samoa – The Samoa Ombudsman says the Samoa Observer newspaper’s coverage of the death of transgender woman Jeanine Tuivaiki was disrespectful.

Maiava Iulai Toma cited Article One of the UN Declaration of Human Rights which says in part “all human beings are born free and equal in dignity and rights”.

Maiava says this concept mirrors the core fa’a samoa principle of feavaa’i or mutual respect.

He says like the human right to dignity, feavaa’i is demanded of all Samoans. Maiava says it is something that should be afforded to all people, regardless of their gender, race or creed.

The Ombudsman says it should also be afforded at all stages of human life.

His office also took the paper to task for referring to Tuivaiki as a man when the term “fa’afafine” is widely recognised and could have been used.

The Office of the Ombudsman issued a lengthy statement after receiving a number of complaints in relation to the article, “Suicide in Church Hall”, which was published on the front page of the Sunday Samoan on Sunday, June 19.

Many of the complaints the Office received requested the Ombudsman to initiate an inquiry.

The Office of the Ombudsman has the power to investigate matters of good-governance in public administration and to promote and protect human rights in Samoa but it does not have the jurisdiction to regulate the media in Samoa.

Given that, many of the complaints were concerned with poor journalism and a lack of media ethics on behalf of the Observer.

In its statement the Office says it believes that a proposed media council is the appropriate mechanism to investigate and determine such complaints.

“This statement does not concern the possible criminal investigation into the death of Jeanine,” the statement says.

“It is concerned with the article, the photo and the reporting of Jeanine’s death as a suicide by the Observer. It does not suggest that Jeanine’s death was either as a result of suicide or a possible homicide. That is a matter for the police and for the coroner.

“Rather, the Office has weaved together relevant human rights and fa’asamoa principles to highlight how the article was inconsistent with Samoan culture and was also a fundamental breach of human rights.

“Many complaints include passionate arguments in the defence of Jeanine and the fa’afafine community.

“It is heartening to know that so many within the Samoan community defended Jeanine’s rights at a time when Jeanine could not.

“ The Office notes that the Observer has since apologised to Jeanine’s family and to its readers for publishing the article. It has also published many editorials criticising the Observer, including a moving statement from the Samoa Fa’afafine Association.

“This statement seeks to assist in the reconciliation process so that Jeanine’s family can grieve for the loss of their loved one in private and to assure the fa’afafine community that they are loved and protected in Samoa.

“All human beings are born free and equal in dignity and rights. Article 1 of the Declaration reminds us that all human beings are born free and equal in dignity and rights and that people should act towards one another in a spirit of brotherhood.

“This concept mirrors the core fa’asamoa principle of feavaa’i or mutual respect. Like the human right to dignity, feavaa’i is demanded of all Samoans.

“It is something that should be afforded to all people, regardless of their gender, race or creed. It should also be afforded at all stages of the human experience, from birth to adolescence, adulthood and even in death.

“The Observer did not afford Jeanine, and the family, respect when it published the photo and printed the article on the front page of the Sunday Samoan.

“It showed a callous disregard for Jeanine as a human being. It denied Jeanine’s right to inherent dignity and took away Jeanine’s humanity.

“The article also failed to afford Jeanine and the fa’afafine community respect when it referred to Jeanine as a man when the term fa’afafine is widely recognised in the Samoan community.

“Terminology can have a profound impact on a person’s identity, self-worth and inherent dignity. The use of inclusive and accepted terminology empowers individuals. Terminology that describes such intrinsic parts of a person’s identity or characteristics carries a heavy weight and significance.

“This is particularly so for groups that have been stigmatised in their community. In those circumstances, terms validate who someone is and may help them to feel connected to others who share that identity or those characteristics.

“While terminology evolves over time, what remains constant is the importance of treating each person with dignity, in a way that protects the person from discrimination and violence.

“Fa’afafine are an important part of Samoan culture. They are traditionally known for their hard work and dedication to the family in carrying out the roles and responsibilities of both men and women.

“We should always consider our fa’asamoa by ensuring that we afford fa’afafine feavaa’i and refer to them in a manner that is both culturally and gender sensitive.

“The media play an important role in any democratic society. Media organisations such as the Observer help generate public debate on important public issues and ensure that the government and business are held accountable for their actions.

“Above all else, the media should report the news in an objective and responsible manner. The media should always serve the public by providing it with accurate and reliable information. The article did not do this.

“It was based on hearsay and insinuated the reasons for Jeanine’s death without corroborating its source.

“In February, the Samoa Observer editor stated that Samoa did not need a media council as the newspaper had been operating for many years without one.

‘The inappropriate publishing of the photo, combined with the insensitive reporting of Jeanine’s death and gender clearly highlights the need for industry oversight of Samoa’s media. - PNC sources