Survey Review, Vol. 33, No. 258,
247-262, 1995
Traditional Land Tenure Issues for LIS
in Fiji
Mele E. T. Rakai, I. C. Ezigbalike
and I. P. Williamson
Dept. of Surveying and Land Information,
The University of Melbourne,
Parkville, Victoria,
Australia 3052
ABSTRACT
With the help of the New Zealand Government, a
national LIS is currently being implemented in Fiji,
under the auspices of the Department of Lands. Like many
other Pacific Island countries, Fiji has a complex land
tenure system. This is the first of two papers that aims
at examining the implications of LIS for traditional land
tenures. Since LIS is a product of the industrialised
world, attributes of the conventional `western' land
tenures can easily be incorporated into any LIS. However,
attributes of traditional land tenures are yet to be
identified and incorporated into an LIS. Unless
traditional land tenure issues are considered and taken
into account when implementing an LIS, the LIS will not
be fully accepted and utilised by the traditional
peoples, and will therefore not be truly successful. The
emphasis in these papers therefore will be on the
traditional aspects of land tenure. This paper reviews
Fiji's dual land tenure systems, with particular emphasis
on it's traditional land tenure system, and raises some
issues and problems of it for an LIS.
INTRODUCTION
Fiji's land tenure system has evolved into a dual
system, like that of many other colonised Pacific Island
countries. While the traditional communally-oriented
system persists, a western individually-inclined system
has been introduced in parts of the country, especially
in the urban and commercial farming areas.
Along with other factors, this duality in land tenures
has contributed to the economic disparity that exists
today between the taukei[+], on one
hand, and the various settler groups, particularly the
Indians, on the other. The settlers have access to
development funds which the taukei do not have.
This is because the banks would only approve loans
secured by individually-held lands and not for lands
under communal tenure. Also, the sharing which is
inherent in communal traditions, and the associated
non-materialistic values and attitudes were greatly
encouraged and propagated by the adopted Christian
religion and the Colonial Government. The overall result
was a lack of incentive for the taukei to invest
in the land and the economic disparity. Despite many
attempts by the ruling administrations in the past to
narrow the economic gap between the taukei and the
settlers, little visible success has been achieved.
Unless this economic disparity is bridged, Fiji's social,
economic, and political stability will always be
threatened.
In addition, modern development and technology is
affecting the relevance and nature of the existing tenure
systems. Although much of the technological changes can
be seen as advancement, there may be "cultural
costs" involved, as Ezigbalike and Benwell [9]
rightly point out. Thus as the rate of urbanisation
increases, and the standards of education, communication
(radio, telephone, television), and transportation routes
improve, the traditionally strong bond that the taukei
had with their land is slowly being loosened. In addition
the taukei's desire for a greater share of, and
contribution to, the Republic's wealth has sometimes
seemed to conflict with their desire to retain their
social customs and traditions. The resolution of these
conflicts require access to all information relevant to
the Fijians and their land. Perhaps a road to finding an
answer lies in the opportunity that a Land Information
System (LIS) offers, with its ability to integrate
land-related information from several sources and make
them readily available for decision making.
To date, practically all LIS's have been designed for
the rigid, well documented tenure systems of the west,
and attempts are only now being made in some countries,
such as New Zealand, to cater for traditional tenure
systems. Unless traditional land tenure issues are
considered and taken into account when implementing an
LIS, the LIS will not be fully accepted and utilised by
the traditional peoples, and will therefore not be truly
successful.
This paper is one of two papers written by the
authors. The aim of this first paper is to review Fiji's
land tenure systems--in particular its traditional land
tenure systems--and identify issues that could be
relevant for implementing a land information system for
Fiji. Included in this review is the historical
background to Fiji's traditional land tenure systems, in
order to portray how they have been shaped and modified
by varying colonial policies and are therefore not as
indigenous or `traditional' as many Fijians believe. This
will be followed by a comparison of the various land
tenure systems, before highlighting some of the issues
and problems that the dual systems raise in Fiji today. A
future paper will look at areas where an LIS could be
used to document the issues, as a step towards resolving
some of Fiji's land tenure-related problems.
PRE-COLONIAL LAND TENURE
General features
Land tenure refers to the way in which people obtain,
use and distribute their rights to land [5].
Because it is concerned with people, it also involves the
relationships between the members of a society, as a
result of their occupation and ties with the land [9].
