Child Labor and Forced Labor Reports
Samoa
Moderate Advancement
In 2022, Samoa made moderate advancement in efforts to eliminate the worst forms of child labor. In partnership with the International Labor Organization, the government conducted a Rapid Assessment Survey of Child Vendors, finding a 27 percent increase compared to the same study conducted in 2015. It also provided information on its labor law and criminal law enforcement efforts, including the number of labor inspectors, for the first time for inclusion in this report. However, although research is limited, there is evidence that children in Samoa are subjected to the worst forms of child labor, including in the production and trafficking of drugs. Children also engage in dangerous tasks in street work, including begging and vending. Samoa lacks laws that prohibit using, procuring, or offering children for illicit activities, including for the production and trafficking of drugs. Furthermore, as the minimum age for work of 15 is lower than the compulsory education age of 16, children in Samoa may be encouraged to leave school before the completion of compulsory education.
Table 1 provides key indicators on children’s work and education in Samoa. Data on some of these indicators are not available from the sources used in this report.
Children | Age | Percent |
Working (% and population) | 5 to 14 | 22.1 (Unavailable) |
Attending School (%) | 5 to 14 | 89.2 |
Combining Work and School (%) | 7 to 14 | 30.4 |
Primary Completion Rate (%) | 114.2 |
Source for primary completion rate: Data from 2021, published by UNESCO Institute for Statistics, 2023. (1)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 6 (MICS 6), 2019–2020. (2)
Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.
Sector/Industry | Activity |
---|---|
Agriculture | Farming and animal husbandry (3,4) |
Services | Domestic work (3,5) |
Street work, including begging, vending, and selling food, toiletries, garlands, and other products (3-9) | |
Garbage scavenging (3) | |
Categorical Worst Forms of Child Labor‡ | Use in illicit activities, including the production and trafficking of drugs (3) |
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
In partnership with the ILO, the government conducted a Rapid Assessment Survey of Child Vendors, finding a 27 percent increase compared to the same study conducted in 2015. (4) The 2015 study found 106 children working as vendors in the streets in Samoa, while the 2022 study found a total of 135 child street vendors. (3,10) Children who participate in street vending may work long hours, work late at night, be exposed to exhaust fumes, and have an increased risk of being hit by passing traffic. (3,11,12)
Samoa has ratified most key international conventions concerning child labor (Table 3).
Convention | Ratification |
ILO C. 138, Minimum Age | ✓ |
ILO C. 182, Worst Forms of Child Labor | ✓ |
UN CRC | ✓ |
UN CRC Optional Protocol on Armed Conflict | ✓ |
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography | ✓ |
Palermo Protocol on Trafficking in Persons |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Samoa’s legal framework to adequately protect children from the worst forms of child labor, including a failure to criminalize the use of children in illicit activities.
Standard | Meets International Standards | Age | Legislation |
---|---|---|---|
Minimum Age for Work | Yes | 15 | Article 51 of the Labor and Employment Relations Act (13) |
Minimum Age for Hazardous Work | Yes | 18 | Article 51 of the Labor and Employment Relations Act (13) |
Identification of Hazardous Occupations or Activities Prohibited for Children | Yes | Article 51 of the Labor and Employment Relations Act; Article 21 of the Labor and Employment Relations Regulations; Government of Samoa Public Notice on Hazardous Work for Children (13-15) | |
Prohibition of Forced Labor | No | Article 8 of the Constitution; Articles 2 and 18 of the Labor and Employment Relations Act; Section 157 of the Crimes Act (13,16,17) | |
Prohibition of Child Trafficking | Yes | Sections 155–157 of the Crimes Act (17) | |
Prohibition of Commercial Sexual Exploitation of Children | No | Sections 73, 74, 82, and 157 of the Crimes Act (17) | |
Prohibition of Using Children in Illicit Activities | No | ||
Minimum Age for Voluntary State Military Recruitment | N/A† | ||
Prohibition of Compulsory Recruitment of Children by (State) Military | N/A† | ||
Prohibition of Military Recruitment by Non-state Armed Groups | No | Article 8 of the International Criminal Court Act (18) | |
Compulsory Education Age | Yes | 16 | Article 2 (Section 2) of the Education Amendment Act (19) |
Free Public Education | No |
† Country has no standing military (18)
The Labor and Employment Relations Regulations permit children between ages 12 and 14 to engage in light work for a limited number of hours; however, they neither specify the conditions under which light work may be undertaken nor define the activities that are permitted. The types of hazardous work prohibited for children do not cover street work, including begging and vending. (7,13-15) As the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. The Education Amendment Act 2019 raised the compulsory education age to 16. (13) In addition, there is no free basic education for children in Samoa as established by law, increasing the risk of children’s involvement in child labor. (19,20)
Laws prohibiting forced labor are not sufficient because, while they do criminalize forced labor, they do not also criminalize slavery and practices similar to slavery or debt bondage. (13,16,17) Samoa does not meet the international standard for the prohibition of child commercial sexual exploitation because the Government of Samoa's Crimes Act does not protect children ages 16 to 18. (7,17) Research found no evidence of laws that ban using, procuring, or offering of children for illicit activities, including for the production and trafficking of drugs. (12,21) Samoa also does not meet the international standard for prohibiting non-state military recruitment because its International Criminal Court Act does not apply to children ages 15 to 18. (18)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5).
