Experts of the Committee on the Rights of Persons with Disabilities Commend Samoa’s Disability Rights Policy Framework, Ask About Accessibility Issues and the Inclusion of Persons with Disabilities in Disaster Governance
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the initial report of Samoa on its implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts commended the State’s policy framework on disability rights, while asking questions on accessibility issues in the State and the inclusion of persons with disabilities in disaster governance.
Hiroshi Tamon, Committee Expert and Member of the Country Taskforce for Samoa, welcomed that Samoa had established a framework to advance the rights of persons with disabilities, including the national plan for persons with disabilities, the national action plan for the employment of persons with disabilities, and the Samoa disability partnership programme.
Gerel Dondovdorj, Committee Expert and Member of the Country Taskforce for Samoa, said Samoa’s Building Code included accessibility features, but implementation was very weak. There was no public transportation that was accessible to persons with disabilities, including wheelchair users. What measures had the State party taken to ensure that accessibility-related issues were fully legislated in line with the Convention?
Noting the threats posed to Samoa by climate change, Mr. Tamon said the participation of persons with disabilities in country and community level disaster governance was limited, and early warning systems and evacuation facilities remained largely inaccessible. What measures had been taken to develop accessible early warning systems, evacuation centres, and shelters?
Nella Tavita-Levy, Permanent Representative of Samoa to the United Nations Office at Geneva and head of the delegation, said Samoa’s report was a testament to the State’s ongoing journey of transformation. Samoa had undertaken sustained efforts to ensure that persons with disabilities were active participants and leaders within communities. The State was committed to fostering an environment where empowerment, accessibility and opportunity were realities for all.
Ms. Tavita-Levy said physical accessibility remained one of Samoa’s greatest challenges, but change was underway. Revising the National Building Code was a priority, with the aim of making universal design a standard requirement. The State was also working to ensure that digital platforms were accessible.
The delegation added that Samoa was considering introducing accessibility features in public transportation. However, this was expensive, and the State had limited capacity. It ensured that ramps were installed when evaluating public tenures; ramps had been installed in court houses, new buildings opened by the Ministry of Agriculture and Fisheries, and many churches.
The Samoa climate change policy 2020 to 2030 was developed in consultation with vulnerable groups, including persons with disabilities, the delegation said. The disaster and emergency act 2007 empowered police to give necessary directions to any at-risk persons and to prevent them from entering dangerous areas. The State conducted wide consultations that included organizations of persons with disabilities on all national policies.
In concluding remarks, Ms. Tavita-Levy said the dialogue had provided Samoa with the opportunity to reflect on progress and identify areas where further action was needed. The insights shared would shape ongoing efforts, including the development of a standalone disability bill and the expansion of support programmes for persons with disabilities. The State looked forward to continuing to work with the Committee to advance the rights of persons with disabilities.
Magino Corporán Lorenzo, Committee Expert and Member of the Country Taskforce for Samoa, said in his concluding remarks that the State party needed to accelerate harmonisation of the legal framework with the Convention, strengthen civil society, improve statistical registers, and overcome paradigms that inhibited the rights of persons with disabilities. Without accessibility, there could be no rights.
Miyeon Kim, Committee Chair, said in closing remarks that the dialogue had provided insight into the situation of persons with disabilities in Samoa. The Committee commended the State party for its efforts and encouraged it to take all necessary measures to implement the Committee’s concluding observations for the benefit of all persons with disabilities in the country.
The delegation of Samoa consisted of representatives of the Ministry of Women, Community and Social Development; Ministry of Foreign Affairs and Trade; Samoa Law Reform Commission; Ministry of Education and Culture; Ministry of Commerce, Industry and Labour; Office of the Attorney General; Ministry of Health; Ministry of Justice and Courts Administration; Ministry of Finance; Ministry of the Prime Minister and Cabinet; Samoa Bureau of Statistics; Office of the Clerk of the Legislative Assembly; Public Service Commission; Embassy of Samoa to Belgium; and the Permanent Mission of Samoa to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Samoa at the end of its thirty-fourth session, which concludes on 26 March. The programme of work and other documents related to the session can be found here. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.
The Committee will next meet in public on Monday, 16 March at 10 a.m. to begin its examination of the initial report of the Marshall Islands (CRPD/C/MHL/1).
Report
The Committee has before it the initial report of Samoa (CRPD/C/WSM/1).
