46512-001: Promoting Economic Use of Customary Land, Phase III | Asian Development Bank

Samoa: Promoting Economic Use of Customary Land, Phase III

Sovereign (Public) Project | 46512-001 Status: Active

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

Project Details

Project Officer
Singh, Shiu Raj Pacific Department Request for information
Country
  • Samoa
Modality
  • Technical Assistance
Sector
  • Public sector management
 
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 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 (August 2017)

(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 are expected to be submitted to Parliament before the end of 2017. The TA is expected to close on 31 December 2017.

(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 (August 2017)

(i) To date, 12 community consultations and 2 with the banking sector have been held. Only two more community consultations and 1 more meeting of the legal working group remain to complete the schedule of public meetings under the consultation. There were 3 radio talk back shows and 3 TV programs to increase awareness of the community consultations being held where issues could be discussed in greater detail. Section 15 of the CLAC Act 2013 allows the mortgage of customary land leases.

(ii) A final report on consultations undertaken; and an analysis of the consultations from the TA will be finalized upon completion of all consultations and translations.

(iii) During consultation, everyone was encouraged to participate and people's concerns were discussed and documented. If the concerns have not already been addressed through the proposed legislative reforms they will be included in the revised documents and proposed legal framework, as appropriate.

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.

Procurement

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
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 13 Sep 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 527,059.02

Project Data Sheets (PDS) contain summary information on the project or program. Because the PDS is a work in progress, some information may not be included in its initial version but will be added as it becomes available. Information about proposed projects is tentative and indicative.

The Public Communications Policy (PCP) recognizes that transparency and accountability are essential to development effectiveness. It establishes the disclosure requirements for documents and information ADB produces or requires to be produced.

The Accountability Mechanism provides a forum where people adversely affected by ADB-assisted projects can voice and seek solutions to their problems and report alleged noncompliance of ADB's operational policies and procedures.

In preparing any country program or strategy, financing any project, or by making any designation of, or reference to, a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

Safeguard Documents See also: Safeguards

Safeguard documents provided at the time of project/facility approval may also be found in the list of linked documents provided with the Report and Recommendation of the President.

None currently available.

Evaluation Documents See also: Independent Evaluation

None currently available.

Related Publications

None currently available.


The Public Communications Policy (PCP) establishes the disclosure requirements for documents and information ADB produces or requires to be produced in its operations to facilitate stakeholder participation in ADB's decision-making. For more information, refer to the Safeguard Policy Statement, Operations Manual F1, and Operations Manual L3.

Requests for information may also be directed to the InfoUnit.

Tenders

No tenders for this project were found.

Contracts Awarded

No contracts awarded for this project were found

Procurement Plan

None currently available.