Samoa, officially the Independent State of Samoa, has a population of approximately 188,000 people. Samoa gained independence from New Zealand in 1962Universal Periodic Review: Report of the Working Group on the Universal Periodic Review: Samoa A/HRC/WG.6/11/WSM/1 (2–13 May 2011), para 2, 11-12, 43-44, 46, 49, 51-53, 57, 69, 70-71 and has a Westminster model of Parliamentary democracy which incorporates aspects of traditional practices.Office of the High Commissioner of Human Rights, Pacific Humanitarian Protection Cluster, Human Rights Monitoring of Persons Internally Displaced by the 2009 Tsunami in Samoa (2010) at p 8, 9 In 2016, Samoa ratified the Convention on the Rights of Persons with Disabilities CRPD and the three optional protocols to the CRC.
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 skeptical, this is attributed to concern that that enforcement of such rights will be at the detriment of Samoan customs and tradition. Another point of concern is gay rights in the country as homosexuality is illegal.
The Human Rights Measurement Initiative measures quality of life, safety from the state and empowerment rights. Samoa scored 89.7% for quality of life, 8.0 out of 10 on safety from the state, and 5.1 out of 10 on empowerment.
International treaty obligations Samoa is a member of the United Nations 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).These include Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87); Right to Organize and Collective Bargaining Convention, 1949 (No. 98); Forced Labour Convention, 1930 (No. 29); Abolition of Forced Labour Convention, 1957 (No. 105); Equal Remuneration Convention, 1950 (No. 100); Discrimination (Employment and Occupation) Convention, 1958 (No. 111); Worst Forms of Child Labour Convention, 1999 (No. 182) see In 2012 Samoa ratified 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.New Zealand Law Commission, Converging Currents: Custom and Human Rights in the Pacific (2006) at 5.35 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.Committee on the Elimination of Discrimination against Women, Thirty-second session 10–28 January 2005 at
In response to recommendations,Universal Periodic Review: Summary of Stakeholder Submissions: Samoa A/HRC/ WG.6/11/WSM/3 (2–13 May 2011), para 7, 12-13, 15-16, 21, 27-29 Samoa issued a standing invitation to all United Nations Special Procedures Mandate Holders in 2011.
Constitutional protection The Constitution of the Independent State of Samoa 1960 came into force in 1962The Constitution of the Independent State of Samoa and provides for the protection of fundamental human rights such as: Right to life (section 5) Right to personal liberty (section 6) Freedom from inhuman treatment (section 7) Freedom from forced labour (section 8) Right to fair trial and due process (sections 9,10) Freedom of religion (sections 11,12) Rights regarding freedom of speech, assembly, association, movement 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.
The Office of the Ombudsman Section 11 of the Komesina o Sulufaiga (Ombudsman) Act 1988 establishes the Office of the Ombudsman as an independent body authorised to investigate complaints concerning the actions of governmental authorities within the public sector.Komesina o Sulufaiga (Ombudsman) Act 1988, s 11
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 its limitation to the public sector.
The last Ombudsman was Luamanuvao Katalaina Sapolu. Following her resignation in May 2023 the office was left vacant.
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 (HRC). In 2009, a joint ‘Samoa Declaration’ was agreed upon amongst several Pacific island states.Samoa, Marshall Islands, Nauru, Niue, Palau, Solomon Islands and Vanuatu 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. In 2013, the Parliament of Samoa passed the Ombudsman (Komesina O Sulufaiga) Act to include human rights as part of the functions of the existing Ombudsman.
Political participation Electoral system Universal suffrage 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.
Women's rights in politics The level of female participation in Samoan politics is ranked among the world's lowest. Women's right to vote granted through the inception of universal suffrage in 1991 did little to improve women's participation as the prerequisite to become a candidate in Parliament is being a Matai (chiefs) and most matais are men. Therefore, political participation has been a very slow process because women are constantly confronted with challenges and barriers created by traditions, social perceptions, lack of education, measures, policy interventions and much more. To address gender inequality and encourage women's rights in politics, interventions, advocacy groups, legislation, and treaties have been established. These include the Ministry of Women, Community and Social Development, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Constitution Amendment Act (2013).
Right to vote Since Samoa's independence in 1962, only matais (chiefs) were granted voting rights for various elections at both national and local level. Universal suffrage was introduced in 1991 which granted both women and men aged 21 years and over with voting rights. This was first executed in the 1991 elections.
Political participation An issue exists regarding the under-representation of women in Parliament. Although there are no legal barriers at the national level, in practice women rarely obtain chief titles.Universal Periodic Review: Compilation: Samoa A/HRC/ WG.6/11/WSM/2 (2–13 May 2011), para 27, 41-41 Following the general election of 2006, four women became members of the 49-member Parliament. This represented 8.1% of the available seats.Millennium Development Goals, Samoa’s Second Progress Report, 2010 at p 6, 28 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 chieftain by prohibiting their participation in village councils. This reduces their ability to obtain village consensus for their candidacy.
Despite the inception of universal suffrage, women's representation in the political realm in both local and national levels remain marginalized by chiefs in political decision-making processes. The Electoral Act of 1963 imposes that only a matai is eligible to run or serve as a Member of Parliament. In which case a large majority of matais are men. This limited number of women matais hinders the opportunity for women to participate in politics. However, despite male domination of chief titles, women matai numbers in 1993 were reported as 1,261 which was considered to be an improvement from earlier years.
Local level Male matais dominate most of the decision-making in village councils. A limited number of female matais are a part of the village councils, and women are gradually entering the village councils. There are 240 villages in Samoa with an average of 56 matais per village. Pulenu'u (village mayors) are elected by the village councils and are remunerated by the government. In 2011, five pulenu'u were women, which equated to 3 percent of the total pulenu'u population.
As for women in village councils, one woman out of 229 village council members was recorded in 1994. In 2011, an overall 10.5 percent of chiefs were women, and in the village councils, women made up 36 percent. Findings from research on women's participation in politics found that a low participation of women at the local level translates into the low population in national government.
National level Early evidence of women's representation in Parliament dates back to 1970 (see table below). Honorable Taulapapa Faimaala was the first woman Member of Parliament (MP) in Samoa and served two terms. She was a pioneer for Samoan women as she was also the first Deputy Speaker of the House from 1973 to 1976. Ten years later, her daughter Honorable Fiame Naomi Mata'afa was elected as an MP and is the longest standing woman in Parliament serving 30 years. In 1998, Fiame became the first female Cabinet Minister who has served as the Minister for Education, Women, Community and Social Development. At present, Fiame is the Minister of Justice and Courts Administration.
Over the years, there has been a notable increase in the number of female candidates. There were 22 candidates in 1996, where 3 women were selected as cabinet members. Most recently in March 2016 elections, a record-breaking total of 24 candidates came forward, of whom 4 were elected. In adherence to the 10 per cent quota codified in the Constitutional Amendment Act 2013, an additional woman will be added to Parliament due to the results of the elections.
The following table indicates that, despite the relatively low number of female matais, some women have been successful in national politics. Table 1: Women Political Development in Samoa