Banishment has long been a form of punishment in Samoa where the village council meets and decides that either an individual or a family will be exiled from the village for a crime or breaching of the village by-laws.

This week, a family in Malifa was told to pack up and leave after a drug raid at their home where 18 people were arrested and subsequently 14 were charged. The village council of Malifa met over the weekend and decided this was the best course of action to keep the village safe from the effects of the narcotic, meth.

Different villages have differing bylaws and there are different reasons why people or families get exiled.

Banishment can serve as a deterrent against behaviour that is considered harmful or disruptive to the community. This can include actions such as theft, adultery, and disrespect towards cultural customs and traditions. By imposing a severe punishment such as banishment, the community can send a strong message that such behaviour will not be tolerated.

However, many questions arise from the act of banishment. In the past, families have been banished for the act of one family member. Should whole families be uprooted and told to live in exile because of the actions of one individual? Is it fair that the whole family including children get to bear the consequences of one person’s action?

The other issue is that everyone remains innocent until proven guilty in a court of law. Should village councils only consider banishment if the guilt of a person has been proven beyond a reasonable doubt? Is it legal to banish a person who has not been convicted? What happens when the courts do not find a person guilty?

There is also a considerable impact on the lives of children and other family members who have not committed the offence and yet have to leave the place where they grew up and have fond memories. Children have to change schools, employment for some is affected and other range of social issues follow.

As village bylaws have to be approved by the Ministry of Women, Community, and Social Development, are these banishments ad hoc laws or written laws? Times are changing and tradition has to evolve with the times.

Perhaps it could be a good idea to visit the act of banishment with an open lens and list down what acts, how, and when should banishments be carried out. The act of banishment should apply equally to everyone. A domestic violence perpetrator, a person who abuses children, thieves, parliamentarians who lie, a corrupt official, someone who plays loud music, a drunk who goes around the village creating a nuisance, and drug users and sellers should all be treated on the same level because all of them commit a crime.

Should anyone from the above category face banishment before they are proven in court? There have been instances when families have been banished because a family member has argued with a village chief or the priest. The case of the hog-tied man in Savaii is an example, another is the family of the elderly woman who allegedly assaulted the opposition leader.

While this practice has been a part of Samoan culture for centuries, and it is deeply ingrained in the fabric of Samoan society, there are concerns about how far the punishment of banishment should go.

One of the main concerns is that it can be a harsh and unforgiving punishment that can lead to social isolation and economic hardship for those who are banished creating a cycle of poverty and disadvantage.

The punishment of banishment can be abused and used as a means of settling personal or political disputes. This can result in individuals being banished unfairly or without due process and can have serious consequences for their lives and livelihoods.

In many cases, those who are banished are often left with few options for recourse or appeal. The process of banishment is often determined by chiefs and matai, who may have their own biases or personal agendas that can influence their decision-making. It is also another way of maintaining their power and authority within the village council. This can lead to individuals being unfairly targeted or punished for actions that may not warrant such a severe punishment.

It is important to acknowledge the value of cultural traditions and customs, but it is equally important to ensure that these practices align with contemporary values and principles of justice and fairness.

There should be a system in place to ensure that the process of banishment is fair and transparent. This would include having clear guidelines and protocols for issuing banishments and providing individuals with the opportunity to appeal their punishment.

It is essential to critically examine traditional practices such as banishment and consider alternative forms of justice prioritising the well-being and healing of individuals and communities.

After all, the purpose of justice is to provide fair treatment to each individual, without exception, regarding their rights according to the laws of the land.