Introduce mandatory reporting to the Police by the Fono and/or Village
Family Safety Committee.
Empower the Village Family safety Committee to monitor protection
orders and parole in relation to family violence.
15.3.2 Individual cases
Samoa is fortunate to have the Village Fono system and this can substantially strengthen the Westminster
style of government. The role of the Village Fono is different to that of the formal criminal justice system
in that it is intended to ensure the social cohesion, harmony and development of the village. Therefore,
any role in relation to dealing directly with individual cases of family violence must focus on this.
It must be reiterated that any such direct role must only be undertaken by a VFSC, at least in the interim,
given the high prevalence of matai perpetrators and the issues that gives rise to. Once such a Committee
is established, one role they can easily provide is in the provision of shelter for victims of violence in their
hour of need once a matter has been reported to them. For many victims of violence, finding a safe haven
for themselves (and their children) is essential for avoiding further abuse. This is a well-known function in
Samoan society and is embodied in the Fa’asamoa principle of malupuipuia (being protected). At a time
when that protection is not possible within their usual place of residence, it should fall upon the VFSC to
arrange for this obligation to be met. The Inquiry was heartened to hear how this is already implemented
in some villages.
“In our village if there is a fight and someone is physically beaten, they may find
sanctuary in the pastor’s house, which is often the designated sanctuary in the
village. The perpetrator is forbidden to enter this place. Not only the house of the
pastor, but also the houses of leading matai or chiefs of the family and the village,
may be designated sanctuaries.”
Matai, Samoa people’s understanding of primary prevention of violence against women, Inquiry
document 91
The second direct role the FVSC can play is in adjudicating in matters of family violence where the decision
is then ratified by the Village Fono. Whilst the formal criminal justice system focuses solely on the
individual perpetrator the village system has the benefit of being able to consider the wider community
in coming to a punishment and resolution.
Should a village decide to take an active role in matters of family violence consideration should be given
to the establishment of by-laws that regulate punishments so as to avoid further harm and ensure
consistency.
Punishments handed out by the Village Fono currently are monetary based and often substantial. In the
extreme, banishment is ordered. Both approaches further the risk of increased family violence – the first
through increased financial pressures and the second through moving violence from one village to another
and allowing it to continue hidden from sight.
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