Tuilaʻepa Saʻilele Malielegaoi

Tuilaʻepa has emerged as one of Oceania's most vocal critics of Fijian interim leader Commodore Frank Bainimarama, who came to power in the 2006 Fijian coup d'état. Tuilaʻepa has stated that Bainimarama has shown little respect for the opinions of regional Pacific leaders.[15] Tuilaʻepa has said that Bainimarama's actions since the 2006 coup have shown that Bainimarama has no intentions of returning Fiji to democratic rule or holding transparent, free elections.[15] Tuilaʻepa cites numerous actions by Bainimarama to back up his criticisms, including rescinding assurances to leaders at a regional meeting in Tonga that elections would be held in May 2008.[15] He has also criticised Bainimarama as a "no-show" at regional meetings of the Pacific Islands Forum in Niue and Papua New Guinea.[15] Tuilaʻepa has said that Bainimarama's failure to compromise, hold democratic elections and meet with regional leaders is not the "Pacific way."[15]

In a February 2009 continuation of the war of words between Bainimarama and Tuilaʻepa, Bainimarama accused Samoa's foreign policy of being dictated by New Zealand.[15] He also accused Tuilaʻepa of being "un-Pacific".[15] Tuilaʻepa fired back, questioning whether Bainimarama was sober when he made these claims and reiterating that Bainimarama shows little respect for Pacific leaders.[15]

In late 2011, Tuilaʻepa initiated a meeting of Polynesian leaders which led, in November, to the formal launching of the Polynesian Leaders Group, a regional grouping intended to co-operate on a variety of issues including culture and language, education, responses to climate change, and trade and investment in Polynesian countries.[16] The Group was in part a response to the Melanesian Spearhead Group.[17][18][19]

In June 2017, the Samoan Parliament passed a bill to increase support for Christianity in the country's constitution, including a reference to the Trinity. Article 1 of the Samoan Constitution states that “Samoa is a Christian nation founded of God the Father, the Son and the Holy Spirit”. According to The Diplomat, "What Samoa has done is shift references to Christianity into the body of the constitution, giving the text far more potential to be used in legal processes."[20] The preamble to the constitution already described the country as "an independent State based on Christian principles and Samoan custom and traditions."[20]

Tuilaʻepa's government passed highly controversial legislation in 2009 to switch Samoan road use from right to left-hand traffic.[25][26] The controversy resulted in a peaceful demonstration which drew more than 15,000 people the largest protest demonstration in Samoan history,[25] and to the founding of the People's Party, a political party established to protest against changing sides.[26][27]

In 2011, Tuilaʻepa's government introduced a bill to shift Samoa west of the International Date Line, to facilitate economic relations with Australia, New Zealand and Asia (by ensuring that Samoa would no longer be one calendar day away from them). According to Samoa Observer editor Keni Lesa, many Samoans viewed the bill as "another crazy idea from our crazy prime minister". Opposition politicians also criticised it, arguing that it would not increase exports, and that it would in fact deprive Samoa of "its unique tourism selling point as the last place on earth to see the sun", just east of the Date Line. Tuilaʻepa responded by calling opposition MP Lealailepule Rimoni Aiafi (of the Tautua Samoa Party) "very stupid", adding that "only an idiot" would fail to see the merits of the bill.[28] However, the bill had the support of the Samoa Chamber of Commerce and the vast majority of the private and finance sector. The major benefit being that, given that most trade was conducted with New Zealand and Australia, and a growing trade sector with South East and East Asia, that being on the same day as these major trading partners would lead to improvements in productivity, as more trade could be facilitated during a shared five-day week, as opposed to the previous situation of only sharing four week days to conduct business.

A measles outbreak began in September 2019.[29] As of 26 December, there were 5,612 confirmed cases of measles and 81 deaths, out of a Samoan population of 200,874.[30][31] Over two percent of the population has been infected.[30]

The outbreak has been attributed to a sharp drop in measles vaccination from the previous year. In 2013, 90% of babies in Samoa received the measles-mumps-rubella vaccination at one year of age.[32] On 6 July 2018 on the east coast of Savaiʻi, two 12-month-old children died after receiving MMR vaccinations.[33] The cause of death was incorrect preparation of the vaccine by two nurses who mixed vaccine powder with expired anaesthetic instead of the appropriate diluent.[34] These two deaths were picked up by anti-vaccine groups and used to incite fear towards vaccination on social media.[35] The government stopped its vaccination programme for 10 months, despite advice from the WHO.[36] The incident caused many Samoan residents to lose trust in the healthcare system.[37]

