TO THE LEGISLATIVE ASSEMBLY OF SAMOA
The Humble Petition of the Constituents of the Constituency of Lepā.
SHEWETH:
That the lengthy suspension by Parliament of the Member of Parliament of the Constituency of Lepā, firstly, with the indefinite suspension on 24 May 2022 and secondly, a definite suspension of 24 months on 18 October 2022, the constituents of Lepā are deprived of a voice in Parliament for the remaining 65% of this Parliamentary Term 2021-2026. Wherefore our Petitioners view that the suspension period is excessive and pray that Parliament revisit their decision on the suspension period that is reasonable and practical, taking into account the relevant decisions/practice on suspension period by other Commonwealth Parliaments mentioned below, so that we can have a say in the discussions and decisions that will affect the lives of the constituents and citizens in the constituency, both current and future generations.
This petition was mandated at the Lepa Constituency Meeting on Friday 28 October 2022. This constituency meeting was well attended by all the decision-makers from all the villages within the constituency, including women and youth –
O le paia o le Itumalo auā Faolotoi ma Maopu Taulagi, Puletiuatoa ma Falanaipupu faapea le aloalii ia Tupua ma le Sagapolutele, fetalaiga ia Fiu ma Utaulu. Faapea foi le Pua’auli ia Sagale ma Sogimaletavai ma le fetalaiga a Lopa’u ma Falefata. Faapea foi le Susu a Alalamalae i le Lolofietele, le alo o le Tuiatua, Tuilaepa le alo o Malietoa ma Po’alaga le alo o Mataafa ma le fetalaiga ia Palea ma Olo. Faapea foi Tupuola, le matua ia Tago ma le Usoalii, o Lupesoliai, Savusa ma Faletagoai ma le fetalaiga a Popo ma Talimao. Faapea le alalata’i o Alii o le Itu a Lefao, Tulaniu o Atua, o Tama Punefu ia Fatialofa ma Auelua ma le matua o le Faleatua o Malielegaoi ma le mamalu o le Faleatua ma Salefao.
This is evidenced by more than 800 signatories to this petition.
IMPACT ON THE CONSTITUENCY AND THE CONSTITUENTS:
1. Samoa is a representative democracy. Members of Parliament are elected by their constituents and become their voices in Parliament on issues of national importance and on the laws that govern every aspect of their lives.
2. By the lengthy suspension of the MP from Lepa, the constituents are deprived of a voice in Parliament on many important laws that may be introduced during the period of suspension. The MP sits on Select Parliamentary Committees which play an important oversight role on the Executive. The constituents, are again, deprived of a voice in this vital role of Parliament.
3. There is no one to speak on the development needs of the constituency to persuade the Executive to accord priorities fairly and equitably.
4. With respect the unreasonable suspension period is not affecting our Member of Parliament alone but is unfairly neglecting the voice of the constituency and constituents who are signatories to this petition and also the many Lepa constituents residing around the world.
5. Samoa is a signatory to the International Covenant on Civil and Political Rights (ICCPR) (Feagaiga fa’avaomalō i luga o aiā fa’avā o Tagata soifua ma mataupu fa’aupufai) and we respectfully pray that the Assembly accords due regard to Samoa’s international obligations given the huge support given by the international community to Samoa’s development.
6. Article 25 of the ICCPR states that:
Every citizen shall have the right and the opportunity …
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held secret ballot, guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his country.
7. The constituency is unable to take part in public affairs through their freely chosen representative who has the experience and understanding of the constituency’s needs, because of his lengthy suspension from Parliament.
8. Because of the importance of its representation in Parliament, the constituency respectfully regards the period of the suspension excessive. It draws the attention of Parliament to periods of suspension decided against members of the United Kingdom, a country with whom Samoa has established diplomatic relations and most importantly where the laws of the Commonwealth countries including Samoa are derived from. The internet link to the decisions of the UK Parliament against suspended MPs is set out below.
The suspension on 13 February 2002 of Labour MP Keith Vaz for breaches of the code of conduct and contempt of the House was for one month only. Please refer to the table in the link below. (Hansard Ref: Vol. 380 c213-23)
9. We respectfully appeal under the Samoans customs and traditions through the Matai System, for Parliament’s consideration and understanding, that our constituency has respected the Parliament decision suspending our voice effective 24 May 2022, six months ago. In relation to disciplinary matters in Samoan customs and traditions in village settings, there are chiefs who impose penalties (togisala) and other chiefs who would reduce penalties considering mitigating factors (vaesala). It is not Lepā’s place to impose our belief but we respectfully leave it the wisdom of Parliament for its understanding consideration.
SUMMARY OF OUR REQUEST
In view of evidence and information shared above, we respectfully pray for Parliament’s understanding that the penalties through suspension of Lepa Constituency voice, we consider excessive. We pray that God’s blessings be upon the Parliament of Samoa and the Head of State. We humbly say, Lepā now rest its voice.
Signed by:
Paramount Chiefs and Orators of the Constituency of Lepā
(The signatures of the constituents of Lepā (of more than 800) are in a separate document which can be provided if requested).