Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
in the previous year.56 The most common types of physical violence were
hitting, smacking, and slapping and the most common implements for hitting
were hands and sticks.57
62.
In village focus group discussions conducted by the NHRI for the SHRR,
participants often vehemently discussed the rights of parents to physically
discipline a child in whatever form they chose because it is viewed as an
effective method of discipline that has been used over the generations to
correct inappropriate behaviour and train children.58 It is seen as a practice
consistent with the Fa’asamoa.59Further, child rearing in Samoa is strongly
influenced by Christian practices and values.60 Thus, if the child does disobey
the parents or elders, it is common that they are physically and verbally
disciplined.
63.
Despite the high incidence of corporal punishment, the Samoan government
found that only 0.2% of respondents to their fieldwork on child protection61
consider corporal punishment to be an effective way to discipline a child.
Instead, positive discipline techniques such as good communication between
parent and child were considered to be the best way to discipline children.62 As
such, educating families on positive discipline techniques should lead to
acceptance of this as an alternative to corporal punishment.63
Recommendation 11: Corporal punishment in the family and community
should be addressed both through awareness raising and legislative
reform: The Samoan Government should be supported in their continued
efforts to advocate for zero tolerance of corporal punishment at the
village level64combined with further awareness-raising activities.
56
Ministry of Women Child Social Development, Child Protection Baseline 2013, available at:
http://www.mwcsd.gov.ws/images/stories/division-forwomen/2014/child%20protection/Samoa%20baseline%2027Nov.pdf [accessed 25 June 2015] at 10
and 17.
57
Ibid, at 18.
58
This is viewed not only for ‗stopping cheeky behaviour‘ but also for teaching wrong from right,
particularly as laid out in Proverbs 22:6, ―Train up a child in the way he should go, and when he is old
he will not depart from it.‖
59
Input from qualitative responses to school Survey located on file at the NHRI.
60
For example, many village participants paraphrased Proverbs 13:24, ―Spare the rod, spoil the child.‖
61
Adults, children and community and church leaders; Ministry of Women Community and Social
Development ―Child Protection Baseline Report for Samoa
2013‖http://www.mwcsd.gov.ws/images/stories/division-forwomen/2014/child%20protection/Samoa%20baseline%2027Nov.pdf [accessed 3 September 2015]
p18
62
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] at 19
63
Ibid at 18
64
Ministry of Women Community and Social Development, Consolidated Second, Third and Fourth
Periodic Report on the Implementation of the Convention on the Rights of the Child, available at:
http://www.mwcsd.gov.ws/images/stories/PUBLICATIONS%20WEBSITE/2014/CRC%20Report%202
013/1.CRC%20Second%20periodic%20report%20FINAL.pdf [accessed 25 June 2015].
20