Constitution Amendment Act 2013-11-27 The Quota for Women in Samoas Parliament

Faatalofa atu i lenei taeao fou !iia le Alii"

#ntroduction The mission impossible I have been given this morning, is to discuss the Constitutional Amendment Act 2013 which was passed unanimousl b the !arliament o" #amoa earlier this ear$ % mission should I accept it, is to provide ou, m learned and distinguished colleagues with an overview o" the rationale behind the use o" a &uota to guarantee a minimum number o" ' women in #amoa(s !arliament, or 10) membership o" the *+ member !arliament o" #amoa$ % re"erence to the mission impossible is that "irstl , I do not have all the answers and secondl , it reall is impossible "or me to convince ou one wa or the other i" ou are not prepared to wa,e up and learn something new, as the Chie" -ustice stated esterda in his opening remar,s$ I" ou are alread set in our wa s, and believe that reserved seats "or women is not a good thing, then who am I to tell ou otherwise. #o I accept the mission, b as,ing this simple &uestion/ $Who needs it%& 0ollowing on "rom that &uestion 1 2hat is the rationale behind this amendment. 3o the women o" #amoa want this amendment. Is the amendment a bac, door "or women to enter !arliament. Is the participation o" women in politics guaranteed b this amendment. 2ill the &uota achieve participation o" women in politics or is it 4ust pa ing lip service. 'ac()round 0irstl , 4ust loo,ing around the room toda , I see that all the women attending this # mposium, has a tertiar &uali"ication$ 5ou are independent women, ou have chosen our spouse or partner b choice,
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ou are held in high regard in our "amil , our nu(u and nationall , b the mere "act that ou are a law er, a pro"essional, an educated person$ 6ottom line, ou do not need this &uota, to be success"ul in li"e$ There was an attitude when I arrived in #amoa in 1+7*, that an educated woman does not need an thing more than her &uali"ications to succeed$ There was a similar "eeling among male counterparts$ #econdl , #amoan women are born to a culture o" revered women hood, o le tama(itai #amoa$ 0rom the legendar war goddess o" 0alelupo, 8a"anua to the "amed #alamasina who is the onl person to hold all "our ta"a(i"a titles o" #amoa, women are historicall revered$ The traditional concepts o" the tamaita(i #amoa are "orged into our "ibre, $$$ o le i(o i mata o tatou tuagane, we are the "eagaiga, o le pae ma le auli, o tatou o ilamutu, o tama sa o #a(oa Ao$ As #a(o Ao, we have the same status as our matai brothers in the parallel decision ma,ing maota presiding over the governance o" our villages $ 2omen o" #amoa are the "autua the advisers, the power beside, behind 9and sometimes be"ore: the throne$ I" ou decide to marr and enter our husband(s village as the wi"e o" a matai #a(o, ou are the masio"o or the "aletua or tausi with the parallel status and role o" our husband$ I" ou choose to do so, #amoan women ma ma,e themselves available to be bestowed the ;matai title o" their "amilies and ta,e up the responsibilities and duties o" an Alii #a(o or pitovao ma be even a tula"ale "or our "amil $ 6 now, ou get m dri"t< man #amoan women do not need this Constitutional amendment= 3id ou ,now that our education statistics show that in #amoan #econdar #chools, up until 5ear 13, the girls are academicall higher achievers. The pro"essions, including the legal pro"ession are represented e&uall b educated and success"ul women$ 2e have two women -udges now$ The representation o" women in science careers, non traditional "ields such as engineering and the trades is also increasing$ 2omen within the top management, C>? and AC>? o" the public service are e&uall represented$
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@iven this positive bac,ground o" our own tradition and culture, the academic achievements o" women in #amoa, the career achievements and the glowing picture o" women(s success I have 4ust painted, almost no woman in #amoa needs the Constitution Amendment Act 2013= Ad*ocac+% What Ad*ocac+% I was visited b a !h3 research student recentl who as,ed me/ %aiava, what advocac did ou do to achieve this historical amendment to the Constitution$$$to secure this special &uota "or women in politics. % mind "lashed bac, to the man "aces o" ver special women advocates 9some deceased:, who advocated "or the empowerment o" women in #amoa$ I will not name them, "or "ear o" missing an one out$ 0aces and events "lashed through m mind as I recollected some o" the "ollowing/ % "irst paper on the #tatus o" 2omen in #amoa delivered at a Aaw Asia meeting in 0i4i$ 2hen I returned to #amoa there was much negative reaction "rom some #amoan women who thought I was stirring the "irst meeting o" a small group o" #amoan and palagi women, including women law ers who were shoc,ed at the increasing cases o" domestic violence and seBual abuse appearing in the #amoa ?bserver newspaper$ This meeting gave birth to an 8@? called %apusaga o Aiga or "amil haven$ That organisation bro,e ground and did the "irst research ever on domestic violence in #amoa$ 2hen the research was presented publicl , we were lambasted and man in the communit would not accept the "indings$ the "ounding o" the #amoan Association o" 2omen graduates C we were accused o" being elitist and "ia popoto This organisation now provides programmes "or the educational advancement o" oung women$ the "ounding o" other 8@?s to advocate "or the protection o" children, spea,ing "or and on behal" o" those women who have no voice, toda #D#@ has ta,en up the mantle$ I recalled attending the 8airobi Con"erence "or 2omen mid 1+70(s and the establishment o" an international mani"esto to empower women$

