•
•
Through an officer of the Domestic Violence Unit (DVU); or
Through a private lawyer.
There has been a range of legislative reform in relation to family violence in recent years and this will
be examined in more detail in the sections below.
6.3 Current systems and services
The Inquiry acknowledges the efforts of the Government to deal with family violence throughout the
years. This is evident in the series of programmes established by relevant Government ministries such
as MWCSD, MJCA and Ministry of Police (MoP).21 A number of livelihood skill programmes for women
are run by MWCSD in collaboration with its partners. These include public education programmes such
as Positive Parenting, Mothers and Daughters, Young Couples and Teen Mums. These programmes are
targeted to include both men and women promoting effective communication skills and non-violent
manners in dealing with family related situations.
In addition to these programmes is the establishment of the Family Court under the Family Court Act
2014 as a division of the District Court to provide protection and recourse for victims of family
violence. The Family Court also deals with divorces, custody and maintenance. These courts are
supported by the Youth Court, a branch of the District Court, which deals with criminal offences carried
out by people aged 10-17 years old.
Further programmes by MJCA include the Family Group Conferences (FGC) as an alternative dispute
resolution to respond to family violence cases particularly if the victim does not want the husband to
be imprisoned. FGC makes recommendations to the court which often results with the perpetrator
being referred to a rehabilitation programme run by SVSG or other church- based organizations.
The establishment of the DVU within the MoP is highly a significant achievement by the Government
over the years. The DVU was set up in 2007 and is responsible for receiving domestic violence
complaints, filing protection orders, prosecuting interim protection orders, referring victims to
shelters and relocating families.22
However, the core services which cater directly to victims of family violence are run solely by NGOs
such as SVSG. SVSG was established in 2005 with a focus on supporting child victims of family violence
but quickly expanding to deliver a wide range of services including provision of the only shelter for
survivors of family violence in Samoa, couples counseling, anger management courses, drug and
alcohol programmes and the development of a network of SVSG representatives to help identify
vulnerable people and victims in villages.23
In addition, other NGOs provide critical support to family violence survivors, seeking to meet their
immediate needs and address the causes of family violence to prevent future harm and suffering
21
Refer to written submissions for more information of programmes carried out by MWCSD, MJCA and MoP. Documents 1,
32, 33, 34 and 35 Inquiry anthology, accessible at www.ombudsman.gov.ws.
22 Samoa Law Reform Commission. (2016). Convention on the Elimination of All Forms of Discrimination Against Women
Legislative Compliance Review Final Report. p. 27. Document 89 Inquiry anthology. Ministry of Police submission to the
Inquiry. Documents 33, 34 and 35 Inquiry anthology.
23 Samoa Victim Support Group oral submission to the Inquiry.