“The money prizes awarded to the winners were the actual approved prizes by the committee,”

The prize list read out during the night of the competition was the wrong list.

That’s the Samoa Tourism Authority’s (S.T.A) response to complaints from a fire knife dancer who claimed that he was short changed by $200 of his prize money.

The complainant is the third prize winner of the Teuila Fireknife dancing competition, Vaela’a Ilaoa.

He said it was announced that the prize money was $800. He only got $600.

Asked for a comment, Public Relations and Communications Officer, Su’a Hesed Ieremia said up to this point, Mr. Ilaoa has not made an official complaint with S.T.A.

But Su’a explained that the problem was the result of an incorrect list of prizes being read out by a member of the Fire Knife Competition organising committee during the night.

“The money prizes awarded to the winners were the actual approved prizes by the committee,” said Su’a.

The prize money announced at the prize giving presentation for first place - $1,500, for second place $1,000 for third place $ 800.

What the winners actually received according to Mr. Ilaoa; for first place - $1,000, for second place -$ 800 and for third place $600.

Su’a confirmed that these prizes were approved by the committee.

“Manu’s just the same. He stays with some old friends and they go outside playing touch rugby together. We were playing touch rugby together in our village at home”

It’s an international partnership that has combined some impressive numbers; two Rotary Clubs, three shipping containers, 1000 desk and chair sets, 20,000 books and over a million apples! Yes that’s right, apples!

Over the last year or so The Rotary Club of Stortford Lodge in Hastings, New Zealand have been volunteering their time to arrange the collection of assorted school furniture and reading books from local New Zealand colleges and primary schools.

They have now managed to complete the delivery of three full containers to the Rotary Club of Apia for distribution among schools in Upolu, Savai’i and Manono.

Getting the donated goods to Samoa was made possible through a partnership with a local company Emerson Transport Ltd and from Mr. Apple.

“We were fortunate to have the help and support from Mr. Apple NZ who kindly funded container freight costs,” says Brian McClay.

Mr. McClay heads International Projects for the Rotary Club of Stortford Lodge.

He is visiting Samoa with his wife Trish to coincide with the delivery of the third and final container, and has been working closely with

Apia Rotarian Louise Main in coordinating the distribution of the furniture and books.

They hope to try and visit some local schools with Louise before they head back to New Zealand on Saturday morning.

Mr. Apple representative Alistair Jamieson has also joined them on this trip and will be engaging in continuing meetings with government officials to discuss seasonal employment for Samoan citizens working for Mr. Apple.

Accompanying Alistair is his wife Liz who coordinates training and life skills for seasonal workers employed by Mr. Apple.

You may be asking yourself the question, who is Mr. Apple?

Exporting 25per cent of NZ’s apples, Mr. Apple is New Zealand’s largest vertically integrated grower, packer and exporter of apples and one of the largest employers of Samoan citizens working temporarily in New Zealand under the

Recognised Seasonal Employers scheme (R.S.E).

“It’s another example of community spirit and fellowship working together for those in need,” says Apia Rotary Club President, Tony Callaghan.

“Despite the obvious distance between the two clubs and all the time and energy put in by members, keeping our eye on the goal and understanding the genuine benefits this partnership can bring to our schools here in Samoa is what drives a successful project like this.”

The Rotary Club of Apia wishes to thank Brian and Trish McClay, the Rotary Club of Stortford Lodge, Alistair and Liz Jamieson from Mr Apple NZ for all the dedication and support they have given to the school children of Samoa.

If you would like more information regarding this project or if you are interested in becoming a Rotarian here in Samoa please contact us with an email to susanf.rotary@gmail.com. You can also visit our website or follow us on Facebook.

“Manu’s just the same. He stays with some old friends and they go outside playing touch rugby together. We were playing touch rugby together in our village at home”

The Minister of Agriculture, Le Mamea Ropati Mualia, has hailed a new beginning for Samoa with the official opening of the Animal Product ion and Heal th Division Office at Vaea yesterday.

Le Mamea said the Office, relocated from Avele, signals a wonderful new start for the Ministry of Agriculture, which will eventually benefit livestock farmers as well as members of the public. The $2.3million project was funded by China.

As such, the Minister thanked the Ambassador of China in Samoa, Li Yanduan, as well as the people of China.

Le Mamea said the decision to relocate was not easy since the Office had been located at Avele for more than 40 years.

“In February this year, an agreement was signed between the two governments to lease off some parcel of land at Avele for their Headquarters while China funds the new A.P.H.D headquarters for $2.3million,” the Minister said.

The Office was constructed by Zhen Construction Company Ltd.

With the office completed, the only thing left is the road.

Le Mamea used the opportunity request assistance from fellow Cabinet Minister and Minister of Works, Transport and Infrastructure, Manu’alesagalala Enokati Posala.

The only thing left that needs to be improved is the road as you have all witnessed today, he said.

“So I am urging the Cabinet Ministers and also the Minister of Works and Infrastructure to please look into this matter as improving the road to the office is imperative.”

Le Mamea again thanked the government of China.

The Centre includes living facilities for expatriates and veterinarians working with M.A.F, as well as a meat processing operations where sausages and ham will be made.

The property will also include a fenced off area for all the livestock cared for by the division such as cattle, sheep, ducks, pigs and chickens.

The core function of A.P.H.D is to undertake Research and development and provide technical advice on Animal production and health and meat inspection services to improve livestock production for subsistence and commercial producers, processors and marketers.

“The risk runs high that benefits will flow not to local communities, but to foreign investors and national elites, with short-term monetary gains to individuals vested with unfettered powers over our lands” – Chiefs tell A.D.B.

A group of village chiefs has warned the Asian Development Bank (A.D.B) that the alienation of customary land in Samoa could lead to “social unrest, conflict and violence.

What’s more, they claim that Samoans stand to face “dispossession from potentially large-tracts of land, foreseeably resulting in loss of income, threats to food security and impoverishment.

The warning is contained in the official complaint by the group submitted to the A.D.B at the beginning of the month.

A copy of the complaint has been obtained by the Sunday Samoan. It has also been made available online.

The group is made up of Fiu Mata’ese Elisara, of Sili, Leuluaiali’i Tasi Malifa, of Afega, Telei’ai Dr. Sapa Saifaleupolu, of Samatau and Lilomaiava Ken Lameta, of Vaimoso and Safotu.

They are objecting to a series of A.D.B-backed reforms that could lead to the alienation of customary land. They claim the reforms are already taking place, including a multi-million-tala agribusiness support project that was recently signed.

As of yesterday, the group is adamant that if their grievances are not adequately addressed by the Bank, they will take the matter to the International Human Rights Court.

Leuluaiali’i, who is a lawyer by profession, maintains that land for Samoans – and anyone else for that matter – is an issue of human rights.

When the official complaint was filed on the eve of the S.I.D.S. conference in Samoa, the Sunday Samoan contacted the A.D.B for a comment.

In response, A.D.B’s Senior External Relations Officer, Sally Shute-Trembath wrote: “Thanks for the opportunity to comment on your story. I will contact our Samoa country team leader for comment and get back to you.”

That was on Saturday 30 August 2014. At press time last night, the Bank has not delivered on that promise.

Asked for an update, Fiu confirmed that they have been communicating with the Bank’s Senior Facilitation Specialist with regards to their complaint. He, however, was not at liberty to divulge the subject of their communications.

Meanwhile, Fiu reiterated that they remain gravely concerned that the reforms, which have been carried out without meaningful consultation of Samoan people, could have the effect of individualising control over land throughout the country, and ultimately placing large tracts of land in the hands of banks.

Fiu reminded that 80 per cent of land in Samoa is governed under customary systems, “which entail collective ownership.”

According to the official complaint, the group objects “to the A.D.B’s determination to dispense with our customary laws and systems.”

The group notes that such systems have for years “successfully safeguarded the interests of the aiga … in the interests of expediently transforming land parcels into commodities to be absorbed by global financial markets.

“The risk runs high that benefits will flow not to local communities, but to foreign investors and national elites, with short-term monetary gains to individuals vested with unfettered powers over our lands,” the complaint reads.

“Meanwhile, members of our aiga will face dispossession from potentially large-tracts of land, foreseeably resulting in loss of income, threats to food security and impoverishment.”

“It is also foreseeable that such fundamental transformations to customary land tenure will lead to social unrest, conflict and violence. We again point to recent scandals in Papua New Guinea to underscore the material nature of these risks.”

