U.S. Department of State Country Report on Human Rights Practices 1995 - Western Samoa

WESTERN SAMOA   Western Samoa, a small Pacific island country with a population of approximately 210,000, is a parliamentary democracy but with certain concessions to Samoan cultural practices. The Constitution provides for a Samoan Head of State, a unicameral (Legislature composed of Matai family heads) elected by universal suffrage, an independent judiciary, protection of Samoan land and traditional titles, and guarantees of fundamental rights and freedoms. Executive authority is vested in the Head of State, with the Government administered by the Cabinet, consisting of the Prime Minister and 12 ministers chosen by him. All laws passed by the Legislative Assembly need the approval of the Head of State, Malietoa Tanumafili II, who holds the position for life. His successors will be elected by the Legislative Assembly for 5-year terms. Western Samoa does not have a defense force. The small national police force is firmly under the control of the Government but has little impact beyond Apia, the capital city. Enforcement of rules and security within individual villages is vested in the Fono (Council of Matai), which settles most internal disputes. Judgments by the Fono usually involve fines or, more rarely, banishment from the village. Western Samoa is a poor country with a market-based economy in which over 60 percent of the work force is employed in the agricultural sector. Coconut products and kava are the principal exports. The small industrial sector is dominated by a Japanese factory which assembles automotive electrical parts for export. The Government has initiated a major push for tourism. Per capita gross domestic product is $1,100 per year. Western Samoa is heavily dependent on foreign aid and on remittances sent to family members by the more than 100,000 Samoans living overseas, mostly in Australia, New Zealand, and the United States. The Government generally respected the human rights of its citizens. However, it brought sedition charges against two leaders of an antitax movement over statements made during a protest rally. The charges were subsequently dismissed by the judiciary for lack of evidence. Principal human rights abuses arise out of political discrimination against women and nonmatai, and violence against women and children. Societal pressures and customary law may interfere with the ability to conduct fair trials, and there are some restrictions on freedoms of speech, press, and religion.

Respect for Human Rights

Section 1 Respect for the Integrity of the Person, Including Freedom from:

a. Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial killings in 1995.

b. Disappearance

There were no reports of politically motivated disappearance.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that officials practiced them. However, villages are controlled by customary law, and the Fonos may mete out banishment when deemed necessary. This is one of the harshest forms of punishment in this collective society. Although jail conditions are fairly basic so far as food and sanitation are concerned, there have been no reports of abuses in prisons. While there are human rights groups operating in Western Samoa, the question of monitoring of prison conditions by them has not arisen. Prison visits by family members and church representatives are permitted. Arbitrary Arrest, Detention, or Exile The law prohibits arbitrary arrest, detention, or exile, and the Government observes this prohibition.

e. Denial of Fair Public Trial

The law assures the right to a fair public trial, and this is honored by the official court system. However, many civil and criminal matters are not handled by Western-style courts but by village Fonos, which differ considerably both in their decisionmaking style and in the number of matai involved in the decisions. The Village Fono Act of 1990 gives legal recognition to the decisions of the Fono and provides for limited recourse of appeal to the Lands and Titles Courts and to the Supreme Court. In a 1993 court case, a village Fono ordered the property of a villager to be burned after he had disobeyed and flouted village rules. An angry mob killed the villager and burned all his belongings. The villager who had actually shot the victim was tried in 1994 and sentenced to death by the Supreme Court. The six matai members, though originally charged by the Supreme Court with inciting murder, were subsequently charged only with willful damage and received a minimal fine and no jail sentence. Western Samoa's Attorney General lodged an appeal in 1994 on the grounds that the sentence was "inadequate and inappropriate." A ruling on this appeal was postponed until 1996. There were no reports of political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

The law provides for protection from invasion of the home or seizure of property without substantive and procedural safeguards, including search warrants, which are issued by the judicial branch. Practically, however, there is little or no privacy in the village. Village officials by law must have permission to enter homes, but there can be substantial social pressure to grant such permission.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and of the press, and the Government generally respects these rights in practice. The Government charged two senior members of Tumua and Pule, the traditional leadership organization of Samoa, with sedition stemming from statements they made during a protest rally in 1994. The two were leaders of a protest movement against a highly unpopular value-added tax recently imposed by the Government. The judiciary dismissed all charges when the Government failed to present any evidence against the defendants. The Newspapers and Printers Act and the Defamation Act require journalists to reveal their sources in the event of a defamation suit against them. There has been no court case requiring that these acts be invoked. Two English-language newspapers and numerous Samoan-language newspapers are printed regularly in the country. The Government operates a radio station and the country's sole television station. There are two private radio stations. Television from American Samoa is readily available to viewers in Western Samoa.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for these rights, and the Government respects them in practice.

c. Freedom of Religion

The Constitution provides for freedom of religion, along with freedom of thought and conscience. Nearly 100 percent of the population is Christian. While the Constitution grants each person the right to change religion or belief and to worship or teach religion alone or with others, in practice the matai often choose the religious denomination of the aiga (extended family). There is strong societal pressure to support church leaders and projects financially. Such contributions often total more than 30 percent of personal income.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The Constitution provides for freedom of internal movement, but in practice some citizens have been banished either from village activities or completely from the village. The Government actively supports emigration as a "safety valve" for pressures of a growing population, especially for potentially rebellious youths, and because it generates foreign income through remittances. The Government does not restrict foreign travel arbitrarily or the right of citizens to return from abroad. Western Samoa has not had any refugees or asylum seekers, and it is not a party to any international protocol on them. However, the authorities have indicated that they would conform to international norms if such cases should arise.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens have the right to change their government through direct, multiparty elections, but women's political rights are restricted by the fact that few of them are matai. While all citizens above the age of 21 may vote, the right to run for 47 of the 49 seats in the Legislative Assembly remains the prerogative of the approximately 25,000 matai, 95 percent of whom are men. The remaining two seats are reserved for citizens not of Samoan heritage. While all adult Samoans may vote for the Legislative Assembly, matai continue to control local government through the village Fono which are open to them alone. The political process is more a function of personality than of party. The Human Rights Protection Party (HRPP) led by its leader, Prime Minister Tofilau Eti Alesana, holds the majority of seats in the Legislative Assembly. The Samoan National Development Party is the opposition party. The next general elections will be held in 1996. Women occasionally reach high public office. The 12-member Cabinet has 1 female member, and women hold 2 of the 47 seats in Parliament. The first female judge was named in 1994.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

A number of human rights groups operated without government restriction, investigating the Tumua and Pule sedition case and publishing their findings about it. Government officials are usually cooperative.

