monitor children at risk of violence and apply for court protection orders if necessary. If a child was
deemed to be taken into custody then the costs would be borne by the Government and it appears that
this is the biggest stumbling block. However, the Inquiry has already found that the cost of not addressing
family violence in this manner amounts to millions, irrespective of the moral and legal argument that
Government has a responsibility to intervene when a child is at risk.
The commendable legislative reform programme that has been achieved since the ratification of CEDAW
is unfortunately not matched by its implementation and the Inquiry found various examples of a lack of
awareness or willingness meaning that the legislative reform had little to no impact. As the Attorney
General commented in his evidence to the Inquiry, “the application of the law will depend on social
attitudes”. A good example is the ‘no drop policy’ in relation to complaints of domestic violence made to
the Police provided under the Family Safety Act 2013 sections 15 and 16. In theory such provisions are a
good way to introduce accountability for perpetrators, to act as a deterrent and to send a message to
society that it will not be tolerated. However, application of the policy appears to be patchy and the
officers who gave evidence to the Inquiry demonstrated varying degrees of understanding of the policy
and willingness to apply it. Some fully supported and implemented it, whilst others had not heard of it or
believed it to not yet be in force.
The lack of implementation of the programme of legislative reform appears to derive from a lack of
understanding or knowledge among law enforcement officials and the general public, and an
unwillingness to abide by it because it contradicts engrained social attitudes.
“Notwithstanding these developments (legislative reform), acceptance of family
violence still exists and presents a real challenge in reducing this issue.”
Savalenoa Mareva Betham-Annandale, Family Law Barrister and Solicitor, Inquiry public hearings
This conclusion lends greater weight to the Inquiry finding that current Government policies and
programmes do not sufficiently address the root causes of family violence.Furthermore, whilst the
programme of reform has indeed been commendable, there has been no M & E of any impact. It appears
that for some decision makers the law is a means to an end, and that end might simply be giving the
impression of social progress. If the Inquiry is wrong in this conclusion, then there should be no problem
with reviewing the approach to implementation to identify why it has been slow to date and establishing
an effective M&E framework to ensure effectiveness.
INQUIRY FINDING 33: Samoa’s family violence legislative framework is
relatively strong, but implementation and monitoring of effectiveness is weak
or non-existent.
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