Presentation of Report
NELLA TAVITA-LEVY, Permanent Representative of Samoa to the United Nations Office at Geneva and head of the delegation, said Samoa’s report was a testament to the State’s ongoing journey of transformation, a journey that reflected its commitment to ensure all persons with disabilities were not left behind. Samoa had undertaken sustained efforts to ensure that persons with disabilities were not only recipients of care, but active participants and leaders within communities. The State was committed to fostering an environment where empowerment, accessibility and opportunity were realities for all.
Disability rights were deeply rooted in the Samoan way of life, which placed strong emphasis on protecting and caring for the most vulnerable members of society. Following a comprehensive legislative compliance review in 2015, Samoa committed to developing a standalone disability bill. This legislation would form the foundation of efforts to fully domesticate the Convention and ensure that national laws were aligned with international standards.
For many years, disability in Samoa was viewed mainly through a medical lens, with policies focused on what a person could not do. However, the State had adopted the Washington Group Extended Set of Questions in the 2016 census and in the 2018 disability monograph. According to the data collected, approximately 7.1 per cent of the population lived with “at least some difficulty” in functioning. This data served as a guide for the implementation of the national policy on persons with disabilities 2021–2031. One of the most significant achievements since the ratification of the Convention was the launch of the disability benefit scheme in 2021. Through this scheme, the Government provided a monthly cash transfer to registered persons with disabilities.
In the employment sector, the labour and employment relations act 2013 prohibited discrimination based on gender and disability. The State was working closely with the private sector to encourage the employment of persons with disabilities, recognising their abilities and the valuable contributions.
Within the education sector, every Samoan child had a fundamental right to education, school facilities and learning resources. The inclusive education policy, Aoga Sauo’o, aimed to bridge the gap between special and mainstream education. The State was investing in teacher training and developing individual education plans so that children with disabilities were not marginalised.
In the health sector, Samoa had established the Mobility Device Services Unit, which not only provided wheelchairs but also the means for social participation. During the COVID-19 pandemic, sign language interpretation was prioritised for all national broadcasts to ensure that the deaf community had equal access to vital information.
Physical accessibility remained one of the State’s greatest challenges. Many public buildings and transport systems were designed without the needs of persons with disabilities in mind. However, change was underway. Revising the National Building Code was a priority, with the aim of making universal design a standard requirement rather than an afterthought. The State was also working to ensure that digital platforms were accessible.
Civil society and non-governmental organizations, in close partnership with the Government, had made significant progress in providing greater opportunities for persons with disabilities. Samoa worked closely with organizations of persons with disabilities, most notably Nuanua o le Alofa, which held a seat on the Human Rights Advisory Council and played an important role in monitoring the State’s progress. Collaborative efforts with international partners had also allowed the State to expand programmes and initiatives.
Challenges remained - stigma and discrimination still existed in parts of society and resource constraints often limited the pace at which plans could be implemented. Nevertheless, the State’s resolve was firm. The national strategy, the pathway for the development of Samoa, recognised the rights of persons with disabilities as an important measure of national progress. The State party was committed to enacting the standalone disability bill, expanding the reach of the disability benefit scheme, strengthening the capacity of the national human rights institution to monitor the implementation of the Convention, and ensuring that climate change adaptation and disaster risk management were fully disability inclusive.
Samoa reaffirmed its strong commitment to upholding the principles and obligations of the Convention. Its goal was to build a nation where every person could reach their fullest potential, where inclusion was not only reflected in policy but experienced in everyday life. The dialogue would contribute to the betterment of Samoa’s progress towards the full realisation of the rights of persons with disability.
Questions by Committee Experts
HIROSHI TAMON, Committee Expert and Member of the Country Taskforce for Samoa, said that Samoa was a nation of beautiful South Pacific islands with a warm and welcoming community. However, the State was confronted by the threats of climate change and economic constraints, which presented unique challenges in respecting and fulfilling human rights. Mr. Tamon welcomed that Samoa had established a framework to advance the rights of persons with disabilities, including the national plan for persons with disabilities, the national action plan for the employment of persons with disabilities, and the Samoa disability partnership programme. The Committee would inquire about the effectiveness of these measures and seek to identify opportunities for greater implementation of the Convention.
