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2021 Samoan constitutional crisis

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Politics of Samoa
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A constitutional crisis began in Samoa on 22 May 2021 when the O le Ao o le Malo (Head of State) Tuimalealiifano Va'aletoa Sualauvi II issued a proclamation purporting to prevent the Legislative Assembly of Samoa from meeting in the wake of the April 2021 Samoan general election.[1][2][3][4]

Background

Main article: April 2021 Samoan general election

The election of 9 April 2021 resulted in a 25-25 tie between the ruling Human Rights Protection Party (HRPP) of Prime Minister Tuilaepa Aiono Sailele Malielegaoi and the Faʻatuatua i le Atua Samoa ua Tasi (FAST Party) of Fiame Naomi Mata'afa, with the remaining seat held by the independent Tuala Iosefo Ponifasio.[5] On 20 April 2021, the Samoan electoral commission declared the HRPP's Ali'imalemanu Alofa Tuuau elected due to the requirement that a minimum of 10% of seats in parliament must be held by women, with Tuuau being the female candidate who most narrowly missed being elected.[6] The next day Ponifasio announced he would join FAST, creating a 26–26 deadlock. On the evening of 4 May, the O le Ao o le Malo purported to dissolve Parliament and ordered new elections for 21 May.[7][8] A writ for the new election was issued on 5 May 2021.[9]

Both the purported dissolution and the decision to appoint Tuuau were challenged in court, and on 17 May the Supreme Court of Samoa overturned both decisions, declaring them unconstitutional and void.[10][11][12] The court upheld the election results and ordered parliament to meet within 45 days of the original poll.[13][14] On 21 May, the Court of Appeal of Samoa declined to stay the Supreme Court's ruling over Tuuau's appointment, confirming FAST's parliamentary majority.[15] Immediately after the ruling, the O le Ao o le Malo issued a proclamation convening the opening of the new Parliament on 24 May.[16][17] That same day, an attempt by the Attorney-General to have the writ overturned was rejected by the Supreme Court.[18] In doing so, the Court ruled that "the ruling of the Supreme Court represents the law in Samoa, and it should be followed. Failure to abide by the law has its own consequences".[18]

On the evening of 22 May 2021 the O le Ao o le Malo suspended the proclamation until further notice. He did not elaborate on the reasons behind the suspension, but said that the reasons will be known in "due course".[1][2][3]

Response

FAST leader Fiame Naomi Mataʻafa denounced the suspension as a coup, and announced plans to challenge it in court.[19] On 23 May the Supreme Court met in chambers to hear a motion to overturn the suspension.[20] That afternoon, they ruled the decision was unlawful and that the proclamation convening parliament for 24 May continued to stand.[21][22] Prime Minister Malielegaoi responded by saying that the court order was illegal, that the judges had breached State of Emergency regulations and ought to be charged, and that he and members of the HRPP would refuse to be sworn in when parliament convened.[23] Later that evening, Speaker of the House Leaupepe Toleafoa Faafisi purported to cancel the swearing-in ceremony, in contravention of the court's order.[24][25][26][27]

On the morning of 24 May FAST MPs and supporters arrived at Parliament to police surrounding the building and the doors locked.[28] The Clerk of parliament refused them entry, in obedience to Faafisi's order. Fiame Naomi Mata’afa said that MPs would wait for the head of state, and convene parliament on the front steps if necessary.[29][30][31] Later that afternoon FAST Party MPs and Ministers were sworn into office in a tent outside parliament.[32][33][34][35] Mata’afa was sworn in as Samoa's first female prime minister.[36][37] Tuilaepa responded by accusing the FAST Party of "treason".[37][38]

International reaction

New Zealand Prime Minister Jacinda Ardern called on Samoa to uphold the rule of law and the outcome of the elections.[39]

Australian Foreign Minister Marise Payne called on all parties to "respect the rule of law and democratic processes".[40] The United Nations Secretary-General "urge[d] leaders in Samoa to find solutions to the current political situation through dialogue".[41] Pacific Islands Forum Secretary-General Henry Puna said the Forum was ready to offer help if necessary and called on all parties to pursue peaceful means to resolve their difficulties.[42]

Following the swearing-in ceremony, the Federated States of Micronesia became the first foreign government to recognise the new administration.[43][44]

References

  1. ^ a b Joyetter Feagaimaali'i (22 May 2021). "Head of State suspends Parliament". Samoa Observer. Retrieved 22 May 2021. Samoa has been thrown into a constitutional crisis
  2. ^ a b Sina Retzlaff (22 May 2021). "Head of State Issues Writ to Suspend Official Opening of XVIIth Parliament". Samoa Global News. Retrieved 22 May 2021.
  3. ^ a b "Samoa dives into further uncertainty as Head of State suspends Monday's opening of Parliament". Talamua. 22 May 2021. Retrieved 22 May 2021.
  4. ^ Jamie Tahana (22 May 2021). "Sitting of Samoa parliament cancelled; constitutional turmoil deepens". RNZ. Retrieved 22 May 2021. with the country now well engulfed in a constitutional crisis
  5. ^ "Samoa election: official results show top parties still tied". RNZ. 16 April 2021. Retrieved 16 April 2021.
  6. ^ Renate Rivers (20 April 2021). "H.R.P.P. secures majority with extra seat". Samoa Observer. Retrieved 20 April 2021.
  7. ^ "Head of State to call for second election in Samoa; FAST reacts with anger". RNZ. 4 May 2021. Retrieved 4 May 2021.
  8. ^ Lanuola Tusani Tupufia – Ah Tong (4 May 2021). "H.O.S. declares April election void". Samoa Observer. Retrieved 4 May 2021.
  9. ^ "No New Candidates for Snap Elections". Samoa Global News. 5 May 2021. Retrieved 5 May 2021.
  10. ^ Lanuola Tusani Tupufia – Ah Tong (17 May 2021). "F.A.S.T. wins case, majority". Samoa Observer. Retrieved 17 May 2021.
  11. ^ "Extra seat thrown out: FAST win Samoa election". RNZ. 17 May 2021. Retrieved 17 May 2021.
  12. ^ Marieta H Ilalio (17 May 2021). "Additional Parliamentary Seat Declared "Unconstitutional and Void"". Samoa Global News. Retrieved 17 May 2021.
  13. ^ Lanuola Tusani Tupufia – Ah Tong (17 May 2021). "Court overrules fresh elections". Samoa Observer. Retrieved 17 May 2021.
  14. ^ "Samoa court dismisses call for second election". RNZ. 17 May 2021. Retrieved 17 May 2021.
  15. ^ Lanuola Tusani Tupufia – Ah Tong (21 May 2021). "Ali'imalemanu stay of execution denied". Samoa Observer. Retrieved 21 May 2021.
  16. ^ "Samoa's Head of State sets a date for parliament to meet". PMN. 21 May 2021. Retrieved 21 May 2021.
  17. ^ Lanuola Tusani Tupufia – Ah Tong (21 May 2021). "Head of State calls to convene Parliament". Samoa Observer. Retrieved 21 May 2021.
  18. ^ a b Sina Retzlaff (22 May 2021). "Desperate Tactic to Delay Parliament Rejected by Chief Justice". Samoa Global News. Retrieved 22 May 2021.
  19. ^ Natasha Frost (22 May 2021). "A Late-Night Proclamation Blocks a Woman From Leading Samoa". New York Times. Retrieved 23 May 2021. "This is a coup," [Mata'afa] said.
  20. ^ Joyetter Feagaimaali'i (23 May 2021). "Chamber meeting at 11am, called by Chief Justice". Samoa Observer. Retrieved 23 May 2021.
  21. ^ Joyetter Feagaimaali'i (23 May 2021). "H.O.S. proclamation 'unlawful': Supreme Court". Samoa Observer. Retrieved 23 May 2021.
  22. ^ Sina Retzlaff (23 May 2021). "Court Upholds Original Proclamation of Head of State to Convene Parliament". Samoa Global News. Retrieved 23 May 2021.
