Samoa: Promoting Economic Use of Customary Land, Phase II

Sovereign Project | 41173-012

Summary

The TA will support the economic development of customary land with a continued emphasis on leasing and exploring options for customary land development by landowners. The TA will support the implementation of three priority areas identified in the PIP: (i) national coordination of customary land stakeholders, (ii) capacity building to support customary land administration reforms, and (iii) effective community advocacy. The Government will implement reforms in the remaining PIP areas, either through budget support or in collaboration with other development partners.

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Project Name Promoting Economic Use of Customary Land, Phase II
Project Number 41173-012
Country Samoa
Project Status Closed
Project Type / Modality of Assistance Technical Assistance
Source of Funding / Amount
TA 7387-SAM: Promoting Economic Use of Customary Land, Phase II
Technical Assistance Special Fund US$ 500,000.00
Strategic Agendas Inclusive economic growth
Drivers of Change Governance and capacity development
Private sector development
Sector / Subsector Public sector management - Economic affairs management - Public administration
Gender Equity and Mainstreaming
Description The TA will support the economic development of customary land with a continued emphasis on leasing and exploring options for customary land development by landowners. The TA will support the implementation of three priority areas identified in the PIP: (i) national coordination of customary land stakeholders, (ii) capacity building to support customary land administration reforms, and (iii) effective community advocacy. The Government will implement reforms in the remaining PIP areas, either through budget support or in collaboration with other development partners.
Project Rationale and Linkage to Country/Regional Strategy

ADB's Country Partnership Strategy (CPS) for Samoa is aligned with the Strategy for the Development of Samoa (SDS) 2008-2012 and supports its goals through interventions targeting (i) improved delivery of public services, including the removal of infrastructure constraints; and (ii) promotion of private sector development. The need for reform of the means for economic use of customary land has been, and continues to be, a high priority for the Government of Samoa. The SDS 2008-2012 sets out the Government's National Vision "For every Samoan to achieve a better quality of life" to be achieved through three priority areas: Priority Area 1: Economic Policies; Priority Area 2: Social Policies; and Priority Area 3: Public Sector Management and Environmental Sustainability. Strategies under Priority Area 3 are aimed at achieving: (i) improved governance; and (ii) environmental sustainability and disaster risk reduction. Under the category of plans relating to the Business Legal and Regulatory Environment, the SDS sets out these aims: (i) increasing access to customary land in light of the deliberations of the Lease of Customary Land Task Force ; (ii) enforcing the Land Titles Registration Bill; and (iii) improving the management of land leases.

The proposed CDTA will build on preliminary work of previous ADB TAs. The customary land reforms will implement recommendations made under TA4712-SAM: Promoting Economic Use of Customary Land. It follows on from important exploratory work done under Component 4 of L1785-SAM Small Business Development Project and the associated TA3549-SAM: Capacity Building of Financial and Business Intermediaries which aimed to "improve the policy and legislative environment for small business development". Cabinet endorsed 6 areas identified in the Program Implementation Plan (PIP) prepared under TA4712-SAM as follows: (i) National Coordination of Customary Land Stakeholders; (ii) Financing Development on Customary Land; (iii) Legislative Reforms; (iv) Capacity Building to Support Customary Land Administration Reforms; (v) Effective Community Advocacy; and (vi) Monitoring and Evaluation. The CDTA will support the implementation of priorities identified by the Government in areas (i), (iv) and (v) which includes the establishment of a Customary Land Advisory Commission (CLAC), set up of a 'one stop shop' for customary land matters, development of a database of leased and leasable lands and eventually registry of all customary land, and effective community advocacy. The Government will implement the remaining areas either through budget support or in collaboration with other development partners.

The establishment of an effective CLAC is a necessary condition to achieving the outcome of the CDTA. In April 2009, Cabinet approved the establishment of the CLAC to (i) advise the Government on customary land reforms, (ii) lead the implementation of activities which promote the economic use of customary land, and (iii) coordinate all customary land stakeholders. The PIP sets out details of how to operationalize CLAC which will be supported by a Secretariat also to be established. Cabinet has also approved the proposed budget, to be co-financed by the Government through budgetary support and development partners.

