NLTB has too much power: Academic

Fiji’s native land administrator, the Native Land Trust Board which does not own any land has a lot of power, University of the South Pacific academic Dr Steven Ratuva says.

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Fiji Islands Waste Threat Prompts Village Action

Villagers of the small fishing town of Vunisinu, Fiji were at a mad scramble to find out why their catch was diminishing by the day, only to discover that the causes were of their own making. Household waste water pollution, over-fishing, and mangrove destruction were pushing the sea’s resources to its limits.

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Fiji: Native Land De-reservation Proposal- A Bridge to the Future Or A Bridge Too Far?

The issue of de-reserving native land in Fiji seems to be blown out of proportion by the use of negative connotations framed by the local media in Fiji, underscored by the article in Fiji Times.

Deregister plan

UNAISI RATUBALAVU
Thursday, February 14, 2008

There are moves by the interim Government to de-reserve native reserve land. This follows instructions from Finance Ministry permanent secretary for Sugar Peni Sikivou to the Native Land Trust Board last month to consider a proposal to de-reserve land by a consultant from India.

The cover letter of the report states the NLTB needed to consider a proposal by sugar expert Dr Krishnamurthi on the rehabilitation of the sugar industry and to have a reply by January 18.

The paper provides recommendations to use de-reserved land for lots of 40 to 400 hectares to be created and leased to individuals or companies that undertake commercial farming. The report was compiled in November last year and submitted to interim Finance Minister Mahendra Chaudhry.

Mr Sikivou refused to comment on the report, saying he was busy in a meeting yesterday. Mr Chaudhry was unavailable for comment.

Dr Krishnamurthi said in the report it was well known that Fijians did not have enough incentives for farming. "They had their own serious social problems that were ignored and that the laws governing their inheritance was of sharing and not lineage inheritance," he said.

Dr Krishnamurthi said the share of the proceeds from Fijian land was negligible and of no value. He said Fijians had a lack of security and could not finance their land.

"In effect, neither the successive governments nor the NLTB or chiefs ever contributed to the welfare of the indigenous Fijians, leaving the landowners poor in standards of living," he said.

"The Fijianisation program did not yield the desired results because of the lack of leadership."
But these statements have angered chiefs who will not allow an outsider to suggest the de-reservation of their land.

Tui Tavua Ratu Ovini Bokini said the interim administration needed to consult landowners honestly about its intentions. He said there was no way he was willing to deregister land for sugar cane as the returns were low. Native reserve land is established under the Native Lands Trust Act. This land is set aside in certain areas for the use of landowners known as ikovukovu. It is to ensure there is always sufficient land for the landowners to use.

Burebasaga confederacy paramount chief Ro Teimumu Kepa said the regime had no right to make a unilateral decision on land that was collectively owned by Fijian landowning units.

"The regime cannot bulldoze their agenda on the people. The landowners must be consulted as the asset belongs to them," she said.

Komai Nausori Ratu Meli Balenaivalu said he would not give any land for such purposes because it was owned by the past, present and future generations. "I am shocked to hear the regime is pursuing to de-register land without consulting landowners when native land is a sensitive issue Fijians value close to their hearts," he said.

Bau chief Adi Samanunu Cakobau said she was concerned about the move in her capacity as a Fijian chief.

"This is news to me and as a chief I am concerned," she said.

Fiji Times Editorial also fails to point out the distinctions between the Lands Use Commission and the De-reserving Proposal.

The excerpt:

Give them a fair hearing

Friday, February 15, 2008

THE interim administration might mean well by commissioning a report which proposes the deregulation of native reserves. But it has failed, as many governments have failed in the past, to involve the most important stakeholders of all from the very beginning of the project. This single move has the potential to derail plans.

Any dealing with the land strikes at the heart of even the most moderate Fijian. That is why it is very important that every dealing any government has pertaining to land, must involve discussions with the landowners.

They must know exactly why the report was commissioned and what the proposals in the document will mean to individual mataqali. In the present political climate, it becomes even more important for the authorities to assuage the fears and distrust of the indigenous people.

"Bainimarama said the critics and commentators have just focused on belittling the efforts of the interim government which is committed to exploring the best options available for better utilization of any type of land for the benefit of the landowners foremost, the tenants and the economy as a whole"

Already, the tone of discussions in the villages, in homes and around the yaqona bowl has taken on an alarming slant. This is because the people who own the land do not know or fail to fully comprehend what is happening.

Force will not work, neither will the gubernatorial approach. Involve the landowners now, show them the benefits that new land legislation will bring. The way to the landowner's heart and mind is increasingly through the pocket. An equitable return and security is what the landowner wants and deserves.

What government should aim to achieve, however, is to make the indigenous people less reliant on handouts such as the Agriculture Scam or, to some extent, lease payments. As the Krishnamurthi Report points out, Fijians do not have enough incentive for farming and returns from indigenous land are meagre, at best.

It goes further to say that successive governments, the Native Land Trust Board and the chiefs have not done enough for the welfare of the people. The Fijian must be allowed to play a more active role in the use of indigenous land and reap maximum returns.

This means the indigenous people must run the business be it a farm or backpacker resort themselves. The NLTB should provide funding, training and administrative support for these ventures.

It is time for the Fijian to destroy the myth that the indigenous people are lazy and cannot run farms or successful businesses.

The reasons for dereserving that land was to ensure the native landowners had enough land for their own use in years to come."

If you want to de-reserve that then you will have to evaluate the number of mataqali members compared to land available. So many times the NLTB has for invalid reasons been dereserving native land for its own purpose without informing the landowners what for."
(Niko Naiwaikula: Fiji Times Weds. February 13, 2008)

The story took on its own life when, many commentators ill-informed of the two different aspects of the Lands Use Commission and the "Krishnamurthi" Report, which some labeled as a land grab because it proposes (the key word) to de-reserve native land tracts in Fiji.

