Pago Pago, AMERICAN SAMOA — While there are laws in Samoa aimed at increasing women's participation and representation in government, Executive Director of the Office of Political Status, Constitutional Review, & Federal Relations Tapa’au Dan Aga says there are none in the Fono to his knowledge.

Tapa’au was responding to Samoa News questions regarding the current lack of women in the House of Representatives, after the only woman in the local House of Representatives, Andra Samoa was unseated by a High Chief of Leone Fiu Johnny Saelua.

According to Tapa’au, since 1948, thirteen women have been members of the Legislature, mostly by way of Senate and some as Representatives in the House.

The only woman in the current Legislature — the Senate — is Fonoti Tafa’ifa whose term will come to an end by 2024.

Senators are appointed from the respective constituencies every four years while for the House of Representatives delegates are voted in every two years.

“I don't know of any state or territory that uses Legislative Quotas for women.

“There may be local laws aimed at increasing women's participation and representation but none in the Fono to my knowledge.

“And when there are numerous villages who do not allow or support women as matai, we will continue to see very few women in the Senate,” said Tapa’au.

He further pointed out of the 129 delegates at the Constitutional Convention, there were only five women.

“What is unique about American Samoa is that education is not one of the main barriers to representation in the Fono.

“The percentage of women attaining high school education and higher education is easily equal to men,” said Tapa’au.  

“As someone who spent many years as a teacher, I might even say women may exceed men in attaining their educational goals.

“But women are still the most responsible for the well-being of a family.

“This is true of all Polynesian societies. “The burden and responsibility falls on the mother.  

“That makes it harder for women to find the resources and availability to run for public office.”

Adding that financing is an issue when it comes to campaigning purposes. 

“Of course you have to look at financing. Are women able to fund-raise for campaigning like men? These are skills women need to learn and develop if they expect to have successful runs.”

According to Tapa’au and according to the literature, when women are better represented in legislatures, there is more policy development having to do with the safety and health of families.  

“So I would want to evaluate the legislative agenda of the last 10-15  years and see how much attention has been paid to women and family issues.

“Would the Fono with no women be willing or driven to do this?  Or would it take a higher representation of women?

“But quotas for women probably won't get support. In the US, they use quotas for political parties and candidates sometimes, but not as a required % of Representatives or Senators.

“When we proposed the women's amendment for the Constitution, some committee members brought up the entire spectrum of gender identity (LGBTQ).  

“The message became "if you can't help everyone, then we shouldn't just focus on women."

“But by maintaining the status quo, the bias against women was perpetuated — whether the biases are attitudinal or structural.”

BACKGROUND

During the Constitutional Review Committee forum held in June there was an amendment increasing women's representation, as the American Samoa Constitution does not state as a value the people's commitment to women's inclusion in security and justice.

This amendment did not make it past committee.

The issue — which is noted as gender inequality — was at the center of discussions in a set of workshops conducted by the Department of Youth and Women Affairs with women between the ages of 18-35, and dealt directly with the Women's amendment to be included in the preamble of the American Samoa constitution.

According to the review, the American Samoa Constitution does not state as a value, the people's commitment to women's inclusion in security and justice.

The general memorandum of the resumption of the constitutional review committee meeting stated the proposed amendment would add such a statement to the preamble with the intention of raising and improving the status of women in American Samoa.

The Director of the Department of Youth and Women Affairs, Dr Salote Auelua-Fanene at that time said during the series of discussions it was cited that the preamble does not include an inclusive view specifically for women.

"Their interpretations, their feelings and understanding of the preamble —  they claim it doesn't" include women.

"I want to be their voice, so they can be heard as they are not present," said the DYWA director. Adding women are adamant about their position.

There were over eight sessions on this issue and all the women participants shared the same views.

The women want to see more women represented in the Legislature but they do not support the mandated quota.

"They feel there should be other means for them to be voted into office,” Dr Salote said. “They do not support the quota and want to enter based on their credentials and the support of their family members and constituents.”

"But they do feel like we [women] are lacking security and inclusion in many other areas,” Dr Salote pointed out, noting the increasing violence against women and if it’s written that means the women must be protected.

"They [the women] don't see it and it should be included in the preamble," she said.

CONCON REVIEW HEARING DISCUSSION

"The opportunity for us women to compete in public office is not limited under our constitution, but the proposed change that I accept is the inclusion of women in cultural aspects — as there are villages that ban women from becoming Chiefs," said Tauaisafune Nuuausala at the Constitutional Review Committee hearing.

Speaking from her personal experience, Tauaisafune, who is a Chief in her family, said it was a difficult journey she took to become a Chief.

"The complexity of the issue is the mindset that men have that women shouldn't be afforded the opportunity to be a Chief,” she said.

Tauaisafune referenced earlier comments by Tapa'au Dr Dan Aga, emphasizing the Samoan proverb "E au le inailau a tamaitai" which means the women’s row of thatch was completed, referring to the strength of women. She said women will go the extra mile to do what she believes should be done.

Adding that laws should be in place to eliminate the barrier for women to become Chiefs in their respective villages and districts. She believes this is why there is such a small number of women that want to run in the general election.

"The opportunity is there but there is a cultural demise that is holding us [back] and because this thinking is so general among the men, that is the reason why we pull back," said Tauaisafune.

She pointed out that churches are leaning toward acknowledging and allowing women to take leadership roles and to take courses to become church pastors.

"Why is it hard for the villages/ districts to accept us women to become Chiefs?" asked Tauaisafune.

The audience heard that being a woman Chief is a "blessing. Men rely on women for a lot of things as we are the ones that act on what the men need in families and villages. “I accept the inclusion of women on the cultural aspect that women should be more included in the village affairs,” she said.

Regarding justice and security of women, Tauaisafune said laws are already in place to address those issues.

Tofoiatufa Sandra King Young, the American Samoa Medicaid Director addressed the preamble of the Constitution as the philosophy on which it is founded, offering this point of view — "Inserting “the women” into the preamble, I don't agree with.

“I believe inclusion, security, and justice should be afforded to everyone, not just women.

"What about our children, nonresidents, LGBTQ, in what I've seen, I don't feel we should separate the women as a gender in the preamble of the Constitution. Instead, we should say all people,” she stated.

Adding that issues such as safety, and domestic violence against women should be legislated.

"However the equality of all people in American Samoa should be the philosophy written into our Constitution, because it is the highest document that we look for long-standing principles that guide us no matter the changes of time or generations, they are endless; therefore when we talk about equality and opportunity I only want to share [that] the wording of the preamble should be inclusive of everybody," said Tofoiatufa.