“Our customary systems of consensus building may be slow and frustrating in the eyes of the financial market, but they safeguard our rights and help ensure the equitable distribution of land and its benefits. It is these systems that have ensured our survival as a people into the 21st century.”

“While financial markets thrive on systems that facilitate swift and seemingly simple land transactions, the Samoan aiga does not.”

The official complaint in full is published below:

Complaints Receiving Officer Accountability Mechanism Asian Development Bank 6 ADB Avenue

Dear Complaints Receiving Officer,

1. We, the undersigned complainants are matais and high chiefs, who are deeply concerned about the individualization, financialisation and alienation of customary land that is occurring under the guidance of the Asian Development Bank (ADB)’s Technical Assistance Promoting Economic Use of Customary Land project, which has been carried out without meaningful consultations across Samoa. We also object to the Agribusiness Support Project, which appears to be aimed at further encouraging the financialization of arable land under customary tenure, without appropriate mechanisms to ensure that benefits flow to local families and villages.

2. The cumulative long-term impact of these ADB interventions will be severely detrimental to our people, including land alienation and dispossession. These reforms are incompatible with the indigenous culture and political institutions of Samoa, and they are inconsistent with the needs and aspirations of the Samoan people.

3. We believe that these harms and anticipated harms have resulted from ADB’s failure to comply with its policies and procedures. We note in particular that the ADB failed to conduct appropriate environmental and social due diligence, to undertake meaningful consultation, and to trigger the policy on Indigenous Peoples in non-compliance with the Safeguard Policy Statement (SPS) and OM C3: Incorporation of Social Dimensions into ADB Operations. This failure has meant that critical procedural and substantive protections have been absent throughout the reform process, despite the fundamental and adverse changes being imposed on fa’aSamoa, our way of life. Moreover, it has meant a missed opportunity to achieve the laudable goal of promoting economic use of customary land, through culturally, socially and politically appropriate development inputs and support, without meddling with our tenure system.

4. We request that you send all correspondence on this matter to Mr. Fiu Mata’ese Elisara (fiuelisara51@yahoo.com); Mr. Leuluaialii Tasi Malifa (vaoga@yahoo.com); Mr. Lilomaiava Ken Lameta (kslameta9585@gmail.com); and Dr. Telei’ai Sapa Saifaleupolu (s_saifaleupolu@yahoo.com.au). We have prepared this complaint with support from Inclusive Development International (IDI). We request that you also include Natalie Bugalski, Legal Director at IDI, (natalie@inclusivedevelopment.net) in correspondence regarding this complaint.

5. The complaint is organised as follows: Section I describes the projects that are the subject of this complaint; Section II explains the anticipated harms; Section III sets out ADB’s non-compliance with its policies and procedures; Section IV describes the remedies we are seeking from ADB; and Section V describes our unsuccessful effort to address our grievances with the ADB, resulting in the submission of this complaint.

I. The Projects: Promoting Economic Use of Customary Land TA and Agribusiness Support Project

6. In 2013 the ADB approved the provision of technical assistance (TA) on a grant basis to the Government of Samoa for Promoting Economic Use of Customary Land, Phase III. The TA follows two preceding TAs, Phase I and II, which make up the overall project. The first TA of the series aimed to “increase the efficiency and effectiveness with which landowners and investors (domestic and foreign) implement agreements to utilize customary land for economic purposes.” Specific expected outputs included legislative reform and public education towards this end. The expected outcome of Phase II was an improved customary land-leasing framework to be reflected in an expansion in the types of collateral available, and the increase in the number of leases awarded and the amount of leasable customary land available to be utilized for economic purposes. A main output of Phase II was the establishment of the Customary Land Advisory Commission (CLAC), to advise the Government on customary land reforms, lead the implementation of activities and coordinate all customary land stakeholders. Other expected outputs included the establishment of a “one-stop shop to improve services to the community on customary land matters and to be the primary source of information on options for economic development” and a “functional database of leased and leasable land, through developing a registry of customary land.”

7. The current phase of the TA builds on the previous phases by aiming to improve access to credit for business investment. The expected outcome of the TA is “the use of customary land leases as collateral.” One of the main obstacles identified by the ADB to achieving the goals of the TAs is the reluctance of commercial banks to provide mortgages over customary land leases because of perceived “legal ambiguity.” The TA outputs are thus aimed at addressing this obstacle. Under the TA, the CLAC will work closely with the ANZ Bank, an unnamed overseas investor and the Government to broker a mortgage deal in order to establish a precedent. The second output is the establishment of a leasing framework to, inter alia, facilitate registering and publicizing a security interest and repossessing and reselling the lease in the event of default.
 
8. In 2014 the ADB approved a US$5million dollar grant to the Government of Samoa for agribusiness support. In addition to technical assistance and business support, the grant provides for $2 million in collateral matching and $1 million in equity to be lent by financial intermediaries for qualified loans to promote export oriented agriculture. The Project Administration Manual confirms that questions about land control and customary land tenure are central to this project. It states that: “land and questions of authority over it are very common sources of disputes within extended families, and of conflicts within villages. Recognition of these issues, and provisions for overcoming any obstacles they present to private enterprise, will therefore be essential for success for agribusinesses that depend on village land or small holders.”

9. It is clear that the proposed project aims to contribute to a system of individualization and financialisation of customary land through the provision of financing to promote commercial agribusiness on leased parcels. The project, in conjunction with the series of TAs, therefore has profound implications for customary land tenure in Samoa. Due to the strong linkages and interdependencies of these projects, and their anticipated cumulative impacts, both - the series of TAs and the FI project - are the subject of this complaint.

II. Anticipated Direct and Material Harm

10. Land is an integral aspect of Samoan identity. The customary land tenure system guarantees a durable and lasting security for all Samoan people. It provides eligibility for all members of an aiga (extended family) to reside on and use family lands. The system disallows individual ownership of land even for the sa’o (paramount chief) of the family. Rather it treats land as the perpetual property of the whole family and regards the paramount chief as the trustee. The system allows for equitable allocation of family lands to all its members thus availing ample opportunities for all to provide for their needs through subsistence and commercial development.

11. Land alienation for economic development is incompatible with our system of customary land tenure. Leasing of customary lands is not forbidden per se and the practice is not new: leaseholds have been legally recognized and regulated by the 1965 Alienation of Customary Lands Act (the Act). However, leasing of land to outsiders for long durations - as would be necessary to secure a mortgage - comes perilously close to land alienation, forbidden by our customary laws as well as the Constitution of Samoa. Vesting unfettered power to enter into long-term lease agreements to be used as collateral in a single aiga member with authority, the matai or sa’o, in a manner that bypasses traditional consultative and consensus-seeking processes is tantamount to alienation of customary lands. This is the hidden danger.

12. A 1966 Amendment to the Act empowers the Minister of Lands, Surveys and Environment to grant a lease over customary land “for an authorized purpose approved by the [same] Minister” without the permission of the landowning group. Under ADB-driven reforms, the Act has now been further amended to legalize mortgages over leases of customary land granted by the Minister. This amendment, with undeniably fundamental implications for customary land tenure, was snuck in as a final provision of the Customary Land Advisory Commission Act (2012), which otherwise has no direct relevance to the 1965 Act. With the powers vested in the Minister already susceptible to significant risks, these reforms allowing leasehold mortgages - without any consultation whatsoever with the aiga - are exceedingly imprudent. In addition to destroying our time-honoured customary system of social welfare, the reforms expose land transactions to manipulation and corruption, as has occurred in the similar Special Agriculture and Business Leases (SABL) system in Papua New Guinea.

13. We are also concerned about the complete silence in all documents on the issue of improvements to land made by the lessee, which are likely to be financed through a mortgage. Will the land-owning group be responsible for compensating the lessee for these improvements at the end of the lease as a condition for regaining control of the land? In cases in which the Minister enters into lease agreements on behalf of land-owning groups, communities will have no control whatsoever over terms of the lease, including in relation to such issues.

14. For the reasons above, the ADB-backed reforms aimed at establishing such a system in Samoa are repugnant to our customary land tenure laws, and their entrenched protection under the Constitution. We note with concern the ADB’s evident failure to respect or comprehend the importance of customary processes to ensuring equitable and sustainable access to and use of land and natural resources, as evident in the following passage from the phase III TA Report:
There is...high demand for customary lands from foreign investors. However, the landowners need to organize themselves to take advantage of this. The Alienation of Customary Land Act, 1965 recognizes that the matai (family chief) can, on behalf of the family, offer to lease the family’s customary land should there be an interested investor. However, while the land is registered in the name of the matai, the legal system recognizes all members of the group as owners. Any dealing with foreign investors therefore requires that all members of the landowning group are identified and have their names recorded on any land dealing, and all members of the landowning group (including absentee owners) must consent to any dealing. These requirements prolong the approval process and discourage long-term land development.”

