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FrontPage arrow The News arrow Politics arrow Government Cannot Sell Samoan Customary Lands
Government Cannot Sell Samoan Customary Lands PDF Print E-mail
Written by Special Correspondent   
Monday, 25 February 2008


There have been a number of queries on whether Government can on its own allow Samoan customary lands to be sold or alienated. The Government Special Committee working on the consultations with the general public to find ways to improve the use of customary lands has been clarifying the constitutional provisions on alienation of Samoan customary lands

The Samoan constitution is clear on the matter.

Article 102 of the Samoan Constitution prohibits the alienation of Samoan customary lands. Whilst all other parts of the Samoan Constitution could be amended by a two thirds majority of Parliament, Article 109 stipulates that Article 102 can only be amended by a vote of at least two thirds of valid votes casted in a national referendum based on the electoral rolls.

Therefore neither Government nor Parliament on their own can sell or in any way alienate Samoan customary lands as stipulated in the Samoan constitution.Samoan customary lands can only to allowed to be sold or alienated if two thirds of the country vote in favour of such a reform in a formal national referendum




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Comments (6)Add Comment
It's nearly pay back time fot Samoa!
written by samoafella, February 25, 2008
Lets step very carefully here becaues depending on who the elect government is.......could easily change the law and or legislate that traditional lands can be sold by the government...............We're moving inot serious territory here because this is where the shite all hits the fan!! Remember all the millions and millions of dollars we get from places like china, australia and NZ, well. .......... What do you think they would like to see if they had their way? ......... Your'e getting there Samoalive!
Yes ! keep Samoan lands in Samoan hands!!!!!!
written by Ben Tili, February 25, 2008
Upon reading the article that the GOVERNMENTcannot sell COmmunal /customary lands unless passed by 2/3 of the people of Samoa on a referendum will surely keep our sacred lands where they belong - our families. The essence of our existence is tied to our lands - o tatou laueleele na galue ai tatou tuaa. We must keep our lands safe for our future generations to possess and pass on to their children. Without it our lands - Samoa would become another HAWAII. A people with no lands. Even the Jews wandered aroung the world but kept that dream through a prayer they still recite.... next year in Jerusalem... Well in 1948 Israel once again claimed its sovereignty. We don't want to lose our lands within 20 years and struggle another 2000 years to fight for it back. Ia tumau pea laueleele a Samoa i tagata Samoa!!!
What is the motive?
written by MUS, February 25, 2008
It is sad to learn that government is pushing this issue to be effected now when in fact this was the same issue raised in the HRPP caucus about 16 years ago at the time of late Hon Sefuiva Sione as Minister of Lands and Survey. Is there a burning motive behind this? Everyone has seen on TV what is happening around the world because of land and not to mention in your backyard in NZ is an ongoing saga about Maori land compensation deal still an ongoing headache. Is that what Samoa is heading towards? Can’t we learn from that type of experience?

Wake up Samoa....
TALOFA LO'U ATUNU'U, SAMOA,
written by Asomaliu Finau Emosi, February 26, 2008
"SAMOAN LANDS NOT FOR SALE"
Australia and New Zealand join forces in the interests of "The Pacific Islands"
written by Samoan fella, February 26, 2008
I will openly admit I am a conspiracy theorist and support the iedea of secret governements and will alway present the question,,"Who is really in power" Without having to reveal too much too soon you can be sure that NZ and OZ are looking at establishing themselves as protectors, overseers or what ever you want to call them, over the Pacific Island Nations. This has been in the pipeline for some time and now slowly but surely economic ties with the USA crumbling economy and China's interest, (historically) and now the EU looking at becoming involved in our culture. Our upgrading and progress comes at a cost so we are able to fit into the New World order.......promised many moons ago and reliant on a complex plan of symbols, secret societies and more!......The training of our Samoan Police force by the Australians.....hmmmmm.....who's obligated allegiance will be to ..... Samoa or Australia??

Samoa you are heading into the big mans world where fine mats, matai title and mana will cease to have any say on what the future brings!!'

Start rising up as our forefathers had and get prepared! I am!! Our land will be for sale and it will be the law and legislation that changes that will make it all possible. Keep an eye out for it!!

God Bless

The Samoan Fella
Hillarious
written by Faiumu, February 27, 2008
Why does this news website bring out all the loonies? I think 'Samoan fella' has been smoking too much of Faleasiu's plantation produce.

I suspect that even if the Constitution is changed by a 2/3rds of parliamentary majority and Samoan customary land is liable for leasing, that there is still a Common Law right for indigenous peoples to still claim legal ownership of their lands. This common law right goes right back to Magna Carta and is a basic right of anybody living under the Westminster legal system which Samoa operates under.

Therefore, even if the constitution is changed, there is a fundamental common law right for aboriginal (indigenous) ownership of lands.

If that doesn't work, then there is also Article 15 of the Constitution which prevents parliament passing discriminatory legislation. The alienation of customary lands would be discriminatory to the rural areas on the basis of place of birth.

Don't quote me on the above, I ain't no legal expert. Just a net surfer lol

However, I seriously doubt the govt would do anything which will danger their electorate seats in the rural areas. Apart from the two afakasi seats and the mostly urban seat of Vaimauga, most of parliament is controlled by the rural areas. The govt relies on the rural areas to remain in power. If the rural areas revolt, its all over for the govt.

This is why I reckon the govt won't budge over the RHD law unless the majority of its rural MPs report mass disatisfaction in the rural areas which could endanger their rural powerbase at the next election.

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Last Updated ( Monday, 25 February 2008 )
 
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