It is criminal

Dear Editor,


Re: Delaying tactics frustrates 

Samoa’s Constitution contains a provision that no device whatsoever may be used to get around the Constitutional protections to our Customary land. This means no plan, political tricks, false laws, agreement by foreign powers, corporations or individuals or propaganda can have any effect in removing our customary land rights.

In International Law the highest title to land is ancestral title. This has passed down through the generations to Samoans alive today. This land is not subject to taxes.

The protections against the alienation or taking of ownership from Samoan individuals and aiga are contained in Articles 2, 14,  15, 102 & 109 of the Constitution of Samoa.

The Constitution states in Article 2 (2) that any existing law and any law passed after the date of coming into force of [the] Constitution , which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

Void means it is unlawful and of no effect as if it had never been made, never been passed by the HRP Party.

Article 102 of the Constitution is broken by the Act because it permanently takes away the customary land rights of ALL Samoans. It issues a freehold title to a few members of the population and destroys all customary land rights so that a few Samoans will become wealthy forever and the rest of Samoa will become economic slaves forced to work on other peoples land for a living and forced to rent space to live on and to be buried in. No more freedom for Sa Moans rent will be expensive and food will be just as costly.

Article 109 of the Constitution states that if the land structure of Samoa is to be changed there must be a national referendum and

2/3 of voters must agree to the end of customary land for our people.

Knowing this the HRP Party have bypassed the National Referendum. In private they say that with a majority in parliament they do not need to hold a referendum because they rule Samoa.

This is not what our Constitution requires. Our Constitution requires a National Referendum before this act can be submitted to the Head of State for signing. It cannot become law until 2/3 of voters agree to the end of customary land title for our people.

A combination of unconstitutional law and political strategies are being used to take ownership of all customary land away from all Samoans living. Propaganda is used to reassure those whose land is being stolen from them. Those Samoans loyal to the HRPP government all lose their land as it comes under government control and subject to the same corruption.

The entire process of converting customary land from ancestral title into freehold title and permitting it to be mortgaged is unconstitutional and unlawful yet the government pretends it is complying with the Rule of Law when in fact the entire process is unlawful and criminal.


Maua Faleauto

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