Salamumu was visited by Miss Samoa Susana Reti Fanueli where she performed with the village’s youth group at the Sa’Moana Resort.

Daniel Mendola, the C.E.O. of Clearwater Sports Resort Ltd who own Sa’Moana, said the event was organised to promote the resort, the village of Salamumu and its youth group.

“The president of the Salamumu Tai Youth Laauli Avau organised this with Samoa Tourism Authority (S.T.A.),” he said.

“So a big thank you for his efforts.”

“I would also like to thank Miss Samoa and S.T.A.’s C.E.O. Papali’i Sonja Hunter for this opportunity.”

“This is the first time Miss Samoa has performed a fia fia in a rural village in Samoa at a private resort.”

“I really believe this is a big step for tourism and if we can continue and promote these on island events which Sa’Moana Resort will support, it will only help to reinforce destination awareness.”

He said Miss Samoa mingled with the 31 guests before she took to the stage to perform the evening’s final dance at the end of the show.

{gallery}miss_samoaMoana_may2014{/gallery}

“The crowd was amazed,” Mr Mendola said.

“Because it was Miss Samoa and she danced really well.”

“The crowd was fairly speechless and her outfit was pretty amazing.”

Mr Mendola said Sa’moana Resort does its best to promote Samoa as a destination and provides support for the village of Salamumu.

“Our fia fia night is our way to provide Salamumu with the opportunity to show their beautiful culture to visitors through song and dance,” he said.

“It is held every Thursday night to provide our guests and all on-island tourists the opportunity to experience Samoan culture at its core roots.”

“Our fia fia show is the finale of a culture day which starts at 11:30am each Thursday.”

He said the Sa’moana Resort culture day is packed with activities including climbing of coconut trees and coconut husking, producing coconut cream the traditional Samoan way, basket weaving, story telling, canoe carving, setting up of the traditional umu, cooking of the umu, making palusami the traditional way, traditional ava ceremony where they crush the root of the ava tree and fia fia and fire knife dancing.

The Sa’moana Resort Fia Fia night happens every Thursday and costs ST$100 per person including full entertainment and dinner. Kids under 11 are ST$50.

A democracy ceases to be a democracy if its citizens do not participate in its governance.

That’s Ombudsman, Maiava Iulai Toma, believes.

He was speaking during the celebration of World Press Freedom Day 2014 hosted at the National University of Samoa on Friday night.

About 50 students, reporters, editors and other news workers from different media attended this event with Maiava the keynote speaker of the night.

He began by quoting former US broadcast journalist Walter Cronkite.

“That democracy ceases to be a democracy if its citizens do not participate in its governance is a truism which almost automatically forces one to be curious about the extent ordinary citizens’ participate in governance.”

Maiava asked invited guests to focus on this “short bold statement” from the former United States broadcast journalist.

“Government and democracy, after all, is said to be government of the people by the people and for the people.”

“Formal structures as we know are put in place to facilitate all of that but do the people really participate in governance in a meaningful way?”

“I believe every citizen must ask this question to themselves about the democracy to which he belongs and in which he lives.”

“If the answer to intelligent inquiry is ‘yes’ then, rather good. If however one senses the answer is to be ‘not really’ or, even worse, ‘a bit’ no then one must ask why.”

Maiava then read the full quote from Cronkite:

“A democracy ceases to be a democracy, if its citizens do not participate in its governance. To participate intelligently, they must know what their government has done, is doing and plans to do in their names. Whenever any hindrance, no matter what its name, is placed in the way of this information, a democracy is weakened, and its future endangered. This is the meaning of freedom of the press. It is not just important to democracy, it is democracy.”

“The main motive of free press is to cater to the people’s right to know,” he said.

“In everything I’ve ever learned, there must be limits so what parameters ought to be set by government in the discharge of this mandate? “Truth and accuracy logically commend themselves as companion goals or objectives in this important task and making sure all occurs with regard to these aspects,” he said, “to avoid people being harmed by the press.”

“This was simply a matter of being responsible for what one does,” he said.

But he did not think that media mistakes were a reason to seek to control the news.

“As somebody has pointed out if all print newspapers were not to print anything until they were certain that everything was okay and sure that the printing wouldn’t harm or offend, there will be very little printed.”

Samoa Observer Editor Mata’afa Keni Lesa, raised the debate point from earlier in the day, is media freedom visible in the development of Samoa?

“First question, is it visible? Yes it is and the reason being is because I’m standing here. The Samoa Observer exists because press freedom is alive in Samoa.”

“But we talk about these things and say it’s wonderful that we have a media but what is a media? What really is the work of the media? Why are we here? Are we just here to make up the numbers?”

“We shouldn’t. We are here to make a difference. There are so many ways that you can make a difference.”

“I will say that one of the best ways that you can make a difference – and through that contribute to the development of our country – is by doing what the media is supposed to do.”

“Firstly, we exist to hold our leaders accountable. We are not here to make friends. The media exists to ask questions.”

“We are here as watchdogs of the government. We are here to follow and tell you how your money is spent, and if it’s going to the right places, how our poor taxpayers money are spent, if it’s spent well.”

“And we are also here to inform our readers and audiences so they can make informed decisions.”

Hosted by N.U.S lecturer Misa Vicky Lepou, other speakers included Apulu Lance Polu of Talamua and Unasa Felise Va’a of the Iniini Newspaper.

“It is too early to determine the severity of the predicted El Niño event. In fact, the last time Samoa was under an El Niño was in 2009/2010, where a “weak El Niño” in the Pacific caused water rationing in vulnerable drier areas of Samoa”

An El Niño is likely to develop in 2014, the Samoa Meteorology Division (SMD) has warned. Working from the Ministry of Natural Resources and Environment (MNRE), they have been closely monitoring the oceanic and atmospheric conditions in the tropical Pacific that could lead to possible development of an El Niño this year. This monitoring work is part of Samoa’s Climate Early Warning System (CLEWS).

“Advanced climate science available through CLEWS allows us to alert industries, government ministries and emergency managers about the weather conditions El Niño may bring so these can be factored into decision-making and ultimately protect life, property and the economy,” according to the Samoa Meteorology Division.

The majority of climate models analysed, 70 per cent, indicate that El Niño may develop during the southern hemisphere winter (June to August).

El Niño is characterized by unusually warm ocean surface temperatures in the central and eastern equatorial Pacific. La Nina as its direct opposite.

The sea surface temperature anomaly (SSTA) over the tropical Pacific remained to be El Niño Southern Oscillation (ENSO)-Neutral (not El Nino nor La Nina) during the past several months. The established threshold of SSTA for an El Niño phenomenon is 0.5°C or higher during a three-month period.

The Samoa Meteorology Division has already noted significant increase in the SSTA from 0.2 to 0.4 C from April 21 to April 28, 2014. Because of this development and as climate models predict that this condition may persist for the next nine months, Samoa Meteorology Division is foreseeing the onset of El Niño in June which may peak during the last quarter of 2014 and may last up to the first quarter of 2015.

El Niño could affect the normal rainfall pattern in the country generally resulting in reduced rainfall. Day time temperatures tend to be hotter than normal over Samoa during El Niño. Different parts of the country may experience varying rainfall impacts (see figure below).

As a consequence of El Niño developing and further strengthening in the coming months, the following key sectors could be impacted includes; Water, Agriculture, Health, Energy (Hydropower), Tourism (Accomodation Facilities), Marine Ecosystems and Forestry.

It is too early to determine the severity of the predicted El Niño event. In fact, the last time Samoa was under an El Niño was in 2009/2010, where a “weak El Niño” in the Pacific caused water rationing in vulnerable drier areas of Samoa.

In 1997/1998; a “full fledged El Niño” led to a 7-month drought, adversely impacted water supplies, lower sea levels caused coral bleaching, affected agricultural farms and associated with massive forest fires in northwest region of Savaii, in Asau and Aopo that burned continuously for weeks.

Samoa Meteorology Division will continue to closely monitor the rapidly evolving situation in the tropical Pacific and updates/advisories shall be issued as appropriate.

Samoa Meteorology Division has prepared seasonal rainfall outlook for coming three to six months for the different parts of the country. These monthly climate bulletins and future alerts can be accessed on our office website, www.mnre.gov.ws.

Concerned agencies and the general public are hereby advised to take precautionary measures to mitigate the potential impacts of this phenomenon.

Public consultations into proposed legislation may be a thing of the past if Government cannot front the $20,000 each one costs to the Samoa Law Reform Commission (S.L.R.C.).

In its report, the Justice, Police and Prisons and Land and Titles (J.P.P.L.T.) Committee on the S.L.R.C.’s Annual Report for the Financial Year July 2011-June 2013, it says despite being one of the “key developments” for the Commission, AusAID is no longer funding the consultations.

The Committee noted the importance in the Commission’s awareness programs through public consultations.

The Committee’s Chairman is Associate Minister of Finance, Tuisa Tasi Patea.

“Especially with awareness programs on the television which encourages the public, to participate and voice their concerns during public consultations towards the reviewing and reforming of the laws of Samoa,” the Report reads.

“The Committee took note of the constant progress of consultation programs with village members in Upolu and Savaii over the past year, as the Commission continues to work alongside other Government Ministries especially with the Ministry of Women, Community and Social Development.”

“However, one difficulty faced by the Commission was that the Government of Australia (AusAID) no longer provides funds for the implementation of these public consultations.

“The Commission stated that most of the consultation programs were funded by the Australian Government’s through the AusAID funds.

“The usual amount of money needed to implement these programs costs up to approximately $20,000 per consultation program.

“As of today, the Commission is working together with the Law and Justice Sector to consult with international organisations and agencies in assisting the Samoa Law Reform Commission to fund its projects.”

The J.P.P.L.T. Committee also reports that the Annual Report outlines some of the major challenges faced by the Commission, especially in trying to complete the Final Reports that began in 2009. “Despite the many challenges, the Committee took notice of some of the remarkable achievements of the Commission, particularly in March of 2011 when the Cabinet approved the separation of the Samoa Law Reform Commission from the Attorney General’s Office.

“The Committee also noticed the extensive work of the Commission in collaboration with the Law and Justice Sector agencies through public consultations.

“Public consultations for the review of the Village Fana Act 1990, the Supreme Court Civil Procedure Rules 1980 and the District Court Rules 1971.

“The Commission affirmed that the Final Reports for the above subject matters have been presented to the Cabinet in order to be reviewed and given the Cabinet’s approval regarding its availability to the public.”In addition to Tuisa, the J.P.P.L.T. Committee comprises of Afoafouvale John Moors as its Deputy Chairperson and Members Lafaitele Patrick Leiataualesa, Lenata1 Victor Faafoi Tamapua, Papali’i Lio F. Taeu Masipau, Lefau Harry Schuster and Tapuai Toese Ah Sam.

The report is published verbatim below:

RECOMMENDATION: The Justice, Police & Prisons and Land & Titles Committee recommends that the Assembly takes note of its Report.

2. PREAMBLE: The Justice, Police & Prisons and Land & Titles Committee is constituted pursuant to provision of Standing Orders 173.

3. STANDING ORDER 173 In accordance with the provisions of Standing Orders 173, it shall be the duty of the Committee:- (a) To consider any bill, petition or other matter referred by the Assembly or pursuant to these Standing Orders; and such Estimates or review of ministerial performance as maybe referred by the Finance & Expenditure Committee. (b) To consider private bills; (c) To examine the policy, administration and expenditure of ministries and associated government organizations related to Official information, information privacy corrections, courts, legal services, justice, police, privacy, serious fraud, lands and titles.

4. PAPER CONSIDERED: P.P. 2013/2014 No. 52, Samoa Law Reform Commission Annual Report 2011/2012.

5. WINTNESSES The Committee in the course of its investigation of the Samoa Law Reform Commission heard evidence submitted by: Leota Theresa Potoi - Executive Director Ulupale Fuimaono - Assistant Executive Director Malaea Aloese Feterika - Manager Corporate Services

6. FINDINGS The Annual Report of the Samoa Law Reform Commission for the Financial Year 2011/2012 outlines some of the future goals and objectives as well as the work completed and achieved by the Commission within the reported period of time. 6.1 Objectives The Committee took note that this is the third Annual Report of the Samoa Law Reform Commission since its establishment in 2008. The Commission’s main functions canters around reviewing, researching and updating of existing laws; ensuring that the law reflects and maintain Samoan customs and traditions taking into consideration the current developments Given a lot o Samoa’s laws are very old, the Samoa Law Reform Commission performs the important role of ensuring that Samoa laws are continually reviewed and updated. The Committee took note that one of the most effective ways in which the Commission had achieved its objectives over the years is through engaging the public to participate and voice their views on the current laws in the country through public consultations.

Some of the old laws which the Cabinet advised the Commission to review include: - Law Practitioners Act 1976; - Prisons Act 1 96 7; - Criminal Procedure Act 1972; and - District C0urtAct 1 9 71. The Committee noticed that despite the Commission’s steady progress with its work, its major challenge is the shortage in staff members. There is still need to recruit more legal staff in order to fulfill the Con1mission’s tasks and pursue its mandate to review, reform and develop the laws of Samoa. The Committee fully supports this recommendation and appeal from the Samoa Law Reform Commission as there is a need to recruit more employees to assist in the law reform process.

