International treaty obligations
Samoa is a member of theConstitutional protection
The Constitution of the Independent State of Samoa 1960 came into force in 1962 and provides for the protection of fundamental human rights such as: *The Office of the Ombudsman
Section 11 of the ''Komesina o Sulufaiga'' (Ombudsman) Act 1988 establishes theNational human rights mechanisms
While Samoa has no overarching human rights legislation or institution, there has been movement towards the creation of a Human Rights Commission ( HRC). In 2009, a joint ‘Samoa Declaration’ was agreed upon amongst several Pacific island states. The declaration emphasised the importance of national human rights institutions and encouraged states to establish such bodies. Samoa has undertaken a Law and Justice Sector Plan 2008-2012 which is intended to include the establishment of a HRC. Samoa reiterated its intention to do so in the UPR in 2011 and received recommendations that it initially be established within thePolitical participation
Electoral system
Women's rights in politics
The level of female participation inRight to vote
Since Samoa's independence in 1962, only ''matais'' (chiefs) were granted voting rights for various elections at both national and local level. Universal suffrage was introduced in 1991 which granted both women and men aged 21 years and over with voting rights. This was first executed in the 1991 elections.Political participation
An issue exists in regards to the under-representation of women in Parliament. Although there are no legal barriers at the national level, in practice women rarely obtain chief titles.Universal Periodic Review: Compilation: Samoa A/HRC/ WG.6/11/WSM/2 (2–13 May 2011), para 27, 41-41 Following the general election of 2006, four women became members of the 49-member Parliament. This represented 8.1% of the available seats.Millennium Development Goals, Samoa’s Second Progress Report, 2010 at p 6, 2Local level
Male ''matais'' dominate most of the decision-making in village councils. A limited number of female ''matais'' are a part of the village councils and women are gradually entering the village councils. There are 240 villages in Samoa with an average of 56 ''matais'' per village. ''Pulenu'u'' (village mayors) are elected by the village councils and are remunerated by the government. In 2011, five pulenu'u were women which equated 3 per cent of the total pulenu'u population. As for women in village councils, one woman out of 229 village council members was recorded in 1994. In 2011, an overall 10.5 per cent of chiefs were women and in the village councils, women made up the 36 per cent. Findings from research on women's participation in politics found that a low participation of women at the local level translates into the low population in national government.National level
Early evidence of women's representation in Parliament began in 1970 (see table below). Honorable Taulapapa Faimaala was the first woman Member of Parliament (MP) in Samoa and served two terms. She was a pioneer for Samoan women as she was also the first Deputy Speaker of the House in 1973 until 1976. Ten years later, her daughter Honorable Fiame Naomi Mata'afa was elected as an MP and is the longest standing woman in Parliament serving 30 years. In 1998, Fiame became the first female Cabinet Minister who has served as the Minister for Education, Women, Community and Social Development. At present, Fiame is the Minister of Justice and Courts Administration. Over the years there has been a notable increase of female candidates.There were 22 candidates in 1996 where 3 women were selected as cabinet members. Most recently in March 2016 elections, a record breaking total of 24 candidates came forward in which 4 were elected. In adherence to the 10 per cent quota codified in the Constitutional Amendment Act 2013, an additional woman will be added to Parliament due to the results of the elections. The following table indicates that despite the relatively low number of female ''matais'', some women have been successful in national politics.Limitations
Many academics have attempted to investigate the challenges women face entering politics at all levels. These include cultural and circumstantial barriers and lack of policy interventions which have been reported to bring hindrance to women obtaining support from the villages, traditional leadership knowledge, mentor assistance and political networking. * Cultural barriers about a women's place in political spheres in both community and Parliament level are one of the major factors influencing women participation and public life. Their primary traditional role was restricted to enhance and uphold family status. The historic methods of upholding their customary role was through producing the ''ie toga'' (fine mats) which were the most valuable currency in Samoan social, economic and political sphere. More so, women are referred to as ''"o le pae ma le auli''" or the shell and the iron referring to their role as peacemakers who resolve conflicts within their family which is still evident today. The traditional female roles and responsibilities to spouses and children were stated as barriers for many women to participate in politics. * Social perceptions of villages in Samoa view women as supporters, organizers and campaign managers for their spouse or male relatives who are decision makers or political candidates. * A need of education