Minimum Age Convention, 1973 (No. 138) - Samoa (RATIFICATION: 2008)

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Previous comment

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application in practice of the Convention. The Committee notes the Government’s indication, in its report, that the National Child Care and Protection Policy 2020–30 was adopted. The Policy’s objective is to protect children from all forms of abuse, exploitation, neglect and violence, and provide them with equitable access to services to support their reintegration and recovery when necessary. The Committee notes the Government’s indication that the Ministry of Women, Community and Social Development (MWCSD) is conducting an important review to amend the Policy and broaden its scope to cover not only childcare and child protection, but all matters and concerns pertaining to children in Samoa.

The Committee further takes note of the Multiple Indicator Cluster Survey 2019–20 Findings Report, published in 2021, which indicates that, of the surveyed children, 22.3 per cent of children aged 5 to 17 years were engaged in child labour. More specifically, 13.9 per cent of children aged 5 to 14 years were either engaged in an economic activity or household chores above the age specific thresholds and 14.3 per cent of children aged 5 to 17 years were engaged in hazardous work. The Committee requests the Government to pursue its efforts to progressively eliminate child labour, including in hazardous work. It requests the Government to continue providing information on: (i) the specific measures taken in this regard, including within the framework of the National Child Care and Protection Policy 2020–30; and (ii) the results achieved, including by providing updated statistical data on the nature and trends of child labour.

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Previous comment

Article 2(3) of the Convention. Age of completion of compulsory education. The Committee notes, from the Government’s report, that the Labour and Employment Relations Amendment Act, 2023, amended section 51 of the Labour and Employment Relations Act, 2013, by raising the minimum age for work or employment from 15 to 16 years. It notes with satisfaction that the minimum age for work or employment is now aligned with the age of completion of compulsory education, in line with Article 2(3) of the Convention.

Article 3(2). Determination of types of hazardous work. With regard to the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. The Committee notes the Government’s indication that the Labour and Employment Relations Amendment Act, 2023, introduced amendments to section 51 of the Labour and Employment Relations Act, 2013, consistent with the requirements of Article 7(1) of the Convention. The Committee notes with interest that section 51(2), as amended, sets the minimum age for light work activities at 13 years, with the requirements that such work: (1) is not likely to be harmful to the health and development of the child; (2) does not affect the child’s attendance at school or vocational training or prevent or interfere with school attendance, active participation in school activities or the child’s education development; and (3) complies with regulations. The Committee further notes, from the Government’s report on the application of Convention No. 182, that a draft Labour and Employment Relations Regulation, 2023, is in the final stages before adoption. The Committee requests the Government to take the necessary measures to ensure that the draft Labour and Employment Relations Regulation, 2023, includes: (i) provisions to ensure the determination of light work activities; (ii) the conditions in which light work may be permitted; and (iii) the number of hours during which such employment of children may be undertaken.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and practical application of the Convention.  The Committee previously noted the concern of the Committee of the Rights of the Child on 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. The Committee further noted a draft Child Care and Protection Bill developed by the Ministry of Women Community and Social Development (MWCSD). In particular, as per 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 Committee also noted the Government’s statement that the Division for Research Policy/Planning and Information, in collaboration with the Division for Women, had completed a draft Child Policy, which would support the roll-out of the forthcoming childcare and protection legislation.

The Committee notes the Government’s indication in its report concerning a draft Samoa National Childcare Protection for 2019-2024 (SNCP), previously known as the National Policy for Children of Samoa. The Government specifies that the SNCP focuses on health and social protection for children from vulnerable families. The Government further indicates that the Family, Safety, and Child Protection Strategy and the Youth Employment Programs regulate issues on child labour and youth employment. The Committee expresses the firm hope that the draft Samoa National Childcare Protection (SNCP) and the Child Care and Protection Bill will be adopted in the near future. The Committee requests the Government to provide information on any progress made in this regard. It further requests the Government to continue to provide information on the measures taken to progressively eliminate child labour as well as on statistical data on the number of children below the minimum age engaged in child labour, and the nature, scope and trends of their work.