With regard to the rights to land, and the associated
relationships, three features of pre-colonial land
tenures distinguish them from western systems:
- Firstly, there were no written records of these
systems at the time--arrangements were
legitimated and publicly endorsed at public
ceremonial gatherings, where members of both
sides were present.
- Secondly, the smooth functioning of these systems
depended largely on maintaining amicable
relationships within the society. There were no
hard and fast rules laid down, as in the present
day `western' tenures. Modifications were made in
accordance with the prevailing circumstances of
the time. Thus rights were legitimated by the
community's recognition and acceptance of them.
- Thirdly, since land was plentiful for the sparse
population and was used for subsistence farming,
the concept of land as a `property' that could be
bartered or exchanged for monetary purposes was
unheard of.
Acquaye [1] has suggested that the following
features could be considered to be common attributes of
pre-contact traditional tenure:
- Land rights were in all cases vested communally
in groups.
- Communally owned lands are usually held
fiducially by the head of a group, for the whole
group e.g. by chiefs, who receive gifts/payments
made for land on behalf of the group.
- Although held communally, land is actually used
on an individual basis (in practice usually
family or household) and not communally (except
for water rights, fishing rights, grazing
rights).
- Individual rights may be acquired by land-owning
members of a group (by matrilineal or patrilineal
inheritance for instance), or by non-members of
the group, through usage or need.
- Individual rights may revert to larger group:
- if land is abandoned;
- if a sub-group dies out;
- if allegiance to a group is renounced or
rejected;
- if temporary right expires.
- Absolute rights to land are not
transferable in principle, even though warfare,
famine, migration, fear of sorcery or other
factors might lead to such transfers.
- Some social, mystic and religious attributes are
usually attached to land e.g. sevusevu
(traditional ceremony for introducing a visitor
and obtaining consent to carry out activities in
the area) to landowners and chiefs required
before going on to new lands.
Crocombe (1993) also noted that in addition to the
above principles, several others applied: the rights of
males were generally superior to those of females; the
rights of older siblings superior to those of the younger
ones; those of seniors (not necessarily older) to those
of juniors; those of residents to those of absentees, and
those of users to those of non-users. In addition,
personal assertiveness, negotiating ability and other
personal factors influenced the outcome in any particular
case. When principles conflicted, as they often did,
compromise and leadership was necessary to determine
which principles (or pragmatic solutions) would apply.
Transfer of Land Rights
Land-rights were acquired or transferred by a variety
of ways, the main one being through inheritance from
either the mother or the father. Inheritance however was
conditional on various other criteria. These include:
place of settlement, need, use of land and number of
children. Land could also be acquired by other methods,
such as by gift, by a reward for past services or help,
by consenting to the needy requests of new arrivals, or
through conquest in times of war. These latter rights are
usufructuary or use-only rights and could only be
guaranteed by the occupant's continual use of their piece
of land, by their good relations with the community, and
by their meeting their obligations to the community.
Failure to meet the community requirements of the time
meant that the land could be allocated to someone else.
This meant that land was acquired and distributed under a
flexible system, in response to the circumstances
prevailing at the time.
Sum Up
A general description then of the pre-Colonial land
tenure systems is that it was a subsistence-oriented one,
based principally on continuous occupation and use of the
land, and honouring the obligations that came with the
land. Land was highly valued, either for its utilitarian,
emotional, mystical, social or religious uses, but did
not have any exchange value, commercially.
HISTORICAL BACKGROUND
Diversity of Traditional Tenures
As Figure 1 shows, Fiji has been successively
colonised by different groups of Melanesians about 3500
years ago, and by Polynesians about 500 years later. This
resulted in the existence of numerous varieties of
cultural and land tenure systems in Fiji, before the
arrival of the Europeans.
Various writers [10, 19, 21] have noted that in
the eastern parts of Fiji, where Polynesian influence was
particularly strong, a hierarchical social structure
existed which gave dominant rights of land distribution
to the chiefs. Here it was acceptable for a chief to have
the final say, with the acquiescence of the community
involved, on who was entitled to what land, and which
land could be disposed of at his discretion. Cases of
lands being disposed of without the approval of the
community have occurred, as when the community had been
conquered by the chief, and/or individuals or sections of
the community had been disobedient to the chief.
