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 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 Family Safety: Elimination of Family Violence 2021-31: brings together the human rights treaties and SDGs. The key focus is on elimination of violence especially against women and girls.
Para 33) Samoa launched its first National Security Policy in 2018 which has an expanded definition of security covering not only border security and transnational crimes but also climate change and human security. The policy identifies domestic and gender based violence and health security, as key national security concerns and priorities. Its implementation is closely aligned to the 2020 Climate Change Policy and efforts to promote human rights through dedicated actions highlighted in the relevant sector plans such as Community, Environment, Health, Education and Law and Justice.
Para 34) Samoa’s first Interagency Essential Services Guide launched in January 2021 in both Samoan and English, facilitates the survivor based approach for Gender Based Violence and Child Protection, and provide referral guidelines, standards and practical procedures for all relevant stakeholders. The guide is key to strengthening responses to Gender Based Violence and Child Protection and enhancing coordination with some of the active NGOs and communities on the issue.
Para 36) There have been several awareness programs conducted by the government, human rights stakeholders as well as international partners. The annual NHRI reports, the District Development Plans (DDP), The Women In Leadership program, the EU-UN Spotlight initiative as well as the Samoa Disability Partnership Programme are some of the main programmes. The recent VNR2 process raised awareness on human rights related issues through awareness and training programmes over the past years. Para 37) The communities, churches, private sector and NGOs are encouraged to participate in these training and awareness raising efforts to allow for a transformational shift in some of the negative perceptions towards the acceptance of human rights and ending domestic violence. The MWCSD, MPPCS, MJCA including the different sectors continue to conduct outreach programs in the villages in collaboration with NGOs or international partners to promote further understanding. Para 38) Law enforcement officials continue to undertake training for example, Samoa lawyers and Police officers participated in training in 2019 hosted by PILON in relation to ‘Quality Evidence without Re-Victimisation: Promoting Special Measures for Vulnerable SGBV Complainants’. MJCA, Police and JAWS Media Association have finalised a Court Reporting Guide to recognise the rights of the media in reporting court proceedings and to improve the quality of court reporting to inform the public accurately. The training was helpful for Police and court registrars and in safeguarding the rights of victims (especially children). The NHRI and Police continue to provide Basic Human Rights Education for police recruits; and Human Rights education is covered in the Social Studies Curricula for both Primary and Secondary schools.
Para 49) Samoa continues to look at comprehensive measures to prevent and address domestic violence including reviews of relevant legislation such as family laws; updated policies and ensure a whole of society approach to addressing the issues of domestic violence, particularly violence against women and children. The new policies include a national framework on prevention, early intervention and response, and guidelines for all service providers (government and NGOs) reporting and responding to incidences, and ensuring the best response for survivors and their children.
Para 50) The 2017 Samoa Family Safety Study and the 2018 NHRI public inquiry into family violence put the spotlight on the issue with the alarming findings from these reports. Since their release, there has been an increase in awareness campaigns and training for law enforcement officers and NGOs as part of the response. Under the EU-UN Spotlight initiative for example, MJCA and the Law and Justice Sector using the Reach Model for prevention measures, took services to isolated villages sharing valuable information on protection orders, available helplines, police and court processes, victim support contacts and others. The Court also highlighted the maintenance service available with financial support for domestic violence victims.
Para 51) Samoa continues to support Districts, Villages and faith based led initiatives looking at the root causes and consequences of family violence. Ending Violence is a key component of the DDP program which was rolled out in 2017 and as of January 2020, 48 out of 49 districts have these plans. The DDP provides the opportunity for community leaders to discuss the issues and most importantly, determine what their role is in eliminating violence. In early 2021 MWCSD with government and NGO partners delivered an awareness programme on gender based violence and alcohol abuse to over 8,500 participants within 200 plus villages across all of Samoa. This was part of the Government of Samoa COVID response.
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, … are important milestones”.
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 …
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.
Para 72) In addition to what was highlighted in earlier sections particularly on Domestic violence, there is better progress in recent years, in terms of more open discussions on the issue of violence, gender equality and social inclusion. A significant development is the Samoa Bureau of Statistics improved collection of sex disaggregated data including data on domestic and intimate partner violence for the first time in the DHS-MICS 2019 survey. Availability of data is crucial for efforts to focus the spotlight on the issue. The data confirm the two earlier studies on the need to scale up efforts to address GBV.
Para 73) GBV has been identified as a national security priority and thus dedicated action to address it across the sector plans especially in the Community Development, Law and Justice and Health Sector plans and newly launched policies by MWCSD are key. The National Sexual Reproductive Health Policy 2018-2023, also included GBV as a key component for SRHR and a significant determinant of SRH. In celebration of International Women’s Day 2021, Government led a forum inclusive of women from communities, representatives of faith-based organizations and other stakeholders to discuss women and leadership, ending violence against women, and achieving gender equality. The forum was part of the ongoing nationwide Ending Violence Awareness program to continue the dialogue, and to promote a whole-of-society approach to address the issues of violence against women and girls. Samoa continues to participate in the global 16 Days of Activism every year from 25 November to 10 December, focusing on elimination of violence against women and girls. Para 74) A clear impact of the increased awareness programmes are the transformational changes. For example, some villages are introducing own measures such as fines for the perpetrators of violence in their village by-laws. Active engagement by youth and faith- based organistions on the issue have increased, and the introduction of the Essential Services Guide is critical to the needed multi-sectorial and more coordinated response to the issue. The Lands Transport Authority work closely with MWCSD in having GBV awareness presentations to Construction companies. Part of their criteria for consultants hired, is that the consultants must provide GBV training on project-sites. This began with the Faleolo International Airport project, but now extended to the major development projects.
Para 75) Samoa as the Chair for the PILON Sexual and GBV Group; has completed activities to assist and protect vulnerable victims of and witnesses to sexual and gender based violence offences. This includes a 2020 Model Provisions for amending Evidence Acts to incorporate special measures for vulnerable witnesses to SGBV offences. The General principle for obtaining best evidence from vulnerable witnesses in sexual and GBV matters was agreed to in 2019.
Para 16) The United Nations country team noted the results of recent studies revealing very high rates of gender-based violence and violence against children, one of which indicated that village fono (councils) played a leading role in stopping family violence.
Para 18) The Working Group on discrimination against women and girls regretted that less was known about the gender-based violence that fa’afafine, fa’afatama and lesbians faced and emphasized the importance for their voices to be heard and their situations addressed.
Para 20) The United Nations country team noted that most services such as shelters, counselling and rehabilitation were provided by civil society organizations and that, as identified in the 2019 State of Human Rights Report, it was necessary for the Government to take the initiative in providing financial and technical assistance to victims of gender-based violence.
Para 22) The Working Group on discrimination against women and girls observed that the Samoan Police Force had few officers and a limited presence in rural areas.
Para 24) The Working Group on discrimination against women and girls noted that the Family Court was required by law to promote conciliation and alternative dispute resolution.
Para 40) Additionally, equitable access to food was negatively affected by the high prevalence of violence against women.
Para 58) The Working Group noted that one of the most important steps in addressing the root causes of violence against women involved creating a change in mindsets regarding cultural perceptions about women and their place in society. Open dialogue on matters deemed taboo and alternative narratives on the meaning of the “Samoan way” needed to occur, which could not happen without the leadership of the Government and community and religious leaders, alongside women and men at all levels of society.
Para 60) While noting the adoption of the Family Violence Act 2013, the Working Group on discrimination against women and girls indicated that no comprehensive legislation on gender-based violence against women beyond the family had been developed and that initiatives to combat gender-based violence remained scattered.

