Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
70.
A further issue is the lack of information and statistical data regarding the
prevalence, nature, extent and causes of violence.81This also contributes to
the lack of enforcement. The NHRI found it particularly disconcerting that the
data made available by the DVU of the (MOP for our SHRR was scant and
insufficiently disaggregated.82A more systematic analysis of domestic violence
against children, including sexual abuse and incest is necessary83 and relevant
authorities must commit to regular collection and reporting of disaggregated
data on these matters.84
Recommendation 13: The Samoan Government, in consultation with the
NHRI, should work with the village fono, relevant authorities and relevant
NGOs to increase public awareness of the FSA and how to engage in its
legal proceedings.
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.
Recommendation 15: The Samoan Government, in consultation with the
NHRI, should establish a system for the regular collection of statistical
data on domestic violence, sexual abuse and incest disaggregated by
sex, age, region (urban/rural), and relationship between victim and
perpetrator to be reported on a quarterly basis to the NHRI.
Recommendation 16: The Samoan Government should provide
dedicated funds and adequate assistance to all NGOs working on the
protection of families, especially in rural areas.
Recommendation 17: That the Samoan Government review the Family
Safety Act 2013 for the inclusion of protections for persons who report
incidence of violence, including sexual violence.
81
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] para. 22.
82
Despite several attempts, the NHRI was unable to obtain any meaningfully disaggregated data on
domestic violence from the Domestic Violence Unit (DVU). Instead, we opted to use data and insight
from Samoa Victims Support Group (SVSG) on this issue, particularly considering they are most often
used to resolve problems related to violence against women and children.
83
The Government found that 1.7% of children in their Survey had experienced inappropriate touching
at home or in the community and 3.3% of adult respondents had been informed by a child in their
household that they had been touched inappropriately. However, these statistics do not match the
incidence of anonymous reporting, or the experiences of SVSG and only go to demonstrate the
insufficient and inaccurate reporting on this issue.
84
National Policy for Children in Samoa 2010-2015, available at:
http://www.mwcsd.gov.ws/index.php/publications/66-national-policy-for-children-in-samoa-2010-2015summary - [accessed 26 June 2015] at 9; See note 44 at 29.
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