Sāmoa is set to become the third Pacific nation to have an embassy in Jerusalem.

Prime Minister Laaulialemalietoa Polataivao Schmidt told a gathering of the Sāmoa branch of the International Christian Embassy Jerusalem on Tuesday he had instructed the country’s Ministry of Foreign Affairs to begin work on the opening of an office in Jerusalem.

He said he wanted the embassy up-and-running this year.

The move follows the establishment of Fiji’s embassy in Jerusalem last year, and the opening of Papua New Guinea’s embassy in the city in 2023.

Only a handful of countries recognise Jerusalem as the capital of Israel — in 2017, the UN General Assembly voted overwhelmingly (128-9) during a rare emergency meeting to ask nations not to establish diplomatic missions in the historic city as Occupied East Jerusalem is envisaged as the capital of the State of Israel.

In discussing his decision, Laaulialemalietoa talked about Sāmoa’s connections to Israel.

He touched on the meeting he had with Israeli Deputy Foreign Minister Sharren Haskel while receiving medical treatment in New Zealand last year.

“I am very grateful when the [deputy] Minister of Foreign Affairs came all the way from Jerusalem to visit me when I was sick in New Zealand,” he said.

‘Blessing’ for Sāmoa PM
“It was a blessing for me to know that Israel has also had an eye [on] Sāmoa, because we had a lot of connection in many ways.”

Haskel was in New Zealand briefly in November following a trip to Fiji and Papua New Guinea.

Fiji’s embassy, in September, was met with mixed reactions, with the coordinator of the Fiji Women’s Crisis Centre saying Prime Minister Sitiveni Rabuka was “not on the right side of history”.

Fiji’s government called it “a strategic step” to enhance cooperation between the two nations, and reaffirmed its support for a peaceful two-state solution “where both Israelis and Palestinians can live in dignity and security”.

“Fiji has maintained longstanding diplomatic relations with Israel while also supporting the legitimate aspirations of the Palestinian people,” it said.

Article by AsiaPacificReport.nz

Five months after Samoa’s April 9 general election the FAST party government finally began its first parliamentary session today.

But it was without the members of the opposition HRPP party, who were shut out by the Speaker, Papalii Lio Masipau.

Papali’i announced a ban yesterday, saying the HRPP was still failing to acknowledge that the FAST party had won the election.

This follows months of legal squabbles between the parties but last month the Court of Appeal declared FAST were the legitimate winners of the election.

This morning the HRPP staged a march near the grounds of Parliament until police stepped in and told people to return to the party offices.

Samoa police had erected a barricade to deter people from approaching the Parliament building.

The opposition leader, Tuilaepa Sailele Malielegaoi, called the ban from Parliament a ‘sad day for Samoa.’

He said FAST was behaving in a dictatorial manner, according to the Samoa Observer.

Tuilaepa claimed that such an event had never happened when the HRPP was in power.

However, on May 24 Parliament was locked preventing the FAST party from entering for the scheduled opening of Parliament.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

It would be an understatement to say that we are stunned to see that the Human Rights Protection Party leader Tuila’epa Dr Sa’ilele Malielegaoi now alleges the New Zealand Prime Minister plotted his removal from office.

This is beginning to sound really weird coming from a former prime minister, especially one who has spent over two decades in the top seat of Samoa’s government, and is supposed to be cognisant with how democratic governments function or are supposed to function before and after a general election.

However, we’ve grown accustomed in recent weeks to how Tuila’epa has been reacting to his party’s defeat in April’s general election, and his caretaker administration’s removal from office by the Court of Appeal last month.

And his finger pointing has been spectacular to say the least: starting with the judges of the Supreme Court and the Court of Appeal to the Chief Justice, His Honour Satiu Sativa Perese; to the former Attorney-General Taulapapa Brenda Heather-Latu and her husband and lawyer George Latu; and the former Head of State, His Highness Tui Atua Tupua Tamasese Efi.

But the latest one, with Tuila’epa accusing the head of a foreign government of plotting his government’s downfall based on a feminist agenda to install Fiame Naomi Mata’afa as Samoa’s first female prime minister, takes the cake.

Appearing in a TV1 programme on Sunday night, the former prime minister said he always had suspicions about the involvement of New Zealand, and its leader Jacinda Ardern, in Samoa’s election.

“The government [of New Zealand] has been heavily involved,” he said during the televised programme.

“It got me thinking about a lot of the things that have happened recently.

“It looks like the New Zealand Prime Minister wanted Samoa to have a female prime minister.

“Which has blinded her [Jacinda Ardern] from seeing if it’s something that is in line with our constitution.”

Tuilaepa’s evidence? Ardern’s congratulatory message to Fiame immediately after the Court of Appeal ruling last month, which happened too fast for the 76-year-old veteran politician’s liking.

“The proof is, as soon as the decision was handed down, the Prime Minister of New Zealand immediately sent her congratulatory message.

“The way I see the whole scenario, it looks like a concert they have worked on for a long time.

“The fact that she quickly sent Fiame her well wishes makes me think that they had planned all of this.”

So did the New Zealand Prime Minister have to wait a day, a week or a month before sending Fiame her congratulatory message?

In fact, with Samoa in recent months engulfed in a constitutional crisis — a result of Tuilaepa’s illegal actions supported by various state actors — the timing of Ardern’s congratulatory message was perfect.

At that time esteemed members of the judiciary were under attack, and the former Prime Minister and his cronies were on the verge of usurping the powers of the courts, and thus creating a case for the international community to intervene.

Therefore, the recognition of Fiame and the Court of Appeal’s ruling that installed her Fa’atuatua i le Atua Samoa ua Tasi (FAST) government was critical, in order to assure Samoan citizens and the world that the rule of law would prevail despite the months-long trepidations.

