Principle 1
Recognise hierarchy and titles
- Greet and address matai and elders with appropriate titles and deference.
- Accept that their views carry particular weight and may shape what is considered an acceptable outcome.
American Samoa • U.S. Territory
The Two Rivers of Justice in American Samoa
American Samoa is governed by two powerful systems: Fa'aSamoa, the Samoan way of life centred on aiga and matai leadership, and a U.S.-derived legal framework with courts, statutes and ADR processes. Understanding their interaction is essential for anyone working with Samoan communities, at home or in diaspora.
Video overview
Justice in American Samoa: Fa'aSamoa and the State
This short film, Justice in American Samoa, introduces the dual system of Fa'aSamoa and the American legal framework, using the metaphor of two rivers of justice. It is a useful starting point for mediators, lawyers and policy makers before engaging deeply with the written materials.
1. Overview
A dual system: U.S. law meets Fa'aSamoa
American Samoa is an unorganized, unincorporated territory of the United States. Politically it operates under a written constitution, elected governor and Fono; socially it is ordered by Fa'aSamoa, the Samoan way of life, centred on aiga (extended families) and matai (chiefs). Together they create a hybrid, plural legal environment.
The report emphasises that for many Samoans, identity and responsibility are framed first in relation to their aiga and village, not an abstract state. Authority is earned through service (tautua) and expressed through chiefly titles (pule). Conflict resolution is therefore less about individual rights and more about protecting relational space and communal honour.
The formal system – High Court, District Court, Village Courts and the American Samoa Code Annotated – overlays this customary world rather than displacing it. Courts and statutes formally recognise Samoan custom in key domains, especially land, titles and village governance.
Working assumption: any dispute involving a Samoan party is likely to
be embedded simultaneously in Fa'aSamoa obligations and in state law. Effective
practice requires fluency in both.
Figure 1. American Samoa in the Samoa Archipelago, with two
intertwined systems of authority: Fa'aSamoa and the U.S.-derived state.
2. Cultural foundations
Aiga, matai and the sacred relational space – the va
Traditional conflict resolution in American Samoa is inseparable from the social structure of Fa'aSamoa. The aiga and matai system organise authority, and the goal of any process is to restore the va – the sacred relational space between people and families.
The aiga is the foundational unit of society: a corporate kin group whose well-being and honour outweigh individual wishes. Matai, selected for wisdom and decades of service, lead their aiga and represent them in the village fono (council). Two main types of matai titles are recognised: ali‘i (high chief) and tulafale (orator or talking chief).
Conflict is understood as a breach of the va (toia le va), not simply a wrong between isolated individuals. Resolution processes therefore aim at repairing that space, reaffirming hierarchy and renewing obligations between families.
- The path to authority (pule) is service (tautua), not self-assertion.
- The unit of concern is the aiga and village, not the autonomous individual.
- Harmony and restored relationships are the primary measures of justice.
Figure 2. Aiga and matai as the twin pillars of Fa'aSamoa, with a
kinship responsibility map showing the reach of obligations.
3. Fa'aSamoa justice mechanisms
Fono deliberations, atonement rituals and restorative sanctions
Customary mechanisms range from village fono deliberations for everyday matters to the profound atonement ritual of the ifoga for grave offences. All are designed to restore harmony and prevent retaliation.
The village council (Fono Ali‘i ma Faipule) is the primary deliberative and judicial body, composed of matai from each aiga. It makes village rules, adjudicates disputes and imposes sanctions (sala) such as fines in pigs or money, communal feasts for the whole village, or in extreme cases banishment.
The ifoga is a highly ritualised ceremony of atonement used for offences such as serious assault or bloodshed. The offender’s family, led by their chief, kneels covered by a fine mat in front of the victim’s family, publicly expressing shame, remorse and a plea for forgiveness. Acceptance of the ifoga halts cycles of vengeance and symbolically repairs the va.
Enforcement lies with the aumaga, the untitled men of the village, who act under matai authority. Tamaitai (daughters of high chiefs) may play respected roles as peacemakers, leveraging their status to broker reconciliation.
Figure 3. Customary justice: village fono deliberations, the ifoga
ceremony and restorative sanctions aimed at healing the va.
4. State system
American-style courts adapted to protect Fa'aSamoa
The formal legal system mirrors U.S. structures, but key institutions and statutes deliberately embed and protect Samoan custom, especially over land and titles.
American Samoa’s constitution provides for a locally elected Governor and bicameral Fono. The U.S. Secretary of the Interior retains authority to appoint the Chief Justice of the High Court, reflecting ongoing U.S. oversight.
The High Court comprises Trial, Appellate and Land & Titles Divisions. The Land & Titles Division has exclusive jurisdiction over customary land and matai title disputes and must apply “Samoan custom and usage”, making it a key bridge between state law and Fa'aSamoa. District and Village Courts handle misdemeanours and local matters; village benches include matai as judges.
The American Samoa Code Annotated codifies local law. Provisions such as limits on alienation of Samoan land (e.g. judgments generally cannot force sale of customary land) explicitly protect communal ownership. As a U.S. territory, American Samoa also has access to formal ADR – including mediation, facilitation and arbitration – modelled on U.S. federal practice.
