United States Department of State (US Dept of State), Country Reports on Human Rights Practices — 2001, Bureau of Democracy, Human Rights and Labor, Washington, pp.8373–5.
2.
United Nations Conference on Trade and Development, Statistical Profiles of Least Developed Countries, 2001, UNCTAD/LDC/Misc.72, p.46.
3.
Of course, Australia is not immune to this problem: ‘Violence against women is a problem. Social analysts and commentators estimate that domestic violence may affect as many as one family in three or four, but there is no consensus on the extent of the problem’: US Dept of State, above, ref 1, pp.8249–55.
4.
AigaMapusaga o, A Study of Domestic and Sexual Violence against Women in Western Samoa, 1996, 1996, in possession of the author, Melbourne.
5.
ibid., p. 13.
6.
GA res. 34/180, 34 UN GAOR Supp. (No. 46) at 193, UN Doc. A/34/46, entered into force 3 September 1981. See also Optional Protocol to the Convention on the Elimination of Discrimination against Women, GA res. 54/4, annex, 54 UN GAOR Supp. (No. 49) at 5, UN Doc. A/54/49 (Vol. I) (2000), entered into force 22 December 2000, which now provides for an individual communication procedure in countries signatory to the Protocol.
7.
GA res. 44/25, annex, 44 UN GAOR Supp. (No. 49) at 167, UN Doc. A/44/49 (1989), entered into force 2 September 1990.
8.
CEDAW on 25 September 1992 (by accession) and CROC on 29 November 1994 (by ratification).
9.
United Nations, Declaration on the Elimination of Violence Against Women, GA res. 48/104, 48 UN GAOR Supp. (No. 49) at 217, UN Doc A/48/49 (1993).
10.
GA res. 48/104, 48 UN GAOR Supp. (No. 49) at 217, UN Doc A/48/49 (1993). General Assembly Declarations have force as a statement on the content of particular rights and represent the collective state of mind of the UN member states, but have no binding legal effect.
11.
Committee on the Elimination of Discrimination against Women, General Recommendation 12, Violence against women (Eighth session, 1989), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc HRI/GEN/1/Rev.1 at 78 (1994) and Committee on the Elimination of Discrimination against Women, General Recommendation 19, Violence against women (Eleventh session, 1992), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc HRI/GEN/1/Rev.1 at 84 (1994). General Recommendations act as an interpretative tool of the rights set down in the particular instrument.
12.
It has also been argued that domestic violence also breaches articles of the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT): KozmaAlyson and DauerSheil, ‘Domestic Violence as Torture: Integrating a Human Rights Framework into the Domestic Violence Movement’, (2001) 31(11) Off Our Backs28–30.
13.
See above, ref 11, General Recommendation, para 6 and Declaration, Article 1.
14.
See Article 2(e) of CEDAW calling on states parties to take all appropriate measures to eliminate discrimination against women by any person, organisation or enterprise.
15.
See above, ref 11.
16.
ToleafoaAfamasaga, ‘Human Rights and Human Dignity’, The Samoan Observer, 1 August 2002.
17.
‘Aid tying is the practice of granting development assistance on condition that the beneficiary country uses the money to buy goods and services in the country granting that aid’, HilditchLouise, ‘Untied Aid Goes Further’, (2001) Issue 14, Developments.
For examples of the application of human rights norms in Pacific courts see TamataLaitia, ‘Application of Human Rights Conventions in the Pacific Islands Courts’, (2000) 4Journal of South Pacific Law55 <http://www.vanuatu.usp.ac.fj/journal_splaw/Working_Papers/Tamata1.html> at 22 September 2002.
TomaMaiava. I., ‘Speech — Democracy, Good Governance & Good Governance Mechanisms’, Samoan Observer, 1 August 2002.
23.
Which should be established according to the ‘Principles relating to the status and functioning of national institutions for protection and promotion of human rights’, UN Doc A/RES/48/134, 20 December 1993 (The Paris Principles).
24.
See JacksonCherelle, ‘Samoa Launches Pacific Children's Program’, Samoan Observer, 31 August 2002.
25.
Corrin-CareJennifer, Conflict Between Customary Law and Human Rights in the South Pacific, paper presented at the 12th Commonwealth Law Conference at Kuala Lumpur in September 1999, p.1. <http://www.mlj.com.my/articles/JenniferCorrin-Care.htm> at 21 September 2002.
