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UN Human Rights Council Independent expert group on the issue of discrimination against women in law and in practice

Apia (18 August 2017) – In their 10-day mission to Samoa, the expert group’s delegation, comprised of Kamala Chandrakirana and Eleonora Zielinska, held meetings in Apia, Poutasi, Vavaau and attended consultations with representatives of Salani, Sapoe, Utulaelae, Siuniu, Salesatele, Salelesi. These are their preliminary findings.

We would like to extend our deep appreciation to the Government of Samoa for inviting us to undertake this official visit which demonstrates its openness and commitment towards women’s human rights. This is the first country in the Pacific region which has opened its door to our independent mechanism. We would also like to thank all our interlocutors, the public officials, village members and representatives, health professionals, civil society, academia, religious leaders, individuals, and UN officials for all the fruitful exchanges.

Context

Samoa is a parliamentary democracy in a stable political context and a homogeneous population, with tangible differences between urban and rural areas. While no global indicators are available regarding gender equality, the country is ranked 104 out of 188 in the human development index and counts with 18.8% of people living below the national poverty line (down from 26.9% in 2008). It faces considerable economic and environmental challenges in a time of major demographic shifts. Samoa’s growing youth population struggles with limited economic opportunities while the country is dependent on the remittances and international aid. The stakes are high in Samoa for ensuring sustainable development and building resilience as a nation. The full and equal participation of all citizens in traditional rural communities as well as in the growing urban area is crucial. Our Working Group is encouraged to observe that Samoa’s competent and committed women are taking leadership roles across the sectors. The visit occurred at a moment of self-reflection in Samoa with widespread internal calls for a change in the mind-set. The Government’s 2017 Samoa Family Safety Study seems to have shaken the nation at the core as it revealed the pervasiveness of gender-based violence in the society, which some have called of epidemic proportions.

Legal and institutional framework

Samoa was the first country in the Pacific to accede to CEDAW and has ratified to date five of the nine core human rights instruments . It reinforced its engagement with the international human rights community in the past years, through the UPR, its reporting to the Treaty Bodies and now through our mission, the first visit ever of a Special Procedure mandate of the UN Human Rights Council. We hope that Samoa will continue its current efforts towards the pending ratification of several human rights instruments, in particular the Optional Protocol to CEDAW but also ILO Conventions in particular Maternity Protection Convention (183) and Domestic Workers Convention (189).

Samoan Constitution, based on Fa’asamoa (the Samoan way of life), provides for a bill of rights and solid ground to combat discrimination against women, guaranteeing for equal rights before the law and prohibiting discrimination on the basis of sex.
For over a decade, Samoa has carried out significant efforts to address inequality for women, through, inter alia, legislation on equal pay in employment and on domestic violence as well as a constitutional amendment designed to improve women’s representation at the national parliament . Such progress is undoubtedly linked to the increasing number of highly qualified professional Samoan women at the top echelons of public service, private sector and civil society. These changes in the national legal framework have been carried out in the context of a dual system of State and village governance, in which 275 villages hold near absolute autonomy under the Samoa’s unique customs and traditions, and are themselves evidence that Fa’asamoa is an open and evolving cultural construct.

The Samoan Parliament has recently passed a Constitutional Amendment that defines the country as a Christian State, thereby formally establishing the centrality of the Church in all aspects of Samoan life. Our expert group was informed that public discourse on human rights is wrought with misconceptions and often misleadingly contradicted with Fa’asamoa. In the face of persistent misunderstanding of discrimination against women in the society, we note the growing consensus among various interlocutors that successful implementation of progressive legislation and further advancement to eliminate discrimination against women rest on continuing, open and constructive dialogue on Samoa’s cultural and religious values and attitudes – the changing of mind-sets.

