SAMOA OFFICE OF THE OMBUDSMAN/ NATIONAL HUMAN RIGHTS INSTITUTION SAMOA OFFICIAL NEWSLETTER O L ESILAFIA Komesina o Sulufaiga M JAN - DEC 2018 // ISSUE 1 // VOLUME 1
IN THIS ISSUE
Launch of National Public Inquiry into Family Violence ~ 1
Message from the Ombudsman ~ 2
Human Rights Unit work updates ~ 2-4
Good Governance Unit work updates ~ 5-6
Special Investigations Unit work updates ~ 7-8
Conferences, workshops & submissions Students and members of the community with Deputy Prime Minister at the launch of the National Public Inquiry into Family ~ 9 Violence in Samoa, 12 September, 2018, TATTE Conference Centre, Sogi. Corporate Services work updates ~ 10
on any other vulnerable groups identified How to lodge a complaint ~ 10 "LET THE TRUTH BE OUT in the process. Contact information ~ 10 AND RIGHT BE DONE": SAY NO TO FAMILY VIOLENCE The report sets out the analysis of the situation, the findings and a number of The Office officially launched Samoa’s recommendations (39) addressed to first National Public Inquiry into Family relevant stakeholders to assist in Violence in Samoa on the 12 combating the social ill that is family September, 2018 under its human violence and to pave the way for Samoans rights mandate. to live in an environment and society that
is free from violence and fear. The report was submitted to Parliament Prime Minister Tuilaepa Sailele Malielegaoi delivering in June 2018 in accordance with s34 of the keynote address at launch of the National Public Following the launch, the Office has Inquiry into Family Violence in Samoa, 12 September, the Ombudsman Act 2013. It followed a 2018, TATTE Conference Centre, Sogi. embarked on a 2 year roll-out plan year-long process of research, focusing on raising awareness of the "As the leader of Samoa, I call consultations, and submissions of main findings and key recommendations upon everyone – our political information and evidence from of the Report among its stakeholders and leaders, traditional and religious members of the public who leaders, fathers, and families to the community. participated in their capacity as acknowledge the widespread pain survivors, perpetrators, church and suffering in which we are all The Office acknowledges the support of ministers, matais, government officials complicit. For the sake of the its donor partners (Commonwealth future, it is up to us and and experts. Secretariat, APF, UNDP, UNWomen, especially those in positions of
UNFPA, AUT, Government of Samoa, power to stand up and be counted Due to the broad scope of violence in – to demonstrate our dedication Digicel and Bluesky) for their tremendous Samoa, the Inquiry focused specifically to the fa’a-Samoa and Christian support in the Inquiry process. on ‘Family Violence’ with an emphasis values upon which this country is founded and combat family on violence against women and girls A copy of the Final Report of the Inquiry violence." and the impact of violence in the can be retrieved from the Office website upbringing of children. It also ~ Prime M inister Tuilaepa Sailele www.ombudsman.gov.ws. Malielegaoi addressed the impact of family violence
W W W . O M B U D S M A N . G O V . W S MESSAGE FROM THE OMBUDSMAN
Office of the Ombudsman Staff and representatives from the Ministry of Women and Social Development and UN with Justice Vui Nelson at the CRC Capacity Building training held at Insel Fehmarn Hotel, 14-15 June, 2018. UNDERSTANDING THE RIGHTS OF According to the Ombudsman, Maiava Iulai Toma, the training was a badly needed one CHILDREN - CRC CAPACITY for an Office that was required to function in Talofa and welcome to the first issue BUILDING WORKSHOP a totally new specialized area which is of "Mo le SILAFIA", the official The Office with the kind assistance of human rights without prior experience or newsletter of the Samoa Office of the UNICEF Pacific carried out a 2 day training knowledge. Furthermore, CRC is an Ombudsman/ NHRI Samoa. S on the UN Convention on the Rights of a important area not only because of subject E Child (CRC). The purpose was to not only matter but because of negative public
The Ombudsman's Office was originally T strengthen the understanding of the staff attitudes that had formed concerning it. established under the 1989 of the Convention itself but most A Ombudsman Act and now under the importantly to build capacity regarding the The staff was fortunate to learn from the Ombudsman Act 2013 seeks to application of the Convention to the local experiences and knowledge of our very own, D ensure protection, equality, dignity and context and how to better respond to Justice Vui Nelson a CRC Committee P issues pertaining to the Convention member on issues relating to substantive fairness for all in the areas of human articles. For instance, promoting the rights articles of CRC. Representatives from the rights, good governance and exercise of U of children in Samoa has always been a Child Protection Unit of the MWCSD also power by law enforcement agencies in challenge due to deeply rooted beliefs with took part and shared their knowledge and Samoa. Since its establishment, the K regard to child rights to express views and expertise with the staff on issue and ways to Office has dealt and resolved many the disciplining of children. collaboratively work together. cases relating to good governance and R special investigations as well as carried out projects and activities that aim to O PROTECTING & PROMOTING THE protect and promote the human rights RIGHTS OF WOMEN & GIRLS IN of the Samoan people. W THE PACIFIC This first special issue will take a look T From the 4-5 September 2018, the Office in back at the work and activities carried I collaboration with the Asia Pacific Forum out by the Office for the last part of
(APF) hosted the first Roundtable on the 2017 and whole of 2018. I hope that N rights of women and girls in the Pacific. this newsletter will keep you updated Roundtable participants engaging in discussions and The Roundtable was attended by National U group work held at Taumeasina Island Resort, 4-5 and informed on the work of the Office Human Rights Institutions (NHRI) September, 2018. and we welcome your feedback!
representatives from across the region to S "Despite laws and policies in place, there is discuss and address issues that affect still room for improvement especially with
I would like to express my sincere T women and girls in the Pacific, as well as regard to implementation and thanks to our stakeholders, partners exchange ideas on how to promote gender
enforcement," he further added. The H and everyone who has supported our equality. meeting was therefore, a timely undertaking work and we look forward to which looked at how NHRI’s can address G continuing working together for a According to Maiava, “women and girls are these issues, and what their role is in this Samoa that values human rights for all. I one of the most vulnerable groups in space in working for women and girls’ society who continue to be subjected to human rights. R various forms of discrimination and Manuia galuega o lenei tausaga. violence. Pacific region experience is Soifua ma ia manuia!
The Office acknowledges the support of APF N nothing to be proud of with serious cases for its initiative and anticipates furthering of violence against women occurring with collaboration on various projects to further A
saddening frequency." protect the human rights of Samoan and
M Pacific people.
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H TUVALU OMBUDSMAN VISITS The expansion of Tuvalu's Ombudsman Office’s mandate to include a NHRI in 2017, was the main reason for the interest of the Tuvaluan Ombudsman to conduct a study visit to the Samoa Ombudsman's Office that took place from the 16-19 April 2018. The visit was to observe the Office's work and share experiences and challenges that would assist the Tuvaluan Ombudsman Office with the establishment of its own Inquiry Report Savaii launch and consultations on the findings and recommendations held at Rosalote Hall, Sapapalii, Savaii, 17 September, 2018. NHRI.
COMMUNITY CONSULTATIONS ON More than 1,000 people including men, According to the Mr. Sa’aga (Tuvalu women, youth and children took part. INQUIRY REPORT FINDINGS & Ombudsman) there is a lot to learn from Villages consulted included Uafato, peer-to-peer exchanges among NHRIs in RECOMMENDATIONS Taelefaga, Lona, Salimu, Maasina, the Pacific, and looks forward to achieving Prior to the launch of the National Public Samamea, Apolima-uta, Mulifanua, Manono- something similar to Samoa’s Ombudsman uta, Falelatai, Siufaga, Saoluafata, Office in Tuvalu and welcomes further Inquiry into Family Violence in Samoa, the S Office carried out preliminary Luatuanuu, Eva, Fusi, Sapapalii, Lalomalava, exchanges and support from the Samoa E consultations in both Upolu and Savaii on Salelavalu, Asau, Vaisala, Gataivai and Ombudsman’s Office as well as other the findings and recommendations of the Vaitoomuli. The Office acknowledges the neighboring Pacific nations. The visit was T Report. The 2-week long process was an support of UN Women and thank the Inquiry made possible with the support from APF A opportunity for the Office to share the Commissioners for their hard work in taking and SPC-RRRT. the message out.
findings and recommendations of its D report with the people whose opinions and views helped form and shape the final P outcome. U LAW ENFORCEMENT STANDARDS INCLUSIVE K OF EVERYONE R Tuvalu Ombudsman and Maiava Iulai Toma (Samoa NHRI Samoa with the assistance of Vaito’a Ombudsman) [middle] with staff members from both O offices. Toelupe and the Samoa Faafafine Participants at the SFA and Law Enforcement Guidelines & Standards NHRI Samoa Development Workshop – Association Inc (SFA) held initial Phase 1, held at SSAB Conference Room, 18-19 The EViS Roundtable Panel members W October 2018. discussions in a 2-day workshop between included Judge Talasa Saaga (Judge Family SFA and Law Enforcement agencies ROLE OF THE CHURCH IN Violence Court), Rev. Kasiano Leaupepe T representatives to discuss issues relating (Chair of the National Council of Churches),
PREVENTING FAMILY VIOLENCE I to law enforcement including first contact, Dr. Mercy Ah-Siu Maliko (Lecturer Piula search, arrest, and detention among On the 21 November 2018, the Office in Theological College), Maiava Iulai Toma N others. The workshop was an initiative by collaboration with UN Women hosted (Ombudsman), and Afamasaga Faauiga the Office to help its staff and members of the annual Ending Violence in Samoa (EViS) Mulitalo (CEO MWCSD). The talks was U the various law enforcement agencies in Roundtable. The focus of the talks was to facilitated by Mata’afa Keni Lesa (Editor Samoa gain a deeper understanding of address recommendations from the Office’s Samoa Observer). S “SFA Community” and also come up with National Inquiry into Family Violence on
an agreed ROADMAP for developing Faith Based Interventions. Of the 39 The event marked the commencement of 16 T Guidelines and Standards that is inclusive recommendations made by the Inquiry, over Days of Activism and the International Day of everyone including the SFA community. 25% of them refereed to direct Faith-Based to End Violence against Women and Girls. H interventions or support from faith-based G The Office acknowledges with appreciation organizations. Recommendation number 10 the financial assistance of the Asia Pacific is explicit in its call to engage with public I Forum and thank representatives from the theology and to incorporate a more R Ministry of Police, Prisons & Corrections comprehensive approach across Services and SFA for taking part and denominations. Representatives from contributing in the discussions and for various denominations were invited to take N
their continuous support in the work of the part and share their views on the A
Office. recommendations of the report directed to Church community and stakeholders at the EViS Roundtable, held on the 21 November 2018 at TATTE. M the church.
