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Parliament name (generic / translated) Fono / Legislative Assembly More photos  >>> Structure of parliament Unicameral Affiliation to the IPU Yes Affiliation date(s) 2000 - LEADERSHIP President Laauli Leuatea Polataivao Fosi (M)  Notes Elected on 18 March 2011. Secretary General Fepuleai Attila Manutoipule Ropati (M)  COMPOSITION Members (statutory / current number) 49 / 49 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 2 (4.08%) Mode of designation directly elected 49 Notes - 47 seats are reserved for ethnic Samoans; - Two seats are open to members of other communities. Term 5 years Last renewal dates 4 March 2011 (View details) CONTACT INFORMATION Address Legislative Assembly P.O. Box 1866 - APIA (Export mailing lists) Phone (685) 21 816 21 811 Fax (685) 21 817 E-mail fono@samoa.ws Website http://www.parliament.gov.ws/

Parliament name (generic / translated) Fono / Legislative Assembly Structure of parliament Unicameral LEGAL FRAMEWORK Electoral law 1 January 1963 Last amendment: 01.01.2005 Mode of designation directly elected 49 Constituencies - 6 multi-member (2 seats) constituencies - 35 single-member constituencies - 1 multi-member (2 seats) constituency for part-and non-Samoans Voting system Majority: Simple majority vote. Each voter casts two votes in multi-member constituencies. There is no threshold to win a seat. Vacancies arising between general elections are filled through by-elections. Voting is not compulsory. Voter requirements - age: 21 years - citizenship of Samoa - physical presence in country on polling day - disqualifications: insanity, undischarged bankruptcy, conviction for offence punishable by death or at least two years' imprisonment, corrupt practice CANDIDATES Eligibility - qualified electors - age: 21 years - traditional heads of families (matais) - residence in country for at least 3 years prior to nomination day Ineligibilities: - conviction for offence punishable by death or at least two years' imprisonment - conviction for bribery and electoral offence The disqualifications above are valid for four years thereafter. - insanity/mental illness Incompatibilities - civil servants Candidacy requirements - nomination by at least two registered electors of the constituency concerned at least 14 days prior to elections - non-refundable monetary deposit equivalent to US$ 85

Parliament name (generic / translated) Fono / Legislative Assembly Structure of parliament Unicameral BACKGROUND Dates of election / renewal (from/to) 4 March 2011 Timing and scope of renewal Elections were held for all the seats in the Legislative Assembly on the normal expiry of the members' term of office. On 5 October 2010, Prime Minister Tuilaepa Sa'ilele Malielegaoi announced that parliamentary elections would be held on 4 March 2011. His Human Rights Protection Party (HRPP) has ruled the country since 1979 and he has been Prime Minister since 1998, after many years as the deputy to the late Tofilau Eti Alesana. In the previous elections held in March 2006, the HRPP won 33 of the 49 seats at stake. The main opposition party, the Samoan Democratic United Party (SDUP), took 13 seats, while the remainder went to independents. In September 2007, Prime Minister Tuilaepa submitted a Road Transport Reform Bill that included a switch to driving on the left-hand side of the road. He argued that this would allow citizens to import cheap second-hand cars from the 17,000 Samoans living in Australia and New Zealand. Opponents argued that the switch would turn many of Samoa's roads - which wind through mountainous jungle terrain with sharp turns - into disaster zones, and collected a petition with over 30,000 signatures. Reacting to a parliamentary committee report on the petition, several HRPP members opposed the Bill. In March 2008, two HRPP members opposing the Bill left the party and became independents. The following month, the Legislative Assembly adopted the Bill. In December 2008, nine members of the Legislative Assembly - including the two members who had left the HRPP - launched the Tautua Samoa Party (TSP) under the de facto leadership of Mr. Lealailepule Rimoni Aiafi. The TSP declared that its members would remain "independents" until the end of the legislature. In January 2009, Speaker Tolofuiaivalelei Falemoe Leiataua ordered the TSP to notify him of its members in the Legislative Assembly within 21 days. The Speaker argued that forming a political party during the parliamentary term was a breach of the Standing Orders and the Electoral Act. In May, the Speaker disqualified all nine TSP members and called by-elections to fill their seats. The TSP leader subsequently