UPR Sexual Rights Database

National Report:
Para 53) The National Policy for Women 2010-2015 was endorsed by Cabinet in 2010 and is currently under review with independent technical support from the Secretariat of the Pacific Community. One of the key policy outcomes includes "increasing women's participation in public life and decision making". The policy identified as one of its main activities the support for increasing women's participation in political and public life. The review upon finalization will set the priorities for the development of the new Gender and Women's policy for the next 5 years as well as a program for implementation.

Para 86) Following the first review a significant constitutional amendment was made in 2013 where a 10% quota was introduced to reserve five (5) seats for women in parliament. This is another step towards achieving gender equality for women in the political arena as well as towards compliance with CEDAW. This constitutional guarantee will be implemented in March 2016 when Samoa enters elections.

Para 87) The Public Service Commission (PSC) in its Public Service Act 2004 and Policies (Working Conditions and Entitlements Manual - WCE) advocates for equal employment opportunity for both females and males. Under the current WCE manual, women are entitled to 2 months maternity leave with pay and they can take up to 26 weeks without pay.

Para 88) Recently, PSC has reviewed its policy to be in-line with the International Labour Organisation (ILO) and the Convention Eliminating Discrimination Against Women (CEDAW) to increase the maternity leave entitlement to 3 months with pay and 3 and a half months without pay. The revised maternity leave policy also recognizes for the first time, stillborn babies, miscarriages and legal adoption of newborn babies and those up to 12 months. Female employees will be entitled to 4 weeks with pay and up to 26 weeks without pay. Male employees in the public service are entitled to 5 days Paternity Leave.

Para 93) The Labour and Employment Relations Act 2013 (LERA) protects and promotes women's rights in employment, equal remuneration, maternity leave (public and private sector although the period of leave varies) and protection from workplace harassment, there is a need to regulate the private sector to ensure they comply with the universal standards.

UN Compilation:
Para 6) The country team indicated that, to address the low representation of women in Parliament, a constitutional amendment introducing a 10 per cent quota for women representatives in the national Legislative Assembly had been passed by Parliament in 2013.

Para 17) The Committee on the Elimination of Discrimination against Women was concerned that the Convention had still not been fully domesticated as part of national law, and that Samoa had yet to adopt and incorporate into the Constitution or other relevant legislation a definition of discrimination against women, including direct and indirect discrimination, in line with article 1 of the Convention.

Para 21) ... noting that Samoa was reviewing the Lands and Titles Act to amend existing discriminatory provisions, the Committee on the Elimination of Discrimination against Women was concerned at the prevalence of discriminatory customs and traditional practices that prevented rural women from inheriting or acquiring ownership of land and other property.

Para 36) The country team indicated that Samoa had taken important steps to bring its labour laws into line with international standards, including standards promoted by the Committee on the Elimination of Discrimination against Women and the core ILO Conventions. Law reform, in particular the enactment of the Labour and Employment Relations Act 2013, which had repealed the Labour and Employment Act 1972, included maternity and paternity leave entitlements and other fundamental employment rights like equal pay, prohibitions on forced labour and employment discrimination (based on gender, ethnicity and sexual orientation), and the right to collective bargaining and freedom of association.

Para 52) UNESCO stated that steps had been taken to promote special education for persons with disabilities, with special attention paid to girls and women with disabilities (strategic policies and plan for 2006-2015).

National Report:
Para 40) … Since our last report Samoa ratified CRPD …

UN Compilation:
Para 2) The United Nations country team in Samoa noted that, since the previous review, Samoa had ratified the CRPD, in 2016, …

