Samoa’s traditional village justice system could provide a model for more community-based practice in New Zealand.
The two countries are working together through an Institutional Strengthening Project to help modernise Samoa’s community justice system.
Principal Probation Officer Rita Ale, who heads a team of 10 staff based in Apia, recently spent a month studying the way New Zealand manages offenders in the community.
National Adviser Māori Service Development Lawrence Tawera says Rita’s visit also offered a chance to look at which elements of Samoa’s traditional village justice system might fit the cultural context here.
“It’s about them giving us ideas as well, because they have a successful village justice system that has worked for generations. We’re interested in how we incorporate those strengths with the modernised justice approach.”
Rita says Samoa’s justice system is currently operating on a legal pluralist system; the Westminster system, which operates at the criminal/civil courts, and the village legal system, which operates at the village and community level.
“The village council (Alii and Faipule) is legally operating under the Village Fono Act 1990. This legislation provides authority to the village fono (council) ‘to make rules for the maintenance of hygiene in the village; to make rules governing the development and use of village land (customary land) for the betterment of the village; and to punish members of the village who fails to obey any rule or direction made by the village fono such as misconduct’.”
Rita says the village fono has the power to impose fines of money, fine mats, animals or food. It can also order the offender to undertake any work on village land. And the fono can delegate these powers to a committee, such as the women’s committee, which in turn has its own fono.
“We want to make the most of the existing traditional system because often there is double jeopardy when people get punished twice; by the village fono on one hand and the Westminster system on the other. The legal framework being developed aims to foster community-based sentencing options and a parole system that enhances rehabilitation and reintegration of offenders into the community.”
Rita says the dual system will allow the community to take part in the rehabilitation and reintegration of offenders. It will also recognise Samoan customs and traditions in the sentencing, rehabilitation and reintegration of offenders.
The changes require the Court (Westminster system) to recognise the restorative process that has taken place in the community and to take into account punishment imposed by the village fono when dealing with certain criminal matters.
“For example, we are now looking at implementing the diversion process or restorative justice for both adult and young offenders.”
Rita says the dual system will tap into the strong community structure. “In doing this, we will make the most of the existence of the village council to select and monitor the work of community justice supervisors. We’ll also use the role of existing women’s groups, youth groups and the church to assist in the rehabilitation of offenders. This is an opportunity for the whole community to participate in crime prevention.”