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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 195 constitutions from around the world. Experience its wealth and depth of information by starting your search now.

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Protection from Violence

Samoa, English

(1) No person shall be required to perform forced or compulsory labour.
… (Art. 8)

Protection from Violence

Samoa, English

No person shall be subjected to torture or to inhuman or degrading treatment or punishment. (Art. 7)

Limitations and/or Derogations

Samoa, English

(1) When a Proclamation of Emergency has been made and so long as it remains in force, the Head of State may from time to time make such Orders (hereinafter referred to as Emergency Orders) as appear to him to be necessary or expedient for securing the public safety, the defence of Samoa and the efficient prosecution of any war in which Samoa may be engaged, for maintaining public order and the supplies and services essential to the life of the community, and generally for safeguarding the interests and maintaining the welfare of the community.
(2) Emergency Orders may empower or provide for empowering such authorities, persons or classes of persons as may be specified in the Orders to make regulations, rules or bylaws for any of the purposes for which Emergency Orders are authorised under the provisions of this Article to be made, and may contain such incidental and supplementary provisions as appear to the Head of State to be necessary or expedient for making effective the powers conferred under the provisions of clause (1).
(3) Every Emergency Order, if otherwise valid, shall have effect notwithstanding anything contained in Part II.3
(4) No provision of any Emergency Order, and no regulation, rule or by-law duly made under the provisions of any such Order, shall be invalid because it deals with any matter already provided for under any law or because of any inconsistency with any such law. (Art. 106)

Judicial Protection

Samoa, English

(1) Any person may apply to the Supreme Court by appropriate proceedings to enforce the rights conferred under the provisions of this Part.2
(2) The Supreme Court shall have power to make all such orders as may be necessary and appropriate to secure to the applicant the enjoyment of any of the rights conferred under the provisions of this Part. (Art. 4)

Obligations of the State

Samoa, English

… WHEREIN should be secured to all the people their fundamental rights; … (Preamble)

Judicial Protection

Samoa, English

An appeal shall lie to the Court of Appeal from any decision of the Supreme Court in any proceedings under the provision of Article 4. (Art. 81)

Government

Samoa, English

(1) There shall be a Cabinet of Ministers, who shall have the general direction and control of the executive government of Samoa and shall be collectively responsible therefore to Parliament.
(2) Cabinet shall be appointed as follows:
(a) the Head of State shall appoint as Prime Minister to preside over Cabinet a Member of Parliament who commands the confidence of a majority of the Members of Parliament;
(b) the Head of State shall, acting on the advice of the Prime Minister, appoint not fewer than eight nor more than twelve other Members of Parliament to be Ministers;
(b.a) the Head of State shall, acting on the advice of the Prime Minister, appoint one of the Ministers appointed under sub-clause (b) to be Deputy Prime Minister;
… (Art. 32)

National level

Samoa, English

(1) Subject to the provisions of this Article, the Legislative Assembly shall consist of:
(a) one member elected for each of 41 territorial constituencies having such names and boundaries and including such villages or subvillages or villages and sub-villages as are prescribed from time to time by Act; (aa) six additional members being one additional member elected for each of such 6 of those territorial constituencies as are prescribed from time to time by Act;
(b) members elected by those persons whose names appear on the individual voters' roll.
(1A) Subject to this Article, women Members of the Legislative Assembly shall:
(a) consist of a minimum of 10% of the Members of the Legislative Assembly specified under clause (1) which for the avoidance of doubt is presently 5; and
(b) be elected pursuant to clause (1) or become additional Members pursuant to clause (1B), (1D) or (1E).
(1B) If, following any general election:
(a) all members elected under clause (1) are men, the prescribed number of women candidates (if any) with the highest number of votes shall become additional Members; or
(b) less than the prescribed number of women candidates are elected under clause (1), the remaining prescribed number of women candidates (if any) with the highest number of votes shall become additional Members for the purposes of clause (1A).
(1C) Clause (1B) does not apply if the prescribed number of women are all elected under clause (1).
(1D) If the seat of an additional Member becomes vacant, it shall, despite Article 48, be filled by the woman candidate (if any) who has the next highest number of votes at the last election or general election.
(1E) Subject to Article 48, if a seat under clause (1) held by a woman becomes vacant, to which a man is elected to fill that vacant seat, the woman candidate (if any) with the highest number of votes from that election or the last election or general election shall become the additional Member.
(1F) If, in the selection of the required number of women under clause (1B), (1D) or (1E), two (2) or more candidates have equal number of votes, the additional Member shall be selected by lot before the Electoral Commissioner with the presence of the candidates or their authorised representatives and at least two (2) police officers.
(1G) If a woman candidate becomes an additional Member of a constituency (irrespective of a woman candidate being elected to that constituency), no other woman candidate from the same constituency shall become an additional Member unless there is no other woman candidate from any other constituency to make up the required prescribed number.

(5) In this Article, unless the context otherwise requires:
“Additional Member” means a woman who is a Member of Parliament by virtue of clause (1B), (1D), or (1E) for the purposes of clause (1A);
“Highest number of votes” means the percentage of the total valid votes in a constituency polled by a woman candidate;
“Prescribed number” means the minimum number of woman Members of Parliament specified under clause (1A). (Art. 44)

Legislature

Samoa, English

(1) A person shall be qualified to be elected as a Member of Parliament who:
(a) is a citizen of Samoa; and
(b) is not disqualified under the provisions of this Constitution or of any Act.
… (Art. 45)

Head of State

Samoa, English

(1) The Head of State shall be elected by the Legislative Assembly under the provisions of the First Schedule.
(2) A person shall not be qualified to be elected to the office of Head of State:
(a) if he is not a person qualified to be elected as a Member of Parliament; or
(b) if he does not possess such other qualifications as the Legislative Assembly may determine from time to time by resolution;
… (Art. 18)