Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Fiji (Ratification: 1998)

1. Articles 13-19 of the Convention. Land rights. In its previous observation, the Committee noted two communications from the Fiji Commercial Services Union (FCSU) under article 23 of the ILO Constitution. The FCSU comments related to the system of management of land owned by the indigenous Fijians under the Native Land Act stating, inter alia, that there were no grievance procedures for resolving the growing number of land claims or disputes on the use to which the Native Lands Trust Board puts native lands, except through the Native Lands Commission, which is said to have too great a vested interest to be able to adjudicate objectively.

2. In its previous observation, the Committee took note of the complex political, legal and social situation underlying the communication submitted by the FCSU and requested the Government to comment on the degree to which it considers it can apply the Convention to the management of issues between elements of the indigenous population of the country, and to state whether it considers that the present system for resolving disputes over land rights is adequate for the needs of the population. While the Government failed to address these issues directly in its report, it reiterates that the indigenous landowners who are registered under the provisions of the Native Land Act make up the group of the national population that falls within the provisions of the Convention. It also states that the Native Lands Commission is charged with the duty of ascertaining the rightful and hereditary properties of the native owners; and that disputes regarding land boundaries or the chiefly title of each mataquli (clan) or tikina (district) or province, if not settled otherwise, are to be referred to the Commission. The Committee recalls the Government’s obligation to ensure that the land rights of the indigenous population of the country are recognized and effectively protected, to ensure full enjoyment of these rights to the benefit of the communities concerned. It requests the Government to provide more detailed information on the activities of the Native Lands Commission, including any reports issued by the Commission. The Committee also asks the Government to indicate the procedures that are available to address grievances of indigenous landowners that relate to the management of their land, rather than to issues concerning title or boundaries.

The Committee is also addressing a request directly to the Government on other points.