15. We object to the ADB’s determination to dispense with our customary laws and systems, which have successfully safeguarded the interests of the aiga for millenia, in the interests of expediently transforming land parcels into commodities to be absorbed by global financial markets. The risk runs high that benefits will flow not to local communities, but to foreign investors and national elites, with short-term monetary gains to individuals vested with unfettered powers over our lands. Meanwhile, members of our aiga will face dispossession from potentially large-tracts of land, foreseeably resulting in loss of income, threats to food security and impoverishment. It is also foreseeable that such fundamental transformations to customary land tenure will lead to social unrest, conflict and violence. We again point to recent scandals in Papua New Guinea to underscore the material nature of these risks. Our customary systems of consensus building may be slow and frustrating in the eyes of the financial market, but they safeguard our rights and help ensure the equitable distribution of land and its benefits. It is these systems that have ensured our survival as a people into the 21st century. While financial markets thrive on systems that facilitate swift and seemingly simple land transactions, the Samoan aiga does not.

16. As observed of ADB project documentation by Samoan scholar Elora Raymond: Nowhere in these reports is there a description... of the way in which communal tenure services as a social safety net, sits at the core of the political structure, and underpins social relations of familial and neighborly obligation. There is no discussion about how to constitute financial subjects, encourage educated borrowing and credit worthy behavior in a country where, to this day, even personal items such as jewelry, clothing and shoes flow like library books throughout the aiga. Cultural attitudes towards ownership are effaced and land tenure is presented as akin to a textbook case or a blank slate upon which reform will be enacted.

17. Professor Iati Iati of the University of Otago, New Zealand, describes the deep-seated implications for Samoa of alienation of lands under customary tenure, beyond the anticipated direct socio-economic impacts for communities. Professor Iati explains that: ...the repercussions will extend beyond being a land ownership issue. Instead, it will have very significant implications for the traditional Samoan political framework. This comprises the customary socio-political practices and institutions that Samoans believe were in place prior to contact with Europeans, and which have been incorporated into their contemporary political framework on this basis. The traditional political framework applies primarily to the local governance sphere of the nu‘u (polity), which is made up of āiga (extended families) whose origins and/or roots have been intertwined into the fa‘alupega (constitution) of a nu‘u. During pre- contact times, nu‘u were autonomous political entities, and despite the formation of a national political domain in 1962, which introduced a national government, many still operate as if their autonomy and independence remains unchanged (Iati 2007). Land forms the foundation of this framework; it is attached to suafa (titles), which are owned and controlled by āiga and nu‘u. Āiga and nu‘u bestow these on individuals who they elect to be their matai, and the suafa gives the matai the authority to govern the lands associated with the suafa. If land is separated from suafa, then the āiga and nu‘u lose control over these lands, because their ownership is based on their control of suafa. Consequently, their authority in the political arrangement pertinent to this governance sphere is undermined.

18. Professor Iati concludes that without this authority, “the role and existence of the nu‘u and āiga as pillars of governance in Samoa will rest on precarious foundations.”

19. We regretfully note that the superficial and depoliticized analysis contained in the ADB project documentation fails completely to grasp these socio-political dimensions and risks of the reforms. The passage (above) from the Phase III TA report expresses a clear intention to not only have land registered under the name of an individual, but for the legal system to empower the individual to unilaterally lease tracts of land, without limits to size or duration. Pursuant to the Land Titles Registration Act of 2008, leaseholds over customary lands are to be registered in much the same way as ownership rights. Despite ADB’s attempts to differentiate this set of legal processes from those that would facilitate alienation of customary land through outright sale, we are convinced that the effect is one and the same.

20. The current TA’s objective of facilitating access to credit through the use of customary land leases as collateral - by establishing a precedent transaction between a foreign investor and a foreign Bank and establishing a framework to facilitate repossessing and reselling the lease in the event of default - serves to exacerbate the social, economic, cultural and political risks of the reforms to date. As one measure of the risks involved, we point to the high rates of default on loans by indigenous Samoans: The ADB reported that 46 percent of loans in its small business loan guarantee scheme were in arrears or foreclosed by completion of the project, and in the nine months after the project was completed the number of loans in arrears had increased by 50 percent.21 If defaults occur, foreign banks that own the debt can seize decades-long leases over large tracts of customary land. This is not the path to economic and financial development of Samoa that we elect to take. Instead, this is the path to alienation; deprivation and marginalisation that is reflective of the experience of the Hawai’ian people, Tahitians and the Kanaks of New Caledonia.

To be continued ...

“The Pacific Island countries are very small and no one hears us,” she said. The opportunity to protest at the doorsteps of the fossil fuel industry in Australia is a major milestone.

The fossil fuel industry must keep 80 per cent of its proven reserves in the ground to slow down global warming.

And in a bid to protect Pacific Island Countries from the impact of climate change, a group called 350Pacific is organizing a protest in Sydney Australia next month. The event is part of the “Stand up for the Pacific” approach in the fight against climate change.

Twenty-four-year-old Raedena Solomona, who is a member of the Samoa Victim Support Group Juniors, will take part in the event. She will be accompanied by another S.V.S.G Junior member, Junior La’aloi.

The pair will be protesting along with other young people who are members of 350Pacific who will be there to defend peacefully the dignity of Pacific Island countries by highlighting the direct impact of Australian fossil fuels on Pacific island countries.

So what is 350 Pacific?

It is a youth led grassroots network linking with communities to fight climate change from the Pacific Islands.
350 Pacific works with organizers across 15 Pacific Island nations to highlight the vulnerabilities of island countries to climate change at the same time showcasing their strength and resilience as a people.

The organization’s work also includes mobilizing the warriors of the Pacific Islands to challenge the fossil fuel industry.

Samoa’s warriors are Solomona and Laaloi. Part of their trip to Sydney will include spending time connecting with local Pacific communities and the wider public sharing their stories and raising their voices to fight peacefully for Samoa and other countries facing the same predicament caused by climate change.

Ms. Solomona expressed pride in being a Samoan warrior and representing the SVSG Juniors that will be taking part in this very important event.

She looks forward to the opportunity to learn from others at the event what they will be bringing into the fight against what is happening right now in the many Pacific Island communities as a result of climate change.

“The Pacific Island countries are very small and no one hears us,” she said. The opportunity to protest at the doorsteps of the fossil fuel industry in Australia is a major milestone.

“It is not for us but our future generations - what we reap now is what they will sow in the future.”

Samoa Stationery and Books’ (S.S.A.B) branch in Savai’i has relocated from the Bluebird Mall, where it opened in 2011, to the ANZ Building at Salelologa.

The official opening on Friday was attended by guests, friends and supporters of the S.S.A.B over the years.

Among them was Pastor Joe Amosa, Superintendent of the Assemblies of God Church, Samoa who congratulated Managing Director, Fiti Leung Wai.

“Many people have established businesses to become billionaires; this is why they do not succeed,” Superintendent Amosa said.

“As for S.S.A.B, Fiti created this business so she could help and serve our people. This is why S.S.A.B is a successful business. Those who have the heart to serve will be blessed.”

Chief Executive Officer of the Ministry of Education, Sports and Culture (M.E.SC), Matafeo Tanielu Aiafi said SSAB has been of great help to the development of education in Samoa.

“S.S.A.B has held so many promotions for schools and they have helped M.E.S.C by making sure that sufficient educational resources are available and affordable,” said Matafeo.

“Partnerships between government ministries and private businesses are very important as the government cannot promote and develop education in Samoa alone, and Fiti has helped tremendously with the education for the children of Samoa.”

Matafeo also highlighted the importance of having a good bookshop like S.S.AB, recalling his school days where only kids from wealthy families had textbooks.

For Mrs. Leung Wai, the relocation in Savai’i is only the continuation of her company’s mission to help Samoa.

Acknowledging everyone who assisted with the relocation and customers for supporting S.S.A.B’s branch in Savai’I, she also thanked the owners of Bluebird Mall as well as the ANZ Bank for the opportunity to rent at their premises.

