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

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