INQUIRY FINDING 32: Data collection on family violence is sub-standard, not
disaggregated and routinely misreports the true scale of the problem,
undermining the few efforts to combat it.
9. Protection Framework
9.1 Legislative framework
Since signing the CEDAW, legislative reform has been impressive, demonstrating a will in some quarters
for progressive reform and the positive influence being party to the international human rights
conventions can have.
The legislative framework around family violence is the one area the Inquiry found to be reasonably robust
and this opinion was widely shared.
“Samoa’s legislation is mostly compliant with the (CEDAW) Legislative
Compliance Indicators concerning family violence.”
Samoa Law Reform Commission, CEDAW Legislative Compliance Review, Inquiry document 89
Inquiry Info Point 15: Key Family Violence Legislation and Laws in Samoa
Constitution of the Independent State of Samoa 1960: The Constitution contains
guarantees of a range of rights for all citizens, including the right to life (article
5), right to personal liberty (article 6), freedom from inhuman treatment (article
7), right to a fair trial (article 9), and freedom from discriminatory legislation
(article 15).
Sex Offenders Registration Act 2017: Requires people who have been convicted
of sex crimes to provide police with their details and keep them informed of their
whereabouts
Village Fono Act 1990 and Village Fono Amendment Act 2017: Establishes the
authority of Village Fonos to enact by-laws and stipulates the consideration of
customary practices in sentencing.
Criminal Procedure Act 2016: Allows the use of video evidence to protect victims
of family violence.
Family Court Act 2014: Establishes the Family Court as a Division of the District
Court.
Family Safety Act 2013: An act to provide for the greater protection of families
and the handling of violence related matters. Allows for protection orders to be
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