Project Number: TA 8481 SAM Promoting Economic Use of ... · too to the ADB Project coordinator and Legal Advisors of the ADB project team who informed and provided constructive feedback

I

Technical Assistance Consultant’s Report

Project Number: TA 8481 SAM

Promoting Economic Use of Customary Land, Phase III

August 2016

Communications & Consultation Strategy

Final Report

Prepared by Leitumai (Mai) Malaulau (Consultant)

For the ADB

.

2

Purpose

This paper reports against the ToR for the Consultation Design Specialist TA 8481 and presents the final

Communications and Consultation Strategy for Promoting the Economic Use of Customary Land, its

annexes and supporting documents.

Context

The Go e e t of Sa oa s de elop e t st ategies has o siste tly fo used o increasing economic and

social development opportunities for communities. The Government has targeted increased economic

use of customary land for economic development in full consideration of ecological and cultural

sustainability and as such reforms intend to facilitate this target and be relevant. The Government has

also ee lea that, o siste t ith Sa oa s Constitution and tradition, reforms cannot, and will not,

lead to the alienation of customary land. The Asian Development Bank (ADB) has supported Samoa

through technical assistance (TA).

The ADB s Economic Use of Customary Land TA has been ongoing since 2006. The TA

has assisted the Government to develop the legal and institutional framework needed to enhance the use

of customary land leases, allowed under Samoan law since 1965. Phases I and II, of the TA have been

implemented. Phase 1 supported public consultations, drafting of legislative changes and development of

a program, with six major components, to guide further reforms. Phase II of the TA supported national

coordination of customary land stakeholders, capacity building for administrative reforms and community

advocacy. Phase III, which is currently underway, will review laws relating to customary land through a

legal working group, and is intended to establish a leasing framework that will allow use of lease interest

in land as collateral. ADB is proposing to support the Samoan Government to consult the Samoan public

on the future direction of the reforms supported through ADB financed TA.1

A complaint made to the ADB by a group of four individual matai is a significant contextual factor for this

assignment. The complaint centered on the need for meaningful consultation on matters falling within

the purview of this project.

This TA has been tasked with the design of a public consultation strategy to ensure wide community

participation in the design of future legislative and policy reforms. This assignment builds on reforms

previously e do sed y Sa oa s Pa lia e t and the delivery of work under this TA is expected to be

impartial.

Problem Definition Few things are as important to Samoan people as their customary lands. There is little if any resistance

within Samoa to the Promotion of Economic Benefits from Customary Land however, much interest and

concern centers on how this happens, the implications for the people culture, environment and

constitutional protections now and into the future, and the accruing and apportioning of benefits.

1 ToR for TA8481

3

The complaint by four individual matai to ADB resulted in a decision to undertake work under this TA to

develop a communications and consultation strategy in order to transparently communicate and consult

with the people of Samoa, on policy and legislative proposals for promoting the economic benefits from

customary land, including mortgaging the leasehold interest on customary land.

Scope of Work

The assignment was expected to end in December 2015 (3 person-month, intermittent) however due to

a range of factors including the commencement date being delayed to February 2016, the end date was

extended to 31 August 2016. The following identifies tasks outlined in the ToR for TA8481 and associated

outputs

Tasks and related outputs

Task Outputs/Achievements

The specialist will meet with the project team to understand the

background and scope of the project. He/she will collate and review

all project experience, including grievances received by the ADB, and

stakeholder and community consultation activities undertaken over

the course of the project to identify gaps and inconsistencies that

need to be addressed when considering how best to undertake

consultations around the design of future reforms.

Document review

An assessment of possible

issues for targeting

communications and

determining possible gaps in

areas requiring

communication and

consultation (Annex 1).

Project related and

stakeholder meetings

a) Conduct Stakeholder Analysis

The specialist will conduct a stakeholder analysis to identify and map

key stakeholders. The specialist will use this to identify the most

appropriate channels to engage with the various stakeholder groups.

The assessment will also determine the resources required from the

MNRE and CLAC in implementing and supervising the stakeholder and

village community consultation activities, for which ADB can provide

additional support.

Stakeholder analysis and

map (Annex 2)

b) Develop Stakeholder Consultation Strategy

Based on the stakeholder analysis and in consideration of proposals

available, the specialist will develop a forward looking country-wide

Stakeholder Involvement and Public Consultation Strategy. The

strategy should include, but not be limited to: the means by which

information will be shared and disseminated with both external and

internal stakeholders; an outline of proposed participation and

consultation methodologies emphasizing two-way communication to

ensure stakeholder input into the design of reforms; including options

to improve the economic use of customary lands and detailing how

information is best shared with each stakeholder, and in what forms.

More specifically, the strategy should address the following four

questions:

Final Communications and

Consultation Strategy and annex

(Annex 3)

Summary of responses to key

issues (Annex 4)

Strategy costing/resourcing

(Annex 5)

4

(a) Who needs to be reached by the consultation strategy?

(b) How can they be effectively engaged in the consultation process?

(c) Which channels of two-way communication will be most effective?

(d) How will the consultation process be monitored and evaluated?

The specialist will ensure that the strategy and all planned activities

are in accordance with and eet the e ui e e ts of ADB s Pu li Communications and Safeguards Policies, related procedures and

guidelines and meet the requirements of the Samoan culture and

values.

c) Assist the MNRE in Preparing to Deliver the Strategy

The specialist is also be expected to support other activities necessary

to deliver the strategy as needed, including but not limited to: (a)

identifying mechanisms for continued interaction with various

stakeholders; and (b) supervising the design, production and pre-

testing of consultation materials. The Consultation strategy itself is

anticipated to be started in the first half of 2016. ADB anticipates

providing further assistance to the Government under a separate

contract to implement a consultation program.

Cannot be delivered until specific

reform proposals are firmed up.

d) Develop an M&E Framework

The specialist will develop a monitoring and evaluation framework

and tools to allow periodic feedback from key stakeholders once the

consultation process begins.

Monitoring & Evaluation

Framework (Annex 6).

C&C evaluation form (Annex 7)

Lessons Learnt Several factors contributed to this being a rather tricky assignment:

The impetus and timing for the development of this Communications and Consultation Strategy arose

from a recommendation by ADB s Offi e of the Spe ial Project Facilitator (OSPF), having considered the

complaint received from four individual matai. As such, the timing for the development of the C&C

Strategy was not explicitly linked with or integrated into the timing for other outputs of the project and

consequently, the C&C strategy was developed ahead of the completion of proposed reforms. As such

the strategy eludes to but is silent on specific reform proposals that CLAC will consult on and instead,

provides four broad level headings under which specific reform proposals are likely to be grouped under.

Impartiality was a requirement in the ToR for this assignment and thus it was evident that pre-existing

camps existed around this work with the group of four individual matai complainants comprising the most

significant camp. The C&C strategy was expected to be the mechanism for resolving issues of the

complainant camp, particula ly i elatio to the eed fo ea i gful o sultatio . This was a

reasonable objective but thwarted by the fact that ultimately, the camps held different objectives for the

C&C strategy. The complainant camp were not only concerned about meaningful consultation, they were

also concerned about the substance or subject matter of the consultation and in particular, re-litigating

policy and legislative decisions made in Phases I and II of the Project. The ToR for this TA did not support

the complainants wish to re-litigate policy and legislative decisions of previous Phases. Furthermore it

was believed that consultations on proposed reforms under Phase III would give rise to an opportunity to

examine many of the issues that the complainants were concerned about. It was not the role of this TA

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to identify hat should e the su je t atte of CLAC s communications and consultations although some

sense of possible issues was necessary in order to help shape the C&C Strategy.

This Strategy was developed through a highly consultative approach but it is not expected that CLAC need

consult to this same extent for the review and revision of the Strategy in future. A highly consultative

approach for the development of the C&C Strategy was determined necessary in this first instance to

ensure that the overarching framework for the strategy provides adequate guidance for communications

and consultations on future reforms without being overly prescriptive.

Recommendation

It is recommended that CLAC/MNRE:

1. Note the following documents that were drafted to inform and support

the development of the strategy namely:

Annex 1: Communications component of C&C Strategy – analysis of

possible issues for focusing communications

Annex 2: Stakeholder Analysis

Annex 4: Summary of Responses to Key Issues

Noted

2. Approve the Communications & Consultation Strategy (Annex 3 of this

final report) and its associated Annex for submission to Cabinet

Approved / Not Approved

3. Request the Project Coordinator and Legal Advisors to populate the

Strategy table as appropriate once the public consultation document

containing proposed reforms is confirmed.

