Statement by Maiava Visekota Peteru
To the Committee on the Elimination of All Forms of
Discrimination Against Women
On the Initial and Second Periodic Report of the Government of Samoa
17 January 2005

Thank you Madam Chair and expert members of the CEDAW committee. It is a privilege to speak to you today on the issues arising from the initial, first and second report by the Government of Samoa. Our three-member NGO delegation represents the voices of 23 NGOs and civil society that work with women of Samoa in a wide range of issues.

The following are areas of concern for NGOs:

1. General understanding of the definitions of discrimination.
2. Legislative reform.
3. National policy for women.
4. Violence against women
5. Temporary special measures
6. Health policies
7. The situation of rural women

Definition of Discrimination

We confirm that there are many positive aspects in Samoan culture and law that provide for equal and complementary rights of both women and men of Samoa.

On the other hand, it is the collective NGO view that the there is limited understanding of discrimination, both direct and indirect and of the difference between substantive equality and equity within the context of CEDAW.

The State report refers to the fact that: “In practice Samoan women do enjoy equality”… ..”are not conscious of gender barriers” and …”do not feel discrimination is intrinsic in the system.”

Progress in the elimination of all forms of discrimination can only be achieved by recognising that in fact, the majority of women in Samoa do experience discrimination as a result of widely held attitudes and traditional beliefs and stereotyping that amounts to violation of article 5.

General resistance to accepting the term “equality for women” together with the perception that legally and culturally, women of Samoa are equal with men, belies the fact that the majority of women are under represented in many areas.

We submit that the term “discrimination against women” in Article one of CEDAW and the obligation to eliminate discrimination defined in Article 2 are broader in scope than the provisions of our Constitution.

We submit that legislative reviews to determine discriminatory legislation and proposed legislative reform must involve wide consultation with women NGOs, legislators and other stakeholders to ensure compliance with CEDAW.

Legislative Reform

We support the recognition of the State’s 3 priority areas identified for reform: Gender based violence, Family law and Employment law. Legislative reforms in these areas must include the drafting of laws prohibiting divorce law, matrimonial property law, law against sexual harassment and the establishment of a family court or division.

The obstacles of limited resources and lack of capacity faced by the State are compounded by an apparent lack of political will to give priority to urgent legislative reform in all the areas identified by NGOs.

The continuing delay in activating the Law Reform Commission further negatively impacts the capacity of the State to attend urgently to legislative reform.

National Policy for Women

The National Policy for Women remains in abeyance, and as a consequence, the Ministry’s National Plan of Action for CEDAW is deprived of a mandate. This severely restricts all areas of reform and NGOs question the State’s commitment to its clear obligations under CEDAW .

We recommend that Government urgently expedite the process for adoption of the National Policy for women in broad consultation with stakeholders.

CEDAW Partnership

The structure, membership and terms of reference of the CEDAW partnership requires urgent and periodic review to ensure wider representation of women NGOs and civil society. Secondly, the autonomy of NGO members must be protected. Objective monitoring by NGOs is compromised by pressure to reach a consensus on issues.

Violence against Women

The efforts of NGOs and the State in promoting awareness of gender based violence have been significant. A timeline for the drafting of legislation is vital to ensure that the States committment to the objective of elimination of gender based violence is realised.

The National CEDAW plan of action must include capacity building for Parliamentarians to increase their awareness of the States’ CEDAW obligations and facilitate the urgent passage of legislation to eliminate gender based violence.

To date, the legislators and prinicpal actors within the legal system (judiciary, lawyers and Police) generally remain unaware of the importance of adopting a “no drop” policy in a social environment that traditionally promotes consensus and reconciliation. Too often, the failure to prosecute a perpetrator of violence produces further violence.

The print and audio-visual media is playing an increasingly supportive role in raising awareness of gender based violence and CEDAW. Efforts should be directed at further sensitisation of media personnel on gender issues to ensure constructive advocacy as opposed to reports that merely sensationalise the issues.

The lack of quality supportive systems and services available, especially in remote and isolated villages, intensifies the situation of women who experience acts of violence.

I will now ask my colleague to continue our presentation.

Thank you.

This page was last updated on April 20, 2005

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