinance 1960 appeared to specifically address the production of indecent materials, or the use, procuring or offering of children under the age of 18 years for the production of such materials.
The Committee notes that according to section 82 of the Crimes Act 2013, any person who sells, delivers, exhibits, prints, publishes, creates, produces or distributes any indecent material, that depicts a child engaged in sexually explicit conduct shall be punished. The Committee notes, however, that for the purposes of this section a child is defined as a person under the age of 16 years. In this regard, the Committee reminds the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of children under 18 years of age for pornography or pornographic performances shall be prohibited. The Committee, therefore, urges the Government to take the necessary measures to ensure that the use, procuring or offering of children between the ages of 16 and 18 for the production of indecent materials is effectively prohibited.
Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Children working as street vendors. The Committee noted that section 20 of the Education Act 2009 specifically prohibits the engagement of compulsory school-aged children in street trading during school hours, and that it provides for the appointment of school attendance officers, responsible for identifying children who are out of school during school hours and returning to them to the school. However, the Committee noted the statement in the National Policy for Children, that despite measures to increase school attendance, child vendors continue to be seen operating day and night around central Apia. Moreover, the Committee noted the information from the United Nations Development Programme in a compilation of information from United Nations bodies prepared by the Office of the High Commissioner for Human Rights for the Human Rights Council’s Universal Periodic Review of 11 February 2011 that, due to recent economic difficulties, there had been an increase in the number of children selling various goods on the street (A/HRC/WG.6/11/WSM/2, paragraph 50). Furthermore, the Committee on the Rights of the Child, in its most recent examination of Samoa, expressed that it shared the Government’s concern regarding the growing number of working children, including children involved in domestic work and child street vendors, and the need to undertake targeted activities to address this issue (16 October 2006, CRC/C/WSM/CO/1, paragraph 54).
The Committee notes the Government’s information that children working as street vendors are those sent by their parents after school to sell goods for their own living. The Government further indicates that the school attendance officers identifies children of compulsory school age who are not in school during school hours, while the police is the authority to identify and remove children from street vending after school hours. The Committee also notes the Government’s information that the Ministry of Women, Community and Social Development, in collaboration with the Samoa Law Reform Commission, is in the process of developing a draft child care and protection bill. The Government indicates that through this bill, the Government’s commitment to childcare and protection initiatives can be enhanced. The Committee expresses the firm hope that the child care and protection bill will be adopted in the near future. Considering that children working on the streets are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take the necessary measures to identify and protect children engaged in street vending from the worst forms of child labour. It also requests the Government to provide information on the number of child street vendors who have been removed from the worst forms of child labour by the police and the school attendance officers.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that sections 17 and 18 of the Narcotics Act of 1967 prohibit the importing, exporting, selling or supplying of narcotics.
The Committee notes the Government’s statement that there appears to be no specific provision under the Crimes Act or other enactment to address the issues of procuring or offering of a child for illicit activities. Recalling that the use, procuring or offering of a child for the production and trafficking of drugs constitutes one of the worst forms of child labour, the Committee urges the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs.
Clause (d). Hazardous work. In its previous comments, the Committee noted that while the Labour and Employment Act 1972 appeared to only prohibit employment on dangerous machinery or in any injurious occupation in respect of children under the age of 15 years (pursuant to section 32(2)), the Government was in the process of developing a new Labour and Employment Relations Bill.
In this regard, the Committee notes with interest that section 51(2) of the Labour and Employment Relations Act 2013, prohibits the employment of children under the age of 18 years on dangerous machinery or in any occupation or in any place under working conditions injurious or likely to be injurious to the physical or moral health of such child.
Article 4(1). Determination of hazardous types of work. Following its previous comments, the Committee notes that according to section 83(2)(b) of the Labour and Employment Relations Act 2013, regulations may be made to determine unhealthy, dangerous or onerous work as well as the minimum ages of entry into employment in such work. The Committee requests the Government to indicate the measures taken or envisaged to adopt regulations determining the types of hazardous work which are prohibited for children under the age of 18 years, pursuant to section 83(2)(b) of the Labour and Employment Relations Act, after consultation with the organizations of employers and workers concerned.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 14 February 2011 that primary education is not entirely free. The Government also indicated in this report that it launched the School Fee Grant Scheme (SFGS) in early 2010, whereby compulsory school-aged children no longer had to pay school fees to allow them to complete the full cycle of primary education, but that parents and communities contribute to the maintenance of school buildings and facilities and pay for additional costs associated with schooling such as transport, uniforms and food (A/HRC/WG.6/11/WSM/1, paragraph 26). The Committee further noted from the National Policy for Children of Samoa (2010–15) that only 51 per cent of boys between the ages of 13 and 18 years were attending school and that attendance rates were lower in rural areas. Moreover, children in poor households were less likely to attend any school.
