is imperative that a thorough impact assessment is first carried out to ensure the safety and well-being of
victims and to ensure the process enables them to gain the justice they deserve.
15.2.3.3
Referral Agencies
Mediation services are, without exception, provided by NGOs and the courts rely heavily on such
programmes for perpetrators and victims alike from the Harvest Centre’s Teen Challenge to SVSG’s range
of programmes including anger management and drug and alcohol abuse. There is nothing wrong with
this, per se, but there is nothing by way of monitoring of standards of the services that are provided. There
is therefore a very real risk that victims are placed at risk of further harm again through ill-judged
counseling, or ineffective programmes for perpetrators which lessen sentences but have little effect on
behaviour. If the Government is going to rely on external agencies to provide key services in relation to
family violence it needs to take responsibility for ensuring the standards of those services.
15.2.3.4
Ifoga and Character References
The use of character references and ifoga in determining sentences was found to be extremely
problematic by the Inquiry due to the very real risk it would absolve perpetrators of past undetected
further abuse or would violate the rights of the victim. It was found that the ifoga was a Fa’asamoa
construct for the harmony and social cohesion of the village and should remain solely in that realm.
Furthermore, the use of character references often either ignored past behaviour, was given out of a
sense of duty or was likely given in solidarity by a person with a vested interest in retaining the patriarchal
nature of society.
“I am one of the people who have provided character references for
perpetrators of family violence. The church minister has done the same. I cannot
really say no."
Matai participant, Inquiry public hearings
The inherent and very real risks the Inquiry found in the use of both the ifoga and character references in
sentencing point to the need to ensure that these things do not de-track the hammer of justice from
falling adequately upon the person of the perpetrator.
RECOMMENDATION 28: Strengthen the justice system to ensure equal access to
justice, adequate standards of services and for the judiciary to proactively
consider risks of ifoga and character references on victims of family violence.
Establishment of Community law Centre with sufficient resources to meet
national need for legal aid provision and awareness raising.
Impact assessment on the use of mediation in family violence cases and
its discontinuation if any potential further harm to victims is identified.
Standards for referral services established and regularly monitored.
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