Exploitative land politics

Exploitative land politics
KAMAL IYER

http://www.fijitimes.com/ - Monday, August 25, 2008

IN the book Bittersweet, edited by Dr Brij Lal and launched to mark the 125th anniversary in 1994 of the arrival of indentured labourers to Fiji in 1879, a widowed cane farmer and cane cutter from the Northern Division named Aisha related her experience to academic Dr Padma Lal about the sugar industry and uncertainty surrounding the expiry of land leases.
When Dr Lal asked Aisha whether she had talked to politicians about her concerns, Aisha did not mince her words: "The politicians are feathering their own nests, pet puja or self -interest. They are all playing games. They want us to believe they are genuinely interested in the farmers welfare but they do not give a damn what happens to us. Look at what happened when leases began expiring. Instead of working with the landowners to negotiate renewal of leases, some politicians encouraged the farmers to leave their farms - in some cases even before their leases had actually expired. They were given all sorts of promises, promises of tickets to migrate and new aid money. After listening to them some of the farmers from Wainikoro and Daku left their homes in the year 2000, went to Valelawa camp with faith in their leaders. Some whose leases had expired refused to be settled at new site in Naduri because our leaders promised them bigger things. They stayed in makeshift houses, without jobs or land with nothing to support their families. Children could not go to school. After waiting for months, some families had to put their tail between their legs and go back to their own villages to start all over again. We all know that promises of politicians are like a sieve. Nothing stays. But do our people learn? No they do not. Even though people realise that for us Hindustanis (Indians) to live peacefully in this country we have to work together with the Kai Vitis (Fijians). Many people vote for the party that preaches racial policies rather than the party that represents co-operation and multi-racialism".
Last Friday, deposed PM and SDL leader Laisenia Qarase, while blaming others for politicising the land issue, did the same thing.
Mr Qarase's opinion - Charter and the land issue - published by The Fiji Times commented on Pillar 6 of the draft People's Charter that proposes to amend ALTA and impose free market rental on tenant farmers under the provisions of Native Land Trust Act (NLTA).
Mr Qarase recommended the following:
(a) NLTA become the only legislation for all native land;
(b) Land rent fixed at 10% of Unimproved Capital Value of Land (UCV) or market rate, and
(c) 50 year land leases with a right to renewal.
By favouring at least one recommendation contained in the draft Charter, Mr Qarase is in a small measure legitimising an illegal process borne out of a treasonous act committed against him, his government and the vast majority of law abiding citizens of Fiji.
His disagreement with other aspects of the draft Charter's land proposal is understandable but one cannot pick and choose the pros and cons of an initiative that is threatening to derail the Constitution - the supreme law of the land.
It is not a buffet.
Mr Qarase alleges that ALTA has cheated the landowners to the tune of $1billion since 1976 and blames the 6 per cent of UCV rent-fixing mechanism in ALTA as the cause of low return to the landowners.
He claims while ALTA is entrenched in the Constitution requiring a two-third majority in the House of Representatives to effect amendments, NLTA only requires a simple majority to be changed and therefore is not constitutionally protected.
This is absolutely incorrect.
Chapter 2 of the Constitution (Compact part b) states, "The ownership of Fijian land according to Fijian custom, the ownership of freehold land, and the rights of landlords and tenants under leases of agricultural land are preserved".
Chapter 13 of the Constitution (Group Rights) lists how eight Acts protecting the rights of Fijian, Rotuman and the Banaban communities including NLTA can be amended.
Bills intending to change these eight Acts have to be read three times in each House of Parliament (Lower House and Senate) and passed.
In the case of the Senate, the Bill to amend the eight Acts including NLTA cannot be passed unless at its third reading nine out of 14 senators nominated by the Great Council of Chiefs vote for the alterations.
If this not a constitutional safeguard, then what is?
In the case of ALTA, while a two-third majority is required in the Lower House, the amendments must be endorsed in the Senate by nine out of 14 GCC nominated senators.
Given the proposed electoral reforms in the draft Charter, amendments or abolition of ALTA is frighteningly possible because Indian representation in the Lower House will decline to a third or even lower in future.
Therefore, Mr Qarase's claim is hollow.
Mr Qarase's rhetoric about landowners losing out a billion dollars in rent is like a broken record.
During his term as interim PM after the 2000 coup and even in Parliament until the 2006 elections, he was claiming the sugarcane farmers were paid $2billion as their share of proceeds due to preferential sugar price paid by the European Union while landowners received peanuts from that income.
Cane farmers have not been the sole beneficiaries of the preferential price which will reduce by a total of 36 per cent next year.
The income from sugar has been invested in developments in the cane belt.
The schools, temples, churches, mosques, roads, drainage, parks, rural electrification, water supply, community projects etc have benefitted people of all races.
If the farmers were wealthy, they would not have owed $100million to commercial banks and other lending institutions until eight years ago.
Most cane farmers have remained in debt in perpetuity.
It is easily forgotten by the likes of Mr Qarase that 66 per cent of the farmers produce an average of 200 tonnes of cane.
That would have declined further in the last two seasons.
Their average nett income based on preferential prices used to be a little over $5000 after deducting 50 per cent from the gross proceeds for cane production, harvesting and delivery expenses.
And they received this over an 18 month period - the timeline for all cane payments under the current system.
It is absolutely important that debate on the land issue is not designed to inflame the emotions of landowners and tenants.
The wild bull in a china shop approach being advocated by Mr Qarase and the draft Charter will drive our country, its economy and the people to ruin.
Nobody wants this to happen. And to prevent this no one point of view must be imposed or allowed to prevail.
* The views express here are the author's own and do not necessarily reflect the opinions of this newspaper and the organisations he is associated with.
* On Thursday: NLTA vs ALTA

Charter and the land issue

Charter and the land issue
LAISENIA QARASE

http://www.fijitimes.com/ - Friday, August 22, 2008


The subject discussed under Pillar 6 in the draft People's Charter is: "Making more land available for productive and social purposes". Land has always been an important but rather sensitive issue in Fiji. The problem is compounded by the politics of land and also by the fact that about 90% of the land in Fiji is owned by Fijians and the tenants are mainly from other communities - the race factor.
In this short discussion the focus is on agricultural native land. It is assumed that there are no real problems in native leases for industrial, commercial, and residential purposes.
In discussions over land it is unfortunate that political interests become more prominent and the real issue is often forgotten.
The real issue, in my view, is this: that any tenancy arrangement must be fair and equitable to both landowners and tenants and that it should be in the best interests of the country.
The second dot-point under Pillar 6 says that:
"The principal issue regarding land in Fiji is not one of ownership; it is about access, its productive use and ensuring an equitable sharing of benefits. The issue of ownership is fully protected under the Constitution, and must remain so."
I accept that the principal land issue is not about ownership. But I do not agree that land ownership is "fully protected under the Constitution".
Although the Native Land Trust Act (NLTA) is an entrenched legislation it can be amended by a small majority vote in the House of Representatives and in the Senate, compared to another entrenched legislation, the Agricultural Landlord and Tenant Act (ALTA) which requires a much greater majority vote for any amendments.
Landowners must know that there is much stronger legal protection for ALTA than NLTA. ALTA took away the key operating provisions of NLTA, thus weakening the Native Land Trust Board (NLTB). NLTA which deals with ownership of native land can be changed by a much smaller majority in the House of Representatives and in the Senate, as mentioned.
I do not agree with the statement in the Charter that the principal issue regarding land "is about access, its productive use and ensuring an equitable sharing of benefits". I believe that the land issue can be resolved if key stakeholders agree:
* That all native land be administered under one legislation, the Native Land Trust Act (NLTA);
* That rent on agricultural land be fixed at no less than 10% of the Unimproved Capital Value (UCV) or at market rate; and
* That the lease term on agricultural land be at not less than 50 years, with a right of renewal.
If these proposals are agreed to by stakeholders then access to land, its productive use, and the equitable sharing of benefits will follow as a matter of course.
Passed in 1976, ALTA took away the key operating powers of the NLTB. Two ALTA provisions have caused serious problems on the land issue. First, ALTA fixed the rent on agricultural land at "up to 6% of the UCV". This is one of the lowest rate of rent on agricultural land in the world.
To make it worse lawyers have had a field day since 1976, fighting on behalf of tenants, to lower the rent actually charged by invoking the "up to" provision in the rent formula.
A recent study showed that, in fact, landowners have been receiving rental income of only about 2% of UCV.
The same study showed that if the land rent was at market rates, the landowners would have received $1 billion more.
In other words they did not receive the $1billion which was rightfully theirs. Put another way, landowners have subsidised agricultural development in Fiji since 1976, not out of their own freewill but because of a Government decision now entrenched in ALTA.
Second, under ALTA the lease term is fixed at 30 years, without a right of renewal. This lease term does not encourage investments in agriculture. It is far too short. Farmers, like other investors would like to receive reasonable returns on their investments. Given the high risks in agricultural development a longer lease term is desirable. A lease term of not less than 50 years, with a right of renewal would provide a good incentive for more investments in agriculture.
ALTA is an unjust legislation. ALTA was passed for a particular purpose at the time - to increase and sustain sugar production.
That purpose has been achieved and ALTA has now outlived its usefulness. NLTA is the original legislation for all native land. There is no good reason why all matters relating to native land cannot be incorporated in the one legislation, NLTA. Many Fijians have been unhappy with ALTA over-riding the key provisions of NLTA.
They have perceived ALTA as an instrument to weaken the NLTB by gutting the key provisions of NLTA.
Many Fijians have questioned the motive of Fijian leaders in Parliament in 1976. They were rather careless in agreeing to ALTA. They certainly failed to do their arithmetic right when it came to fixing the land rent.
Only Sakeasi Butadroka and Apisai Tora protested against ALTA.
So long as ALTA remains the effective law on native agricultural land, Fijians will remain agitated because of the relegation of both NLTA and NLTB to minor roles. It is important for key stakeholders to agree that the ALTA provisions relating to native land be incorporated into NLTA, the legislation designed for that purpose. This step would remove a significant obstacle to the resolution of land issues in Fiji.
There is no reason why protective provisions for both landowners and tenants cannot be contained in NLTA.
One of the measures and actions to be taken as proposed in the Charter is to establish a Land Use Advisory Board, a National Land Register and a Land Use Development Plan.
We know that Mahendra Chaudhry, leader of the Fiji Labour Party has been pushing for the establishment of a Land Use Commission (LUC). I believe the current proposal in the draft Charter is really the LUC presented in another form. The motive behind the LUC is to establish an agency with legal powers to decide on land use and associated matters.
In effect the LUC will take away more powers and functions of the NLTB. If both ALTA and LUC are allowed to work side by side, then NLTA becomes virtually ineffective and the NLTB could be reduced to an agency which merely issues leases and collects and distributes rental income.
In other words, the NLTB would not be making key decisions relating to native land. Instead these decisions would be made by agencies in which landowners may not be represented.
I return to the finding of a recent study, that since 1976 landowners have lost about $1billion due to the very low rent fixed under ALTA. Our Parliament in 1976 was responsible for this unfair decision, over which the landowners had no say. It was a mistake by the State. In my view, there is a case for compensation due to landowners by the State.
This compensation could be effected via a "resource tax" which can accumulate in a trust fund to be invested for the general good of the Fijian people.
In 2005 the SDL Government introduced into the House of Representatives amendments to both ALTA and NLTA. These amendments related to the issues discussed above: restoring laws on native land to NLTA; the fixing of rent on agricultural land at not less than 10% of UCV or at market rate; and the fixing of lease term on agricultural land at not less than 50 years with a right of renewal. These amendments to ALTA and NLTA were rejected by Mr Mahendra Chaudhry and his Fiji Labour Party, despite general agreement on the issues at multi-party 'talanoa' sessions.
As trustees for landowners, the NLTB, and indeed all landowners should work towards one goal to achieve the following:
* Ensure that the NLTA becomes the only legislation for all native land;
* Ensure that rent on agricultural land is fixed at not less than 10% of UCV or at market rate; and
* Ensure that the lease term for agricultural leases is fixed at not less than 50 years with a right of renewal.
These changes must be effected first before any discussion on issues such as land use and other associated matters. Failure to do this would be another "sell-out" of Fijian interests on land.

* The views expressed in this article may not necessarily reflect those of The Fiji Times.

Landowners to benefit from shareholding

Landowners to benefit from shareholding
http://www.fijitimes.com/ - Friday, August 22, 2008

LANDOWNERS of the biggest hotel development project in the country are set to rake in the benefits through shares in the five-star resort and employment.
The much touted $243million Natadola Intercontinental Beach Resort is set to be completed next month and project chairman, Felix Anthony said negotiations were underway to secure some of the best deals for the landowners.
Even before it has opened, the venture is already employing 1000 workers at Natadola, villagers making up a majority of them.
"I have authorised a comprehensive study of loss of fishing rights and environmental impact of this project. I am now engaged in negotiations with the landowners to convert the compensation money into shares in Natadola Resort for the long term benefit and substantial returns to the landowners," Mr Anthony told a tourism forum in Nadi today.
"Through shareholding the landowners will have a sense of ownership, commitment and belonging to this project."
He said one of the biggest challenges facing investors was the failure to keep landowners informed about developments on their land.
"We had worked hard to win the goodwill and support of the landowners. We are committed to the interests of our landowners and we give utmost priority to ensure that landowners benefit commercially out of this project," Mr Anthony said.
"We have developed a spirit of excellent and productive partnership."
Currently, the majority of the villagers are employed either in the hotel Site, the Golf Course and the Nursery.
There is also a village committee in place to look at all the employment and recruitment issues at village level.
The hotel has around 799 workers and 198 subcontractors on the resort site. The golf and nursery has a further 250.

Fijian Native Lands

Subject: Fijian Native Lands

Sai Lealea - Unpublished letter to Fiji Times - 28 May 2007


Fijians may just wish to ponder on why the issue around the possible alienation of Fijian native lands is being raised now by Dr Sahu Khan and others.

I invite them to examine the intentions of people like him and why now and not any other time. After all it should be nakedly obvious how Fijians regard as
sacrosanct the issue of native lands, let alone the potential for it to be opened up for exploitation by others.

It is also clear that the likes of Dr Sahu Khan would not be raising such a topic unless they perceive that the timing for it is right and that it would receive
sympathetic hearing from those in authority. Fijians in the current regime have better decide if they want to be party to that form of deception and exploitation.

Dr Sahu Khan can put all the legalities and rationality around his intention as he may regard land merely as a resource and commodity. However, he must
remember that when it comes to land for Fijians, rationality has only a minor place as we are dealing with issues intimately connected to a peoples' values
and what defines them and their existence.

Any credible government must be alert to this reality because as the global environment force nations to look internally to deal with all the various crises,
there will be a tendency to seek refuge and affirmation in one's own insitutional practices, culture and values. Fijians are engaging in precisely this and that is why they will come out of the current crisis in Fiji and the trampling of their institutions by the current regime much stronger and affirmed as a people.

For the future, this resurgence will result in them challenging the state and its intentions and meting out retaliations to others who they regard as traitors
to the cause and collaborators in downgrading their status as indigenous peoples.

However, the alternative as seen in smarter nations, is to embrace and support indigenous peoples as the focal point and focus for forging unity and common
identity. When Fijians do well, Fiji as a nation, flourishes and has a proud sense of purpose. To achieve this, it is critical that the economic development of Fijians is accelerated and with them leading the journey and offering partnership with others. Regretably, the current regime and its supporters, even worse those Fijians in the regime, are leap years away from ever doing such a thing.

Sai Lealea
Wellington

NLTA Is The Solution Says Qarase

NLTA Is The Solution Says Qarase
21/08/2008 - www.fijivillage.com

Ousted Prime Minister Laisenia Qarase believes that the way forward to resolve the land issue is to ensure that all laws in relation to native lands are returned to the Native Land Trust Act(NLTA).Qarase agreed with the draft People’s Charter that the principal land issue is not about ownership but he does not agree that land ownership is fully protected under the Constitution.He believes the Native Land Trust Act is an entrenched legislation that can be amended by a small majority vote in the House of Representatives and in the Senate compared to the Agriculture Landlord and Tenants Act (ALTA) which will require a much greater majority vote for any amendments.Qarase said that landowners must know that there is much stronger legal protection for ALTA than NLTA as ALTA took away the key operating provisions of NLTA, thus weakening the Native Land Trust Board.This comes in response to Pillar Six of the draft People’s Charter which recommends making more land accessible for productivity and social purposes.

Soldier: Let's stick to moral values

Soldier: Let's stick to moral values
By Reijeli KikauSunday, August 17, 2008

TAKING heed of the moral values and teachings at home is one way Fijian soldiers serving in the British Army can survive overseas, says Lance Corporal Filimoni Raceva.
For the soldier from Malake, Rakiraki in Ra, serving in the army for the past eight and a half years has been an experience but there has always been the "homesickness" that comes with working away from home.
"While growing up I had no intention of joining the army since I had always wanted to be an aircraft engineer but things did not go according to what I had wanted and now I am serving in the British army," he said.
He said he has been based at Woolwich, London for the past seven years while serving in the 16 Regiment Royal Artillery as a Rapier F.S.C Tactical controller.
LCpl Raceva said that after getting married in 2006, he decided to ask for a transfer with his new family to the Royal Logistic Corp now based at the Princess Royal Barracks at Guthersloh, Germany.
"While serving in Germany, I am employed as a supplier and at the moment I am serving in Optelic 12 in Iraq.
"Our camp is in Kuwai but it is not that dangerous compared to Basrah where they get direct fire from mortars and RPG from the Taliban constantly," he said.
He said he has been on several overseas missions and serving in Iraq "was a totally different experience".
LCpl Raceva said he served in Cyprus which is a United Nations tour in 2002 for six months.
He said the job in Iraq was more demanding because of so many factors.
"I miss home a lot especially my family back in Germany. I try to get pictures from emails of my two kids every day.
"I also miss my parents in Wainivula, Suva, but I am lucky that I get to see my brother and sister once in a while since they are also in the army and based in the UK."
He said that as a Fijian he has learnt to adapt to the British way of living, culture and its food.
LCpl Raceva said he has also found time to help young Fijians joining the army who find it difficult to adapt to the change in environment, life and work.
"I have always advised them to stick to the moral values and teachings from back home and serve the Lord faithfully since that is only way we can cope and enjoy life while being out here," he said.