Article 9(3). Keeping of registers. Further to its previous comments concerning the requirement to keep registers of all persons employed under the age of 18 years, the Committee observes that section 7(1)(2) of the Labour and Employment Relations Regulations of 2016 (LER Regulations of 2016) sets out the employer’s obligation to keep records of employees, including information on their sex, age, types of work performed, and wage. The Committee further notes that the form of such record is established in Schedule 1 of the LER Regulations of 2016.

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Article 2(3) of the Convention. Age of completion of compulsory education. In its previous comments, the Committee noted that section 20 of the Education Act 2009 prohibits arranging for a compulsory school-aged child to engage in street trading or to carry out other work of any kind during school hours. However, the Committee noted that pursuant to section 2 of the Education Act 2009, a compulsory school-aged child is defined as a person between 5 years and 14 years of age, who has not completed the eighth year of school. The Committee noted the Government’s statement that the Ministry of Education, Sports and Culture had started consulting with the Office of the Attorney General on the drafting of the revised Education Amendment Bill 2016 in order to raise the age of completion of compulsory schooling to 15 years.

The Committee notes with satisfaction the adoption of the Education Amendment Act of 2019, which in its section 2, has raised the age of completion of compulsory schooling from 14 years to 16 years of age. The Committee further notes that the minimum age for admission to employment remains 15 years according to section 51(1) of the Labour and Employment Relations Act of 2013 (LER Act of 2013). In this regard, in its 2012 General Survey on fundamental conventions paragraph 370, the Committee indicates that “if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work.” The Committee therefore encourages the Government to take the necessary measures to raise to 16 the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention.

Article 3(2). Determination of types of hazardous work. With regard to the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refers to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. In its previous comments, the Committee noted that under section 51(1) of the LER Act of 2013, “a person must not employ a child under the age of 15 years in a place of employment except in safe and light work suited to his or her capacity and subject to such conditions as may be determined by the Chief Executive Officer of the Ministry of Labour”. The Committee observed, however, that there appeared to be no lower minimum age for engagement in such light work activities. It further noted the Government’s statement that a list of light work was being reviewed for children under the age of 15 in accordance with section 51 of the LER Act of 2013 and would be submitted to the Samoa National Tripartite Forum for endorsement.

The Committee notes the Government’s indication concerning the revision of the list of light work under the on-going review of the LER Act of 2013. The Committee, however, observes that section 22 of the Labour and Employment Relations Regulations of 2016 (LER Regulations of 2016) sets out limited working hours for children between 12 and 14 years of age. The Committee recalls that Article 7(1) of the Convention provides that national laws or regulations may permit children only from the age of 13 to engage in light work. The Committee therefore strongly urges the Government to take the necessary measures to bring section 22 of the Labour and Employment Relations Regulations of 2016 in line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years. The Committee once again expresses the firm hope that the Government will take the necessary measures to regulate light work activities in compliance with Article 7(3) of the Convention. It further requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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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 1 of the Convention. National policy designed to ensure the effective abolition of child labour and practical application of the Convention. The Committee had previously noted the Government’s information that a National Policy for Children of Samoa (2010–15) which aims to alleviate poverty and provide protection to children through programmes and services to address the needs of children in difficult circumstances had been adopted. The Committee had also noted the concern of the Committee of the Rights of the Child on 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. It also noted from the Government’s report that the Ministry of Women Community and Social Development, which is the authority mandated to review the National Policy for Children, had developed a draft Child Care and Protection Bill. The Government indicated that through this Bill, the Government’s commitment to childcare and protection initiatives could be enhanced. The Committee noted that, as per 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 Committee notes the Government’s information that the Child Care and Protection Bill is currently being finalized based on recent revision and recommendations. The Government also indicates that the Division for Research Policy/Planning and Information, in collaboration with the Division for Women, has completed a draft Child Policy, which will support the roll-out of the forthcoming childcare and protection legislation. The key Ministry for the effective implementation of the Act will be the Ministry of Women, Community and Social Development. The Government finally indicates that upholding the rights of the children will require comprehensive and collaborative inputs from across many key government ministries as well as non-governmental organizations. The Committee expresses the firm hope that the Child Care and Protection Bill will be adopted in the near future. It once again requests that the Government provide information on the measures taken within the framework of the National Policy for Children of Samoa, as well as other initiatives, to protect children from child labour. The Committee also requests that the Government take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Samoa is available, including information on the number of children below the minimum age engaged in child labour, and the nature, scope and trends of their work.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(3) of the Convention. Age of completion of compulsory education. In its previous comments, the Committee noted that section 20 of the Education Act 2009 prohibits arranging for a compulsory school-aged child to engage in street trading or to carry out other work of any kind during school hours. However, the Committee noted that pursuant to section 2 of the Education Act 2009, a compulsory school-aged child is defined as a person between 5 years and 14 years of age, who has not completed the eighth year of school. The Committee noted the Government’s statement that the provisions to raise the age of completion of compulsory schooling to 15 years will be incorporated in the Education Act after consultations with the Attorney General’s Office.

