Regional Workshop towards a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 14-17 October 2003

Review Paper on Samoa

By Marie Bentin-Toalepaialii
Assistant CEO Policy Planning and Research
Ministry of Education, Sports and Culture

Disability Specific Legislation in Samoa

The Samoan Constitution guarantees equality of all before the law. It includes "positive discrimination" under Clause 15(b) that allows laws to be made for the 'disadvantaged'. Most of the current laws reflect systems of the UK/New Zealand that were adopted around the time of independence. There is currently still evidence of inappropriate terms and definition of people with disabilities in particular the confusion between intellectual disability and mental illness. This is particularly so in the case of offenses against "women with disabilities", and defenses of justification under criminal law on the grounds of insanity.

However the attorney general has implemented a process of review and actions to date which include:

• Ministry of Women's Affairs Act
• Recent alteration of immigration laws to eliminate discrimination against obtaining visa.
• Adoption of the Biwako Framework.
• Adoption of Basic Education Action Plan at South Pacific Forum in Suva, Fiji, 2002
• Revision of the Education Ordinance to include Early childhood (including early intervention) and Second Chance Learning in the National Education for All Plan.
• Compulsory Education Act (established in 1992).
• Compulsory Building Codes (though no monitoring of these is currently practiced)
• The review of the Mental Health Act (November 2003) where Disability Action Task force will lobby for separate disability legislation

Laws also exist regarding the protection of property of persons who are "mentally defective" and some compensation law for disability caused by accident. The attorney general office is committed to this process and has indicated positively to the ongoing collaboration and input into the Disability Action Task Force with appropriate disability agencies including self advocacy groups.

Samoa has an Ombudsman to whom complaints can be made (by PWDs) regarding problems with Government processes and decisions.

The most exciting recent development is the agreement of the Prime Minister to consider the incorporation of a Disability Action Task Force under the auspice of the Prime Minister's Department. The Prime Minister indicated that there is the ‘political will' to continue to support appropriate legislation coupled with strategic planning and action.

Why we need a convention

In Samoa, organizations of people with disabilities, other NGOs and non-state actors of civil society play an increasingly important role in influencing Government policy and programme implementation. Organizations of people with disabilities however still lack the resources necessary for their full development. Particularly absent from the newly formed self advocacy group Nuanua o le Alofa, are the voices of people with intellectual disabilities, people with mental illness and the deaf. These groups need specific strategies to ensure their participation in decision-making.

All people with disabilities in the Pacific need extensive opportunities for capacity building, access to higher education and diverse qualifications, in order for them to fulfill their important leadership functions. The situation of women with disabilities in Samoa is doubly discriminating as in most countries, with very limited access to basic services and opportunities for development.

Samoa struggles to be able to legislate for and enforce all rights for all disability groups and individuals. A Convention adopted by our government, setting out these rights and specifically including strategies for empowering of each disability group would be a huge advantage. The convention would ensure a strong voice is heard from people with disabilities living in the Pacific regarding the reality of their lives, about the discrimination they face and the obstacles to enjoying the rights that belong to all. The convention should also stipulate for disability movements and the human rights movements in the Pacific to draw expertise from each other and work even more closely together.

The convention must consider the unique situation that Pacific island states are faced with i.e. small regionally isolated populations. The grouping of Asia with the Pacific is inappropriate and has historically fuelled little development in the Pacific. It is time to establish a separate Pacific region. We need ‘SPECIFIC PACIFIC'!

So many times we get excited as the disability development boat brings new frameworks of action to our shore however it rarely stays, as it has to get back to Asia. We are left alone on the pristine white sand of the Pacific shore, untouched by development… waving our Pacific white flag for help!

Objectives:

The convention should include the following objectives:

Ensure that people with disabilities will not be treated unfairly ever again through the establishment of appropriate legislation and processes of monitoring.

The International community will implement universal economic and social structures so that everybody can have access to it.

Ensure that every opportunity is provided for pwd to express their capabilities and determination to overcome disability hurdles.

Emphasis EQUALITY of mankind rather than Normality - normality exist when majority is present but Equality is for human society living in harmony.

Create an inclusive society and respect every human dignity

The objectives of the convention must address the specific needs of each disability group (especially groups that typically have no input into decision making i.e. deaf ,intellectually disabled and people with mental illness) with consideration of their capacity in a developing nation.

International organizations need to specifically support their sisters and brothers in the Pacific. We need role models of PWD to visit and inspire the general public, families and individuals, thus opening a world of hope and expectation. We need assistance in developing human resources.