FIJI CHIEF DEDICATED TO PRESERVING CULTURE

By Theresa Ralogaivau Fiji Times Online: http://www.fijitimes.com SUNDAY, 17 AUGUST 2008

SUVA, Fiji (Fiji Times, July 15, 2008) – Ratu Makutu Nagagavoka loves his vanua. Born into a life of privilege, being the youngest son of the late Tui Bua Ratu Isikeli Nagagavoka, this young chief was ironically accorded none of the associated privileges especially as far as school life was concerned. Contrary to the norm, for his primary school years Ratu Makutu attended multi-racial Bua Indian School and finished off at Labasa Muslim College. But he harbours no regrets or any wish to have attended the two top Fijian boys schools where many young chiefs are sent to by their parents for their education. The schools he attended did two things; they educated him and instilled a desire to unite all races in his province. Additionally they made him realise just how vulnerable the Fijian way of life, customs, art and craft and social values were in the face of fast paced developments. Ratu Makutu, 37, works as an Assistant Roko Tui Bua based at the little seaside government centre of Nabouwalu in Bua. Recently he represented his province at the UNESCO-funded Living Human Treasures Project workshop in Labasa, an initiative of the Fiji Arts Council to rejuvenate and safeguard the intangible treasures unique to the indigenous race like arts and crafts, languages and way of life. The workshop only served to reinforce a long held dream to chronicle these treasures especially in Bua before they fade off and eventually disappear in the passage of time. "We are fast losing our true dialects; many of our children don't even know how to speak it. They speak English and a concoction of different dialects which is truly sad," Ratu Makutu said. "Not only that, most of our arts and crafts which are unique and identify us as indigenous are fast disappearing some have been lost forever." For the next six weeks Ratu Makutu along with some other representatives from the Bua Provincial Council office will travel throughout the province gathering information on these indigenous treasures with the ultimate aim of documenting them. "Our ancestors relied on word of mouth to pass down these treasures to their generations. But that won't work now because the younger generations are leaving their homeland in droves to attain higher education," he said. The young chief believes for a Fijian quality education is a balance of the western education and learning about the vanua, their responsibilities to it especially in keeping their traditions alive. "As a young chief of Bua, there is no denying that western education is enlightening but that needs to be accompanied by proper knowledge about the vanua," he said. "For me, as a chief, and I think this should be the same for other chiefs around the country, education accompanied by intimate knowledge of the vanua is essential if we are to make informed decisions on behalf of the people and to have the interests of the vanua at heart. We have got to start caring for our identity as indigenous people. We must be identified not just in name but also through our language, our crafts and art and way of life. We lose that and it's gone forever." Ratu Makutu believes that is the challenge he must face as a young chief but he is waging a race against time. "Many of our elders who are aware of our Bua traditions, the ways of making crafts unique to Bua and speaking our proper language have passed on," he said. "There are only a few left now. Probably less than ten with the true heritage of Bua to pass on. We've got to work fast in ensuring the knowledge they have is passed on before they die. The true essence of being a Fijian, being an indigenous of Bua is the vanua and all the treasures that belong with it, the language, the craft, the art, the way of living that make us Buan. It is my duty as a chief to safeguard that."

Charter, VKB separate issues

Charter, VKB separate issues
By ASHWINI PRASADFriday, August 15, 2008

www.fijitimes.com

The People's Charter for Change, Peace and Progress will in no way interfere with the Vola ni Kawa Bula (VKB).
Head of Technical and Support Secretariat (TASS) John Samy said the charter would in no way affect land ownership of the natives and hence the VKB.
He made this comments at the Training of Trainers Workshop for the Eastern Division in Nasese.
The training is for members of the People's Charter teams to undertake consultations in the Eastern Division.
"Those opposed to the draft People's Charter are having a field day in telling the people, in particular the i Taukei, that the charter will affect the Vola ni Kawa Bula and the landownership for the indigenous population," Mr Samy said.
"This is a lie and I urge the people of Fiji not to be easily swayed by these commentators." He highlighted that discussion on land in the People's Charter is not about land ownership but accessibility to land for social and economic purposes.
"Land, as a national asset, must be put to productive use with landowners getting maximum benefit from it," he said.
The TOT workshop, which began this week involves the preparation of public relations teams who will be visiting villagers and settlements including urban and

Common Name Good-Ratu Epeli

Common Name Good-Ratu Epeli
www.fijivillage.com - 08/08/2008

Acting Interim Prime Minister Ratu Epeli Ganilau said the common name "Fijian" for all citizens of Fiji is a good idea.Ratu Epeli said although he respects the SDL Leader, Laisenia Qarase's statement that the name "Fijian" only belongs to the indigenous Fijians, he stresses that any positive step that unites the nation should be taken.Ratu Epeli said people should analyze the draft Charter and think of Fiji as a whole.Meanwhile, the chiefly home of the Tui Cakau, Ratu Naiqama Lalabalavu has opposed the use of the common name "Fijian" to be used for all the people who are born in Fiji. Close Cousin of the Tui Cakau, Ratu Jekesoni Yavalanavanua of Lalagavesi said it is an insult to call an Indian a Fijian.

Charter won't end coups: Ousted PM

Charter won't end coups: Ousted PM

www.fijilive.com - 07/08/2008

Fiji's ousted Prime Minister Laisenia Qarase has described as ‘unreasonable’ the attempt by the interim Government in the draft People’s Charter to end the coup cycle.The Charter released yesterday by the National Council for Building a Better Fiji lists one of its recommendations as ‘To end the cycle of coups’.It noted that the courts be ‘empowered to penalize including orders of dissolution of political parties that engage in activities that breach important values of the Constitution’.But the former ruling Soqosoqo Duavata ni Lewenivanua party leader said, “that strategy is unreasonable”.“Coups are not caused by political parties but by people with evil intentions to cause treason.“They are caused by power-hungry people with no jobs but try to get power through illegal means,” Qarase told Fijilive this morning.“As long as there are these kind of people around, there will always be a possibility of coups.”On the proposal that a common name, ‘Fijian’ be adopted for all Fiji citizens, Qarase said the Constitution is very clear that ‘Fiji Islanders’ be the common name for all.“We already have a common name. It’s just that it has not been promoted and marketed both overseas and locally and that’s what the interim Government should do. “Citizens in the Solomons are known as Solomon Islanders, so are the Cook Islanders and the New Zealanders so why can’t we be recognised as Fiji Islanders?”He added we should stick to that because when the term ‘Fijian’ was first used, it referred to the indigenous population.“That term (Fijian) is embedded into the indigenous population. It is a very sensitive issue and it will be opposed very strongly,” Qarase said.

Fijians will be marginalised: Qarase

Fijians will be marginalised: Qarase

www.fijilive.com - 07/08/2008

The recommendation that indigenous Fijian development interests be mainstreamed into national development plans is an attempt to marginalise Fijians, says ousted Prime Minister Laisenia Qarase.Reacting to the proposal in the draft People’s Charter that an integrated development structure at the provincial level be established, Qarase said it is an attempt to also marginalise the Fijian administration.“The introduction itself is very negative of the Fijian administration and is a first step to dismantling it.“I am sure there will be much opposition to it,” he told Fijilive.According to the Charter, the dual system of governance at the local level, through the provincial and advisory councils is ethnic-driven and conflicts with the vision of one nation, one people.It said the Fijian administration, as a system of governance for indigenous Fijians has failed in the economic areas of economic and social development, despite some successes.The Charter then, among others, proposes to establish representative Provincial Development Boards (PDBs) for each province by integrating the present provincial and advisory councils.Furthermore, it proposes to effectively review the roles and functions of the Ministry of Indigenous Affairs, Department of Multi-ethnic Affairs, Ministry of Urban Development and the Ministry of Provincial Development.

Fijian Governance system

Governance system
www.fijitimes.com - Tuesday, August 05, 2008


ANY government which attempts to force traditional leadership upon the people, does so at enormous risk.

For in attempting to interfere with an age-old process, it fosters misunderstandings, misgivings and a general suspicion on the part of the community.

The interim administration has stated unequivocally that it does not accept the right of a number of members of the Great Council of Chiefs to represent their people in this organisation.

This stand is in line with its decision to exclude certain people from the proposed electoral process.

We have always been of the opinion that there must be a separation between the traditional process and that of the government.

A chief who decides to stand for Parliament must be willing to accept criticism on the floor of the House and be prepared to answer tough questions from parliamentarians and constituents.

That is the nature of politics.

No chief who enters politics should feel that he or she is immune from such questions or criticism.

Chiefly status is no protection in the world of politics.

Any chief who breaks the law cannot claim immunity by virtue of traditional status for the two systems are mutually exclusive.

We accept that traditional leaders must be accountable for their actions and we support the mechanisms which are embedded in the indigenous system to ensure accountability.

The indigenous people more than ever before are using these systems to force their leaders to abide by the time-honoured code through which they care for and are responsible to the people.

