Samoa 1962 Constitution (reviewed 2017)

PART II. FUNDAMENTAL RIGHTS

3. Definition of the State

In this Part, unless the context otherwise requires, “the State” includes the Head of State, Cabinet, Parliament and all local and other authorities established under any law.

4. Remedies for enforcement of rights

1. Any person may apply to the Supreme Court by appropriate proceedings to enforce the rights conferred under the provisions of this Part.
2. The Supreme Court shall have power to make all such orders as may be necessary and appropriate to secure to the applicant the enjoyment of any of the rights conferred under the provisions of this Part.

5. Right to life

1. No person shall be deprived of his or her life intentionally, except in the execution of a sentence of a court following his or her conviction of an offence for which this penalty is provided by Act.
2. Deprivation of life shall not be regarded as having been inflicted in contravention of the provisions of this Article when it results from the use of force to such extent and in such circumstances as are prescribed by law and as are reasonably justifiable
   1. in defence of any person from violence; or
   2. in order to effect an arrest or to prevent the escape of a person detained, if the person who is being arrested or who is escaping is believed on reasonable grounds to be in possession of a firearm; or
   3. for the purpose of suppressing a riot, insurrection or mutiny.

6. Right to personal liberty

1. No person shall be deprived of his or her personal liberty except in accordance with law.
2. Where complaint is made to the Supreme Court that a person is being unlawfully detained, the Court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him or her to be produced before the Court and shall release him.
3. Every person who is arrested shall be informed promptly of the grounds of his or her arrest and of any charge against him or her and shall be allowed to consult a legal practitioner of his or her own choice without delay.
4. Every person who is arrested or otherwise detained shall be produced before a Judge of the Supreme Court, some other judicial officer, the Registrar of the Supreme Court or of any subordinate Court or any Assistant Registrar of the Supreme Court or of any subordinate Court from time to time approved in writing for this purpose by the Registrar of the Supreme Court (herein-after collectively referred to as “remanding officers”) within a period of twenty-four hours (excluding the time of any necessary journey), and no such person shall be detained beyond that period without the authority of one of the remanding officers.

7. Freedom from inhuman treatment

No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

8. Freedom from forced labour

1. No person shall be required to perform forced or compulsory labour.
2. For the purposes of this Article, the term “forced or compulsory labour” shall not include
   1. any work required to be done in consequence of a sentence of a court; or
   2. any service of a military character or, in the case of conscientious objectors, service exacted instead of compulsory military service; or
   3. any service exacted in case of an emergency or calamity threatening the life or well-being of the community; or
   4. any work or service which is required by Samoan custom or which forms part of normal civic obligations.

9. Right to a fair trial

1. In the determination of his or her civil rights and obligations or of any charge against him or her for any offence, every person is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established under the law. Judgement shall be pronounced in public, but the public and representatives of news service may be excluded from all or part of the trial in the interests of morals, public order or national security, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Nothing in clause (1) shall invalidate any law by reason only that it confers upon a tribunal, Minister or other authority power to determine questions arising in the administration of any law that affect or may affect the civil rights of any person.
3. Every person charged with an offence shall be presumed innocent until proved guilty according to law.
4. Every person charged with an offence has the following minimum rights:
   1. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him:
   2. to have adequate time and facilities for the preparation of his or her defence:
   3. to defend himself or herself in person or through legal assistance of his or her own choosing and, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require:
   4. to examine or have examined witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him:
   5. to have the free assistance of an interpreter, if any doubt exists as to whether he can understand or speak the language used in court.
5. No person accused of any offence shall be compelled to be a witness against himself or herself.

10. Rights concerning criminal law

1. No person shall be convicted of an offence other than an offence defined by law.
2. No person shall be held guilty of any offence on account of any act or omission which did not constitute an offence at the time when it was committed; nor shall a heavier penalty be imposed than the one that was applicable at the time that the offence was committed.
3. No person who has been tried for any offence shall, after conviction or acquittal, again be tried for that offence except
   1. where a retrial is ordered or conducted by a court or judicial officer exercising a jurisdiction superior to that under which that person was acquitted or convicted; or
   2. in the case of a conviction entered in a trial conducted by a Judge or Judges of the Supreme Court, where a retrial is ordered by a Judge of that Court on an application made within fourteen days of that conviction.

