Freedom of Religion: Submission to Commission of Inquiry in Samoa (31 March 2010)

The Samoan Government has appointed a Commission of Inquiry into the working of Article 11 of the Samoan Constitution, which protects the right to freedom of religion.  As it is currently drafted, Article 11 provides that every person has the right to freedom of thought, conscience and religion, and that laws restricting this right are only valid if the restriction is reasonable and is for the protection of public order, health or morals, national security, or the rights of others.  Although the exact nature of the Government’s planned amendments to Article 11 is at present not clear, it appears that it is intended that the freedom be limited so as to allow the restriction of new religions and denominations into the country.

On 31 March 2010, the Human Rights Law Resource Centre made a Submission to the Commission on the Right to Freedom of Religion.  The submission outlines the rights to freedom of religion and non-discrimination as codified in the International Covenant on Civil and Political Rights, and considers the permissibility of limitations on human rights under international law.  It is hoped that this general information will assist the Commission in its task, and that the Commission will seek further submissions once the specific nature of any proposed amendments is made known.