The Committee notes the Government’s information in its report that the Ministry of Education, Sports and Culture has started consulting with the Office of the Attorney General on the drafting of the revised Education Amendment Bill 2016 in order to incorporate a change in the age of completion of compulsory schooling. The Committee expresses the firm hope that the Education Amendment Bill, raising the age of completion of compulsory schooling in line with the minimum age for admission to work of 15 years, will be finalized and adopted soon. It requests that the Government provide information on any progress made in this regard.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that according to section 83(2)(b) of the Labour and Employment Relations Act 2013 (LER Act of 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 notes the Government’s statement that there is a draft list determining the types of hazardous work prohibited to children, which will be submitted to the Samoa National Tripartite Forum for endorsement. The Committee expresses the firm hope that the list of types of hazardous work prohibited for children under 18 years of age will be finalized and adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. In its previous comments, the Committee noted that section 32(1) of the Labour and Employment Act 1972 permits children under the age of 15 to engage in safe and light work suited to his or her capacity. It also noted that the Education Act 2009 appears to allow children of compulsory school age to be engaged in some types of work which do not occur during school hours and which do not prevent or interfere with the child’s attendance at school, active participation in school activities or the child’s educational development. The Committee observed, however, that there appeared to be no lower minimum age for engagement in such light work activities. The Committee noted the Government’s indication that the Ministry of Labour would take the necessary measures to address this issue as well, as to determine the types of light work activities permitted to children between the ages of 13 and 15 years.

The Committee notes the Government’s information that under section 51(1) of the new LER Act of 2013, “a person must not employ a child under the age of 15 years in a place of employment except in safe and light work suited to his or her capacity and subject to such conditions as may be determined by the Chief Executive Officer of the Ministry of Labour”. The Committee, however, notes once again that this provision does not set a lower minimum age for engagement in such light work activities. It also notes the Government’s statement that a list of light work is currently being reviewed for children under the age of 15 in accordance with section 51 of the LER Act of 2013 and will be submitted to the Samoa National Tripartite Forum for endorsement. The Committee urges the Government to take the necessary measures to bring the national laws and regulations in line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years, pursuant to Article 7(1) of the Convention. It requests that the Government provide information on any progress made in this regard. It also expresses the firm hope that the Government will take the necessary measures to regulate light work activities in compliance with Article 7(3) of the Convention.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that section 83(2)(a) of the LER Act of 2013 provides that regulations may be made requiring employers to keep records of persons employed in their undertakings, and prescribing the form and contents of such records. Moreover, the Committee noted that section 16 of the LER Act of 2013 states that the Chief Executive Officer of the Ministry of Labour shall have the power to require an employer to keep and produce books, registers or other documents relating to the employment of his/her employees.

The Committee notes the Government’s indication that the Ministry of Commerce, Industry and Labour sent a letter of intent to remind the employers of their obligations and to obtain information on the employment of children under the age of 18 years. The Committee, however, reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom they employ and who are less than 18 years of age. The Committee therefore urges the Government to take effective measures pursuant to section 83(2)(a) of the LER Act of 2013, to adopt regulations requiring employers to keep registers of all persons employed under the age of 18 years, in conformity with Article 9(3) of the Convention, and to provide the information obtained by the employers further to the letter of intent and the regulations further adopted.

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.