Among these agents of change, we were pleased to observe the commendable strategies developed by the Ministry of Women, Community and Social Development (MWCSD) which builds capacities at the village level aiming at women’s empowerment and gender equality, despite very limited resources (only 3% of the national budget). As an independent body, the Office of the Ombudsperson is central to the promotion and protection of human rights. The Law Reform Commission also plays an important role in ensuring the conformity of its legal framework with international human rights standards. These two entities conduct public consultations at all levels throughout their work ensuring that there is no disconnect between the policy and legal framework with the realities in the villages. We welcome the fact that the Samoa Law Reform Commission has conducted an assessment of CEDAW compliance, and hope that it can push for further positive changes in legislation to ensure that women and men have equal rights. We hope that it will look into the unequal legal age of marriage for women (16) and men (18) as well as aspects of the law which can result in indirect discrimination against women.

Family and cultural life

In Samoa, family is the foundation of society in Samoa and the family institution plays a central role throughout the life cycle and in all aspects of life. Distinctive roles are assigned to women and men based on their perceived function, namely that the primary role of a woman is to care for her family while the husband is the head of the household. Women have been assuming the role of good wives and good daughters and sisters and mothers, as a matter of course.

Historical and sociological studies as well as academics we met during the visit have shown how the Samoan culture has evolved over the centuries, in which cultural practices and traditional village institutions have responded to new opportunities and challenges at different moments in time. We observed the vibrant public discussion today on what constitutes the Samoan culture, including in the media, particularly as a response to the pervasiveness of violence in the lives of Samoan women, children and the youth. Many interlocutors have made a point of distinguishing between the core values of the culture versus the individual responsibility of perpetrators of violence who opportunistically use culture to justify their acts. Our expert group met with trainers and counsellors who use references to the Samoa’s historical origins to present alternative cultural narratives, including on women’s esteemed role and position in society, in order to change mind-sets about long-held views on gender relations. We also appreciate the work advocates in schools, civil society organizations and business associations who integrate into skills training initiatives and service delivery conversations on the idea of equality between men and women and to advance the empowerment of women. Service providers, particularly in the field of sexual and reproductive health, MWCSD facilitators in community development planning, information gatherers from the Ombudsman’s Office and research projects also have played important roles in breaking taboos related in particular to sex and gender-based violence in the family. It is in these spaces that the processes of cultural adaptation and change from within occur. We are concerned, however, that resources, both human and financial, are precarious for these initiatives and institutions and this puts their sustainability and long-term effectiveness at risk.

In the meantime, the work of changing mind-sets and ensuring women’s right to equality within the family is not without challenge and resistance. Some of our interlocutors conceded that they were still uneasy to speak out about certain aspects of Samoan tradition for fear of being stigmatised as “not being good Samoans or good Christians”. In a hierarchical and patriarchal society such as Samoa, the impact of opposition from the most powerful actors will be significant. The National Human Rights Institution should develop mechanisms to ensure protection for those who are speaking out against strongly held beliefs that undermine human rights, including in relation to acts of reprisal.

We learned that artists do not feel totally free to express their potential and many choose to go overseas, also due to a sense of the arts as a whole being undervalued in Samoa. The Government, the private sector as well as international partners should invest in supporting women artists and artisans, which would not only give them more space to express themselves but also open new avenues for women’s economic empowerment.

Gender-based violence

Traditionally treated as a taboo and often considered as a private matter to be dealt within the family, we acknowledge that now the issue of gender-based violence is widely spoken about and that considerable efforts have been deployed to address this epidemic. Indeed, numerous researches have been conducted by a variety of national and international stakeholders on the issue of violence against women and girls in the family. The 2017 Samoa Family Safety Study unveiled distressing data on the reality of gender-based violence in the country, showing that violence has been normalised in the society. We regret that less is known about the gender-based violence that fa’afafine, fa’afatama and lesbians are facing. During our exchanges with various local stakeholders, some women say that they are “deserving” of corporal punishment, indicating a high level of self-blaming, even in cases of sexual abuse and incest. Others also lamented the negative role played by TV programmes which reinforce stereotypes and harmful practices instead of changing mind-sets in a positive manner.