However in the rugged interior and parts of western
areas of Viti Levu (Fiji's main island), where Polynesian
influence had not been significant, a less structured,
non-hierarchical system existed. In this system, a chief
mainly served the purpose of leadership in times of war,
but had little right to allocate land to anyone.
The immense varieties of land tenures therefore made
it difficult for the European arrivals to define a land
tenure system that could be universally attributed for
the country. France [10] notes "the
unqualified failure" of attempts made by the British
Administration, during its first 30 years of rule, to
satisfactorily define traditional Fijian social structure
and land tenure.
Foreign Influences
With their feudalistic backgrounds, it was easy for
the first arrivals and, later, the British Colonial
Administration, to identify with the social hierarchical
societies of eastern Fiji. The missionaries, with their
biblical patriarchal concepts, also identified easily
with the eastern hierarchical system. And, since it was
easier for the newcomers to deal with only one individual
rather than a whole community, they encouraged and
fostered the establishment of the chiefly hierarchical
system throughout Fiji. This facilitated their eventual
acquisition of land needed for their missions and
settlement. It should be pointed out here that this
arrangement also suited the chiefs who exploited the
newcomers' dispensation for their own personal ambitions.
Existing Traditional Land Tenure: A Combined Colonial
and Fijian Tradition
France [10] has pointed out that much of what
has now come to be regarded as being customary or
"traditional" land tenure is actually a
customary tenure system that has been greatly influenced,
moulded and modified, almost beyond recognition by two
major events. The first major influence was Polynesian
migration before colonisation. These mainly Tongan
migrants brought with them their distinct hierarchical
system of ascribed or inherited chiefly leadership. The
second major event was the colonisation of Fiji by the
British By establishing first establishing peace and
later introducing firearms, promoting Christianity,
introducing commerce and a system of centralised
administration, they significantly modified the
`customary' land tenure system.
Fiji officially became a British colony in 1874. With
its centralised system of Government, the British rulers
needed an administration system that was based on simple,
easily understood principles, and which could be
inexpensively initiated and maintained. The
"indirect rule" of Native Administration was
therefore established, in line with the British
protectionist policies of preserving and protecting the
indigenous cultures and their land. The land tenure
system of the part of eastern Fiji that in former times
had been the confederacy of Bau was adopted for the whole
country, together with its distinct hierarchical system
of control and authority. This imposition ignored the
immensely varied tenure systems which characterised the
country.
One of two significant actions taken by the British
Administration was to classify Fijian social structure
into a generalised hierarchy that they could readily
understand and work with. Native Land Commissions were
thus set up for this, but as mentioned earlier, the
immense varieties of the traditional social structures
and tenures defied their attempts for the first thirty
years. Then in 1913, pressured by the political and
economical stringencies of the day, a broad
classification of Fijian social structure was drawn up.
This classification (shown in Figure 2) was supposedly
based on evidence obtained from fieldwork. However, the
reliability and the comprehensiveness of this six-month
field work has been questioned:
And so the social unit of the Fijian people which
successive Native Land Commissioner's had discovered to
be most remote from the exercise of land rights was
gradually transformed, through a number of causes
unconnected with Fijian custom, into the legally
registered owner. [10]
Fiji's traditional land tenure has since been based on
this classification. Under this classification the mataqali
was selected as being the most common land owning unit.
Yet the fact that the classification was not truly
representative of the whole country was indicated by the
fact that even the chiefs themselves, the `indirect
rulers' of Fiji, in their debates on the subject, could
not unanimously agree on definitions for the i
tokatoka or mataqali [10]. Even today
this classification sits uneasily upon the taukei,
where their response has been to exploit the deficiencies
in the resulting tenure system [14].
The other significant action taken by the British
Administration was, as mentioned earlier, to introduce a
system of indirect rule, or `Native Administration'. This
`Native Administration' or `Fijian Provincial
Administration' as it is now called, was a form of local
government that had jurisdiction over all Fijians at the
provincial level.
However as Ravuvu [17] noted, apart from
carrying out its customary responsibilities there was
little if any, `local government', since the districts
and provincial offices were administered, financed and
controlled from their headquarters in Suva.
This Fijian Provincial Administration comprised the
Great Council of Chiefs as the advisory body at the top
of the hierarchy, the Fijian Affairs Board (FAB) as its
administrative arm, and local chiefs at the district and
village level to oversee the daily affairs of the taukei.
The FAB is responsible for initiating and implementing
policies relating to the affairs of the taukei.
