  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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