|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 consideredthe proposed institutional fframework 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)||
The TA in consultation with the LWG drafted changes to the legal framework, The TA will further consult stakeholders on the proposed changes.
A consultation strategy has been developed. The TA is preparing to implement the strategy.
The Consultation Strategy (CS) has been endorsed by CLAC and the MNRE and is scheduled to be launched in October. The launch activities involve media coverage through TV, local newspapers; development of brochures and website; and wide consultations with the communities, government and private sector.
Legislative drafting will be done from October through to December and it will be decided by the Attorney General's office whether to amend existing or have entirely new legislation. It is of the understanding that legislation will enhance rights and not undermine existing rights of landowners. It was also recommended by the legal specialist of the TA to engage a banking specialist following Section 15 of the CLAC Act which allows the mortgage of customary land leases. However, commercial banks are yet to take advantage of this because of the different legal interpretations of Section 102 of the Constitution of Samoa; Section 4 of the Alienation of Customary Land Act, 1965; and Section 15 of the CLAC Act, 2013.
The project will combine the roles of the coordinator and communications specialist.
|Stakeholder Communication, Participation, and Consultation|
|During Project Design||This is the last phase and builds upon the success and the work undertaken under phases I & II. Comprehensive stakeholder consultation was undertaken in phases I & II. The design of this last phase was based on those consultations and further discussions with the government and various stakeholders during the country consultations to develop Samoa' Country Operation Business Plan (COBP) and the during factfinding mission.|
|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 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||30 Sep 2016|
|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|
|550,000.00||0.00||80,000.00||0.00||0.00||0.00||630,000.00||10 Oct 2013||398,761.45|