6.2 Key Developments 2011/2012 The Annual Report outlines some of the major challenges faced by the Commission, especially in trying to complete the Final Reports that began in 2009. Despite the many challenges, the Committee took notice of some of the remarkable achievements of the Commission, particularly in March of 2011 when the Cabinet approved the separation of the Samoa Law Reform Commission from the Attorney General’s Office. The Committee also noticed the extensive work of the Commission in collaboration with the Law and Justice Sector agencies through public consultations. Public consultations for the review of: - the Village Fana Act 1990; - the Supreme Court Civil Procedure Rules 1980; and - the District Court Rules 1971. The Commission affirmed that the Final Reports for the above subject matters have been presented to the Cabinet in order to be reviewed and given the Cabinet’s approval regarding its availability to the public.

6.3 Public Consultations The Committee took note of the importance in the Commission’s awareness programs through public consultations, especially with awareness programs on the television which encourages the public, to participate and voice their concerns during public consultations towards the reviewing and reforming of the laws of Samoa. The Committee took note of the constant progress of consultation programs with village members in Upolu and Savaii over the past year, as the Commission continues to work alongside other Government Ministries especially with the Ministry of Women, Community and Social Development. However, one difficulty faced by the Commission was that the Government of Australia (AusAID) no longer provides funds for the implementation of these public consultations. The Commission stated that most of the consultation programs were funded by the Australian Government’s through the Aus AID funds. The usual amount of money needed to implement these programs costs up to approximately $20,000 per consultation program. As of today, the Commission is working together with the Law and Justice Sector to consult with international organizations and agencies in assisting the Samoa Law Reform Commission to fund its projects.

6.4 Acknowledgement The Committee Wishes to acknowledge the former Executive Director of the Law Reform Commission who was responsible for the hard-work as reflected in the reported Financial Year. The Commission also extends their best wishes to the new Executive Director on the new appointment and the tasks ahead. The Committee also wishes to acknowledge the Commission’s public consultation programs for the important role that they play in reviewing and reforming the old laws of Samoa for generations to come. The Committee feels that the Commission’s public consultation programs should continue in the future.

7. RECOMENDATIONS Based on its findings, the Committee recommends the Government:- 1. To allocate the appropriate amount of funds for the Samoa Law Reform Commission towards the implementation of additional public consultations on laws which need to be reformed. The Committee believes in the invaluable work of the Commission especially with the opportunity given to the public to voice their views on laws that the Government decides to reform. 2. To appeal to the Public Service Commission and the Ministry of Finance for additional job vacancies particularly in the senior level to assist with the workload of the Samoa Law Reform Commission. 3. To consult and foster relationships with international law reform organizations and agencies to not only assist the Samoa Law Reform with Projects but also in providing opportunities for the staff to be exposed overseas to broaden their knowledge and understanding on law reform issues passed by the Legislative Assembly of Samoa. 8. RESOLUTION: At the conclusion of its consideration the Committee resolved to recommend the Assembly: To approve P.P. 2013/2014 No. 52, Samoa Law Reform Commission Annual Report 2011/2012.

Tuisa Tasi Patea Chairperson

For the past few days, the Samoa Observer has been publishing the 39 reports tabled and approved by Parliament without debate last month. Today, we are looking at the report by the Justice, Police and Prisons and Land and Titles (J.P.P.L.T.) Committee on the Samoa Law Reform Commission's Annual Report for the Financial Year July 2011-June 2013.

The Tautua Samoa Party is urging the government to push its Corporations to hand in annual reports and financial statements on time as required by the law.

The law in question is the Public Finance Management Act. This requires the government to produce statements and confirmation of adherence to fiscal discipline.

Last week, Member of Parliament for Fa’asaleleaga No. 2, Papali’i Lio Masipau criticised public bodies for delaying the submission of their reports.

An example he pointed to is the Samoa Land Corporation report from 2008 – 2009 that should’ve been tabled in Parliament three years ago.

“This law is very important, for it monitors our country’s financial state,” he said.

“But it’s disappointing to see that there is not much value being put on it and it reflects with all the problems that are showing. This act is not being enforced, it needs to be put into practice.”

Papali’i said the legislation emphasised the need to ensure accounts and records are properly maintained.

It highlights the role of Ministers and corporations to better manage their budget according to the government budget.

But most importantly is the period when the reports and financial statements should be ready.

“In section 104 all government SOEs should have their reports ready within four months to submit to the Chief Auditor,” he said.

“And when the chief auditor has done his work on it and its recommendation it then should be ready to be tabled in parliament… but the common practice we see now is nothing is done on time.”

Afualo Dr. Wood Salele echoed the same concern.

Afualo suggested if the Ministries don’t apply with the law, “they should be taken to court”.

“We need to protect (taxpayers) money,” he said.

MP Levaopolo Talatonu Vaai agreed.

He questioned the authority in charge of monitoring the ministries.

“There used to be reforms where public bodies had internal audits and legal advisers,” he recalled.

“Their work was very important in the sense where they made sure every coin was accounted for and made recommendations in auditor’s report on ways to improve their work.

“I believe that the Attorney General’s office is not doing their work which is they are responsible for making sure these public bodies are abiding by the law.”

Levaopolo pointed to the SLC auditor’s report from 2008 to 2009.

“If these reports were from 2008 to 2009, who knows what’s in the 2010, 2011, 2012 and 2013 reports?

“Their role (AG) is vital here.”

Acting Leader for Tautua, A’eau Peniamina Leavaiseeta, agrees.

He said the reports that were passed in Parliament without debate contained a lot of knowledge wasted a lot of time.

“This goes back to the more than 20 reports that were members of the committee,” he said.

“There were millions and millions that aren’t accounted for in the reports.”

M.P. Toeolesulusulu Cedric Shuster pushed for public bodies to hand in their reports on time.

“We don’t want to take them to court, it will waste more money from our people,” he said.

“All we want and urge them to do is to hand in their reports and financial statements on time so that the country can be informed of where and how their money are being spent.”

Questions were sent to the Attorney General, Aumua Ming Leung Wai last week.

However, Aumua responded on Friday that he was away from the country for two weeks.

He will respond to questions some time this week.

Providing greater detail from household and other surveys to the public was the aim of a five day consultation for statistics developers, using new meta data software.

Held at the Tui Atua Tupua Tamasese Efi Building, ending last Friday, the training brought together data workers from key ministries, focusing on household surveys.

“What we do is help the producers of statistical information,” said Gaye Parcon, Regional Coordinator for Asia from I.H.S.N., the International Household Survey Network.

The program is a joint project with I.H.S.N., the World Bank and O.E.C.D., the Organization for Economic Corporation and Development.

“We help in disseminating and making this information more available to the public so there would be an increased utilisation of this information since, most often, a lot of resources are invested in data collection.”

“Before we disseminate data, it must also be accompanied by proper information, like what these data are, how these are collected or descriptions of this data so that the users can be properly guided.”

Training was given in the Metadata Editor, free software that produces statistics that are fully compliant with the Data Documentation Initiative, which attempts to produce information to the same structure and standards worldside.

“This software was developing by the International House Survey Network (IHSN) primarily to facilitate the sharing of statistical information on the website and this is given out to distribute for free.

“This is also using open source software so that means they will not have to worry about licenses ever and in fact the users can customise it to their own specific needs.

“For example, you have the National University of Samoa here and if they decide to use the software an academic institution may have different needs from government statistical agencies.”

Local health organisations are another example of groups that are able to adapt the software to their requirements.

I.H.S.N introduced the software to the region in 2010 through the Secretariat of the Pacific Community with S.P.C. organising a workshop for Pacific Islands members in 2012.

Samoa is the first national workshop the network has conducted.

“So upon the invitation of the Samoa Bureau Statistics we came over as they organised this workshop and invited participants from other agencies such as MCIL, MWCSD, SQA, not just SBS,” she said, referring to the Ministry of Commerce, Industry and Labour, the Ministry of Women, Community and Social Development, the Samoa Qualifications Authority and the Samoa Bureau of Statistics.

Ms. Parcon said the training was not difficult because everyone spoke English. “We go into different countries who speak little English and so we use interpreters in those cases.”

Feedback confirmed that the software would be useful, she said.

“We have conducted meetings with the users on Tuesday and early Thursday morning and the response we got is that it will benefit the public of Samoa and the whole community, not just those in the government jobs.

“By hosting Metadata or descriptions about the data online, on the web, it opens information to the general public of what is available in the agencies, because, so far, so much information is there but the public do not know that it is there.

“So that’s the first thing and they also get to understand how they do it, for example S.B.S. reports, something like employment figures, the general public gets to understand how they come up with those figures.”

Metadata explains how they conduct surveys, who do they ask, what questions they need to ask, she said.

She also said that metadata is the description for microdata.

“What you commonly see in the reports are tabular reports like summaries and statistics.

“Micro data is going lower, so we don’t just look at aggregates, say Apia or regions of Apia, but we can lower to the response in Apia, so whether there are any households or businesses.

“But of course we have to employ methods to keep the identity of this response confidential,” she said.

“We cannot divulge. If I answer the survey, I don’t want you to know that I answered the survey, so for those things, we employ techniques, statistical techniques, to keep the responses confidential.

“So what I’m hoping to get from this training is to see the metadata on the Samoa Bureau Statistic website.

“The direct output would be to see those Meta Data on the S.B.S. website, but the final outcome is to increase circulation of data like more researchers using the data, because once we enrich the research community then the benefit will all go back to the people.”

The I.H.S.N. website about page states that the mission of the network is to improve the availability, accessibility, and quality of survey data within developing countries, and to encourage the analysis and use of this data by national and international development decision makers, the research community, and other stakeholders.

The government has come under fire for its apparent lack of evidencebased research into a new law proposing to offer citizenships for cash.

The President of the Chamber of Commerce and Industry (C.O.C.I.), Klaus Stunzner Jr., said based on the information provided by the Ministry of Commerce, Industry and Labour (M.C.I.L.), the Chamber is not convinced that the proposed law will benefit Samoa.

Mr. Stunzner Jr. was speaking during the first public consultation about the Draft Citizenship Investment Bill 2014.

“I will start by saying that from the Chamber's perspective, we always support any initiatives to promote Samoa as a viable and safe economy and country for business,” he said.

“The Chamber also supports any new initiatives that we believe will be substantive or beneficial for the economy. “In considering any new policy initiatives one of the key guidelines that the Chamber looks at has to be evidence-based.

“And in this case, based on information available to us, we would like to say that we are not convinced that this new initiative will generate the desired benefits that we expect from Foreign Direct Investment (F.D.I.).”

His comments were supported by former Chamber President and businesswoman, Lemalu Sina Retzlaff. She questioned one of the figures in the report.

“There are a few things in the background information,” she said.

“One that jumps out is that Samoa has shown a high exposure to foreign direct investment and it shows that it is…133 per cent.”

The M.C.I.L Consultation Draft handed out at the meeting claims that the F.D.I stock has increased steadily in the region.

“From 2005 to 2009, the Pacific’s F.D.I. inward stock as a percentage of G.D.P. increased on average at 14 per cent annually to reach 44 per cent share in 2009,” the Consultation Draft reads.

“In particular, Samoa has shown a high exposure to F.D.I. as its share of F.D.I. to G.D.P. reached 133 per cent.”

It is an odd number, considering the F.D.I. is reported on an annual basis, the Global Economy Website reports.

“F.D.I. is reported on an annual basis, i.e. how much new investment was received in the country during the current year,” the website states.

“It typically runs at about 2-3 per cent of the size of the economy measured by its gross domestic product.

“If a country routinely receives F.D.I. that exceeds 5-6 per cent of G.D.P. each year, then this is a significant success.” Lemalu said that it would be great if that happened, if that was true.

“I just wanted perhaps some clarification, just in general, where that comes from and if in fact that is true that 133 per cent of our G.D.P. (Gross Domestic Product),” she asked.

Consultant Stephen Musubire, a Trade Policy Analyst attached to M.C.I.L., said the F.D.I. to G.D.P. ratio figure was based on just one report.

“In specifically responding to first the issues raised by Sina, the reference to F.D.I. G.D.P. ratio of 133 per cent the origin that and also supported within the committee was a result of a U.N.C.T.A.D. (United Nations Conference on Trade and Development) compiled report (in) 2010,” he said.

“And that was basically the basis for evidence to prove that Samoa heavily relies on foreign direct investment and it is crucial of income for Samoa as an economy.”

But Lemalu could have a point. On reading the section of the unnamed report mentioned in the M.C.I.L.

Consultation Draft, it appears that the share of F.D.I. to G.D.P. ratio had increased by 133 per cent might be closer to the truth, not that the F.D.I. was 133 per cent of G.D.P as a ratio.

The more correct ratio F.D.I. to G.D.P for the same year is presented in a report by Simon Feeny, Sasi Iamsiraroj and Mark McGillivray titled Growth and Foreign Direct Investment in the Pacific Island Countries offers up data for the net inflows of F.D.I. to G.D.P. as a percentage.

For the period 2000-2009 Samoa had the lowest F.D.I. to G.D.P. ratio in the region coming in at just 0.87 per cent.

Looking at U.N.C.T.A.D. its Least Developed Countries Report 2012, it says that Samoa made US$12,000,000 from F.D.I. That equates to 1.7 per cent of G.D.P.

As a result of the alleged lack of evidence that this proposed legislation would indeed boost Samoa’s economy, Mr. Stunzner said the Chamber did not have any comments on the actual provisions of the Bill.

