Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
three factors contributing to the lack of understanding of the true meaning of
children‘s rights in Samoa.
1. Some Samoans believe human rights give children the freedom to
misbehave and disobey their parents. This may be as a result of the
translation of the term ‗human rights discussed above;
2. The traditional status of a Samoan child within the family is that the
child must obey and do as s/he is told by their parents without further
discussion;
3. Children themselves are confused about what is meant by human
rights. Some children believe human rights give them the right to do
what they want without any limitations. This attitude reinforces concerns
raised by parents who blame human rights for their children
misbehaving.
15.
Ultimately, there needs to be continued education on human rights in Samoa,
including the relationship between fa’asamoa and international human rights.
The SHRR was an initial step in addressing this issue. The NHRI will
endeavour to implement its human rights education and outreach mandate so
that all Samoans are aware of the true nature of human rights and are able to
adequately access and enforce their rights as human rights holders.
16.
However, the NHRI believes that the government needs to assist the NHRI
more in tacking the misconceptions that exist in Samoa regarding human
rights, including children‘s rights. This assistance could be in the form of
awareness campaigns run by government ministries, such as the Ministry of
Women, Community and Social Development, in conjunction with the NHRI
which seeks to inform Samoans, especially rural communities, about basic
human rights principles, including those under the Convention.
Recommendation 1: The NHRI reaffirms the Committee’s
recommendation from its 2006 Concluding Observations.
That the Samoan Government continues to strengthen its efforts to
ensure that the provision and principles of the Convention are widely
recognised and understood by adults and children alike. In this regard, it
encourages the Government to continue to disseminate and raise
awareness of the Convention among children, their parents and other
caregivers and all relevant professional groups working with and for
children. The Committee also invites the State party to engage with
community leaders, including church leaders, in discussion on
children’s rights in the context of Samoan culture, with a view to
bringing about further changes in the attitudes and behaviour of these
key opinion leaders in society
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17.
Definition of the child
Inconsistencies exist within Samoan legislation regarding the definition of the
child and which are inconsistent with Article 1 of the Convention. In February
2013, the SLRC issued its final report on the Child Care and Protection
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