Under the Fijian Affairs Ordinance it is empowered to
enact rules and regulations that govern native customs,
including land customs.
A result of this combined Native Administration for
Fijians and British Administration for non-Fijians has
been that over the years, various administrations have
been set up, for different functions which sometimes
overlap. (See Table 1.)
FIJI'S LAND TENURE SYSTEMS
Fiji has three main types of land holdings: Freehold
Lands, State Lands and Native Lands. As Figure 3 below
shows, these are held under two different types of land
tenure systems: a 'western' land tenure system, and a
'traditional' land tenure system. Freehold Lands, State
Lands and the portion of Native Lands that are leased out
as `Native Leases' operate under the `western' land
tenure system; while the communally held Native Lands
operate under the `traditional' land tenure system.
The Western Land Tenure System
This system is based on European-styled,
capitalist-oriented concepts, and is intended primarily
to facilitate land conveyancing and land and economic
development [23]. With its emphasis on individual
land ownership, it applies, as already mentioned, to Freehold
lands, State lands, and Native Leases.
It is based on the Torrens Title Registration System and,
because it is oriented towards individualistic commercial
enterprises, an accurate Cadastral Surveying and Mapping
System.
Freehold lands are lands that are held individually or
corporately in fee simple, and are guaranteed by the
Government.
State Lands are all Public Lands in Fiji, and include
those held by the State for Public Purposes (eg. for
roads, reservoirs, dams, drains) and leasing (eg. for
either residential, commercial, industrial or
agricultural leases), and all lands below high water mark
(which includes mangrove swamps and all foreshores). It
presently also includes those lands that had not been
claimed by Fijians when Fiji became a British Colony in
1874 (State Schedule 'B' Land) ; and those Native lands
for which the mataqali or land-owning group have
since become extinct (State Schedule 'A' Land), but these
lands are in the process of gradually reverting back to
the taukei.
The Freehold and State lands account for only 16% of
Fiji's total land area, but as Crocombe [3] notes,
this figure is "misleading and irrelevant",
because in terms of value, they include the best urban,
commercial, industrial and agricultural lands. They
account therefore for most of Fiji's land assets, and are
owned generally by non-indigenous Fijians, mostly
Indians.
Native Leases are those Native lands that have been
leased out: largely to allow the lands that were not
being used by their taukei land owners, to be used
by the other peoples of Fiji, including the non
land-owning taukei. These lands make up the small
proportion of Native lands that is more accessible and
arable (31% of all Native Lands, or 25% of Fiji's total
land area), and are found obviously, in the more valuable
agricultural lands such as the cane growing areas, and
near the main urban centres. All legal dealings relating
to Native Land, such as the issuing of leases,
agricultural licenses, timber concessions, land
subdivisions, and so on is handled by the Native Land
Trust Board (NLTB). This (NLTB) is a statutory body that
was set up in 1940 under the Native Land Trust Act, to
administer all Native lands for the benefit of Fijians
and, paradoxically, for the nation as a whole.
The advantage of this 'western' tenure system is that
dealings for lands held under this system are
straightforward and can be efficiently completed, and
tenure over these lands is generally secure and
guaranteed by the Government.
Administration of lands held under this system of
tenure lies with the Department of Lands and the
Registrar of Titles for Freehold and State Lands; and
with the Native Land Trust Board and Registrar of Titles
for the Native Leases. Table 1 lists some of the features
associated with the administration of the lands held
under these land tenures.
The Traditional Land Tenure System
This system is based on supposedly Fijian customs and
traditions, and applies to all Native Lands (until they
become Native Leases, for which the 'western' system
applies). Though these lands make up almost 84% of Fiji's
total land area, only about 31% of this is actually
accessible cultivable land, which is usually leased out,
mainly to non-Fijians. This leaves the taukei with
lands that are in difficult terrain, not easily
accessible, and of lower quality, to use.
The term "Native Lands" refers to lands that
belong to the taukei, the indigenous Fijians, and
are held in accordance with their customs and traditions.
With the exception of the portion of lands that are
leased out, Native Lands include those lands that are
farmed/used by the taukei for their subsistence
and, increasingly, commercial needs, as well as Native
Reserves - lands that in principle, have been set aside
to be used exclusively by the Fijians only. However as
Eaton [8] pointed out some of these lands have
been leased to Indians under the customary or vakavanua
arrangements.