Reciprocity is the cornerstone of the traditional Fijian system. As part of this system the chiefs own nothing but the allegiance and honour of their people.

To maintain this honour, the chiefs must provide decisive, committed leadership by example.

In the past, chiefs who did not abide by the code were removed by the people.

There is no reason why the indigenous population cannot do the same again in the context of village, district or provincial meetings using the systems which exist.

What cannot be allowed to happen is for the interim administration to decide who is a chief suitable to be on the GCC.

Nor, for that matter, should the council decide who forms the government.

Rewa Vunivalu Appointed

Rewa appoints Ro Epeli as Vunivalu
Sunday, August 03, 2008

MEMBERS of mataqali Nukunitabua have appointed former senator Ro Epeli Mataitini as the new Vunivalu of Rewa.

The four sub clans or tokatoka that make up the mataqali made the decision at a meeting in Lomanikoro last week.

Members said a simple veivagunuvi or yaqona ceremony to mark his assuming the role would be held on August 16.

"There will be a church service, yaqona ceremony then a kana vata (feast)," a mataqali member said.

Ro Epeli was a senior member of the Soqosoqo ni Vakavulewa ni Taukei and member of the House of Representatives.

Under the leadership of Ratu Tu'uakitau Cokanauto he was a member of the GCC taskforce that reviewed the council and its membership law.

However in the second round he was excluded from the committee.

The Yavusa Vasu will conduct the ceremony for the four sub clans.

In olden days he would be the warlord on which the paramount chief would rely upon to fight wars.

Today he still acts as protector of the Roko Tui Dreketi and close confidante.

Fijian chief to escort the king

Fijian chief to escort the king
SAKIASI NAWAIKAMA
www.fijitimes.com - Wednesday, July 30, 2008



A FIJIAN chief will escort Tonga's King Tupou from the palace to his seat on coronation day.

The role of the Tui Soso, from Nukunuku Village, in Lakeba, will be a feature of the ceremony governed by strict protocol. Yesterday, thousands of school children converged at Teufaiva Stadium to pay their respects to their king with performances that captivated the hearts of locals and invited dignitaries.

Interim Prime Minister Commodore Voreqe Bainimarama arrived in Tonga at 10am yesterday with his wife Mary and missed out on the educational cultural day. He enjoyed an afternoon walk with his wife by the seawall near the palace, escorted by two Tongan guards.

Also arriving in the island kingdom yesterday were heads of state from Samoa, French Polynesia, Marshall Islands and a representative from the Niue premier.

Part of the educational culutral day celebrations included the lakalaka, kailao, Fa'ahula, a school brass band march and the ma'ulu'ulu performance that consisted of a large number of performers as never seen before in Tonga.

Leader of the Fijian community in Tonga Josateki Wainiqolo yesterday met Commodore Bainimarama and was told interim Foreign Affairs Minister Ratu Epeli Nailatikau and his wife Adi Koila would represent the vanua and Fiji Government at today's traditional installation ceremony.

Mr Wainiqolo said Ratu Epeli and Adi Koila would lead the Fiji delegation in the presentation of traditional gifts today at the traditional installation of King George Tupou V.

The ceremony has no legislative or executive powers and its membership consists of nobles who themselves have been installed into ancient hereditary titles belonging to several aristocratic lineages which formed the power base of the Tu'i Kanokupolu dynasty.

This was when King George Taufa'ahau Tupou I in 1875 pronounced Tonga a constitutional monarchy.

Land disputes put economy at risk

Land disputes put economy at risk

7/20/2008 - www.sun.com.fj


By WAME BAUTOLU

Land and chiefly titles disputes risk Fiji's economy as well as its communities, a lawyer warned yesterday.

If the country had adopted a tribunal like the Waitangi Tribunal in 1987, then we might have fewer chiefly and land disputes.

Senior counsel to the Great Council of Chiefs Kitione Vuataki said trying to simulate legislation like the Treaty of Waitangi Act in New Zealand or the Native Title Act in Australia or the Restitution of Land Rights Act in South Africa may take time.

He said it was a lawyer's duty to find paths trodden by first nations in America, the Maoris in New Zealand and the natives in Africa through which resolutions may be found for claims on crown breaches.

"It is also the responsibility of those who appoint tribunal members that look into chiefly title disputes to also have on board those who know the ambits of their powers, the rights to fair procedure and the application of customary law on succession when it is found," said Mr Vuataki. He stressed the chiefs in their wisdom recognised this in 1987 in proposing a tribunal and that was why the government was under intense pressure to pass such legislation after 2000.

"In 1987 the GCC submitted a recommendation to the then President Ratu Sir Penaia Ganilau that a tribunal be set up like the Waitangi Tribunal to look into disputes raised by their people on lands that were purportedly sold and had become freehold or which had been alienated by Governor Im Thurn or which otherwise should be returned to them," he said.

Mr Vuataki said this recommendation was contained in a submission on the proposed first Constitution of the Fiji Islands which ultimately became the 1990 Constitution.

This recommendation did not see the light of day until the Qarase Government and the Attorney's General Office started to look seriously into the issue by sending a team to New Zealand and a draft Bill was proposed.

"The Bill was to set up a tribunal with jurisdiction to inquire into claims or grievances of Fijians on behalf of any of their divisions or subdivision who have been prejudiced by past Acts, current Acts or policy of government," said Mr Vuetaki.

The fear of state lessees that transfer of state land to native owners would prejudice their interest was unfounded as transfer of Schedule A and B lands from the state to native owners included a transfer of leases over such land being transferred to the NLTB for administration.

"Nevertheless for some reason this particular Bill was cited as one of the reasons for the military coup of December 06, 2006 in the ousting of the Qarase Government," said Mr Vuataki.

Ask Ratu Meli Bainimarama?

Ask Ratu Meli Bainimarama
www.fijivillage.com - 16/07/2008

Interim Finance Minister Mahendra Chaudhry has directed all queries regarding Colonel Apakuki Kurusiga's Investigation team to the Permanent Secretary for Fijian Affairs Ratu Meli Bainimarama.This follows revelations that the Native Land Trust Board (NLTB) had written to the Finance Ministry to reimburse more than $130,000 used by the Independent team appointed to investigate Fijian Institutions which was led by Colonel Kurusiga.Chaudhry said all these queries will be best answered by Ratu Meli who could not be reached for a comment.It has been revealed that the NLTB financed the Independent Team which was disbanded in March this year and NLTB and FAB were the only institutions investigated.NLTB officials say the $130,000 used was taken from landowners coffers and was used to pay for the team's $100 allowance per day, hotel accommodation and transport for the 6 member team comprising of Colonel Kurusiga, Ratu Luke Yavaca, Major Timoci Tuisawau, Ponipate Lesavua and Kalaveti Batibasaga.Fijivillage had also been reliably informed that there was some sort of agreement that the NLTB money used by the Colonel Kurusiga team would be reimbursed by the Finance Ministry, however, NLTB is still waiting for the money to be paid back and they are now concerned as nothing has been forthcoming.

Customary law ‘should be in legal system’

Customary law ‘should be in legal system’
www.fijilive.com - 18 JULY 2008


Customary laws regarding land should be incorporated into the legal system so the economic viability of landowning units in Fiji can be considered.The suggestion has come from Fiji Law society president Isireli Fa at the society’s annual convention at the Westin Resort, Denarau.Fa started the convention proper with a case study on Fiji’s customary land law and the problems surrounding the land issue in Fiji.He said the problems faced in terms of settling land issues and making decisions regarding land can be traced back to the Deed of Cession and the failure of those in power to define and regulate land issues.Fa said first problem to be looked at is the customary laws and how they can be incorporated into the legal system.He suggests that regulation be drafted to govern the issue of communal ownership of land and to find out who has what say in deciding how the land is to be used. The Suva lawyer says an inability to do this led to conflict within landowning units.Fa said the issue of land had now become an economic matter with the newer generations pressing for more investment and usage of land. He added that this issue within the chiefly system has been taboo.“There is now a greater need for customary laws to be recognised because this will be the first step in solving the greatest disputed issue in Fiji,” he said.Panellist Dr Ganesh Chand questioned which customary law was to be recognised, taking into consideration the racial and ethnic composition of Fiji. He said there would always be differences on the issue.Another panellist Ro Filipe Tuisawau said customary law and native land should be left to the indigenous community because they were the true owners of land in Fiji.

REFLECTIONS ON THE LATE VUNIVALU OF REWA, WAY OF THE CHIEFS

By Robert Matau

SUVA, Fiji (Fiji Times, July 15, 2008)

The Vunivalu of Rewa, often the chief behind the scenes of all things Rewa, actually commands the fierce loyalty of his people.

This was evident last week as the people of Rewa commemorated the end of mourning for the late Ro Jone Mataitini.

[PIR editor’s note: Rewa province is located in southeast Viti Levu Island and is where Fiji’s national capital of Suva is situated.]

The Vunivalu is the traditional warrior-chief who keeps the affairs of his people close to heart.

The Vunivalu also enjoys the support of half the people of Rewa (the other half, of course coming under the Roko Tui Dreketi)

The four mataqali that first settled in Rewa were Nukunitabua, Yavusavasu, Burenivalu and Nakauraki, who are now living in Vutia.