m ecstatic 4o at receiving a phone call "rom the late !rime %inister To"ilau >ti Alesana to m o""ice to speciall advise me/ %aiava, ia "ia"ia la(ia o lea o le a"ai le tou %atagaluega mo Tina ma Tamaita(i= I 4umped "or 4o , I cried at the news$ wor,ing with the 8ew Eealand consultants to dra"t the plan o" action "or the initial %inistr o" 2omen$

The shoc,ed "ace o" @reg Cassagrande who wanted to introduce micro "inancing to #amoa$ Fe came to m o""ice and told me about his concept$ I told him it(s a great idea and he sat there stunned$ ?n as,ing what was the matter he said/ I have 4ust visited @overnment ?""icials, business people, the local ban,s, and other prominent people$$$not ?8> o" them supported m idea= Toda #!63 operates all over #amoa$ 2omen have set up small businesses, educated their children and renovated their homes through #!63 micro "inancing$ 2omen who still toda , are not accepted b the commercial 6an,s, "or loan "inance$ the mainstreaming o" gender into @overnment polic "ormulation, gender policies "or %inistr o" Agriculture, seBual harassment policies$ 6eing as,ed b a public servant$$$Is it seBual harassment when m 9married: supervisor as,s me out almost dail , to go out with him "or a drin,. This was all new ground "or both men and women$ promotion o" 1G da s o" Activism against Diolence against 2omen candlelight services against domestic violence, the marches "or peace$ 0or ears %apusaga o Aiga was the onl organisation promoting this activit $ the dra"ting o" two #hadow reports to the H8 C>3A2 Committee and going to the 8ew 5or, meeting as an 8@? representative with two other reps$ promotion o" Convention on the Iights Child,J CIC and teaching, training and "acilitating on the concept o" @ender and the reactions o" some women who said A e leiloa lava %aiava$$$ ever thing is "ine in m corner o" the world

Advocating "or the empowerment o" women to the #amoan communit was made even more di""icult because man women believe I don(t need it$$$ I(m "ine, than, ou ver much=

3uring m stint in !arliament in 1++0s, I did re&uest a 30) &uota$ #hortl a"terwards, as part o" a graduation address at 8H# our part leader and current !%, ,nowing "ull well that 0iame and I were seated directl behind him stated/ These women who want 30) women in the %aota 0ono$$$$30) is 1* and a hal" women$ #o how can we possibl achieve this, unless we "ind hal" a woman to ma,e the 30).= This brought great laughter "rom the audience and too, several da s "or me to "orgive the leader o" m part $

