Samoa Party leader, Su’a Rimoni Ah Chong with party chairman Leta'a Devoe
The leader of the Samoa Party, Su’a Rimoni Ah Chong, yesterday drummed out a dire warning about the constitutional sanctity of traditional land, in danger of being snatched away by the proposed Government Land Reform Bill.
The former Chief Auditor cum political party leader, has warned that the land bill places ownership on the individual rather than the heirs of a family title.
“The emphasis of the bill is on the individual who holds the title when it should be the family who are collectively the true owners,” Su’a explained.
“The title holder is supposed to act only as a trustee for the family, the title and everything else are the properties of all the heirs to the family title, not the person as an individual.”
Su’a believes that the whole country is not fully aware of the constitutional rights of traditional ownership that is now at risk.
The proposed legislation is seen as based on the Torrence Land Registration System, and if passed by Parliament, it means the current holder of the title will have sole authority on the land.
“The title holder can make out a will giving ownership to his/her children who will in turn become the legal owners of the land.
‘All the other members of the larger extended family who are heirs to the matai title, are left out, this is what is set out in the Torrence Land Registration System.”
He also warned that under this same system, once the land is registered to an individual it becomes a matter for the civil courts to handle, and not the Lands and Titles Court where disputes of customary issues are heard.
Su’a’s warning however, may have come too late to stop the bill from going through the third and final reading, when and if it is raised when Parliament is again call to session, as expected next month.
He insists however there is still time for the country to publicly protest against the bill going through to become law.
“This is an issue that rightfully belongs to the people, as it is set out under section 102 of the constitution, where the sale or mortgaging of customary land is prohibited.
‘Under section 109 of the constitution as well it sets out clearly that a referendum will have to be called on any issue that involves the taking of customary lands.
“This is a matter for the people to decide, as spelled out clearly in the constitution, it does not say a vote by two thirds of the members in Parliament will change that.”
Su’a and the Samoa Party has issued an emotional written plea, calling on the country to protest against the Land Reform Bill, taking away the ownership of traditional properties that rightfully belongs to the people.
He accused the Government of lighting a fire that will bring chaos and uncertainty into the country, and be responsible for undermining the peace and stability in the families.
He recalled how his Samoa Party warned in their 1986 election manifesto, that ‘this same land issue will be brought up by Government if they return to power, but we were threatened with legal action by the Prime Minister….”
“Traditional land is where the Customs and Traditions of Samoa, Matai System, Family Unity and Heritage are all anchored, take that away and we will encourage greed, lies and the rights of heirs.”
Su’a believes in the need to utilize the largely undeveloped lands in the country, but wants a proper system of management to be in place first.
‘What is happening now will have our forefathers turning in their graves.”
The possibility of having family/customary lands - privitised (registered under an individuals name) is very frightening. This is not the Samoan way - family land are for the whole family to cultivate and live from - this is what kept our ancestors healthy and strong and we should not lose it today. There appears to be far too much corruption within the Samoan systems to allow only a few - the power to lease out family lands.
Samoa need to learn from the experience of indegenous people in other Westernised countries in the perils of the Westernised systems of privitisation. I had a Maori tutor describe the woes Maori people face today due to decisions that were made long ago regarding their lands in this way - when Maori people had plenty of land when the Europeans first arrived to New Zealand, they were very generous and allowed much of it to be exchanged. Today Maori people are in a serious struggle to re-claim their lands, alot of their lands have spiritual affliations to their peoples plus their ancestors.
Within the field of mental health there is reasearch claiming that cultural identity is a great advantage of maintaining or regaining wellness. Maori people have a similrity to Samoan in that lands is a pivotal tale of who you are - risking this treasure of identity (in all its avenues) is a rollercoaster surely only for the worst in the long run. Please also find reference in the experience of the Hawaii community in regards to land - identity and progression for indegenous people in the long run.
Yes surely - there maybe some quick financial gain to be made in the short term by some - however - what happens when family members want to return home to live in their family lands and there are non or limited available because some company has it leased. Also isn't there a question re: the leased person or company having some natural right to land ownership after 10 years of occupying the land?
I believe this bill is a risky move.
Filomena
Filomena
Peer Counselor/AFL-CIO written by ddavis,
May 04, 2008
What better way for the government to controll the Matai vote!?
Academic/Research Fellow written by Dr Alec Thornton,
May 13, 2008
I'd like to comment on the Land Reform Bill. I believe that, if it goes through, Samoa is stepping towards a slippery slope and the majority of Samoans will be the worse for it. I have conducted poverty and inequality-related research in Africa and the PICs, but Samoa struck me as very different. The distinguishing factor lies very much in the continuity of the Samoan land tenure system, which I attribute to the productive presence of Samoans in every aspect of society, the physical and mental health of its people and the cleanliness of the towns and rural areas.
Unlike other so-called 'developing' countries of the global South, Samoans are visibly active in every aspect of economic, social and political life. Samoans still maintain ownership of the factors of production, which is a different story in places such as South Africa, Cuba and Fiji, where foreign ownership reigns supreme and indigenous people assume the role of chambermaids and parking attendents, no longer affording the luxury of a meal in Aggie Grey's with tourists. Should it come to pass that factors of production in Samoa, specifically, land, become privatised, then Samoa's path to economic openess will see a wave of foreign suitors pouring through the floodgates and detrimentally alter economic, social, environmental and political life in Samoa.
A disturbing thought comes to mind of the road from Faleolo to Apia becoming the next Suva-Nausori corridor and Savai'i engulfed by foreign-owned exclusive upmarket resorts. Samoans disenfranchised from their family lands will have to sell their labour in a booming Apia (signal the rise of squatter settlements) or shanty towns in Savai'i, far removed from the fancy coastal resorts, yet at the service of its patrons (none of whom will be Samoan).
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Samoa need to learn from the experience of indegenous people in other Westernised countries in the perils of the Westernised systems of privitisation. I had a Maori tutor describe the woes Maori people face today due to decisions that were made long ago regarding their lands in this way - when Maori people had plenty of land when the Europeans first arrived to New Zealand, they were very generous and allowed much of it to be exchanged. Today Maori people are in a serious struggle to re-claim their lands, alot of their lands have spiritual affliations to their peoples plus their ancestors.
Within the field of mental health there is reasearch claiming that cultural identity is a great advantage of maintaining or regaining wellness. Maori people have a similrity to Samoan in that lands is a pivotal tale of who you are - risking this treasure of identity (in all its avenues) is a rollercoaster surely only for the worst in the long run. Please also find reference in the experience of the Hawaii community in regards to land - identity and progression for indegenous people in the long run.
Yes surely - there maybe some quick financial gain to be made in the short term by some - however - what happens when family members want to return home to live in their family lands and there are non or limited available because some company has it leased. Also isn't there a question re: the leased person or company having some natural right to land ownership after 10 years of occupying the land?
I believe this bill is a risky move.
Filomena
Filomena