“We have to work with the community because the court is only at the end (of the process). When the perpetrator is reintegrated back into society we need to know they will continue to change. We need to seek the views of those leaders in the community to help the court.” Judge Talasa Lumepa Atoa Sa’aga, Family Violence Workshop, Apia, November 2017 Their focus on rehabilitation means that the courts require partnerships and an effective referral network of NGOs and services for victims and perpetrators of family violence have been developed. Regular collaboration occurs between the courts, MJCA (probation services), community justice supervisors, SVSG, Teen Challenge, the SRCT and the churches. For many years the courts have been referring perpetrators to the programmes run by SVSG and successful completion of these can be taken into account during sentencing. The Inquiry commends the achievements of the justice system to date in the progress it has made and how a few committed individuals have come together to demonstrate, that it is possible to form a prevention and protection system which is rooted in culture. Continual improvement is now required to build on these early successes as a number of notable barriers and challenges still exist. 9.2.4.2 Barriers to justice For many in Samoa, the justice system is simply not accessible, and this represents a huge barrier to justice and in turn to holding those responsible for family violence to account, and bringing an end to the age of impunity. “I wonder what services are available to those victims of domestic violence, who have no money, no source of money or are not as educated as my victims are, who cannot afford a lawyer, who do not understand the laws and are not aware of who to report an incidence of domestic violence to, and where to apply for a protection order?” Savalenoa Mareva Betham-Annandale, Family Law Barrister and Solicitor, Inquiry public hearings MJCA reports that the majority of victims of family violence are women and they are legally unrepresented,110 making access to justice especially difficult. For instance, for protection orders to be granted historical abuse should be documented and evidenced to meet the burden of proof and for most people this would be unrealistic without legal assistance. In recognition of this, the Community Law Centre Act 2015 provides for the establishment of legal aid for victims who cannot afford legal representation. However, it has yet to be made functional due to funding issues – another example of the lack of investment and commitment in addressing family violence. Savalenoa also raises the issue of awareness and the Inquiry has already found that awareness of particular laws and legal services is limited across Samoa. This basic lack of understanding is yet another barrier to family violence being reported, perpetrators being held to account and inroads made into its 110 MJCA Inquiry public hearing presentation. Document 32 Inquiry anthology.