The Constitutional Crisis in Samoa

Some Reflections from a New Zealand-born Perspective

By Rene S. Maiava – MTh programme at Pacific Theological College, Suva

To all my Samoan family and friends and those of Samoan ancestry, tulou lava fa’amolemole (please excuse me). What follows is my New Zealand-born Samoan perspective on the constitutional crisis in Samoa following the elections on 9 April 2021.

For those readers unfamiliar with our region, Samoa is an independent island nation in the South Pacific Sea. Its motto is Faavae i le Atua Samoa (Samoa is founded on God) and nearly 90% of its 200,000 population identifies as Christian.1 Since independence in 1962, a Westminster parliamentary system of government has been in place with the unique Samoan feature that only those who hold chiefly titles can be elected. There are 51 seats in the parliament of Samoa.

As a theological student based in the Pacific, Suva at present, I have been keenly following the elections through online news feeds, interviews with experts and social media. I write with the prayerful concerns for the homeland of my ancestors and birthplace of my parents, uncles, aunts, and cousins. It is in this spirit that I watched the political strategising presenting to the world a side of Samoa that is unfortunate. This political episode does not accurately represent the character and strength Samoan leaders can have and do action. The Prime Minister elect Fiame Naomi Mata’afa of the Fa’atuatua i le Atua Samoa ua Tasi (FAST; in English: "Faith in the One God of Samoa”) party gives us an example. In making that statement, I am imagining the the previously elected government supporters to have disengaged. And, I do understand, a prominent characteristic of Samoan people, my people, is our loyalty to those we believe in and have relationship with.

Growing up in West Auckland, I would overhear my elders speak of politics in the homeland, not understanding the words as much as intuiting their body language. The two cultures my siblings and I were part of meant we were children of two worlds, like that of most diaspora communities. We knew in part and were partly known. Samoa, we came to know in part, the distant Pacific homeland of our parents. Through them and our relatives, we identified ourselves as Samoan, ‘plastic’ to some and ‘coconuts’ to others, but nonetheless, that was our biology and understanding of how to be in relationships and in the world.

My parents and elders modelled the loyalty that Samoans show towards those they love and believe in. It is how I can make sense of the political allegiance many Samoans are showing to the previous Prime Minister who has had the position for 23 years and his political party, Human Rights Protection Party (HRPP), that has been in power for nearly 40 years.

To give a brief overview of what transpired post-election, the results had FAST, the newcomer at less than a year of being registered, and HRPP tied with 25 seats each. The one independent decided to commit to FAST, giving them the electoral victory. Much political wrangling occurred for HRPP to try and put in place an extra seat based on the minimum number of women required within parliament. The Supreme Court became heavily involved with petitions being made by both sides. On 17 May the Supreme Court voided the extra women’s seat giving the election victory to FAST, with 26 seats. Under the constitution, parliament must sit within 45 days of an election, the last day was 24 May.

With the Supreme Court’s decision, it seemed that all would be well now. I sat back and imagined the new era Samoa was entering into with its first female Prime Minister-elect Fiame Naomi Mata’afa, she would also be the first female Polynesian Prime Minister. It could be a new dawn for women in positions of power within the Pacific, the gender disparity in leadership roles could be closing in Samoa. These were exciting thoughts to behold.

As we all came to discover, sadly, that was not the end. The previous PM and HRPP were not ready to relinquish power. The Head of State, who holds the power to dissolve Parliament in certain circumstances, two days prior proclaimed a suspension of parliament until further notice, with no reasons provided. The FAST party responded the next day with an urgent call for the Supreme Court to hear their challenge to the Head of State's new edict, which the court ruled as unlawful. It should have been that parliament sat the next day.

Previous PM Tuilaepa Sailele Malielegaoi https://www.samoagovt.ws/directories/prime-minister/

“It could be a new dawn for women in positions of power within the Pacific, the gender disparity in leadership roles could be closing in Samoa.”

This too did not come to pass, instead what live streamed across the globe was the Chief Justice Satiu Simativa Perese, the elected PM and the FAST party attending parliament house to find the doors locked. The obvious desire to keep power was on full display with many of us watching on from distant shores in disbelief.

Unrelenting, the elected PM named her Cabinet on 24 May, and the ceremony was held in a large marquee tent erected on the parliament grounds. The days that have passed has not dismissed the ad-hoc ceremony despite the HRPP party not being there, or the Judiciary, the Speaker, or the Head of State and with the appointed clerk of parliament part of FAST's main legal counsel.

In the 3 weeks that have passed, who is leading Samoa is still uncertain. Many have fasted and prayed for there to be a peaceful transition of power, and for it to happen soon. We are continuing to wait as the previous PM and his party, HRPP, will not concede.

It is my observation, that the current constitutional crisis has at its core the wilful disregard for the process that allowed the previous PM and his party to hold power for those many years. Experts in politics around the globe are desirous for the rule of law to be upheld, which is, in my amateur translation, for the elected Prime Minister and her cabinet to act in their rightly appointed positions of leading the Samoan nation. For the newly elected leaders to be unhindered in carrying out their roles and responsibilities.

Certainly, the global political climate, of late, has seen outrageous political manoeuvres to benefit those in power. This cannot be the rising trend political and national leaders choose to follow when they have lost their positions of power. It leads me to question the way biblical principles are being interpreted by the people of God going against ‘authorities’ or the rule of law. Particularly, as they are disregarding the welfare of the people in doing so.

It is distressing for me as a Samoan and Christian in diaspora to witness the tug-of-war for power that appears unnecessary. I can only imagine what Samoan citizens living there and overseas must be experiencing as the nation continues to wait for an official resignation from the party that did officially lose the election. If the previous PM is unwilling to step down as a result of the election results reflecting the voices of the Samoan people, perhaps world leaders endorsing the elected PM in her new role will convince him?

Until the new government is in place, my prayers continue for Samoa to be found as, founded upon God. What an amazing testimony it would be, having a peaceful transition of power after so much politics. Samoa as a nation could emanate to the world the love of God the Father in Christ Jesus by the power of the Holy Spirit through the peaceful resolve of this current constitutional crisis. Amen.

The new Prime Minister, Hon. Fiame Naomi Mataafa. She signs in as Samoa's seventh Prime Minister and first female PM for Samoa. Image by Fast Party.