SODELPA is proposing that the new Constitution should provide for all land in Fiji, including Crown land and freehold land, to be owned by the iTaukei people, and saying they are also referring to the definition of Fijian in the 1970 Constitution, which was adhered to and accepted by most past leaders.
The party is also proposing the removal of immunity provisions, the return of mineral resource ownership from the State to the iTaukei and the recognition of customary laws in Fiji's legal system.
Presenting the party's submission before the Parliamentary Special Committee on the Constitution (Amendment) Bill, lawyer Jolame Uludole says they want the proposed Constitution to provide for all land in Fiji to be owned by the iTaukei.
Committee Member Siromi Turaga then asked Uludole to explain his statement.
SODELPA member and Lawyer Savenaca Komaisavai told the Committee that they want Crown land and freehold land to come under one heading, and if there are claims of injustice or human rights violations because of existing leases, these can be addressed under Section 8 of the Land Transfer Act.
Committee Member Parveen Bala asked how freehold land could be converted.
Uludole responded by saying that the land could be bought back, and if some owners are unwilling to sell their land, negotiations could take place.
Turaga then told Uludole that he found it difficult to understand the proposal to buy back freehold land because most freehold land is owned by non-iTaukei, and that is the only form of security they have in this nation.
However, the SODELPA representative was adamant that ownership of land must return to the iTaukei.
Uludole highlighted that they are also proposing that ownership of mineral resources should revert from the State to the iTaukei people.
He says when Fiji gained independence, the State or the Queen retained ownership of minerals.
Uludole questioned why the State should continue to retain ownership of minerals when Fiji is no longer under the Crown.
He says the definition of Fijian in the 1970 Constitution was lost when the coup occurred and a new Constitution was created.
Speaking on the recognition of customary laws in Fiji's legal system, Uludole says customary law needs to be elevated to an Act of Parliament.
He says they are not asking the courts to simply recognise customary laws, as recognition alone means nothing.
Uludole says they want the Qoliqoli Bill and other customary Bills to be enshrined in the proposed Constitution.