Lomanikoro and Vutia people affectionately call each other Drega, but refer to the Yavusa Nakauraki in Vutia as Mataqali.

Ro Jone was always close to the late Roko Tui Dreketi Ro Lady Lala Mara.

His only surviving brother is former Senator Ro Epeli Mataitini, currently NLTB board member and most likely next in line for the Vunivalu title.

He has three surviving sisters, Ro Saunalewa (mother of Permanent Secretary for Tourism Environment Ro Banuve Kaumaitotoya), Ro Litiana, and Ro Qereitoga (mother-in-law of Ro Filipe Tuisawau).

The vow by his nephew last week Ro Aca Mataitini, while presenting the magiti vakavanua to the vanua of Rewa and the paramount chief of Rewa, Ro Teimumu Kepa was another age-old assurance.

He was pledging what his ancestors had done many centuries before.

Since the first Roko Tui Dreketi, Ro Rawalai was installed by the vanua of Rewa on Lomanikoro it has been the Vunivalu's, and the tribes he commanded, solemn vow to lead the vanua in protecting their chief.

The book "Customs of the Fiji Group," written by United States Commodore Charles Wilkes in the early 1880s, describes how the Vunivalu would summon his troops in preparation for war.

He said as the troops near their enemy, the Vunivalu, or general, makes a speech to each separate tribe.

He (Vunivalu) would use praises and taunts, or exhortation, as he thinks best suited to the purpose, to excite them to deeds of bravery.

Words like, "You say you are a brave people."

"You have made great promises, now we will see how you keep them. To me you look more like slaves than fighting men. Here are strangers come to fight us. Let us see who the best men are. To another tribe he would say: Where do you come from?"

Wilkes writes that this would provoke one of the tribesmen to strike the ground with his club and reply by naming the name of his foundations which Fijians refer to as dela ni yavu tabu.

Then the Vunivalu would reply: "Ah. I have heard of you; you boast yourselves to be brave men; we shall see what you are; I doubt whether you will do much. You seem to be more like men fit to plant and dig yams than to fight."

Rewa was settled from Verata by Roko Ratu (who was also known as Ro Melasiga) and was Rokomoutu the first Koya Na Ratu Mai Verata's younger brother.

Commodore Wilkes noted that the Roko Tui Dreketi had their own pennant - the flag that only chiefs of high rank possess.

The colour of that flag was four or five vertical black and white stripes.

He noted too that the Vunivalu of Rewa also had his own flag which was black and white horizontal stripes. Testament to his own high status.

Last week we revealed how the grandsons of Verata were granted pennants for taking part in the race at Walu in Verata including Vuetiverata the first Roko Tui Bau and then principle chief of Bau.

The patriarch Lutunasobasoba's children in order include: Buisavulu, Rokomautu, Rokoratu or Romelasiga, Tuinayavu, Daunisai and Sagavulunavuda.

David Routledge states in his book Matanitu that Rokoratu travelled from the Verata coast to Rewa in his canoe at Namako' and settled at Dreketi in the southwest coast of the delta.

But before Roko Ratu arrived, the yavusa Burenivalu were already living there and apparently were led to Lomanikoro by the Vunivalu himself.

The Burenivalu are made up of the six villages of Nadoi, Drekena, Vunuku, Narocivo Tavuya and Lokia.

The Drekena serenaders sing in their song about Rewa - the abundance of the moci (baby prawns), kuka (small crabs), bonu (eels that dwell in the mangroves) and mana (mud lobster) because these are the dishes that the Burenivalu pamper their chiefs with.

It is understood that Ro Rawalai arrived at Burebasaga when the Vunivalu and the Burenivalu were settled in Lomanikoro.

"One of our elders went up to the chief one day while doing chores for him in Burebasaga and standing a little distance away he opened a fresh parcel of rourou vaka utona - or moci baby prawns wrapped in rourou or dalo leaves," he said.

"As the smoky scent of the food aroused the young chief's taste buds, the elder of the Burenivalu clan started talking to the chief.

"He told the chief that if he wanted to eat such food he should cross the river and resettle with the Burenivalu in Lomanikoro."

Until this day the Burenivalu continue to perform this function and prepare the special delicacy for their chief.

There are other tales of the Burenivalu and their turtle catchers who do not go deep sea fishing but simply drag in beached turtles, as if they were steered to land, when the Roko Tui Dreketi wants to feed the vanua for a special function. Where some would call these things tales others refer to it as sau or mystical powers.

When the chief Ro Rawalai moved, however, he maintained the name Burebasaga in memory and out of respect for his old home while the chiefs in Burebasaga maintained the title Roko Tuni Mata Dreketi.

Ro Aca said the first title they bestowed upon Ro Rawalai was Tui Dreketi.

That changed later to Roko Tui Dreketi to give significance to the vast areas they were to lead.

Some members of the Vunivalu tribes in Namosi moved to Serua then on to Rewa.

Last week we related how Rokomautu's second eldest son, Rovarovaivalu left Verata and settled in Levuka then travelled to Namosi confirming the common names of the two vanua (Nabukebuke). It is most likely that branches of the same tribes resettled in the islet opposite Nasali Landing and eventually at Lomanikoro.

Today the people of Rewa call Verata people Mataqali in recognition of these close ties.

But in recognition of the Vunivalu's status, the tribes of the Burenivalu who accompanied the Vunivalu, are divided into two one lot under the Roko Tui Dreketi and the other under the Vunivalu.

Legend has it that when Roko Ratu had settled in Rewa his brother visited him from Verata and they travelled to Suva where they divided the borders of land.

Roko Ratu later installed his own son Ro Rawalai as the chief giving him the title Tui Dreketi, Routledge states in Matanitu.

As his home was in Dreketi they name the area today as Vuniyavu or origins or foundations.

When Ro Aca pledged, last week that if anyone left the Roko Tui Dreketi, the Vunivalu clans would stick by the chief's side, he was pledging and cementing the ancient ties that have kept the vanua of Rewa together ever since the Vunivalu arrived in Rewa.

He was also calling on his own tribes, just like those before him, to stand by their chief and rise to their various calling.

Fiji Times Online: http://www.fijitimes.com.

Province records highest fish catch

Province records highest fish catch

www.sun.com.fj - 7/10/2008


An island province with the highest number of marine protected areas in Fiji has recorded the highest volume of fish bought from its Fisheries Center compared to the other centers around the country.
Kadavu has 48 marine protected (tabu) areas - the highest number among the 216 sites in Fiji. Vunisea fisheries officer Aporosa Rabo said they had seen the benefit of having restricted areas by the increase in the number of fish sold to their Rural Fisheries Service Centre.

“Kadavu had the highest in all of Fiji last year and this is the indicator of the volume of fish," he said. He also said many of the restricted fish species such as varivoce or humphead wrasse and turtles were being seen in those areas.

“This was revealed through our meetings with those who have MPAs - on the high volume of these species of fish," he said.

“And the common turtles seen in the area are the hawksbill and the green turtles.

“Also the chances of turtles coming in are high because of how their areas include the foreshore. Sandy beaches are where turtles lay their eggs."

Mr Rabo said there so much fish in the restricted areas that some had to go out and live outside these areas.

The main reason for these sites is to have a place for fish to feed, live, reproduce, grow and be safe from fishermen.

He said the centre assisted local fishermen by buying their fish so that they did not have to send their catch all the way to Suva.

Provinces maintain stand on charter

Provinces maintain stand on charter

www.sun.com.fj - 7/10/2008





With the cut-off date for provinces to submit nominees for the GCC meeting just around the corner, three provinces maintain their stand they will not join the council.
Rewa, Kadavu and Namosi have all stated they would uphold the decision made in their Bose Vanua that no support would be given to the new GCC regulation. Rewa Provincial Council spokesperson Pita Tagicakiverata said the province would stick to the decision despite the ultimatum given by the Fijian Affairs minister that he would choose the reps for the provinces who did not submit any names.

Mr Tagicakiverata said the province would abide by the decision of their chiefs and also the people of Rewa.

“We maintain our stand that we won’t give our support to the GCC or acknowledge the new regulations it comes with,’’ he said. Kadavu Provincial Council chairman Ratu Varani Rayawa said nothing has changed for the province and the decision not to acknowledge the GCC and its regulations would stand.

Namosi high chief, Ratu Suliano Matanitobua said his province won’t support the GCC and that decision which was decided during its provincial council meeting still stood.

But Lau has confirmed that it would be submitting names for the GCC next week.

Kubuna holds off on chief

Kubuna holds off on chief
www.fijitimes.com - Friday, July 11, 2008

THE installation of the paramount chief of the Kubuna confederacy will take place once the country's political climate stabilises, the kingmaker's clan spokesman said yesterday.

Ratu Veiwili Komaitai said they were not in a hurry to install a new vunivalu. And when they do, they would ensure protocols and traditions are followed.

The title has been vacant since the death of Ratu Sir George Cakobau in 1989.

Ratu Veiwili said the clan last discussed the issue last year.

He said once the Tui Kaba clan nominates the next vunivalu, then the Bau clan would meet.

