Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
2016 should include a nursery that is separate to the main prison and which is
staffed by qualified medical staff, in line with Rule 23 (2) of the UN Minimum
Standards for the Treatment of Prisoners.
Recommendation 23: The Samoan Government, in relation to Oloamanu
Juvenile Centre and all juvenile detainees in Samoa generally should:
a) Implement a uniform induction process in line with Rule 27 United
Nations Rules for the Protection of Juvenile Deprived of their
Liberty.
b) Improve hygiene and sanitation, including resolving water supply
issues.
c) Improve access to health care services and maintain medical
records for each juvenile detainee.
d) Provide nursery facilities and separate accommodation for
mothers with babies and consider implementation of Rule 33 (3) of
the Bangkok Rules.
11.3
Labour
92.
A major concern of the NHRI is the emerging child labour issue at Oloamanu
Juvenile Centre which is a breach of Article 32 of the Convention as well as
the sections 43-46 of the Havana Rules.
93.
According to some detainees, they are required to work twice a day (morning
and evening) for more than 8 hours. Prison authorities refute this claim, stating
that detainees work no more than 6 hours a day. The detainees are required
to maintain a 300 acre taro plantation used to supply food for Samoa‘s other
prisons and other organizations such as government-run nursing homes
(Mapufagalele). During the inspection, there were reports that the head officer
expected a particular daily output from the plantation, and if he was
dissatisfied with the amount harvested, he would deny inmates their lunch
break and send them back to work during the heat of the day.112 Further,
detainees told the Inspection Team that at times they would be required to
work during scheduled breaks or when they were sick.
94.
Whilst the NHRI acknowledges the rehabilitative effects of manual work
(prison staff reported significantly reduced returned detainees working under
this system), and the discrepancy in accounts of the amount of work that is
undertaken each day, it remains concerned that the amount of work required
of detainees does not allow for educational or other rehabilitation programs.
Further, the NHRI views the current system to be a breach of section 45 of the
Havana Rules, as juvenile detainees receive no remuneration for the work
they perform at Oloamanu, unlike female detainees in Tafaigata who are able
to sell the goods they produce.
112
Office of the Ombudsman/National Human Rights Institution, Detention Centre Inspections Report,
June 2015, at page 23
30