The Indigenous World 2022: Samoa

Written on 01 April 2022. Posted in Samoa

Samoa was the first Pacific Island State to secure the right to self-determination and independence in Oceania during the 20^th century (1962).^[1] Samoa’s population is estimated at 198,414 people.^[2] The demographics of Samoa are: Samoan 96%, Euronesians 2% (persons of European and Polynesian ancestry), and other 1.9%.^[3] Through decades of direct action in non-violent protest via the Mau movement, combined with repeated delegations to the League of Nations and later the United Nations, and in the face of violent oppression, the Indigenous Peoples of Samoa secured a seat at the United Nations as a full member in 1976.^[4] Samoa originally abstained in the vote to adopt the UNDRIP in 2007; however, they have since expressed their support.^[5]

When Samoa achieved its independence, it created a modern nation state upholding the rule of law. However, Samoa retained the fa’a Samoa (traditional culture) in political structures and in its Constitution. Matai (traditional chiefs) are able to stand for election to the Fono (unicameral parliament). The Human Rights Protection Party (HRPP) has been in power since 1982 and has supported specific steps towards universal values of equality. Universal suffrage was introduced in 1990, granting women the right to vote for the first time. In 2013, the Constitution was amended guaranteeing women five seats in the Fono. The Komesina o Sulufaiga(Ombudsman) Act 2013 expanded the mandate of the Komesina o Sulufaiga Act from 1989 onwards to include the National Human Rights Institution of Samoa (NHRI). The independent institution was given three main functions: good governance, human rights and a special investigation unit.

This article is part of the 36th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of Indigenous Women standing up and taking the lead in the land rights struggle of their community in Jharkhand, India. This photo was taken by Signe Leth, and is the cover of the Indigenous World 2022 where the article is featured. Find The Indigenous World 2022 in full here

Elections and conflict over transfer of power

2021 saw elections and a non-violent transfer of power, despite challenges had to be resolved through the nation’s Supreme Court. General elections were held in Samoa on 9 April 2021. Preliminary results showed a tie between the ruling Human Rights Protection Party (HRPP) and Faʻatuatua i le Atua Samoa ua Tasi (FAST), each winning 25 seats in the Legislative Assembly.^[6] However, the Samoan Electoral Commission subsequently determined that, with women comprising 9.8% of elected members, the results did not meet the constitutional provision that required at least 10% of seats be held by women.^[7] As a result, an additional female candidate was declared elected, increasing the parliament's membership to 52 and the HRPP's seat total to 26. This ruling and the procedure were contested in Samoa’s courts, ending in the Supreme Court where a decision was issued on 23 July that confirmed FAST as the winning party. The HRPP then conceded the election. This resulted in Samoa’s election of its first female prime minister, Hon Fiame Naomi Mata’afa,^[8] who has represented Samoa with a focus on the Samoan Constitution and Samoa’s responsibilities to the Pacific.

Mataʻafa became the 7^th Prime Minister of Samoa and the first woman to serve as Samoa’s O le Ao o le Malo (Head of State), second in the Pacific after the Marshall Islands. Mataʻafa also holds the traditional matai title, Fiame, after her father’s passing when she agreed to be successor to one of his chiefly titles in Lotofaga village. She has held numerous leadership positions in previous cabinets as Minister of Education, of Women and of Justice, as well as acting as the first female deputy prime minister.

Mataʻafa’s victory ended the HRPP’s 39-year rule. The defeated Prime Minister, who had served for 22 years as Head of State, declined to recognize the will of the people in the vote, creating a Samoan constitutional crisis. The HRPP government refused to convene parliament and enable a peaceful transfer of power. While the HRPP refused to concede power and created a coup environment in Apia by locking the doors of parliament, Mataʻafa and her elected parliamentarians were not able to enter Fono (Samoa’s parliament) and had to be sworn in in a tent in the garden. The HRPP leader declared the swearing-in “treason and the highest form of illegal conduct”, creating tense conditions and perpetuating a constitutional crisis in one of the first nations to declare independence in the Pacific. On 23 July, The Court of Appeal ruled the swearing-in ceremony constitutional and binding, and the months-long constitutional crisis was averted three days later when the former Prime Minister conceded.

Laaulialemalietoa Polataivao Schmidt, founder of FAST and an MP, declared: “The road we have walked has been filled with obstacles...Despite the obstacles in our pathway, this is our moment, let us move forward from here.”^[9]

3rd Cycle of Universal Periodic Review (UPR)

Samoa continued its participation and input into the third cycle of the UN Human Rights Council UPR process in 2021. Across Samoa, this process has been one of the global highlights for human rights promotion and protection, opening up channels through to document and transmit key challenges for Indigenous Peoples in the national political space. Further, the UPR process has enabled dialogues between Indigenous Peoples and the highest national government offices. Despite the ongoing challenges,^[10] the national governance structures that respect and acknowledge Indigenous Peoples’ rights have remained resilient.

