Samoa

The legal and social environment in Samoa for LGBTIQ people is complex and strongly influenced by both so-called traditional cultural practices and conservative religious values.

Samoa criminalizes same-sex intimacy between men. The Crimes Act of 2013 outlaws “sodomy” and bans anal sex with imprisonment of five to seven years. These laws are rarely enforced, and same-sex intimacy between women is not criminalized. While Samoa bans employment discrimination based on sexual orientation, it does not protect trans and intersex people, and even lesbian, gay, and bisexual people in Samoa have limited legal recourse in cases of discrimination in areas such as health care, housing, and access to other public services. However, Samoa prohibits health professionals from attempting to change a person’s sexual orientation.

The Censorship Board has sporadically censored films depicting LGBTIQ people or content. While there is cultural recognition of the fa’afafine and fa’afatama—terms describing individuals who hold a third gender role that is fluid and communally accepted—this cultural recognition does not necessarily extend to broader acceptance of sexual and gender minorities. Many Samoans are influenced by conservative Christian values and tend to view homosexuality negatively, although some are quietly tolerant, especially toward fa’afafine and fa’afatama.

In 2011, Samoa joined over 80 countries in signing the United Nations’ “joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity.” However, its implementation back home is far from what is expected. Samoa has not fully aligned its domestic laws with that commitment. During the Universal Periodic Review process at the UN Human Rights Council in 2021, governments recommended that Samoa decriminalize same-sex conduct, echoing recommendations made in 2016 and 2011. Samoa has historically rejected some of these recommendations, citing cultural and religious considerations.