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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Samoa (Ratification: 2008)

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.