REPORT ON THE STATUS OF THE RIGHTS OF THE CHILD IN SAMOA 2005 INITIAL REPORT ON THE IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD The Government of Samoa with assistance from UNICEF and Government of Australia through the Pacific Children’s Program TABLE OF CONTENTS Foreword 3 Introduction 4 Acknowledgements 5 Glossary 6-7 Abbreviations 8-9 Executive Summary 10-14 Recommendations 15-17 Section 1: Facts and Figures about Samoa 18-25 The Land 18 The People 19 Language and Religion 19 Historical background 19-20 Demography 20-21 The Economy 21-22 Constitutional background 22 The Executive 22-23 Parliament 23 Judiciary 23-24 Fundamental Rights 24 Political parties 24 Public service 24-25 Legal System 25 Section 2: General Measures of Implementation 26-32 Section 3: The Definition of a Child 33-37 Section 4: General Principles 38-43 Section 5: Civil Rights and Freedoms 44-50 Section 6: Family Environment and Alternative Care 51-67 Section 7: Basic Health and Welfare 67-81 Section 8: Education, Leisure and Culture Activities 82-95 Section 9: Special Protection Measures 96-102 References 102-105 2 FOREWORD Samoa became a State Party to the Convention on the Rights of the Child (CRC) in 1994. This report constitutes Samoa’s initial report on the measures undertaken as well as those foreseen to be undertaken to ensure the full implementation of the Convention. Samoa acknowledges that it has satisfied many of the provisions of the Convention. At the same time, it recognizes that there are gaps that need to be addressed for the full realization of the articles of the Convention. Samoa is committed to addressing these gaps, as evident from the recommendations made in the report. This report contains information on the current legislative, economic and socio-cultural contexts within which the rights of the child are protected in Samoa. This information demonstrates the influence of the interlinked cultural, religious and economic perspectives on determining the importance of the child to his/her family, community, church and country. The report will serve as a yardstick to measure progress in the implementation of the provisions for the protection of the rights of the child as stipulated in the Convention. The government of Samoa notes with gratitude the assistance of UNICEF which funded the preparation of this report including its translation into the Samoan language. It also acknowledges with appreciation the assistance of the government of Australia, through the Pacific Children’s Program which made possible a number of consultative processes on the report. Government Ministries and non-government organizations, particularly the partners of the CRC Partnership, are especially acknowledged for their contributions through their active involvement in the consultations and provision of information. Last, but certainly not the least, the commitment of the Division for Women - Ministry of Women, Community and Social Development (DFW-MWCSD), through the coordination of essential processes of this undertaking and actively moving it towards completion, is duly noted. It is my hope that despite Samoa’s status as a least developed country, this initial report reflects its commitment towards fulfilling its obligations as a State Party to the Convention. Where there are provisions remaining to be satisfied in the realization of this commitment, the government and people of Samoa will ensure that such are progressively addressed as appropriate within the nation’s economic and social-cultural contexts. Honourable Tuala Ainiu Iusitino MINISITER FOR WOMEN, COMMUNITY AND SOCIAL DEVELOPMENT 3 INTRODUCTION Samoa ratified the Convention on the Rights of the Child, hereinafter referred to as the CRC, on 11 November 1994. The following is the initial report submitted by Samoa to the United Nations Committee on the Rights of the Child. The compilation of the initial report was funded by UNICEF. A number of consultative processes on the report was made possible with assistance from the government of Australia through the Pacific Children’s Program. The main objective of the report is to present a comprehensive description of the legal, sociological and economic situation in Samoa within which the rights of the child are recognized and protected. General Guidelines Regarding the Form and Content of Initial Reports to be Submitted by State Parties Under Article 44, Paragraph 1 (a), of the Convention – adopted by the Committee at its 22 nd meeting on 15 October 1991, was used in the preparation of the report with the aim to reflect as near to actuality the situation in Samoa. The first draft of the report was completed in 1999. Between that time and the final stages of the report’s preparation, numerous reviews and extensive consultations