Following its re-activation by The People’s Coalition Government, the Great Council of Chiefs (GCC) is holding its first meeting this week.
The Fiji Times interviewed Jioji Kotobalavu, who served in the civil service as permanent secretary to four prime ministers following Fiji’s independence in 1970, about the GCC’s role and mandate in Fiji today.
These were his comments.
The people’s Coalition Government has reactivated GCC, do you think it is a good decision?
“The people’s Coalition Government should be commended. “All the iTaukei should never forget that the iTaukei still own 92 per cent of all lands in Fiji today as native land because of the decisions taken by the GCC way back in 1879.
“After Fiji became a colony of Great Britain from October 1874, the first resident Governor, Sir Arthur Gordon, asked the chiefs in the GCC to meet and discuss the critical importance of bringing together all native lands owned by the different tribes to be administered under a common system of tenure. This was to protect the proprietary interests of the iTaukei from the unscrupulous land buying activities of European traders and settlers. Some of the chiefs themselves were selling their tribal lands.
“The GCC held several meetings and it was at their meeting at Bua in December 1879 that they came to a historical agreement. They agreed as follows: All native lands are to be brought together under one custom and tenure. All ownership in common of native lands are to be vested in the mataqali alone. It is prohibited for any mataqali to alienate land by sale. All men are to be registered in their mataqali together with their lands This register is to approved by the tikina and Provincial Councils. This register (Vola Ni Kawa Bula-VKB) shall be proof for all time as to the status and position of the lands of each mataqali in each province.
“This ownership in common by the iTaukei by custom, usage and tradition of their native land was then codified into the Colony’s Native Lands Ordinance 1892. Today, this is institutionalised and protected under Section 3 of the iTaukei Lands Act and Section 28 of the 2013 Constitution.
“Because of these crucial decisions by the GCC in 1879, Fiji is today one of only two countries in the entire world [the other is Bolivia] where the majority of all lands are still owned by the indigenous people.
“The GCC is the ultimate authority, the peak body, that must be consulted by the Government on any matters relating to the management of iTaukei customary land. “In the same way, the Council of Rotuma must be consulted on any issues concerned with the governance of Rotuma and the customary land of its indigenous people.
“This is why Voreqe Bainimarama as prime minister was wrong in abolishing the GCC. And it was a grave mistake for his FijiFirst government to enact ‘Bill 17’ without prior consultations with the iTaukei. They paid the political price in their defeat in the December 2022 general election.”
What should be the role of the GCC today in the wider context that Fiji is made up of various ethnic and religious communities? What can the GCC do to give these communities stronger feelings of security about their future in Fiji? Many, especially those in the IndoFijian community, have not forgotten the anti-Indian coups in 1987 and 2000.
“That is a very good question. And it is interesting that the GCC is meeting in the same week in which we are commencing our remembrance of the outstanding role and achievements of Ratu Sir Lala Sukuna.
“I believe that Ratu Sukuna set the example in recognising the crucial role the GCC can play in securing our common and collective interests as a multi-ethnic society.
“Here we can recall what Ratu Sukuna told the Great Council of Chiefs in 1936 when he appealed for their support for legislation to enable and facilitate the on-leasing of native land surplus to the maintenance needs of the landowing mataqali, to all citizens of Fiji who need land for their livelihood.
This what he said: ‘You must remember that Fiji today is not what it used to be. We are not the sole inhabitants; there are now Europeans and Indians. Should Fiji progress we shall all benefit. We cannot these days adopt an attitude that will conflict with the welfare of those who like ourselves wish only to live peacefully and increase the wealth of the Colony. We are doing our part here and so are they. We wish to live; and so are they. If other communities are poor, we too remain poor; if they prosper, we also will prosper’.”
How can the GCC honour and carry out the pledge they gave to two leading political leaders of the Indo-Fijian community who called on the GCC and sought the chiefs’ support in looking after the interests of all communities in Fiji? They were leader of the National Federation Party and leader of the parliamentary Opposition Jai Ram Reddy, and leader of the Fiji Labour Party Mahendra Chaudhry.
