History & Background

1874 - Fiji became a colony and the colonial government recognized indigenous ownership of land.

1875 - The British Colonial Government passed legislation stopping all sale of native land. At this stage of about 1.8 million hectares of land in Fiji, about 83% of land was recognized as belonging to the indigenous Fijians. 8% of land had been legally sold and was classified as freehold land, and the remaining 9% was in State ownership.
Today, after the transfer of Schedule A and B lands to the Native Land Trust Board, indigenous Fijians own about 88% of land in Fiji. Freehold land remains at 8% and the rest is owned by the state.

1879 - Indians arrived in Fiji as indentured laborers to work on the sugar plantations. On expiry of their 5 year contract (girmit) they had the option to return to India. Between 1879 – 1916 some 60,000 Indians arrived in Fiji. Of this 24,000 returned to India and the rest remained to make Fiji their home.

Note: Land Ownership rights were decided by the Colonial Government 5 years before Indians came to Fiji.

1881 - In order to encourage Indo-Fijians to stay and farm the land, the Colonial government passed legislation allowing leasing of Native land to Indo-Fijians and others. Indo-Fijians who remained in Fiji leased Crown and Native land and continue to do so today. Only a small area of cane land is freehold.

1940 – The Colonial Government established the NLTB to administer all native lands.

1964 - Almost 2000 native leases expired throughout Fiji. Tenants were resettled on state land Schedule A&B in West and the North with the assurance that they will not be displaced from crown land in future.

1966 - Indo-Fijian leaders negotiated the Agricultural Landlord and Tenant Ordinance (ALTO). This legislation, which came into effect in September 1967, provided a minimum of 10 year leases with a rental amount fixed at 6% of UCV.

Note: On its own land, CSR adopted “Tenancy at Will” which guaranteed automatic renewal of leases unless tenants violated certain conditions. For the CSR tenants, this in effect gave them indefinite security of tenure.

1976 - The ALTO leases began expiring. And the Indo-Fijian and Fijian political leaders negotiated and enacted its successor legislation, ALTA- Agricultural Landlord and Tenants (Amendment) Act.

ALTA, which came into effect in 1977, provided statutory extension of 20 years to all expiring leases, and increased the minimum lease term for new tenants from a minimum of 10 years to minimum of 30 years. Rental formula was reviewed and set to be at ‘up to 6%’ instead of a fixed 6%.

1996 - SVT Government introduced Bill No.25 & 26 to transfer Schedule A & B lands to NLTB, which was shelved and later lapsed after the dissolution of the Parliament for the General Elections.

1997 - New Constitution was passed by the Parliament, in which the ALTA legislation was entrenched, thus requiring a 75% majority for any changes to the Act.
In September 1997 the 20 year leases under the ALTA began expiring.

1999 - General Election was held under the 1997 Constitution and the Labour Party came into power. In October, the Labour Government reintroduced Bills 15 & 16 to the Parliament to transfer Schedule A & B lands to NLTB. However, 2000 political events superceded the second reading of the Bills.

2000 - In May 2000 another coup takes place and the country is put once again in political crisis.

2001 - General Election is held and the SDL government comes into power.

2002 - SDL government reintroduced the Bill and the legislation was enacted, transferring all Schedule A and B lands to the NLTB.

Current Land Lease Situation

A permanent solution to the land has yet to be found, although different governments have been in power since 1997 – the SVT Government before 1999, the Labour Government of 1999, the Interim Qarase government following the 2000 coup and since 2001 and 2006 the SDL Government. The existing interim government hopes to resolve the land issue in due course. The need to resolve the land is crucial for success of the cane farming.

SCGC Solution

The Sugar Cane Growers Council believing that a solution can be found to this impasse took the initiatives on several fronts: –help negotiate lease renewals, sought financial assistance for outgoing tenants, for tenants who have to pay goodwill for their lease renewal, and help incoming tenants.

Dialogue and Negotiation - NLTB & GCC

The Council approach with the landowners, the NLTB and the Great Council of Chiefs, encouraged landowners to renew many leases (see table). Recently, as a direct result of dialogue and negotiations initiated by the Council with the NLTB and the mataqali (and SCGF) leases were renewed in Momi, Nadi.; Kabisi, Sigatoka and Wainikoro. The Council has also saved growers money, in goodwill and rental payment in Kabisi. The Council has also helped landowners to receive rent that better reflect land productivity and the market conditions.

Land Lease Expiry and Renewals

Total Registration Issued On Expired ALTA Leases at 01/01/097 – 14/02/07

Source: Sugar Industry Tribunal, 2006

ALTA Task Force

The Council initiated ALTA Task Force, comprising of Government and industry representatives. At the Council’s initiative, the Task Force recommended, and the Government agreed to extend the Farming Assistance Scheme and to also provide a financial grant of up to $10,000 for:

• goodwill payment on renewal of cane lease.
  
• goodwill payment on renewal of only residential lease
  
• displaced tenants to purchase another cane farm

Government’s proposal had included $10000 payments to the incoming tenants and outgoing tenants willing to settle on government land only.
The Council’s proposal to also extend the financial grant to displaced tenants is still under consideration by the Government.