Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 2 of the Convention. Actions to protect and develop the rights of indigenous peoples. Following the 2008 and 2010 direct requests, the Government reiterates in a report received in May 2011 that “in spite of their numbers and the fact that they own 83 per cent of the land, indigenous people still feel alienated in the country of their birth”. In addition, the Government indicates that it is currently making “huge strides in heavily investing in rural capital projects to build the necessary infrastructure (roads, energy and rural electrification, water, sanitation, land utilization, SMEs, rural banking, landline and mobile phone services, etc.) to boost economic activities in villages and rural communities”. It mentions that the Native Land Trust Board (NLTB) adopted a Strategic Corporate Plan for 2011–14. New regulations were also adopted in 2010 to ensure the distribution of all monies received by the NLTB to the native landowners. The Committee recalls that Fiji has not had a Parliament since 2006. The Government restates its commitment to adopt a progressive and democratic Constitution by 2013 “and to hold, for the first time, a non-race based election in 2014, after which a Parliament will be constituted”. The Committee requests the Government to indicate in its next report how the adoption of a new constitutional framework will facilitate the development, with the participation of and in consultation with, the indigenous peoples, of actions to protect the right of these peoples and to guarantee respect for their integrity. It invites the Government to provide information on the outcome and effects of the new strategies adopted by the NLTB, including copies of its annual reports.

Articles 6 and 7. Consultation and participation. Please include in the report due in 2013 updated information on the operation of the procedures established to consult with indigenous peoples and to ensure their participation in decision-making on the matters covered by the Convention.

Articles 8 and 9. Customary law. The Government indicates that alternative dispute resolution mechanisms are being explored and used successfully in a number of land and title disputes. It further states that courts in the country have refused to recognize customary law in the resolution of conflicts. The Committee invites the Government to indicate in its next report areas covered by the Convention in which there is an interaction between customary law and written law in the country and how the judiciary has dealt with cases of such a nature, by providing copies of court decisions. Please also include examples of the decisions taken by the Native Land Trust Board to resolve land claims (Article 14). The Committee also invites the Government to specify what alternative dispute resolution mechanisms are in place and how they work.

Article 15. Natural resources. The Government indicates that the State retains the ownership of minerals or subsurface resources found in the land of indigenous peoples. Consultation is effected through the NLTB whose primary function is to safeguard the landowners’ interest. The Committee invites the Government to provide examples of how the NLTB safeguarded the indigenous peoples’ rights concerning the natural resources appertaining to Fiji, as provided by the Mining Act, the Petroleum Act and other relevant regulations.

Article 22. Vocational training. The Government refers again to the Centre for Appropriate Training and Development (CATD), which was established with the assistance of the German Heinsidel Foundation, with the objective of improving the living standards of village communities through the development of technical skills and services and the promotion of leadership qualities. The Committee invites the Government to include information on the impact on improving the standard of living of village communities of the activities performed by the nine 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, paragraphs 2 and 3, of the Convention.

Articles 26 and 27. Education. The Government refers to the functions of the Fijian Affairs Scholarship Scheme and of a special unit in the Ministry of Education that looks for the development of subjects relevant to the daily lives of the indigenous population. The Committee invites the Government to provide in its next report information on the impact of the activities undertaken on the formulation and implementation of education programmes in cooperation with indigenous peoples. Please 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.