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Rameka v New Zealand
Rameka v New Zealand was a challenge to New Zealand’s preventive detention regime. It was also the first case where the Human Rights Committee found that New Zealand had breached the International Covenant on Civil and Political Rights. The Committee found that New Zealand had breached article 9(4) of the ICCPR in relation to one of the three authors of the communication. This was because he did not have the power to take proceedings to challenge the lawfulness of his detention. The decision was notable because of the substantial disagreement amongst Committee members. Commentator Claudia Geiringer has noted that Rameka highlights how consensus decision making can lead to “lowest common denominator” outcomes.

LGBT Rights in Samoa
In recent years, Samoa has taken certain steps to protect the rights of LGBT people. However, it continues to criminalise consensual sex between men. Samoan law also fails to adequately protect against discrimination on the basis of sexual orientation, gender identity and intersex status in all areas of public life and continues to not provide any legal rights to same-sex couples.

Samoa's third gender
Fa'afafine are people who identify themselves as a third-gender in Samoa, American Samoa and the Samoan diaspora. A recognized gender identity/gender role since at least the early 20th century in Samoan society, and some theorize an integral part of traditional Samoan culture, fa'afafine are assigned male at birth, and explicitly embody both gender traits, ranging from extravagantly feminine to conventionally masculine. The Ombudsman’s first National State of Human Rights Report, released in August 2015 referred to fa’afafine as “the third gender that has always existed in Samoa” and noted “their hard work and dedication to the family in carrying out both roles and responsibilities for men and women”.

The Society of Fa'afafine in American Samoa or "The Sosaiete o Fa’afafine in American Samoa" (S.O.F.I.A.S) is an organization designed to foster collaboration between the fa'afafine and the LGBTQI+ communities in both American Samoa, the Asia Pacific region, and the world. SOFIAS describes itself as an organization dedicated to balancing both Samoan values with western influences and aims to promote a positive attitude toward the Samoan fa'afafine community.

The Samoa Fa'afafine Association (SFA), organizes the Miss Fa'afafine pageant as a means to generate funds for their community work, but also to raise awareness of various human rights issues, especially their push for Samoan laws banning homosexuality to be repealed.

Some fa’afafine report that their gender identity is accepted and respected by their families and communities. However, there is significantly higher resistance to fa’afafine affirming or displaying their sexual orientation (e.g. by living with male partners), as this is regarded as contravening Christian religious norms which remain highly influential in Samoa. There are also reports of gender non-conforming young people facing physical violence and verbal abuse from family members and other members of the community, including in the education environment.

In June 2010, the Samoa Law Reform Commission, in its report to the Prime Minister, recommended “repealing all criminal penalties attached to the criminal offence of sodomy and related acts conducted in private between consenting adult males.” The Commission noted that legalization received support in the majority of public submissions.

Sexual orientation
Samoa has very limited protections against sexual orientation. However, Section 20(2) of the Labour and Employment Relations Act 2013 prohibits direct and indirect discrimination on the basis of sexual orientation against an employee or applicant for employment in any employment policies, procedure or practices. Crimes motivated by sexual orientation and/or gender identity are criminalized under Section 7(1)(h) of the Sentencing Act 2016.

Gender identity/expression
Samoa is a lot more progressive in terms of gender identity and expression as it has a large transgender or "third-gender" community called the Fa'afafine. Fa'afafine are a recognized part of traditional Samoan customs, allowing for transgender people in particular trans women to be accepted as they have always been a part of Samoan culture. On 1 May 2013, Samoa repealed criminal provisions prohibiting males ‘impersonating’ females. The Crimes Act 2013, removes provisions contained in the previous Crimes Ordinance 1961 which criminalised males ‘impersonating’ females in a public place, and which could be used to target transgender women and gender-diverse people.

In 2011, Samoa signed a joint statement issued during a general debate of the UNHRC, on ending acts of violence and Related human rights violations based on sexual orientation and gender identity. By signing the joint statement, Samoa has made a commitment to the international community that it recognises the particular challenges faced by LGBTI people when examined through a human rights lens and it will endevour to end violence, criminal sanctions and related human right violations based on sexual orientation and gender identity.