GEREL DONDOVDORJ, Committee Expert and Member of the Country Taskforce for Samoa, said that the stand-alone disability bill had not yet been adopted, and a report on the 2015 legislative review was not yet publicly available. Why was this? Did the State party have a clear plan to implement the recommendations that arose from this analysis? Article 15 of the Constitution addressed freedom from discriminatory legislation and prohibited discrimination on several grounds, but not on the grounds of disability. There was derogatory terminology in the Constitution related to disability, including the phrase “persons of unsound mind”. Were there plans to revise the Constitution to address these issues? Many concepts in the Convention, including reasonable accommodation and equal recognition, were not included in national legislation. Was there a timetable for aligning national legislation with the Convention?
Organizations of persons with disabilities had increasingly engaged with the Government recently, but their engagement was not systematic. Hearing impaired persons could not attend meetings with the Government due to a lack of reasonable accommodation. What measures were in place to develop a systematic mechanism for including organizations of persons with disabilities and implementing reasonable accommodation to support their participation? Several laws contained a medically oriented definition of disability. Would the State adopt a human rights-based definition?
Responses by the Delegation
The delegation said the stand-alone disability bill was a recommendation from the legislative compliance review. Samoa had a committee that was working to develop the stand-alone bill. Work on this had stalled because of resource constraints, but the new Government would treat work on this bill as a priority. The national disability policy helped to address implementation work required under the Convention and identified priority outcomes.
There was no specific disability legislation yet, but other legislation provided protection, including the Constitution, which prohibited discrimination based on several grounds and stated that all persons were equal before the law. Terminology within the Constitution such as “socially or educationally retarded” and “persons not of sound mind” would be addressed as part of an upcoming nationwide cross-referencing process, which would remove terms that were not aligned with the Convention from legislation.
Registration for disability benefits required a doctor’s assessment. Persons with disabilities were assessed based on the human rights approach, with some persons receiving support for social inclusion and independent living. Persons with disabilities participated in national committees and policy processes, and their voices were shaping anti-discrimination efforts.
Questions by Committee Experts
GEREL DONDOVDORJ, Committee Expert and Member of the Country Taskforce for Samoa, said the labour employment act prohibited discrimination against persons with disabilities, but no other laws specifically addressed this. What measures were in place to amend existing legislation to ensure persons with disabilities were free from discrimination and to recognise denial of reasonable accommodation as a form of discrimination? What complaints mechanisms were available for persons with disabilities and were they accessible? What remedies had persons with disabilities received?
Village councils played a key role in implementing legislation in Samoa, but they had reportedly issued some discriminatory decisions against persons with disabilities. How would the State party protect persons with disabilities from exclusion, discrimination, and arbitrary or customary sanctions within community governments?
Women with disabilities experienced multiple and intersectional discrimination that limited their autonomy and access to necessary services, including sexual and reproductive health services. The teenage pregnancy rate for girls with disability was much higher than for other girls. How did the State party support women and girls with disabilities to access necessary services and participate in social life and decision making in matters affecting them? How was it making sexual and reproductive health services more accessible for girls with disabilities?
Child protection policies did not sufficiently consider the needs of children with disabilities, and there was a lack of age-appropriate support services for such children. There was also stigma towards children with psychosocial disabilities that hindered their participation in social life. What measures were in place to ensure that children with disabilities received targeted and age-appropriate services and were protected from rights violations in home and school environments? How were these children involved in decision making on matters related to them?
Ms. Dondovdorj welcomed that the State’s disability policy addressed awareness raising on disability as a priority area. However, persons with psychosocial disabilities faced significant barriers due to stigma and a lack of awareness raising about their rights. Families often segregated persons with disabilities from social life and there was a lack of funding for non-governmental organizations to carry out awareness raising on disability. What measures were in place to train judicial officials and healthcare workers on disability rights? What awareness raising campaigns on disability rights targeted families? Were there media campaigns that promoted the human rights approach to disability?
The Building Code included accessibility features, but implementation was very weak. There was no public transportation that was accessible to persons with disabilities, including wheelchair users. What measures had the State party taken to ensure that accessibility-related issues were fully legislated in line with the Convention? How did the State party ensure that entities that did not comply with accessibility legislation were sanctioned? How was accessibility ensured in public procurement processes and to what extent were persons with disabilities involved in monitoring and assessment of accessibility issues?
In some development projects funded through international aid, the needs of persons with disabilities were not considered in the planning stage. What mechanisms were in place to ensure that all development projects were disability inclusive and that persons with disabilities were meaningfully involved in their development and monitoring? To what extent did the State party implement the Jakarta Declaration?
