Source: Samoa Observer

Objecting to reforms that could lead to alienation of customary lands

A group of village chiefs filed an official complaint to the Asian Development Bank (A.D.B) yesterday. And they are adamant that if their grievances are not adequately addressed by the Bank, they are prepared to take the matter all the way to the International Human Rights Court.

Fiu Mata’ese Elisara, of Sili, Leuluaiali’i Tasi Malifa, of Afega, Telei’ai Dr. Sapa Saifaleupolu, of Samatau and Lilomaiava Ken Lameta, of Vaimoso and Safotu, are objecting to a series of A.D.B-backed reforms that could lead to the alienation of customary land.

According to a press statement issued by the group yesterday, they are gravely concerned that the reforms, which have been carried out “without meaningful consultation of Samoan people,” could have the effect of individualising control over land throughout the country, and ultimately placing large tracts of land in the hands of banks.

Lawyer, Leuluaiali’i Tasi reminded that the Constitution prohibits the alienation of customary land.

“While the Constitution allows customary land to be leased, it prohibits the alienation of customary land from its rightful owners – the entire aiga, including through a mortgage,” he said.

“The A.D.B-backed reforms violate the spirit and the letter of this fundamental Constitutional protection.”