LGBTQ rights in Samoa

LGBTQ rights in Samoa
Legal statusIllegal for men, legal for women
PenaltyUp to 7 years’ imprisonment (not enforced, legalization proposed)
Gender identityNot known
MilitaryHas no military
Discrimination protectionsSome protections concerning sexual orientation in employment only
Family rights
Recognition of relationshipsNo
AdoptionNo

Lesbian, gay, bisexual, and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT residents. Sexual contact between men is illegal, punishable by up to seven years’ imprisonment, but the law is not enforced.

Samoan society tends to be very tolerant of being transgender, but not of homosexuality. It has a large transgender or "third gender" community called fa'afafine. Fa'afafine are a recognised part of traditional Samoan customs, allowing for third gender people, in particular, to be accepted as they have always been a part of Samoan culture. Groups advocating for better representation of fa'afafine and the decriminalisation of homosexuality include the Samoa Fa'afafine Association, which sees anti-gay laws as hindering the full incorporation of both fa'afafine and gay and lesbian Samoans into society.

Additionally, in 2011, Samoa signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people. By signing the joint statement, Samoa has made a commitment to the international community that it recognises the particular challenges faced by LGBTI people when examined through a human rights lens, and undertaken that it will endeavour to end violence, criminal sanctions and related human-rights violations based on sexual orientation and gender identity.