3. National Public Inquiry into Family Violence
3.1
Focus
In 2014, the Office undertook an analysis of existing systemic human rights issues to determine priority
areas of work. Violence emerged as the most urgent and widespread issue in Samoa.3 Therefore, the
Office decided that the most effective approach for such a complex systemic human rights issue would
be a National Public Inquiry.
Due to the broad scope of violence in Samoa, the Office chose to focus its first Inquiry on ‘Family
Violence’ with emphasis on violence against women and girls and the impact of violence in the
upbringing of children. It will also address the impact of family violence on any other vulnerable groups
identified during the process. For the purposes of the Inquiry:
“Family” means all members of a Samoan aiga (family) living in a typical communal or small
unit setting.
“Violence” covers all forms of violence such as emotional/physiological, physical, sexual and
financial. In addition, it also includes “any other controlling or abusive behaviour where such
conduct harms or may cause imminent harm to the safety, health or wellbeing of a person.” 4
3.2
Terms of Reference
The Terms of Reference (ToR) of the Inquiry was determined by the Chairman of the Inquiry in
consultation with stakeholders and consist of:
i.
ii.
iii.
iv.
v.
vi.
To inquire into and identify those most vulnerable to family violence and the nature of the
violence experienced;
To inquire into and determine the causes and factors contributing to the occurrence of family
violence;
To inquire into and identify the impact of family violence;
To inquire into and scrutinize the relevance, effectiveness and scope of the existing
programmes and services involved in addressing the problems faced by survivors of family
violence;
To inquire into existing structures and institutions (e.g. church and Fono a Alii ma Faipule) with
potential to contribute to identifying solutions and effective actions to curb family violence;
and
To report on findings and make recommendations.
3.3
The Commissioners
The Inquiry Commissioners are ultimately responsible, on behalf of the NHRI, for the conduct of the
Inquiry and for its reports and recommendations. It is of the utmost importance that the right people
are selected for the role. In appointing the Commissioners consideration was given to the relevant
3
See Samoa Office of the Ombudsman/ NHRI. (2015). State of Human Rights Report 2015: For Samoa by Samoa. Apia:
Government Printers.
4 See section 2 of the Family Safety Act 2013.