Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in Samoa face legal challenges not faced by non-LGBTQ residents. Sexual contact between men is illegal, punishable by up to seven years’ imprisonment, but the law is not enforced.
Samoan society tends to be very tolerant of being transgender, but not of homosexuality. It has a large transgender or "third gender" community called fa'afafine.Samoa Gay Guide Fa'afafine are a recognised part of traditional Samoan customs, allowing for third gender people, in particular, to be accepted as they have always been a part of Samoan culture. Groups advocating for better representation of and the decriminalisation of homosexuality include the Samoa Fa'afafine Association, which sees anti-gay laws as hindering the full incorporation of both fa'afafine and gay and lesbian Samoans into society.
Additionally, in 2011, Samoa signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBTQ people.United Nations High Commissioner for Human Rights, Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, 19th sess, UN Doc A/HRC/19/41 (17 November 2011). By signing the joint statement, Samoa has made a commitment to the international community that it recognises the particular challenges faced by LGBTI people when examined through a human rights lens, and undertaken that it will endeavour to end violence, criminal sanctions and related human-rights violations based on sexual orientation and gender identity.United Nations Human Rights Council, (22 March 2011), Joint Statement on Ending Acts of Violence Related Human Rights Violations Based on Sexual Orientation and Gender Identity
History
Prejudices towards homosexuality are not documented before the arrival of Christian missionaries in the late 18th and early 19th century. Samoan pre-colonial society, similar to other Polynesian societies, was a very "sexually free" culture. Same-sex marriage ceremonies are known to have occurred. Fa'afafine, a cultural third gender in Samoa, could traditionally marry either men or women, and even father children. This is not so much the case in contemporary times, with reportedly very few fa'afafine opting to marry.
However, in 2026, Samoa held their first LGBTQ Pride Week, with LGBTQ residents and allies gathering to celebrate the community.
Legality of same-sex sexual activity Sections 67, 68, and 71 of the Crimes Act 2013 () criminalize same-sex sexual acts. The Act took effect on 1 May 2013. The law also prohibits heterosexual anal intercourse and oral sex.
Section 67. Sodomy A person who commits sodomy is liable: Sodomy is complete upon penetration. It is no defense to a charge under this section that the other party consented.
Section 68. Attempts to commit sodomy A person is liable to imprisonment for a term not exceeding five (5) years who:
Section 71. Keeping place of resort for homosexual acts A person is liable to imprisonment for a term not exceeding seven (7) years who:
"Sodomy" was defined in the 2007 case of Police v Poi as meaning penetration of the male or female victim's anus by the offender's penis.CRIMES ORDINANCE 1961, Report 01/10, Samoa Law Reform Commission, June 2010
In June 2010, the Samoa Law Reform Commission, in its report to the Prime Minister, recommended "repealing all criminal penalties attached to the criminal offence of sodomy and related acts conducted in private between consenting adult males." The Commission noted that legalisation received support in the majority of public submissions.Report 01/10 (June 2010) at p. 24, Samoa Law Reform Commission, Crimes Ordinance 1961
Sections 58D, 58E, 58G, and 58J of the Crimes Ordinance 1961 (now repealed) criminalised same-sex sexual acts.Crimes Ordinance 1961 In 2011, it was reported that Samoa would decriminalise same-sex sexual acts between consenting adults under a new Criminal Code recommended by the Samoa Law Reform Commission. The Government, however, rejected the commission's recommendation.
Recognition of same-sex relationships In August 2012, Prime Minister Tuilaepa Sailele Malielegaoi reportedly "scoffed" at the idea that Samoa would follow the lead of New Zealand in legalising same-sex marriage. When asked if he would support legalisation, he said, "You are dreaming.""Gay marriage in Samoa? You're dreaming, PM says", Samoa News, reported by Lanuola Tusani Tupufia and Aigaletaule’ale’a F. Tauafiafi, 5 August 2012 He reiterated this position, on explicitly religious grounds, in March 2013, saying:My view as the leader of Samoa on this gay marriage issue is simple: There is no way, none whatsoever, that this issue will ever be considered in Samoa. The Samoan parliament would never consider a bill such as this, at least not in my time. It is the strong and combined view of the government of Samoa and the country's religious denominations. We stand united against this because Samoa is founded on Christian beliefs. And Christian beliefs are against this type of behavior which the Bible states, was the reason for the curse that brought destruction on Gomorrah and Sodom. It is very clear that the sacrament of marriage is between a man and a woman. Same-sex marriage is a sin. And no matter how people present this issue, no matter how they wrap it up, there is only one truth, and that is, this type of behavior is a sin.In October 2013, the Prime Minister personally criticised the marriage of a gay Samoan man in New Zealand.
In September 2017, Prime Minister Tuilaepa Sailele Malielegaoi ruled out the legalisation of abortion and same-sex marriage in Samoa as long as he and his Human Rights Protection Party remain in power, stating that they would not allow "heathenistic practices" in Samoa and that "it will never be accepted by government because it undermines our tradition and our culture."
