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TITLE: WESTERN SAMOA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
WESTERN SAMOA
Western Samoa is a small Pacific island country located 1,600
miles northeast of New Zealand with a population of
approximately 160,000. It is a parliamentary democracy with
certain concessions to Samoan cultural practices. The
Constitution provides for a Samoan head of state, a unicameral
legislature of matai (family heads) elected by universal
suffrage, an independent judiciary, protection of Samoan land
and traditional titles, and guarantees of fundamental rights
and freedoms. Executive authority is vested in the Head of
State, with the Government administered by the Cabinet,
consisting of the Prime Minister and 12 ministers chosen by
him. All laws passed by the Legislative Assembly need the
approval of the Head of State. The present one, Malietoa
Tanumafili II, holds the position for life. His successors
will be elected by the Legislative Assembly for 5-year terms.
The culture of Western Samoa is essentially Polynesian but
uniquely Samoan. Traditional authority is vested in the matai
who are appointed by a consensus of the aiga (extended family)
or by decision of the fono (council of matai). Ownership of
land is legally vested in the matai who has the responsibility
to direct the economic, social, and political affairs of the
aiga. Western Samoa has 362 villages with over 25,000 matai.
Each village is governed by a fono, which can fine or otherwise
punish offenses against village rules.
Western Samoa does not have a defense force. The small
national police force is firmly under the control of the
Government but has little impact beyond the capital city.
The economy is primarily agricultural and is susceptible to
shifts in world prices for its export commodities, such as
coconut products. In recent years, tourism and light industry
have become increasingly important foreign exchange earners.
Western Samoa is heavily dependent on foreign aid and on
remittances sent to family members by more than 100,000 Samoans
living abroad in Australia, New Zealand, and the United States.
Western Samoan society is based on a collective value system in
which obligations and responsibilities to the aiga are often
given precedence over individual rights. Most disagreements
are settled by decision of the fono. Judgments usually involve
fines or, more rarely, banishment from the village.
Principal human rights problems arise out of discrimination and
violence against women. Societal pressures may interfere with
the ability to conduct fair trials. A government-established
public defender's office and an ombudsman's office help Samoans
in their dealings with the courts and the Government.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Such killings are not known to occur.
b. Disappearance
There have been no reports of politically motivated
disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other cruel, inhuman, or degrading treatment or
punishment are prohibited by law, and there have been no
reports of such practices by police or other government
authorities. However, villages are controlled by customary
law, and the fonos may mete out banishment as punishment when
deemed necessary. This is one of the harshest forms of
punishment in this collective society.
d. Arbitrary Arrest, Detention, or Exile
The law contains safeguards against arbitrary arrest and
preventive detention, and these are widely observed.
e. Denial of Fair Public Trial
Western Samoan law assures the right to a fair public trial,
which is honored by the official court system, modeled on the
British system. However, many civil and criminal matters are
not handled by Western-style courts but by village fonos, which
differ considerably both in their decisionmaking style and in
the number of matai involved in the decisions. The Village
Fono Law of 1990 gives legal recognition to the decisions of
the fono and provides for limited recourse of appeal to the
Lands and Titles Courts and to the Supreme Court. No appeals
have yet been made to the Supreme Court.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Samoan law provides for protection from invasion of the home or
seizure of property without substantive and procedural
safeguards, including search warrants, which are issued by the
judicial branch. Practically, however, there is little or no
privacy in the village. Village officials by law must have
permission to enter homes, but there can be substantial social
pressure to grant such permission.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and of the press are fundamental parts of the
Constitution. In 1993 the Government began printing a weekly
paper of news and features which focuses largely on government
activities. The Government also passed the Newspapers and
Printers Act and the Defamation Act in 1993, which require
journalists to reveal their sources in the event of a
defamation suit against them. The two acts were strongly
criticized by the local press. To date no court case has
required that these acts be invoked. Two major newspapers, and
many smaller ones, are printed regularly in the country. The
Government operates a radio station and the country's sole
television station, and there is also a private radio station.
Television from neighboring American Samoa is readily available
to viewers in Western Samoa.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly
and the right to form associations. There are no significant
restrictions.
c. Freedom of Religion
Freedom of religion is provided for in the Constitution, along
with freedom of thought and conscience. There is no
government-favored religion. Nearly 100 percent of the
population is Christian. While the Constitution grants each
person the right to change religion or belief and to worship or
teach religion alone or with others, in practice the matai
often chooses the religious denomination of the aiga. There is
strong societal pressure to support church leaders and projects
financially. Such contributions often total more than 30
percent of personal income.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for freedom of internal movement and
resettlement in Western Samoa, but in practice some citizens
have been banished either from village activities or completely
from the village. Emigration is actively supported by the
Government as a "safety valve" for pressures of a growing
population, for potentially rebellious youths, and because it
increases foreign income through remittances. Foreign travel
is not arbitrarily restricted. The right of citizens to return
to Western Samoa from abroad is guaranteed.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Samoan citizens have the right to change their government
through direct, multiparty elections. All citizens above the
age of 21 may vote. The right to run for 47 of the 49 seats in
Legislative Assembly, however, remains the prerogative of the
approximately 25,000 matai (virtually all of whom are men).
The remaining two seats are reserved for citizens not of Samoan
heritage. While all adult Samoans may vote for the Legislative
Assembly, matai continue to control local government through
the village fono, which is open to them alone. However, the
system does permit change, and matai may be removed if they do
not meet the responsibilities of their position.
