BLUEPRINT FOR THE PROTECTION
OF FIJIAN & ROTUMAN RIGHTS AND INTERESTS AND THE ADVANCEMENT
OF THEIR DEVELOPMENT
{Presentation to the Great Council of Chiefs by the
Interim Prime Minister, Mr Laisenia Qarase, 13 July, 2000}
Introduction
The proposals set out below cover issues which
have been of great concern to Fijians and Rotumans regarding the security
of their rights and
interests as
the indigenous communities in Fiji, and also the advancement and acceleration
of their development, so that they can participate on an equitable basis in the
progress of our country.
The purpose of the Blueprint is to bring together all the proposals to address
these concerns. It will be noted that fallow-up action to be taken comprises
the enactment of necessary legislation, the issuance of appropriate Government
directives and the provision of budgetary allocations.
The Blueprint will, of course, require preparation in detail with full background
and supporting information. It will also be necessary for individual Government
Ministries to submit papers to Cabinet on specific measures to be taken.
Much of the measures proposed in the Blueprint can be implemented in the next
two years, However, it is also proposed that a TEN-YEAR plan for Fijian and Rotuman
development be prepared. This will incorporate the measures set out in the attached
summary Blueprint together with the development proposals in other areas. Education,
for example, is a very important area where we need to pay greater attention
in order to improve the performance of Fijian and Rotuman children.
A good and successful education is the most effective pathway to a successful
future for each individual.
The ten-year plan can also set out the broad vision for all indigenous Fijian
and Rotumans and for our country as a whole. The plan can thus play an important
role
in our current endeavour to bring greater unity to Fijians and Rotumans For it
is in our unity that we can best protect our future.
The specific proposals summarized below, together with others, will be part of
this ten year plan. It is proposed that a meeting representative of all Fijian
and Rotumans interests is to be convened by Government early in the year 2001
to discuss and to map out what should be in this ten year plan. This is to ensure
that it is a plan for Fijians by Fijians for their future.
BLUEPRINT FOR THE PROTECTION AND ADVANCEMENT
OF INDIGENOUS FIJIANS AND ROTUMANS
Background
Indigenous Fijians and Rotumans make up more than 51% of the total population
of the Fiji Islands, and their numbers, according to the 1996 Census, are continuing
to grow at 1.8% per annum compared to the national population growth rate of
0.8%.
They also comprise the majority landowning communities in Fiji, with customary
proprietary rights to more than 83% of all land in the country, together with
associated traditional fishing rights, or qoliqoli.
Given the above, anything that affects them must affect the nation Ensuring the
paramountcy of their interests and their equitable participation in all aspects
of life in
Fiji is thus a pre-condition for the achievement of long term peace, stability
and sustainable development in the country What is needed is an enabling environment
to
facilitate the achievement of these objectives.
This is what this Blueprint seeks to provide. It is to enable indigenous Fijians
and Rotumans to fully exercise their rights of self-determination Within the
unitary State
of the Republic of the Fiji Islands. It is to safeguard the paramountcy of their
interests in our multi-ethnic and multi-cultural society. And it is to improve
and enhance
opportunities, amenities and services for Fijians and Rotumans in their development
and participation.
1. Legislative Action {by Decree)
1) New Constitution
Preparation of a new Constitution to be promulgated on 24 July, 2001 (Constitution
Day) to give effect to the collective desire of Fijians that the national leadership
positions of Head of State and Head of Government should always be held by them.
The new Constitution is also to address other issues of importance to Fijians
and Rotumans in line with the Terms of Reference, as approved by the Great Council
Chiefs. The point is stressed that it will be a new Constitution.
(ii) Schedule A & B Lands
The transfer of administration of State Schedule A and B lands by Government
to the Native Land Trust Board, as requested by the GCC and the NLTB.
(iii) Agricultural Leases on Native Land Moved to NLTA
The removal of native land from the ambit of ALTA and placing it under the NLTA,
as requested by the GCC and the NLTB. (Appropriate amendments to be considered
for NLTA to protect the interests of tenants. First step is further discussions
with NLTB.)