Samoa appeared before the UN Human Rights Council UPR Working Group at the Palais des Nations, in the Alliance of Civilizations Room XX, in Geneva on 2 November.^[11]

To prepare for the global review, Samoa hosted a mock session the week prior on the ground in Apia, Samoa. The Office of the Ombudsman, Samoa’s National Human Rights Institution, hosted a series of capacity-building workshops for NGOs in the months prior.^[12] Civil society was also mobilized, ensuring its voice was represented in the submissions to the third cycle. As a result, the submission of stakeholder reports on a broad range of key issues was ensured. Of particular note were those focusing on LGBTQIA rights and a continued call for action and review of violence against women.

Samoa illustrated the importance of the UPR with the Prime Minister heading the national delegation. Brazil, Uzbekistan and Denmark served as the troika rapporteurs during the UPR. H.E. Fiame Naomi Mataʻafa opened the 3.5-hour review of the human rights record. Samoa saw an increase in recommendations from its second and third cycle from 129 to 143 recommendations. Samoa supported 119 of these recommendations in 2021 and noted 33 more.

Samoa increased its follow-up efforts following the recommendations from the UN human rights processes, creating a National Mechanism for Implementation, Reporting and Follow-Up (NMIRF) chaired by the Ministry of Foreign Affairs and Trade. The web-based human rights tracking tool, SADATA, is also an important instrument for implementing the recommendations of all the global human rights machinery. SADATA is Samoa’s Implementation Plan for Human Rights & Development. SADATA was launched between the two UPR cycles and is available for all Samoans to gain access to the recommendations and state of implementation regarding their Indigenous rights.^[13]

Samoa at COP26

Samoan representatives brought their expertise, experience and knowledge, centred around Moananuikea (the Pacific Ocean), to their engagement at the international level. Samoan representatives actively participated in the UNFCCC COP26 in Glasgow, including through the submission of a High-level segment statement^[14] and direct presentations and calls to action to address the impact of climate change from the newly-elected Prime Minister.^[15]

The Pacific protecting the Paris Agreement’s commitments

Samoa served as chair of the Pacific Islands Small Islands Developing States at COP26 in Glasgow, sending H.E Fatumanava Pa’o Luteru, Ambassador and Permanent Representative of the Independent State of Samoa to the United Nations, New York to represent Samoa at the global gathering.^[16]

Brianna Fruean, a climate youth activist with 350.org in the Pacific, presented at COP26. Her intervention highlighted the potential loss of sovereignty and way of life for Samoa and the people of the Pacific if the climate crisis is not addressed. Fruean, now a University of Auckland student and environmental advocate for Samoa, declared on behalf of all people of the Pacific: “We are not drowning - we are fighting.”^[17]

Fruean took on the responsibility as an ambassador for Samoan women and the Pacific region:

It felt great to be heard. The words I shared didn't just belong to me - they belong to my community, they belong to every single Pacific island. […] I think that was really important for me to tell the world leaders that they don't need my tears and my pain - and quite frankly, they don't deserve it.^[18]

Samoa’s Prime Minister Mata’afa addressed COP26 via a video statement.^[19] The Prime Minister cited priorities for the self-determination of Indigenous Peoples in the Pacific: “We must ensure that we continue to uphold the principle of environmental integrity and keep the Paris Agreement promise. This is critical when finalizing COP26 outcomes.” In her statements, and joining with Indigenous representatives from around the globe, the Prime Minister also highlighted Paris Agreement Article 6 noting: “Loss and Damage needs dedicated funding. COP26 must address the long-term and permanent consequences of insufficient climate action.”

Joshua Cooper is a lecturer at the University of Hawai’i’s Kamakakūokalani Center for Hawaiian Studies and the UH West O’ahu Political Science Department. He also teaches at the Global Leadership Academy for Human Rights Advocacy and acts as the Executive Director of Oceania Human Rights.

This article is part of the 36th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of Indigenous Women standing up and taking the lead in the land rights struggle of their community in Jharkhand, India. This photo was taken by Signe Leth, and is the cover of the Indigenous World 2022 where the article is featured. Find The Indigenous World 2022 in full here

Notes and references 

^[1] Ghai, Yash. “Reflections on Self-Determination in the South Pacific.” In Self-Determination, edited by Clark, Donald and Robert Williamson, 173-199London: Palgrave Macmillan, 1996. https://doi.org/10.1007/978-1-349-24918-3_10

^[2] Worldometer. “Countries in the world by population (2021).” 2021. https://www.worldometers.info/world-population/population-by-country/, Data produced by United Nations, Department of Economic and Social Affairs, Population Division. World Population Prospects: The 2019 Revision.

