CEDAW/C/WSM/CC/1-3
15 February 2005
Original: English
Committee
on the Elimination of Discrimination against Women
Thirty-second session
10-28 January 2005
Concluding
comments: Samoa
1. The Committee
considered the initial, second and third periodic reports of Samoa
(CEDAW/C/WSM/1-3) at its 679th and 680th meetings, on 24 January
2005.
Introduction
by the State party
2. In her introduction,
the representative expressed Samoa’s long-standing commitment
to the equal status of women, as reflected in its laws and traditions.
Samoa was the first Pacific island country to ratify the Convention
without reservations. The representative summarized Samoa’s
major economic and political developments and gave an update in
regard to implementation of each of the articles of the Convention.
3. Samoa’s constitutional
provision on gender equality related to article 1 of the Convention,
as it ensured equal protection under the law and prohibited discrimination
on the basis of sex. Due remedy for breach of those rights was
guaranteed and constitutional cases were frequently heard before
the Supreme Court. While women achieved suffrage in 1991 and equality
in acquiring or retaining citizenship when married to a foreigner
in 2004, the representative also identified areas where reform
was still required, especially in regard to gender-based violence,
family, employment, land and criminal law.
4. The former Ministry
of Women Affairs had been integrated into the Ministry of Women,
Community and Social Development. It coordinated gender equality
work within the Government to incorporate gender concerns into
all aspects of social affairs and policy-making, and also cooperated
with non-governmental organizations.
5. As there had been
an increase in domestic violence complaints, the Government intended
to amend the penal code to make rape in marriage an offence, to
enact domestic violence legislation and to amend the family code.
A campaign had been launched to improve police services that would
include an increase in the recruitment of women, the implementation
of gender-sensitization programmes and the creation of a data-collection
system on domestic violence cases. Courts were also dealing more
severely with cases of domestic violence and had adopted a “nodrop”
policy for such cases. Increased attention was also being paid
to trafficking in women.
6. Women’s representation
in Parliament remained low, where women held 3 of 49 seats —
although 2 of them occupied senior positions. This was due to
the fact that only chiefly title holders were eligible to run
for Parliament and, despite some improvements, a preference for
men to hold this position remained. At the same time, women were
involved at all levels of decision-making within the family, the
community, the Government and the private sector. They were represented
at the highest level in the public sector, and government women
representatives served as village focal points for communication
with government officials.
7. The representative
affirmed Samoa’s commitment to women’s social development,
citing success in education. Education was compulsory at the primary
level and, overall parity in education in terms of participation
had been achieved. The enrolment of girls until the secondary
level reflected overall population figures, while at the tertiary
level, women comprised 60 per cent of the enrolments.
8. Women were increasingly
entering the labour force, comprising 43 per cent of the formal
wage economy. Women dominated in manufacturing, as well as in
the teaching and nursing professions. In supporting women’s
economic participation, the public sector guaranteed eight weeks
of paid maternity leave and six months’ leave without pay.
Women also benefited from credit and training programmes, as the
majority of loans approved for business enterprises and commercial
activities were granted to women.
9. Turning to women’s
health, a five-year national health service plan framework was
under implementation, which focused on the delivery of health
services and which included community partnerships and mobile
clinics. Measures to increase access to medical services in rural
areas directly benefited women. While more targeted health promotion
and prevention programmes for women were under way in the area
of so-called “lifestyle” diseases, maternal health
remained a priority and progress was reflected in improved indicators.
10. Turning to the
situation of rural women, who constituted 78 per cent of the total
female population, the representative stated that in the authority
systems within the village structures, women played an important
role in decision-making at all levels. Women holders of chiefly
titles sat on village councils and participated in village administration.
Women were homemakers and small-business owners, and also held
paid employment in urban areas. They had good access to health
services, and training and education programmes were provided
through extension services by the Government, in collaboration
with non-governmental organizations and traditional village groups.
11. In closing,
the representative stressed that Samoa remained dedicated to the
successful implementation of the Convention, in the spirit of
Samoan tradition, and offered its full commitment to achieving
the equality of women.
