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Challenges issued ahead of Samoa general election

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  The country's electoral commissioner says when the window for objections closed, there was one voter objection and 11 candidate ones.

Challenges Mount as Samoa Gears Up for Pivotal General Election


Apia, Samoa – As Samoa approaches its general election scheduled for April 9, 2021, a wave of legal and political challenges has emerged, casting a shadow over the electoral process and highlighting deep-seated tensions within the nation's political landscape. The Pacific island nation, known for its vibrant cultural heritage and close-knit communities, is no stranger to electoral drama, but this year's contest appears particularly fraught with disputes that could reshape the balance of power. At the heart of these challenges are allegations of electoral irregularities, disputes over candidate eligibility, and broader concerns about the integrity of the voting system, all unfolding against the backdrop of a long-dominant ruling party facing a resurgent opposition.

The Human Rights Protection Party (HRPP), which has governed Samoa for nearly four decades under the leadership of Prime Minister Tuilaepa Sailele Malielegaoi, is facing what many observers describe as its most significant test in years. The opposition, led by the Fa'atuatua i le Atua Samoa ua Tasi (FAST) party, has been vocal in its criticisms, accusing the government of manipulating electoral rules to maintain its grip on power. These accusations have not been mere rhetoric; they have materialized in a series of formal challenges lodged with Samoa's Electoral Commission and courts, setting the stage for a potentially protracted legal battle even before ballots are cast.

One of the most prominent challenges revolves around voter registration and constituency boundaries. Critics argue that recent changes to electoral laws, including amendments to the Electoral Act, have disproportionately favored the HRPP by altering how constituencies are defined and how voters are registered. For instance, there have been reports of voters being reassigned to different constituencies without adequate notification, leading to confusion and claims of disenfranchisement. Opposition figures have pointed to specific cases where entire villages appear to have been shifted in ways that dilute opposition strongholds. In a statement to local media, FAST party leader La'auli Leuatea Polataivao Fosi Schmidt emphasized the need for transparency, saying, "The people of Samoa deserve an election that is free from manipulation. These boundary changes are not about fairness; they are about preserving the status quo."

Adding to the complexity are challenges to individual candidates' eligibility. Several HRPP candidates have faced petitions questioning their qualifications, often based on residency requirements or past legal issues. Under Samoan law, candidates must demonstrate a strong connection to their constituency, typically through residency or traditional ties. In one high-profile case, a challenge was issued against a sitting MP accused of not meeting the three-year residency rule in his electorate. The Electoral Commission has been tasked with reviewing these petitions, but delays in processing have raised concerns about whether all disputes will be resolved before election day. Legal experts in Apia suggest that unresolved challenges could lead to post-election court battles, potentially delaying the formation of a new government and eroding public trust in the democratic process.

The role of traditional leadership in Samoa's politics cannot be understated in this context. The matai system, where village chiefs hold significant influence, intersects with modern electoral politics in ways that amplify these challenges. Some challenges have invoked customary law, arguing that certain candidates lack the necessary chiefly titles or community endorsement to run. This blend of tradition and contemporary governance adds layers of nuance, as decisions by the Land and Titles Court could influence electoral outcomes. For example, a recent ruling by the court on a title dispute indirectly affected a candidate's standing, prompting calls for clearer separation between traditional and electoral authorities.

Beyond the legal skirmishes, the election is unfolding amid broader societal issues that are fueling discontent. Samoa's economy, heavily reliant on tourism and remittances, has been battered by the COVID-19 pandemic. The government's handling of the crisis, including strict lockdowns and border closures, has drawn mixed reviews. While praised for keeping the virus at bay—Samoa remains one of the few countries with no community transmission—the measures have led to economic hardship, with unemployment rising and small businesses struggling. Opposition parties have capitalized on this, promising economic reforms and greater support for local industries. FAST, in particular, has campaigned on a platform of anti-corruption, improved healthcare, and youth empowerment, resonating with younger voters who feel marginalized by the long-standing HRPP regime.

Environmental concerns are also playing a pivotal role. Samoa, like many Pacific nations, is on the frontlines of climate change, facing rising sea levels and more frequent natural disasters. The government's policies on land use and coastal development have come under fire, with challenges highlighting alleged conflicts of interest in infrastructure projects. One notable dispute involves a proposed road development in a sensitive ecological area, where environmental groups have allied with opposition candidates to challenge permits granted to HRPP-linked contractors. This has broadened the election's scope, turning it into a referendum on sustainable development and governance accountability.

International observers are watching closely, given Samoa's strategic position in the Pacific and its ties to regional powers like New Zealand, Australia, and China. New Zealand, as a key partner and home to a large Samoan diaspora, has expressed support for a fair and transparent election. RNZ Pacific reports indicate that diplomatic channels are being used to encourage adherence to democratic norms, with potential implications for aid and trade relations. The involvement of the diaspora is another critical element; many Samoans living abroad are eligible to vote, and challenges have been raised about the logistics of overseas voting, including ballot security and registration deadlines.

As the election draws nearer, the atmosphere in Apia and rural villages alike is charged with anticipation and anxiety. Public rallies have seen heated exchanges, with supporters of both sides clashing over allegations of vote-buying and intimidation. Prime Minister Tuilaepa has dismissed many challenges as baseless attempts to undermine his party's legacy, asserting that the HRPP's track record of stability and development speaks for itself. In a recent address, he stated, "We have built this nation through hard work and unity. These distractions will not deter us from continuing our progress."

Yet, the sheer volume of challenges—over a dozen formal petitions reported so far—suggests a shifting political tide. Analysts predict that if the opposition can consolidate its gains, it might force a coalition government or even a change in leadership, marking a historic shift. The Electoral Commission's response will be crucial; it has pledged to expedite reviews, but with limited resources, bottlenecks are inevitable.

In the broader Pacific context, Samoa's election serves as a bellwether for democratic resilience in small island states. Similar issues of electoral integrity have plagued neighbors like Fiji and Tonga, where power imbalances and traditional influences often complicate modern governance. For Samoa, the outcome could either reinforce the status quo or usher in a new era of pluralism.

As voters prepare to head to the polls, the challenges underscore a fundamental question: Can Samoa's democracy evolve to meet the aspirations of its people while honoring its cultural roots? The answers will emerge not just from the ballot box, but from the courts and communities that define this resilient nation. With the world watching, the stakes could not be higher for Samoa's future.

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[ https://www.rnz.co.nz/international/pacific-news/568459/challenges-issued-ahead-of-samoa-general-election ]