OFFICE OF THE OMBUDSMAN, SAMOA
Samoa’s Second Universal Periodic Review
26.
While many of Samoa's laws and policies related to PWDs are in line with
relevant international human rights law, Samoa has to make further efforts to
implement these properly. In education, anecdotal evidence points to disabled
children getting insufficient attention and poor treatment from teachers, resulting
from low capability and training of teachers regarding students with disabilities.39
In employment, only 2.4% of PWDs engage in paid work outside the home and
37.8% do not work.40 For example, the Samoan Government’s apprenticeship
programmes currently make no effort to cater to the specific needs of PWDs.
Recommendation 16: That the Samoan Government sign and ratify
ILO Convention 159 - Vocational Rehabilitation and Employment
(Disabled Persons), 1983.
Recommendation 17: That the Samoan Government, in collaboration
with the NHRI, develop workshops for teachers on PWDs and human
rights, including strengthening inclusive education.
Recommendation 18: That the Samoan Government review the
accessibility of their vocational training programmes and
recommend how they can be made more inclusive.
3.4
Criminal Justice System
27.
The NHRI welcomes recent developments in the criminal justice system including
the establishment of an independent monitoring mechanism for places of
detention41, the establishment of a Youth Court42, and a range of reforms
enacted through the Prisons and Corrections Act 201343. In the course of its first
program of inspections44 the NHRI also commends the use within the penal
system of traditional cultural values and the Matai (chief) system, resulting in a
uniquely Samoan approach to prisoner management and rehabilitation. 45
28.
However, there are substantial and grave concerns relating to the treatment and
conditions within places of detention in Samoa. The most pressing issues relate
to the lack of a system of categorization46, children being housed with adults,
overcrowding47, serious failings in relation to water and food48, health49, the
39
Survey and focus group qualifying data, notes on file with the NHRI.
Adult Disability Identification Census 2002; supported by SHRR consultation and focus group qualifying data, notes on file with
the NHRI.
41
The Ombudsman Act 2013 established the Office as the NHRI and Section 33 (e) requires the NHRI ‘to visit all public and, subject
to section 48, private places of voluntary and involuntary confinement or detention’.
42
Youth Offenders Act 2007
43
Including a defined induction process for detainees, medical treatment standards and a system of categorisation, amongst other
provisions.
44
Conducted in January 2015. The subsequent report entitled NHRI ‘Detention Centre Inspections Report’, June 2015, can be
found at www.ombudsman.gov.ws
45
Note 44, p 6.
46
On the day of the visit to Tafaigata it was noted that a disabled prisoner (blind) was housed together with other prisoners and
prisoners with civil offences and/or minor criminal offences were housed together with other prisoners with serious criminal offences.
Note 44, p 15.
47
Note 44, p 11, The inspections found in excess of 30 detainees per cell measuring c. 3.5m x 5m in the main prison at Tafaigata.
Some of the detainees in custody reported that they had not been allowed out of their cell for up to 2 months.
40
10