Responses by the Delegation
The delegation said the national human rights institution could receive complaints from all members of the public. The labour act, family safety laws, and the crimes act had inbuilt mechanisms that allowed persons with disabilities to submit complaints and receive reparations. Persons with disabilities could report discriminatory decisions made at community councils to the police or a non-governmental organization working on victim support, which provided 24/7 support and shelter for victims of discrimination.
There were awareness raising campaigns aimed at reducing stigma against women and girls with disabilities, and mechanisms were in place to support their participation in decision making.
The Ministry of Health and the Samoan Family Health Safety Association provided sexual and reproductive health programmes, including an education programme on family planning. Dignity kits were provided to women and girls with disabilities, who could also access sexual and reproductive health counselling services.
Children with disabilities were addressed in the State’s childcare protection policies and the draft childcare protection bill. The State provided support for children with disabilities through the disability allowance and the district development programme fund, which included funds for supporting children with disabilities to access assistive devices and support services. Families with children with disabilities also received support through the inclusive education fund, community-based support services, outreach programmes and home services.
The Ministry of Health was providing targeted support for persons with psychosocial disabilities and their families through programmes carried out in collaboration with the Ministry of Women.
The Building Code included provisions on accessibility, and the State party was considering introducing accessibility features in public transportation. However, this was expensive, and the State had limited capacity in this regard. It ensured that ramps were installed when evaluating public tenures. Ramps had been installed in court houses and new buildings opened by the Ministry of Agriculture and Fisheries.
Non-governmental organizations participated in Government taskforces to ensure that the voices of persons with disabilities were heard. Several international donors considered disability as part of their work and included persons with disabilities in development projects. Samoa did not currently implement the Jakarta Declaration but implemented several declarations and agreements related to disability issues by Pacific fora.
Questions by Committee Experts
Committee Experts asked follow-up questions on whether it was more expensive to import accessible vehicles into Samoa than non-accessible vehicles; the percentage of international aid that was earmarked for projects on disability and general projects that included persons with disabilities; indicators that had been developed to ensure that international aid programmes were inclusive of persons with disabilities; and the appointment process for representatives of organizations of persons with disabilities on the Advisory Council for the National Human Rights Institution.
Other issues raised included examples of court cases that had referenced the Convention; measures to promote the implementation of the Convention by the judiciary; how the State party allocated resources for implementing the Convention; efforts to make buildings more accessible and sanctions for entities that did not comply with accessibility requirements; measures to mainstream disability rights across all ministries, agendas and policies; measures to ensure that community councils implemented the Convention; and efforts to support access to mainstream schools for children with intellectual and psychosocial disabilities and train principals and teachers on accommodating these children in the education system.
Responses by the Delegation
The delegation said Samoa did not have on-site manufacturing of vehicles, so all types of vehicles needed to be imported. Buses with accessibility features had higher costs. Local buses were modified with wooden seating and did not have ramps for wheelchair users. A new market building that would be opened soon had ramps and there were many churches that also had ramps. All contractors needed to comply with accessibility requirements in the Building Code.
The State party was engaging with international parties to promote the rights of persons with disabilities. The Government of Australia had been a substantial partner in the Samoa disability programme; it provided direct budgeting support for the Ministry of Women, which handled disability issues. Samoa also worked with the Pacific Disability Forum and United Nations entities on several projects related to disability. Some 20 per cent of the district development fund was earmarked for support for persons with disabilities.
The State’s courts had not directly invoked the provisions of the Convention, as Samoa had not yet fully harmonised State legislation with the Convention. Judges tended to rely on common law and constitutional rights rather than directly invoking international treaties.
In some cases, schools were forced to reject enrolment applications from children with disabilities because they were not equipped to respond to the needs of these students. However, there were schools with disability experts who could accommodate students who had been rejected by other schools. Children whose needs could not be responded to were referred to central education services. Inclusive education was recognised in Samoa and children with disabilities had been included in some mainstream schools. The National University of Samoa had courses training teachers of children with disabilities.
Questions by Committee Experts
HIROSHI TAMON, Committee Expert and Member of the Country Taskforce for Samoa, asked for disability disaggregated data pertaining to suicide and mental health. What measures were in place to support access to psychosocial support?
Participation and representation of persons with disabilities and their representative organizations in country and community level disaster governance was limited, and early warning systems and evacuation facilities remained largely inaccessible. How would the State promote the participation of persons with disabilities and their representative organizations in disaster preparedness and risk reduction bodies? What measures had been taken to develop accessible early warning systems, evacuation centres and shelters?