Nevertheless, as of 29 December a public inquiry into the government's role in suspending vaccinations had not been announced. Deputy director of health Gaualofa Matalavea Saaga stated, "Having our case blasted out to the world is the last thing we want."[33] Samoa's political opposition called for the health minister to be removed from his position.[33]

On 30 July, Tuilaʻepa and supporters of the HRPP led a convoy protest against the judiciary.[72] Once the convoy arrived in Savaiʻi, the HRPP set out to lay wreaths at the graves of former HRPP prime ministers Tofilau Eti Alesana and Vaʻai Kolone. The convoy were able to lay wreaths at Tofilau's grave, but were refused to do so at Kolone's by his son Vaʻai Papu Vaʻai. The HRPP had used Vaʻai Kolone's image in an advertisement to promote the party's demonstration in Savaiʻi, something that Vaʻai Papu expressed discontent about. Vaʻai Papu had been critical of the HRPP's actions during the 2021 constitutional crisis, and stated that the party should be "ashamed" and accused them of using his father's image "in vain". He also suggested that the party change its name from the ‘Human Rights Protection Party’ to the ‘Malielegaoi Human Rights Demolition Party’.[73] The convoy was forced to turn around, when the villages of Salelologa and Sasina on Savaiʻi established roadblocks and refused the HRPP passage. Tuilaʻepa deemed the roadblocks "unlawful", but agreed to turn back for ‘the sake of peace’.[74] Despite the rally not folding out as he intended, Tuilaʻepa declared the convoy protest to be a ‘victory’.[75] He then accused FAST Chairman and Minister of Agriculture, Fisheries and Scientific Research, Laauli Leuatea Polataivao, of being the ‘mastermind’ behind the road blocks. Laauli denied being involved.[76] Tuilaʻepa issued an informal apology to the judiciary on 8 September after weeks of criticising and protesting against them. He also expressed that it is the ‘nature of the role of the opposition to question all three arms of government’.[77][78] Tuilaʻepa later contradicted this, when he denied ever apologising to the judiciary.[79]

On 21 August 2021, the Minister of Finance, Mulipola Anarosa Ale Molioo expressed that she ‘did not have the complete confidence’ in the chief executive officer of the Ministry of Finance, Oscar Malielegaoi son of Tuilaʻepa. In response, Tuilaʻepa stated that whilst they can sack the C.E.O for a lack of cooperation with the minister, he would file a lawsuit against the ministry should they not have ‘strong reasons’ for carrying out this decision.[80] Ale Molioo later requested that Oscar Malielegaoi resign, which he then did on 28 August.[81]

On 24 August 2021 Tuilaʻepa claimed that he had been unseated by a feminist plot led by New Zealand Prime Minister Jacinda Ardern, who allegedly "wanted Samoa to have a female Prime Minister".[82] This was later rejected by prime minister Ardern.[83]

During the ad hoc ceremony outside parliament on 24 May 2021, FAST MPs were sworn in whilst the HRPP members were absent. Once the Supreme Court recognised the ceremony as legal, uncertainty arose about whether the HRPP caucus would be able to be sworn in at the convention of parliament. The Samoan constitution states that parliament must convene within 45 days of an election, 24 May was the last day for parliament to meet within the deadline.[84] On 1 September 2021, prime minister Fiamē Naomi Mataʻafa announced that the 17th Samoan parliament would convene on 14 September.[85] Shortly before the prime minister's announcement, Tuilaʻepa wrote to the speaker of the legislative assembly Papaliʻi Liʻo Taeu Masipau, asserting that himself and the HRPP caucus intend to be sworn by the head of state once parliament convenes.[86] Papaliʻi then replied by saying that the HRPP caucus would be sworn in by himself in accordance with the constitution.[87] Regardless of whether they would be sworn in or not, Tuilaʻepa announced that the HRPP caucus would attend the first convention of the 17th parliament.[88] A day before the sitting of parliament, Papaliʻi announced that the HRPP members would not be sworn and that they would not be permitted to attend.[89] Thus making it likely that Tuilaʻepa and the HRPP caucus will have to contend by elections in order to return to parliament.[90] On the morning of 14 September, Tuilaʻepa and the opposition HRPP MPs along with supporters of the party, attempted to enter parliament. They were stopped by the police who told them to turn back, the crowd returned to party headquarters two hours later.[91][92] Tuilaʻepa described the event as being "a sad day for Samoa", he also accused the FAST party of being ‘dictatorial’.[93] He then announced that the HRPP would be challenging the speaker's decision in court.[94] The Supreme Court ruled in the HRPP's favour on 16 September, ordering the speaker to swear in all 18 elected members of the HRPP caucus.[95][96] Papaliʻi had them sworn in the following morning.[97]