11. Freedom of religion

1. Every person has the right to freedom of thought, conscience and religion; this right includes freedom to change his or her religion or belief, and freedom, either alone or in community with others, and, in public or private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance.
2. Nothing in clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that clause in the interests of national security or of public order, health or morals, or for protecting the rights and freedom of others, including their rights and freedom to observe and practice their religion without the unsolicited interference of members of other religions.

12. Rights concerning religious instruction

1. No person attending any educational institution shall be required to receive religious instruction or take part in any religious ceremony or attend religious worship, if that instruction, ceremony or worship relates to a religion other than his or her own.
2. Every religious community or denomination shall have the right to establish and maintain educational institutions of its own choice and to provide therein religious instruction for pupils of that community or denomination.
3. Nothing in clause (2) shall prevent the State from making any law requiring the inspection of educational institutions and the maintenance therein of standards in keeping with the general educational level in Samoa.

13. Rights regarding freedom of speech, assembly, association, movement and residence

1. All citizens of Samoa shall have the right
   1. to freedom of speech and expression; and
   2. to assemble peaceably and without arms; and
   3. to form associations or unions; and
   4. to move freely throughout Samoa and to reside in any part thereof.
2. Nothing in subclause (a) of clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that subclause in the interests of national security, friendly relations with other States, or public order or morals, for protecting the privileges of the Legislative Assembly, for preventing the disclosure of information received in confidence, or for preventing contempt of court, defamation or incitement to any offence.
3. Nothing in subclauses (b) or (c) of clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of either or both of the rights conferred under the provisions of those subclauses in the interests of national security or public order, health or morals.
4. Nothing in subclause (d) of clause (1) shall affect the operation of any existing law or prevent the State from making any law in so far as that existing law or the law so made imposes reasonable restrictions on the exercise of the right conferred under the provisions of that subclause in the interests of national security, the economic well-being of Samoa, or public order, health or morals, for detaining persons of unsound mind, for preventing any offence, for the arrest and trial of persons charged with offences, or for punishing offenders.

14. Rights regarding property

1. No property shall be taken possession of compulsorily, and no right over or interest in any property shall be acquired compulsorily, except under the law which, of itself or when read with any other law
   1. requires the payment within a reasonable time of adequate compensation therefore; and
   2. gives to any person claiming that compensation a right of access, for the determination of his or her interest in the property and the amount of compensation, to the Supreme Court; and
   3. gives to any party to proceedings in the Supreme Court relating to such a claim the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
2. Nothing in this Article shall be construed as affecting any general law
   1. for the imposition or enforcement of any tax, rate or duty; or
   2. for the imposition of penalties or forfeitures for breach of the law, whether under civil process or after conviction of an offence; or
   3. relating to leases, tenancies, mortgages, charges, bills of sale, or any other rights or obligations arising out of contracts; or
   4. relating to the vesting and administration of the property of persons adjudged bankrupt or otherwise declared insolvent, of infants or persons suffering under some physical or mental disability, of deceased persons, and of companies, other corporate bodies and unincorporated societies, in the course of being wound up; or
   5. relating to the execution of judgements or orders of courts; or
   6. providing for the taking of possession of property which is in a dangerous state or is injurious to the health of human beings, plants or animals; or
   7. relating to trusts and trustees; or
   8. relating to the limitation of actions; or
   9. relating to property vested in statutory corporations; or
   10. relating to the temporary taking of possession of property for the purposes of any examination, investigation or inquiry; or
   11. providing for the carrying out of work on land for the purpose of soil conservation or for the protection of water catchment areas.

15. Freedom from discriminatory legislation

1. All persons are equal before the law and entitled to equal protection under the law.
2. Except as expressly authorised under the provisions of this Constitution, no law and no executive or administrative action of the State shall, either expressly or in its practical application, subject any person or persons to any disability or restriction or confer on any person or persons any privilege or advantage on grounds only of descent, sex, language, religion, political or other opinion, social origin, place of birth, family status, or any of them.
3. Nothing in this Article shall
   1. prevent the prescription of qualifications for the service of Samoa or the service of a body corporate directly established under the law; or
   2. prevent the making of any provision for the protection or advancement of women or children or of any socially or educationally retarded class of persons.
4. Nothing in this Article shall affect the operation of any existing law or the maintenance by the State of any executive or administrative practice being observed on Independence Day:Provided that the State shall direct its policy towards the progressive removal of any disability or restriction which has been imposed on any of the grounds referred to in clause (2) and of any privilege or advantage which has been conferred on any of those grounds.