Father Mikaele Lafaele, the parish Priest at Lano, cut the ribbon, before guests were invited to tour the shop.

Tofilau Moeloa, who was the representative of principals, thanked Mrs. Leung Wai and her team.

“Those who are happy need to sing, that is why I am singing today because SSAB has relocated to a beautiful building and thank you for the free giveaways,” he said.

Before the establishment of S.S.A.B’s Savai’i branch, teachers from Salafai had found it difficult to travel to Upolu to get stationery and electronic products for their schools. The same difficulty was experienced by others including government ministries and private businesses.

In a statement from S.S.A.B yesterday, it says other companies also showed their support.

“Lene Leota of Siva Afi and his staff were there to demonstrate how to use their Siva Afi fabric paint which is sold exclusively at S.S.A.B.”

“ Siva Afi dancers also played the traditional drums and performed cultural dances for the shoppers. Digicel was there to promote their mobile phones which were selling as low as $39 tala per phone. Bluesky was also there to promote their

Blu Aria phones selling at very low prices. To the delight of the women of Salafai, Loralei’s Gift Shop has extended its product line to the S.S.A.B Savai’i branch offering lotions, seis, hair bands and more.”

Love was definitely in the air at Vaitele yesterday where two very special people committed to a lifetime of wonderful memories and togetherness.

After four years of courting, Key Iapena and Anita Viane exchanged vows before friends, relatives and guests at the Schwartz Construction compound, Vaitele.

Key Iapena is the eldest of Iapena and Maraea Tia’s five children. He hails from Vaitele.

Anita Lisette Viane is the eighth of nine children of Viane and Rosella Papali’i of Leulumoega and Vaitele.

John Papali’i conducted the brief but intimate service, uniting the duo in holy matrimony.

Through tears of joy, Anita said yesterday was a dream come true.

“I remember that we met during a youth gathering back in 2011,” said Anita.

“It was love at first sight and today and I thank God that I have found a soul mate, a best friend and most of all a life time partner.”

The couple acknowledged their families, friends and everyone who has supported them along the way.

“We both especially want to thank our parents for bringing us up and for making this day memorable.”

“We cannot repay all that you have done for us but our prayer is that may the Lord bless you in every way.”

The newlyweds plan to move overseas where they will start a family.

Samoa’s Police boat, formerly called the Nafanua, has played a big role in finding four American Samoan fishermen who had been lost at sea for more than ten days.

The Police boat located them last week.

“We are thankful for our Heavenly Father’s guidance and protection upon us, we are safe,” Tauaveave Lagai, of Ofu Manu’a, one of the four fishermen, told Samoa News.

The other fishermen were Talavou Fegaua’i of Faleniu, Nu’uuli Tupa’i of Pago Pago and Meleke Meleke of Nu’uuli.

Samoa’s Police Boat became involved in the search following a request from American Samoa.

The Territory’s Department of Public Safety Commissioner, William Haleck said the men were found between Samoa and the Swains Island.

The men’s return was sweet music to the ears of their families.

“They were tired, hungry and somewhat scared of what could have been the outcome,” said Julie Lagai, the wife of Tauaveave.

“But they had faith and belief that our Heavenly Father would not forsake them.”

Fighting back her emotions, Mrs. Lagai told Samoa News that she’s just thankful that her husband and friends have been found.

“I never lost hope… God has answered our prayers,” said. “I’m happy that my three children can now sleep at night knowing that their father is coming home.”

Through tears, Mrs. Lagai said she’s thankful to the Department of Public Safety and the Samoan government for their assistance.

She said as soon as she heard her husband’s voice, they both cried and said a quick prayer thanking God for his love and never ending protection.

As reported last week, Mrs. Lagai had been sitting at the Fagatogo ferry wharf with family members for days after her husband went missing.

Commissioner Haleck said at the time that DPS had reached out to the Samoa government for assistance in using one of their boats for the search as well as seeking assistance from the US Coast Guard for help in the search.

The youngest dialysis patient in Samoa, Lei’a Misa, might have been discharged from the hospital last week but her fight is far from over.

As a matter of fact, her condition is deteriorating.

According to Lei’a’s mother, Hana Misa, her daughter is unlikely to get better unless she finds a new kidney.

“My daughter is in so much pain,” said Hana.

“I feel sad every time I look at her. Even the doctors have been encouraging us to find her a kidney. They say that’s the only way she can be cured.”

Ms. Misa said her daughter is brave but she is afraid she will not be able to keep fighting forever.

“Right now Lei’a’s sickness is affecting her heart and also her livers so she is in twice as much pain.”

“I wish I could carry her pain for her because as a mother it breaks my heart to see her like this but there is nothing I can do.”

“I am only praying that someone out there will be able to donate a kidney for my daughter.”

“I know it’s hard and our family is asking so much from but this is our only hope and this is the only way that my daughter will be able to relieve from the pain that she is in right now.”

Ms. Misa is hoping that somewhere out there a Good Samaritan who will be able to help her daughter with a kidney so that she can live a normal life, free from the pain she is suffering now.

“…the latest restriction will push beyond small Unions like Samoa the ability to access the best elite players for the 2016, Olympics as well as making sure that eligibility rules are fair and transparent in any other form of the Game” – the Samoa Rugby Union

The Samoa Rugby Union (S.R.U) has lamented the “lack of justice and fairness” over the International Rugby Board’s (I.R.B) decision to tighten eligibility laws governing the game.

Prime Minister and the Chairman of S.R.U, Tuilaepa Sa’ilele Malielegaoi, makes the point in a statement issued yesterday about the I.R.B’s u-turn on legibility laws.

Last week, it was revealed that International Olympic Committee's widely discussed eligibility loophole, which allows players who have played Test rugby at any level for one nation to represent another if they hold that nation's passport, was tightened further by the I.R.B.

Previously, players who hadn't played an international for 18 months could participate in the Sevens World Series and become eligible to play for that same nation in all forms of rugby.

However, the I.R.B. now requires players to take the field in a minimum of four World Series tournaments for their conversion to be approved.

The Chairman of the I.R.B. Bernard Lapasset, defended the change.

"These rulings of the I.R.B. Regulations Committee will further assist our unions with their preparation and underscores our commitment to ensure a successful and spectacular Olympic Games debut at Rio 2016 and beyond," he said.

Not so, according to Tuilaepa.

The S.R.U Chairman said the “lack of justice and fairness in this amendment does not exemplify a fair level playing field nor encourage member unions to sustain support of the processes utilized in this case to arrive at such decision.

“In the spirit of Unions, having access to the best available to participate in the Olympics, Samoa would like to seek further understanding of how this process has come about.

“It is critical for fair representation of the national game, that all ethnic players have a fair eligibility process to qualify themselves for the Olympics in 2016 and beyond as expressed under the Olympic Movement Charter.

“The initial process of eligibility expressed by the IRB earlier this year and prior to this latest advice was judged as fair.

“Significantly the latest restriction will push beyond small Unions like Samoa the ability to access the best elite players for the 2016, Olympics as well as making sure that eligibility rules are fair and transparent in any other form of the Game.

“There should be one eligibility criteria for all forms of the game and 1 SWS Tournament should be sufficient for qualification. The Olympic eligibility rule should be the gold standard and adopted by other forms of the game.”

The statement from the S.R.U quotes Tuilaepa as saying: “Therefore I urged everyone to work towards protecting and promoting the ideals of the Olympics in rugby.”

“The International Rugby Board has toughened up on eligibility rules for players looking to switch allegiance in countries ahead of the 2015 Rugby World Cup. The World Sevens series has eight rounds so any player wanting to switch country would have to play in half of the Sevens events.

“The new rules further stated that players who start the process but do not complete it will be prevented from reverting back to their original country.”

The Minister of Public Enterprises, Lautafi Fio Purcell, has applauded the contribution of public servants to Samoa’s successful hosting of the S.I.D.S. conference at the beginning of the month.

The Minister commended public servants during the third annual Public Service Day celebrated in front of the government building last Friday.

“I wish to add my vote of thanks to those of our national leaders and from the international community, to all of you who helped make our hosting of the 3rd UN Meeting on S.I.D.S earlier this month an astounding success,” Lautafi said.

Such an achievement cannot be understated, he said.

“More so because it demonstrates that as a nation, whatever we put our minds to...we can and will achieve.”

The Minister said this is a comforting thought because it shows that Samoa can find the answers to the many challenges of today.

“Leaders show the way and inspire others to follow,” Lautafi reminded.

