SAMOA REVIEW AND REPEAL THE UNCONSTITUTIONAL LAND TITLES AND REGISTRATION ACT 2008 (LTRA2008)

In 2008, the Samoan Government passed the Land Titles and Registration Act 2008 (LTRA 2008) without proper consultation and or a referendum to inform the people of Samoa and to seek their views and support. It is a requirement as outlined in The Constitution of Samoa under Articles 102 & 109.
Therefore, the LTRA 2008 is unconstitutional and violates the people’s rights and their Customary Land Rights, as protected under The Constitution.
Samoa Government under the influence and contractual agreements with Global Financial Institutions and Foreign Investors who want access to our Customary Lands for Business and Development Purposes are responsible for the enactment of the LTRA 2008.
In 2009, the Prime Minister was televised in an interview stating that the LTRA 2008 was applicable only to Freehold lands. In addition, the introduction of the Torrens System was implemented in Samoa. The Torrens System is similar to Acts applied in Australia and New Zealand, which alienated the indigenous Aborigines and Maori’s from their Customary Lands. Under the Torrens System, once any customary land(s) is registered it transfers classification from Sovereign Aiga owned (protected under The Constitution) to State owned (Government owned).
Today, the Prime Minister of Samoa is campaigning for the registration of Customary Lands by insisting that the Paramount Chief title holder registers his/her land. This conflicts with customs and culture of Samoa (Fa’a Samoa). Customary Lands are collectively owned by the extended families, which are held in a “trusteeship” to be passed down generation to generation. Customary lands cannot be owned solely by an individual.
As a result, the LTRA 2008 enables the alienation of Samoan people from their Customary Lands. It also allows Customary lands to be transferred to become State owned under a lease or licensing contractual agreement. This is contradictory to what the Samoa Prime Minister stated as televised in 2009. (Link : https://www.youtube.com/watch?v=dGU41_byR6k )
Samoan’s living in and abroad of Samoa are now in danger of losing their Customary Lands under LTRA2008. These lands will no longer be recognised as “Sovereign” protected under Samoa’s Constitution, once they are registered under a Paramount Chief’s name.
As Samoan’s living in New Zealand, Australia, USA and around the world, we continue to maintain our connections through our ties to our customary lands, matai titles, customs and culture in Samoa. The application of The LTRA 2008 dismantles and destroys all that is precious and treasured to us as Samoans.