3 7. NHRI Samoa needs to work with the government authorities on modalities to press and follow up the implementation of SHRR recommendations after the submission of reports to Parliament. 8. The NHRI Samoa establishment is a small office comprised of 12 staff, only 4 of which deal primarily with the human rights mandate of the office. NHRI Samoa continues to face issues of human resources, limited budget and expertise in certain areas of human rights. These hamper NHRI Samoa’s ability to effectively implement and monitor its work. Article 2: Access to justice and remedies 9. NHRI Samoa acknowledges commendable progress achieved by the justice system in matters affecting women such as family violence. However, issues concerning access to justice, community awareness and the use of customary practices in sentencing require continuing attention. 10. Many victims of violence do not access the justice system in Samoa. Lack of awareness about services and laws prevent women from receiving the proper help they need. Other issues requiring continuing attention include the use of mediation without full risk assessments and lack of Monitoring and Evaluation to ensure no further harm is caused to the victim; as well as the use of character references and ifoga (traditional apology) as mitigating factors in sentencing. With respect to family violence the consideration of these, particularly the latter are problematic. 11. The objectivity of character references routinely sought by perpetrators is highly questionable. Traditional ifoga is invaluable in averting potential disruption to peace and harmony among community or kinship factions from events such as domestic violence. However, the situation of individual abused women vis a vis individual perpetrators run the risk of relegation to secondary consideration. Where the hammer is seen not to fall squarely upon the nail, injustice is felt, and inadequate accountability perceived, for abuse endured. In reality, harmful habitual perpetrator conduct may continue with impunity. 12. NHRI Samoa considers access to justice and the maintenance of adequate services standards would be greatly improved by the establishment of the often discussed Community Law Centre with adequate resources to meet the need for legal aid and advice. The Judiciary no doubt as a matter of course will consider the risk factors pertaining to the impact of ifoga and character reference mitigation on victims of family violence. 13. These issues are further discussed with recommendations in the Inquiry report (See Recommendation 28). Article 3: National machinery for the advancement of women