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GOVERNMENT OF SAMOA Samoa’s Legislative Compliance with the Convention on the Elimination of all forms of Discrimination AgainstDRAFT Women (CEDAW) Final Report (17/16) August 2016 GOVERNMENT OF SAMOA OFFICE OF THE PRIME MINISTER AND MINISTER FOR THE SAMOA LAW REFORM COMMISSION The Honourable Speaker THE LEGISLATIVE ASSEMBLY OF SAMOA In compliance with section 9 (2) of the Law Reform Commission Act 2008, I have the honour to submit to you copies of the Report on the CEDAW Legislative Compliance Project as referred to the Samoa Law Reform Commission for review. This report sets out the Commission’s recommendations on CEDAW Legislative Compliance Review after public consultations and research in accordance with section 4 of the Law Reform Commission Act 2008. (Hounourable Tuilaepa Lupesoliai Fatialofa Dr. Sailele Malielegaoi) PRIME MINISTER AND MINISTER FOR THE SAMOA LAW REFORM COMMISSION 2 GOVERNMENT OF SAMOA Honourable Tuilaepa Lupesoliai Fatialofa Dr. Sailele Malielegaoi PRIME MINISTER AND MINISTER FOR THE SAMOA LAW REFORM COMMISSION In compliance with section 9(2) of the Law Reform Commission Act 2008, I have the honour to submit to you copies of the Report on the CEDAW Legislative Compliance Project as referred to the Samoa Law Reform Commission for review. This report sets out the Commission’s recommendations on the CEDAW Legislative Compliance Reivew after public consultations and research in accordance with section 4 of the Law Reform Commission Act 2008. (Leota Theresa Potoi) EXECUTIVE DIRECTOR SAMOA LAW REFORM COMMISSION 3 Table of Contents TERMS OF REFERENCE ....................................................................................................... 5 PREFACE ........................................................................................................................... 5 PART 1: INTRODUCTION .................................................................................................... 6 A. CEDAW Background ................................................................................ 6 B. Overview of CEDAW in Samoa ................................................................ 7 C. Methodology Used to Assess Legislative Compliance ......................... 8 PART 2: VIOLENCE AGAINST WOMEN .................................................................................. 9 A. Family Violence ........................................................................................ 9 B. Sexual Violence ...................................................................................... 31 C. Trafficking and Prostitution .................................................................. 39 D. Harassment of Women .......................................................................... 42 E. Abortion .................................................................................................. 49 PART 3: POLITICAL AND PUBLIC LIFE ................................................................................. 54 A. Local Governance .................................................................................. 55 B. National Governance ............................................................................. 56 C. International representation .................................................................. 64 D. Supporting bodies (MWCSD, the Advisory Committee, Village PART 4: OTHER ISSUES ..................................................................................................... 70 A. Legal Framework.................................................................................... 70 B. Gender Role stereotyping ..................................................................... 74 C. Education ............................................................................................... 77 D. Employment ........................................................................................... 81 E. Marriage and family ............................................................................... 89 F. Health Care ............................................................................................. 94 G. Equality before the Law in Economic and Social Benefits, and conducting Legal Transactions ...................................................................... 95 H. Nationality .............................................................................................. 96 CONCLUSION .................................................................................................................. 97 LIST OF RECOMMENDATIONS ........................................................................................... 99 4 TERMS OF REFERENCE 1. The Convention on the Elimination of Discrimination Against Women (CEDAW) was ratified by Samoa in 1992. Upon ratification, Samoa became legally obligated under the Convention to enact necessary legislation to give domestic effect to CEDAW. 2. In 2008, the Samoa Law Reform Commission (Commission) received a reference from the Attorney General to review the level of compliance of Samoa’s legislation with its obligations under CEDAW. 3. Whilst the focus of this review is on legislative compliance, the Commission has, due to the substantial insights gained from research, public consultations and submissions received, included some recommendations for non-legislative measures where appropriate. PREFACE 1. The aim of this Report is to assess the actual impact of legislative measures that are in place, identify any gaps in substantive equality that are experienced by women in Samoa that may not be apparent on the face of the legislation and available data to gain deeper understanding of the issues that are significant for women in Samoa. 2. A CEDAW Discussion Paper was published by the Commission in June 2015 which included 38 questions regarding Samoa’s legislative compliance in relation to the substantive articles of CEDAW.1 Submissions were sought on these questions and a CEDAW working group was established to help the Commission identify both legislative and non-legislative measures carried out by Government agencies to meet Samoa’s obligations under CEDAW.2 The Commission also reviewed an assessment of Samoa’s legislative compliance with CEDAW that was initially carried out by the United Nations Development Fund for Women (UNIFEM) and the United Nations Development Programme (UNDP) published in 2007.3 Furthermore, ‘General Recommendations’ and ‘Concluding Observations’ provided to Samoa by the Committee on the Elimination of Discrimination against Women (CEDAW Committee4) in 1 Samoa Law Reform Commission, Convention on the Elimination of Discrimination Against Women Discussion Paper, Discussion Paper 03 (2015). 2 The CEDAW Working Group consisted of representatives from the Office of the Attorney General (AGO), Office of the Ombudsman, Ministry of Women, Community and Social Development (MWCSD), Ministry of Police (MoP), Ministry of Commerce Industry and Labour (MCIL), Ministry of Education Sports and Culture (MESC), Ministry of Health (MoH), and National Health Services (NHS), including an observer from UN Women. 3 Vedna Jivan and Christine Forster, ‘Translating CEDAW Into Law: CEDAW Legislative Compliance In Nine Pacific Island Countries’ (May 2007) UNDP Pacific Centre and UNIFEM Pacific Regional Office, Suva Fiji. 4 The Committee on the Elimination of Discrimination against Women (CEDAW Committee) is a body of experts from 23 different countries which monitors States’ implementation of CEDAW and provides guidance on compliance with CEDAW obligations. 5 2012, were also raised in the Discussion Paper.5 These were all considered by the Commission in this Report. 3. Public consultations on key issues raised in the Discussion Paper were carried out in September and October 2015 in Apia and Saleapaga in Upolu and Sapapali and Asau in Savai’i. It was evident from these consultations, submissions received and the Commission’s research, that some of the most pressing issues facing Samoan women concern violence against women and their participation in public and political life. 4. The Commission has therefore discussed the two broad issues of violence against women and their participation in public and political life in Part 2 and 3 of this Report, with the intention that these are given particular and urgent attention. Part 4 of this Report addresses other issues arising which do not fall under these two broad areas. However, so that this Report may stand alone, we have incorporated parts of our Discussion Paper where appropriate in Part 4 of the Report, in relation to CEDAW articles that Samoa appears to be in full compliance. 5. The Commission notes submissions from the Samoa Fa’afafine Association (SFA) and observed that many members of the public raised similar issues in respect of transgender persons, fa’afafine and fa’afatane and the discrimination they sometimes face in the community. The Commission commends SFA and members of the public for raising these significant issues and the need for the protection of members of this group against discrimination within Samoa’s community. However, the Commission notes that these particular issues fall outside the scope of this Report, but strongly believes that it should be considered for a review in the near future. PART 1: INTRODUCTION A. CEDAW Background 1.1 CEDAW is an international agreement that affirms the right for women to receive equal recognition of their human rights and fundamental freedoms in all areas of life, including in civil, political, economic,
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