When Village Bylaws Contradict the Rule of Law and Human Rights

Exercising village authority.

By Lagi Keresoma

APIA, SAMOA – 28 APRIL 2021: In 1992, Samoa signed the Universal Declaration of Human Rights making her one of the first countries in the Pacific to embrace the concept.

Despite being a signatory of the Declaration for years, the concept remains and perceived by many village councils and chiefs as a “western idea” where individuals’ human rights are curtailed in the interests of the village council and the chiefs in control.

This was clearly evident in the 9 April 2021 general election.

Whilst the Office of the Electoral Commissioner (OEC) issued public promotions urging voters to exercise their human rights through voting for a candidate of their choice, what happened before and after the election relayed quite the opposite.

Voters banned for exercising their rights
Before the April 2021 general election, candidates and their committees tried to influence voters which prompted the Electoral Commissioner to call on candidates to let the people decide for themselves.

Several villages removed the billboards promoting some candidates in the villages saying the installation was not approved by the village council.

After the general election, some village councils dished out penalties and banned certain individuals and their families for “voting against the village decision to support a particular candidate.”

A village in the Salega district fined a family $10,000 talā for a post on social media that supported one of the political parties. Failing to pay resulted in them been banished from the village.

One of the banned families is Tapuaī Etuale, a candidate for the Tautua Samoa party who was banned a day after the general election.

The reason was the social media comments he posted.

Another village in Upolu also banned a woman for voting for the opposition political party and the woman has lodged a legal complaint.

United Nations Tradition and Cultural Initiative
These incidents have prompted Lualua Namulauulu Tatu, a United Nations Tradition and Cultural representative to remind the Alii ma Faipule of the rule of law.

“The village bylaws and policies should be in accordance with the Government policies and there should not be any contradiction,” said Lualua.

Lualua Namulauulu Tatu,  Asaga village Mayor and United Nations Tradition and Cultural representative.

He said if the rule of law recognizes the importance of human rights, so should the village and district bylaws, and if such matters reach the Court, then the rule of law will prevail over the village bylaws.

“Human rights is a fundamental right and whilst some people may say it’s not accepted in our customs and traditions, it is however a God given right,” he emphasized.

Spotlight Initiative
Lualua is one of the longest serving village mayors of Asaga village in Savai’i and is one of the speakers and facilitators of the Spotlight Initiative/National Community Conversation Against Prevention Framework on Violence Against Women workshop in progress for 5 days at the Taumeasina resort.

When  the UN Resident Coordinator Ms. Simona Marinescu was asked how she sees the conflict between village bylaws and the rule of law, she said the Government needs to hear from civil societies where the gaps are, and this is not just on human rights but on all incidences of violence happening in Samoa..

“They do not need to agree but to continue discussion and dialoguing,” she said.

“We realised the Government has acknowledge gradually the fact that the civil society no longer have open conversation as used to be, to talk to institutions publicly and we found this conclusion quite interesting.”

Marinescu believes the Government needs to hear the voices of the civil societies in identifying where the gaps are because they are the ears and voice of the community.

“Government needs to know what the needs are because if that does not happen, then something needs to change,” she said.

The UN Resident Coordinator Ms. Simona Marinescu opening the Spotlight Initiative/National Community Conversation Against Prevention Framework on Violence Against Women.

Civil society needs to continue open discussion
Ms. Marinescu said whilst villages have their own bylaws and make collective decisions, they need to know that what governs the villages, is what should support a better life for everyone.

She said the Human Rights Shadow Report which is discussed by many civil societies with changes they want to happen, is almost completed.

“Violence still very much present in Samoa and the root causes are much deeper and there are various causes even at this time of COVID,” she said.

This initiative framework aims to fulfil relationships in families and communities, and the main objective of the initiative is for people to enjoy their lives, care for their children in peace and respect for everyone’s right in the families, said Ms. Marinescu.

“We can change behaviour in the community through policies and law, unfortunately policies and laws cannot reach everybody, so we realize the important role of the civil society organisations as the eyes and ears of the community to ensure what needs to be corrected are corrected,” she said.