Concluding
comments of the Committee
Introduction
12. The Committee commends
the State party for ratifying the Convention without reservations
and expresses its appreciation to the State party for its combined
initial, second and third periodic report, while regretting that
it was overdue. It expresses appreciation to the State party for
the written replies to the list of issues and questions raised
by the Committee’s pre-session working group and for the
oral presentation, which provided further clarification and elaborated
on the most recent developments in the implementation of the Convention.
13. The Committee congratulates
the State party for sending a high-level delegation headed by
the Chief Executive Officer, Ministry of Women, Community and
Social Development, and which included the Attorney-General. It
appreciates the frank, professional and constructive dialogue
that took place between the members of the Committee and the delegation
and the precise answers, which provided further insights into
the real situation of women.
14. The Committee welcomes
the State party’s consultation with women’s nongovernmental
organizations and other civil society organizations in the preparation
of the report.
Positive
aspects
15. The Committee welcomes
the establishment in 2004 of the integrated Ministry of Women,
Community and Social Development of Samoa which, through its Division
for Women, collaborates with other ministries of the Government
and nongovernmental organizations in the implementation of the
Convention. It also welcomes the approval by the Government, in
May 2004, of the selection of women’s representatives (women
liaison officers) within all villages to support the advancement
of women, particularly in rural areas.
16. The Committee commends
the State party for conducting legislative reviews and identifying
for further reform a number of areas of the law that are critical
for promotion of gender equality. It welcomes the enactment of
the Law Reform Commission Act of 2002. It welcomes the adoption
of the Citizenship Act of 2004, which now provides for equality
between women and men in conferring nationality to a foreign spouse.
17. The Committee commends
the State party on making primary education compulsory and on
the progress made in implementing article 10 of the Convention,
in regard to the education of girls and women at all levels. The
Committee also commends the State party for the very high rate
of female literacy.
18. The Committee commends
the State party for adopting temporary special measures in the
police services, where women are underrepresented.
Principal
areas of concern and recommendations
19. The Committee notes
the State party’s obligation for the systematic and continuing
implementation of all the provisions of the Convention. At the
same time, it is the Committee’s view that the concerns
and recommendations identified in the present concluding comments
require the State party’s priority attention between now
and the submission of the next periodic report. Consequently,
the Committee calls upon the State party to focus on those areas
in its implementation activities and to report on action taken
and results achieved in its next periodic report. It calls on
the State party to submit the present concluding comments to all
relevant ministries and to Parliament so as to ensure their full
implementation.
20. The Committee expresses
its concern that the legislation of the State party does not contain
a definition of discrimination against women in accordance with
article 1 of the Convention. It is also concerned that the Convention
is not directly applicable in the State party, nor is there an
adequate legislative framework in place to ensure compliance with
all the provisions of the Convention.
21. The Committee calls
upon the State party to include in the Constitution or in other
appropriate domestic legislation a definition of discrimination
against women in line with article 1 of the Convention. It also
urges the State party to take the measures necessary to ensure
that the Convention becomes fully applicable in the domestic legal
system, either through domesticating it in full or by adopting
appropriate legislation.
22. While noting that
the Government has identified several areas where legislation
inadequately protects women against discrimination, namely, in
regard to gender-based violence and in family and employment law,
the Committee is concerned that no time line or benchmarks are
in place for undertaking the legal reform efforts necessary to
bring domestic legislation into conformity with the Convention.
The Committee is also concerned that, although the Law Reform
Commission Act was passed in 2002, the office has not yet been
established for lack of resources.
23. The Committee recommends
that the State party put in place without delay a plan, with a
clear timetable and priorities, for the revision of existing discriminatory
legislation and the drafting and submission to Parliament of new
laws to promote gender equality. The Committee also recommends
the establishment of the office of the Law Reform Commission in
order to expedite the legal reform process. The Committee encourages
the Government to consult with women’s organizations in
the development and prioritization of such a legislative reform
agenda.