In November 2021, Tuilaʻepa rejected a United Nations recommendation for Samoa to legalise abortion. He described abortion as ‘murder’ and stated that it should not be legalised as it violates Samoa's ‘Christian beliefs’. Tuilaʻepa also commented that not all UN proposals are ‘good and suitable’ for all nation-states, adding that "this is because the world is made of different people with different beliefs and from different ethnic groups." He also said that some UN proposals, particularly abortion, were not "applicable" to Samoa.[98]

Following a poor showing at the November 2021 Samoan by-elections, HRPP MP and former Minister of Education, Sports and Culture Loau Keneti Sio called upon Tuilaʻepa to resign when he stated that HRPP senior members should "hang up their boxing gloves". Despite the HRPP having won all seven electorates up for by-elections in the April general election, the party only retained two seats.[99][100] Tuilaʻepa responded to Loau's statement by denying "tension (was) brewing within the Human Rights Protection Party". Instead, he expressed that 'Samoa's oldest political party is still in unity' and that the HRPP fight is "far from over".[101] Tuilaʻepa later said he was ready for party members to address a potential resignation.[102]

Following Tuilaʻepa's permanent suspension from the legislative assembly, after the privileges and ethics committee found him and the HRPP secretary Lealailepule Rimoni Aiafi in contempt of parliament, the HRPP filed a lawsuit against the decision. The order arose following a formal complaint by deputy prime minister Tuala Iosefo Ponifasio. Tuilaʻepa claimed that his permanent suspension violated the terms of the ‘Harmony Agreement’ signed by his party and FAST, which sought a resolution to the constitutional crisis of 2021. Tuilaʻepa, who was absent from parliament when the suspension came into effect as he was in isolation following a trip to Ireland to attend the World Rugby Council meeting, stated his absence meant he could not defend himself, implying unfairness. In response, the chair of the privileges and ethics committee, Valasi Toogamaga Tafito, dismissed Tuilaʻepa's claims and highlighted the three-hour zoom call that the committee had with him.[103][104] Tuilaʻepa later accused prime minister Fiamē of being the "mastermind" behind his indefinite suspension and stated that "no secret can remain forever in a small society like Samoa, and eventually no leader can continue to hide forever whilst directing others to do her dirty bidding." Fiamē dismissed the claims as false.[105] Tuilaʻepa also claimed that FAST was conducting a "witch hunt" and alleged that the governing party behaved as if they were in the opposition. He urged FAST to focus instead on "nation-building" and issues such as the COVID-19 pandemic, climate change and the effects of both on the Samoan economy.[7] On 30 August, the supreme court ruled the suspension to be unconstitutional.[106] He was reinstated on 13 September.[107]

The privileges and ethics committee subsequently reviewed Tuilaʻepa's case and recommended that he and Lealailepule be re-suspended without pay for 24 months. The legislative assembly then approved the committee's motion on 19 October, with all present FAST members and one from the HRPP voting for it.[108] Tuilaʻepa reacted by stating that he and Lealailepule would not resign from their seats, insisting, "if we resign, it will make it look like we did something wrong, and we are admitting it. But we know we did not do anything wrong..." The deputy prime minister demanded that Tuilaʻepa and the HRPP apologise for their actions in the constitutional crisis, but the opposition leader refused and said "why would we apologise when we did not do anything wrong? We only apologise to God which is what we had done, but never to them (FAST)".[109] One high-ranking Matai in Lepā affirmed that support for Tuilaʻepa in the constituency was high.[110]

On 4 July 2023 the Supreme Court ruled that Tuilaʻepa and Lealailepule's suspension was unconstitutional and void.[111]