Samoa Citizenship Bill: Injustice fixed
An injustice done to Samoans in 1982 has been fixed to a certain extent as the Citizenship Western Samoa Restoration Amendment Bill was passed with unanimous support on Wednesday.
The bill passed its third and final reading in New Zealand Parliament marking a historic moment for those Samoans who had their New Zealand citizenship stripped away by an unjust law passed by the Muldoon government in 1982.
It restores a pathway to citizenship for a group of Samoans stripped of it decades ago. Assuming the Governor General of New Zealand signs it on Monday people can apply from Tuesday.
The law when it comes into force applies to around 3,500 people born between 1924 and 1948.
"Injustice has been fixed to a certain extent, but we've got to be happy about it," former National MP Anae Arthur Anae told RNZ Pacific.
"So we're all rejoicing today, that we got a victory for everybody. We will ask the government to make amendments to the existing [bill] of their descendants.”
Had this been done, 15,600 people would have become eligible for New Zealand citizenship.
Green Party opposition MP Teanau Tuiono submitted the bill which kept gathering support and passed all its reading.
Former New Zealand Minister for Pacific Peoples Aupito William Sio is the deputy chair of the Mau a Samoa i le Siteseni 2024 committee. He was instrumental with Anae and others in gathering support for the bill.
Speaking from Azerbaijan to Samoa Observer, he said this was history in the making for Samoans all over the world.
“As joyous an occasion it is, it's also a very sad occasion for thousands of Samoans that were eligible under the Privy Council ruling in the Lesa Falemai case, but then had their rights removed under the Muldoon Govt of 1982,” he said.
“Even more sad, was the entire Parliament of 1982 voted to remove Samoans legal rights to British and NZ citizens. Nonetheless, it's still a huge win for Samoans.”
According to Aupito Falemai Lesa who first took the NZ government to court and won at the Privy Council, can now rest easy. He said her name will be forever remembered for this huge fight against an injustice perpetuated by the powerful NZ government
“This is not the end. It gives ample opportunities to the next generation to dig into past injustices by New Zealand and to continue advocating to right the wrongs during their colonial rule,” Aupito said.
“NZ apologized in the Helen Clark apology of 2002. We carried out the Dawn Raids apology in 2021, and we have to continue to discuss how to manifest the words of those apologies into actionable outcomes that can right the harm caused during those periods.”
The High Commissioner of Samoa to New Zealand, Afamasaga Faamatalaupu Toleafoa told RNZ that he was among those impacted by important legislative change.
"I fall into that category, I don't think there's an awful lot of morale, when you look at the numbers, most of them have passed away, there is a small number of them alive," Afamasaga said.
"I know the Samoan Government took a backstep on this, not wanting to be involved, but that this is a matter for the New Zealand Government to deal with.
"The support for the bill from New Zealand has been surprisingly strong; beneath it all, there is a recognition of the injustice being done to those who are now eligible."
The journey began in 1978 when Falema'i Lesa, a hotel cook in Wellington, was arrested by immigration officers.
They claimed she had no right to live in New Zealand.
Supported by immigration lawyers, Lesa fought her case to the Privy Council, New Zealand's highest court at the time.
In 1982, the Privy Council ruled that Samoans born between 1924 and 1948 were British subjects and therefore entitled to New Zealand citizenship.
But that same year, the Muldoon government enacted the Citizenship (Western Samoa) Act, which nullified the decision.