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Rotuma Joint Fra Council Submission

The document is a submission opposing two bills, the Rotuma Bill No. 6 and Rotuma Lands Bill No. 7, that were proposed in Fiji. It argues that the bills were not properly consulted on and would destroy Rotuman customs, traditions, and indigenous rights. Specifically, it claims that the review committee lacked credibility as it did not adequately consult youth, women, professionals or Rotumans abroad. It maintains that any changes to laws impacting Rotuma and its people must have their full participation and consent.

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0% found this document useful (1 vote)
18K views19 pages

Rotuma Joint Fra Council Submission

The document is a submission opposing two bills, the Rotuma Bill No. 6 and Rotuma Lands Bill No. 7, that were proposed in Fiji. It argues that the bills were not properly consulted on and would destroy Rotuman customs, traditions, and indigenous rights. Specifically, it claims that the review committee lacked credibility as it did not adequately consult youth, women, professionals or Rotumans abroad. It maintains that any changes to laws impacting Rotuma and its people must have their full participation and consent.

Uploaded by

api-197583882
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 19

SUBMISSION TO THE STANDING COMMITTEE OF SOCIAL

AFFAIRS ON THE ROTUMA BILL No 6 and Bill No 7


Introduction
The island of Rotuma is situated between 12 - 15 south latitude and between
175 - 180 east longitude from the meridian of Greenwich. 1 It is approximately 482 km
NNW of Suva. It is about 13 km long x 5 km wide and is divided almost in two by an
isthmus, about 230 meters wide at the western end of the island.2 The unspoilt, beautiful
islands are surrounded by extensive, vast ocean of waters, approximately 207 nautical x 300
nautical miles 3 which is purportedly, rich in oil and marine resources. It is the most isolated
island in the Republic of Fiji.
The island of Rotuma was annexed to Fiji by Great Britain on 5 November, 1880 for
the good government of the inhabitants thereof.4On 13 May, 1881 the official Deed of
Cession to Great Britain was signed by the 7 Chiefs.
The island is the ancestral homeland to an estimated 20, 000 Rotumans world-wide.
The population of Rotumans who live on the island is under 2, 002. (Census, 2007) 5
ROTUMA The Ancestral Homeland
The monthly boat trip on the Lomaiviti Princess II, lasts two days and two nights, and
yet, a Rotumans devoutness to make the trip to the ancestral homeland is unwavering. Partly,
because as a migrant community in Fiji and beyond, the Rotuman persons cultural identity is
entwined with the ancestral homeland. The feeling of being watched over and blessed by
ones ancestors echoes deep within and that this journey home represents a lifetime of
obligations, and also because to every loyal Rotuman, the sea journey, often taken in
sometimes rough and dangerous seas is a pilgrimage in ones lifetime. 6
Hannah (2009) commended how Rotumans in Australia keep the many images of the
ancestral homeland alive, The formation of the Australian Rotuman cultural identity journey
thus charted through the sea-lanes of their passage to and from their homeland7.

Rotuma Act (Cap 122)


https://en.wikipedia.org/wiki/Rotuma accessed 26 November, 2016
3
1 equivalent = 69mles. https://www2.usgs.gov/faq/categories/9794/3022 accessed 21 November, 2016
4
Annexation of Rotuma document
5
Fiji Census of September, 2007. Many people have left for Fiji so the number is below 2002. Fiji estimation is
over 9,000. No census of Rotumans abroad has ever been done.
6
Carol Delaney (2010), renowned anthropologist in Investing Culture: An Experimental Introduction to
Anthropology
7
Cited from the PHD thesis by Agnes Ferguson Hannah (2009), Being Rotuman In Australia: Cultural
Maintenance In Migration.
2

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This journey by sea and the first glimpse of the ancestral homeland in the early dawn is an
awe-inspiring and overwhelming experience.
Undoubtedly, the notion of a lifetime of obligation and pilgrimage resonates with the
Rotuman cultural values of kinship, reciprocity and being in commune with the ancestral
spirits.
The Bills, if enacted into laws, will destroy Rotuman indigenous customs and
traditions with grave consequences for current and future generations.
The primary desire of the Rotuman people is for their indigenous rights under Fiji and
international laws to be recognised and respected and that Rotuman traditions and customs
and land and sea territories are protected for future generations.