And Ardern’s congratulatory message did just that: it restored confidence in the judiciary and the rule of law in Samoa.

So did Tuilaepa conveniently forget that his party doomed themselves at April’s polls by bulldozing through draconian laws that restructured the judiciary last year despite public opposition; opted to endorse multiple candidates under the party banner; chose to overlook the significance of social media-focused campaigning; and downplayed the campaign strategy of the FAST party?

Hence there is much more to the congratulatory messages from the New Zealand Prime Minister and other world leaders and international organisations, following the court’s installation of the FAST government.

It is an acknowledgement by the international community of the evolution of Samoa’s democracy, noting that while there could be bumps along the way, but with functioning institutions of governance such as a robust justice system we have the ability to pick ourselves up and continue the journey.

Accordingly, the claim by the former Prime Minister of a plot against him by a group of feminist leaders, can be added to the growing list of conspiracy theories Tuila’epa himself has concocted since his exit from power.

But the problem with conspiracy theories is they continue to be spread and if repeated become validated.

The fact that the senior membership of the HRPP has stood by and watched, without lifting a finger to question Tuila’epa’s misinformation, says a lot about the current state of the party.

In fact the 42-year-old party’s failure to censure its leader makes them equally responsible and complicit for the spreading of misinformation, relating to April’s general election and the crisis that followed.

And lest we forget the caution against misinformation by the Irish playwright George Bernard Shaw: “Beware of false knowledge; it is more dangerous than ignorance.”

Samoa Observer editorial on 26 August 2021. Republished with permission.

Article by AsiaPacificReport.nz

Sāmoa’s defeated prime minister Tuila’epa Sailele has fired a verbal blast at Aotearoa New Zealand Prime Minister Jacinda Ardern, saying she had been blinded by an obsession to ensure a female prime minister led the Pacific nation.

He also attacked Aotearoa Foreign Minister Nanaia Mahuta and the governing New Zealand Labour Party, saying they had interferred in the political affairs of independent Sāmoa.

In a lengthy and strange statement Tuila’epa also suggested The Pacific Newsroom had been part of what he terms a “bloodless coup” by Prime Minister Faimē Naomi Mata’afa and her Faʻatuatua i le Atua Sāmoa ua Tasi (FAST) Party.

The Human Rights Protection Party-issued statement said Tuila’epa was deeply disappointed over the New Zealand government role.

“This blind obsession with the advent of a woman PM for the first time in Samoa’s political history has blinded Prime Minister Ardern’s judgment in the exercise of caution when it comes to Samoan politics, which is always fraught with a deep and complex culture — that much more lies beneath the surface,” the statement said.

“In brief, the change of government on 23 July 2021 completed a bloodless coup, with the judiciary taking the lead.”

Tuila’epa described as “mind boggling” how Mahuta carried out “numerous verbal negative attacks” on him in the media. Her comments amounted to interfering with the government’s policies and he had taken that up with New Zealand High Commissioner Trevor Matheson.

‘Unprecedented haste’
Tuila’epa said he also discussed the New Zealand government’s “unprecedented haste to congratulate the FAST government leadership despite the alarms we had raised”.

He claimed there had been an “unprecedented and immediate grant of aid funding in excess of NZ$14 million, (publicly broadcast by government) almost immediately after the appointment of the FAST government by our Court of Appeal — albeit the first grant of its kind since the last 40 years of HRPP’s government.”

It was unbelievable and reflected New Zealand’s “bad judgment”.

Tuila’epa found evidence of conspiracy in The Pacific Newsroom’s July 13 interview with FAST lawyer Taulapapa Brenda Heather.

He called her “the de facto FAST Head of State”. In that interview, the September 20 summoning of Parliament was mentioned, and Tuila’epa saw this as significant: “Was this also an indirect notice through to Wellington?”

He said members of Parliament had yet to receive notices on the date.

The new government this month appointed five New Zealand judges to hear cases, and Tuila’epa said this was unavoidable but raised the question of who was to pay.

‘Unhealthy developments’
“With all these unhealthy developments, we believe the Labour government was fully aware of the nature of Samoa’s political impasse through the constant flow of reports from the NZ High Commission office in Apia,” Tuila’epa said.

“Given the years of experience of the complexity of Samoan politics, through our association of over 107 years and a Treaty of Friendship, what can NZ do to help a former Trust Territory rather than openly supporting a government that is so tainted by numerous irregularities?”

Tuila’epa said he was issuing a call to the United Nations, the Commonwealth and all friendly governments “for any legal remedies to sort out the legal mess we are in, before this country of peace loving Samoan citizens degenerates to anarchy”.

Michael Field is an author and co-publisher of The Pacific Newsroom. He is also a specialist on Sāmoa. This article is republished with permission. Asia Pacific Report collaborates with The Pacific Newsroom.

Article by AsiaPacificReport.nz

It has become obvious in recent weeks that the strategy of Samoa’s oldest political party is to “repeat a lie long enough that it becomes the truth”.

And these untruths have been disbursed through multiple platforms: television, radio and social media as well as through protest marches and vehicle convoys.

It explains why the former prime minister and Human Rights Protection Party (HRPP) leader, Tuila’epa Dr Sa’ilele Malielegaoi and his party deputy, Fonotoe Pierre Lauofo, have been on air lately, as part of a party-led crusade to disparage the judiciary, following the Appellate Court’s decision last month to install the Fa’atuatua i le Atua Samoa ua Tasi (FAST) government.

Last week the Ministry of Justice and Courts Administration (MJCA) felt compelled to set the record straight — in the face of a slew of misinformation by the HRPP leadership recently — on the 23 July 2021 judgment of the Appellate Court and where the court views the position of the Head of State in relation to the Constitution.

