15 Dec 2020

Samoa parliament passes much criticised constitutional reforms

6:40 pm on 15 December 2020

Samoa's parliament has passed three laws that fundamentally alter the country's constitution and judicial system.

The proposals were widely condemned by lawyers and judges, and saw several MPs - including the former deputy prime minister Fiame Naomi Mata'afa - leave the ruling party.

Samoa's parliament

Samoa's parliament Photo: RNZ Pacific /Autagavaia Tipi Autagavaia

But in Tuesday's sitting of parliament, they passed with the support of 41 MPs from the Human Rights Protection Party with only one amendment - a plan to cap at five the number of high chiefs in a family was removed.

The new laws elevate the Land and Titles Court - which deals with customary land and matai disputes - into a stand-alone judiciary equal in standing to the Supreme Court, which removes the high court as an avenue of appeal.

Proponents said it bolstered Samoan custom and land rights into the judicial system.

But critics said the drastic changes were rushed through with little consultation, and they undermine the rule of law and oversight.