Indigenous Rights under International and Fiji Laws


The Rotuman people are recognised as indigenous people in Fijis Constitutions of
1970, 1990, 1997 and 2013.

As indigenous people, our rights are also protected by the UN Declaration of the
Rights of Indigenous Peoples of 2007. According to Article 31, the major emphasis the
indigenous peoples will be able to protect their cultural heritage and other aspects of their
culture and tradition, which is extremely important in preserving their heritage. The
elaboration of this Declaration is recommended by the Vienna Declaration and Programme
of Action (VDPA) and adopted by the World Conference on Human Rights in June 25, 1993.
The ILO, C169 - Indigenous and Tribal Peoples Convention (ITPC) of 1989 has in its
Preamble:
Recognising the aspirations of these peoples [indigenous] to exercise control over
their own institutions, ways of life and economic development and to maintain and
develop their identities, languages and religions, within the framework of the States in
which they live
According to Article 4 (1) of C169, there needs to be put in place, special
measures to safeguard indigenous institutions, property, labour, cultures and environment.
Such special measures shall not be contrary to the freely-expressed wishes of the peoples
concerned
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Article 5 of C169 ITCP states:
In applying the provisions of this Convention:
(a) The social, cultural, religious and spiritual values and practices of these peoples
shall be recognised and protected, and due account shall be taken of the nature of the
problems which face them both as groups and as individuals;
(b) The integrity of the values, practices and institutions of these peoples shall be
respected; and
(c) Policies aimed at mitigating the difficulties experienced by these peoples
[indigenous] in facing new conditions of life and work shall be adopted, with the
participation and co-operation of the peoples affected.

In 2010. Fiji ratified the UN Convention for Safeguarding Intangible Cultural


Heritage which indicates governments commitment to preservation of intangible cultural
heritage.

In fact, the plight of the Rotuman people is known to the UN which has officially
recognised the Rotuman language on its list of endangered languages. There is also the
acknowledgment by the Fiji Department of National Heritage, Culture and Arts that the
Rotuman community is one of the most endangered groups, as far as the survival of our
culture and language is concerned.

The Rotuman tangible and intangible cultural heritage is reflected in our practices and
norms and in our allegiance to our land and sea territories. The UNESCO funded project
which is administered by the Department of National Heritage, Culture and Arts is
welcomed. Unfortunately, the Bills do not have provisions for intellectual property on
Rotuman traditional and customary practices and art forms .e.g. songs, dances,
weaving.

The responsibility and duty to protect our tradition, customs, intellectual properties,
and land and sea boundaries has now become every Rotumans assignment.
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The Review Committee Lacks Credibility
The Rotuman people were not widely and properly consulted in 2011 - 2012 before the
Bills were tabled in Parliament in May, 2015. e.g. no attempt was made to engage youth,
women and professionals. There was no informed discussion on the legal consequences of
the Bills. Furthermore, the Review Committees Draft Report discussion that was to happen
before the 2014 National Election never took place. 8

It is pertinent that the Bills are explained to the Rotuman people because there are
specific sections of the Bills that erode and remove our cultural inheritance, economic and
social rights and radically change our system of governance by denying the authority of our
Chiefs and the Council.

The Viti kei Rotuma (Fiji and Rotuma) catchphrase has its origin in the 1880s, a
significant factor because of its legal implications which was ignored by the Review
Committee. According to the World Methodist Council website, the Rotuma Mission came
under the Fiji District of the Wesleyan Missionary Society in 1841.9 The Church used the
catchphrase because Rotuma had an independent government (state), an independent status
but with close ties, which is still maintained despite the annexation of Rotuma to Fiji by
Great Britain in 1880.