CMNT_TITLE

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and practical application of the Convention. The Committee had previously noted the Government’s information that a National Policy for Children of Samoa (2010–15) which aims to alleviate poverty and provide protection to children through programmes and services to address the needs of children in difficult circumstances had been adopted. The Committee had also noted the concern of the Committee of the Rights of the Child on 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. It also noted from the Government’s report that the Ministry of Women Community and Social Development, which is the authority mandated to review the National Policy for Children, had developed a draft Child Care and Protection Bill. The Government indicated that through this Bill, the Government’s commitment to childcare and protection initiatives could be enhanced. The Committee noted that, as per 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 Committee notes the Government’s information that the Child Care and Protection Bill is currently being finalized based on recent revision and recommendations. The Government also indicates that the Division for Research Policy/Planning and Information, in collaboration with the Division for Women, has completed a draft Child Policy, which will support the roll-out of the forthcoming childcare and protection legislation. The key Ministry for the effective implementation of the Act will be the Ministry of Women, Community and Social Development. The Government finally indicates that upholding the rights of the children will require comprehensive and collaborative inputs from across many key government ministries as well as non-governmental organizations. The Committee expresses the firm hope that the Child Care and Protection Bill will be adopted in the near future. It once again requests that the Government provide information on the measures taken within the framework of the National Policy for Children of Samoa, as well as other initiatives, to protect children from child labour. The Committee also requests that the Government take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Samoa is available, including information on the number of children below the minimum age engaged in child labour, and the nature, scope and trends of their work.

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Article 2(3) of the Convention. Age of completion of compulsory education. In its previous comments, the Committee noted that section 20 of the Education Act 2009 prohibits arranging for a compulsory school-aged child to engage in street trading or to carry out other work of any kind during school hours. However, the Committee noted that pursuant to section 2 of the Education Act 2009, a compulsory school-aged child is defined as a person between 5 years and 14 years of age, who has not completed the eighth year of school. The Committee noted the Government’s statement that the provisions to raise the age of completion of compulsory schooling to 15 years will be incorporated in the Education Act after consultations with the Attorney General’s Office.

The Committee notes the Government’s information in its report that the Ministry of Education, Sports and Culture has started consulting with the Office of the Attorney General on the drafting of the revised Education Amendment Bill 2016 in order to incorporate a change in the age of completion of compulsory schooling. The Committee expresses the firm hope that the Education Amendment Bill, raising the age of completion of compulsory schooling in line with the minimum age for admission to work of 15 years, will be finalized and adopted soon. It requests that the Government provide information on any progress made in this regard.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee noted that according to section 83(2)(b) of the Labour and Employment Relations Act 2013 (LER Act of 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 notes the Government’s statement that there is a draft list determining the types of hazardous work prohibited to children, which will be submitted to the Samoa National Tripartite Forum for endorsement. The Committee expresses the firm hope that the list of types of hazardous work prohibited for children under 18 years of age will be finalized and adopted in the near future. It requests that the Government provide information on any progress made in this regard.

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. In its previous comments, the Committee noted that section 32(1) of the Labour and Employment Act 1972 permits children under the age of 15 to engage in safe and light work suited to his or her capacity. It also noted that the Education Act 2009 appears to allow children of compulsory school age to be engaged in some types of work which do not occur during school hours and which do not prevent or interfere with the child’s attendance at school, active participation in school activities or the child’s educational development. The Committee observed, however, that there appeared to be no lower minimum age for engagement in such light work activities. The Committee noted the Government’s indication that the Ministry of Labour would take the necessary measures to address this issue as well, as to determine the types of light work activities permitted to children between the ages of 13 and 15 years.

The Committee notes the Government’s information that under section 51(1) of the new LER Act of 2013, “a person must not employ a child under the age of 15 years in a place of employment except in safe and light work suited to his or her capacity and subject to such conditions as may be determined by the Chief Executive Officer of the Ministry of Labour”. The Committee, however, notes once again that this provision does not set a lower minimum age for engagement in such light work activities. It also notes the Government’s statement that a list of light work is currently being reviewed for children under the age of 15 in accordance with section 51 of the LER Act of 2013 and will be submitted to the Samoa National Tripartite Forum for endorsement. The Committee urges the Government to take the necessary measures to bring the national laws and regulations in line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years, pursuant to Article 7(1) of the Convention. It requests that the Government provide information on any progress made in this regard. It also expresses the firm hope that the Government will take the necessary measures to regulate light work activities in compliance with Article 7(3) of the Convention.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that section 83(2)(a) of the LER Act of 2013 provides that regulations may be made requiring employers to keep records of persons employed in their undertakings, and prescribing the form and contents of such records. Moreover, the Committee noted that section 16 of the LER Act of 2013 states that the Chief Executive Officer of the Ministry of Labour shall have the power to require an employer to keep and produce books, registers or other documents relating to the employment of his/her employees.