Figure 4. The formal river of justice: American-style courts and
statutes, adapted to incorporate Samoan custom in land, titles and local courts.
5. Two pathways
Legal pluralism in action: customary track and state track
The infographic depicts two tracks for resolving serious disputes: Track 1, the customary pathway through Fa'aSamoa, and Track 2, the state pathway through U.S. law and ADR. At key points, the tracks intersect and influence each other.
Figure 5. The Two Rivers of Justice in American Samoa: Fa'aSamoa
and U.S. ADR flowing in parallel, with a conflict-resolution flowchart showing
points of intersection.
Track 1 Fa'aSamoa pathway
In the customary track, an offence is understood as a violation of the va. Chiefs meet in fono to deliberate, and families may pursue the ifoga ritual. Decisions focus on atonement, apology and relational repair, with community-level consequences if reconciliation fails (e.g. heightened risk of retaliation or long-term estrangement).
The core principle is maintaining the va: restoring the sacred relational space between families and reaffirming hierarchies that provide order.
Track 2 State / ADR pathway
In the state track, offences are reported to police, then progress through investigation, charging, ADR referral and, if unresolved, trial and sentencing. A neutral mediator may be appointed under U.S. ADR models to facilitate a confidential, voluntary settlement.
Here the core principle is individual rights and voluntary agreement. The focus is on the offender as an individual legal subject, not on the aiga as the primary unit of responsibility.
6. Comparison
Fa'aSamoa customary resolution and U.S./Western mediation
The report contrasts Samoan customary practices with Western/U.S. mediation models. Both aim to manage conflict, but they rest on very different assumptions about individuals, community and justice.
| Feature | Fa'aSamoa customary system | U.S. / Western mediation model |
|---|---|---|
| Core values | Collective harmony; restoration of the va; honour of the aiga; respect for hierarchy and tradition. | Individual autonomy; self-determination; reaching a voluntary, mutually beneficial and legally enforceable agreement. |
| Role of third parties | Authoritative, directive figures (matai and village fono) representing community interests and able to impose sanctions or outcomes. | Neutral, impartial facilitator without decision-making power; manages process but does not dictate outcome. |
| Formality & process | Structured, often public and ritualised (fono deliberations, ifoga); strong emphasis on ceremony and symbolism. | Confidential, voluntary and relatively informal; staged process (opening, exploration, private caucuses, agreement drafting). |
| Key principles | Public apology, communal reconciliation, restoration of honour and adherence to hierarchy; family as the primary unit. | Confidentiality, mediator neutrality, voluntariness and procedural fairness for individual parties. |
| Communication style | Often indirect and ceremonial; orators (tulafale) speak on behalf of high chiefs; direct confrontation is avoided to prevent loss of face (maasiasi). | Encourages direct, face-to-face negotiation between parties, with the mediator guiding constructive dialogue. |
| Outcome formation | Authority-based decisions from the fono, restorative acts such as ifoga, and community-driven solutions that reaffirm social order and repair relational breaches. | Privately negotiated, written settlement agreements determined by the parties; typically legally binding. |
7. Practice guidance
Working with people from American Samoa: adapting mediation practice
For external mediators, effectiveness depends less on importing a standard model and more on cultural humility, situational awareness and process design that honours Fa'aSamoa.
Principle 2
See the aiga, not just the individual
- Assume that each participant represents a wider aiga whose consent is crucial.
- Allow time for consultation with family and, where appropriate, invite key decision-makers into the process.
Principle 3
Use indirect and narrative communication
- Avoid confrontational questioning that risks shaming participants.
- Make space for storytelling, metaphor and the use of spokespeople, especially orators and respected family members.
Principle 4
Blend processes respectfully
- Consider pre-mediation meetings with matai to design a culturally safe process.
- Where appropriate, integrate elements such as formal apologies or gestures of restitution alongside written agreements.
Principle 5
Protect the va while upholding safety
- Be attentive to the importance of maintaining relationships, but do not allow this to override safety for those experiencing harm.
- Work with local leaders to ensure that any use of ifoga or similar rituals does not silence victims’ voices or pressure them into unsafe reconciliation.
Principle 6
Co-construct the process
- Invite participants to help shape the process so that it fits both legal requirements and Fa'aSamoa.
- See yourself as a culturally sensitive facilitator rather than a purveyor of a fixed model.
8. Conclusion
Towards culturally grounded, hybrid justice
American Samoa offers a clear example of legal pluralism: ancient custom and modern American law woven together in a single, contested fabric of justice.
Fa'aSamoa remains the primary framework for social order, yet the formal system defines constitutional rights, statutory protections and eligibility for external support. Tension between collective village authority and individual rights – especially around banishment, curfews and the role of victims in reconciliation – will continue to test the relationship between the two rivers.
For practitioners, the lesson is not to choose one system over the other, but to learn to work with both: honouring the goals of restoring the va and community harmony while also safeguarding individual dignity and safety.
Done well, this work can help braid the rivers of Fa'aSamoa and state law into a more just and sustainable flow of practice for Samoan people, both in American Samoa and in diaspora communities abroad.
Figure 6. Towards a braided river of justice: holding Fa'aSamoa and
state law together without losing the strengths of either.