Similarly, many Rotumans in Fiji and elsewhere have maintained close ties to
relatives on the island. The Rotumans may not be familiar with their laws, but they do know
how to reciprocate and nurture the Viti kei Rotuma connection. This is despite not being
members of the Rotuman Community as defined in s2 of Rotuma Act. The remittances that
they transmit annually give people on the island the highest per capita in Fiji. 10

The Rotuma Act (Cap 122) and the Rotuma Lands Act (Cap 138) are specific
legislations for the island. Any discourse on Rotuma Fiji issues is very significant and must
8

The emails are from Rotumans who wanted to find out about the Draft Review Report. (Annexures B, C&
D.
9
http://worldmethodistcouncil.org/about/member-churches/australia-and-pacific/name/fiji-and-rotumamethodist-church/ accessed on 22 November, 2016.
10

Bureau of Statistics Report, 2007

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include the full participation and co-operation of the Rotuman community on the island and
the Rotuman people in Fiji and elsewhere. There is no doubt that the proposed laws have
impinged on issues that need extensive consultation and may require Constitutional law
expertise.

We maintain that the Review Committee did not widely consult the different
demographics of the Rotuman population. This makes the consultation process not transparent
and not accountable to the Rotuman people and any submission (s) to the contrary is
misleading.

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A comparison and contrast of the Rotuma Act (Cap122) and Bill no. 6; Rotuma Lands
Act (Cap 138) and Bill no. 7 is discussed below with references to relevant section (s) in the
Acts and clauses in the Bills.
In respect of the ROTUMA BILL 2015 (Bill no. 6 of 2015):
1. Part 1. clause 2. Rotuma means the islands of Rotuma.
s2. Rotuma Act (Cap 122) definition, Rotuma means the island of Rotuma and its
dependencies, rocks, reefs and fisheries lying between the twelfth degree and the
fifteenth degree of south latitude and between the one hundred and seventy-fifth degree
and the one hundred and eightieth degree of east longitude from the meridian of
Greenwich.

1.1 The current law definition is derived from the Annexation of Rotuma document, of 17
December, 1880. (Refer Annex A). This definition was written into Ordinance 29 of
1927 (47 years later) and has remained (136 years later);

1.2 Previous governments have honoured and respected without question the
Viti kei Rotuma history;

1.3 On the other hand, the proposed definition deprives indigenous Rotumans of ownership
of marine resources between 12and 15 south latitude and 175 and 180 east longitude
from the meridian of Greenwich;

1.4 The relevant obligations are under the Law of the Sea and other international
maritime laws, UN Laws on Indigenous Rights and C169 that necessitate Rotumas
separate territorial composition and extensive rights to its own sea territory, to be
acknowledged and honoured; 11 and

1.5 The reality that Rotuma Island could become an island in Fiji instead of the ancestral
homeland of the Rotuman people, is alarming and has shocked Rotumans world-wide. 12
11

Law of the Sea Bulletin #66 of 2008; Marine Spaces (Territorial Spaces) (Rotuma and its Dependencies) (Amendment)
Order 2012 (United Nations Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs)
12
Rotuma on facebook www.facebook.com and the Rotuma website www.rotuma.net

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2.

The Administration and Governance of the Council of Rotuma is undermined.


Part 2. clause 4 (2) Members of the Council (a) 7 district Chiefs; (b) 7 faufisi (unelected
sub-chiefs); (c) 2 appointees of the Minister; and (d) The District Officer (DO) an exofficio member.
s12 Rotuma Act Members of the Council (a) 7 district Chiefs; and (b) 7 elected
representatives of the people. The civil servants on the island are advisors with the District
Officer (DO) as an ex-officio member.
2.1 The Ministers appointees are political. The independence of the Council is at stake;

2.2 In the proposed law, department heads are excluded from the Council. Their counsel
is valuable to the Chiefs. This will eventually justify the irrelevance of the Council.

3.

Part 2. clause 6. The Council shall meet annually.


s13 Rotuma Act. The Council meets at least 4 times annually.

3.1 The 7 Chiefs are also members of the FORUM OF THE ROTUMAN PEOPLE
(Forum). The Forum has 4 members appointed by the Minister and it remains to be seen
whether 2 of them are also members of the Council;

3.2 If the 2 nominees of the Minister are the same nominees to the Forum and the 7 Chiefs
being members of the Forum as well, it makes perfect sense to disband the Council.
This is an indirect way of undermining the role of the Council, an indigenous institution
and its traditional role in the Rotuman society.

4. Part 3, clause 7 (1) proposes a new body to be called THE FORUM OF THE ROTUMAN
PEOPLE (Forum). clause 7(d) gives powers to the Minister to appoint 4 members to
the Forum. Part 7, clause 23 gives powers to the Minister to make regulations,
following consultation with the Forum.

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s15. Rotuma Act. The Councils duties include good government and well - being of the
community and to administer the Rotuma Development Fund (Fund). s16 gives powers to
the Council to make regulations that relate to the peace, order and good government of
the people on the island.

4.1 The proposed law transfers the administration of the Fund to the Forum and removes
the powers of the Council to decide on social and economic matters;

4.2 The powers to make regulations is also transferred to the Minister limiting the powers
of the Council to traditional protocol and customary issues;

4.3 However, any customary issues could be tabled in the Forum, if 4 of the 7 Chiefs
give their approval;

4.4 The proposed functions and duties of the Council against the pre-eminent role of the
Forum attempts to weaken the respect that Rotumans have for our chiefly system; and

4.5 It is critical that the Council remains the source of unity and harmony on the island.
5

The Appointment and Dismissal of Rotuman Chiefs do not accord with Rotuman customs
and traditions and differs significantly from the current law.

Part 4. clause 11(2) provides for the election of the district chief by all the mosegas of the
district. clause 12 (1) gives the disciplinary action on a district chief to all the mosegas.
(2) Any appeal is to be made to a Tribunal.
s18 (1) Rotuma Act. District Chiefs shall continue to be elected in accordance with
Rotuman custom...

5.1 The custom and current practice is based on a rotational basis amongst the mosegas
of the district. s18 (3) Rotuma Act provides for the Minister to remove from office
any district chief. There is no tribunal in the current law.

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6. Part 7, Clause 24. The Rotuma Act (Cap 122) is repealed.
6.1 The Act will lose its history of the following Ordinances:
Nos 9 of 1927, 2 of 1945, 9 of 1955, 4 of 1958, 19 of 1962, 5 of 1964, 22 of
1964, 37 of 1966, 17 of 1968, 34 of 1970, Act No 14 of 1993 and Act No 43
of 1998.
6.2 The only people who will know about the historic information in these repealed
laws are researchers. Examples of the significance of the information that will be
repealed:
a) Ordinance No. 4 of 1958 ensures that regulations made by the Council shall not
have effect unless and until they have been approved by resolution of Parliament.
(s20 Rotuma Act);
b) Act No 43 of 1998 repealed s20 Rotuma Act;
The transparency and accountability of the Council need to be restored if the
Council is to be the Custodian of land for all Rotuman people.
c) Ordinance 4 of 1958 defines who is a Rotuman. Prior to 1958, Rotumans on the
island were called natives;
d) Ordinance 37 of 1966 defines the people who belong to the Rotuman
community. The current definition includes indigenous Rotumans and itaukeis on
the island. It doesnt include Rotumans who live outside of the island; and
e) Ordinance 37 of 1966.
s3 Rotuma Act. Application to Rotuma of Acts of Fiji
The consequence of the exclusion is that, All Acts in Fiji can apply to Rotuma
regardless of the circumstances of the island and whether the inhabitants
permit them or not.

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In respect of the ROTUMA LANDS BILL 2015 (Bill no. 7 of 2015):
1. Part 3 Rotuma Lands Commission
Except for clause 7 (4) the rest of the proposed law is uplifted from the Rotuma
Lands Act (Cap 138)

s4. (2) Rotuma Lands Act


It is hereby declared that from the commencement of this Act no Rotuman shall be
registered as a member of more than one kainaga
1.1 Rotumans had rejected s4 (2) which requires Rotumans who were born before 1959
to register under the paternal OR the maternal lineage. Rotumans who were born after
1959 and whose father is Rotuman shall be registered as per the fathers wish.