Some of the comments are from the usual instigators, who continue to broad side the proposal of de-reserving native land in Fiji, as if it was signed, sealed and delivered. Most importantly, most of scathing of comments come from entrenched Chieftains from the North-East sector, who view this proposal as a 'coup de grace' to their spheres of influence, which indirectly affects their future political aspirations.

Among the notables, the convicted Paramount Chief of Cakaudrove and former Minister for Fijian Affairs, Ratu Naiqama Lalabalavu whose comments appeared in a Fiji Times article. The excerpt of the FT article:

Touch not, Tui Cakau sounds warning on de-reservation

Saturday, February 16, 2008

THE Tui Cakau, Ratu Naiqama Lalabalavu, has warned the Native Land Trust Board against steps to de-reserve native land until the Agricultural Landlord and Tenants Agreement is resolved.

Speaking from Taveuni yesterday, Ratu Naiqama expressed concern and urged the NLTB, interim Prime Minister and the President, Ratu Josefa Iloilo, to reconsider any effort to de-reserve land.

"They should not make any hasty decision here. Precedents of reserve land being de-reserved which fell in the ambits of ALTO (Agricultural Landlord and Tenants Ordinance). A classic example was Korovuto in Nadi and NLTB has records to prove my point. They should not shy away from history. Tenants of reserve land have now been taken over by ALTO in the 1970s," Ratu Naiqama said.

He said de-reservation of land was here to stay but changes would only come about if it had the numbers in the House of Representatives.

Ratu Naiqama who was Fijian Affairs Minister in the ousted SDL government and held a managerial post at NLTB, said there was no guarantee landowners would not lose their land, given the history of landowner losses under ALTO.

"Why are they trying to touch reserve land when ALTA has not been resolved? Is this another way of hoodwinking Fijians as they did during Mahendra Chaudhry's one-year reign as prime minister?

"In all this, landowners will be the ultimate losers," he said.

This issue of land solutions has seemingly prompted the ousted Prime Minister, Laisenia Qarase and other SDL patrons, who continue to issue their dime's worth, as demonstrated in a Fiji Times article.
Qarase like other politicians with ulterior motives, unapologetically gravitate to the limelight like a baby in a christening, a bride at a wedding and a corpse in a funeral; all rolled into one.

The excerpt of the FT article:

Qarase condemns plan as land grab

Sunday, February 17, 2008

OUSTED Prime Minister Laisenia Qarase has labeled a move to dereserve native land as a "land-grab" by Mahendra Chaudhry.

"I believe that it is an initiative by the interim Minister for Finance, Mahendra Chaudhry and he is just using the consultant from India, Dr Krishnamurthi", Mr Qarase said. "This is nothing less than a grab for land for Mr Chaudhry and his followers," [Qarase] said.

Mr Qarase added there are 600,000 hectares of land already used for cane farming and that was more than enough for cane production. He [further] added the optimum level of cane production for farmers is from four to five million tones a year.

"The problem is the low production. At the moment, Fiji is producing around 50 tones of cane per hectare, but that needs to be increased to 70 or 80 tones in order to meet the optimum target level," Mr Qarase said.

Mr Qarase added if the proposal to de-reserve native land goes ahead, the interim Government would be treading on dangerous ground.

"Land to the Fijian is part of their soul, heart, culture and tradition."

Other even keeled commentators like the former NLTB lawyer, Niko Nawaikula has urged that landowners should be fully consulted in the matter according to a Fiji Times article. The excerpt of the FT article:

Inform landowners properly: Nawaikula

Wednesday, February 13, 2008

Update: 11:18AM A FORMER lawyer for the Native Lands Trust Board said landowners should be informed fully why their land was to be dereserved.

Niko Nawaikula, the deposed Deputy Speaker of the House of representatives, former secretary of the NLTB and lawyer said getting approval or consent for dereservation was not a problem.

Replying to a consultancy report from Dr Krishnamurthi of Sakhti consultancy in India prepared for interim Finance and Sugar Minister Mahendra Chaudhry, Mr Nawaikula said the important part was to inform landowners properly what they were derserving the land for.

"It took the late Ratu Sir Lala Sukuna 20 years of extensive consultation and planning to dereserve native land," Mr Nawaikula said.

"The reasons for dereserving that land was to ensure the native landowners had enough land for their own use in years to come. If you want to de-reserve that then you will have to evaluate the number of mataqali members compared to land available. So many times the NLTB has for invalid reasons been dereserving native land for its own purpose without informing the landowners what for."

Mr Nawaikula said for dereservation one needed 50 per cent of mataqali to give their handwritten consent.

On de-reserving land for sugar, Mr Nawaikula said from a landowners point of view they should be trained in the industry and farming and have an equitable share in the Fiji Sugar Corporation.

A chief from the Vuda and former diplomat and politician highlighted the sensitivity of the subject and urges for an extensive consultative process that should be presented to the grassroots and the layers above or beyond, according to a Fiji Times article.
The stark difference in rhetoric between the Western and Eastern Chieftains has been such a contrast. Easterners (including parts of the North) reject the proposal outright, even though most have not even read the report. Some westerners can be more approachable and may take the time to consider the pros and cons.

The excerpt of the FT article:

Dereservation 'too sensitive'

Sunday, February 17, 2008

Former diplomat and landowner Ratu Tevita Momoedonu believes that dereservation of native land was a sensitive issue that would stir up the emotions of indigenous Fijians.

Ratu Tevita said that it would invite all sorts of problems. He said that the land was a sensitive issue for the Fijian people, so any plans to do anything to it should be considered carefully. Ratu Tevita said extensive consultation should be done with the landowners.

"If anyone wants to touch the land that is reserved for the Fijians, they must make their intentions very clear and consult the whole Fijian system from the village level right up to the provincial level," he said.

