UPR Sexual Rights Database

"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."