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Samoa
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Samoa are found in the 2013 Crimes Act, which addresses fraudulent marriage at Article 79 with a potential penalty of imprisonment for a term not exceeding two (2) years. The 1961 Divorce and Matrimonial Act Act also addresses marriage concluded by duress or mistake or insanity at Article 9.
Consent to marriage
There appears to be no legislation in Samoa that requires consent to marriage. However, section 9(b) of the Divorce and Matrimonial Causes Ordinance 1961 recognises that the consent of a party is invalidated where the person is subjected to coercion.
Servile marriage
There appears to be no legislation in Samoa that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Samoa that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Samoa without parental consent is 19 for females and 21 for males, as set out on Article 10 of the 1961 Marriage Ordinances. However, a Magistrate may grant exemptions. The minimum age for marriage in Samoa with parental consent is 16 for females and 18 for males, as set out on Article 9 of the 1961 Marriage Ordinances. However, marriages below these minimum ages shall not be invalidated, as set out on Article of the 1961 Marriage Ordinances.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Bali Process
Legislative Provisions
CONSTITUTION 1962 (REV. 2013)
6. Right to personal liberty
(1) No person shall be deprived of his personal liberty except in accordance with law.
7. Freedom from inhuman treatment
No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
8. Freedom from forced labour
(1) No person shall be required to perform forced or compulsory labour.
(2) For the purposes of this Article, the term “forced or compulsory labour” shall not include-
(a) Any work required to be done in consequence of a sentence of a court; or
(b) Any service of a military character or, in the case of conscientious objectors, service exacted instead of compulsory military service; or
(c) Any service exacted in case of an emergency or calamity threatening the life or well-being of the community; or
(d) Any work or service which is required by Samoan custom or which forms part of normal civic obligations. Samoa Constitution
CRIMES ACT 2013
153. Terms used in this Part of the Act
In this part, unless the context otherwise requires:
“act of coercion against the person” includes:
(a) abducting the person;
(b) using force in respect of the person;
(c) harming the person; or
(d) threatening the person (expressly or by implication) with the use of force in respect of, or the harming of, the person or some other person.
“act of deception” includes fraudulent action;
154. Smuggling migrants
(1) A person is liable to imprisonment for a term not exceeding 10 years who arranges for an unauthorised migrant to enter Samoa or any other country, if the person:
(a) does so for a material benefit; and
(b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant.
(2) A person is liable to imprisonment for a term not exceeding 10 years who arranges for an unauthorised migrant to be brought to Samoa or any other country, if the person:
(a) does so for a material benefit; and
(b) either knows that the person is, or is reckless as to whether the person is, an unauthorised migrant; and
(c) either –
(i) knows that the person intends to try to enter that other country; or
(ii) is reckless as to whether the person intends to try to enter that other country.
(3) Proceedings may be brought under subsection (1) or subsection (2) even if the unauthorised migrant did not in fact enter or was not brought to the country concerned.
(4) A person is liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding 100 penalty units or to both, who knowingly facilitates the continued presence or an unauthorised person in a receiving country in order to obtain a material benefit.
155. Trafficking in people by means of coercion or deception
(1) A person is liable to imprisonment for a term not exceeding 14 years who:
(a) arranges the entry of a person into Samoa or any other country by one (1) or more acts of coercion against the person, one (1) or more acts of deception of the person, or both; or
(b) arranges, organises, or procures the reception, concealment, or harbouring in Samoa or any other country of a person, knowing that the person’s entry into Samoa or that other country was arranged by one (1) or more acts of coercion against the person, one (1) or more acts of deception of the person, or both.
(2) Proceedings may be brought under this section even if the person coerced or deceived:
(a) did not in fact enter the state concerned; or (as the case may be);
(b) was not in fact received, concealed, or harboured in the state concerned.
(3) Proceedings may be brought under this section even if parts of the process by which the person coerced or deceived was brought or came to or towards the state concerned were accomplished without an act of coercion or deception.
156. Aggravating factors
(1) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 154 or 155, a court must take into account:
(a) whether bodily harm or death (whether to or of a person in respect of whom the offence was committed or to or of any other person) occurred during the commission of the offence; or
(b) whether the offence was committed for the benefit of, at the direction of, or in association with, an organised criminal group (within the meaning of section 146); or
(c) whether a person in respect of whom the offence was committed was subjected to inhuman or degrading treatment as a result of the commission of the offence; or
(d) if during the proceedings concerned the person was convicted of the same offence in respect of two (2) or more people, the number of people in respect of whom the offence was committed.
(2) When determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 155, a court must also take into account:
(a) whether a person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of the offence;
(b) the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years;
(c) whether the person convicted committed the offence, or took actions that were part of it, for a material benefit.
(3) The examples in paragraph (a) of subsection (2) do not limit the generality of that paragraph.
(4) This section does not limit the matters that a court may take into account when determining the sentence to be imposed on, or other way of dealing with, a person convicted of an offence against section 154 or section 155.
