Human rights in Samoa
Encyclopedia
Samoa
, formally the Independent State of Samoa
, has a population of approximately 188,000 people. Samoa gained independence from New Zealand
in 1962 and has a Westminster model of parliamentary democracy which incorporates aspects of traditional practices. The Human Rights Protection Party (HRPP
) is currently in government and has been so for over 20 years.
While the Constitution of the Independent State of Samoa
provides for the protection of certain fundamental human rights, there continue to be several major issues. Major areas of concern include the under-representation of women, domestic violence and poor prison conditions.
Reports issued under the auspices of the United Nations
have noted that societal attitudes towards human rights tend to be sceptical, this is contributed to concern that that enforcement of such rights will be at the detriment of Samoan customs and tradition.
and has also ratified the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW
), the Convention on the Rights of the Child (CRC
), the International Covenant on Civil and Political Rights (ICCPR
), the Rome Statute of the International Criminal Court (ICC
) and the eight fundamental conventions of the International Labour Organization (ILO
). In 2007 Samoa signed, yet did not ratify, the International Convention for the Protection of All Persons from Enforced Disappearance (CPPED
).
Due to limited resources, Samoa has previously failed to issue reports within the designated time frames of the conventions. For example, Samoa submitted its initial, second and third periodic reports under CEDAW
as one document in May 2003 when they were due in 1993, 1997 and 2001 respectively.
Concern has been expressed in regard to Samoa’s limited incorporation of treaty obligations into its national law. For example, in 2005 CEDAW
voiced concern over the lack of a time frame for reform of domestic legislation in conformity with the convention.
In response to recommendations, Samoa issued a standing invitation to all United Nations Special Procedures Mandate Holders in 2011.
1960 came into force in 1962, it provides for the protection of fundamental human rights such as:
While freedom from discrimination is provided for in regards to descent, sex, language, religion, political or other opinion, social origin, place of birth and family status there is no protection from discrimination on the basis of disability or sexual orientation.
A noteworthy omission from the constitution is the right to be free from torture
.
as an independent body authorised to investigate complaints concerning the actions of governmental authorities within the public sector.
In Samoa’s 2011 Universal Periodic Review (UPR), the Samoa Umbrella for Non-Governmental Organisations (SUNGO) was concerned that the office lacked accessibility due to minimal public awareness of the office’s functions and it’s limitation to the public sector.
).
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 the Office of the Ombudsman
.
was achieved in 1991 for all Samoan citizens aged 21 years and over.
Samoan tradition is incorporated into the electoral system. Through consensus, a single person is nominated as the chief (Maitai
) of each village and only those with a chieftain title may then stand for election of the 47 Samoan seats. Two seats are reserved for non-Samoans.
SUNGO has recommended that the electoral system be altered so as to allow any citizen to stand for election rather than restricting to only those nominated by the village.
This low representation is thought to be influenced by socio-cultural attitudes. Some villages do not allow women to possess chieftain titles, while others such as Malie
, Letogo
, Tanugamanono
and Saleimoa
restrict female cheiftain by prohibiting their participation in village councils. This reduces their ability to obtain village consensus of their candidacy.
against women remains a prominent issue in Samoa as recognised by its government and CEDAW
. While rape
is illegalised, there is no legal prohibition of spousal rape.
Accurate statistics are difficult to obtain as often cases are not reported or recorded due to societal attitudes that discourage this. Altering such perspectives is identified as important in combating this problem. However, there has been a rise in the number of cases reported in recent years. This increase has been attributed to governmental departments and non-governmental organisations (NGO’s
) in implementing programmes that have created greater awareness of the issue and encouraged reporting.
Samoa has established measures to aid in combating this problem such as:
which prohibits discrimination in employment.
While the Office of the Ombudsman
is authorised to receive complaints from prisoners, this avenue has not yet been utilised. Under the Law and Justice Sector Plan, the government is reviewing the Prison Act 1967 and drafting legislation to move responsibility for the review of prisons away from the Ministry of Police and establish it within an independent authority.
and nor is it a basis for freedom from discrimination in Samoa’s constitution. Samoa is not a party to the Convention on the Rights of Persons with Disabilities (CRPD
) yet has indicated that they would consider acceding to it.
Samoa has set up a National Disabilities Taskforce which constructs programmes that provide assistance to persons with disabilities. This is guided by the National Policy and National Plan of Action for Persons with Disabilities set up in 2009.
in Samoa has been acknowledged with growing concern. SUNGO has submitted that in 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 the ILO
in regards to freedom from exploitative labour.
Reports suggest that issues of poverty and hardship contribute to the existence of child street vendors. Samoa has a National Policy for Children 2010-2015 which is aimed at alleviating poverty and providing protection to children through programmes and services.
Samoa
Samoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...
, formally the Independent State of Samoa
Samoa
Samoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...