filed an injunction to obtain a stay of execution of the Speaker's ruling. In July, the Supreme Court overturned the ruling and ordered the nine MPs to be reinstated and the by-elections to be cancelled. In September 2009, the country of 192,000 inhabitants was hit by a powerful tsunami, which resulted in 183 deaths. Prime Minister Tuilaepa came under criticism over the mismanagement of the tsunami relief funds. The same month, the country switched to driving on the left-hand side of the road. On 27 January 2011, the Legislative Assembly was dissolved in view of general elections. At the time of the dissolution, Prime Minister Tuilaepa's HRPP held 30 seats and his government had the support of five independent members. The TSP had grown to 11 seats in all. In February, two TSP candidates in Prime Minister Tuilaepa's Lepa constituency were disqualified from the 2011 elections owing to a legal provision that requires village leaders to approve candidates on the basis of their service to the community. Under the Electoral Act, candidates must have discharged the normal matai duties (see note) to their village. The candidates filed a case arguing that the provision of the Electoral Act was unclear, but the court dismissed the petition. Prime Minister Tuilaepa went into the 2011 elections unopposed in his Lepa constituency. In all, 159 candidates, including nine women, were vying for seats in the Legislative Assembly: 79 from the HRPP, 40 from the TSP and 40 independent candidates. Prime Minister Tuilaepa's HRPP ran on the government's record of job creation, political and economic stability and an annual quota of 1,100 Samoans given permanent New Zealand residency. The Prime Minister referred to the past five years as "the most reformed-involved era in Samoa's history". The TSP, now led by Mr. Vaai Papu Vailupe, accused the HRPP government of mishandling the tsunami disaster, arguing that the government had not done enough to help victims. The TSP pledged to focus on "the needs of the people" instead of big infrastructural developments. It insisted that the government's policies, such as switching to driving on the left-hand side of the road and its focus on infrastructure, had led to the rising cost of living. In all, 90 per cent of the 76,000 registered voters turned out at the polls. The HRPP took 29 seats, while three cabinet members lost their seats. Seven independent members subsequently joined the HRPP, giving it 36 seats in all. The TSP took 13 seats in all. Its leader, Vailupe, held his seat by a margin of only 25 votes. Two women were elected, down from three in 2006. On 18 March, the newly elected members were sworn in and elected Mr. Laauli Leuatea Polataivao Fosi (HRPP) as its Speaker. STATISTICS Voter turnout Round no 1 4 March 2011 Number of registered electors Voters Blank or invalid ballot papers Valid votes Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Human Rights Protection Party (HRPP) Tautua Samoa Party (TSP) Distribution of seats Round no 1 Political Group Total of seats Human Rights Protection Party (HRPP) 36 Tautua Samoa Party (TSP) 13 Distribution of seats according to sex Men Women Percent of women 47 2 4.08% Distribution of seats according to age Distribution of seats according to profession Comments Sources: Legislative Assembly (31.03.2011) http://www.oec.gov.ws/ http://www.samoaelection.ws

Parliament name (generic / translated) Fono / Legislative Assembly Structure of parliament Unicameral APPOINTMENT AND TERM OF OFFICE Title Speaker of the Legislative Assembly Term - term: 5 years (Term of House) - reasons for interruption of the term: resignation, death, dissolution of the Assembly, conduct unbecoming a Member of Parliament, or adultery Appointment - elected by all Members of the Assembly Eligibility - any Member of the Assembly may be a candidate Voting system - formal vote by secret ballot - usually one round, several rounds if required - no new candidates are admitted once nominations are closed Procedures / results - the Clerk presides over the Assembly during the voting - the Clerk supervises the voting - the Clerk announces the results without any delay - the results can be challenged STATUS Status - ranks in the hierarchy of State immediately below Ministers - represents the Assembly with the public authorities - can be ex officio member of bodies outside the Parliament - in the absence of the Speaker, the Deputy Speaker can assume his/her role and functions Board Material facilities - salary just inferior to a Minister's salary - official car - personal secretary FUNCTIONS Organization of parliamentary business - organizes the debates and sets speaking time - examines the admissibility