The meeting at Rishikul College will go ahead at half past six but organisers have been told they are not allowed to talk about the land provisions in the regime's draft Constitution.
There has been wide conjecture about the regime's plans regarding iTaukei land since it revealed its own draft in February after last year rejecting one prepared by a five member Commission.
It's believed the illegal government of Frank Bainimarama and Aiyaz Sayed Khaiyum plan to take control of indigenous land and there has been a huge outcry by iTaukei communities.
Little has been revealed by the regime about its plans for iTaukei land, even when it has been challenged about it in recent months, but there is fear it will use the Constitution to legalize its intention to usurp ownership.
Itaukei have already come out against such a notion with resistance growing as Bainimarama and Khayium try to claim the Laisenia Qarase government set the precedent when it sold native land to allow the stalled Momi Bay development to get underway.
In recent weeks the regime has tried to kill the land debate just as it has in the past when it knows citizens are fighting back, invoking the well-worn tactics of warning political parties and key leaders 'not to sow racial discord or create social divisions that might lead to unrest and damage the economy and the jobs of Fijian workers'.
Editor's Note: The graph below was used in our story on March 29 about the Coalition's first meeting and spells out where the 1997 Constitution, the Yash Ghai 2012 draft and the regime's 2013 draft, stand on land. As we said then: note the absence of details in the regime draft.
1997
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GHAI DRAFT
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BAI DRAFT
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Chapter 13 Group Rights
Section 185
Alteration of certain Acts
(1) A bill alters any of the following Acts, namely:
(a) Fijian Affairs Act;
(b) Fijian Development Fund Act;
(c) Native Lands Act;
(d) Native Land Trust Act;
(e)Rotuman Act;
(f)Rotuman Lands Act;
(g)Banaban Lands Act; or
(h)Banaban Settlement Act:
including a Bill prepared
in consequence of the enactment of this Constitution:
(i) must be expressed as a Bill for an Act to alter the Act concerned;
(j) must not be presented for the President's assent unless it has been
read 3 times in each House and motions for the second and third readings are
carried in each House; and
(k) is declined not to have been passed by the Senate unless at its
third reading in that House it is supported by the votes of at least 9 of the
14 members of the Senate appointed under paragraph 64 (1)(a).
(2) A Bill that alters the Agricultural Landlord and Tenant Act:
(a) must be expressed as a Bill for an Act to alter that Act; and
(b) must not be presented
for the President's assent unless:
(i) it has been read 3 times in each House and motions for the second
and third readings are carried in each House; and
(ii) at its third reading it is supported by the votes of at least
two-thirds of the members of each House and, in the case of the Senate, by
the votes of at least 9 or the 14 members of the Senate appointed under
paragraph 64 (1)(a).
(3) The President must not assent to a Bill referred to in this section
unless it is accompanied by a certificate of the Secretary-General to
Parliament certifying that, in relation to the particular House, the approval
required by this section has been given.
Section 186 Customary
laws and customary rights
(1) The Parliament must make' provision for the
application of customary laws and for dispute resolution in accordance with
traditional Fijian processes.
(2) In doing so, the Parliament must have regard to the
customs, traditions, usages, values and aspirations of the Fijian and Rotuman
people.
(3) The Parliament must make provision granting to the
owners of land or of registered customary fishing rights an equitable share
of royalties or other moneys paid to the State in respect of the grant by the
State of rights to extract minerals from the land or the seabed.
(4) A law fixing amounts under subsection (3) must
require that account be taken of.
(a) any benefits that the owners are likely to receive
as a result of the mineral exploitation;
(b) the risk of environmental damage;
(c) any legal obligation of the State to contribute to a
fund to meet the cost of preventing, repairing or compensating for any
environmental damage;
(d) the cost to the State of administering exploitation
rights; and
(e) the appropriate contribution to the general revenue
of the State to be made by the person granted exploitation rights.
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Chapter
2––Our Natural Heritage
10. The
natural environment
Our island home is a rich
and complex natural environment. Each of us now living here––
(a) acknowledges the spirit
in all living things;
(b) accepts the
responsibility to care for and preserve the natural environment;
(c) bears an
obligation to leave
a clean and
healthy environment to
future generations; and
(d) undertakes to––
(i) care for the air, the
land, the water, and all living things within them;
and
(ii) use resources in
moderation, and replenish the land.
11. Security
of existing land rights
(1) All ownership
of land, and
all rights and
interests in land,
whether freehold, customary or
public, that existed immediately before the effective date of this
Constitution, continue to exist under this Constitution.
(2) The ultimate ownership of
land held in customary ownership as of the effective date always remains with
the customary owners of that land, and cannot be taken by any other person,
or transferred or granted to any other person, except to the State in
accordance with Article 37.