24. While noting the
State party’s intention to review all criminal laws within
the next two years and the courts’ adoption of a “no-drop”
policy in regard to charges of domestic violence, the Committee
is concerned that the prevalence of domestic violence needs measures
to prevent and combat various forms of violence against women.
25. The Committee recommends
that the State party put in place without delay a comprehensive
strategy to prevent and combat all forms of violence against women,
including domestic violence, which is a form of discrimination
against women and a violation of their human rights. Such a strategy
should include measures, including legislation, to prevent violence
against women, provide protection, support and rehabilitation
services to victims, and punish the offenders. In this regard,
the Committee draws attention to its general recommendation 19.
The Committee urges the State party to ensure that shelters are
available to all women victims of violence. It also calls upon
the State party to ensure that public officials, especially law
enforcement personnel, the judiciary, health-care providers and
social workers, are fully sensitized to all forms of violence
against women and are adequately trained to respond to them.
26. The Committee is
concerned about the continuing low representation of women in
public life and decision-making, including women’s limited
access to family chiefly titles (matai), and their resulting low
representation in the Parliament. It is concerned that sociocultural
stereotypes and traditions continue to prevent women from seeking
public, and especially elective, office.
27. The Committee encourages
the State party to take sustained and proactive measures to increase
the representation of women in elected and appointed bodies in
all areas of political and public life. It recommends that the
State party introduce temporary special measures, in accordance
with article 4, paragraph 1, of the Convention and the Committee’s
general recommendation 25, to increase the number of women in
the Parliament and in local government bodies. It calls upon the
State party to carry out awareness-raising campaigns on the importance
of women’s participation in public and political life and
in decision-making positions, with a view to eliminating customs
and practices that discriminate against women, in accordance with
articles 2 (f) and 5 (a) of the Convention. The Committee requests
the State party to regularly evaluate the impact of such measures,
including temporary special measures, so as to ensure that they
lead to the desired goals and to provide in its next report comprehensive
information on the results achieved.
28. The Committee is
concerned about the situation of women in the employment sector
and their lower level of participation in the labour force. The
Committee is concerned that existing legislation is discriminatory
or has significant gaps with respect to articles 11 and 13, such
as lack of provisions on equal pay for work of equal value, protection
against discrimination on the basis of pregnancy and against sexual
harassment in the workplace. The Committee is also concerned about
the extremely limited provision of paid maternity leave in the
private sector and the lack of adequate childcare services.
29. The Committee calls
upon the State party to bring its legislation into compliance
with article 11 of the Convention without delay and to ensure
compliance with such legislation. The Committee also requests
the State party to step up its efforts to address the impediments
women face in entering the labour force and to implement measures
to promote the reconciliation of family and work responsibilities
between women and men. The Committee also urges the State party
to use temporary special measures in accordance with article 4,
paragraph 1, of the Convention and general recommendation 25 so
as to enhance implementation of article 11 of the Convention.
It requests the State party to provide information about the impact
of such measures in its next report.
30. The Committee expresses
concern that complications from pregnancy and childbirth remain
one of the leading causes of morbidity for women. It is also concerned
about the rising incidence of teenage pregnancy, the limited family-planning
efforts, the low contraceptive prevalence rate and the lack of
sex education in schools, despite comprehensive access for women
to health services, including reproductive health services. The
Committee is also concerned about insufficient information provided
about the HIV/AIDS infection rates of women.
31. The Committee urges
the State party to increase its efforts to improve the provision
of sexual and reproductive health services to reduce fertility
rates and maternal morbidity. It calls upon the State party to
step up the provision of family-planning information to women
and girls and to widely promote sex education targeted at girls
and boys, with special attention to the prevention of teenage
pregnancy and the control of HIV/AIDS. It invites the State party
to provide in its next report detailed information, including
statistics and measures taken, on HIV/AIDS infection trends of
women.
32. The Committee is
concerned about the lack of statistical information in regard
to trafficking in women.
33. The Committee requests
the State party to provide in its next report comprehensive information
about trafficking in women and the exploitation of prostitution
of women, including through discouraging the demand for prostitution
and taking measures to rehabilitate and support women who want
to get out of prostitution. It encourages the State party to report
on any studies or surveys conducted, as well as on measures taken
to prevent trafficking and to assist victims.