The Committee notes the Government’s information that following the implementation of the SFGS, the enrolment rates in the primary level increased from 39,114 in 2010, to 40,538 in 2013. The Government also indicates that the SFGS has also been extended to secondary schools for grades 9 to 11. The Committee further notes that according to the UNESCO Institute for Statistics, the net enrolment rates (NER) in primary education was 92 per cent (95 per cent girls and 90 per cent boys) while the NER at the secondary school was 76 per cent (82 per cent girls and 71 per cent boys). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts, through SFGS and other initiatives, to facilitate access to free basic education, particularly to boys and children from poor families and rural areas. It requests the Government to continue providing information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment rates and reducing school dropout rates.
Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that measures will be taken to collect sufficient data to assess the practical application of the Convention. The Committee once again requests the Government to take the necessary measures to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Samoa, is made available in the near future, including information on the number of investigations, prosecutions, convictions and penalties applied for offences related to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practice similar to slavery. Sale and trafficking of children. In its previous comments, the Committee observed that the national legislation did not appear to contain any provisions specifically addressing the sale and trafficking of children. It, therefore, requested the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 years for the purposes of both labour and sexual exploitation.
The Committee notes with satisfaction the adoption of the Crimes Act 2013 which contains specific provision prohibiting the sale and trafficking of children. The Committee notes that according to section 157 of the Crimes Act 2013, the selling, buying, transferring, transporting, importing or bringing into any place a person under the age of 18 years for purposes of sexual exploitation or engagement in forced labour shall be punished with imprisonment for a term not exceeding 14 years. The Committee underlines the need for the effective implementation of these provisions.
Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee previously noted the various provisions of the Crimes Ordinance 1961 which address offences related to living on the earnings of the prostitution of another person, soliciting any prostitute and procuring or offering to procure any woman or girl to have sexual intercourse. Noting that the Crimes Ordinance 1961 did not appear to protect boys under the age of 18 years from being procured or offered for the purpose of prostitution, the Committee requested the Government to take the necessary measures in this regard.
The Committee notes with satisfaction that according to section 73 of the Crimes Act 2013, any person who offers or agrees to pay or reward another person for sexual intercourse or sexual connection shall be punished. Moreover, pursuant to section 157 of the Crimes Act 2013 dealing in people under 18 years for sexual exploitation is an offence punishable with imprisonment not exceeding 14 years. The Committee underlines the need for the effective implementation of these provisions.
2. Pornography or pornographic performances. The Committee had previously observed that neither the Crimes Ordinance 1961 nor the Indecent Publications Ordinance 1960 appeared to specifically address the production of indecent materials, or the use, procuring or offering of children under the age of 18 years for the production of such materials.
The Committee notes that according to section 82 of the Crimes Act 2013, any person who sells, delivers, exhibits, prints, publishes, creates, produces or distributes any indecent material, that depicts a child engaged in sexually explicit conduct shall be punished. The Committee notes, however, that for the purposes of this section a child is defined as a person under the age of 16 years. In this regard, the Committee reminds the Government that by virtue of Article 3(b) of the Convention, the use, procuring or offering of children under 18 years of age for pornography or pornographic performances shall be prohibited. The Committee, therefore, urges the Government to take the necessary measures to ensure that the use, procuring or offering of children between the ages of 16 and 18 for the production of indecent materials is effectively prohibited.
