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‘For Samoa, by Samoa’

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HUMAN RIGHTS: Guests at the launch of the fi rst state of Human Rights Report for Samoa.Talofa, good evening and welcome to the launch of Samoa’s First State of Human Rights Report prepared by the Office of the Ombudsman – Samoa’s National Human Rights Institution.

Thank you for joining us in marking this important achievement.

The Government of Samoa remains committed to the progressive realisation of human rights, and as such, it is with great honour that I present Samoa’s State of Human Rights Report.

Preparation of this document was no small feat, but as the National Human Rights Institution, our Office has faithfully dedicated itself to this task, despite its limited human and financial resources.

Maiava Iulai Toma Ombudsman of Samoa Speech at the launch of Samoa’s First State of Human Rights ReportThis Report is the result of the hard work and dedication of my staff and our cooperation with government ministries, civil society, international organisations, schools and the Samoan community.

It is in this spirit of cooperation that we seek to work with all stakeholders to ensure that human rights are protected for everyone in Samoa. The Report is very much “for Samoa, by Samoa.”

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It strives to paint as complete a picture as possible of the current human rights situation in Samoa, how rights are protected and where improvements could be made.

Human rights are not merely foreign ideals as many wish to see them, but they have roots within Samoan culture also.

A key point from this Report is that weaving together Fa’asamoa and human rights principles will make a stronger and more harmonious society.

Human rights are underpinned by core values of respect, dignity, equality and security for everyone.

Similarly, Fa’asamoa or the Samoan way of life holds core values that guide social interaction such as respect, dignity, love, protection, and service, which mutually reinforce human rights.

Unfortunately, a significant proportion of Samoans consulted believe that human rights and fa’asamoa conflict.

This conflict is central to the human rights issues Samoa experiences and unless it is resolved, the acceptance of human rights in Samoa will continue to be a challenge.

As the Prime Minister stated, Samoa has much to be commended for in its efforts to promote and protect the dignity and rights of the person and we are indeed a leader in our region.

Nonetheless, it is the NHRI’s role to ensure that Samoa protects the human rights of all Samoans at all times.

With this in mind I will summarise some of the findings and recommendations of the report.

Equality, respect and protection are principles of Fa’asamoa that form the basis for safeguarding the rights of vulnerable populations in Samoa.

Thus, the bulk of the report focuses on the human rights of women, children, persons with disabilities, and prisoners.

It was clear from the research and outreach the NHRI conducted that these groups are most likely to need increased protections regarding their basic human rights. Women, an issue close to all our hearts was also at the heart of our report.

Women and girls represent almost half of Samoa’s population. They are often responsible for the care of our children, of the sick, and of elderly relatives. In every family and community women facilitate practicality, peace and harmony.

As such, it is incredible to regard them as anything less than equal and deserving of support, respect and protection.

In particular, the report looked at the need to address women’s unequal participation in political and economic life and, as mentioned by Prime Minister Tuilaepa, the need to prevent violence against our women and girls.

Samoa ranks among the lowest in the world for women’s political participation.

Since independence in 1962, women have remained below 10% of Samoa’s parliamentarians.

Samoa must be commended for introducing a quota for women’s parliamentary representation and I look forward to seeing how this is implemented in the 2016 election.

However, it seems that unequal participation starts at the village level where only 11% of matais are female.

I believe that unless women’s involvement in decision making is resolved at the village level, the underrepresentation of women in Parliament will persist.

It is saddening that we continue to see high levels of violence against women in our society.

The Samoa Family Health and Safety Study found almost half the women surveyed have experienced physical, emotional and/or sexual violence by an intimate partner.

The lack of information and statistical data regarding the high prevalence of violence against women should be addressed to help understand and prevent domestic violence. Further, the culture of indifference to violence towards women that prevails in Samoan communities must be dismantled to maintain the pedestal Fa’asamoa places women upon. Our children – the joy in our lives and Samoa’s future – are also a focus of the report.

In Samoa, nearly half of the population is aged 19 and under, meaning children and youth represent a significant interest group in our society. Children deserve to be nurtured, educated and protected— this is the collective responsibility of families and communities but unfortunately, this is not always the case. A fundamental issue is the misunderstanding that exists in Samoan society about the rights of the child. Addressing this will help efforts to address the other issues the report has identified for Samoan children such as child labour and abuse, including sexual abuse and incest.

My office’s consultations for the report found widespread misconceptions about the human rights of Samoa’s children.

A commonly raised concern was that human rights give children unfettered freedom to misbehave and disobey their parents. However, it must be reasserted that this is not the case Rather, the convention on the rights of the child recognises the need for children to be supported and nurtured, including ensuring they attend school. And it also recognises the responsibility of parents to direct and guide their child’s development.

A related matter is how Samoa can draw the line between discipline and domestic abuse of children.

In our consultations, the rights of parents to physically discipline a child in whatever form they choose was frequently raised. The norm of hitting as a form of physical punishment in Samoa makes the line between discipline and abuse blurred.

National law must provide guidance on what constitutes reasonable and unreasonable punishment to prevent violent discipline which harms children. I am further concerned that sexual abuse and incest are becoming increasingly common. This represents a total breakdown of the responsibility of the aiga to protect and safeguard children. This should be addressed through improving reporting and data, addressing cultural factors which can silence victims and improving awareness of laws and reporting options for victims.

