Domestic Violence in Samoa
Given the high rates of family violence in Samoa, this book aims to contribute to research and education to support its prevention and response. It adopts a predominantly legal perspective, examining the intersection of criminal law, international law, and Samoan customary law, while recognising the cultural, religious, and social context in which family violence occurs. It argues that effective responses must be founded in Samoan communities, led by Samoan people, and grounded in fa‘asamoa (the “Samoan way”). The publication incorporates a literature review and interviews with individuals working to address family violence in Samoa. One of its key findings is that community education is urgently needed to strengthen culturally, religiously, and legally informed approaches at village and family levels and to empower Samoan communities. The book examines the Samoan cultural and socio-legal context, the criminalisation of family violence under Samoan and international law, comparative approaches in other jurisdictions, existing prevention and response initiatives, and the innovative work of Samoa’s Family Violence Court. It assesses progress to date, identifies remaining challenges, and considers how culturally grounded responses can strengthen future efforts. Drawing on comparative experiences from three overseas jurisdictions, it explores lessons that may inform reforms while recognising that responses must be tailored to the Samoan context rather than transplanted from elsewhere. The book is intended for practitioners, service providers, policymakers, researchers, and others working to prevent and respond to family violence in Samoa, as well as readers interested in family violence law, legal reform, and culturally appropriate justice initiatives. While no single project can eliminate family violence, this publication seeks to contribute to ongoing efforts to reduce harm and support safer Samoan families and communities.
Professor Dr jur Petra Butler LLM FAMINZ is the Executive Dean and a professor at the University of Canterbury’s Faculty of Law and the Director of the Institute of Small and Micro States (ISMS). Petra specialises in domestic and international human rights, public and private comparative law, and international commercial law with an emphasis on international commercial contracts and international dispute resolution. She has published widely in her area of expertise. Petra has particular expertise in law reform, including leading the Commonwealth Secretariat studies into judicial diversity in small Commonwealth states and into international commercial arbitration in the Commonwealth. In recognition of her work, she was made a senior research fellow at the British Institute of International and Comparative Law in 2020. Petra was made a fellow of Arbitrators’ and Mediators’ Institute of New Zealand in recognition of her contribution to international dispute resolution in New Zealand in 2023.
Allanah Colley is a Lecturer in Criminal Law & Procedure and PhD Candidate at Melbourne Law School. She researches primarily in the areas of gender and sexuality law, criminal law, international criminal law and access to justice. Allanah’s PhD examines how specialist Family Violence Courts in Victoria, Australia implement a therapeutic approach within an adversarial setting. Allanah is from Aotearoa New Zealand and has a BA/LLB(Hons) from the University of Auckland and an LLM from New York University. Allanah co-founded the New Zealand Women’s Law Journal – Te Aho Kawe Kaupapa Ture a ngā Wāhine, the only academic publication dedicated to gender justice scholarship in Aotearoa New Zealand. She was Co-Editor-in-Chief of the Journal in 2017 and 2018, and remains a Trustee of the Journal. While completing her PhD, Allanah continues her role as an International Consultant with the United Nations Team of Experts on the Rule of Law and Sexual Violence in Conflict.