Perhaps, the former prime minister needs to be reminded again of the position that the Head of State occupies under the Constitution, as laid out by the Appellate Court’s ruling:

“It may not be a well-known fact that the Head of State, except as otherwise provided in the Constitution, has no option but to comply with the advice of the Cabinet or the Prime Minister; such advice is deemed to be accepted by the Head of State after a period of 7 days.

“Respectfully, the Head of States authority is to do what he is told to do by Cabinet or the Prime Minister as his responsible Minister.

“He is like everyone else, a servant of the Constitution, not its Master.”

— (Paragraph 60 of the court’s decision notes.)

So aren’t we blessed that our forefathers foresaw what could come many years later — when a sitting prime minister could have illegally used a Head of State to usurp the powers of the Constitution — and therefore drafted in the provisions to ensure the Head of State remains subservient to the Cabinet or the Prime Minister (not a caretaker cabinet or caretaker prime minister) at all times?

One thing we know for sure is Tuila’epa and Fonotoe have been cherry-picking the courts’ judgments to suit their party’s political agenda, which is why the MJCA felt the need to release a statement last week to point out the role of the courts as the guardians of the Constitution.

So what is the endgame for these two notable politicians, one a former prime minister and the other a former deputy prime minister, as they persist in churning out flawed interpretations of the court’s judgement?

We ask this question because both have reached the highest echelons of political power in Samoa, one as a prime minister and the other deputy prime minister, and basked in the glory that came with their terms in office including the triumphs of successive HRPP governments over the years.

Speaking on TV1 Samoa’s Good Morning Samoa programme on Wednesday, Fonotoe claimed “Samoa is slipping into a failed state” and then unleashed a barrage of untruths on how the judiciary is “causing the erosion of the Constitution” and “effectively putting itself above Parliament” on the televised show.

And this is from a politician who has practised as a lawyer and made submissions as a barrister before the same court, which he and party boss continue to disrespect to this very day with their Machiavellian commentary, following their party’s loss at the April general election.

But then how can Samoa be a failed state when the international community immediately stepped forward with congratulatory messages for the FAST government and Samoa’s first female Prime Minister, Fiame Naomi Mata’afa after the Appellate Court handed down its 23 July 2021 ruling?

The international community showed total confidence in the ability of our judiciary to rule without fear or favour to resolve the three-month-long constitutional crisis, and this was demonstrated by their acceptance of the court’s judgement.

Therefore, the call by Tuilaepa for the international community to assist “restore Samoa’s democracy to where it should be” appears to be at best tongue-in-cheek, consigned to the annals of Samoan political history.

How can he be taken seriously as a leader on the international stage when history now shows how him and his party members tried to manipulate the Constitution to prolong their illegal tenure in office?

Nonetheless the highest court in the land has spoken, let’s respect the wisdom of its judgement and enable the new government to get on with the job of governing, and delivering on its promises to the people of this nation.

If you haven’t noticed storm clouds have been gathering recently and the people want their government to be ready to tackle these challenges, so if you have nothing positive to contribute, then it is in the public’s interest that you step aside and let those who’ve been given the mandate to lead take charge.

This Samoa Observer editorial was published on 13 August 2021. It is republished with permission.

Article by AsiaPacificReport.nz

The New Zealand government says it has full confidence Samoa’s new government and its judiciary will continue to act with integrity.

This comes after former prime minister, Tuila’epa Sa’ilele Malielegaoi, claimed that the recent actions of the judiciary had “shattered” the constitution and the law of the jungle now applied.

Tuila’epa claimed the rulings by the Court of Appeal, which last month confirmed FAST as the legitimately elected government, had destabilised the country.

He castigated New Zealand and Australia for not speaking out in support of his position.

But, in a statement, the Foreign Minister Nanaia Mahuta reiterated New Zealand’s backing for the new government of Fiame Naomi Mata’afa as the legitimate government of Samoa.

She said New Zealand’s recognition of the FAST government was swift and unequivocal, and that New Zealand had faith in the judicial and law enforcement systems to act appropriately, as they have done since the election on April 9.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Veteran Samoan parliamentarian and chairman of the Fa’atuatua i le Atua Samoa ua Tasi (FAST) has criticised what he characterises as the “extreme” and “defamatory” behaviour of the former Prime Minister of Samoa since losing government.

Speaking during his programme Ia Ao Samoa yesterday, La’auli Leuatea Schmidt said he was “appalled” by the actions of Tuila’epa Dr Sa’ilele Malielegaoi and his party, especially their “unfounded accusations” towards Samoa’s Chief Justice.

Tuila’epa and the Human Rights Protection Party (HRPP) have so far staged two separate “peaceful protests” to protest what they claim to be the “disintegration” of the Constitution.

Hundreds of people were seen marching in unison, singing together with posters held up in the air.

Some messages were directed explicitly at Satiu Simativa Perese, asking him to step down from the role of Chief Justice.

The Minister of Agriculture and Fisheries believes that Tuila’epa and his party have “gone too far” with their actions.

‘Whole new level’
“I have seen that the level of criticism from them (HRPP) has been upgraded. It has gone up to a whole new level and it’s disappointing [to see],” said La’auli.

“They used to sit here while we were on the other side.

“[And] back then they have been accusing us of so many things, yet we have never gone up to this level.

“This is extreme…what we are seeing right now, their actions and the things they have said is extreme.”

In saying that, La’auli said they are well-aware of all the accusations made by Tuila’epa and his party so far.

However, he flatly denied the claims from the Opposition Leader.

“The comments and remarks they have made are not only impolite, rude, unfounded but also have gone without barriers,” he said.

“I mean, we (FAST) have got used to the way he communicates and the blaming game from him [Tuilaepa].

‘Brainwashed our people’
“But what is sad to see is that they have manipulated and brainwashed our people and exploited our people to achieve their agenda. It’s disappointing to see.”