Agreed / Not Agreed

4. Note the Strategy Costing Document (Annex 5)

Noted

5. Request the Project Coordinator, to submit a plan for the

implementation of the strategy including written confirmation of the

level of funding available from ADB for the implementation of the

Strategy along with expenditure categories permitted and an

assessment of gaps in funding and resourcing which need to be sought

from Government.

Agreed / Not Agreed

6. Direct the CLAC Secretariat to draft a Cabinet paper submitting the

Communications and Consultation Strategy to Cabinet for approval.

Agreed / Not Agreed

7. Approve the Monitoring and Evaluation Framework for the Strategy

(Annex 6).

Approved / Not Approved

8. Approve the C&C Evaluation Form (Annex 7) Approved / Not Approved

9. Direct the CLAC Secretariat to implement the M&E Framework and

report bi-annually to CLAC Commissioners on the C&C Strategy as per

the M&E Framework.

Agreed / Not Agreed

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10. Agree that the C&C Strategy will be reviewed and re-issued every

three years. Agreed / Not Agreed

Acknowledgements Many people contributed to and supported the completion of this work. Special thanks to the Chair of

the CLAC for the legitimacy and support provided by himself and his Commissioners through fronting and

owning the strategy without looking to influence its direction or content. Special thanks too to Tuloa and

the CLAC Secretariat for the vital support for logistics, administration and facilitation. Acknowledgement

too to the ADB Project coordinator and Legal Advisors of the ADB project team who informed and

provided constructive feedback on the strategy and its supporting documents. Grateful thanks goes to

Sala Josephine Stowers and Filisita Heather from MNRE for providing the institutional touchstones and

parameters associated with the administration of customary land leasing arrangements. And finally to

the many stakeholders who were consulted and who ultimately helped to give shape and form to the

strategy either through their endorsements of content and direction or through their comments and

suggestions. Faafetai faafetai tele.

THE COMMUNICATIONS COMPONENT OF THE C&C STRATEGY

A broad level communications and awareness raising campaign should be developed to increase public awareness of CLAC and its role. Mechanisms should also be established for ensuring ongoing information about CLAC and its work is accessible. Such mechanisms include a website, clear branding and signage and links to the CLAC website from the MNRE and Samoa Public Service website pages. The Communications component of the C&C Strategy in relation to specific policy and/or legislative reforms should provide a basis for the transmittance of key messages and relevant information to stakeholders and the general public. The objective of communications component of the C&C strategy should be to impart information and understanding about proposed policy and legislative reforms. Below is an example of a process for identifying relevant information/communications collateral for specific policy issues. Use of Fact Sheets, FAQ’s and Websites in English and Samoan should be standard practice for informing and communicating with the public on policy and legislative reforms and for ensuring the public can access relevant information on the economic use of customary lands.

Issue Comms implications Comms response/collateral

Info/comms requirements Fact sheet

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1. There can be and will be no alienation or disposition of ownership of customary land, as specifically required by the Constitution.

What legislative and policy mechanisms (including operations policies for implementation) are/will be in place to guarantee this

1. List of all policy and legislative instruments (including implementation policies and standard operating procedures) and their contribution to ensuring no alienation or disposition of ownership of CL.

x x x x x

2. All dealings in customary land by way of lease or licence (and the creation of mortgages over such leases and licences) must be strictly in accordance with procedures specified in legislation made in accordance with the

What is a license as referred to here?

2. Public information on what is a license x x x

How can a mortgage be created over a license (as opposed to a lease)?

3. Public information on process and requirements for mortgages over licenses

x x x

How are licenses dealt with by way of security for lending and are these different from the way leases are dealt with?

4. Public information on licenses of customary lands as security for lending

x x x

Annex 1



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proviso in Article 102(a) of the Constitution.

Specify the procedures. 5. Public information (and targeted information to CL owners and developers) on procedures for leases and licenses of customary land.

x x x

Are there any gaps? 6.

Any issues including accordance with 102(a) of constitution?

7. Public information on accordance/consistency of leases/licenses with 102(a) of constitution

x x x

Have the procedures been tested and what issues arose from previous tests/experience?

8. Document and communicate tests/past demonstration of procedures and how any issues have been addressed x

Have any issues been addressed and how?

3. The rights of customary land owners will be recognised and enforced by the reforms so that they enjoy all of the rights usually vested in commercial lessors, including:

the right to approve or disallow the use of the lease as security;

the power to approve or disallow the assignment of the

What is the full regime of rights that are usually vested in commercial leassors and

9. Information on full regime of rights of CL owners inclusive of rights normally vested in commercial leassors

x x x x x x

What if any obligations accompany such rights and will these also be placed upon customary landowners?

10. Obligations of CL owners of leased customary land.

x x x x x x

How will such rights for customary landowners be enforced and how will enforcement be triggered?

11. Information on enforcement of CL owner’s rights and triggering enforcement measures.

x x x

How will CL owners get to know what their rights are?

12. Info/mechanisms that promote and protect the rights of CL owners and the integration of

x x x x x x



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lease, whether as a result of a default by the mortgagor or otherwise; and

the right to receive lease payments strictly in accordance with the terms of the lease.

these into administrative requirements for lease administration and enforcement

How will CL owners know how to exercise those rights?

13. Tools for informing and raising awareness of the rights and obligations of CL owners of leased customary land.

x x x

How will CL owners know about lease assignment and changes to lease assignment?

14. Information on procedures and requirements for the assignment of leases and changes to the assignment of leases over CL

x x x

How will CL owners enforce lease payments in accordance with terms of lease?

15. Information for CL owners on process and procedures for the enforcement of lease payments in reference to the terms of leases.

x x x

4. The interests of lenders as mortgagees for customary land leases are to be respected and protected, taking account of the underlying rights of the customary landowners as beneficial and perpetual owners.

What are the interests of lenders and how will they be respected and protected? What mechanisms will be used for this?

16. Information for lenders on how their interests will be respected and protected and mechanisms for this.

x x x

What are the implications of mechanisms to respect lenders interests on customary land owners?

17. Information on mechanisms, processes and procedures for protecting lenders interests and the implications for CL owners

x x x

How will the rights of customary landowners be taken into account when protecting the interests of lenders?

18. Assessment of and information on the implications on CL owners of measures for protecting the interests of lenders.

x x x



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5. All leases of customary lands are to continue to be executed by the Minister as trustee for and on behalf of the beneficial landowners, but in certain cases the landowners will have authority to grant rights of access to and use of customary lands under licences granted by them.

What are the mandatory requirements and process for customary land leases executed by the Minister and

19. Public information on standard/mandatory requirements and processes for the execution of customary land leases by the Minister.

x x x x x x

What if any requirements are there on individual Sa’o in relation to the families they represent and the decision to lease customary lands under their customary authority?

20. Public information on mandatory requirements on individual Sa’o in relation to the families they represent and the decision to lease customary lands under their authority.

x x x x x x

What if any requirements are there on Sa’o with regards to the distribution of benefits from the lease of customary lands?

21. Public information on the requirements on Sa’o for the distribution of benefits from the lease of customary lands.

x x x x x x

22. Pubic information on recourse by families where requirements are not met by Sa’o.

x x x x x x

6. Leases of customary land for agricultural or pastoral purposes can be granted to any Samoan regardless of whether they are a matai or not.

Can leases of CL for agricultural or pastoral purposes be used as security for mortgage?

23. Information on lease of CL for agricultural or pastoral purposes and whether these can be used as security for mortgages

x x x x x x

Must Samoans be citizens; resident in Samoa or indigenous Samoan?

24. Information on eligibility of Samoans to lease customary land for agricultural and pastoral purposes

x x x x x x

7. Customary landowners will be given the powers to take action to recover rents and other payments

What powers are given to customary land owners to recover payments from leasees

25. Information for CL owners on powers and actions they can take to recover payments from leasees.

x x x x x x



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due under the lease, irrespective of the doctrine of privity of contract.

What powers will customary landowners have to enforce the removal of leasee’s (and end leases) from leasees who default on payments?

26. Information for CL owners on powers and actions they can take to enforce the removal of leasees and end leases of leasees who default on payments.

x x x x x x

How will Customary Land Owners be made aware of their powers and how to exercise these?

