Country Overview
Samoa
At a glance
Same-sex Relations for Men Legal Throughout the Country?
Same-sex Relations for Women Legal Throughout the Country?
Legal Gender Recognition Possible?
LGBTI Orgs Able to Register?
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Samoa criminalizes same-sex intimacy between men. The Crimes Act of 2013 outlaws “sodomy” and bans anal sex, though these laws are rarely enforced. The legal and social environment in Samoa for LGBTIQ people is complex and strongly influenced by both so-called traditional cultural practices and conservative religious values. Same-sex relationships are not legally recognized. While Samoa bans employment discrimination based on sexual orientation, it does not comprehensively protect LGBTIQ persons from discrimination in other areas. As a result, LGBTIQ Samoans have limited legal recourse in cases of discrimination in areas such as health care, housing, and access to other public services. However, Samoa prohibits health professionals from attempting to change a person’s sexual orientation.
The Censorship Board has sporadically censored movies depicting LGBTIQ people or content. While there is cultural recognition of the fa'afafine and fa’afatama, which describe people with a third gender and is a social and communal gender fluid status that has been long accepted in Samoan society, this recognition does not necessarily extend to broader acceptance of LGBTIQ people.
In 2011, Samoa joined over 80 countries in signing the United Nations’ "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity.”
*Outright research indicates that the bodily autonomy of intersex people is not respected and protected in this country.
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