Treaty of Friendship by name only says former High Commissioner

By Lagi Keresoma/

Apia, SAMOA – 23 May 2024 – Samoa’s former High Commissioner to New Zealand, Fe’esago George Fepulea’i says that the Treaty of Friendship between Samoa and New Zealand is by name only. But lacks substance as in a true friendship.

“E le o se faiga uo moni,” said Fe’esago.

The former diplomat was speaking at yesterday’s public forum for the Mau a Samoa Sitiseni 2024 held at the Tu’utu’uileloloto hall where he also urged Samoans to support the Bill.

Fe’esago served as High Commissioner in 1982 at the time New Zealand enacted the Citizenship Western Samoa Act 1982 that implemented the provisions of the Protocol that stripped the rights of Samoans to New Zealand citizenship pursuant to the decision of the Privy Council of 28 July 1982.

Fe’esago told the forum that it was during that time that the true colour of some of New Zealand people became clear; the racism, the strong words echoed in the letters sent to the Samoan Government then.

“That was the basis of establishing the 1982 Citizenship Act,” said Fe’esago.

The Mau a Samoa Sitiseni 2024 is in support of the Members Bill tabled by the Green List MP and spokesperson for Pacific Peoples, Teanau Tuiono that seeks to Restore Samoans Citizenship removed by the Citizenship (Western Samoa) Act 1982.

The Bill passed its first reading on 10 April 2024 and is now with a parliamentary select committee hence the push for more Samoans support through submissions and the petition to be presented to the Committee.

Fe’esago told the forum that this is a second chance for Samoans to speak up and support the Bill which is now before the New Zealand’s parliamentary Committee.

“Do not think about immigration issues as that will come later but prioritise the Bill and the petition,” he said.

Signing the petition.

Free Travel between Samoa and New Zealand?
Back on the existing Treaty of Friendship between Samoa and New Zealand, Fe’esago said that treaty should be an open one where both countries open their doors to each other to travel freely without visas. Yet, whilst New Zealanders enjoy travel to Samoa freely, Samoans struggle to apply for visa to enter New Zealand.

With visa applications now done online, it is even more difficult and costly for the Samoan people who find it hard to get entry for important family events such as the funeral of a close family relative.

Fe’esago who had a long career in the public service, was a senior government official who was hugely involved in the critical process as Samoa was preparing for independence from New Zealand in 1962.

He told the public forum that Samoa signed the Treaty of Friendship with New Zealand in 1962 to satisfy the United Nations requirements or Samoa would not have obtained its independence and those were difficult times for the Samoan leaders as they faced numerous challenges for a new nation.

10,000 signatures needed
Committee member Aupito William Sio said they need to submit as many signatures to support their submission before the Parliamentary Committee next Friday 31 May 2024.

They have already secured 60,000 signatures from supporters in New Zealand and around the world but are hoping to get at least 10,000 from Samoa.

The public forum at the Tu’utu’uileloloto Hall.

The former Minister for Pacific Peoples under the last Labour Government, Aupito said they are confident with their submission especially after the leader of the New Zealand First Party who is also the Deputy Prime Minister, Winston Peters lend his support.

After the Committees presentation, a chance was given to the public to ask questions and whilst there were a few questions, the majority that took the floor either congratulated the Committee or gave advice.

They commended the Committee for the initiative to travel to Samoa to explain and get the support from people residing in Samoa.

They were also suggested to handover copies of the petitions to District Councils to give to members of their districts to sign.

Restoring citizenship removed by the 1982 Citizenship Act
The New Zealand Government deported a Samoan woman Falema’i Lesa, however, counsels George Barton and George Rosenberg took Lesa’s case to the Privy Council.

On 28 July 1982, the Privy Council ruled in favour of Lesa citing that she was a New Zealand citizen under the NZ Citizenship Act 1977 being a British born subject under the British Nationality and New Citizenship Act 1948, and their descendants were also New Zealand citizens.

“This means that every Samoan born in Western Samoa on or after 13 May 1924 and before 1 January 1949 were New Zealand citizens.”

Mau a Samoa Sitiseni 2024 Executive members Tofilau Nina Alai and Anae Lima Arthur Anae with local supporters at the forum.

New Zealand Government response  
Out of concern that the Privy Council’s decision could see a multitude of Samoans migrating to New Zealand, the Government took immediate actions against the decision.

Using the Treaty of Friendship, New Zealand initiated talks with the Samoan Government resulting in the Protocol to the Treaty of Friendship. The protocol was hurriedly signed in less than four weeks after the Privy Councils decision and its provisions removed the rights of Samoans to NZ citizenship the decision provided.

The protocol was enacted by the Citizenship Western Samoa Act 1982 passed by the New Zealand parliament in less than eight weeks after the privy councils decision.

The Mau Committee’s position
According to the Committee, the cut-off date for citizenship by descent for those born on or after 1 January 1949 is 1 January 1962.

“The Mau support the Bill to restore citizenship and second we will use the opportunity to advice that the two Governments utilize the provisions of the Treaty of Friendship and its protocol to engage in concrete and effective consultations on the quota system and other immigration issues,” said the Committee.

The Mau Committee encourages individuals and organisations and groups to support the Bill and sign either the online or printed petition before 31 May.