"The installation of the vunivalu would not only involve Bau but other provinces too as we have close links with these provinces," he said.

Meanwhile, there has been no move by the vanua of Serua to install their paramount chief.

Serua Provincial Council chairman Ratu Samuela Waqainaceva said the vanua has made no plans.

"There is nothing coming from the vanua on that issue, so we don't have any plans on installing our chief," he said.

Tui Suva wants land compensation

Chief wants land compensation

www.sun.com.fj - 7/9/2008


A chief who claims to own the land on which he and others live wants compensation if they are to be re-located.
Tui Suva Ratu Epeli Kanakana, 83, says he is willing to vacate the land if he receives compensation from the Suva City Council.

He said he had moved to the settlement with his family four years ago and built his home.

He said it was unfair for the council to issue him with an eviction notice when the land was his.

“Unless and until I receive compensation I will continue to live here with my family,'' he said.

“This land was called Nacara and it is now known as Maunivatu squatter settlement.

“If the council wants to lease this land, they are to give me compensation. It’s not easy buying timber and building a house."

He said he had spoken with the director of lands showing a plan of the land he currently occupied.

“I have handed the lands department some paperwork and they will then decide on who is the rightful owner of this land,'' he said.

“I come under the Roko Tui Rewa, and they informed me about the government tribunal which I have been attending.

“This is my own land which has been handed down for many generations. Who are they to give me a letter to leave?"

SCC Lord Mayor Ratu Peni Volavola said the land Ratu Epeli was talking about belonged to the government and not him.

“As far as we are concerned we have received a lease from the lands department and the government is the rightful landowner," Ratu Peni said.

SCC’s Public Relations Officer Jillian Hicks said the tenants were given an extra week by the council to relocate.

She said enforcement officers will be checking residents of the area on when they will be vacating the land

Church leader to visit prisons

Church leader to visit prisons

www.sun.com.fj - 7/9/2008


Methodist Church president Reverend Laisiasa Ratabacaca is to visit the country’s two biggest prisons at the invitation of the Prisons Commissioner Ioane Naivalurua.
It is understood that the purpose of his visit to the Suva and Naboro Prisons was to mend the relationship of the vanua and the church.

Mr Naivalurua said at least 41 per cent of the inmates belonged to the church.

He said Ren Ratabacaca would be briefed at the Prisons Headquarters before proceeding on the tour to Naboro prison where he would be shown the maximum and minimum cells.

Mr Naivalurua said this is part of the prisons rehabilitation plans and work towards enhancing a better communication and future for those who will be released from time to time.

Rev Ratabacaca said he accepted the invitation by Mr Naivalurua with sincerity as it was to familiarise himself with the prison environment. He will be talking to the inmates and sharing words of encouragement.

Mr Naivalurua said from Naboro prison, they would then visit women prisoners at the Suva Prison.

He said the visit was part of the rehabilitation programmes which followed the Yellow Ribbon project.

The Yellow Ribbon project is a rehabilitation programme for ex-offenders that was launched on June 27.

It is focussed on the belief that there are no bad people and that rehabilitation programmes can be developed to assist in the re-integration of ex-offenders back into society, allowing them to live normal lives.

Naitasiri Chief to be Evicted

Chief wants reason for eviction

www.sun.com.fj - 7/9/2008



A landowner and chief is awaiting reason why he should vacate the land he occupies with his church group.
Ratu Loco Qiolevu said lawyers for the Matanikutu clan of Tamavua village were yet to give him a good reason why he should vacate the land.

“All we are doing here is carrying on with our lives. Yes, we worship here but no one is going to move me and my God from this place,” he said.

Ratu Loco is part of the One World Church which has its church based in Cunningham.

“I am a landowner and a direct descendant of the Qaranivalu (Naitasiri paramount chief),’’ he said.

Fijian businesses lack oversight, Ratu Joni

Fijian businesses lack oversight, Ratu Joni

VERENAISI RAICOLA

www.fijitimes.com - Thursday, July 10, 2008



RATU Joni Madraiwiwi says the establishment of provincial companies drawing on the communal organisation of Fijian society was intended to broaden indigenous participation in commerce and the private sector.

But its success has been limited as the mechanism of setting up companies on a provincial-wide basis has been a cumbersome method of seeking to benefit individual Fijians and their families, he said.

"Many Fijians contribute to community enterprises without deriving any material benefit for their effort," said Ratu Joni.

The former Vice-President said the provincial involvement in business was seen as a worthwhile concept without further analysis or consideration. He said a business required discipline, commitment and tight control over finance. Ratu Joni said provincial companies were established without clear corporate structures.

"The appointment of boards was inconsistent, shareholdings and payment of dividends uncertain for lack of specificity and there was little financial accountability.

"Further, there was a lack of oversight and administrative support to assist these businesses in their formative stages," he said.

Speaking at the opening of the Capital Markets Development Authority provincial and tikina companies workshop yesterday Ratu Joni said the structures of business from the board down to its most junior employees needs to be professional.

"Most provincial and tikina businesses have ad hoc arrangements in place that are no longer appropriate.

"The manner in which businesses conduct their activities and operations are factors which potential investors consider and study carefully."

Ratu Joni said if they liked what they saw, were satisfied with the corporate structures in place as well as the return on their investment, they would invest.

"If not, they go elsewhere."

Ratu Joni said provincial companies had problems having financial and accounting skills to maintain proper records.

He said examples of success stories were the Yatu Lau Company Limited, the Ka Levu Trust and its investments, Mucunabitu Ironworks Co-operative, Yavusa e Tolu Holdings of Narewa, Nadi and the tikina of Lutu in Naitasiri to name a few.

Ratu Joni said rent proceeds from the Native Land Trust Board amounted to more than $30million annually that could provide a huge potential for investment capital.

"Most of the funds continue to be utilised by Fijian landowners for their daily needs. "It is of course their money and they may use it as they wish.

"But it is also incumbent upon leaders in the landowner community to look beyond their immediate wants, to business and education opportunities for themselves and their mataqali, yavusa or vanua," said Ratu Joni.

He said rent collected by the NLTB was significant as it represented capital sums that could be deployed for wider effect.

Provincial firm hits $2.2m
Thursday, July 10, 2008

LAST year was the first time a provincial company raised $2.2million from capital markets through a public share offering.

Capital Markets development Authority chairman Daryl Tarte said the initial public offering by Yatu Lau Company was targeted to raise $1.5m.

Mr Tarte said at the close of the 30-day offer period the company received applications valued at $2.8m and had to refund $593,304 as the total share allocation was oversubscribed.

"The authority believes many more provincial and tikina companies can do the same and may flourish from the disciplined and regulated capital markets."

Lau Council Leadership

Traditional leadership

I AGREE with Paula Vuli (FT 4/7).
Letter to Editor - www.fijitimes.com - 10 July 2008


It seems the Lauan delegates at the Draiba meeting experienced first-hand the change in traditional leadership style from veivakaturagataki to the contemporary one of intimidation and coercion.

The stiff-arm voting tactics by the new chairman, Ratu Uluilakeba Mara, reflect this.

So, it did not come as a surprise that the delegates of Ono Island preferred to stay out of the meeting.

Other delegates may have been cowed into submission well before the meeting.

By now, Lauans around the country would have had time to reflect and digest on the new traditional style of leadership.

It is a self destructive one that will lead nowhere.

Ulai Taoi
Vanuavatu

Tui Yaroi Title

Tui Yaroi
Letter to Editor - www.fijitimes.com - 10 July 2008


FOR the information of Jovilisi Cavuka (FT 2/7) the leading chief of Matuku at the time, the Tui Yaroi, was taken captive by Ma'afu and held prisoner in Lakeba until his death.

He never returned to Matuku. It was none other than the Tui Yaroi's own son, Kolitagane, who sought the assistance of Ma'afu to stop the Tui Yaroi terrorising and killing villagers on the island who had accepted the lotu.

The present chiefly title of Tui Matuku was created by Ma'afu. So it does not stand to reason that a slain and defeated army as claimed by Mr Cavuka would then march up to the supposed victorious chief's own village and take the chief prisoner.

I would urge Mr Cavuka to read the documented accounts of these that are readily available at the National Archives and church arrival records.

It would enlighten him of some circumstances that are best forgotten.

Samisoni Kaitu
Nasinu

Tui Mavana and Sau kei Mualevu Title

Mualevu Chiefly history
www.fijitimes.com - 10 July 2008
I WISH to correct a few things published already on the Tui Mavana (FT 3/7).

It is correct that Ratu Josefa Basulu is yet to be traditionally installed as the Tui Mavana.

Ratu Josefa is the eldest in the Nasima family of Mualevu. As the eldest, he is entitled to be called Sau kei Mualevu.

The title of Tui Mavana was initially given by the chief of Mavana to the chief of Lomaji in Mualevu, who then handed the title to the chief of Mualevu.

Later, the chief of Mualevu was installed by the people of Mavana at A place called Buli-ya.

In regards to the superiority of the two titles, the Sau kei Mualevu and the Tui Mavana are related and relevant depending on the situation observed.

