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

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

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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.