157. Dealing in people under 18 for sexual exploitation, removal of body parts, or engagement in forced labour
(1) A person is liable to imprisonment for a term not exceeding 14 years who:
(a) sells, buys, transfers, barters, rents, hires, or in any other way enters into a dealing involving a person under the age of 18 years for the purpose of –
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the person; or
(iii) the engagement of the person in forced labour; or
(b) engages a person under the age of 18 years in forced labour; or
(c) permits a person under the age of 18 years to be engaged in forced labour; or
(d) detains, confines, imprisons, or carries away a person under the age of 18 years for the purpose of –
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the person; or
(iii) the engagement of the person in forced labour; or
(e) removes, receives, transports, imports, or brings into any place a person under the age of 18 years for the purpose of –
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the person for a material benefit; or
(iii) the engagement of the person in forced labour; or
(f) induces a person under the age of 18 years to sell, rent, or give himself or herself for the purpose of –
(i) the sexual exploitation of the person; or
(ii) the removal of body parts from the person for a material benefit; or
(iii) the engagement of the person in forced labour; or
(g) induces a person to sell, rent, or give another person (being a person who is under the age of 18 years and who is dependent on him or her or in his or her charge) for the purpose of –
(i) the sexual exploitation of the other person; or
(ii) the removal of body parts from the other person; or
(iii) the engagement of the other person in forced labour; or
(h) builds, fits out, sells, buys, transfers, rents, hires, uses, provides with personnel, navigates, or serves on board a ship, aircraft, or other vehicle for the purpose of doing an act stated in any of paragraphs (a) to (g); or
(i) agrees or offers to do an act stated in any of paragraphs (a) to (h).
(2) It is a defence to a charge under this section if the person charged proves that he or she believed on reasonable grounds that the person under the age of 18 years concerned was of or over the age of 18 years.
(3) For the purposes of subsection (1), sexual exploitation, in relation to a person, includes the following acts:
(a) the taking by any means, or transmission by any means, of still or moving images of the person engaged in explicit sexual activities (whether real or simulated);
(b) the taking by any means or transmission by any means, for a material benefit, of still or moving images of the person’s genitalia, anus, or breasts (not being an act described in subsection (4) or subsection (5));
(c) the person’s participation in a performance or display (not being an act described in subsection (4)) that –
(i) is undertaken for a material benefit; and
(ii) involves the exposure of the person’s genitalia, anus, or breasts;
(d) the person’s undertaking of an activity (such as, employment in a restaurant) that –
(i) is undertaken for a material benefit; and
(ii) involves the exposure of the person’s genitalia, anus, or breasts.
(4) For the purposes of paragraphs (b) and (c) of subsection (3), sexual exploitation, in relation to a person, does not include the recording or transmission of an artistic or cultural performance or display honestly undertaken primarily for purposes other than the exposure of body parts for the sexual gratification of viewers.
(5) For the purposes of subsection (3)(b), “sexual exploitation”, in relation to a person, does not include the taking or transmission of images of the person’s genitalia, anus, or breasts for the purpose of depicting a medical condition, or a surgical or medical technique, for the instruction or information of health professionals.
(6) For the purposes of subsection (3)(b), “sexual exploitation”, in relation to a person, does not include the taking or transmission of images of the person’s genitalia, anus, or breasts if the images are honestly intended:
(a) to provide medical or health education; or
(b) to provide information relating to medical or health matters; or
(c) to advertise a product, instrument, or service intended to be used for medical or health purposes.
(7) The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence.
(8) This section does not limit or affect the generality of section 154 and 155.Samoa Crimes Act
THE MARRIAGE ORDINANCE 1961
Note: the minimum age of marriage for males is 18 years and 16 years for females. However, a marriage officer is not permitted to marry any man under the age of 21 years or any woman under the age of 19 years without the consent of a parent or guardian. All marriages must be registered. directs that marriages are void if performed in the absence of a marriage officer and that all marriages must be registered. Any form of bigamy or polygamy is also illegal. Adultery is also a criminal offence under the Crimes Ordinance 1961. The age of consent in civil marriage is different for boys than for girls. Civil marriage is prohibited for boys below the age of 18 and for girls under 16.
CRIMES ACT 2013
- “Sexual violation” defined: (1) Sexual violation is:
(a) the act of a male who rapes a female; or
(b) the act of a person having an unlawful sexual connection with another person.
2013, No. 10 Crimes 27
(2) A male rapes a female if he has sexual intercourse with that female without her consent freely and voluntarily given.
(3) A person has unlawful sexual connection with another person if that person has sexual connection with the other person without the consent of that other person freely and voluntarily given.
(4) A person may be convicted of sexual violation in respect of sexual connection with another person, notwithstanding that those persons were married to each other at the time of that sexual connection.
59. Sexual conduct with young person under 16-(1) A person who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(2) A person who attempts to have a sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(3) A person who does an indecent act with or on a young person is liable to imprisonment for a term not exceeding seven (7) years.
(4) No person can be convicted of a charge under this section if the person was married to the young person concerned at the time of the sexual connection or indecent act concerned.