Article 7(2). Effective and time-bound measures. Clause (d). Reaching out to children at special risk. Children working as street vendors. The Committee noted that section 20 of the Education Act 2009 specifically prohibits the engagement of compulsory school-aged children in street trading during school hours, and that it provides for the appointment of school attendance officers, responsible for identifying children who are out of school during school hours and returning to them to the school. However, the Committee noted the statement in the National Policy for Children, that despite measures to increase school attendance, child vendors continue to be seen operating day and night around central Apia. Moreover, the Committee noted the information from the United Nations Development Programme in a compilation of information from United Nations bodies prepared by the Office of the High Commissioner for Human Rights for the Human Rights Council’s Universal Periodic Review of 11 February 2011 that, due to recent economic difficulties, there had been an increase in the number of children selling various goods on the street (A/HRC/WG.6/11/WSM/2, paragraph 50). Furthermore, the Committee on the Rights of the Child, in its most recent examination of Samoa, expressed that it shared the Government’s concern regarding the growing number of working children, including children involved in domestic work and child street vendors, and the need to undertake targeted activities to address this issue (16 October 2006, CRC/C/WSM/CO/1, paragraph 54).
The Committee notes the Government’s information that children working as street vendors are those sent by their parents after school to sell goods for their own living. The Government further indicates that the school attendance officers identifies children of compulsory school age who are not in school during school hours, while the police is the authority to identify and remove children from street vending after school hours. The Committee also notes the Government’s information that the Ministry of Women, Community and Social Development, in collaboration with the Samoa Law Reform Commission, is in the process of developing a draft child care and protection bill. The Government indicates that through this bill, the Government’s commitment to childcare and protection initiatives can be enhanced. The Committee expresses the firm hope that the child care and protection bill will be adopted in the near future. Considering that children working on the streets are particularly vulnerable to the worst forms of child labour, the Committee requests the Government to take the necessary measures to identify and protect children engaged in street vending from the worst forms of child labour. It also requests the Government to provide information on the number of child street vendors who have been removed from the worst forms of child labour by the police and the school attendance officers.
The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes the Government’s first report.
Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practice similar to slavery. 1. Sale and trafficking of children. The Committee observes that the national legislation does not appear to contain any provisions specifically addressing the sale and trafficking of children. The Committee notes that while the Crimes Ordinance 1961 (pursuant to section 83) prohibits the abduction or detention of a woman or girl for sexual purposes, this prohibition does not appear to cover the sale of children, the trafficking of children for labour exploitation or the trafficking of boys under 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 for the purposes of both labour and sexual exploitation. It requests the Government to provide information on measures taken in this regard in its next report.
2. Forced or compulsory labour. The Committee notes that article 8 of the Constitution of Samoa specifies that no person shall be required to perform forced or compulsory labour.
3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s statement in its initial report submitted to the Committee on the Rights of the Child (CRC) on 15 February 2006 that Samoa maintains no standing armies or armed forces (CRC/C/WSM/1, paragraph 128).
Clause (b). Use, procuring or offering of a child for prostitution, pornography or pornographic performances. 1. Prostitution. The Committee notes that the Crimes Ordinance 1961 contains several provisions addressing acts relating to prostitution. Section 58L(a) prohibits living on the earnings of the prostitution of another person, and section 58L(b) prohibits soliciting for any prostitute. In addition, the Committee notes that section 58M of the Crimes Ordinance 1961 prohibits procuring or offering to procure any woman or girl to have sexual intercourse with any male who is not her husband. The Committee observes that section 58M applies only to females, and does not appear to offer boys under 18 protection from being procured or offered for the purpose of prostitution. Therefore, the Committee requests the Government to take the necessary measures to adopt a prohibition on the use, procuring and offering of boys under 18 years for the purpose of prostitution. It requests the Government to provide information on any measures taken in this regard.
2. Pornography or pornographic performances. The Committee notes that section 43 of the Crimes Ordinance 1961 prohibits selling, exposing for sale or distributing any indecent object or model, and prohibits exhibiting or presenting any indecent show or performance. The Committee also notes that section 3 of the Indecent Publications Ordinance 1960 prohibits selling, delivering, printing, sending, exhibiting or offering indecent documents. However, the Committee observes that neither the Crimes Ordinance 1961 nor the Indecent Publications Ordinance 1960 appear to specifically address the production of indecent materials, or the use, procuring or offering of children under the age of 18 for the production of such materials. In this regard, the Committee requests the Government to indicate if the prohibitions contained in the Indecent Publication Ordinance 1960 or in section 43 of the Crimes Ordinance 1961 encompass the use, procuring or offering of children under the age of 18 for the production of pornography or pornographic performances.
Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that while sections 17 and 18 of the Narcotics Act 1967 prohibit the import, export, selling or supplying of narcotics, there do not appear to be any prohibitions on the use, procuring or offering of a child for this offence. The Committee therefore requests the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, including the production and trafficking of drugs.
