Independent State of Samoa - Universal Periodic Review

UPR 39, November 2, 2021
Recommendations by Canada

Recommendation

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Thank you, Madame President.

Canada commends the Independent State of Samoa for the peaceful resolution of the contested results of the 2021 general elections through the judicial process.

Canada recommends that Samoa:

1. Continue efforts to end domestic violence and address gender inequality by fully implementing all recommendations outlined in the 2018 National Public Inquiry into Family Violence in Samoa.
2. Repeal provisions that may be applied to criminalize sexual activity between consenting adults of the same sex.
3. Scale up gender-sensitive health education programmes focused on prevention of infectious diseases and intensify efforts to expand access to primary health-care services.
4. Ratify the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime.

Canada commends Samoa for its ratification of the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (UNCAT) and providing training for enhancing the knowledge and skills of law enforcement in the international best practices for implementing UNCAT.

Background

Since 2013, the Office of the Ombudsman has been working to promote and protect human rights and freedoms in Samoa as the National Human Rights Institution.

In 2018, the Office of the Ombudsman released the National Public Inquiry into Family Violence in Samoa Report. The report found that 87% of respondents had experienced threats of violence in the family setting, 86% of women were subject to physical abuse, and 86% of children have been subject to physical violence. It identified the patriarchal nature of Samoa as the cause of almost all domestic violence and highlighted the importance of addressing patriarchy in all forms as essential for combatting family violence. The report made 39 recommendations to build a family violence prevention and protection system encompassing the family, church, village community, government, media, and non-government organizations.

Samoa has taken steps to protect the third gender community called fa’afafine, who are recognized in traditional Samoan customs. However, consensual same-sex sexual acts remain illegal. In 2013, Samoa enacted the Crimes Act, which decriminalised ‘indecent acts’ between males. Despite this advancement, the 2013 Crimes Act still punishes sodomy and does not allow the defence of consent to a charge of sodomy. In addition, the Crimes Act threatens imprisonment if a person is found to have kept or managed a place of resort for homosexual acts. Authorities have not enforced provisions with regard to same-sex sexual conduct between consenting adults.