The Samoa Solidarity International Group has taken their fight against laws affecting customary land in Samoa to the United Nations and are calling for consultation with villages and the repeal of the legislation.

The recommendation is highlighted in the S.S.I.G. submission to the United Nations Universal Periodic Review. 

In their submission, the S.S.I.G. alleges the Land Titles Registration Act 2008 (LTRA2008) breaches the Constitution under provisions on the alienation of customary land and rights to property. 

“Customary land rights of indigenous communities have been taken away by the State through the shroud of the LTRA 2008…” the group told UN in their submission. 

“…even though it does not specifically state that customary land can be subjected to sale-and-purchases similar to that of freehold land, it is the enforcement of the LTRA 2008 which eventuates to alienation of customary land.”

The group said the enforcement of LTRA2008 through lengthy leases administered by the Government deprives future generations of their rights to customary lands. 

The concern raised is that the lease arrangement is made between village leaders and non-villagers without the knowledge of other villagers who have rights over the customary lands.  

“Such leases can last for more than a human’s lifetime which means through the use of the LTRA 2008, intergenerational injustice has arisen depriving future customary landowners from access to their customary land.”

In their submission, the group has recommended that for any legislation similarly worded to the LTRA 2008 should be repealed. 

“Samoa is to abide by its constitutional obligation under Article 102, and 109 whereby a referendum must be conducted amongst its eligible voters to decide if any legislation or amendments to the Constitution contrary to customary land rights whereby there will be alienation of customary land should be passed,” the group recommended. 

Furthermore the group also reminded that Samoa adopted the UN Declaration on the Rights of Indigenous Peoples 2007 whereby “people should not be forcibly removed from their lands or territories”.  

The new Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) administration had highlighted reviewing legislation related to land including the LTRA2008 in its manifesto in the lead-up to the April poll. 

The previous government has strenuously denied claims that the legislation will alienate customary lands assuring that the traditional lands are protected under the Constitution and cannot be sold.

Former Attorney General, Lemalu Hermann Retzlaff has disputed claims that customary lands was under any legal threat. 

He noted the Constitution and Customary Land Act that protect the interest of families to the lands. 

Under article 102 of the Constitution it states “It shall not be lawful or competent for any person to make any alienation or disposition of customary land or of any interest in customary land, whether by way of sale, mortgage or otherwise howsoever, nor shall customary land or any interest therein be capable of being taken in execution or be assets for the payment of the debts of any person on his decease or insolvency”. 

The Customary Land Act also “protect families with interest in any customary land, mean that where any land is leased without proper consultation with all members of a family that have connection or claim to such land, those not consulted can object against the lease or license”. 

That objection is determined by the Land and Titles Court.