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H RAISING AWARENESS OF HUMAN RIGHTS AMONG POLICE RECRUITS
The Office working in partnership with the Ministry of Police undertook a 2-day workshop on human rights for 120 police recruits as part of their 20-week recruit training held in April 2018. The training covered topics including what are human
Students of Satapuala Primary School during the Friendly School Outreach holding out some of the human rights rights, the international human rights that make a friendly school. standards and relevant national laws, the application of these to their work, human BUILDING SCHOOLS TO BE MORE HUMAN RIGHTS FRIENDLY rights and diversity as well as police In the month of March 2018, the Office rights and also the responsibilities and the accountability. under its human rights education mandate limitations that come with it through the carried out 3 friendly school program in provision of education and information. A representative from UN Women also spoke about the importance of partnership with the Ministry of Education S and Ministry of Police. The 2018 program The educational programme also focuses understanding gender equality and gender E covered both college and primary level on promoting an overall school-wide stereotyping to ensure that gender
and included Avele College, Sauniatu atmosphere of equality, non- sensitive approaches are taken into T Primary School, and Satapuala Primary discrimination, inclusion, respect, dignity consideration in all areas of their job when A School. and participation in schools. The dealing with women, men, girls and boys.
Programme also hopes to assist the work D The Office’s Friendly School Outreach of various organisations to tackle the The working partnership between the Program aims to work towards building a school violence problem where schools Office and the Ministry has been running P positive understanding among children are encouraged to explore what it truly for 3 years now in addition to police and teachers about the value means to be a friendly school. outpost’s refresher training. The Office U of understanding and respecting human believes that raising awareness of gender
issues and human rights among officers K not only helps foster a culture of respect R #STANDUP4HUMANRIGHTS: HUMAN RIGHTS DAY CELEBRATIONS for these issues, but also ultimately lead to
better-informed decisions when carrying O On the 10th of December every year launching of the Fa’afafine/Fa’atama out their roles. “HUMAN RIGHTS DAY” is celebrated around Report on gender based-violence in
the world to mark the day the Universal collaboration with SFA, and the Disability W Declaration of Human Rights was signed. Week Awards & Launch of Human Rights
The Office took part in the celebrations and Education Children’s Book in collaboration T worked alongside various NGOs with NOLA.
including SVSG, SFA and NOLA to carry out I various activities to ensure that freedoms The 2018 celebrations was an opportunity N and rights of vulnerable groups in our to further strengthen the working society are being celebrated and relationships of the Office with its key U recognized. Activities included: 'BUDDYING partners and to recognise the potential of
UP’ event (focusing at empowering child NGO’s as allies of NHRI in its rally to further Police recruits learning about and understanding human rights standards during their training. S vendors) in collaboration with SVSG, the advance understanding and acceptance of
human rights in Samoa. T H
A Friendly School is a G
school, which values I
respect for one another R and towards other N
human beings. A
M Members of Nuanua o le Alofa with Maiava Iulai Toma and supporting partners during Human Rights Day celebrations 2018.
