Constitution of the Independent State of Samoa 1960 ( Art 5 Right to Life, Art 6
Right to personal Liberty, Art 15 Freedom from discriminatory legislation, Art 9 & 10
Right to a fair trial)
Family Safety Act 2013
Crimes Act 2013
Village Fono Act 1990
Infants Ordinance 1961
Ombudsman Act 2013
Family Court Act 2014
4. MATTERS TO BE INVESTIGATED
In reviewing the available research, data and work by the Office on the broad issue of
domestic violence, the Office considers it appropriate for the special perspective of the
Inquiry to be the Samoan aiga (family), be it communal or small unit. The primary focus will
be on women and girls with attention also on the impact of violence on the upbringing of
children in Samoa and on the lines of marginalized individuals.
The definition of “family” may include all members of a Samoan aiga living in a
typical communal or small unit setting.
The definition of “violence” may include:
o sexual violence/abuse (includes rape, unwanted sexual connection, incest,
indecent assault or carnal knowledge);
o physical abuse (includes punching or hitting or slapping or kicking any part of the
body throwing or struck with a stick, rocks or other objects, cut, hair pulled,
burnt choked, killed, stabbed);
o verbal abuse (includes threaten to be killed, swearing, belittling); and
o any other controlling or abuse behaviour where such conduct harms or may
cause imminent harm to the safety, health or wellbeing of a person.
The following are some of the matters that the inquiry will focus its investigation on.
They will include but not limited to:
Identify who are the victims of family violence
Who are the most vulnerable to violence within a family context
The nature of violence experienced by the victims
The severity and level of impact of family violence
The root causes and contributing factors to the occurrence of family violence
Who are the first responses to family violence complaints and
how effective are their
responses (examining their roles and responses to complaints)
Measures and initiatives established
to combat the issue and how successful or effective
have they been implemented
What services are available to victims after the violence
What legal methods
are in place and how effective are they in protecting victims of
family violence
7 National Public Inquiry Background Paper| Office of the Ombudsman
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