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

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

Other comments on C169

Observation

Direct Request

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Article 1. Recognition of indigenous peoples. The Committee noted in its 2013 direct request the concerns expressed by the Fiji Islands Council of Trade Unions (FICTU) that the use of the term iTaukei to refer to the indigenous Fijians in national legislation was not supported by indigenous peoples. The Committee requests the Government to provide more clarification on the meaning and use of the term “iTaukei”. While cognizant of the fact that the Constitution of Fiji, in force since 2013, recognizes both the iTaukei and the Rotuman as indigenous peoples, the Committee invites the Government to indicate the groups of the national population which, in the Government’s view, fall within the scope of the Convention. Please further indicate if the norms, policies and programmes designed for the iTaukei also include the Rotuman and other groups covered by the Convention.

Articles 2, 4 and 5. Action to protect and develop the rights of indigenous peoples. Indigenous institutions. In reply to the observations made by the FICTU, the Government indicates that the Great Council of Chiefs was established as an advisory body of the Government on issues affecting indigenous Fijians; however, its activities were suspended because it became politicized over time. It further indicates that the functions of the Council, abrogated in 2012, were transferred to the iTaukei Affairs Board and the Minister of iTaukei Affairs, and that the linkages among iTaukei institutions, including the Minister of iTaukei Affairs, the iTaukei Affairs Board and the iTaukei Lands Commission, are to be strengthened. The Committee further notes that, according to the Government’s report, an informal forum known as the “Bose Ni Taruga” (BNT) composed of Chiefs from the 248 Vanua still exists. The Committee requests the Government to provide information on the policies and programmes adopted by the iTaukei Affairs Boards and the Minister of iTaukei Affairs with the participation of indigenous peoples (Article 2). Please specify if such policies and programmes also include the Rotuman and other peoples covered by the Convention. Please also indicate any special measures which have been implemented, on the basis of the 2013 Constitution, to safeguard the institutions, property, labour, cultures and environment of indigenous peoples (Articles 4 and 5).

Articles 8 and 9. Customary laws. The Government reiterates that the courts have been reluctant to recognize customary laws in the resolution of conflicts. It also indicates that alternative dispute resolution mechanisms continue being used in land-related disputes. The Committee refers to its direct request of 2013 and requests the Government to provide information on the efforts made to ensure the application of Articles 8 to 10 of the Convention. Please include examples of cases in which indigenous alternative dispute resolution mechanisms have been applied.

Articles 14 and 17. Land. The Committee notes that the Preamble of the 2013 Constitution recognizes the iTaukei’s ownership of iTaukei lands and the Rotuman’s ownership of Rotuman lands. It also notes that section 28 of the Constitution establishes that those lands shall not be permanently alienated, whether by sale, grant, transfer or exchange, except to the State. The Government indicates in its report that the Constitution ensures that iTaukei lands can no longer be converted and sold as freehold lands. The Committee requests the Government to provide further information on the lands owned by the Rotuman, including their location, registration and administration. It also invites the Government to indicate how indigenous peoples are consulted when consideration is given to their capacity to alienate their lands to the State.

Article 22. Vocational training. The Government indicates that the Centre for Appropriate Training and Development (CATD) is assisting in the implementation of vocational training programmes targeting rural workers. Such programmes focus on the development of technical and entrepreneurial skills, including resource management and business planning, in order to facilitate community development. The Committee refers to its 2014 comments on the Employment Policy Convention, 1964 (No. 122), and invites the Government to include in its next report on Convention No. 169 information on the steps taken to enable indigenous peoples to participate in the organization and operation of vocational training programmes affecting them, taking into consideration their cultural conditions and practical needs, and to assume responsibility for such programmes, if they so decide.

Articles 26 and 27. Education. The Government refers to the iTaukei Affairs Scholarship Scheme aimed at redressing the educational gap between the iTaukei and Rotumans and other ethnic groups in the country and indicates that, since January 2014, this scholarship scheme has moved to the Tertiary Scholarship and Loans Board. It adds that the educational needs of the iTaukei are identified through the provincial councils. The Committee requests the Government to provide detailed information on the education programmes for the iTaukei and other groups covered by the Convention. Please indicate how such programmes are developed and implemented with the involvement of the peoples concerned.

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