UPR Sexual Rights Database

National Report:
Para 14) In 2016 Samoa reported that a total of 11 laws have been reformed. These help achieve compliance with international obligations particularly for key Human Rights Conventions such as CEDAW and CRC. Our efforts continue with the Samoa Law Reform Commission’s Family Laws Review Project (FLR Project) which will focus on the 6 core Family Laws. The consultations on the project began in 2019, and will be an important opportunity to address some of the few remaining issues from the recommendations that are already or sufficiently covered under existing legislation. For example there are currently relevant provisions in the Family Safety Act 2013 and Family Court Act 2014 to provide for anonymity and protection of those who make complaints of family violence. However, further considerations will be part of the FLR Project. The principles of relevant international law on rights of women, children, persons with disabilities or other vulnerable groups will also be considered to inform relevant parts of the FLR Project.
Para 15) The Labour Employment Relations Act 20139 provides for empowering gender equality in the workforce. Further reviews to LERA ensures compliance with international obligations. The current Amendment Bill proposes a grievance mechanism, which includes those pertaining to sexual harassment. In addition, amendments are also made concerning the use of gender neutral terms. The Bill seeks to propose an amendment to section 20 of the LERA to provide for definition for ‘discrimination’, which applies equally to men and women.
Para 29) The MWCSD recently launched 6 National policies and the Community Sector Plan that are key to the work on all human rights conventions. These policies are: • Samoa National Policy on Gender Equality and Rights of Women and Girls 2021- 31, which builds on the work of the last gender equality policy.
Para 63) Compared to 30 years ago, women’s advances in managerial positions and professional occupations have increased significantly including representation in parliament. Current statistics show women outperform their male counterparts academically, and there are increasing numbers of women occupying leadership roles in the public sector, private sector, judiciary and civil society organisations. Access to basic services have improved including to sexual and reproductive health services. Samoa’s commitment to the elimination of discrimination against women and implementing SDG 5 have been a priority since Samoa ratified CEDAW in 1992. While much progress had been made in the past 30 years, with multiple law reforms, new policies and country wide awareness programmes and interventions; more still needs to be done. There is recognition that women and girls can be agents of change and will be an important part of the transformational equation for the SDGs and also for the protection of the human rights of all.
Para 64) During the reporting period there has been significant effort to eliminate all forms of discrimination and violence against women, as highlighted in chapter III, A, B, C and chapter IV. A. 2 of this report. The FLR Project, the six new policies launched by the MWCSD, and enforcing the gender mainstreaming task under the Strategy for Development across all 14 sectors are key.
Para 65) The Working Group on discrimination against women in law and in practice, (August 2017) noted: “Samoa has made important strides in developing a legal framework that abide by its own Constitution’s bill of rights and comply with its international human rights obligations, particularly, over the past decade, with regard to the elimination of discrimination against women. The criminalization of domestic violence, the legal guarantee of equality between men and women in employment and the constitutional amendment for 10% women in parliament are important milestones”.
Para 66) Samoa was the first country in the Pacific region to receive an official visit by the Working Group which engaged in a constructive dialogue with a wide range of government and state representatives and other stakeholders, including civil society actors, health professionals, women’s groups, academia, scholars, religious leaders, individual artists, and the UN country team. The Group visited the women’s prison, a middle school, a health clinic, and observed a planning meeting among village councils and participated in a dialogue with members of a village council.
Para 67) In the traditional context women are the ‘malu o aiga’ (protector of families) the ‘auli male pae” (facilitator of peace and harmony – problem solver) and the ‘ua faalanu ma’ave’ave (the rain that cleanses away the salty spray from the foliage – dilutes tensions). Women lead at every level of the social institutions within a family, village and community and are instrumental in bringing about change therein. Therefore the mutual understanding and partnerships between the State and our Village-Based systems of governance, is fundamental to the delivery of Government initiatives to strengthen gender responsive interventions to: eradicate violence from our homes, remove discrimination and stereotypical behaviour, foster positive environments for our children, empower our women and girls as well as ensuring that they are included in discussions pertinent to their wellbeing and personal development as equal Partners.
Para 68) The DDP Programme, an outcome of community collaboration of all stakeholders ensures the communities take ownership of their own development. The development plans are the basis for current and future development in the villages and districts enabling coherent support by the government and all stakeholders. As of January 2020, 98% of districts have completed plans which are vital to our human rights efforts in communities. Ending Violence is a key component of these district plans.

UN Compilation:
Para 9) The Working Group on discrimination against women and girls noted that the Constitution declared custom and tradition, along with Christianity, as the basis of the State. While noting that what constituted the Samoan custom and tradition – or Fa’asamoa, the Samoan way of life – was a topic of vibrant public discussion, the Working Group observed the prevalence of a discourse that aimed to maintain the status quo of inequality between men and women on the ground of the uniqueness of Samoan culture and tradition.

Stakeholder Summary:
Para 75) ICAAD reported that many women continued to be treated unequally in aspects of private and public life. Discriminatory treatment occurred because of entrenched cultural, religious, and patriarchal traditions. Samoan men were regarded as the head of households, superior to their wives. Unequal gender roles in Samoa were widely enforced and domestic and sexual violence by men against women were a reflection of gender-based power and control.

National Report:
Para 21) A legislative compliance review of the Convention on the Rights of Persons with Disabilities (CRPD) was conducted in 2012 and a comprehensive Legislative Compliance Review of the laws of Samoa was completed in April 2015. There is an intention to reform laws to domesticate CRPD. The legislative compliance review is near complete and trainings have been conducted and are still ongoing in relation to CRPD.

Para 125) Samoa is considering ratifying CRPD. The Attorney General's Office has provided advice for Samoa to ratify following a legislative compliance review of CRPD. Samoa is working towards finalising the legislative compliance review so that Government is able to establish legal frameworks that will support full implementation of the Convention. Following this, the Convention will be ratified. Lack of technical expertise in this area is a problem although other Ministries and NGOs provided technical support towards completing the compliance. Samoa is looking at legal options towards protecting the rights of persons with disabilities whether in the form of a model law or piecemeal amendments.

Para 126) Since signing the CRPD, Samoa is currently undertaking a cost benefit analysis of CRPD and a legislative compliance review of CRPD. MWCSD is the focal point for CRPD. The challenge for Samoa is ensuring the accessibility in all public places, infrastructure (disability friendly facilities at the correctional facilities) and representation in public forums, steering committees, delegations to overseas meetings.

UN Compilation:
Para 3) The country team noted that Samoa had signed the CRPD in September 2014, and that the Government was in the process of moving towards ratification ...

Stakeholder Summary:
Para 6) Goshen Trust noted that while the Government has signed the CRPD, it has not yet ratified it ...