OFFICE OF THE OMBUDSMAN, SAMOA
Samoa’s Second Universal Periodic Review
14.
The Samoa Family Health and Safety Study found that 46.4% of women
surveyed22 reported experiencing violence23 by an intimate partner and 70% of
women consider there to be some justification for domestic abuse.24 According to
the Survey, 39% of participants saw abuse against women and girls in their
village in the past year.25 Many Samoans believe Fa'asamoa and human rights
conflict here, with Fa'asamoa permitting husbands to beat their wives.26 The
normalization of violence within the home must be addressed with all genders
and ages. Samoa has taken measures to address this issue with the passage of
the Family Safety Act (FSA) 201327, but there is limited public knowledge of this
law and how to engage in the legal proceedings it entails.
Recommendation 7: That the Samoan Government work with village
councils, relevant authorities and engaged NGOs to increase public
awareness of the FSA and how to engage in its legal proceedings.
15.
The Survey found that only 25% of participants who witnessed abuse against
women and girls in their village in the past year reported it. The widely held belief
that family differences, such as domestic violence, should be settled within the
family, helps foster a 'culture of silence' on the issue within villages.28 Further,
there is a lack of protections for those who report domestic violence29 – the FSA
provides no protections for non-victims who report abuse, which may contribute
to the low rates of reporting of domestic violence.
Recommendation 8: That the Samoan Government review the FSA
for the inclusion of protections for persons who report incidence of
violence, including sexual violence.
16.
The lack of information and disaggregated statistical data regarding the
prevalence of violence against women and its nature, extent and causes is a
major concern and contributes to lack of enforcement activities.30 The Samoan
Government must take seriously the collection of statistical data on domestic and
sexual violence disaggregated by sex, age, nationality and relationship between
the victim and perpetrator.31
22
Aged 15 to 49.
Physical, emotional and/or sexual.
24
Including if she is unfaithful, does not do the housework well, or disobeys him; see Samoa Family Health and Safety Study (2007)
available via the Secretariat of the Pacific Community, at
[http://www.spc.int/hdp/index.php?option=com_docman&task=cat_view&gid=41&Itemid=44] accessed 9.9.15.
25
The Survey did not distinguish between formal and informal methods of reporting.
26
Village consultation and focus group data on file with the NHRI.
27
Which provides for greater protection of families and the handling of domestic violence and related matters (Family Safety Act
2013, Part II (Protection Orders)
28
See United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), Concluding Observations of
the Committee on the Elimination of Discrimination against Women: Samoa, 7 August 2012, CEDAW/C/WSM/CO/4-5, available at
http://daccess-dds-ny.un.org/doc/ [accessed 29 May 2015].
29
Village consultation and focus group data on file with the NHRI.
30
It was particularly disconcerting that the data made available by the Domestic Violence Unit of the Ministry of Police was scant
and insufficiently disaggregated. Despite several attempts from the Office we were unable to obtain any meaningfully disaggregated
data on domestic violence from the Domestic Violence Unit. Instead, we opted to use data and insight from Samoa Victims Support
Group on this issue, particularly considering they are most often used to resolve problems related to violence against women.
31
Note 28 para. 23.
23
7