Report - Office of the High Commissioner on Human Rights

Susie Saitala K<strong>of</strong>e, Tuvalu
Telekia Motufoua’s Story
Telekia is a widow and is Melial<strong>of</strong>a’s niece. Telekia’s fa<strong>the</strong>r is Melial<strong>of</strong>a’s only bro<strong>the</strong>r and <strong>the</strong>y are
<strong>the</strong> only children <strong>of</strong> <strong>the</strong>ir fa<strong>the</strong>r Tanei from <strong>the</strong> island <strong>of</strong> Funafuti. Telekia’s fa<strong>the</strong>r married Mili from
<strong>the</strong> island <strong>of</strong> Nanumea and <strong>the</strong>y have lived <strong>the</strong>re ever since. Several years after her fa<strong>the</strong>r and husband
died, Telekia with her children toge<strong>the</strong>r with her sisters migrated to <strong>the</strong> capital island <strong>of</strong> <strong>the</strong>ir fa<strong>the</strong>r.
On arrival, Telekia and her sisters consulted <strong>the</strong>ir aunty Melial<strong>of</strong>a who is <strong>the</strong> caretaker <strong>of</strong> <strong>the</strong>ir family
lands, were given a small portion <strong>of</strong> a piece <strong>of</strong> land in <strong>the</strong>ir village to build a home for <strong>the</strong>mselves.
Years passed and Telekia and her sisters realised that <strong>the</strong>y need to build more houses for <strong>the</strong>ir children
as Telekia’s house had become too small for <strong>the</strong>m. Again Telekia and her sisters approached <strong>the</strong>ir aunty
and requested for some <strong>of</strong> <strong>the</strong> family lands to be given to <strong>the</strong>m to build <strong>the</strong>ir houses.
Naumea is an outer island
Their aunty refused and as a result Telekia’s sisters migrated to New Zealand. Telekia continued to
fight for her fa<strong>the</strong>r’s share <strong>of</strong> family lands. She filed a complaint to <strong>the</strong> Land’s court that her family
lands be equally divided between her fa<strong>the</strong>r and her aunty. The Land’s court did not approve as <strong>the</strong>re
is not enough lands to be divided and also because Telekia and her sisters do not contribute to
community functions <strong>of</strong> Funafuti people. Telekia was not happy so she appealed to <strong>the</strong> Appeals Panel.
The Appeals Panel agreed that <strong>the</strong> family lands be divided equally between Telekia’s fa<strong>the</strong>r and his
sister Melial<strong>of</strong>a. Telekia’s fa<strong>the</strong>r received 50% <strong>of</strong> <strong>the</strong>ir family lands that are situated at <strong>the</strong> far nor<strong>the</strong>rn
part <strong>of</strong> <strong>the</strong> island where one would be required to travel by bus or taxi to <strong>the</strong> main settlement. Telekia
is unemployed and is 64 yrs old and is living with her mentally retarded son <strong>of</strong> 16 yrs old. Telekia
believes she had been unfairly treated and she has appealed to <strong>the</strong> <strong>High</strong> Court <strong>of</strong> Tuvalu for <strong>the</strong>ir family
lands to be redistributed so she can have some lands in <strong>the</strong> main settlement.
Elements –
1. Access to lands – although she got land access in <strong>the</strong> end <strong>the</strong> attitudes <strong>of</strong> <strong>the</strong> land court were
indifferent to Telekia during <strong>the</strong> process which made life difficult for Telekia.
2. Cultural appropriateness- community expectations. The family expected Telekia to contribute to
<strong>the</strong> family foundations, even though she had grown up on <strong>the</strong> o<strong>the</strong>r island and was going through
a difficult time adapting and getting used to her community’s way <strong>of</strong> doing things.
3. Resettlement- Telekia is trying to come to terms with whe<strong>the</strong>r she should contribute and become
part <strong>of</strong> <strong>the</strong> community in order to access <strong>the</strong> land, or should she retain her own identity.
4. Location – The eviction, change <strong>of</strong> location and resettlement has created hardship. Telekia was
evicted from her house which she had built from scratch. She was moved to o<strong>the</strong>r lands and told
to build a new house, but she has no money to buy <strong>the</strong> materials and no one to help her build
a new house. The o<strong>the</strong>r land is in <strong>the</strong> far north <strong>of</strong> <strong>the</strong> island, where <strong>the</strong>re are no nearby services
for her mentally disabled son. She is unemployed and accessing services elsewhere is too costly.
5. Redress – <strong>the</strong> only solution is to go back to <strong>the</strong> appeals panel.
6. Accessibility – her use <strong>of</strong> <strong>the</strong> land is limited because <strong>of</strong> <strong>the</strong> financial and o<strong>the</strong>r hardships because
she has no income and her mentally ill son needs to have access to <strong>the</strong> hospital and police.
7. Habitability – she has to build a new house to live in
164 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND