Senate narrowly passes resolution urging a halt to Waterway project

Pago Pago, AMERICAN SAMOA — Complaints received by senators from disgruntled families in Malaeimi and surrounding areas due to excavation work for the Waterway Project sanctioned by government, encroaching upon their lands without any communication regarding the utilization of their family lands, has prompted a Senate Resolution which was narrowly passed in voting last week.

The resolution urges Governor Lemanu P.S. Mauga to intervene and halt the excavation work for the “Waterway Project” until the proper authorities and procedures are executed.

Introduced by Senator Malaepule Saite Moliga, the resolution addresses a government project which ties in with the Fagaima drainage improvement project, that requires the proper channeling of the waterway which carries water originating from a stream flowing from the mountain behind ASCC, and flows downwards through Malaeimi, merging with the Taumata stream near the Aveina store in Nu’uuli through to Fagaima and continues on near the TCF until it eventually empties into the Pala Lagoon.

In a hearing last Wednesday of the Senate Public Works Committee, DOC Director Petti Matila explained that the Fagaima drainage improvement project ties in with the Tualauta drainage improvement project, which involves the proper channeling of water flow from the stream called Aveave situated near the cemetery in Faleniu, which flows downwards through Kokoland until it reaches Fagaima, where the two waterways merge, then it continues on seaward near the TCF and eventually empties into the Pala Lagoon.

According to the resolution, “the project initially started in Malaeimi, situated across from our local community college, ASCC, within the Fanene Family communal lands.

It also points out that the work is being carried out without the knowledge and permission of the landowners, without any sort of permit from DPW, without approval and clearance from the Historical Preservation Office or a review by the Project Notification and Review System (PNRS) Board or DOC.

It was also discovered that there was no formal contract established between ASG and Paramount Builders, the contractor doing the project, and no competitive bidding process was initiated for this particular project, bypassing established procurement laws.

“In fact, members from both families took to social media platforms to express their grievances about the use of their family lands.

“They have reached out to their respective senators for help and upon investigation by the Leapaga Family, it was discovered that no consultations or meetings occurred with either family before the project’s initiation.”

In last Wednesday’s hearing, Senator Magalei Logovi’i shared that his cousin who lives in Malaeimi had complained to him saying that excavation work was being done on his land without him knowing what was happening or why it was happening.

He said that it was the same reason why another disgruntled Malaeimi resident posted a ‘live’ recording of excavation work being done on her family land without anyone in her family being informed beforehand or why it was being done.

DPW Director Faleosina Voigt who was testifying explained that the excavation work carried out at Malaeimi did not go through the usual procedure of acquiring permits and approval from relevant government departments and agencies, because it was carried out under the governor’s emergency declaration issued for adverse weather conditions causing flooding and landslides.

It was issued in December last year, then extended on January 15 for 30 days which expired on February 13.

“So are you saying that if there’s an emergency declaration, the government can just go in and dig up family land that has been handed down through generations without informing that family that they are going to dig a waterway channel through their land?” Magalei asked.

Voigt replied that they had approached the families whose lands were involved and they had worked together closely with village pulenuu (mayors) before work was carried out.

However, an unconvinced Magalei argued that the people who had complained to him specifically told him that they were not informed about it.

“How would you feel if one day, someone on an excavator without any given reason, starts digging up your land? Your heritage from your ancestors?” the Tualauta senator asked.

“This is preposterous! I’m very thankful it didn’t happen to me because I would have given the excavator operator two minutes to get himself and his machine off my land or something bad will happen to him!”

According to the proposed resolution, “the Senate has heard the cries of our people and cannot ignore the developments unfolding on ancestral family lands.

“The Senate’s concerns, as evidenced by this Senate Resolution, highlight the importance of adhering to proper procedures, following the law, transparency, and respectful engagement with families whose family lands are impacted by this significant project.”

The resolution concludes by strongly urging Governor Lemanu to intervene and put a stop to the Waterway Project ensuring that our administrative processes can continue without hindrance, and recognizes the rights of the Fanene and Leapaga Families in safeguarding their ancestral lands not merely for their own benefit, but for the well-being of future generations.

However, when the matter came up for discussion during the Senate session last Thursday, some senators were opposed to it.

Senators Satele Lili’o, Togiola Tulafono and Tuia Laumoli urged senators to be very cautious before making any decision pointing out that matters pertaining to customary lands and titles should be left to the Office of Samoan Affairs to review and mediate.

Togiola elaborated that the families whose ancestral lands had been impacted by the Waterway Project should take their grievances to the Office of Samoan Affairs who are mandated by law to deal with these issues.

The court is also available for family members to pursue the case if they are not satisfied, Togiola reasoned.

He argued that the Senate has been very aggressive in their questioning of the DPW director because of the long time it has taken for the Fagaima road project to get underway, and now, if the resolution is passed, the Senate is now hindering the progress of this same project.

“If this resolution is passed, we will have overstepped our jurisdiction and taken on the role of the judiciary by stopping the project,” he said.

In response, Senator Malaepule explained that all these avenues had been taken by members of the affected families without any help forthcoming, so they have approached the Fono as a last resort.

Malaepule also clarified that the resolution does not stop the Waterway Project as Togiola alluded to but strongly urges the governor to intervene and put a stop to the Waterway Project.

In the end, the matter was put to a vote and narrowly passed in a 10- 6 vote.

BACKGROUND

Samoa News reported on the issue last week in a story of the director of the Department of Marine Wildlife Resources asking the director of the Department of Commerce in a letter about several projects that the PNRS seemed to not have done due diligence, namely that permits had not been issued for the projects. His concern was with the impact these projects would have on the ocean life that the water run off would be emptying into from these projects, and asked that she direct  the PNRS board to do their job.

Samoa News notes that the DMWR director does not identify the various projects by name, only by location, but it looks like the excavation activities belong to the one project — the Waterway Project.