Samoa: Promoting Economic Use of Customary Land, Phase III

Public sector management - Economic affairs management

1. Establishment of inclusive and consultative process for developing customary land policy

2. Customary Land Security bill

3. Registration process to formalize landowning groups

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.

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