Organization/Agency | Role & Activities |
---|---|
Ministry of Commerce, Industry, and Labor (MCIL) | Enforces the Labor and Employment Relations Act, which includes investigating complaints of child labor law violations. (22,23) Refers cases to the Ministry of Police and the Office of the Attorney General for enforcement. (23) |
Ministry of Police, Prisons, and Corrections Services | Enforces criminal laws related to child labor. (11,23) |
Office of the Attorney General | Prosecutes criminal cases of the worst forms of child labor. (23) |
Labor Law Enforcement
In 2022, labor law enforcement agencies in Samoa appeared to function adequately in addressing child labor (Table 6).
Overview of Labor Law Enforcement | 2021 | 2022 |
---|---|---|
Labor Inspectorate Funding | Unknown (11) | $47,514 (4) |
Number of Labor Inspectors | Unknown (11) | 4 (4) |
Mechanism to Assess Civil Penalties | Yes (13,14) | Yes (13,14) |
Training for Labor Inspectors Provided | Yes (11,24) | Yes (4) |
Number of Labor Inspections Conducted at Worksite | Unknown (11) | 116 (4) |
Number of Child Labor Violations Found | Unknown (11) | 0 (4) |
Number of Child Labor Violations for Which Penalties Were Imposed | Unknown (11) | N/A |
Number of Child Labor Penalties Imposed that Were Collected | Unknown (11) | N/A |
Routine Inspections Conducted | Yes (11) | Yes (4) |
Routine Inspections Targeted | Unknown (11) | Yes (4) |
Unannounced Inspections Permitted | No (14) | No (14) |
Unannounced Inspections Conducted | N/A (11) | N/A (4) |
Complaint Mechanism Exists | Yes (11) | Yes (4) |
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services | Yes (11) | Yes (4) |
Criminal Law Enforcement
In 2022, the government's criminal law enforcement agencies appeared to function adequately in addressing child labor (Table 7).
Overview of Criminal Law Enforcement | 2021 | 2022 |
---|---|---|
Training for Criminal Investigators Provided | Yes (24) | Yes (4) |
Number of Investigations | Unknown (11) | 0 (4) |
Number of Prosecutions Initiated | Unknown (11) | 0 (4) |
Number of Convictions | Unknown (11) | N/A |
Imposed Penalties for Violations Related to the Worst Forms of Child Labor | Unknown (11) | N/A |
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services | Unknown (11) | Yes (4) |
The government has established mechanisms to coordinate its efforts to address child labor (Table 8).
Coordinating Body | Role & Activities |
---|---|
Child Labor Taskforce | Comprises MCIL; Ministry of Police, Prisons, and Corrections; Ministry of Women, Community, and Social Development (MWCSD); and Ministry of Education, Sports, and Culture. Aims to reduce the prevalence of child vendors in towns and cities through patrol sweeps and conducting outreach activities. (23) Formerly the Child Vending Task Force. (23) During the reporting period, the Child Labor Taskforce held three meetings focused on the 2022 Rapid Assessment Survey of Child Vendors. (4) |
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including mainstreaming child labor issues into relevant policies.