He added that “if we are clear and remain focussed on the goal, work together in genuine partnerships with our people, learn from the past and persevere – God willing, we will succeed, we will achieve.”

Here are some more photos from last Friday’s celebration.

The producer of the inaugural Samoana Jazz & Arts Festival, Peta Si’ulepa and Auckland-based musician and events producer, Cat Tunks, were in American Samoa recently.

They were there to check out the talent and venues for the upcoming islands of Samoa showcase of contemporary jazz and art.

The Samoana Jazz & Arts Festival will kick off in American Samoa from October 31 to November 2 before moving to Apia where international and local acts will be playing from November 7 – 9.

Venues include YNot Bar, Tanoa Tusitala Hotel, Home Cafe, Sails Restaurant & Bar and the restaurants/bars around the Marina.

The line-up of international acts is still being finalised and the headline act is expected to be announced next week.

So far, international bands that have been confirmed are Auckland‘s jazz fusion group, Black Sand Diva, the Wellington-based Samoan group, KABASA , top Australian funk/jazz man Max Stowers and his crew, and trumpet diva, Edwina Thorne.

Three American Samoan bands have also been signed. These include emerging roots, jazz/rock group, “Banned from the Sun” which Peta cites as a great example of the new generation of Samoan musicians from both countries that will be on show at the Samoana Festival.

“Their sound is fresh, their energy is powerfully contagious, they’re young and they deliver some slick, raunchy, spell-binding jazz fused with their signature rock style.”

Local acts include Shadze of Samoa and a selected line- up of bands from the Samoa Musicians’ Association and the wider music community. Young and emerging artists are a special focus of Samoana.

Peta chose the name ‘Samoana - all that is Samoan,’ for the festival to reflect the unity between the two Samoas.

“We want to connect Samoan artists and musos and audiences around the world with their heartlands,” she said.

“We are all Samoan, one people with one language and culture. The arts and music provide us with an expression of ‘all the things we are.’ Hosting and festivities are things Samoans do well and the festival gives us the platform to celebrate in the spirit of unity.”

Peta said that the world is looking for new destinations that are culturally authentic, natural, friendly and vibrant.

“Samoa is that place. We are the people to do it.”

“We wish to highlight that the A.D.B.-backed reforms appear to be in breach of constitutional protections of customary land. Article 102 of the Constitution prohibits the alienation or disposition of customary land or any interest in customary land. This includes prohibition of sale or mortgage of customary land or interests in it, and prohibition of land or interests in it “being taken in execution or be assets for the payment of the debts to any person on his decease or insolvency”

A group of village chiefs has warned the Asian Development Bank (A.D.B) that the alienation of customary land in Samoa could lead to “social unrest, conflict and violence.”

What’s more, they claim that Samoans stand to face “dispossession from potentially large-tracts of land, foreseeably resulting in loss of income, threats to food security and impoverishment.”

The warning is contained in the official complaint by the group submitted to the A.D.B at the beginning of the month. A copy of the complaint has been obtained by the Sunday Samoan. It has also been made available online.

The group is made up of Fiu Mata’ese Elisara, of Sili, Leuluaiali’i Tasi Malifa, of Afega, Telei’ai Dr. Sapa Saifaleupolu, of Samatau and

Lilomaiava Ken Lameta, of Vaimoso and Safotu. The first part of the complaint was published in the Sunday Samoan yesterday. This is the continuation:

THE OFFICIAL COMPLAINT
21. With Project 46436, Agribusiness Support Project, the ADB seeks to vastly expand the scale of collateralized lending to businesses using customary land as a primary input. Through the project, ADB shares risk with financial intermediaries; will it also share risk with the custodians of customary land when trying new development? If customary land leases are used as collateral for sub-projects, the financial intermediary and the ADB should have effective safeguards in place to ensure that the leases are of a short duration and emerge from a truly voluntary agreement with the free prior and informed consent of the land-owning group. If leases of customary land are used as collateral, this security interest should have a lower priority than other collateral in the event of foreclosure – the ADB should not prioritize the risk faced by financial intermediaries over that of customary landowners, for both practical and cultural reasons. Since the Environmental and Social Management System documentation has not been made publicly available, we fear that the system will not ensure such safeguards or identify and appropriately manage related risks. Any institutional support systems created should be built with sensitivity to the nature of customary land.

22. The ADB commits to supporting lending in a way that respects local context and custom, but also states: “Although land tenure no longer complies with traditional customs, no new laws have been established that define property rights in land classified as customary.” If, as this comment suggests, the ADB considers Samoan land to be customary ‘in name only’, then how can the ADB respect local context and custom? Has the project considered and addressed the risk of displacement and foreclosure from customary lands? Will financial intermediaries require that leases used as collateral are entered into a torrens land registry, contrary to our customary tenure system? We fear that the lack of consultation in this and other projects has led the ADB to form incorrect assumptions about the political, social, economic, and cultural role customary land plays in contemporary Samoan society.

23. Finally, we wish to highlight that the ADB-backed reforms appear to be in breach of constitutional protections of customary land. Article 102 of the Constitution prohibits the alienation or disposition of customary land or any interest in customary land. This includes prohibition of sale or mortgage of customary land or interests in it, and prohibition of land or interests in it “being taken in execution or be assets for the payment of the debts to any person on his decease or insolvency.” While Article 102 allows leasing of customary land, it prohibits alienation or disposition of the land from its rightful owners: the aiga – the entire kin group. The set of ADB-supported reforms that empower individual matai to enter into leases with outsiders and allow for the use of those leases as collateral to access credit violates the spirit and the letter of this fundamental constitutional provision. By virtue of Article 109 of the Constitution any amendment to Article 102 requires the approval of over two-thirds of the valid vote in a public referendum, in addition to the usual two-thirds support of Parliament. The importance of the protection of customary land tenure to the Samoan nation cannot be understated. Nonetheless, the ADB-supported reforms attempt to undermine and erode these Constitutional protections. Indeed, they violate the whole fabric upon which the Framers of the Constitution adopted Article 102 and doubly entrenched this protection of customary lands through Article 109.

III. Non-compliance with ADB Operational Policies and Procedures
24. We believe that the harms and anticipated harms described above are the result of ADB’s failure to follow its operational policies and procedures, especially in relation to the following:

Inadequate E&S due diligence:
25. The Safeguard Policy Statement (SPS) states that for all projects proposed for financing, ADB will conduct safeguards reviews as part of its due diligence. ADB is to confirm that “all key potential social and environmental impacts and risks of a project are identified; that “effective measures to avoid, minimize, mitigate or compensate for the adverse impacts are incorporated into the safeguard plans and project design”, and that “consultations with affected people are conducted in accordance with ADB requirements.”

26. ADB’s environmental and social due diligence for all TA phases was wholly insufficient and failed in respect of each of the above steps.

27. The Project Data Sheet for Phase 1 of the TA contains a short description of the Samoan system of customary land tenure and then goes on to describe the social issues related to the project as a “lack of public information on the practical workings of leasehold arrangements” and a “general perception that traditional landowners will not respect the rule of law if disputes arise.” Thus, it appears that the project designers identified the dearth of lease arrangements as the social issue rather than impacts on customary land tenure emanating from the TA. The treatment of social issues deteriorates in Phase II. The Project Data Sheet states in the section on social issues: “Promoting economic efficiency and enabling business environment, policy reforms and institutional development.” The section is left completely blank for Phase III. For all three phases the ADB determined that no issues arise relating to environmental aspects, involuntary resettlement and Indigenous Peoples.

28. Yet, social issues and concerns were identified early on during consultations undertaken under the TA projects. The Phase II TA Report cites, for example, “fears of alienation of customary ownership of lands”, “the rights of titleholders and heirs”, “rights of access to leaseholds”, and “the role of Government in the negotiation of leases” as concerns. These concerns, which should have been considered as having potential adverse social impacts and addressed accordingly, were not elaborated upon or dealt with through appropriate mitigation measures. The report states that the reform process must provide sufficient time for discussion with all stakeholders; however as explained below, the TA uses a community advocacy approach, rather than establishing a genuine process for meaningful consultations to shape reforms.