27. Information tools/kits for CL owners including information about their powers and how to exercise these.

x x x

8. Customary land owners of leased land will be able to exercise a number of rights such as review of rents, enforceability of beneficial covenants, and enforceability of environmental protection obligations. As the Minister will sign the lease on behalf of the landowners, these new rights will be confirmed in the legislative amendments.

What are all the rights available to Customary Land Owners?

28. Information tools/kits for CL owners on their rights in relation to leases on CL and the use of such leases as security for mortgages.

x x x

How will customary land owners know about these rights?

29. Refer (9) above

What do customary landowners need to know and do in order to exercise these rights?

30. Refer (9-13) above

Why does the Minister sign leases on behalf of customary landowners?

31. Public information on rationale and powers of Minister in relation to leases of CL

x x x x x x

Can the Minister sign a lease for Customary Land without the consent and agreement of Customary Land owners?

32. Refer (31) above



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In signing the lease, what evidence of authority and concurrence amongst families does the Minister require and how is this evidenced and documented?

33. Public information on mandatory requirements/pre requisites and evidence of such for leases signed by the Minister.

x x x

9. A range of other legal rights and powers are to be given to the customary landowners of leased lands to ensure that they enjoy the same rights and privileges ordinarily enjoyed by commercial lessors. In some cases these rights will be terms of the standard lease document, and where necessary they will be stated in the legislative amendments.

What rights and priviliges are ordinarily enjoyed by commercial leassors?

34. Refer (9) above

Does availing the rights and priviliges of commercial lessors to customary land owners carry with it any implications for responsibilities of customary landowners and if so, what additional responsibilities and what are the implications of not fulfilling those?

35. Additional responsibilities and obligations on CL owners arising from the application of rights and priviliges of commercial lessors.

x x x

10. Legislative reforms are to provide mortgagees of leased customary lands with a range of options in the event of a loan default. The reforms will replace the current provisions of Part VII of the Property

What options do mortgagees of leased customary lands have in the event of loan default?

36. Information on options and procedures for mortgagees for dealing with loan default.

x x x



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Law Act which will not have application to such mortgages. Appropriate amendments will be made to the Land Titles Registration Act 2008, and further details can be prescribed by Regulations made under that Act.

What if any requirements are there to get agreement from customary landowners regarding options exercised by mortgagees in relation to leased customary lands?

37. Information on any requirements mortgagees have to consult with/seek agreement of CL owners in relation to the exercise of options in relation to leased customary lands..

x x x x x x

11. A power for a mortgagee who has taken possession after a default to the sell the lease will be provided for, but this will not be the only enforcement option. The sale of the lease will be subject to the consent of the landowners.

How will CL owners consent to sale of lease by mortgagee?

What happens if CL owners refuse consent?

Can CL owners cancel leases of CL leased to mortgagors who have defaulted on mortgage payments?

38. Information on rights of CL owners in reference to decisions of mortgagees to sell the lease on customary land for leases taken into possession for reasons of default.

39. Information for mortgagees on requirements in relation to

x x x x x x

How will/should landowners know about the default of payments to mortgagors by leasees?

40. Information about entitlement of CL owners to information about default payments on loans secured by CL leases.

x x x

What if landowners do not consent to the sale of lease by the mortgagee?

41. Information on ability of landowners to object/consent to the sale of lease by mortgagee. x x x x x x

12. It will not be permissible under the legislative reforms for more than one mortgage to be registered

42.



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against a customary land lease.

13. Mortgagees will be given power to take speedy action in the event of a default in the payment of a loan if there are reasons to believe that the mortgagor may act to the detriment of the mortgagee’s interests. It will be a criminal offence for a mortgagor to allow any action which diminishes the viability of the development or the value of the security.

What powers will mortgagee’s be given in the event of a default in payment of a loan by a mortgagor leaseholder of customary land?

43. Information of mortgagee powers in relation to defaults by mortgagor leaseholder of customary land x x x x x x

If it is the lease interest and not the land that is being used as security, what will the mortgagee be empowered to take speedy action on?

44. Information on parameters of the mortgagors powers to take speedy action in the event of a default on loan payments where there is belief that mortgagor may act to the detriment of the mortgagee’s interests.

x x x x x x

14. A mortgagee in possession after a loan default will have power to appoint a receiver of rents and profits, or a receiver and manager of the development, in addition to the power of sale.

What rights and obligations do mortgagees in possession of developments arising from loan default have, in reference to the development and the leased land?

45. Information on rights and obligations of mortgagees in reference to developments in their possession as a result of default in loan payments.

x x x

What say will landowners have in the decision to sell the development which a mortgagee has taken possession of after loan default?

46. Rights and requirements of CL owners in reference to mortgagee decisions to sell developments in their possession arising from loan defaults.

x x x



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How will the rights of landowners in reference to the lease agreement transfer across to the new owner of the lease?

47. Information on mandatory processes and procedures for transference and communication of transference of rights of landowners to the new owner of leases via mortgagor sale of lease.

x x x

15. A mortgagee in possession after a loan default will not have power to extract minerals on the land or to fell timber on the land, and appropriate amendments will be made to the Property Law Act 1952 to ensure that these rights are not vested in mortgagees of leased customary lands.

What appropriate amendments will be made to the Property Law Act 1952 and when?

48. Information on proposed amendments to Property Law Act 1952

x x x x x x

How will it be ensured that rights on extracting minerals or felling timber on lease interests that mortgagees have taken possession of re NOT vested in mortgagees of customary land.

49. Information and procedures for ensuring mortgagees do not have rights to extracting minerals etc in relation to CL that they have taken possession of.

x x x x x x

16. When a mortgagee in possession of leased customary lands receives rents and profits, and proceeds of sale of the lease, the first priority for the payment of such monies will be given to the payment of rents due to the landowners under the lease.

Please reference the policy or legislative provision?

50. Information on the policy and legislative provision that requires CL owners to be paid out first from proceeds of sale of lease by mortgagee.

x x x x x x

What if any requirements will there be on landowners to evidence rent arrears?

51. Information on requirements on CL owners to furnish evidence of rent arrears to mortgagees for leases that mortgagees have assumed possession of as a result of default by mortgagor.

x x x x x x



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What if landowners are overlooked by mortgagees when disbursing proceeds of sale of lease?

52. Information on recourse by CL owners where mortgagees have not paid out rent arrears on sale of lease.

x x x x x x

How will landowners make their claim for rent arrears known to mortgagees?

53. Information on how CL owners can register their claim for rent arreas with mortgagees.

x x x x x x

17. Appropriate mechanisms will be available to permit the extension of the term of a lease prior to a sale or takeover by the mortgagee in possession so as to provide for the full term of the lease to apply. This will increase the value of the lease as a security but will be subject to the consent of the landowners.

What scope is there for lenders/mortgagees to protect their interests in the event of the default of mortgage payments for leases that are close to ending and for which landowners do not agree to extend.

54. Information on whether/how mortgagees can be advised on the CL owners decision to extend or not, leases of CL.

x x x

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CONFIDENTIAL INTERNAL PROJECT TEAM DOCUMENT

C&C Strategy – Stakeholder Analysis Stakeholder Contribution/

Value

Legitimacy/e

xpertise

Willingness

to engage

Influence Expectations Response to /

Management of

expectations

MNRE High:

Knowledge of

issue is integral

High Lead

Implementing

Agency ADB

High Lead

Implementi

ng agency

High:

Critical

Lead Implementing

agency.

Lead. Key

implementation

1. MoF High: Lead

Executing

agency for ADB

High: Medium High:

Critical

Lead Executing agency Key counterpart.

Engage closely

2. CLAC High: Owner High:

Legislative

mandate

High:

Owner

High:

Critical

High Critical Legislative

mandate and Focal point

for CL reforms

Owner

3. Attorney General High:

Knowledge of

issue is critical

High: High:

Required

to

High:

Legislative

reforms

High: Critical Engage closely as

appropriate

4. Ministry of Justice Medium High ? High High Engage closely

5. Ministry of Ag Medium High ? Medium Medium Engage as appropriate

6. Lands & Titles Court High High High High High Engage closely

7. Land Reform

Commission

High High ? High High Engage closely

8. MWCSD (Pulenuu

Council; Sui o

ta a’ita’i; Natio al Wo e ’s Group; Komiti o le Faleula)

High High ? High High: Most important

stakeholder group.