The mental health act 2007 permitted a person to be declared mentally incapacitated and in need of compulsory treatment, and the evidence act 2015 allowed a person to be deemed unfit to serve as a witness. What measures had the State party taken to review these laws and other legislation to recognise the full legal capacity of persons with disabilities? What measures had been taken to involve persons with disabilities in the development of supported decision-making mechanisms?
The Constitution guaranteed a fair trial for all people in Samoa. However, justice systems remained largely inaccessible for many persons with disabilities. It was reported that most deaf persons who interacted with the police in rural areas were not provided with a sign language interpreter. What measures had been taken to ensure the accessibility of judicial systems for persons with disabilities? Had the State allocated funding for disability-specific justice support services, including sign language interpreters, advocates, support persons and accessible information? What measures had been taken to ensure comprehensive training for police and justice sector personnel on the rights of persons with disabilities?
No legislation in Samoa explicitly protected the liberty and security of persons with disabilities. What system was established to monitor the efforts of prisons and detention centres to protect the rights of persons with disabilities? Was there independent monitoring? Could the delegation provide information on involuntary institutionalisation and detention in psychiatric facilities? How was the State preventing informal deprivation of liberty by families and communities, including confinement in cages or locked rooms?
The crimes act of 2013 and the family safety acts of 2013 and 2019 did not explicitly recognise persons with disabilities as a high-risk group. Women with disabilities in Samoa experienced disproportionately high levels of violence. What measures were being taken to ensure accessible, confidential reporting mechanisms, and to provide disability-sensitive protection and redress? How did the State ensure that all gender-based violence prevention and response programmes were fully disability-inclusive and adequately resourced?
The mental health act permitted involuntary assessment and treatment based on impairment-related criteria. What measures had the State party taken to review and amend this act? Did the State provide reasonable accommodation for all medical services based on free, prior and informed consent? How did the State party prevent pressure from families and communities on persons with disabilities to undergo forced abortions or other unwanted medical interventions?
Responses by the Delegation
The delegation said work was being done with non-governmental organizations to raise awareness on suicide prevention. The Mental Health Unit of the Ministry of Health was providing training and community services related to mental health. Samoa’s mental health act regulated psychiatric treatment and involuntary institutionalisation, which applied to persons who required treatment for their own protection and persons who were unwilling to receive treatment voluntarily. Police could be involved in transporting persons for assessment and treatment when necessary.
The State party was currently reviewing its mental health policy and the mental health act in consultation with key stakeholders, particularly regarding rights-based supported decision making. The Ministry of Health had a complaints mechanism and had established requirements regarding free, prior and informed consent. Abortions were not permitted under Samoan law.
The Samoa climate change policy 2020 to 2030 was developed in consultation with vulnerable groups, including persons with disabilities. The disaster and emergency act 2007 empowered police to give necessary directions to any at-risk persons and to prevent them from entering dangerous areas. The State conducted wide consultations that included organizations of persons with disabilities on all national policies.
The State party provided reasonable accommodation in the justice system, including sign language interpreters and plain language communication when requested. These services were provided on request as there were no trained personnel ready to provide specific services in some areas. The police and judicial personnel underwent training on disability rights and legal aid services were extended to persons with disabilities. Courts could hear video testimony from victims who were unable to travel to court.
Inmates with disabilities in prisons were isolated in separate cells and underwent rehabilitative programmes. The national human rights institution could access prisons and receive complaints from detainees, and civil society organizations could also access prisons on request for rehabilitation purposes. Judges also conducted on-site visits of prisons.
District councils conducted training programmes that addressed the rights of persons with disabilities and discouraged their segregation in the community.
The crimes act did not specifically refer to crimes against persons with disabilities. However, police were required to receive complaints of domestic violence from any person without discrimination and provide timely assistance. The Ministry of Women had a disability inclusive gender-based violence service that provided training to village representatives to identify and support victims of violence. The Samoan Family Health Association provided shelters for victims of violence and counselling services. Communities worked with the State to identify cases of violence.
Questions by Committee Experts
HIROSHI TAMON, Committee Expert and Member of the Country Taskforce for Samoa, said the registration rate of children with disabilities was low, and this was compounded in rural areas by barriers to accessing civil registration services. What reasonable accommodation measures were in place to support birth registration? There appeared to be de facto exclusion of persons with disabilities from overseas labour mobility schemes. What measures were in place to remove barriers to their participation in these schemes?
