“Qoliqoli” – A Deliberate Confusion

In everyday Fijian language “Qoliqoli” is an area of sea where customary native fishing rights exist.

Thus it would be a permissible use of language to call a Native Customary Fishing Right issued by the Native Fisheries Commission in exercise of its jurisdiction under the Fisheries Act a “Qoliqoli Area”.

Introduced into Fiji's Parliament on 23 August 2006 was Bill called the Qoliqoli Bill.

Using ordinary common-sense most people would have expected the Bill to have something to do with “qoliqoli” as used in everyday language. Unfortunately there are occasions when when the law is deliberately made to confound common-sense and this was one of those occasions.

“Qoliqoli Area” Is Really Crown Land

A quick examination of the Qoliqoli Bill will reveal that it is not about “qoliqoli” but mostly about the land under the “qoliqoli” and the sea shore. Under present day classification these are called “Crown Land”

They are called “Crown Land” because according to Section 3 of the Crown Lands Act seabed and foreshore are species of Crown [or State] land.¹

Should there be any doubt about what I am saying, look at Clause 2 of the Bill (which is where definitions in statutes usually reside). There is a definition there which states:

"qoliqoli area" means any area of seabed or soil under the waters, sand, reef, mangrove swamp, river, stream or wetland or any other area, recognised and determined within customary fishing grounds under the Fisheries Act or as clarified in accordance with this Act, and includes any customary fishing grounds reclaimed before or any qoliqoli area reclaimed after the commencement of this Act;

Note also that this re-definition of “qoliqoli” is designed to catch all foreshore leases and reclaimed foreshore held by the Crown.

Look at the preamble to the Bill.  It states this is

A BILL FOR AN ACT TO PROVIDE FOR THE TRANSFER OF THE PROPRIETARY OWNERSHIP OF QOLIQOLI AREAS FROM THE STATE TO THE QOLIQOLI OWNERS, FOR THE ESTABLISHMENT OF THE QOLIQOLI COMMISSION WITH ITS POWERS AND FUNCTIONS AND FOR THE REGULATION AND MANAGEMENT OF FISHERIES RESOURCES WITHIN QOLIQOLI AREAS AND FOR RELATED MATTERS.

Presumably the income from Crown leases of foreshore and all that might encompass is intended by this Bill to be taken out of the hands of the Crown or the State and passed with “proprietorship” to the “qoliqoli owners”

And what about the “qoliqoli owners”. Are they to say later, “well the Crown owned all the minerals (and oil) under the seabed; as 'proprietorship' has been passed to us we now own the minerals and the oil under the seabed.”

I mentioned in Part I of this series that Native Customary Fishing Rights (qoliqoli rights) are already provided for by sections 14 to 20 of the Fisheries Act. Also that there a range administrative shortcomings which have been allowed to evolve. This Bill, does nothing however to remedy those shortcomings.

Effect of the Bill

The effect of this Bill if passed into law would be

• to vest ownership of all Fiji's foreshores, Crown Leases of foreshores and reclamations plus seabeds lying underneath Fiji's oceans in an amorphous as yet un-ascertained group to be called “qoliqoli owners” and change the name the property transferred to “qoliqoli areas”
• to vest the administration and control of the so called “Qoliqoli areas' in the Native Land Trust Board and
• to turn “qoliqoli areas” into “Native Reserves”
• to create qoliqoli trust funds into which money generated by “Qoliqoli areas” would be channeled.
• to enlarge “Native Customary Fishing Rights” so that no one apart from the Mataqali owning a fishing right is entitled to fish the area as of right.
• to establish a new body to be called the “Qoliqoli Commission” and vest in it the right to determine who the qoliqoli owners might be as well as the right to control commercial fishing
• to fetter the granting of licenses by the Fisheries Department to fish Fiji's EEZ.

Our recent history tells us the common Fijians do not benefit from Native Reserves located away from their villages. So who is to benefit from this legislation?

Now there is another name for this kind of thing. Its called “stealing”

It also calls to mind my first visit some 20 years ago, to Paremoremo maximum security prison which is located outside of Albany, near Auckland in New Zealand. It is a place which is absolutely forbidding in appearance.

On the window of the guardhouse by the main entrance I noticed there was fixed a yellow and red bumper sticker. It read “DONT STEAL, THE GOVERNMENT HATES COMPETITION”

Lastly, the above is purposefully intended to be a rant. If you want my views expressed in pompous sounding legalese read Part III of this series which is coming soon.

¹Section 2 of the Crown Lands Act states: “Crown land' means all public lands in Fiji, including foreshores and the soil under the waters of Fiji, which are for the time being subject to the control of Her Majesty by virtue of any treaty, cession or agreement, and all lands which may have been or may hereafter acquired by or on behalf of Her Majesty for any public purpose.

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