29. Rather than addressing the underlying concerns about adverse social impacts, project documentation identifies citizen opposition to the reforms as posing a risk to successful implementation, if the Government’s commitment to necessary reform is not strong enough to withstand adverse reactions. This risk is to be mitigated through an effective communications strategy. The ADB notes in relation to the Land Registration Act - the subject of a World Bank project, rather than the ADB TA - that:
Many fear that if the land is registered under the name of the matai of the day, the rest of the family risk losing their rights over the said land. The Government has continually assured the public that customary land will not be registered under the Torrens system as required by the Act. However, the Government should either incorporate such assurances through an amendment of the legislation, or propose an alternative registration mechanism like through a family trust arrangement. It is critical therefore that civil society and NGOs be engaged in discussions and consultations.

30. However, the ADB fails to articulate that the very same fear exists in relation to long- term leasing of customary land in the name of the matai of the day. Consequently it fails to incorporate its own advice to the Government in relation to mitigating social concerns and risks into its own projects. Instead, it once again relies on a “communications strategy [to] convey the message that mobilizing customary land for economic purposes is designed to deliver benefits to customary landowners and will not deprive them of their rights.”

Lack of meaningful of consultation:
31. The SPS states that for policy application meaningful consultation is a process that, inter alia, begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; provides timely disclosure of relevant and adequate information that is readily accessible to affected people; is gender inclusive; and enables the incorporation of all relevant views of affected people and other stakeholders into the decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

32. The process of consultation has failed to meet this standard throughout the three TA project phases and in relation to the Agribusiness Support project. The Phase I TA completion report notes that the original budget allocation for consultation was inadequate and needed to be revised. Then, rather than describing the activity as a process of consultation it refers to a “public information and education campaign to encourage landowners to lease customary land for economic uses.” The persuasive rather than consultative nature of the campaign is evidenced by the evaluation of outputs in the completion report, which opines:
While much has been achieved in stimulating debate on many issues concerning increasing economic use of customary lands, more must be done to advance the agenda and provide support for those who share the view that this is necessary for the social and economic development of Samoa. As the Government plans for changes are clarified, the public need to be informed of these changes and landholders and investors made aware of the opportunities that open up by developing customary lands. One of the priority recommendations of the program implementation plan is for effective and continuing community advocacy.

33. The shift to the term “community advocacy” rather than ‘consultation’ persists throughout phase II of the project. The Phase II TA Report notes that one of the lessons from the first phase was “an appreciation of the sensitivity of land issues,” which, the report says, requires a “gradual approach” and the need for ongoing and effective community advocacy.” This suggests the use of a public relations campaign to persuade Samoan citizens to support a predetermined set of objectives and outcomes rather than a meaningful consultation process leading to the consideration of legitimate concerns about adverse social impacts relating to land tenure and cultural identity. Fears of changes to customary land tenure systems and attendant adverse social impacts are further minimized and belittled by the single indicator used to measure the effectiveness of community advocacy: “increased number of requests from the public for information per month.” Although the Phase III TA Report states that consultations with civil society and NGOs will be done regularly, no detail or process is provided.

34. In practice, such discussions have not occurred, but have rather been filtered and diluted through the CLAC, effectively an ‘echo chamber’ for ADB technocrats. While the CLAC is ostensibly an advisory body, with a statutory function of consulting and advising the public, the reality is that there is no mandate for the CLAC to give advice that is contrary to the predetermined set of reforms - a condition of ADB loans - even if it finds there is a good reason to caution and advise Cabinet against the reforms.

35. Public consultation sessions that have been held were more like information sessions and did not solicit a range of views and opinions. These consultations occurred through the leadership of the Chairman of the National Council of Churches, which was not conducive to meaningful consultations because of the high degree of reverence to the church and respect for leaders, whose views people do not wish to directly oppose or challenge.

36. According to ADB’s website, the Government and civil society organizations (including the Chamber of Commerce, the Samoa Association of Manufacturers and Exporters, and the Samoa Farmers Association) were consulted during preparation of the Agribusiness Support Project. Despite the potential implications for customary land tenure, matai, crucial stakeholders, were not provided with any information or consulted prior to the approval of the project.

37. Even now that the project has been approved, several crucial pieces of information remain undisclosed, including the Environmental and Social Management System Arrangement and the Due Diligence of ANZ (Samoa). These documents represent important information for stakeholders, since without them we are unable to assess whether ANZ and other financial intermediaries are equipped to deal with social risks - including adverse impacts on land tenure or default on loans that could lead to the dispossession of aiga from parts of their customary land. The failure to make this information available to the public impedes meaningful consultation throughout the project cycle as required by the SPS.

38. As matais and concerned members of civil society, we have been patently marginalized from decision-making processes and have absolutely not been meaningfully consulted about these reforms.

Failure to apply Indigenous Peoples Safeguards:
39. The Indigenous Peoples Safeguards were not triggered for any of the TA phases nor the agribusiness project.

40. Pursuant to the SPS, the Indigenous Peoples Safeguards are to be triggered if a project directly or indirectly affects the dignity, human rights, livelihood systems, or culture of Indigenous Peoples or affects the territories or natural or cultural resources that Indigenous Peoples own, use, occupy, or claim as an ancestral domain or asset. The ADB Indigenous Peoples Good Practices Sourcebook clarifies that the Indigenous Peoples safeguards are triggered when a project has either positive or negative effects on Indigenous Peoples. There can be no question as to whether the TAs and the proposed agribusiness project affects customary territories, as they explicitly aim to do so. The fa’aSamoa and the customary tenure systems of the people of Samoa, and of each aiga, are extremely vulnerable to the very reforms being conducted by the TA.

41. The Samoan people self-identify as an Indigenous Peoples, and are regarded as such by the United Nations Permanent Forum on Indigenous Issues and by the World Bank, which has recently triggered its Indigenous Peoples Policy (containing an identical definition of ‘Indigenous Peoples’ to the ADB SPS), in relation to a project in Samoa called the Agriculture and Fisheries Cyclone Response Project. This project aims simply to assist farmers and fishers to repair/replace damaged and lost farm assets, and thus has far fewer implications for customary land tenure than the ADB’s projects that are the subject of this complaint. The World Bank’s Integrated Safeguards Data Sheet for the project states: “The inhabitants in Samoa are indigenous to the islands with customs and traditions that have largely remained intact and which are reflected in their current political and economic institutions such the village system and the traditional land ownership system based on customary laws.”

42. By failing to trigger the Indigenous Peoples Policy and take the appropriate measures that the policy requires, ADB has not complied with the requirements of the Safeguard Policy Statement (2009) and Bank Procedures on the Incorporation of Social Dimensions into ADB Operations (OM Section C3/OP).

Financial Intermediary Safeguards:
43. The ADB is required to conduct due diligence to assess potential social impacts and risks associated with a financial intermediary’s likely future portfolios. This should include potential impacts of subprojects (agribusinesses) on customary land tenure. According to the Initial Poverty and Social Analysis of the Agribusiness Support Project, the ADB categorized the Project as FI-C for involuntary resettlement and indigenous peoples indicating an assessment that there are minimal or no risks. The form asks whether the proposed project has “the potential to directly or indirectly affect the dignity, human rights, livelihood systems, or culture of indigenous peoples”; and whether it affects “the territories or natural and cultural resources indigenous peoples own, use, occupy, or claim, as their ancestral domain.” According to the form, Management does not believe that that the proposed project has the potential to have such affects. This is a clear mis-categorization given the obvious impacts on customary lands of the project, both alone and in connection with the set of TAs.

44. As an FI project, the FIs are required to have in place or establish an appropriate environmental and social management system (ESMS) commensurate with the nature and risks of the FI’s likely future portfolio. The project report states that the financing instruments will be open to all Samoan banks if they meet eligibility requirements and due diligence requirements including “adequate policies, systems, and procedures to assess and monitor the economic, social, and environmental impact of subprojects.” It also refers to the ESMS in paragraph 36 and 37, but no detail is provided. Given the fact that the key social risks - including the use of customary land leases as collateral without the free prior and informed consent of the aiga and default on loans that could lead to dispossession – have not even been identified in ADB project documentation, it is highly unlikely that an ESMS would apply effective safeguards to prevent these risks from materializing. Although we are not privy to ESMS documentation, we believe that it is probable that the ESMS of ANZ (Samoa), the predetermined FI for the project, is not appropriate or commensurate with the nature and risks of the likely portfolio, as required by the SPS, paragraph 65.