I thought o" the words used to describe me and other advocates/ "a(avevesi atunuu, stirrer "ia palagi, tautalalaiiti not reall #amoan, not reall a tamaita(i #amoa$ To encapsulate all that histor and eBperience o" advocac "or the empowerment o" women in #amoa m answer to the researcher(s &uestion came out as/ $$$I can assure ou, there has been much advocac b man , man women o" #amoa and the concerted e""orts o" the 8@? communit in #amoa wor,ing progressivel since the mid 1+70(s and earlier, "or the empowerment o" women$ This advocac continues toda b man women advocates, 8@?s and also b men who are "orming advocac groups against violence against women$ The empowerment o" women can never be achieved b this &uota alone, it re&uires multi sectoral, multi la ered e""orts in some o" the areas I have mentioned$ 0rom advocac in our own homes, teaching our daughters and sons that girls and women can and deserve to achieve an position in #amoan societ $ #nternational Statistics ,e-resentation of Women International statistics on women in !arliament var "rom countr to countr $ The representation o" women in #amoa(s !arliament is at ') 1 one o" the lowest in the world= 2e are in the same boat as Faiti and some other countries$
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#ince #amoa rati"ied the C>3A2 1 Convention "or the >limination o" 3iscrimination Against 2omen we are obligated to consider special measures such as &uotas to ensure political representation and participation o" women in politics$ In passing the Constitution Amendment Act 2013, #amoa now 4oins the countries who have legislated "or &uotas in !arliament to ensure that there will be at least ' women in !arliament a"ter the neBt general election in 201*$ The Constitution o" #amoa 1+G2 Article 1' prohibits discriminator legislation on the basis o" seB and allows "or $$$ the ma,ing o" an provision "or the protection or advancement o" women or children $$$ ./stacles for Women 2hat then, are some o" the obstacles preventing #amoan women "rom entering politics. 0indset 1 Stereot+-es 1 Attitudes There are several prevailing stereot pes and attitudes held b /oth men and women, that politics is a man(s game, politics is dirt and we should tausi our mamalu b supporting our husbands and not running as candidates ourselves$ !arliament o" #amoa is still a power"ul 6o s onl Club something o" a secret societ that onl men understand the intricacies o"$ It is still the prevailing attitude that a women(s primar duties are to produce children, mother and raise them and not to pursue careers and political ambitions$ #tereot pes and attitudes against the participation o" women in !arliament are most di""icult obstacles to overcome without role models to show that it can be achieved$ Fow can women participate e&uall in politics i" the prevailing o" attitude o" both men and women is ou shouldn(t be there in the "irst place. 2o3 4um/ers of Women 0atai Ta,ing a matai title is an onerous a &uali"ication "or women$ This does not mean that I support the abolition o" matai candidac as a &uali"ication "or politics$ I do not Cthat is the one recommendation "rom the C>3A2 committee that I do not accept$

There"ore i" a #amoan woman is serious about becoming a politician, she must become a matai "irst$ The role o" a matai re&uires genuine commitment to be involved in our "amil , in our village and local governance$ It re&uires time out in the village, attending monthl village meetings, contribution o" services to the village, it re&uires "inancial commitment$ 0or a woman who is married with children, running her own careerJ business or pro"ession and a husband who wants to enter politics the &uestion will alwa s arise as to whether both o" ou can "inanciall a""ord the obligations, time e""ort and resources to attend our matai obligations and be ond that, to enter politics$ 0or a married couple to both devote individual time to their respective matai duties and both run in election campaigns it can cause "riction, deplete our "inancial resources and no matter how supportive one(s husband is,to his wi"e(s e""orts, there are tensions that arise$ I ,now this "rom eBperience having been a bac, bencher in !arliament with m husband as a %inister o" !arliament$ I" a woman is single, o" independent means, childless, then there is more chance that she can a""ord the time, e""ort and mone to be a matai and seriousl commit to her obligations$ ?therwise married women onl consider politics when her children are adults$ Again, this is a price that man women cannot a""ord and do not choose to pa $

,oles5 67-ectations 67-eriences There are seBual roles and eBpectations that onl women can eBecute, such as carr ing children in their wombs and breast"eeding o" children$ 6e ond that, we should understand that girls and women can do and achieve an thing, "rom representing #amoa in rugb , boBing, weightli"ting to being engineers and ta,ing up male dominated trades$ Hn"ortunatel women and girls in #amoa are currentl overrepresented in the abuse statistics the are being beaten, seBuall assaulted, ,illed and raped, o"ten b those who love them or live in the same household$ The #amoa ?bserver is rarel without a stor o" such nature and the scourge o" domestic violence and seBual abuse continues to soar$
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This is ver disturbing and re&uires urgent action and promotion o" women(s rights as human rights$ ?verall, the picture o" the status o" women in #amoa is not completel positive and ros $ Wh+ the 2o3 ,e-resentation of Women in the Parliament of Samoa% Theor+ 1/ Samoan 3omen are not interested in -olitics- because it is dirt 1 it is the lowest status J career one could wish "or$ #amoan women have better things to do than miB with ,ulu,u politicians or become a politician$ #amoan women pre"er to Tausi lana mamalu C to maintain our dignit , ;tausi le "anau, tausi le to(alua$( Another prevalent attitude ta,en m married women is to put their husband(s career "irst/ I" m husband wants to enter politics, I will support him, I will not stand in his wa b tr ing to enter politics m sel"$ This comment made to me b a woman when she heard I had entered as a candidate "or election, in the same general election as m husband, "rom a di""erent constituenc $ Theor+ 2/ 4ot enou)h Women are Qualified to enter -olitics Aet(s consider the &uali"ications "or becoming a %ember o" !arliament/ s. 5. of the Electoral Act defines: Who ma+ /e candidates for election as 0em/ers C 819 #ub4ect to the Constitution and o" this Act a person registered as an elector o" a constituenc and is the holder o" a matai title is &uali"ied to be a candidate and to be elected as a %ember "or that constituenc , and a person who is registered as a voter on the individual voters( roll and is the holder o" a matai title is &uali"ied to be a candidate is a citiLen o" #amoa< and is not dis&uali"ied under the Constitution or o" an Act,

