Tongans shared their concerns over land law and practices with Royal Commission’s meetings

This news story is based on a Tongan Royal Land Commission Inquiry report released in 2012. When Kaniva News asked the Acting CEO of the Ministry of Land and Survey last week what progress had been made after the report was released, he said the Ministry will consider .incorporating the report’s recommendations in the Ministry's main schedule.

Tongans living in the kingdom and all over the world shared their views with the Land Commission’s public meetings.

They were concerned with land law and practices and wanted changes to make the system
more equitable.

The Commission held 79 public meetings, including  13 in the United States, eight in Australia and six in New Zealand (342 attendance).

The proposals received clearly showed concerns regarding the land tenure system and its history, the law of succession, women’s rights, freehold land, mortgaged land, leased land, abandoned land, land belonging to Tongans living overseas and the foreshore.

People residing in the outer islands expressed concerns about the erosion of land by the sea and the right of Tongans to use the foreshores and seek a livelihood from the sea without impediment. People living in rural villages were more concerned with tax allotments and their ability to lease these lands.

People residing close to the foreshores and lagoons such as Fanga’uta were concerned with development projects in these areas that could affect their livelihoods. Tongans living overseas wanted to know how they could contribute to the upkeep of their land in Tonga possibly by payment of taxes that could be imposed on them to contribute to the general revenue of the country.

There was great concern and dissatisfaction with the services provided by the Ministry of Lands.

Two issues that were raised were the role of abandoned land and absentee landholders and the rights of Tongans living overseas.

The Commission report said there were a large number of registered town and tax allotments across Tonga that were not being used for residential or farming purposes, in effect they were abandoned lands. In many cases, the landholders of these abandoned lands lived overseas. Other views expressed by the public were as follows:

Abandoned allotments should be made available to others to use with the landholder’s consent;

The landholder should choose who would work his land;

The Town Officer should be the custodian for abandoned allotments;

Abandoned land should be given to an independent body which would be the intermediary between the landholder and anyone in need of land;

Abandoned land should be returned to the Government and become part of the Crown Estates;

Landholders who abandoned their land should be penalised.

Most Tongans living overseas opposed any move to take away their rights to land in Tonga on the basis that they had acquired foreign citizenship or they had lived overseas for many years.

However, members of the public gave  often conflicting views to the Commission meetings:

Land rights of Tongan subjects who had acquired foreign citizenship should not be forfeited as they are still Tongans in their hearts, they helped the economy of Tonga with their remittances and their long term intention was to build a home in Tonga with the money earned overseas and eventually return to live in Tonga;

Land rights of Tongan subjects who had acquired foreign citizenship should be forfeited on the ground that they had benefits and entitlements in the foreign land while they still hold on to land in Tonga, which was needed by those in Tonga who do not own any land.

EDITOR’S NOTE:

This story is based on the Tongan Royal Land Commission Inquiry report released in 2012. When Kaniva News asked the Acting Chief Executive of the Ministry of Lands last week what progress had been made after the report was released, he said the Ministry will consider incorporating the report’s recommendations in the Ministry’s main schedule.

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