21 Sep 2006

Fiji Human Rights Commission intervenes in land ownership case

10:00 am on 21 September 2006

The Fiji Human Rights Commission has intervened on behalf 28 families of Solomon Islands descent who are facing eviction by the Seventh Day Adventist Church.

The Daily Post reports that the Solomon families who live on the outskirts of Suva were served with eviction notices in 2004 by the Seventh Day Adventist Church ordering them to vacate the land.

Their lawyer, Anand Singh, has told the Suva High Court that the families have been staying on the land in question since 1935.

Mr Singh argues that under the Lands Act if anyone has been staying on a piece of land for more than 20 years and has not been asked to vacate it in that period, they become holders of what is known as Possessory Title.

The director of the Fiji Human Rights Commission, Dr Shaista Shameem, presented documents to the court dating back to the 19th century showing how the Solomon Island families came to be living there.

Dr Shameem said the families acquired the land in the traditional manner as a gift from Tamavua villagers in a custom that is very much alive today.

Dr Shameem also argued that any order to evict the Solomon Islanders would also be in breach of Fiji's 1997 Constitution which provides for protection against compulsory acquisition of property.