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Constitution prohibits discrimination based on race, sex, religion, disability, language, or social status. Western Samoa is a homogeneous society with no significant ethnic minorities. Samoan politics and culture are the product of a heritage of chiefly privilege and power, and members of certain families have some advantages. While there is discrimination against nonmatai and women, women (and particularly female matai) play an important role in society and may occasionally reach high office.

Women

The traditional subordinate role of women is changing, albeit slowly, especially in the more conservative parts of society. While abuse of women is prohibited by law, social custom tolerates physical abuse of women within the home. The role and rights of the village Fonos and tradition would prevent police from interfering in instances of domestic violence, barring a complaint from the victim – which village custom strongly discourages. While police do receive some complaints from abused women, domestic violence offenders are typically punished by village councils, but only if the abuse is considered extreme. ("Extreme abuse" would be visibly evident signs of physical abuse.) The village religious leader may also intervene in domestic disputes. Many cases of rape may still go unreported because tradition and custom discourage such reporting. In spite of this, the authorities note a greater number of reported cases of rape, as women are slowly becoming more forthcoming with the police. Rape cases that do reach the courts are treated seriously. Convicted offenders are often given relatively stiff sentences of several years' imprisonment. The Ministry of Women's Affairs oversees and helps ensure the rights of women.

Children

The Government has made a strong commitment to the welfare of children through the implementation of various youth programs by the Ministry of Education and the Ministry of Health. The law prohibits abuse of children, but tradition tolerates physical abuse of children within the home. The police noted an increase in reported cases of child abuse, attributed to Samoans becoming more aware of the need to report physical, emotional, and sexual abuse of children.

People with Disabilities

The Government has passed no legislation pertaining to the status of handicapped or disabled persons or regarding accessibility for the disabled. Samoan tradition dictates that handicapped persons be cared for by their family, and this custom is widely observed in practice.

Section 6 Worker Rights

a. The Right of Association

Workers have legally unrestricted rights to establish and join organizations of their own choosing. To date, two trade unions have been organized. The Western Samoa National Union, organized in 1994, is a six-member association which includes workers from the three major banks. A second union represents members at the sole factory in the country. Both unions are independent of the Government and political parties. There are no laws specific to union activity. The Commissioner of Labor would adjudicate any cases of retribution against strikers or union leaders on a case by case basis. The Public Service Association, representing government workers, an increasingly important sector of the work force, also functions as a union. The Supreme Court has upheld the right of government workers to strike, subject to certain restrictions imposed principally for reasons of public safety. Workers in the private sector have the right to strike, but in 1995 there were no strikes. The Public Service Association freely maintains relations with international bodies and participates in bilateral exchanges.

b. The Right to Organize and Bargain Collectively

While workers have the legal right to engage in collective bargaining, they have seldom practiced it, due to the newness of union activity and the inexperience of union leaders. However, the Public Service Association engages in collective bargaining on behalf of government workers, including bargaining on wages. Minimum wages are set by an advisory commission to the Minister of Labor. Wages in the private sector are determined by competitive demand for the required skills. Any antiunion discrimination case would be reported to and adjudicated by the Commissioner of Labor. Arbitration and mediation procedures are in place to resolve labor disputes, although these rarely arise. Labor law and practice in the one export processing zone are the same as in the rest of the country.

c. Prohibition of Forced or Compulsory Labor

While the Government does not demand compulsory labor and it is prohibited by law, in this collective society people are frequently called upon to work for their villages. Most people do so willingly, but if not, the matai can compel them to do so.

d. Minimum Age for Employment of Children

Under the terms of the Labor and Employment Act of 1972 as amended, it is illegal to employ children under 15 years of age except in "safe and light work." The Commissioner of Labor refers complaints about illegal child labor to the Attorney General for enforcement. The Attorney General has received no complaints about violation of the child labor laws, which probably seldom occurs. The law does not apply to service rendered to the matai, some of whom require children to work, primarily on village farms.

e. Acceptable Conditions of Work

The Labour and Employment Act of 1972, as amended, established for the private sector a 40-hour workweek and an hourly minimum wage of $0.50 (Tala 1.25). This minimum wage suffices for a basic standard of living when supplemented by the subsistence farming and fishing in which most families engage. The Labour and Employment Act of 1972 provides that no worker should be required to work for more than 40 hours in any 1 week. The Act also establishes certain rudimentary safety and health standards, which the Attorney General is responsible for enforcing. Independent observers report, however, that the safety laws are not strictly enforced except when accidents highlight noncompliance. Many agricultural workers, among others, are inadequately protected from pesticides and other dangers to health. Government education programs are addressing these concerns. The Act does not apply to service rendered to the matai. While the Act does not specifically address the right of workers to remove themselves from a dangerous work situation, a report of such a case to the Commissioner of Labor would prompt an investigation, without jeopardy to continued employment. Government employees are covered under different and more stringent regulations, which are adequately enforced by the Public Service Commission.