Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
Samoan Government amend and present the Bill at the first session of
Parliament after the next election in March 2016.
5
Data collection
19.
The NHRI commends the government for the work it has begun in developing
a comprehensive system of collecting disaggregated data for the purposes of
human rights monitoring, including under the Convention. However, much
more work needs to be done in this area. The NHRI encountered a lack of
meaningful disaggregated data on the issue of incest and sexual abuse with
regards to children when preparing its SHRR. The data made available by the
Domestic Violence Unit (DVU) within the Ministry of Police was scant and
insufficiently disaggregated. The NHRI had to rely on caseload data from the
Non-Governmental Organisation (NG0), Samoa Victim Support Group
(SVSG), relying on case files relating to victims of sexual abuse and incest.
20.
The lack of information and statistical data regarding the high prevalence of
violence and its nature, extent and causes is a major concern and contributes
to lack of enforcement of child‘s rights in Samoa. It was particularly
disconcerting that the data made available by the DVU was scant and
insufficiently disaggregated. A government cannot claim to be dedicated to
ending violence if its own police force does not take seriously the collection of
statistical data on domestic and sexual violence disaggregated by sex, age,
nationality and relationship between the victim and perpetrator. In its report,
the SLRC also makes recommendations that institutions dealing with reports
of violence against children need to record and report disaggregated data in
relation to reports received and actions taken.9
Recommendation 3: That the Samoan Government ensures the Domestic
Violence Unit (DVU) (and all institutions dealing with reports of violence
against children) regularly collects statistical data on domestic and
sexual violence disaggregated by sex, age, region (urban/rural), and
relationship between victim and perpetrator.
6
General principles
6.1
Non-discrimination and best interests of the child
21.
Since the Committee‘s last Concluding Observations on Samoa, the
government undertook a number of reforms to ensure that the child‘s welfare
is protected and that measures and laws implemented in Samoa are in line
with principles of the Convention. In November 2008, the SLRC received a
reference from Cabinet on the Care and Protection (Protection of Children)
project (the Project). The Project commenced in February 2009 as an inhouse Project focussing on:
9
Samoa Law Reform Commission Final Report ‗Child Care and Protection Legislation, February 2013,
pg 26.
9