Samoa : Promoting Economic Use of Customary Land, Phase III

Sovereign Project | 46512-001

Project Name Promoting Economic Use of Customary Land, Phase III
Project Number 46512-001
Country / Economy Samoa
Project Status Closed
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 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


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 met regularly and 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

(i)The AGO have produced draft of amendments to the LTRA 2008 and the ACLA 1965 as per drafting instructions developed by the project team. These drafting instructions will be amended if required as a result of any new issues raised during consultations.

(ii) Aside from any changes to proposed reforms that may arise from the ongoing analyses of feedback from consultations, work on legislative reforms are substantially complete.

(iii)Proposed legislative changes were submitted to Parliament before the end of 2017. The TA closed on 31 December 2017 and is awaiting financial closure.

(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

(i)All planned community consultations have been held. There were radio talk back shows and TV programs to increase awareness of the community consultations being held where issues could be discussed in greater detail.

(ii)A final report on consultations undertaken is being considered by government.

Geographical Location Nation-wide
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.


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 (SPSO)
Executing Agencies
Ministry of Finance
Concept Clearance 11 Jul 2013
Fact Finding 23 Jul 2013 to 26 Jul 2013
Approval 10 Oct 2013
Last Review Mission -
Last PDS Update 21 Mar 2018

TA 8481-SAM

Approval Signing Date Effectivity Date Closing
Original Revised Actual
10 Oct 2013 29 Oct 2013 29 Oct 2013 31 Dec 2016 31 Dec 2017 17 Jul 2018
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 17 Jun 2022 569,410.20

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Safeguard Documents See also: Safeguards
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Evaluation Documents See also: Independent Evaluation

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Related Publications

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Procurement Plan

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