(iv) Ownership Rights to Customary Qoliqoli
The conferment of ownership rights, similar to customary ownership of land, on
all traditional qoliqoli, as requested by the GCC and the NLTB. {This will take
some time as survey and demarcation of boundaries by the Native Lands and Fisheries
Commission need to be completed. Appropriate safeguards will be included in the
legislation on the right of public access and the protection of the interests
of investors.)
1v) Lands Claims Tribunal to Settle Land Claims
The establishment of a Land Claims Tribunal for deal with land compensation claims
for land acquired for public purposes, e.9 Monasavu, Suva (Domain), etc. This
is the best way to deal with long-standing historical land claims, away from
the political arena, and in a tribunal which will comprise eminent people well
qualified to consider these claims on their merit. (The legislation is also to
establish a special fund to give effect to settlements decided by the Tribunal.)
(vi) Strengthening of the Great Council of Chiefs
Review of the Fijian Affairs Act and the Great Council of Chiefs Regulations
to determine the need for separate stand-alone Legislation for the GCC, given
its enhanced authority under the Constitution.
(vii) Fijian and Rotuman Development Trust Fund
The establishment of a Fijian (including Rotumans) Development Trust Fund (similar
to the Banaban Trust Fund and the Tuvalu Trust Fund). This is a capital endowment
to be invested to earn interest income to support Fijian (and Rotuman) development.
Specifically, it is to be used for the following purposes.
(1) to fund the Fijian Foundation - to undertake and sponsor programs, including
research, etc. on Fijian language, culture, and ethno-geography and ethno-history
studies, etc, (this is to accompany the introduction of these as a compulsory
subject in all schools); (2) leadership and other training programs at Nadave,
and
(3) any other purposes approved by the GCC (including the financing of its own
operation, so that it is financially independent of the elected political government
of the day).
(viii) Compulsory National Savings Scheme
The establishment of a national savings scheme for Fijians and Rotumans. A paper
on this is to be presented to the GCC for its approval. The Fund is to finance
increased Fijian and Rotuman equity and other forms of participation in business,
and also investment in education. The concept has been discussed before and agreed
to in principle in both the FAB and GCC.
(ix) Law on Affirmative Action
Enabling legislation on affirmative action for Fijians and Rotumans to accompany
the relevant provisions of the new Constitution.
(x) Royalty for Underground Water
Review the law on mining, so that there is also royalty payment for commercial
use of artesian or underground water. This is also to ensure that landowners
receive a fair shore of the royalties, as in the regime for mining of minerals.
Other interests of landowners, i.e. environmental protection, to be also taken
into account in the review.
(xi) Tax Exemption for Fijian Companies
Enabling legislation, i.e. amendment to the Company Tax Act, for exemption of
Fijian-owned companies from company tax for a specified period. This is to assist
with cash flow in the formative stage of Fijian company operations. This scheme
would be consistent with the grant by Government of tax concessions to companies
(e.g. 13 year company tax holiday) in the tourism, mining and garment industry
sectors in order to stimulate increased investment and employment creation.
Fijian-owned companies or joint venture companies with Fijian controlling interest
have not really benefited from the grant of these concessions.
(xii) Review of Legislation to Improve Service
A review needs to be undertaken of both the Native Land Trust Act and the Native
Lands Act to ensure that their provisions are conducive, to the effective delivery
of services to Fijians and others by the NLTB and the Native Lands and Fisheries
Commission.
Policy Direction {by Cabinet together with Budget provision, where needed}
{i} Fijian Administration
Revamping the Fijian Administration under the Fijian Affairs Act, so that in
its operation, it is fully autonomous of the Central Government. This will include
a review of the legislative framework for the Great Council of Chiefs, reflecting
its enhanced constitutional and other responsibilities.
(Ii) Government to Fund Fijian Administration
Government subvention to fund the entire operation of the Fijian Administration
{i.e. the GCC, FAB and Provincial Councils}. Meanwhile, there is to be no cuts
in Budget allocations to the Ministry of Fijian Affairs in the Mini-Budget from
August to December, 2000. It will be up to each Province to decide whether to
continue or discontinue the collection of provincial levy or rates. However,
since the full running costs of the Fijian Administration are to be covered by
the Government grant, fundraising by the Provinces either by way of a provincial
levy or by other means is to enable the Provinces to apply more funds to community
development projects, the improvement of schools and education, and increased
investment in business ventures through their provincial-owned companies.