, has a population of approximately 188,000 people. Samoa gained independence from New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
in 1962 and has a Westminster model of parliamentary democracy which incorporates aspects of traditional practices. The Human Rights Protection Party (HRPP
Human Rights Protection Party
The Human Rights Protection Party is a Samoan political party. It has been the dominant party in Samoan politics since 1982.The party was co-founded in May 1979 by Va'ai Kolone and Tofilau Eti Alesana in opposition to the government of Tupuola Efi...
) is currently in government and has been so for over 20 years.
While the Constitution of the Independent State of Samoa
Constitution of Samoa
The Constitution of Samoa is the supreme law under which the Samoan Government operates.The 1960 Constitution, which formally came into force with independence from New Zealand in 1962, is based on the British pattern of parliamentary democracy, modified to take account of Samoan customs.In July...
provides for the protection of certain fundamental human rights, there continue to be several major issues. Major areas of concern include the under-representation of women, domestic violence and poor prison conditions.
Reports issued under the auspices of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
have noted that societal attitudes towards human rights tend to be sceptical, this is contributed to concern that that enforcement of such rights will be at the detriment of Samoan customs and tradition.
International treaty obligations
Samoa is a member of the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and has also ratified the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
), the Convention on the Rights of the Child (CRC
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
), the International Covenant on Civil and Political Rights (ICCPR
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
), the Rome Statute of the International Criminal Court (ICC
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
) and the eight fundamental conventions of the International Labour Organization (ILO
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
). In 2007 Samoa signed, yet did not ratify, the International Convention for the Protection of All Persons from Enforced Disappearance (CPPED
International Convention for the Protection of All Persons from Enforced Disappearance
The International Convention for the Protection of All Persons from Enforced Disappearance is an international human rights instrument of the United Nations and intended to prevent forced disappearance defined in international law, crimes against humanity. The text was adopted by the United...
).
Due to limited resources, Samoa has previously failed to issue reports within the designated time frames of the conventions. For example, Samoa submitted its initial, second and third periodic reports under CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
as one document in May 2003 when they were due in 1993, 1997 and 2001 respectively.
Concern has been expressed in regard to Samoa’s limited incorporation of treaty obligations into its national law. For example, in 2005 CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
voiced concern over the lack of a time frame for reform of domestic legislation in conformity with the convention.
In response to recommendations, Samoa issued a standing invitation to all United Nations Special Procedures Mandate Holders in 2011.
Constitutional protection
The Constitution of the Independent State of SamoaConstitution of Samoa
The Constitution of Samoa is the supreme law under which the Samoan Government operates.The 1960 Constitution, which formally came into force with independence from New Zealand in 1962, is based on the British pattern of parliamentary democracy, modified to take account of Samoan customs.In July...
1960 came into force in 1962, it provides for the protection of fundamental human rights such as:
- Right to lifeRight to lifeRight to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
(section 5) - Right to personal liberty (section 6)
- Freedom from inhuman treatment (section 7)
- Freedom from forced labourUnfree labourUnfree labour includes all forms of slavery as well as all other related institutions .-Payment for unfree labour:If payment occurs, it may be in one or more of the following forms:...
(section 8) - Right to fair trialRight to a fair trialThe right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
and due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
(sections 9,10) - Freedom of religionFreedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
(sections 11,12) - Rights regarding freedom of speechFreedom of speechFreedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, assemblyFreedom of assemblyFreedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
, associationFreedom of associationFreedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
, movementFreedom of movementFreedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect...
and residence (section 13) - Property rights (section 14)
- Freedom from discriminatory legislation (section 15)
While freedom from discrimination is provided for in regards to descent, sex, language, religion, political or other opinion, social origin, place of birth and family status there is no protection from discrimination on the basis of disability or sexual orientation.
A noteworthy omission from the constitution is the right to be free from torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
.
The Office of the Ombudsman
Section 11 of the Komesina o Sulufaiga (Ombudsman) Act 1988 establishes the Office of the OmbudsmanOmbudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
as an independent body authorised to investigate complaints concerning the actions of governmental authorities within the public sector.
In Samoa’s 2011 Universal Periodic Review (UPR), the Samoa Umbrella for Non-Governmental Organisations (SUNGO) was concerned that the office lacked accessibility due to minimal public awareness of the office’s functions and it’s limitation to the public sector.
National 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 (HRCHuman rights commission
A Human Rights Commission is a body set up to investigate, promote or protect human rights.The term may refer to international, national or subnational bodies set up for this purpose, such as national human rights institutions or truth and reconciliation commissions.-International Human Rights...
).
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
Human rights commission
A Human Rights Commission is a body set up to investigate, promote or protect human rights.The term may refer to international, national or subnational bodies set up for this purpose, such as national human rights institutions or truth and reconciliation commissions.-International Human Rights...
. Samoa reiterated its intention to do so in the UPR in 2011 and received recommendations that it initially be established within the Office of the Ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
.
Electoral system
Universal suffrageUniversal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
was achieved in 1991 for all Samoan citizens aged 21 years and over.