Lands under this traditional land tenure system work
on the principle of communal ownership of a land parcel
that has already been topographically surveyed, charted
on Native Land Commission (NLC) Maps, and registered in
the Register of Native Lands (RNL). Under this system land
and communal land owners are registered, with no
individual titles being issued. Ownership of land is
vested in the mataqali or tribal group as
registered in the RNL. Individual membership of the land
owning mataqali or tribal group is
recorded in the Vola ni Kawa Bula (VKB).
The Native Lands Commission (NLC), established under
the 1905 Native Land Ordinance, is responsible for
maintaining the VKB, and solving land
disputes. In addition, since 1940, it is also responsible
for demarcating and recommending to the NLTB, areas to be
reserved for the future use of the taukei.
The NLC Maps, containing charted mataqali land
parcels, were compiled from topographical surveys that
were carried out by a variety of methods, ranging from
those using prismatic compass, tape and plane-tables [11],
to those using conventional surveys, and even aerial
photography and photogrammetry [7].
The RNL records the names of the mataqali or
land-owning units, the Native Land Commission (NLC) Map
reference, and the size and NLC lot number of the land
parcel. It (RNL) is maintained by the Register of Titles.
Native lands cannot be sold; and any dealings or works
to be done on or with respect to the land requires the
approval of the majority of the members of the mataqali
that are over 21 years of age. Legally the final
approval/decision rests with the NLTB. Although Native
Lands cannot be sold, they can be officially leased out,
with the consent of the mataqali landowners,
through the NLTB. Once leased out they naturally come
under the 'western' system of land tenure for the
duration of the lease, as previously mentioned.
The advantages of the traditional tenure system for
the taukei is that it has firstly, prevented
outright land sales and land speculation, and thus has
ensured that they have not become a landless people in
their own land. Secondly it has helped the taukei
to maintain their land-based customs and traditions,
which are based fundamentally on the maintenance of
family and kinship ties, and ultimately on the basic
principles of sharing and caring--a principle that has
prevented the Fijians as a whole from being swept away by
the materialism of the modern age. Ironically however, it
is this very principle that has been one of the major
stumbling blocks in the taukei's quest for
economical progress.
Administration of the lands held under this system
lies with the:
- NLTB--for all matters relating to their land,
whether it is for leasing, for acquisition for
public purposes, for improvements to be made to
the land through major capital projects, or for
compensations for any loss of land or damages
sustained;
- NL&FC--for all land and fishing rights
disputes;
- FAB--in so far as their rules and regulations
affect the native land customs.
SOME ISSUES & PROBLEMS OF FIJI'S
TRADITIONAL LAND TENURE SYSTEM
Existing system out of touch with reality
The traditional land tenure system was intended to
preserve for all time, the lands and customs of the taukei.
However as stressed earlier, the existing customary
tenure system is based on the British Administration
crystallising a system that was in operation at a
particular place and time (i.e in the late nineteenth
century, in the Bau-dominated region). Given their
non-Fijian background, and the economical and political
constraints of the time, it was only natural that they
would modify or exclude some seemingly less important but
quite significant details in the system that they imposed
on Fiji [17].
Thus while adopting the system as it stood then may
have been the best solution at that time, it has now
become quite incongruous with existing realities. For
instance some of today's young urban Fijians are not
aware of their tribal groupings. This is understandable
since knowledge of their respective tokatoka, mataqali,
or yavusa groupings is really needed only at
certain times, such as during election times, for land
disputes, or when consents are required for development
works (which they have no interest in, being long-settled
out of their villages).
In addition imposing the mataqali social
structure into the whole country effectively forced mataqali
that were numerically smaller to be incorporated into the
larger mataqali groups. Ravuvu [17] notes however
that are times when the smaller, officially non-existent mataqali
still retain their own identity, despite having been
officially subsumed by the larger group.
Refer to Nayacakalou [14] and Ravuvu [17 and
18] for examples of how the existing system has come
to be out of touch with reality.
Disincentives of customary group ownership of land
for individual enterprise
Although the fact that Native Lands cannot be sold has
had the advantage of ensuring that the taukei
would not be dispossessed of their lands, it has also
disadvantaged them by discouraging the more enterprising
members of the village (or those foreign to the village
but have long settled into it ) from developing their
lands further. For instance there are many cases where an
individual's initiatives or hopes of improving his
productivity is stunted by his failure to obtain the
necessary mataqali approval, as a result of
rivalry, jealousy, or grudges held against the individual
by other members of the mataqali. Thus the
individual's attempts at obtaining mataqali
approval and thus finance for the scheme falls through.