La’auli believes that the actions from the opposition side of government are causing “unnecessary hatred” among Samoans.

“The level of defamatory remarks has gone above and beyond, without barriers. They’ve made accusations so many times before to ruin the name of our leader, our party, and myself,” he said.

“But now, they are targeting the judiciary.

“I’m appalled at the things they have come up, with especially what they have said.

“It’s sad to see it coming from people who used to lead the country and from someone who was the Prime Minister.

“But I guess they don’t care anymore and have gone as far as trying to destroy the constitution and the judiciary. They have cursed our judiciary and have come up with all those baseless accusations towards the one pillar we are relying on to keep the peace within the country

‘Extraordinary defamation’
“The level of defamation is extraordinary.

“But the question is, who are they to question the work done by the panel of judges in Samoa?

“Were they appointed under the Constitution to question the work of our judges? Are they liable under the constitution to question the roles of judges? Is that their job? I don’t think so.

“Samoa’s highest courts have delivered their decision, so I do not understand why they are still questioning that.

“It seems like they are trying to imply that they are superior and that they are smarter than our judges.”

La’auli said the opposition side has been doing nothing but “wrong moves” since they stepped down.

Moreover, La’auli said, he had already tasked an “investigative team” to look into all the accusations made by the opposition leader and members towards the Chief Justice, judiciary and the FAST government.

‘Criticism has skyrocketed’
“Because the level of criticism has skyrocketed, we need to do something. Therefore, I had already called on our investigation team and asked them to go out and gather all the claims and accusations made by them and bring them all in.

“We will deal with all the unfounded accusations later on.

“At the moment we need to bring and gather them all in, and while we don’t want to waste our time to go and face them (HRPP) there will come a time where we will take all of them to court, that’s the best way to deal with this.

“We will leave it in the good hands of our police and judiciary.

“If they (HRPP) have the guts to break the law then they should also be bold and ready to stand before the court.

“They (HRPP) have exploited our people to achieve their goals.”

‘Tarnishing Samoa’s Constitution’
La’auli accused Tuila’epa of “tarnishing Samoa’s Constitution”.

“How can he accuse other people of destroying the Constitution when it has been greatly damaged under his leadership.,” he asked.

“You only need to look at all the amendments he made over the years, only to destroy and amend them again if it doesn’t work the way he expects it to work.

“So to say that we and the Chief Justice have destroyed our Constitutions is ironic. Because that’s exactly what he has been doing.

“The amendments made under his leadership and under his orders have not only tarnished our Constitution, but also the good work and sacrifice of our forefathers.”

Sialai Sarafina Sanerivi is a Samoa Observer journalist. Republished with permission.

Article by AsiaPacificReport.nz

Heavy rain early today failed to deter more than 1000 Human Rights Protection Party (HRPP) supporters who gathered in front of the Government building in Apia — some travelling hours to get there — to protest against what they claim to be the “disintegration” of Samoa’s constitution.

Despite the sporadic heavy showers, people marched in unison singing traditional songs to rally against the judiciary’s ruling to install the new Fiame Naomi Mata’afa government.

People held up posters with messages proclaiming “Uphold the Constitution” and “Constitutional Government not Judicial Government” as they waved Samoan flags.

The Former Minister of Health, Faimalo Kika Stowers, led the march with other HRPP figures and former MPs mixed among the crowd.

While announcements said the march would start at 10 am, the movement of more than 200 people left the Fiame Mata’afa Faumuina Mulinuu II (FMFMII) Building before that time.

Many of the attendees told the Samoa Observer that they were marching in support of former prime minister Tuila’epa Dr Sailele Malielegaoi’s government.

“HRPP have done amazing things for Samoa and we will continue to stand for [it],” an elderly man in his 80s from Moataa said.

Buses full of civilians
Buses full of civilians of all ages, from as far as Samatau, offloaded in front of the Government building from 8 am.

Meanwhile, at the Malae o Tiafau, large tents and hundreds of chairs had been set up to shelter the demonstrators.

The Samoa Observer understands that the Supreme Court had cancelled all matters initally scheduled for Monday as a safety precaution for judges.

A heavy police presence was seen at the ground floor of the building.

The Samoa Observer understands this was to ensure that no disturbances took place for the new government that is now housed in the FMFMII building.

Today’s rally comes after the party’s supporters participated on Friday in a vehicle convoy protest against the judiciary.

Soli Wilson is a writer for the Samoa Observer. This article is republished with permission.

Article by AsiaPacificReport.nz

Samoa’s new FAST Party government has got down to work this morning, meeting with the heads of government departments, more than 100 days after it had won the election.

FAST MPs were forced to swear themselves in because the Head of State had barred them from entering Parliament.

The court ruled that the swearing in complied with the Constitution and so it was legitimate.

The judges wrote “that the swearing in, is in and of itself Constitutional and lawful, and there is no need to consider the doctrine of necessity.”

They also said the Head of State, Afioga Tuimalealiifano Vaaletoa Sualauvi II, had shown a lack of understanding of his constitutional role and an equally basic lack of understanding of the role of the Supreme Court.

The judges said the Supreme Court is “the guardian of the Constitution and it will continue to protect and maintain the rule of law and democracy under the Supreme law.”

While the FAST cabinet has been at work, the HRPP party, which has been reduced to 17 seats to FAST’s 26 through the electoral petition process, is continuing to grumble about the decision.

Local media have reported caretaker prime minister Tuilaepa Sailele Malielegaoi is refusing to concede.

One of the first to congratulate the Prime Minister-elect, Fiame Naomi Mata’afa, on her victory, was New Zealand’s leader, Jacinda Ardern.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

When Australia’s second-longest ever serving Prime Minister faced a complete wipeout at the national elections after 10 years in power — even being voted out of his own seat — he realised that he had lost but only as part of a process much bigger than he was.

