2018 World Land Conference NEW INSIGHTS ON LAND GOVERNANCE STRATEGIES FOR CONFLICT PREVENTION AND SUPPORTING PEACE AGREEMENTS Land Governance for Reserved Customary Land Presenter: Sereana Tuisabeto Itaukei Land Trust Board,Suva,Fiji 7/8/2019 TLTB PRESENTATION

333 islands and 110 islands are permanently inhabited Fiji Islands Located in the South Pacific 333 islands and 110 islands are permanently inhabited Home of the Olympic games 7s Rugby Gold winners 7/8/2019 TLTB PRESENTATION

4 held on separate occasions Land issues Tourism Industry Fiji Water Coup 4 held on separate occasions Land issues 7/8/2019 TLTB PRESENTATION

Itaukei Land Trust Board Land classification in Fiji Crown Land - 4% Freehold Land - 8 % Itaukei Land - 88% Itaukei Land is looked after by the Itaukei Land Trust Board Established in 1940 to administer all Itaukei Land on behalf of its landowners Two type of land in Fiji with Itaukei Land Trust Board Reserve Non Reserve Land Reserve Land to safeguard landowners now and also future generation 7/8/2019 TLTB PRESENTATION

Itaukei Land Trust Act Chapter 134 Laws and Legislations Itaukei Land Trust Act Chapter 134 I Taukei Lands Act (Cap 133) Town Planning Act & General Provisions Order 1999 (Cap 139) State Lands Act (Cap 132) Land Transfer Act (Cap 131) Property Law Act (Cap 130) Forestry Act (Cap 150) Subdivision Act (Cap 140) Environment Management Act 2005 Public Health Act (Cap 111) Succession, Probate & Administration (Cap 60) State Acquisition Act (Cap 135) Local Government Act (Cap 139) Land Use Decree 2010 Mahogany Industry Development Decree 2010 7/8/2019 TLTB PRESENTATION

Central Eastern Region (Suva) Sub Region - Korovou TLTB Offices Central Eastern Region (Suva) Sub Region - Korovou North Western Region (Lautoka) Subregion – Ba Subregion - Rakiraki South Western Region (Nadi) Subregion - Sigatoka Northern Region (Labasa) Subregion- Savusavu 7/8/2019 TLTB PRESENTATION

Sustainable Development and Wealth Creation Core Business Sustainable Development and Wealth Creation Vision: Excellence in Land Management Services to meet Expectation of all Stakeholders Mission: 1. Deliver competent, smart, sustainable and resilient estate land management services to all our customers. Provide the best financial and investment services to the iTaukei landowners, ensure sufficient land and Reserve to meet their immediate and future needs. Automate through modern technology systems and processes to accelerate organizational growth, innovation and business delivery. Promote partnerships with government, regional and international sustainable development goals and conventions. Promote equality of opportunities for all Fijians, develop human capital management and recognize performance. Uphold good governance, inclusiveness, visibility and inculcate a culture of growth, innovation, productivity and excellence in the workforce. 7/8/2019 TLTB PRESENTATION

Various Department/Offices Regional Offices Legal Department Finance and Trust Department Strategic Planning, Research & Development Department Human Capital Management Department Information Technology Department Tourism Department Landonwners Affairs Department Reserve Department Lease Portfolio 7/8/2019 TLTB PRESENTATION

Lease Portfolio & Financial summary Lease Type 2015 2016 2017 Agricultural 14022 13879 14009 Commercial 1829 1887 1958 Educational 542 547 560 Forestry 287 264 261 Government 463 461 473 Industrial 662 693 713 Other 1083 1090 1125 Residential 20668 21445 22738 Tourism 221 229 248 Water/Mineral 46 36 38 TOTAL 39823 40531 42123 Trust Fund TOTAL collected 2015 2016 2017 Trust income $ 70,373,400.00 $ 70,777,170.00 $ 73,293,534.94 Funds distributed $ 67,304,824.00 $ 66,415,811.00 $ 73,851,963.87 Balance $ 3,068,576.00 $ 4,361,359.00 -$ 558,428.93 $27,675,506.30 – minors fund invested with HFC (18 years and below) 7/8/2019 TLTB PRESENTATION