What measures were in place to develop a housing programme for persons with disabilities and to ensure that community services supported persons with autism? The national mobile health service was concentrated in the capital, and persons in rural areas had minimal access to mobility devices. How was the State party ensuring that mobility devices were widely available, including in rural areas? Was the State party planning to use public funds to reduce the cost of mobility devices, or to remove the import tax on them?
A Committee Expert asked about measures taken to respond to violence based on disability, including violence facilitated by technology, which was increasing across the country. How would mechanisms to prevent violence be made accessible?
Another Committee Expert said that Samoa was particularly vulnerable to climate change. What measures were in place to ensure that persons with disabilities, especially deaf persons, were protected during, after and before natural disasters? Were shelters accessible?
GEREL DONDOVDORJ, Committee Expert and Member of the Country Taskforce for Samoa, asked about training for persons with disabilities on reporting violations of their rights. What measures were in place to ensure that justice systems were inclusive for persons with disabilities?
Responses by the Delegation
The delegation said village representatives were responsible for registering all births, including births of persons with disabilities. Eligibility criteria for labour mobility schemes were set by overseas employers and the State had little influence over these criteria. Most of the jobs in these schemes had physical ability requirements as they were labour intensive.
The Samoa Housing Corporation was working to provide affordable housing for those who met eligibility criteria. It was unclear whether disability was one of the criteria that it considered. There was also a civil society organization that provided free housing. The district housing programme could consider whether supporting persons with disabilities to access housing was feasible.
The State party was working to decentralise mobile health services so persons in rural areas could receive referrals from local health centres to the main hospital. Non-governmental organizations provided assistive devices at the hospital free of charge. The State had established a rehabilitation service division within the Ministry of Health, which also provided mobility devices at reduced costs.
Village councils, churches and faith-based organizations worked to mediate conflicts, support families and minimise violence, including against persons with disabilities. The State had set up a national cyber security strategy that lasted until 2021; it was currently discussing renewal of the strategy and would consider the protection of persons with disabilities in this process.
The State party was working to ensure that all members of the population, including persons with disabilities, were adequately forewarned of natural disasters through accessible warnings. The State was also considering adding provisions on preventing risk to persons with disabilities in disaster situations in the proposed disability bill. The community disaster and climate risk action plan included simulation exercises for disasters that included persons with disabilities. Safe evacuation zones had been delineated; these were all equipped with first aid kits and necessary provisions for persons with disabilities.
Questions by Committee Experts
MAGINO CORPORÁN LORENZO, Committee Expert and Member of the Country Taskforce for Samoa, said the Committee was concerned about the low rate of recognition of Samoan deaf culture. Would the State party promote Samoan sign language, prepare a Samoan sign language dictionary, certify sign language interpreters, and provide training in sign language for hearing impaired persons? Did Samoa encourage the Association of Sign Language Interpreters in Samoa to promote its code of ethics and prevent communication from being manipulated by interpreters?
Was there a plan to support the transition from special to inclusive education? Did teacher training cover inclusive education? Was there a register of the number of children with disabilities in inclusive schools? Did schools that were being refurbished have accessibility criteria?
The Committee was concerned about the reported lack of access to health services and the low level of awareness of disability issues among health care workers. What was the budget for public health? To what extent could persons with disabilities access rehabilitation in their communities?
Deep-sea fishers had a high level of injuries. Were measures being considered to make work safer for these fishers? How did the State promote the production and sale of artisanal products produced by persons with disabilities and promote their employment? Were there programmes to reduce poverty among persons with disabilities? How were they supported to access pensions?
Was there a high level of political and public participation by persons with disabilities in Samoa? How many politicians and members of the civil service had disabilities? Were there measures to support access to voting for persons with disabilities?
Had Samoa developed accessible tourism strategies? Did persons with disabilities take part in the tourism sector and leisure programmes? What adapted sports programmes were in place?
Responses by the Delegation
The delegation said the State party had launched a sign language dictionary in English. There was no sign language dictionary in Samoan yet; the first print Samoan dictionary was launched two years ago, but the State did not yet have the capacity to develop a sign language version. However, the State had trained sign language interpreters and conducted awareness raising campaigns on sign language. Sign language was included in all the Prime Minister’s daily briefings during the COVID-19 pandemic, and Government ministers now regularly used sign language for public announcements. The State would liaise with sign language interpreters to ensure that interpreters upheld their code of ethics.
