Pago Pago, AMERICAN SAMOA — The Senate last Friday unanimously passed in final reading, a bill introduced by Senator Togiola T.A. Tulafono which prohibits the conversion of communal land to individually-owned land.

The proposed bill’s preamble emphasizes the fact that the Samoan people and culture have thrived for centuries, and that land tenure played a crucial role in their social organization.

“The communal land system is deeply intertwined with both the kinship system (family/aiga) and village organization. It is through the stewardship of the communal land system that has enabled those who live on that land to share their lineage and serve others.”

It points out that it is stated clearly in the Deeds of Cession that the United States Government “shall respect and protect the individual rights of all people dwelling in Tutuila to their lands and other property.”

It also points out that Section 3 of the Revised Constitution of American Samoa dictates that the American Samoa Government has the duty and responsibility to protect “persons of Samoan ancestry against alienation of their lands and the destruction of the Samoan way of life and language…

“Our bonds to our lands, created through blood, sweat and tears, define us as a people and culture. It is our communal lands that carry our beliefs, our values, our culture, our traditions. It defines who we are and plays an important role in perpetuating our culture and traditions.”

The creation of the proposed bill stems from an incident that occurred in 2022 where four prominent members of the community cleared and surveyed close to 400 acres of communal land and forest land in the mountain range behind the villages of Malaeimi, Fagasa and Aasu.

They called the land "Nu'u Fou" and submitted it to be registered as individually owned land at the Territorial Registrar's Office. The debacle is mentioned in the bill.

"The Senate Select Investigative Committee (SSIC) dealt with an issue regarding individuals who cleared 'virgin bush' and attempted to register this 'virgin bush' as individually owned land.

This consequently led to the registration process being revoked.

It further states that "in an effort to conserve our lands and our culture for future generations, prohibits the conversion of communal land to individually owned land. In addition, this bill will also prohibit any persons or entities who clear uncultivated, virgin bush or forest land from registering such land as their own.

"Prohibiting the conversion of communal lands to individually owned land is imperative to preserving the longevity of Samoan traditions and culture. This serves not only to prevent the loss of indigenous land but also to avert harmful motives and unlawful procedures. As leaders of the territory, it is our duty and responsibility to safeguard the strong and abiding culture and traditions, our land and our people," the bill concluded.

During a hearing on the proposed bill, a question was raised about whether communal land that had already been converted to individually owned land would be affected by the new legislation. Senator Togiola clarified that the bill would not be retroactive.

For the bill to become law, it must be passed by a two thirds vote of the entire membership of both houses and signed by the Governor at two successive Legislatures.

(Samoa News should point out that not mentioned or discussed is the role individually-owned land plays when applying for a loan to build a new house from a bank or lending institution.)