Legal Analysis on Violence against Women.

Abstract

This document has been prepared to assist Samoa to make changes to their laws and policies relating to violence against women (VAW) in order to ensure the full protection of women from all forms of violence. The recommendations it provides serve as guidelines to support efforts to provide justice, support, protection, and remedies to victims, as well as holding perpetrators accountable. It has been specifically designed for the Pacific, taking into account the particular cultural contexts, constraints and opportunities presented in Pacific countries. At the time of publication, the Samoa Family Safety Bill was passed by parliament. This analysis refers to sections of the Family Safety Bill before it was passed by parliament. This document was prepared as part of the Secretariat of the Pacific Community (SPC), Pacific Regional Rights Resource Team (RRRT) project, Changing laws, protecting women; advocating for legislative change in violence against women/family law in order to enhance protective legislation for women and girls in six Pacific Island countries, through the United Nations (UN) Trust Fund in Support of Actions to End Violence against Women managed by UN Women. The overall vision is the development of violence against women legislation that will enhance protection for women and children. We are extremely grateful for this generous support. SPC RRRT, in partnership with the Ministry of Women, Community and Social Development (MWCSD) held a consultative workshop (January 2011) to define, analyze and make recommendations to implement new laws on VAW and children. Deep gratitude is expressed to all those organizations and individuals for their active participation and valuable input. The initial draft was prepared by Imran Jalal (former Human Rights Adviser RRRT) and Amelia Dungan (Intern RRRT) and further developed by Mere Pulea. Comments were made by: Sandra Bernklau, Gina Houng Lee, Mema Motusaga, Gillian Malielegaoi and Daiana Buresova. The law in this report is expressed as at July 2012. Whilst acknowledging the contributions made by those above, the sole responsibility for the proposals made and views expressed in this report is with SPC RRRT. This report was edited by Lucy Watt and published by SPC RRRT.