(5) In this section:
“young person” means a person who is 12 years of age or older and under the age of 16 years; and
“Doing an indecent act with or on a young person” includes indecently assaulting the young person.
PART VIII CRIME AGAINST PUBLIC WELFARE
- Feigned marriage: (1) A person is liable to imprisonment for a term not exceeding five (5) years who goes through a form of marriage with any other person, knowing that the marriage will be void for any reason other than that one of the parties is already married.
(2) However, if the judge is satisfied that the other person knew, at the time when the offence was committed, that the marriage would be void, the offender is liable to imprisonment for a term not exceeding two (2) years.
THE MARRIAGE ORDINANCE 1961
- Minimum age of marriage
A marriage officer shall not solemnise or record any marriage unless the husband is at least 18 years of age and the wife is at least 16 years of age, but no marriage shall be invalidated by a breach of the provisions of this section.
10. Consent to marriage of minors
(1) A marriage officer shall not solemnise or record the marriage of any man under the age of 21 years or of any woman under the age of 19 years without the consent of one of the parents or the guardian of such man or woman, if either of those parents or such guardian is alive and resident in Western Samoa.
(2) A [magistrate] may, in any case, if he thinks fit to do so, grant exemption from the requirements of this section.
(3) No marriage shall be invalidated by any breach of the provisions of this section.
12. Marriages without marriage officer void
If any person knowingly and wilfully marries in Western Samoa in the absence of a marriage officer, the marriage shall be void.
20. Penalty for failing to register marriage
Any marriage officer who solemnises any marriage and who neglects to register the particulars of the marriage or to forward to the Registrar-General any document required to be so forwarded by this Part of this Ordinance commits an offence and shall be liable on conviction to a fine not exceeding [$40].
30. Offence to solemnise marriage contrary to provisions of this Ordinance
Every marriage officer who knowingly and wilfully solemnises any marriage contrary to the provisions of this Ordinance, or where there is any other lawful impediment to the marriage, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years, or to a fine not exceeding [$600].
31. Offence to solemnise marriage falsely pretending to be marriage officer
Every person who falsely pretends to be a marriage officer and solemnises any marriage, knowingly and wilfully so doing, commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years.
32. Offences in connection with false statements and improper solemnisation of marriages
Every person commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding [$400], who knowingly and wilfully
(a) Makes or causes to be made any false declaration for the purposes of this Ordinance; or
(b) Makes or causes to be made, for the purpose of being inserted in any register book, a false statement of any of the particulars required to be known and registered under the provisions of this Ordinance.
33. Offences generally
(1) Every person who fails to comply with or does any act in contravention of any of the provisions of this Ordinance commits an offence.
(2) Every person who commits an offence against this ordinance for which no specific penalty is elsewhere provided shall be liable on conviction to a fine not exceeding [$20].
(3) No prosecution under this Ordinance shall be commenced after the expiration of 3 years from the date when the offence was committed.
DIVORCE AND MATRIMONIAL CAUSES ORDINANCE 1961
- Nullity of marriage
(1) A petition for nullity of marriage on any of the grounds specified in subsections (2) and (3) of this section may be presented to the Court in either of the following cases:
(a)where the petitioner or the respondent is domiciled in Samoa at the time of filing the petition;
(b)where the marriage was celebrated in Samoa.
(2) A marriage is void, whether or not a decree for nullity has been granted, where any of the following grounds exist, and in no other case:
(a)that at the time of the ceremony of marriage either party to the marriage was already married;
(b)that, whether by reason of duress or mistake or insanity or otherwise, there was at the time of the marriage an absence of consent by either party to marriage to the other party;
(c)that the marriage is declared to be void by section 7 of the Marriage Ordinance 1961; or
(d)that the marriage was not solemnised in due form.
(3) A marriage is voidable on any of the following grounds and on no other:
(a)that the marriage has not been consummated owing to the incapacity or wilful refusal of the respondent to consummate the marriage;
(b)that either party to the marriage was at the time of the marriage a mentally defective person within the meaning of the Mental Health Act 2007 although capable at that time of consenting to the marriage;
(c)that the respondent was at the time of the marriage suffering from venereal disease in a communicable form;
(d)that the respondent was at the time of the marriage pregnant by some person other than the petitioner:
PROVIDED THAT in the cases specified in paragraphs (b), (c) and (d) of this subsection the Court shall not grant a decree unless it is satisfied—
(i)that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii)that proceedings were instituted within 1 year from the date of the marriage (provided however that the Court may extend this period if it thinks fit);
(iii)that marital intercourse with the consent of the petitioner has not taken place since the discovery of the existence of the grounds for a decree;
(iv)a decree for nullity granted in respect of a voidable marriage as defined in subsection (3) of this section declares the marriage annulled on and from the date of the decree. Each such marriage is taken to be and is valid from the time of its celebration until the date of a decree annulling it as aforesaid;
(v) unless the context otherwise requires the provisions of this Ordinance and of any other Ordinance, so far as they are applicable and with any necessary modifications, shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively.