Samoa

The Definition of Terrorism in Domestic Law

Section 3(1) of the 2014 Counter Terrorism Act defines terrorist act as follows:

(a) an act or omission committed in or out of Samoa, that -

(i) constitutes an offence under this Act; or

(ii) endangers a person‘s life, physical integrity or freedom; or

(iii) causes serious injury or death to a person or any number or group of persons; or

(iv) creates a serious risk to the health or safety of the public or a section of the public; or

(v) causes or may cause damage to public or private property, natural resources, environmental or cultural heritage; or

(vi) involves the use of weapons; or

(vii) involves introducing into the environment, or distributing or exposing the public to any: (A) dangerous, hazardous, radioactive or harmful substance; or (B) toxic chemical; or (C) microbial or other biological agent or toxin; or

(viii) involves serious disruption to any system or the provision of services directly related to essential infrastructure; and

(ix) is intended, or, by its nature and context, is reasonably to be regarded as being intended:

  (A) to intimidate the public or a section of the public; or

  (B) to compel a Government or an international organisation to do, or refrain from doing, any act; or

(x) involves the collection or provision of funds in relation to aircraft safety, nuclear material, and fixed platform offences ..., as well as funds for the proliferation of weapons of mass destruction.

(b) any promotion, sponsoring, contribution to, command, aid, incitement, encouragement, attempt, threat, conspiracy, organising, or procurement of any person, to commit any act referred to in paragraph (a)(i) to (ix).

There are specific carve-outs for the exercise of certain fundamental human rights and for acts in armed conflict that comply with international humanitarian law. Thus:

(2) An act or omission mentioned in subsection (1) does not include an act or omission that:

(a) is committed as part of an advocacy, protest, demonstration, dissent or industrial action and is not intended to result in any harm mentioned in subsection (1)(a)(i) to (ix); or 

(b) occurs in a situation of armed conflict and is, at the time and in the place it occurred, in accordance with rules of international law applicable to the conflict.

Adherence to Global and Regional Terrorism Treaties

Samoa is a State Party to only one of the main United Nations treaties on terrorism.

There is not currently a regional treaty on terrorism to which Samoa can adhere.

Laws and Penalties for Terrorist Offences

The maximum penalty for terrorist offences under the 2014 Counter Terrorism Act is life imprisonment. 

Counterterrorism Capacities and Policies at Domestic Level

There is no specific counterterrorism capacity in the Samoa Police.