However, he made several recommendations along the lines of evidence-based framework.

“It is the Chamber’s position that for recommendation that this Bill be put on hold,” he said. “Until extensive due diligence and an extensive scrutinising process has taken place or been undertaken to identify and justify the need for the bill.

“At this point in time what we are seeing is very much talking about prospective benefits. What the Chamber would like to see if this can be quantified and to actually substantiate the need for this Bill.

“The Chamber would also like to recommend that in this process that maybe a holistic review of the investment achieved over the last 10 years also be undertaken.

“To see how it has benefitted Samoa and to identify areas where foreign investment could (be) further developed and also to identify barriers that are in place.

“The comments that we have put forward at this point in time is very much based on information that has been made available. So at this point in time that is very much the position of Chamber.”

M.C.I.L. C.E.O., Auelua Samuelu Enari, defended the research conducted into the Bill, before conceding the proposed legislation did have its “shortcomings”.

“Those (views) are fair,” he responded to Mr Stunzner. “And we also welcome your remarks and we will await your submission.

“At the beginning when we first started or commenced into researching this type of initiative, we the Ministry as well as the Committee have made extensive research.

“We looked into what New Zealand was doing, we looked into what Australia was doing and we looked at the model of Singapore and the model of Saint Kits (and Nevis), and the model being used by Canada.

“These are all the models that we were exploring and then we looked into what would be possible tailormade for Samoa. So this is how we arrived…at this initiative.”

He said the best way to address the challenges of the legislation was simply to implement it.

“We have the belief that most of all the challenges and shortcomings of this Bill can only be realised when we implement something,” said Auelua. “When we implement, we improve and of course the country, the Government also has the right to uphold or to suspend if there are some issues that arise.

“We looked into some other countries that undertook this type of initiative also and in some time during the process of their law they suspended it before they recommenced while they were improving.

“So I believe all the fears and concerns and the worries can be looked into if we started to implement something.

“And then when we know what is the problem, what the challenges are and what the shortcomings are that when we start to develop, we can address it as we go along.

“Because as we all know that in any initiative development it can only evolve for betterment from starting to implement something.”

Samoan pride reached an all time high for thousands of Samoans in Australia who gathered at Penrith last Saturday to support Toa Samoa.

{gallery}toa_samoa_supporters{/gallery}

While Samoa and Fiji were getting ready to lock horns on the field, the fun, carnival-like night had long started for the fans.

The Samoans were all decked out in their proud blue colours as they supported their team.

In the end, Samoa got the fourth and final ticket to the Four Nations at the end of the year with a 32- 16 victory over Fiji at Penrith's Sportingbet Stadium.

But there was no denying that rugby league – as it always seems after games like this – was the real winner in all of this.

Above are some photos from the night, courtesy of Samoa Rugby League.

A Commission of Inquiry has upheld freedom of religion in Samoa saying no change should be made to article 11 of the Constitution.

This was reported by the Justice, Police and Prisons and Land and Titles (J.P.P.L.T.) Committee in its Report on the Samoa Law Reform Commission Report on the Village Fono Act 1990.

The Committee’s Chairman is Tuisa Tasi Patea.

The J.P.P.L.T. Committee reports that in accordance with the Commission’s functions as prescribed in the Law Reform Commission Act 2008, consultation and research were carried out in order to report its recommendations as given by reference from the Government and Attorney General on the 2010 Inquiry, that was held to look into issues that had arisen in the past involving Article 11 of the Constitution.

This article deals with freedom of religion.

“Every person has the right to freedom of thought, conscience and religion,” Article 11 Clause one of the Constitution of the Independent State of Western Samoa 1960 reads.

“This right includes freedom to change his religion or belief, and freedom, either alone or in community with others, and, in public or private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

Clause 2 of the article states “nothing in clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that clause in the interests of national security or of public order' health or morals, or for protecting the rights and freedom of others, including their rights and freedom to observe and practice their religion without the unsolicited interference of members of other religions.”

In response to this the Committee noted that recommendations given in the Village Fono Act Report 09/12 were based on the recommendations reported by the Commission of Inquiry and Cabinet Directive FK (11) 02 and FK (11) 23.

“The Committee also noted that during the course of the Commission's consideration the Samoan customs and traditions were paramount in all considerations,” the report reads.

“This Legislation (the Village Fono Act) gives validity and empowers the exercise of power and authority by the Village Fono in accordance with the certain custom and usage of their villages and to confirm or grant certain powers and to provide for incidental matters.

“The Committee noted that in by way of background, a Commission of Inquiry was appointed in 2010 to inquire into issues that have arisen in the past involving Article 11 (freedom of religion) and report to Cabinet.”

The Committee reports that from the specific terms of reference of the Commission of Inquiry, it offered six recommendations.

“There is no basis for making any change to the Constitution and hence article 11 should remain untouched,” recommendation one reads in the report.

Recommendation two reads: “Government to consider legislative measure to consider communal collective rights and customary role that is play by Alii and Faipule in the process of establishing a new church in a traditional village.”

In addition to Tuisa, the J.P.P.L.T. Committee comprises of Afoafouvale John Moors as its Deputy Chairperson and Members Lafaitele Patrick Leiataualesa, Lenata Victor Faafoi Tamapua, Papali’i Lio F. Taeu Masipau, Lefau Harry Schuster, Tapuai Toese Ah Sam and Lenatai Victor Faafoi Tamapua.

The report is published verbatim below:

1. RECOMMENDATION:

The Justice, Police & Prisons and Land & Titles Committee recommends that the Assembly takes note of its Report. 2. PREAMBLE: The Justice, Police & Prisons and Land & Titles Committee is constituted pursuant to provision of Standing Orders 173.

3. STANDING ORDER 173:

In accordance with the provisions of Standing Orders 173, it shall be the duty of the Committee:- (a) To consider any bill, petition or other matter referred by the Assembly or pursuant to these Standing Orders; and such Estimates or review of ministerial performance as maybe referred by the Finance & Expenditure Committee.

(b) To consider private bills; (c) To examine the policy, administration and expenditure of ministries and associated government organizations related to Official information, information privacy corrections, courts, legal services, justice, police, privacy, serious fraud, lands and titles.

4. PAPER CONSIDERED P.P. 2012/2013 No. 91, Samoa Law Reform Commission Report on the Village Fono Act 1990, Report 09/12.

5. ASSISTANCE (S.O. 156): The Committee in the course of its investigation heard evidence submitted by: Samoa Law Reform Commission Leilani Tuala-Warren - Executive Director Pale Fuimaono - Principal Legal Analyst

6. FINDINGS: In accordance with its functions as prescribed in the Law Reform Commission Act 2008. Consultation and research were carried out in order to report its recommendations as given by reference from the Government and Attorney General.

The Committee noted that recommendations given in the Village Fono Act Report 09/12 were based on the recommendations reported by the Commission of Inquiry and Cabinet Directive FK (11)02 and FK (11)23.

The Committee also noted that during the course of the Commissions consideration the Samoan customs and traditions were paramount in all considerations.

6.1 REVIEW OF THE VILLAGE FONO

ACT 1990 This Legislation gives validity and empowers the exercise of power and authority by the Village Fono in accordance with the certain custom and usage of their villages and to confirm or grant certain powers and to provide for incidental matters.

The Committee noted that in by way of background, a Commission of Inquiry was appointed in 2010 to inquire into issues that have arisen in the past involving Article 11 (freedom of religion) and report to Cabinet.

From the specific terms of reference of the Commission of Inquiry, reported back to Cabinet were 6 recommendations a) There is no basis for making any change to the Constitution and hence art 11 should remain untouched. b) Government to consider legislative measure to consider communal collective rights and customary role that is play by Alii and Faipule in the process of establishing a new church in a traditional village c) To consider having guidelines in the Village Fono requiring Alii and Faipule to consider in their decision making in these matters, only objective factors pertaining to the preservation of harmony, stability and security, fundamental rights, monotaga etc as opposed to discriminatory or religious reasons.

d) Consideration of administrative requirement or measure through the Village F0/10 Act to bring to light village policies on new churches and religions for registration and scrutiny. e) An awareness programme for rural areas on the religious freedom provisions of the Constitution f) Consideration of establishing a Religious Practices Commission to examine on a continuing basis and to make appropriate recommendations to Government, as necessary, on practices considered prejudicial to Samoa in context of Art 11(2). This must bear in mind the values of Samoan society expressed in the Preamble of the Constitution. 5 Also noted by the Committee, in February 2011, the Commission was given reference by Cabinet F.K. (11)02 to look into the Commission of Inquiry Report 2010 on the workability of Article 11 (Freedom of Religion) of the Constitution, in specific the following: a) Cabinet directed that Art 11 should remain untouched, as in option (a) of the Commission of Inquiry Report b) To review the options, (b, c, d, e, t) of the Commission of Inquiry Report and report to Cabinet.

In concluding, the Commission in its submission recommended to Cabinet as a feasible option the amendment of the Village Fono Act to address concerns relating to the powers of the Village Fono and the establishment of new churches. Such an approach take into account general applicable laws and the reasonable limitation approach in Article 11(2) of the Constitution.

Cabinet Directive F.K. (11)23 endorsed the recommendation by the Commission to amend the Village Fono Act and to consider general applicable laws and the reasonable limitation approach in Article 11(2) of the Constitution. Following Cabinet endorsement, the Commission in collaboration with the Law and Justice Sector partners engaged in public consultations in September 2011 on the review of the Village Fono Act as it relates to Article 11 of the Constitution.

During public consultation the Commission sought views from stakeholders and members of the public on ways to improve and amend the Village Fono Act to address the issues identified in the Commission of Inquiry report to Cabinet.

Committee noted that the Report by the Samoa Law Reform Commission on the Village Fono Act 1990, is a way forward in amending the Village Fono Act to ensure that the concerns raised by the Commission of Inquiry Report and the Commissions (SLRC) submission to Cabinet are considered and addressed. At the conclusion of this report, the Commissions recommendations on reforms to the Village Fono Act taking into account issues that arose in relation to Article l I of the Constitution.

6.2 REFORMS: The Committee noted that the report of the Commission on the Village Fono Act I990, focused mainly on: - Article 11 of the Constitution; and - Interpretation of the Act as a whole; The Committee notes that these were made possible by contributions and submissions from the public, and also research in the background in the first introduction of the Act.

6.3 RECOMMENDATION FOR REFORM: Changes and recommendations have only been made where the Law Reform Commission considered appropriate in order to improve the duties and roles of the Village Fono, and also to review the recommendations by the Commission of Inquiry. The reforms by the Commission take into account in order to enhance Samoa’s society, culture and economy to better address the needs of the Government and the community.

The Committee in its review of the Report of the Samoa Law Reform Commission on the Village Fono Act 1990, in which 23 Recommendations are outlined within.

7. ACKNOWLEDGEMENT: The Committee acknowledges the Commission for the hard work put into making its report possible in order to meet the Commissions main objectives.

8. RECOMMENDATION: Based on its findings, the Committee recommends the Government:- To take note and consider Recommendations submitted by the Samoa Law Reform Commission on the Review of the Village Fono Act 1990.

9. RESOLUTION: At the conclusion of its consideration the Committee resolved to recommend the Assembly: To approve P.P. 2012/2013 No. 91, Samoa Law Reform Commission Report on the Village Fono Act, Report 09/12. TUISA Tasi Patea CHAIRPERSON

For the past two weeks, the Samoa Observer has been publishing the 39 reports tabled and approved by Parliament without debate last month.
Today, we are looking at the Justice, Police and Prisons and Land and Titles (J.P.P.L.T.) Committee report on the Samoa Law Reform Commission Report on the Village Fono Act 1990.

The Church of Jesus Christ of the Latterday Saints (L.D.S.) donated a $200,000 Neonatal Machine to the Faleolo Medical Centre yesterday morning.

Upolu Samoa West Stake President, Mulipola Oliva Mulipola, presented the machine to the Minister of Health, Tuitama Dr. Leao Tuitama.

“As you all know, the Faleolo Medical Centre was opened last year,” he said.

“While the work for this hospital was still going, we received a request from the US Charge’d’ Affaires, Chad Berbert, who is also member of the church.

“He requested to the Church to help with some equipment needed for the new Hospital.

“When the request was accepted by the Church, we contacted the Ministry of Health to find a machine and let the church know when they find one.

“Today, we have it here, the Neonatal Machine, which cost more than NZD$123,000.

“The purpose of this equipment is to help the people living on this side of Upolu.”

Mulipola said it is the wish of the church that the equipment will be used to save lives.

Health Minister, Tuitama thanked the LDS for the generous donation. The neonatal machine is an equipment used to care for babies in the neonatal Intensive Care Unit.

Women will make up half of Parliament following the 2016 General Election, if one group gets their way.

Called Ala Mai Samoa, which literally means “Samoa Wake Up,” their goal is to have female candidates occupy at least 50 per cent of the seats at the Maota Fono.

Speaking during a recent United Nations event held in Samoa, group member, Lemalu Nele Leilua, said their project intends to achieve this through a sequence of well thought out activities to be implemented incrementally, taking into account the diversity of village governance systems as well as other sociocultural sub systems and personal values and principles.