Ratu Tevita said landowners must be consulted and made aware of what the land would be used for.

"This is a very sensitive issue that will surely stir up the emotions of the Fijians. They just can't impose it from the top, it is dangerous." Ratu Tevita, like other chiefs, has expressed his concern on the proposal for native land to be dereserved to help boost the ailing sugar industry.

The nationalist Taukei Movement western branch assistant secretary Isikeli Uluikavoro Qoro said: "It is too sensitive to the Fijians. Please leave the native reserve land alone."

" People are moving away from their lands and living in squatter settlements around the country in search of casual labour because they are unable to put their land to good use ". (M. Chaudhry Fiji Times Sun. Feb 17th 2008)

"This is still a serious anomaly. NLTB administers the land and members of the mataqali have to lease the land from the administrators". (Krishanmurthi report- Fiji Live Feb. 18th 2008)

Despite the chorus of uninformed voices, the Native Lands Trust Board (NLTB) spokesman has officially stated that plans for the de-reserving of all native land will not get their approval, according to a Fiji Times article.

The excerpt of FT article:

NLTB no to native land proposal

UNAISI RATUBALAVU
Saturday, February 16, 2008

THE Native Land Trust Board has made it clear it will not agree to de- reserve native land.

"The NLTB will never agree to the proposal that all native land be de- reserved because we have to think of the indigenous generation," said NLTB public relations officer Ro Alipate Mataitini. Ro Alipate said even though many landowners might agree to the de- reservation of native land, the NLTB would have the last say on any development proposal.

"If the NLTB thinks the decision by the landowners will not benefit them in the long term, the process will not go ahead unless the NLTB is satisfied it will be in the long-term interests of the landowners and their descendants.

"This is important information since people must not think that just by getting the majority of landowners to approve de-reservation that it will automatically happen," he said.

About 37 per cent of native land is set aside as reserves from the total 87.75 per cent of native land in Fiji. Freehold land is about 6 per cent, state land is about 4 per cent and land for Rotumans is about 0.24 per cent, NLTB statistics say.

According to Dr Krishnamurthi, the first major step was to de-reserve all native land. "It is obvious that the 4.0 hectare farms are uneconomical, thus lots of 40 to 400 hectares be created and leased to one individual or company without affecting land ownership," Dr Krishnamurthi recommended.

He said ownership would be vested on the title holder and investments would be by the lessee at a lease period of 75 years or more.

However, a segment of the Krishnamurthi report, according to a Fiji Live article actually identifies the reason for the lack of social mobility in Fijians, stems from the neglect of the Native Lands Trust Board(NLTB), successive Fijian Governments and the influence of Chiefs.

The excerpt of the FL article:

NLTB, Govts, chiefs accused of neglect
18 FEB 2008
The controversial Krishnamurthi report has accused the administrator of native lands, the Native Land Trust Board, successive Fiji governments and Fijian chiefs for neglecting to contribute to the welfare of indigenous Fijian people.

It highlighted that members of the mataqali (clan) had to lease their own land from NLTB, and that the board was very slow in facilitating processes including disbursing monies due to land owners.

Large amounts are still outstanding, the report alleges. “The land owners remained poor with poor standards of living,” the report stated. The NLTB is expected to reply later to these accusations.

The report by consultant M Krishnamurthi on the rehabilitation of the Fiji sugar industry recommends de-reserving land for lots of 40 to 400ha to be created and leased to one individual or company to undertake commercial sugarcane farming.

Native land comprises almost 90 per cent of the Fiji land mass. The interim Government is considering the proposal in order to revamp the ailing sugar industry.

At least two chiefs have spoken strongly against the idea – Nadroga high chief Na Ka Levu Ratu Sakiusa Makutu and Rewa paramount chief Ro Teimumu Kepa.

The report goes on to say that the major cause of productivity decline for sugar is land reservations for landowners. It said while the concept was good the practice of it did not fit any logic, that is, the land owner had to lease from the NLTB his own land and pay rentals.

“This is still a serious anomaly. NLTB administers the land and members of the mataqali have to lease the land from the administrators.”

The report claimed that it was found that NLTB was and is very slow in facilitating processes. According to the report, the share of land proceeds to Fijians were negligible and hence of no value. Thus the cropping area fell down to some 60,000 ha with an average of 25mt per ha, it maintains.

But a University of the South Pacific academic Professor Biman Chand Prasad has described the 12-page Krishnamurthi Report proposal as poorly written and lacking depth and discussion of the changed conditions that the sugar industry is operating in at present.

Professor Prasad says the report was misleading in saying that the major cause of productivity decline is land reservations for landowners.

“The report fails to refer to the many studies on the efficiency of sugarcane farming that have identified several factors which have led to the declining sugarcane yields. These include poor farming practices, rising costs of labour and farm implements and poor extension services to name a few.”

While uncertainty of tenure contributes to lower productivity, it is misleading to say that the major cause of productivity decline is land reservations for landowners.
“On the contrary, many of the leases which were not renewed since 1997 have been renewed and leased to new tenants. For example between 1997 and 2003 about 5506 leases were renewed.”

According to the report, Dr M Krishnamurthi hails from Fiji where he spent 30 years, of which 18 years was as director of Sugarcane Researches and later Sri Lanka, Thailand, India in establishment of research centres and implementation of highly profitable programmes.

Sadly, some of the most vitriolic objections are being echoed by individuals who conveniently have morphed the land issue into racial overtones, as CCF President alluded to in a Fiji Times article. The except of the FT article:

Yabaki tells chiefs to be sensible

Thursday, February 14, 2008

Update: 1.52pm The Citizens' Constitutional Forum is concerned that the report on the Rehabilitation of the Sugar industry is being manipulated again into a racial issue, over-shadowing the problems.

"The report is revealing the reality that the sugar industry, on which about 200,000 people in Fiji depend, is doomed to collapse unless mechanised and large-scale farming is introduced," CCF Chief Executive Officer, Rev Akuila Yabaki said.

He urged landowners and chiefs to be responsible and to ponder on questions related to what crop could replace sugar and what incentives they could offer to revive the economy in the country if the sugar industry collapsed.

Interim Finance Minister, Mahendra Chaudhry promotes the positive returns for landowners, derived from this de-reservation policy, as published in a Fiji Times article. The excerpt of the FT article:

Chaudhry defends land proposal

Sunday, February 17, 2008

INTERIM Sugar Minister Mahendra Chaudhry has defended the proposal to dereserve all native land, saying it was in the best interests of the indigenous community.

Mr Chaudhry said the proposal would lift the Fijian community out of poverty by guaranteeing financial returns for their most treasured asset.

Mr Chaudhry also reassured the indigenous community that dereservation would not result in them losing their land. "The Fijian people own 85 per cent of the land and this proposal would put millions of dollars into the pockets of landowners," Mr Chaudhry said.

"People are moving away from their lands and living in squatter settlements around the country in search of casual labour because they are unable to put their land to good use," he said. "This proposal would result in landowners being given the lease then allowed to hire contractors to work the land while they get financial returns through cooperatives that would be set up for them. "How can we let the Fijian people live a life of indignity and poverty when they own assets worth tens of millions of dollars," [Chaudhry] said.

"We do not want to take the land away from the landowning community but to see that they receive financial returns from their resources," he said.

Mr Chaudhry said the proposal by Dr M Krishnamurti was made in light of the mill upgrades underway that would eventually require an increased cane volume of about four million tones by 2010.

Mr Chaudhry said Mr Krishnamurti had suggested dereservation to bring all available unused cane land into production. He said the proposal was handed over to the Native Lands Trust Board for consideration and the decision was left to the board on whether to go ahead with the initiative.

He claimed some people were trying to "create mischief" by opposing the plan.

Interim Prime Minister, Frank Bainimarama also warns those in Fiji who prey on emotions, not to mislead, confuse and divide the community in an article in Fiji Village.


The excerpt of the FV article:

Interim PM clears govt stance on land issue
Publish date/time: 15/02/2008 [17:11]

The Interim Prime Minister Commodore Frank Bainimarama stresses that the interim government has not taken any formal stance on the proposal in relation to the de-reservation of native lands.

In a statement this afternoon, Commodore Bainimarama said the comments which have been made on the report by Indian Consultant Dr. M Krishnamurthi, have as usual, attempted to politicize and sensationalize the land issue by selectively highlighting the recommendations in the report.

Bainimarama said the critics and commentators have just focused on belittling the efforts of the interim government which is committed to exploring the best options available for better utilization of any type of land for the benefit of the landowners foremost, the tenants and the economy as a whole.

He said in this context the interim government has set up the Committee on Better Utilization of Land and its proposals were endorsed by cabinet. However, the Committee was not even aware of Dr. Krishnamurthi's report and as such the report never featured in its deliberations.

The Interim Prime Minister said to set the record straight, the Committee's recommendations and Dr. Krishnamurthi's report are two different matters and should not be confused with governments intentions.

The Commander reveals that the Committee on better utilization of land's recommendations is a direct result of its deliberations with the NLTB and the relevance, viability and acceptance or otherwise of the NLTB's proposal for incentives to be offered to landowners.

Commodore Bainimarama states that the interim governments intentions is very clear and through the incentive packages as recommended by the NLTB, landowners should expect more rental income in the future with an increase in native land rentals to 10 percent of unimproved capital value.

He revealed that under the new proposed arrangements, the NLTB will consider waiving the 15% poundage to be charged on the proposed rental subsidy which will ensure maximum benefits are passed on to the landowners. He also revealed that the Committee on Better Utilization of Land has recommended that the term of native leases be increased from 30 to 50 years.

Bainimarama said the need to put in place an attractive incentive package that benefits both landowners and tenants is a pressing national issue that needs to be urgently addressed.

The Committee on Better Utilization of Land consists the Permanent Secretary of Indigenous Affairs Ratu Meli Bainimarama, Permanent Secretary at the Prime Ministers office Pramesh Chand, PS Land Dr. Rohit Kishore, PS for Provincial Development Manasa Vaniqi, Acting Permanent Secretary for Agriculture Dr. Rishard Beyer, Acting Deputy General Manager of NLTB Meli Benuci and Chairman of the Sugar Commission of Fiji John May.

The Interim Prime Minister stresses that the interim government fully recognizes the historical, social and cultural significance, which indigenous Fijians place on their customary land.

He said recognizing this the interim government has come up with a proposal which would accrue more benefits to the landowners, yet fully safeguard their rights to ownership as entrenched in the existing legislations.

Commodore Bainimarama stresses that it is time to put emotions aside and start looking at issues rationally.

The report by the consultant from India, Doctor M Krishnamurti to the Sugar Ministry, has recommended all native land be de-reserved. The native reserve is the land set aside for each mataqali for its planting and to support the landowning unit's needs.

The reserved land is not to be leased out as it is arable land for the mataqali's needs.

Doctor Krishnamurti's report has recommended that the 4 hectare lots for cane farming are uneconomical and 40 to 400 hectare farms are more viable. He also recommends that all investments on the proposed farms be carried out by the lessee and the lease terms be a minimum of 75 years.

Clearly the blog postings by Fijian Custom Culture and Solivakasama apparently fit that description of "preying on emotions".

While a blog posting by Babasiga discuss the report in a intelligent manner and in another post offers some comparisons to the island of Mauritius and the aspect of the declining sugar industry.






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Chiefs urged to ponder economic survival

Fiji’s chiefs and landowners have been urged to consider the future survival of towns in the Western Division if the sugar industry collapsed.

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Fiji Law Society President In A War of Words.

