Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
mechanisms and the human rights treaty monitoring bodies‘.1 It is under this
mandate that the NHRI makes its submission to the Committee.
7.
3
The NHRI welcomes the following key developments in the protection of child
rights in Samoa:
The establishment of the Samoa Law Reform Commission (SLRC) in
2008. Under the Samoa Law Reform Commission Act 2008, the
Commission researches and analyses areas of law referred to it by the
Prime Minister, Cabinet or the Attorney General. It subsequently reports
its findings and provides recommendations for reform to the Prime
Minister and the Attorney General. The Commission has delivered
reviews of legislation in Samoa that are directly related to child rights,
including a review into the Child Care and Protection Bill currently
before Parliament;
The enactment of the Education Act 2009 which includes the prohibition
of corporal punishment in schools and which regulates the employment
of school-aged children;
The enactment of the Labour and Employment Relations Act 2013
which raised the minimum age for hazardous work to 18.
Samoa became a member of the International Labour Organization in
2005 and by 2008 had ratified all 8 fundamental conventions, including
the ILO 182 Convention on the Worst Forms of Child Labour.
With the assistance of the ILO, taking steps to ensuring a national
approach to preventing child labour, including the establishment of the
Child Labour Taskforce.
The Baseline Research on Child Protection in Samoa carried out in
2011 by Ministry of Women Community and Social Development in
collaboration with UNICEF (United Nation International Children‘s
Emergency Fund).
Understanding human rights in Samoa
8.
In order to understand children‘s rights in Samoa, it is important to understand
the relationship between fa’asamoa and broader international human rights
principles.
9.
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.
1
Ombudsman (Komesina o Sulufaiga) Act 2013, s 33(c)(iv). See s 33 generally for a full list of the
functions of the NHRI. Section 40 requires the NHRI to prepare an annual report of the state of human
rights in Samoa to be submitted to the Samoan Parliament by 30 June each year.
5