Country profile WSM
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2020 | 5-17 | 14.9 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 10.8 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 13 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2020 | 5-17 | 16 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2020 | 5-17 | 11.4 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2020 | 5-17 | 13.9 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | No information | C182 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | No information |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2013-04-05 | C182 | Crimes Act - Articles 73, 74, 82 | [{"link_name":"Crimes Act","source_link":"https://sherloc.unodc.org/cld/uploads/res/document/wsm/2013/crimes_act_2013_html/Samoa_Crimes_Act_2013.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 73: Solicitation-(1) A person is liable to imprisonment for a term not exceeding five (5) years who offers or agrees to pay or reward monies to another person for sexual intercourse or sexual connection. (2) Despite anything in subsection (1), no male shall be convicted under this section in respect of any sexual intercourse or sexual connection with his wife; Article 74. Living on earnings of prostitution - A person is liable to imprisonment for a term not exceeding 10 years who knowingly: (a) lives wholly or in part on the earnings of the prostitution of another person; or (b) solicits for any prostitute, whether or not the person receives any payment, reward or valuable consideration for so doing; Article 82. Publication, distribution or exhibition of indecent material on child-(1) A person is liable to imprisonment for a term not exceeding seven (7) years who without lawful justification who does any of the following: (a) sells, or delivers by way of hire, or has in his or |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | N/A | C182 | N/A | [{"link_name":"N/A","source_link":"No information"}] | N/A | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Samoa has no standing military. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2013-04-035 | C182 | Crimes Act - Article 155 | [{"link_name":"Crimes Act","source_link":"https://sherloc.unodc.org/cld/uploads/res/document/wsm/2013/crimes_act_2013_html/Samoa_Crimes_Act_2013.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 155: Trafficking in people by means of coercion or deception-(1) A person is liable to imprisonment for a term not exceeding 14 years who: (a) arranges the entry of a person into Samoa or any other country by one (1) or more acts of coercion against the person, one (1) or more acts of deception of the person, or both; or (b) arranges, organises, or procures the reception, concealment, or harbouring in Samoa or any other country of a person, knowing that the person’s entry into Samoa or that other country was arranged by one (1) or more acts of coercion against the person, one (1) or more acts of deception of the person, or both. (2) Proceedings may be brought under this section even if the person coerced or deceived: (a) did not in fact enter the state concerned; or (as the case may be); (b) was not in fact received, concealed, or harboured in the state concerned. (3) Proceedings may be brought under this section even if parts of the process by which the person coerced or dec |
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4369154,103295"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In an Observation published in 2024, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) 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, thus implying that such law is still to be adopted. |
| Minimum age for hazardous work | 2013-04-05 | C138 & C182 | Labour and Employment Relations Act - Article. 51 | [{"link_name":"Labour and Employment Relations Act","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/93575/WSM93575%20Eng.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article: 51. Employment of children (1) A person must not employ a child under the age of 15 years of age 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 CEO. (2) A person must not employ a child 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. (3) A person must not employ a child under the age of 15 years as an employee upon a vessel unless such vessel is under the personal charge of the parent or guardian of the child. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | No information |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2019-01-31 ; 2014-04-05 | C138 | Education Amendment Act - Section 2 ; Labour and Employment Relations Act - Section 51(1) | [{"link_name":"-Education Amendment Act","source_link":"https://media.unesco.org/sites/default/files/webform/r2e002/d2d2000feed82b0e1359809c11da9c5873750b1a.pdf"},{"link_name":"-Labour and Employment Relations Act of 2013 (LER Act of 2013)","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/93575/WSM93575%20Eng.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID%2CP13100_COUNTRY_ID:4057734%2C103295"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Section 2 raised the age of completion of compulsory schooling from 14 years to 16 years of age. The Committee 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. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4057734,103295"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | According to the ILO CEACR Observation on Convention 138, 2020, The Committee notes the Government’s indication concerning the revision of the list of light work under the ongoing 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. |
| Minimum age for light work | 2013-04-05 ; 2016-11-18 | C138 | Labour and Employment Relations Act - Section 32(1) ; Labour and Employment Relations Regulations of 2016 - Section 22 | [{"link_name":"-Labour and Employment Relations Act","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/93575/WSM93575%20Eng.pdf"},{"link_name":"-Labour and Employment Relations Regulations of 2016","source_link":"https://samoachamber.ws/wp-content/uploads/2022/10/Labour-and-Employment-Relations-Regulations-2016.pdf"}] | 12 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | 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. 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. |
| Minimum age for admission to work | 2013-04-05 | C138 | Labour and Employment Relations Act - Article 51 | [{"link_name":"Labour and Employment Relations Act","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/93575/WSM93575%20Eng.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article: 51. Employment of children (1) A person must not employ a child under the age of 15 years of age 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 CEO. (2) A person must not employ a child 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. (3) A person must not employ a child under the age of 15 years as an employee upon a vessel unless such vessel is under the personal charge of the parent or guardian of the child. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 30-JUN-2008 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 29-OCT-2008 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Samoa is a Pathfinder Country of the Alliance 8.7, a global partnership committed to eradicating forced labour, modern slavery, human trafficking, and child labour. As part of this initiative, Samoa has initiated the development of a comprehensive roadmap towards achieving Sustainable Development Goal (SDG) 8.7. This roadmap outlines the strategic objectives and actions necessary to make significant progress in these areas. The main objectives of Samoa's roadmap are: 1.Strengthened Legal and Policy Framework 2.Strengthen Community Engagement with Families and Children Identified as Involved in Hazardous Street Vending/Vulnerable 3.Enhance Data Collection and Regular Reporting Systems | [{"link_name":"SDG 8.7 Roadmap","source_link":"https://www.alliance87.org/sites/default/files/2024-03/Samoa%20Roadmap%202024-2027%20pdf.pdf"}] | 2024-2027 | SDG 8.7 Roadmap | The Ministry of Commerce, Industry and Labour (MCIL) holds the mandate over the roadmap in Samoa, providing secretariat support, coordinating meetings, and preparing progress reports for the Child Labour Taskforce and Samoa National Tripartite Forum (SNTF), with the SNTF offering strategic guidance and reporting to the Minister of Labour and Cabinet |
| In its Direct Request (CEACR) - adopted 2023 on the Minimum Age Convention, 1973 (No. 138) 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. | [{"link_name":"CEACR Direct Requets","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4369131,103295"}] | 2020-2030 | National Child Care and Protection Policy | Ministry of Women, Community and Social Development (MWCSD) |