“O aiga o le anofale o afio’aga ma le fatu o le aganu’u.” (Families are pillars of the community and the heart of the culture). Samoan expressions In the Samoan context, families make up communities and congregations which hold society together. The Samoan system of aiga lead by a matai provides a strong support network, helps individuals understand their responsibilities and duties within that network, and provides protection for family members.13 In addition to the aiga, churches play a vital role in binding Samoan communities and today the church continues to be a major factor in the social cohesion of society.14 The Village Fono comprised of matais of aiga plays a crucial role in maintaining and preserving peace, harmony, security and stability through customary law and tradition. Samoa relies heavily on this effective system for the maintenance of law and order.15 6.2.2 Legal protection mechanisms Protection against family violence is at the heart of the Constitution of Samoa which sets out fundamental rights to be enjoyed by every person: • • • • The right to life (Article 5); The right to personal liberty (Article 6); Freedom from inhuman treatment (Article 7); and All persons are equal before the law and entitled to equal protection (Article 15). In addition, a range of legislative provisions establish crimes, penalties and protection mechanisms relating to family violence such as the Family Safety Act 2013, Crimes Act 2013, Infants Ordinance 1961, Young Offenders Act 2007, and Education Act 2009. The Family Safety Act 2013 is the key piece of legislation and provides for the “greater protection of families and the handling of domestic violence and related matters.”16 It includes a definition of domestic violence as:17 “…physical abuse, sexual abuse, emotional, verbal and psychological abuse, intimidation, harassment, stalking or any other controlling behaviour towards a complainant where such conduct harms, or may cause imminent harm to, the safety, health of wellbeing of the complainant.”18 13 IES. The Cultural Atlas: Samoan Culture. Retrieved from http://www.theculturalatlas.org. Accessed 15 May 2018. National University of Samoa. (2015). “Political representation and women’s empowerment in Samoa.” Final Report 1. Retrieved from http://samoanstudies.ws/wp-content/uploads/2015/07/Centre-for-Samoan-Studies_Final-Report-Volume1-English.pdf. Document 63 Inquiry anthology. 15 Refer to footnote 23 of Samoa Office of the Ombudsman. (2015). State of Human Rights Report 2015: For Samoa by Samoa. Apia: Government Printers. See also Village Fono Act 1990. 16 Family Safety Act 2013, Long title. 17 Family Safety Act 2013, section 2. 18 Family Safety Act 2013, section 2. 14