The Committee notes the Government’s indication that the Ministry of Commerce, Industry and Labour sent a letter of intent to remind the employers of their obligations and to obtain information on the employment of children under the age of 18 years. The Committee, however, reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom they employ and who are less than 18 years of age. The Committee therefore urges the Government to take effective measures pursuant to section 83(2)(a) of the LER Act of 2013, to adopt regulations requiring employers to keep registers of all persons employed under the age of 18 years, in conformity with Article 9(3) of the Convention, and to provide the information obtained by the employers further to the letter of intent and the regulations further adopted.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

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 1 of the Convention. National policy designed to ensure the effective abolition of child labour and practical application of the Convention. The Committee had previously noted the Government’s information that a National Policy for Children of Samoa (2010–15) which aims to alleviate poverty and provide protection to children through programmes and services to address the needs of children in difficult circumstances has been adopted. It had also noted the information, 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 the United Nations Development Programme indicated that due to recent job losses and 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). Moreover, the Committee had noted that 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 indication that the National Policy for Children deals with issues pertaining to street child vendors. It also notes from the Government’s report that the Ministry of Women Culture and Social Development who is the authority mandated to review the National Policy for Children has developed 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 notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that as per 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 Committee expresses the firm hope that the Child Care and Protection Bill will be adopted in the near future. It requests the Government to provide information on the measures taken within the framework of the National Policy for Children of Samoa as well as other initiatives, to protect children working as street vendors. The Committee also requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Samoa is available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work.

Article 7(1). Minimum age for admission to light work. In its previous comments, the Committee had noted section 32(1) of the Labour and Employment Act 1972 permits children under the age of 15 to engage in safe and light work suited to his or her capacity. It had also noted that the Education Act 2009 appears to allow children of compulsory school age to be engaged in some types of work which do not occur during school hours and which do not prevent or interfere with the child’s attendance at school, active participation in school activities or the child’s educational development. The Committee had observed, however, that there appeared to be no lower minimum age for engagement in such light work activities.

The Committee notes the Government’s indication that the Ministry of Labour will take the necessary measures to address this issue. The Committee expresses the firm hope that the Government will take the necessary measures to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years pursuant to Article 7(1) of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7(3). Determination of types of light work activities. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour will take the appropriate measures to determine the types of light work activities permitted to children between the ages of 13 and 15 years. Recalling once again that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken, the Committee hope that the Government will take the necessary measures to regulate light work activities as laid down in Article 7(3) of the Convention.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes that section 83(2)(a) of the Labour and Employment Relations Act of 2013 (LER Act of 2013) provides that regulations may be made requiring the keeping by employers of records concerning persons employed in their undertakings, and the form and contents of such records. Moreover, the Committee notes that section 16 of the LER Act of 2013 states that the Chief Executive Officer of the Ministry of Labour shall have the power to require an employer the production of books, registers or other documents relating to the employment of employees by him.

In this regard, the Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged pursuant to section 83(2)(a) of the LER Act of 2013, to adopt regulations requiring employers to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(3) of the Convention. Age of completion of compulsory education. In its previous comments, the Committee noted that section 20 of the Education Act 2009 prohibits arranging for a compulsory school-aged child to engage in street trading or to carry out other work of any kind during school hours. However, the Committee noted that pursuant to section 2 of the Education Act 2009, a compulsory school-aged child is defined as a person between 5 years and 14 years of age, who has not completed the eighth year of school. Noting that the age of completion of compulsory schooling (14 years) is less than the minimum age for admission to employment (15 years), the Committee requested the Government to consider raising the age of completion of compulsory schooling to 15 years of age so as to be in line with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146).

