Samoa

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

In September 2000, the Asian Development Bank approved a loan for USD 7 million to finance an Education Sector Project in Samoa.[2218]  The objectives of this project are to rehabilitate and expand 25 to 30 schools, develop the curriculum, and improve teachers’ skills.[2219]

Incidence and Nature of Child Labor

Statistics on the number of working children under the age of 15 in Samoa are unavailable.  However, child labor is often seen in rural areas where schools are not available and is thought to be concentrated in the sale of agricultural products at road-side stands.[2220]  Children are also reported to work selling goods and food on the streets of the capital city of Apia.[2221]  There are no reports of bonded labor by children, but some children are forced by community leaders to work for their village, most frequently on village farms.[2222] 

Education in Samoa is compulsory through age 16.[2223]  The duration of compulsory education is eight years.[2224]  It is reported, however, that these requirements are rarely enforced in rural areas.[2225]  Primary and secondary education is free, although additional expenses for books and transportation are paid by families.[2226]  In 1996, the gross primary enrollment rate was 100.3 percent, and the net primary enrollment rate was 96.5 percent.[2227]  Primary school attendance rates are unavailable for Samoa.  While enrollment rates indicate a level of commitment to education, they do not always reflect children’s participation in school.[2228] 

Child Labor Laws and Enforcement

The Labor and Employment Act of 1972 sets the minimum age of employment at 15 years except in “safe and light” work.[2229]  A child under the age of 15 is not permitted to work under conditions that are likely to harm physical or moral health or to work on a vessel that is not under the personal charge of his or her parent or guardian.[2230]  The Constitution of Samoa prohibits forced or bonded labor, including labor by children.[2231]  However, work or service that is required by Samoan custom or fulfills a “normal civic obligation” is not considered “forced labor” and is therefore not prohibited.[2232]  Community leaders may compel residents, including minors, to perform work for the village.[2233] 

The Criminal Code makes the prostitution of persons illegal in Samoa, and the law protects both adults and children.[2234]  The sexual exploitation of females is a criminal offense, and the maximum penalty is higher for assault on younger victims.[2235]  Boys under the age of 16 are protected from indecent assault by male adults.[2236]  The abduction of an individual with the intent to transport the individual out of Samoa is a crime and is punishable by up to 10 years imprisonment.[2237]  In addition, it is against the law to abduct a child under the age of 16 regardless of whether the intent to transport the child out of Samoa is present.[2238]  The Commissioner of Labor is responsible for addressing complaints about illegal child labor.[2239]These complaints are referred to the Attorney General for enforcement.[2240]

Samoa is not a member of the ILO and therefore has not ratified ILO Conventions pertaining to child labor.[2241]