Clause (d). Hazardous work. The Committee notes that while the Labour and Employment Act 1972 appears to only prohibit employment on dangerous machinery or in any injurious occupation in respect of children under the age of 15 years (pursuant to section 32(2)), the Government is in the process of developing a new Labour and Employment Relations Bill. In this regard, the Committee observes that section 50(2) of this Bill will prohibit children under 18 years from being employed on dangerous machinery or in any occupation or in any place under working conditions injurious or likely to be injurious to the physical or moral health of a child. The Committee, therefore, urges the Government to take the necessary measures to ensure the adoption of the Labour and Employment Relations Bill in the near future, to prohibit hazardous work for children under the age of 18 years, in conformity with Article 3(d) of the Convention.
Article 4(1). Determination of hazardous types of work. The Committee notes the Government’s statement that no consultations have been undertaken on a list of types of unhealthy dangerous or onerous work under section 32 of the Labour and Employment Act. However, the Government states that workers’ and employers’ organizations have been consulted on the new provisions on child labour in the Labour and Employment Relations Bill. In this regard, the Committee notes that section 55(2)(b) of the Labour and Employment Relations Bill provides that regulations may be made to prescribe what is unhealthy, dangerous, or onerous work. Recalling that pursuant to Article 4(1) of the Convention, the types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to take measures to adopt regulations (pursuant to section 55(2)(b) of the Labour and Employment Relations Bill, once adopted) determining the types of hazardous work which are prohibited for children under 18 years.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s statement in its report to the Human Rights Council for the Universal Periodic Review of 14 February 2011 that primary education is not entirely free. The Government indicates in this report that it launched the School Fee Grant Scheme in early 2010, whereby compulsory school-aged children no longer pay school fees to allow them to complete the full cycle of primary education, but that parents and communities contribute to the maintenance of school buildings and facilities and pay for additional costs associated with schooling such as transport, uniforms and food (A/HRC/WG.6/11/WSM/1, paragraph 26). However, the Committee notes the statement in the National Policy for Children of Samoa (2010–15) that while 89 per cent children aged 5–12 are attending primary school, only 59 per cent of students aged 13–18 who should be in school are in fact attending. The National Policy also indicates that only 51 per cent of boys between the ages of 13–18 are attending school, and that attendance rates are lower in rural areas. It further indicates that children from poorer households are less likely to attend school. The National Policy states that despite the passing of the Education Act 2009 (whereby education is compulsory) and the commencement of the school fee relief scheme, children drop out of school to earn a living and to support their families. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to pursue its efforts, through the School Fee Grant Scheme and other initiatives, to facilitate access to free basic education, particularly to boys and children from poor families and rural areas. It requests the Government to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment rates and reducing school drop-out rates.
Clause (d). Reaching out to children at special risk. Children working as street vendors. The Committee notes the Government’s statement that the Education Act 2009 enables the removal of children from street vending. In this regard, the Committee notes that section 20 of this Act specifically prohibits the engagement of compulsory school-aged children in street trading during school hours. The Education Act 2009 also provides for the appointment of school attendance officers, responsible for identifying children who are out of school during school hours and returning to them to the school. However, the Committee notes the statement in the National Policy for Children of Samoa (2010–15), that despite measures to increase school attendance, child vendors continue to be seen operating day and night around central Apia. This document states that the negative aspects of this work can have a lasting effect on children, and that there is inadequate enforcement by authorities of the relevant legislation. Moreover, the Committee notes the information from the United Nations Development Programme in a compilation of information from United Nations bodies prepared by the Office of the High Commissioner for Human Rights for the Human Rights Council’s Universal Periodic Review of 11 February 2011 that, due to recent economic difficulties, there has been an increase in the number of children selling various goods on the street (A/HRC/WG.6/11/WSM/2, paragraph 50). The Committee, therefore, requests the Government to take the necessary measures to identify and reach out to children engaged in street vending to ensure that these children are protected from the worst forms of child labour. It also requests the Government to provide information on the measures taken to enforce section 20 of the Education Act, including measures taken by labour inspectors and school attendance officers.
Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that at this stage, there is no data available on the implementation of the Convention. Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee encourages the Government to take the necessary measures to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Samoa, is made available in the near future, including information on the number of investigations, prosecutions, convictions and penalties applied for offences related to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by sex and age.
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