Reserved Customary Land Reserve Department Financially assisted with the Government Reserve exercise commenced in 1940 and concluded in 1970 1995 the department was set up again 2 types of land issues dealt with in Allotment Schedule A - landowning unit members have passed on or extinct Schedule B – Unclaimed land during registration At the end of 2002, land returned to TLTB as published in the Gazette: Schedule A 884 Parcels – 490,227 acres Schedule B 260 Parcels – 80,830 acres In 2015, total transfer to TLTB as confirmed and published in the gazette: Schedule A – 793 acres Schedule B: 176 acres 7/8/2019 TLTB PRESENTATION

Core function of the Department Reserve Department Core function of the Department Section 1 of the Itaukei Land Trust Act Cap 134 “ It shall be lawful of the Board, by notice in the Gazette , to set aside any portion of Itaukei Land as a Itaukei Reserve Exclusion of land from Itaukei Reserve. TLTA Cap 134 section 4 “the control of all native land shall be vested in the Board and all such be administered by the Board for the benefit of the itaukei landowners” and Section 9 “No itaukei land shall be dealt with by way of lease or license under the provisions of this Act unless the Board is satisfied that the land proposed to be leased is not being beneficially occupied by the itaukei owners and is not likely to be required by the Itaukei owners for their use, maintenance and support” Section 18 of TLTA Cap 134 stating that “if the Minister is satisfied that the land belonging to any Mataqali is insufficient for the use, maintenance or support of its members it shall be lawful for the Minister by Proclamation to set aside such State land or land acquired for or on behalf of Itaukei by purchase, as in his opinion may be required for the use maintenance or support of such Mataqali. Any area so set aside shall be deemed to be a Itaukei Reserve” Allotment of former Schedule A & B Lands Regularise tenure of Extinct Mataqali Lands 7/8/2019 TLTB PRESENTATION

Reserve Department Team Structure 8 officers Reserve Commissioner is appointed by the Minister Both positions are published in the Gazette 7/8/2019 TLTB PRESENTATION

Procedures when Leasing Reserve Land 7/8/2019 TLTB PRESENTATION

7/8/2019 Case Studies Dereserving Land due to its location, accessibility, current use and its market Higher return for the Landowners Dereservation process has to be followed with 60% consent 7/8/2019 TLTB PRESENTATION

2. Piece of Land traditionally gifted to Ben Ryan History on its own Land was an outside reserve land but is now reserved for the Tokatoka Ketenatukani for Ben Ryan also known as Ratu Peni Raiyani Latianara Token of appreciation on 27th October 201 Reserve due to public interest 3 acres of land Ben Ryan can lease it in future without any premium and rent charged 7/8/2019 TLTB PRESENTATION

3. Extinct Mataqali Land In 2010, the Mataqali became extinct Land with all its existing leases and lease money was passed to the Yavusa The Yavusa then used the money to build a Church Minister residence in their village Property worth $500,000.00 7/8/2019 TLTB PRESENTATION

Rental arrears of lease account Individual lease money distribution TLTB Challenges Rental arrears of lease account Individual lease money distribution Landowning Unit consultant Goodwill payment to landowners High demand for lease High cost of Infrastructure Climate Change 7/8/2019 TLTB PRESENTATION

3 years Strategic Corporate Plan TLTB Future 3 years Strategic Corporate Plan Electronic services on rental statement and updating of lease application case status Fiji Business Excellence Awards journey Literacy training for our landowners Seed fund to assist Landowners 7/8/2019 TLTB PRESENTATION

Setting aside parcels of land to meet the future generation Conclusion 78 years of existence Landowners rely on their land for basic survival and also financial assistance through lease money Reserve customary land is crucial in all villages and traditional set up Setting aside parcels of land to meet the future generation Development in the new era 7/8/2019 TLTB PRESENTATION

Reference Estate Operational Manual: Itaukei Dereservation https://www.worldatlas.com https://www.fijislands.com www.statsfiji.gov.fj http://www.fijiwater.com/company.html https://en.wikipedia.org/wiki/Fiji_coup https://theredddesk.org/countries/fiji/legal-frameworks Personal Interview Reserves Commission Work Manual 7/8/2019 TLTB PRESENTATION