It was not the sheer scale of his loss that was extraordinary.

All political careers end in tragedy, as the saying goes. But it was the belief he displayed in ideals more important than his own self-interest.

“This is a wonderful exercise in democracy,” John Howard said at a small ceremony at a local primary school held to acknowledge that he had been voted out by the constituents whom he had represented for more than three decades.

“You can count on the fingers of one hand the countries which have remained democracies for over 100 years.

“It is a privilege to be part of that process.”

Howard’s end, and the steely manner in which he went out to meet it, is a lesson in principled graciousness and other attributes Samoa’s Human Rights Protection Party (HRPP) has failed to display since losing the election.

Most noticeably lacking is a sense of pride in democracy being part of our nation’s character and respect for its rules being a form of patriotism.

Instead, we have seen in Samoa a caretaker Prime Minister, Tuila’epa Dr Sa’ilele Malielegaoi who lost the election, and continues to lose seats by the day, refuse to even contemplate defeat.

He has openly defied (it comes right after “decline” in the dictionary, Tuila’epa, should you need help to check the grammatical correctness) the voters, the judiciary and now ultimately the nation because he is unwilling to look past beyond his own seat in power and towards the better interests and future of this nation.

In doing so he has actively contrived to plunge this nation into a constitutional crisis and disparaged all the democratic institutions which our country must respect for it to function.

Remarkably, he has shown very little care for being seen plainly and for what he is in this whole national crisis: a stubborn and self-regarding roadblock to process.

In the past three months a stream of excuses have emanated from the caretaker Prime Minister’s mouth about who is to blame for our current constitutional predicament.

On Tuesday he was attempting to blame the courts for the nation’s prolonged political uncertainty; a favourite target of his; and another critical democratic institution.

“This whole process has been prolonged because they [Supreme Court] had added back ends to the decisions they have delivered after the elections,” he said.

“For instance, the decision they delivered on the ten per cent for women representation in Parliament.”

Well, that is simply not the case. The Prime Minister has tried to hide behind the claim that only until the question of female representation in the Parliament has been settled can it convene.

The courts have ruled twice now that there is no grounding in fact whatsoever for his statements.

But as his pronouncements have become increasingly divorced from reality and even ridiculous he has shown next to care.

All the while as his numbers on the floor of Parliament are dwindling. He is perhaps hoping that most voters don’t pay attention or care enough about politics to let him get away with this political double-dealing.

Ultimately Tuila’epa has shown that he does not conceive of Samoa as a democracy; he sees it as an island on which he and the HRPP are meant to rule.

That explains the extreme casualness with which he walked into his election defeat at the hands of the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party – and his seeming inability to face up to the truth after.

But as a story on Tuesday’s front page made clear, the ability to accept defeat was a precondition of any functioning democracy (Samoa risks decline into dictatorship: Harvard professor).

This is certainly a serious democratic crisis, and the behavior of both the Prime Minister and the Head of State can certainly be deemed anti-democratic,” said Dr Steven Levitsky.

“It is essential in a democracy that losers accept defeat and not seek to remain in power via other means. What the HRPP has done is similar to Donald Trump’s reaction to defeat in the US, which has weakened US democracy.”

Luckily for America its democratic institutions were strong enough to withstand a coordinated attack on accepting its election, as the institutions and gatekeepers of that republic proved they could not be corrupted by political rants from a man who had just lost an election and, like that, had his power next to nearly instantly evaporate.

“Any time the incumbent party loses and refuses to accept defeat and seeks to remain in power by other means, democracy is in crisis,” the professor continued.

“That is Samoa today.”

But as he makes clear, Samoa is on the downward slide toward — but has not yet reached — the depths of political dictatorship.

“It may be too soon to call the PM a dictator and the regime a dictatorship. Samoa is still mid-crisis,” Dr Levitsky said.

“But if the PM and Head of State persist and are successful in thwarting this election, democracy will have been (at least temporarily) derailed.”

“It would be at that moment that Samoa will have slid into dictatorship, he said: “If the PM remains in power indefinitely despite losing an election, then I think you can say Samoa has slid into dictatorship.”

Indeed. The worrying thing for Samoa is that neither Tuilaepa, nor the various officials he has used as shields in his ongoing battle to frustrate court rulings, have shown the slightest inclination to avoid such a slide.

These are indeed dark days for Samoa. At nearly 60 years of age, we stand on the precipice of backsliding from our extraordinary achievement to have thrown off colonial shackles and become a successful democracy.

All that stands on the edge of being destroyed if the caretaker Prime Minister continues to act as if he cannot hear court rulings. Or if, as seems like an increasingly course of action, the Head of State convenes Parliament on August 2 and despite a FAST majority, rules that no government can be formed before sending the nation back to the polls.

That too, though it will involve a fresh election, will be a killer blow to our reputation as one of the world’s democracies: finding ways to throw out the people’s verdicts and starting again fresh with the hope of securing another is utterly undemocratic.

And voters could never trust that those in charge of the country will honour their wishes again.

The caretaker Prime Minister, a man fond of bombastic rhetoric, has shown little evidence that he has contemplated the shattering fact that the people of Samoa have voted and decided that no longer want him to run the country.

Until he comes to peace with that fact and realises that by acting as he has he imperils the future of this nation — not only for now but for generations — but also shows contempt for its history.

This Samoa Observer editorial, 14 July 2021, is republished with permission.

Article by AsiaPacificReport.nz

Samoa’s HRPP party — the country’s caretaker government — has now lost six seats since the April 9 general election, with eight byelections to come.

The incoming FAST Party government holds 26 seats to the HRPP’s 19.

