“Village Fono often requires that matters be raised with the Village 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 Village 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 For those living in villages where this is the case it represents a significant barrier to reporting matters to the police and being able to gain access to justice. Regardless, in villages where this requirement does not exist, victims are still often dissuaded from reporting to the Village Fono because of heavy penalties which their family will have to bear and potentially because they know there are perpetrators sitting on the Village Fono, who are unlikely to afford the matter objective consideration. The Village Fono must work to reverse this situation so that they are actively encouraging and facilitating the reporting of family violence matters to the police. The Village Fono is an extension of the State and so if it becomes aware of matters of family violence it should also adhere to the ‘no drop’ policy that has been determined beneficial for Samoa. Not only should it be mandatory that any family violence matter that comes to the attention of the Village Fono be reported to the police, but the Village Fono should also proactively encourage or require those within their village who are aware of such happenings to report matters to them. The Village Fono also has an important role to play in cases which are part of the formal criminal justice system, whether it has been reported through them or not. The enforcement of protection orders is a difficult job for the police in terms of resources and logistics. The Village Fono is naturally well-placed to support the enforcement of such injunctions. However, the reality is that currently many matai sitting in Village Fonos’ are themselves perpetrators so the recommendation of the Inquiry is to only afford this responsibility to VFSC, which have been established through a process that ensures all members are nonperpetrators. The same role can be played in relation to those out on parole. RECOMMENDATION 29: Amend the Village Fono Act 1990 to specifically list Family Violence as an area of concern for the Village Fono. RECOMMENDATION 30: Empower the Village Fono and Village Family Safety Committee to play a role in bringing perpetrators of family violence to formal justice.   Abolish the requirement to report family violence to the Village Fono before the police in villages where this is the case. Introduce by-laws to encourage reporting of family violence to the Village Fono.

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