Mineral ownership questioned at Constitution review

A challenge to the State’s claim over Fiji’s mineral resources has placed customary land ownership, the Deed of Cession and constitutional accountability at the centre of debate over the proposed Constitution Amendment Bill.

Namoli villager Sereima Bulouniwasa has disputed a provision in the proposed Bill stating that all minerals are owned by the State, arguing that Fiji’s foundational legal documents must be considered before such provisions are enacted.

“The government does not own any minerals in Fiji. I say that in confidence in light of the Deed of Cession,” Ms Bulouniwasa told the Parliamentary Committee during a public consultation at the Girmit Centre in Lautoka last Saturday.

She argued that constitutional and legislative provisions must align with Fiji’s historical legal framework, including the Deed of Cession and the 1876 Real Property Ordinance.

Ms Bulouniwasa also challenged a legal interpretation cited in a judgment arising from a Suva case that the Deed of Cession extinguished native title.

“If it extinguished native title, then there would be no Native Lands Commission and there would be no reversion,” she said.

While acknowledging that she was not a lawyer, she urged legal drafters to examine the issue carefully to ensure customary land rights were not undermined.

Automatic renewal is illegal, she claims

Ms Bulouniwasa also raised concerns about the compulsory acquisition of native land for public purposes, claiming that acquisitions and renewals had continued without the consent of customary owners since 2000.

She called on the Government to obtain the explicit consent of original landowners before renewing arrangements for the continued use of their land.

She argued that automatic renewals were unacceptable to affected communities and called for greater clarity on land reversion and the rights of customary owners.

Emergency powers under fire

Her submission also questioned the scope of proposed immunity provisions and the powers exercised during states of emergency.

Ms Bulouniwasa called for a thorough review of the authority granted to the Commander-in-Chief and the executive, warning that the limits of these powers required careful legislative scrutiny.

She urged the committee to address the concerns before the Bill progressed further, stressing that constitutional reform must respect customary land rights, provide legal clarity and ensure proper consultation with affected communities.

Her central message was that constitutional reform must not come at the expense of customary landowners’ rights.