FAST, which won the election but has been stymied in its efforts to assume power by the HRPP, continues to hold a majority of the 51 seats in the Parliament.

The caretaker government has lost six seats during the electoral petitions while a further two are to be contested again at the agreement of candidates.

Today, as the electoral petitions continue to come before the court, three HRPP candidates who had won their seats, agreed to resign, ahead of facing the judge, and so force byelections.

The HRPP’s Tuila’epa Sa’ilele Malielegaoi has been pushing for a new general election to solve the political impasse since he first prompted the crisis by refusing to step down.

Meanwhile, a Supreme Court hearing set to determine if Tuila’epa will face criminal contempt proceedings has been delayed.

Tuilaepa, the attorney-general, Parliament’s former speaker and its clerk were to appear for preventing Parliament from convening on May 24 as the court ordered.

The court is to probe the roles played by the four in defying the May 23 order that the 17th Parliament convene the next day and members be sworn in.

The contempt citation was brought by FAST, but its lawyers today sought a delay in proceedings.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

How quickly things change.

If, as the old cliche goes, a week is a long time in politics then a month is an eternity.

As a story on the front page of the Weekend Observer revealed, the caretaker government is once again seeking to shape the outcome of judicial decision-making.

Caretaker Prime Minister Tuila’epa Dr Sa’ilele Malielegaoi and the Attorney-General, Savalenoa Mareva Betham-Savalenoa, have presented the Supreme Court with a motion requesting that certain judges not preside over a contempt of court motion filed against them.

The justices the pair are seeking to have removed via a recusal motion are the Chief Justice, Satiu Simativa Perese, Justice Vui Clarence Nelson and Justice Tafaoimalo Leilani Tuala-Warren (“Tuilaepa wants judges off contempt case”).

Saturday’s revelation is the latest in a long and complex string of attempts by the caretaker Prime Minister to influence the judicial branch of government in his favour. But is also reflective of a curious trend: that Tuila’epa’s hand-picked jurist has fallen out of the caretaker Prime Minister’s favour.

Efforts to influence and bombard the court have recently reached their peak as the nation undergoes a constitutional crisis over Parliament’s failure to convene after April’s national election.

But these attempts to make the court empathetic to the caretaker Prime Minister were in fact underway long ago. They date back to when Tuila’epa was searching for a Chief Justice to replace Patu Tiava’asu’e Falefatu Sapolu who resigned in April 2019.

That time feels like a different era: before the measles epidemic, the global covid-19 pandemic and our current constitutional crisis.

Tuila’epa took an unhurried approach to choosing a permanent replacement for Patu, the longest-serving Chief Justice in Samoan history, with nearly 27 years of judicial experience under his belt.

In fact, Tuilaepa openly admitted that he was taking a passive approach to selecting the appropriate candidate and waiting for divine inspiration to guide him to select the best candidate.

“I am still praying and once I acquire the whispers from God, then a decision will be made,” Tuilaepa said at the time.

“If it takes up to six months, that’s not a bad thing at all,”

In fact, it took much longer than that. Samoa was without a permanent Chief Justice for more than a year while the Prime Minister waited for that divine whisper.

He eventually settled on Justice Satiu who was sworn-in in June last year.

The Prime Minister did not disclose the contents of any whispers he may have received from on high to guide his choice.

But at his swearing-in ceremony, Tuila’epa defended the amount of time he took in selecting a replacement, again maintaining that Justice Satiu’s installment was guided from above.

“It takes time to seek God’s face and turn to the Bible for guidance. And these things take time and the whispers [from the Holy Spirit],” he said.

As it happens, Justice Satiu has been resolute in changing the direction of the court.

But it has not been in the way that the caretaker Prime Minister perhaps envisioned; he has proven to be more of a thorn in Tuila’epa’s side than a blessing.

Justice Satiu, born in Magiagi, is deeply rooted in Samoan tradition, but he has also been influenced by the principles of judicial independence taught at the universities he attended in New Zealand and America. This commitment has been shown in his rulings on a flurry of post-election legal petitions.

His Honour, has time and time again, shown his loyalty to the principle of judicial independence during a time of intense legal wrangling.

But in doing so, the Chief Justice has countered widely held expectations about how he would rule from the bench.

In an April statement, issued shortly after national elections which are the root cause of our current power crisis he issued a short statement outlining his simple judicial philosophy.

“We are in a state of uncertainty after the General Election, but I wish to reassure ourselves as a community, that the role of the Judiciary as the Independent Branch of Government is to do right by all manner of people, without fear or favour affection or ill will,” he said.

“As sworn members of the Judiciary, we uphold that Oath to the best of our abilities so to adhere to the Rule of Law.”

All jurists know to affirm their commitment to judicial independence; sticking to them in practice is a different question altogether.

It was widely assumed that because such a long time was taken to approve his selection, Justice Satiu would lean towards the constitutional interpretations of Tuila’epa and that of his Human Rights Protection Party (HRPP).

But much to the caretaker Prime Minister’s frustration, Justice Satiu has upset all expectations by remaining cool and composed throughout the current legal onslaught and applied the law completely straight.

Fiame Naomi Mata’afa, the leader of the Faatuatua i le Atua Samoa ua Tasi (FAST) party condemned his early release from quarantine in May as a political manoeuvre “so that he [could] sit in on the electoral petitions.”

That led to Tuila’epa to leap to his defence as a principled jurist, while he was attacking unnamed members in Samoa’s judiciary of being biased against him:

“It’s apparent from the criticism that the Chief Justice is an honest person,” he said on his programme on state-owned radio 2AP.

“[Fiame’s…] criticism is due to the fact [the Chief Justice] is independent.”

But now Tuila’epa is seeking to avoid having him preside over a trial in which he is involved. How quickly perceptions change.

