UPR Sexual Rights Database

National Report:
Para 16) The Crimes Amendment Bill finalized by the Office of the Attorney General (OAG) in October 2020 is to be submitted to Cabinet for approval. This Bill proposes to amend the Crimes Act to increase penalties and imprisonment terms related to smuggling in migrants, trafficking in people and dealing in people for sexual exploitation or engaged in forced labor. The Bill also proposes to: (a) separate and criminalize child abuse material under a new stand-alone provision which shall capture both online and offline activity; (b) broaden the current provision of solicitation of children and insert new offences to expressly criminalize grooming or procuring a person under 18, and using an electronic system to engage in sexual activity with a person under 18;
Para 82) The Office of the Regulator is also developing the Child Sexual Abuse Material (CSAM) Policy a filter system to combat exploitation of children through the means of distributing and accessing CSAM on the internet.
Para 86) A Review on whether it is appropriate in the context of Samoa to have a Sex Offender Registry and the project was launched in 2017. A Sex Offenders Registration Act 2017 is now in force in Samoa, with a sex offender registry in place. The Law and Justice Sector are in the process of securing an interactive management system, ‘Au’afa mau, which provides for data sharing between key sector players that will contribute to improved crime management systems to allow for more accountable, legitimate and responsive law and justice agencies. This is crucial for addressing violence against women and children.

UN Compilation:
Para 34) CEDAW expressed concern about the sexual exploitation of girls and the lack of investigation and prosecution of such cases.
Para 55) CEDAW was concerned about the fact that girls continued to be victims of sexual abuse and harassment by teachers in school, and that such cases remained underreported.

Stakeholder Summary:
Para 13) The Family Violence Inquiry Report had found that violence had gravely impacted the lives and development of children and that cases of sexual abuse had become commonplace.
Para 79) JS1 stated that domestic, and sexual violence and abuse against children was increasing.

National Report:
Para 69) The LERA provides ways for empowering gender equality in the workforce and continued efforts to improve women’s access to employment. The legislation also ensures equal remuneration for male and female employees for work of equal value. Additionally, the LERA Amendment Bill proposes to prohibit employers from discriminating against employees or applicants for a position on the grounds of race, ethnicity, colour, gender, religion, political opinion, sexual orientation, social origin, marital status, pregnancy, family responsibilities, real or perceived HIV status, disability and participation in the activities of a trade union.

UN Compilation:
Para 14) The United Nations country team indicated that, during the previous review, Samoa had noted six recommendations on combating discrimination and preventing violence based on sexual orientation and gender identity, including the recommendations to repeal provisions criminalizing sodomy between consenting adults. The Crimes Act 2013 criminalized sodomy, which was punishable with prison sentences of up to seven years.
Para 18) The Working Group on discrimination against women and girls regretted that less was known about the gender-based violence that fa’afafine, fa’afatama and lesbians faced and emphasized the importance for their voices to be heard and their situations addressed.
Para 20) The United Nations country team noted that most services such as shelters, counselling and rehabilitation were provided by civil society organizations and that, as identified in the 2019 State of Human Rights Report, it was necessary for the Government to take the initiative in providing financial and technical assistance to victims of gender-based violence.
Para 22) The Working Group on discrimination against women and girls observed that the Samoan Police Force had few officers and a limited presence in rural areas.
Para 24) The Working Group on discrimination against women and girls noted that the Family Court was required by law to promote conciliation and alternative dispute resolution.

Stakeholder Summary:
Para 4) Despite the consideration of gender as a ground of discrimination in Samoa’s employment law, there was still evidence of discrimination related to Sexual Orientation and Gender Identity (SOGI).
Para 6) Since 2015, OMB/NHRI had worked closely with the Police and Corrections Services to conduct basic human rights trainings for law enforcement as part of their new recruits programme, including to … raise awareness on issues persons of diverse sexual orientation and gender identities.
Para 25) JS3 indicated that while the Labour and Employment Relations Act 2013 provided some protection against discrimination on the basis of sexual orientation, there remained an absence of comprehensive anti-discrimination laws or policies in place. This lack of protection created an environment that facilitated discrimination against LGBTQI persons, including Samoa’s traditional Fa’afafine and Fa’atama community.
Para 26) JS5 noted that Samoa was a deeply religious country and that it had changed its constitution to officially become a Christian country in 2017. There was a lack of awareness about sexual orientation and gender identity issues in the wider public.
Para 27) JS5 stated that Samoa had four cultural genders – female, male, fa’afafine, fa’atama. Fa'afafine were male at birth and explicitly embodied feminine gender traits. Some identified as gay males, and some identified as transgender. Fa’atama were female at birth and explicitly embodied masculine gender traits. Despite being a culturally highly recognised identity, fa’afafine and fa’atama did not get recognition in local policies and legal instruments and still faced discrimination and obstacles to their social and legal recognition within Samoa.
Para 30) JS3 and AI noted that consensual adult same sex sexual conduct was criminalized. JS3 noted that the Crimes Act made it an offence to commit sodomy, punishable by up to 7 years imprisonment regardless of consent. It further criminalised attempts to commit sodomy and keeping a place of resort for homosexual acts.
Para 35) AI stated that despite accepting recommendations to address violence against women and girls and violence based on sexual orientation and gender identity, gender inequality was pervasive. SFHA noted that sexual and gender-based violence was extremely high in Samoa.
Para 36) JS5 indicated that the Family Violence Inquiry Report had identified fa’afafine as an at-risk marginalized group likely to be exposed to violence at higher rates that non-fa’afafine.
Para 70) JS5 noted that the recently approved Ministry of Health Sector and Implementation Plans 2021–2030 did not include any references to citizens with diverse sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC).