OFFICE OF THE OMBUDSMAN, SAMOA Samoa’s Second Universal Periodic Review 2.2.2 Fa’asamoa and human rights 7. It is important to understand the relationship between fa’asamoa (the Samoan way of life) and the international human rights system. 8. Fa’asamoa is a way of life that is distinctly unique to Samoa. It prescribes an all encompassing system of roles and responsibilities that spell out different relationships within the family and the community. 9. The traditional fa’amatai system (village councils) is central to the organisation of Samoan society. The authority of village councils has played a vital role in maintaining and preserving peace, harmony, security and stability through customary law and traditions, especially in rural areas where the majority of Samoans reside. The Government relies heavily on this system for the maintenance of law and order throughout Samoa. 10. Human rights are underpinned by the core values of universality, interdependence and indivisibility, equality and non-discrimination.12 Similarly, the Fa’asamoa holds core values that guide social interaction such as respect, dignity, love, protection, and service. The NHRI believes that international human rights principles and the core values of fa’asamoa mutually reinforce each other. 11. When drafting the Constitution, Samoa’s forefathers understood the relationship between fa’asamoa and human rights when it incorporated fundamental human rights into the Constitution.13 Yet, some Samoans view human rights as a foreign concept that does not have a place in Samoa. There is a misconception that human rights and fa’asamoa conflict rather than mutually reinforce each other. The reason for this seems to stem from the Samoan translation of ‘human rights’. Some Samoans imply from the Samoan translation that ‘human rights’ means that individuals have the freedom to do anything they want without any limitations. Recommendation 3: The Samoan Government, in collaboration with the NHRI, should conduct more human rights awareness activities in order to dispel misconceptions about human rights in Samoa. 12 Universal Declaration of Human Rights (UDHR) UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 13 The Constitution of the Independent State of Samoa 1960 (came into force 1 January 1962); see the right to life (Article 5); right to personal liberty (Article 6); right to freedom from inhumane treatment (Article 7); right to freedom from forced labour (Article 8); the right to a fair trial (Article 9); right to freedom of religion (Article 11,12); rights regarding freedom of speech, assembly, association, movement and residence (Article 13); and right to freedom from discriminatory legislation ( Article 15). These rights correspond directly with rights enshrined in the UDHR, see the right to life (Article 3), freedom from inhumane treatment (Article 5), the right to a fair trial (Article 10), freedom of thought and religion (Article 18), rights regarding speech, assembly, association, movement and residence (Articles 20 and 13, respectively), and freedom from discriminatory legislation (Article 7). 5