Land tenure system : changes and constraints in Tongan society

Abstract

As far as most social analysts and observers of contemporary Tongan society are concerned, Tonga has undergone major social and economic changes in the last three decades. Through these radical changes arose many unforeseen problems facing the country today. Some of these problems are centred on Tonga's unique land tenure system. The underlying principles of the present land tenure system, as outlined in the land law, have existed relatively unchanged for more than a century. This has created a separation between what is said in the land law and ! what is happening in reality in the sense that the land legislation is unable to accommodate on-going change. This thesis examines development and change in the system of land tenure in relation to transformation in Tongan society. It adopts a 'social-historical' approach where it attempts to discuss the change and continuity between the pre-existing form of society and the present. This approach enables a broader understanding of how the land tenure system originated and evolved through the years. Part I covers the period from the initial settlement of Tonga, c. 1200 B.C. to contact with the Europeans, c. 1770. This lengthy period of time shows that major changes in society - whether social, economic, or political - have often led to major changes in the system of holding land. The shift from coastal settlement to permanent settlement in the inland area of Tongatapu perhaps laid the foundation for the emergence of the first land tenure system, that is, the association of land with titles and specific duties. The rise of 'Aho'eitu in 950 AD marked the beginning of a centralised political system in Tonga. This political event further prepared the framework for the emergence of the 'feudal land tenure system' where the relationship between the hou ' e i k i (chiefs) and the t u ’a (commoners) was based on fatongia (obligation) centred on land. This feudal relation on land continued until the contact with Europeans in the 18th century which led to major revolutionary changes in the social and political structure of Tonga society. Part II (1770 - present) continues to support the main argument in the thesis that changes in the wider society are reflected in the land tenure system. Contact with Europeans, especially the Christian missionaries, was followed by the transition from traditional, feudal social formation to a modern, capitalist Tongan society. T2ufa'ahau's political revolution in the last century (between 1845 and 1893), under the advise of Reverend Shirley Baker led, to the creation of an unique land tenure system which gave every male Tongan, sixteen years of age and over, the right to own a tax allotment and a town allotment. This continued to work quite well during the reign of Täufa’ahau Tupou II (1893-1918) and Queen Salote Tupou III (1918-1965). The rise of the present King Täufa'ähau Tupou IV to the throne in 1965 saw the opening up of Tonga to the outside world. This has increased the pace of social and economic change in Tonga while the fundamental legal principles of the land tenure system have remained relatively unchanged. The ideology of equality illustrated in the unique land tenure system over the years is beginning to show the effects of the international capitalist system which has increased the gap between the privileged and the underprivileged in Tonga. In summary, the thesis examines the changes in the rights of people to own, allocate and use land as a consequence of the transformation in Tongan society over the years, and it further explores how the new system of land tenure affects the course of social, economic and political change in society.