development of all people within his extended family. That is the whole purpose
of why matais exist”.
Matai participant, Inquiry Public Hearings
However, the data82 suggests that matters are not being reported to the Village Fono yet family violence
is worse than it has ever been – strong evidence that matais, in general, are failing in their duties.
“Getting a matai title is thought not to be the sacred thing it once was and anyone
can get one and once they do they think they rule their people and families.”
Inquiry consultations participant, Inquiry public hearings
Before coming to a judgement on whether matais are meeting their responsibilities in relation to family
violence, it is important to separate the protection and prevention elements. The Report has already
outlined how the role of the matai is not well suited to the protection of individual victims of family
violence. They do not have the requisite skills and knowledge to provide the care and support required to
both victim and perpetrator to aid rehabilitation for one and recovery for the other. It is not realistic to
expect this to ever be the case. However, the role the matai should play is bringing both victim and
perpetrator to the right people so that this support can be provided, whether that is through the Village
Fono or referring the matter directly to the Police. Due to the cultural context, they are viewed as failing
if matters spill outside the family unit and their response is therefore to try to suppress the matter in any
way they can. This puts the victim at further risk and ensures the matter continues. This situation must be
put to an end immediately. Matais must begin to understand their role in matters of family violence as
facilitating access to the required services for both the victim and perpetrator, and in consultation with
both individually.
In relation to the prevention of family violence matais are generally failing by the simple fact that many
are perpetrators of violence themselves, higher than the national average.83 In order to prevent family
violence, matais need to send a clear message of no tolerance and to provide practical guidance on how
to live peaceful, non-violent lives. This is simply not possible if they are not leading by example.
During the Inquiry consultations it was raised on a number of occasions that the quality of matais is in
decline. The reason for this was suggested to be that as Samoa has moved to a cash economy, chiefly titles
have become inherently linked to land and money, rather than serving one’s family. This corrupted view
of what it is to be a matai has led to a culture of power and demanding respect, rather than one of service.
Consequently, another of the protection mechanisms against family violence has become obsolete.
82
Ministry of Women, Community and Social Development. (2017). Samoa Family Safety Study. Document 46 in Inquiry
anthology, accessible at www.ombudsman.gov.ws.
83 Police v Leota [2017] WSSC 113 (8 August 2017). Retrieved from http://www.paclii.org/cgibin/sinodisp/ws/cases/WSSC/2017/113.html?stem=&synonyms=&query=title(Police%20and%20Leota%20).
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