Stakeholder Summary:
Para 12) The prevalence of gender-based violence (GBV) and family violence was still of great concern.
Para 35) AI stated that despite accepting recommendations to address violence against women and girls and violence based on sexual orientation and gender identity, gender inequality was pervasive. SFHA noted that sexual and gender-based violence was extremely high in Samoa.
Para 36) JS5 indicated that the Family Violence Inquiry Report had identified fa’afafine as an at-risk marginalized group likely to be exposed to violence at higher rates that non-fa’afafine.
Para 41) ICAAD stated that perpetrators of sexual and domestic violence often received disproportionately low sentences or no custodial sentence at all. Traditional practices such as ifoga, a traditional form of reconciliation, and fono punishments conflicted with the formal justice system. These practices could appear to be facially neutral, but in practice imposed significant barriers that disadvantaged certain groups, namely women and girls.
Para 43) ICAAD noted that the Family Violence Court had been established in 2014 with jurisdiction over crimes in the Family Safety Act 2013, namely domestic violence. Family violence crimes were referred to probation for family group counselling instead of sentencing. As such, it was not appropriate for sexual violence cases to be heard at the Family Violence Court.
Para 45) Concerning accepted recommendations, SVSG noted that the Government had neither made any efforts towards the establishment of any state shelter for victims of violence, nor provided financial assistance to existing NGO shelters. SVSG was the only NGO that offered shelter for victims of violence and neglect. However, the number of people housed by SVSG was known to exceed its limit by at least 20% and this situation had worsened due to the Covid-19 outbreak. SVSG also stated that the impact of the Family Court and the Drugs and Alcohol Court was limited by the absence of state rehabilitation and reintegration services.

