The Constitution of the Independent State of Samoa (”the Constitution”) is the supreme law of Samoa, and provides various protections regarding each citizen’s fundamental rights. Every person in Samoa is entitled to rights, including among others, the right to life, personal liberty, freedom from inhuman treatment, freedom from forced labor, and freedom from discrimination and discriminatory legislation.
The Crimes Act regulates criminal offenses in Samoa, including provisions on infanticide, feticide, sexual crimes, and trafficking.
The Divorce and Matrimonial Causes Ordinance 1961, as consolidated in 2021, governs divorce, nullity, judicial separation, and related matters in Samoa. A marriage may be declared void for lack of consent, bigamy, or improper solemnization, and voidable for non-consummation, incapacity, venereal disease, or pregnancy by another person. A divorce requires proof that the marriage is irretrievably broken, generally after 12 months of separation, though domestic violence may justify dispensing with that requirement.
The Samoa Family Court Act 2014 ("The Act") establishes the Family Court as a division of the District Court and confers jurisdiction to hear and determine matters under key family laws, including the Infants Ordinance 1961, Family Safety Act 2013,
The Family Safety Act 2013 addresses domestic violence and related matters within domestic relationships, including current or former partners (whether legally, customarily, or religiously married), cohabitants, persons with shared children, and relatives by blood or marriage in Samoa.
The Infants Ordinance 1961 consolidates legislation concerning the guardianship, custody, adoption, protection, legitimation, and welfare of children in Samoa. It requires courts, when deciding questions of custody or upbringing, to give paramount consideration to the welfare of the child. Either parent may apply for custody, and the Court may appoint non-parent custodians if neither parent is fit.
The Samoa Labour and Employment Relations Act 2013 prohibits sex discrimination in the workplace and in the course of employment. It requires that a woman employed in the same job as a man must receive equal treatment. Part Four of the Act provides that employers must pay male and female employees equal wages for work of equal value.
The Land and Titles Act (the “Act”) governs matters relating to land and matai titles, including their bestowment. A matai (“chief”) is defined in Part 1(2) as a “person whose title has been registered under the Act”. Matai are leaders responsible for various administrative tasks and maintaining local customs. According to the Act, a person is eligible to be appointed the matai title when they are prepared to serve the community in accordance with its customs and usage.
The Marriage Ordinance Act provides the minimum age for a marriage to be lawful in Samoa. The minimum age for marriage was originally set at 18 years for men and 16 years for women, with parental or guardian consent required where the man was under 21 or the woman was under 19. In 2021, the Ordinance was amended to raise and equalize the age of marriage. The minimum age is now 18 years for both men and women. The parental or guardian consent threshold was also adjusted so that consent is required if either party is under 21 years old.
In Police v. Apelu, the defendant, a nurse, was charged with 16 counts of unlawfully performing abortions between 2000 and 2003, contrary to Section 73A of the Crimes Ordinance 1961, which criminalizes administering or causing a miscarriage. The Court emphasized that the prosecution bore the burden of proving beyond reasonable doubt that the defendant’s actions were not done “in good faith” to preserve the life or health of the woman.