Protection of customary

and constitutional land

rights. Advancement and

equitable distribution of

economic benefits.

Establish partnership

and engage closely

9. Development Bank High High High High High Engage closely

10. NPF High High High High High Engage closely

11. SLAC Med Med ? Low Low Inform

12. Samoa Tourism Auth Medium High ? Med-High High Consult

Annex 2

2


Stakeholder Contribution/

Value

Legitimacy/e

xpertise

Willingness

to engage


Management of

expectations

13. MCIL High High High High High Engage

14. All other Govt Depts Med/Low Low ? Med-Low Med-Low

15. Opposition party High High ? Med Med

16. ANZ High High Low Med Med Consult

17. BSP Med Med ? High Med Consult

18. SCB High High High High High Engage closely

19. National Bank Samoa High High High High High Engage closely

20. Development Bank High High High High High Engage closely

21. Microfinance Instns Low Med ? Med Low Consult

22. Samoa Chamber of

Commerce

High High High High High Consult

23. Law Society Med High High High ? Consult

24. Accountants Society Low Low ? ? ?

25. Hotel Association High High ? High high Consult

26. Samoa For Real High High ? High High Consult

27. Farmers Association Med High ? Med Low Consult

28. Land Surveyors Assn High High ? High High Engage

29. Teachers Assn Low High ? Med Med Consult

30. Samoa media

(TV/newspaper/radio)

High Med High High High Engage

31. NZ &Aust media Med Med Med-High High High Engage

32. SUNGO High Med ? High High Consult

33. SBEC Med Med ? Med Med Consult

34. National Council of

Churches

High High ? High High Consult/engage

35. Wo e ’s Co ittee (via MWCSD)

High High ? High High Consult/engage

36. Women in Business Med High ? High High Consult

37. Center for Samoan

Studies

Med Med ? Med Med Consult

3


Stakeholder Contribution/

Value

Legitimacy/e

xpertise

Willingness

to engage


Management of

expectations

38. NUS Med Med ? Med Med Inform/consult

39. USP School of Agr Low Med ? Low Low Inform/consult

40. Pacific Studies –

Auckland, Wellington,

Otago

Low-Med Med-High High Med Med Inform/consult

41. McMillan Brown -

Canterbury

Low-Med Med-High High Med Med Inform/consult

42. Alii &Faipule

High High High High High Engage closely 43. Wo e ’s Co ittee

44. Aumaga

45. Aualuma

46. Faifeau Med Med ? Med Med Consult

47. Overseas diaspora High High High High high Inform/consult

48. Individuals High Med-High ? Med-High Med-High Consult

49. Conscientious

objectors

High High High High High Engage

4


STAKEHOLDER’S INTERESTS and DEGREE OF IMPACT

Direct Impact = 1

Indirect Impact = 2

No substantive impact / Interest = 3

STAKEHOLDER INTERESTS/CONCERNS/POSITION DEGREE OF

IMPACT

PUBLIC

MNRE LEAD IMPLEMENTATION AGENCY 1

MOF ADB’S KEY COUNTERPART 1

CLAC KEY ORGANIZATION TO PROVIDE POLICY LEADERSHIP IN ALL AREAS AFFECTING CUSTOMARY LAND AND ITS ECONOMIC

USAGE

1

ATTORNEY GENERAL KNOWLEDGE OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF CUSTOMARY LAND AND CHIEF LEGISLATIVE

DRAFTERS FOR THE GOVERNMENT OF SAMOA.

1

MINISTRY OF JUSTICE ADMINISTERS THE LANDS AND TITLES ACT VIA THE LANDS AND TITLES COURT WHERE OWNERSHIP OF CUSTOMARY

LAND IS DETERMINED AND IDEALLY INFORMATION SHOULD BE TRANSFERRED TO MNRE.

1

MINISTRY OF AG HAS AN IMPACT ON AGRICULTURAL SECTOR THAT FARM IN CUSTOMARY LAND. ALSO ADMINISTERS ONE OF THE TA

THAT IS PART OF THE COMPLAINT FROM THE FOUR MATAIS TO ABD

2

LANDS & TITLES COURT HUGE STAKEHOLDER IN TERMS OF CASES RELATING TO TITLES AND CUSTOMARY LAND 1

LAND REFORM COMMISSION MAY BE INVOLVED IF LEGISLATIVE AMENDMENTS ARE GIVEN TO THEM TO TAKE TO THE GENERAL PUBLIC FOR THEIR

VIEWS.

1

MWCSD CENTRAL ORGANIZATION TO LINK THE STATE MACHINERY TO THE COMMUNITY/VILLAGE LEVEL. GENERALLY USED TO

CONSULT ISSUES NATIONWIDE AT THE VILLAGE LEVEL VIA ITS INTERNAL AFFAIRS DIVISION.

1

5


DEVELOPMENT BANK PART OF THE FINANCIAL/BANKING SECTOR THAT IS NEEDED FOR THE INVESTMENT SIDE OF THE EQUATION RELATING

TO THE MORTGAGING OF THE LEASEHOLD INTEREST IN CUSTOMARY LAND.

1

NPF FINANCIAL AND BANKING SECTOR 1

SLAC FINANCIAL AND BANKING SECTOR 2

SAMOA TOURISM AUTH CENTRAL TOURISM AUTHORITY TO ENCOURAGE AND PROMOTE INVESTMENT IN THE SAMOA TOURISM INDUSTRY 2

MCIL BUSINESS LICENSES; TRUSTS. 1

ALL OTHER GOVT DEPTS SUPPORT SERVICES LIKE ROAD CONSTRUCTION AND INFRASTRUCTURE FOR THE MANAGEMENT OF CUSTOMARY

LAND

2

PRIVATE

BANKING ASSOCIATION AN IMPORTANT SECTOR FOR THE FINANCING SIDE OF THE ECONOMIC USE OF CUSTOMARY LAND 1

ANZ FINANCIAL BANKING SECTOR 1

BSP FINANCIAL BANKING SECTOR 1

SCB FINANCIAL BANKING SECTOR 1

NATIONAL BANK SAMOA FINANCIAL BANKING SECTOR 1

MICROFINANCE INSTNS FINANCIAL BANKING SECTOR 1

SAMOA CHAMBER OF COMMERCE BUSINESS COMMUNITY 2

LAW SOCIETY LAW PROFESSIONALS 1?

ACCOUNTANTS SOCIETY ACCOUNTANCY PROFESSIONALS 3

HOTEL ASSOCIATION HOTEL OWNERS. RELEVANT FOR TOURISM DEVELOPMENTS ON CUSTOMARY LAND 2

SAMOA FOR REAL HOSPITALITY SECTOR OWNERS. RELEVANT TO TOURISM ON CUSTOMARY LAND 2

6


FARMERS ASSOCIATION RELEVANT IF LAND BEING FARMED IS LEASED CUSTOMARY LAND. 2

LAND SURVEYORS ASSN ALL LANDS FOR ANY LEASING PROJECT NEEDS TO BE SURVEYED AND PLANS DEPOSITED WITH MNRE. 1

TEACHERS ASSN TO THE DEGREE THAT LIKE OTHERS ASSOCIATIONS, THEIR MEMBERS ARE ALSO MATAI 3

SAMOA MEDIA

(TV/NEWSPAPER/RADIO)

CRITICAL VEHICLES FOR COMMUNICATIONS. 3

NZ &AUST MEDIA IMPORTANT VEHICLES FOR COMMUNICATIONS TO DIASPORA 3

CIVIL/NGO

SUNGO HAS AN INTEREST IN THE PROJECT FROM A POVERTY ELIMINATION PERSPECTIVE 2

SBEC ENCOURAGES SMALL BUSINESS DEVELOPMENT 3

NATIONAL COUNCIL OF CHURCHES HAVE BEEN MANY GIFTS OF CUSTOMARY LAND TO CHURCHES 1

WOMEN’S COMMITTEE (VIA

MWCSD)

WOMEN ARE SULI AND MATAIS OF MANY FAMILIES SO THEY HAVE A STAKE IN THE DEVELOPMENT OF CUSTOMARY

LAND.

