Samoa
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Unclear restrictions - it is not clear to what extent restrictions apply.
Restrictions on entry to Samoa
Sources are mixed on whether Samoa imposes entry restrictions on people living with HIV.
UNAIDS does not report any HIV-related restrictions on entry to Samoa.
However, the US Department of State reports that some HIV/AIDS entry restrictions exist for visitors to, and foreign residents of, Samoa. Visitors indicating they have tested HIV positive will be subject to questioning by a health professional upon entry.
Among the entry requirements into Samoa established by the Ministry of Foreign Affairs, all visitors should have no health problems that would pose a risk to Samoa. However, we found no evidence of a particular form or characteristics of a health certificate.
Restrictions on short-term stay in Samoa
It is unclear whether Samoa imposes restrictions on short-term stay of people living with HIV.
According to UNAIDS, Samoa requires HIV testing for work and study visas.
The Ministry of Commerce, Industry and Labour lists the documentation that should be provided to apply for a Foreign Employee Employment Permit (FEEP). Among others, business and domestic work permits require ‘a medical clearance report from: 1. A Samoan medical practitioner, and/or 2. A valid medical clearance from an overseas practitioner.’ It is not clear if this would require HIV testing.
Restrictions on long-term stay in Samoa
It is unclear whether Samoa imposes restrictions on short-term stay of people living with HIV
According to UNAIDS, Samoa requires HIV testing for residency permits and denies these on the basis of HIV status.
According to the Labour and Employment Relations Act 2013, persons applying for an employment permit from three (3) months up to two (2) years in Samoa, must provide a medical clearance report from a medical practitioner. The medical clearance report must be dated no more than six (6) months. There is no clear indication if HIV testing is included in this clearance.
The Temporary Resident Permit Application Form for Extension of Stay in Samoa contains fields to self disclose any communicable disease, and requires a medial report which should include physical examination, blood tests and x-rays. Furthermore, as detailed in section 16 of the Immigration Act 2004 ‘a medical examination may include a requirement for the person to provide samples of the person’s bodily tissue or other biological material.’
The Application for Permanent Residency Permits in Samoa includes ‘health’ among the criteria to obtain the permanent residency permit.
Citizenship by Investment is the granting of citizenship status to an individual (and immediate family members) contingent upon a specified and quantifiable investment in Samoa. This scheme is administered by the Ministry of Commerce, Industry and Labour under the provisions of the Citizenship Investment Act 2016 and its Regulations 2016. It requires doctor’s reports on full medical examinations of the investor and any family members.
According to the Citizenship Act 2004 among the criteria to obtain the Citizenship by permanent residence and citizenship by marriage to a Samoan citizen the applicant should be ‘of good health and character’ among other requirements.
Treatment access in Samoa
The following summarises available information on access to healthcare for people living with HIV in Samoa. However, it is not clear whether non-nationals are able to access this treatment in the same way as nationals.
Samoa has two main hospitals (one in Apia and another on Savaii Island) and 11 rural health facilities comprising 6 rural district hospitals and 5 community health centres.
Treatment is managed through the Communicable Disease Clinic located in TTM Hospital, Moto’otua, in Apia.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
There is no known HIV criminalisation in Samoa. We are not aware of any HIV-specific criminal laws in force, and there have been no reported prosecutions for alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws.
Visit the Samoa page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
UNAIDS Global AIDS monitoring data
This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.
Migrant populations
Laws/policies enable documented migrants to access HIV services under the same conditions as citizens | N/A |
Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens | N/A |
Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
Migrants are able to access HIV services | N/A |
Refugees and asylum seekers
Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens | N/A |
Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
Laws/policies enable refugees to access HIV services under the same conditions as citizens | N/A |
Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | N/A |
This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.