34. The Committee is
concerned about the persistence of discriminatory provisions in
the family law, especially in regard to marriage, as well as the
persistence of traditions that discriminate against women and
girls. In particular, the Committee is concerned that the age
of consent to marriage for girls is 16 years whereas it is 18
for boys, the fault-based divorce system and the lack of legislation
on the division of marital property.
35. The Committee urges
the State party to give high priority to the planned revision
of the law governing marriage, its dissolution and family relations
so as to ensure compliance with article 16 of the Convention and
in line with the Committee’s general recommendation 23 on
marriage and family relations. The Committee also recommends that
the State party undertake awareness-raising measures to address
cultural patterns of conduct that are discriminatory against women
and girls in these areas.
36. While appreciating
that proposals submitted to the Cabinet Development Committee
must include a report on the gender implications and a gender
analysis of the proposed project, insufficient information was
provided about the attention given to the provisions of the Convention
in those assessments.
37. The Committee requests
the State party to ensure that the Convention serves as the framework
for assessing the suitability of development projects from a gender
perspective. It also requests the State party to develop adequate
capacity within the Government to undertake such assessments within
the framework of the Convention.
38. The Committee is
concerned that the strategic development plan insufficiently incorporates
the goal of the practical realization of the principle of equality
between women and men, as called for in article 2 (a) of the Convention,
especially in light of the State party’s ongoing economic
reform and trade liberalization.
39. The Committee recommends
that the State party make the promotion of gender equality an
explicit component of its next national development plan and policies,
in particular those aimed at sustainable development.
40. The Committee encourages
the State party to ratify the Optional Protocol to the Convention
and to accept, as soon as possible, the amendment to article 20,
paragraph 1, of the Convention concerning the Committee’s
meeting time.
41. The Committee requests
the State party to provide an assessment of the impact of measures
taken to enhance the de facto equality of women and to respond
to the concerns expressed in the present concluding comments in
its next periodic report submitted under article 18 of the Convention.
The Committee invites the State party to submit its fourth periodic
report, which is due in October 2005, and its fifth periodic report,
which is due in October 2009, as a combined report in 2009.
42. Taking account
of the gender dimensions of the declarations, programmes and platforms
for action adopted by relevant United Nations conferences, summits
and special sessions (such as the special session of the General
Assembly to review and appraise the implementation of the Programme
of Action of the International Conference on Population and Development
(the twenty-first special session), the special session of the
General Assembly on children (the twenty-seventh special session),
the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance and the Second World Assembly on Ageing),
the Committee requests the State party to include information
on the implementation of aspects of those documents relating to
relevant articles of the Convention in its next periodic report.
43. The Committee notes
that States’ adherence to the seven major international
human rights instruments, namely, the International Covenant on
Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights, the Convention on the Elimination
of All Forms of Racial Discrimination, the Convention on the Elimination
of All Forms of Discrimination against Women, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the Convention on the Rights of the Child and the International
Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families enhances the enjoyment by women
of their human rights and fundamental freedoms in all aspects
of life. Therefore, the Committee encourages the Government of
Samoa to consider ratifying the treaties to which it is not yet
a party, namely, the International Covenant on Economic, Social
and Cultural Rights, the International Covenant on Civil and Political
Rights, the Convention on the Elimination of All Forms of Racial
Discrimination, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the International
Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families.
44. The Committee
requests the wide dissemination in Samoa of the present concluding
comments in order to make the people of Samoa, including government
officials, politicians, parliamentarians and women’s and
human rights organizations, aware of the steps that have been
taken to ensure de jure and de facto equality for women and the
future steps required in that regard. It also requests the Government
to continue to disseminate widely, in particular to women’s
and human rights organizations, the Convention and its Optional
Protocol, the Committee’s general recommendations, the Beijing
Declaration and Platform for Action and the outcome document of
the twenty-third special session of the General Assembly, entitled
“Women 2000: gender equality, development and peace for
the twenty-first century”.
