“Our research has not been able to discover any oral traditions or other
historical evidence to support the prohibition of women matai.”
‘Political representation and women’s empowerment in Samoa’, National University of Samoa,
Inquiry document 63
The current ban on female matais in some villages in Samoa is therefore not only unconstitutional,
discriminatory and a violation of human rights but also contrary to the Fa’asamoa. It is to the detriment
of the development of every family and community whilst it remains. This conclusion directly supports
the findings of the SLRC in its CEDAW legislative compliance review.23 The recommendations from that
report are supported by the Inquiry and reaffirmed below. The recommendations are founded on the
Fa’asamoa and human rights principles of equality and consensual dialogue and appear to be gaining
popular support among all groups in Samoan society, demonstrating that the mandate for change is now
present.
“The majority of submissions were in favour of allowing women matai to sit and
participate in the village fono. It was considered that women’s participation in
village governance is vital as they offer a unique perspective and can ensure the
decisions […] are fair and balanced.”
Samoa Law Reform Commission, CEDAW Legislative Compliance Review, Inquiry document 89
13.5.2 Parliament
Despite the quota system in Parliament introduced by the Constitutional Amendment Act 2015, female
representation in Parliament is currently nowhere close to gender parity. This has a detrimental effect on
decision making, the overall pace of development and the maintenance of gender hierarchies which
facilitate family violence. The lack of women in parliament and the consequences of this have been
acknowledged by the Government.
“Samoa recognized that the presence of more women in Parliament could
influence and bring greater sensitization to a more balanced discussion of gender
issues, as well as encourage a way forward to harmonise traditional and
customary practices with the law regarding women in politics and the
empowerment of women in general.”
Outcome document to Samoa’s 2nd Universal Periodic Review, Inquiry document 66
Whilst it is acknowledged that in the build up to the 2016 election there were considerable efforts to
encourage greater numbers of female candidates, and that this did have a limited effect, the raw numbers
show that only 10% of Parliament are women. Part of the reason for under-representation is linked to the
prohibition of female matais, thus preventing women from certain villages running for Parliament. A
23
See Samoa Law Reform Commission. (2016). Convention on the Elimination of All Forms of Discrimination Against Women
Legislative Compliance Review Final Report. Document 89 Inquiry anthology.
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