^[3] CIA, The World Factbook. “Samoa”. 25 February 2021. https://www.cia.gov/the-world-factbook/countries/samoa/#people-and-society

^[4] United Nations. “List of Member States: S”. Accessed 27 November 2020. https://www.un.org/en/member-states/#gotoS

^[5] UNPFII - United Nations Permanent Forum on Indigenous Issues. “UNITED NATIONS DECLARATION ON

THE RIGHTS OF INDIGENOUS PEOPLES.” March 2008. Accessed 3 March 2021. https://web.archive.org/web/20120120122457/http:/www.un.org/esa/socdev/unpfii/en/declaration.html

^[6] Lanuola Tusani Tupufia – Ah Tong (10 April 2021). “F.A.S.T. surprises H.R.P.P. with tie”. Samoa Observer. https://www.samoaobserver.ws/category/samoa/82196 Accessed 10 April 2021.

^[7] Aualiitia, T., Fogarty, N. and Srinivasan, P., 2021. How a gender quota law may have dashed the chances for Samoa's first female prime minister. [online] Abc.net.au. Available at: https://www.abc.net.au/news/2021-04-21/fiame-naomi-mata-afa-samoa-election-gender-quotas-parliament/100083842 [Accessed 2 February 2022].

^[8] “Former Samoa PM concedes election defeat, ends political instability”. Reuters. 26 July 2021. https://www.reuters.com/world/asia-pacific/former-samoa-pm-concedes-election-defeat-radio-new-zealand-2021-07-26/ Accessed 17 August 2021.

^[9] 88.5 WFDD. 2021. Samoan Court Clears The Way For The Nation's 1st Female Prime Minster. [online] Available at: https://www.wfdd.org/story/samoan-court-clears-way-nations-1st-female-prime-minster [Accessed 28 February 2022].

^[10] Joshua Cooper. “The Indigenous World 2021: Samoa.” International Work Group for Indigenous Affairs, 2021. https://iwgia.org/en/samoa/4247-iw-2021-samoa.html

^[11] UNOHCHR, 2021. Prime Minister heads delegation of Samoa as its human rights record is examined by Universal Periodic Review. https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=27726&LangID=E. Accessed 22 February 2022.

^[12] Fruean, A., 2021. Samoa prepares for third U.P.R. report submission. [online] Samoa Observer. Available at: https://www.samoaobserver.ws/category/samoa/84032 [Accessed 22 February 2022].

^[13] United Nations Cook Islands, Niue, Samoa and Tokelau, 2021. Samoa human rights status has progressed well, more work remains. [online] United Nations: Samoa. Available at: https://samoa.un.org/en/156805-samoa-human-rights-status-has-progressed-well-more-work-remains [Accessed 28 February 2022].

^[14] UNFCCC, 2021. Samoa - High-level Segment Statement COP 26. 03 Nov 2021. https://unfccc.int/documents/309205

^[15] NANETTEW, 2021. Samoa Prime Minister tells COP26 - “There are no tradeoffs, we are negotiating the survival of our islands.” Pacific Environment. [online] Sprep.org. Available at: https://www.sprep.org/news/samoa-prime-minister-tells-cop26-there-are-no-tradeoffs-we-are-negotiating-the-survival-of-our-islands [Accessed 1 February 2022].

^[16] Mata'afa-Tufele, T., 2021. Samoa new chair of Pacific Small Islands Developing States. [online] Samoa Observer. Available at: https://www.samoaobserver.ws/category/samoa/91390 [Accessed 28 February 2022].

^[17] NANETTEW, 2021. World Leaders told – “We are not drowning, we are fighting” | Pacific Environment. [online] Sprep.org. Available at: https://www.sprep.org/news/world-leaders-told-we-are-not-drowning-we-are-fighting [Accessed 28 February 2022].

^[18] Kelly, J., 2021. My day at COP26: 'I told world leaders: We're not drowning, we're fighting'. [online] BBC News. Available at: https://www.bbc.com/news/science-environment-59121480 [Accessed 28 February 2022].

^[19] NANETTEW, 2021. Samoa Prime Minister tells COP26 - “There are no tradeoffs, we are negotiating the survival of our islands.” Pacific Environment. [online] Sprep.org. Available at: https://www.sprep.org/news/samoa-prime-minister-tells-cop26-there-are-no-tradeoffs-we-are-negotiating-the-survival-of-our-islands [Accessed 1 February 2022].