decision is usually monetary based and a fine imposed on the perpetrator and their family. However,
these can lead to increased financial pressures upon a family which can serve to act as a trigger for further
family violence. Furthermore, victim blaming attitudes have been found to creep in to Village Fono
decision making, further demonstrating the urgent need for consideration of how Village Fonos can
sensitively and effectively play a role in protecting against family violence.
“One of the golden rules in our village is that pregnant unmarried girls get
punished. The punishment is 40 boxes of tinned fish and $2,000.”
Matai participant, Inquiry public hearings
This type of decision making fails to take into account the sexual entitlement engendered in some males
in Samoa which can lead to sexual assault and rape. Therefore a victim of rape may be further punished
by the Village Fono if she falls pregnant as a result of the violence inflicted upon her.
The Asau Village Fono has a zero tolerance for violence against women. To prove
they are serious, they have recently approved policies that will see men who
assault their wives banned from the village.113
Samoa Observer article
Another relatively common form of punishment as a result of serious family violence is ‘banishment’, and
with this comes very serious risk of increasing violence. Banishment usually does not apply to the
perpetrator alone but also to their family, often the very victims of the violence. This punishes the victim
but more worryingly means they all have to move to another village where their history is unknown and
the perpetrator is free to continue their abusive behaviour with even less scrutiny than before.
“Village Fono often requires that matters be raised with the Fono before being
raised with the police. This may actually deter the laying of complaints, especially
if the alleged perpetrator is a member of that Fono, and may also result in the
matter not being reported to the police.”
Samoa Law Reform Commission, CEDAW Legislative Compliance Review, Inquiry document 89
Another way in which Village Fono generally fails to protect against family violence is where villages
prohibit direct reporting of matters to the police. In this situation it is therefore not uncommon for a
victim of family violence to have to seek approval from the very person who carried out the violent act to
be able to approach law enforcement authorities. Even if the perpetrator does not sit in the Village Fono
it is still possible that reporting to the police is blocked because the perpetrator has close or family ties
with those sitting on the Village Fono. As a consequence, a victim may not even try to report a matter as
they know it will not go any further.
113
Refer to Samoa Observer. “Asau moves to protect women.” (5 January 2018). Retrieved from
http://www.samoaobserver.ws/en/05_01_2018/local/28509/Asau-moves-to-protect-women.htm.
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