Land which could have been more productively and/or
efficiently used is therefore left undeveloped and
under-used.
Another well known fact of customary group ownership
is that it leaves the aspiring individual farmer very
vulnerable to unintentional `exploitation' by his fellow
mataqali members - i.e. there is the not unnatural
tendency for the remaining villagers to ask the
`successful' individual farmer for donations from either
his crop or his livestock, when a death, birth, or
celebration requires it. The continuing incidence of this
has led invariably to the failure of the individual
farmer's enterprises.
The ALTA Issue
Given the track record of the failure of the taukei
to competitively farm commercially, the inherent fact
that the Native Lands cannot be sold, and only leased has
tended to be viewed as a striking disadvantage for both
the national economy and the Indian farmers in particular
: a view that has been the subject of much discussion and
writings [20, 12, 11]. In order to rectify this
situation, which has long been a particular problem of
Native Lands in the cane farming areas, the Agricultural
Landlord and Tenant's Act (ALTA) was passed in 1977,
enabling agricultural lessees to obtain a maximum of 30
year leases. Because the sugar that comes from these cane
farming areas is Fiji's main export earner, the expiry of
these agricultural leases under ALTA from 1997 constitute
the most crucial issue facing Fiji at the moment.
ALTA was devised to provide lessees with a secure
tenure for the thirty year term of their lease. It
applies to all lands under agricultural use with the
following exceptions:
- lands under 1 hectare,
- lands held cooperatively by a group or
co-operative society,
- unsurveyed areas, such as land in Lau, the
interior of Namosi,
- Native Reserves.
The problem with ALTA is that it only applies to new
leases and does not allow for any extensions once these
leases have expired. This means that it is not entirely
clear what will happen to all leases that are due to
expire from 1997. One option could be to extend the
leases under the Native Land Trust Act (NLTA). However
this may not provide lessees with the same security of
tenure that ALTA provides, as under the NLTA lease
extensions can be refused if the taukei are able
to convince the NLTB that the leased land is needed for
their own use and long term welfare. Consequently
question facing the country now is whether to extend the
ALTA leases or not.
Not extending the leases will give the taukei
farmers the opportunity of reoccupying and controlling
their own lands and proving that they are now capable of
competing commercially with the other races in Fiji.
However past trends and studies [16] have shown
that taukei farmers are not as productive as the
more experienced and better equipped Indian farmers, and
this, in the context of Fiji's national economy , is of
great concern to the Government.
Extending the leases will therefore ensure that Fiji's
economy will not be adversely affected. However this
measure will antagonise the taukei landowners that
have become increasingly interested in commercial
farming, and have thus been crying out for the return of
their lands at the expiry of the present leases.
Brookfield [2] notes that about 25% of all taukei
farmers have been estimated to be now living on and
farming lands that have been leased from the NLTB.
Not extending the leases will also raise the questions
of compensation of improvements, and mass relocation of
farmers : who will pay the compensation accruing to the
outgoing lessees?; and where will the outgoing lessees
go? The economic and social consequences of both
questions can only cripple the country. As the clock
ticks, the answer to this long elusive problem of Fiji's
land tenure is still being sought.
However the fact that both ALTA and the NLTB
effectively forced the taukei landowners to lease
their lands to others, principally Indians, at rates well
below their market value, indicates that in practice, the
Indian lessees have tended to be given priority over the taukei
landowner, for the sake of maintaining the national
economy. With this precedence in mind, and the fact that
the Fijians have always been a very tolerant and
accommodating people, it is very likely that the economic
development of the Fijians will once again be sacrificed
for the sake of the national economy and the other races.
Minimal Benefits for Individual Landowners of Native
Leases
As mentioned previously all legal dealings and
transactions are handled by the NLTB, with the resultant
proceeds being divided between the NLTB (25%); the Chief
of the Vanua (3.75%); the Chief of the Yavusa (7.5%); the
Head of the Mataqali (11.25%); and the individual mataqali
members (52.5%).
The establishment of the NLTB effectively stripped the
taukei of their control over their own lands. This has
been a source of discontent and great dissatisfaction
amongst the taukei for two reasons:
- the best of their lands were effectively
alienated by lease to others, mainly Indian
farmers- for a maximum of 30 years under
ALTA--and despite the best of their plans for
cultivating it, there was no way that they could
touch it;
- the split formula for distributing the rental
proceeds has been a constant source of
discontent.