and training measures to challenge social attitudes about women and decision making are necessary remedies to assist women's perspectives. There is a lack of educational opportunities to help promote young women attitudes and self-belief as potential leaders or to introduce them to the concept of national politics. Women who are not exposed to the ''matai'' language and protocols during their upbringing will play a vital role into future roles in politics. In turn, does not provide women with the right resources and preparations to be involved in decision-making in ''matai'' council meetings. Such knowledge and meaningful contribution to village rules and governance acquires mentorship and education from active women politicians. * A lack of policy to initiate positive change to the low numbers of female participation was stated byPromoting women's representation
Ratification of certain treaties, legislation and establishment of a Ministry for Women are among many efforts that Samoa has taken to promote women roles and rights in politics.Ministry of Women, Community and Social Development
The Samoan government established the Ministry of Women's Affairs now referred to as the Ministry of Women, Community and Social Development (MWCSD). Its purpose according to the Ministry of Women's Affairs Amendment Act 1998 was to empower women to fulfill their role in society and in the workplace. A division of women has been established under the governance of MWCSD, to act as the "focal point" for the CEDAW that works in partnership with NGOs and other government departments.Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)
In September 1991, Samoa ratified the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) to provide a human rights framework based on gender equality. Samoa was the first Pacific Island Country to become a party to CEDAW. In execution of Samoa's commitment to CEDAW, it must submit a report on the legislative, judicial, administration or other measures which it has adapted to give effect to CEDAW. According toConstitution Amendment Act (2013)
In June 2013, in response to recommendations for policy interventions to address gender imbalance, the Samoan government ratified the Constitution Amendment Act (2013) (CAA). It established a 10 per cent quota system to reserve seats to women electoral candidates into the national legislative assembly. It guarantees women representation if there is less than five seats elected, up to five seats will be reserved for women and if there are only two, then the three women with the next highest number of votes will be granted seats. In adaptation of such constitutional mandate for female Parliamentarian seats, Samoa has become the first independent country in the Pacific to do so. The Prime Minister Honorable Tuilaepa Aiono Sailele Malielegaoi announced the Parliament's intention when seeking to implement the legislation:''"If we do not put in the necessary stipulation in our legislation one never knows whether in the next elections thereThe reception of the amendment has been both negative and positive. On the one hand, the amendment demonstrates a positive change for Samoa as it will improve women participation in Parliament. The Speaker of the Legislative Assembly referred to it as ''ill ILL may refer to: * ''I Love Lucy'', a landmark American television sitcom * Illorsuit Heliport (location identifier: ILL), a heliport in Illorsuit, Greenland * Institut Laue–Langevin, an internationally financed scientific facility * Interlibrar ...be absolutely no women in Parliament. So this is part of our intention to ensure that there shall always be women in Parliament."''
Women's Rights
Domestic violence
Employment rights
While women enjoy many of the same rights as men in terms of employment opportunities, there remain areas of discrimination. In 2007 it was reported that under national legislation women were restricted from undertaking night time work or manual labour that is deemed ‘unsuited to their physical capacity.’UNDP Pacific/UNIFEM, Translating CEDAW Into Law, CEDAW Legislative Compliance in Nine Pacific Island Countries, Suva, Fiji, 2007, p. 30Abortion
Abortion is only legal in Samoa if the mother's life or physical or mental health is at risk.Prison conditions
The prison conditions in Samoa, most notably the main prison at ''Tafaigata'', are of low quality and the Samoan government has recognised the need to remedy the situation. Prison facilities lack sufficient resources in regards to funding and the availability of trained personnel. SUNGO reported that a number of prisons failed to adequately provide a sufficient quantity of basic necessities such as water, food and basic sanitation. It has been noted that prison cells are holding large groups of prisoners beyond their capabilities. While the Office of theFreedom of Religion
Article 11 of the Constitution of SamoaThe Constitution of the Independent State of Samoa 1960 guarantees Freedom of Religion. The preamble to the 1960 Constitution enunciates Samoa as “an independent State based on Christian principles and Samoan custom and traditions”. The major issues concerning freedom of religion throughout the years gave rise to international criticism and international media coverage as well as legal battles. These issues stem from the inconsistencies in theory, including a clear definition of what religious freedom is, the interpretation of Article 11 and practices in the local level in villages.Background and social structure