“We are committed to ensuring that 50 per cent of Parliament seats shall be occupied by woman candidates at the conclusion of the 2016 General Election,” she said. “Our team will work towards achieving this honourable goal by mobilising support of village fonos and every voter, men, women and youth alike through supporting potential women candidates.

“It is also the intention of this B.T.I. (Breakthrough Initiative) to mentor, coach and help these women in whatever aspects they so wish.”

Lemalu said Ala Mai Samoa intends to find out the potential female candidates in each constituency and mobilise the necessary support they need in the context of a constituency, village fono and voters.

“In addition, we will assist and support them in clarifying specific issues relating to the election,” she said.

“Our approach is not to segregate the female voters and candidates from the men, but to work with men and youth as equal partners in this project.”

Through what she termed a “conversation of possibility”, Lemalu said a breakthrough in Ala Mai Samoa’s project would mean for the first time Samoa will have more than just several female Members of Parliament (M.P.’s).

“It means a more balanced, inclusive or representative dialogue and articulation of fundamental issues of particular interest to women will be debated (and) addressed effectively, for instance family safety and security, health (and) education,” Lemalu said.

“At the macro level women would offer new perspectives and rationales to the decision-making process shaped by their nurturing (and) caring values and principles.

“The voice and concerns of many women would then be heard in Parliament.

“It is also our hope that these concerns will be taken seriously by Parliament and reflected in the process of law making, laws (and) legislation and in the implementation of the same.

“Having more women representatives in Parliament would also mean women would have a voice in the monitoring (and) accountability requirements of these laws.”

Lemalu said if the concerns of half the population were taken seriously, it should contribute positively to the economic development of Samoa subsequently it should alleviate pockets of poverty in general and seen in specific localities.

“It means more positive development nationally will be the outcome of the project,” she said.

“We are emancipating awareness amongst men and women alike, that if the other half of the population contributes equally to Samoa’s development in every sub-system of society, the economic status of our country will be much higher.

“In the family context, economic wellbeing will contribute to peace and harmony at various levels family and extended families, village, church, district and nationwide.

“We are building a much deeper understanding between men, women and the youth that democracy needs the active participation of women as M.P.s.

“We hope through the process, our country and people will recognise and invest in building trust and respect, tolerance and acceptance, integrity and freedom so that voters are not coerced into voting but choose the right candidates into Parliament.

“Getting the right people into Parliament will result in better law and people will respect the process and the institution.”

Moving beyond the possibility and talking about opportunity for women, Lemalu said this second conversation provided Ala Mai Samoa with the chance to explore and become creative in answering the ‘what; and the ‘how’ questions.

“These conversations have been productive because we made us focus on feasible and practical ideas,” she said.

She said under their project their B.T.I. would address both leverage, that is to make a significant contribution to addressing the women status in the political and decision making domain, and visibility and measurability – something that is high profile and concerns nationally, regionally and globally, relatively near-term results and relevance.

“We declare that by the end of this project our breakthrough would be to have an equal representation of men and women candidates in the Samoa Parliament,” she said.

“This commitment will drive our team to work harder.

“If however 50 per cent cannot be achieved, at least a number higher than just five women M.P.s stipulated in the recent amendment is a leverage and progress towards recognising gender equality.

“At the micro level our breakthrough would encourage and nurture more women to take up leadership roles in any domain of our society.

“It requires that we consult widely and educate our men and women alike of the benefits of equal contribution in various systems.”

To measure the success of their campaign Ala Mai Samoa has a number of conditions of satisfaction.

“Identify which constituencies are more liberal and more amenable to our goal, at least 35 constituencies,” she said.

“Identify who the potential women candidates from each constituency are.

“Persuade other women who we feel have the potential but are not interested because of personal reasons.

“Focus on potentially 35 constituencies supportive of women candidates and candidates who have a greater opportunity to win the election – (the ) 30/60/10 phenomena.

“Get the women who contested past elections and share with them on strategies and things to avoid so that our team could help the intending women candidates.

“Share our strategies with the Parliamentary Advisor from New Zealand or Australia for more advice given their experience from their country and other Pacific island countries they have worked in.

“Mobilise our support for the election of potential women candidates through meeting with identified village fonos, women groups in those villages and youths, as well as other subsystems like the church leaders, sports clubs, private sector, civil society and donors.”

Lemalu said in an effort to achieve the 50 per cent mark, Ala Mai Samoa functions within the framework of a Parliamentary Action Plan.

The Court of Appeal has dismissed an appeal by the Offi ce of the Attorney General against the Court’s decision in the hearing of murder accused, Jonathan Crichton.

The main ground of appeal was that Justice Lesatele Rapi Vaai had erred in law by overturning the guilty verdict of the assessors and substituting a not guilty verdict.

In response, Crichton’s lawyer, Rosella Viane Papali’i, argued that the Offi ce of the A.G. had no general right to appeal the acquittal and that they could only appeal it if they show there was an error of law.

Ms. Papali’i also argued that there was no such error as Justice Lesatele had followed the correct principles of law. Precious Chang represented the A.G. Presiding were Justice Fisher, Justice Hammond and Justice Blanchard. This is the Court of Appeal’s ruling in full:

JUDGMENT OF THE COURT [1] In this appeal the Attorney- General invites the Court to revisit what it said in Attorney-General v Sefo [2009] WSCA 7 concerning the role of a trial judge under s100 of the Criminal Procedure Act 1972.

That section provides:

If the presiding Judge is of the opinion that the defendant should not be convicted, or if less than 3 out of 4 or 4 out of 5, as the case may be, of the assessors concur in the defendant’s conviction, the defendant shall be acquitted.

[2] Mr Crichton was tried before Vaai J and four assessors on a charge of murder. The assessors unanimously found him guilty. But Vaai J reversed that verdict under sl00 and substituted a verdict of not guilty.

[3] The only right given to the Attorney-General to appeal against Vaai J’s decision is that found in s164L (4) which says:

(4) Where on the trial of a person on any charge before a Judge sitting with Assessors that person is acquitted of that charge, the Attorney-General, on the ground that an error of law has occurred, may appeal to the Court of Appeal against that acquittal.

[4] It is not a general right of appeal. The Attorney must show that the judge has made error of law: see Attorney-General v Kolio [2008] WSCA 7. The Attorney rightly does not contend that Vaai J made any factual assessment that was simply not open to him, ie that his conclusion that there was a reasonable doubt about Mr Crichton’s guilt was such that, in the words of Lord Radcliffe in Edwards (Inspector of Taxes) v Bairstow [1956] AC 14 at 36, “no person acting judicially and properly instructed as to the relevant law could have come to the determination.” Nor is it said that Vaai J failed to give adequate reasons, or failed to draw an inference that was the only one available on unchallenged primary facts or, except in one respect, made any conventional error of law. What counsel for the Attorney- General submits is that, in following the approach to s100 laid down in Sefo, to which Vaai J referred in his ruling, the judge erred in legal principle because Sefo was incorrectly decided in that respect.

[5] Where a litigant seeks to have this Court depart from one of its previous decisions, that intention ought to be plainly signalled in its notice of appeal. That was not done in the present case. Nor was any argument in the submissions of the Attorney directed to the question of the circumstances in which this Court should not follow one of its earlier decisions. It is fortunate therefore that we were in any event unpersuaded that Sefo was wrong and that the trial judge in following it unwittingly erred in law.

[6] In Sefo counsel for the Attorney argued, as in the present case, that the task of the trial judge under s100 is restricted to determining whether the assessors’ verdict was open to them. On the other hand, the respondent (the acquitted person) submitted, successfully, that the section requires the judge to form his own opinion as to whether the accused is guilty. This Court noted (at 6) that the words of the section (“if the presiding judge is of the opinion that the defendant should not be convicted”) read alone contained no constraint on how the judge should form the opinion beyond the constitutional presumption that it should be based on admissible evidence and conform with the conventional rules as to onus and standard of proof.

[7] The Court referred to ss99 — 101 and then said The combined effect of the above sections, when read together, is to strengthen the interpretation that the trial judge must undertake the very process required by the assessors: to make a personal decision whether the charge has been proved, and, if not, to acquit. In the case of difference as to acquittal the opinion of the trial judge prevails.

[8] It pointed out that the argument for the Attorney would require words to be read into s100 and that there were no policy considerations justifying such a course. With its relatively small population Samoa had understandably elected against the more cumbersome process of other common law states of trial by a jury of 12. But a majority of 3 of 4 assessors was not a large number to provide a definite decision in a serious case. The Court concluded: We have no doubt that the power to veto a conviction, conferred on the judge by s100, was enacted deliberately as a balance to the relatively small number of assessors. Section 100 operates as a safeguard in cases where the dynamic of a small group might disadvantage an accused in a different trial. The safeguard is not a reflection on assessors but acknowledgement of the central tenet of criminal justice requiring proof beyond reasonable doubt.

The test of ‘opinion’ is limited to acquittal and is constrained by judicial not personal responsibility.

It cannot be exercised by whim or caprice and must be grounded on evidence or its absence.

[9] For the Attorney, Ms Chang submitted to us that the Court in Sefo had erred in failing to adhere to what she said it had laid down in Ufiufi v Police [2008] WSCA 12 in which it said: Parliament has also afforded an additional ‘protective’ mechanism in its enactment of s100. That section permits the trial judge to prevent an erroneous verdict. If there is risk of a ‘perverse verdict’ the protection of trial by judge alone is preserved.

[10] Counsel emphasised the reference to a perverse verdict and argued that the jurisdiction of a trial judge under s100 is limited to such a (rare) situation. Confronted with the Ufiufi Court’s use also of the expression “an erroneous verdict,” Ms Chang said that in context that could only have been meant to capture the same idea as a perverse verdict. She also called in aid s347 (3) of the New Zealand Crimes Act 1961 which reads: (3) The Judge may in his discretion, at any stage of any trial, whether before or after verdict, direct that the accused be discharged.

[11] A discharge under that subsection is deemed by subsection (4) to be an acquittal. Counsel submitted that it is a similar provision to the Samoan s100 and similarly does not provide any guidance on how it is to be exercised, yet the New Zealand courts have laid down principles to be followed.

It has been said, in particular, in R v Jeffs [1978] 1 NZLR 441 (CA) that it would be possible after a guilty verdict to apply s347 (3) in a case in which there was no evidence at all against the accused but that, where there is evidence, the appropriate remedy is an appeal on the ground of an unreasonable verdict, not a discharge under s347.

[12] Ms Chang expressed concern that the approach taken to s100 in Sefo gives the trial judge a rile in relation to fact-finding which is inconsistent with the standard direction the judge always gives to the assessors that they are the finder of fact and that, if the judge appears to say something about the facts which differs from their view, they should ignore what has been said and should apply their own view on that matter. Since Sefo and the present case, counsel also suggested, the view of the assessors might even be affected by their knowledge that their verdict might immediately and publicly be overturned by the trial judge. The Court in Sefo had not, it was said, considered this wider context and the impact on the constitutional role of the assessors.

[13] As we have already indicated, we are not at all convinced that Sefo was wrong. Although the judgment is succinctly expressed, it is clear that the Court was looking at s100 in the context of other relevant provisions of the legislation. What the section requires of the judge if the assessors return a guilty verdict is quite plain. The judge is under a duty in that circumstance to form an opinion as to whether the defendant should not be convicted and, if so, the judge must acquit the defendant. It is not merely a requirement that the judge should consider whether a reasonable panel of assessors could have reached a guilty verdict, but of whether the judge himself holds the opinion that guilt has not been proven to the requisite standard.

If the judge’s opinion is that it has not been proven the judge must intervene. He is not permitted to stand to one side and leave the overturning of the assessors’ decision to the appeal court. But, as the Sefo Court emphasised, the judge’s opinion must be based on the admissible evidence and the conventional onus and standard of proof.

[14] We do not agree that Sefo marked a departure from what was said in passing in Ufiufi.

We consider that in that obiter remark the Court was using the expression “an erroneous verdict” in its ordinary meaning, namely, a verdict that is wrong in the opinion of the trial judge. Such a verdict can be regarded as one that should not have been made by the assessors and can pejoratively be described as perverse.

[15] Nor do we think that the application of s100 should be guided by New Zealand jurisprudence under s347 (3). The latter provision imposes no duty on a judge. He or she is given a discretion which is normally exercised in favour of an acquittal only prior to the delivery of a verdict. In New Zealand a verdict is given by a jury of 12 or a large majority of such a jury. There is in that setting not the need for the protective function of s100 that has been seen as desirable in Samoa, where there is a much smaller group of fact-finders. It is understandable that where the decision is made by a larger number and the judge has a discretion, the New Zealand jurisprudence encourages the judge not to intervene after a verdict and to leave matters to take their course on any appeal. But in Samoa the position is different and s100 requires the judge to form his own opinion. There is no discretion given.

[16] We do not see this as in conflict with the standard direction to which Ms Chang referred, nor as putting pressure on the assessors. They will be aware that any decision by them to acquit cannot be overruled by the judge, and they also have the comfort of knowing that an experienced professional decision-maker will review any guilty decision and thereby reduce the risk that someone who ought to be found not guilty will be convicted as a result of their deliberations. Furthermore, any concern they may have about seeing their decision of guilty publicly overturned will be lessened by knowledge that Samoan judges in fact very infrequently overrule a verdict s100. Ms Chang submitted, without supplying any figures, that the practice has since Sefo become more common. But from what we were told it would seem that it is fair to say that it remains an infrequent event. If it does raise concerns in the community it is always possible for Parliament to give further consideration to s100.

