Office of the Ombudsman, Samoa‘s National Human Rights Institution Submission to the Committee on the Rights of the Child – September 2015 9.3 Abuse within schools 71. The Samoan Government has yet to implement recommendations 42 and 43 from the last periodic review and, as such, cannot be said to be meeting the obligations under Articles 19 and 34(a) of the Convention. 72. The Education Act 2009 bans the use of corporal punishment.85 Further, the government prepared the ―Behaviour Management Guidelines: A Guide for Schools – improving student behaviour and welfare‖ to detail and promote positive discipline techniques and implement procedures for breach of the guidelines.86 However, the Public Service Commission (PSC) Report 2013 on corporal punishment in schools demonstrated that most teachers are unaware of alternative methods for disciplining children and do not believe that the governments guidelines are necessary.87 73. Almost one-fifth (18%) of respondents to the Survey witnessed or experienced corporal punishment in schools within the past year and many students indicated that corporal punishment persists and asked teachers to stop this practice. In the Government‘s Child Protection Baseline Report, 41% of children surveyed indicated a teacher had physically hurt them in the past year.88 Despite the fact that policies are in place to address corporal punishment in schools, the issue still exists. Thus, there is a need to implement a monitoring and reporting system to accompany the already established policies to ensure their enforcement.89 74. The NHRI wishes to highlight that the government is preparing a National Schools Violence-Free Policy that will address all forms of violence and discrimination in schools. If endorsed, this policy will cover bullying, discrimination against pregnant students, abuse (including sexual abuse), and other related forms of violence.90 It is also intended to have a monitoring and evaluation system to enforce the corporal punishment ban. This is a positive initiative and the NHRI will work closely with Government to advocate for its establishment. Recommendation 18: That the Samoan Government enforce the ban on corporal punishment in schools, in line with the Education Act 2009 and the Convention 85 Education Act 2009, s 23. SLRC, Child Protection Legislation Report 2013, available at: http://www.samoalawreform.gov.ws/wp-content/uploads/2014/08/Care-and-Protection-Legislation-toProtect-Children-Issues-Paper.pdf [accessed 25 June 2015] at 32. 87 Public Service Commission (PSC), Annual Report 2013, available at: http://www.parliament.gov.ws/new/wp-content/uploads//05.Annual%20Reports/PSC/PSC-AnnualReport-2012-2013-En.pdf . Currently, an Australian Child Protection Consultant is working with the Government to develop the National Safe Schools Policy and corresponding implementation plan. 88 SLRC, Child Protection Legislation Report 2013, available at: http://www.samoalawreform.gov.ws/wp-content/uploads/2014/08/Care-and-Protection-Legislation-toProtect-Children-Issues-Paper.pdf [accessed 25 June 2015] at 18. 89 Ibid. at 32. 90 MESC Consultation with the NHRI, 8 June 2015. 86 24