customary land

ADB President Takehiko Nakao is in Samoa for a three day visit.

Both the Samoa government and the ADB have been criticised for promoting the economic use of customary land and the creation of a more structured registration system of title.

This culminated with legal action against the Prime Minister Tuila'epa Sa'ilele Malielegaoi over the Government's Land Titles Registration Act.

But Mr Nakao said the ADB did not want to infringe on the rights of land owners.

During his weekly radio interview, Tuila'epa Sa'ilele Malielegaoi said the former head of state, Tui Atua Tupua Tamasese, must have been misled by people who took part in the protest against the Land Registration Act passed in 2008.

He said since the constitution was approved before independence, section 102 still maintained its legal strength not to allow the sale or mortgage of customary lands.

The prime minister also dismissed suggestions for outsiders with legal knowledge to review the same section of the constitution.

Last month, Samoa's former head of state, Tui Atua Tupua Tamasese Efi, said ambiguity in article 102 of the constitution was leading to customary land being alienated.

He called for legal minds to come together to address the problem.

But the O Le Siosiomaga Society said Tui Atua's statement was puzzling.

The NGO's chief executive, Fiu Mataese Elisara, said he was unable to trust any suggestion that solving the customary land issue should be through legal experts or the courts.

Tui Atua Tupua Tamasese Efi has confirmed claims that customary lands are being alienated as a result of a law passed during his tenure.

The former head of state reminded people about their inherited connection to the land.

He admitted that the wording of an article in the Land Titles Registration Act 2008 was ambiguous and left room for exploitation.

He talked about his fear about the demise of customary lands and wondered what had happened to the love that Samoa's ancestors had to preserve what makes Samoans unique as a people.

Telei'ai Lagipoiva Dr Lalotoa Mulitalo Seumanutafa said the Lands and Titles Registration Act 2008 states the alienation of customary land is prohibited.

She said the Customary Land Lease Registry shows that in 80 percent of Samoa's customary land, only 1-point-5 percent is under a customary lease.

Telei'ai recently raised the subject at a conference held in New Zealand recently.

Photo supplied.Caption: Samoa Law Reform Commission CEO, Telei'ai Lagipoiva Dr Lalotoa Mulitalo Seumanutafa  

The Samoa Solidarity International Group said the Land Titles Registration Act 2008 alienates the rights of customary owners.

The group's Faleauto Taua said a notice of opposition would be presented to the Prime Minister next week.

Mr Taua said the law changes property in Samoa.

The decision by the council of Siumu district on Upolu gained the support of all local business people and has now been registered in the office of the Lands and Titles court at Mulinu'u.

The move follows ongoing discussions within the village of council of Salelologa district on Savai'i who are considering a ban on all new Chinese businesses on customary land.

Siumu village chief Tuu'u Asofa'ase'e told RNZ, the decision was made to protect future business prospects for locals.

Autagavaia said locals agree with the reasons behind the ban.