Freedom stays, Committee says

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.