Office of the Ombudsman, Samoa‘s National Human Rights Institution
Submission to the Committee on the Rights of the Child – September 2015
recommendations were implemented and the NHRI is currently working to
provide new Police recruits with human rights training to prevent incidents
such as this in the future.
103.
The Government has yet to implement the Committee‘s recommendation in its
last periodic report to raise the minimum age of criminal responsibility to an
internationally acceptable level. In General Comment No. 10, the Committee
on the Rights of the Child concludes that ‗a minimum age of criminal
responsibility below the age of 12 years is considered by the Committee not to
be internationally acceptable‘.119 Under the Youth Offenders Act 2007, the age
of criminal responsibility begins when a child turns 10. The NHRI therefore
considers the Government to be failing to meet its Article 4 (3) responsibility to
establish a minimum age level that is internationally accepted and that this
should be immediately reviewed.
Recommendation 27: That the Samoan Government review the Youth
Offenders Act 2007 and raise the minimum age of criminal responsibility
to an internationally accepted level.
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104.
Recommendations
The National Human Rights Institution makes the following recommendations:
Recommendation 1: That the Samoan Government continues to
strengthen its efforts to ensure that the provision and principles of the
Convention are widely recognised and understood by adults and
children alike. In this regard, it encourages the Samoan Government to
continue to disseminate and raise awareness of the Convention among
children, their parents and other caregivers and all relevant professional
groups working with and for children. The Committee also invites the
State party to engage with community leaders, including church
leaders, in discussion on children‘s rights in the context of Samoan
culture, with a view to bringing about further changes in the attitudes
and behaviour of these key opinion leaders in society
Recommendation 2: The NHRI endorses the findings and
recommendations of the SLRC‘s Child Care and Protection Legislation
Report with regards to the inconsistencies in the definition of a child in
domestic legislation. The NHRI recommends that the Samoan
government include all the recommendations from the SLRC report into
the Child Care and Protection Bill. Furthermore, the NHRI recommends
that the Samoan Government amend and present the Bill at the first
session of Parliament after the next election in March 2016.
Recommendation 3: That the Samoan Government ensures that the
DVU (and all institutions dealing with reports of violence against
children) to regularly collects statistical data on domestic and sexual
119
UN Committee on the Rights of the Child (CRC), CRC General Comment No. 10 (2007): Children‘s
Rights in Juvenile Justice, 25 April 2007, CRC/C/GC/10 Paragraph 32
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