Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
offences affecting children.‖74 Since the establishment of the House of Hope,
SVSG has housed over 100 children who have been victims of incest. 75
67.
It is likely that incest is much more widespread. However, it often goes
unreported due to its taboo nature and the fear and shame that is felt by
victims.76 Looking at the broader issue of violence against women and girls,
the Survey found that only 25% of participants who had witnessed such
violence reported it. In Samoa, the issue of family reputation plays a role in
underreporting, which can silence the victim and protect the perpetrator.77
Indeed, anecdotal evidence suggests that where reporting of such issues goes
through the village fono (village council) the result may be action against the
person or family reporting rather than against the perpetrator.78
68.
The Survey indicated that young children are not aware of where to report
child abuse or incest,79 which indicates a lack of awareness of the laws
already in place to support victims. For example, the Family Safety Act 2013
(FSA) issues protection orders from perpetrators of domestic violence,
including in instances of sexual abuse and incest, but there is limited public
knowledge of this law with victims of domestic violence often unaware of how
to seek protection under the FSA. Further, while the FSA provides for
protection orders for victims, it does not protect those who report abuse but
who are not victims themselves. The NHRI‘s focus group consultations for the
SHRR found this contributes to the low rates of reporting of domestic violence.
69.
Another aspect is the inadequate structures in place to support victims of
domestic violence, sexual assault and incest. There is currently only one NGO
– SVSG – that offers assistance in such cases and they are severely underresourced to provide the requisite level of support, counselling services and
shelter that is needed. Nevertheless, SVSG provides significant support
thanks to dedicated volunteers and staff constantly going above and beyond
the course of duty.80
Recommendation 12: That the Samoan Government support SVSG so
that it can adequately provide counselling and support services for
victims of sexual assault, domestic violence and incest. However, the
responsibility for providing such services falls directly within the role of
the state. The Samoan Government should allocate resources from its
annual budget to adequately perform this role, either to be provided
directly to SVSG to enhance its services to meet the high demand or to
establish a public counselling clinic for victims of such abuse.
74
SLRC, Child Protection Legislation Report 2013, available at:
http://www.samoalawreform.gov.ws/wp-content/uploads/2014/08/Care-and-Protection-Legislation-toProtect-Children-Issues-Paper.pdf [accessed 25 June 2015] 68.
75
SVSG Consultation with the NHRI, 1 May 2015
76
Thacker, Devon G. "Incest." Encyclopedia of Victimology and Crime Prevention. Ed. Bonnie S.
Fisher, and Steven P. Lab. Thousand Oaks, CA: SAGE Publications, Inc., 2010. 475-77.SAGE
knowledge. Web. 16 Apr. 2015.
77
SVSG Consultation with the NHRI, 1 May 2015.
78
Ibid.
79
From qualitative responses to schools Survey located on file at the NHRI.
80
Interview with Lina Chang, SVSG, 1 May 2015
22