Up to 7 years imprisonment (not enforced, legalisation proposed)
Gender identity
Not known
Military
Has no military
Discrimination protections
Some protections concerning sexual orientation in employment only
Family rights
Recognition of relationships
No
Adoption
No
Lesbian, gay, bisexual, and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT residents. Sexual contact between men is illegal; punishable by up to seven years imprisonment, but the law is not enforced.
Samoan society tends to be very tolerant of being transgender, but not of homosexuality. It has a large transgender or "third gender" community called fa'afafine.[1]Fa'afafine are a recognised part of traditional Samoan customs, allowing for transgender people, in particular trans women, to be accepted as they have always been a part of Samoan culture. Groups advocating for better representation of fa'afafine and the decriminalisation of homosexuality include the Samoa Fa'afafine Association which sees anti-gay laws as hindering the full incorporation of both fa'afafine and gay and lesbian Samoans into society.[2]
Additionally, in 2011, Samoa signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[3][4] By signing the joint statement, Samoa has made a commitment to the international community that it recognises the particular challenges faced by LGBTI people when examined through a human rights lens and it will endeavour to end violence, criminal sanctions and related human right violations based on sexual orientation and gender identity.[5]
^Samoa Gay Guide Archived 2011-06-29 at the Wayback Machine
^Tan, Yvette (1 September 2016). "Miss Fa'afafine: Behind Samoa's 'third gender' beauty pageant". BBC News.
^"Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov.
^United Nations High Commissioner for Human Rights, Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, 19th sess, UN Doc A/HRC/19/41 (17 November 2011).
^United Nations Human Rights Council, (22 March 2011), Joint Statement on Ending Acts of Violence Related Human Rights Violations Based on Sexual Orientation and Gender Identity
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