- Homosexuality
- ⚢Ambiguous
- Gay Marriage
- ⚭✖ Unrecognized
- Censorship
- ✖ State-enforced
- Changing Gender
- Unknown
- Gender-Affirming Care
- N/A
- Non-Binary Gender Recognition
- Unknown
- Hate Crime Protections
- Ambiguous
- Discrimination
- Ambiguous
- Employment Discrimination
- Ambiguous
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- Unknown
- Military
- N/A
- Donating Blood
- Unknown
- Conversion Therapy
- Unknown
- Age of Consent
- Unknown
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Public Opinion
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Homosexual activity in Va'a-o-Fonoti is ambiguous.
Current status
Since 1961
Ambiguous under federal Samoa law
Male homosexuality is criminalised in Samoa with up to 5 years in prison, but female homosexuality is legal.
However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.
However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.
Same-sex marriage in Va'a-o-Fonoti is unrecognized.
Current status
Unrecognized under federal Samoa law
Homosexuality is currently illegal.
Censorship of LGBT issues in Va'a-o-Fonoti is state-enforced.
Current status
Since May 1, 2013
State-enforced under federal Samoa law
In 2013, Samoa removed Section 58N from its Crimes Act, decriminalising “female impersonation”, which targeted the indigenous Fa’afafine population.
Despite this, there have been at least two cases of films with LGBT content getting banned from screening in the country over incompatibility with the country's laws and values.
Despite this, there have been at least two cases of films with LGBT content getting banned from screening in the country over incompatibility with the country's laws and values.
Right to change legal gender in Va'a-o-Fonoti is unknown.
Current status
Unknown
Gender-affirming care in Va'a-o-Fonoti is n/a.
Current status
N/A under federal Samoa law
Samoa only has about 120 medical doctors in the entire country, and is below the WHO's target minimum of 200. Gender-affirming care is therefore absent, though it is not banned.
Legal recognition of non-binary gender in Va'a-o-Fonoti is unknown.
Current status
Unknown
Hate crime protections in Va'a-o-Fonoti is ambiguous.
Current status
Since Nov 1, 2016
Ambiguous under federal Samoa law
Section 7(1)(h) of the Sentencing Act (2016) states that in sentencing or otherwise dealing with a defendant, the court must take into account that the defendant committed the offence partly or wholly because of hostility towards a group of persons who have an enduring common characteristic such as race, colour, nationality, religion, gender identity, sexual orientation, age, or disability.
However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.
However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.
LGBT discrimination in Va'a-o-Fonoti is ambiguous.
Current status
Since 2007
Ambiguous under federal Samoa law
Explicit legal protections under:
-Mental Health Act (2007): sexual preference or sexual orientation.
-Labour and Employment Relations Act (2013): sex, gender, sexual orientation.
-Sentencing Act (2016): gender identity and sexual orientation (Aggravating factor).
However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.
As an example, Samoan villages have banned people of certain ethnicities or religions from setting up stores or have even banished those groups entirely, despite national law officially forbidding discrimination based on ethnicity or religion.
-Mental Health Act (2007): sexual preference or sexual orientation.
-Labour and Employment Relations Act (2013): sex, gender, sexual orientation.
-Sentencing Act (2016): gender identity and sexual orientation (Aggravating factor).
However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.
As an example, Samoan villages have banned people of certain ethnicities or religions from setting up stores or have even banished those groups entirely, despite national law officially forbidding discrimination based on ethnicity or religion.
LGBT employment discrimination in Va'a-o-Fonoti is ambiguous.
Current status
Since Jan 1, 2013
Ambiguous under federal Samoa law
Under the Labour and Employment Relations Act (2013). Article 20 on Fundamental rights and principles (2) A person must not discriminate, directly or indirectly, against an employee or an applicant for employment in any employment policies, procedures or practices on1 or more arbitrary grounds, including sex, gender, sexual orientation, real or perceived HIV status, among others.
However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.
However, Samoan customary law in village lands is not required to be constitutional to be registered, nor does it even need to be registered to be enforceable. Cases dealing with customary law can only be appealed to the Land and Titles Court while Supreme Court and Court of Appeal decisions do not have any binding authority.
LGBT housing discrimination in Va'a-o-Fonoti is no protections.
Current status
No protections under federal Samoa law
According to the ilga database there are no protections for LGBTIAQ+ people against housing discrimination in Samoa.
Same-sex adoption in Va'a-o-Fonoti is single only.
Current status
Single only under federal Samoa law
In Samoa, same sex couples can't adopt but any single women could adopt which does include LGBTIAQ+ single women.
Intersex infant surgery in Va'a-o-Fonoti is unknown.
Current status
Unknown
Serving openly in military in Va'a-o-Fonoti is n/a.
Current status
Since Aug 1, 1962
N/A under federal Samoa law
Samoa does not have a military. They are protected by New Zealand through an informal pact known as the Treaty of Friendship.
Blood donations by MSMs in Va'a-o-Fonoti is unknown.
Current status
Unknown
Conversion therapy in Va'a-o-Fonoti is unknown.
Current status
Unknown
Equal age of consent in Va'a-o-Fonoti is unknown.
Current status
Unknown
Equality Index ?
N/A
There is not enough information on Va'a-o-Fonoti for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in Va'a-o-Fonoti to help improve its accuracy.
Va'a-o-Fonoti LGBT Organizations
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