Samoa was working to improve the accessibility of public information. Major Government reports had been translated into Braille and a television programme with sign language interpretation was being aired.
Families needed to register all their children to receive social benefits. This system encouraged families to register children with disabilities. The compulsory education act promoted inclusive education. Schools were required to cater for the needs of children with disabilities; if they could not do so, such children were encouraged to move to special needs schools. There were limitations in schools’ capacity to deliver inclusive education. The State provided training to teachers to deliver inclusive education. Out of the six buildings constructed last year, only one had ramps, due to a lack of funds. The State called on donor partners to assist it in making school buildings accessible.
The State party was working to improve access to health services for all people, including persons with disabilities. Most of the Ministry of Health’s budget was geared towards public health services. The Ministry had restored its rehabilitation and clinical support division, which operated mobile clinics and supported rural health facilities to ensure access to community-based services and rehabilitation. Mobility devices were exempted from import duties.
Artisanal fishing was a traditional pastime. There were awareness programmes and safety guidelines on the practice, but it was difficult to police these activities, as they were conducted in the early hours of the morning. The Ministry of Agriculture and Fisheries worked with the local association of fishermen, focusing on ensuring their safety.
The Public Services Commission had developed a workplace code of ethics to ensure that persons with disabilities were not discriminated against in employment. The new Samoan employment policy attempted to align labour policy with international standards and to clarify the terms of employment of persons with disabilities.
The disability benefit was paid as social protection to persons with disabilities. The Government also heavily subsidised the costs of health services and medicines and had made a large investment in the housing programme for vulnerable persons.
There were two Government ministers with disabilities. Parliament infrastructure had been prepared to accommodate persons with disabilities and there were places for persons with disabilities on district councils. In the general election, persons with disabilities and the elderly voted on a separate day from the rest of the public so that they could be supported.
There was a sports festival that encouraged children with disabilities to participate in school sports, and a year-round sports schedule for both children and adults with disabilities. Samoa had athletes who had participated in the Paralympics, and the State provided financial support to the Special Olympics organization.
Questions by Committee Experts
HIROSHI TAMON, Committee Expert and Member of the Country Taskforce for Samoa, asked whether there was stigma in society against persons with disabilities marrying. Were there restrictions on persons with disabilities’ movement in the State? What measures were in place to ratify the Marrakesh Treaty? What services were available for deaf-blind people?
GEREL DONDOVDORJ, Committee Expert and Member of the Country Taskforce for Samoa, asked about measures to address deeply rooted gender stereotypes that restricted the autonomy of women and girls with disabilities. What measures were in place to protect girls with disabilities from early marriage and teenage pregnancy? How did the State party ensure that girls with disabilities could access information on sexual and reproductive health from an early age? There were reports of women and girls with disabilities being subjected to forced sterilisation. How did the State party train medical workers to prevent this practice and promote free, prior and informed consent for all medical procedures?
MAGINO CORPORÁN LORENZO, Committee Expert and Member of the Country Taskforce for Samoa, asked about the budgetary allocation for health services for persons with disabilities. Did political parties allow persons with disabilities to join and run for election? Mr. Corporán Lorenzo called on the State party to devise a protocol for the protection of artisanal fishers and support artisanal fishers to set up their own union, and to set up a strategy for accessible tourism. Did persons with disabilities work in tourism agencies?
A Committee Expert asked about safeguards to ensure that section three of the crimes act did not lead to restrictions to the rights of persons with disabilities accessing sexual and reproductive health rights. What percentage of girls with disabilities under 16 gave birth? What educational and employment opportunities were available for deaf-blind people? What measures were in place to support access to work and career advancement for women with disabilities? Were there specific support measures for older persons with disabilities? How did the State support blind persons to access voting independently?
Another Committee Expert said absenteeism was higher among children with disabilities compared with other children due to a lack of infrastructure in schools. Why did only one of the six schools built last year meet accessibility standards? Was it more expensive to build a ramp than a flight of stairs? When would the State party apply accessibility standards when building schools?
A Committee Expert asked about the role of community-based rehabilitation programmes in Samoa and how these programmes were supported.
One Committee Expert asked about measures to address non-communicable diseases. Over 75 per cent of deaths in the State were caused by high rates of obesity, smoking and poor diet. How did the State party promote the participation of persons with disabilities in income-generating programmes and entrepreneurship?