Fiji Law Society(FLS) President, Isireli Fa seems to be caught in a cross-fire between Fiji's Attorney General, Sayed-Khaiyum and Fiji's Ombudsman, Dr Shaista Shameem.

Shameem's initial comments stated that she was ashamed to be a member of FLS, which appeared in a Fiji Daily Post (FDP)article. The excerpt of FDP article:

‘I’M ASHAMED’
11-Feb-2008 01:59 PM

Shameem slams law society president. THE Fiji Law Society (FLS) has come under fire from one of its more prominent and controversial members for its non-participation and absence during the opening session of the Fiji Court of Appeal last week.

In a strongly worded letter of complaint addressed to FLS president, Isireli Fa obtained by the Fiji Daily Post, and dated February 7, 2007 Human Rights Commission director and society member Shaista Shameem said she was “ashamed” to be a member of the FLS.

Shameem said she was appalled at Fa’s actions and decisions as he went against his promise earlier that the FLS would be represented at the first Court of Appeal session on Tuesday, February 5.

Shameem said she attended the court in her capacity as Ombudsman and did not see any society member at the inaugural session.

It is understood Fa was away in Australia on a personal visit and was supposed to be represented by his deputy, Laurel Vaurasi. However, Vaurasi or any other society representative failed to make an appearance that day.

Shameem said she received a New Years email message by Fa later that same morning and among other things informed her of the society’s intention to host a “Bench and Bar dinner” three days later.

Shameem said the dinner was a good idea and seriously considered buying the “expensive” tickets because it was for a worthy cause, but after the FLS absenteeism from the Court of Appeal sitting, she demanded an explanation.

In her letter to Fa, she said that the failure of the society to attend court session was supposed to be an “unfortunate incident” but later that evening the FLS president told national television that the “FLS does not recognise judges appointed since December 2006 because they are unlawful”.

This she said was Fa’s new reason for the non-attendance of the FLS at the Court of Appeal. Shameem said that as a member of the society she should have been consulted on general views concerning the judiciary.

“I have no problems with your personal views or those of the FLS committee about the legality or illegality of the courts, etc. You are entitled to your own opinions, misconceived or ill informed though they may be. I do think, however that before making pronouncements of such magnitude as ‘judicial appointments are unlawful’ you must consult the membership. In fact, as a member I expected to be consulted,” she stated in the letter to Fa. Shameem added that Fa’s public remarks about the society not recognising some members of the bench was a “lack of common sense.”

“Your conduct is reprehensible. I am ashamed to be a member of the FLS because the President tells such fibs and then retreats behind some dogma of his personal legal position,” Shameem stated in the letter. She added and for Fa to suggest a “Bar and Bench dinner” designed as in his message ‘to create an environment’ for judges and lawyers to get together was not impressive.

Shameem said she has informed the Chief Registrar that she disassociated herself from Fa’s statement. In her email to Fiji Daily Post, Shameem had indicated that the contents of her letter to Fa was for “public consumption.”

No comments could be sought from Fa when this edition went to press last night.

Fa reacted to Shameem's comments, in blustering terms labeling it a 'Red Herring' in a Fiji Times article. The excerpt of FT article:

Shameem attack's a red herring, Fa says

Wednesday, February 13, 2008

THE attack by the Ombudsman, Dr Shaista Shameem, on the Fiji Law Society aims to divert focus from debate on the Judicial Services Commission, society president Isireli Fa says.

Mr Fa said the main debate was whether the meeting of the JSC on January 15 last year was lawful in its composition and if appointments it made were lawful.

"This is an important and fundamental question for the Fiji Law Society, the judiciary, the interim Government and the public of Fiji," he said.

"Dr Shameem's letter published widely in the newspapers and the internet focuses on petty and irrelevant issues which are not based on facts and is really an attempt to divert attention from the real issue and muzzle debate on it".

"The Fiji Law Society does not understand why Dr Shameem wants to muzzle a debate on this issue." Mr Fa said Dr Shameem seemed to have taken offence at the non attendance of the FLS at the opening session of the Fiji Court of Appeal last week.

He said the non attendance of the FLS was consistent with the approach it had taken since the military takeover on December 5, 2006. Mr Fa said the JSC meeting on January 15 last year recommended the appointment of Anthony Gates as acting Chief Justice but the reconstituted JSC had been making appointments to the bench without the input and participation of the FLS as stipulated under the Constitution.

"The Fiji Law Society, out of concern over the events of the December 5, 2006, had instituted legal action against the Judicial Services Commission's composition and appointments," he said. He said that position had been confirmed by a Special General Meeting in February 2007. The FLS position has not changed until to date."

Mr Fa said accusations by Dr Shameem that he reneged on his election promise by failing to consult her before making statements on television, were incorrect, juvenile and shallow.

He said the announcement he made regarding judicial appointments was nothing new as this was a position taken by the Society since the military takeover on December 5, 2006 and nothing had changed.

Fa, also attacked the Fiji Daily Post for misquoting him in a published article, according to a Fiji Village (F.V) article. The excerpt of FV article:

Law Society Hits Out at a Newspaper Company
Publish date/time: 13/02/2008 [16:01]

The Fiji Law Society has hit out at a newspaper company for publishing an incorrect paragraph with the Society's statement in today's Daily Post. Society President Isireli Fa said the first Paragraph in the Daily reading "the FLS is maintaining it stand that it does not recognize judges appointed since December 5, 2006" is incorrect and he has asked the newspaper to correct the paragraph.

Fa said the Society has not at any time stated that it does not recognize judges appointed since December 5, 2006. He said the society is concerned with the lawfulness of appointments to judges that have arisen since 5th December out of the Judicial Services Commission meeting that was held on the 15th of January, 2007.

The Society has instituted legal action to determine the lawfulness of the Commission meeting and appointments after that.

