|Project Name||Promoting Economic Use of Customary Land, Phase III|
|Project Type / Modality of Assistance||Technical Assistance
|Source of Funding / Amount||
|Strategic Agendas||Inclusive economic growth
|Drivers of Change||Governance and capacity development
Private sector development
|Sector / Subsector||
Public sector management - Economic affairs management
|Gender Equity and Mainstreaming||No gender elements|
|Project Rationale and Linkage to Country/Regional Strategy||The proposed TA will directly respond to key outcome 5 of the Strategy for the Development of Samoa(SDS) 2012-2016 which focuses on improving the enabling environment for business development. One of the strategic areas identified under this outcome is raising the efficiency and effectiveness of the public service to support the private sector and the community. ADB's Country Partnership Strategy (CPS) 2008-2012 supports SDS 2012-2016 by targeting (i) improved delivery of public services including the removal of infrastructure constraints and (ii) promotion of private sector development which directly links to key outcome 5 of the SDS|
|Impact||Improved access to credit for business investment|
|Description of Outcome||Use of customary land as collateral and organization of customary landowners into legal entities|
|Progress Toward Outcome||The Legal Working Group (LWG) has considered the proposed institutional framework that will allow (i) the use of leasehold as collateral and (ii) enable commercial banks to use those leasehold as collateral.|
|Description of Project Outputs||
1. Establishment of inclusive and consultative process for developing customary land policy
2. Customary Land Security bill
3. Registration process to formalize landowning groups
|Status of Implementation Progress (Outputs, Activities, and Issues)||
Legal Reform progress (February 2017)
i) All scoping and legislative drafting instructions have been substantially completed. The legal specialists have worked with the Legal Working Group. Issues Papers were prepared to identify key issues and to facilitate resolution of fundamental legal matters. These Papers relate to the Constitutional Issues, the Current Leasing Arrangements, Rights of Landowners, and Powers of Mortgagees. Fundamental Project Precepts were prepared for consideration and approval by the CLAC to highlight the protections that would be accorded to the rights and interest of landowners by the TA.
(ii) Legislative reforms are proposed to make comprehensive provision for issues related to the mortgaging of customary land leases.
(iii) Amendments required for the three relevant laws (the Alienation of Customary Land Act (ACL Act), the Land Titles Registration Act (LTR Act) and the Property Law Act (PL Act)have been fully scoped and the drafting instructions for all of these have been provided to the AGO for final drafting to be undertaken.
(iv) Protecting the rights of the customary landowners of leased customary lands has been a key focus of the legal work of the TA, and of the legislative reforms which the TA has assisted to scope, develop and draft.
Consultations progress (February 2017)
(i) A Consultation Strategy was developed and was endorsed by CLAC and the MNRE in August 2016. This was launched in October 2016 and activities involve raising awareness of consultations through TV, local newspapers; development of brochures and website; and wide consultations with the communities, government and private sector.
(ii) Consultation meetings from October 2016 to February 2017 include:
- Banking sector
- Government representatives ifrom Lands and Titles Court, Ministry of Women Community and Social Development (MWCSD),
- Private Sector
- Existing customary land lessees and lessors from Upolu and Savaii.
(iii) Implementation of the Consultation Strategy is ongoing and is the major focus of CLAC's work. All identified stakeholder groups will be consulted. Since the launch of the strategy, a total of 12 community consultation meetings have been held, covering over 230 villages, and including included about over 2,000 people. All identified stakeholder groups will also be consulted under the current strategy.
Consultations will continue from April 2017.
|Stakeholder Communication, Participation, and Consultation|
|During Project Design||This phase builds upon the work undertaken under phases I & II. Stakeholder consultations under phases I & II were the basis for the design of this last phase.|
|During Project Implementation||During project implementation, ADB will undertake review missions to consult with the major stakeholders progress of the TA. The review missions will discuss progress and the issues faced during implementation and ways to resolve those issues.|
Consulting Services will support the outputs of the TA and include individual consultants:
i) Program Coordinator (national, 10 person-months);
ii) Legal Specialist (international, 8 person-months); and
iii) Legal Specialist (national, 4 person-months).
Under additional finance: Engage independent experts to design and implement a consultation/ communication strategy and review foreclosure issues:
(i) A Consultation Design Specialist (3 person-months) which will cost $40,000.
(ii) Banking Specialist (International; 3 person-months) which will cost $40,000.
(iii) Consultation Facilitation Specialist (6 person-months) which will cost $50,000.
Other additional costs include $10,000 for reports and consultation materials; $5,000 for training seminars and workshops; and $5,000 for miscellaneous and administration cost.
Financed by ADB TASF V - US$400,000
Additional finance by ADB TASF V - US$150,000
|Responsible ADB Officer||Singh, Shiu Raj|
|Responsible ADB Department||Pacific Department|
|Responsible ADB Division||Pacific Subregional Office in Suva, Fiji|
Ministry of Finance
Ministry of Finance
Government of Samoa
Private Bag, Apia, Samoa
|Concept Clearance||11 Jul 2013|
|Fact Finding||23 Jul 2013 to 26 Jul 2013|
|Approval||10 Oct 2013|
|Last Review Mission||-|
|Last PDS Update||23 Mar 2017|
|Approval||Signing Date||Effectivity Date||Closing|
|10 Oct 2013||29 Oct 2013||29 Oct 2013||31 Dec 2016||31 Dec 2017||-|
|Financing Plan/TA Utilization||Cumulative Disbursements|
|650,000.00||0.00||80,000.00||0.00||0.00||0.00||730,000.00||10 Oct 2013||465,702.06|