The Namosi Landowners Committee, Lomani Au Maroroi Au (LAMA), is calling on the Ministry of Lands and Mineral Resources and the Fiji Law Reform Commission for greater transparency and stronger protection for customary landowners in the review of the Mining Act.
In a statement, the Committee welcomed the Ministry's recent announcement on the progress of the review of the Mining Act 1965 and the Quarries Act 1939, saying it presents a once-in-a-generation opportunity to modernise Fiji's mining laws and ensure they reflect the rights, aspirations and welfare of customary landowners and future generations.
The Committee says it acknowledges the Ministry's commitment to reviewing outdated legislation and appreciates the nationwide public consultations undertaken in collaboration with the Fiji Law Reform Commission.
However, it says the Ministry's recent media release provides little information on how the views of customary landowners have been incorporated into the proposed reforms.
The Committee says as the primary custodians of Fiji's customary land, iTaukei landowners deserve to know whether the concerns they raised during consultations will translate into meaningful legislative change.
It is calling on the Ministry of Lands and Mineral Resources and the Fiji Law Reform Commission to publicly release a summary of the nationwide consultation findings, the recommendations received from communities and stakeholders, an explanation of which recommendations have been accepted or rejected, and a timeline for the release of the draft Mining Bill for further public scrutiny.
The Committee says transparency is essential to maintaining public confidence in the review process, noting that the current Mining Act was enacted more than 60 years ago.
It also says Fiji has since become a signatory to numerous international environmental and human rights commitments, while public expectations around environmental stewardship, accountability and community participation have evolved significantly.
The Committee believes the revised legislation should strengthen the rights of customary landowners by recognising Free, Prior and Informed Consent before any exploration or mining activity on customary land, ensuring meaningful participation by landowners throughout all stages of mining projects, and strengthening environmental safeguards to protect rivers, forests, biodiversity, water sources and community livelihoods.
It also says the legislation should provide for fair and transparent benefit-sharing arrangements to ensure affected communities receive equitable economic returns from resource development, protect sacred sites, cultural heritage and traditional land-use practices, improve transparency in the granting, renewal and monitoring of exploration licences and mining leases, and establish independent monitoring, compliance and accessible grievance mechanisms for affected communities.
The Committee says economic development and environmental protection should not be viewed as competing objectives.
It says sustainable development can only be achieved when customary landowners are recognised as genuine partners in decisions affecting their ancestral lands.
The Committee also notes that the Ministry's media release refers broadly to engagement with stakeholders from the mining and quarry sectors.
It says that, given customary landowners bear the greatest social, cultural and environmental impacts of mining activities, they should continue to have a direct and meaningful role as the legislative review progresses.
The Committee says it remains committed to working constructively with the Government, the Fiji Law Reform Commission, civil society organisations and other stakeholders to develop modern mining legislation that promotes responsible investment while safeguarding the rights of customary landowners, protecting Fiji's natural environment and preserving the interests of future generations.
It says the review of the Mining Act is more than a legislative exercise; it is an opportunity to establish a new social compact between the State, investors and the customary owners of the land.
The Committee adds that this opportunity should not be missed.
