Monday, March 22, 2010

The Plight of the Fijians to Reclaim &/or Retain their Ownership of Native Land in Fiji.

Mai Life gives us an indepth view of some intricate details concerning Fijian Heritage, Land issues, ownership and more. Read further;
FIJI ISLAND FACT BOX
If every single island in Fiji were counted, the isles of the Fiji archipelago would number in the thousands
The official list of islands with the Lands Department Office is 323
Only 322 are judged large enough for human habitation

Of these 322, only 106 are inhabited leaving a total of 216 uninhabited islands, most of which are prohibitively isolated or lack fresh water

Of the 322 official islands in Fiji, only 43 are classed as freehold with the balance classed as native lands or islands which are owned by the ‘itaukei’ or the Fijian people

In order to buy or lease an island in Fiji, foreigners require a written permission from the Minister for Lands and should engage a Fiji based lawyer to undertake the transaction .
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The 1926 Commission that visited Gau established that the mataqali Lasea was extinct and their land became part of Crown land. “In truth what happened is that our tikina representative who gave information to the Commission knew that we were still alive and he also knew that we had settled in Tailevu,” Nadaku said. His grandfather, father and now Nadaku have been trying throughout their lives to reclaim their ancestral birthright.

Through a lawyer, Nadaku’s father, in 1993, managed to get the NLTB to agree to return the land to them. This NLTB board decision was however overturned after a letter was written and signed by village elders from Vadravadra and Yadua villages stating that they did not recognise Nadaku’s family as heirs to the mataqali Lasea land.“They also claimed that we did not do a ‘carasala’ (traditional ceremony of a family’s return to ancestral land) or a ‘reguregu’ (traditional ceremony to honour relatives who have died),” says Nadaku.

“But my father had already gone to both the villages and did our ‘carasala’ and ‘reguregu’ and they even held a church service to mark the occasion.” “The NLTB ignored this, that is why I say they keep changing the goal posts.” The carasala and reguregu are two traditional ceremonies required by the Commission for a person, family or clan to carry out with their relatives living on the land before any land issue can be settled. read more [click link below]http://www.mailife.com.fj/indepthstories1.html
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FACT BOX SOURCES
Report of the Sector Standing Committee on Natural Resources on the Native Land Trust (Amendment) Bill, 2002); Fiji Private Islands Report, Cheyenne Morrison 2005; Private islands for sale, The Fiji Times, February 06, 2006; Escape to fantasy island - island hideaways of CEOs - CEO at Leisure, Brenda Fine, The Chief Executive, May 1992; Paradise, at a price, By Joel Gibson, Sydney Morning Herald, July 29, 2006; Making do in a Fijian paradise - on a 99-year lease, By Anne Gibson International Herald Tribune, Friday, February 17, 2006; Entrepreneurship: London-based Kiwis dream of escape to Fijian paradise, By Anne Gibson The New Zealand Herald, September 01, 2006
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According to Carlson’s records, after almost a hundred years and the island changing ownership a number of times, the late Ratu Sir Kamisese Mara and Ratu Edward Cakobau, acting as trustees of the Fijian Affairs Board, bought Wakaya in 1957 for $220,000. The two trustees then sold the island in 1969 to a Mr. Bentley, for a sum rumoured to be around $350,000. Carlson says that Mr. Gilmour’s Pacific Hotels Development Ltd bought the island which had been uninhabited for over a hundred years, in 1972 from a group known at that time as Wakaya Ltd. He has owned the island since then, establishing the world renowned exclusive Wakaya Club and Spa Resort in 1987.

The claim to Wakaya by the people of Nasinu goes back to the 1950’s when the island was bought by Ratu Mara and Ratu Edward on behalf of the Fijian Affairs Board.
Nasinu landowners believe they were robbed off the opportunity to get their island back. According to Fiji Ownership Rights Association president Francis Waqa Sokonibogi, Ratu Mara and Ratu Edward promised a Ratu Aporosa from the Wakaya people in 1959 that the people of Nasinu would work on the Wakaya plantation to help them buy back their island. But this came to nothing as the island was sold to a Mr. Bentley in 1969.

“The two chiefs and the Fijian Affairs Board gave the excuse that the money involved in that sale would benefit all Fijians in general,” says Sokonibogi.He says that Ratu Aporosa took the two chiefs to court to prevent them from selling Wakaya but his efforts were defeated in court. “It is almost laughable when an institution such as the FAB which is the keeper and promoter of customary law is hiding behind colonially constructed legalism,” says Sokonibogi.

Another recent case is that of the mataqali Nabulou of the yavusa Raviravi from Ra who are now registered and live in Korovou village in Tavua.They are seeking help from the current Government to help them reclaim their ancestral village site which stands at the Yaqara beach front in Ra.Their first attempt to relocate to their ancestral village site was made in 1982 but that came to nought and now the Ra Provincial Council has launched a new lobby through the Fijian administration system of the Ministry of Indigenous Affairs.

The way forward These are just some of the land claims that are slowly emerging out of the din of a post colonial hangover - as many Fijians begin to find their footing and their voice.Those staking their land claims believe that the authorities know they have legitimate claims, but fear giving in to them as it could open up a flood of claims from many other disaffected Fijians.
“I suspect that if they agree to our claim, there will be a flood of cases coming through as there are so many cases like ours already with them. There are similar cases all over Fiji and this is what the NLC and the NLTB are scared of,” says Nadaku. “It’s like opening Pandora’s Box.” Realising the full value of the land or gaining an income from it is not the main aim of some of these claimants. To them, the land is a strong symbol of their identity and a sense of reuniting with their ancestors.

Land claims, some going back over a hundred years before the time of written laws and records in Fiji are difficult to ascertain. It is a minefield trying to determine what claims are genuine and which are not, particularly as many of the claims are based on traditional oral history that often change from time to time, or interpreted differently, depending on who or which side you talk to. Sometimes it is a matter of negotiation and understanding, and a recognition that things have not been perfect, and history has not been so kind to some. How do we rectify?

That is a question Fiji will continue to grapple with. Those like Gibson and Gilmour who have bought their island, have done so by following every requirement and regulation under Fiji’s laws in making their purchase. They have a legitimate title and were not the first people to have bought the island. Sadly, the claims being made are to do with events that transpired many decades ago, with very little or no written record to refer to. Even within Fijian clans, land claims are causing tension and disputes. It is important that they be settled now, or they will continue to simmer through the generations.

Sometimes it is a matter of negotiation and understanding, and a recognition that things have not been perfect, and history has not been so kind to some.