United States Department of Labor

Samoa

Government Policies and Programs to Eliminate the Worst Forms of Child Labor

In July 2000, the Government of Samoa launched a draftNational Youth Policy 2000-2009, which prioritizes education and training,employment, and youth justice.[3818] In September 2000, the ADB approved a loan for USD 7 million to finance anEducation Sector Project in Samoa.[3819] The objectives of this project are to rehabilitate and expand 25 to 30 schools,develop curriculum, improve teachers’ skills and reform the public educationmanagement system.[3820] Various government agencies, the Samoan teachers’ association, tourism sectorbusinesses, and NGOs formed an action group on the commercial sexualexploitation of children in 1998.[3821]

Incidence and Nature of Child Labor

Statistics on the number of working children under the ageof 15 in Samoa are unavailable. However, children are found working in ruralareas where schools are not available in the sale of agricultural products atroadside stands.[3822] Children are also reported to work selling goods and food on the streets of thecapital city of Apia.[3823] There are no reports of bonded labor by children, but some children are forcedby family heads to work for their village, most frequently on village farms.[3824] There is no reliable information on the commercial sexual exploitation ofchildren in Samoa.

Education in Samoa is free and compulsory through 14 yearsof age.[3825] It is reported that education requirements are rarely enforced in rural areas.[3826] In 2000, the gross primary enrollment rate was 102.9 percent, and the netprimary enrollment rate was 97.0 percent.[3827] Primary school attendance rates are unavailable for Samoa. While enrollmentrates indicate a level of commitment to education, they do not always reflectchildren’s participation in school.[3828] In 1999, 84.4 percent of children enrolled in primary school reached grade 5.[3829]

Child Labor Laws and Enforcement

The Labor and Employment Act of 1972 sets the minimum age ofemployment at 15 years except in “safe and light” work.[3830] A child under the age of 15 is not permitted to work with dangerous machinery;under conditions that are likely to harm physical or moral health; or on avessel that is not under the personal charge of his or her parent or guardian.[3831] The Constitution prohibits forced or bonded labor.[3832] However, work or service that is required by Samoan custom or fulfills a“normal civic obligation” is not considered “forced labor” and is therefore notprohibited.[3833]

The Criminal Code makes prostitution and the procurement ofwomen and girls illegal in Samoa.[3834] The kidnapping of an individual with the intent to transport the individual outof the country or hold the individual for service is a crime and is punishableby up to 10 years imprisonment.[3835] In addition, it is against the law to abduct any child under the age of 16years, and to detain or take away any woman or girl with intent to cause her tohave sexual intercourse with any other person.[3836] The Commissioner of Labor is responsible for addressing complaints aboutillegal child labor.[3837] These complaints are referred to the Attorney General for enforcement.[3838]

The Government of Samoa is not a member of the ILO andtherefore is not eligible to ratify ILO Conventions pertaining to child labor.[3839]