of bills and amendments Chairing of public sittings - can open, adjourn and close sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Assembly - takes disciplinary measures in the event of disturbance, and lifts such measures - establishes the list of speakers, gives and withdraws permission to speak - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities - authenticates the adopted texts and the records of debates - interprets the rules or other regulations governing the life of the Assembly Special powers - recruits, assigns and promotes staff on recommendation of the Clerk - is consulted by the Cabinet about the appointment of the Clerk who is nominated by the Head of State - is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Chamber Speaking and voting rights, other functions - provides guidelines for the interpretation or completion of the text under discussion - takes only part in casting vote - intervenes in the parliamentary oversight procedure - supervises the debate during the promulgation of laws - ensures that bills do not contain provisions contrary to the Constitution and the Standing Orders

Parliament name (generic / translated) Fono / Legislative Assembly Structure of parliament Unicameral NATURE Nature of the mandate · Free representation Start of the mandate · When the MPs take the oath (Art. 61 of the Constitution, S. 4 of the Third Schedule to the Constitution, SO 4 (2) and (3) of the Standing Orders of the Legislative Assembly Western Samoa). Procedure (SO 4 (1) of the Standing Orders of the Legislative Assembly Western Samoa). Validation of mandates · Validation by the Supreme Court only in case of challenge by an election petition (Art. 47 of the Constitution) · Procedure (Part X of the Electoral Act 1963, Election Petition Rules 1964) End of the mandate · On the day when the legal term of the House ends - or on the day of early dissolution (Art. 46 (1) of the Constitution in connection with Art. 63 of the Constitution) Can MPs resign? Yes · Yes, of their own free will (Art. 46 (2) (b) of the Constitution) · Procedure (Art. 46 (2) (b) of the Constitution): letter of resignation · Authority competent to accept the resignation (Art. 46 (2) (b) of the Constitution): the Speaker Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision: disqualification (Art. 46 (2) (d) of the Constitution): - Election petition (see Validation of mandates) - Conviction for a crime punishable by death or imprisonment for a term of 2 years or more (b) Death (Art. 46 (2) (a) of the Constitution) (c) Loss of citizenship (Art. 46 (2) (c) of the Constitution) STATUS OF MEMBERS Rank in hierarchy Indemnities, facilities and services · Diplomatic passport · Basic salary + Additional allowance · No exemption from tax · Pension scheme in the process of being set up · Other facilities: (a) Secretariat, assistants for the Speaker (b) Official car for the Speaker (c) Postal and telephone services for the Speaker Obligation to declare personal assets No Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 3 of the Legislative Assembly Powers and Privileges Ordinance). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. · Derogations: offence or insult (SO 61 (3) to (7), (9), (10), and (12) of the Standing Orders of the Legislative Assembly Western Samoa)/contempt of Parliament in cases of disobedience to rules or orders of the House (Art. 62 of the Constitution, SO 141 and 142 of the Standing Orders of the Legislative Assembly Western Samoa, Art. 21 to 23 of the Legislative Assembly Powers and Privileges Ordinance; for both, see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers . Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 4 of the Legislative Assembly Powers and Privileges Ordinance). · It applies only to criminal proceedings, covers all offences with the exception of offences punishable by death or imprisonment for two years or more, or a refusal to enter into a recognisance for keeping the peace, and protects MPs only from arrest. · No derogations are foreseen. · Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal. · Protection is provided only during the MP's attendance at the Legislative Assembly or a committee thereof and during a period not exceeding two days while going to and the like period while returning from any meeting of the Legislative Assembly or a committee thereof. It does not cover judicial proceedings instituted against MPs before their election. · Parliamentary immunity (inviolability) can be lifted : - Competent authority: the court - Procedure [see references, · Parliament cannot subject the prosecution and/or detention to certain conditions. · Parliament cannot suspend the prosecution