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H GOOD GOVERNANCE (GG) - FORMAL INVESTIGATIONS
GG01 CASE: UNFAIR RECRUITMENT PROCESS GG02 CASE: UNFAIR TREATMENT BY GG03 CASE: UNPAID OVERTIME ALLOWANCE STAFF Launched: April 2018 Launched: January 2018 Launched: January 2018 Summary: An employee of a GA lodged a Summary: The Prime Minister referred a Summary: A long serving customer of a complaint alleging unpaid overtime allowance. complaint from a former employee of a Government Enterprise (GE) alleged unfair Findings: GG found that the complainant had Government Agency (GA) against an unfair treatment by its field staff and requested initially complained to the Public Service recruitment and selection process of a assistance on how to address their concerns. Commission (PSC) and a subsequent contractual position they previously held as an Findings: GG found that the GE upon receipt of investigation found that their claim of employee. Ombudsman notice of intention to investigate outstanding allowances was upheld. PSC Findings: GG found that the recruitment and the complaint had directly contacted the recommendations were forwarded to the GA. selection process of GA was reasonable and fair. complainant and acknowledged their complaint. Recommendation: The Ombudsman advised Recommendation: The Ombudsman to inform GE advised complainant that they would the complainant to follow through with the the complainant of its findings and reasons. address their concerns immediately. outcome of the PSC investigation given that PSC Update: Both parties were advised of the Ombudsman was copied in the correspondence. was the relevant authority for Public Servant findings that the complaint against GA S Recommendation: The Ombudsman decided on grievances. concerning unfair recruitment and selection no further action as the matter was being dealt Update: The complainant contacted the E practices was not sustained. with by the appropriate agency. Ombudsman seeking the withdrawal of their complaint as their outstanding allowances had T GG04 CASE: FAILURE TO ACT Update: GE commenced an internal been fully reconciled by the GA. investigation into the complaint, which was A Launched: April 2018 eventually resolved. GG06 CASE: UNFAIR RECRUITMENT PROCESS
Summary: The complainant was frustrated with D a GA alleging failure to act on their complaint GG05 CASE: UNREASONABLE Launched: September 2018 against their neighbour’s pig sty about 20m DELAY Summary: Complainant alleged that the P from the complainants residence that was recruitment and selection process of a GE was Launched: May 2018
emanating an unpleasant and unhealthy smell. unfair when they were unsuccessful in applying U Summary: A woman complained against a GE Findings: GG found that two GA’s were for a contract position in the agency. alleging unreasonable delay in the process. responsible for this matter. Both agencies Findings: The Ombudsman found that there may
Findings: GG found that the complainant was K acknowledged the complainant’s concern have been merit to the complainants concern to partly responsible for the delay in not fulfilling claiming that investigations were already in pursue their complaint further had it not been their part in the process as advised by the GE and R progress. for certain inappropriate correspondences by explained that it would take a while to complete.
Recommendation: The Ombudsman advised the the complainant when revealed by the agency. O Recommendation: Complainant was advised complainant that the two agencies were Recommendation: Recruitment and selection that the best option was to continue dialogue revisiting their complaint to determine the process was fair and no reason to change the with the agency and address the matter between appropriate measures in addressing his concern. decision by the GE. The complaint was not W them but contact the Ombudsman for any Update: The neighbour refused to obey the sustained. further queries. agencies and village council order to Update: When advised of the findings of the Update: No further contact with the T remove their pig sty and has taken legal action. investigation, the complainant had complainant. Matter deemed to have been
The matter has been referred to the agencies expressed their disappointment on the outcome. I resolved. legal teams for further action. N GG07 CASE: UNREASONABLE AND UNFAIR GG - INFORMAL INVESTIGATIONS
ADMINISTRATIVE DECISION U Launched: December 2018 The Good Governance Unit received a total number of 37 cases (subjected to informal
Summary: Students of a GE alleged unfair and investigations) in the year 2018 from the public for alleged maladministration E unreasonable decision and action in their final practices of state agencies. Of this, 22 cases were deemed outside of the Office's C year examination results. jurisdiction, 9 were referred to the relevant agency for resolution, 9 cases were
Findings: GG found that the GE’s governing body resolved and a further 4 still pending. N had met and discussed the students concerns and subsequently upheld their complaint. PND A KEY Recommendation: No further action as matter 11% deemed to have been resolved internally. PND: Pending N Update: Complainants contacted the OSJ: Outside Jurisdiction R Ombudsman to withdraw the complaint after the RTRA: Referred to OSJ GE’s governing body’s decision was in their E relevant agency 41% favour. RC RC: Resolved case 24% V O G
Source: GG, 2018. RTRA D 24% O
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G SAMOA SIGNS UP TO THE UN STRENGTHENING INTEGRITY PRACTICES CONVENTION AGAINST CORRUPTION The Director of Good Governance attended a developing and implementing projects, as In April 2018, Samoa acceded to the UN 3 day training in Brisbane hosted by the well as how to lead with emotional Convention Against Corruption. The signing Commonwealth Ombudsman for 11 Pacific intelligence. culminates years of discussions among various Integrity Network representatives. It was an agencies in Samoa. The Convention introduces opportunity for delegates from the Federated The training was funded by the Australian a comprehensive set of standards, measures States of Micronesia, PNG, Marshall Islands, Department of Foreign Affairs and Trade and rules that all countries can apply in order Samoa, the Solomon Islands, Tonga and through the Pacific Integrity Network to strengthen their legal and regulatory Vanuatu to learn and build their capacity in program. regimes to fight corruption. It calls for areas of planning, preventive measures and the criminalization of the most prevalent forms of corruption including domestic and foreign bribery, embezzlement, trading in influence and money S laundering in both public and private sectors.