1

WOMEN IN BUSINESS HELPING RURAL WOMEN BECOME SELF-SUFFICIENT AND ABLE TO CARE FOR FAMILIES 2

CENTER FOR SAMOAN STUDIES GENERALLY AN OPINION PRODUCER THAT COULD SHAPE PUBLIC PERCEPTIONS. 3

NUS OPINION PRODUCER THAT COULD SHAPE PUBLIC PERCEPTIONS. 3

USP SCHOOL OF AGR OPINION PRODUCER THAT COULD SHAPE PUBLIC PERCEPTIONS. 3

OTHER ACADEMIC BODIES OUTSIDE

SAMOA

OPINION PRODUCERS THAT COULD SHAPE PUBLIC PERCEPTIONS 3

COMMUNITY/VILLAGE/DISTRICT LEVEL

7


ALII &FAIPULE MANY ARE SA’O OF AIGA AND HAVE A DIRECT INTEREST IN THE DIALOGUE 1

WOMEN’S COMMITTEE MATAI AND SULI 1

AUMAGA SULI 1

AUALUMA SULI 1

FAIFEAU 2

CHURCH - AUTALAVOU SULI 2

OVERSEAS DIASPORA MATAI, SULI AND FINANCERS OF PROJECTS BACK HOME 1

INDIVIDUALS SPEAKING IN THEIR OWN RIGHT 1

CONSCIENTIOUS OBJECTORS SPEAKING IN THEIR OWN RIGHT 1

8


Stakeholder Analysis Map

Leg

itim

acy

/exp

ert

ise

Value

High Low

Low

H

igh

MoJ

L&TC

Community

level village

and districts

Sui o Alii

& Faipule

MoF

AG

MWCSD

Land reform

commission

Commerci

al Banks

Development

Bank

Banking

Association

Center for

Samoan

Studies

NPF

SLAC

Samoa

Tourism

MCIL

Opposition

Party

Other Govt

Dpts

Ministry of

Agriculture

Samoa Chamber

of Commerce

Law

Society

Accountants

Society

Hotels

Assn

Samoa For

Real

Land

Surveyors Assn

Farmers

Association

Teachers

Association

Samoa

Media

NZ/Aust/

US Media

SUNGO

SBEC

National

Council of

Churches

Women in

Business

USP NUS

Pacific

Studies

McMillan

Brown

O/seas

diaspora

Conscientious

objectors

1

FINAL 050816

PROMOTING ECONOMIC USE OF CUSTOMARY LAND, PHASE III COMMUNICATIONS AND CONSULTATION STRATEGY

PURPOSE

The communications and consultation strategy supports the work of the Customary Land Advisory

Commission (CLAC) for Promoting the Economic Use of Customary Lands Project through outlining

st ategies fo i fo i g a d o sulti g ith Sa oa s people a d o ga isatio s on proposed

policy/legislative reforms.

DEFINITION OF TERMS

Consultation/Meaningful Consultation

Alienation

Stakeholders

Mortgage

Mortgagee

Rights of land owners

Foreign interests

Foreclosure procedures

Land owners

Leasehold interest

Economic use

Lessor

Lessee.

OBJECTIVE

To ensure that the people of Samoa can have a say and can effectively contribute to the development of

policies and legislation providing for the economic use of customary land.

SCOPE/COVERAGE

This consultation strategy addresses proposed policy and legislative reforms for the economic use of

customary land. .

GUIDING PRINCIPLES

Consultations under this strategy should:

i. identify and address stakeholders based on the degree to which they are affected by the

proposed policy or legislative reform;

ii. ensure stakeholders are well informed about the issues;

iii. adopt an inclusive approach by consulting as widely as possible;

iv. demonstrate proportionality and parity across stakeholders and their views;

Annex 3

2

FINAL 050816

v. be transparent in terms of how consultations will be carried out, feedback from stakeholders

and the effect of stakeholder feedback on proposed policy and legislative reforms;

vi. Be timed so that stakeholder views can still make a meaningful difference.

MINIMUM STANDARDS AND REQUIREMENTS

Co siste t ith CLAC s i i u sta da ds a d e ui e e ts fo o u i atio s a d consultations on

policy and legislative reforms, this strategy identifies:

i. Relevant stakeholders.

ii. Consultation strategies o e o e a ie s to pa ti ipatio fo ta geted stakeholde s e.g. timing,

location and resources (including for the appropriate observance of cultural protocols) should be

configured to enable participation.

iii. Information and resources to ensure stakeholders are well informed about proposals two weeks

prior to consultations

iv. Ways for achieving necessary depth (e.g. to the level of individuals and individual villages) and

breadth (necessary capture of sectors nationally) of information dissemination and consultation.

v. Roles and responsibilities including who comprises the consultation team, skills and attributes

for leading consultations, accurate recording, logistics and administration and feedback to

stakeholders1.

vi. Necessary financial and technical skills and resources.

HOW THIS STRATEGY IS STRUCTURED

The Strategy builds on the foundations and processes already established as part of Phases I and II of the

project to Promote the Economic Use of Customary land.

An overarching communications campaign to launch and support the consultation strategy is outlined,

following which, strategies for communicating and consulting on specific policy and legislative reform

proposals are detailed.

Policy and legislative reform proposals for strengthening arrangements for mortgaging leasehold interest

on customary land will be contexted within the four Fundamental Policy Precepts as endorsed by

Government namely:

i. Constitutional/legal mandates

ii. Leasing Arrangements

iii. Rights of Customary Landowners

iv. Interests of Lenders.

STAKEHOLDERS

This strategy seeks to communicate and consult with a diverse range of stakeholders including but not

limited to:

1 Feedback on consultations should identify who participated in the consultation, the organization or sector of the

population they represent, aspects of reforms they addressed and key issues raised.

3

FINAL 050816

Customary landowners

Samoan families, villages and Districts

Parties to existing leases of customary land (lessors and lessees)

Banking and finance institutions

Government regulating and implementing Ministries

Private sector organisations e.g. Land Surveyors Association

Civil Society organisations/NGOs.

HOW COMMUNICATIONS AND CONSULTATIONS WILL BE DELIVERED

Implementation of Communications and Consultations under this strategy will commence 1 October 2016

Information tools will be developed in both English and Samoan to help the public understand the context

for proposed policy and legislative reforms.

Vehicles for disseminating information include the distribution of physical documents (e.g. fact sheets;

FAQS); newspaper; television, radio; online media and in person delivery.

A proposed list of consultation meetings is attached to this strategy and will be finalized/confirmed on

completion of the public consultation document.

Formal feedback on proposals will be received mainly via community consultations or in writing via email

or post.

Feedback to the public on the key issues raised during the consultation phase will be issued via either

newspaper, radio, television, website or a combination of these mediums.

Public Launch of the C&C Strategy

At the launch of the C&C Strategy the proposed schedule of meetings will be released along with the

public consultation document detailing policy and legislative proposals and associated Fact Sheets and

FAQs.

Newspaper, Radio and Television segments

Two weeks prior to the commencement of consultation meetings, radio and television bulletins will be

launched to inform the public and stakeholders of policy and legislative proposals and advise them of

ways in which they can engage with the process for developing these. This publicity will continue for the

duration of the consultation phase.

Consultation meetings

The main mechanism for achieving feedback on proposed policy and legislative changes will be through

face to face consultation meetings held in Upolu [covering Manono and Apolima] and Savaii. Attachment

1 to this Strategy outlines a proposed approach for consulting with key stakeholders. Information will be

developed to ensure the public and stakeholders understand what is being proposed. This information

4

FINAL 050816

will be tailored for target audiences identified in the strategy and will be disseminated at least two weeks

prior to meetings taking place in each locality. CLAC will consult with the Ministry of Women, Community

and Social Development as the official channel for sui o nuu (village representatives), to determine the

number and location of consultation meetings with the community sector.

Online via website

A CLAC website will be established and will have ongoing resource implications. This web presence will

be set up as a CLAC web-page within the MNRE website with a view to establishing a standalone CLAC

website at a later date. The link to the web-page will be publicized via all information tools produced as

part of this strategy. As an online tool, the website will enhance access of Samoan people everywhere, to

this strategy and associated information resources. Appropriate governance over the website including

designing and approving content, monitoring hits and downloads, identifying ways to increase public

awareness and its online search profile and responding to comments and/or questions emanating from

the website will all be important. To the fullest extent possible, newspaper, radio and TV programming

should also be able to be accessed via online platforms.

Stakeholders will also be able to make written submissions via email or post and contact details for

receiving submissions via email or post will be publicized via all communications mediums.