Fa said it appears the paper company has adopted statements from Dr Shaista Shameem and others who have been commenting on the Commission's position where they may have paraphrased the Society's position incorrectly.

Shameem snapped back at Fa, as quoted in a Fiji Sun article. The excerpt of F.S article:

‘Unlawful judges’ cannot hear cases
Last updated 2/14/2008 8:35:18 AM

Fiji Law Soceity president Isireli Fa cannot declare the appointments of some judges unlawful and still demand they hear his cases, says Ombudsman Dr Shaista Shameem. Mr Fa had said judges named to the bench after the 2006 coup were illegally appointed. Dr Shameem said she saw no reason to change her views as expressed in her initial letter to him. “Your seven page justification does nothing to assuage my concerns. Indeed you have evaded the issues I raised in my letter to you,” said Dr Shameem.

She said Mr Fa, in his election campaign for FLS president, had said he would consult with her on constitutional issues. Dr Shameem said this had not happened. “You cannot declare some judges to be unlawful and still demand that they hear your cases - why should you expect that?

“How can you appear before an unlawful judge?” She said Mr Fa could not have his cake and eat it too. Dr Shameem said he was interfering with the livelihood of lawyers by obstructing their ability to appear in court. She said Mr Fa was preventing them from fulfilling their duty to their clients as they expected them to recognise the court to which they took their issues and disputes for determination.

Meanwhile Attorney General paints the position of FLS President as confusing, quoted in a Fiji Live (FL)article.



The excerpt of FL article:

‘Fa confusing FLS members’
14 FEB 2008

Fiji Law Society president Isireli Fa’s change of positions on a number of judicial matters is the source of confusion to a number of his own members, including senior practitioners and the public, says interim Attorney General Aiyaz Sayed-Khaiyum.

Sayed-Khaiyum said Fa contested the presidency of the FLS on the basis that he would enter into dialogue with the judiciary.

He said the action brought by the Society, which challenged the status of the Judicial Services Commission (JSC) had been languishing in the courts because of the FLS itself.

“They have initiated the action yet they have been unable to instruct counsel,” Sayed-Khaiyum said. He said when this matter was called in November last year, the court gave FLS time until February 2008 to find counsel.

“However when the matter was called yesterday (Monday), the FLS still had not been able to arrange for counsel even after three months. The Court has informed the FLS that should it not be able to arrange counsel and finalise relevant papers, the matter will be struck out on 3 March 2008,” Sayed-Khaiyum said.

Recent media report highlighted Fa complaining he was not invited to JSC meetings and was not consulted on appointment of judges. “When the Acting Chief Justice read this statement in the media he hastened to write a letter to Mr Fa assuring him that he was welcome to attend JSC meetings.”

Sayed-Khaiyum said Fa responded in a written correspondent on January 25 this year advising acting CJ Anthony Gates that he could attend JSC meetings.

Later, he said Fa told media reports that he would not attend. Sayed-Khaiyum also highlighted the first session of the Court of Appeal to which Justice John Byrne had invited Fa to attend and speak at the opening ceremony.

He said neither Fa nor his vice Laurel Vaurasi attended.“It was a shocking display of discourtesy.”

“When faxed with this conduct, Fa said he had made arrangements for representation by FLS and did not know what had occurred. And that he would find out. Within 24 hours or so his story changed. He said that he did not recognise judges of the Court of Appeal. He said that they were illegal,” Sayed-Khaiyum said.

“These changes in his position reflect very poorly on the legal profession as a whole. Lawyers continue to represent their clients’ interests before the judges of our courts.”

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More cash in store for Fijian landowners

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Native land safe, says NTLB boss

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Rep. Markey offers net-neutrality bill

WASHINGTON (Reuters) - Legislation designed to prevent broadband Internet providers from unreasonable interference with subscribers' access to content was introduced on Wednesday by a senior U.S. lawmaker.The bill offered by U.S. Rep. Edward Markey is the latest to raise concerns about "net neutrality," an issue that pits open-Internet advocates against some service providers such as Comcast Corp, who say they need to take reasonable steps to manage traffic on their networks.

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Double Trouble? - The Question of Dual Citizenship in Fiji

The issue of dual citizenship in Fiji is perhaps one that raises the hair on the back of neck of ousted Fiji PM, Laisenia Qarase; as quoted in an article in Pacific Island Business.

The excerpt:

Ousted PM against dual citizenship in Fiji

Immigration Director Viliame Naupoto recently announced changes to Fiji’s immigration laws, which would allow former Fiji residents wanting to invest here to apply for 5-years permanent residency.


Fiji Live/ Pacnews
Tue, 11 Dec 2007

SUVA, FIJI ---- Fiji’s ousted Prime Minister Laisenia Qarase says former Fiji residents should not be granted dual citizenship because they can not be loyal to two countries, reports Fiji Live.

The issue of dual citizenship has been raised a number of times during the Qarase Government’s reign from 2001 to 2006 but it has been opposed. Mr Qarase maintained he was against the idea. “I don’t see the need for dual citizenship,” he said. “You either belong to Fiji or not. You cannot have two loyalties.”

Immigration Director Viliame Naupoto recently announced changes to Fiji’s immigration laws, which would allow former Fiji residents wanting to invest here to apply for 5-years permanent residency.

“We want to turn the brain drain to brain drain gain,” he said.

He said, however, that it would be ideal “from an immigration security point of view” to offer dual citizenship, which can only be done via Parliament. “If they misbehave or violate conditions we can withdraw their citizenship and send them back. When you have single citizenship, you can not do that. The UN does not allow a stateless person,” said Mr Naupoto.

Mr Naupoto explains there was no limit on the amount of money one was expected to invest in the country before PR is granted.

He said investment was also open to any field the former Fiji resident wants to delve in.

“For them it would be good to have the feeling of being part of the country again. They can obtain the 5-years permit to come in and invest without forsaking their passports in the other country,.” Mr Naupoto said.