E Following the signing of the Treaty in April, a T workshop was conducted in June by UNDP
where representatives from the Office took A part to discuss the articles of the Convention,
their application and most importantly to D discuss who would be the line ministry to ensure effective implementation and P compliance with treaty articles. Following this workshop various meetings and trainings have U
Director of Good Governance, Fuimaono Vaiao Eteuati (far left - back row) with delegates from other pacific countries who been carried out for Integrity Agencies in
attended the training. Photo credit: Pacific Integrity Network Facebook page. Samoa to build their capacity in dealing with K corruption-related matters. R HOLDING GOVERNMENTS TO ACCOUNT IN A CHANGING CLIMATE O The Deputy Ombudsman attended the 30th democracy: how an Ombudsman can effect Australasian and Pacific Ombudsman Region dramatic change, building integrity and W Conference held in Auckland from the 27-29 maintaining accountability, and debates on November, 2018. The Conference premised ethics and how to address conflicts of around the theme, "Holding Governments to interest. T
account in a changing climate", was an I opportunity for Integrity Leaders to discuss The Conference was attended by Integrity ongoing commitments to a Pacific Integrity Leaders from various countries across the N Regional Network, and to share recent Pacific including Nauru, PNG, Solomon emerging issues and updates from their Islands, Tonga, Tuvalu, Vanuatu, NZ, U countries in the good governance / integrity Australia and Samoa, and was hosted by the work space. Some of these issues include Commonwealth Ombudsman. E
Ombudsmen and Climate Change, upholding C N HAVE A COMPLAINT AGAINST A GOVERNMENT AGENCY (GA)
THE PROCESS A REGARDING MALADMINISTRATION? N STEP 1: Receive complaint via email, in STEP 3: Inquire and gather data STEP 5: Agree on a solution and notify person, post or telephone call. from GA the complaint is against by both complainant and GA involved. R
requesting documents and records or E through conducting interviews. V STEP 2: Assess whether complaint is STEP 6: If complainant not
within jurisdiction. satisfied with result, Office to decide O NO: complainant referred to STEP 4: Put together a report and make whether further investigation is relevant agency for solution. recommendations for review and necessary. If yes, then go back to Step G YES: accept complaint, notify endorsement by Ombudsman/ Assistant 3. If complainant satisfied with result, complainant about intention to case closed.
Ombudsman (within 14 working days). D investigate (within 3 days or
receiving complaint). O *All formal and informal investigations conducted by GG are confidential. The Ombudsman may require that the parties involved sign a non- disclosure agreement as a precursor to receiving a copy of the report (which can take up to 20 working days) of the matters involving them. O
W W W . O M B U D S M A N . G O V . W S G SPECIAL INVESTIGATIONS UNIT (SIU) - FORMAL INVESTIGATIONS
SIU01 CASE: UNFAIR RECRUITMENT SIU02 CASE: ABUSE OF SIU03 CASE: UNFAIR TREATMENT & PROCESS POWER WRONGFUL DETAINMENT Launched: February 2018 Launched: April 2018
Summary: The Prime Minister referred a Summary: The Prime Minister referred a Launched: June 2018 S complaint from a former employee of a complaint from a party who alleged abuse of Summary: A woman lodged a complaint alleging E Government Enterprise (GE) against an unfair power by a senior officer of a Government unreasonable/unfair treatment towards her and
recruitment and selection process of a Agency (GA) against her and her family in 2013. the unlawful detention of her two and a half (2 T contractual position the complainant previously Findings: SIU found that the officer involved did ½) year old child in a GA outpost. held as an employee. abuse their power and that the officer was Findings: Intervention by the officers involved to A Findings: SIU found that the recruitment and rightfully disciplined through internal cancel the settlement agreed between the selection process was unfair. disciplinary procedures. The officer was stripped parties was wrong. The decision to hold the D Recommendation: The Ombudsman of their rank and fined. complainant and her 2 ½ year old child in P recommended that the complainant be Recommendation: The Ombudsman custody was wrong. The complainant and her reinstated to another senior management recommended warrants of arrest to be executed son were unfairly treated while under arrest and position given the complainant's long term for those involved in an assault against the contrary to commissioned officer's orders. U tenure in the GE. complainant. Recommendation: The Ombudsman recommended heavy disciplinary action against Update: GE reinstated complainant to a senior Update: GA has proceeded to track down K management position following warrants of arrest to be executed as per Office's officers involved. Also for the GA to undergo recommendation from the Office. recommendation. SIU will continue to monitor extensive trainings on the Convention on the R developments during monthly visits. Rights of a Child with assistance of the Human SIU04 CASE: WORKPLACE BULLYING/ Rights Unit of the Office. O ASSAULT Update: GA have commenced internal investigations against officers involved and are W Launched: August 2018 SIU05 CASE: PROCEDURAL ISSUES liaising with SIU on developments. Summary: Employee of a GA made a complaint in person to the Office, alleging physical assault,
Launched: September 2018 T workplace bullying and general unfair treatment Summary: SIU has launched an own motion by the employees and general management of investigation into detainment and arrest I the GA involved. procedures and practices of GA.
