rp21 situational analysis - Pacific Health Voices

Kava
Legislation
As with many other Pacific nations, kava
consumption in Samoa is traditionally a
heavily ritualised process. 668 It continues to
function as an important social and business
lubricant, but consumption patterns have
changed. Samoa is a member of the International
Kava Executive Council (IKEC), which
undertakes discussions around strengthening
and building the kava export market. 669
11.5 Local responses
Specific to Samoa is the close proximity
with American Samoa and the relationship
between the two nations. With respect to
current interventions, the Law and Justice
Institutional Strengthening Project is likely
to contribute to the ability of Samoa to respond
to illicit drug issues and potentially
to provide an opportunity to include harm
reduction approaches. In addition, the desire
to introduce the law and justice sector into
the Strategy for the Development of Samoa
2008–2011 has been highlighted. 670
The legal system of Samoa is based on English
common law and local customs. Samoa
has a principle of judicial review of legislative
Acts with respect to the fundamental
rights of citizens. 671 It has not accepted compulsory
International Court of Justice (ICJ)
jurisdiction. The Narcotics Act 1967 is the
most significant legislation for the control
of illicit substances. Notably the maximum
penalty for import and export of narcotics
(s.17) is significantly lower at two years’ gaol
than the maximum for supply or possession
(s.18) at 14 years for persons aged under 21
and seven years for persons aged over 21.
In 2007, the Chief Justice called for a review
of the penalties in light of recent patterns
of offences. 672
At the time of the 2004–05 situational
analysis, Samoa was not party to any of the
three main international conventions on
drugs (1961, 1971, 1988). Samoa acceded
to the UN Convention against Illicit Traffic
in Narcotic Drugs and Psychotropic
137
668 S. Percy Smith (1920), Kava drinking ceremonies among the Samoans. Journal of the Polynesian
Society, 29(114): 1–21.
669 Lifting the German ‘ban’ on kava exports: outcome and strategies of IKEC–EU consultations.
IKEC press release, 29 October 2008.
670 Samoa Country Report to 26th annual PILON meeting, Rarotonga, Cook Islands,
6–10 December 2007: available at: .
671 Profile on Samoa in CIA, The World Factbook, available at: ; International Court of Justice
. Acting as a world court, the ICJ has a
dual jurisdiction: it decides, in accordance with international law, disputes of a legal nature that
are submitted to it by member states (jurisdiction in contentious cases); and it gives advisory
opinions on legal questions at the request of the organs of the United Nations or specialised
agencies authorised to make such a request (advisory jurisdiction).
672 Samoa Chief Justice calls authorities to reconsider penalty for narcotics, Radio New
Zealand International, 18 October 2007. Available at: (accessed November 2008).
Samoa