Government of Western Samoa
Reportof
The Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa
Presented to His Excellency the Acting High Commissioner
on 30th November, 1950
on 30th November, 1950
By Authority:
, Government PrinterR. E. Owen
Contents
I. Introduction
1. The subject of the Commission's inquiry has been one of deep public interest in Western Samoa for many years past. There has been general agreement that some action was called for on the part of the Government, but great lack of certainty as to the manner in which the subject could best be approached. Finally, it was decided by Your Excellency that the present Commission of Inquiry should be appointed. The original terms of reference of the Commission were issued by you on 27th March, 1950. For the full text of the original terms of reference of 27th March, 1950, and of the supplementary terms of reference of 9th May, 1950, and 21st July, 1950, see Appendix A.
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“1. To inquire into the present structure and mode of operation of village and district fono and of any other traditional authorities which may be exercising legislative, executive or judicial functions in any part of Western Samoa;
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“2. To inquire into the present structure and mode of operation of district health committees, women's committees and any other non-traditional bodies exercising legislative, executive or judicial functions, or acting in an advisory capacity in relation thereto, in any part of Western Samoa;
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“3. To inquire into the manner in which Fa‘amasino Samoa Itumalo, Pulefa‘ato‘aga, and Pulenu‘u are at present performing their duties and to consider the adequacy of the status and powers possessed by these officers;
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“4. To inquire, so far as may be possible in Western Samoa, into the structure and mode of operation of district and village councils, or other similar institutions of local government, in any part of the world where, in the opinion of the Commission, conditions resemble those in Western Samoa;
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“5. To recommend what types of district and village councils, or other institutions of district or village government, the Government should consider establishing in Western Samoa;
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“6. To recommend what powers exercised and duties performed at present by the various traditional authorities and non-traditional bodies or by Government officers, might be transferred to any institutions of district or village government constituted in accordance with recommendations under the preceding section;
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“7. To indicate any other functions which might, now or in future, be performed by such institutions of district or village government;
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“8. To indicate any functions at present performed by the various traditional authorities and non-traditional bodies which might, now or in future, be transferred to any person or body corporate, other than any institution of district or village government;
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“9. To indicate, generally, any other matters which should be taken into account by the Government in determining policy in relation to district and village government.”
2. The Commission was originally composed of the Chairman and six members. On 20th April, 1950, one of the original members,
3. Our terms of reference appointed the Hon.
4. The first task of the Commission was the collection of information and opinions, as a necessary preliminary to the framing of recommendations. Most of the evidence received by the Commission has been obtained during malaga, in the course of which members have had discussions with the ali‘i and faipule of every village in the Territory. As these malaga formed the most important single part of the Commission's work, a brief description of the procedure followed should, perhaps, be given. In advance of each visit, a letter was sent to the Faipule for the district and to the pulenu‘u of all villages. These letters proposed a date and a time for the particular meeting, subject to its suitability to the ali‘i and faipule, and asked that arrangements be made as to the place of meeting. When it was possible, the Faipule generally consulted the Chairman and Secretary of the Commission personally regarding arrangements. With the letters to pulenu‘u, a circular letter to the ali‘i and faipule was enclosed. This explained, in general terms, the duties of the Commission and the type of information which should be sought during the projected visit. A short summary of the questions to be asked was also enclosed, and the pulenu‘u was requested to assemble certain facts, as to population and other matters, in advance of our visit. Full details of all visits were also broadcast some days before they were due to take place. This careful preparation, together with the explanation of the Commission's plans which had been given to the Fono of Faipule by the Chairman, helped to ensure the success of our meetings when they finally took place.
5. Meetings with the ali‘i and faipule were spread over a period of four and a half months. The first meeting was held on 24th April, at Lauli‘i, in Vaimauga; the last two were held on Manono on 5th September. During that time visits had to be suspended on a number of occasions
6. The Commission normally divided into two parties of either three or four members each. Notes of evidence were usually taken down by a clerk, although on certain occasions they had to be taken by the members themselves. A questionnaire was drawn up to serve as a basis for discussion (see Appendix B). In a preliminary section of this document, space was provided for the inclusion of basic facts relating to each village to be visited. These were filled in before leaving Apia, so as to give members a frame of reference against which to judge the answers to questions. The main part of the questionnaire covered all the more important aspects of district and village government. Discussion was not, of course, confined to the asking of set questions and the recording of answers. Members followed up any point of special interest in the form of control existing in a place being visited, and the ali‘i and faipule were always invited to raise any additional matters of interest to them. In addition, much informal discussion took place outside the main meeting. By these various means the Commission generally obtained a fairly full account of districts and villages being visited and gained an acquaintance with the point of view of all sections of the community.
7. Evidence has also been received from a number of Government officers regarding the relationship between their Departments and the district and village authorities. In addition, the Commission issued a general invitation to any individual or organization to offer oral or written evidence on any point relating to the subject-matter of our inquiry. No advantage was taken, however, of the invitation. For this there are, it is believed, several reasons. During the course of its malaga the Commission had already seen a great proportion of those who might otherwise have been disposed to offer evidence. Further, it has always been made clear by Your Excellency that a full opportunity will be given for discussion of our report before the Government takes action upon it. Some of those who are most keenly interested in our work are obviously waiting to receive our own proposals before venturing to make their own comments.
8. Meetings for the receipt of evidence have been conducted, mainly, by the Chairman and the original members (including
9. The final stage in the work of the Commission was reached on Monday, 2nd October, when a general meeting of all members was held to begin consideration of the scope and content of the report. After deliberating upon the general character of its recommendations, the Commission came to the conclusion that there was one matter which it was desirable to bring to Your Excellency's immediate attention. This was the proposal that a District and Village Government Board should be set up.
10. We accordingly presented our first report to Your Excellency on 11th October setting out fully our proposals on this matter. The substance of the recommendations made in the first report is incorporated in paragraphs 29–47 of the present final report. The first report may therefore be considered as having been superseded by this report.
11. Discussion of the report was taken on a motion proposed by our Chairman,
12. There has since been further evidence of the sympathetic reception of our proposals and of the continued, and still increasing, conviction among the people of Samoa of the importance of the subjects of our inquiry. In particular, a motion was moved in the Legislative Assembly on 1st November by Hon.
II. Historical Survey
13. The modern problem of government in Western Samoa is over a century old. From the time when regular contact with the outside world was first established, there was a need to develop new forms of political organization. A Central Government was needed to conduct relations with the representatives of foreign countries, such as Consuls and the Captains of men-of-war, and to protect the interests of Samoans in the face of the desire of foreign residents to acquire land and wealth. New methods of enforcing law and order had to be worked out when the present Town of Apia, with its large European population, began to grow up in the district of Vaimauga. More slowly, there arose the need to create links between the Central Government and the traditional authority of the ali‘i and faipule and to help the traditional authorities to meet changing conditions.
14. There has been a remarkable continuity in the essential characteristics of the political issues facing Samoa, and some degree of consistency in the methods that have been adopted to meet them. This is not the place however, in which to survey Samoan political history as a whole. Certain of the issues only are relevant to the present inquiry. We are concerned with the creation of an effective bridge between the Central Government and the authorities controlling district and village affairs
15. The first systematic attempt to develop effective links between the ali‘i and faipule, on the one hand, and the Central Government, on the other, was made in 1873 by the Ta‘imua and Faipule, with the advice of an American visitor, Colonel
16. These steps were important for two reasons. Firstly, the Samoan Government at Mulinu‘u needed the support of the ali‘i and faipule to give it strength to deal with the many troubles with which it was beset. In dealing with the representatives of Western Governments and with European settlers in Samoa it had to have firm backing from the leaders of Samoa. Secondly, new problems were already beginning to arise in the districts which required the adoption of new methods to deal with them. Trade had established itself even in parts of the country far distant from Apia; European planters were settled in many districts; and the number of foreign claimants to Samoan lands was constantly increasing. But, despite the need, little real success attended any of the efforts that were made to bring district and village affairs into a proper relationship with the Central Government. For this failure there were, of course, a number of reasons. Lacking both the desire and the ability to impose its policy by force, the Samoan Government had to rely on the full understanding and support of the ali‘i and faipule. This it was not able to obtain. The reforms themselves owed too much to papalagi advisers. The position of ta‘ita‘i itu, in particular, could not be made to fit in easily with Samoan custom. And the laws that were made by the Malietoa Government in 1891 are phrased so curiously in Samoan that it is obvious that they represent a somewhat imperfect translation from an English original. On the other hand, the ali‘i and faipule were themselves not ready to attempt to make administrative changes work. Office-holders valued their positions so far as they enhanced their status fa‘a-Samoa. They made little effort, generally, to perform the duties which attached to them. The reforms remained more impressive on paper than in practical effect.
17. When German rule was established in 1900, there was not the same need for the Central Government to seek the backing of Samoan custom. Ultimately it owed its strength to the resources of the German Empire. It was still necessary, however, to create proper links with the district and village authorities in order to maintain law and order. At first the German Governor,
18. The New Zealand military administration which took over from the Germans continued the existing policy in relation to district and village affairs. When it was replaced by a civil administration in 1920, there was still no immediate change. A memorandum sent to all Faipule declared: “The Constitution Order [of 1920] does not affect the Government of the Samoan people in Samoan matters, and it is silent on this subject. It is silent because the New Zealand Government feared that, if the details of the Government of the Samoan people were put into print, the system which now exists might be spoilt. The New Zealand Government does not desire to spoil the present system; it desires to carry on the present systen; and the arrangements whereby the Fautua, and the Faipule, and the Fa‘amasino, and the Komisi, and the Pulenu‘u and any other Samoan officials take a part under the Administrator in the Government of the Samoan people is considered a good arrangement and is to be carried on.”
19. The first important changes were made in 1925. A year earlier the Administrator,
20. The next attempt to bring local authorities into a closer association with the Central Government was made in 1938. In that year the Acting-Administrator, Mr. A. C. Turnbull, consulted the Native Affairs Department and the Chief Judge in regard to this subject. A scheme was drawn up providing for the granting to the ali‘i and faipule of legal power to make regulations and to try offenders. Although the work was done without consultation of Samoan opinion, there seems to have been a genuine desire to base Government policy on Samoan custom. However, the scheme had a number of faults in matters of detail, and no action was taken in regard to it.
21. In 1947, when the details of the present Samoan Constitution were being worked out, the subject was again discussed in official circles, both here and in New Zealand. Several memoranda were prepared for the
22. This survey of actions that have been taken in the past reveals several general principles that are still important at the present time. First of all, the history of events before the German annexation of Western Samoa shows that a Samoan Government, in which real responsibility resides in Samoan hands, must be firmly based on Samoan tradition and on Samoan ideas of right and wrong if it is to be strong and stable. The Central Government must be responsive to Samoan opinion, and it must be firmly linked with the authorities in the districts and villages, which are in everyday contact with the great majority of the people. Failure in these matters contributed greatly to the breakdown of Samoan government in the nineteenth century. If we can now succeed where our predecessors failed, we shall be laying the firmest possible foundation for the development of Samoan self-government.
23. A second principle which stands out clearly is the need for full Samoan participation in the working-out of policy. From the establishment of the German Government in 1900 till very recently, European officers tended to treat the Samoan people almost as children who needed looking after by their wise and benevolent rulers. This attitude stands out clearly in the memorandum to the Faipule in 1920, which has already been quoted. It can be found in countless official speeches in later years. In 1927, for example, Sir
24. This attitude towards Samoan affairs was always more pleasing to European officials than to the Samoan people. Many times, over the last thirty years, there have been requests for the right of fuller participation in political life. In 1920, for example, the Fono of Faipule
III. Recommendations
a)
General
25. In deciding upon its recommendations, the Commission has had two objects in view. Firstly, it has been concerned with preserving and making full use of all parts of the traditional structure of district and village government which can still satisfy present needs. Secondly, it has been concerned to lay down lines of policy which will continue to meet the changing needs of the future. In other words, although our recommendations have been devised to meet the requirements of the present situation, they have been drawn up in full consciousness of both the past and the future.
26. Considering first the need to base policy upon Samoan tradition, it is the firm conviction of all members of the Commission that healthy political development in Samoa is possible only through acceptance of the ideas and ideals and the forms of organization which the Samoan people accept as right and just. True self-government, in which all responsible people are able to take their proper part, and in which they can maintain an intelligent interest, must be government in accordance with generally accepted ideas. In Samoa, as elsewhere, such ideas are the product of centuries of political experience. In other words, Samoan self-government must be government founded upon Samoan political tradition.
27. At the heart of that tradition is the authority of the individual matai over his family and of the ali‘i and faipule over the affairs of villages and districts. These traditional forms of authority exist equally in all parts of Samoa, but, owing to the way in which Samoan communities have grown up—each in high degree independent of others—there are
28. It has not, however, been sufficient merely to take proper account of tradition. We have had also to keep in mind the changes which have occurred in Samoa over the past one hundred and twenty years and which are still continuing. Apart from the momentous influence of Christianity, the past century has witnessed the growth of a larger overseas trade, the spread of education and medical services, and the revolutionizing of internal communications. These developments have led to a large increase in the responsibilities of the ali‘i and faipule. The latter now build school and hospital buildings, control water-supplies, deal with disputes between their people and trading firms, and seek to control European-introduced troubles such as gambling and drunkenness. Our recommendations have therefore been framed so as to take full account of the new tasks with which our political institutions have now to deal.
b)
The District and Village Government Board
29. As was explained in our first report, the Commission is of opinion that it is necessary to provide an effective link between the Central Government and the authorities controlling district and village affairs. It is necessary to provide a means by which the requirements of modern administration and of the law can be explained to the ali‘i and faipule and by which the requirements of the ali‘i and faipule can be explained to the Government. It is necessary also to provide for the working-out in detail of the respective fields of activity of the Government and of the ali‘i and faipule and the most useful forms of co-operation between them.
30. In the opinion of the Commission, a task of this character cannot be satisfactorily entrusted to a Government Department. It requires the pooling of the political experience and judgment of a group of men of whom most, at least, must be in closer touch with the currents of political opinion in the country than a departmental head is able to be. It requires, too, the attitude of mind of men active in politics—constructive and willing to create something new—not the attitude which necessarily imposes itself on most public servants of absorption in the maintenance of an existing way of doing things. For such reasons, the Commission is convinced that these responsibilities should be placed in the hands of a District and Village Government Board.
i)
The Members of the Board
31. The Commission recommends that the Board be composed of the members of the Council of State and six other members nominated by the Fono of Faipule. It should also have a secretary, who would be its principal executive officer and would attend all meetings.