Responses by the Delegation
The delegation said around five per cent of females aged 15 to 19 gave birth as of 2016. There was no data on the percentage of girls with disabilities who gave birth. Older persons with disabilities could not currently access both pension and disability support payments due to budget restrictions; the State would consider allowing this in future. There were assistants in voting booths that helped blind persons to vote; more measures needed to be implemented to allow blind persons to vote completely independently.
The six schools constructed last year were mainstream schools that were funded by donor partners. A lack of funding prevented the construction of ramps, though rails had been installed. Specialised schools were fully accessible with infrastructure for persons with disabilities.
Persons with disabilities enjoyed the same rights as others in relation to marriage and childbearing. Around 30 per cent of persons with disabilities aged 18 to 49 married, compared to 60 per cent of other people. Approximately 20 per cent of women with disabilities had their first child between the ages of 15 and 19, compared with 12 per cent of women without disabilities. From age 16, all persons, including persons with disabilities, could marry if they had parental consent. Parental consent was not needed for marriage from age 18.
Samoa was in the early stages of ratifying the Marrakesh Treaty. It would consider a legislative compliance review and a national interest analysis as part of this process.
The State had taken several steps to strengthen recognition of Samoan sign language and to broaden its use. Sign language interpreters assisted persons with disabilities in education and in daily professional interactions.
Several non-governmental organizations provided community-based rehabilitation programmes alongside public health workers. Persons with disabilities were referred to rural and district health facilities, which had mobile rehabilitative service teams. Government funding was devoted to these programmes.
Sexual and reproductive health services were affected by Samoa’s cultural context. Samoa was a religious country with entrenched gender roles. However, the State party had exerted efforts to make sexual and reproductive health information accessible for persons with disabilities; it worked with organizations of persons with disabilities to ensure that this information was understandable. Medical staff were trained on ensuring that medical programmes, including sexual and reproductive health programmes, were accessible and non-discriminatory for girls with disabilities.
Samoa had implemented a package of essential services for combatting non-communicable diseases. These services were inclusive of persons with disabilities.
The Ministry of Women had a youth empowerment programme that encouraged youth to set up small businesses. Many persons with disabilities were participating in this programme, operating handicraft, carpentry and gardening businesses.
Closing Remarks
NELLA TAVITA-LEVY, Permanent Representative of Samoa to the United Nations Office at Geneva and head of the delegation, thanked the Committee for the dialogue. Meaningful progress had been made since ratifying the Convention in Samoa in 2016. The State party sought to ensure that persons with disabilities were active participants in all aspects of life. It faced challenges in this regard, including related to physical accessibility, climate change and natural disasters, resource limitations, and persistent social stigma. Addressing these issues required sustained effort, stronger institutional capacity, support from development partners, and continued collaboration with civil society. The challenges strengthened the State’s determination to build resilient systems to ensure that persons with disabilities were not left behind. Samoa’s cultural values of love, respect, care and collective responsibility continued to guide its approach to protecting the most vulnerable members of society.
The dialogue had provided the State with the opportunity to reflect on progress and identify areas where further action was needed, in line with international standards. The insights shared would shape ongoing efforts, including the development of a standalone disability bill, the expansion of support programmes for persons with disabilities, the continued strengthening of the national human rights institution, and data collection on persons with disabilities. Samoa reaffirmed its commitment to ensuring that inclusion, accessibility and equal opportunity were not only reflected in policy but also experienced in the everyday lives of persons with disabilities. The State looked forward to continuing to work with the Committee to advance the rights and dignity of persons with disabilities.
MAGINO CORPORÁN LORENZO, Committee Expert and Member of the Country Taskforce for Samoa, thanked the delegation for participating in the dialogue. The State party needed to accelerate harmonisation of the legal framework with the Convention and devote necessary financial resources to plans in this regard. It also needed to strengthen civil society, improve statistical registers, and overcome paradigms that inhibited the rights of persons with disabilities. Mr. Corporán Lorenzo commended the contributions of civil society in promoting the rights of persons with disabilities in Samoa and called on the State party to continue to support civil society. Without accessibility, there could be no rights. In closing, he called on Samoa to participate in celebrations of the twentieth anniversary of the Convention.
MIYEON KIM, Committee Chair, said that the dialogue had provided insight into the situation of persons with disabilities in Samoa. The Committee commended the State party for its efforts and encouraged it to take all necessary measures to implement the Committee’s concluding observations for the benefit of all persons with disabilities in the country.
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CRPD26.004E