Samoa: Government

Principal Government Officials

Chief of State: Tuiatua Tupua Tamasese Efi
Head of Government: Prime Minister Tuila'epa Lupesoliai Sailele Malielegaoi

The 1960 Constitution, which formally came into force with independence, is based on the British Westminster parliamentary system, modified to allow for Samoan customs. Malietoa Tanumafili II held the post of head of state for 45 years until his death in May 2007. His successor, Tui Atua Tupua Tamasese Efi, was selected by the unicameral legislature (Fono) for a 5-year term.

The Fono (parliament) contains 49 members serving 5-year terms. Forty-seven are elected from territorial districts by ethnic Samoans districts; the other two are chosen by non-Samoans on separate electoral rolls. Universal suffrage was extended in 1990, but only chiefs (matai) may stand for election to the Samoan seats. The voting age is 21 years and over. There are more than 30,000 matais registered but only 16,000 are in the country, of which about 8% are women. The prime minister is chosen by a majority in the Fono and is appointed by the head of state to form a government. The 12 cabinet ministers are appointed by the head of state on the advice of the prime minister, and subject to the continuing confidence of the Fono.

The judicial system is based on English common law and local customs. The Supreme Court is the court of highest jurisdiction. Its chief justice is appointed by the head of state upon the recommendation of the prime minister. Unique to Samoa’s judicial system is the Lands and Titles Court, which hears customary/traditional land and matai title grievances.

POLITICAL CONDITIONS
Parliamentary elections are held every 5 years, and the last was held in March 2011. Only two parties contested the election--the Human Rights Protection Party (HRPP) and the Tautua Samoa Party (TSP). The TSP was formed in October 2010 as a coalition of members from previous opposition parties and some independents, including the TSP, Samoa Party, and The People’s Party. In the 2011 election, the Human Rights Protection Party won 29 seats; it joined with 7 independents to hold 36 of 49 seats, maintaining control of the government. The TSP won 13 seats, meeting the threshold of at least 8 seats to form a recognized party in parliament, and became the opposition.

The Human Rights Protection Party has held a majority in the Fono for the past seven consecutive 5-year terms. The HRPP leader and prime minister for the past 13 years is Tuilaepa Fatialofa Lupesoliai Aiono Sailele Malielegaoi. Prior to and immediately after the 2011 election, the TSP was led by Vaai Papu Vaai; however, post-election court action found him guilty of election bribery and “treating” (giving gifts), effectively costing him his seat. The TSP unanimously elected Palusalue Faapo II to assume the role of party leader.

Following the 2011 election, eight election petitions were made to the Supreme Court charging various counts of bribery, treating, or gifting during a campaign, and one motion charged that a member who won the election did not meet the prerequisite condition of living in Samoa for 3 years prior to the election. By May 2011, of the eight cases initially filed, two motions were withdrawn at the request of petitioners, one case was dismissed, two were ongoing, and three cases concluded with numerous guilty verdicts for bribery, treating, and gifting during a campaign period. Included in the list of those found guilty and forbidden to run for elections for the next 5-10 years were two current associate ministers, a former associate minister, then-leader of the TSP Vaai Papu Vaai, and another TSP member. Once all petitions in the Supreme Court are concluded, parliament will announce dates for by-elections to fill the vacant seats. None of the possible outcomes would change the certainty that the HRPP has a majority to lead the government.

FOREIGN RELATIONS
Samoa is a parliamentary democracy modified to include traditional cultural ways. It has a free-market economy and is a member of a number of regional and international bodies. In policy, Samoa often aligns with countries with similar values, and has been characterized as conservative and pro-Western, although it has growing ties with China. Samoa has a strong interest in regional political and economic issues.

At independence in 1962, Samoa signed a Treaty of Friendship with New Zealand. This treaty confirms the special relationship between the two countries and provides a framework for their interaction. Under the terms of the treaty, Samoa can request that New Zealand act as a channel of communication to governments and international organizations outside the immediate area of the Pacific islands. Samoa also can request defense assistance, which New Zealand is required to consider (Samoa does not maintain a formal military). The country has a close working partnership with New Zealand through its bilateral aid program (NZAid) in Samoa. Samoa has welcomed various annual and other visits to Samoa by the New Zealand Governor General, Prime Minister, Foreign Minister, and other high-level officials. Overall, Samoa has strong links with New Zealand, where many Samoans now live and many others were educated.

Samoa shares a close and friendly relationship with traditional partner Australia through various regional organizations and initiatives. Australia is also the largest donor to Samoa and has a bilateral aid (AusAid) program in the country. Samoa has welcomed various high-level Australian officials to Samoa, including the Australian Foreign Minister, in recent years.

The Government of Samoa has a strong relationship with the Government of the People's Republic of China (P.R.C.). The P.R.C. has provided substantial assistance to Samoa. Assistance from the P.R.C. has been especially focused on construction projects, including the main government building as well as performance venues for the South Pacific Games, which Samoa hosted in August-September 2007. The P.R.C.-funded parliamentary offices opened in August 2008, and the Justice building opened in January 2010. The two countries signed concessionary loans of $64 million in 2008 and $30.5 million in January 2010 for the construction of a multi-storey office and conference center and a national hospital, respectively. Relations with the P.R.C. remain strong with continued soft loan agreements, establishment of bilateral agricultural farming initiatives, and the visit of China’s top political advisor to Samoa in April 2011.

The Samoan Government was an outspoken critic of the French decision to resume nuclear weapons testing in the South Pacific in 1995. After years of banning French naval vessels and air force planes from entering Samoa, relations have eased, resulting in frequent French naval visits to the country.

As a player in the Pacific region, Samoan Prime Minister Tuilaepa has been a very vocal critic of the 2007 coup in the Republic of the Fiji Islands and of the interim military government of Josaia Voreqe Bainimarama. When the Fiji interim government failed to hold general elections in May 2009, Samoa’s leader was at the forefront of Pacific leaders to come out against the position and legitimacy of the military government.

Samoa has diplomatic missions in New Zealand, Australia, the P.R.C. Japan, Brussels, and UN New York, with consulates in Fiji and American Samoa. There are four diplomatic missions in Samoa: New Zealand, Australia, the P.R.C., and the U.S., with seven international organizations.

Since 1967, the United States has supported a substantial Peace Corps program in Samoa. Over 1,900 Peace Corps Volunteers have served in Samoa over that time, with more than 40 Volunteers currently in-country. Peace Corps programs have emphasized village-based development and capacity building, but most recently have moved back to traditional primary English education. Other forms of U.S. assistance to Samoa are limited. High points in the bilateral relationship in recent years include July 2008, when Secretary of State Condoleezza Rice visited Samoa and met with Prime Minister Tuilaepa as well as her counterparts from other Pacific Island nations; the July 2009 Pacific Partnership humanitarian project that involved U.S. military engineering and medical outreach, and the many positive results and interactions it engendered; and the support provided by the U.S. Government, organizations, and individuals in the aftermath of the September 2009 earthquake and tsunami. The July 2008 visit was the second time a Secretary of State had visited. Secretary George Shultz visited in 1987. The U.S. Embassy, staffed by a single American officer, is the smallest embassy in Samoa (although a few countries have honorary consuls) and one of the few one-officer U.S. embassies in the world.

Samoa is a member of the United Nations and the Commonwealth of Nations and a strong advocate of the Pacific Commission and Pacific Islands Forum.

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