"National Report:
Para 53) The National Policy for Women 2010-2015 was endorsed by Cabinet in 2010 and is currently under review with independent technical support from the Secretariat of the Pacific Community. One of the key policy outcomes includes ‘increasing women’s participation in public life and decision making'. The policy identified as one of its main activities the support for increasing women's participation in political and public life. The review upon finalization will set the priorities for the development of the new Gender and Women’s policy for the next 5 years as well as a program for implementation.

Para 54) Resources mobilised through the Samoa Women Shaping Development Program funded by the Government of Australia and UNDP/UN Women as part of Government’s strategy to increase the civic participation of women. Some of the milestones achieved to date include:
(d) Good Governance Programs spearheaded by the MWCSD where village by-laws are developed based on good governance principles. Women and young people’s participation in developing their village by laws alongside the village council is evidence of practicing good governance principles.

Para 86) Following the first review a significant constitutional amendment was made in 2013 where a 10% quota was introduced to reserve five (5) seats for women in parliament. This is another step towards achieving gender equality for women in the political arena as well as towards compliance with CEDAW. This constitutional guarantee will be implemented in March 2016 when Samoa enters elections.

Para 87) The Public Service Commission (PSC) in its Public Service Act 2004 and Policies (Working Conditions and Entitlements Manual - WCE) advocates for equal employment opportunity for both females and males. Under the current WCE manual, women are entitled to 2 months maternity leave with pay and they can take up to 26 weeks without pay.

Para 88) Recently, PSC has reviewed its policy to be in-line with the International Labour Organisation (ILO) and the Convention Eliminating Discrimination Against Women (CEDAW) to increase the maternity leave entitlement to 3 months with pay and 3 and a half months without pay. The revised maternity leave policy also recognizes for the first time, stillborn babies, miscarriages and legal adoption of newborn babies and those up to 12 months. Female employees will be entitled to 4 weeks with pay and up to 26 weeks without pay. Male employees in the public service are entitled to 5 days Paternity Leave.

Para 93) The Labour and Employment Relations Act 2013 (LERA) protects and promotes women's rights in employment, equal remuneration, maternity leave (public and private sector although the period of leave varies) and protection from workplace harassment, there is a need to regulate the private sector to ensure they comply with the universal standards.

UN Compilation:
Para 6) The country team indicated that, to address the low representation of women in Parliament, a constitutional amendment introducing a 10 per cent quota for women representatives in the national Legislative Assembly had been passed by Parliament in 2013.

Para 17) The Committee on the Elimination of Discrimination against Women was concerned that the Convention had still not been fully domesticated as part of national law, and that Samoa had yet to adopt and incorporate into the Constitution or other relevant legislation a definition of discrimination against women, including direct and indirect discrimination, in line with article 1 of the Convention.

Para 20) The country team stated that gender equality was undermined by women's poor access to employment, property, financial credit and bank loans. In 2012, Samoa and six other Pacific region countries had received low global rankings on the women’s economic opportunity index, which looked at women’s access to property and finance.

Para 21) ... noting that Samoa was reviewing the Lands and Titles Act to amend existing discriminatory provisions, the Committee on the Elimination of Discrimination against Women was concerned at the prevalence of discriminatory customs and traditional practices that prevented rural women from inheriting or acquiring ownership of land and other property.

Para 36) The country team indicated that Samoa had taken important steps to bring its labour laws into line with international standards, including standards promoted by the Committee on the Elimination of Discrimination against Women and the core ILO Conventions. Law reform, in particular the enactment of the Labour and Employment Relations Act 2013, which had repealed the Labour and Employment Act 1972, included maternity and paternity leave entitlements and other fundamental employment rights like equal pay, prohibitions on forced labour and employment discrimination (based on gender, ethnicity and sexual orientation), and the right to collective bargaining and freedom of association.

Para 52) UNESCO stated that steps had been taken to promote special education for persons with disabilities, with special attention paid to girls and women with disabilities (strategic policies and plan for 2006-2015).

Stakeholder Summary:
Para 23) JS3 noted an increase in the recognition of women's rights, especially regarding senior roles and positions of leadership within Samoa’s economy. Despite this increase, Samoan women continue to be marginalised within the Government, church communities and village councils where there are several impediments to overcome before women can truly benefit from equal enjoyment of rights.

