SAMOA, Disability Country Profile
 CONSTITUTION Samoa became independent in 1962, and its Constitution dates from that year. HUMAN RIGHTS The Constitution declares Samoa to be a free and sovereign independent state. Section 15 provides: “(1) All persons are equal before the law and entitled to equal protection under the law.” There can be no laws to subject disability or restriction on anyone, but a disability as such is not a ground of discrimination. (S 15(2)). “(3) Nothing shall: - …. (b) prevent the making of any provision for the protection or advancement of women or children or of any socially or educationally retarded class of persons. The Constitution does not restrict qualification as to composition of Parliament, except that members must have matai status. The Immigration Act 1966 previously specified classes of prohibited immigrants, not subject to discretionary entry, but the prohibition against entry for Persons with a disability has been repealed. Samoa has its Komesina o Sulufaiga (Ombudsman) Act 1988. Actions or inaction of governmental bodies are subject to review at discretion of Ombudsman who may make recommendations for corrective action. Jurisdiction includes review of improperly discriminatory conduct. There is no enforcement power. SIGNATORY TO THE UNESCAP PROCLAMATION ON THE FULL PARTICIPATION AND EQUALITY OF PEOPLE WITH DISABILITIES IN THE ASIAN AND PACIFIC REGION Signed in 1998 FOCAL POINT ON DISABILITY WITHIN GOVERNMENT National focal points for different disabilities established and strengthened DISABILITY SPECIFIC LEGISLATION 2001 Occupational Health and Safety Education NATIONAL COORDINATION COMMITTEE OR NATIONAL DISABILITY COUCIL A national council has been formed NATIONAL DISABILITY POLICY AND ACTION-PLAN National policy is under consideration. DISABILITY STATISTICS AND DATA COLLECTION 2000 Special Needs education survey conducted. It will be used by many Ministries for planning. 2002 A survey of all adults with disabilities conducted. SELF-HELP ORGANISATIONS There is active collaboration amongst organizations of persons with disabilities and government in programmes that promote the participation of persons with disabilities. The national organization of persons with disabilities ahs become a member of DPI. Samoa has a strong self-help advocacy group, which has assisted in surveys, and has just opened its own premises. Through advocacy from this group, contact has been established within the Government. Samoa has been represented at the Biwako Framework Conference, other international events, with representation being from both Government and disability sectors. There are programmes to strengthen the role of families in caring for their children with disabilities. WOMEN WITH DISABILITIES Samoa has a Ministry of Women's Affairs Act 1990, which encourages promotion and co-ordination of women's affairs, particularly with reference to primary health care, village and district sanitation, childcare, and training for women with promotion of home economics. Women with disabilities have attended 2 workshops for WWD held in Fiji in 2003 and 2004. EARLY DETECTION, EARLY INTERVENTION AND EDUCATION The Education Act 1992 required education for all, including persons with disabilities. A survey conducted in 2000 identified all children with disabilities under the age of 14, and in 2002, a further survey identified those over the age of 15. A Special Education Needs Council has been formed. The Ministry of Education has assumed enhanced responsibility for the education of children with disabilities. Government adopted a policy of Special Needs education and it is being actively implemented. A programme to include children with disabilities in regular education has been started, with training of teachers with appropriate qualifications. Children with disabilities have been included in the national EFA Plan of Action. Strengthened curricula and support services such as Special Units within regular schools There is compulsory education for all children from age 5 to age 14. The Mental Health Ordinance 1961 makes provision for persons who are mentally defective without any distinction between mental disorder and intellectual disability. However, the definition is wide: - “Mentally defective person means a person who, owing to his mental condition, requires oversight, care or control of himself or his property for his own good or in the public interest.” For such persons, a Court may order medical custody on application accompanied by 2 medical reports. The duration may be up to 6 months “in his own interests, or for safety of other persons.” An order is renewable. Under Part III of this Ordinance, the Registrar of the Court must advise the Public Trustee of the making of an order. Thereafter, the Public Trustee or a committee appointed has the custody and administration of the patient’s estate. Under section 25, the Court can, on the petition of the