4
It is aware of the merits of a having an independent specialist body. Indeed, one of the
key outcomes of a recent project for the strengthening of justice systems in Samoa was
for a law reform commission-type model to be established, as was done under the
Samoan legislation of 2002. However, considering especially the available resources, the
authorities are taking time to arrive at a realistic assessment of the comparative
advantages, and to be certain that for a small jurisdiction the commission-model is the
right way to go. Particular attention is being given to the rate of acceptance of law
reform commission recommendations (the strike rates) in these other Pacific countries
and the all important issue of implementation of recommendations. Equally,
consideration is being directed to the likely implications, for Samoa, of instituting a new
system that, with all its independence, technical and professional methodology and
expertise (almost certain to be drawn largely from abroad), may find difficulty in
developing the necessary instinct and sensitivity to the conditions of a very traditional
country and to the policy and legislative requirements of its Government.
The law reform institution envisaged for Samoa would be a modest stand-alone
Commission consisting of a full time Commissioner, part-time Commissioners and a
small team of researchers/lawyers. The problem, however, is that the budget estimates
for the new institution would amount to almost two-thirds of the total budget for the
Office of the Attorney General. For much less, a strengthened, perhaps a more
specialised component within the Office of the Attorney General to concentrate on law
reform work could be provided for. This is something of a dilemma and the matter is
apparently still under consideration.
While the Office of the Attorney General seems to manage the regular work flow, it
nonetheless needs to supplement its efforts through assistance from outside, especially in
connection with the large and technically complicated issues. There is, in fact, a long
tradition of assistance from New Zealand, and today also from Australia. In the past
fifty or so years faculty members of the Law School of Victoria University have been
engaged as advisers and consultants by the Samoan Government on a range of law
development and law revision activities. Samoa has been honoured by the counsel and
services of many distinguished faculty members, including, to name just a few, the
chairman of this session, the Rt Hon Sir Ivor Richardson, who undertook the review and
drafting of the fiscal and tax legislation, Dr George Barton, QC a survey of the legal
system and resources and the late Professor Colin Aikman who devoted several years to
Samoa in his pioneering work on the Constitution.
Increasingly, in more recent times, the smaller countries are resorting to and drawing
assistance from the legislative development work of specialist regional agencies like the
South Pacific Regional Environment Programme (SPREP) which is based in Apia,
Samoa (for legislation on environmental issues); the Forum Fisheries Agency (FFA)
based in Honiara, Solomon Islands (for fisheries related legislation); the Pacific
Community (SPC) based in Noumea, New Caledonia (for legislation on health and social
issues, and others); and the Forum Secretariat based in Suva, Fiji (for legislation on trade
and economic issues, and others). Following regional studies and consultations these
agencies work to develop model legislation (usually with associated programmes for the