rp21 situational analysis - Pacific Health Voices

and American Samoa have agreed to cooperate
on drug control with trends towards
strict drug control and associated initiatives
likely to influence drug policy in Samoa.
Joint Transnational Crime Unit and police
operations during February and March 2006
resulted in the seizure of suspected narcotics
and firearms and the arrest of over 20
people. The amounts of suspected narcotics
were reported to be significant by Samoan
standards, 678 suggesting a link between the
domestic drug market and transnational
crime, producing proceeds of crime that are
then money-laundered in Samoa.
Samoa was reported to be involved in the
development of a Combined Law Agencies
(CLAG) program, designed to respond to new
trends in organised crime. Samoa is a part
of the initiatives of the Pacific Transnational
Crime Coordination Centre. In addition, the
involvement of Australian Federal Police
Transnational Crime Teams was noted in the
2004–05 situational assessment. Samoa is a
member of the PILON.
While there was a tendency toward a more
punitive approach in 2008, mandatory maximum
sentences 679 have not been widely
used in Samoa in recent times. In many
instances first-time offenders have received
suspended sentences, reductions for time in
custody, and penalties in the vicinity of 2–3
years’ gaol. 680
The majority of reported judgments relate
to marijuana offences, also mirrored in the
news media. The accepted evidence in these
cases indicates it is common for offenders to
be apprehended in the local food markets,
where offences usually involve possession
and supply, with the drug amounts being
relatively small. There has been one cocainerelated
conviction and one amphetaminerelated
conviction since January 2005. Media
and reported judgments also indicate a high
rate of trafficking between American Samoa
and Samoa. Sniffer dogs have been introduced
at airports. 681
Planned tougher drug laws in Samoa,
flagged in late 2008, 682 include the potential
for life imprisonment for offences against
the Narcotics Act related to drugs classified
as hard drugs, including cocaine and
methamphetamine. The potential for a 14-
year sentence for lesser drug offences (e.g.
marijuana possession) indicates a focus on
a deterrent approach. Amendments include
provisions dealing with the sale of precursor
chemicals — information provided on
139
678 There is no indication of the quantities that have been seized in the past.
679 Contrast with media reports from American Samoa where harsh sentences have been
imposed; see, for example: Filipino jailed in American Samoa for drugs crime, Radio New
Zealand International, 10 April 2006, available at: ; Two American Samoan brothers guilty of drugs offences, Radio
New Zealand International, 6 November 2006, available at: .
680 Examples of reported judgments from the Supreme Court of Samoa include: Police v Palemene
[2007] WSSC 59; Police v Apulu [2008] WSSC 58; Police v Siaosi [2007] WSSC 98.
681 Samoa gets sniffer dogs, Radio New Zealand International, 30 April 2007. Available at:
.
682 Above, fn.676.
Samoa