Office of the Ombudsman, Samoa‘s National Human Rights Institution Submission to the Committee on the Rights of the Child – September 2015 10 Economic exploitation 75. Samoa has achieved many of the recommendations relating to economic exploitation of children since its last CRC periodic review in 2006. For instance, it passed the Education Act 2009, which regulates the employment of school-aged children; it became a member of the International Labour Organization (ILO); and it ratified all 8 fundamental ILO Conventions, including the Worst Forms of Child Labour.91 76. Furthermore, Samoa advanced its efforts in eliminating the worst forms of child labour when it enacted the Labour and Employment Relations Act 2013. The passing of the Act ensured that the minimum age for hazardous work was raised to 18. Also, in order to ensure that there is effective implementation of this provision, The Samoan Government has begun developing a list of hazardous occupations in which children under the age of 18 must not be employed (e.g. work that includes the use of pesticides, asbestos etc.). 77. However, a common issue the Survey identified is the need to address the issue of children street vendors. According to the Education Act 2009, compulsory school aged children92 are not to engage in street trading, or any other work of any kind, during school hours.93 Further, the Act sets up enforcement measures through the ‗attendance officers‘ comprised of Sui o Nuu (village representative), school committees, and police officers.94 Despite these strong measures to combat this form of child labour, enforcement is weak and children are still seen engaging in street vending during school hours.95 The issue here is to unpack why child street vending is still a challenge despite the regulatory efforts to prevent it. 78. Article 32 of the Convention provides that a child has the right to be protected from economic exploitation that can interfere with the child's education. Child labour is largely driven by vulnerabilities caused by poverty and deprivation.96 When children are unable to go to school because they are forced by their families to sell goods, they lose out on the ability to improve their future prospects and it continues the cycle of poverty. A significant emotional and mental burden is placed upon children when they take on financial 91 The eight fundamental Conventions of the ILO are Freedom of Association and Protection of the Right to Organise Convention, Right to Organise and Collective Bargaining Convention, Forced Labour Convention, Abolition of Forced Labour Convention, Minimum Age Convention, Worst Forms of Child Labour Convention, Equal Remuneration Convention and Discrimination (Employment and Occupation) Convention. Entry into force: 19 Nov 2000; http://www.ilo.org/global/standards/introduction-to-international-labour-standards/conventions-andrecommendations/lang--en/index.htm. 92 Education Act 2009, s 20 (applies to children between ages 5 and 14). 93 Education Act 2009, s 20. This extends to any other time if the work prevents or interferes with the child‘s attendance or participation in school. 94 Education Act 2009, s 15 to 16. 95 UNICEF, A situational analysis of children, women and youth, available at: http://www.unicef.org/pacificislands/ Samoa_sitan.pdf [accessed 25 June 2015] at 45. 96 UNICEF, Child Labour and UNICEF in Action: Children at the Centre, available at: http://www.unicef.org/protection/ files/Child_Labour_and_UNICEF_in_Action.pdf [accessed 15 June 2015] at 9. 25