Before the month of May was out and the FAST party held its own swearing-in ceremony on the lawns of a locked down Parliamentary precinct, the appraisal of the Chief Justice’s integrity has changed considerably.

The office of the government’s lawyer, the Attorney-General, maligned his integrity in a later retracted media statement claiming he had too often ruled in FAST’s favour and was even a “close relative” of Fiame’s.

He also drew criticism for walking to Parliament to try and open its doors on May 24 after being on a panel that determined Parliament had to sit on that day. (The doors had been locked on orders of the former Speaker Leaupepe Toleafoa Faafisi, who is himself facing a motion of contempt).

“The actions of the Chief Justice indicate that he may be in contempt of Parliament,” a statement from the Attorney-General’s office said.

But throughout this personal disparagement during our current constitutional crisis, Justice Satiu has maintained cool and composed and methodically applied the law and stayed true to his oath to protect and uphold Samoa’s constitution.

Perhaps His Honour Satiu Simativa Perese was indeed a gift from God — just not the kind that the caretaker Prime Minister was hoping to receive.

Article by AsiaPacificReport.nz

In the latest twist in Samoa’s political rollercoaster, the FAST party has accused the rival HRPP leader of contempt of court, reports Pacific Media Network News.

Tuila’epa Dr Sa’ilele Malielegaoi has been accused of ignoring a Supreme Court ruling to convene Parliament, when FAST should have been sworn in as government.

Also accused alongside Tuila’epa is the Speaker of Parliament, the Clerk of the Legislative Assembly and the Attorney-General.

The motion was filed by Prime Minister-elect Fiame Naomi Mata’afa, leader of the FAST party, who has also accused Tuila’epa of undermining the judiciary through disparaging comments.

Fiame Naomi Mata’afa speaking on 531pi’s Pacific Days. Video: PMN News

Speaking on 531pi’s Pacific Days, Fiame claimed her opposite number was still refusing to accept his defeat in the April 9 general election.

Negotiations between Fiame Naomi Mata’afa and Tuilaepa Sailele Malielegaoi broke down earlier this week after they disagreed on a transition to a new government

Fiame claims there was nothing out of the ordinary regarding her request.

Transition to new government
“We were looking for a discussion to transition to a new government and then moving out.

“It’s not as though he [Tuila’epa] should be surprised. I think the man is in serious denial, as though it’s very unusual for a party that has won the election to say, ‘Listen mate, these are the results and you should be moving out and let’s have a discussion about that’.”

Fiame doubts there will be further negotiations given the stance taken by herself and her opposite, Tuila’epa.

“Well, you never say no to a negotiation if there’s some rational outcome to be gained from it, but from the positions that we’ve taken and especially the interpretations of the appeal court’s decision, I don’t see it.”

Fiame told Pacific Days that she found it an irony about what was being discussed between the two political party leaders.

“This whole impasse is centered around representation for women, so as a woman, I’m quite fascinated,” she said.

“I’m always pleased if there’s an increase of women in Parliament, but people need to understand that this is a particular provision within the law and there are issues around it.”

Prepared for court rulings
The FAST party leader said she was prepared to go through the formal process of the court ruling on election petitions in order to come to a resolution.

“He’s [Tuila’epa] wanting to delay the process of government, of Parliament meeting and for us to move in and he was saying to us, it was in our interest to cut short this process and do what he was offering of 26 members each going into the House,” Fiame says.

“So I said to him, ‘Listen, however long it takes, you can be sure that we will be pursuing that and through the law’.”

When asked whether the FAST party would be willing to go through a second election, Fiame replied: “Why would we? We won the election. We’re not silly.”

Article by AsiaPacificReport.nz

Samoa’s Prime Minister-elect, FAST party leader Fiame Naomi Mata’afa, says negotiations remain at an impasse between her party and the rival Human Rights Protection Party (HRPP).

The parties met yesterday in Apia to try and resolve the stalemate resulting from the April 9 election.

In a statement last night, Fiame maintained that FAST held the majority of 26 seats to the HRPP’s 25.

She said these FAST members had been sworn in, with a cabinet appointed and speaker and deputy chosen.

The HRPP leader, caretaker Prime Minister Tuila’epa Sa’ilele Malielegaoi continued to claim the result was not clear because 10 percent of 51 members or six women representatives in the House had not been achieved.

But Fiame said last week’s Court of Appeal decision was not retrospective and could only apply to future elections as the writ of appointment of the elected members was given by the Head of State on 16 April 2021.

Fiame said she was also seeking the continuing support and prayers of the churches and the nation as the political leaders look to amicably resolve the current impasse.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Buoyed as he is by [Wednesday’s] court decision, Samoa’s caretaker Prime Minister has shown a character flaw weighing down upon our national politics: an inability to face up to hard truths.

Despite Tuilaepa Dr Sa’ilele Malielegaoi having just alleged the judiciary was conspiring against him, the Appellate Court ruled in favour of his argument that a minimum of six women MPs need to be appointed to meet a mandated quota in our 51-seat Parliament. We don’t expect that contradiction to be explained anytime soon.

The victory has been seized upon by supporters of the Human Rights Protection Party (HRPP), many of whom have incorrectly concluded the decision will lead to the installation of Aliimalemanu Alofa Tuuau and a Parliament in which the opposing party cannot form government.

They must read the court’s words, reprinted in today’s edition, more closely. In fact, the court voided Aliimalemanu’s warrant of election.

Aliimalemanu herself acknowledged this very point when she told the Samoa Observer that she did not mind which woman MP ended up being elected nor which party they were from, rather she was pleased to have struck a blow for female representation.

And, like the court we applaud her for her devotion to that worthy cause.

The reason Aliimalemanu’s election was voided was because it will not be until after the Supreme Court sorts through some 28 petitions and more counter-petitions that the rule requiring six women will be applied.

