SUB-REGIONAL OVERVIEW: THE PACIFIC
SUB-REGIONAL OVERVIEW: THE PACIFIC
Samoa
Laws
Citizenship Law
Jus sanguinis and jus soli provisions
The citizenship laws of Samoa operate through both jus
sanguinis and jus soli structures with an additional condition of
permanent residency.1723 The Citizenship Act (2004) stipulates
in Article 6 that children born within the territory only gain
citizenship if one of their parents is a citizen of Samoa.1724
According to Article 7 of the Act, a child born outside of the
territory may gain citizenship by descent if they have one
parent who is a citizen of Samoa.1725 However, in order to do so,
the parent who is a citizen must have acquired their citizenship
“otherwise than by descent” or resided in the territory for three
years.1726 Additionally, a child born outside of Samoa may gain
citizenship by descent if they have at least one grandparent
who gained citizenship by birth.1727
The citizenship laws of Samoa operate through both jus sanguinis
and jus soli structures with an additional condition of permanent
residency.
There are no provisions stipulating citizenship for foundlings or
children born within the territory of Samoa to stateless and/or
foreign citizen parents.
Article 6(2) of the Citizenship Act includes provisions on
citizenship for births occurring on a ship or aircraft.1728 It states
that regardless of where the ship or aircraft is registered, a
person born on the ship or aircraft is not considered to be born
in Samoa.1729 Further, if the person born on the ship or aircraft
is stateless, “the Minister may grant the person Samoan
citizenship by birth”.1730 There are no provisions stipulating
citizenship for foundlings or children born within the territory
of Samoa to stateless and/or foreign citizen parents. Further,
there is no explicit definition of or protection for stateless
persons under the citizenship law of Samoa.
154
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
Naturalized citizenship
recommended that Samoa ensure free and early
birth registration, especially in rural areas where
they “consider the use of mobile registration
teams to cover remote communities” to ensure
the registration details for children of unwed
mothers are accurate. The Committee also
recommended developing strategies that combat
stigmatization of unwed mothers, ensure access
to necessary financial, human and technical
resources to improve the new online registration
system, and raise awareness of the importance of
birth registration and its process.1739
Citizenship may be acquired by naturalization
through permanent residency, as stipulated in
Article 8 of the Citizenship Act.1731 Part of the
eligibility criteria is to have continuously held a
valid permanent resident permit for five years as
well as pay a fee.1732 There is an expedited process
available for investors, but not for stateless
persons.1733
Dual citizenship
There are no provisions regarding dual citizenship
in Samoa’s national legislation.
Treaty ratification status
Population
Samoa has ratified the 1951 Refugee Convention
and its 1967 Protocol, the ICCPR, CRC, and
CEDAW with no relevant reservations.
Reported stateless persons
In 2021, Samoa reported zero stateless persons
to UNHCR.1740 Both qualitative and quantitative
data on statelessness are lacking in the country.
Under the ICCPR, Samoa is obligated to ensure
every child the right to nationality.1734 By ratifying
the CRC, Samoa is bound to register every birth in
its territory immediately.1735 Samoa’s ratification of
CEDAW also requires the Government of Samoa to
ensure gender equality in nationality laws.1736 The
CRC Committee expressed concerns in its 2016
concluding observations that birth registration
is not implemented equally between national
health facilities and traditional birth attendants
in villages.1737 Further, the requirement of a fee
for birth registration as well as the stigmatization
placed on young and unwed mothers throughout
the process is discriminatory.1738 The Committee
Persons at risk of statelessness
Foundling children as well as children born
to stateless and/or foreign parents are at risk
of statelessness in Samoa due to lack of legal
safeguards in national legislation. Children born
in rural areas or to unwed mothers are also at risk
due to lower rates of birth registration.1741
In 2021, Samoa reported zero stateless persons to
UNHCR. Both qualitative and quantitative data on
statelessness are lacking in the country.
TABLE 43
Ratification of International laws relating to statelessness by the countries the Pacific
Country
Samoa
✅
⛔
Stateless 1
⛔
Stateless 2
⛔
Refugee
Signifies that the country is a party to the convention
Signifies that the country is not a party to the convention
✅
ICCPR
✅
ICESCR
⛔
ICERD
⛔
CRC
✅
CEDAW
✅
Stateless 1 - 1954 Convention relating to the Status of Stateless Persons
Stateless 2 - 1961 Convention on the Reduction of Statelessness
REPORT 2024
155
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