Scope and definitions

The need for consistency of definitions across various regions is often seen by international organizations as a high priority. Mostly the WHO definitions, which have a medical bias, are adopted due to the absence of any other models. In Samoa the Adult disability Identification Census (2002) used 14 categories of disability with descriptive questions regarding an individual's abilities and functioning. These categories with the inclusion of another for multiple disability could be used as an initial platform upon which definitions could be further refined for the gathering of statistical information. (See appendix 1)

The need for definitions and appropriate terms of reference for various disabilities in indigenous languages needs to be addressed as the use of derogatory terms reference continue to be the biggest barrier people PWD in Samoa experience. Clearly awareness programs and initiatives need to be in Samoan if they are going to address the root of discrimination.

The use of the term disability often has a deficit connotation when translated into a native language and maybe it is time to consider a different reference term such as ‘differently able' as this is both easy to translate into an indigenous language such as Samoan and emphasizes ability in a positive framework. Ideally we are all men , women , girls and boys!

Guarantee of Equality and Non-discrimination

The international convention when adopted will be implemented by governments in each country. Effective government monitoring systems need to be established to ensure the actioning process. In Samoa this could be achieved through the Disability Action Task Force that is being developed under the government auspice. This body, though under the government structure will incorporate wide consultation and collaboration with nongovernment disability advocacy, support and service providers. Additionally, each government agencies should be represented on the task force and play leading roles in developing barrier free organizations. The establishment of this broad consultative system would reduce the need to prosecute or fine any government or private sector that fail to comply with these universal convention measures. The disability task force will ensure that National economic and social development infrastructure have an inclusive standard policy and will develop a National Strategic Disability Plan which ensures opportunities for all.

Guarantee of specific rights

Rights of “decision making” - pwd are capable of making decisions, especially regarding decisions that effect them. Disability groups that have very limited communication and education must still be actively involved in decision-making processes. Government, private sector and communities must develop and implement collaborative decision making strategies to address the needs of PWD and must specifically address disability groups such as the deaf, intellectually disabled and people with mentally illness who are typically underrepresented in developing countries like Samoa. Pwd must also be present and involved in discussion at a local community organization level for e.g. women's committee.

Monitoring/review/remedy mechanisms

Samoa is fortunate that we have baseline data on disability which can be utilized to monitor and review development. The use of media can also be used to record developments considering the rapid period of growth currently taking place in Samoa. “Disability, Then and Now” type programs would be advantageous to generally assess the situation and give feedback to the general community which is targeted for development. The Department of Statistics, here in Samoa have committed to the ongoing collection of data but need to secure funding. The convention would be a powerful tool in securing the needed resources to keep data up to date.

Process for Convention Adoption

The Samoan government has already ratified CEDAW and the Convention of the rights of the child. They are currently developing national plans for these conventions. As discussed before the government has endorsed the establishment of a Disability Action Task Force and the Convention would be adopted and implemented under this framework with the task of developing a national Disability Action Plan.

Appendix 1

Samoa Adult Disability Identification Survey

Personal details:

Q1. First name: ______________________________________

Q2. Last name: ______________________________________

Q3. Hospital Identification Number: 1._____________________2. Unknown 3. No number

Q4. Date of birth (day/month/year): _______________________

Q5. Completed age as of July 1^st 2002:

Q6. Type of birth delivery: 1. Hospital 2. TBA

Q7. Gender: 1. Male 2. Female

Q8. Marital Status

1. Single
2. Married
3. Divorced/Separated
4. Widowed
5. Defacto

Q9. Religion:

1. CCCS
2. Catholic
3. Methodists
4. LDS
5. SDA
6. AOG
7. Protestant
8. Anglican
9. Worship Centre
10. Jehovah Witness
11. Baha'i
12. Other

Q10. Are you involved in your church's activities? 1. Yes 2. No

Q11. Are you involved in sport? 1. Yes 2. No (go to Q12.)

Q11a. Which sport are you involved in?

1. Para Olympics
2. Body building
3. Rugby league
4. Rugby union
5. Soccer
6. Netball
7. Volleyball
8. Boxing
9. Outrigger Canoeing
10. Cricket (English & Samoan)
11. Tennis
12. Darts
13. Badminton
14. Basketball
15. Pool
16. Others

Q12. Have you ever attended school?

1. Yes
2. No (Go to Q12c)

Q12a. Which school/education setting did you attend or currently attending?

1. Village Primary School
2. District High School
3. Independent/Mission School
4. Loto Taumafai
5. Aoga Fia Malamalama
6. Marist Centre of Special Learning
7. Regular school with support from PREB (Prevention, Rehabilitation, Education for Blind)
8. Overseas school
9. Samoa Polytechnic
10. Non government/ mission vocational provider
11. Local university
12. Overseas University
13. Pastor's School

Q12b. Duration of total attendance:

1. Less than one year
2. 1 - 3 years
3. 4 - 6 years
4. 7 - 9 years
5. 10 – 12 years
6. Completed Vocational Training
7. Completed Tertiary Education

Q12c. What kind of work or employment do you do?

