Customary ownership and rights over foreshore, seabed, reefs and riverbeds would receive explicit constitutional protection for iTaukei, Rotuman and Banaban communities under the Constitution (Amendment) Bill 2026.
Section 48 provides that ownership of iTaukei land, together with customary rights over the foreshore, seabed, reefs and riverbeds, would remain with the customary owners.
The same constitutional protection is separately extended to Rotuman and Banaban land and customary rights.
Under the proposed provision, these lands and customary rights cannot be permanently alienated through sale, grant, transfer or exchange, except to the State in accordance with the Constitution’s provisions governing acquisition for a public purpose.
Importantly, land acquired by the State for a public purpose would have to revert to the customary owners once it is no longer required by the State.
The reversion requirement applies separately to iTaukei, Rotuman and Banaban land.
The Bill also provides additional protection for traditional access and usage rights.
It states that all iTaukei, Rotuman and Banaban customary rights of use and access to the foreshore, seabed, reefs and riverbeds are “inalienable”.
Those rights would not be extinguished even where associated land is alienated to the State in accordance with the constitutional acquisition provisions.
For the purposes of section 48, the definition of “land” is broad and specifically includes foreshore, seabed, reefs, genetic resources and riverbeds.
The provision is among a series of land and resource protections contained in the Constitution (Amendment) Bill tabled in Parliament this week.
