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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the Government’s report which indicates that, according to the 2007 census, the total population of Fiji is 827,900, out of which 473,983 are indigenous peoples. The Committee notes that the number of indigenous peoples has grown both in the rural and urban areas, although increase of this population group was more pronounced in the urban areas. The Committee also notes that the Fiji Island Bureau of Statistics projects that the proportion of indigenous Fijians of the population will continue to increase.
The Committee is aware that a process has been launched for the adoption of a Peoples’ Charter for Change, Peace and Progress, which aims at reforms in a broad range of areas, including the issue of making more land available for productive and social purposes and the reform of the local and provincial structure, as well as reviews of the government structures, including the Ministry of Indigenous Affairs. The Committee requests the Government to provide information on this process, including information on the consultation and participation of indigenous peoples, and its outcome and effects for the application of the various Articles of the Convention in Fiji (particularly those contained in Part II (lands).
The Committee notes that the information provided in the Government’s report in reply to the Committee’s previous comments is very general in nature. It therefore requests the Government to provide detailed information on the application of various Articles of the Convention, in law and in practice.
[The Government is asked to report in detail in 2010.]
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.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
1. Articles 13–19 of the Convention. Land rights. In its previous observation, the Committee noted two communications from the Fiji Commercial Services Union (FCSU) under article 23 of the ILO Constitution. The FCSU comments related to the system of management of land owned by the indigenous Fijians under the Native Land Act stating, inter alia, that there were no grievance procedures for resolving the growing number of land claims or disputes on the use to which the Native Lands Trust Board puts native lands, except through the Native Lands Commission, which is said to have too great a vested interest to be able to adjudicate objectively.
2. In its previous observation, the Committee took note of the complex political, legal and social situation underlying the communication submitted by the FCSU and requested the Government to comment on the degree to which it considers it can apply the Convention to the management of issues between elements of the indigenous population of the country, and to state whether it considers that the present system for resolving disputes over land rights is adequate for the needs of the population. While the Government failed to address these issues directly in its report, it reiterates that the indigenous landowners who are registered under the provisions of the Native Land Act make up the group of the national population that falls within the provisions of the Convention. It also states that the Native Lands Commission is charged with the duty of ascertaining the rightful and hereditary properties of the native owners; and that disputes regarding land boundaries or the chiefly title of each mataquli (clan) or tikina (district) or province, if not settled otherwise, are to be referred to the Commission. The Committee recalls the Government’s obligation to ensure that the land rights of the indigenous population of the country are recognized and effectively protected, to ensure full enjoyment of these rights to the benefit of the communities concerned. It requests the Government to provide more detailed information on the activities of the Native Lands Commission, including any reports issued by the Commission. The Committee also asks the Government to indicate the procedures that are available to address grievances of indigenous landowners that relate to the management of their land, rather than to issues concerning title or boundaries.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee is also addressing a request directly to the Government on other points.
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.
1. Articles 13-19 of the Convention. Land rights. In its previous observation, the Committee noted two communications from the Fiji Commercial Services Union (FCSU) under article 23 of the ILO Constitution. The FCSU comments related to the system of management of land owned by the indigenous Fijians under the Native Land Act stating, inter alia, that there were no grievance procedures for resolving the growing number of land claims or disputes on the use to which the Native Lands Trust Board puts native lands, except through the Native Lands Commission, which is said to have too great a vested interest to be able to adjudicate objectively.
1. The Committee notes the brief further indications provided by the Government in its report in reply to the previous request for additional information.
2. Articles 13-19 of the Convention. Land rights. The Committee has received two long communications from the Fiji Commercial Services Union (FCSU) under article 23 of the ILO Constitution which were transmitted to the Government in January and September 2004 respectively. The FCSU indicated that the first of them was supported by the Fiji Mineworkers’ Union and the Fiji Peacekeepers’ Association. The Government has provided no comments on these communications.
3. The FCSU has provided detailed information on the land rights of indigenous Fijians, which have complex historical roots. The FCSU’s description of the legal situation coincides with the information furnished by the Government, though there may be disagreement on the conclusions to be drawn. It may be summarized by saying that all "native lands" are held in common and not through individual ownership, and are held in trusteeship. The right to manage these lands has been entrusted since 1940 to the Native Lands Trust Board (NLTB), with any disputes to be resolved by the Native Lands Commission. The native lands are said to be comprised of many small parcels, but - as the Government also has indicated - 83 per cent of the land in the country is made up of these native lands that are managed together and form the majority of the land in the country.
4. In this regard, the Committee recalls the statement in the Government’s first report 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", and that the "recent political crisis is the result of nationalistic elements of the indigenous population to assert their control over the country".
