“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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