Insulting The Samoa Flag Can Lead To 6 Months In Prison
Toa Samoa Supporters Parade in Brisbane
Photo: Supplied
As more and more flags appear at parades here and in Samoan communities abroad, the police have alerted the public to the “inappropriate use” of the National Flag of Samoa.
The Official Flag and National Anthem of Samoa Act 1994 mandates reverence instructing people to a “standstill” and for vehicles to remain “motionless” when the flag is being raised or lowered.
Any person convicted of violating the laws that protect the National Flag of Samoa and the national anthem can go to prison for six months or be penalised with a $1,000 fine, or both.
The Act says people who come to a public place while the flag is being raised or lowered must come to a “standstill” and remain in that position until the flag raising or lowering has been completed.
The law covers all drivers, riders of motor vehicles, bicycles, motorcycles, horses and even donkeys.
The same respect is required during the playing or singing of the national anthem “Samoa Tula’i.”
“A person who is within or comes upon a public place or an area where the Flag of Samoa is being raised or lowered shall go into a stand still position and remain in that position until the raising or lowering of the flag has been completed,” the law states.
“The driver of a vehicle: (a) that is within a public place or an area where the flag is being raised or lowered shall refrain from driving the vehicle and ensure that the vehicle remains motionless until the raising and lowering of the flag is completed; or (b) that enters a public place or an area where the flag is being raised or lowered shall ensure that the vehicle is stopped and kept motionless until the raising or lowering of the flag is completed.”
Anyone who “defaces” or damages the Flag of Samoa “or wilfully causes the Flag to be torn, destroyed or so defaced is liable upon conviction to a fine not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months, or both,” the law states.
It is also a crime to insult the Flag of Samoa by act or word.
“A person who by act, word or conduct wilfully offers an insult to the Flag of Samoa is liable upon conviction to a fine not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months, or both,” the law says.
Disrespecting or insulting the national anthem “Samoa Tula’i” is “liable upon conviction to a fine not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months, or both,” the law provides.
EyeSpy asked the Samoa Law Society (S.L.S.) to comment about the laws that govern the handling of the National Flag of Samoa.
There was no reply from the Law Society.
The Samoa Police, Prisons and Corrections Services (S.P.P.C.S.) issued a statement on Friday, 4 November that addressed permits for vehicle parades and the inappropriate use of the flag.
The police warning was released in response to several illegal Toa Samoa parades that took place on the public roads prior to a parade held on Saturday.
Police said that a permit from the police is required to hold a parade and “also hereby advised that the inappropriate use of our national flag as observed in previous parades is prohibited.”
Trucks, cars and a now famous shopping trolley operated by three children displayed countless flags during the motorcade held on Saturday to rally support for the country’s national rugby league squad Toa Samoa ahead of their big match versus Mate Ma’a Tonga.
Samoa beat Tonga 20-18 on Monday morning.
Foreigners have remarked on the incredible patriotism that is being shown by Samoans as the country is halfway through its 365-day celebration of 60 years of sovereignty.
Villages, Churches and families across the country began celebrating on 1 June, 2022 with flag raising ceremonies and by displaying the Flag of Samoa at the borders of their property and on their vehicles.
The theme is “Folau ma le Faatuatua” or “Sail With Faith.”
It is not the first time police have warned the public about the “inappropriate use” of the flag.
In August of 2021, police issued an “official warning” to the public in response to events around the country “particularly during political events.”
“Our national flag represents the hopes and aspirations of the people of Samoa. It is a symbol of our national identity, freedom and pride,” police said last year.
“Naturally, there is national affection, respect and loyalty to the National Flag of Samoa.”
Police advised the public to “refrain from defacing and spoiling the appearance of the National Flag of Samoa.”
“Any future breach of the provisions of the Official Flag and National Anthem of Samoa Act 1994 will be dealt with accordingly,” police said.