[3][4] By signing the joint statement, Samoa has made a commitment to the international community that it recognises the particular challenges faced by LGBTI people when examined through a human rights lens, and undertaken that it will endeavour to end violence, criminal sanctions and related human-rights violations based on sexual orientation and gender identity.

A person is liable to imprisonment for a term not exceeding seven (7) years who: "Sodomy" was defined in the 2007 case of Police v Poi as meaning penetration of the male or female victim's anus by the offender's penis.

In August 2012, Prime Minister Tuilaepa Sailele Malielegaoi reportedly "scoffed" at the idea that Samoa would follow the lead of New Zealand in legalising same-sex marriage.

And Christian beliefs are against this type of behavior which the Bible states, was the reason for the curse that brought destruction on Gomorrah and Sodom.

"[19][20] In November 2017, a Samoan associate minister accused the United Nations of secretly promoting same-sex marriage in Samoa.

[22][23] The Samoa Fa'afafine Association opposed same-sex marriage in 2013,[24] and said in 2017 that it is not a priority as much as "the promotion of human rights and the reduction of discrimination and violence based on gender identity" is concerned.

[29] Article 20 of the law states as follows: A person must not discriminate, directly or indirectly, against an employee or an applicant for employment in any employment policies, procedures or practices on one or more arbitrary grounds, including ethnicity, race, colour, sex, gender, religion, political opinion, national extraction, sexual orientation, social origin, marital status, pregnancy, family responsibilities, real or perceived HIV status or disability.Crimes motivated by sexual orientation or gender identity are criminalised under Section 7(1)(h) of the Sentencing Act 2016 (Samoan: Tulafono o Faasalaga 2016).

[32] The Ombudsman's first National State of Human Rights Report, released in August 2015, referred to fa'afafine as "the third gender that has always existed in Samoa" and noted "their hard work and dedication to the family in carrying out both roles and responsibilities for men and women".

is an organisation designed to foster collaboration between the fa'afafine and the LGBT communities in Samoa, the Asia Pacific region and the world.

Conversion therapy has a negative effect on the lives of LGBT people, and can lead to low self-esteem, depression and suicide ideation.

[38] In the first cycle of the Universal Periodic Review, Samoa rejected three level 5 recommendations by Canada, France and Norway to act immediately to repeal all legal provisions criminalising sexual activity between consenting adults, and investigate discrimination based on sexual orientation and gender identity in order to fulfill its commitment to equality and non-discrimination.

[40] However, rejections these recommendations, it did accept a recommendation by the United States to continue its reconsideration of decriminalising same-sex sexual activity, with the UPR going on to state:[40] Samoa noted the gaps and weaknesses in its legislative framework on upholding equality and non-discrimination based on sexual orientation, and that relevant legislation was being reviewed by the Samoa Law Reform Commission.

Nonetheless, Samoa was confident that education, awareness and sensitisation would pave the way for societal acceptance and prevention of discrimination that might arise out of sexual orientation.The recommendations of the second cycle report reflect increased concerns surrounding the lack of LGBT rights for Samoan individuals, as nearly twice as many countries put forward actions for Samoa to consider, with countries such as New Zealand commending Samoa on its progress in increasing participation by women in Parliament and government leadership positions but noting that further work was required in the area of lesbian, gay, bisexual and transgender rights.

Decriminalising sexual activity of sodomy and the repeal of all provisions criminalizing homosexual relations are not possible at this time because of cultural sensitivities and Christian beliefs of the Samoan society.

[44] The establishment of the NHRI was met with worldwide approval as the Pacific Islands Forum Secretariat applauded the Government of Samoa for promoting public awareness of human rights and efforts to combat all forms of discrimination through proper reporting of alleged violations and better education.

[49][50][51][52] The move was criticised by human rights activists as "hypocritical", "ignorant" and" "selective morality", and was protested by the Samoa Fa'afafine Association.