Meanwhile, we are encouraged that numerous State entities, civil society organisations, academics and individuals are taking leadership roles in combatting gender-based violence. We were pleased to learn, for instance, that in some villages, domestic violence against women is not tolerated. Police would be called, but only in severe cases, usually when men become very violent due to alcohol. However, we note that conciliation measures by the family and also the Women’s Committee are usually preferred and resort to police is avoided in order to ensure that family unity is maintained. We also note with concern that alcohol consumption was identified as one of the major causes of violence and problems in the country, often linked to precarious socio-economic conditions, bringing to light the need to tackle the many different root causes of violence against women in the country and to seriously address the structural challenges linked to it (poverty, economic opportunities and demographics).

We are concerned with corporal punishment against children which is widely known to contribute to the vicious circle of violence.  We regret to hear that it is often justified by some as being part of the Samoan culture. Indeed, men who were victims of violence as children would be more likely to reproduce this violence as adults. We are pleased however, that some key actors in the country are trying to combat the belief that the use of violence against children is conducive to a good education. Many repeatedly insisted on the need to deconstruct some unfounded myths around culture and emphasize the essential protective and nurturing elements of culture with regard to educating children. We were informed that a bill is being considered by the Ministry of Education aiming to reincorporate corporal punishment in schools. We would encourage relevant authorities not to endorse such initiative.

Despite significant progress, initiatives to combat gender-based violence remain scattered, in part due to limited resources and lack of a sustainable and comprehensive national strategy. We hope that the Safety for All strategy, which has been in the process of elaboration for the past four years, will embrace a genuine holistic approach involving all the relevant stakeholders. We also encourage the development of a social security system and network ensuring a continuous chain of protection, from prevention strategies, accessible reporting mechanisms, temporary shelters, legal remedies and rehabilitation services, all these accompanied by the necessary resources, without which the protection chain would be broken and any effort would be vain. Sustainable government funding is crucial.

Given the central role played by the Church in Samoan society, the Group regrets that religious leaders have not been more proactive in preventing domestic violence. During our visit, we learned that church leaders have defended alleged perpetrators by sending letters of support to the courts. Several interlocutors agreed that the Church should do more in preventing the epidemic of gender based violence in the country, including sexual violence. We are pleased to learn that the National Council of Churches is starting a project with the Ministry of Women Community and Social Development on addressing the issue of violence against women.

Access to justice

We take note of the positive developments in the country in terms of access to justice for women, in particular through the establishment of family courts and family violence courts in 2013. We learned of the need for governmental support for psycho-social services to women victims of violence during and after court proceedings. We understand that the Community Law Center Act, which was passed by Parliament in 2015, has not been implemented due to other priorities of the Cabinet. We strongly encourage immediate implementation of this act as it would play a public advocate role and serve as a one-stop reference point. For citizens who are seeking legal assistance, including women in the villages, such a center would facilitate greatly their access to justice.

We welcome the role of the Maintenance and Affiliation Section of the Ministry of Justice and Court Administration with regard to enforcing maintenance court orders by legally representing entitled women. To date, 800 of such cases have been taken up.

While free legal aid is to be made to all, it seems that in cases of women offenders, the quality is not optimal. We are also concerned at the high rates of women currently imprisoned on charges of “theft as a servant” (about 70%) and suggest a review of the sentencing policy in the direction of applying alternatives to detentions, in particular in relation to pregnant women and women with children, in accordance with the Bangkok Principles.

Participation in political and public life

Women’s participation in political and public life at the national and village levels is distinct yet interrelated, a complex picture of evolving achievements and persistent barriers. Progress in this field moves gradually as women excel in their studies and professions, and as more and more families bestow chiefly titles to women, thereby opening new doors for career development and giving entitlement to run for a seat in national parliament.

The institution most open to Samoa’s professional women is the public service sector, in which women constitute more than half of its workforce and are well represented in leadership positions within Government ministries. Since 2011, women have entered the judiciary as judges. Today seven out of a total of 26 judges in Samoa are women at all levels, including the Supreme Court.

During our visit we have met and seen first-hand the competence and commitment of these women. Educational opportunities such as merit-based overseas scholarships have been a key factor for women’s success, especially young women in the villages.

However, in the Government cabinet, there are only two women out of 12 ministers. In the diplomatic service, there are two women heads of missions among a total of six. The 10% quota for the Legislative Assembly introduced through Constitution Amendment Act 2013 is a first step forward but insufficient for women’s meaningful participation, which requires a minimum of 30% representation according to international standards. Samoa still lags behind in terms of the political participation of its women, ranking 161 of 190. Nevertheless, women see the 10% quota sending a clear message that the Parliament is not an exclusive ‘men’s club’ and that there is now a place for women in the nation’s legislative body. The impact was immediate, in that the 2016 elections saw record high participation of 24 woman candidates. Though every woman in the country is entitled to vote since the legislative revision, Samoa’s political system reserves the right for political representation in parliament only for citizens holding chiefly titles which remains a male privilege, as only 11% of title holders nationwide are women, of which a significant number live abroad. For those women who did run in the 2016 parliamentary elections, they face deeply entrenched political machinery and processes that have served male candidates well over the decades as well as corruption.

In this regard, unequal opportunity for women remains a structural impediment for women’s full and meaningful participation at the highest level of Samoa’s political institutions. We learned that a mentoring initiative for young women by senior women politicians has been set up and recognizes this as a promising practice in terms of the empowerment of individual women. Policy measures to increase the representation of women at the top decision-making bodies are nevertheless still necessary.

Policy making and implementation in Samoa involves extensive stakeholder consultations, particularly given the deep-seated autonomy of its self-governing villages and the extensive role of the church in all aspects of community life. The Ministry of Women, Community and Social Development, which organizes access to villages for all government ministries, is involved in policy making by the various sectors which affect village life and has a mandate for gender mainstreaming across government agencies. The Ministry has also initiated a district-wide development planning process in which 4-5 villages collaborate in identifying issues and concerns, including consultations with representatives of village women, youth and persons with disability. We had the opportunity to observe this planning process and were impressed by the quality of the debates among the stakeholders and the facilitation by the Ministry. We support the scaling up of this pilot project to the whole country as it has the potential to change minds while breaking the isolation of villages in their decision-making.

At the village level, where 80% of Samoans live, women’s participation in political and public decision-making is complex and mainly indirect. Village governance is centred on the village council, whose members are villagers with chiefly titles bestowed by their extended families and they are predominantly men. Among village-based chiefs, only 5.5% are women. Reports indicate 19 villages that ban women outright from village council meetings. The reasons for excluding women have to do with communication practices among male chiefs during the meetings. Our expert group has been told that changing this practice is a gradual process which can only begin in the family, i.e. through the giving of chiefly titles to women. Despite the increasing number of women with chiefly titles over the years, however, few participate actively in the village council meetings.

Women’s input to the village council decision-making is mainly carried out in an indirect manner through the women’s committees, which hold specialized responsibilities, e.g. for village and home hygiene, maintenance of natural water sources, harmony in the community, pre-schooling and recreational activities. This committee has a female representative who is paid by the government, as is the male village representative. However, the woman is paid half the salary of the man, and recommendations have been made to equalize their salaries. We learned that women’s committees are the first responders to domestic violence cases in the village, and that only in special circumstances do they bring these cases to the attention of the village council meetings. We also learned that in a couple of villages, there are bylaws against domestic violence, involving a fine of up to 3,000 WST.

A recent amendment to the Village Fono Act  requests Village Councils to register their bylaws with the national government. There has been cases in which such bylaws have been brought to court for violating Samoa’s constitutional guarantees, particularly in relation to the penalty of banishment and establishment of new churches in the villages and conversations to church denominations outside the village. Our expert group is encouraged that processes of constitutional review towards village council bylaws is possible, as it contributes to the rule of law and enhances good governance. Constitutional guarantees of non-discrimination on the grounds of sex should also be a basis of review for village council bylaws and other policies by local and national government.

We could observe that the participation of urban professional women in village councils contributes to the change of mind-set.

However, they need to be supported in order for them to participate meaningful in village life and in order to face at the same time the demands of their professional life. Government policy at the central level, allowing flexible work arrangements, would facilitate their participation.

Women are playing an important role in each village and should see themselves and be seen as leaders together and alongside with men. We are concerned that villages are deprived of the benefit of women’s unique contribution when they are not directly integral to village governance.

We were pleased to observe that admirable individuals are driving forces and sources of positive changes in the country, however, with adequate resources and support, CSOs could do more with an independent voice. According to the information received, CSOs working on women’s issues are poorly resourced and require support from various stakeholders. The Working Group was informed that the centrally managed CSO Sector Programme provided funding to few organizations and many interlocutors expressed their disappointment at the lack of transparency of this fund.

Participation in economic and social life

Overall, women’s labour force participation at 26.3% is considerable lower than that of men at 44.1%. Access to job opportunities is largely limited to the urban area. Rural women are mainly engaged in agriculture and the informal economy. Though treated as a ‘vulnerable’ group in development planning, women of Samoa, individually and collectively, play a key role in the country’s social and economic life and form nation’s asset for sustainable development. They are in the frontline dealing with issues of health, education, food security, access and quality of water supply and disaster relief management in the life of the village, through women’s committees. Meanwhile, women account for slightly over half of the public service, with an increasing number in decision-making positions.

The public and private sectors are governed under different legislation: Public Service Act 2004 and Labour and Employment Relations Act 2013, respectively. Social security benefits are available only to the formal sector. Women tend to be in lower-paid occupations such as clerical jobs. It is of concern that they do not enjoy the same legal protection such as the provisions regarding maternity leaves. We are encouraged to see that Samoa has extended female public servants entitlement to 12 weeks with full pay, meeting the minimal international standards. However, in the private sector, women can have only 4 weeks with full pay. Paternal leave is only five days and parental leave has not been introduced.

Women head more than 60% of the small businesses. We learned from several interlocutors that involving the family has proven necessary to ensure the acceptance of women’s economic empowerment, including through small business. Women business leaders has played a central role in making the Samoa Chamber of Commerce an inclusive model for the region, catering for small farmers and business as much as for large corporations. They have a strong presence both in the staff and in the board. It runs various initiatives for further exploring potential for economic empowerment where there is a strong participation of young women including from the village. In the private sector, women workers dominate the manufacturing sector, although with the closure of the Yazaki automotive wiring plant, some 700 workers, majority of whom are women, will be laid off.   

In the absence of a State-sponsored social welfare system, this function has been assumed by individual families, including by family members living abroad. We were informed that the government is laying the foundations for such a system, by establishing citizen identification cards and improving birth registration through an e-health system which registers births at hospital. We strongly encourage the government to develop a social welfare system which would go a long way in providing minimum guarantees by the state and help relieve family burden.

Reliance on remittance for cash flow is high and further increasing. Some 70% of households depend on remittances which constitute 20% of the GDP. The Government seeks to identify areas for employment and entrepreneurship at the village level with foreign assistance. Resource availability is a serious challenge, making international cooperation critical.

Education

Samoa has high literacy rate for both women (98.8%) and men (99.1%). Girls are more successful in school, with less drop-out than boys at the secondary level.  Female students receive 60% of Government scholarships due to their high-level performance. Merit-based education opportunities have played a significant role for the advancement of women in all aspects of life. However, the near absence of vocational schools undermines opportunities for employment perspective.