(3) The State must not require the
transfer or grant of the ultimate ownership
of any customary land except as a measure of last resort, preferring
to enter into lease arrangements or other interests less than ultimate
ownership.
(4) Freehold land remains
freehold when the title is transferred, even if transferred to the State.
(5) Public land belongs to the people
collectively and is held by the State
in trust for them.
12. Principles
of land use and environmental protection
(1)Security of land rights
must be assured for all legitimate land holders, users
and occupiers.
(2) All foreshore land, being land
between mean low spring tide to mean
high spring tide, is public land.
(3) All land and natural
resources must be protected and managed
for the benefit of present and
future generations in a manner that––
(a) promotes conservation;
and
(b) protects biodiversity,
genetic resources and ecologically sensitive areas.
(4) The State must employ
effective systems of environmental impact assessment, environmental audit and
monitoring of the environment.
(5) The State may –
(a) promote good land use;
and
(b) regulate the
use of any
land, or any
interest in or right
over any land,
to promote public safety, public order, public health, or sound rural
or urban development.
(6) Land use planning laws,
and procedures for granting permits, must require owners to provide
reasonable notice to neighbouring owners and occupiers before undertaking any
alteration in land use that may reasonably be anticipated to affect their
rights or interests.
(7) Land administration, including
land records, land
use consultation, planning, procedures for granting permits,
and environmental impact studies, must
be participatory, transparent, accessible and cost effective.
13. Fishing
grounds and marine areas
Parliament must regulate
rights of access to reefs, fishing grounds and similar marine areas, and take
appropriate action to protect all marine areas.
14. Natural
resources
(1) Policy, legislation and
decision making relating to natural resources must be guided by the following
principles:
(a) Resource development and
use must promote the social and economic benefit of the people.
(b) State organs must keep the
public informed and involved in decisions relating to resource policy and
management.
(c) Resource development
permits should be granted on the basis of competitive tendering, unless there
is a substantial reason to do otherwise.
(d) The decision to approve,
licence or otherwise permit any development should be made only after careful
consideration of all foreseeable benefits and social, economic and
environmental consequences.
(e) All enterprises engaged
in resource extraction must be required to maintain best practice standards in
contracting, operations, payments, transparency and accountability.
(2) All minerals in or under
any land or water, belong to the People and are held by the State in trust
for the benefit of the People.
(3) The owners of any
particular land, or of any particular registered customary fishing rights,
are entitled to receive an equitable share of royalties or other money paid
to the State in respect of the grant by the State of rights to extract
minerals from that land or the seabed in the area of those fishing rights.
(4) An Act of Parliament may
determine the framework for calculating equitable shares under clause (3),
taking into account––
(a) any benefits that the
owners received or may receive as a result of the mineral exploitation;
(b) the risk of environmental
damage;
(c) any legal obligation of
the State to contribute to a fund to meet the cost of preventing, repairing
or compensating for any environmental damage;
(d) the cost to the State of
administering exploitation rights; and
(e) the appropriate contribution to the
general revenue of the State to be made by any person granted exploitation
rights.
15. Duty
to consult with respect to land and resources
(1) If any
project is proposed
to develop infrastructure, or
to develop or
extract resources, on any land in a manner that may reasonably be
anticipated to adversely affect the rights or interests of other persons or a
community with respect to that land or any other land, the State and the
proponent of the project have a joint duty, before licensing, permitting or
undertaking that project, to ––
(a) inform those persons or
that community about the project in sufficient detail for the affected
persons to assess the possible effects of the project on their rights and
interests;
(b) engage in constructive
discussions with the affected persons to identify any reservations they may
have about the effects of the project; and
(c) seek consensus
with the affected
persons by making
any reasonable and necessary modifications to the project
to protect their rights and interests and accommodate their reservations.
(2) State organs, when
licensing or permitting a project, must impose conditions which, so far as
reasonably possible, protect the rights and interests and accommodate the
reservations of the affected persons with respect to the project.
(3) The duty to consult, as
set out in clause (1), continues while the project is underway, so long as it
affects the rights or interests of other persons or communities.
16. National Consultative Land Forum
(1) Parliament must enact
legislation to establish a National Consultative Land Forum. (2) The Forum must––
(a) be chaired by a person
with knowledge of land law or land administration in Fiji, who is not the holder of any
public office, and not a representative of the interests of either landowners
or tenants; and
(b) otherwise consist
of an equal
number of persons
drawn from each
of the following three
stakeholder groups:
(i) State organs or
enterprises engaged in land policy, land management or the administration of
land law, including local government authorities.
(ii) Land owners, with a
balance between owners of freehold and customary land owners.
(iii) Tenants, reflecting the
diversity of urban and rural tenants, tenants of freehold, customary and
public land, and agricultural, commercial and residential users.