Policy | Description & Activities |
---|---|
National Child Care and Protection Policy (2020–2030) | Sets a strategic and high-level direction for child protection in Samoa. Led by MWCSD. (4) Includes policies to prevent, eliminate, and address all forms of child labor and child trafficking, as well as to regulate, monitor, and evaluate child labor in the formal and informal business and employment sectors. (25) During the reporting period, MWCSD implemented community awareness programs and facilitated the Inter-Agency Essential Services Guide on a range of social issues pertaining to children. (26) |
United Nations Pacific Strategy (2018–2022) | Addressed, developed, and implemented strategic economic development priorities in the South Pacific, including eliminating child labor and the worst forms of child labor. A multinational strategic framework program that consisted of 14 South Pacific nations. (27) Activities during the reporting period were conducted under the UNICEF Pacific Multi-Country Child Protection Program (2018–2022). (28,29) |
The government has not integrated child labor elimination and prevention strategies into the Strategy for the Development of Samoa or the Education Sector Plan (2019–2024), which detail the Government of Samoa's goals and key outcomes regarding education and development priorities. (30,31)
In 2022, the government funded and participated in programs that include the goal of eliminating or preventing child labor. (Table 10). However, gaps exist in these social programs, including inadequate programs to address the problem in all sectors.
Program | Description & Activities |
---|---|
UNICEF Pacific Multi-Country Child Protection Program (2018–2022) | $19 million, Government of Australia-funded, 4-year project implemented by UNICEF in 14 Pacific Island countries, aligned with the UN Pacific Strategy 2018–2022. Prioritizes children's rights including the elimination of the worst forms of child labor. (27,28) UNICEF has extended the program to 2023–2037, with approximately $27 million allocated for child protection programs, including programs focused on eliminating child labor. (32) |
The Samoa School Fee Grant Scheme and Government Grant to Mission and Public Schools† | Provide financial support to families to assist with ancillary school fees, supplies, and equipment that their children may need during the school year. (11,33) Both programs were active during the reporting period. (26) |
One Government Grant† | Provides direct financial support to Samoan primary and secondary public schools, mission and private schools, and primary schools for students with disabilities and special needs to offset fees normally charged to students. (34,35) The government allocated approximately $6.5 million for the One Government Grant in fiscal year 2022–2023. (26) |
For information about USDOL’s projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
† Program is funded by the Government of Samoa.
Although the government has implemented educational support programs, research found no evidence that it has carried out programs specifically designed to assist children engaged in street work, including vending.
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Samoa (Table 11).
Area | Suggested Action | Year(s) Suggested |
---|---|---|
Legal Framework | Ratify the Palermo Protocol on Trafficking in Persons. | 2017 – 2022 |
Establish by law free basic public education. | 2020 – 2022 | |
Ensure that the Labor and Employment Relations Regulations specify the conditions under which light work may be undertaken and define the activities that are permitted. | 2013 – 2022 | |
Ensure that the types of work that children perform in Samoa that include work for long hours and in an unhealthy environment, including street work, are prohibited for children under age 18. | 2022 | |
Raise the minimum age for work from 15 to 16 to align with the compulsory education age. | 2019 – 2022 | |
Ensure that the law criminally prohibits using, procuring, or offering of a child for illicit activities, including for the production and trafficking of drugs. | 2014 – 2022 | |
Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups. | 2016 – 2022 | |
Ensure that the law criminally prohibits commercial sexual exploitation of children ages 16 to 18. | 2018 – 2022 | |
Ensure that laws prohibiting forced labor criminalize slavery and practices similar to slavery or debt bondage. | 2021 – 2022 | |
Enforcement | Strengthen the inspection system by permitting and conducting unannounced inspections. | 2022 |
Government Policies | Integrate strategies to eliminate and prevent child labor into the Strategy for the Development of Samoa and the Education Sector Plan. | 2012 – 2022 |
Social Programs | Collect and publish data on the extent and nature of child labor in Samoa to inform policies and programs. | 2017 – 2022 |
Institute programs designed to address child labor in street work, including vending. | 2009 – 2022 |
- UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed: March 15, 2023. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
http://data.uis.unesco.org/ - ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Multiple Indicator Cluster Survey 6 (MICS 6), 2019–2020. Analysis received March 2023. Please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
- ILO. Report of the Rapid Assessment of Children Working on the Streets of Apia, Samoa: A Pilot Study. 2017.
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-suva/documents/publication/wcms_546199.pdf - U.S. Embassy- Apia. Reporting. January 13, 2023.
- ILO CEACR. Direct Request concerning the Minimum Age Convention, 1973 (No. 138) Samoa (ratification: 2008). 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:4057731:NO - ILO CEACR. Discussion concerning the Worst Forms of Child Labour Convention, 1999 (No. 182) Samoa (ratification: 2008). 2018.