[17] For these reasons the appeal is dismissed.

Honourable Justice Fisher Honourable Justice Hammond Honourable Justice Blanchard

A former Speaker of the House and acting Opposition leader, A’eau Dr. Peniamina Leavaiseeta, has brushed off a threat by the Speaker of Parliament, La’auli Leuatea Polata’ivao.

Instead, he has reminded the Speaker that the Parliament of Samoa is for all Samoans.

Therefore, he said “the issues are for everybody and are for the people to understand.

Everyone has the right to express their own opinion.

He added: “Anything that happens in Parliament is a public issue. It is not specifically for us Parliamentarians.”

Ae’au made the comment during an interview with the Samoa Observer yesterday.

It followed an order by the Speaker for members of the Officers of Parliament Committee (O.P.C.) to stop expressing opinions in the media about their report.

The report in question confirms instances of “collusion” and “corrupt practices” in the government. The order, made in a letter leaked to the Samoa Observer last week, also warned that failure to adhere to the Speaker’s instructions would result in members of the Committee being referred to Parliament for a “decision.”

A’eau is a member of the O.P.C. Chaired by Associate Minister, Muagututagata Peter Ah Him, other members include Taefu Lemi Taefu (H.R.P.P), Agafili Eteuati Tolova’a (H.R.P.P. and deputy Speaker), Papali’itele Niko Lee Hang (H.R.P.P.), Motuopua’a Dr. Aisoli Vaai (Tautua) and Toeolesulusulu Cedric Schuster (Tautua).

Yesterday, the Committee, through a spokesperson, issued a response to the Speaker.

“We are not worried about that, we are not even threatened by it,” the Committee responded.

“This will not stop us from telling the truth and saying what we need to say to keep the public informed. The Speaker has already warned us. It is okay for the Speaker to have his thoughts on the situation. If he takes us to Parliament, we will challenge his decision because we know we have not done anything wrong.”

According to the statement, the Committee’s position is that while it was not their intention to go against the Speaker, they felt they had to correct a number of points made by former Minister of Finance, Faumuina Tiatia Liuga, when he resigned.

“We are responsible to the voters, as such we need to keep them informed regarding the Auditor’s Report and the Ministerial Response. We felt that we needed to correct some points in the Minister’s statement.”

The Ministerial statement in question was made by Faumuina in response to a number of allegations against him. The 25- page statement has been widely publicised.

Asked about the Speaker’s letter, the Committee said: “We know we did not break any Parliamentary rules.”

The Committee said they only spoke out because they felt the public had a right to be informed.

“We only want the public, the taxpayers to be informed especially to the situation in relation to the S.L.C.’s (Samoa Land Corporation) activities as exposed and reported by the Chief Auditor.

“While the Speaker is not happy about the comments from us, our argument against this is that the Minister’s Statement was made public and we needed to correct it.”

The Committee said they understood that the Government had 90 days to respond to their report.

“We are waiting for those 90 days. We weren’t responding to the whole statement, just some aspects. There were also many issues raised by our report that were not addressed in Parliament.”

The Committee also answered the Speaker’s question about why they became Members of Parliament when they have chosen to discuss these matters “on the road.”

“We became M.P.s (Member’s of Parliament) so we could make a contribution to our country and say what we want to say.

“We have a responsibility to our voters and to the taxpayers to tell them what is happening. That is why we wanted to become M.P.’s.”

At the end of the day, the Committee believes Faumuina gave his speech in Public and they felt they needed to respond to it in public.

“It is true that we were given the opportunity at the end to respond, but after he resigned we felt sorry for him so we left it at that. But when his statement was published, it was then our responsibility to tell the public that with his statement, he misled the public as some aspects of it were not complete and some aspects were not correct.”

Speaking as an Opposition M.P., Aeau agrees. He stressed that if there are “opinions being thrown in by the public, it is because it is a public issue.”

He said “people need to understand it.” The veteran M.P. is one of the few O.P.C. members who has come out publicly to criticise the handling of the undebated reports.

In the letter from Speaker La’auli dated 28th April 2014, he expressed his displeasure following two media statements issued by Members of Parliament. The first quoting the O.P.C. was published under the headline “Committee attacks Faumuina’s reply.”

The second statement, issued by Papali’i as the Chair of the Public Finance Committee, was published under the headline “Collusion, reckless and total negligence.”

The Speaker was not impressed.

In the letter, he wrote; “I was under the impression most of you have had two or three terms in Parliament and that you are well versed with the basis of the issues that have been referred for the consideration of Select Committees according to orders of the Legislative Assembly.

“However, it now seems from your actions that you do not have such awareness, despite our efforts to push our Parliamentary procedures project.”

According to the Speaker, Parliamentary issues should not be discussed out “on the road.”

He said the Committees have taken “the decision making process of Samoa to be done on the roadside thereby doing away with Parliamentary procedure.”

The letter from La’auli warned O.P.C. members that failure to adhere would result in members of the committee being referred to Parliament for a “decision”.

La’auli did not elaborate on what the decision is.

The Speaker’s letter was published in the Sunday Samoan, 4th May 2014.

Acting Opposition leader, A’eau Dr. Peniamina Leavaiseeta, yesterday coined a new term in the political vocabulary in rejecting an insult from Prime Minister, Tuilaepa Sa’ilele Malielegaoi.

Told by Tuilaepa to stick to being a dentist, A’eau retaliated: “Worry about your political cavity first.”

Asked to elaborate, he said:

“Imagine the Prime Minister and all this rigmarole going on under his supervision for years. If he wasn’t aware of it, then who is suppose to?

“In my career, for 50 years I haven’t had a complaint (against me), but him? He needs to think about all those political cavities that is affecting the nation.”

The two were trading verbal blows in the wake of the resignation of Finance Minister, Faumunia Tiatia Liuga, and Tuilaepa appointing himself as his replacement.

Last week, Tuilaepa scoffed at A’eau for criticising his decision to take over the Minister of Finance portfolio while he is a Prime Minister.

“A dentist should speak about what he does and what he understands. He should leave the money side to those who were schooled for it,” said Tuilaepa.

But A’eau laughed at the “distraction” from the Prime Minister.

“He talks about me and my work as a dentist but the industry is doing well and my work is fine,” he said.

“He shouldn’t worry about my work, he has more to worry about with his leadership affecting the nation.”

Tuilaepa during a media conference last week said A’eau was wrong about his claims that Samoa was the only country in the world to have a Prime Minister also act as Finance minister.

Tuilaepa was seen by some as sidestepping the comparison, referring to his own history, rather than that of the country.

“I think he (A’eau) has forgotten that in 1998 when I was the Prime Minister, I was also the responsible Minister for Finance,” said the Prime Minister.

“It wasn’t until 2001 when that portfolio was passed on to Misa (Telefoni).”

Further, Tuilaepa reiterated that his decision to take over the Finance portfolio following the resignation of Faumuina “is not new”.

A’eau and other opposition members had also criticized a failure by government to proceed with the long delayed debate on the Audit report, and its equally critical review by the select committee.

“There are strict guidelines in the Bill to ensure that we attract genuine investors into Samoa. The Bill contains stringent processes in assessing applications, including thorough background checks on personal and business affairs of potential investors” – Aumua Ming Leung Wai

Attorney General, Aumua Ming Leung Wai, has denied claims that “Samoa is for sale” through the draft Citizenship Investment Bill 2014.

However, he concedes that amendments need to be made to the bill before it goes to Parliament. The bill in question has raised eyebrows among members of the community since it appears to be offering citizenship for cash.

Contacted for a comment by the Samoa Observer, Attorney General Aumua clarified what the Draft Citizen Immigration Bill 2014 is about.

“The purpose is to attract foreign investors into Samoa, as part of the Government policy on foreign investments in Samoa,” he said. “Other countries have similar foreign investment policy.

“They either provide Permanent Residence or citizenship status.

“Samoa has opted for both i.e. a permanent residence for 3 (three) years and then the right to apply for citizenship after 3 (three) years.

“There are strict guidelines in the Bill to ensure that we attract genuine investors into Samoa. “The Bill contains stringent processes in assessing applications, including thorough background checks on personal and business affairs of potential investors.

“The right can also be taken away if investors do not comply with the investment requirements.”

Asked about the $1 million price tag attached to land investment, Aumua said that amount was the default amount.

“Which (takes) into account the range of areas of investments identified in the Bill,” he said.

“The minimum for qualifying investment is at least $4m with the investor having a net worth of at least $1m at the date of making the application.

“For buying or leasing of land, even though the amount to buy or lease land is fixed at $1m, the investor must develop the land within 5 (five) years of purchase with the qualifying investment of a minimum of $4m.

“The amounts in the Bill are minimum, to be re-considered by Government (more than the minimum amount) once the Bill is in place.

“The amount to be determined by the Minister cannot be less than the amount in the Bill “For land purchase and development, the amount is $5m and other investment area is $4m.”

He also said clause 23 prevented the Minister from lowering the Amount Questioned about the fact that all an investor has to do is invest in land, not develop it, for three years and then he or she and their extended family is eligible for citizenship, he said this is the part of the Bill that would be amended.

“The Bill will be amended to clarify that for buying or leasing of lands, the investor must also develop the land in any of the areas listed as qualifying investments,” he said.

“It means $1m to buy/lease land and plus $4m to develop it.”

Aumua said the proposed legislation did not apply to Customary lands.

“It will only apply to purchase of freehold lands or leasing of public lands,” he said. “The Bill will be amended to clearly state that it does not apply to customary lands.”

Aumua said those who do become citizens would be allowed to venture into any business.

“The policy is that once an investor is a citizen, he or she should also be given all the rights and benefits of becoming a citizen of Samoa.

“If not, then it might be challenged as a ground for discrimination under the provisions of the Constitution. I trust that the consultations will provide us with constructive comments to improve the Bill before it is referred to Cabinet for consideration.”

He also said the Draft will be amended too.

The interview is in full below:

Samoa Observer: What does this proposed law mean for Samoa?

Aumua: The main purpose of the Bill is to entice investors into Samoa. There are a range of business activities identified in the Bill. They include businesses in service, agriculture, energy, tourism, fisheries sectors and purchase of land (freehold or public land) and developing it.

The Bill is part of the Government policy on foreign investments in Samoa.

Investment in Samoa by investors will have an effect on normal tax paid to Government on income in Samoa of investors, increase in employment opportunities for Samoans and economic development of Samoa.

Investors will ultimately get citizenship under the Citizenship Act in the Citizenship by Permanent Residence.

Samoa Observer: Who made the decision to draft the legislation?

Aumua: It is the Government's decision under the initiative of the Ministry of Commerce, Industry and Labour.

Samoa Observer: Upon reading this Draft, it appears to me that Samoa is now for sale. Do you agree with this?

Aumua: I disagree. The purpose is to attract foreign investors into Samoa, as part of the Government policy on foreign investments in Samoa. Other countries have a similar foreign investment policy. They either provide Permanent Residence or citizenship status. Samoa has opted for both i.e. a permanent residence for 3 years and then the right to apply for citizenship after 3 years.

There are strict guidelines in the Bill to ensure that we attract genuine investors into Samoa. The Bill contains stringent processes in assessing applications, including thorough background checks on personal and business affairs of potential investors. The right can also be taken away if investors do not comply with the investment requirements.

Samoa Observer: For someone to invest in Samoa and in turn become a citizen, all they need is $1,000,000 tala. That seems a relatively small amount of money, why was $1M tala chosen?

Aumua: The amount is a default amount that, which takes into account the range of areas of investments identified in the Bill.

The minimum for qualifying investment is at least $4m with the investor having a net worth of at least $1m at the date of making the application.

For buying or leasing of land, even though the amount to buy or lease land is fixed at $1m, the investor must develop the land within 5 years of purchase with the qualifying investment of a minimum of $4m.

The amounts in the Bill are minimum, to be re-considered by Government (more than the minimum amount) once the Bill is in place. The amount to be determined by the Minister cannot be less than the amount in the Bill For land purchase and development, the amount is $5m and other investment area is $4m.

Samoa Observer: To further this line of questioning, $1M appears to be set as an arbitrary number which can be altered at the Minister’s discretion. To me this means someone can invest in as little as $1,000 tala at the Minister’s discretion and can be granted the same rights as Samoan citizens within the three year time frame set out by the Draft. Has anything been included to prevent this from happening?

Aumua: Clause 23 ensures that the Minister cannot fix an amount less than the determined amount, for example, the Minister cannot change $1M to $1,000 under clause 23, as those fixed amounts are minimum.

Clause on purchase of land is to cover purchase and development of the land within 5 years, both at a minimum cost of $5m ($1m for land + $4m for development. The Bill will be amended to clearly reflect that.

Samoa Observer: It also appears with this legislation that these new Samoan Citizens will be granted more privileges than those Citizens living overseas, especially in regards to voting. This hardly seems fair as these citizens are investing in Samoa by way of remittances, wouldn’t you agree?

Aumua: The Bill does not have the effect of giving preference to investors who are granted citizenship under the Bill compared to Samoan citizens living overseas.

The Bill only gives the right to vote to investors who will permanently reside in Samoa. If investors do not reside permanently in Samoa, then they cannot vote or stand for election as MPs (similar to those Samoan Citizens permanently residing overseas - residential qualification in Samoa still applies as a voter or candidate for MPs). A person cannot be a candidate for Parliament unless the person is a registered Matai Title holder.