Mr Qarase, however, has his doubts about enticing former citizens to come and invest in Fiji. He said that people would always want to take capital to a country where people are safe and secure and don’t need special concessions.

“When tourism was moving, they just came in because they know we have a good product here in Fiji. That’s the thing about business, capital will move anywhere it is safe and secure.

“People who want to do business here would find other ways of doing business here if they really wanted to.”

One interesting article published in Fiji Times, written by a former resident of Fiji who outlines the benefits of dual citizenship in Fiji, as well as using some Fiji-English idioms describing the uniqueness of individuals born and bred in Fiji.

The excerpt:

We are all part of Fiji family

PETER THOMSON
Saturday, February 03, 2007

My accent will forever have echoes of its Suva origin. When people pick it up here in Sydney, they often ask me where I'm from. When I say I'm a Fiji Islander I get a double-take, then a response heard so often it's become tedious to me, "You don't look like a Fijian to me!"

True I'm a kumala vulavula, but there's only one true way I can answer their question. If I can be bothered, I pull out my rapier and reply, "Yep, and you don't look much like an Australian to me."

I'm a fifth generation Fiji Islander and my family yavu are dotted around Suva, up north in Waiyevo and Vaturekuka, and around where they say "the West is the best". My grandparents, great grandparents and great-great grandparents lie in the soil at Lovonilase on the shores of Suva Harbour.

I don't have a light blue passport, but I need only close my eyes to see the Suva skyline, to feel it like braile in my head. Those memories are my birthright and that little blue book should be too. But I believe in one law for all and I surrendered my Fiji passport when I was granted an overseas citizenship.

In 1999, Prime Minister Mahendra Chaudhry spoke at a Fiji investment seminar in Auckland organised for ex-Fiji business people who'd settled in New Zealand. As I was on the board of the NZ-Fiji Business Council at the time, I received an invitation to attend. At the seminar, the PM encouraged the audience to do something to help Fiji by investing in businesses back in the old home.

The reasons presented were all the usual ones given to prospective foreign investors, but there was that extra emotional hook we would be welcome back in our old homeland. After a while, I stood up and said to the PM that all of seminar's audience had made the move from Fiji to New Zealand at great personal cost, both financial and emotional.

To get where we had in New Zealand had demanded the kind of sacrifice and energy that was Fiji's loss and New Zealand's gain.

I said that whenever we returned to Fiji to see our family and friends, it was an alienating experience to have words stamped in our passport which made us feel like strangers.

Yes, some of us would like to make investments back in Fiji, but we'd be much more likely to do so if Fiji would follow the example of so many other countries and allow its people to have dual citizenship.

Many in the seminar room supported the dual citizenship call and the PM said that if I wrote a letter to him setting out the case, he would take it up with Cabinet back in Fiji.

A reporter was present and the next day the story was on the front page of The Fiji Times. This must have stirred up visions in some minds of all us non-indigenes returning in a flood to Fiji, because the following day, The Fiji Times front page story was a firm rebuttal from the deputy leader of the Senate, Ratu Vakalalabure.

He was reported as saying words to the effect that the Taukei would never allow dual citizenship to happen. After that I guess the debate got lost in the smoke of the 2000 coup.

Now there's a new twist to the loss of Fiji citizens overseas. There are increasing numbers of Taukei living overseas, so much so that remittances from overseas have become a leading source of Fiji's foreign exchange.

One presumes that many of these overseas Taukei look like some of the have become citizens of the countries in which they live and have given up their Fiji citizenship.

How strange to be recorded in the Vola ni Kawa Bula but not be a Fiji citizen strange and in my view unnecessary, for the decision not to allow dual citizenship in Fiji was born of historic demographic considerations that are no longer present in Fiji.

My purpose in writing this piece for The Fiji Times is to contribute to the debate on dual citizenship.

If such debate is worked through and the national consensus of the people who've remained in Fiji is that those of us who have obtained citizenship overseas should be satisfied with our lot, then so be it.

We'll still love you from afar. If Fiji goes for dual citizenship, I don't expect there to be any dramatic change. Many will have moved on, mentally as well as physically.

But for every one of us who does reclaim our birth-right, I believe there will be a shift at the margins of Fiji's economy and national ethos a shift that will make Fiji a stronger and better place for all the children it has succoured.

In summary, may I set out what I think are the fundamental issues for the dual citizenship debate:

• The economic argument is that by spreading the Fiji umbrella as wide as possible, Fiji will gain a larger economy along with the many benefits that accrue from a larger scale, from international linkages, remittances, passport purchases and return investment;


• Fiji will gain the benefits of a larger economy without the disadvantages of having to provide services for the welfare and protection of its overseas citizens they will be adequately covered in that regard by the countries in which they live as citizens;


• The electoral rolls of Fiji need not be affected by the introduction of dual citizenship the right to vote should relate to where you live, not what passports you hold. Therefore, only those former citizens who regain their Fiji citizenship and fulfil residence requirements should be allowed onto the Fiji electoral rolls.
  
  Let me emphasise this point because to argue that Fiji Islanders with overseas citizenship, living permanently overseas, should be able to vote in Fiji by the fact of dual citizenship, would in my opinion turn this debate into a dead duck.
  


• Likewise, there should be no room for double taxation no taxation without representation and vice-versa.
  
  We pay income tax in the country in which we are resident for tax purposes and the international norm is that tax residency is defined by our physical residency in a particular country for a legislated period of time.
  
  Therefore, Fiji should not be looking for a spread in its tax base from dual citizenship, except where former citizens set up business activities back in Fiji.
  
  The same goes for the operation of the Reserve Bank as I see it, the introduction of dual citizenship would require no changes to Fiji's foreign exchange regulations. It would be interesting to hear from the Reserve Bank on what, if any, implications it saw arising from dual citizenship.