1. Paid work
2. Self Income earner
3. Family worker
4. Student
5. None

Q13. Are you involved in any village or community activities (excluding church related activities)?

1. Yes
2. No (go to Q14.)

Q13a. Which programs?

1. Komiti Tumama
2. Aumaga
3. Aualuma
4. Village Council
5. Youth Activities
6. Other

Person's Disability

Q14. What is your disability?

1. Autistic
2. Behavioural/ Emotional Problems
3. Blind
4. Deaf
5. Epileptic
6. Hearing Impaired
7. Intellectually Impaired
8. Mental Illness
9. Physically Disabled
10. Speech/ Language Impaired
11. Specific Learning Disability
12. Visually Impaired

Q15a Has your disability been diagnosed?

1. Yes
2. No
3. Not Sure

Q15 b. Has your disability been assessed?

1. Yes
2. No
3. Not Sure

Q16. What was the cause of your disability?

1. Hereditary
2. Genetic
3. Complications at Birth
4. Birth Injury
5. Illness
6. Disease
7. Side effects of medication for other sicknesses
8. Nutrition
9. Motor Vehicle Accident
10. Sea Vessel Accident
11. Aircraft Accident
12. Accident in Work place
13. Accident at home
14. Recreation/Sports Injury
15. Drug Abuse
16. Physical Abuse
17. Burn
18. Aging process
19. Curse
20. Unknown

Q17. When did your disability begin?

1. Birth
2. 0 - 5 years
3. 6-15 years
4. 16 -30 years
5. 31 -60 years
6. 61+

Person's Abilities

Q18. Self care skills (dressing, showering and eating)

1. Independent- I need no assistance to look after myself.
2. Needs some assistance- I need someone to help me with these tasks.
3. Totally Dependant- I need someone to do these things for me.

Q19. Communication skills

1. Independent: I can communicate easily with everyone.
2. Some Assistance: Not everyone can understand my communication and/or I don't always understand others when they communicate.
3. Dependant: I have great trouble expressing my needs.

Q20. Mobility

1. Independent: I can get around home and the village on my own.
2. Some Assistance: I can get around home and the village using a wheelchair, walking frame, crutches, or white cane etc.
3. Dependant: I cannot move around home without some one helping me and/ or someone has to help me when I go out of the house

Person's Needs

Q21. What treatments have you ever received or currently use?

1. Medication
2. Physiotherapy
3. Occupational therapy
4. Traditional massage
5. Traditional herbs
6. Surgery
7. Dental Therapy
8. Community Nurse Support
9. Tutorial/remedial education
10. None

Q22. What aids do you have?

1. Wheelchair
2. Crutches
3. Prosthesis
4. Splints
5. Adjustable bed
6. Water bed
7. Air mattress
8. Air or jelly cushion
9. Bed rails
10. Ramps
11. Hearing Aid
12. Interpreter
13. Glasses
14. Artificial Eye
15. White Cane
16. Braille typewriter
17. Computer with voice capacity
18. None

Q23. What aids do you need?

1. Wheelchair
2. Crutches
3. Prosthesis
4. Splints
5. Adjustable Bed
6. Water Bed
7. Air mattress
8. Air jelly cushion
9. Bed Rails
10. Ramps
11. Hearing aid
12. Interpreter
13. Glasses
14. Artificial Eye
15. White Cane
16. Braille Typewriter
17. Computer with Voice capacity
18. None

Q24. What Health Care do you need?

1. Medication
2. Medical Advice
3. Surgery
4. Physiotherapy
5. Occupational Therapy
6. Speech and Language Therapy
7. No help needed

Q25 What kind of specialized Communication techniques do you need?

1. Sign language
2. Braille
3. Deaf blind sign language
4. Communication Board
5. Computer with Voice capacity
6. None

Q26a. Do you need training?

1. Yes
2. No (go to Q27.)

Q26b. Please Specify

1. Vocational
2. University

Q27 What kind of family and community support do you need?

1. Financial Assistance
2. Respite Care
3. Transport to health care
4. Full time nursing care
5. Access to educational support or centres.
6. Involvement in a support group consisting of other families with disabled people.
7. Involvement in a support group for disabled people, such as Nuanua o le Alofa.
8. Improved community awareness and inclusion of people with disabilities

Q28. Additional Comments:

FAAFETAI TELE LAVA

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