32. In recommending that the members of the Council of State should be members of the Board, the Commission has not overlooked the fact that both the High Commissioner and the Hon. Fautua already have a great part of their time occupied by attendance at meetings of various kinds. It has reached the conclusion, however, that their designation as ex officio members of the Board would be the most effective, and the proper, way of ensuring that the policy of the Board is fully co-ordinated with Government policy as a whole. In a later paragraph it will be suggested how the work of the Board might conveniently be divided into deliberation on matters of major importance and routine work. The members of the Council of State would not necessarily be present at meetings in the latter class. In this way, the demand upon their time would be reduced to a minimum.
33. The Commission recommends that the remaining members should be nominated by the Fono of Faipule, because that body is directly representative of the districts. They should hold office for the same term of years as a Faipule, except in the case of a casual vacancy brought about by resignation, death, or other cause, when the person appointed should serve only for the remainder of the term of office of the member whose place he had filled. The number of ordinary members has been fixed at six to make the Board large enough for persons of different interests, experience, and age to be represented, while keeping it small enough for the convenient transaction of business.
34. The small size of the Board would also help to emphasize another important point. The Boards' function would be that of carrying out the particular duties with which it has been charged, within the framework of general government policy. It should not regard itself as a policymaking body, or as a body directly representative of the people. The making of policy, and the representation of the people, are the functions of the High Commissioner, the Council of State, the Legislative Assembly, and the Fono of Faipule. The Board's duties would be more limited, and would be subject to decisions reached through these ordinary constitutional channels.
35. The primary consideration of the Fono of Faipule in considering nominations for membership of the Board should be, therefore, not whether a man represented a particular part of the country, but his personal qualifications for the work he would be called on to do. The
36. The Commission has given the most serious consideration to the factors which should govern the choice of a Secretary. Clearly, the success of the Board would depend to a considerable extent upon the calibre of its Secretary. As a full-time officer, he would be expected to prepare the business of the Board's meetings. He would arrange for any necessary advice or information to be available to members to assist them in making decisions. This might involve him in extensive study of files or other documentary material, or in arranging for persons to appear before the Board to give oral evidence. He would also have to pass on, and probably explain, recommendations of the Board to Government officers. Further, he would have the highly responsible task of giving informal advice to district and village authorities on matters within the Board's field of operation. Finally, he would have to organize courses of instruction for various district and village officials.
37. To carry out these tasks successfully, the Secretary would require intelligence, integrity, education and experience. He would have to possess the standing and the personality necessary for obtaining the co-operation and assistance of senior Government officials, and for retaining the sympathy and friendship of the ali‘i and faipule. He should be capable of explaining legal and administrative points to district and village officials in clear but simple terms. It would be essential that he should possess some knowledge of local government in other countries.
38. The Commission gave particular consideration to two ways in which the secretaryship might be filled. First, it considered the suggestion that a European officer with suitable experience and personality should be appointed for a term of three years, with a Samoan assistant, whom he would train to succeed him. Eventually the Commission rejected this suggestion because of the uncertainty as to whether a suitable officer would, in fact, be found. The qualities required are not those which are found in any large proportion of Government officers at present. The Commission is convinced that the appointment as
39. Secondly, it considered the suggestion that a Samoan be appointed as Secretary from the start and that the Board should also have a European Adviser during its first few years of operation. This suggestion presents certain difficulties, but, after the most thorough discussion, the Commission decided to adopt it. At the present time it is unhappily true that no Samoan has the breadth of experience and training needed for the full performance of the duties of Secretary to the Board. There are, however, men with the requisite ability who, with further experience, should be able to fill the position with credit to themselves and satisfaction to the Board. The Commission therefore recommends that the position of Secretary be filled by a Samoan. The man chosen should, if possible, have some experience of Government service, as well as of the work of the ali‘i and faipule. He should be young enough to benefit from any training which he might be able to obtain, as well as from practical experience. As soon as possible after appointment, he should be sent abroad to study local government in New Zealand, Fiji, and, possibly, other countries. No effort should be spared to find the best man available. The status and salary of the Secretary should not, in the opinion of the Commission, be below that of the Assistant Public Service Commissioner. In view of the varied qualities required in the holder of this office, the Commission considers that it would be more suitable for the power of appointment to be vested in the High Commissioner than in the Public Service Commission.
40. A further difficulty in appointing a Samoan to the secretaryship at the outset is that the period in which he would be learning his job would be one of vital importance in the implementation of district and village government policy. In its first few years the Board would be establishing rules of procedure that would be likely to influence it for many years to come. Also, it would be considering proposals put up by districts and villages for the recognition of various type of authorities. The character of its recommendations on these proposals would greatly influence the structure of district and village government in future years. During this period the Secretary would not be able to assist the Board as fully as would be desirable, owing to his lack of experience. For these reasons, the Commission recommends that an Adviser to the Board be appointed for a period of three years. He should be a man with broad knowledge of local-government matters and a constructive bent of mind. He should be able to give the Secretary guidance in training himself for his duties, but be willing to withdraw from the centre of the stage himself as the Secretary gained experience. In other words, his relationship with the Secretary should be that of a counsellor and friend,
ii)
The Work of the Board
41. During its first few years the Board would have much of its time taken up in consideration of proposals brought forward by districts and villages for the recognition of various types of local authorities. Such proposals would be drawn up by the district or village concerned, in consultation with the Secretary to the Board. Representatives of the district or village would present the proposals to the Board. They would be carefully examined, in the light of certain general principles which will be set forth in the succeeding sections of this report, and to ensure that they were in conformity with the law. After the making of any agreed amendments, the proposals would become the subject of a recommendation to the High Commissioner. The Board would advise the High Commissioner whether, in its opinion, the stage had been reached when a legally recognized district or village authority should be brought into being by Proclamation, in accordance with the proposals, or whether further study of the situation was necessary.
42. When legally recognized institutions of district and village government had come into existence in most parts of Samoa, consideration of constitutional matters would occupy much less of the Board's time. Such matters would, however, remain important. It is to be expected that experience and changing conditions will make it desirable for amendments to be made in the structure and powers of many authorities. Such proposals for amendment should come before the Board in the same manner as proposals for the original establishment of a local authority.
43. A second function of the Board would be in relation to district and village regulations. In the interests both of the ali‘i and faipule and of the Government, it would be necessary to ensure that regulations which were to possess legal standing were in accordance with the law and with the conception of justice which rules in the Courts. Otherwise, the Courts would not be able, in practice, to enforce them. The simplest method of ensuring this would be to require that each authority which had been given the legal power to make regulations should submit them to the Board in writing. The Board would examine them and, unless they conflicted with the law or with justice, would then formally confirm them. To assist in this work, the Board would probably find it advantageous to draft a set of rules defining the general character which regulations on specific subjects should possess. Such rules would not be intended to impose a rigid uniformity on the regulations made by different
44. A third function of the Board would be that of advising the Government on requests for financial and other assistance from district and village authorities. In such matters the Board would have to be careful not to offer advice on purely technical aspects of any project under discussion. Such advice would continue to be supplied by the Government Department most closely concerned. For example, a request for financial aid in connection with the construction or extension of a water-supply would be examined from the technical point of view by the Public Works Department. The Board would offer advice on such a proposal, or any similar one, from the administrative angle. From its intimate and continuous contact with the ali‘i and faipule of every district, it would be able to suggest the way in which Government assistance might most usefully be given.
45. In complementary fashion, the Board should be prepared to give advice, through its Secretary, to district and village authorities on the best methods of controlling their finances, keeping their records, and so on. It should also consider the preparation and distribution of standard types of account books, books for the recording of regulations, and registers for the recording of judicial decisions. The development of a standardized system of records should considerably simplify the work of district and village officials, auditors and other Government officers concerned, and the Board itself.
46. A further function which the Board should exercise would be that of arranging instruction for various district and village officials. The Commission is recommending, in a later section of this report, that clerks be appointed to assist pulenu‘u and, in some cases, other officials. These clerks should receive proper instruction before taking up their appointments. It would be the responsibility of the Board to plan suitable courses of instruction and to ensure that the necessary arrangements were made with the Education Department and others concerned. In addition to organizing such formal courses, the Board should take the steps necessary to encourage the spread of information of use to the ali‘i and faipule, and to the people generally, in the management of local affairs. Work of-this kind would extend from the direct preparation and distribution of pamphlets on administrative methods to the making
47. By carrying out these duties, and others which would inevitably be added in the light of experience, the District and Village Government Board would be providing an effective link between the Central Government and the ali‘i and faipule and thus ensuring the orderly development of district and village government in Samoa.
c)
The Preparation of District and Village Government Proposals
48. The procedure by which districts and villages should obtain legal recognition of their authority would involve the presentation of detailed proposals to the District and Village Government Board by the district or village concerned, as explained in the preceding section of this report. In general, it will be a responsibility of the existing traditional authorities in each district or village to draw up such proposals, in consultation with all sections of the people. When agreement has been reached regarding the exact form in which legal recognition is desired, application should be made to the Board for consideration of the proposals. These proposals, when duly accepted by the Board, will be the subject of a recommendation to the High Commissioner, who will then, if he is in agreement, issue a Proclamation granting legal recognition to the particular local authority and defining its powers. In this way, each district and village should be assured that the powers granted are in accordance with custom and with present needs.
49. The general form which such district or village proposals should take will require to be defined by Ordinance. The full scope of the powers which may be accorded to district or village authorities will have to be clearly laid down, along with those provisions in the local-government system which will not vary as between one part of the country and another.
50. In all those matters which will depend, on the other hand, upon the custom and practice of the particular district or village, the details will be determined by the High Commissioner's Proclamation in each case. It will therefore be necessary for those presenting proposals to the Board to make sure that all such matters are adequately provided for, and it will be the duty of the Board to point out any gaps in the proposals as they are presented.
51. In the succeeding sections of this chapter, some indication is given as to which matters should be defined by Ordinance of the Legislative Assembly and which will have to be determined, in each particular case, by Proclamation.
d)
Constitution of Fono and Committees
52. One of the most important matters in which the details will have to be worked out for each local authority separately is that of the constitution of the various fono and committees. General legislation should merely authorize the recognition of certain types of fono and committees, and the details of their powers and membership should be decided in each case on the basis of the proposals put forward by each district and village. Those responsible for preparing such proposals will have to take special care to explain their wishes accurately and fully.
53. In regard to the membership of traditional fono, only a few points of difficulty are likely to arise. It is still the practice in all parts of Samoa to restrict membership to the matai, although in certain places a taule‘ale‘a may attend as secretary or treasurer (but not with the full rights of membership). Similarly, faife‘au, Samoan medical practitioners, traders, teachers, and others may attend on occasions when matters of professional interest to them are under discussion.
54. There is, however, one important matter in regard to the composition of fono on which it is necessary for the Commission to comment. That is the position of a matai who holds a title from some other district, and not from the district in which he is residing. In practice, the position of such a matai does not present any difficulty in most parts of Samoa, where the number of holders of titles from other places is small. In many villages in the vicinity of the Town of Apia, however, the number of matai from outside is very large. Indeed, in certain villages they outnumber those who hold local titles. Under such conditions, a real problem may come to exist unless care is taken to avoid it.
55. The Commission devoted considerable attention to this particular problem, and reached the conclusion that every precaution must be taken to see that the true custom in the matter is observed. According to Samoan custom, a matai coming to reside in a district other than his own should show proper respect for the pule of that district. If he desires to participate in its affairs, he should show himself willing to make all contributions required of other matai, including taking his share of responsibility for the support of the school and its teachers, and for the raising of funds for medical work and other village and district purposes. In return, it is proper for the ali‘i and faipule to let him take part in their affairs, including participation in discussions of the fono, when he has given adequate proof of his spirit of co-operation. In the opinion of the Commission, this customary practice still provides adequately for the position of a matai not holding a title from the district where he resides. In cases where difficulty has arisen it has, we consider, generally been due to a failure to observe the custom properly, either on the part of the individual matai concerned or on the part of the ali‘i and faipule.
56. The proper solution, then, of this problem is to be found in full adherence to custom. It will be necessary, however, for some clear reference to be made to it in relation to the legal powers of district and village authorities. This reference should be made in the general legislation implementing our proposals, rather than in the individual schemes for particular districts or villages, since the same provisions will be applicable to all parts of the territory. As local authorities will be taking decisions having the force of law, it will be necessary to provide some legal guarantee that a matai who is co-operating in the affairs of the district or village where he lives shall have an opportunity of making his opinion heard in regard to such decisions. A guarantee would probably best be given by requiring that a matai who had lived in a district for a certain time and made the ordinary contributions should have the right of taking part in all discussions of the fono. The time required for a matai thus to quality might, perhaps, be twelve months, though in practice—as the Commission learnt on its malaga—many villages would be willing to allow participation much sooner. If a matai believed that he was being wrongfully excluded, it would be in his power to lodge a complaint, and the matter would then be judicially examined. The local authority concerned would be required either to show cause for excluding him or else to admit him.
57. In the membership of committees there is certain to be much greater variation than in that of district or village fono. Among existing district committees, members are chosen to represent the different villages in various ways. In some cases the number of representatives is in proportion to the population of the village; in others, it is not. The composition of village committees is subject to considerably greater variation between place and place. In some villages there is one general committee; in others, there are several to perform different duties. In some, all the matai are nominally members, whereas in the majority of places the membership of the Committee is kept fairly small. Certain villages have kept the committee as a body with a traditional structure and confined membership to the holders of particular orator titles. In other places, membership is much more open. In many villages there are now taulele‘a serving on village committees along with matai; and, in at least one or two places, representatives of the women also take part in the work of general village committees. The Commission believes that the actual composition of committees should be determined in accordance with the wish of a particular district or village. It should not be decided in the general law; and the District and Village Government Board, if it wishes to see improvements made in a proposal brought before it, should limit its action, generally, to persuasion, and not attempt to force its views on a district or village.
58. The membership of all committees would therefore be decided on the basis of particular proposals put before the Board by a local authority. These would have to state the number of members and the manner in which they were to be appointed. This should not be allowed, however, to prevent the making of useful changes, when experience had shown them to be desirable. Such freedom could best be given by allowing committees the power to co-opt additional members. In some cases, districts or villages might wish to co-opt a S.M.P. or a school-teacher to a committee, and, in others, they might wish to appoint a trader who was taking an active part in local affairs. The addition of such persons to a committee, when it is desired by the original members, might greatly strengthen it in its work. It should not be discouraged by the Government, and as few restrictions as possible should be placed upon it. In the opinion of the Commission, a person of European status should not be excluded on that account if the committee wished to appoint him. The only restriction which should be placed on the power of co-option should be the requirement that those so appointed should be genuine local residents.
e)
The Making of Regulations
59. At the present time the law and local regulations of the ali‘i and faipule often cover the same subjects. Frequently they provide different penalties for the same offence. Such a conflict of law, and consequently of jurisdiction, tends to diminish the authority of both the Government and the ali‘i and faipule. One of the principal purposes, of course, to be served by giving legal recognition to district and village authorities is the ending of that conflict. When local authorities are given the power of making regulations which will have the force of law, there will have to be a clear division made between the subjects which the principal law-making body, the Legislative Assembly, reserves to itself and those on which it is prepared to delegate its powers to district and village authorities.
60. The working-out of such a division will require careful examination of the existing situation by persons with a knowledge of both law and custom. In many cases the existence of local regulations on subjects which are already covered by the law is largely an indication that the law itself is not at all fully enforced by the police outside Apia. This is so in regard, for example, to the regulations against brewing and distilling which exists in a great number of districts. In a number of such cases the proper course will be that of restricting the power of local authorities to make regulations, and, at the same time, making provision for the enforcement of the law. In other cases, careful thought will have to be given to the question of whether a change in the existing law is not called for.
61. As an example, we may take section 171 of the Samoa Act, 1921, which declares any one liable to five year's imprisonment with hard labour who “unlawfully enters or is in any dwellinghouse by night with intent to commit a criminal offence therein, or who is found by night in any dwellinghouse without lawful justification for his presence there.” It is obvious that nearly all cases of this offence which occur are, in practice, dealt with by the ali‘i and faipule in accordance with local regulations. The matter is not brought to the attention of the police, and the law is largely inoperative. This may be, in fact, a better course than rigid enforcement of the law in its present form. In Samoan custom the matters covered by that section of the Samoa Act fall into two distinct classes. First, there is the offence of entering a house at night with intent to commit murder, rape, or other serious crime. Secondly, there is the much commoner practice of young people entering a fale in the evening in search of food. The first type of offence is one which should clearly be brought to the attention of the police. The second type, however, is one which is regarded by Samoan opinion as relatively slight. It should be punished far less heavily. It is, perhaps, a matter which could be left to local authorities to deal with in the way they think best suited to their particular conditions.
62. The exact delimitation of the powers of making regulations which should be given to district and village authorities must await careful and expert examination of some parts of present law and custom. We think it will be useful, however, if we give a general indication of the subjects which we consider should normally fall within the regulation-making power of local authorities. With certain qualifications, which we shall state later, we consider that the following subjects are ones on which such powers should be delegated to district and village authorities:—
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Care and development of lands and plantations and control of insect pests and plant diseases:
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Cleanliness of the village, hygiene and sanitation:
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Control of animals:
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Provision, maintenance, and use of cemeteries, boats, roads, tracks, fences, water-supplies, and electricity supplies:
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Control of the taulele‘a and persons not normally resident in the village:
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The imposition of a curfew:
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School attendance:
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The behaviour of any residents of the district or village on any public road—(
e.g., throwing stones at cars and buses, playing games in the centre of the road, or otherwise interfering with traffic: -
The behaviour of residents while travelling in buses, trucks, &c.:
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Stealing of food from plantations, houses, &c.:
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Entering a fale at night with the intention of stealing food:
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Having an affair with a married man or woman:
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Raising of money for district or village purposes:
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Appointment of committees and determination of their membership and powers.
63. The subjects listed in the preceding paragraph are not intended to be an exhaustive list of all matters on which district or village regulations might be made. They are meant, however, to indicate the general views of the Commission. Further, the actual powers to be assumed by any particular local authority might well vary from the standard pattern on account of the wishes of the district or village concerned. The details would be a subject for discussion between the district or village and the Board. They would be settled within broad limits defined in an Ordinance of the Legislative Assembly.
64. There are certain subjects at present mainly dealt with under regulations of the ali‘i and faipule on which it would probably be wise to prepare Ordinances but to leave actual punishment of offenders to the district and village authorities. These are matters of importance in Samoan custom where the method of punishment is the same in all parts of the Territory. Such subjects as the improper recitation of genealogies and the use of insulting or provocative language belong to this class. The uniformity of treatment accorded by a general law would, in these cases, be an advantage.
65. The Commission has given consideration to the procedure which should be followed when a legally recognized district or village authority wishes to obtain confirmation of particular regulations. As has been pointed out earlier in this report, such confirmation by the District and Village Government Board would be the proper way of ensuring that regulations were in accordance with law and justice and that the Courts would therefore be able to enforce them when necessary. We recommend that every regulation for which legal backing is to be sought should be Tequired to be set down in writing in the records of the district or village authority making it, with a definite statement of the penalty to be imposed on those found guilty of a breach of it. A copy of this written entry should be forwarded to the Board, which would then confirm the regulation if it was in accordance with the law and with justice. As soon as formal confirmation had been given, the regulation would have the full force of law.
66. In conclusion, it should be emphasized that these recommendations regarding the making of district and village regulations are not intended in any way to impose a uniformity of practice in matters where the opinions of different parts of Samoa still differ. The duty of the Board
f)
The Carrying-Out of Decisions
67. When legal power is given to district and village authorities for the making of regulations, it will also be necessary to make adequate provision for the carrying-out of decisions reached, On the executive side, the work will fall far more fully on individual villages than on districts.
68. At the village level, the position of the pulenu‘u is bound to be one of central importance. As has been shown earlier in this report, the actual duties performed by the pulenu‘u at the present time in most villages are far more extensive than those which are required of him in terms of his formal appointment. The Commission considers that it is now desirable, both in the interests of effective administration and in fairness to the pulenu‘u himself, that his duties should be much more clearly defined. In the main, such a definition of the duties of the pulenu‘u should be incorporated in the legislation giving effect to our recommendations, since it will be equally applicable to all pulenu‘u. There are, however, a few matters which should be left to the discretion of individual local authorities. These should be dealt with in the proposals put forward by districts and villages.
69. In our view, the pulenu‘u should be recognized as having dual functions. He should be both the representative of the Central Government in the village and the principal executive officer of the village authority. In his first capacity, he should continue to act as registrar of births and deaths (though his responsibilities should be enlarged to include Europeans); he should furnish all other returns required by Government; and he should make all necessary arrangements for the reception of Government officers on official malaga. In matters of concern to his village, he should normally serve as the channel of communication between the Government and the village authority. In his second capacity—as executive officer of the village authority—he should be responsible for seeing that all decisions of the fono are properly carried out. Normally, he should be the leader of all committees charged with executive or supervisory functions, such as plantation committees, school committees, or committees concerned with village welfare generally. In addition, he should keep in touch with women's committees and committees of the taulele‘a through their leaders. In this matter the exact
70. These duties will make the work of the pulenu‘u considerably more responsible and more strenuous than it is at the present time. In order that they may be satisfactorily discharged, the Commission has two recommendations to make. First, it is necessary to make the position of pulenu‘u attractive to the most energetic matai available. To some extent the importance which the post would possess under our scheme would serve as an inducement to an able man to accept it. The primary need, however, is that of adequate remuneration. At the present time the salary of a pulenu‘u is insufficient, in the opinion of the Commission, in view of the actual duties which he is expected to perform. The need for an increase will become even greater when village authorities receive legal recognition. Such a higher salary would be an added attraction both in itself and as an indication that the office of pulenu‘u was regarded by the Government as one of key importance in the develpoment of village government.
71. The Commission has purposely avoided consideration of the actual amount which a pulenu‘u should receive. It is realized that the salary of the pulenu‘u will have to be determined in relation to that of other Government officials, whose salaries may also require raising. But certain of the general principles which should guide those who make the final decision have been considered. The Commission discussed at length the question of whether the salary of the pulenu‘u should be graded according to the population of the village. It was concluded that there were many points in favour of introducing such a graded scale; but that, on balance, the present system of a uniform rate of salary was likely to give most satisfaction. It may be possible to compensate pulenu‘u with heavier duties by giving them some form of additional assistance in carrying out their work. The Commission did, however, consider that one form of differentiation in the salaries of pulenu‘u was desirable. The salary of a pulenu‘u in a village which has received legal recognition
72. The Commission's second recommendation in regard to the position of the pulenu‘u under the proposed new organization is that he should be provided with a clerk to assist him. The clerk's duties would normally include keeping the village records and accounts up to date, helping the pulenu‘u with his official correspondence, acting as messenger, and assisting the pulenu‘u during village and plantation inspections as required. At the present time there are young men of good education in nearly all villages who could perform these duties efficiently. Owing to the close connection which the clerk would have with the pulenu‘u, it would probably be desirable to allow the latter to nominate him; but the man so chosen should not be regarded as an accredited clerk entitled to an official salary till he had been approved by the Board. Such a safeguard would be necessary to ensure that a clerk was, in fact, a man of sufficient ability and education to be able to do the work expected of him. Once he had been approved by the Board, he should be brought to Apia at the first convenient opportunity to receive instruction in the aims of the local-government set-up, in simple book-keeping, in the recording of cases tried by village authorities, and other related matters. Such a course of instruction should probably be organized once a year for clerks appointed to office for the first time during the preceding twelve months. At a later stage it would probably be found useful to arrange refresher courses, as is done for school teachers, S.M.P.s and others.
73. If these two recommendations are acted upon—the improvement in the status and salary of the pulenu‘u and the appointment and training of well-educated clerks—the foundation will have been laid of an efficient system of village administration. The basic means will have been provided for carrying into full effect the policies of the Government and of the district and village fono and for giving the people the full benefit of all progressive measures.
74. In carrying out his duties, however, the pulenu‘u will also need, and will receive, much assistance from committees. The different types of committees existing in various villages at the present time have been referred to earlier in this report. Broadly speaking, there are three kinds of committees of administrative importance found in most villages: committees of the ali‘i and faipule (which may also include one or more taulele‘a), Women's Committees, and committees of the taulele‘a. The
75. Considering, first, committees of the ali‘i and faipule, it is becoming clear that under modern conditions a single village committee has difficulty in dealing with all the different matters of village administration, except in a very small village. More successful results seem generally to be obtained where there are separate committees to deal with plantation matters, support of the school, &c. Members then have sufficient time to give really enthusiastic service and to obtain a full knowledge of all problems involved. In many villages, too, advantage has been gained by including representatives of the taulele‘a on such committees. Their youth makes it easier for them to perform certain heavy tasks. Often they have more recent experience of conditions in other places, from having been away to work or to attend schools, and can give the matai the advantage of the information they have gained.
76. In regard to women's committees, the Commission has no recommendations to make. In their particular field, these committees represent a highly successful example of effective co-operation between the Central Government and the villages. Their proper functions, and the best methods of performing them, have been worked out in the course of experience. It is not necessary for them to receive any statutory recognition, as the ali‘i and faipule stand firmly behind them, and their decisions are nearly all of a kind which can be carried out by individual families on a social, rather than a legal, basis.
77. A more complex problem is presented by the organization of the taulele‘a. In Samoan custom, the position of the taulele‘a is not one of impotence or unimportance, as many Europeans have supposed. Nearly all the taulele‘a in any village stand in close family relationship to the matai. In addition to the personal links which this gives them with those who control village affairs, there are more formal ways in which their opinions tend to have an influence on the fono of ali‘i and faipule. First, there is the practice of their being present at the back of the fono house during discussions. Although they do not take direct part in the debates of the fono, their presence is itself not without influence; and often a matai may informally seek the opinion of the taulele‘a of his own aiga. Secondly, there is the organization of the taulele‘a into the aumaga. The leader of the aumaga, as the man responsible for organizing the work of the taulele‘a for the village, has frequently to be called into consultation by the ali‘i and faipule in regard to that work.
78. In recent times, changed conditions have in some respects affected the relationship between the taulele‘a and other sections of the village. There are now other opportunities for a taule‘ale‘a besides that of remaining in his own village. In some villages the reduction in the number of taulele‘a staying at home to work on the plantations has helped to produce a new attitude of arbitrariness on the part of the ali‘i and faipule. The old custom, by which each section of the village (including the taulele‘a) was accorded its proper dignity and its proper influence, has in these cases been weakened. But such instances must not be regarded as being representative of the general position.
79. On the other hand, the composition of the aumaga itself has undergone a change. It is coming to include more and more men who have obtained useful experience outside their own village, or who have received a good education. For the services of these men the ali‘i and faipule have an increasing need. Villages are building roads and European-style buildings, maintaining water-supplies, and introducing improved methods of cultivation. In a great number of villages it has already been found that traditional methods of organizing the work of the taulele‘a require modification. Formerly, the leader of the taulele‘a was always the son of some particular chief or orator. In some cases the leadership might be shared between a group of taulele‘a, the sons of the holders of several important titles.
80. The Commission wishes to commend these useful changes. The election of a leader on the grounds of ability, and the practice of allowing the taulele‘a to ask for reconsideration of decisions directly affecting them, are both developments which fit in well with the needs of the present time. Where they operate, they are contributing towards efficient village administration generally and towards effective co-operation between the ali‘i and faipule and the taulele‘a in particular. They are developments, however, which can best be left to come about in response to the gradual change in public opinion. They should not be imposed on villages by legislative action on the part of the Government.
81. At the district level, provision for the taking of executive action can be of a much simpler kind. The executive activities of district authorities are, in most cases, on a relatively restricted scale. In certain parts of Samoa, district fono make regulations on many subjects and deal with the more serious offences; but to a large extent they leave the carrying-out of their decisions to the individual villages. Certain important decisions of a traditional kind—such as those concerning the exclusion of a village from, or its readmission to, district affairs—have executive consequences, but they are not of a kind which requires legal notice. They belong more properly to the field of social, rather than to that of administrative, action. Executive action by districts of the kind with which we are concerned will mainly relate to matters such as the raising of money for hospitals, schools, water-supplies, local roads, or other works, and to the construction and maintenance of these works or of the services which they provide. In most cases they will be delegated by the district fono to a committee. Where district administration is well developed, as in Gaga‘emauga, the work performed by such committees may be on a considerable scale. Where it is less well developed, it is likely to grow in importance in future. Such an increase in district activities is certainly to be desired, because it will make possible a considerable improvement in services, such as education, which are of vital importance to the future welfare of Samoa. It should therefore be encouraged by every reasonable means.
82. The most important way in which the Government can give support to such examples of district co-operation, of course, is by responding sympathetically to requests for assistance for district projects. Except where a scheme put forward is impracticable on technical grounds, it is likely to be in the Government's own interests to give its support. In general, it contributes both to efficiency and economy when a number of villages work together in one organization, whether it is to support a combined school or to build and maintain a water-supply. Government support for district endeavours is therefore to be expected in most cases. There is, however, one further way in which the Government might consider providing encouragement. It is most likely that certain districts will ask for legal recognition of their district committee, as the body authorized to deal with schools, medical matters, and (in some cases) agricultural development. The Commission believes that the District and Village Government Board should deal favourably with such requests wherever possible, and recommend to the High Commissioner that the district committee be proclaimed as part of the recognized machinery of local government. Where such committees do obtain recognition, it will be worth seriously considering whether their secretaries should not be provided with an official salary in the same
83. One form of district activity requires special mention, as it has already been the subject of legislation. That is the control of water-supplies. By the Water-supply Ordinance, 1934, provision was made for the appointment of water-supply inspection committees. Such committees were to be constituted by the Administrator (now the High Commissioner), who was also to nominate the actual members. These members were to be chosen from the matai of the villages served by the particular water-supply. Their powers were to be largely limited to inspection, and, even in this matter, similar powers were vested by the Ordinance in all constables of the Police Force and in certain officers of the Departments of Public Works, Native Affairs, and Health. Regulations for the control of the water-supply and the scale of charges to be paid by users were both to be fixed by the Administrator, not by the committee. A committee constituted under the terms of this Ordinance has existed for many years past in connection with the Sagaga and Le‘auva‘a water-supply. Its history presents an unhappy example of divided control. Certain responsibilities rest with the committee, while others are vested in the Secretary of Samoan Affairs. The latter, in turn, is responsible to the Treasurer in regard to the control of funds. It is the opinion of the Secretary of Samoan Affairs, Mr.
84. It is therefore recommended that the present Ordinance be wholly repealed and replaced by new legislation. It may be that in villages for some miles on either side of Apia (including those covered by the Sagaga and Le‘auva‘a scheme) the future lies in the surrender of all local control. These villages can, perhaps, best be included in a central scheme serving also the town area, though this, of course, is a matter for engineers to decide. Elsewhere in Samoa, however, the aim should be complete local control. Water-supply committees should be formed in the same way as is suggested for other village and district committees. Legislation should define generally the powers they are to possess, and
85. One matter which concerns the executive side of all district and village government has not so far been touched on. That is the control of finance. District and village authorities are now handling much larger sums of money than was formerly the case. Present methods of raising funds for district or village purposes are, in general, fairly well suited to current needs; but further thought needs to be given to the manner in which money is cared for after it has been collected. A number of districts and villages have appointed as treasurers, to take charge of their funds, men who have experience of keeping accounts, such as traders and school-teachers. This development is to be commended. Legislation to implement the recommendations of the Commission should require that all proposals for legal recognition submitted to the Board by districts and villages should contain proper provision for the care of funds. In villages, the pulenu‘u would normally act as village treasurer, with the assistance of his clerk. In some cases the village might wish to appoint an additional treasurer to act jointly with him. The law should define clearly the responsibilities of those placed in charge of district or village funds, and specify the penalties to which they would render themselves liable by any misappropriation of funds under their control.
86. It would be wise to set a limit by law to the amount which could be kept in cash by any district or village authority. This cash could be kept most safely if the District and Village Government Board made arrangements to distribute cash-boxes with secure locks to all local authorities which applied for them. Money which was not to be kept in cash should be properly invested in ways which were recognized by law as offering adequate security. In practice, this would normally involve the opening of a Post Office Savings-bank account in the name of the local authority. There might be occasions, however, when some other form of investment would be preferable. For example, if a local authority was building up a large fund over a period of some years in order to undertake a major project, it might be possible to obtain larger interest by the purchase of New Zealand or other Government bonds. The Secretary of the District and Village Government Board should be prepared to obtain the advice of qualified Government officers in regard to such possibilities.
87. The final safeguard against the misuse of the funds of district and village authorities should be provided by a proper system of audit. It would probably not be economical for a Government auditor to visit each local authority, except at comparatively rare intervals. A simplified system of auditing would therefore probably be needed. The
g)
The Trial of Offenders
88. The trial and punishment of those guilty of offences against custom or against regulations, and the settlement of disputes, have always been among the major functions of the ali‘i and faipule. As has been shown earlier in this report, the procedure followed and the decisions taken have been gradually modified to fit in with the changing needs and beliefs of modern times. In addition, major crimes such as murder are now dealt with by the High Court; and a large, and increasing, number of disputes concerning land and titles are taken to the Land and Titles Court. None the less, the system remains to the present day as the mainstay of law and order everywhere except within the vicinity of the Town of Apia.
89. In matters relating to the maintenance of justice, tradition plays an exceptionally important part. Any institution charged with judicial functions should enjoy the respect of the people as a whole. They should accept it as the proper body to perform such work, and they should assume that it will generally discharge its duty in a proper way. Such acceptance of an institution comes most fully from long experience of it. For such reasons, the Commission is of opinion that the traditional jurisdiction of the ali‘i and faipule should be carried on by the legally recognized district and village authorities, within limits set by law.
90. The scope of the proposed jurisdiction will have become reasonably clear from other sections of this report. In brief, it will be in respect of all regulations made by the authority concerned and of any Ordinances, or other legal enactments, which have been specifically declared to be enforceable by district and village authorities in their judicial capacity. (In addition, of course, local authorities will continue to deal with many disputes over lands, titles, &c.; but in such cases they will be acting either in a purely traditional way or else as arbitrators, and their authority will not require any legal notice.) At this point we are concerned not with the scope of the legally recognized jurisdiction of district and village authorities, but with the manner in which it should be exercised.
91. The offences which should continue to be dealt with by district and village authorities can be divided into two classes. The first class consists of those offences which are regarded in Samoan custom as of special social significance. They are offences which are considered to represent a threat to the structure of authority in Samoan society. From the point of view of Western legal theory the action that is traditionally taken in respect of them can, perhaps, be considered as a claim for damages on behalf of society as a whole. Offences such as that of a man having an affair with a matai's wife or of a woman having an affair with a married matai, or that of illegal entry into a faife‘au's fale by night, belong to this class. The second class consists of all the petty offences which make up the bulk of the judicial work of district and village authorities. It includes offences such as minor stealing of food from plantations or fale, fighting, failure to plant the required number of taro roots, coconuts, &c., breaking the curfew, failure to take part in beetle-searching, and so on.
92. In Samoa at the present time the practice is becoming increasingly general of dealing with these two classes of offences in quite different ways. The first class are dealt with by the fono, as the body representative of the dignity of the community as a whole. Those found guilty of committing them are punished in the traditional way—by fines in food, which is then distributed to the various sections of the village in accordance with custom. In this way the injury which has been done to the authority of the community is repaired, and the guilty party has been made to show the necessary signs of respect. Offences of the second class are not dealt with by the fono directly, but, under its authority, are disposed of by the pulenu‘u and village committee (or committees). Punishments are very frequently in money.
93. The adoption of this practice in regard to the trial of offenders is not yet by any means universal; and, where it operates, there are many variations of detail between village and village. For example, in some villages petty offences are punished by the pulenu‘u alone, without the participation of a village committee. Again, in a good many parts of Samoa most petty offences are still punished by fines in food, even if it is the pulenu‘u and committee who conduct the trial. But the division which has been pointed out does represent a broad trend of development. The Commission believes that it is a trend which should be encouraged.
94. The Commission therefore recommends that the policy of the Government and of the District and Village Government Board (as the body to be charged with the execution of Government policy in this matter) should be that of encouraging the further development of this dualism. The practice of having offences of special importance in Samoan custom dealt with by the fono and punished in foodstuffs still serves a
95. The proposals put before the Board by any district or village should state clearly the manner in which offences are to be tried— whether by the fono or by committees—and it should, so far as possible, give a complete list of the offences to be tried by the fono and by any committee respectively. These details would be included in the subsequent formal Proclamation granting legal powers. When new regulations were made and confirmed on matters not covered in the original constitution, a statement should be included in the regulation, itself as to the manner of trial of those accused of breaking it.
96. In the general legislation to implement our recommendations, certain principles should be laid down in regard to all trials. One such principle should be the right of the accused to be heard in his own defence. This right is, of course, normally given to an accused person; but it is of such importance that it should be guaranteed by law. Another principle important to the maintenance of strict justice is the requirement of a written record of each case heard, including a statement of the decision. Where written records are kept, it is much less likely that unnecessary cases will be brought and that unduly harsh punishments will be imposed. A written record will also be of much assistance to a higher Court hearing any case on appeal. With such guarantees of satisfactory procedure, there can be no doubt, in the opinion of the Commission, that the district and village authorities will be able to continue to deal with customary and minor offences in future with the Support and respect of the people.
h)
A Note on the Problem of Maintaining Law and Order in Vaimauga and Faleata
97. In Vaimauga and Faleata, the ali‘i and faipule have to contend with a number of serious and special difficulties in their attempt to maintain law and order. In Vaimauga West and, to a lesser extent, in Faleata East the ali‘i and faipule have, in practice ceased to deal with some of the matters which are normally dealt with by district and village authorities. Matters relating to the maintenance of the pule are, of course, carefully attended to, as in former times; but control of the ordinary conduct of the people and the punishment of minor offences cannot be carried out with any degree of effectiveness. In Vaimauga East and Faleata West—further from the town area of Apia—administration is much nearer to the usual pattern; but in Faleata West, at least, the district and individual village authorities maintain law and order only with great difficulty.
98. The causes of these difficulties are well known and are fully acknowleged by the ali‘i and faipule themselves. The main ones are the mixed character of the population and the patchwork of European and Samoan lands which characterize the area. In the villages there are many Samoans from outside districts and also persons of European status. Outside the villages large numbers of Samoans live on European lands. A considerable proportion of these people refuse to accept the jurisdiction of the ali‘i and faipule, at least when it is exercised in a manner contrary to their own immediate interests. In addition, taulele‘a of the two districts participate in various escapades in the company of these Europeans and Samoans from the outer districts. There are, of course, further difficulties in the way of effective administration, but they are of less importance. For example, the fact that a large proportion of both men and women work for wages makes it hard to get village duties performed in the usual way. Thus, many villages in Vaimauga are unable to maintain women's committees, and it is only with much effort that beetle searching can be properly maintained.
99. The conclusion to be drawn from these facts is that, for reasons beyond the control of the ali‘i and faipule, the traditional methods of maintaining law and order have ceased to be fully effective. This situation is bound to be a permanent one, because it is a natural result of the existence of the Town of Apia and of the large plantations on either side of it. As a consequence, many of the recommendations which we have made in regard to the rest of Samoa are not fully applicable to Vaimauga and Faleata. Careful consideration will have to be given to the modifications of the general scheme which will be necessary in these two districts. The Commission considers that the people of the districts, European as well as Samoan, should have an opportunity of
100. The conference should discuss the problem of maintaining law and order in Vaimauga and Faleata in all its aspects. The Commission does not wish to suggest the conclusions to which the conference might come. We recognize that the problem requires much more careful study than we have been able to give to it. On the other hand, it seems desirable to set down such tentative conclusions as we have reached. We consider that in these districts certain matters which are normally regulated by district or village authorities will have to be controlled by the Government. The extent to which the Government will have to assume direct responsibility will probably vary as between different parts of the two districts. In Vaimauga West, for example, matters such as fighting and throwing stones at cars cannot be effectively controlled by the ali‘i and faipule, because many of those who are involved in such offences are not under their jurisdiction. If the general law requires supplementation by local regulations in regard to such matters, it would be worth while considering whether this could not best be done by means of Government regulations made on the advice of a representative council of Samoan and European residents. The arrest of offenders in such cases should be a responsibility of the Police Force, and trial should be before the law-courts.
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The Co-Ordination of Policy in Departmental Districts
101. Government Departments all have their headquarters in Apia; but some part of the work of nearly all of them is carried out in the outer districts. Thus, for example, the Medical Department has S.M.P.s and nurses stationed at suitable points, and it maintains comprehensive medical, dental, and public health services for the people of all districts. The Education Department controls over a hundred schools, scattered through every district of Western Samoa. Or, to take further examples, the Radio Department maintains stations at a number of widely
102. In order to organize their activities, Departments have to consider the country as a number of regions or districts. Thus, the Medical Department thinks in terms of “medical districts” and the Education Department in terms of “education districts.” These are the areas which are under the respective control of a senior Samoan medical practitioner and a Samoan School Inspector. In the case of most Departments, this division into districts is a matter which concerns the internal organization of the particular Department alone. It is not directly related to the problems of district and village government. But this is not true of all Departments. The system of government which has grown up in Samoa provides for a large amount of direct co-operation between certain Departments of the Central Government and the district and village authorities. For example, districts contribute to the cost of building hospitals and to the support of S.M.P.s and nurses. Villages provide school buildings and supply food for the teachers. In the case of the Department of Agriculture, much of its work in the districts is actually carried out by pulefa‘ato‘aga who are nominated by their districts. Some changes in the present system will no doubt be made in future; but, in essentials, it is likely to remain with us for a long time to come. Financial considerations alone would make it impossible for the Government to assume complete responsibility for services such as those provided by the Medical and Education Departments.
103. Where direct co-operation between Government Departments and the district and village authorities is required, the subject becomes one that is directly related to our inquiry. We have felt ourselves bound to ask both Government officers and the ali‘i and faipule how well they think the present arrangements for co-operation are working. Also, we have had to consider how our own recommendations generally might affect relations with Government Departments. We have found that there is one difficulty which affects relations between the districts and practically all Departments. It is that the districts which serve as the units of political activity in Samoa are, in most cases, smaller than those upon which the Departments have to base their work. This should not be regarded as a matter for surprise. The political district has come to have its present form as a result of many centuries of Samoan history. It is a unit of political organization which is deeply rooted in tradition and in the way of thinking of the people of Samoa. The medical or education district—the “departmental district,” to use a comprehensive phrase—has a quite different origin. It is not a political
104. To take an example: Fa‘asaleleaga, Palauli, and Satupa‘itea are three separate political districts. In political matters they take, and are entitled to take, separate action. But for the purposes of medical work, Fa‘asaleleaga, Palauli (except Palauli West), and Satupa‘itea (except for the villages on the far side of Palauli West) form one medical district. They do so because it would not be possible on financial grounds to provide a separate medical organization for each district and because there is no reasonable ground for doing so. A good road runs through the whole of this “medical district” from Pu‘apu‘a to Tufu Gautavai. The whole district can be supervised by one senior S.M.P., and anyone in need of medical treatment can quickly get to any point in it by motor truck or bus. In the near future, we have been told, it is the intention of the Director of Health to station a mobile clinic in the district. This will reinforce the need to treat the district as one. A mobile clinic is a costly piece of equipment, and if it is to justify itself it must be kept constantly employed. Such full use is only possible if the clinic serves the three political districts.
105. This example typifies the situation as it exists in all parts of Samoa and as it affects a number of different Departments. From the point of view of achieving satisfactory co-operation, it means that it is necessary for the people of the whole or parts of several different political districts to meet together and work out a common plan for the development of departmental services. In the past, little has been done towards organizing such meetings; and there is, indeed, a common belief that great difficulty would be encountered in any efforts that were taken in this direction. The Commission does not share this point of view. It is convinced that, with a proper explanation of the purposes to be served, there is an opportunity of achieving real success. Provided care is taken to make it clear that no interference with the pule is involved, and proper thought is given to the manner in which meetings should be organized, there should be an opportunity for success similar to that which has already been achieved in the development of their district organizations by the churches.
106. In putting forward any proposals in regard to this subject, three considerations of primary importance must be kept constantly in mind. First, the functions of any joint meeting by the representatives of several districts must be most carefully limited to consideration of
107. In the light of this explanation, the Commission presents its own recommendations on this subject. The Commission considers that the work of Government Departments in the outer districts should be organized on the basis of a system of departmental districts, which should apply to all Departments alike. There should be seven of these departmental districts, three in Savai‘i and four in Upolu.
108. In Savai‘i the area which would be comprised by each of the three districts is clearly determined by the nature of the country. One departmental district would consist of Fa‘asaleleaga, Palauli, and Satupa‘itea, as explained earlier. That is, it would include all villages from Pu‘apu‘a to Tufu Gataivai. Another would consist of the political district of Gaga‘emauga and Gagaifomauga. The third would contain Vaisigano, Falealupo, Alataua-i-Sisifo, Salega, the villages of Vaipu‘a, Fogasavai‘i, and Sagone, and Palauli West. It would thus include all villages from Asau to Taga. In the first mentioned of the departmental districts a road already links all villages and thus puts them into easy communication with one another. In the other two suggested districts, most villages will be linked by road within a year or two, if present Government roading policy is adhered to. On the other hand, each of the three areas is likely to be without a road connection with the other two for some time to come, owing to the existence of the intervening lava fields.
109. In Upolu it is not so easy to decide on the arrangement of departmental districts. Roughly speaking, it can be said that the three major political divisions of Atua, Tuamasaga, and Aana run from north to south, whereas the lines of communication run from east to west. There are, in addition, several local difficulties, such as the lack of road connection between Lefaga and the neighbouring parts of Aana and between Falealili and the remainder of Atua. But the situation differs from that in Savai‘i. In Savai‘i the lava fields impose a barrier to rapid communication so complete that it obviously cannot be ignored. No
110. In Tuamasaga the only road connection between the northern and southern halves of the district is by the Cross Island road, which passes through Aana. This necessitates a lengthy journey when travelling from one part of the district to the other. The position is not likely to be greatly changed in future. Because of this barrier to easy communication, there has always been a considerable degree of separation between the northern and southern parts of Tuamasaga in the past, and it seems best that they should be treated now as two separate departmental districts. This division also fits in well with several other requirements of efficient administration. Tuamasaga North is the most heavily populated region in Samoa, and it thus easily merits treatment as a separate departmental district. Also, it is more or less co-terminous with the area which can be most efficiently served by many Departments from their headquarters in Apia. The Medical Department, for example, treats the whole of Tuamasaga North (with the exception of about half a mile at the western end) as being within the district served by Apia Hospital. Only a very minor rearrangement would be needed in this case to conform with the suggestion put forward here.
111. It is possible in Upolu, as has been shown, to base departmental district organization fairly strictly upon the political districts, except that Tuamasaga would become two departmental districts and not one. In one or two instances, however, some degree of administrative inconvenience would be involved in doing so. The exact estimation of the importance of the various factors involved is a matter which should be carefully considered by those most directly concerned. The view of the Commission is that departmental districts should be based on the political districts as closely as possible. It therefore recommends that heads of Departments and representatives of the people of Upolu should meet and take as a starting point of discussion an arrangement of departmental districts on the following lines: (1) Atua and Va‘a-o-Fonoti; (2) Tuamasaga North and Le‘auva‘a; (3) Tuamasaga South and
112. The departmental district, we have written above, would serve as a unit of administration for all the Departments working in the different parts of Samoa. In each district, for example, the whole work of the Medical Department would be under the supervision of one senior S.M.P., and the Government schools would be under one Inspector. Similarly, for the Department of Agriculture, the two or three pulefa‘atoa‘aga in each departmental district would be under the supervision of a permanent officer of the Department. There would be a police officer in each district, and, as we shall be explaining in the next subsection of this report, we consider that the departmental district could also be a useful unit in connection with the development of the law-courts. The proposals, we would emphasize, would not involve very radical changes in many cases. They would require, rather, the tidyingup of a system which has been slowly growing up in each department separately over many years.
113. The greatest need for such a tidying-up, and for co-ordination of the practice of different Departments, lies in the fact that the responsibility for providing services is shared between the Central Government and the district and village authorities. The establishment of a uniform system of departmental districts would make such a sharing of responsibility easier. In each departmental district there should be established an advisory council composed of representatives of all the district (or village) authorities within it. Each authority should be entitled to send a number of representatives in proportion to its population. The meetings of the advisory councils should also be attended by the senior officer in the district of each Government Department— i.e., the senior S.M.P., the School Inspector, &c. From time to time they would, no doubt, also receive visits from heads of Departments.
114. The functions of these advisory councils would be, in accordance with their name, purely advisory. They would discuss the educational, medical, agricultural, and other needs of their part of the country, and submit recommendations to the Government and their own district and village authorities on the action to be taken. Members would, naturally, report such recommendations to the district or village which they represented. But, in addition, the secretary of the council should keep minutes of meetings and transmit copies of these regularly to district and village authorities, to heads of Government Departments concerned, and to the
115. The usefulness of these councils would depend, of course, upon the will of the Government and of the ali‘i and faipule to make them a success. On the part of the ali‘i and faipule, this would seem to depend largely upon their full realization that the councils did not in any way undermine the pule of the traditional authorities and that co-operation with neighbouring districts and villages offers the possibility of much improved services. On the part of the Government, there would be a considerable and continuing responsibility. First of all, the Commission would emphasize that the growth of co-operation is considerably dependent on the state of communications. For example, as soon as the road is open from Asau to Sala‘ilua, the people of all the villages in between are bound to develop a new community of interest. They will do all their shipping through Sala‘ilua or through one of the ports at the Vaisigano end of the district. It will be possible at last to abandon the dangerous landings along the coast in between. All parts of the area will be within an hour or two of all other parts by bus, truck, or ambulance. Co-operation, that is, will be possible, and it will be natural.
116. When that stage is reached, it should be the policy of the Government to give the greatest encouragement that it can to proposals for development of unified services within the departmental district. It is likely, for example, that requests will be made for the establishment of higher schools taking children to Standard 6 at central points in a district. Such proposals will be entitled to the most sympathetic consideration.
117. If development takes place along the lines that we have proposed, the organization of departmental districts will be, we are convinced, a step of great and of gradually growing importance in building up a really unified and successful form of government in Samoa.
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The Future Need for District Courts
118. For many years past, Fa‘amasino Itumalo have been appointed for every political district in Western Samoa. At the present time the contribution which the holders of this office are able to make to the judicial work of the Territory is negligible. Those chosen by their
119. It has been one of the duties of the Commission to consider the future of this office. We have had to ask ourselves several questions. How will our recommendations as a whole affect the position of Fa‘amasino Itumalo? Will district Courts still be necessary when the power of trying many offences has been conferred by law on the district and village authorities? If district Courts will still be needed, how can they be made to work satisfactorily?
120. We have reached the conclusion that there will be an important need for some type of Court between the High Court sitting under the Chief Judge or a Commissioner of the High Court and the district and village authorities sitting in their judicial capacity. We believe that such Courts ought to sit under Samoan judges. It therefore has become necessary for us either to suggest means of improving the present arrangement or to put forward an alternative to it.
121. The first matter that must be considered before deciding on the most suitable form of intermediate Courts is that of what duties they will be expected to undertake. We have not conceived it to be our duty to go into any great detail in this matter. That is something which cannot be finally decided till the exact jurisdiction of district and village authorities has been settled. We can, however, indicate in general terms what we believe their place in the judicial system of Western Samoa should be. The first requirement is for some system of appeal placed above the district and village authorities. Once legal recognition has been given to these authorities, it will become necessary to provide by law for some form of appeal so that proper action can be taken when any person refuses to accept the penalty imposed on him, or when a person who has been punished believes that he has been unjustly dealt with. A village authority or an individual must each be guaranteed the right of appeal to a higher Court, so that justice may be made secure. Then, there will be other work for such Courts to do. For example, if a matai believes that he is being wrongly excluded from participation in the fono, he must be able to have the matter investigated before a Court of law, where both sides of the case can be stated and a decision
122. It will be realized that work of this importance could not be performed by the present fourteen Fa‘amasino Itumalo, working with the present lack of assistance and training. It is therefore necessary to consider possible alternatives. The Commission believes that certain standards must be attained by any satisfactory system. First of all, the Judges must be men of standing, talent, and integrity. To ensure the appointment of the right type of Judges, the position must be seen as one of dignity, and it must be adequately paid. Secondly, it must be made certain that the Judges obtain ample experience and that they are continued in office for long enough for them to make full use of it. Thirdly, all necessary administrative assistance must be given, in order to build up well-organized Courts. This would mean, amongst other things, that the Justice Department would have to train clerks to assist each Judge, supply copies of all laws and regulations which the Judges would have power to administer, and advise generally on Court procedure.
123. With these requirements in mind, the Commission has considered two possible systems either of which could, it is believed, be made to function satisfactorily. Our first proposal is that a District Court should be established in each of the six departmental districts. Each Court should be presided over by a Judge, who should have the same standing and salary, as an Associate Judge of the High Court. We have given careful thought to the manner in which the Judges should be chosen. We consider that the present procedure of nomination by the Fono of Faipule has worked satisfactorily in the past and that it should continue to do so in the future. On the other hand, we are aware that in many other countries it has been found preferable to leave judicial appointments to the head of the State. We consider that appointment by the High Commissioner, after consultation with the Chief Judge, would be an alternative with much to recommend it. We do not wish to commit ourselves finally to one method or the other, because we believe that either would be satisfactory. Of greater importance, in our opinion, is the term for which Judges should be appointed. We believe that the success of the Courts will depend, to no small extent, upon the experience of the Judges. For this reason, we consider that the present term of office for Judges of three years is far too short. On the other hand, there are objections at the present time to making appointments for life, as is done in many other countries. We therefore recommend that appointments should be for six years. When fresh appointments are about to be made at the end of that time, the Chief Judge should be
124. By limiting the number of Courts to six, and giving each Court jurisdiction over a whole departmental district, Judges ought to be assured of a sufficient number and variety of cases to give them wide experience. Such a breadth of experience is, in our view, highly necessary to a Judge. In addition, however, we consider that every Judge should have direct experience of working with the Chief Judge in the High Court. Those members of the Commission who have had experience as Associate Judges wish to record the fact that they obtained the greatest benefit from sitting with the Chief Judge and from attending the private discussions which the present Chief Judge and his predecessors have been accustomed to have the Associate Judges. The commission, as a whole, wishes to endorse their opinion, and desires to recommend for consideration that each of the six Judges of the District Courts should take turns in acting as an Associate Judge in the High Court for a period of perhaps six months. During his absence from his district, his place could probably be taken by one of the three Associate Judges normally sitting in the High Court.
125. As has been stated earlier, we believe that each Judge should have a trained clerk to perform all necessary clerical work for him, including keeping the records of the Court. During all sittings of the Court a member of the Police Force stationed in the departmental district should be present to maintain the order and decorum needed to protect the dignity of the Court. It is neither possible nor necessary at this stage to go into detail as to the way in which District Courts should conduct their business. Our view is, however, that the Court should sit at stated intervals in each section of the departmental district. Proper notice should be given in advance of each intended sitting so that all those with matters to bring before the Judge coujd have an opportunity to prepare their cases fully.
126. As an alternative to the establishment of six District Courts, we have another proposal to put forward for consideration. It is that the present number of Associate Judges of the High Court should be increased from three to perhaps six or seven. The Associate Judges would be given jurisdiction in regard to all the matters which would, under our first proposal, come before the District Courts. Parties of two Associate Judges, accompanied by a clerk and a police officer, would go on circuit through each district once a quarter. Courts would be held in as many places as necessary, for which preliminary arrangements would be made by the police officer stationed in the district concerned. The advantages
127. In conclusion, the Commission would point out that either of its proposals regarding the position of Samoan Judges would require amend ment of the Samoa Act, 1921, by the New Zealand Parliament before effect could be given to it. In the event of the Government accepting the first proposal, it would be desirable to provide for the constitution of District Courts separate from the High Court. This would also involve the institution of a system of appeal from the District Courts to the High Court. If the second proposal were to be accepted, it would merely involve the institution of a new form of jurisdiction within the existing framework of the High Court.
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Government Action on This Report
128. It has always been understood that Government policy on the vitally important subjects of our inquiry will not be finally determined till the people of all districts in Western Samoa, as well as the Legislative Assembly and the Fono of Faipule, have been given a full opportunity to study our report and express their opinions upon the recommendations contained in it. With this intended course of action we are in full agreement. It is, indeed, desirable that the decisions of the Government should be taken with the full support of the country. For these reasons, we particularly welcomed the request made to us by Your Excellency that we should include in our recommendations something in regard to the most effective way of spreading an understanding of this report.
129. The first step, in our opinion, after the release of the report by Your Excellency, should be its printing in both Samoan and English and its wide distribution throughout Samoa. We know, from the experience of our malaga, how keenly the ali‘i and faipule in every district are looking forward to learning of the conclusions reached at the end of our work. They, as well as many others, will be anxious to study our recommendations.
130. We have had to make our final report a somewhat lengthy document, however, and we realize that there will be some who will find difficulty in studying it in full. We have therefore arranged to have a
131. Some points in the report are certain not to be completely clear to all readers. There is therefore a need to provide a means by which such points of doubt can be resolved. We consider that a request should be made to the Director of Broadcasting to allow time for the answering of questions sent in. We suggest that, after copies of the report have been distributed, an invitation should be broadcast to all who are uncertain of the full meaning of any of our recommendations to send in their queries to 2A P. Such questions should be passed on to the present Secretary of the Commission, who would make arrangements to obtain answers. At that time, as we fully realize, the Commission will have ceased to exist and our personal responsibilities will have been discharged. Our desire to see a satisfactory outcome of our work, however, will remain. Those of us who are within reach of Apia are prepared to meet together, when required, in order to work out the correct answers to questions sent in. This we are prepared to do in a purely voluntary capacity, because of the importance of the service to be rendered to Samoa.
132. We have also considered how we can best assist in building up a full understanding of our proposals by means of personal explanation to the people of our districts. Our conclusion is that it is best to make no formal arrangements in this matter. Every member will, of course, be asked to explain points that are not clear, and all will do so to the best of their ability. It seems wisest to allow discussion of the report to take place completely freely. When the assistance of members of the Commission is needed, it will, no doubt, be asked for.
133. As we wrote in our first report, the full implementation of our proposals will be a lengthy and difficult task. For this reason, we venture to express the hope that the Government will take certain preliminary steps while discussion of the report by officials and by the districts is still going on. A thorough analysis should be made as soon as possible of the evidence which we received during our malaga, in order to provide a complete and systematic statement of the present organization of district and village affairs. Had time allowed, we should have made this analysis ourselves; but it has not been possible to do so within the time limits of our inquiry. Such an analysis has not actually been necessary to us in the working-out of our recommendations. The records of evidence in their present form have served as a sufficient guide. The District and Village Government Board, however, will undoubtedly need a comprehensive statement of the present situation of the type to which we refer. It will give the Board a most necessary basis from which to consider the proposals for the recognition of their powers submitted by district
134. We also consider that study should begin at once of the legal changes which would be necessary to give effect to our recommendations. Certain amendments will, we believe, be necessary in Acts of the New Zealand Parliament, as well as in Orders in Council and in local Ordinances. It will require time to work out the exact character of the necessary amendments, as well as to draft the substantive part of the legislation to bring our recommendations into force.
135. By following the course of action which we have outlined, the Government should be able to ensure that within twelve months of the receipt of this report it is well on the way towards the attainment of the goal that has for so long been desired by the people of Samoa.
IV. Conclusions
136. In this report we have limited ourselves, as far as possible, to a discussion of the matters referred to in our terms of reference. We have not, however, been unaware that our recommendations, if they are adopted, will have effects beyond the field of district and village government; that the success of the recommendations themselves will be, in large degree, dependent upon the policy of the Government in related matters; and that the development of district and village government is, broadly considered, only one aspect of the growth of Samoa towards self-government. We cannot conclude without making some reference to these matters.
137. First and foremost, the implementation of our proposals will involve changes in the administrative structure of the Central Government. Many of the matters which are now brought to the Samoan Affairs Department will be settled by district and village authorities as soon as they gain legal recognition of their powers. Many others will be dealt with by the District and Village Government Board. The establishment of District Courts, or the extension of the jurisdiction of Associate Judges of the High Court, will so expand the work of the Justice Department that it may become most convenient for the Registrar of the Land and Titles Court and his assistants also to be placed under that Department. The existence of the Department of Samoan Affairs as a separate institution will, in other words, have become unnecessary.
138. It must not be taken as criticism of the good work which the Department and its officers have done in the past when we state that the termination of the Department's separate existence at the present stage
Samoan Government; Samoan affairs are its foremost responsibility. They must be dealt with by the High Commissioner and the central office of the Government—that is, the Secretariat.
139. We have noted with satisfaction that the first steps have already been taken to bring the Secretariat into closer touch with the people and the affairs of Samoa. The Honourable Fautua already have their offices in proximity to your own and to the Secretariat. At the beginning of next year the Resident Commissioner of Savai‘i and his staff will cease to be attached to the Department of Samoan Affairs, and become a part of the Secretariat. Our own Commission of Inquiry—one of the most important developments in Samoan affairs for many years past— has worked under the aegis of the Secretariat and not of the Department of Samoan Affairs. We have not failed to notice that officers of the Secretariat have frequently consulted our Secretary on Samoan matters and asked for his help in regard to translation and interpretation. It clearly cannot be long before Samoan members of the Public Service will be occupying senior positions on the Secretariat staff.
140. We can foresee the steady absorption of the present functions of the Samoan Affairs Department by an enlarged Secretariat with adequate senior Samoan staff. The most important single step in this development will result, of course, from the establishment of the District and Village Government Board. We assume that the Secretary of the Board will be given an office in the Secretariat and that he will use the services of the clerical and other staff of that Department. No other course, in fact, would produce that perfect linkage between the Central Government and the district and village authorities for which the establishment of the Board itself is recommended. When such a step is taken, however, a Secretariat with Samoan staff will be in a position to administer policy in a fuller understanding of the real wishes and intentions of the people that any Government Department has possessed before. The personal offices of the High Commissioner and the Hon. Fautua will be situated in close proximity to it. It will provide the office organization for the proposed Executive Council, for the Legislative Assembly and its Committees, for the Fono of Faipule, and for the District and Village Government Board. The Central Government Library and the necessary committee rooms will be situated there. The Secretariat will be in vigorous and continuing contact with all those who are entitled to speak as representatives of the people.
141. Next, we would make some reference to other aspects of Government policy which will help to decide the success with which our own recommendations can be brought into operation. In some degree, or course, almost all branches of policy may be said to influence district and village affairs. Upon educational policy will depend the level of general knowledge among the people and the supply of trained young men and women for skilled jobs; upon medical policy will depend the people's health; and upon agricultural and economic policy will depend their prosperity. But these are subjects of great scope and complexity, and it would not be helpful to express definite views upon them in the concluding pages of our report. The position is similar with certain other subjects which are more directly related to district and village administration. Land policy is of the very greatest importance in this regard. Many villages are convinced that the lands which they possess are insufficient to support their present population, let alone to support the increased population of the future. On the other hand, there are large areas of good land in parts of Samoa which are not being used. Financial policy, also, may have a profound effect on district and village matters. Not only will the extent of Government revenue determine the quality of the services which can be provided in the districts, but a decision to reduce the present dependence on import and export duties by the imposition of direct taxes on the general population would affect the whole relationship between the Central Government and local authorities. However, as we have already stated, these are subjects which raise so many issues that it is not possible to discuss them briefly. They are matters which demand a separate investigation. We wish only to record our conviction that they require thorough study by the Government at as early a time as possible.
142. There are, on the other hand, certain more limited subjects on which we can usefully express an opinion. They are, incidentally, subjects on which we have heard many expressions of opinion either during our malaga or else in Apia. The views which we ourselves put forward are thus based on considerable knowledge of the point of view of the country.
143. One notable development of recent years is the increasing thought being given by many Samoans to economic matters. It is reflected in the interest shown in improving plantations and in the introduction of better types of plants and live-stock. It is shown, too, in the more important part being taken in trade by Samoans. Most significant of all, from the point of view of the Commission, is the rapid spread of interest in co-operative societies. Not only have co-operative methods been commended by the Hon. Fautua and by members of the Legislative Assembly, but they have been the subject of inquiries at the Commission's office by visitors from distant parts of the Territory.
144. Another important field on which we have formed certain conclusions is that which is commonly called “public relations.” Throughout Samoa we have found a keen desire for knowledge on political and economic matters and for advice on the many problems which have to be faced in the course of ordinary life. We have had discussions with a great many people regarding the development of the broadcasting service in this direction. We have also met a number of people who are anxious to pursue their studies, on subjects such as agriculture or co-operative organization, by means of books.
145. With regard to broadcasting, it is clear that much important work has already been done. Where formerly the people were obliged to rely for news and information on the return of occasional visitors from Apia, they are now supplied at first hand with accurate accounts of outside events, with news of the Samoan Government, and with informative talks on many subjects. However, the full benefit is not yet being gained from the broadcasting system. There is a need for a greater variety of news and information and, in some cases, for fuller preparation of programmes than appears at present to be possible. Further, it is not easy or convenient for a whole village to listen regularly to a single village receiver. We believe that the Government should press on boldly with a plan of purchasing inexpensive receivers for sale at cost to individuals. When receivers are available at a price of £6 or £7, many will be anxious to buy them. Really satisfactory listening conditions will be established when families are able to listen to their own radio in their own house; and the benefit gained from the programmes put over will be much greater. From the point of view of district and village government, as from that of education and many other subjects, such a development will be of great importance.
146. The need for a public library system is no less real. At present the supply of books and papers in Samoan is rather limited and the number of those who are able to benefit from literature in English is relatively small. None the less, there is some material available in Samoan, and more can be translated. With regard to writing in English, the number who can benefit is constantly increasing with the development of the educational system. At the present time the main need is to make the knowledge that is contained in books available to the people of the villages. Even if only one matai, or a taule‘ale‘a, reads a book on, let us say, cocoa-growing or the war in Korea, the information that is in it will be spread much further by word of mouth. In New Zealand, books on every subject are available to the people of even the most distant village through the Country Library Service. In this way, people living in villages and on farms can be as up to date in their knowledge as those living in the cities. The same system is necessary here. Otherwise, many of the leaders in district and village affairs will not be able to serve their people to the fullest extent of their ability.
147. Broadcasting and the distribution of books are two of the means by which knowledge can be made available to the people. But there is another means more important than either. That is personal contact. We have written earlier in this report of the need for the Secretary of the District and Village Government Board to keep in touch personally with every district. That example is one of many that we have in mind. Of course, our proposal is not new. The Government has a long tradition of official malaga, and much of the mutual understanding which has been established between the Government and the ali‘i and faipule has resulted from the meetings which have taken place on those occasions. Official malaga are still necessary. Indeed, with the increased participation of the people in their own government, they are more necessary than ever. There is, however, a need for a slightly different type of contact between the Government and district and village authorities. In the past, district representatives would ask the Administrator to provide this or that—a new bridge, a concrete tank, some dynamite for blasting a reef passage—and the answer would be given, Yes or No. Now the Government is the Samoan Government. Samoan representatives in the Council of State, the Legislative Assembly, and the Fono of Faipule are in positions of authority. What is needed at the present time is thorough discussion with district representatives of important issues. Our own malaga are an example of what we mean. With the ali‘i and faipule of every district we discussed thoroughly every aspect of our inquiry. We asked for, and received, suggestions regarding future Government policy. Without such help we should never have been able to prepare this report.
148. The character of Government policy generally will thus help or hinder the development of district and village government on sound lines. Similarly, the existence of an effective and acceptable system of local government will make it much easier for the Central Government to get its policies fully carried out. The Samoan Government, considered as a whole, consists of two parts. On the one hand, there is the central authority in Apia, and on the other, the local control of district and village affairs. For true advancement these two parts must work hand in hand with each other.
149. Co-operation between central and local government demands more, however, than the making of constitutional changes along the lines of our recommendations, and more than the working out of progressive policies. It requires good will, unselfishness, and mutual confidence on the part of all those charged with any form of political or administrative responsibility in both the Central Government and the district and village authorities.
150. On the part of the local authorities there must be a refusal to take unfair advantage of the legal powers which it is proposed they should be given. The ali‘i and faipule must allow the other sections of the community all the rights which are theirs by custom. They must recognize, too, that new times are bringing about gradual changes in many customs, so that the people may enjoy fully the opportunities which are now available to them. On the other hand, the district and village authorities must be willing to recognize the needs of the Central Government and of districts and villages other than their own. The money at the disposal of the Government, for example, is limited in the long-run to what is raised from the people by way of taxation. Discussions on money matters between the Central Government and local authorities must not therefore consist merely of demands for assistance for local schemes. They must include careful consideration of the relative importance of the various schemes for which assistance is needed, so that the best use can be made of whatever money is available. Similarly in other things, co-operation demands reasonableness and a willingness to listen to all points of view.
151. On the Central Government there rests an even heavier responsibility. It must show an understanding of traditional Samoan methods and adopt a sympathetic attitude towards them, in full recognition that true political progress will only be achieved by building upon those institutions and practices which exist and which the people accept. Behind this attitude, justifying it and keeping it alive, there must always be awareness of the final objective towards which all policy is directed— the attainment of self-government, the full control of the affairs of Samoa by the people of the country.
152. In these concluding paragraphs we would return once again to a subject which we have touched upon earlier, the relation of our proposals to the progressive attainment of self-government. This is the deepest wish of the people of Samoa, that they should be able to take complete responsibility for the management of the country's affairs. Our recommendations will finally be judged by the contribution which they make towards the attainment of that objective. We are well content that it should be so, because we believe that the development of local government on a firm basis of Samoan tradition must provide the groundwork of any effective form of self-government. Not only our proposals, however, will be judged in this way. The policy of the Government in carrying them out will be considered in the light of the same desires. It must therefore always be made clear that the final objective is being kept steadily in view.
153. Finally, we wish to refer again to a matter which we discussed in our first report. We asked there that the Government should give some assurance to the people that the work of the Commission was going to be steadily followed up till the desired outcome was reached. Such reassurance was amply provided by the presentation of the first report to the Legislative Assembly, and by the Assembly's motion endorsing the recommendations contained in it. The request made to the Commission by Your Excellency that recommendations should be included in the final report as to the first steps to be taken by the Government after the Commission itself has completed its task show that the need for steady progress without undue delays is fully realized. We are convinced that if the Government continues to act in this spirit, it will do so with the full and enthusiastic support of all sections of the Samoan people.
V. Acknowledgments
154. During the course of our work we have come to be under a deep obligation to the many people who have helped us. To mention them all by name in this report is impossible, but we trust that in most cases we have already made it clear to them personally that we are indeed grateful for what they have done to make our work a pleasure as well as a success.
155. From our consultants we have obtained ready advice and help whenever it has been asked for.
156. From the Faipule, the pulenu‘u, and the ali‘i and faipule of every district we have received a most warm welcome, most generous hospitality, and full co-operation in our work. More than anything else, this has encouraged us and made us feel confident that the final results of our labour will also be received with favour by the people of Samoa.
157. From our Secretary,
158. We also wish to express our gratitude to Mrs.
159. To all the typing staff of the Secretariat and, to a less extent, to that of other Government Departments we are indebted for work done, often in difficult circumstances. In particular, we should like to thank Miss
170. Also, we should like to thank the Public Service Commissioner, Mr.
Chairman.J. W. Davidson,
Tuala Tulo.
T. To‘omata.
Tofilau Siose.
Lavea T.
Pillia‘e.
Savusa.
Anapu.
Alaalatoa Tuitama.
Toluono Lama.
Inu Tulifau.
Tulilagi Fetu.
Matai‘a Si‘u.
Fatialofa Faimalo.
K. Va‘ai.
Au‘uapa‘au.
Tofa Tomasi.
Appendix a—Terms of Reference of the Commission
1. Original Terms of Reference, 27th March, 1950
Government of Western Samoa
Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa
To James Wightman Davidson, of Apia, Member of the Legislative Assembly, Fa‘amatija Inu Tulifau, of Lufilufi, Matai‘a Si‘u, of Vailoa, >Namulau‘ulu Siaosi, of Fogapoa, Faipule, Tofa Tomasi, of Faleasi‘u, Member of the Legislative Assembly, Tofilau Siose, of Iva, and Tuala Tulo, of Leauva‘a, Member of the Legislative Assembly:
Greeting:
Whereas it is provided by the Commissions of Enquiry Ordinance, 1921, that the High Commissioner may appoint any persons to be a Commission to inquire into and report, inter alia, upon any matter or thing affecting the Territory or the inhabitants thereof, upon the working of any existing law, or regarding the necessity or expediency of any proposed legislation: And whereas it is deemed expedient and in the interests of the Territory and its inhabitants that a Commission be set up to inquire into and report upon the organization of district and village government in Western Samoa:
Now know ye that I, Guy Richardson Powles, High Commissioner of Western Samoa, reposing trust and confidence in your impartiality, knowledge, and ability, do hereby nominate, constitute, and appoint you, the said
-
James Wightman Davidson, -
Fa‘amatua Inu Tulifau, -
Matai‘a Si‘u, -
Namulau‘ulu Siaosi, -
Tofa Tomasi, -
Tofilau Siose, -
Tuala Tulo
to be a Commission to inquire into and report upon the present administration of district and village affairs, whether by Government officers or otherwise, and to recommend such changes therein as may appear desirable, and, in particular, but without limiting the generality of the foregoing authority,—
-
To inquire into the present structure and mode of operation of village and district fono and of any other traditional authorities which may be exercising legislative, executive or judicial functions in any part of Western Samoa;
-
To inquire into the present structure and mode of operation of district health committees, women's committees, water supply inspection committees and any other non-traditional bodies exercising legislative, executive or judicial functions, or acting in an advisory capacity in relation thereto, in any part of Western Samoa;
-
To inquire into the manner in which Fa‘amasino Samoa Itumalo, Pulefa‘atoaga, and Pulenu‘u are at present performing their duties and to consider the adequacy of the status and powers possessed by these officers;
-
To inquire, so far as may be possible in Western Samoa, into the structure and mode of operation of district and village councils, or other similar institutions of local government, in any part of the world where, in the opinion of the Commission, conditions resemble those in Western Samoa;
-
To recommend what types of district and village councils, or other institutions of district or village government, the Government should consider establishing in Western Samoa;
-
To recommend what powers exercised and duties performed at present by the various traditional authorities and non-traditional bodies, or by Government officers, might be transferred to any institutions of district or village government constituted in accordance with recommendations under the preceding section;
-
To indicate any other functions which might, now or in future, be performed by such institutions of district or village government;
-
To indicate any functions at present performed by the various traditional authorities and non-traditional bodies which might, now or in future, be transferred to any person or body corporate, other than any institution of district or village government;
-
To indicate, generally, any other matters which should be taken into account by the Government in determining policy in relation to district and village government:
And I do hereby appoint you, the said
-
James Wightman Davidson
to be Chairman of the said Commission:
And for the better enabling you to carry these presents into effect you are hereby authorized and empowered to make and conduct any inquiry under these presents at such time and place as you deem expedient, with power to adjourn from time to time and place to place
And for a like purpose you are hereby authorized to consult
-
Tupua Tamasese -
Malietoa Tanumafili -
Frederick James Henry Grattan -
Thomas Robson
and such other persons as may, by their knowledge of any matter relevant to your inquiry, be able to assist you:
And you are are hereby strictly charged and directed that you shall not at any time publish or otherwise disclose save to the High Commissioner, in pursuance of these presents, or by the High Commissioner's direction, the contents of any report so made or to be made by you, or any evidence or information obtained by you in the exercise of the powers hereby conferred upon you, except such evidence or information as is received in the course of a sitting open to the public:
And it is hereby declared that the whole of the powers hereby conferred shall be exercisable notwithstanding the absence at any time of any one or more of the members hereby appointed so long as the Chairman, or a member deputed by the Chairman to act in his stead, and two other members be present and concur in the exercise of such powers:
And it is hereby further declared that, in any case where it is deemed expedient so to do, the Commission may resolve itself into two or more Committees presided over by the Chairman or his nominee or nominees to sit independently of each other for the purpose of receiving evidence; and, subject thereto, any such Committee shall as soon as may be convenient present a record of the evidence so received by it to a sitting of the Commission presided over by the Chairman or a member deputed by the Chairman to act in his stead:
And, using all due diligence, you are required to present your final report to the High Commissioner in writing under your hands not later than the thirty-first day of August, one thousand nine hundred and fifty, embodying your findings and opinions on the matter aforesaid, together with such recommendations as you think fit to make in respect thereof:
And, lastly, it is hereby declared that these presents are issued under the authority of and subject to the provisions of the Commissions of Enquiry Ordinance, 1921.
In witness whereof I have caused this Commission to be issued under my hand and the Seal of Western Samoa at Apia this twenty-seventh day of March one thousand, nine hundred and fifty.
High Commissioner.G. R. Powles,
[
L.S.]
2. Supplementary Terms of Reference, 9th May, 1950
Government of Western Samoa
Appointment of a New Member of the Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa and Confirmation of Acts of Such Commission
To James Wightman Davidson of Apia, Member of the Legislative Assembly, Fa‘amatua Inu Tulifau of Lufilufi, Matai‘a Si‘u of Vailoa, Tofa Tomasi of Faleasi‘u, Member of the Legislative Assembly, Tofilau Siose of Iva, and Tuala Tulo of Leauva‘a, Member of the Legislative Assembly and to Tulilagi Fetu of Fatausi:
Greeting:
Whereas pursuant to the Commissions of Enquiry Ordinance, 1921, you James Wightman Davidson, Fa‘amatua Inu Tulifau, Matai‘a Si‘u, Tofa Tomasi, Tofilau Siose, and Tuala Tulo together with one Namulau‘ulu Siaosi were duly constituted by me a Commission on the twenty-seventh day of March one thousand nine hundred and fifty to inquire into and report upon the present administration of district and village affairs and upon divers matters incidental thereto and to present your report within the time therein set forth:
And whereas the said Namulau‘ulu Siaosi died on or about the twentieth day of April nineteen hundred and fifty and it is expedient that Tulilagi Fetu of Fatausi be appointed in the place and stead of the said Namulau‘ulu Siaosi:
Now know ye that I, Guy Richardson Powles,, High Commissioner of Western Samoa reposing trust and confidence in your impartiality, knowledge, and ability do hereby nominate constitute and appoint you the said
-
Tulilagi Fetu
to be a member of such Commission as aforesaid in the place and stead of Namulau‘ulu Siaosi now deceased with effect from the first day of May nineteen hundred and fifty:
And in all other respects I do hereby ratify and confirm the said Commission heretofore constituted by me and the exercise by the surviving members thereof since the twentieth day of April nineteen hundred and fifty of the powers therein and thereby conferred.
In Witness whereof I have caused these presents to be issued under my hand and the seal of Western Samoa at Apia this ninth day of May nineteen hundred and fifty.
[
L.S.]
Supplementary Terms of Reference, 21st July, 1950
Government of Western Samoa
Appointment of Associate Members of the Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa and Extension of the Period within which Such Commission Shall Report
To James Wightman Davidson of Apia, Member of the Legislative Assembly, Fa‘amatua Inu Tulifau of Lufilufi, Matai‘a Si‘u of Vailoa, Tofa Tomasi of Faleasi‘u, Member of the Legislative Assembly, Tofilau Siose, of Iva. Tuala Tulo of Leauva‘a, Member of the Legislative Assembly, and Tulilagi Fetu of Fatausi (hereinafter referred to as “the Members”):
And to Alaalatoa Tuitama of Fogapoa, ‘ Anapu of Sa‘anapu, Faipule, ‘ Au‘uapa‘au Simaile of Salua, Fatialofa Faimalo of Lepa, Lavea Te‘o of Safotu, Pilia‘e of Leulumoega, Savusa of Faleapuna, Seuamuli Etimani of Fagamalo, Toluono Lama of Vailoa, To‘omata Tua of Samata, Faipule, and Va‘ai Kolone of Vaisala (hereinafter referred to as “the Associate Members”):
Greeting:
Whereas by warrant bearing date the twenty-seventh day of March 1950 a Commission to inquire into and report upon the present Administration of district and village affairs and upon divers matters incidental thereto was duly constituted by me under the authority of the Commissions of Enquiry Ordinance, 1921:
And whereas consequent upon the death of
And whereas by the said warrant bearing date the twenty-seventh day of March 1950 as amended by the warrant bearing date the ninth day of May 1950 you the Members are required to report not later than the thirty-first day of August one thousand nine hundred and fifty your findings and opinions on the matters referred to you:
And whereas it is expedient that the time for reporting be extended as hereinafter provided:
And whereas it has been made to appear to me that it is expedient that Associate Members be appointed:
Now know ye that I, Guy Richardson Powles, High Commissioner of Western Samoa, reposing trust and confidence in your impartiality, knowledge, and ability do hereby nominate, constitute, and appoint you the said
-
Alaalatoa Tuitama -
‘
Anapu -
‘
Au‘uapa‘au Simaile -
Fatialofa Faimalo -
Lavea Te‘o -
Pilia‘e -
Savusa -
Seuamuli Etimani -
Toluono Lama -
To‘omata Tua -
Va‘ai Kolone
to be Associate Members and as such to have, hold, exercise, and enjoy all the rights powers and liabilities of the Members under the said warrant bearing date the twenty-seventh day of March 1950 amended as aforesaid as to membership insofar as the same relate to the preparation, compilation and presentation to me of any report, whether interim or final, of the Commission and, save with the authority or consent of the Chairman thereof, not otherwise howsoever:
And further know ye that I do hereby extend until the thirtieth day of September 1950 the time within which you are so required to report:
And I do hereby confirm the said Commission and the two respective warrants hereinbefore referred to except as altered by these presents.
In witness whereof I have caused these presents to be issued under my hand and the seal of Western Samoa at Apia this twenty-first day of July nineteen hundred and fifty.
[
L.S.]
Further supplementary terms of reference were issued on 30th September. These extended the period within which the Commission was required to report till 30th November, 1950, and confirmed the existing powers and duties of the Commission. They did not make any alteration in the powers or the membership of the Commission. For that reason, they are not printed here.
Appendix B—Form of Questionnaire Used in Meetings with the Ali‘i and Faipule
The Questionnaire was twice revised during our earlier malaga. As we found the need to reframe questions, or to add new ones, during our visits, we did so orally, and then met later to discuss the necessary changes in the written questionnaire. The Questionnaire printed here is the third and final form used.
Questionnaire
-
Name of village:
-
Population (1945 census)—
-
Total:
-
Number of matai:
-
Number of taulele‘a:
-
-
Title and village of Faipule:
-
Pulenu‘u:
-
Number of cases heard by Land and Titles Court (1945–50):
-
-
Number of churches:
-
Number of adherents of each:
-
-
Senior schools—
-
Government:
-
Mission:
-
-
District hospital:
-
Number of trading stations:
-
-
What is the present number of Matai?
-
What is the present number of taulele‘a?
-
-
-
How many titles are there which are not held at present?
-
Are any titles mentioned in the fa‘alupega not held at present?
-
Are any families at present without a matai?
-
-
-
Are there any matal of the village residing elsewhere? (
e) Where are they residing? -
For what reason are they residing away from the village?
-
-
-
How many taulele‘a of the village are residing away from the village?
-
For what reason are they residing away from the village?
-
-
-
How many men belonging to other villages are residing in the village?
-
For what purposes are they residing in the village?
-
-
-
Are any of the matai faifeau, traders, members of the Public Service, &c.?
-
Do they take part in village affairs?
-
-
-
When do the ali‘i and faipule hold their regular meetings?
-
Do they often hold additional meetings for special purposes, and, if so, for what purposes?
-
-
-
Is the village divided into sections, or sub-villages?
-
If so, do the sections possess separate fono and what functions do they perform?
-
-
If there are separate fono for the village sections, what functions are performed by the fono of the whole village?
-
-
What functions are performed by the fono of the district?
-
Does the district fono meet at regular intervals or only when special circumstances arise?
-
-
By what means does the village provide for—
-
Care and development of land and plantations and control of insect pests and diseases?
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Cleanliness of the village, hygiene and sanitation?
-
Control of animals?
-
Provision, maintenance, and use of cemeteries, boats, roads, tracks, fences, and water-supplies?
-
-
-
Is there a village committee?
-
What are its functions:
-
What is its membership?
-
-
-
How does the village provide for the control of the taulele‘a and of persons not normally resident in the village?
-
Who leads the taulele‘a in work that they undertake for the whole village?
-
Is the leader of the taulele‘a in such work called before the fono to discuss it?
-
-
Has the village any regulation regarding—
-
The use of insulting, provocative, or offensive language?
-
The imposition of a curfew?
-
-
What method is used to raise money for district or village purposes?
-
On what new subjects has the fono made regulations during the past five years?
-
-
What is the general procedure in regard to the making and promulgating of regulations?
-
Are they generally discussed at more than one meeting before being approved?
-
-
-
What action is taken by the district when a village refuses to comply with district decisions?
-
Has there been any instance in this district of a village being so penalized in recent years?
-
Is payment required before the village is readmitted to district affairs?
-
-
-
What steps are taken by a village when it decides to seek exclusion from district affairs?
-
Is a payment made before the village re-enters district affairs?
-
-
-
Does the village have close connections with the ali‘i and faipule of any neighbouring villages, and, if so, what villages?
-
Does it co-operate with other villages in the control of any joint services, such as a water-supply or a district school?
-
How does it co-operate, do all the ali‘i and faipule of the villages concerned hold a joint meeting?
-
How does it co-operate with them in regard to the election of a faipule, or recommendations for fa‘amasino and pulefa‘atoaga?
-
How does it co-operate with them in the organization of a reception for a High Commissioner's malaga party, or other groups of distinguished visitors?
-
-
-
Is there a women's committee in the village?
-
What is its relation to the fono, when village matters concerning the women's committee come up for discussion?
-
-
Does the women's committee possess its own fale?
-
What work does the women's committee do concerning the following—
-
Caring for the sick?
-
Hygiene and sanitation?
-
Inspection of houses?
-
Public functions, such as church affairs and reception of visitors?
-
-
-
Is there a district health committee in this district?
-
What connection does the village have with it?
-
What work does the committee perform?
-
-
Does any one attend the fono, apart from the ali‘i and faipule, either regularly or occasionally—
-
The faifeau?
-
An S.M.P.?
-
A local trader?
-
A teacher?
-
-
-
For what types of offences have the ali‘i and faipule imposed punishments during the past two years?
-
Is there a written record kept of all judgments and of all penalties imposed?
-
-
What procedure is adopted in considering offences, if the suspected offender is a matai of the village—
-
Is he present during discussion of his alleged offence?
-
Is he allowed to state his own version of the facts?
-
How is the case against him presented?
-
How is the amount of the penalty decided?
-
-
What procedure is adopted in considering offences, if the suspected offender is a taule‘ale‘a of the village?
-
What procedure is adopted in considering offences, if the suspected offender is a woman?
-
-
Do the people generally accept the penalties imposed by the ali‘i and faipule and pay the fines?
-
If they do not pay them, what action is taken?
-
-
-
For what types of offence, and in what circumstances, is a family punished, rather than an individual?
-
What forms of punishment have been imposed on a family during the past two years?
-
-
What types of offences does the village consider should be punished—
-
By banishment from the village?
-
By exclusion from village activities?
-
-
-
How are the proceeds of fines distributed?
-
Who is responsible for distributing such proceeds of fines?
-
-
-
What duties are performed by the pulenu‘u, apart from acting as a means of communication between the Government and the ali‘i and faipule?
-
In what ways do the ali‘i and faipule consider the duties of the pulenu‘u might be extended?
-
-
-
How frequently does the pulefa‘atoaga visit the village?
-
What form of inspection of plantations does he carry out?
-
-
-
What cases have been tried by the Fa‘amasino Itumalo during the past five years affecting the village or any of its people?
-
Are there any other circumstances in which the village has asked for the help of the Fa‘amasino Itumalo?
-
-
Has the village sufficient land for its present needs?
-
-
Has the village any lands known as communal lands?
-
How are they cultivated?
-
-
-
Has the village found the radio an effective means of receiving Government information?
-
Is the village radio receiver always turned on at the time notices are given out?
-
Has the village ever missed any important radio announcement intended for it?
-
Appendix C—List of Consultants to the Commission
Appointed by His Excellency the High Commissioner
-
Hon.
Tupua Tamasese -
Hon.
Malietoa Tanumafili -
Mr.
Frederick James Henry Grattan -
Mr.
Thomas Robson
Appointed by the Commission
-
Dr.
John Colin Lopdell -
Mr.
Kenneth Russell Lambie -
Auva‘a -
Mata ‘Ae
Appendix D—List of Meetings Held for the Receipt of Evidence
1. Meetings with the Ali‘i and Faipule
2. Meetings of Commission with Government Officers
Appendix E—Speech by the Chairman of the Commission in the Legislative Assembly on 26th October, 1950
The following speech was delivered by the Chairman of the Commission in his capacity of Trusteeship Officer to the Government of Western Samoa and an ex offico member of the Legislative Assembly. It was made as mover of the motion referred to on page 6 of this report. It is included here as an Appendix because it summarizes the general political background to the Report:—
The Hon. Trusteeship Officer: Sir, I beg to move the motion standing in my name on the Order Paper to which you have already referred. The motion reads: “That this Assembly expresses its thanks to His Excellency the High Commissioner for releasing the ‘First Report of the Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa’ and welcomes the opportunity to discuss the recommendations contained in it.”
Before beginning to discuss the subject matter of the motion, I should like to say that the words of the motion are not merely formal ones intended to provide an opportunity for discussion, but that they mean, to my seconder and myself, precisely what they say. I would like particularly to emphasize the latter part of the motion, “That this Assembly … welcomes the opportunity to discuss the recommendations contained in” (the report). When the Commission decided to submit this first report to Your Excellency, it recognized that it would not be reasonable to expect a definitive statement of Government policy upon this subject at short notice. In fact, in the covering letter which I wrote when submitting the report to you, I pointed out that the Commission considered that, as you have stated that it is your intention to provide for the maximum amount of discussion of any proposals put forward by the Commission before Government policy is decided, at this stage it would, indeed, be undesirable for a definite statement of Government policy to be made.
From what I have said, members will fully realize that I speak to-day as a member of this Assembly who happens to be Chairman of this Commission and that what I say represents in a general way the views of the Commission but does not necessarily represent the views of the Government. With those words of introduction, I should now like to say something in explanation of the report which is before the Assembly.
None of us doubt that it is the fundamental political desire of all peoples to control their own affairs. In a country such as Western Samoa, the main objective of political activity must necessarily be the attainment of self-government. It would be an insult to the elected members of this Assembly for me to offer any explanation of that statement. The reasons for it are known to them all from their whole experience of life. In former times the people of Samoa did completely control the affairs of their own country. But times changed and, for a variety of reasons, the traditional Samoan political institutions were unable to cope with the new stresses and strains that the times placed upon them. Eventually Samoa lost its independence and became a German colony. In recent times we have seen the beginning of a process by which the people of this country are beginning again to take a larger part in the control of their own Government. (And I would like to remark, in passing, that when I refer to the people of Samoa I refer to all those who regard Samoa as their permanent home, whatever their status may be.)
We have now witnessed, as I have said, the beginning of the process of formation of a new Samoan self-government, and it becomes our task to consider what steps are necessary to bring that process, in due course, to completion. I would suggest that there are three things which we will have to achieve. First of all, we must continue to develop a strong and stable Central Government, firmly based on the traditions of Samoa but changed and expanded so as to deal with the new ideas and the new needs of the people. Secondly, we must develop a system for the control of district and village affairs, based upon the traditional authority of the ali‘i and faipule but modified so as to satisfy increasing needs. And, thirdly, we must create proper links between these two—between the Central Government and the traditional authority of the ali‘i and faipule in districts and villages.
Let us now consider how far we have already gone towards attaining these three objectives. As regards the first objective, the existence of the Council of State and of this Assembly are in themselves proof that we have made a good start, and I think none of us are in doubt that we in some measure understand the way by which we should advance further towards our objective. As regards the second objective—the development of the authority of the ali‘i and faipule so that it can deal with the increasing demands made upon it—this Commission has found that many districts and villages have themselves made great progress along this line of development. But it cannot be said the Government itself has as yet done anything substantial. As regards the third objective—that of maintaining a link between the two fields of authority—we are still relying upon machinery which has not changed basically since the headquarters of the old Samoan Government was replaced by “the Mulinu‘u office” in the early days of Governor Solf's rule. And when I make that statement I am not in any way reflecting upon the work which has been done by a succession of officials, both European and Samoan; I am
I know that none of us doubt the importance of making progress in this sphere of governmental activity, and none of us doubt that such progress must be made as an essential part of the process of evolution towards self-government. In particular, the problem of finding a way of giving legal recognition to the authority of the ali‘i and faipule is one which has aroused deep interest over many years past. The matter has been discussed many times by the Fono of Faipule, and a considerable amount of discussion took place at various times in the past among Government officers. The debate in this Assembly last year, prior to the setting-up of the Commission, is sufficient indication of the continued importance which is attached by the people of Samoa to this subject.
With each year that passes it becomes more necessary that the Government should take some action. The composition of Samoan village communities is gradually changing, so that the problems of the ali‘i and faipule are continually growing more complicated. In practically every village there are now people who have been away from their homes for some considerable period of their lives, either working or at school. Also there are others living in the villages whose present way of life does not fit completely within the traditional manner of living of the Samoan people—traders, school-teachers, S.M.P.'s, and others. The experience which these people have gained, and the work which they arc doing, are essential to the progress of the country. Indeed, one can say that without their presence there would be no chance of making life fuller and more satisfying in the various ways in which we now expect it to be. But the presence of these educated people does mean that the authority of the ali‘i and faipule is exposed to a strain that it was not exposed to before. Where it is badly exercised it will be exposed to criticism to a greater degree than was the case in the past. For these reasons it becomes increasingly necessary that the Government should give all the assistance it can to the ali‘i and faipule in maintaining law and order in their communities and in assisting them to develop the system of control so that it can take full advantage of the new opportunities which are now available to the people.
During our malaga, members of the Commission attained a great wealth of evidence upon the way in which these problems are affecting every village in Western Samoa. Everywhere that we went we found sympathy for the work that we were doing and high expectations that our report would lead to a development in Government policy of the most fundamental importance to the political future of the country as a whole and to the progress and orderliness of every village in the country.
As I have mentioned, we found interesting developments taking place in many parts of Samoa. We found district fonos, like those of Falealili and Safata, working together to develop their districts as a whole—initiating various improvements in the methods of dealing with district problems and seeking to build up new services to the people. We discussed the work of many interesting Committees, such as the District Committee of Falealupo, which not only makes the regulations for Falealupo but
In village after village we found the people increasing the scale of their plantations and developing the village in the ways to which I have referred because of the good relations which were being maintained between the ali‘i and faipule and the other sections of the community. On the other hand, we came upon a few places where the ali‘i and faipule seem far less capable of dealing with the problems which confront them. They are villages where school buildings and water-supplies, where they exist, are in bad repair, and where, amongst other things, we found evidence that harsh penalties are often being imposed for the most trivial offences. Among the most serious results of such mismanagement by the ali‘i and faipule is the frequent absence of a large section of the taulele‘a. In a number of badly managed villages we found that there were too few taulele‘a left to take proper care of plantations. In the face of the evidence, we could come to no other conclusion but that it was a matter of urgent importance that the Government should take all steps in its power to assist the majority of districts and villages in Samoa to develop further along the lines of which they are already advancing so hopefully. And, similarly, we could only come to the conclusion that the Government must encourage the ali‘i and faipule of villages which are dealing with matters less successfully to realise that the solution of their problems does not lie in harshness and inconsistency, but along the opposite line of working towards a policy that will satisfy the needs and desires of the younger people under their control. Those are some of the facts and ideas which lie behind our present report.
The first conclusion which we reached in regard to our report was that Government recognition of the authority of the ali‘i and faipule must be in accordance with the existing practice of each district and village. The Government must give recognition to such fonos and committees as actually exist in each district and village and satisfy the present desires and needs of the people of that district or village. As I shall explain in a moment, our opinion on that matter was one of the main reasons why we decided to recommend the establishment of a District and Village Government Board. We propose that that Board should be composed of the High Commissioner, the Hon. Fautua, and six members nominated
“A District and Village Government Board is needed as a bridge between the central Government and the various district and village authorities. It is needed to interpret the requirements of modern administration and of the law to the ali‘i and faipule and to explain the requirements of the ali‘i and faipule to the Government. Further, it is needed as a means of working out the respective fields of activity of the Government and of the ali‘i and faipule and the forms of co-operation between them.”
One of the most important functions of that Board, in its first years of operation, if it were to be set up, would be that of working out with the representatives of the districts and villages the form which the recognition of the authority of the ali‘i and faipule should take in regard to that district or village. To explain the matter a little further, the district would put forward a proposal explaining what authority it desired to receive government recognition. That proposal would be fully discussed with the Board, and after details had been agreed on and the Board had satisfied itself that the scheme was in accordance with the law and with Government policy, it would then make a recommendation to the High Commissioner that that local authority be legally recognized and be granted the powers that it desired.
In putting forward its proposals, the district would explain what fonos and committees it wished to be recognized by the law. It would say what powers of making regulations those bodies should have, who should carry out their decisions (that is, the pulenu‘u and any Committee which might exist for such a purpose), who should try those who broke the law or local regulations. When the High Commissioner had issued a proclamation declaring that a particular district or village authority was recognized by the law, its actions would possess the same authority in regard to the matters it had been authorized to deal with as do the actions of the Government itself. That, of course, is the most fundamental matter upon which the Commission will be making recommendations. I may perhaps say in passing that the Commission is at present engaged in working out the necessary details on this question. Our recommendations should ensure that the authority of the ali‘i and faipule will be placed upon firm foundations for the future, and that the present conflicts which sometimes occur between the methods and authority of the Government and the methods and authority of the ali‘i and faipule will become a thing of the past. There are other matters as well upon which the Commission will be making recommendations, such as the best means of co-operation between Government Departments, such as the Medical Department, the Education Department, and the Department of Agriculture, on the one hand, and the ali‘i and faipule, on the other hand. But I do not wish to comment upon them at the present time, as I have already spoken for long enough.
Before concluding, I merely want to make one or two points of explanation in regard to the reasons why we propose the setting-up of a District and Village Government Board.
First of all, a Board is needed to carry on the work which the Commission has begun, by discussing with the districts and villages the precise form in which in each case they wish their authority to receive recognition. Secondly, it will be needed to discuss with districts and villages any changes in their powers or method of organization which
But why, it may be asked, should these functions be entrusted to a Board? First of all, it is desirable to obtain the advice and assistance in these matters of a group of people, and a group of people who meet as equals and can discuss matters on equal terms. That would be better than to have, say, a head of a Government Department and a number of subordinate officers who would feel themselves obliged to back him up. Secondly, it is desirable that this work of providing a link between the Central Government and the ali‘i and faipule should be performed by people who have intimate contact with the ali‘i and faipule and who, at the same time, are conscious that they are working towards the object of Samoan self-government.
If it is asked why this work could not be done by an Executive Council, if it should be set up, or by some other type of Board, my answer is a simple one. It is this: That the amount of work in carrying out discussions with the representatives of districts and villages will be very considerable. Members of this Assembly will have noticed in the report that although we have said that the High Commissioner and the Hon. Fautua should be members of the Board, it is only proposed that they should be present at meetings where important decisions are to be taken. It would be the job of the other members to do the large amount of routine work involved, such as that of carrying out discussions with districts and villages.
And now, finally, I must explain why we decided that we would present this first report at this stage in order to start discussion as early as possible. There has been much delay in the past in dealing with this matter, and we felt it necessary to do what we could to ensure that such unnecessary delay does not occur again. In addition, we wanted to make sure that the ali‘i and faipule, who have shown such sympathy towards the work of the Commission, should not be disappointed in the high expectations which they now have of the results of our work. Much work will have to be done before our proposals finally reach the stage where they can be put into operation. First of all, there will be the process of public discussion which we are beginning here in the Assembly to-day. Then, after that, it will be necessary for legislation to be drafted and discussed in this Assembly. But if the Governement accepts our recommendation to set up a District and Village Government Board and acts upon it, then the necessary steps will have to be taken to ensure that the process of orderly advancement towards the final conclusion to which we look forward has been got under weigh. Once a Board has been set up, the responsibility will have been placed firmly upon a Samoan authority to ensure that the authority of the ali‘i and faipule is placed upon a firmer footing for the future. The Samoan Government itself will then be based more firmly upon the foundation of Samoan tradition. Only upon that basis, I believe, can this country develop satisfactorily towards that full self-government which all its inhabitants desire.
Appendix F—Glossary of Samoan Terms Used in the Report