Office of the Ombudsman, Samoa‘s National Human Rights Institution Submission to the Committee on the Rights of the Child – September 2015 Recommendation 26: That the Samoan Government develop systematic and regular educational and vocational programs for juvenile detainees with the aim of rehabilitating juvenile detainees and successfully integrating them back into society. 11.5 Fa’asamoa, juvenile justice and other identified issues 98. The fa‘asamoa has long played an important role in detention facilities in Samoa and it is important to detail how it still contributes to the safety and security of juveniles held within Oloamanu and Tafaigata. 99. In each facility, the Corrections Management selects a matai (chief) for each cell based on maturity and leadership skills of the prisoner. In Oloamanu, one matai is based there permanently (taken from Tafaigata). The matai is seen as a leader and mentor to prisoners who assist with resolving any minor issues/disputes among the prisoners and raises any concerns they might have with facility staff and vice versa. They also teach and mentor juveniles in the fa’asamoa, teaching them about feavaa‘i (mutual respect), alofa (love) and fepuipuia‘i (mutual protection). The social framework that this provides juvenile detainees undoubtedly helps with rehabilitation, lowers rates of recidivism and improves safety and security within the facilities. The NHRI supports the integration of fa’asamoa and detention centre management and welcomes the Commissioner of Prisons and Corrections Services recent stated commitment to ensuring its retention and application. 100. The NHRI is concerned about the use of the matai system to strengthen the safety and security within juvenile detention – that it could lead to prisoners not being able to make a complaint through the formal channels in accordance with Rule 75 of the Havana Rules. The NHRI welcomes the introduction of a formal complaints mechanism to coexist alongside the matai system, implemented shortly before the inspection of Oloamanu Juvenile Centre. The NHRI will continue to monitor the effectiveness of this dual system through its inspections. 101. The NHRI is compelled to highlight a concerning incident which occurred in October 2014. It was reported in the media that a 3 year old child had been locked up inside a police custody cell alongside his father, who had been arrested for motoring offences.117 This is in contravention of Article 37 (b) of Convention which clearly states that no child shall be deprived of their liberty unlawfully or arbitrarily. 102. The NHRI undertook an investigation into the circumstances of the case and produced a report highlighting this as a breach of Article 37 (b).118 The report called for the demotion of the culpable officers and a review of the culture within the Police force which contributed to the unlawful detention. These 117 Samoa Observer ‗Three year old locked up in police cell‘, 2 October 2014 at http://www.samoaobserver.ws/home/headlines/11776-three-year-old-locked-up-in-police-cell [accessed 10 September 2015]. 118 Report can be found at http://www.samoaobserver.ws/other/legal/11911-father-police-failed-boy32