Engaging Samoans resident overseas

Feedback from Samoans residing overseas is welcome and can occur through a range of mechanisms

including:

Communicating views to their respective family members or matai representative resident in

Samoa

Coming to Samoa to attend consultation meetings in person

Lodging a written submission via email.

5

FINAL 050816

Focus Area 1: Communications campaign to launch the C&C Strategy

Objectives: 1. To raise public awareness of the promotion of economic use of customary land, including through ability to mortgage leasehold interest 2. To launch the public consultation strategy on policy and legislative proposals

Target Audience

Key Messages for Communications

Or

Key issues for consultation

Tools/tools and method of delivery 2 Responsibility / Timing

All of Samoa

particularly

Matai as

Landowners,,

Samoan Banking

Association,

General public

Key messages for communications include:

1. Promoting the economic use of customary land

supports objectives of the SDS

2. There can and will be no alienation or disposition of

ownership of customary land as specifically

prohibited by the Constitution

3. The ability to lease customary land is not new.

4. New policy/legislative reform measures are

proposed in the public consultation document to

strengthen opportunities to use leasehold interests

in customary land as security for obtaining

development finance where customary landowners

consent.

5. CLAC has been established as an independent body

to advise on and establish the modalities for

promoting the economic use of customary land.

1. Launch of consultation phase and

official release of Public Consultation

Document

2. PRESS RELEASE

3. Complete public consultation document

available in hard-copy from the CLAC

office and MNRE, downloadable from

the CLAC website (with a link to MNRE

and Government website)

4. Fact Sheets and FAQs on CLAC; and

Public Consultation Document

5. Television and Radio interviews and

segments focused on key messages, the

Public Consultation Document and

existing leases. Footage and audio

recordings to be posted on website. Can

simulcast feed to radio stations overseas

if cost effective

6. Information paper on methods of

accessing documents and providing

feedback on policy and legislative

proposals (e.g. written submissions via

email or post; directly via electronic

submission form on website; in person

by attending consultation meeting)

7. Copy of proposed schedule of CLAC

consultation meetings.

LAUNCH DATE 1 OCTOBER 2016

Public consultation document finalised by 5 Aug 2016 (Legal TA

with proj coord)

All strategy Fact sheets and FAQs finalized by 19 Aug 2016 (Legal

TA with proj coord)

All strategy audio visual tools finalized by 16 September 2016

(Videographer with proj coord).

Launch and logistics finalized by 16 Sept (project

coordinator/CLAC).

1. CLAC Commissioners & Secretariat

2. MNRE

3. Project Coordinator

4. Legal TA

5. TA for:

Developing storyboard, scripting and producing television

and radio tools.

Scheduling & streamline all publicity campaign events and

material

O e seei g look a d feel of all pu li ity ate ial to ensure

consistency with branding, quality control and risk manage.

Assigned first point of contact for public and media queries,

receiving written feedback on proposals via email or

website.

2 All comms tools will be in both Samoan and English unless otherwise specified/

6

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Focus Area 2: Public Consultation Document: Constitutional and Legislative Mandate

Objectives: 1. To inform and raise awareness of the constitutional and legal basis for leasing Customary land and mortgaging the leasehold interest on Customary Land

2. To raise awareness of the rationale and potential development impact from CL owners who exercise the option to allow mortgage of leasehold interests on customary

land

3. To ensure all law reforms are consistent with article 102 of the Constitution.

Target Audience

Key Messages (Comms)

OR

Key issues for consultation Tools and method of delivery 3

Responsibility /

Timing

Customary Landowners,

Matai

Families and villages

Politicians; Sui a le

malo/sui o nuu.

Potential investors

Samoa Banking

Association

Government Departments

directly impacted,

particularly legal officers

Civil Society/NGOs

Law Society

Key messages for communication include:

1. There can be and will be no alienation or disposition of ownership of

customary land, as specifically required by the Constitution

2. Legislation enabling leasing customary land has been around for 51 years

with the Alienation of Customary Land Act 1965.

3. The ability to mortgage the leasehold interest on customary land is not new.

a. It is designed to promote economic use of customary land.

b. It provides customary landowners and leaseholders with an option to

secure development finance using leasehold interest in customary land.

c. Policy and legislative reforms will progressively be introduced to enable

and regulate this. All such reforms will uphold the constitutional

provision prohibiting alienation or disposition of ownership of customary

land.

4. Review of processes for upholding article 102 of the Constitution to ensure

that all law reforms and legal processes are fully consistent with the

constitutional requirements that there be no alienation of customary land,

other than by leases created in accordance with legislation.

Technical Fact Sheets on legislative mandates e.g.

Article 102 of the Constitutional provision

Plan language fact sheet on legislative provisions

FAQs

Recorded Interview with constitutional experts in

Customary Land for use on CLAC website, radio and

TV mediums as appropriate and as comms tools

during consultation meetings.

Profile example of existing leases (video format)

Plain language fact sheet on consistency of all law

reforms and legal processes with article 102 of the

Constitution.

Fact sheets & FAQs

Audio visual tools

Legal Advisors;

LWG;/Project

Manager

Consultation on:

Legislative reforms to strengthen mortgaging leasehold interest on

customary land.

Fact sheet on legislative reforms

FAQ on legislative reforms

3 All comms tools will be in both Samoan and English unless otherwise specified/

7

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Focus Area 3: Public Consultation Document: Leasing Arrangements

Objectives: 1. To inform and raise awareness of existing leasing arrangements

2. To seek feedback on proposed policy and legislative reforms associated with leasing arrangements.

Target Audience

Key Messages for Communications

OR

Key issues for consultation

Tools/tools and

method of delivery

Responsibilit

y / Timing


Matai

Families and villages

Politicians; sui a le malo/sui o nuu

Potential investors/developers

Samoa Banking Association

Government Departments directly impacted,

particularly legal officers

Civil Society/NGOs

General public.

Communications will include information on:

Powers and responsibilities for the creation of leases over customary lands.

The Role and powers of the Minister when customary lands are leased

Who can customary lands be leased to?

Responsibilities and powers for the recovery of unpaid rent on customary

land.

Plain language fact sheet on

existing leasing

arrangements and

procedures.

Use of video footage

interviews of landowners

with existing leases

MNRE: re existing

leasing

arrangements.

Project

Coordinator re

video footage.

Consultation on:

Any proposed policy/legislative reforms on leasing arrangements.

Focus Area 4: Public Consultation Document: Rights of Customary Landowners

Objectives: 1. To inform and raise awareness of existing rights of customary landowners of leased customary land

2. To seek feedback on issues and associated policy proposals for strengthening the rights of customary landowners in relation to the lease of customary

land, and the mortgaging of lease interest on customary land.

Target Audience Key Messages (Comms)

OR

Key Issues (Consultation)

Tools/tools and method of

delivery

Responsibility /

Timing


Matai/families

Potential

Investors/developers

Samoa Banking

Association.

Communications on:

Existing regime of rights of customary landowners of leased customary land.

Subject specific fact sheet

on existing rights of

customary landowners of

leased customary land.

Factsheets and associated

FAQs

Legal Advisors

Project

Coordinator Consultation on:

Any policy/legislative reform proposals on the rights of customary landowners.

8

FINAL 050816

Focus Area 5: Public Consultation Document: Interests of Lenders

Objective: 1. To ensure that the interests of lenders are addressed in line with objectives related to the economic use of customary land.

Target Audience Key Messages (Comms)

OR

Key Issues (Consultation)

Tools/tools and method of delivery 4 Responsibility /

Timing

Samoa Bankers

Association

Samoan

customary

landowners

Key messages for Communications will address the interests of lenders:

Vis-a-vis customary landowners;

In the event of loan default;

For the transfer of lease to a new developer;

Where landowners withhold consent to transfer the lease to a proposed new owner of

the development.

Fact sheets and FAQs e.g. on rights and associated

processes and responsibilities/requirements.

Legal Advisors,

Project Coordinator

Consultation on:

Any new policy or legislative reform proposals addressing the interests of lenders.

Fact sheet and FAQ on any new policy or legislative

reform proposals.

Legal Advisors;

Project Coordinator.

4 All comms tools will be in both Samoan and English unless otherwise specified.

Attachment 1 to the Consultation and Communications Strategy for

Promoting Economic Use of Customary Land

9

HOW CONSULTATIONS WILL BE CONDUCTED

AFFECTED STAKEHOLDERS

A stakeholder analysis has been conducted to identify stakeholders and the degree to which they are likely

to be affected by policy/legislative reform proposals to strengthen arrangements for mortgaging

leasehold interest on customary land.

