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Contact us. The team. What we do. Arts funding. International programme. Same-sex sexual acts are illegal, punishable by up to 7 years imprisonment, but the law is not enforced.

Samoan society tends to be very tolerant of being transgender , but not of homosexuality. It has a large transgender or "third gender" community called fa'afafine.

Groups advocating for better representation of fa'afafine and the decriminalization of homosexuality include the Samoa Fa'afafine Association which sees anti-gay laws as hindering the full incorporation of both fa'afafine and gay and lesbian Samoans into society.

Additionally, in , Samoa signed the " joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity " at the United Nations , condemning violence and discrimination against LGBT people.

Samoa, much like the rest of Polynesia , used to be very tolerant of same-sex relationships and transgender people before the arrival of Christianity.

Prejudices towards homosexuality did not exist before the arrival of Christian missionaries in the late 18th and early 19th century. Samoan pre-colonial society, similar to other Polynesian societies, was a very "sexually free" culture.

This isn't so much the case in contemporary times, with reportedly very few fa'afafine opting to marry. Sections 67, 68, and 71 of the Crimes Act Samoan : Tulafono o Solitulafono criminalize same-sex sexual acts.

In June , the Samoa Law Reform Commission, in its report to the Prime Minister, recommended "repealing all criminal penalties attached to the criminal offence of sodomy and related acts conducted in private between consenting adult males.

In August , Prime Minister Tuilaepa Sailele Malielegaoi reportedly "scoffed" at the idea that Samoa would follow the lead of New Zealand in legalising same-sex marriage.

When asked if he would support legalisation, he said, "You are dreaming. The Samoan parliament would never consider a bill such as this, at least not in my time.

It is the strong and combined view of the government of Samoa and the country's religious denominations. We stand united against this because Samoa is founded on Christian beliefs.

And Christian beliefs are against this type of behavior which the Bible states, was the reason for the curse that brought destruction on Gomorrah and Sodom.

It is very clear that the sacrament of marriage is between a man and a woman. Same-sex marriage is a sin. And no matter how people present this issue, no matter how they wrap it up, there is only one truth, and that is, this type of behavior is a sin.

In September , Prime Minister Tuilaepa Sailele Malielegaoi ruled out the legalisation of abortion and same-sex marriage in Samoa as long as he and his Human Rights Protection Party remain in power, stating that they would not allow "heathenistic practices" in Samoa and that "it will never be accepted by government because it undermines our tradition and our culture.

In November , a Samoan associate minister accused the United Nations of secretly promoting same-sex marriage in Samoa.

In December , Prime Minister Tuilaepa Sailele Malielegaoi described same-sex marriage as an "abomination" and a "Sodom and Gomorrah practice" and that "there is no true Christian country in the world which would allow it and it would not be allowed in Samoa as long as it remained a Christian country".

Samoa has limited protections for sexual orientation. Section 20 2 of the Labour and Employment Relations Act Samoan : Tulafono o Sootaga Va Lelei o Leipa ma Galuega [29] prohibits direct and indirect discrimination on the basis of sexual orientation against an employee or applicant for employment in any employment policies, procedure or practices.

A person must not discriminate, directly or indirectly, against an employee or an applicant for employment in any employment policies, procedures or practices on one or more arbitrary grounds, including ethnicity, race, colour, sex, gender, religion, political opinion, national extraction, sexual orientation, social origin, marital status, pregnancy, family responsibilities, real or perceived HIV status or disability.

Crimes motivated by sexual orientation or gender identity are criminalized under Section 7 1 h of the Sentencing Act Samoan : Tulafono o Faasalaga Samoa is fairly progressive in terms of gender identity and expression as it has a large transgender or "third gender" community called the fa'afafine.

Fa'afafine are a recognized part of traditional Samoan customs, allowing for transgender people in particular trans women to be accepted as they have always been a part of Samoan culture.

On 1 May , Samoa repealed criminal provisions prohibiting males "impersonating" females. The Crimes Act removed provisions contained in the previous Crimes Ordinance which criminalised males "impersonating" females in a public place, and which was used to target transgender women and gender-diverse people.

Fa'afafine are people who identify themselves as a third gender in Samoa , American Samoa and the Samoan diaspora. The Samoa Fa'afafine Association S.

A describes itself as an organization dedicated to balancing both Samoan values with Western influences and aims to promote a positive attitude toward the Samoan fa'afafine community.

Conversion therapy has a negative effect on the lives of LGBT people, and can lead to low self-esteem, depression and suicide ideation.

The Mental Health Act Samoan : Tulafono o le Tulaga Maloloina o le Mafaufau states that people are not to be considered mentally ill if they refuse or fail to express a particular sexual orientation, and prohibits any conversion therapy by health professionals in the field of mental health.

Samoa is currently due for its third cycle review in April and May In the first cycle of the Universal Periodic Review, Samoa rejected three level 5 recommendations by Canada, France and Norway to act immediately to repeal all legal provisions criminalizing sexual activity between consenting adults, and investigate discrimination based on sexual orientation and gender identity in order to fulfill its commitment to equality and non-discrimination.

Samoa indicated that Fa'afafine, gays and lesbians were integral members of Samoan society and were heirs to family chiefly titles and lands through extended family consensus, as done for all men and women of its society.

However, sexual orientation was a sensitive issue in Samoa given the religious and cultural beliefs of mainstream society.

Nonetheless, Samoa was confident that education, awareness and sensitisation would pave the way for societal acceptance and prevention of discrimination that might arise out of sexual orientation".

The recommendations of the second cycle report reflect increased concerns surrounding the lack of LGBT rights for Samoan individuals, as nearly twice as many countries put forward actions for Samoa to consider, with countries such as New Zealand commending Samoa on its progress in increasing participation by women in Parliament and government leadership positions but noting that further work was required in the area of lesbian, gay, bisexual and transgender rights.

Decriminalizing sexual activity of sodomy and the repeal of all provisions criminalizing homosexual relations are not possible at this time because of cultural sensitivities and Christian beliefs of the Samoan society.

The acceptance of this recommendation will go against the spirit of our Constitution which is founded on Christian principles.

Consequently, Samoa notes these recommendations".

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