Lau chiefs: Senate essential to protect iTaukei land

The Vanua ko Lau has called for the restoration of the Senate and Bose Levu Vakaturaga (BLV), insisting that the proposed constitutional safeguards protecting iTaukei land must not be weakened.

In its submission to the Special Committee on the Constitution (Amendment) Bill 2026 on Friday, October 30, the Vanua described clause 50 as the most important provision in the proposed legislation.

The statement was read by Nukuyasi Maca Tulakepa on behalf of the Gone Turaga Bale na Tui Nayau, Sau ni Vanua ko Lau, Tui Lau and his Masi ni Vanua ko Lau.

“Of all of them, clause 50 is the most important to the Vanua ko Lau. If this Bill contained nothing else, we would still support it for that provision alone. Constitutions exist to place certain matters beyond ordinary politics. For us, land is one of them.”

Under clause 50, changes to the iTaukei Lands Act, iTaukei Land Trust Act and iTaukei Affairs Act would require the agreement of nine of the 14 senators nominated by the Bose Levu Vakaturaga.

The submission said Rotuman laws would receive the same protection.

The Vanua argued that the abolition of the Senate under the 2013 Constitution had also removed an important safeguard over indigenous land legislation.

“The Senate was never ceremonial. It was the mechanism through which that protection operated. In 2013 it was abolished, and the protection went with it. No question was put to a single landowner. So we ask that clause 50 be retained without dilution. A protection resting on the forbearance of the Parliament of the day is not a protection but a courtesy, and courtesies can be withdrawn.”

The chiefs rejected concerns that giving BLV-nominated senators a decisive role in protecting land legislation would place an unelected institution above Parliament.

They argued that the proposed voting threshold would prevent changes to protected legislation without giving the senators authority to introduce or enact laws.

“Some honourable members ask whether a threshold of that kind sets an unelected body above Parliament. It does not. Clause 50 does not confer a power to govern; it creates a safeguard. Those nine votes are a lock, not a source of legislative power. They cannot enact a law, amend a Bill, or compel either House to act - and that safeguard binds the chiefs no less than it binds Parliament, for no individual chief may unlock it alone. A protection removable by an ordinary majority is no protection at all.”

BLV restoration

The Vanua also gave its full support to restoring the Bose Levu Vakaturaga's constitutional role.

“We support the restoration of the Bose Levu Vakaturaga without reservation. An institution standing since 1876, whose members’ forebears ceded this country, was set aside by decree, and the 2013 Constitution gave it no role at all.”

The submission argued that the relationship between traditional leadership and the State remained an important part of Fiji's identity.

It also challenged suggestions that BLV representation in the Senate would serve only indigenous Fijians.

The Vanua pointed to the historical role of chiefs in welcoming different communities to Fiji, including Chinese settlers, indentured labourers and people from other Pacific islands.

“The chiefly institution has never existed to serve one community alone. At its best, it has served the whole country.”

The submission referred to the late Ratu Sir Kamisese Mara's vision of a united Fiji that embraced its cultural diversity.

It said the same principle should guide the chiefly voice in a restored Senate.

The Vanua maintained that protecting indigenous land rights and recognising traditional institutions should not come at the expense of other communities.

It urged the committee to retain clause 50 without weakening the proposed safeguards.