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  • Sāmoa
  • Brian T Alofaituli (bio)

The Samoan general elections dominated headlines in 2020–2021. Samoans worldwide watched intently as the two leading political parties battled for seats in the XVII Parliament during the April 2021 general elections. The Human Rights Protection Party (hrpp), which had been in power for over thirty years, was challenged by a newly formed opposition party, Fa'atuatua i le Atua Sāmoa ua Tasi (fast). This year's political review also includes the passing of the controversial Land and Titles Court [End Page 210] (ltc) bills, the breakaway of key members of the hrpp, the beginning and rise in popularity of fast, political gridlock in the general elections, and the swearing in of Sāmoa's first female prime minister.

Sāmoa's newest political party was launched in July 2020 by a former hrpp member and cabinet minister, La'aulialemalietoa Leuatea Schmidt (La'auli hereafter) of Gagaifomauga No 3 of Savai'i. An outspoken critic of hrpp leader and Prime Minister Tuila'epa Aiono Dr Sa'ilele Malielegaoi, La'auli resigned from the party in May 2020 over hrpp accusations against his dishonest dealings and his "contempt of Parliament" (so, 31 Dec 2020). As mentioned in the previous year's review, after pleading his innocence, La'auli announced his resignation from the hrpp and Parliament, with rumors that he planned to start a new political party (Alofaituli 2021). The Speaker of Parliament, Leaupepe Tole'afoa Fa'afisi, immediately declared the Gagaifomauga No 3 seat vacant and announced that a by-election would fill the vacancy (so, 8 July 2020). In July 2020, a couple of months after leaving the hrpp, La'auli revealed his new political party, fast. Running under fast, the veteran mp won the by-election against an independent candidate by a landslide, making history as the first fast candidate to win a seat in Sāmoa's Parliament (so, 31 Dec 2020). The new party gained momentum with Samoans throughout the islands and in the diaspora following this win, and it officially registered and joined seven other political parties for the upcoming April 2021 general elections. In an exciting turn of events, in September 2020, the two leading opposition parties, fast and the Sāmoa National Democratic Party, joined forces under the fast name to contest the 2021 general elections. Both parties agreed to maintain their own manifestos despite the call for unification.

Tuila'epa, hrpp leader and Sāmoa's longest-serving prime minister, seemed unfazed by the opposition's efforts and instead "welcomed" the new party. Toward the end of 2020, another prominent hrpp member left the party, resigned from her cabinet position, and became an independent member of Parliament. Hon Fiamē Naomi Mata'afa strongly disagreed with the party's strong support of the ltc bills, which included the Judicature Bill 2020, Lands and Titles Bill 2020, and the Constitutional Amendment Bill 2020. For Fiamē, the three bills would make the existing Land and Titles Court not "subject to judicial oversight by the Supreme Court" (so, 11 Sept 2020). Furthermore, the bills would determine matters of landownership according to Samoan customary law and give the court its appellate structure (rnz, 13 April 2021). In parliamentary discussions, both Fiamē and Tuila'epa publicly debated the bills' benefits, issues, and related concerns. Fiamē claimed that the bills were "rushed" and that members would need more time to discuss them with their constituencies throughout Sāmoa (rnz, 29 April 2020). In September 2020, she met with the leaders and chiefs of her constituency in Lotofaga. As a result of that meeting, Lotofaga unanimously decided that the government should address their concerns regarding the bills because there are "too many gaps" and the [End Page 211] "gaps will allow the people to play if they are not closed" (so, 9 Sept 2020).

The Sāmoa Law Society, along with local judges and other law institutions—including the Law Council of Australia, the New Zealand Law Society, Amnesty International, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, and the International Bar Association's Human Rights Institute—made bold statements against the passage of the three bills. Despite this...

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