Findings: Investigation pointed out the failure of Update: This is an ongoing investigation. N GA to formally address the complaints of assault,
workplace bullying and general unfair treatment U by the employees and general management. Recommendation: GA to address complaints of assault, workplace bullying and general unfair S treatment by employees and general N management by putting in place proper practices and policies. O Update: Formal investigation is complete. Report sent out to GA. SIU - INFORMAL INVESTIGATIONS I T A The Special Investigations Unit received a KEY PND total number of 29 cases (subjected to PND: Pending G informal investigations) in the year 2018 from OSJ: Outside Jurisdiction 14% OSJ
the public against state agencies exercising RTRA: Referred to 24% I coercive powers of the State. Of this 29, 7 relevant agency T cases were deemed outside of the Office's RC: Resolved case
jurisdiction, 9 were referred to the relevant S
agency for resolution, 9 cases were resolved E and a further 4 still pending. V
NOTE: Cases pending include those where SIU is either RC N reviewing the complaint, investigating the complaint 31% or waiting on the complainant to lodge a formal I complaint in writing. SIU follows up these complaints within 6 months of receipt and if there is no progress, RTRA the matter is suspended (i.e. It is no longer an active L file, but remains in abeyance until there is progress 31% A from complainant). If there is no word from the
complainant within 12 months, then the matter is Source: SIU, 2018. I
closed for lack of response from the complainant. C E
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S PROFESSIONAL STANDARDS UNIT (PSU): MINISTRY OF POLICE BUILDING CAPACITY TO BI-ANNUAL REVIEW COUNTER FRAUD IN SAMOA Between 2-6 July 2018, SIU conducted a period, PSU received 178 complaints The Directors of SIU and Good Governance review of PSU procedures, policies and against members of Police. The second bi- are currently undertaking a course in fraud
investigation files for the period of June 2017 annual review period July-December examination provided by the Association of S and June 2018. SIU focused its review on: a) 2018, is scheduled for January 2019. Certified Fraud Examiners based in Texas, E the complaints lodged in the PSU Register in USA. They are joined by representatives
comparison to lists forwarded to the In September 2018, SIU commenced from Samoa’s integrity network which T Ombudsman; b) File management (time frame monthly case meetings with PSU include the Ministry of Police, the Public of investigations, issues or concerns); and c) following PSU's request for regular A Service Commission, Ministry of Justice and quality of investigations. For the review meetings.
the Attorney General’s Office. The training D is a coordinated effort between the Office of the Ombudsman and the Audit Office to P build and develop the capacity of integrity agencies towards the establishment of a U National Integrity Office or Fraud
Examination Office in Samoa. K R O W T
Maiava and Police Commissioner, Fuiavailili Egon Keil, during the signing of the MOU in 2016 which lays out the working I relationship between the Ministry of Police and the Special Investigations Unit. Deputy Ombudsman and SIU Director with Samoa Water Authority management staff during one of the practice statement N PRACTICE STATEMENT STAKEHOLDER AWARENESS meetings held in October, 2018. U The Practice Statement was created to iii) Meeting with agencies when the the Ministry of Agriculture and Fisheries,
propose arrangements between the Office of needarises; Electric Power Corporation, Ministry of S the Ombudsman and state agencies in iv) The nomination of the Ombudsman Natural Resources and Environment,
assisting the Ombudsman with the Liaison Officers; and Samoa Water Authority and Samoa Land N discharging of the statutory obligations of v) Awareness of protocols and procedures for Corporation) since October to discuss O the Ombudsman as required under the Ombudsman enquiries and investigations. specified arrangements, queries and the
Ombudsman Act 2013. These arrangements complaint handling needs of each agency. I include: The Deputy Ombudsman and the Based on requests, the investigation arm is i) Awareness of the functions of the investigation arm of the Office of the developing a complaint handling workshop T
Ombudsman in state agencies; Ombudsman (i.e. SIU and GG) have been for state agencies in 2019. A ii) Quarterly reports by the Ombudsman on meeting with the management and key staff complaints dealt with by the agencies; of individual State Agencies (which included G
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WANT TO BRING CASE TO THE SIU? THE PROCESS T S
Phase 1: Receive Phase 2: Review Phase 3: Report E SIU receives complaints in person, SIU staff member reviews the Whatever course of action the V writing, electronically and via complaint and submits a file review Ombudsman decides to take, SIU staff
telephone. SIU staff member records report with recommendations to must report back to the complainant. N All formal and informal investigations the complaint details on a complaint the Director within 14 working days conducted by SIU are confidential. I form and will acknowledge within the (variations on a case by case basis) The OMB may require that the parties next 3 days of the next step in the of receiving the complaint. The SIU involved must sign a non-disclosure L process. All complaints are deemed Director endorses or recommends agreement as a precursor to receiving informal unless following the Phase 2 alternative action with the approval A
a copy of the report (which can take
review, a formal investigation is of the Assistant Ombudsman/ up to 20 working days) of the matters I necessary. Ombudsman. involving them. C E
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S Participants at the 9th International Conference on Human Rights Education held in Sydney Australia 26-29 November, 2018 which included staff from NHRI Samoa - Loukinikini Vili, Tracey Mikaele and Charles Dean. S CONFERENCES AND WORKSHOPS N INTERNATIONAL Implementation Of Domestic Violence 3rd ILGA Oceania Regional Conference - ILGA Australian Government Attorney-General’s Legislation: From Law To Practice Regional Oceania, Apia, Samoa, 29 August- 1 September O Department Legal Policy Development Training, Consultations, 23-25 October 2018, Nadi, Fiji. 2018, Taumeasina Island Resort, Apia, Samoa.