The title Sau was bestowed on the eldest of the Nasima family who left Vuna in Taveuni and went to Mualevu in Vanua Balavu. Traditionally, the Sau kei Mualevu was the headchief of all the islands in the Somosomo group.

However, Finau Soko's observation on Ratu Josefa's claim as Tui Mavana, should be considered together with the current move in light of the present situation in Fiji.

Mosese Uluicicia Sasala
Suva



Funny matter
www.fijitimes.com - 3 July 2008
IT is a laughing matter for the Mualevu tikina to hear that Josefa Basulu has claimed that he has been traditionally installed as Tui Mavana.

He is not the title holder of the Tui Mavana and he is from the family of the Sau kei Mualevu and none of the Sau kei Mualevu have ever been traditionally installed, not even his father, since that title had come from Vuna in Taveuni. When that title was to change from Sau mai Vuna to Sau kei Mualevu, there was never any traditional installation.

Secondly, it must be known that these two titles are not the same.

They are two different chiefs altogether and thirdly Basulu knows the reason why the people of Mualevu will not install him as their high chief because there is some other who has got higher ranking than him and their families but they seem to be pushed aside by none other but Basulu and his family.

The sad thing is that these two titles are from the same family but the real kai Mualevu will know that the Tui Mavana is superior than the Sau kei Mualevu.

Finau Soko
Suva

Indigenous Fijians fear their rights under siege

Indigenous Fijians fear their rights under siege

www.sun.com.fj - 7/8/2008


Eighteen months after the 2006 coup there is an element of fear within the Fijian people.
They now feel that their right as indigenous people are under siege.

Former Vice President Turaga na Roko Tui Bau Ratu Joni Madraiwiwi in delivering the keynote address at the Fijian Teaches Association annual general meeting this year said: “There is a feeling among many Fijians that their rights as indigenous people are under siege. Whether by the marginalisation of their elected representatives and preferred political party, the reversal of affirmative action programmes, arbitrary changes to Fijian institutions such as the Bose Levu Vakaturaga and the perceived targeting of the Fijian elite: ‘something is rotten in the state of Denmark,’ to quote from Shakespeare’s Hamlet.”

It is this fear that prevents them from openly supporting the interim Prime Minister Commodore Voreqe Bainimarama’s interim government.

This fear has also created suspicion of the leadership.

Support for the interim government would have gathered if the clean-up campaign had produced results.

However, they never dreamed the clean-up would start with Fijian institutions.

The Fijian people have so far watched in silence as they witnessed the reforms in the Great Council of Chiefs.

They have witnessed the unceremonious removals of Fijian chief executive officers.

Now they know their communal representatives will not be in the next parliament.

Ratu Joni said: “Both the interim regime and the National Council For Building A Better Fiji have provoked the ire of certain sections of Fijian opinion by advocating a one vote, one value electoral system. Fijian protagonists have interpreted this as an attack on indigenous identity and the right to have their representatives elected on their own electoral rolls.

“Articles 3 and 4 of the Declaration guarantee the right of self determination. Article 5 assumes the right to maintain and strengthen their distinct political institutions. Those views are held passionately and sincerely. However, in our present circumstances the rationale underpinning the Declaration does not equate. If one accepts that the principle of self-determination enables indigenous people to govern themselves, the dynamic must necessarily change where they form a majority.

“The paramountcy of Fijian interests as a protective principle (as stated in the Compact of the present Constitution) more aptly captures the spirit of the Declaration as opposed to the paramountcy claimed in the 1990 Constitution. In the present situation, Fijians are able to exercise predominance over other communities as well. So the insistence on having separate electoral rolls and representatives becomes less obvious. The irony is that in this different setting, it is the minority communities who then need to be protected.

“The long term solution for Fiji lies neither in communal seats nor in a one vote, one value electoral system. The answer lies in proportional representation that provides the most appropriate safeguards for minorities.”

The indigenous Fijian people are aware through reports of the team that reviewed Fijian institutions the people they elected to represent them in parliament did not do their jobs properly but with no concrete evidence.

They are usually comfortable to be represented by one of their own

They are also aware of the removal of the affirmative action programme and the reason behind it is it is a racist policy.

They are also aware of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples at the 61st session of the United Nations General Assembly

Ratu Joni also told the Pacific Cooperation Foundation at Wellington on the title `The Challenges In Building A New Fiji’ that: “In challenging Fijian institutions such as the Bose Levu Vakaturaga, the Methodist Church and the Soqosoqo Duavata Ni Lewenivanua Party, the Commander has also provided opportunities for reflection and soul searching. What real difference do the Bose Levu Vakaturaga (BLV) and the Fijian Administration (of which the BLV sits at the apex) make in the lives of ordinary Fijians? Does the latter serve any purpose in view of the fact that the Government has responsibility for infrastructure and economic development? What place has the traditional system in the scheme of things? The Fijians themselves need to be heard on those issues.

“Their leaders have a responsibility to listen and discern what it is they want. In what form do they wish their indigenousness (and all that attaches to it) survive? My preoccupation has not been with the form and the hierarchy. It is with the values of kinship, reciprocity and mutual respect that provide a bridge to the other communities. These are qualities that can be harnessed to enhance the vision we seek.”

Here are Dr Brij Lal’s comments on the issue.

“There is a great deal of anxiety among the Fijian people. As they see it, everything has gone wrong for them. Their cherished institutions have been hobbled and marginalised, such as the Great Council of Chiefs. Institutions to which they looked up for leadership and guidance have now been disabled. And what is particularly perplexing for them is that all this is being done by an institution, the military, which was supposed to be the guardian of their interests. So the Fijian peoples’ sense of fear and anxiety and powerlessness is real - and understandable.

“There will be little argument that some, and not only Fijian, institutions need reform to bring them into line with modern thinking. But this should be done through sensitive handling and in cooperation with the people whose lives will be affected by the reforms.

“Commodore Bainimarama may mean well, but he is going about things the wrong way. He seems to prefer monologue to dialogue. Instead of winning the hearts and minds of his people for his reforms, he has alienated them, pushed them into a corner, hardened their resolve not to cooperate, leading them to adopt stances which, in the normal course of events, they might not. The prospect for genuine dialogue is thereby dimmed. Sullen silence is not consent.

“What is particularly galling for many Fijian people I have spoken to is the gleeful gloating among their opponents, erstwhile, fair weather democrats who have no compunction supporting a regime that is anything but democratic, and who are enjoying political power that has come from the barrel of the gun. What can they make of supposedly learned academics calling the military coup a ‘Lesser of the Two Evils’ (what was the other Evil: a Labour-SDL Multiparty cabinet?).

“I have never seen race relations as fraught as they are now. It will take a great act of statesmanship to heal the wounds.”

The Fijian people bear the pain of the reforms silently.

They have no say in the reforms and are continually blamed for their reliance on government help.

Government must be mindful of the fear of the indigenous people.

They must be fully engaged in the reforms in the Fijian institutions.

They need to be engaged in open and honest dialogue, with the government of the day.

It requires patience, forbearance, humility and goodwill to deal with the issues that they want as this will lead to bridging the divide that continues to widen.

The special interests of the Fijian people, including their right of ownership to their natural resources, must be seen by them as firmly protected.

We all want to live happily in a truly multiracial nation.

However, this atmosphere can only be put in place if all ethnic groups realise and respect the rights of the indigenous people.

They are to be reminded that rights co-exist with each other. They are inherent and we possess them as individuals or as part of a collective.

However Fijians have rights as indigenous people and as individuals. It does not mean that their rights are superior to that of our non Fijian brothers and sisters.

Ratu Joni said: “As indigenous people, Fijians have rights that derive from that characteristic. They are different because they focus on the fact of indigenousness. The fallacy of arguing that indigenous rights are superior to individual rights is simply demonstrated. The rights one has as a Fijian do not deny our rights to freedom of speech and conscience as an individual. Similarly, the rights a Fijian has in relation to a non-Fijian arise by virtue of our definition as indigenous people. However, this does not give Fijians superior or special status in legal terms.”

The fears of the Fijian people need to be addressed now.

Rewa Province fete end of mourning for chief

Province fete end of mourning for chief
ROBERT MATAU
Saturday, July 05, 2008 - www.fijitimes.com



Peniame Silatolu (right) leads Bure o Rewa clan members Ro Alifereti Doviverata,
THE chiefly village of Lomanikoro, Rewa, was a sea of colours as family members and the vanua celebrated the end of mourning for the late Vunivalu of Rewa, Ro Jone Mataitini.

Intermittent rain cooled the day as close relatives travelled from various parts of Fiji for the function.

And in a presentation of magiti ni bogi drau (100 nights feast), Ro Aca Mataitini made a pledge on behalf of the Vunivalu clan to their paramount chief and Roko Tui Dreketi, Ro Teimumu Kepa, that no matter what happens they would always stick with her.

"Na vuvale mai Dravo ena maroroya saka tiko na i tikotiko vakaturaga e Valelevu (The Vunivalu's household of Dravo will protect the chiefly household of the Roko Tui Dreketi).

Ro Jone was known to have stuck by the late Roko Tui Dreketi, Ro Lady Lala Mara, throughout her leadership.

Ro Teimumu thanked the vanua for the presentation and kind words.