Speaking in parliament in July 1992, Tuisawau [22]
pointed out that `native land owners were receiving only
3.75% in rent after development costs' taken out by the
NLTB. This ridiculous situation suggests that the
individual land-owning member of a mataqali could
be better off utilising his land himself, rather than
sacrificing it for a lease from which he obtains a mere
pittance. This situation will need to be addressed if the
Government is to avoid a future crisis, particularly in
view of the fact that, as previously mentioned, many of
Fiji's sugar-cane leases are due to expire, under ALTA,
from 1997.
Leasing by Vakavanua Arrangements
In order to bypass the NLTB leasing arrangements, with
its associated loss of control over the land and minimal
benefits, many taukei have been utilising the
customary `vakavanua' system of allowing a
non-mataqali member, without the officially required
sanction of the NLTB, to use their land for an agreed
period of time. Despite not having any legal status, this
has always been a widely practised tradition, and is
being used increasingly by the taukei in order to
obtain "immediate, cash-in-hand profits" [8].
This vakavanua arrangement is one where an
individual requests permission from the taukei to
use the land. The request is normally made by a
ceremonial presentation of sevusevu, where yaqona
, supplemented with tabua or cash is offered to
the taukei. The onus is then on the individual to
pay or `share', voluntarily or as agreed upon with the
taukei land owner, a part of the proceeds of his use of
the land
This practice naturally lends itself to much abuse.
For instance some taukei landowners have been
known to demand payments as much as ten times above those
of the NLTB rates [8]. However this practice
provides advantages for both the taukei landowners
and their tenants in that it allows the taukei
landowners to receive more money from their tenants and
to have more direct control over both their tenants and
their land; and it provides the tenants with access to
land that could otherwise have not been available to them
- e.g. use of Native Reserve Land, which legally is only
meant to be used by Fijians only, but is actually used
unofficially by non-Fijians under this vakavanua
practice.
The disadvantages of this practice are the insecurity
inherent in the fact that it is not a legally recognised
practice, the lack of control over any abuse of the
practice, and the tendency for the land to be
over-utilised, with little thought of conservation,
during the term of the agreement.
CONCLUSION
This paper has attempted to review Fiji's dual land
tenure systems. Although most of the taukei were
not dispossessed of their lands they have not been able
to capitalise on this and fully utilise their lands, for
various reasons. Added to that was the fact that what
lands they had been left with has not always been
sufficient for their needs, being largely marginal,
inaccessible lands. The result is a glaring economic
disparity between the taukei land-owners and the
large, relatively landless Indian communities.
Description of Fiji's dual land tenure systems, and
the discussion of some of the issues that followed,
reveal the complexity of Fiji's land tenures and its
consequent tenure- related problems: a complexity which
in the past has been naturally difficult to document and
therefore understand. The ability therefore of an LIS/GIS
to integrate, reflect and analyse a variety of themes or
layers of information, offers some hope of finding
solutions to Fiji's land tenure-related problems.
An area in which an LIS will undoubtedly be useful
will be in improving the complex and confusing
administration of Fiji's present land tenure systems.
This would have many flow-on effects, of which an
important one would be to facilitate the development of,
and movement towards, much needed reform in the existing
colonialist-inspired tenure systems.
However, it is important to remember that an LIS is
only a tool to be used by administrators, planners
and land-users, to help them in planning their
work/resources. It (LIS) exists merely to provide, for
instance, information about the land, the resources upon
it and the improvements made to it, which then allows us
to predict future patterns or events. It thus offers the
opportunity of compiling inventories of all interests in
land (e.g. social and spiritual interests), and at the
same time, to study and monitor existing land tenure
practices (e.g. long-standing occupation and use). As
such it will not in itself affect existing land tenures,
but the information it provides will for the first time,
provide managers, planners and administrators with enough
reliable information to allow them to understand the
complexities, weaknesses and strengths of our existing
land tenure systems, and so place them in a better
position of finding solutions to Fiji's land
tenure-related problems.
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Survey Review, 26(206): 355-366.

Figure 1 : History Of Colonisation
and Government

Figure 2 : Classification of Fijian
social structure

Figure 3: Comparison of Land Tenure
by Areas
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