Samoan tradition is incorporated into the electoral system. Through consensus, a single person is nominated as the chief (Maitai
Fa'amatai
Fa'amatai is the chiefly system of Samoa, central to the organization of Samoan society.It is the traditional indigenous form of governance in the Samoa Islands, comprising American Samoa and the Independent State of Samoa...
) of each village and only those with a chieftain title may then stand for election of the 47 Samoan seats. Two seats are reserved for non-Samoans.
SUNGO has recommended that the electoral system be altered so as to allow any citizen to stand for election rather than restricting to only those nominated by the village.
Participation of women
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 chieftain titles. Following the general election of 2006, four women became members of the 49 member parliament. This represented 8.1% of the available seats.This low representation is thought to be influenced by socio-cultural attitudes. Some villages do not allow women to possess chieftain titles, while others such as Malie
Malie
Malie is a village on the island of Upolu in Samoa. It is located on the north coast in the Electoral Constituency of Sagaga Le Usoga which forms part of the larger political district of Tuamasaga....
, Letogo
Letogo
Letogo is a village on the central north coast of Upolu island in Samoa.Letogo is situated east of the capital Apia.The village is part of the electoral constituency Vaimauga East which forms part of the larger political district of Tuamasaga.The population of Letogo is 559 .Tuliaupupu is the High...
, Tanugamanono
Tanugamanono
Tanugamanono is a village on the island of Upolu in Samoa. It is situated on the north central side of the island near the country's capital Apia. The village is in the political district of Tuamasaga.The population is 699 .-References:...
and Saleimoa
Saleimoa
Saleimoa is a small village on the Samoan island of Upolu. It is located on the northwestern coast of the island....
restrict female cheiftain by prohibiting their participation in village councils. This reduces their ability to obtain village consensus of their candidacy.
Domestic violence
Domestic violenceDomestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
against women remains a prominent issue in Samoa as recognised by its government and CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
. While rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
is illegalised, there is no legal prohibition of spousal rape.
Accurate statistics are difficult to obtain as often cases are not reported or recorded due to societal attitudes that discourage this. Altering such perspectives is identified as important in combating this problem. However, there has been a rise in the number of cases reported in recent years. This increase has been attributed to governmental departments and non-governmental organisations (NGO’s
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
) in implementing programmes that have created greater awareness of the issue and encouraged reporting.
Samoa has established measures to aid in combating this problem such as:
- A National Plan of Action for the Advancement of Women (2008–2012) which outlines a strategic approach for the advancement of women’s rights.
- The Ministry of Women, Community and Social Development (MWCSD) whose mandate focuses on the social and economic development of the community with an emphasis on the role of women. The ministry also undertakes awareness programmes on issues of domestic abuse.
- The finalisation of the Family Safety Bill 2009 is intended to give greater effect to CEDAW and CRC in relation to domestic violence issues. The enactment of the bill has been criticised as taking too long.
- The Domestic Violence Unit operates within the Ministry of Police and Prisons and handles issues of violence against women and children.
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.’ This has been seen as inconsistent with article 11 of CEDAWConvention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
which prohibits discrimination in employment.
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 the Ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
is authorised to receive complaints from prisoners, this avenue has not yet been utilised. Under the Law and Justice Sector Plan, the government is reviewing the Prison Act 1967 and drafting legislation to move responsibility for the review of prisons away from the Ministry of Police and establish it within an independent authority.
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 with disabilitiesDisability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
and nor is it a basis for freedom from discrimination in Samoa’s constitution. Samoa is not a party to the Convention on the Rights of Persons with Disabilities (CRPD
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...
) yet has indicated that they would consider acceding to it.
Samoa has set up a National Disabilities Taskforce which constructs programmes that provide assistance to persons with disabilities. This is guided by the National Policy and National Plan of Action for Persons with Disabilities set up in 2009.
Rights of the child
The issue of child street vendorsHawker (trade)
A hawker is a vendor of merchandise that can be easily transported; the term is roughly synonymous with peddler or costermonger. In most places where the term is used, a hawker sells items or food that are native to the area...
in Samoa has been acknowledged with growing concern. SUNGO has submitted that in allowing this issue to continue, Samoa is acting contrary its obligations under both the CRC
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
in regards to the right to education and the convention of the ILO
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
in regards to freedom from exploitative labour.
Reports suggest that issues of poverty and hardship contribute to the existence of child street vendors. Samoa has a National Policy for Children 2010-2015 which is aimed at alleviating poverty and providing protection to children through programmes and services.
External Links
- Converging Currents: Custom and Human Rights in the Pacific (NZLC 2006)
- 2010 Human Rights Reports: Samoa (US State Department)
- Millennium Development Goals, Samoa’s Second Progress Report, 2010
- The Constitution of the Independent State of Samoa
- Universal Periodic Review: Report of the Working Group on the Universal Periodic Review: Samoa 2011