Village Fono Act comes under the microscope

Decisions made by village councils could soon be registered with the Ministry of Women Community and Social Development.

That’s one of the issues the Village Fono Amendment Bill 2015 proposes, if it becomes law.

Tabled by the Minister of Women, Community and Social Development, Tolofuaivalelei Falemoe Lei’ataua, the amendment is to “ensure that the exercise of the village fono is in accordance with the Constitution.”

The bill also proposes to allow the village fono to make their own i'ugafono (decisions) and register them with the Ministry of Women.

Tolofua said registering the i'ugafono would protect villages when disputes involving these decisions are brought before the Court.

Other changes in the bill include the requirement to consult and obtain the approval of the village fono before any building or activity can be undertaken in a village.

“If the Ali’i and Faipule decline the proposed activity or building, the decision can be appealed to the Land and Titles Court under section 11 of the Act,” says the bill's explanatory memorandum.

The bill also covers the granting of specific powers to impose curfews and banishment. It also looks at the inclusion of limit jurisdiction over those living in government, lease or freehold land located within village lands.

In explaining the changes, Tolofua cited a report prepared by the National University of Samoa.

The Minister said the report highlights the thoughts on women not being able to sit in village councils and receive matai title.

“I will not rush in making a decision on it,” said the Minister.

“The N.U.S. is listening in, leave this to me. I will not rush a decision to be included in amendments for 2015. Rome was not built in one day and the topic is sensitive.”

Prime Minister, Tuilaepa Sa’ilele Malielegaoi, then took the floor.

Recalling the past when the Village Fono Act was discussed, he said it drew a lot of debate.

“There was a lot of objection especially from law firms,” recalled Tuilaepa.

“Their objection was based on the belief that the Samoan culture does not require any legal papers and therefore it must be left the way it is.

“The government at the time did not accept this because they believe that such traditions and power exercised by the matai council will create differences.”

Tuilaepa went on to say such differences have led to some villages being taken to Court since their decisions contravene the Constitution.

He stressed that some villages have taken their authority “literally” when freedom of religion is guaranteed under the Constitution.

“Most do not understand this and don’t know that religion is covered (under the Constitution),” said Tuilaepa.

As for the report from N.U.S., Tuilaepa had something different to say about it.

“I have read the report from the university and there are a lot of mistakes and foolish things in it,” he said.

“There is only one village council and that is the one governed by matai. There is no such thing as the nu’u o taulelea and women.

"I don’t know where all this nonsense comes from. There is only one village council.”

Tuilaepa maintains that consultation should be exercised in villages.

He used an example from his village where the women's committee are asked to discuss their development programmes.

As for punishments from villages, Tuilaepa said there is a common practice where decisions from Alii ma Faipule are made without giving an accused person the right to respond.

He said such a practice is crucial especially if the matter ends up in Court.

Shadow Minister of Police, Papali’i Taeu Masipau also shared his views about the bill.

He said the plan to register the village decisions would mean everyone would have access to it.

“In those days, these decisions were made verbal and remembered,” he said.

“Throughout the years, it was then registered with an office with the Ministry of Justice. But I believe that such should not be registered in an office because these are our traditions and treasures…everyone will then have access to it and even the C.E.O of Women will have a peak into it.”

But Tuilaepa did not like this. He said the registration process would safeguard the integrity of the decisions by village councils.

Tolofua agreed with his leader.

“I’m shocked that he’s a lawyer and former Assistant Commissioner yet he’s ignorant (of the legislation),” said Tolofua.

“With the new technology we should record the decisions…the amendment is in accordance with the Constitution.”

M.P. for Fa’asaleleaga no.4, Peseta Vaifou Tevaga also shared his views.

The M.P from Savai’i said there is still confusion over different powers and authority.

He used an example of a matai being given land to work and develop and somewhere along the line and the high chief wasn’t happy with the matai.

“It’s happening in villages,” said Peseta. “The matai has built on the land and developed it and when the high chief is not happy with him he banishes him from the village and takes the land back.

“This is very important and should be highlighted in the legislation whether the high chief can take the land back under the law?”

Parliament has been adjourned until August.

The budget for 2015 – 2016 has been passed.