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:3953294 - ILO CEACR. Observation concerning the Worst Forms of Child Labor Convention, 1999 (No. 182) Samoa (ratification: 2008). 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:4057789:NO - Hald, Fuimaono Lumepa. Child vendors increasing, getting younger: survey. Samoa Observer, July 17, 2022.
https://www.samoaobserver.ws/category/samoa/99089 - ILO. Report of the Rapid Assessment of Children Working on the Streets of Apia, Samoa: A Scoping Exercise. 2022.
https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-suva/documents/publication/wcms_546201.pdf - ILO, UNICEF, National University of Samoa, and Ministry of Commerce, Industry and Labour. 2022 Rapid Assessment Survey of Child Vendors in Samoa. 2022. Source on file.
- U.S. Embassy- Apia. Reporting. January 14, 2022.
- U.S. Department of State. Country Reports on Human Rights Practices- 2021: Samoa. Washington, D.C., April 12, 2022.
https://www.state.gov/wp-content/uploads/2022/02/313615_SAMOA-2021-HUMAN-RIGHTS-REPORT.pdf - Government of Samoa. Labour and Employment Relations Act, No. 7. Enacted: 2013.
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/93575/109439/F88586476/WSM93575 Eng.pdf - Government of Samoa. Labour and Employment Relations Regulations. Enacted: 2015. Source on file.
- Government of Samoa. Public Notice: Employing a Child Age 18 and Under Hazardous Conditions. August 22, 2017.
https://www.mcil.gov.ws/wp-content/uploads/2017/08/Public_Notice_Dangerous_Work.pdf - Government of Samoa. Constitution of the Independent State of Samoa. Enacted: 1960.
https://wipolex.wipo.int/en/legislation/details/7787 - Government of Samoa. Crimes Act, No. 10. Enacted: 2013.
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/93579/124323/F-1523655815/WSM93579 2015.pdf - Government of Samoa. International Criminal Court, No. 26. Enacted: 2007.
https://iccdb.hrlc.net/documents/implementations/pdf/Samoa_ICC_Act_2007.pdf - Government of Samoa. Education Amendment Act 2019. 2019.
- Government of Samoa. Education Act 2009. Enacted: 2009.
http://www.paclii.org/ws/legis/num_act/ea2009104/ - ILO CEACR. Direct Request concerning the Worst Forms of Child Labor Convention, 1999 (No. 182) Samoa (ratification: 2008). 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:4057786:NO - Government of Samoa. MCIL Our Legislation. Accessed February 19, 2020.
https://www.mcil.gov.ws/about/our-legislation/ - U.S. Embassy- Apia official. E-mail communication to USDOL official. July 1, 2020.
- U.S. Embassy- Apia official. E-mail communication to USDOL official. February 17, 2022.
- Government of Samoa, Ministry of Women, Community, and Social Development. Samoa National Child Care and Protection Policy 2020–2030. Enacted: May 2020.
https://drive.google.com/file/d/1UPeadbeX48nVob7Kihpyi6np-8CnNsVq/view - U.S. Embassy- Apia official. E-mail communication to USDOL official. March 7, 2023.
- UN. United Nations Pacific Strategy 2018–2022: A Multi-Country Sustainable Development Framework in the Pacific Region. 2017.
https://unsdg.un.org/download/1740/16580 - UN. Strategy Note for the 2018–2022 Pacific Multi-Country Programme of Cooperation. New York: October 10, 2017. Source on file.
- UNICEF. UNICEF Pacific Islands Multi-Country Programme Annual Report 2022. Published: 2023.
https://www.unicef.org/media/136306/file/Pacific-Islands-2022-COAR.pdf - U.S. Embassy- Apia. Reporting. February 19, 2021.
- Government of Samoa. Press Release: Launch of the Education Sector Plan 2019 – 2024. February 5, 2020.
https://mesc.gov.ws/press-release-launch-of-the-education-sector-plan-2019-2024/ - UNICEF. Child Protection Programme Brief. Suva: UNICEF Pacific Multi Country Office, November 2022.
https://www.unicef.org/pacificislands/media/3716/file/Child Protection Programme Brief.pdf - U.S. Department of State official. E-mail communication to USDOL official. January 22, 2019.
- U.S. Embassy- Apia official. E-mail communication to USDOL official. July 10, 2019.
- Fruean, Adel. Private schools get $14 m Govt. help. Samoa Observer, January 13, 2019.
https://www.samoaobserver.ws/category/samoa/5356
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