In November 2017, a Samoan associate minister accused the United Nations of secretly promoting same-sex marriage in Samoa.Associate Minister sounds same sex marriage alarm Additionally, he affirmed that Samoa would "never" legalise same-sex marriage.
In December 2017, Prime Minister Tuilaepa Sailele Malielegaoi described same-sex marriage as an "abomination" and a "Sodom and Gomorrah practice" and that "there is no true Christian country in the world which would allow it and it would not be allowed in Samoa as long as it remained a Christian country". The Samoa Fa'afafine Association opposed same-sex marriage in 2013, and said in 2017 that it is not a priority as much as "the promotion of human rights and the reduction of discrimination and violence based on gender identity" is concerned. In 2018, the association said that "marriage is the least of our worries when you don't have a job, it's not a priority."
Discrimination protections Samoa has limited protections for sexual orientation. Section 20(2) of the Labour and Employment Relations Act 2013 () prohibits direct and indirect discrimination on the basis of sexual orientation against an employee or applicant for employment in any employment policies, procedure or practices. Article 20 of the law states as follows:
Crimes motivated by sexual orientation or gender identity are criminalised under Section 7(1)(h) of the Sentencing Act 2016 ().
Gender identity and expression Samoa is fairly progressive in terms of gender identity and expression as it has a large transgender or "third gender" community called the fa'afafine. Fa'afafine are a recognised part of traditional Samoan customs, allowing for transgender people in particular trans women to be accepted as they have always been a part of Samoan culture. On 1 May 2013, Samoa repealed criminal provisions prohibiting males "impersonating" females. The Crimes Act 2013 removed provisions contained in the previous Crimes Ordinance 1961 which criminalised males "impersonating" females in a public place, and which was used to target transgender women and gender-diverse people.
Faʻafafine and faʻafatama Faʻafafine are people who identify themselves as a third gender in Samoa, American Samoa and the Samoan diaspora.Frequently Asked Questions: Sexual orientation, gender identity and intersex status in the Pacific A recognised gender identity/gender role since at least the early 20th century in Samoan society, and some theorise an integral part of traditional Samoan culture, faʻafafine are assigned male at birth, and explicitly embody both gender traits, ranging from extravagantly feminine to conventionally masculine. The Ombudsman's first National State of Human Rights Report, released in August 2015, referred to faʻafafine as "the third gender that has always existed in Samoa" and noted "their hard work and dedication to the family in carrying out both roles and responsibilities for men and women". Likewise, faʻafatama are people who were assigned female at birth, but embody both gender traits.Fa’afatama gathering first of its kind in Samoa
The Samoa Fa'afafine Association (S.F.A.) is an organisation designed to foster collaboration between the faʻafafine and the LGBTQ communities in Samoa, the Asia Pacific region and the world. S.F.A describes itself as an organisation dedicated to balancing both Samoan values with Western influences and aims to promote a positive attitude toward the Samoan faʻafafine community.
Conversion therapy Conversion therapy has a negative effect on the lives of LGBTQ people, and can lead to low self-esteem, depression and suicide ideation.
The Mental Health Act 2007 () states that people are not to be considered mentally ill if they refuse or fail to express a particular sexual orientation, and prohibits any conversion therapy by health professionals in the field of mental health. The act was published on 2 February 2007.
Criticism of Samoa's LGBT rights status The status of LGBTQ rights in Samoa have been examined by the Universal Periodic Review (UPR) Working Group through a mechanism of the United Nations (UN) Human Rights Council (HRC). Samoa is currently due for its third cycle review in April and May 2021.OHCHR, Basic facts about the UPR
First UPR cycle recommendations Country Level of Action Recommendation Canada 5, Specific action Fulfil its commitment to equality and non-discrimination by repealing all legal provisions that criminalise sexual activity between consenting adults and investigate all cases of discrimination based on sexual orientation and gender identity France 5, Specific action Repeal laws criminalising relations between consenting adults of the same sex Norway 5, Specific action Repeal all provisions which may be applied to criminalise sexual activity between consenting adults and adopt appropriate legislative measures to include sexual orientation and gender identity in equality and non-discrimination laws United States 2, Continuing action Continue its reconsideration of laws that restrict the human rights of individuals based on sexual orientation or gender identity, and repeal all such laws
In the first cycle of the Universal Periodic Review, Samoa rejected three level 5 recommendations by Canada, France and Norway to act immediately to repeal all legal provisions criminalising sexual activity between consenting adults, and investigate discrimination based on sexual orientation and gender identity in order to fulfill its commitment to equality and non-discrimination.A/HRC/18/14, 11 July 2011, at para. 75, Report of the Working Group on the Universal Periodic Review: Samoa However, rejections these recommendations, it did accept a recommendation by the United States to continue its reconsideration of decriminalising same-sex sexual activity, with the UPR going on to state: