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Government of Western Samoa Report of the Commission to Inquire into and Report upon the Organization of District and Village Government in Western Samoa

(h) A Note on the Problem of Maintaining Law and Order in Vaimauga and Faleata

page 36

(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 page 37 taking a full part in deciding what the modifications should be. For this purpose, we suggest that a special conference should be called by the High Commissioner. It should be attended by certain Government officers (including the Secretary to the Government, the Secretary of Samoan Affairs, and the Inspector of Police), and by representatives of the ali‘i and faipule of Vaimauga and Faleata, of Samoans of other districts living in Vaimauga and Faleata, of the Eurpoean community, and of the missions. The representatives of the missions would have an important contribution to make to such a conference on two grounds. They would attend both as the guardians of the spiritual welfare of the members of their own churches and as the controllers of much land round Apia which is leased to Samoan occupiers.

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.