Dedicated to Dr Elora Raymond and all those other academics and historians, who refuse to remain silent as our customary land is stolen.

Documentation

Below is a list of documents that will elaborate on what exactly the ADB and Samoan government have done and how they have done it. Some only have English translations. If you would like to rectify this, please contact me. Please spread the word.

If these works resonate with you, remember to show the original author some love.

If a document you have written has been included on this list and you'd like it to be removed, contact me. You can find my contact details in the About section.

Introductory Readings
How the attack on Customary land began, written by Dr Elora Raymond in 2013, translation by Meripa Weir English / Samoan
An explanation of the HRPP government decision to introduce land reform without consulting the electorate.
Smoke, curtains and mirrors: the production of race through time and title registration, written by Dr Sarah Keenan in 2017 English only
An explanation of the Torrens systems origins in Australia and how it was created as a colonial tool.
Ia Malamalama Lelei/Understanding why the Land Titles Registration Act 2008 is unlawful, unconstitutional and in breach of the Human Rights of Aiga as families and Individuals, written by Dr Faleautō Simi Maua Taua English / Samoan
This text argues that Samoa's Land Titles Registration Act 2008 is unconstitutional because it was implemented without public consultation, undermines customary land rights by favoring state control under a Torrens system, and violates human rights, akin to historical injustices faced by the Maori in Aotearoa through similar legislation.
To Be Clear on Alienation of Customary Land in Samoa 1998 – 2022 English Only
This short essay is about how registering land under the LTRA 2008 transfers sovereignty from the 'aiga to the government. All land registered under the Land Titles Registration Act 2008 issues the person who is registered as the owner with a freehold title, while the sovereignty or absolute ownership and total control of that parcel of land passes to the government.
Maua Faleauto First Speech Pacific Law Conference in the presence of His Highness Tui Atua Tupua Tamasese Efi. Audio / Transcript
A speech I gave at the Pacific Law & Constitutionalism and Customary Land Tenure Conference addressing the lack of transparency around land alienation, even at a conference dedicated to the topic of Sāmoan land. English only.

The following table contains relevant legal documents in their entirety with little to no added commentary. I've added a subtitle explaining their relevence but I would recommend reading the documents in the previous table before reading these, to provide further context.

Legal Documents
ADB 2002 SAM TA 1399-SAM Evaluation Report English Only
This is the 2002 report mentioned in the article by Dr. Elora Raymond. The ADB threatened to withdraw all lending to the Samoan governement unless customary land was made available for purchase by overseas investors.
ADB19 August 2016 Doc. R60-16-SAM-Eligibility Report-19Aug. English Only
The Asian Development Bank Compliance Review Report proving traditional land rights were damaged due to non-consultation and the serious harm done to our people. As is discussed in the article by Dr. Elora Raymond, the ADB is well aware of the impact land alienation will have on Samoan people.
The Lefaga case (04/12/2018) of Justice Tuala Leilani Warren English / Samoan
This case establishes that leasing customary land alienates ownership from 'Aiga and transfers it to the government. Here is a link to the full transcript of the case in English, as it was originally delivered, and the Samoan translation.
FINDING BALANCE 2023 MARCH 2023 BENCHMARKING PERFORMANCE AND BUILDING CLIMATE RESILIENCE IN PACIFIC STATE-OWNED ENTERPRISES English Only
There are 27 State agencies all owned by families of politicians hiding behind private Companies, who gained ownership by splitting national assets between themselves without telling the people. While owning 84% of the former assets of the people, they contribute only 3% of GDP. The rest they swallow. Here is a quote from the document:

"Samoa’s SOE portfolio comprises 14 entities engaged in a diverse range of activities including transport, utilities, subsidized housing, postal services, banking, land development, and trustee services. The six largest SOEs represented 84% of total portfolio assets in 2020, but only 26% of total revenue. The portfolio is large, with total assets of ST1.77 billion, but contributed only 3% per year to GDP in the decade 2010–2020"