Impact Private sector led economic growth that is more equitable and sustainable.
Project Outcome
Description of Outcome An improved customary land leasing framework.
Progress Toward Outcome TA implementation is progressing slowly. There is need to identify additional resources to fund inputs of a Legal Adviser, to provide legal advice and draft legislation for the formation of the Customary Land Advisory Commission. Implementation will pick up pace once Cabinet has approved the structure and mandate of CLAC.
Implementation Progress
Description of Project Outputs

1. Customary Land Advisory Commission established and operational.

2. CLAC secretariat effectively coordinates and manages project implementation.

3. One-stop shop established and operational.

4. Database of leasable land functioning and used widely.

5. Effective community advocacy.

Status of Implementation Progress (Outputs, Activities, and Issues) Inception Report finalised and approved in Dec 2010. Future TA implementation will be guided by the inception report. Formation of a Customary Land Advisory Commission is pending on recruitment and mobilization of a Legal Adviser to provide legal advice and draft legislation for the the formation of the Commission.
Geographical Location National
Summary of Environmental and Social Aspects
Environmental Aspects
Involuntary Resettlement
Indigenous Peoples
Stakeholder Communication, Participation, and Consultation
During Project Design This TA is a follow on TA from the phase 1 TA4712-SAM. A lot of stakeholder and public consultations were held under the phase one which lead to the design of this phase 2 TA. Consultations were again held with the stakeholders during the design of this TA.
During Project Implementation Ongoing consultatiions are being held with the Government and other stakeholders as the TA implementation progresses. The TA resources also provide for formal workshops and seminars for awareness and consultations with the stakeholders.
Business Opportunities
Consulting Services The TA will be implemented over a period of 3 years, from January 2010 to December 2012. The longer time frame will allow for proper reporting back and consideration by the CLAC, and in some cases Cabinet, of progress at various stages of implementation. ADB will engage international and domestic consultants through a firm using a quality- and-cost-based selection method, after seeking simplified technical proposals. The consultants will be engaged according to ADB's Guidelines on the Use of Consultants (2007, as amended from time to time). Central to the consulting inputs will be the program coordinator/team leader, a national consultant position for 15 person-months, intermittent, to work with the executing agency and the CLAC and support the agreed coordination process to ensure full implementation and careful monitoring of the TA. This will be supplemented by a pool of short-term international and national experts in land information management, capacity building, and public administration. The proposed pool of consultants will provide 42 person-months of consulting services comprising 6 person-months of international and 21 person-months of national consultants (in addition to the 15 person-months for the team leader), to carry out the activities as defined in the terms of reference (Appendix 3). The proceeds of the TA will be disbursed in line with ADB's Technical Assistance Disbursement Handbook.
Procurement N/A
Responsible ADB Officer Malie Lototele
Responsible ADB Department Pacific Department
Responsible ADB Division Pacific Subregional Office in Suva, Fiji
Executing Agencies
Ministry of FinanceMr Iulai Laveaiulai.lavea@mof.gov.wsMinistry of Finance P. O. Box 30017 Apia Samoa
Timetable
Concept Clearance 24 Jul 2009
Fact Finding 23 Jun 2009 to 26 Jun 2009
MRM -
Approval 23 Nov 2009
Last Review Mission -
PDS Creation Date 27 Jul 2009
Last PDS Update 02 Sep 2011

TA 7387-SAM

Milestones
Approval Signing Date Effectivity Date Closing
Original Revised Actual
23 Nov 2009 29 Jan 2010 29 Jan 2010 31 Dec 2012 30 Sep 2013 -
Financing Plan/TA Utilization Cumulative Disbursements
ADB Cofinancing Counterpart Total Date Amount
Gov Beneficiaries Project Sponsor Others
500,000.00 0.00 125,000.00 0.00 0.00 0.00 625,000.00 23 Nov 2009 481,963.62

Safeguard Documents

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Evaluation Documents

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