Remittances are not investments per se, unless they are diverted to business investment in Samoa.

Samoa Observer: This Draft will affect many other pieces of legislation from the Constitution of the Independent State of Samoa right down to the International Companies Act 1988, how are you planning on reconciling the issues that will come up?

Aumua: All Acts that require amendments have been identified and are covered under

• Immigration Act

• Passports Act

• Citizenship Act

• Electoral Act

There is no need to amend the Constitution.

Investors will use local companies and entities as vehicles for investments.

If they invest in a qualifying investment regulated by other Acts, then those Acts will automatically apply to those investments.

Samoa Observer: When will this law come into effect here in Samoa?

Aumua: The Minister will nominate a date after the Bill is enacted by Parliament. This is to ensure that all necessary regulations and other administrative arrangements are in place before the Act comes into force.

Samoa Observer: Lawyer Leota Raymond Schuster questioned the function of a Citizen Investment Committee’s function.

He said the committee contradicts with the Minister’s discretion. Can you explain?

Aumua: The basic functions of the Committee are to receive, process and grant application for citizenship by investment and to monitor the investment once the application is granted. These are usual operational or administrative functions of such statutory body. The Minister should not be involved in those types of decision making but only to deal with general policy directives at the Executive Government level. The Minister is answerable to Cabinet and Parliament on those policy directives.

Therefore, the functions of the Committee in the Bill do not contradict with the functions of the Minister. In fact they complement each other. Under the Bill, the Minister is given the power to review applications that are refused by the Committee as normal part of appeal or review mechanism of such administrative decisions. Even if that power is not made available in the Bill, the Supreme Court still has the inherent power to review the decisions of the Committee relating to fairness of the decision-making process but not the merit of the decision.

The review mechanism under the Bill is a merit review i.e. a re-consideration of the application on its merit, which is a policy decision of the Government rather than following the long-drawn Judicial Review process. As a matter of law, the decision of the Minister will be subject to Judicial Review process of the Supreme Court, if an applicant wishes to challenge the decision of the Minister.

Samoa Observer: Leota raised some very interesting points saying the bill is a way of the government to generate income. He further pointed out the bill will imprison our children, and the children of our children. Do you agree or disagree?

Aumua: I totally disagree. The current citizenship law provides different categories of citizenship, which include citizenship by permanent residence. The citizenship under the Bill is built upon that category but with a shortened period of 3 years instead of the normal 5 years.

The purpose of the Bill is to encourage investment in the business sector in Samoa, which will provide not only income for the Government but also employment opportunities in and sustainable business developments for Samoa through increase investments in the business, agriculture, tourism, energy and fisheries sectors.

I can’t see any reason why the Bill will imprison future generations of Samoa.

The current category of citizenship by permanent residence does not have the effect of imprisoning the present or future generation of Samoans, and neither will this Bill.

Samoa Observer: Why was the first consultation on this piece of legislation only done once the bill was drafted? I was under the impression that the public was invited to consult on proposed policy through public consultations before the a bill was drafted. Why was due process not followed this time?

Aumua: The normal processes of consultation on any legislative proposal are:

• consultation on the policy framework is undertaken first and then the Bill; or

• consultation on both the policy and the Bill

• no consultation at all (small amendments or urgent measures).

New proposals can also be referred to the Samoa Law Reform Commission for research and public consultation and then drafting of the Bill and consultation on the Bill. Other proposals can also follow the same process.

For most of new proposals, the public consultation is done on both the policy and the Bill once a working draft of the Bill is made so that the public are consulted on the policy and are made aware of the proposed provisions of the Bill.

The Government has opted for consultation on both the policy and the Bill. It is not unusual for that process to be followed to expedite matters.

Samoa Observer: There has been much debate that very little evidence-based research has gone into this Citizenship Investment Bill. It is the reason the Chamber of Commerce has called for the bill to be put on hold until further research can be conducted. Is there any chance for this to happen?

Aumua: That is a matter for the line Ministry to answer. However, I understand that there is a Policy Paper prepared for and approved by Cabinet.

Samoa Observer: One of the issues raised at the first and only public consultation was that while there was a qualifying investment list contained within the attached schedule, that once people become citizens they can pursue business interests outside of this schedule - like anyone who becomes a citizen. Given that citizenship is offered to four generations of one investor’s family there is a real chance that this could have a significant detrimental impact on the Samoan business community. Will provisions be made that if and when potential investors become citizens they cannot stray from the list contained within the attached schedule?

Aumua: The policy is that once an investor is a citizen, he or she should also be given all the rights and benefits of becoming a citizen of Samoa. If not, then it might be challenged as a ground for discrimination under the provisions of the Constitution.

Samoa Observer: Finally, in regards to citizenship, the legislation reads that all one has to do is buy land for $1 million tala, do nothing to it for three years and then citizenship is open to the investor and four generations of their family. How does this help Samoa financially in any way?

Aumua: The Bill will be amended to clarify that for buying or leasing of lands, the investor must also develop the land in any of the areas listed as qualifying investments. It means $1m to buy/lease land and plus $4m to develop it.

Final words: I trust that the consultations will provide us with constructive comments to improve the Bill before it is referred to Cabinet for consideration.

Samoans who try and insist on healthy, fresh foods are often criticised for being “fiapalagi” (trying to be European).

That’s what an American health researcher, Jessica Hardin, has found in her study titled “Everyday translation: Health practitioners’ perspectives on obesity and metabolic disorders in Samoa.”

The American is from the Department of Anthropology, Brandeis University, Waltham, MA, USA.

In her study, she found that fa’asamoa was often used as a reason or explanation for obesity, poor diet, not exercising and failing to seek or follow medical advice.

One leading example were health workers themselves.

“Most health practitioners reported struggling with their weight; they shyly laughed about how they shared these problems with their patients,” said Ms. Hardin.

Four of the interviewees each said “Look at me!”, indicating their own obesity.

They often framed themselves as “hypocrites”, said Ms. Hardin, which they felt made it difficult to advise patients about weight loss.

“They explained, in jest, their personal paradox: how could they advise patients when they themselves could not lose weight?”

Aligning health advice with health behaviors was critical for health practitioners, as they felt they could not advise their patients without making changes in their own lives.

One nurse explained the difficulties she faced in adopting an exercise routine and changing her diet.

She was criticised “for bringing vegetable platters or salads to family meals, many dismissed her as fiapalagi.”

A doctor told Ms. Hardin that, “changing food practices was difficult, even for health practitioners, because accusations of fiapoto or fiapalagi implicitly questioned their Samoanness.”

In his case, he decided to stop eating so many fatty meats, hoping that it would save his family from spending so much money on food.

The doctor, “who mentioned a love of food”, started to refuse food gifts from his family to make healthier dietary choices.

“He refused fatty tinned meats, pork, and salt-preserved beef. This also unburdened his family from the expense, which he hoped would provide them more resources to spend on health,” Ms. Hardin says in her report.

“However, his refusal led his family to call him fiapoto (wanting to be smart). Fiapoto insultingly suggests one is not acting appropriately to cultural expectations and implicitly questions Samoanness.”

His refusal of good gifts “also explicitly criticized fa’asamoa by not accepting gifts.”

Even within events held by Health workers themselves, “morning tea was served with copious amounts of sugar and panikeke (fried bread).”

Often, she said, morning tea or lunch is orchestrated by groups at the workplace, where those who provide are socially evaluated based on how much food they serve.

“The best foods to serve are mea’ai lelei, (good food), which are associated with expense, sweetness, fattiness, or saltiness. Mea’ai lelei are almost never mea’ai paleni (balanced/healthy food), including fruits and vegetables.”

Outside of the health sector, in the wider community, Fa’asamoa also held people back from achieving healthier lifestyles.

Activity including walking around and working outside was seen as a low status activity, whereas sitting down, inside a house or fale indicated higher status – that there were other people to do the work, she said, quoting earlier studies.

Those who did want to exercise might be frowned upon for walking through a village.

“Fa’asamoa also influences physical activity,” writes Ms. Hardin.

“Stillness is an embodied mode of wellness that indicates status. As Samoan people age they engage in less physical activity, encouraging those beneath them to do the chores and agricultural labor.

Health practitioners also indicated that physical activity changes after men and women start a family – that they are expected to not do as much plantation work, or leisure activity such as rugby, said Ms. Hardin.

“Others noted that walking, jogging, or running are seen as a disruption to village life.

For many, walking is stigmatized, suggesting the inability to buy a car or petrol. Physical activity, especially for non-youth, also has the potential to elicit ‘fear of ridicule and shame’ because this activity challenges ‘dignified and controlled comportment’.”

Ms. Hardin has previously written on health in Samoa, including through the Centre for Samoan Studies at the National University of Samoa.

This research built on nearly two years of fieldwork in Samoa and overseas communities between 2008 and 2012.

During 14 months of fieldwork in Samoa, she participated and observed in clinical environments including hospitals, two urban clinics, and nursing home-visits.

“I observed clinical encounters and health education and assisted with daily administration at a diabetes clinic. I also participated in, and observed at public health meetings and community programming, including jazzercise.”

Ms. Hardin developed key relationships with six health practitioners, who she interviewed up to 12 times each.

Over that timeframe, she identified reluctance among health workers to tell people they were obese, instead referring to symptoms rather than causes.

“In everyday clinical practice and conversation, obesity is rarely referred to but ma’i suka (diabetes) and toto maualuga (high blood pressure) are discussed.”

Instead, doctors, nurses and other health workers campaigned for top-down change, trying to encourage community leaders, including those in the church, village councils and politics to adapt a more healthy lifestyle.

Some had heard of pastors overseas limiting food at church events to fruits and vegetables.

“They considered this desirable because: (1) leadership demonstrated health priorities, (2) congregants could offer these healthier options without fear of reproach, and (3) the community rallied around health.

In this example, leadership exhibited a change in orientation towards health, encouraging the meanings associated with body size and food to also change. They felt that if leadership publicly ate and accepted food gifts differently, then perhaps food meanings could change, without challenging culturally relevant notions of love, respect, and service” – alofa, fa’aaloalo and tautua.

Ms. Hardin said that focusing on health problems through a cultural lens could hide bigger problems.

“When health practitioners focus on culture, they make structural inequalities difficult to see and, therefore, alleviate,” she wrote.

Structural inequalities include an inability of patients to get to medical centres, a failure by health practitioners to encourage patients away from risky behaviour, a flood of imports such as rice, tinned fish and corned beef, and frozen meats, such as chicken, turkey tails, and mutton flaps, sausages, along with snack foods, ice cream and cakes.

“These prestige foods have become essential to sustaining extended family networks; however, they have also been identified as contributors to rising metabolic disorders.”

Focusing on culture and communities, however, pulled attention away from global changes to food chains.

“This in turn obscures the inequities of the global food trade.”

Health practitioners do not explain global trends, including increasing transnationalism, dependence on the cash economy, a move away from customary agriculture, and the incorporation of foreign imported foods as prestige foods, she said.

She calls for an “unlinking” of health debate from discussion of culture; of Fa’asamoa, and “bridging approaches” towards health initiatives that focus on bigger pictures of health.

If you are a non-citizen of Samoa and you need a check up at the National Kidney Foundation (N.K.F.) be prepared to pay $990 more than those who are citizens.

This is according to the Health and Social Services, Internal Affairs, Community and Social Development (H.S.S.I.A.C.S.D.) Committee’s Report on the N.K.F.’s Annual Report for the Financial Year ending June 30 2011.

The Committee’s Chairperson is Gatoloaifaana A. Alesana-Gidlow.

According to the report, the Committee was able to visit the Kidney Foundation headquarters at Moto’otua. It was recognised that the Foundation is operating well.

“(The) Committee witnessed some of the initiatives undertaken by the Foundation to improve it services,” the Report reads.

“About 12 chairs were purchased, another room for kidney patients was constructed and it is estimated that about 46 patients can be checked in the Foundation in one day.

“The Foundation continues to operate in normal hours. The first shift opens at 8am to 12 noon and the second shift is from 12 noon to 7pm.

“Fees for check up in the Foundation continues to be $10 tala for Samoan citizens and $1,000 tala for those who are not Samoan citizens.

“(The) Committee acknowledges the hard work undertaken by the management of the Foundation and the Foundation as a whole and is grateful for their diligence in continuously seeking to improve the dialysis unit in Samoa.

“In its report the Committee made four recommendations to Parliament.

“The Foundation to prioritise its Awareness programs. Committee recognises that this will be the only effective way the public will be aware of causes of kidney disease and its prevention. This also applies to other Health Divisions,” the Committee recommended.

“Requests that divisions within the National Health Services cooperate with the Foundation in alleviating kidney disease in Samoa.

“Continue to seek opportunities overseas in which the Foundation may be able to attach its staff members to be able to gain experience and knowledge on caring for and minimising the effects of kidney disease.

“The need to have a Vascular Surgeon is important. This must be made a priority.”

In addition to Gatoloaifaana, the Committee consists of Aeau Peniamina Leavaiseeta as the Deputy Chairperson and Members Motuopuaa Aisoli Vaai, Ifopo Matia Filisi, Aveau Nikotemo Palamo, Sooalo Mene and Alo Fulifuli Taveuveu.