Another very sad issue which came out in our consultations was that of children as street vendors.

When children are unable to participate in schooling because they are forced to sell goods they are unable to improve their future prospects and the cycle of poverty continues. Further, this places a significant emotional and mental burden upon children.

Unless we deal with the broader issue of poverty and families are empowered to choose education over exploitative labour, this issue will continue.

Government, as in most things, must take the lead here. The citizenry however must also assume reasonable responsibility in the search for solutions to our problems.

Samoa needs to exploit special advantages it is blessed with. One such blessing is the fact that there is no such thing or burden as “the landless masses” in Samoa. Every Samoan can claim land somewhere in Samoan on which he can erect a home and cultivate for personal support. It just so happens that for most of us, such land is not in the town area where some of us choose to live in crammed conditions in the full knowledge that we will never get a job there to support our families. We need to seriously question the choices we make in this regard.

Misunderstanding exists of what constitutes equal participation in society for another vulnerable group – persons with disabilities.

For example, almost all participants in our consultations felt persons with disabilities should not have a right to marry. Equal participation for persons with disabilities must be addressed by government measures to facilitate all forms of access – physical as well as social and economic through access to education and employment. There must also be awareness raising on the rights and significant abilities of persons with disabilities.

The final vulnerable group addressed by our report is prisoners. Securing the rights of persons in detention, a population that is often forgotten, must be addressed. In this regard, I commend my office’s Detention Centre Inspections Report 2015, to you and call for the implementation of its recommendations including:

• to decrease overcrowding in the main prison;

• to improve access to water, sanitation, hygiene and basic health care; and

• to strengthen rehabilitation and reintegration activities.

This is not to make prisoners believe they can disobey police and guards but rather to ensure minimum standards, make places of detention safer for all and rehabilitate people so they do not pose a risk of reoffending and are able to make a positive contribution to society.

Moving onto issues related to the health and wellbeing of communities, families and individuals the report discusses issues related to Samoa’s healthcare system.

Unfortunately, our consultations found a large number of families still find healthcare unaffordable and difficult to access, compounded by a limited number of doctors and poor quality healthcare.

This is particularly a problem for rural families who should be better supported to understand their healthcare needs and access medical attention.

In particular, the report looked at issues of sexual and reproductive health where I believe Samoa needs to make focussed efforts to improve outcomes for all Samoans, particularly women and youth.

Samoa has high rates of teen pregnancy and sexually transmitted infections. The primary way to address this is through prevention. In fact, a majority of the Samoans we consulted agree that there should be better access to birth control for both men and women. Improved access to contraception, along with comprehensive sexuality education will treat the causes of this problem.

Indeed, good sex education, delivered in the context of religious and social norms, can also prevent premarital sex by providing youth with a full understanding of the consequences of their actions.

However, I believe action must also be taken to assist women who fall pregnant under undesirable circumstances – teen pregnancy and pregnancy as a result of rape or incest.

Attitudinal change must be fostered to ensure these women are better supported and, proper consideration given to the unenviable plight that befalls victims of sexual assault.

A matter which impacts the present and future wellbeing and sustainable livelihoods of all Samoans is ensuring their right to the enjoyment of a safe, clean, healthy and sustainable environment. Particular issues from a human rights perspective are access to clean water and protection from the impacts of climate change.

Unfortunately, water hygiene and sanitation remain a problem in many parts of Samoa and water supply is a particular issue in Savaii, Manono and Apolima.

Climate change poses an existential threat to our country and communities and a large majority of those consulted for our report believe that protection from the impacts of climate change is a human rights issue. This is an issue which will directly, and potentially severely, impact the enjoyment of human rights.

Further, the likelihood that people will be displaced from their land as a result of natural disasters and rising sea levels is a serious concern. The concept of displacement and resettlement will have to be addressed in a culturally sensitive manner, initially through education and awareness-raising in communities and ultimately supported by government policy. And efforts to ensure that mitigation and adaptation activities are adequately funded, coordinated and mainstreamed must be supported.

Ensuring our citizens enjoy religious and economic freedom is also an important aspect of their wellbeing.

Unfortunately it seems that some practices still restrict the freedom of religion. In this regard, I refer to the Government’s Commission of Inquiry conclusions and recommendations on these matters and strongly endorse its enforcement.

In ensuring our citizens enjoy economic empowerment, a key issue raised was the need to reduce the cost of living.

I believe that this must be addressed through:

• increased employment opportunities, particularly for youth and • empowering communities to lead their own sustainable development, inclusive of vulnerable members of society.

Contained within the Report are a number of recommendations to relevant Government Ministries and agencies in order for the people of Samoa’s human rights to be fully protected.

All of the recommendations relate to four categories: outreach and education, funding, policy, and data collection.

I encourage you to read the report, consider its recommendations and what you could do to help implement them. The report and report summary, in both English and Samoan, are available on my Office’s website (www. ombudsman.gov.ws) and facebook page. For government ministries specifically named in the report please review the recommendations and follow up with my office so that we can cooperate in their implementation. I and my office look forward to working with government, civil society, international organisations and the Samoan community to continue to protect and improve the human rights of all in Samoa. Faafetai lava, may there be continuous blessings over the people of Samoa.

 

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