There are another six petitions involving women challenging or defending an election result alone, let alone other women candidates who could be elected if byelections are called if a legal challenge to a result is upheld. The number of women elected to the 17th Parliament of Samoa could be higher than the threshold, or it could be much much lower.

Exactly what role this unforeseen constitutional mandate will figure in the final election results is entirely unknowable.

That means two things of extreme significance for the immediate political future of this nation – neither of which Tuilaepa was willing to face up to when speaking on Wednesday afternoon.

For the time being, the Fa’atuatua i le Atua Samoa ua Tasi (FAST) party will retain its 26-25 lead over the HRPP until the election is completely finalised.

How long the courts take to settle the dozens of legal challenges before them will likely be a matter of weeks, not months.

Tuilaepa is increasingly being less seen as a strongman who can be depended upon to steer Samoa through choppy waters as an immovable object with whom much of the political deadlock originated.

Until that time, they notionally — depending, of course — on the outcome of a legal case about the validity of the party’s swearing in, the opponents should notionally have some political breathing room to establish government.

But speaking on Wednesday, Tuilaepa sounded like a man who had not familiarised himself with even the most elementary aspects of the judgment.

He asserted the decision cemented Aliimalemanu’s election and a 26-26 tie between FAST and the HRPP and his rightful place and the ongoing future “custodian” of government in Samoa.

No person with basic literacy skills could have reached either of these conclusions after reading what the court had to say in a succinct and articulate 12-page judgment.

Fiame Naomi Mata’afa, the leader of FAST, took a different and more reasonable view of the judgment, which, as it was, a victory in principle for the HRPP but one with few practical consequences for Samoa’s immediate future.

FAST, she said, had the numbers in Parliament for now and was ready to proceed to transition to a new government, just as previous Parliaments have sat while petitions are in progress.

That puts the two leaders on a collision course that cannot spell good outcomes for this nation.

But the decision also casts in stark relief the fact that the caretaker Prime Minister has shown himself at his most arrogant during a week when he should have learned about humility.

For so many years, Tuilaepa’s tendency toward over-the-top statements have merged with his public-political persona. But it is only in recent weeks as he has begun to feel his power ebb in the wake of an election defeat that we have seen the true depth of the caretaker Prime Minister’s unrelenting self-regard.

He dared to allege only a little more than a week ago that there was a conspiracy against him being cooked up by the nation’s judiciary after his party lost four court battles in a row while trying to use the courts to prevent a new government forming.

Tuilaepa then sought to assume for himself a merged role of judge, jury and Prime Minister by condemning FAST for holding an improvised swearing-in ceremony in order to uphold the constitution.

“I am well versed with this law because I own it; it’s mine,” he said.

Only weeks earlier he said that he was “appointed by God” to lead Samoa and that the judiciary had no authority over his appointment.

The recent decisions of the Supreme Court should have disabused him of the idea that the rule of law is something one man can own.

But the public of Samoa, in one way or another, be it by way of the ballot box or making their feelings known will prove decisive in the resolution of this seemingly endless political saga.

In this time of crisis Tuilaepa’s bombastic persona is no longer proving a political asset but rather something which grates upon the voters of Samoa, and he is losing support evidently.

He is increasingly being less seen as a strongman who can be depended upon to steer Samoa through choppy waters as an immovable object with whom much of the political deadlock originated.

The HRPP have been champing at the bit for another election to be called as a recourse to holding onto power.

But despite winning an absolute number of votes in the April election, almost every step taken by the party and its leader in the interim has done little to endear Tuilaepa to the public. If things continue as they are, the political confidence he had in April is likely to have evaporated by this month’s end.

We saw just as much at the Immaculate Conception Cathedral at Mulivai on Monday evening when he became the subject of a sermon and a general character appraisal by the Archbishop of the Catholic Church, Alapati Lui Mataeliga.

Tuilaepa, not known for welcoming differences of opinion, looked every inch a man in a furnace.

With his eyes closed and fan working overtime, he almost appeared to be hoping to deflect the Archbishop’s words.

It did not, of course.

His Grace’s sentiments are still lingering, long since his homily concluded.

The Archbishop referred to himself as Tuilaepa’s “spiritual father” and indeed he performed his role in this respect by dispensing some home truths to a man — and a nation — in need of them.

Speaking on the eve of Independence Day, His Grace noted that Samoa has had a history of oppression before; we have been colonised by Tongan, German and New Zealand forces in our recent history. Our paramount chiefs have had their natural status constrained and our people have suffered under the yoke of colonial governments which have misused their powers for personal gain.

The historical parallel was obvious.

The Archbishop lamented the current state of the nation which became the first in the Pacific to free itself from colonial rule but only after a long struggle.

“There is no peace and there is no unison and it appears as if our forefather’s shed blood for no reason,” he said.

“We are affected by [our leaders] abusing power due to high-mindedness and dictatorship.

“Without Samoa, there would be no leaders and the people should be well aware of that, the power in which is being abused by these leaders was given to them by us, the members of the public.”

Perhaps Monday’s homily dispossessed him of the conviction that he has a divine right to the Prime Minister’s chair.

It is impossible that Tuilaepa does not realise that his recent actions have sown division in this country.

The government’s recent decree that there be no public celebration of Independence Day clearly reflected a political fear of that day’s symbolism. The notional excuse provided, that large gatherings posed a risk to the public health, was undermined completely the day before when the Prime Minister addressed more than one thousand political supporters.

To have the head of your faith tell hurtful and shabby truths about your conduct must, even for a man of Tuilaepa’s bravado, be a wounding experience. For the sake of the country’s immediate future, we must hope against every indication it was also, deep down, a humbling one.

The Samoa Observer editorial of 2 June 2021. Republished with permission.

Article by AsiaPacificReport.nz