Indigenous landowners should have a greater say over mining and development projects on their land, with the Fiji Human Rights and Anti-Discrimination Commission calling for stronger constitutional protection of indigenous rights.
The Commission made the call in its submission to the Constitution Review Commission, saying the current legal framework does not adequately protect indigenous identity, traditional governance, land and natural resources.
It says Fiji should strengthen constitutional safeguards to better reflect international human rights standards.
Commissioner Alefina Vuki says the Commission wants the Constitution to explicitly recognise the principle of free, prior and informed consent, ensuring indigenous communities have a meaningful say before any activities affecting their land, natural resources and cultural heritage are approved.
The Commission says while the Constitution protects indigenous ownership of iTaukei, Rotuman and Banaban land, other provisions allow the State to compulsorily acquire land for public purposes or national development, creating what it describes as a tension between indigenous ownership rights and the State's powers.
It says the Constitution should be amended to better protect customary landowners and require proper consultation before decisions are made.
Insert: Vuki on iTaukei Land 1st July 26 PT
It also raised concerns over the ownership of minerals beneath customary land, saying the current system disadvantages indigenous landowners.
The Commission says while landowners receive 80 percent of mining royalties under the Mineral Royalties Act, the overall royalty paid is only a small percentage of the value of the minerals extracted, meaning communities receive only a limited share of the financial benefits.
The Commission says the Mining Act does not require landowners' consent before exploration licences or mining leases are granted, with communities often only being informed when access to their land is required.
It says this is inconsistent with international standards that recognise indigenous peoples' right to free, prior and informed consent.
The submission also highlights concerns about environmental damage caused by some mining projects and says indigenous communities are often excluded from negotiations and decisions that directly affect their land and livelihoods.
It recommends either recognising customary ownership of minerals or, if ownership remains with the State, guaranteeing indigenous communities meaningful participation, environmental safeguards, fair benefit sharing and access to compensation for any damage caused.
Beyond indigenous rights, the Commission also raised broader concerns about the 2013 Constitution, saying broad limitation clauses allow fundamental rights to be restricted too easily.
It recommends amending those provisions to ensure any restrictions are reasonable, proportionate and consistent with international human rights standards.
The Commission also called for stronger protections against arbitrary arrest and detention, greater parliamentary oversight when declaring a State of Emergency, and changes to the Public Order Act, saying several of its provisions give authorities excessive powers that could undermine fundamental rights and freedoms.