(3) The purposes of the
National Consultative Land Forum are to––
(a) educate the public on
land ownership, land use and land administration;
(b) research issues
respecting land, land use and land administration;
(c) convene meetings
for deliberation of land
issues in the broader
social and economic context,
and seek to reach consensus on any such issue;
(d) make proposals
to the government
on matters of
policy or legislation concerning land and related
institutions; and
(e) review and express
advisory opinions on policy or legislative proposals of the government with
respect to land in accordance with Article 17.
17. Protection
and reform of land laws
(1) Any policy or legislative
proposal by the government with respect to land, land use or land
administration, must be referred to the Chair of the National Consultative Land Forum
for deliberation and
report by the
Forum before being
adopted or enacted.
(2) The National Consultative
Land Forum may make a unanimous report on any matter, or may make separate
reports reflecting the divergent views of the three stakeholder groups within
the Forum.
(3) A Bill amending or
repealing an Act listed in Schedule 2––
(a) must be expressed as a
Bill for an Act to amend or repeal the Act concerned;
(b) may not be introduced in
Parliament if the National Consultative Land Forum has unanimously rejected
the Bill; and
(c) to be enacted, requires
the support of at least––
(i) 48 members of
Parliament, if any one of the three stakeholder groups in the Forum has
rejected it; or
(ii) 36 members of Parliament,
if the Forum has issued a unanimous report in favour of the Bill.
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25 comments:
Bainimagaitinamu and Aiyarsehole have already riled the iTaukei, and this is the last straw. My advice to them is, go ahead and see where that takes you lol
those 2 pigs probably want all that land so they can sell it to the chinese.well u kno what pigs usually end up dead
If topics of interest to the audience is ruled taboo not to be raised at public meeting despite the fact that it is addressed in the proposed constitution...then we may ask whether the consultation is genuine??
Any topic the Govt is uncomfortable about should be clearly and honestly explained by the Govt to the people especially the affected parties and not be banned from discussion on the pretext that it may stir public disorder.....this is typical dictatorship ie they want to control our thinking and our discussion.
Suppression of rights to expression breeds suspicion and distrust....suggesting Govt wants to hide something the people do not accept.
People of Fiji we must all reject this illegal Govt.
Dis-enfrenchisement of Fijians to their land is potentially a landmine...it will anger indigenous Fijians who will surely revolt against it to everybody's detriment.
The Government is digging it'äs own grave if they try to surpress the land issue to be discussed.
A transparent and responsible government must facilitate opposing view,especially if they wanted the people to give their opinion.
The kaiviti attitude to land utilization may be considered backward in the name of development and economy; the wisdom behind it means our future generation could still enjoy the land...
Europe has learned from their mistake and is trying to rectify the damage being done to the enbironment...
Threats, bullying, persecution and prosecution are the means that the Baini governement has used to control and subjugate the people of Fiji. Unless and until the armed forces and the police stop supporting the Baini governemnt blindly nothing will change. Moreover, non-coperation by the public is another means by which the baini governemnt can be brought to heala dnneel.
But the big question is will the ITaukeis and others join forces or still be divided on racial & religiuos lines. I notice the existing parties: NFP, Labour and SDL are are still pandering to their old racist politics.
@Dan 4:06 PM
""The kaiviti attitude to land utilization may be considered backward in the name of development and economy; the wisdom behind it means our future generation could still enjoy the land...""
The problem is that so many leave their own land unutilised with the lazy excuse of leaving it for future generations but then move near the city, squat, live in shit and squalor and destroy and pollute the area with absolutely no concern for others or the future.
The challenge has been set by the Regime itself!
Now is the time to bring forward the reality that is Frank Bainimarama and Aiyaz Sayed Khaiyum.
And that is, the theft of Ancestral Land Ownership in Fiji and the total annihilation all things indigenous.
Genocide by stealth.
It has taken Frank and his stupid Soldiers 6 1/2 years, but it has obviously been their goal since the outset.
The question is now, will Fijians take a stand?
Ni vicai na sotia kaiviti. Cava takle ni se waraka tiko. Ni yavu sotia ululala.
@Anonymous 4:51
You are obviously a dickhead arselicking regime supporter, devoid of all reasoning and logic.
If Fijians squat and live in shit like the Indians in the city area, then WHOSE FARKING PROBLEM IS IT?
It's not the Indian guy's problem that he is squatting.
It's not the Fijian guys problem that he is squatting.
It's the farking City Council problem.
IF THE COUNCIL HAS A LAW AGAINST SQUATTING THEN THEY SHOULD EXERCISE IT, for farks sake!
IF THE COUNCIL DONT EXERCISE THE LAW THEN DONT COME HERE AND FARKING COMPLAIN
That's their farking problem.
If I want to leave my land idle or my house un-rented etc etc IT IS MAY FARKING PROPERTY AND I CAN DO WHAT I LIKE WITH IT.