1.2 There are ad hoc committees that have been charged to implement duties pertaining
to land issues.
1.3 The land issues are controversial and closely linked to tradition and custom
that the full participation and co-operation of the Rotuman people is necessary.
2. Clause 7 (4.) This provision states that All Rotumans shall be registered on both
maternal and paternal lineages within the PUK ES ON FAMOR ROTUMA.
2.1 The PEFR is a new concept and adopted from the VKB for the itaukeis; and
2,2 This provision is misleading because there is no automatic entitlement to hanua ne
kainaga (clan owned land).
3. Part 5. Clause 26 (1) Transmission of Land states that The hanua ne kainaga shall
be transmitted though both the paternal and maternal lineages in the following ways
(a) In the case of paternal lineage, as to legal rights; and
(b) In the case of maternal lineage, as to the consent of majority of the male
members of the kainaga.
s4. (2) Rotuma Lands Act. The current provision gives Rotumans the choice to register
on the fathers or the mothers kainaga (clan). This registration is not to be confused
with the registration in the PEFR.
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3.1 The current provision was rejected by the Rotuman people in 1959. It has since been
a red herring. i.e. ineffective;

3.2 On the other hand, clause 26 discriminates against women does not comply with
provisions of Chapter 2 Bill of Rights of the 2013 Constitution and provisions of
the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW). This provision is also arbitrary;

3.3 Furthermore, in the Rotuman culture, paternal and maternal land transmissions
happen on equal terms; and

3.4 This provision is culturally insensitive and inappropriate as it reduces the


traditionally respected status of Rotuman women at the whim of male relatives on the
island.
4. Part 5. clause 28. Transmission of hanue ne on tore.
This land is vested in a single individual and on the death of the owner, the land is
inherited by the last surviving member of the 3rd generation as hanue togi. This is a new
land holding type, it means purchased land and could cause problems to the person
who inherits the land.

s26 (1) Rotuma Act This land is vested in a single individual and on the death of the
owner, the land is inherited by the last surviving member of the 3rd generation as hanua
pau.

4.1 The current law enables the new owner to sell or gift land and still be called hanua
pau. On the other hand, Part 5 clause 29 prohibits the creation of hanua pau which is
not in accord with Rotuman customs and traditions. This is discriminatory and arbitrary.
5. Part 5. Clause 29 Creation of new hanua pau is prohibited.
s26 Rotuma Lands Act. The current law doesnt prohibit the creation of new hanua
pau.
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5.1 This provision discriminates against holders of such land who will no longer be able
to gift or grant such land, as is customary.
6. Part 5. clause 31.Adopted Children. legally adopted child shall be deemed to not
be a child of his or her adopter.
s28. Rotuma Act. an adopted child shall not be regarded as being in existence.

6.1 This is against Rotuman culture because adoption is a common practice and adopted
children traditionally enjoy the same rights as biological children. This includes the
right to use land as a member of the kainaga;

6.2 These provisions deny the lawful rights of legally adopted children. They are
discriminatory, unconstitutional and arbitrary; and

6.3 They do not comply with Human Rights Decree 11 of 2009 which requires that
people must not be discriminated against on the basis of birth; Article 2 of the
Universal Declaration on Human Rights which provides protection in granting rights
based on birth; and Article 17 which grants specific human rights to own property
alone.
7. Part 6. clause 37. Repeal The Rotuma Lands Act is repealed.
7.1 Rotuma Lands Act (Cap 138) will lose its history and along with it, many customs
and traditional ways that Rotuman have used in the past; and

7.2 The proposed laws have provided the motivation for Rotumans to educate ourselves
on issues that relate to the island.

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Provisions in the Rotuma Act (Cap 122) that are excluded in Bill no.6
8. Part I Section 3 Rotuma Act Application to Rotuma of Acts in Fiji
(1) Except in so far as Rotuma has been expressly excluded from the provision
thereof, all Acts are hereby declared to apply to Rotuma;
(2) In applying any provisions of any Act to Rotuma such Acts shall be construed as
containing any variations in respect of Rotuma made necessary by this Act or any
other Act specifically applicable to Rotuma; and
(3) All Acts when applied to Rotuma shall be construed to apply only so far as the
circumstances of the island and its inhabitants permit

8.1 This means that all laws in Fiji could apply to Rotuma regardless of the
circumstances on the island and whether the inhabitants permit these laws or not.