(Iii) Government to Restart Financial Assistance
to NLTB Government annual grant
support to the NLTB to assist it -
(1) in further reducing its poundage levy on lease rent, thus increasing nett
rent income to the landowners;
(2) in its development activities to assist landowners in the commercial development
of their land; and
(3) in the restitution of rent income foregone during the grace period (12 months)
for expiring ALTA leases.
(Iv) Government to Pay Arrears in Rent
Budget provision for $1.5 million to cover the payment to the NLTB of arrears
in rent for leases on State Schedule A land. These are arrears in rent since
1994 which Government has not paid to the NLTB.
(v) Government to Help Establish the FDTB
Government to provide a grant to endow the proposed Fijian
(vi) Fijian Education Fund
Government to provide a Fijian Education Fund to cover scholarships (currently
$4.7 million), supplementary assistance {additional to the Ministry of Education's}
to Fijian schools, and research into Fijian education issues.
(Vii) Government Assistance to FHL Government to convert the $20 million interest-free
loans to the Fijians Affairs Board (shares in Fijian Holdings Limited} to a Government
grant on the following conditions: Transfer $1 million "B" shares held
by FAB in Fijian Holdings Limited to each of the 14 Provinces {for their provincial
companies}. Balance of $6 million to remain with FAB (as equity in FHL).
{viii) Government Assistance to YHL
Government to provide an interest-free loan to FAB for purchase of shores in
Yasana Holdings (YHL}. YHL to acquire shares in other companies similar to the
operation of FHL.
{Ix) Government Shares for Fijians
Reserve 50% of Government shares in companies for Fijians as they become available
for sale to the public. (This is through competitive bids. Preference is to be
given to provincial-owned companies. Joint ventures with majority control by
Fijians are also to be allowed as this will have the added benefit of attracting
business experience and expertise into the venture, as well as promoting inter-racial
and inter community co-operation.
(x) Licenses for Fijians
Reserve 50% of major licenses for Fijians (e.g. import licenses, taxi permits,
etc.)
(XI) Government Contracts for Fijians
I Reserve 50% of Government contracts for Fijians {as in (ix) above}
(xii) FOB Loan Scheme
Continuation of the FDB Loan Scheme for Fijians and Rotumans but to exclude other
communities who are to be covered by a separate scheme at the FDB.
(xiii) Assistance in Purchase of Shares
Establish a Small Business Equity Scheme at the FDB with annual allocation of
$5 million from Government (for all citizens), Fijians through interest-free
loans in buying back ancestral land alienated as freehold land. These are freehold
land available on sale by their owners.
(xviii)Assistance for Provincial Business Participation
Government to re-instate the annual allocation of $1.5 million to Provincial
Councils, via the FAB, for their participation in business. This allocation will
henceforth be a grant and not an interest-free loan.
(xix) Assistance to Landowners Taking Up Cane Farming
Establishment assistance to be given {through FDB} and F5C) to Fijian landowners,
taking up cane farming on their reverted land.
{xx} Mining Royalties
Percentage of mining royalties to be paid by Government to landowners to be determined
by Cabinet, and not by Parliament as provided in the 1997 Constitution.
(xxi) Royalty for Underground Water
The royalty regime for minerals should also apply to artesian or ground water.
(xiv) Small Business Agency
Establish a National Small Business Agency under the umbrella of the Fiji National
Training Council to provide training, advisory services, business information,
etc
(for all citizens}. This will be the central agency, co-ordination with other
schemes that are providing similar assistance.
(xv) Dealings on Mahogany on Hold
Any dealings on „Mahogany” to await the report of GCC Committee an
this industry. The report could also have implications on other industries like
the pine industry.
(xvi) Discontinue Land Use Commission
Discontinue the Land Use Commission as proposed by the last Government. Government
is to be involved in land development programs under the Ministry of Agriculture,
Fisheries and Forests and the Land Development Authority, as well as land development
for the resettlement of evicted tenants, and for low cost housing through the
Housing Authority, and the resettlement of squatters. Government is also to assist
the commercial development of native land through the NLTB.
(xvii) Assistance with Buy Back of Freehold Land
Reinstate Government Budget provision of $500,000 to assist.
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