A clear picture emerges that where human rights are being violated, so is the Fa’asamoa and religious
values. Without exception, the case studies include violations of all three and highlight that if one of
the frameworks was being adhered to, then the rights and values contained within the others would
also be met.
All three value systems are rooted in principles of human dignity, respect, equality, love and nondiscrimination. But more importantly it is the way in which these values are put into practice that
shows the true synergy between the three.
Human rights are based on the notion of rights and responsibilities – you cannot have rights without
the responsibility to uphold the rights of others. It is often argued in Samoa that the CRC grants
children unlimited and unfettered rights to do as they please but this is not the case. The CRC affirms
the responsibility of parents and guardians to raise and discipline children. It provides a framework
and set of standards which ensure that this is done in the best interests of the child.82 These standards
aim to prevent abuse or neglect and provide the mutual protection demanded by the Fa’asamoa.
Children, by way of return, must behave within the confines of the law and similarly respect the rights
of all adults contained within the various human rights instruments. If a person does not meet their
responsibility to do so then the rights of others will be threatened.
Similarly, most concepts within the Fa’asamoa are based on reciprocity and mutuality. Mutual
protection cannot be achieved by one person alone; it requires people to meet their own
responsibilities towards one another to enjoy the protection the Fa’asamoa affords them. When it is
not a two way process, abuse and violence can occur, as described above. The same is true of Faith
where we are told to “love one another, for love comes from God.”83
The relationship between Faith and the other two is clear in many respects too. A good example is in
relation to the principle of soalaupule (consensual dialogue) which is founded on the idea that the
more people involved in a decision the wiser it will be. It was highlighted to the Inquiry that “Jesus in
his own public ministry utilised this value to enhance the spirituality of his disciples and those who
were oppressed in his own society. Jesus dialogued with people like Zacccheus, the Samaritan woman
at the well, and the young lawyer to liberate them from their own narrow-mindedness”84.
All three value systems also have primary duty bearers. In the case of human rights it is the State, in
the case of the Fa’asamoa it is the Village Fono and the Sa’o (principal matai), and in Faith it is through
God’s messengers. They are therefore founded on the same principles, operate in the same manner
and have similar enforcement mechanisms. By strengthening one (either by increasing application of
the values or improving the enforcement mechanism), the commonalities mean the other will
naturally be strengthened too.
82
See Article 18 of the Convention on the Rights of the Child. See also UN Committee on the Rights of the Child. (2011).
General Comment No. 13 on the right of the child to freedom from all forms of violence. CRC/C/GC/13. Retrieved from
http://www2.ohchr.org/english/bodies/crc/docs/CRC.C.GC.13_en.pdf.
83 1 John 4: 7-8.
84 Mercy Ah Siu-Maliko. (2016). “A Public Theology Response to Domestic Violence in Samoa.” International Journal of
Public Theology. Otago University, Dunedin, New Zealand. pp. 54-67. Document 39 Inquiry anthology.
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