9. Part II District Officers Court


Sections 5 11 Rotuma Act.
These sections relate to the Rotuma Court of Justice or the District Officers Court.
The DO, as a second class magistrate has the same jurisdiction in all civil and
criminal suits and matters as the counterpart in Fiji.
9.1 The DOs Court has been disbanded. The jurisdiction has been transferred to
Suva.

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Summary
The island of Rotuma is the ancestral homeland for the indigenous Rotumans.
A journey home is the pilgrimage of a lifetime. It reminds Rotumans of our obligations
and renews our commitment to protect and preserve our heritage,
Rotumans are indigenous people as enshrined in the Fiji Constitutions of 1970,
1990, 1997 and 2013. Our indigenous rights are acknowledged in the UN Declaration
of the Rights of Indigenous Peoples and elaborated in the Vienna Declaration and
Programme for Action, the UN Convention for Safeguarding Intangible Cultural
Heritage, the ILO Indigenous and Tribal Peoples Convention, to name a few.
The fundamental theme of the Conventions and Declarations is the protection
and preservation of indigenous cultural heritage and that any laws enacted on behalf
of indigenous people shall have the full participation and co-operation of the
peoples affected. The Fiji laws are in compliance and the Department of National
Heritage, Culture and Arts is to be commended for its efforts to promote the Rotuman
language and documentation of Rotuman Intellectual Properties for their preservation
and protection.
Some Issues of Concern in Rotuma Bill no.6
a) The Council of Rotuma loses its independence and influence. It could be
disbanded.
The Council meets once a year instead of at least 4 times a year. Membership
is confined to chiefs (7 Chiefs and 7 sub-chiefs) with 2 members appointed by the
Minister (political appointees). The Council loses the informative and valuable advice
of the heads of government departments.
The Councils function of managing the Rotuma Development Fund and the
Rotuma Agricultural and Industrial Loan Fund is delegated to the Forum. There is
no social, economic and political responsibility for the Council. Instead, the Council is
delegated traditional protocol and customs issues. This is deceptive because the same
issues are discussed by the Forum if 4 of the 7 chiefs agree.

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b) As indigenous people, Rotumans could lose their rights to their ancestral


homeland, heritage, customs and arts.
The proposed definition of Rotuma takes away the rocks, reefs and fisheries
lying between 12 - 15 south latitude and 175 - 180 east longitude from the
meridian of Greenwich. The appointment and dismissal of chiefs differ significantly
with Rotuman tradition and customary practices.
Any attempts to undermine the role of the Council will have a negative effect
on the Rotuman society.
c) The Independence of the island of Rotuma is at stake.
The transfer of the District Officers Court to Suva and the exclusion of section
3 which allows Fiji laws to be implemented in Rotuma ignores Rotumas annexation
history. The Minister gets to make appointees to the Council and the Forum. The
political appointments does not augur well for the island.
The proposed law is radical and ill-conceived and needs the full participation
and co-operation of the Rotuman people.
d) The Rotuma Act (Cap 122) is repealed.
The current provisions date back to 1927 which means that history will be lost.

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Some Issues of Concern in Rotuma Bill no.7
a) The provisions on transmission of land do not comply with Rotuman tradition and
custom.
Hanua ne kainaga (clan land)
The registration on the paternal lineage is a legal right whereas registration on the
maternal lineages is only permitted if male relatives on the island give their consent.
Rotuman custom permits Rotumans to be registered on both the paternal and
maternal lineages;
Transmission of Land Hanua ne on tore.
This transmission relates to individual land that is transmitted to the last surviving
member of the 3rd generation from the original owner. The new owner acquires a
hanua pau (freehold) The proposed law changes the landholding type to hanua togi
(purchased land)

The proposed law also prohibits the creation of new hanua pau which impinges on
the custom of giving gift or grant to relatives.

b) The itaukei social system is patrilineal against the Rotuman social system which is
matrilineal.

The Rotuman custom permits transmission of land, hanue ne kainaga (clan land)
registration on both the paternal and maternal lineages. On the other hand, itaukei
permits registration for transmission of land (mataqali land) on the paternal lineage
only.
This is not to be confused with the registration in the PUK ES ON FAMOR ROTUMA
on the paternal and maternal lineages. This latter registration doesnt automatically
grant access rights to hanue ne kainaga.

