Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the Government’s report which contains information in reply to the issues raised in its 2013 direct request. It also notes the communication of 1 September 2014 of the International Organisation of Employers (IOE) and the observations of the Fijian Teachers Association (FTA) received in October 2014. The Committee requests the Government to provide its comments with respect to the observations formulated by the IOE and the FTA and to consult with the social partners and the organizations of indigenous peoples when preparing the next report. In view of the reforms to the norms and institutions relating to indigenous peoples that have been introduced since 2007, the Committee requests the Government to provide information on the laws and regulations currently in force, giving effect to the provisions of the Convention.

Article 6 of the Convention. Consultation. In its previous comments, the Committee noted the concerns raised by the Fiji Islands Council of Trade Unions (FICTU) concerning the adoption of policies and laws affecting indigenous peoples without proper consultation of the peoples concerned. The Government indicates in its report that the iTaukei Land Trust Board (TLTB) made submissions on behalf of the landowners to the Constitutional Review Committee and to the Government in relation to issues affecting indigenous peoples. The Committee asks the Government to provide more precise information on the manner in which all indigenous peoples are consulted, through their representative institutions, when consideration is being given to legislative or administrative measures which may affect them directly.

Article 7. Participation. Development. The Government indicates that the TLTB established the Landowners Affairs Unit (LAU) in 2008 which is responsible for enabling participation of landowners in business and national economic development and providing advice on iTaukei land-related issues. The LAU also offers entrepreneurship training, financial literacy training and educational programmes on social and economic issues. The Committee asks the Government to provide examples of instances in which all indigenous peoples have participated in the formulation, implementation and evaluation of national and regional development plans and programmes that may affect them directly.

Article 15. Natural resources. The Committee notes that, according to section 30 of the 2013 Constitution, landowners are entitled to receive a fair share of the royalties resulting from the extraction of subsurface resources pertaining to their lands. It further notes that the Preamble of the Constitution recognizes both the iTaukei and the Rotuman as indigenous peoples and recognizes their ownership of iTaukei and Rotuman lands. The Government indicates that the TLTB is responsible for the management of iTaukei lands and funds. It adds that consultations with the landowners are carried out through the TLTB. The Committee asks the Government to provide examples of the actions taken by the TLTB to ensure that the rights of all indigenous peoples to the natural resources pertaining to their lands are safeguarded. Please also indicate the procedures that are in place to ensure the participation of all indigenous communities in the benefits arising from the exploitation of subsurface resources pertaining to their lands. Please specify if such actions and procedures include the Rotuman people and all other groups covered by the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2016.]