5. According to the FCSU, the lands are leased to others, mostly to the ethnic Indians in the country, and 20 per cent of the revenues go to the Native Lands Trust Board and 30 per cent are channelled to the chiefs of tribes, who together form the Great Council of Chiefs. Only 50 per cent are distributed to the grassroots members, resulting in uneven income distribution, especially as the rents charged for these lands are said to be extremely low compared with the real value of the land. Increasing urbanization in recent years has led to the estrangement of many "native" Fijians from their rural roots, and the civil unrest of 2000 is attributed to dissatisfaction with the chiefs’ continued domination of land rights and revenues. The accompanying ethnic tensions are ascribed in part to the perceived benefit the Indian population of the country has derived from leasing the native lands at unfairly low prices.
6. In this regard, the Committee notes the statement in the Government’s report in reply to its previous request for information that "the formation of the NLTB meant that through the influence and persuasive power of traditional authority, the indigenous Fijians agreed to give up direct control of their land … The NLTB would ensure that the indigenous Fijians had enough land for themselves and that the surplus was available to benefit the national economy".
7. The FCSU states that there is no grievance procedure for resolving the growing number of land claims or disputes on the use to which the NLTB puts native lands, except through the Native Lands Commission, which is said to have too great a vested interest to be able to adjudicate objectively. The FCSU therefore relies on Article 14, paragraph 3, of the Convention, which states that "Adequate procedures shall be established within the national legal system to resolve land claims by the peoples concerned."
8. The Committee takes note of the complex political, legal and social situation that underlies these communications. In the absence of comments from the Government directly on the FCSU communications, a number of questions remain about the situation, and the Convention’s applicability to it. The Committee therefore requests the Government to comment on the degree to which it considers it can apply the Convention to management of issues between elements of the indigenous population of the country, and to state whether it considers that the present system for resolving disputes over land rights is adequate to the needs of the population.
[The Government is requested to reply to these comments in detail in 2006.]
1. The Committee notes the Government’s first report which contains very brief information on most of the Articles of the Convention. The legislation mentioned in the report was not forwarded, and the Committee hopes it will be forwarded in the next report together with the other information requested below.
2. The Committee also notes that some preliminary consultations have been held with the Office in this respect, and hopes that these will continue in the future.
3. In addition, the Committee notes that comments on the Convention’s application were received in November 2003 from the Fiji Commercial Cleaning Services Union, which have been sent to the Government for any observations it may wish to make.
4. As a general comment, the Committee notes the statement in the report 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", and that the "recent political crisis is the result of nationalistic elements of the indigenous population to assert their control over the country". The Committee recalls that the overall purpose of the Convention is to put indigenous and tribal peoples on an equal footing with other members of the national community. It hopes the Government will provide information on its efforts to accomplish this end.
5. Article 1 of the Convention. The Committee notes that the Convention applies to about 400,000 indigenous peoples in the country.
6. Article 2. The Committee notes that on several occasions in the report, the Government indicates that the application of various provisions is assured by the Ministry of Fijian Affairs and the Native Land Trust Board. Please provide information in the next report on the structure and activities of these bodies relevant to the application of the Convention, including any reports they may have published on their activities in, for instance, the last two years.
7. Articles 6 and 7. The Committee notes that the Ministry of Fijian Affairs and the Native Land Trust Board facilitate the consultation process through established procedures, and execute the Government’s policies relative to the development process as concerns the indigenous peoples. Please indicate in what manner they do so.
8. Articles 8 and 9. The Government indicates that the customary law of the indigenous people, to a certain extent, facilitates the observance of fundamental rights, but that in penal matters the courts have lately been reluctant to recognize customary law in the resolution of conflicts. Please indicate any legal provisions or court decisions regulating the acceptance of customary law, and provide a description of the areas in which there is an interaction between customary law and written law in Fiji.
9. Articles 13 to 19. The Committee notes the very brief indications furnished in the report as to indigenous land rights, including that these peoples own about 83 per cent of the land. It notes that land is collectively owned and ownership is registered under the Native Lands Trust Act, and that land claims and exploitation of mineral or subsurface resources are dealt with through the Native Land Trust Board. The Committee requests the Government to provide additional information on the land-holding situation in its report, including on the question of whether land rights have played a role in the inter-ethnic tensions in the country in recent years.
10. Article 22. The Committee notes the statement in the report that the Government provides special vocational training programmes for the indigenous people and that these programmes are based on their economic environment, social and cultural conditions and practical needs. Please describe how these programmes are designed and executed, in consultation with the indigenous peoples, and of what they consist.
11. Articles 26 and 27. The Committee notes that special funds have been set aside for scholarships for higher education of the indigenous peoples, and that there is a unit in the Ministry of Education whose sole responsibility is to develop the education of indigenous people. The Committee looks forward to receiving more detailed information in this regard in the next report.
[The Government is asked to report in detail in 2004.]