OFFICE OF THE OMBUDSMAN, SAMOA
Samoa’s Second Universal Periodic Review
21.
The Survey identified a common issue of children as street vendors. This
prevents children from attending school and places a significant emotional and
mental burden upon children.
Recommendation 13: That the Samoan Government ensure
enforcement of the Education Act 2009 to reduce the amount of
school-aged children working as street vendors.
22.
34% of Survey respondents witnessed domestic abuse against a child in the past
year.36 In the NHRI’s SHRR focus group discussions, participants often
discussed the rights of parents to physically discipline a child in whatever form
they choose.37 The norm of hitting as a form of physical punishment in Samoa
makes the line between discipline and abuse blurred. Children and parents often
accept violent punishment, not realising it is abuse.
23.
Sexual abuse and incest is condemned by both national law and within the
fa’asamoa. Despite this, the NHRI is concerned that sexual abuse and incest are
prevalent and there is a lack of information and statistical data on its nature,
extent and causes. The issue of broader family reputation plays a role in
underreporting, silencing the child victim and protecting the adult perpetrator.
Further, young children are not aware of where to report child abuse or incest.38
See Recommendations 7, 8 and 9
Recommendation 14: The NHRI should work with the Samoan
Government to investigate and develop child-friendly reporting
avenues for child abuse, sexual assault and incest.
3.3
Persons with Disabilities
24.
The NHRI would like to draw the Council’s attention to the following issues
regarding the rights of PWDs which present a particular problem in Samoa: equal
participation of PWDs in society; and physical, social and economic access for
PWDs.
25.
60% of the Survey respondents considered PWDs to have the right to
participation in society on an equal basis with others. However, there is a general
lack of awareness of what equal participation constitutes and its implications for
PWDs. For example, almost all participants felt PWDs should not marry.
Recommendation 15: That the Samoan Government conduct an
awareness raising campaign throughout society, particularly at the
family level and in rural areas, to foster respect for the rights and
dignity of PWDs.
36
The rate of abuse is likely higher as many Survey participants did not view physical discipline of children as child abuse.
Physical discipline is seen as an effective method of discipline that has been used over the generations.
38
SHRR schools survey qualifying data, notes on file with the NHRI.
37
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