Prior to its independence in 1962, Samoa underwent a lot of struggle through civil wars and the arrival of colonial powers in the 18th century further exacerbated the problem of tribal rivalry. This was because the rivalry between the colonists forced the indigenous groups to take sides creating further conflict between the indigenous people. Colonisation came in the form of missionaries and traders in the 1830s and the arrival of the missionaries brought Christianity. However, it also generated change to Samoa not only of its traditional beliefs but also its world viewpoint. Colonisation, eurocentrism and Christianity influenced Samoa tremendously; through westernisation of systems but also overtime; the erosion of traditional beliefs replaced by modernised Christian concept as well as corruption of thought. The quick succession and acceptance of Christianity concomitant with the fulfilment of the prophecy of the legendary warrior goddess Nafanua. “…foretelling that chief Malietoa would gain power from heaven”. Religion quickly became the core of Samoan life and the cornerstone of the villages. The three main denominations in Samoa are Congregational Christian Church, Methodist and Catholic since these were the first three arrived in Samoa, therefore the villages have a sense of loyalty to these three denominations giving rise to their dominance. Church ministers gain the highest prestige and in most villages; acquire the elite equivalent to the highest chief, with the villagers’ conviction that the true blessings from God is through subservient to the church. Almost all Samoans identify themselves as Christians.Saada AngelicaFreedom of Religion Versus Village Fono
The Constitution of Samoa Article 11 guarantees protection of freedom of religion. However, it has been under scrutiny with much heated debates for years, in its application versus the village fono bylaws. Although these rights are guaranteed; time and time again, violations of these rights are a norm in the local level with most incidents gone unreported; perhaps out of fear of reparations if they oppose the fono openly, or, the value of va-fealoa’i (relationships based on respect of age, gender, status) and so conformity and compliance out of respect for the fono is the usual individual response to rights violations. This is because almost all villages have agreed to the mainline denominations (CCC, Methodist, Catholic) to be the only denominations for the villagers to attend. In the village of Gataivai in Savai’i (Samoa's biggest island), Methodist is the only denomination allowed whereas in Satupa’itea in Savai’i also where Catholic is the only denomination permitted. But, in the cases that have made the media limelight, for example the village of Salamumu; where a new denomination was banned from holding bible studies in the village as Methodist is the only denomination allowed; four men of an evangelic church were hog-tied; carried to the public road and left there until rescued by a church minister who pleaded for the men's lives. The new church members’ houses were burnt by the village, their possession destroyed and members beaten including a pregnant woman. In the case of Sovita v Police, the defendants were chiefs and untitled men (taulele’a) of Salamumu village; who argued that they were acting on order and command from the decision made by the fono. The case of Mau Sefo & others v Attorney General, the village of Saipipi banished the plaintiffs from the village for executing bible studies and worship services other than the three (mainline denominations) sanctioned. Furthermore, in the case of Tariu Tuivaiti v Sila Faamalaga & Others, “the plaintiffs were banished from the village of Matautu Falelatai for failing to attend church”. While the Courts are ruling in favour of fundamental rights including freedom of religion under the Constitution, only a few cases make it to court. There are a number of reasons why people refrain from seeking legal remedies or advice. It is clear that at the village fono and on the local level, article 11 of the Constitution is hardly appreciated. The aforementioned issues between Christian denominations raises questions of “How religious are Samoans?” and “what Christian principles practised?” as Samoa claim to be a religious nation and these problems contradict the Constitution; of “Samoa is founded on God based on Christian principles and Samoan custom and tradition”. The survey by Angelica Saada titled ‘Samoa: A truly Religious Place? Views Towards Religion in Samoa’, is an endeavour to provide answers to a conflicting Constitution. The lawsuits and village bylaws prove that the individual rights are indeed unprotected. There is an immense gap between the Constitution and the village bylaws. The media also must be commended, because they bring these delicate issues into the public sphere. In the most publicized Salamumu 1998 incident opened discussions, and, the response to the citizens outcry and international denunciation sparked the Cabinet to set up a Commission of Inquiry in 2010 “…to inquire and report on the working of Article 11 of the Constitution of the Independent State of Samoa in relation to the right to freedom of religion”,. Nevertheless, critics must not shift the blame to the village fono, as the key to understanding is education. This is where the government is lacking. It is well enough to have guarantee on the protection of fundamental rights, but understanding on application of these rights on the local level have never been clear. It is the government's responsibility therefore to provide and facilitate discussion and education for the villages on how these rights can be protected and how they can be enhanced by the fono. Bryan Zoe, in her study on “Prosecution of Religious Minorities in Samoa: The Baha’i Struggle to Face a Common Problem”, provide a lot of insight into gaining understanding of the different beliefs and education in other religions other than Christianity.Bryan ZoeSamoa’s constitutional amendment and its international obligations
