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

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

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.