Compulsory schooling in Samoa starts at 5 years old. Currently, pre-schooling is entirely covered by the community. We believe that the State should contribute more directly to the development of pre-schools, including through funding and recognition of pre-school teachers. Samoa’s ratification of CRC in 1994 has been instrumental in challenging the age-old view around the world that regards children as objects of obedience to be disciplined through physical punishment. We take note that the government has undertaken legislative and policy measures to ensure compliance with its legal obligations, including making schools a safe environment for children. The Education Act of 2009 requires zero tolerance for corporal punishment in schools.  However, we are very concerned with reports about plans to re-introduce corporal punishment in schools, allowing teachers to exercise “reasonable force” in extreme circumstances, which would be difficult to be defined and controlled. Meanwhile, we have learned that effective mechanisms are yet to be put in place to allow effective reporting of violence by teachers, including sexual abuses. We have also learned from various sources that fear of teachers is a reason for students’ absence from school, when schools should be a protective environment allowing the child to reach his or her full potential. 

School plays an important role in breaking pervasive violence in society, if children are taught respect for human rights and the concept of gender equality. Human rights education forms part of the right to education. Translating into Samoan child-friendly CRC materials existing already in English would be a first useful step. More than two decades after Samoa’s ratification of the convention, and with the near universal ratification of this instrument, cultural relativism can no longer be used to justify violations of child rights. The sad reality of teenage pregnancy (a total of 1,062 girls age 15-19) is a reminder that it is time to ensure that boys and girls receive comprehensive sexual education in schools. We learned that despite repeated training of teachers through joined efforts by NGOs and government ministries of education and health, sex education is less than comprehensive in the physical education classes where it is taught. Schools should be a safe place to teach sensitive but important subjects. In the face of rising sexually transmitted diseases and teenage pregnancies, silence is a denial of responsibility. We hope that the current review of school curriculum will address this issue.

We note with concern that pregnant teenagers are often pulled out of schools by their parents. We are pleased to learn of a recent policy of the Ministry of Education on safe schools includes the guarantee of the right to education of pregnant girls and we hope that this policy is disseminated widely across the country, with effective monitoring mechanism for its implementation. We would like to recall that the State has the responsibility to ensure education for all without discrimination.

Access and right to health services

Samoa has developed several strategies to seek and improve the health conditions of women, including a Health Sector Plan 2008/2018, focusing, inter alia, on rapidly increasing levels of non-communicable diseases, reproductive and child health, emerging and re-emerging infectious diseases and disability. We were pleased to learn that some villages, in particular through their women’s committees, are trying to address chronic health issues like obesity , diabetes and high blood pressure with preventive measures such as the development of vegetable gardens in each households which aim at ensuring a healthier alimentation but also respond to the need to reduce the reliance on imported goods which are extremely costly.

During our visit, we were informed about the generally limited resources of health care providers, the severe lack of doctors as well as the issue of pharmacies running short of supplies. The district health center we visited, for instance, covers about 18 000 people, with only one visiting doctor per week and 15 nurses with very limited tools, infrastructure and medicines to perform their duties and respond to the high demand. We observed with appreciation the efforts deployed to conduct immunisation campaigns, ensure ante-natal care and propose some home care services to the elderly and to people with disabilities at reduced costs. Many regretted however the limited accessibility of such centers, leading certain people, including women, to resort to inappropriate treatments in the villages.

Furthermore, according to the information received, there are limited State responses to the specific needs of women with disabilities who face multiple forms of discrimination and to mental health issues. We have been told that no professionals in this area can be found in the country. Some stakeholders raised concerns about high suicide rates in the country which deserve continuous attention and adequate responses. Given the seriousness of mental health and the high demand for counselling services, we would encourage the establishment of a psychology department in the university and develop appropriate State services to address the wide range of needs, including in relation to gender-based violence, alcohol and drug consumption etc.

We understand the financial constraints of the country, but additional efforts should be deployed to ensure adequate access to health care as well as to improve comprehensive prevention strategies, data collection and monitoring (no data is available for instance regarding the prevalence of breast and cervical cancers ).

