Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the information provided by the Government in its report received in June 2013. It also notes the detailed observations and concerns raised by the Fiji Islands Council of Trade Unions (FICTU), dated 24 September 2013, on the application of the Convention in Fiji. The observations submitted are supported by various indigenous individuals, institutions and groups in Fiji, and several other groups. The FICTU describes policies that were implemented and laws that were adopted without proper consultation of indigenous peoples, such as a legislative amendment to remove and terminate the existence of the Great Council of Chiefs. The Committee invites the Government, when preparing its next report, to hold consultations with the social partners and indigenous organizations on the subjects referred to in the present direct request and to include information and documentation on the results achieved by the measures adopted to give effect to each of the provisions of the Convention. The Committee also invites the Government to include in its next report information in reply to the observations and concerns raised by the FICTU.

Article 2 of the Convention. Action to protect the rights of indigenous peoples. The Committee notes that the Fijian Affairs (Amendment) Decree 2010, No. 31 of 2010, amended all written laws and state documents by deleting the word “Fijian” wherever it appears and wherever it refers to indigenous Fijians, and replaced it with the term “iTaukei”. It notes that the term “iTaukei” has also been used to refer to the indigenous peoples in the Constitution adopted in September 2013. The Committee notes from the FICTU observations that this change was done against the general wish of the indigenous peoples. The Government indicates that the iTaukei Land Trust Board (TLTB), formerly known as the Native Land Trust Board (NLTB), has adopted a Strategic Corporate Plan (SCP) since 2009, which continues with the plan for 2013–15. Priority strategic measures are identified, including those that are to meet the growing expectations of the indigenous landowners’ communities throughout 14 Provinces under the iTaukei Administration System. The SCP is closely aligned to the Government’s vision, mission and goals in the People’s Charter for Change, Peace and Progress introduced in 2007. It is also linked to the Government’s annual budgetary measures, especially on capital and infrastructure developments. Furthermore, the Government indicates that programmes are in place but their effects, impact and implications need to be assessed and evaluated. Trust income for landowners has increased over the years and, in 2012, $51 million was collected and $49 million was distributed. The Government reports that a survey will need to be undertaken to assess the use and the impact of these funds in the communities in relation to the development status, education, welfare and the enhancement of living standards. The TLTB has therefore identified that there is a need for financial literacy programmes and awareness and education programmes for the iTaukei. The Government indicates that all the stakeholders need to coordinate and work collaboratively together to reach out to the targeted/marginalized groups in rural communities and villages. Keeping in mind the concerns raised by the FICTU, the Committee once again requests the Government to indicate in its next report how the adoption of a new Constitution in September 2013 will facilitate the development, with the participation of and in consultation with the indigenous peoples, of actions to protect the rights of these peoples and to guarantee respect for their integrity. It also invites the Government to provide information on the impact of the programmes adopted by the TLTB, including copies of its annual reports. Please indicate how the indigenous peoples have been associated in the development of these programmes.

Articles 6 and 7. Consultation and participation. The Government indicates that the TLTB has offices throughout the country to enable its officers to liaise with indigenous peoples regarding various issues they may have. These issues revolve around their lands being used by the Government and other stakeholders and lease monies from such stakeholders who continue to use their land. The SCP provides details on the priority areas that must be addressed and the deadlines that are to be met in those areas. Moreover, landowners are consulted through various means, including radio, television, special government programmes, TLTB Sunday programmes and the Ministry of iTaukei Affairs. The Government indicates that consultations take place through provincial, tikina and village councils under the iTaukei Affairs Act. The iTaukei Land Trust Act requires that landowners consent to leasing of iTaukei land and de-reservation of such and the TLTB carries out consultations with landowners via the means outlined above. The Committee recalls that the rights of indigenous peoples to be consulted and to participate in decision-making constitute the cornerstone of the Convention. Keeping in mind the concerns raised by the FICTU, the Committee invites the Government to provide updated information on how the participation of indigenous peoples is assured in the formulation, implementation and evaluation of plans and programmes for national or regional development which may affect them directly, such as the specific case of lands being used by the Government and other stakeholders and lease monies related to the use of the lands.

Articles 8 and 9. Customary law. The Government indicates that customary law is recognized in the sense that it is used by the courts as a mitigating factor only in the resolution of conflicts. It does not however have a direct effect on the outcome of any court decision per se. The other avenue where customary law is strictly followed or has precedence is in regard to the Veitarogi Vanua with respect to the Chiefly Titles of various places where confusion of family links may arise. The Government indicates that the Veitarogi Vanua is a process where the TLTB goes to villages where there may be conflict of title between family members. The Committee invites the Government to provide examples of court decisions where customary law was used as a mitigating factor. Please also include examples of the decisions taken by the TLTB to resolve land claims (Article 14).

Article 15. Natural resources. The Government indicates that more land is being made available for productive purposes. The TLTB is facilitating this through the work of the Committee for Better Utilization of Land (CBUL) with agricultural leases only. The TLTB emphasizes that productivity, sustainable land use management and compliance by tenants of the terms and conditions of their leases, including payments of land rents on time, are very important in sustaining a system for leasing iTaukei lands and other lands. The Government indicates that TLTB policy papers have been developed and policies agreed in different sectors, including mining, forestry, dairy, housing, tourism and foreign investment. The Government further indicates that the Mining Act and the Petroleum Act are two outdated pieces of legislation that need to be heavily and promptly reviewed to address present-day dilemmas. The TLTB has made submissions on this to the Government for its consideration. The Committee invites the Government to provide examples of how the TLTB safeguards the rights of indigenous peoples concerning the natural resources appertaining to Fiji. Please also provide in the next report a summary of the submissions made by the TLTB and specific examples of the manner in which indigenous peoples are consulted in the process to review the Mining Act, the Petroleum Act and other relevant regulations.

Article 22. Vocational training. The Government indicates that the high number of iTaukei young persons that graduate from the Centre for Appropriate Training and Development (CATD) has a direct impact on the livelihood and sustainable improvement of their village communities when they go out to find employment in the job market. It adds that this is clearly evident in households who solely rely on these young persons for providing for their families. The skills acquired by these young persons are then transferred to their younger siblings. The Committee invites the Government to include in its next report information on the impact on improving the standard of living of village communities of the activities performed by the specialized technical training programmes carried out by the CATD. Please also provide information regarding how the participation and cooperation of the communities concerned is ensured, as envisaged in Article 22(2) and (3) of the Convention.

Articles 26 and 27. Education. The Government indicates that since the inception of the iTaukei Affairs Scholarship Scheme in 1983 to the end of 2010, a total of 6,635 students have graduated, with 518 overseas and 6,117 local graduates. It further indicates that the implementation of the scholarship programme has encouraged the development of the iTaukei community and allowed the iTaukei students to compete with non-iTaukei students at the highest level of education. The management of the iTaukei scholarship will assist in the good governance and well-being of the iTaukei. The Committee invites the Government to provide in its next report information on the manner in which the indigenous peoples concerned have been involved in the formulation and implementation of education programmes. Please also include the data required by the report form on the numbers and kinds of schools, the number of teachers, the regions in which the schools operate, the number of pupils, etc.

[The Government is asked to reply in detail to the present comments in 2014.]