The Attorney General of Samoa, Su’a Helena Wallwork Lamb, has deemed the Human Rights Protection Party’s (HRPP) initiative to enforce a 10 percent quota for female parliamentarians as premature. The HRPP, along with candidate Aliimalemanu Alofa Tuuau, has approached the Electoral Court to reconsider the timing of the quota’s implementation following the recent general election on August 29.
During her statements, the Attorney General defended the Electoral Commissioner’s actions, contradicting HRPP counsel Savalenoa Mareva Betham Annandale’s claims that the timing was inappropriate after the confirmation of the new Members of Parliament. She argued that the distinctions made between Article 44 (1A) and Article 52 of the Constitution were unfounded, emphasizing that these articles function independently regarding when the women’s quota should be activated.
The HRPP maintains that the Court of Appeal could interpret the constitutional articles differently, particularly concerning the quota’s activation following a by-election. Article 44 mandates that women must make up at least 10 percent of the Legislative Assembly, while Article 52 outlines the requirement for the assembly to convene within 45 days after a general election.
During court proceedings, Justice Leiataualesa inquired into the authority of the Electoral Court to overturn a Court of Appeal decision. Although Savalenoa did not dispute the earlier ruling, she raised concerns that a proper evaluation of the relationship between the two articles might have led to a different ruling. She highlighted that not activating the 10 percent quota could jeopardize the legitimacy of the parliament, as at least six female MPs must be present at its inaugural meeting after the election.
Reiterating her viewpoint, the Attorney General noted that this matter has been addressed multiple times, reinforcing that Article 52 operates separately from Article 44, which pertains to the scheduling of parliamentary meetings. Mauga Precious Chang, representing the Faatuatua I le Atua Samoa ua Tasi (FAST) party, echoed the Attorney General’s stance and advocated for the dismissal of the HRPP’s application.
The court’s decision is awaited and is expected before Christmas, leaving the status of the women’s parliamentary quota in a state of ambiguity. This ongoing discourse underscores significant issues surrounding women’s representation and governance in Samoa, highlighting essential discussions about electoral integrity and equality in political representation. The anticipation surrounding the court’s ruling serves as a reminder of the ongoing journey toward achieving greater gender representation in political leadership.