“I don’t think it would be realistic to expect membership of the GCC to be extended beyond the iTaukei and Rotumans. The GCC is the representative body of the indigenous iTaukei and Rotuman communities in the exercise by them of their internationally recognised right of self-administration as indigenous peoples.
“However, it is here that the GCC can be inventive and creative. As Prime Minister Sitiveni Rabuka has explained, the GCC serves as an advisory body to the executive Government, and that is the Prime Minister and Cabinet.
“In this advisory role, the GCC can receive delegations and representations from the various cultural and religious bodies, including the churches, to listen to their concerns, and then convey these through the GCC chairperson to the minister responsible for the GCC. The minister can then convey this to the Prime Minister and Cabinet.
“I believe that in any future review of Fiji’s Constitution, the place and role of the GCC should be included in the Constitution. Providing for the GCC in an ordinary Act of Parliament is not enough.
“In fact, I would go further and suggest that it is the GCC, and not the military, that should be conferred the constitutional responsibility to also serve as the guardian of the well-being of all the people of Fiji.
“If the GCC accepted this extended role it would mean that while its primary responsibility will continue to be the protection of the collective interests of the iTaukei and Rotumans, the GCC will henceforth be also concerned about the interests of the other communities.
“No community should be treated unfairly or discriminated against. This is crucially important for building mutual trust and confidence among Fiji’s communities. Without this mutual trust and confidence, we cannot succeed in promoting national reconciliation and unity.
“For example, as we have seen from the results of the December 2022 general election there are no representatives in the House of Representatives for the Rotumans and the Europeans, PartEuropeans and Chinese.
“How can this be good for Fiji and in promoting national unity when sections of our population are denied a direct voice in Parliament and Cabinet. “In this situation, the GCC can use its advisory role to gently prod those in Government and the parliamentary Opposition to do something about it.
“The 1997 constitution, for example, guaranteed the representation of the Rotumans, and the other minority groups who were categorised as general electors.
“Acceptance by the GCC of this extended role to be the guardian of the well-being of all the people of Fiji is also important from an ethical consideration.
“If public funds are to be used in financing a public body’s operation, it would be wrong for that body to confine its mandate to serving only one community or two.
“It must be willing to serve all communities. This is even though its membership is confined to the indigenous iTaukei and Rotumans.”
Failure to renew expired leases in the 1990s led to the tragedy of the massive movements of hundreds of former and displaced tenants to re-locate to urban centres and peri-urban areas as squatters and refugees. What role can the GCC play to facilitate the speedy renewal of leases on native land?
“Renewal of leases is a highly sensitive issue. “Former prime minister Laisenia Qarase and parliamentary opposition leader Mahendra Chaudhry engaged in protracted negotiations but could not agree.
“Mr Qarase had offered to agree to extend agricultural leases to 50 years and for renewal to be determined ten years before expiry. This was to give the farmers greater assurances on the certainty of their leases.
“Mr Chaudhry still could not agree. I think he was very wary that his political opponents would accuse him of “selling out” on the protection of the interests of the cane farmers and the holders of other agricultural leases.
“Former prime minister Voreqe Bainimarama’s Government unilaterally promulgated the Land Use Decree. This empowered the Prime Minister to issue leases of up to ninety-nine years.
“The iTaukei were never consulted. The GCC was terminated. And the FijiFirst government included an ouster clause in its Land Use Decree effectively removing the right of the iTaukei landowners from seeking a judicial review of any decision of the Government which they deem to be unjust and unfair.
“I should also point out that the landowners themselves have their own concerns about the fairness to them of lease terms and especially the fixing of lease rent at 6 per cent of UCV. “The tenants, through their hard work and entrepreneurship, can earn unlimited thousands of dollars in income from their leased land. They have earned this on merit, and it is fair. But for the landowners, their rent income is fixed.
“The fairness of the 6 per cent rent formula needs to be reexamined. How can we ensure equity and a win-win outcome in the landownertenant partnership? I am sure the GCC would be interested in this.”
• JIOJI KOTOBALAVU lectures in public law and international relations and diplomacy at the University of Fiji’s School of Law. The views expressed are his and not necessarily of this newspaper
