Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
education for young prisoners on remand or held in detention103, and rules
concerning labour.104
81.
The NHRI further commends the establishment of the Youth Court as a
special division of the District Court under the Youth Offenders Act 2007. The
Youth Court has already heard a number of cases, many of an extremely
sensitive nature.105 The NHRI will monitor decisions taken by the Youth Court
and look to offer future training for judicial officers in applying relevant human
rights standards in the administration of juvenile justice.
82.
Whilst it must be recognised that significant steps have already been taken to
legislate for juvenile justice standards as per the Committee‘s
recommendation in its last Concluding Observations106, several areas of
concern remain which demonstrate that the government is not upholding its
obligations under Articles 37 (b), 39 and 40 of the Convention. The NHRI has
collected information in relation to this through its monitoring of places of
detention function and in the course of a number of investigations.
83.
The Government should be commended for establishing an independent
monitoring mechanism for places of detention through the enactment of the
Ombudsman Act 2013.107
84.
After receiving technical assistance from the Asia Pacific Forum for National
Human Rights Institutions, the New Zealand Commonwealth Ombudsman‘s
Office and the Pacific Ombudsman‘s Alliance, the NHRI conducted its first set
of inspections of places of detention in Samoa In January 2015. The
inspections identified a number of concerns relating to the implementation of
articles 37 (b), 39 and 40 of the Convention and the standards referenced in
recommendation 59 in the Committee‘s last periodic report. The main areas of
concern related to classification, health and hygiene, labour and education
and rehabilitation. The report findings also highlight that full implementation of
the Prisons and Corrections Act 2013 has yet to be achieved.108
85.
The program of inspections included a visit to Oloamanu Juvenile Centre,
Samoa‘s only juvenile detention facility, located at Mulifanua, Upolu. However,
the facility holds detainees up to the age of 26 years old and on the day of the
visit the total number of inmates was 23, all male. A number of concerns were
observed:
Staff sharing accommodation with inmates;
103
s 60 (2)(e)(v), Ibid
s 47(1)(c)
105
A number of the decisions can be found at http://www.paclii.org/ws/cases/WSYC/[accessed 4
September 2015]
106
See recommendation 59 of the Committee‘s Concluding Observations.
107
Section 33 (e) of the Ombudsman Act 2013 requires the NHRI ‗to visit all public and, subject to
section 48, private places of voluntary and involuntary confinement or detention‘.
108
Full findings and recommendations can be found in the Office of the Ombudsman/National Human
Rights Institution, Detention Centre Inspections Report, June 2015, available at
www.ombudsman.gov.ws
104
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