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c) The right of legally adopted children are withheld.


This includes legal access to hanua ne kainaga. This is not in accord with custom which
has always encouraged informal adoption to ensure that children are always cared for
in the community. Adopted children enjoy similar rights as biological children.

d) The proposed Land Use Commission provisions are mostly uplifted from the
Rotuma Lands Act. It was rejected in 1959 and is re-introduced under a different
format? Is this supposed to make the sections acceptable?
-

Ascertaining rightful property owners;

Property surveys;

Deciding on land disputes

Appeals etc.

The land issues are entwined with customary and traditional practices and require
extensive participation and co-operation of the people.

e) The Rotuma Lands Act (Cap 138) is repealed.


This means that the history of the current Act will be lost.

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Recommendation
The Rotuma Act (Cap 122) and Rotuma Lands Act (Cap 138) have been in
place since 1927 (89 years old) and 1959 (57 years old) respectively. The haste to enact
new laws by repealing the current laws has no justification.
The Review Committee did not consult widely with the full co-operation of the
Rotuman people. The Council of Rotuma, the Fiji Rotuma Association and the
Rotuman people never endorsed the final draft of the Committee because it was not
made available. This submission does not recommend mere amendments.
This joint submission has provided many reasons why the Rotuman community
on the island and the Rotuman people elsewhere are unhappy with the proposed laws.
As far as Rotumans are aware, the proposed laws are the work of a handful of Rotumans
whose credibility amongst Rotumans to make such radical and sweeping changes are
being questioned.
In as much as we want to adopt progressive changes to our laws, the fact remains
that any changes must truly reflect our wishes and aspirations. We must allow for full
participation and co-operation of the Rotuman people so that the laws give hope, peace
and prosperity to our people and future generations.
To conclude, it is our joint submission that this Standing Committee of
Social Affairs recommend to Parliament that the Rotuma Bill no. 6 and Rotuma
Bill no. 7 be withdrawn under Parliamentary Standing Order 90:
The member in charge of a Bill may withdraw the Bill at any time before the Bill has
been read a third time by leave of Parliament
The current laws are to remain in place until such time as the Rotuman people
have deliberated on their future, without any outside pressure.

Page | 18

SUBMISSION TO THE STANDING COMMITTEE OF SOCIAL


AFFAIRS ON THE ROTUMA BILL No 6 and Bill No 7
References:
1. Agnes Ferguson Hannah (2009), Being Rotuman In Australia: Cultural
Maintenance In Migration.
2. Annexation of Rotuma, 1880 document
3. Carol Delaney (2010), renowned anthropologist in Investing Culture: An
Experimental Introduction to Anthropology
4. Constitutions of Fiji (1970,1990,1997,2013)
5. Convention on the Elimination of Discrimination Against Women (CEDAW)
6. Deed of Cession, Rotuma document
7. Fiji Census of September, 2007.
8. Bill no.6
9. Bill no.7
10. ILO, C169 Indigenous and Tribal Peoples Convention of 1989
11. Law of the Sea Bulletin #66 of 2008; Marine Spaces (Territorial Spaces) (Rotuma
and its Dependencies) (Amendment) Order 2012 (United Nations Division for
Ocean Affairs and the Law of the Sea Office of Legal Affairs)
12. Rotuma Act (Cap 122)
13. Rotuma Lands Act (Cap 138)
14. Submission templates uploaded on facebook.
15. UN Declaration of the Rights of Indigenous Peoples (2007)
16. UN Convention for Safeguarding Intangible Cultural Heritage
17. Vienna Declaration and Programme Action
18. Rotuma on facebook www.facebook.com and the Rotuma website
www.rotuma.net have numerous comments / threads on the Rotuma Bills.
19. http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::p12100_i
nstrument_id:312314 accessed on 19 November, 2016
20. http://worldmethodistcouncil.org/about/member-churches/australia-andpacific/name/fiji-and-rotuma-methodist-church/ accessed on 22 November, 2016.
21. https://www2.usgs.gov/faq/categories/9794/3022accessed on 21 November, 2016
22. https://en.wikipedia.org/wiki/Rotuma accessed 26 November, 2016

Page | 19

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