Senators have approved in final reading a bill which prohibits the conversion of communal land to individually owned land. The bill also prohibits any person or entity to clean any village land, or virgin forest, and claim it as individually owned land.
The intention of the bill is to prevent the loss of indigenous land and also avert harmful motives and unlawful procedures with respect to land ownership.
Introduced by Senator Togiola Tulafono, the bill’s preamble makes mention that the Senate Select Investigative Committee dealt with an issue regarding individuals who cleared “virgin bush” and attempted to register this “virgin bush” as individually owned land. “In an effort to conserve our lands and our culture for future generations this bill prohibits the conversion of communal land to individually owned land.”
In addition, it prohibits any persons or entities who clear uncultivated, virgin bush or forest land from registering such land as their own.
One of the questions asked during a hearing on the bill was whether communal lands that have already been converted to individually owned land, will be affected by this bill if passed. It was explained that the bill is not retroactive.
Attorney General Fainuulelei Alailima Utu testified in support of the bill.
Because the proposed legislation deals with the alienation of land, it must be passed by a 2/3 vote of the entire membership of both the House and Senate in two successive legislatures and signed by the Governor.
