Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
6.2
Respect for the views of the child
25.
As mentioned above, the Fa’asamoa, or Samoan way of life, plays a pivotal
role in the typical Samoan way of living and a seminal role in the upbringing of
a child.
26.
In reference to the misconceptions outlined in paragraphs 13 to 14, the
community are reluctant to enforce human rights, and specifically child‘s
rights, because they believe that human rights give the child the right to talk
back to parents and misbehave. It is the traditional status of a Samoan child to
listen and obey his/her parents without talking back. However, as is provided
in Article 12 of the Convention, children have the rights to express their views
in all matters affecting them.
27.
It is the view of the NHRI that more work needs to be done in collaboration
with relevant government Ministries and NGO‘s to dispel the misconceptions
that surround children‘s rights, especially the child‘s right to be heard under
Article 12 of the Convention.
See recommendation 1
7
Education
28.
The NHRI welcomes efforts by the Samoan Government since the last
periodic review in addressing the issue of reducing drop-out rates amongst
compulsory school-aged children.
29.
The Samoan Government, with assistance from the Australian and New
Zealand governments, introduced the Samoa School Fee Grant Scheme
(SSFGS) which replaced school fees levied on children, parents and their
guardians, with a government-administered grant scheme. This scheme has
addressed some of the Committee‘s concerns in its 2006 Concluding
Observations.14 For example, Samoa is on track to meet Millennium Goal No.
2 in achieving universal compulsory primary education with the national
schooling participation rate for children aged 5-14 above 90% since 2005.15
30.
Yet, Samoa currently has a reservation under Article 28 of the Convention. At
the time of making the reservation, the government claimed that ‗the greater
portion of schools within Samoa that provide primary education are controlled
by bodies outside the control of the government‘. The bodies which the
Government referred to are church schools and theological colleges which set
their own tuition fees. However, the fees of these bodies now come under the
14
UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child:
Concluding Observations, Samoa, 16 October 2006, CRC/C/WSM/CO/1, available at:
http://www.refworld.org/docid/45c30bc00.html [accessed 7 September 2015]
15
http://www.ws.undp.org/content/samoa/en/home/mdgoverview/overview/mdg2/ [accessed 2
September 2015]. See also s 4-5 of the Education Act 2009 which ensures compulsory enrolment for
children ages 5-14. Failure to enrol a child into school could result in the carer of the child receiving a
maximum fine of $5000 WST ($1910 USD)
11