'+ section : 819 839 A person is dis&uali"ied as a candidate, i" he or she/ 9a: loses a &uali"ication re&uired to enable him or her to be registered as an elector o" that constituenc < or 9b: has not resided in #amoa "or a period e&ualling or eBceeding 3 ears ending with the da on which the 8omination paper is lodged with the Commissioner< or
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9c: does not have a statutor declaration in 0orm 1A in the #chedule "rom M 9i: the !ulenuu o" his or her village< or 9ii: an other person determined b the Commissioner, i" the Commissioner is o" the opinion that the !ulenuu is unable to, or cannot properl , provide the statutor declaration,N that the candidate satis"ies the 3 ear residential re&uirement in paragraph 9b: and, unless the Commissioner is satis"ied that the candidate is banished "rom his or her village, satisfies *illa)e ser*ice re;uirements 83A9 0or the purposes o" this section, village service re&uirements means the services a matai renders to his or her *illa)e in accordance 3ith the customs of that -articular *illa)e There are mar,edl "ewer number o" registered women matai than men$ There are a "ew villages that will not allow women to ta,e matai titles, this is unconstitutional and should be challenged legall $ 6asicall , i" women do not ta,e matai titles the can never enter politics, even on the Individual roll$ It is an essential re&uirement to hold a matai title$ Theor+ 3 C 2omen have "ewer resources and less time available to commit to a li"e in politics$ Is it surprising given that women, ma be committed to raising children, wor,ing "ull time, organising the household, where can she "ind time to also be involved in politics. What are Quotas% There are at least three t pes o" &uotas or &uota s stems which are used to address the problem o" under representation o" women in !arliament$ #amoa has chosen the reserved seats method which re&uired a Constitutional Amendment to be enacted because o" the possible increase in the number o" "aipule in !arliament "rom *+ members to '*, in the case that no women succeed b ballot and ' are chosen according to the highest percentage earned in her constituenc $