The report is published in full below:

1. RECOMMENDATION: The Health and Social Services, Internal Affairs, Community and Social 1Development Committee recommend that the Assembly takes note of its Report. 2. PREAMBLE: The Health and Social Services, Internal Affairs, Community and Social Development Committee is constituted pursuant to the provisions of Standing Order 171.

3. STANDING ORDER 171: In accordance With the provisions of Standing Orders 171, it shall be the duty of the Committee to:- (a) Consider any bill, petition or any other matter referred by the Assembly or pursuant to these Standing Orders; and such Estimates or review of ministerial performance as maybe referred by the Finance & Expenditure Committee;

(b) Examine the policy, administration and expenditure of the ministries and associated government organisations related to health, housing and social services, internal affairs, community and social development.

4. PAPER CONSIDERED

(Tabled 19/12/2011) (Referred 20/12/2011) P.P. 2011/2012 No. 11, National Kidney Foundation Annual Report for 1 July 2010 - 30 June 2011.

5. WITNESSES

The Health and Social Services, Internal Affairs, Community and Social Development Committee during the course of its investigation heard evidence submitted by: National Kidney Foundation:

Mulipola Roger Hazelman - General

Manager

Alvin Margraff - Manager, Corporate Services

6. FINDINGS:

The Health and Social Services, Internal Affairs, Community and Social Development

Committee examined the National Kidney Foundation Annual Report given for the Financial Year 2010/2011. Committee recognises several achievements by the Foundation since its establishment, The Foundation reviewed its current focus and realises the importance of shifting its attention to those patients on the island of Savaii. Since its initiation in 2005, there were at least 6 patients who were undertaking checkups. According to records of 2005 to June 2011, at least 56 patients are now using the Foundation service and an increase in the number of patients using this service is foreseeable.

Committee also recognises that the Foundations awareness initiatives have been in one hand taken into account and on the other, it has been less important to some.

However, it sees the importance of having such awareness programs so as to ensure that the public is aware of the causes of kidney disease and how to prevent such disease. Most of the kidney awareness programs have been undertaken in the rural areas as well as in governmental ministries in Apia.

The Foundations total revenue for the year 2010/201 1 experienced a slight increase of about $145,000 tala from the government compared to the previous year 2009/2010. An increase in expenditure by the Foundation was also noted. About $901,938 was spent in the year 2010/201 1 for the purpose of accommodating the rise in salaries for staff as well as to purchase more equipment for its foundation purposes.

Balance from expenditures for the year 201 1 is diminutive compared to its balance for the financial year June 2010. Work undertaken by kidney professionals from overseas, Dr. Mark Hamilton, Dr. John Bingley and Dr. David Voss continues, which is a great financial assistance to the Foundation as well as the government as they aid in providing the best service to Samoan kidney patients. In examining the Foundations report, Committee understands the Foundation’s need to have an attachment program. This is to train staff members especially nurses to better provide for its kidney patients. There is still a need of the Foundation for a vascular surgeon who can offer his/her service in Samoa. Foundation continues to face an ongoing problem with the failure and carelessness on the part of its patients to adhere to rules and advice given by the Foundation to deter or minimise the effects of such disease.

7. COMMITTEE VISIT The Health and Social Services, Internal Affairs and Community Development Committee was able to visit the Kidney Foundation headquarters at Motootua.

It was recognised that the Foundation is operating well. Committee witnessed some of the initiatives undertaken by the Foundation to improve it services. About 12 chairs were purchased, another room for kidney patients was constructed and it is estimated that about 46 patients can be checked in the Foundation in one day. The Foundation continues to operate in normal hours. The first shift opens at 8am to 12 noon and the second shift is from 12 noon- 7pm. Fees for check up in the Foundation continues to be $10 tala for Samoan citizens and $1,000 tala for those who are not Samoan citizens. Committee acknowledges the hard work undertaken by the management of the Foundation and the Foundation as a whole and is grateful for their diligence in continuously seeking to improve the dialysis unit in Samoa.

8. RECOMMENDATIONS 1. The Foundation to prioritise its Awareness programs. Committee recognises that this will be the only effective way the public will be aware of causes of kidney disease and its prevention. This also applies to other Health Divisions; 2. Requests that divisions within the National Health Services cooperate with the Foundation in alleviating kidney disease in Samoa;

3. Continue to seek opportunities overseas in which the Foundation may be able to attach its staff members to be able to gain experience and knowledge on caring for and minimizing the effects of kidney disease;

4. The need to have a Vascular Surgeon is important. This must be made a priority.

9. RESOLUTION

At the conclusion of findings by the Committee, it is recommended that the Legislative Assembly approves:- P.P. 2012/2013 No. 12, Annual Report of the National Kidney Foundation for 1 July 2010- 30 June 2011

Hon GATOLOAIFAANA Amataga A. Gidlow CHAIRPERSON

Sio Silva usually plays music to make people happy.

But this time, he and his family band are playing to help save a life.

In this case, the life of Mele Salatielu, a 14-year-old girl who suffers from what her family says is severe rheumatic heart disease.

“When I saw the newspaper and read about Mele’s story it broke my heart,” said Sio.

“She’s young and yet her sickness is getting in the way of her and its stopping her from achieving her goals and fulfilling her dreams.

“I know she will realise that she is not alone in this.

Sio Silva and the Silva Bullet Band will be playing in front of S.N.P.F. Plaza Building from 10am till 2pm today.

They are doing this to help the Salatielu family with Mele’s fare and also pocket money for her and her mother when they leave for her operation.

“She deserves to have a better life and she deserves to have fun and be able to go out and explore the world but that won’t happen if she is not well.

“I told my children that we need to help this family and they agreed with me.

“We may not have anything to give to them but for us to play in front of Plaza Building for free that is more than enough.

“Mele’s parents will be there as well, so we will just perform and play our instruments and sing songs, while the box will be in front of the parents.”

They are not looking for big donations, whatever people can give, he said.

“Something is always better than nothing, but the most important thing is that the family will know that they are living in the country where everyone can help them even if they are not blood related.

Hopefully, “not only her parents and families but also her country is able to donate whatever they can to help get her better and be able to live a normal life without anything stopping her from fulfilling her dreams,” he said.

“Whatever the people give, it is much appreciated and may the Lord bless everyone who donates for this family,” said Mr. Silva.

A Parliament Committee has recommended a pay review for employees of the Attorney General’s Office in a bid to keep the top legal eagles in Samoa.

According to the Government Administration Committee (G.A.C.) in its report on the Attorney General Office’s Annual Report for the Financial Year ending June 30 2012, it noted the Office showed gratitude for its independence.

The Chairperson of the Committee is Associate Minister of Education, Tuu’u Anasi’i Leota.

“The Office of the Attorney General showed gratitude as the Office became independent from the supervision of the Public Service Commission.

“This notable change was enforced in 2013 under the amendment made to section 83(g) of the Constitution, whereby the Office of the Attorney General becomes independent from the Public Service Commission.

“The Committee took notice of the intention of this amendment, which gives the Attorney General more control over the employment of his staff.”

The Committee reported it is of the view that this would be a good opportunity for the Attorney General to look at ways to enhance the reformation of his Office for positive results in the future.

“The Attorney General also stated that this significant change will benefit the Office in avoiding employees from leaving the Office to take up better paid jobs with the private sector and other Corporations.

“The Attorney General is working on ways to keep his employees, especially the much experienced employees, at the senior level.

“The Committee echoed the same problems of the Office over the years and it is for that very reason why the Committee advised the Government that the Office of the Attorney General be independent from the Public Service Commission.”

At the conclusion of its report, the Committee made two recommendations to Government.

“To review the appropriate salaries for the employees of the Office of the Attorney General in order to attract more law graduates to take up jobs with the Office and at the same time keeping lawyers at senior level who are currently employed under the Office,” the G.A.C. reports.

“This will avoid the increase in the number of employees who opt to take up better paid jobs with other Government Ministries, Corporations and the private sector.

“To review its policies on whether or not it is suitable to have the Law and Justice Sector under the administration of the Ministry of Justice and Courts Administration.”

In addition to Tuu’u, the Committee comprises of Aeau Peniamina Leavaiseeta who serves as Deputy Chairperson with members being Faamausili Peter Ah Him, Tapuai Toese Ah Sam, Motuopuaa Aisoli Vaai, Lautafi Fio Selafi Purcell and Fagaaivalu Kenrick Samu.

The Report is republished verbatim below:

1. RECOMMENDATION. The Government Administration Committee recommends that the Assembly takes note of its Report.

2. PREAMBLE: The Government Administration Committee is constituted pursuant to provision of Standing Orders 175.

3. STANDING ORDER 175: In accordance with the provisions of Standing Orders 175, it shall be the duty of the Committee tot-

(a) Consider any bill, petition or other matter referred by the Assembly pursuant to these Standing Orders; and any Estimates or review of ministerial and departmental performance;

(b) Examine the policy, administration and expenditure of the ministries and associated government organizations related to central government advisory services, security intelligence, statistics and services to Parliament.

4. PAPER CONSIDERED:

1. P.P 2013/2014 No.77, Annual Report of the Office of the Attorney General for the Financial Year Ended 30th June 2012 5. WITNESSES

The Committee in the course of its investigation of the Office of the Attorney General heard evidence submitted by:

Office of the Attorney General

Aumua T Ming C Leung Wai - Attorney General

Loretta Teueli - Assistant Attorney General

(Legislative Drafting Division)

Precious Chang - Assistant Attorney General

(Criminal Prosecutions Division)

Muriel Lui - Assistant Attorney General

(Civil Litigation & Opinions Division)

Manusamoa Christine Saaga - ACEO

(Corporate Services)

Roni Fereti - Principal

(Law & Justice Sector)

6. FINDINGS

The Annual Report of the Office of the Attorney General outlines the main duties and responsibilities as well as the work completed and achieved by the Office of the Attorney General for the Financial Year ended 2011/2012. The Committee noted that this is the first Annual Report of the Office of the Attorney General to be submitted to the Legislative Assembly. The Attorney General is appointed under section 41 of the Constitution of the Independent State of Samoa 1960. The Attorney General is the Principal Legal Advisor of the Government and is responsible for criminal prosecutions and civil law suits involving government.

6.1 Mission “To serve the people of Samoa by upholding the Constitution and providing the highest quality legal services to Government”

The Management revealed the many difficulties and challenges faced by the Office especially with the global economic changes which plays an important role in decision-making through the legal advice in which the Office provides.

The Attorney General is mainly responsible for criminal prosecutions and civil law suits involving government.

6.2 Objectives The Committee noted the main objectives of the Office of the Attorney General which include:

1. Providing professional legal opinions and advice in a timely and efficient manner to Government Ministries and Agencies;

2. Negotiating, reviewing and drafting of all Government contracts/deeds and other related legal documents both domestic and international to ensure the Government‘s interest is advanced and/or protected;

3. Supervise and conducting of civil proceedings involving Government and providing legal support to or representation for Government in other formal enquiries;

4. Supervising and conducting criminal prosecutions and appeals in a fair and just manner;

5. Drafting and any legislative instrument, and provide legal advice on legislation administered by Government Ministries and Agencies as instructed. 6. Ensuring that the law reform is properly and independently carried out in relation to legislation that requires reform and areas or issues that need legislative intervention or governance.

6.3 Achievements The Office of the Attorney General’s Annual Report identifies some of the key achievements of the Office for the Financial Year ended 2011/2012. i.

Legislative Drafting Division The Legislative Drafting Division is responsible for achieving the following objectives:

- To draft any legislative instrument, and provide legal advice on legislation administered by Government Ministries and Agencies as instructed.

- To ensure that law reform is properly and independently carried out in relation to legislation that requires reform and areas or issues that need legislative intervention or governance.

The Committee took notice of all the Government Bills and Regulations which were presented before the Parliament for the Year 2011/2012. Every law which is to be approved by Cabinet and passed by Parliament is initially reviewed and cleared by the Attorney General through the Drafting Division, after which the Attorney General’s Certificate is issued as verification that such laws are proper as to form and content.

As provided in the Annual Report 2011, there were thirteen (13) Acts prepared by the Legislative Drafting Division in 2011, including twenty one (21) Acts passed by Parliament in 2012. The Committee also took note of other extensive work of the Drafting Division which includes the drafting of Regulations, Notices, Orders and other Legislative Instruments.

ii. Criminal Prosecutions Division The Criminal Prosecution Division is responsible for meeting objective number 4 as referred to under the objectives of the Attorney General’s Office which is:

- To supervise and conduct criminal prosecutions and appeals in a fair and just manner.

The Committee noted that the Criminal Prosecutions Division is one of the busiest Divisions of the Office of the Attorney General as reported in the Annual Report.

The Division continues to handle all Supreme Court prosecutions and criminal appeals to the Court of Appeal, and also criminal appeals from the District Court; they also handle some District Court matters including prosecution against police officers and complex theft matters.

One major task conducted by the Criminal Prosecutions Division which was included in the Office’s Annual Report was the significant law reform of the Crimes Ordinance 196].

The Attorney General stated that the Crimes Bill 2011 which was tabled in 2013, reforms and repeals the Crimes Ordinance 1961. He also stated that the important changes to the Crimes Ordinance 1961 was initiated by a Working Group which was set up by the Government to review all laws that govern criminal activities in the country.

This Working Group was established under the Project which was led by the Criminal Prosecutions Division and channeled through the Law and Justice Sector.