The political process in Western Samoa is more a function of
personality than of party. The first party, founded in 1982,
was the Human Rights Protection Party (HRPP). Its leader,
Tofilau Eti Alesana, is the Prime Minister. The HRPP holds the
majority of seats in the Legislative Assembly. The opposition
party, the Samoan National Development Party, was formed in
1988, replacing the previous Christian Democratic Party founded
in 1985. Unless the Government falls, the next general
elections will not be held until 1996.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
While there are no official restrictions against their
formation, no official or private human rights organizations
exist. There are no reports of any international or
nongovernmental requests for investigations of alleged
violations of human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Western Samoa is a homogeneous society with no significant
ethnic minorities. Samoan politics and culture are the product
of a heritage of chiefly privilege and power, and members of
certain families have some advantages. While there is
discrimination against non-matai and women, women (and
particularly women matai) play an important role in society and
may occasionally reach high office. One of the 12 cabinet
members is a woman, and there is one other female Member of
Parliament. The passage of universal suffrage in 1990 and the
establishment of a Women's Affairs Ministry in 1991 provided
substantial new rights and opportunities for women, but their
traditional subordinate role is changing slowly in the more
conservative parts of society.
Women
Abuse of women and children is prohibited by law. There is no
history or evidence of abuse of women within the workplace, of
any activity such as trafficking in women, or of any organized
prostitution or related forms of exploitation. Traditionally,
social custom tolerates physical abuse of women within the
home. Most often this is limited to wife-beating. The role
and rights of the village fonos and tradition would prevent
police from interfering in instances of domestic violence,
barring a complaint from the victim. While village custom
discourages a victim of such abuse from seeking redress from
the Government, the offender may be punished by the village
council, if the abuse is considered extreme.
It is widely assumed that many cases of rape go unreported.
However, when such cases are brought before the courts, they
are treated seriously. Convicted offenders are often given
relatively stiff sentences of several years' imprisonment.
Children
Abuse of children is prohibited by law, and there is no pattern
of child labor. Physical abuse of children is, however,
traditionally tolerated within the home.
The Government's commitment to the welfare of children is
reflected not only in legislation but in its continued efforts
to strengthen the educational system. Approximately 10 percent
of the Government's budget is devoted to education. In
addition to funding its own school system, the Government also
provides financial support to a large number of church-related
educational institutions in Western Samoa. The Government does
not provide special assistance for intellectually or physically
handicapped children. Schooling for such children is provided
by private organizations.
National/Ethnic/Racial Minorities
The Constitution makes special provision to preserve the
political rights of non-Samoans. Persons of mixed ancestry who
are culturally Samoan are fully accepted and may attain
positions of considerable wealth and influence. Several have
held or hold cabinet positions and a number serve in the
Parliament.
People with Disabilities
There is no legislation pertaining to the status of handicapped
or disabled persons in Western Samoa. There are also no laws
regarding accessibility for the disabled. Both custom and
practice permit such persons to play a role in society
commensurate with their abilities. Samoan tradition dictates
that handicapped persons be cared for by their family, and this
custom is widely observed in practice.
Section 6 Worker Rights
a. The Right of Association
Western Samoan workers have legally unrestricted rights to
establish and join organizations of their own choosing. To
date, only one trade union has been organized in the small
private sector, with members coming from the sole large factory
in the country. A labor dispute and strike broke out in early
1993, when management in the same factory challenged the
legality of an unrecognized, breakaway labor group. Government
leaders publicly criticized the strike as counter to Samoan
tradition. The dispute was settled with the assistance of the
Labor Commissioner. The Public Service Association,
representing government workers, an increasingly important
sector of the work force, functions as a union. The Supreme
Court has upheld the right of government workers to strike,
subject to certain restrictions imposed principally for reasons
of public safety. Workers in the private sector have the right
to strike. The Public Service Association freely maintains
relations with international bodies and participates in
bilateral exchanges.
b. The Right to Organize and Bargain Collectively
While workers have the legal right to engage in collective
bargaining, this right seldom has been practiced due to the
fact that unions have only recently appeared in the private
sector. However, the Public Service Association engages in
collective bargaining on behalf of government workers,
including bargaining on wages. Arbitration and mediation
procedures are in place to resolve labor disputes, although
these rarely arise. Labor law and practice in the one export
processing zone are the same as in the rest of the country.
c. Prohibition of Forced or Compulsory Labor
While the Government does not demand compulsory labor and it is
prohibited by law, in this collective society people are
frequently called upon to work for their villages. Most people
do so willingly, but, if not, the matai can compel them to do
so.
d. Minimum Age for Employment of Children
Under the terms of the Labor and Employment Act of 1972 and
Regulations of 1973, it is illegal to employ children under 15
years of age except in "safe and light work." The Commissioner
of Labor refers complaints about illegal child labor to the
Attorney General for enforcement. The Attorney General has
received no complaints about violation of the child labor laws,
which probably seldom occur. The law does not apply to service
rendered to the matai, some of whom require children to work,
primarily on village farms.
e. Acceptable Conditions of Work
The Labor and Employment Act of 1972 and Regulations of 1973
established for the private sector a 40-hour workweek and a
small minimum wage. The hourly minimum wage is $0.40 (one
Tala). This minimum wage suffices for a basic standard of
living when supplemented by the subsistence farming and fishing
in which most families engage.
The law also establishes certain rudimentary safety and health
standards, which the Attorney General is responsible for
enforcing. Independent observers report, however, that the
safety laws are not strictly enforced except when accidents
highlight noncompliance. In addition, many agricultural
workers, among others, are inadequately protected from
pesticides and other dangers to health. Government education
programs are addressing these concerns. The law does not apply
to service rendered to the matai. Government employees are
covered under different and more stringent regulations, which
are adequately enforced by the Public Service Commission.
[end of document]
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