Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

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.