and/or detention of one of its members. · In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs. · It is provided by parliamentary officers. · Handbooks of parliamentary procedure: Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings. Discipline · The rules governing discipline within Parliament are contained in Art. 62 of the Constitution, SO 60 to 61 and SO 139A to 139E, and 141 to 142 of the Standing Orders of the Legislative Assembly Western Samoa, Art. 21 to 23 of the Legislative Assembly Powers and Privileges Ordinance. · Disciplinary measures foreseen: - Call to order (SO 61 (1) of the Standing Orders of the Legislative Assembly Western Samoa) - Direction to discontinue the speech (SO 61 (2) of the Standing Orders of the Legislative Assembly Western Samoa) - Order to withdraw during the remainder of the day's sitting (SO 61 (3), (9), and (10) of the Standing Orders of the Legislative Assembly Western Samoa) - Naming and suspension (SO 61 (3) to (7), (9), (10), and (12) of the Standing Orders of the Legislative Assembly Western Samoa) - Adjournment of the Assembly, suspension of the sitting (SO 61 (11) of the Standing Orders of the Legislative Assembly Western Samoa) - Other measures (SO 61 (8) of the Standing Orders of the Legislative Assembly Western Samoa) · Specific cases: - Offence or insult (SO 61 (3) to (7), (9), (10), and (12) of the Standing Orders of the Legislative Assembly Western Samoa): order to withdraw during the remainder of the day's sitting, naming and suspension - Contempt of Parliament in cases of disobedience to rules or orders of the House (Art. 62 of the Constitution, SO 141 and 142 of the Standing Orders of the Legislative Assembly Western Samoa, Art. 21 to 23 of the Legislative Assembly Powers and Privileges Ordinance): reprimand, suspension (penal jurisdiction) · Competent body to judge such cases/to impose penalties (SO 60 of the Standing Orders of the Legislative Assembly): - Call to order: the Speaker or any other Member - Direction to discontinue the speech, order to withdraw during the remainder of the day's sitting, naming, adjournment of the Assembly, suspension of the sitting: the Speaker - Suspension, other measures: the Legislative Assembly - Contempt of Parliament in cases of disobedience to rules or orders of the House: the Assembly after referral to the Privileges and Ethics Committee, the court after referral to the Prime Minister · Procedure: - Call to order (SO 61 (1) of the Standing Orders of the Legislative Assembly Western Samoa) - Direction to discontinue the speech (SO 61 (2) of the Standing Orders of the Legislative Assembly Western Samoa) - Order to withdraw during the remainder of the day's sitting (SO 61 (3), (9), and (10) of the Standing Orders of the Legislative Assembly Western Samoa) - Naming and suspension (SO 61 (3) to (7), (9), (10), and (12) of the Standing Orders of the Legislative Assembly Western Samoa) - Adjournment of the Assembly, suspension of the sitting (SO 61 (11) of the Standing Orders of the Legislative Assembly Western Samoa) - Other measures (SO 61 (8) of the Standing Orders of the Legislative Assembly Western Samoa) - Contempt of Parliament in cases of disobedience to rules or orders of the House (Art. 62 of the Constitution, Art. 21 (2) to (5) and 22 of the Legislative Assembly Powers and Privileges Ordinance; see also SO 139A to 139E of the Standing Orders of the Legislative Assembly Western Samoa) Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 62 of the Constitution, SO 142 of the Standing Orders of the Legislative Assembly Western Samoa, Art. 20 to 22 of the Legislative Assembly Powers and Privileges Ordinance). · Penalties foreseen for violation of the rules of conduct (= contempt of Parliament in cases of misconduct of Members; Art. 21 (4) of the Legislative Assembly Powers and Privileges Ordinance): penal jurisdiction: - Reprimand - Suspension from the House · Competent body to judge such cases/to impose penalties (Art. 21 (2) of the Legislative Assembly Powers and Privileges Ordinance): the Assembly after referral to the Privileges and Ethics Committee, the court after referral to the Prime Minister · Procedure (Art. 62 of the Constitution, Art. 21 (2) to (5) and 22 of the Legislative Assembly Powers and Privileges Ordinance; see also SO 139A to 139E of the Standing Orders of the Legislative Assembly Western Samoa). In this case, MPs have no means of recourse. Relations between MPs and pressure group · There is one legal provision in this field (Art. 20 of the Legislative Assembly Powers and Privileges Ordinance; see Code of conduct).

This page was last updated on 1 April 2011
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