How about I come and take your house by force , because I don't like the way you keep your front lawn, you farking stupid idiot.
Would you like that?
Because that is the kind of stupid logic you REGIME ARSELICKERS show time after time. You are all farking stupid.
A famous quote from a long time ago goes...LAND is the only thing worth living for..LAND is the only thing worth fighting for..LAND is the only thing worth dying for!!!!..`cause LAND is the only thing that lives forever. You may have to anihilate the indigenous fijian race to have your way Josaia Voreqe Bainimarama.
@anon4:51 pm
I understand your point and frustration, I guess the key word is Balance...
Unwise uses of natural resources is costly... That is the fact..
Pollution for your infornation is the problem that is caused by both the rich and the poor... Factory owners the worst...
When a people is denied their right to petition the government peacably with their grievances, then that people have the right to revolution.
Let's defend our rights. Contact us at Dakuwaqa@hushmail.com
@Dan 7:54 PM
Point taken and agree that 'balance' is what's required.
As for pollution agree it's a problem within both the rich or should we say those trying to make max money from their business disregarding the enviroment and the poor.
But it's generally the poor that are shouting about the land cultural value which I support and at the same time polluting it needlessly.
The rich with the factories generally do not 'own' the land.
What is the illegal regime worried about instructing the police to arrest those who are discussing land issues. Land is the most talk about issues in any democracy and it is a valuable commodity in the iTaukei community. Why is money not prohibited to discuss since it is valuable to all of us and why discriminate the iTaukei community on this. Is Tudravu and Iowane know what are they doing for their own race? Are they I Taukei or have they been bought not to be i Taukei on this issue alone? Its a shame that you two cannot stand your ground on such issues important for your family and your own mataqali and vanuas.
@ annon 7:04pm...YEAH!! THATS FORTHCOMING..CRIMSON shall stain the GREEN clad robots and the world will witness the demise of approximately half a milliom souls.
Why are land owners not allowed to talk about their land in such important meeting?
Roost..... Who is Rusiate and Ioane naivalurua.....aren't they Itaukei's...do they have land? They are so dumb like their puppet Frank....they don't know what is most sacred to us itaukei's. An Indian Muslim and elite muslims like nazhaat shameem, AZfzal Khan, Assyaz Khaiyum teling Frank what to do. I see these people walking past me in Suva & i want to vomit. They have destroyed our Fijian institutions and what is most dear to our itaukei hearts - our land. My advise - leave land alone Frankie Bainimarama and your idiot adviser AssYaz Khaiyum....."the land has eyes and can kill too"... To the chiefs of Fiji.....what are you doing.....pls stand up and be counted.....you have a duty bound obligation to your people now and future generations. Police and army officers - pls ni yadra mada.....stop being just followers and listen to this crap by Assyaz and Frankie.
Fiji is still a Police State - 7 years after the coup to bring "true democracy"!
Two questions need to be asked regarding the threat to arrest people speaking about Land ownership at tonight's meeting.
1/
Who gave that instruction? To arrest people for speaking about Land Ownership etc.
2/
What is, has been and remains, the goal of this Regime? Is it to once and for all, take absolute control of and ownership over, ancestral Land in Fiji?
A 3rd. question might be, what will Fijians do to stop No. 2 happening?
Threatening to arrest people for sharing their concerns about land is typical of Bainimarama bully tactics. They have used this intimidation tactic for the past six and a half years and will keep doing it until people rise up or pop one of them.
Leave our land alone. You criminal Khaium, stop standing over us, your days is coming around the corner. You such a bully, you shut your face and your idiotic mouth n head. You are the most wanted man in Fiji.
The muslim man has pushed the landowners to the limit. His plan is to destroy all our possessions. Raica ga na nona dokadoka na nona la'ki vosa tiko vei ira na noda ena vei koro. Me tu cake tu ga ka vosa tu vei ira, ni ra dabe kece tu nai taukei, E sa viavialevu dina. E vakacava koi kemuni na sotia kei na ovisa, ko ni kai vei koi kemuni.Sa levu dina na nomuni lialia, na kai Muslim oqori me mai vosa via-vialevu tu vei ira na noda. E sa ka ni veivakamaduataki dina na nomuni tovo.
Another of the facets of Fiji life this demented lot think they can put to rights.
Thieving Khaiyum will do many wrongs to the itaukei to supposedly fix the sins of the past.
In doing that he and Khaiyum are f!!@#$%^ the itaukei over big time.
no one should be surprised .this is the way shameless creatures do their dirty business.
You guys touch the land and that is the end of you two...we are not afraid of the guns I am rest assured that the soldiers can't shoot a fellow country man...your end is near like Naiqama said before Chaudhary was ousted by Speight his parliamentary speech was;"It is the beginning of the end"
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