It would be good to hear from Fiji's legal fraternity and sorority, as to the legal implications of the introduction of dual citizenship. I imagine there are issues such as extradition and consular support that need to be thought through.

For those of us overseas, the richness of our Fiji heritage is always with us.

Last year I was visiting the Kingdom of Bhutan where I shared a cup of tea with a rice farmer I met. He spoke no English and I spoke no Bhutanese, but we found we could have a passably good conversation in Hindi.

It gave me no end of pleasure to dig up all those Hindi phrases taught to me by my mates at Natabua High School. Namaste thanks to all those Natabua days, and all the vegetables I bought in Labasa Market, all the bundles of fish from the Navua riverbank, every time I hear the namaste I think of its full meaning the highest in me salutes the highest in you.

When I asked Sitiveni Rabuka to personalise my copy of the book Rabuka of Fiji, he kindly agreed to do so and inscribed the idiom, Dui mate ga e nona ucu ni vatu. I believe this is from the proverb of Ra Belo maintaining that each of us protects what's ours unto death.

It's an eloquent expression of what the emotions of 1987 were about for so many.

But I prefer another Fijian idiom and I called on it to conclude my book Kava in the Blood, Ki namuka vata ga nikua. Some of us on this journey may get ahead and some of us may straggle, but we'll all be together once again when we reach our destination.

I look forward to that day in Namuka, sitting around the tanoa, hearing all the stories of Fiji's journey.

Peter Thomson was born in Suva and is now resident in Sydney.He was permanent secretary to the governor-general in Fiji in 1987.

His former posts in the Fiji civil service were permanent secretary for information, Fiji consul-general in Sydney, first secretary in Fiji Embassy, Tokyo, senior assistant secretary in the ministry of foreign affairs and the ministry of Fijian affairs, and district officer in Taveuni, Macuata and Navua.

Mr Qarase maintained he was against the idea. “I don’t see the need for dual citizenship,” he said. “You either belong to Fiji or not. You cannot have two loyalties.”

It seems that the comments by Messr Qarase that, people can't have two loyalties is one that has no factual basis since many other nations aside from Tonga have that provision. Perhaps Qarase is accusing all of them of not being loyal citizens.

Recently, the Kingdom of Tonga had amended it's citizenship laws to allow for dual citizenship, according to a piece featured in Radio Australia's program Pacific Beat.

The excerpt of Pacific Beat article:

TONGA: Dual citizenship - 11/02/2008

The people of Tonga have, for decades, been moving from their homeland in search of work and a higher standard of living. In fact, the biggest contributor to the economy is remittances from Tongans abroad. Which is why, last year, the Tongan parliament amended citizenship laws to allow Tongans, especially those living overseas, to hold dual citizenship. In part one of this two part series.



Presenter - Adam Connors Speaker - Melino Maka, Chairman of the New Zealand Tongan Advisory Council. Va'inga Tone, Secretary for Foreign Affairs in Tonga. Dr Cathy Small, University of Arizona.


CONNORS:More than 100,000 Tongans live overseas, more than currently inhabit their homeland. For many, living overseas gives Tongans a chance to get better jobs, a more comfortable lifestyle, and a chance to help their family back home.

But this doesn't mean they have turned their backs on being Tongan. The chairman of the New Zealand Tongan Advisory Council, Melino Maka, is one of those that had to make the hard choice to leave home.

MAKA: I'm just simply talking as a Tongan, to change from being a Tongan to a New Zealander is a major thing for us, because some people feel like that you betray your country and it is difficult to explain to someone else if you haven't experienced that.

CONNORS: A lot of that disconnect is about to end, as Tongans can now become dual citizens. Holding citizenship in their homeland as well as the country where they live.

The Secretary for Foreign Affairs in Tonga, Va'inga Tone, explains how Tonga's migrants played a large part in the dual citizenship decision.

TONE: Well, dual citizenship is something that was raised to a great extent by Tongans residing overseas and it was put to parliament and then the government and it took a little bit of time. It is now passed with all and regulations regarding dual citizenship.

CONNORS: A large number of these proactive Tongans live in the United States.

Dr Cathy Small, of the University of Arizona, is the author of "Voyages From Tongan Villages To American Suburbs". She's been working with the Tongan expats in the Pacific and the United States for decades.

SMALL: They don't want to give up the Tongan citizenship and so what I think it allows them to do also is to become US citizens now, because they could be both. And so I see it working in both directions. With a green card which is what many Tongans have without becoming US citizens, they are really unrestricted. But it does restrict them in ways that you don't realise at first in that you can't vote for instance, you can't get US grants, you're not in a favourable position when it comes to applying for colleges, you may have to come to school as if you were a foreigner and pay outside tuition costs. There are small business grants that you can get as a US citizen. There are other kinds of things and I think that having dual citizenship would allow you to have the best of both worlds, which is really what most Tongans, especially Tongan-Americans are after.

CONNORS: Dr Small says Tongans will no longer have to split their choice between home and work. She says the new citizenship act has recognised their tough decision.

SMALL: The new law is a positive, because it makes possible legally what I think are in many peoples hearts. There are many people here who feel dual loyalties. They feel themselves to be American, they appreciate what this country has to offer them and their children, but they have major loyalties to Tonga that come out in remittances and that come out in sending kids back to Tonga, and come out in travelling on almost an annual basis sometimes back to Tonga for holidays. And even kids who are brought up completely here, the football team that has a lot of Tongan members will do Tongan dances, they'll do Maori dances. I mean the Polynesian heritage that they have is very strong and I think that this kind of a dual citizenship allows them to create legally what really is in their hearts emotionally.

CONNORS: Melino Maka, of the New Zealand Tongan Advisory Council, is in no doubt that it's a popular decision.

MAKA: I think was have to happen, because there's more and more Tongans born overseas than in Tonga. This change is well overdue.

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