FCOSS urges review of CUMA Bill mineral rights clause

The Fiji Council of Social Services (FCOSS) has raised a significant concern regarding the proposed Customary Marine Areas Bill, warning that it may grant ownership rights without genuine control to customary owners over their marine territories. Appearing before a parliamentary committee, FCOSS Program Manager Josaia Tokoni pointed out a critical legal inconsistency within the bill.

Tokoni explained that while the bill intends to transfer ownership of the seabed and subsoil to customary owners, the existing Mining Act continues to grant the State ownership of all minerals. This creates a situation where communities could legally own their marine areas but remain powerless to prevent mining companies from extracting resources beneath their waters.

"A community could hold a vesting order over their marine areas and still be powerless to stop a mining company extracting minerals from right beneath their feet," Tokoni stated, emphasizing the potential for exploitation. FCOSS is urging Parliament to rectify this contradiction before the bill becomes law.

The council is advocating for an amendment that would mandate the requirement of free, prior, and informed consent from customary owners before any mining license or seabed extraction activity is approved within vested marine areas. FCOSS believes that ownership rights must be accompanied by decision-making authority for the legislation to effectively achieve its intended purpose of empowering local communities.

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A community could hold a vesting order over their marine areas and still be powerless to stop a mining company extracting minerals from right beneath their feet.