  23. ^ "Prime Minister and HRPP Refuse to be Sworn-In, says Sunday SOE Orders Breached". Samoa Global News. 23 May 2021. Retrieved 23 May 2021.
  24. ^ Lanuola Tusani Tupufia - Ah Tong (23 May 2021). "Former Speaker calls off parliament meeting". Samoa Observer. Retrieved 23 May 2021.
  25. ^ "Speaker announces no Fono opening tomorrow". Talanei. 22 May 2021. Retrieved 23 May 2021.
  26. ^ "Samoa's Speaker disregards Supreme Court ruling". RNZ. 23 May 2021. Retrieved 23 May 2021.
  27. ^ Sapeer Mayron (23 May 2021). "Samoan election turmoil: Speaker postpones parliament session, hours before new PM to be sworn in". Stuff. Retrieved 23 May 2021.
  28. ^ Lanuola Tusani Tupufia - Ah Tong (24 May 2021). "F.A.S.T. moves in to Parliament; Police confronted". Samoa Observer. Retrieved 24 May 2021.
  29. ^ Sapeer Mayron (24 May 2021). "Samoa election turmoil: FAST Party to convene on steps outside of Parliament if head of state does not arrive". Stuff. Retrieved 24 May 2021.
  30. ^ Jamie Tahana (24 May 2021). "Parliament locked as Samoa turmoil continues". RNZ. Retrieved 24 May 2021.
  31. ^ lance Polu (24 May 2021). "Samoa's Democracy on Lockdown". Talamua. Retrieved 24 May 2021.
  32. ^ Sapeer Mayron (24 May 2021). "Samoa election turmoil: FAST Party to host own swearing-in ceremony outside of Parliament". Stuff. Retrieved 24 May 2021.
  33. ^ Gerwin Joseph (24 May 2021). "Samoan parliamentarians swearing in proceeds despite lockdown". Talamua. Retrieved 24 May 2021.
  34. ^ Natasha Frost (24 May 2021). "Locked Out of Samoa Parliament, Female Leader Is 'Sworn In' Under a Tent Outside". New York Times. Retrieved 24 May 2021.
  35. ^ Marieta H Ilalio (25 May 2021). "Fiame Sworn in as Prime Minister under Marquees on Parliament Grounds". Samoa Global News. Retrieved 25 May 2021.
  36. ^ "Samoa's first female PM locked out of parliament by losing opponent". BBC.com. May 24, 2021. Retrieved May 25, 2021.
  37. ^ a b Sapeer Mayron (24 May 2021). "Samoa election turmoil: Samoa's caretaker PM Tuilaepa gives blistering speech as FAST Party's Fiame Naomi Mata'afa sworn in as new PM". Stuff. Retrieved 24 May 2021.
  38. ^ "Samoa incumbent leader rejects first female Prime Minister's swearing in as 'treason'". RNZ. 24 May 2021. Retrieved 24 May 2021.
  39. ^ James Robertson (24 May 2021). "Uphold democracy, law: Ardern". Samoa Observer. Retrieved 24 May 2021.
  40. ^ Richard Ewart (24 May 2021). "Samoa's political crisis deepens, caretaker PM accused of power grab". ABC. Retrieved 24 May 2021.
  41. ^ "Statement attributable to the Spokesperson for the Secretary-General – on Samoa". United Nations. 24 May 2021. Retrieved 25 May 2021.
  42. ^ "Focus on the Forum family for Secretary General Henry Puna". Pacific Islands Forum. 25 May 2021. Retrieved 25 May 2021.
  43. ^ "The Federated States of Micronesia Recognizes the Legitimacy of Prime Minister Fiame Naomi Mata'afa". FSM Government. 24 May 2021. Retrieved 24 May 2021.
  44. ^ Marc Membrere (25 May 2021). "Micronesia recognises Fiame as Samoa's P.M." Samoa Observer. Retrieved 25 May 2021.
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