The following proposes a plan for consulting with various stakeholders. Notwithstanding any set

meetings, individual sectors, organisations, community districts or villages may wish to host their own

meetings and are welcome to do so. CLAC will supply copies of relevant information and proposals to

support such meetings. CLAC will also do its best within its resource constraints to respond to requests

for CLAC attendance to present at such meetings.

The CLAC may convene small focus group meetings for issues needing more detailed consideration or that

are of a technical nature.

STAKEHOLDER CONSULTATION MEETINGS

Specific consultation meetings will be convened as outlined below.

Public sector:

MNRE; MoF; AG; MJCA; Law Reform Commission; MWCSD; Development Bank; NPF; MCIL; SHC.

Private sector:

Financial banking sector

SAME

Chamber of Commerce

Samoa Hotel Association

Other Relevant organizations

Institute of Land Professionals

Existing lessees of customary land

Existing beneficial owners/lessors of customary land

Civil/NGO sector:

National Council of Churches

SUNGO

O le Siosiomaga Society

Community Sector:

At the national level, CLAC will work with MWCSD to meet with the Fono-o-Pule u u du i g thei o thly meetings. A separate meeting will also be held with existing customary land lessors/beneficial owners.

Attachment 1 to the Consultation and Communications Strategy for

Promoting Economic Use of Customary Land

10

At the Districts and village level, time and resources constrain the ability to hold separate meetings with

each and every district, village and sub-groupings within villages and it is likely that meetings will need to

involve combined districts. CLAC will take advice from the MWCSD on this.

Whatever the horizontal configuration, the subject of mortgaging leasehold interest on customary land

and associated policy/legislative reform proposals being consulted upon, potentially affects all people of

Samoa through to the family unit. It will therefore be important to deepen community sector

consultations. A means of achieving greater depth will be to conduct not one but three meetings

simultaneously within each grouping of districts (as determined in consultation with MWCSD) as outlined

below.

1. Combined District Alii ma Faipule

2. Combined Districts sui a tina & aualuma

3. Combined Districts sui a aumaga.

Conducting the above 3 meetings simultaneously will require CLAC to field 3 teams with identical areas of

specialization. It is proposed that each of the teams be led by a Commissioner and supported by logistics

crew and note takers, along with those with expertise in the proposals being discussed e.g. legal advisors.

Individual Districts, villages, or families who wish to host separate meetings on the policy or legislative

proposals are welcome to do so and can request CLAC to attend and present at those meetings. CLAC will

do its best to accommodate such requests within its resource constraints. At a minimum, CLAC will

provide copies of information and proposed reforms for such meetings.

Multi-stakeholder meeting:

A multi-stakeholder meeting will be convened for groups and organisations not specifically covered above.

Private sector (e.g. Farmers Association; Other associations; Law Society; Samoa Institute of

Accountants).

Civil/NGO sector (e.g. SBEC; Women in Business; Centre for Samoan Studies; NUS; USP; other

academic bodies; special interest groups).

OPEN PUBLIC MEETINGS - CATCH-ALL

If determined necessary, two open public meetings will be held towards the end of the consultation

period. One in Upolu and One in Savaii. These meetings will be designed to allow anybody to attend.

Typically, participants of such meetings self-select. Individuals can attend in their own right and need not

be an official representative of any organization or affiliated with any given sector. These meetings are

expected to be useful for allowing people from different walks of life the opportunity to express their

views and hea o e a othe s ie s.

1 | P a g e

PROMOTING ECONOMIC USE OF CUSTOMARY LAND (Phase III)

The Design of the Communications and Consultation Strategy

SUMMARY OF RESPONSES TO KEY ISSUES RAISED DURING CONSULTATIONS ON THE DESIGN OF THE

COMMUNICATIONS AND CONSULTATION STRATEGY.

Section Key Issues raised Response

A complainant to ADB noted that this

workshop was a result of their complaint

and raised a range of substantive issues

related to the leasing of customary land.

These meetings are focussed on the

desig of a strategy for communicating and consulting on

proposed reforms for mortgaging

leasehold interest in customary land.

The appropriate forum for dialogue on

substantive issues is during the

implementation of the

communications and consultation

strategy on proposed reforms.

Definition of

Terms

A number of additional terms were

suggested as necessary to define including:

mortgage,

mortgagee,

rights of land owners,

foreign interest,

foreclosure procedures,

alienation

land owners

interests

Economic use

Sustainable development

Additional terms have been added to

the strategy and where necessary,

additional terms can be added as

relevant to reform proposals that will

be the subject of consultations.

Objectives Why rele a t “e tors of “a oa? What relevant sectors? This is relevant to all of

Samoa.

‘efere e to rele a t se tors has

been removed.

In addition to economic growth, also need

to consider the impacts on environment

and culture. Government has an inherent

responsibility to consider impact on the

people of these economic developments.

Need to include and define sustainable

development and bring in these elements.

These issues are more appropriately

examined in the context of

consultations on reform proposals i.e.

when the C&C strategy is

implemented.

Principles Need to consult wide even beyond Samoa

as overseas Samoans have contributed

Consultation with diaspora is

specifically addressed in the strategy

Annex 4

2 | P a g e

through remittances towards economic

development.

Discussions and consultations must include

those overseas Samoans and being

inclusive.

and is based on the views of those

consulted in the design of this

strategy.

The overwhelming view of Upolu and

Savaii village representatives is that

overseas diaspora and matai should

be informed about proposed reforms

through government communications

and through their families based in

Samoa but if they wish to have a

voice, they need to come to Samoa to

participate in consultation meetings.

The C&C Strategy on proposed

reforms for strengthening mortgaging

of leasehold interest in customary

land will give maximum weight to

ie s arisi g fro “a oa s village/district consultation meetings.

Feedback received via other modes

(e.g. email) from groups or individuals

will not however be excluded.

Principle 6:

‘ather tha refer to Go er e t s capacity to implement the focus should

be who will implement the strategies.

CLAC o ly has 3 people so it o t ha e capacity to implement the strategy.

Suggestion – identify at the beginning

who will implement the strategy?

Suggest a multi-disciplinary team to

help implement the strategy

It s ot just the apa ity it s also a out politi al ill. It s ot just getti g people to come into town. Need to

give CLAC the resources and staff to

implement it.

Consultation is very expensive and that

needs to be taken into account in the

design of the strategy so that there are

resources to properly implement the

strategy.

CLAC will implement the strategy.

Implementation of this strategy will be

costed CLAC will then have to take a

decision on ensuring it secures

sufficient resources to implement

whatever strategy it puts forward.

CLAC has within its mandate the

ability to bring in people necessary in

order to deliver these items.

3 | P a g e

Consider relationships between the

government agencies and the need to

utilise existing consultation systems

and processes and take that into

account in this consultation strategy.

…is there opportu ity for stakeholders to caucus before consultation meetings are

held? As per Principle 3 and 6, should t there be opportunity for stakeholders to

do their own preparation beforehand so

that they are well informed?

The principle is about ensuring the

public can engage from an informed

basis thus the onus is on CLAC to:

a. disseminate good information in

advance of consultations

b. Ensure the public have sufficient

time with the information before

consultation meetings are held

and their views sought.

Additional text has been added to the

strategy u der the headi g Ho communications and consultation will

e deli ered to stipulate the minimum period of time that must be

given to the public to read and

understand subjects being consulted

upon, prior to consultation meetings

being held.

Minimum

standards and

requirements

Minimum requirement 6 – seek

clarification as to whether we are limited

by that reference or open to wider support

by government.

This strategy should include capacity

building of CLAC.

Savaii and Upolu village reps expressed:

Consultation should be carried out

at the village or district levels.

Adequate time should be taken to

consult

The Strategy costing will include

human resources, skills and financial

resource requirements.

CLAC will determine approach for

either village and/or district/s level

consultations by finding the best

balance between the gravity of issues

being consulted upon and resource

constraints. CLAC will also monitor the

implementation of consultations and if

necessary determine need to extend

timeframes for discussions and/or

receiving feedback.

4 | P a g e

Steps for

development of

strategy

Given that this is about Samoa, is there an

a e ue for pri iple of fesulifai faalaau a afa ? The ature of “a oa

consultation is time consuming until e maua

se tasi. Will current strategy accommodate

the nature of true Samoan consultations?