IV. Remedies sought
45. All further reforms should be halted and a full and meaningful country-wide consultation should be carried out by the ADB on reforms that it has supported and any future action or proposals, including actions underway or proposed under the TA Promoting Economic Use of Customary Land Phase III and Agribusiness Support Project. Consultations should ensure people across the country are aware of the reforms and actions and how they may be affected. People should have an opportunity to provide their opinions, which should be genuinely taken into account in decision-making. Importantly, the consultations should be structured in such a way as to encourage and facilitate the expression and discussion of a range of ideas and options for enhancing customary land productivity.

46. These consultations should be undertaken by an independent team, with financial assistance from the ADB. The consultation process must fully satisfy the requirements of ADB’s safeguards for Indigenous Peoples.

47. We further seek disclosure of all relevant documentation, including the Environmental and Social Management System Arrangement and the Due Diligence of ANZ (Samoa), as well as a commitment that this documentation will be made publicly available for all other financial intermediaries of the Agriculture Support Project. ESMS Arrangements should be subject to consultation with representatives of customary landowners.

V. Efforts to address our grievances with the ADB Operations Department
48. We have previously raised our concerns with ADB staff but have not received a satisfactory response. In a letter to ADB dated 19 December 2013, published in full by the Sunday Samoan Observer of 29 December 2013,38 we set out our concerns regarding ADB’s efforts to dismantle our system of customary land tenure. The letter was acknowledged by Caroline Currie, Head of Economics and Programming Unit for the ADB South Pacific Subregional Office, on December 27. Following three follow-up emails, ADB finally sent a substantive response to the letter two months later on 20 February 2014. The one-page letter was dismissive of our concerns and directed us to “speak with the CLAC” about them rather than ADB.

49. In a letter to ADB dated 3 August 2014, we set out our concerns regarding the Agribusiness Support Project. We were not aware that by that time the project had already been approved, and we requested that we be furnished with information and provided with an opportunity to provide our views. ADB responded on 7 August. The letter states that “ADB’s rigorous safeguards will be applied throughout the life of the project,” but no invitation was extended to us to express our views and no mention was made of consultations about the project.

50. Our letters of 19 December 2013 and 3 August 2014 and ADB’s responses of 21 February 2014 and 7 August 2013 are attached as annexes to this complaint.

51. We now request that the Office of the Special Project Facilitator attempt to find a solution to our grievances in the manner outlined in section IV. Should this process not be successful in addressing the problems to our satisfaction, we request that this complaint be forwarded to the Compliance Review Panel to investigate whether ADB has complied with its operational policies and procedures regarding the aforementioned projects.

Yours sincerely,
Leuluaialii Tasi Malifa - matai (chief) of Afega village, Upolu/lawyer/Libra Law
Lilomaiava Ken Lameta – chief of the villages of Vaimoso, Upolu Island/Safotu, Savaii Island/Veterinarian/Chairman of Board of Directors for Ole Siosiomaga Society Incorporated
Dr. Telei’ai Sapa Saifaleupolu – chief of the villages of Samatau, Upolu/consultant
Fiu Mata’ese Elisara – chief of the village of Sili, Savaii/Executive Director of Ole Siosiomaga Society Incorporated

Winning always feels good,'' 24-year-old Isabella Moore

A young Samoan, whose voice mesmerised hundreds at Leauva’a recently during the Opera Under the Stars Concert, has done it again.

This time, Isabella Moore, has won the Dame Malvina Major Foundation Aria Competition in Dunedin, adding that title to a string of other recent singing successes. ''Winning always feels good,'' 24-year-old Ms Moore said. She won first prize, the NZ$5,000 (T$9,000) Dame

Malvina Major Foundation award, from six fellow finalists, during the Senior Vocal Festival 2014, at the Burns Hall, First Church, Dunedin on Saturday.

Dunedin-trained bass-baritone Joel Amosa, of Auckland, gained second prize, the NZ$2,000 (T$3,600) Val Braumann Award.

The daughter of Johnny and Sina Wendt-Moore has music qualifications including a Bachelor of Music Degree, from the New Zealand

School of Music, Victoria University of Wellington.

She recently completed a Masters degree in Advanced Vocal Studies with Distinction, at the Wales International Academy of Voice under the tutelage of renowned tenor Dennis O'Neill.

Ms Moore recently won the prestigious IFAC Australian Singing Competition, and this year won the Lexus Song Quest.

It had been ''amazing'' to win the Dame Malvina Major Foundation award in Dunedin, she said.

The win was particularly significant because she had enjoyed previous success in foundation-backed events, and had gained scholarship support from the Foundation, she said.

She had been especially pleased to perform for leading Soprano, Marie McLaughlin, who adjudicated the competition.

Ms Moore aims to pursue a singing career based in the United Kingdom, and the recent competition success is helping her to achieve that goal, she said.

She was recently in Samoa for the Opera Under the Stars Concert where she lined up alongside Daphne Collins, Benson Wilson, Taunoa Filimoehala, Derek Wendt and Pianist, Juan Kim.

Members of the Police Force made a rare appearance in their white uniform on a weekday yesterday to honour the memory of their fallen comrades.

In the morning, hundreds of Police officers gathered at the Apia headquarters to commemorate Remembrance Day, dedicated to the memory of Police officers who died in the line of duty.

Acting Police Commissioner, Fauono Talalelei Tapu, said Remembrance Day was established in 2012.

 Remberance Day is an opportunity to reflect on the lives of the men and women who have given their lives to protect others.

Yesterday, the wives of four such officers were presented with certificates in honour of their services to the Ministry and to Samoa. The officers were; the late Inspector Lutz Keil, Senior Sergeant Alefaio Fetea’i, Senior Sergeant Su’a Kerupi Su’a and Sergeant Ieti Fiu.

Corporal, Sone Taliulu, who passed away in 2013, was also honoured.

This day is not only commemorated in Samoa, it is also a global commemoration.

“The Police Remembrance Day is not only to remember those who have died in the line of duty but also those who have retired or have passed away while still on the job.

“Rememberance Day is also acknowledges those officers who have moved on to Security Officer posts with United Nations in different countries.”

Acting Prime Minister, Tuisugaletaua Sofara Aveau, was present and he congratulated the Police officers for doing their jobs well.

Reverend Fiti Aloali’i conducted a prayer service.

The Police need your help to find an escaped convict.

Hans Apelu was among four prisoners who ran away from prison on Saturday morning.

This was confirmed by Acting Police Commissioner, Fauono Talalelei Tapu.

“Apelu escaped from Tafaigata with three others who were also waiting for their court appearances,” he said.

“Two were found at Vaitele and returned to Tafaigata on Saturday while Apelu and Lima Lausefo of Satapuala were not found.”

Yesterday, Lausefo was captured and returned to Tafa’igata.

But Apelu remains at large.

“We are doing our best to locate Apelu,” said Fauono. “The police have been working around the clock to try and bring him in.”

Fauono is urging the community to help.

Asked if they have a photo of Apelu, he said no. It was also not possible to establish at press time what Apelu was jailed for.

“We ask members of the public to approach with caution and be mindful that he could react defensively,” he said.

Fauono said members of the public should contact the police on 22222 immediately, instead of trying to confront the prisoner.

The descendants of the late Reverend John Sione Robertson and Auafa Robertson are gathering in Apia this week for their family reunion.

The happy gathering started on Sunday at the Matafele Methodist Church where the late Rev. John Sione and Auafa Robertson served as Ministers from 1933 to 1938.
Yesterday, the reunion moved to the Wesley Motel at Tuana’imato where they welcomed relatives from overseas during a traditional Samoan ava ceremony.

Family member, Filipo Strickland said the last family reunion was held in New Zealand three years ago. “This is a very special time for our family,” Mr. Strickland said.

“With members of the family growing by the year, the hope of our gathering is to foster and renew our relationships with our family members so we can strengthen the bond of family over the years. “It is good for young people to know their origins and roots. It’s good for them to be taught about who their parents, grandparents and great grandparents are.”

Mr. Strickland said there are several generations of the family present at the reunion. “It has been such a great opportunity for us to bring together our children and our parents, many of them are still alive right now.”

The gathering ends on Thursday after a Ball on Wednesday night.

“To those of you have been selected, take the opportunity with both hands and bring home the glory our people expect from you,” he said. “Do the best you can. Be strong and go hard.”

Use the opportunity wisely and do your best.

Those were the parting words from Acting Prime Minister, Tuisugaletaua Sofara Aveau, to the men and women who will represent Samoa at the upcoming Federation of Oceania Rugby Union (F.O.R.U) Sevens in Australia this week.

Tuisuga addressed the Manu Samoa Sevens and the Manusina team during a gathering at Tuana’imato yesterday.