The Committee notes the Government’s statement that the provisions to raise the age of completion of compulsory schooling to 15 years will be incorporated in the Education Act after consultations with the Attorney General’s Office. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the age of completion of compulsory schooling is raised to 15 years which is the minimum age for admission to employment for Samoa. It requests the Government to provide information on any progress made in this regard.

Article 3(2). Determination of types of hazardous work. Following its previous comments, the Committee notes that according to section 83(2)(b) of the LER Act of 2013, regulations may be made to determine unhealthy, dangerous or onerous work and to indicate the minimum age for entry into employment in such work. Section 83(d) further provides for regulations protecting the health and safety of children. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work prohibited to children under 18 years of age 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 indicate the measures taken or envisaged to adopt regulations determining types of hazardous work prohibited to children under 18 years pursuant to section 83(2)(b)and (d) of the LER Act of 2013. It requests the Government to provide information on any progress made in this regard.

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.

CMNT_TITLE

Article 1 and Part V of the Convention. National policy designed to ensure the effective abolition of child labour and practical application of the Convention. The Committee had previously noted the Government’s information that a National Policy for Children of Samoa (2010–15) which aims to alleviate poverty and provide protection to children through programmes and services to address the needs of children in difficult circumstances has been adopted. It had also noted the information, 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 the United Nations Development Programme indicated that due to recent job losses and 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). Moreover, the Committee had noted that 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 indication that the National Policy for Children deals with issues pertaining to street child vendors. It also notes from the Government’s report that the Ministry of Women Culture and Social Development who is the authority mandated to review the National Policy for Children has developed 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 notes from the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that as per 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 Committee expresses the firm hope that the Child Care and Protection Bill will be adopted in the near future. It requests the Government to provide information on the measures taken within the framework of the National Policy for Children of Samoa as well as other initiatives, to protect children working as street vendors. The Committee also requests the Government to take the necessary measures to ensure that sufficient up-to-date data on the situation of working children in Samoa is available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work.

Article 7(1). Minimum age for admission to light work. In its previous comments, the Committee had noted section 32(1) of the Labour and Employment Act 1972 permits children under the age of 15 to engage in safe and light work suited to his or her capacity. It had also noted that the Education Act 2009 appears to allow children of compulsory school age to be engaged in some types of work which do not occur during school hours and which do not prevent or interfere with the child’s attendance at school, active participation in school activities or the child’s educational development. The Committee had observed, however, that there appeared to be no lower minimum age for engagement in such light work activities.

The Committee notes the Government’s indication that the Ministry of Labour will take the necessary measures to address this issue. The Committee expresses the firm hope that the Government will take the necessary measures to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years pursuant to Article 7(1) of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 7(3). Determination of types of light work activities. Following its previous comments, the Committee notes the Government’s indication that the Ministry of Labour will take the appropriate measures to determine the types of light work activities permitted to children between the ages of 13 and 15 years. Recalling once again that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken, the Committee hope that the Government will take the necessary measures to regulate light work activities as laid down in Article 7(3) of the Convention.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes that section 83(2)(a) of the Labour and Employment Relations Act of 2013 (LER Act of 2013) provides that regulations may be made requiring the keeping by employers of records concerning persons employed in their undertakings, and the form and contents of such records. Moreover, the Committee notes that section 16 of the LER Act of 2013 states that the Chief Executive Officer of the Ministry of Labour shall have the power to require an employer the production of books, registers or other documents relating to the employment of employees by him.

In this regard, the Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee therefore requests the Government to indicate the measures taken or envisaged pursuant to section 83(2)(a) of the LER Act of 2013, to adopt regulations requiring employers to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

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Article 2(3) of the Convention. Age of completion of compulsory education. In its previous comments, the Committee noted that section 20 of the Education Act 2009 prohibits arranging for a compulsory school-aged child to engage in street trading or to carry out other work of any kind during school hours. However, the Committee noted that pursuant to section 2 of the Education Act 2009, a compulsory school-aged child is defined as a person between 5 years and 14 years of age, who has not completed the eighth year of school. Noting that the age of completion of compulsory schooling (14 years) is less than the minimum age for admission to employment (15 years), the Committee requested the Government to consider raising the age of completion of compulsory schooling to 15 years of age so as to be in line with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146).