"National Report:
Para 31)The community and the Samoa National Council of Churches can play a stronger role towards transforming negative public perceptions towards the acceptance and practice of women’s human rights and ending domestic violence. The Ministry of Women, Community & Social Development and Ministry of Police continue to conduct outreach programs in the villages in collaboration with NGOs under the frame of the CEDAW Partnership Committee.

Para 47) During the 2011 UPR the Family Safety Act 2013 was still a Bill, however, since then it has been passed and is now enforced. The Family Safety Act 2013 provides for the protection of women and children from domestic violence.

Para 48) A Specialist Family Violence Court has been set up to deal with family violence issues and child protection. A related development has been the establishment of the Alcohol and Drugs Court in 2015 which looks at a system by which the court provides rehabilitation services for offenders. Statistics indicate that gender based violence is associated with alcohol consumption.

Para 49) Since the last report, national efforts such as 16 Days of Activism on the Elimination of Violence against Women, White Ribbon Day and National Human Rights Day, International Day for Prevention of Child Abuse and Neglect are some of the major campaigns that are coordinated jointly by Government, NGOs and community based organisations. There has been an increase in the engagement of village communities to address violence within the village, where women and untitled men’s groups have initiated village violence free advocacy campaigns.

Para 50) The recent work by the National Council of Women on working with women’s committees and village women representatives is also complementing the ongoing efforts at national level to increase village and individual responsibility towards ending gender based violence.

Para 51) The Samoa Law Reform Commission is leading the CEDAW legislative Compliance Review with public consultations recently completed under the oversight of the MWCSD. The Samoa Victim Support Group have been instrumental in raising awareness programs and assisting women and children in getting court orders against men who perpetuate domestic violence against women. The enactment of the Family Safety Act and the Family Court Act are contributing to this fight against discrimination and the protection of the rights of women.

Para 52) MWCSD through their partnership with SPC RRRT have supported awareness raising trainings for village representatives and for Police Officers. Specific training for Police Officers have focused on understanding, enforcing with due diligence, care and being gender sensitive and caring in the delivery of their roles as outlined under the Family Safety Act.

UN Compilation:
Para 8) The country team also noted that in 2014 Samoa had established a Family Court through the Family Court Act 2014. The Family Court was a division of the District Court, and its purpose was to promote alternative forms of dispute resolution and conciliation. The Family Safety Act 2013 provided for an extensive definition of domestic violence. Important elements of the Act were the ability of a child to apply for a protection order without the consent of a parent or legal guardian, the duties of the police and the “no drop policy”, under which a report of domestic violence that involved any form of physical or sexual abuse must be pursued with intent to prosecute. The Family Court, which since its establishment had tried over 800 cases, was the first dedicated family court in the Pacific region outside of Australia, New Zealand and Fiji. The Family Court dealt with criminal cases related to family violence, and sought to hold defendants accountable for their actions and to compel them to address their violence in an appropriate way.

Para 14) The country team stated that, in order to improve the tracking of cases and identify obstacles in accessing appropriate legal outcomes, Samoa had implemented a monitoring and evaluation system for the Family Violence Court and Family Court, with support from the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women). The Court was in need of support mechanisms to provide counseling and guidance to families.

Para 23) A number of institutional measures had been adopted to address barriers and difficulties faced by victims with regard to accessing the formal justice system. Those measures included mandatory arrest and prosecution, as well as pro-arrest and pro-prosecution policies.

Para 55) The Crimes Act 2013 of Samoa criminalizes rape within marriage. Section 49 (4) states that a person may be convicted of sexual violation in respect of sexual connection with another person notwithstanding that those persons were married to each other at the time of that sexual connection.

Para 56) Section 52 of the Crimes Act 2013 provides that a person who commits rape is liable for life imprisonment and a person who commits unlawful sexual connection is liable to imprisonment for a term not more than 14 years.

Stakeholder Summary:
Para 30) NHRI believed that violence within the home must be addressed with all genders and ages. The widely held belief that family problems, such as domestic violence, should be settled within the family helps foster a 'culture of silence' within villages. Samoa has taken measures to address this issue with the passage of the Family Safety Act (2013), but there is limited public knowledge of this law, and how to engage in the legal proceedings it entails.

Para 31) JS3 commended the Government for passing the Family Safety Act (2013) and its current implementation though there is a need to increase awareness around its provisions especially on protection orders and on a multi-sectoral approach to address domestic violence. JS3 noted that UPR Working Group recommendation 73.32 (A/HRC/18/14) - criminalisation of rape within marriage - has yet to be implemented and urgently recommended that the Government fulfils this recommendation, and that adequately and sufficiently resource the implementation of the Family Safety Act 2013."