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

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

1. Article 2 of the Convention. The Committee notes from the Government’s report that the Government has approved a 20-year (2001-20) development plan for the enhancement of the participation of indigenous Fijians and Rotumans in the socio-economic development of Fiji. The Government states that the plan is an attempt to address ethnic disparity by creating an enabling environment for indigenous Fijians in the socio-economic development of the nation. The Committee requests the Government to provide information on the implementation of the 20-year development plan as it relates to the application of the various Articles of the Convention.

2. Articles 6 and 7. Consultation and participation. The Committees notes that the Fijian Affairs Act Cap. 122 provides for the establishment of a Great Council of Chiefs which is mandated to submit to the Governor-General recommendations and proposals that it may deem to be for the benefit of the Fijian people. The Act also provides for the establishment of the Fijian Affairs Board, which is an advisory body to the Minister of Fijian Affairs. The Committee also notes that a provincial council is established for each tikina (district) which may pass by-laws with respect to a number of matters, including roads, health, child welfare, village planning, water supply, education, promotion of agriculture, fisheries, forestry and stock rearing. Please provide information on the activities of these bodies relevant to the application of the Convention.

3. Articles 8 and 9. Customary law. The Committee notes that the Government has not yet replied to its previous comments regarding these provisions of the Convention. The Committee, therefore, requests the Government to indicate in its next report any legal provisions or court decisions regulating the acceptance of customary law, and to provide a description of the areas in which there is an interaction between customary law and written law in Fiji.

4. Article 22. Vocational training. The Committee notes that the Government established the Centre for Appropriate Training and Development (CATD) under the Ministry of Fijian Affairs with the objective of improving the living standards of the village communities through the development of technical skills and services and the promotion of leadership qualities. The Committee requests the Government to provide further information on the activities carried out by the CATD and on the progress made in improving the standard of living of village communities. Please also provide information regarding how the participation and cooperation of the communities concerned is ensured, as envisaged in Article 22, paragraphs 2 and 3, of the Convention.

5. Articles 26 and 27. Education. The Committee notes the objectives, policies, strategies and performance indicators set out in the 20-year development plan with a view to improving the situation of indigenous Fijians in respect of education. The Committee looks forward to continuing to receive information on the progress made in improving access of both male and female indigenous Fijians to education at all levels.