Public Trustee or anyone else “order an inquisition to be held as to whether any person alleged to be mentally defective is mentally defective and incapable of managing his affairs"” If so, a committee or the Public Trustee can be appointed. TRAINING AND EMPLOYMENT Vocational training opportunities provided to youth with disabilities. Scholarships awarded to persons with disabilities to study at tertiary level. There is a United Nations Volunteer programme to integrate disabilities into regular vocational training programmes The Labour and Employment Act 1972 requires safety provisions in workplaces for electricity and machinery. There is an Accident Compensation Act 1989. The Board appointed under this Act have a duty to promote safety and to prevent motor vehicle, work related and other accidents, personal injury by accident and occupational diseases. The Act provides for compensation for economic loss for the period of incapacity following a work accident or occupational disease, and lump sum compensation for permanent injury or impairment. If death occurs, there is compensation for dependents for up to four years. Compensation is available for non-workers for transport accidents or death by accident. Both the Labour and Employment Act 1972 and the Accident Compensation Act 1989 promote health and safety standard ACCESS TO BUILT ENVIRONMENTS AND PUBLIC TRANSPORT A policy on the construction works of public buildings with provisions for the disabled has been implemented. Facilities for persons with disabilities are considered in public buildings. The Health Ordinance 1959 sets out requirements for buildings, both residential and commercial, to allow them to be occupied. The main concerns are availability of water and sanitation. There is no provision to ensure access for persons with a disability. There is a Housing Corporation Act 1990,which sets out functions to provide mortgage funding for residential housing. It does not contain any provision for persons with a disability, or for financial assistance for aids such as ramps, fencing etc. ACCESS TO INFORMATION AND COMMUNICATIONS Sign language in English and Samoan is well developed Improved access to computers and other visual media for persons with disabilities POVERTY ALLEVIATION There are no social security provisions. There is an Accident Compensation Act 1989. The Board appointed under this Act has a duty to promote safety and to prevent motor vehicle, work related and other accidents, personal injury by accident and occupational diseases. The Act provides for compensation for economic loss for the period of incapacity following a work accident or occupational disease, and lump sum compensation for permanent injury or impairment. If death occurs, there is compensation for dependents for up to four years. Compensation is available for non-workers for transport accidents or death by accident. CRIMINAL LAW Criminal Ordinance 1961. Matters of justification in relation to any offence. The provision follows the UK McNaghten Rules. Section 13 Insanity. There is a presumption of sanity until the contrary is proved. There can be no conviction for an act or omission committed by anyone “while labouring under natural imbecility or disease of the mind to such an extent as to render him incapable of understanding the nature and quality of the act or omission or knowing that the act or omission was morally wrong.” There is also a provision in the Mental Health Ordinance 1961, section 11, which says that an insane person is not to be tried, if a person is of unsound mind so that he cannot understand the nature of proceedings. Such a person may be detained at pleasure in a prison or a place of security. The same provision applies to any person acquitted on the grounds of insanity. There is an offence to have sexual intercourse with a woman or a girl who is an idiot or an imbecile if it is known or there is good reason to believe that the victim is an idiot or imbecile. Section 77 of the Criminal Ordinance imposes a duty to provide the necessaries of life on a person who has charge of another who “is unable by reason of age, sickness, insanity or any other cause” to care for themselves. There is no scheme of free legal aid for anyone recorded up to 1997. OTHER LAW Estates and Inheritance. Under the Administration Act 1975 Part IV, an application for further and better provision can be made by widow/er, parent, child or grandchild where "insufficient provision" for them has been made. Marriage. There is no impediment to marriage for persons with a disability. Property. There is provision for statutory management of property for persons who are "mentally defective". Civil liability for accidents is also retained for negligence or breach of statutory duty, or other fault. A claim may be made under the Act or civilly or both, provided civil damages refund statutory compensation. 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