There is another dangerous issue lurking in Samoa's Constitution. In December 2016, a bill to amend the Constitution was introduced to Parliament and in 2017, the Constitutional Amendment passed. In the preamble, religious freedom was open to interpretation whereas the Constitutional Amendment now is more specific; and enshrined into law. It is now definite to: “Samoa is founded on God the Father, the Son, and the Holy Spirit”. While village bylaws are now more lenient to religious freedom of Christian individuals; due to a lot of negative publicity and criticism, they are still intolerant to religious freedom of minority non-Christian beliefs. The Constitution Amendment further suppress religious freedom of these communities. In the 2013 Samoa International Religious Freedom Report, it is clear that the vast majority of Samoa are unwilling to accept non-Christian beliefs let alone their religious freedom. Section 3 of the same report states; "Prominent societal leaders repeatedly emphasized in public that the country was Christian. Public discussion of religious issues sometimes included negative references to non-Christian religions". Although there are limitations to the freedom, there has never been any issues or conflicts from the non-Christian community like the Baha’i Faith and Islam; that would pose any threats to Christians in Samoa. Their principles in particular the Baha’i Faith, consist of universal peace, oneness, equality, the abolitions of religious, racial, political and patriotic prejudice; to name a few. These are the true attributes and values towards peace and harmony in any society. What is more critical is the role of the Samoan National Council of Churches as they put a lot of pressure on the government to ban non-Christian beliefs. Furthermore, the Samoa parliament is a one-party government and even more contradictory is the religious freedom issue and the mandate of the reigning party; the Human Rights Protection Party (HRPP). The new amendment not only threatens the core principles of democracy, it allows violation of religious freedom of non-Christian communities, a breach of International Covenant on Civil and Political Rights (ICCPR) in which Samoa acceded in 2008. Also, under democracy, wouldn't something so significant like amendment to a constitution be done through a citizens referendum? Part XI, General and Miscellaneous provision, Article 109(1) of the Samoa Constitutional, states: (1) “Any of the provisions of this Constitution may be amended or repealed by Act, and new provisions may be inserted in this Constitution by Act, if a bill for any such purpose is supported at its third reading by the votes of not less than two-thirds of the total Members of Parliament…”, this provision legitimises the Parliaments actions but further violates the citizens political rights. What is more concerning is there is no opposition party and so any Acts of Parliament would not be voted against unless it is a conscious vote. A Constitution amendment without a citizens' referendum is justifiable under the above provision. Religious freedom for the non-Christian minorities are not guaranteed under the New Constitution Amendment. Christians have the new amended Constitution to support and protect them (hence the National Council of Churches are calling to ban Islam from Samoa); whereas non-Christians will be challenged in courts. Imam Mohammed Bin Yahya raised another valid question: “Will the new amendment jeopardise Samoa’s relationships and aid from non-Christian countries like China and Japan?” Meanwhile, despite the Prime Minister saying that the amendment “would unlikely touch Article 11”, there is an international outcry and calls from scholars in Samoa and abroad with concern over the Samoa Constitution Amendment. In the Samoa Observer editorial 30/2/2016, Gatoaitele Savea Sano Malifa stated that “The aim of Prime Minister Tuilaepa’s Constitution Amendment is to declare the dominance of Christianity in Samoa”. Therefore, religious freedom of non-Christian minorities faces uncertainty under the amended Constitution and it appears that violation of fundamental human rights like freedom of religion will soon be lawful in Samoa.Disabled persons
Based on statistics from 2006, there are approximately 2100 persons living with disabilities in Samoa. There is no specific legislation protecting the rights of persons withRights of the child
The issue of child street vendors in Samoa has been acknowledged with growing concern. SUNGO submits that by allowing this issue to continue, Samoa is acting contrary its obligations under both the CRC in regards to the right to education and the convention of theSee also
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