Sexual and reproductive health and rights

According to the information received during our visit, ante natal care programmes are available in district health centers for 10 WST and some women in the villages are trained to act as midwifes in order to try and find community based solutions to the general lack of health providers. Medicines and any other type of treatment have to be paid separately. According to health professionals met, contraceptives (pills and other devices) are provided for 5 WST, as long as the husband consents through a form. Minor girls have to be accompanied by an adult. Emergency contraception can be provided under prescription. Some officials confirmed the unmet needs for contraceptives in the country (estimated at about 45%). Indeed, despite the establishment of the 2011/2016 National Sexual and Reproductive Health Policy aiming at improving family planning in the country, modern contraceptive prevalence remains low (at about 30%). According to the 2014 Demographic and Health Survey, the average fertility rate is rising and estimated at 5.1 children per woman, the highest in the Pacific region. This increasing fertility represents major challenges for the development of the country, with large families representing a considerable burden for the households. In view of the limited capacities of the state health services, a non-governmental organisation, funded by international partners, is trying to fill the gap in terms of family planning, prevention (including STIs testing) and counselling services. In order to address the issue of accessibility, this NGO reaches out to the villages once a month, via mobile nurses, conducts prevention actions and provides contraceptives for minimal costs (or for free when women cannot pay). We strongly encourage that such initiatives be adequately and sustainably supported, including to reduce their dependency on international assistance. Furthermore, we call on the government at the highest level to give resounding and public support to the sexual and reproductive health agenda and refrain from undermining family planning.

Our group is concerned at the increased prevalence of sexually transmitted infections (STIs). We were informed about efforts to make condom boxes more available. We hope that the 2017-2022 HIV/AIDS and STIs policy will be duly implemented and accompanied by the necessary actions and resources in order to combat this very acute public health issue. We learned that HIV testing is made available in hospitals for free, but that hospitals sometimes run out of supplies thereby making tests unavailable.
We are alarmed at the high rates of teenage pregnancy (9%), which lead to stigmatisation, exclusion and fines in certain villages.

In this regard, we reiterate our view that the Ministry of Education ensure, as a key prevention measure, that comprehensive scientific-based sex education is systematically provided in schools to all children entering puberty, despite the current reluctance of teachers to conduct such courses due to cultural barriers. We also strongly encourage support to initiatives such as the Youth Friendly Drop-in Center which provides counselling services and contraceptives. Given the high rates of teenage pregnancies (higher in rural areas) and proliferation of STIs, such services would be optimal if they could also be provided in rural areas and free from the requirement of the consent of parents..

We share the regrets expressed by some of our interlocutors regarding the criminalisation of abortion which, despite the progressive reform of the law in 2013, is still only permitted when the health or the life of the woman is at risk . Some affirm that, despite being taboo, unsafe abortions do take place via the use of traditional hazardous practices which seriously put at risk the health and life of too many women. This phenomenon not being monitored (because it is illegal) and needs to be better understood and documented. Some of our interlocutors asked for a “wake-up call”, considering intolerable that girls as young as 10 years old as a result of rape having to carry on with their pregnancies.

As demonstrated by WHO and detailed in one of our reports to the Human Rights Council , adolescent pregnancy has a long-lasting impact on girls’ physical integrity and mental health. Pregnancy and childbirth are together the second leading cause of death among 15- to 19-year-old girls globally, putting them at the highest risk of dying or suffering serious lifelong injuries as a result of pregnancy. Evidence-based comprehensive sex education and the availability of effective contraception are essential to lower the incidence of unintended pregnancy, and hence to prevent unsafe abortions. Indeed, it has been demonstrated that countries where access to information and to modern methods of contraception are easily available and where abortion is legal, have the lowest rates of abortion. As established per international standards, access to termination of pregnancy should be decriminalised, and abortion made available at least in in cases of rape and fatal impairment of the foetus and for pregnancies under 16 years old.

Conclusions

There is a growing consensus among Samoans at the apex of the country’s institutions to those who live at the grassroots of the community that the country is changing. Change is occurring in terms of its demographic profile, the workings of its economy, the kinds of social problems that are arising and spreading, and in the mind-sets of its people. There is a sense of urgency in making the necessary reforms in the nation’s laws, policies and institutions in order to address these changes, while tensions and contradictions in social, cultural and political practice abound.