The Committee notes the Government’s statement that the provisions to raise the age of completion of compulsory schooling to 15 years will be incorporated in the Education Act after consultations with the Attorney General’s Office. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to ensure that the age of completion of compulsory schooling is raised to 15 years which is the minimum age for admission to employment for Samoa. It requests the Government to provide information on any progress made in this regard.

Article 3(1). Minimum age for admission to hazardous work. The Committee previously noted that the Labour and Employment Act 1972 appeared to prohibit employment with dangerous machinery or in any injurious occupation from the age of 15 years of age (section 32(2)). However, the Committee noted the information in the Government’s report that a new Labour and Employment Relations Bill was under development which would prohibit hazardous work under the age of 18 years, and requested the Government to ensure its adoption.

The Committee notes that the Labour and Employment Relations Act of 2013 (LER Act of 2013) has been adopted. The Committee notes with satisfaction that pursuant to section 51(2) of the LER Act of 2013, children under 18 years of age are prohibited 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 such child.

Article 3(2). Determination of types of hazardous work. Following its previous comments, the Committee notes that according to section 83(2)(b) of the LER Act of 2013, regulations may be made to determine unhealthy, dangerous or onerous work and to indicate the minimum age for entry into employment in such work. Section 83(d) further provides for regulations protecting the health and safety of children. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work prohibited to children under 18 years of age 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 indicate the measures taken or envisaged to adopt regulations determining types of hazardous work prohibited to children under 18 years pursuant to section 83(2)(b)and (d) of the LER Act of 2013. It requests the Government to provide information on any progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information in the Government’s report that a National Policy for Children of Samoa (2010–15) has been adopted. This National Policy aims to alleviate poverty and provide protection to children through programmes and services to address the needs of children in difficult circumstances. The Committee requests the Government to provide information on any measures taken or envisaged, within the framework of the National Policy for Children of Samoa, to ensure the effective abolition of child labour.

Article 2(1). Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified 15 years as the minimum age for admission to employment or work. In this regard, the Committee notes that section 32(1) of the Labour and Employment Act 1972 prohibits employing any child under the age of 15 years of age in any place of employment except in safe and light work suited to his or her capacity.

Article 2(3). Age of completion of compulsory education. The Committee notes that section 20 of the Education Act 2009 prohibits arranging for a compulsory school-aged child to engage in street trading or to carry out other work of any kind during school hours. However, the Committee notes that pursuant to section 2 of the Education Act 2009, a compulsory school-aged child is defined as a person between 5 years and 14 years of age, who has not completed the work of Year 8 of school.

The Committee considers that the requirement set out in Article 2(3) of the Convention is fulfilled, since the minimum age for employment (15 years) is not less than the age of completion of compulsory schooling (14 years). However, the Committee must emphasize the desirability of linking the age of completion of compulsory schooling with the minimum age for admission to work, as provided under Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before young persons are legally entitled to work, there may arise a vacuum which opens the door to the economic exploitation of children (see General Survey of 2012 on the fundamental Conventions, paragraph 371). Considering that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to consider raising the age of completion of compulsory schooling to 15 years of age, in line with the minimum age for admission to work. It requests the Government to provide information on any measures taken or envisaged in this regard.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that the Labour and Employment Act 1972 appears to only prohibit the employment on dangerous machinery or in any injurious occupation from the age of 15 years of age (pursuant to section 32(2)). However, the Committee notes the information in the Government’s report that a new Labour and Employment Relations Bill is under development. The Government indicates 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 the child. The Committee therefore requests the Government to take the necessary measures to ensure the adoption of the Labour and Employment Relations Bill to prohibit hazardous work from the age of 18 years of age, in conformity with Article 3(1) of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee notes an absence of information in the Government’s report concerning the development of a list of types of hazardous work prohibited to persons under 18 years of age. However, the Committee observes 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, and minimum ages of entry into employment in such work. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or 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 persons under 18 years.

Article 6. Apprenticeship. The Committee notes that pursuant to section 12 of the Apprenticeship Act 1972, the minimum age for entry to apprenticeships is 17 years of age. The Committee also notes that, pursuant to the Apprenticeship Act, entrance into apprenticeships is regulated by the Apprenticeship Council and that all contracts of apprenticeship shall be registered with this Council.