“To those of you have been selected, take the opportunity with both hands and bring home the glory our people expect from you,” he said.

“Do the best you can. Be strong and go hard.”

Assistant Coach of the Manu Samoa Sevens, Galumalemana Rudolph Moors thanked the Acting Prime Minister for his kind words.

Looking at the tournament ahead, Galumalemana said their first focus is the FORU Sevens and then they will look at the first leg of the I.R.B Sevens later.

“We’ve worked really hard at training and we’ve picked the best team we can find so we are ready to go out there and give it our best.” Galumalemana said the team needs the country’s support.

“We need your prayers,” he said. “There is nothing much we can do without your support.”

The teams:

MANU SAMOA SEVENS: Lio Lolo, Afa Aiono, Tofatu Solia, Afioa’e Maiava, Alatasi Tupou, Lolo Lui, Fautua Otto, Siaosi Asofolau, Samoa Toloa and Tila Mealoi

MANUSINA: Virginia Iona, Vanessa Afamasaga, Taliilagi Mefi, Tafale Roma, Ta’alili Malia Iosefo, Soteria Pulumu, Seifono Mesili, Sapina Aukusitino, Rowena Fa’ai’uaso, Melisha Leaana, Lepailetai Fa’ai’uaso, Jacinta Ausa’I, Imo Sasagai and Apaula Kerisiano

“That way, S.I.D.S issues are at the forefront of the UN agenda, they remain topical and relevant, and are considered, debated and actioned daily, weekly or monthly and not conveniently set aside to be discussed only when we have another S.I.D.S Conference ten years from now”

Leaders of small island developing nations have urged the United Nations General Assembly to prioritise climate change and assist in their front line battle against its mounting impact.

“The international community’s actions to address climate change are grossly inadequate. We are focusing more on symptoms, not the root causes,” said Prime Minister, Tuilaepa Sa’ilele Malielegaoi, whose capital city, Apia, hosted the third annual U.N. Conference on Small Island Developing States earlier this month.

The Samoa’s Prime Minister called on Member States to follow up on the political, economic and other promises made in the “S.A.M.O.A Pathway”, Agreed Outcome from the Conference.

“We took seriously the commitments given for S.I.D.S at the conference and we will remain deeply mindful of how those commitments are turned into actions,” he stressed. Samoa and other small islands will bring the “human face of S.I.D.S” to each issue that comes before the UN – security, human rights, climate change, development, gender, or Indigenous, Tuilaepa noted.

“That way, SIDS issues are at the forefront of the UN agenda, they remain topical and relevant, and are considered, debated and actioned daily, weekly or monthly and not conveniently set aside to be discussed only when we have another SIDS Conference ten years from now,” Tuilaepa stressed.

The President of Dominica, Charles Savarin, echoed Tuilaepa’s statements, adding that the survival of this group of states depends not only on the individual and collective actions taken by S.I.D.S, but on action or inaction of the entire international community. He noted that this year’s General Assembly falls during the International Year of Small Island Developing States, a name delegated by this very world body. In addition, the President voiced support for a legally-binding outcome to climate change negotiations next year in Paris.

“This should be buttressed by a post-2015 agenda that engenders poverty eradication, increased access to education and training, healthcare, potable water and sanitation, and promotes sustainable and inclusive economic development,” Savarin said referring to new sustainable development goals that would guide world leaders’ work starting in January 2016. He noted in particular the need for development partners to conduct macroeconomic and trade policies that would facilitate growth opportunities for SIDS, reduce income gaps, reduce poverty, and achieve their development aspirations.

The need for financial and technical assistance from developing partners for SIDS was raised by President Emanuel Mori of Micronesia. The President particularly noted capitalizing and scaling up sufficient support for the Green Climate Fund, which aims to finance low-carbon and climate-resilient efforts in developing countries.

Just as the UN “shines brightly as a beacon of hope for those suffering from the ravages of war,” so does Micronesia look to the world body “to effectively address the global security threats posed by climate change,” said Mori.

He also highlighted the role that clean energy and energy efficiency play in advancing sustainable and low-carbon development. By 2020, the share of renewable energy sources will be at least 30 per cent of total energy production, while its electricity efficiency will increase by 50 per cent.
In addition, the island nation has advocated for a rapid global phase-down of HFC gasses under the Montreal Protocol, which could prevent average temperatures from rising up to 0.5 per cent Celsius by the end of this century and could reduce the rate of sea-level rise by 25 per cent, he said.

“This near-term climate mitigation will give all atolls around the globe a chance to survive,” Mori said. The Government of Marshall Islands strongly supports this proposal, the General Assembly was told by that country’s president.

“Everyone – large and small, rich and poor – must and will take strong action on emissions,” said President Christopher Loeak.

In addition, he had mixed words for the UN body, which he credited for helping to set his country on a path of independence, but also authorized 67 nuclear tests on the nation between 1946 and 1958. “The awareness of the catastrophic consequences of nuclear weapons must underpin all approaches and efforts towards nuclear disarmament,” Loeak said in comment timed with the first annual International Day for the Total Elimination of Nuclear Weapons.

In Kiribati, climate change and adaptation measures are integrated into national development policies and strategies to strengthen disaster risk management. President Anote Tong presented his country’s “migration with dignity” strategy, which he said is an investment in the education of its citizens and upskilling of the youth population so that they can migrate with dignity to other countries voluntarily, or in worst case scenarios, “when our islands can no longer sustain human life.”

Earlier this year, Kiribati, Tuvalu, the Marshall Islands, Maldives and Tokelau formed the Coalition of low-lying atoll nations on climate change or CANCC. This group remains part of the UNFCC climate change talks but also wants to highlight the urgency with which action must be taken to adapt to the impacts of climate change. Similar concerns were raised by Trinidad and Tobago’s Kamla Persad-Bissessar, who presented the perils of climate change and the importance of following through on the Samoa Pathway not only from the point of view of SIDS, but also the Caribbean Community.

The Prime Minister also raised the issue of trans-Atlantic slavery, reiterating the Community’s determination to “engage in reparatory dialogue with the former slave owning European Nations in order to address the living legacies of these crimes.”

“Sustainable development cannot be achieved in an environment where people are denied their basic rights to live free from fear; with daily deprivation of the necessities of life due to the ravages of war and other types of instability,”

Persad-Bissessar said.

With the conference just over a month away, G.L.O.W still require’s some assistance with transport for the participants, main meals for the two days and 40 sleeping mats

PR – Fourty schoolgirls in year 7 and 8 from Savai’i and Upolu are gearing up for the Girls Leading Our World (G.L.O.W) Conference in Apia scheduled for 13th and 14th November.

The two-day Conference will be held at the National University of Samoa (N.U.S) where the G.L.O.W themes of career guidance, health and safety, leadership and positive role models will be imparted through workshops, games and motivational speakers.

Although N.U.S are able to provide a day venue the organisers still need a venue for the participants to sleep.

The Savai’i-based Peace Corp G.L.O.W Samoa co-ordinator, Allyson Miller, says the problem is that they lack funding.

“We as Peace Corps Volunteers don’t have enough money to pay for this kind of programme ourselves, so we are relying on the support of other organizations, like our main sponsor, UN Women, and even our friends and families in the States who are donating to G.L.O.W,” she says.

“What we would really like to see is local businesses, local organizations, local government ministries, and even individual people donating to G.L.O.W to show their support for these girls.”

With the Conference just over a month away, G.L.O.W still require’s some assistance with transport for the participants, main meals for the two days and 40 sleeping mats.

The biggest need is a venue with adequate facilities to sleep for one night.

Following on from the success of G.L.O.W 2012, this year’s Conference has expanded utilising 20 volunteers, ten local speakers and stronger partnerships with government through the Ministry of Women, Community and Social Development and aid agencies such as Red Cross, Pan Pacific South East Asia Women’s Association (PPSEAWA) Samoa and UN Women.

G.L.O.W is a world-wide Peace Corps Initiative that is designed to provide girls with the skills they need to identify and achieve their personal, educational, and professional goals.

Peace Corps has been sending volunteers all over the world to work at the grassroots level for sustainable change and 1,775 volunteers have been to Samoa since it was established in 1967. There are currently fourteen volunteers in

Samoa today.

Any local businesses, organisations or individuals willing to help GLOW meet the needs for this year’s conference please contact PPSEAWA representative; Mrs Miliama Lima on 25225 or email logoasa.lima@gmail.com