Ar)uments A)ainst Quotas< We are born equal, we have equal opportunity so women have the same opportunity to enter politics. Quotas are discriminatory and unfair, a back door, an easy way in for women.
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Quotas are undemocratic Women dont want to get in just because they are women Women are not voted in for their merit but just because she is a woman. Ar)uments for Quotas< Women should have a fair share of decision making positions in every sphere of life including politics. Quotas compensate for the obstacles that women face, which are never part of a mans life Women as citizens of amoa have the right to equal representation in !arliament. "lection is about representation not about qualifications...#note that we do not criticise many founding fathers, hardly any of whom had any qualifications other than $ tofa ma le utaga...% The Constitutional Amendment Act 2013 2hat does the Constitutional Amendment 2013 reall mean "or 2omen o" #amoa. At the neBt general election, i" ' or more women are success"ul as candidates on the general roll or individual roll, the Constitutional Amendment Act 2013 will not be invo,ed$ I" onl 1, or * women are elected, the Constitutional Amendment Act will then be invo,ed and "rom the pool o" unsuccess"ul women candidates, those polling the highest percentage o" votes in their constituenc , will be chosen to become %embers o" !arliament$ I" *+ men are elected, ' additional seats "or women will be occupied b women who polled the highest percentage o" votes depending on the electoral roll "or that district in the "irst past the post race$ The total number o" members o" !arliament in that situation will be '*$ I" ' or more women win the election in their constituencies and are success"ull elected in the normal manner, then the number o" members remains at *+$ In this manner, !arliament will have a !arliament which includes ' women at an given time$ Who 4eeds #t%
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To answer the 2ho needs it. &uestion I sa / >ver woman o" #amoa needs this &uota$ 2hether ou are an un&uali"ied, "emale matai or the most &uali"ied, ou need it$ 2hen I was as,ed i" this &uota is a bac, door into !arliament$$$$ I responded 2hether it is a bac, door, side door "ront door entr to !arliament, "ran,l I don(t care$ The women o" #amoa deserve this special measure, the deserve a hand up and the deserve to be given ever opportunit to participate in governance and decision ma,ing at ever level$ There are historicall too man obstacles and stereot pical attitudes that prevent their participation$ 5ou see, a"ter '0 ears o" #amoa(s independence, man ears o" 9continuing: advocac , the highest number o" women ever to ma,e it to !arliament in one session is onl "our$ 0irstl , with To"aeono Anu"esaina, Tavu(i "rom !alauli who later lost their seats to electoral petitions and more recentl , when Fon 0iame 8aomi, Fon @atoloai Amataga @idlow, Fon$ #a"uneituuga !aaga 8eri and 0uimaono Te(i were in !arliament "or "or the 200G1 2011 session o" !arliament$ The danger I see in introducing the &uota at 10) is that research has shown that the brea, point or critical mass needed to overcome institutionalised attitudes is 30), to brea, the glass ceiling(( so to spea,$ There"ore we should view the 10) &uota as the "loor, a mere starting point and not the ceiling= In other words, we should view the &uota as a ,ic, start "or women rather than being the end all solution$ A &uota "or women in politics is a small, positive part o" a holistic approach to women(s empowerment in #amoa$ Conclusion Continuing advocac "or women(s rights, improving the status o" women in #amoa, continues hand in hand with the "ight against seBual abuse and domestic violence$ Improving opportunit "or women simpl means that women should have ever opportunit to enter an sphere o" emplo ment, an sphere o" public service "or that is one o" the ,e aspects o" politics, service to the public$
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!ersonall "or me, there is nothing wrong with accepting a hands up, a special measure, positive discrimination or whatever other description one uses "or this &uota$ Fowever negativel one ma view this &uota "or women #amoa(s @overnment and !rime %inister Tuilaepa 0atialo"a %alielegaoi has ta,en the initiative to recognise one o" its obligations under the C>3A2 convention "or increasing political participation o" women$ I submit to ou that this &uota is absolutel necessar "or the development o" #amoa and the empowerment o" the tamaitai #amoa$ 8o amount o" "ervent advocac , top &uali"ications and achievements can propel women into !arliament sooner or ade&uatel prepare one "or the rigours o" election campaigning, the intrigues o" political manoeuvring and the cut and thrust o" !arliamentar and public li"e$ !olitics is not about &uali"ications$$$it is about representation$ 0or i" ou ta,e up the challenge o" ta,ing a matai title and entering politics, ou are there to represent our "amil 9aiga: our village 9nuu: our constituenc 9 itumalo:$ As a tamatai #amoa ou will sit alongside our "ellow matai and bring the perspectives o" a woman into the %aota at Tia"au$ I" ou happen to have a law degree appl our legal mind to ma,ing laws C remembering alwa s that our "ore"athers and some "ew women, came to the !arliament o" #amoa with nothing more than to"a ma le "aautaga= 9"oresight and wisdom:$ 8ot man i" an "aipule had a tertiar &uali"ication in our "ormative ears, et we became the "irst independent !aci"ic nation in 1+G2= I would li,e close b as,ing ou to believe, in our heart, that women 3? ma,e a di""erence$ Iesearch proves it$$$google it and "ind out$ 2omen(s voices in !arliament have the potential to propel this countr to even greater heights$ The Constitution Amendment Act 2013 was not received with an great "an"are on the da it was passed in !arliament, but neither is there an real ob4ection to it at the grass roots village level$ 0rom m discussions with other matai, women and oung people it has been accepted without much debate or &uer $ There are man reasons "or that too=
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All in all, I do believe #amoa(s political stabilit and harmon will be enhanced b the e&ual representation o" women in !arliament$ % eBperience in the %aota at Tia"au was un"orgettable$ The opportunit to serve, debate in the Chamber, the issues o" the da and provide an insight not 4ust "rom being a matai, but as a law er and a woman is priceless$ !ublic service is not a glamour 4ob$ 6eing a public "igure, being involved in the intrigues o" a political part and a @overnment that has been in power "or over 2' ears is &uite amaLing and rewarding$ #o to return to m initial &uestion$$$ who needs it. Aadies and gentlemen, our daughters need it, our sisters, mothers need it $$$ 2e, all o" us do= There is a #amoan re"erence/ aua e te melea le manuia$$ $$$ to ever one here toda I emphasise that sa ing, let us accept the blessing o""ered to the women o" #amoa b the Constitution Amendment Act 2013$ A ,e , an opportunit has been handed to the women o" #amoa, ia tatou "etago"i loa e "aaaoga mo le manuia o le atunuu=

#oi"ua ma ia manuia$

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