Article 7(1). Minimum age for admission to light work. The Committee notes that section 32(1) of the Labour and Employment Act 1972 permits children under the age of 15 to engage in safe and light work suited to his or her capacity. The Committee also notes that the Education Act 2009 appears to allow children of compulsory school age to be engaged in some types of work which do not occur during school hours and which do not prevent or interfere with the child’s attendance at school, active participation in school activities or the child’s educational development. However, the Committee notes that there appears to be no lower minimum age for engagement in such light work activities. In this regard, the Committee recalls that Article 7(1) of the Convention provides that national laws or regulations may permit children from the age of 13 to engage in light work. The Committee therefore requests the Government to take the necessary measures to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years. In this regard, the Committee encourages the Government to consider, within the review of the Labour and Employment Relations Bill, a provision providing for a minimum age of 13 for admission to light work activities.

Article 7(3). Determination of types of light work activities. The Committee notes an absence of information on any measures taken to determine the types of light work activities permitted to children between the ages of 13 and 15. Recalling that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken, the Committee requests the Government to take measures to determine the types of light work which are permitted.

Article 8. Artistic performances. The Committee notes the Government’s statement that no use is made of the exceptions permitted in Article 8 of the Convention.

Article 9(1). Penalties. The Committee notes that, pursuant to section 41(1) of the Labour and Employment Act 1972, an employer who enters into a contract contrary to any of the provisions of the Act, shall be liable for a fine not exceeding ten penalty units. The Committee also notes that this fine will be increased with the adoption of the Labour and Employment Relations Bill, as section 51 of this Bill states that an employer who enters into a contract contrary to any of the provisions of the Bill shall be liable for a fine not exceeding 50 penalty units. The Committee further notes that, pursuant to section 20 of the Education Act 2009, any person who engages a child of compulsory school age in work during school hours (or in work which could interfere with school activities) is liable to a fine not exceeding 100 penalty units in the case of a natural person, and in the case of a company or other entities, a fine not exceeding 500 penalty units. Section 21 of the Education Act 2009 stipulates that any carer of a compulsory school-aged child who permits the child to engage in such work is liable to a fine not exceeding 50 penalty units. Finally, the Committee notes that one penalty unit is equal to 100 Samoan tala (WST) (approximately US$43), pursuant to section 4 of the Fines (Review and Amendment) Act of 1998. The Committee requests the Government to provide information on the application of these penalties in cases of violations relating to the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes the statement in the Government’s report that there is currently no registration regarding the employment of children kept by the Ministry of Commerce, Industry and Labour. However, the Committee also notes that section 42(2)(a) of the Labour and Employment Act 1972 (and section 55(2)(a) of the Labour and Employment Relations Bill) provide that regulations may be made prescribing the keeping by employers of records concerning persons employed in their undertakings, and the form and contents of such records. Moreover, the Committee notes that section 13 of the Labour and Employment Relations Bill states that labour inspectors shall have the power to require the production of books, registers or other documents which are required to be kept pursuant to the Bill and its regulations.

In this regard, the Committee reminds the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations of the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer of persons whom he/she employs and who are less than 18 years of age. The Committee therefore requests the Government to take the necessary measures, pursuant to section 42(2)(a) of the Labour and Employment Act 1972 (or section 55(2)(a) of the Labour and Employment Relations Bill, once adopted), to adopt regulations requiring employers to keep registers of all persons employed under the age of 18, in conformity with Article 9(3) of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that there is no statistical data available at the Ministry of Commerce, Industry and Labour regarding the employment of children and young persons. However, the Committee also notes the Government’s statement that information regarding the employment of children is captured annually in the Labour and Employment Return collected by the Labour Market Division of this Ministry. The Committee further notes the information, 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 the United Nations Development Programme indicates that the due to recent job losses and 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). Moreover, the Committee notes that 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 therefore requests the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Samoa is available, including information on the number of children below the minimum age engaged in economic activity, and the nature, scope and trends of their work. It also requests the Government to provide this information, when it becomes available. To the extent possible, all information provided should be disaggregated by sex and by age.