Legal Framework
The constitution provides for the right to choose, practice, and change one’s religion. This right may be subject to “reasonable restrictions” by law in the interests of national security or public order, health, morals, or protecting the rights and freedom of others. Legal protections cover discrimination or persecution by private citizens, as well as government officials. The preamble to the constitution describes the country as “an Independent State based on Christian principles and Samoan custom and traditions.” The constitution states, “Samoa is a Christian nation founded on God the Father, the Son and the Holy Spirit.”
The government does not require religious groups to register, but groups have the option to register as a charitable trust or incorporated society with the Ministry of Commerce, Industry, and Labor. Registration is free. Becoming a registered entity entitles groups to receive tax exemptions and legal status. Unregistered religious groups may not formally buy property or pay employees. Individuals or groups may establish a place of worship on community or private land but must obtain approval from the extended family that has claims to the land, as well as from the village council.
The ombudsman is the country’s highest-ranking official responsible for human rights, including religious freedom.
The constitution provides that no one may be forced to take instruction in a religion other than his or her own and gives each religious group the right to establish its own schools. There is no religious curriculum in public schools. Most non-Christian children attend private schools.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
In September, parliament debated repealing an income tax law, passed in 2017 and effective in 2018, that required ministers of religion to pay income taxes. The Ministry of Customs and Revenue in 2021 halted enforcement of the law, and as of year’s end, no new charges against pastors for failing to pay taxes had been filed.
Villages tend to have one primary Christian church. Village chiefs traditionally choose which church, based on the denomination of their extended families. Sources stated, however, that many villages, such as Vaitele and Vailima, had multiple churches serving different denominations and coexisting peacefully.
Chaplains representing the majority of Christian denominations in the country continued to be available to prisoners on a rotational basis. Prisoners of non-Christian faiths had access to counselors from their religion.
Although the constitution provides that no one may be forced to take instruction in a religion other than his or her own, sources said many public schools included Christian prayers in their daily routines.
The government continued to use the Congregational Christian Church of Samoa’s TV2 station to convey political messages.
Public ceremonies typically began with a Christian prayer.