Time should be given if there is a

particular issue of importance that

requires further time for consultation

and discussions. These

determinations will be made by CLAC

on a case by case basis.

Annex:

Communications

component of

the strategy

A range of issues were identified as needing to be clearly communicated and

understood. Issues that are relevant to proposed reforms will be addressed in the

context of information materials developed by CLAC and distributed to the public in

a public consultation document/s. With reference to subjects that should be

addressed in the communications strategy, stakeholders identified the following:

What does it mean to mortgage the lease interest in customary land and what

are the implications on customary land where lease interest is mortgaged?

The relationship (if any) with other legislation e.g. Lands and Titles Registrations

Act 2008; Constitution Act 1961; Strata Act, Property Law Act 1952

How will rights of customary land owners be protected?

What happens in the event of default on mortgage payments by lessor

What powers are given to Minister and is there an obligation on the Minister to

consult customary land owners before granting lease to investors

What is the effect of Section 15C of the CLAC Act and is this consistent with the

Article 102 of the constitution

“a o a d their right/authority to e ter i to lease arra ge e ts a d the rele a t role of the Lands and Titles Court

Defi itio of ter s su h as perpetual o ers a d ho are perpetual o ers . Attachment to

Draft 2.2 of the

C&C Strategy

The attachment to Draft 2.2 of the C&C Strategy responds to how consultations will

be conducted and proposes a series of meetings with specific sectors and

organisations.

Promoting Economic Use of Customary Lands: Communications and Consultation Strategy 2016

Draft costings

Delivery Vehicle Purpose Completed

by

Respons

iblity

Resources and Costings in $ST Estimated budget $USD

LWG Confirm proposed suite of policy

and legislative reforms

15 June TA/CLAC LWG $2000

Website To provide an information and

communications vehicle

30 July TA Website and brand design

Capacity to monitor and respond to

enquiries via website

Capacity to govern and manage/upload

content

Nil short term cost. MNRE to

create a page for CLAC within

MNRE website in the short term

and monitor and manage on

behalf of CLAC.

Policy TA Develop and finalise Public

Consultation document

comprising four chapters.

30 July Policy & Legal TA to produce consultation doc

20 days for any public consultation document

drafting not already covered by existing TA.

10 days to translate

Consider incorporating into

Legal advisor and Proj Manager

ToRs

Translation - $2,800

When consultations have closed,

collate feedback from

consultations and prepare

summary for public release.

14

November

TA/CLAC 5 days to bring together detailed feedback

7 days to prepare summary for public release

6 days to translate detailed feedback and

public summary


Legal Advisor/Project Manager

ToRs

Translation - $480.00

Fact

sheets/FAQs

Between 15-20 as specified in

strategy to support consultation

on proposals. Includes

information sheet on the

consultation and how to engage.

16

September

TA

/CLAC

TA x 30 days (2 days per fact sheet/FAQ).

Translation of fact sheets/FAQs.


Legal Advisor/Project Manager

ToRs

Translation - $3,600

Video footage CL owners with existing leases

and associated developments

20 Sept AV

Produce

r

TA to develop story board and manage

production

Videographer

Interviewer

transport

$8,000

With English/Samoan sub-titles

CL expert and financial sector

expert – FAQs

20 Sept AV

Produce

r &

CLAC/Project Manager TA to draft Q&A

script

Interviewer

Experts

$2,000 (videographer)

With English/Samoan subtitles.

Annex 5

intervie

wer

TV Launch - E te Silafia/Lali 1 October TA/CLAC TA to develop story board for TV and radio

launch. (5 days)

TA: To script interview questions and

answers (TV and radio) (10 days)

Television time @ $3500 per segment.

$2760 (wst 3,500 per program)

E te Silafia/Lali – explain

proposals and cover FAQs

15 October TA/CLAC $1380

E te Silafia/Lali – explain

proposals and cover FAQs


E te Silafia/Lali – Summary of

feedback received

14

November

TA/CLAC $1380

Radio Launch 1 October TA/CLAC Radio time – $800 per session $320

Explain proposals & talk back

twice per week


Explain proposals & talk back

once per week


Summary of feedback received 14

November

TA/CLAC Nil CLAC to summarise

News Paper Spread for launch 1 October CLAC Feature article 400

Public notices 400

Consultation (16

meetings)

Core team:

1. Chair CLAC

2. CLAC

Commissioners

3. CLAC

Secretariat

(Tuloa)

4. Project

Coordinator

5. Comms TA

6. Policy/Legal TA

7. MNRE reps

Itumalo mavae (supra districts) x

11

1-31 Oct Core

team

Venue $200 x 11

Catering $20 x 1000 participants

Transport $30 x 1000 participants

$21,300.00 (costs)

$10,000 – team transport and

accomm

Existing customary land lease

holders and leases

1-31 Oct Venue $300

Catering $20.00 x 60

Transport $30 x 60

$1320 (costs)

Banking/financial institutions 1 – 31 Oct Venue $200


$400

Government 1-31 Oct Venue – donated?


$320

Multi-stakeholder meeting

(catch-all) in Apia

1-31 Oct Venue - $200

Catering - $20.00 x 60

Transport - $30 x 50

$1160

TOTAL USD $62,040

C&C Strategy - Monitoring & Evaluation (M&E) Framework

C&C Strategy: Monitoring & Evaluation (M&E) Framework

INDICATOR TARGET

DATA SOURCE

How will it be measured?

FREQUENCY

How often will it be

measured?

RESPONSIBLE

Who will

measure it?

REPORTING

Where will it be

reported?

Objective

To ensure that the people of Samoa

can have a say and can effectively

contribute to the development of

policies and legislation providing for

the economic use of customary land.

Number of people who turn up to


70% of

invitees

Participant attendance list.

Number of document downloads

from website

Completed feedback forms (currently

called evaluation forms).

C&C evaluation form

Each meeting CLAC Sec

Quarterly to CLAC

Commissioners

and as part of the

aggregate annual

report

Number of people who felt they had

an opportunity to have their say

80%

Minutes of consultation meetings. 100% Minutes of meetings on file. Each meeting CLAC Sec

Principles

Transparency

Transparency: Stakeholders are

informed of key issues that arose from

co sultatio s a d CLAC s respo se to those.

100% ‘espo ses to Key Issues docu e t disseminated to stakeholders is on file

along with list of stakeholders it was sent

to.

At the end of each

round of

consultations.

CLAC Sec

Minimum Standards

Relevant stakeholders

identified

Information received by

stakeholders two weeks prior

to consultation meetings.

Stakeholder analysis conducted for

each set of policy/legislative reforms.

100% Stakeholder Analysis document for each

consultation strategy is on file.

Each set of

policy/legislative

reforms.

CLAC Sec

Information is prepared and delivered

to stakeholders two weeks ahead of


100% C&C Evaluation form Each meeting CLAC Sec

C&C Evaluation form Each meeting

Annex 6

Customary Land Advisory Commission

Consultation Evaluation Form

Thank you for taking part on this consultation. Your experience and feedback on this form would be greatly appreciated and will help us to improve

our consultations on important issues in future.

Date of Consultation meeting: ………………………………………………………………………

Name (Optional) ………………………………………………………………….. Village (Optional) ……………………………………………………………………

1. Did you know what the consultation meeting was about before you arrived? Yes / No

2. How did you hear about the consultation meeting? (please say who told you e.g. sui a le malo; matai o le

aiga; etc) ………………………………………………………………………………………………………………………………………….

3. Did you receive any written information about the issues that are being discussed at the consultation

meeting? Yes / No

If Yes: (a) Did you read the information?

(b) Did the information help you to understand the issues discussed at the consultation meeting?

Yes / No

Yes / No

4. Did you receive the information about issues being discussed at least two weeks before the meeting? Yes / No

If Yes: (a) was two weeks enough time for you to read and understand the information? Yes / No

5. Did you feel you had an opportunity to have your say about the issues being consulted about at the

meeting? Yes / No

If No: (a) how could we have run the meeting differently so that you could say what you wanted to?

(Write suggestion)……………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………….

Thank you very much for your participation.

Annex 7

Documents

Project Number: TA 8481 SAM Promoting Economic Use of ... · too to the ADB Project coordinator and Legal Advisors of the ADB project team who informed and provided constructive feedback