Thi s Worki ng Group comprises representatives from Government Ministries which includes the Ministry of Police and Prisons, Ministry of Justice and Courts Administration, the Office of the Attorney General, the Ministry of Women, Community and Social Development, the Samoa Law Reform Commission and several other Government Ministries including the private sector.

These representatives work together not only to communicate and increase coordination amongst the Public Sector, but also to reach out to the community through village consultations. The Committee took note of the important changes made to the Crimes Ordinance 1961 as reported in the Annual Report, particularly to provisions addressing gender based violence.

iii. Civil Litigation & Opinions Division and Commercial Law and International Law Division Overall the Civil Division is responsible for meeting the following objectives: - To provide professional legal opinions and advice in a timely and efficient manner which Government Ministries and Agencies; - To negotiate, review and draft all government contracts/deeds and other related legal documents both domestic and international to ensure that Government’s interest is advanced and/or protected; - To supervise and conduct civil proceedings involving Government and provide legal support to or representation for Government in other formal enquiries.

The Committee took note of the fact that in the Annual Report, the Civil Division appeared for and responded on behalf of the Land and Titles Court (LTC) in relation to appeals on applications for Judicial Review of LTC decisions.

These types of matters are usually dealt with by the LTC in previous years. The Civil Division was also responsible for the Commission of Inquiry which the Government of Samoa approved for the Review of the Electoral Act 1963. The Civil Division has also been actively involved in a Working Committee that was set up to progress Samoa’s accession to the World Trade Organization (WTO).

The involvement of the Civil Division has been to provide the Committee with legal assistance in the form of legal advice, reviewing and drafting legal documents relating to the WTO accession.

iv. Corporate Services Division The Corporate Services Division (Corporate Division) is responsible for ensuring that the proper support is provided to the professional legal staff of the Attorney General’s Office.

The Committee took notice of the fact that the contribution of the Corporate Division to the execution of the From front page professional staff's duties is invaluable.

The Corporate Services Division is responsible for conducting Induction Trainings for new recruits of the Office of the Attorney General.

The compilation of the second edition Corporate Plan 2012-2015 was one of the challenging targets met by the Corporate Division.

The Division also finalized the Capability Plan for 2012/2013. The importance of this exercise as provided in the Annual Report is to develop the capacity building of staff by identifying the current skills and knowledge, and to identify areas that need improvement and how to make such improvements.

6.4 Law and Justice Sector The Samoa Law and Justice Sector (SLJS) comprises of the following Government Ministries and Offices and non-Government Representatives, which includes:

(i) Office of the Attorney General;

(ii) Ministry of Police and Prisons;

(iii) Ministry of Justice and Courts Administration;

(iv) Office of the Ombudsman;

(v) Ministry of Women, Community and Social Development;

(vi) Samoa Law Reform Commission;

(vii) SUNGO;

(viii) Samoa Council of Churches;

(ix) Representative for the Chiefs (Sui o Matai) The Committee took notice of the fact that the Sector is headed by a Steering Committee which is chaired by the Attorney General. The Sector’s key responsibilities include:

(i) raise recognition of the importance of law and justice

(ii) improve the direction, planning, management, communication, coordination and monitoring of government services (iii) harmonise service delivery, and improve effectiveness and value for money (iv) provide a government-owned priority-setting mechanism for development; and (v) facilitate international development assistance to support the Government’s priorities.

The Committee took notice of the new developments of the Law and Justice Sector which was revealed in the Sector’s Samoa Law and Justice Sector Plan 2008-2012.

This impressive achievement of the Sector aims to improve service delivery, and increase coordination amongst Sector Agencies, regarding law and justice issues/activities.

The Office of the Attorney General advised that the Law and Justice Sector should work together with the Ministry of Justice and Courts Administration in striving to achieve the Sector’s key objectives.

The Office of the Attorney General also stated that one of the greatest projects of the Law and Justice Sector is the Digitisation of Land and Titles Court Records.

This is another reason why the Office of the Attorney General suggests that it is suitable to move the Law and Justice Sector under the administration of the Ministry of Justice and Courts Administration.

6.5 Attorney General: Independent Body The Office of the Attorney General showed gratitude as the Office became independent from the supervision of the Public Service Commission. This notable change was enforced in 2013 under the amendment made to section 83(g) of the Constitution, whereby the Office of the Attorney General becomes independent from the Public Service Commission. The Committee took notice of the intention of this amendment, which gives the Attorney General more control over the employment of his staff.

The Committee is of the view that this would be a good opportunity for the Attorney General to look at ways to enhance the reformation of his Office for positive results in the future.

The Attorney General also stated that this significant change will benefit the Office in avoiding employees from leaving the Office to take up better paid jobs with the private sector and other Corporations.

The Attorney General is working on ways to keep his employees especially the much experienced employees at the senior level.

The Committee echoed the same problems of the Office over the years and it is for that very reason why the Committee advised the Government that the Office of the Attorney General be independent from the Public Service Commission.

7. RECOMMENDATIONS:

At the conclusion of its consideration the Committee resolved to recommend the Government:

1. To review the appropriate salaries for the employees of the Office of the Attorney General in order to attract more law graduates to take up jobs with the Office and at the same time keeping lawyers at senior level who are currently employed under the Office. This will avoid the increase in the number of employees who opt to take up better paid jobs with other Government Ministries, Corporations and the private sector.

2. To review its policies on whether or not it is suitable to have the Law and Justice Sector under the administration of the Ministry of Justice and Courts Administration.

8. RESOLUTION:

At the end of its inquiries, the Committee resolved to recommend to the Assembly to approve:

1. .P 2013/2014 No.77, Annual Report of the Office of the Attorney General for the financial Year Ended 30th June 2012 Hon TUU’U Anasii Leota CHAIRPERSON

For the past two weeks, the Samoa Observer has been publishing the 39 reports tabled and approved by Parliament without debate, last month. Today, we are looking at the Government Administration Committee’s (G.A.C.) report on the Attorney General Offi ce’s Annual Report for the Financial Year ending June 30 2012.

A Catholic order, the Salesian Order of Don Bosco, has failed to respond to questions from the Samoa Observer on fears about child abuse in Samoa.

The silence happens at a time when the Vatican is facing growing pressure at the United Nations to extend its child abuse protections worldwide.

The failure from the Salesian Order of Don Bosco to respond to questions from the Samoa Observer is despite news this week that the Catholic Church has paid out more than $40 million tala in settlements to child abuse victims in Australia.

Questions were raised last month following the conviction in Australia on child abuse charges of a priest who, police found, had been sent to Samoa to avoid investigation.

Father Frank Klep had already been convicted of child abuse in 1994 and was sent here in 1998.

When the regional head of the Salesians, Fr. Greg Chambers, was contacted in early April, his office told the Samoa Observer he was not available until the middle of the month.

“Fr Greg is not in the office until mid-April, however, I will make sure he receives your email on his return,” said Karen Child, Personal Assistant to the Provincial, on 4th April 2014.

Asked if there was anyone else that can comment in his absence, she responded, “No not for something of such importance like this.”

She added, “Fr Greg will be back in the office possibly at the end of next week and I’ll pass your email onto him.”

There was no response to follow up emails sent on the 25th April and 6th of May 2014 from Samoa Observer.

Questions focused on whether there have been any complaints of child abuse laid in Samoa, whether any investigations were carried out, what policies and procedures were in place to handle complaints, whether the issue of child abuse had been raised at the National Council of Churches, and whether the Salesians were confident there were no cases of abuse here.

Recent publicity about Father Klep’s case led to a second round of complainants, resulting in further charges being laid. He was convicted last month.

Father Klep left Samoa in 2004 as government here prepared to deport him after an American newspaper, the Dallas Morning News, exposed the fact that he was still in contact with children.

After his departure, no other action was announced here by government, church authorities or the National Council of Churches.

Police investigations, parliamentary inquiries, and national campaigns against child abuse in Australia and the rest of the world have not prompted anything similar in Samoa.

Overall, some 49 complaints were made in Victoria, Australia against 14 priests in the Salesian order of Don Bosco, which runs secondary and technical schools here, according to media reports.

Some of them have served in Samoa.

But the regional head of the Salesians, Fr. Greg Chambers, has failed to respond to questions about those priests, and what investigations, if any, have been carried out here.

During a hearing by the Victoria State Parliament in 2013, Father Chambers was asked how much money had been paid out.

“Yes, I can give you that figure,” Fr. Chambers told the inquiry last year.

“On behalf of the Salesians, Catholic Church Insurances has settled approximately 37 claims, with payments of $1,333,854. The Salesians have paid out a further $732,294 to victims.

That is a total of $2,066,148 paid to victims of abuse in our province.”

The Victoria inquiry tabled its final report in November 2013, with the church denying it was protecting pedophiles.

Those figures were surpassed this week by what media reports described as “staggering” sums released this week at the Royal Commission into Institutional Responses to Child Sexual Abuse, set up in January 2013.

They show that the Christian Brothers and the Catholic Church Insurance had paid more than $42 million tala to 531 people, involving 775 allegations.

The Salesian Province encompasses Australia, New Zealand, Fiji and Samoa.

A website called Bosconet gives the following description for Salesian activity in Samoa:

“The Samoa presence is characterized by several large institutional activities – two large parishes, one technical institute and the catechist training/pre-seminary training; Samoa is also characterized by vocational fruitfulness. There are 20 or more young Samoan Salesians at all levels of formation and even in positions of responsibility for formation. Through these activities, the young people who are influenced by Salesian education run into thousands.”

The silence from the Salesians about questions from Samoa also contrasts with more transparent approaches from the Vatican.

According to evidence given on Tuesday to a United Nations committee on torture, the Vatican revealed that over the past decade, it has defrocked 848 priests who raped or molested children and sanctioned another 2,572 with lesser penalties, providing the first ever breakdown of how it handled the more than 3,400 cases of abuse reported to the Holy See since 2004.

There are some 410,000 Catholic priests worldwide, according to Catholic News Services, quoted by Associated Press.

At the same time, the Vatican attempted to limit exposure to future abuse cases, with its Ambassador to the UN, Archbishop Silvano Tomasi, repeating claims that the authority of the Holy See extended only to the Vatican itself.

However that claim had already been rejected, in February, by another UN body, the children’s rights committee.

Ms. Felice D. Gaer, vice chairwoman of the torture committee, said the treaty against torture was signed by the Holy See, representing more than just the Vatican City state.

“Never before had a party to the convention tried to limit its application to just one part of itself,” she said.

What the committee wanted, Gaer told the archbishop, “is simply that you show to us that, as a party to the convention, you have a system in place to prohibit torture and ill treatment as defined by the convention, when it is perpetrated or acquiesced to by anyone under the effective control of the officials of the Holy See and the institutions that operate in the Vatican City state.”

The committee is due to report its finding on 23rd May. Clashes at the United Nations follow a decision in December by Pope Francis to form a commission to advise on combating sexual abuse.

Victims of sexual abuse are reported as being “skeptical” of this initiative, especially in the wake of the canonization of Pope John Paul II, whose historic silence on sex abuse has been widely attacked.

On Friday, Barbara Blaine, President of SNAP, Survivors Network of Those Abused by Priests praised the Vatican for more transparency on the numbers of priests involved.

However, she also said that without naming the priests, and reporting them to police, the figures were “meaningless.”

She said that “Pope Francis and the bishops are not taking action that would protect children.

“These simple acts would protect hundreds of thousands of children across the world.”

Ms. Blaine called on the church, at a minimum, to remove priests involved in abuse.

In its submission to the torture panel on behalf of SNAP, the New York-based Center for Constitutional Rights alleged that “The Holy See has consistently sidestepped real accountability and serious reform.

C.C.R. said that guidelines given this year by bishops in Italy and approved by the Vatican “explicitly states they are not required to inform law enforcement authorities if they suspect a child has been sexually assaulted.”

They accused the church of not properly tackling sexual abuse, seeking to stall investigations and keeping pedophile priests in posts where they were in contact with children.

Criticism this week recalls 2012 statements from police in Victoria, Australia regarding Father Klep.

“Regardless of whether there was any intent to evade criminal proceedings, the reality is that his relocation, without disclosure regarding his criminal history, put that community at risk,” according to the 20-page report by Victoria police, highlighted in 2012 by the Dallas Morning News.

“It is apparent that the church has assisted offenders who are known to police in moving overseas.”

In April last year, Father Chambers told the Victoria inquiry that "The Salesian Province is continually reviewing and enhancing the ongoing education and formation of its members in the proper care of young people and the avoidance of any form of abuse of minors in the future.

“We again addressed the issue of emotional and affective maturity with young priests in 2012, and this year in August we will address the issue of sexual abuse with newly ordained priests and younger brothers,” said Father Chambers.

“Additionally, our novices and young seminarians based in Fiji will continue to study a comprehensive program dealing with human sexuality, sexual maturity and responsibility, and the management of addictive behaviour at the Pacific Regional Seminary in Suva."

This and other testimony is being given to the national royal commission in Australia, tasked with looking into institutions who care for children, including all churches, not just the Catholic church.

Late last month, after already receiving submissions from more than 1,400 people, the commission launched a national campaign urging sex abuse victims to come forward and “share their story.”

- With reporting from Associated Press, The Wire, Boston Globe, Dallas Morning News, Daily Telegraph, The Age