13-23 March 2018, Canberra, Australia. Transformative Agenda Planning Meeting Influencing and engaging with key stakeholders I Capacity building for stronger seasonal worker UNFPA, 15 November, 2018, Suva, Fiji. on Inquiry Recommendations Capacity Building
programs, 23-24 April, 2018, Sydney, Australia. 9th International Conference on Human Rights Workshop, 13-14 September 2018, Ombudsman S Donor roundtable on National Human Rights Education, 26-29 November 2018, Sydney, Office Conference Room, Apia, Samoa. S Institution, 27 April, 2018, Suva, Fiji. Australia. Meet & Greet Session with SOGIESC groups in Pacific Integrity Network Training, 2-4 May, Samoa, 6, 7 and 12 October, 2018, Edge Glass I 2018, Brisbane, Australia. LOCAL Lounge, Matautu Samoa. International Conference on Sexual Conference on gender based violence against 2nd Quarterly SFA Stakeholder & Allies Informal M Orientation, Gender Identity and Intersex women in Samoa, 16 March, 2018, Piula Dialogue & launch of SFA Media Guide, 6 Status Research: Data Collection, Analysis, Theological College, Piula, Samoa. October 2018, Tanoa Hotel, Sogi, Samoa. B Social and Policy Engagement, 9-10 May 2018, PSET Annual Conference, SQA, Taumeasina CEDAW Reporting on Samoa’s 6th Periodic Tsim Sha Tsui, Hong Kong. Island Resort, 11-12 April 2018, Apia, Samoa. Review Preparatory & Practice Session, 8-10 2nd Pacific Human Rights Conference “My Disability Analysis Workshop, SBS, 7-11 May, October 2018, Tooa Hall, Sogi, Samoa. U Voyage, One Ocean, Our Journey”, 28 May – 01 2018, Tanoa Hotel, Sogi, Apia. Samoa Disability Partnership Program: Phase 2 S June 2018, Nadi, Fiji Faafafine & Faatama Trans Health Blueprint Follow-Up Consultations, 22, 24, 26 Human rights and technology conference and Trainings of Trainers Workshop, 16-18 May, October 2018, Tooa Hall, Sogi, Samoa.
consultation workshop, 24-25 July, 2018, 2018, Tanoa Hotel, Sogi, Samoa. Child Care Protection Systems Workshop, 24-25 & Sydney, Australia. YWCA Care for Young Women to Rise Up! October 2018, Elisa Hotel, Sogi, Samoa. Fiji Human Rights Commission SOGIESC Lecture, 25 May-5 June, 2018, NUS Lecture SAMOA Pathway Interregional Meeting [Side S National Consultation, 26-27 July, 2018, Suva, room D201, Le Papaigalagala, Samoa. Event - ICPD Implementation in PACIFIC SIDS:
Fiji. Convention Against Corruption Workshop, SAMOA Pathway Partnership Actions in P The Equal Rights Coalition Global Conference UNDP, 12-13 June 2018, PSC Conference Room, Reproductive Health, Population Data, Gender
On LGBTI Human Rights & Inclusive Apia, Samoa. and Youth], 29 October 2018, TATTE Conference O Development, 5-7 August, 2018, Vancouver, Legislative Drafting Training, Samoa Law Centre, Sogi, Apia.
British Columbia, Canada. Reform Commission Conference Room, 22 June Community Development Sector 1st Annual H 23rd Annual General Meeting of the APF of 2018, Apia, Samoa. Forum, 6-7 November 2018, TATTE Conference NHRIs, 18-19 September, 2018, Hong Kong. Advisory Committee for the Samoa Disability Centre, Sogi, Apia. S
International Conference on Equality, 20-21 Program (SDP): Phase 2 Design Consultations, SFA UPR 2nd reporting cycle – Mid-term review, K September, 2018, Hong Kong. 10-13 July 2018, Tooa Hall, Sogi, Samoa. 7 November 2018, Tanoa Hotel, Sogi, Apia.
APF Facilitators' Network (AFN) workshop, 24- Legal Aid Workshop, UNDP, MJCA Conference Data Communication & Infographics Basics, 19- R 26 September, 2018, Bangkok, Thailand. Room, 27 July 2018, MJCA Conference Room, 23 November 2018, DBS Conference Room,
13th International Conference of NHRIs – Mulinuu, Samoa. Apia, Samoa. O expanding the civic space and promoting and Ombudsman Office/ NHRI Samoa Capacity protecting human rights defenders, with a Building Activity on Monitoring and Evaluation, W specific focus on women: the role of NHRIs, 10- 20-21 August, 2018, Tanoa Hotel, Sogi, Samoa. 12 October, 2018, Marrakech, Morocco. S
SUBMISSIONS TO SAMOAN PARLIAMENT & UN BODIES/ COMMITTEES E C PARLIAMENT UN BODIES/ COMMITTEES
Submission to the Parliamentary Social Committee Submission of NHRI CEDAW Shadow Report to the UN Committee on CEDAW. N Submission to the UN Human Rights Council Independent expert group on the issue on the introduction of the use of reasonable force in E schools under section 23 of the Education Amendment of discrimination against women in law and in practice in Samoa. Bill 2018. Submission to GANHRI regarding Mapping of NHRIs roles, activities, experiences R
Submission to Parliament of State of Human Rights with regards to migration. E Submission to GANHRI regarding NHRI role in preventing and elimination violence Report 2018: Family Violence National Public Inquiry. F against women and girls - 63rd session of the Commission of the Status of Women. Submission of Ombudsman's Office Annual Report
Submission to the OECD Development Centre on Data validation in Samoa- OECD N 2015/16 to Parliament. Social Institutions and Gender Index Survey. O
W W W . O M B U D S M A N . G O V . W S C NEW STAFF Toetu Isa'ako Tuia, Investigating Officer (Good Governance) - 12/02/2018 Lagafuaina Tavita, Director Special Investigations Unit - 1/03/2018 Davina Rasch Salanoa, Corporate Service Manager - 21/05/2018 Charles Dean, Investigating & Legal Officer (NHRI/ Good Governance) - 26/02/2018
FAREWELLS
Kalameli Seuseu, Investigating & Legal Officer Officer - 19/05/2017 S Rexona Titi, Director Special Investigations
Unit - 20/06/2017 E Ombudsman and staff during the mid-term review of its Office Strategic Plan 2016-2020 held at Tanoa Tusitala Hotel, April 2018. Seiao Saena, Corporate Service Manager - T 05/09/2017 GEARING UP FOR THE FUTURE: MID-TERM REVIEW OF A INTERNS OFFICE STRATEGIC PLAN AND CAPACITY REVIEW. Ashleigh Zosel-Harper, Fullbright Scholar D USA: 3-/05/2018 - 29/07/2018. The Office carried out a mid-term review of its Strategic Plan 2016-2020 as well as a capacity P assessment review of the Office from the 9-13 April 2018. The reviews were to see what outputs the Office has accomplished over the 2 year period from 2016 to 2018, identify achievements as U well as any gaps that have hindered the Office's capacity to effectively carry out its mandate.
The outcome of the two reviews will benefit and assist the Office in satisfying its mandates in K promoting dignity, protection, equality and fairness for all. R
The workshop was facilitated by consultants from APF (Rosslyn Noonan) and SPC-RRRT O (Jayshree Mangubhai). The Office acknowledges the support of APF and SPC-RRRT in this important workshop. W
Ashleigh took up a 9 week internship with the Office working under the Human Rights Unit. I RESOURCES She was mainly tasked to assist in the
development of a suitable and appropriate T Submission of Annual Report to M&E framework that the Office could use to Parliament [A copy can be retrieved from monitor and evaluate its human rights related N our website www.ombudsman.gov.ws or activities. The Office would like to thank
email [email protected]]. Ashleigh for her invaluable contribution to the U Revamping of Office Website. The Office Office and wishes her all the best! undertook a revamp of its website in S 2018. The updated website provides access to e-copies of reports, VOLUNTEERS E
information about the Office etc. Chris Rummery, Australia - Human Rights C Re-branding of Office promotional Unit, 2016-2017. I materials e.g. brochures, bookmarks etc. Ashely Bowe, United Kingdom - Human Rights Unit, 2016-2017. for raising awareness among the public V of the Office's role and functions. Office bookmarks containing information about each Unit - SIU, GG and Human Rights R
CONTACT E Lodging a Level 5, CBS Building S PO BOX 3036, APIA, Samoa Complaint Chief Editor: E Tracey Mikaele (+685) 25394 & 23317 T (Communications and (+685) 21862 In person Education Unit) A Phone call [email protected]
Email R Graphic/ Layout: Charles www.ombudsman.gov.ws
Complaint form on Dean O website NHRIOmbudsmanSAMOA P R
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