Office of the Ombudsman, Samoa‘s National Human Rights Institution Submission to the Committee on the Rights of the Child – September 2015 9.2 Child abuse, including sexual abuse and incest 64. Samoa has failed to implement the Committee‘s recommendations 42 and 43 from the Committee‘s Concluding Observations, and therefore cannot be said to be meeting its obligations under Articles 19 and 34(a) of the Convention. This is because current legislation does not fully address all aspects of child protection and because there is inadequate implementation of existing protection and reporting legislation. 65. Over one-third (34%) of respondents to the Survey witnessed domestic abuse against a child in the past year, although the rate of abuse is likely higher as many village participants did not view excessive discipline of children as a child abuse issue.65Further, school children‘s responses to the Survey indicated that child abuse is common in villages66. In terms of verbal abuse, almost half (46%) of adults surveyed by the Government have had a child within their household talk to them about being called an inappropriate name by an adult within that household.67 The majority of names consist of general swearing following by the words ―stupid‖ or ―lazy.‖68 Almost three-quarters (74%) of children indicated that this made them feel angry, sad, unsure, uncomfortable or scared.69 This was corroborated by the Survey where a number of school children indicated that physical and verbal abuse causes depression and trauma for children.70 66. Sexual abuse and incest is a crime under national law.71 It is also condemned within Fa’asamoa.72 Despite being forbidden within the law and culture, this is an issue that persists and the NHRI is concerned that it is becoming increasingly common, particularly given the lack of information and statistical data on its nature, extent, causes. The NHRI‘s SHRR research uncovered the occurrence of sexual abuse and incest (despite not directly asking survey participants about this issue).73 This is corroborated by Police and Court records indicating a ―relatively high number of offences of incest and sexual 65 The Survey defined abuse as treatment of a person with physical or emotional cruelty or violence, especially regularly or repeatedly. 66 It is unclear if the abuse they are experiencing is being described as occurring at home or within the school or both. 67 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 18. 68 Ibid at 18. 69 Ibid at 17. 70 Input from qualitative responses to schools Survey on file at the NHRI. 71 Crimes Act 2013, s. 55. 72 UNICEF, A situational analysis of children, women and youth, available at: http://www.unicef.org/pacificislands/ Samoa_sitan.pdf [accessed 25 June 2015] at 8. 73 Qualitative survey data – villages and schools. 21