Criticism of Samoa's LGBT rights
The LGBT rights of Samoa have been examined by the Universal Periodic Review (UPR) Working Group through a mechanism of the United Nations (UN) Human Rights Council (HRC) that was created in the 2005 UN reform process. The UPR was established alongside the Human Rights Council by General Assembly resolution 60/251 on the 15 March 2006. The UPR's purpose is to periodically examine the human rights performance of all 193 UN Member States. It is intended to complement the work of other human rights mechanisms, including the UN human rights treaty bodies to prompt, support, and expand the promotion and protection of human rights. To achieve this, the UPR assesses human rights records of countries, addressing violations wherever they occur, in order to give recommendations to help improve and ensure the enjoyment of human rights for all. The UPR also aims to provide technical assistance to States enhancing their capacity to deal effectively with human rights challenges and to share best practices in the field of human rights among States and other stakeholders. The Working Group on the UPR, which is composed of the HRC’s 47 Member States and chaired by the HRC President, conducts country reviews in cycles, With Samoa currently due for its Third cycle review in May 2026.

First cycle UPR recommendations on sexual orientation and gender identity in Samoa
The Human Rights Council in the first cycle Universal Periodic Review of Samoa, rejected three level 5 recommendations by Canada, France and Norway to act immediately to repeal all legal provisions criminalizing sexual activity between consenting adults, and investigate discrimination based on sexual orientation and gender identity in order to fulfil its commitment to equality and non-discrimination. However, despite Samoa’s rejections, it did accept a level 2 soft recommendation by the United States to continue its reconsideration of decriminalizing same-sex sexual activity, with the UPR going on to state:

"“Samoa noted the gaps and weaknesses in its legislative framework on upholding equality and non-discrimination based on sexual orientation, and that relevant legislation was being reviewed by the Samoa Law Reform Commission. Samoa indicated that Fa'afafine, gays and lesbians were integral members of Samoan society and were heirs to family chiefly titles and lands through extended family consensus, as done for all men and women of its society. However, sexual orientation was a sensitive issue in Samoa given the religious and cultural beliefs of mainstream society. Nonetheless, Samoa was confident that education, awareness and sensitisation would pave the way for societal acceptance and prevention of discrimination that might arise out of sexual orientation”"

Second cycle UPR recommendations on sexual orientation and gender identity in Samoa
The recommendations of the second cycle report reflect increased concerns surrounding the lack of LGBT rights for Samoan Individuals, as nearly twice as many countries put forward actions for Samoa to consider, with countries such as Naw Zealand commending Samoa on its progress in increasing participation by women in Parliament and government leadership positions but noting that further work was required in the area of lesbian, gay, bisexual and transgender rights. In response, Samoa only accepted the recommendation of Slovenia to reduce violence against females, sexual orientation and gender identity, taking note of the other proposals but ultimately rejecting them they went on to express:

"“The Constitution of Samoa declares the protection of fundamental rights and individual freedoms, regardless of gender. Decriminalizing sexual activity of sodomy and the repeal of all provisions criminalizing homosexual relations are not possible at this time because of cultural sensitivities and Christian beliefs of the Samoan society. The acceptance of this recommendation will go against the spirit of our Constitution which is founded on Christian principles. Consequently, Samoa notes these recommendations."

Samoa's National Human Rights Institute
The National Human Rights Institute (NHRI) of Samoa was officially launched on International Human Rights Day, 10 September 2013, after the Samoan parliament passed the Ombudsman (Komesina O Sulufaiga) Act 2013. The NHRI operates out of the Office of the Ombudsman and helps monitor, advise and report human rights issues, as well as raise awareness of individual rights and responsibilities amongst the population to promote good governance and prevent human right violations in Samoa.

The establishment of the NHRI was met with worldwide approval as the Pacific Islands Forum Secretariat applauded the government of Samoa for promoting public awarness of human rights and efforts to combat all forms of discrimination through proper reporting of alleged violations and better education. The UN commended Samoa's achievement as a milestone not only for the county but for the region as a whole as the creation of a national human rights institute marks Samoa’s accession to the rank of countries which regard the enjoyment of people’s human rights and freedoms among their most essential priorities, launching a precedent that can be looked up to by all of Oceania.

It is notable that the State’s first human rights overview | “For Samoa by Samoa”, makes no mention or reference to sexual orientation and gender identity, including the Fa'afafine population, even though there is a LGBT presence on the NHRI’s Advisory Council. Recently there has been a number of NGO submissions concentrated on decriminalisation, LGBT youth issues and partnership rights for LGBT people in Samoa, with current advocates focused on increasing institutional and public comprehension of what non-discrimination based on sexual orientation and gender expression would look like.