Samoa has made important strides in developing a legal framework that abide by its own Constitution’s bill of rights and comply with its international human rights obligations, particularly, over the past decade or so, with regard to the elimination of discrimination against women. The criminalization of domestic violence, the legal guarantee of equality between men and women in employment and the constitutional amendment for 10% women in parliament are important milestones. The country is fortunate to have committed and effective individuals in strategically placed institutions as important assets for their implementation and further advancement.

However, successful implementation of these laws towards the full enjoyment of human rights by all Samoan women requires a comprehensive approach that would include the development of adequate social and economic policies in order to address the root causes of discrimination against women, including gender-based violence, in Samoa. The extensive and multiple efforts by various institutions to document the incidence of violence against women, including in the context of family health and safety, is but the beginning of a long journey of understanding and response.

Ensuring the sexual and reproductive health and economic empowerment of women in Samoa are prerequisites for effective and lasting impact of the country’s good laws on violence against women. Provision of a state-sponsored social welfare system that could reduce the burden of individual families is a long-term but crucial step. Psycho-social support for the rehabilitation of women and girls who are victims of violence, including sexual violence, is a necessary complement to criminalization of the acts of violence against them. Civil society is contributing immensely in terms for service delivery for women and girls in need, but their resource base is small and precarious. Without sustainable financing, from the State, private sector and through international cooperation, these services can only benefit a small minority of Samoa’s women and girls in need.

One of the most important steps in addressing the root causes of violence against women involves creating a wave of mind-set change with regard to cultural perceptions about women and their place in society. Much effort has already begun on this but major leaps are necessary. Open dialogue on matters deemed taboo and alternative narratives on the meaning of the ‘Samoan way’ need to occur at a massive scale. This cannot happen without the leadership of government and other local stakeholders, including community and religious leaders, alongside women and men at all levels of society, titled and untitled.

Our findings and recommendations will be more fully developed in a report to be presented to the Human Rights Council in June 2018.

END

The UN Working Group on the issue of discrimination against women in law and in practice was created by the Human Rights Council in 2010 to identify, promote and exchange views, in consultation with States and other actors, on good practices and challenges related to the elimination of laws that discriminate against women. The Group is also tasked with developing a dialogue with States and other actors on laws that have a discriminatory impact where women are concerned.

The Working Group is composed of five independent experts. The Current Chair is Ms. Kamala Chandrakirana (Indonesia), Vice-President: Ms. Alda Facio and other members are Emna Aouij (Tunisia), Ms. Frances Raday (Israel/United Kingdom) Ms. Eleonora Zielinska (Poland), Learn more, consult: http://www.ohchr.org/EN/Issues/Women/WGWomen/Pages/WGWomenIndex.aspx

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Notes:
1/ Please note that this mechanism has been established by the UN Human Rights Council in 2010 and is different and complementary to CEDAW Committee (see information at the end of this document)

2/ The Parliament is composed of the Head of State and the Legislative Assembly

3/ Samoa counts with a population of about 195,000 people while more Samoan citizens live abroad

4/ It did not ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment , the Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Racial Discrimination, the Convention on the Rights of all Migrant Workers and members of their families as well as relevant optional protocols

5/ Public Service Act 2004, Education Act 2009, The Constitutional Amendment Act of 2013, Family Safety Act 2013, Crimes Act 2013, Labour and Employment Relations Act 2013, Family Court Act 2014, Criminal Procedure Act 2016

6/ Police and justice operators, health providers and necessary psycho-social services to be established and coordinated, sharing one single database to document the prevalence of violence as well as segregated data

7/ Village Council Act

8/ According to the 2014 Health Survey, 80% of Samoan women between 40 and 49 years are obese

9/ The health center infrastructure also suffered considerably from the 2009 Tsunami

10/ Cancers can only be treated overseas at the patient’s own expenses

11/ Art. 111 to 117 of the 2013 Crimes Act

12/ A/HRC/32/44