The lifting of the mourning period featured 10 families with maternal ties to the Vunivalu of Rewa's mataqali Nukunitabua.

Ratu Tubu Uluiviti of Nairai said from one clan emerged many women who raised children with families in various parts of Fiji.

"Their presentation today is testimony of the links the women of Nukunitabua have forged," Ratu Tubu said.

Ro Alipate Mataitini said the function was attended only by those who had close blood ties to their household and those with special links.

The Wye and Pickering families also attended the function as they have close ties with the Vunivalu's family.

A feature of the function was the articulate presentations made by the spokesmen of families linked to the Vunivalu.

Clan members want land back

Clan members want land back
Monday, July 07, 2008- www.fijitimes.com



Peter Dysdale explains the state of affairs at Yaqara to interim Prime Minister Commodore Voreqe Bainimarama
A LANDOWNING unit believes that all State land have their right or traditional owners who cannot be overlooked.

Josateki Buadrau, of the yavusa Rara at Navolau Naba Rua in Ra, says part of their land is now under State grant.

Mr Buadrau said it was important for the Native Lands Commission to clarify who owned which part of the land to avoid dispute among the owners.

He said all State land in the country were under the State because of illegal sales done to it in the early time of their forefathers.

However, he said they knew which land belonged to them because the information had been passed down to them by their forefathers.

Mr Buadrau said his yavusa owned large tracts of land from Ellington wharf to the Vaileka town boundary.

He said they owned Volivoli and other areas including Nananu-i-Ra, Nananu-i-Cake, the islands off Ellington.

Members of Mr Buadrau's clan met interim Prime Minister Commodore Voreqe Bainimarama on Friday to discuss issues on State freehold land they claimed was theirs.

Commodore Voreqe Bainimarama and his team travelled to Ellington wharf to met the landowners.

The trip was part of the Prime Minister's itinerary of his Western Division tour which included visiting the resort development project at Natadola and the Yaqara pastoral farm.

Mr Buadrau said the land in question should be returned to them.

The interim Minister for Lands, Netani Sukanaivalu, was also at the meeting and said that all State land had been sold and now belonged to the Government.

As such, Mr Sukanaivalu said the Volivoli land in question should be returned to the Government and not the landowning unit.

The interim PM's tour party also included the interim Attorney-General, Aiyaz Saiyad-Khaiyum.

Fijian Affairs minister gathers more power

Fijian Affairs minister gathers more power
www.sun.com.fj - 7/1/2008

The Fijian Affairs Great Council of Chiefs) Regulations 2008 has conferred more powers on the Minister for Fijian Affairs.
This new regulation will create more crises for the high Fijian institution.
This will be in regard to the appointment of its membership.
According to section 3 (5) of the new regulations: "The Minister shall be the Chairperson of the Council."
Interim Prime Minister Commodore Voreqe Bainimarama who is also the Minister for Fijian Affairs will be the chairperson of the new look Great Council of Chiefs (GCC) or the Bose Levu Vakaturaga (BLV).that will sit next month.
Section 3 (1) (a), (b), (c) and (d) deal with membership.
This particular section provides overall power of appointment to the Minister for Fijian Affairs.
S3 (1) (b) states: "the 42 persons who are prescribed by regulations 2 (b) of the Composition Regulations to be members representing the chiefs of the 14 provinces shall comprise of 3 chiefs from each of the 14 provinces, each of whom shall have demonstrated exemplary leadership in Vanua and in the community at large, and shall be appointed by the Minister."
Section 6 deals with the disqualification of members.
"A person shall not be eligible to be appointed as a member of the Council under regulation (3) (1) (b), (c) or (d) if the person: -
(a) is an undischarged bankrupt;
(b) is under a sentence of imprisonment (by whatever named called);
(c) has, within the 10 years immediately proceeding his appointment -
(i) been released from prison after serving a term of imprisonment of more than six months, whether as an inmate or extra mural prisoner; or
(ii) completed serving/performing a community service order;
(d) has at any time during the immediately preceding 7 years, been,
(i) a member of the House of Representative (s); or
(ii) a Senator other than a Senator nominated from the Great Council of Chiefs;
(e) is the holder of a public office;
(f) has at any time during the immediately preceding 7 years has been -
(i) a candidate for election to the House of Representative; or
(ii) an office bearer of a political party;
(g) is a person of unsound mind within the meaning of the Mental Treatment Act (Cap 113); or
(h) is by virtue of his own act under any acknowledgement of allegiance, obedience or adherence to a power or State outside Fiji, including being a citizen or resident of another country.
The new regulations have given the power to the Minister for Fijian Affairs to discipline any member.
Delivering the keynote address at the 2008 Fiji Teachers Association (FTA) annual general meeting former Vice President Turaga na Roko Tui Bau, Ratu Joni Madraiwiwi said: "There is a feeling among many Fijians that their rights as indigenous peoples are under siege. Whether by the marginalisation of their elected representatives and preferred political party, the reversal of affirmative action programmes, arbitrary changes to Fijian institutions such as the Bose Levu Vakaturaga and the perceived targeting of the Fijian elite: "something is rotten in the state of Denmark," to quote from Shakespeare's Hamlet."
The new GCC regulations has taken away the power from the people to select their provincial representatives and conferred it on the Minister to totally have the overall power in the appointment of the new GCC members.
Is this fair?
We must be mindful of the fact that the United Nations General Assembly in its 61st session on 7th September 2007 adopted the United Nations Declaration on the Rights of Indigenous Peoples (the 'Declaration').
Article 18 of the Declaration concerns the right to participation in matters affecting the rights of indigenous people through representatives chosen by them.
The new GCC regulations have raised concerns on the power conferred to the Minister for Fijian Affairs in regard t the appointment of members.
The former Vice President raised his concern on the matter too.
He said at the FTA annual general meeting: "The Minister has aroused much debate by the changes he made.
He now appoints all 51 members of the Bose Levu Vakaturaga: the 42 provincial representatives (3 per province), the 3 representatives of the Rotuma Council and the 6 high chiefs appointed at large. The 42 provincial appointees must not only be title holders but are required to be installed as well. These amendments narrow the pool considerably from which provincial appointees can be drawn."
Citing an example he said: "The effect can readily be seen by taking Bau as an example. I would be eligible as an installed title holder, but my close cousins from the chiefly households of Mataiwelagi, Naisogolaca and Muaidule would not qualify for the three Tailevu seats. Neither would anyone else from the Yavusa Kubuna of Bau. Secondly, the requirement takes no account of the vanua throughout Fiji where there is no installation. A successor assumes the title as next in line or by validation from the king makers. These chiefs would not be eligible either."
The installed chiefs will be a very sensitive issue.
For Lau, the nominee from Cicia and Vanuabalavu, Turaga na Sau Mai Mualevu Ratu Josefa Basulu had not been installed.
However he claimed in accordance with the records at the Native Lands Commission (Veitarogi Vanua) the Sau Mai Mualevu is not installed but the next in line takes over when the reigning chiefs dies. So he had just taken over from the late Sau Mai Mualevu.
The nominee from Yasayasa Moala is also not an installed chief. The third nominee will be for the paramount chief of Lau, Turaga na Tui Nayau. Again, since the passing away of the late Turaga na Tui Nayau Ratu Sir Kamisese Mara, no installation had been made.
In the case of the chiefs who just took over the reign without any installation, will the new regulation allow for this?
Many other provinces will have the same problem.
It will be interesting to see the decision by the Minister on such a case.
The chair of the GCC Task Force team, Ratu Josefa Nawalowalo has warned the provinces that had not submitted the three names that the Minister for Fijian Affairs will make the appointments in accordance to the powers conferred on him from the new regulations.
Such appointments would surely be against the people's will.
The change in the regulations may be in breach of the recently adopted Indigenous Rights Declaration.
Ratu Joni said: "To be fair to the Minister, the structure of the Bose Levu Vakaturaga has always been determined by the government of the day. What is controversial is the circumstances in which these amendments were made and their arbitrary nature. They came almost ten months after the Bose Levu Vakaturaga was dissolved or suspended for ostensibly performing its constitutional role. It reversed the practice of several decades where the provincial councils have appointed nominees to the BLV.
Formerly, the Minister only appointed the six members of high chiefly rank. In the last decade, the Chair was appointed from within the BLV with the President, Vice President, Prime Minister and Minister being ex officio members. The Minister's actions do not appear to offend Article 18. But they are inconsistent with its spirit. There was no consultation with the provincial councils, the tikina councils or the constituent vanua. It behoved the Minister or his predecessor to have done so, given the regard with which the BLV is held. This followed some considerable time after the BLV's suspension for its apparent defiance of the interim regime's wishes by vetoing its nominee for Vice President. Moreover, the concentration of powers in the Minister with respect is inconsistent with the more flexible method of appointment that existed previously. It confers on one person despotic powers inconsistent with the more egalitarian nature of our times."
Ratu Nawalowalo has also said the six appointments to be made by the Minister would be at his own discretion and would not require to be in line with the criteria set by the new regulations.
Surely this is not fair as rules are made to be followed and the Minister should set the example.
It will be interesting to see the developments as we come close to the opening of the GCC meeting in August.