Stakeholder Summary:
Para 17) AI indicated that Samoa had acceded to … CRPD, …

National Report:
Para 14) In 2016 Samoa reported that a total of 11 laws have been reformed. These help achieve compliance with international obligations particularly for key Human Rights Conventions such as CEDAW and CRC. Our efforts continue with the Samoa Law Reform Commission’s Family Laws Review Project (FLR Project) which will focus on the 6 core Family Laws. The consultations on the project began in 2019, and will be an important opportunity to address some of the few remaining issues from the recommendations that are already or sufficiently covered under existing legislation. For example there are currently relevant provisions in the Family Safety Act 2013 and Family Court Act 2014 to provide for anonymity and protection of those who make complaints of family violence. However, further considerations will be part of the FLR Project. The principles of relevant international law on rights of women, children, persons with disabilities or other vulnerable groups will also be considered to inform relevant parts of the FLR Project.
Para 15) The Labour Employment Relations Act 20139 provides for empowering gender equality in the workforce. Further reviews to LERA ensures compliance with international obligations. The current Amendment Bill proposes a grievance mechanism, which includes those pertaining to sexual harassment. In addition, amendments are also made concerning the use of gender neutral terms. The Bill seeks to propose an amendment to section 20 of the LERA to provide for definition for ‘discrimination’, which applies equally to men and women.
Para 29) The MWCSD recently launched 6 National policies and the Community Sector Plan that are key to the work on all human rights conventions. These policies are: • Samoa National Policy on Gender Equality and Rights of Women and Girls 2021- 31, which builds on the work of the last gender equality policy.
Para 63) Compared to 30 years ago, women’s advances in managerial positions and professional occupations have increased significantly including representation in parliament. Current statistics show women outperform their male counterparts academically, and there are increasing numbers of women occupying leadership roles in the public sector, private sector, judiciary and civil society organisations. Access to basic services have improved including to sexual and reproductive health services. Samoa’s commitment to the elimination of discrimination against women and implementing SDG 5 have been a priority since Samoa ratified CEDAW in 1992. While much progress had been made in the past 30 years, with multiple law reforms, new policies and country wide awareness programmes and interventions; more still needs to be done. There is recognition that women and girls can be agents of change and will be an important part of the transformational equation for the SDGs and also for the protection of the human rights of all.
Para 64) During the reporting period there has been significant effort to eliminate all forms of discrimination and violence against women, as highlighted in chapter III, A, B, C and chapter IV. A. 2 of this report. The FLR Project, the six new policies launched by the MWCSD, and enforcing the gender mainstreaming task under the Strategy for Development across all 14 sectors are key.
Para 65) The Working Group on discrimination against women in law and in practice, (August 2017) noted: “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, 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”.
Para 66) Samoa was the first country in the Pacific region to receive an official visit by the Working Group which engaged in a constructive dialogue with a wide range of government and state representatives and other stakeholders, including civil society actors, health professionals, women’s groups, academia, scholars, religious leaders, individual artists, and the UN country team. The Group visited the women’s prison, a middle school, a health clinic, and observed a planning meeting among village councils and participated in a dialogue with members of a village council.
Para 67) In the traditional context women are the ‘malu o aiga’ (protector of families) the ‘auli male pae” (facilitator of peace and harmony – problem solver) and the ‘ua faalanu ma’ave’ave (the rain that cleanses away the salty spray from the foliage – dilutes tensions). Women lead at every level of the social institutions within a family, village and community and are instrumental in bringing about change therein. Therefore the mutual understanding and partnerships between the State and our Village-Based systems of governance, is fundamental to the delivery of Government initiatives to strengthen gender responsive interventions to: eradicate violence from our homes, remove discrimination and stereotypical behaviour, foster positive environments for our children, empower our women and girls as well as ensuring that they are included in discussions pertinent to their wellbeing and personal development as equal Partners.
Para 68) The DDP Programme, an outcome of community collaboration of all stakeholders ensures the communities take ownership of their own development. The development plans are the basis for current and future development in the villages and districts enabling coherent support by the government and all stakeholders. As of January 2020, 98% of districts have completed plans which are vital to our human rights efforts in communities. Ending Violence is a key component of these district plans.

UN Compilation:
Para 9) The Working Group on discrimination against women and girls noted that the Constitution declared custom and tradition, along with Christianity, as the basis of the State. While noting that what constituted the Samoan custom and tradition – or Fa’asamoa, the Samoan way of life – was a topic of vibrant public discussion, the Working Group observed the prevalence of a discourse that aimed to maintain the status quo of inequality between men and women on the ground of the uniqueness of Samoan culture and tradition.

Stakeholder Summary:
Para 75) ICAAD reported that many women continued to be treated unequally in aspects of private and public life. Discriminatory treatment occurred because of entrenched cultural, religious, and patriarchal traditions. Samoan men were regarded as the head of households, superior to their wives. Unequal gender roles in Samoa were widely enforced and domestic and sexual violence by men against women were a reflection of gender-based power and control.

National Report:
Para 36) The country team indicated that Samoa had taken important steps to bring its labour laws into line with international standards, including standards promoted by the Committee on the Elimination of Discrimination against Women and the core ILO Conventions. Law reform, in particular the enactment of the Labour and Employment Relations Act 2013, which had repealed the Labour and Employment Act 1972, included maternity and paternity leave entitlements and other fundamental employment rights like equal pay, prohibitions on forced labour and employment discrimination (based on gender, ethnicity and sexual orientation), and the right to collective bargaining and freedom of association.

UN Compilation:
Para 22) The country team indicated that Samoa had signed the joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity at the session of the Human Rights Council held in March 2011.

Stakeholder Summary:
Para 26) JS2 noted positive steps taken by Samoa: repealing criminal provisions prohibiting males 'impersonating' females, prohibiting employment discrimination on the basis of sexual orientation; signing the Joint Statement on Ending Acts of Violence and Related Human Rights Violations Based on Sexual Orientation and Gender Identity; voting in favour of the Asian and Pacific Ministerial Declaration on Population and Development and establishing a National Human Rights Institution.