on the draft report were conducted with various sectors of government and civil society. The CRC Partnership - an initiative of the Ministry of Women Affairs, now the Ministry of Women, Community and Social Development as of 2003 – comprising representatives of government agencies and non-government organizations has been actively involved in reviewing and updating information in this report. Public meetings afforded valuable input into the report. The final review of the report was undertaken by the National Coordinating Committee on the Convention on the Rights of the Child (NCCCRC). Revisions from this review were incorporated before the report was submitted for Ministerial endorsement. Much of the statistical data on children in this report comes from the 2001 Census report and information systems of government Ministries. The report encompasses the valuable contributions by government Ministries, Churches and non-government organizations which work are directly related to the implementation of various articles of the Convention on the Rights of the Child. As well, it reflects the important contributions of many individuals who had assisted in the preparation of the report, and identified under Acknowledgements. Special mention is made of the two local consultants - Donna Kamu and Afamasaga Faamatala Toleafoa – who were tasked respectively with the compilation and update of information for the report. Similarly, special note is made of the Chief Executive Officer of the Ministry of Women, Community and Social Development as well as the Assistant Chief Executive Officer and senior staff of the DFW-MWCSD who spent long hours on incorporating revisions into, as well as carrying out the final editing and proofreading of, the report. 4 ACKNOWLEDGEMENTS The following people willingly made time to be interviewed and provide information for the report: Gatoloai Tili Afamasaga, National University of Samoa; Donna Hartman, Aoga Fiamalamalama; Miriama Isara, Curriculum Development Unit; Sinapi Moli, Department of Education; Elisapeta Pasa, Statistics Department; Attorney General’s Office, Christine Quested, National Nutrition Centre; Doreen Roebeck, Department of Education; Maka Sapolu, Samoa Red Cross; Savea Fomai Sapolu, Ministry of Internal Affairs; Mataina Te’o, Nelson Memorial Library; Walter Vermeulen, O le Siosiomaga Society Inc; Momoe Von Reiche, M.A.D.D. Gallery; Faoliu Wendt, Mapusaga o Aiga; Peter West, Loto Taumafai School and Andrea Williams, Ministry of Foreign Affairs, Malaefono Taaloga, Ministry of Finance (Division for Statistics); Taumafai Poleka, Ministry of Health and the Partnership on the Convention on the Rights of the Child. Members of the Steering Committee gave their time willingly to assist in the progress of the first draft report. They are: Office of the Attorney General, Margaret Fruean, Ministry of Justice and Courts Administration, Namulauulu Nuualofa Tuuau-Potoi, Ministry of Health, Lemalu Lafi Sanerivi, Ministry of Education, Sports and Culture, Noumea Simi, Ministry of Foreign Affairs and Trade, Luagalau Foisagaasina Eteuati- Shon, Ministry of Women, Community and Social Development. Members of the National Coordinating Committee on the Convention of the Rights of the Child carried out the final review of the report. Appreciation goes to Palanitina Toelupe, Kuiniselani Tago, Louisa Apelu, Fiasili Leaupepe, Sina Malealona and Nesa Sinclair of the Ministry of Women, Community and Social Development, Keneti Vaigafa of the Ministry of Health, Beth Onesemo of the Public Service Commission, Terry Hawker and Ofie Spiller for technical assistance in the preparation of the report. Special mention is made of Lufilufi Taulealo who was tasked with the translation of the draft report into the Samoan language. Thank you to the following people who read the draft report and offered comments: Foaluga Taupi, Avoka Girls College; Elizabeth CT. Peters, parent; Puletini Tuala, Sautiamai; Donna Hartman, Aoga Fiamalamalama (IHC); Lorraine Williams, Vaiala Beach School; Vice Principal Primary School, The Church of Jesus Christ of Latter- day Saints; Susitina Taisega Tafua, National Council of Women; Tapusalaia Faatonu Faletoese, Samoa Women Committees Development Organisation, Inc., Peter West, Loto Taumafai Education Centre for the Disabled, staff of the Programs & Training Section of the Division for Women and members of the CRC Partnership. 5 GLOSSARY Samoan English Aiga Family - also refers to extended family Aoga Faifeau Pastor’s school Aualuma Village daughters’ group. Aumaga Village untitled men’s group Fa’aSamoa Samoan way of life/culture Fa’aaumaga In the way of the village untitled men Faafailelega tama Process of exchanging gifts in celebration of the birth of a child Faamasino Fesoasoani Lay