Project Name Promoting Economic Use of Customary Land, Phase III
Project Number 46512-001
Country Samoa
Project Status Active
Project Type / Modality of Assistance Technical Assistance
Source of Funding / Amount
TA 8481-SAM: Promoting Economic Use of Customary Land, Phase III
Technical Assistance Special Fund US$ 400,000.00
TA 8481-SAM: Promoting Economic Use of Customary Land, Phase III (Supplementary)
Technical Assistance Special Fund US$ 150,000.00
TA 8481-SAM: Promoting Economic Use of Customary Land, Phase III (Supplementary)
Technical Assistance Special Fund US$ 100,000.00
Strategic Agendas Inclusive economic growth
Drivers of Change Governance and capacity development
Private sector development
Sector / Subsector

Public sector management - Economic affairs management

Gender Equity and Mainstreaming No gender elements
Description
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

Project Outcome

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.
Implementation Progress
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

- NGO's

- 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.

Geographical Location

Summary of Environmental and Social Aspects

Environmental Aspects
Involuntary Resettlement
Indigenous Peoples
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.

Business Opportunities

Consulting Services

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.

Procurement

Financed by ADB TASF V - US$400,000

Additional finance by ADB TASF V - US$150,000

Responsible Staff

Responsible ADB Officer Singh, Shiu Raj
Responsible ADB Department Pacific Department
Responsible ADB Division Pacific Subregional Office in Suva, Fiji
Executing Agencies
Ministry of Finance
Ministry of Finance
Government of Samoa
Private Bag, Apia, Samoa

Timetable

Concept Clearance 11 Jul 2013
Fact Finding 23 Jul 2013 to 26 Jul 2013
MRM -
Approval 10 Oct 2013
Last Review Mission -
Last PDS Update 23 Mar 2017

TA 8481-SAM

Milestones
Approval Signing Date Effectivity Date Closing
Original Revised Actual
10 Oct 2013 29 Oct 2013 29 Oct 2013 31 Dec 2016 31 Dec 2017 -
Financing Plan/TA Utilization Cumulative Disbursements
ADB Cofinancing Counterpart Total Date Amount
Gov Beneficiaries Project Sponsor Others
650,000.00 0.00 80,000.00 0.00 0.00 0.00 730,000.00 10 Oct 2013 465,702.06

 
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