Indigenous Rights Bill faces pushback

Fiji's Great Council of Chiefs (GCC) has raised concerns that the proposed Rights of Indigenous Peoples Bill does not sufficiently protect the principle of free, prior, and informed consent. The council warns this could jeopardize the safeguarding of indigenous land rights.

“

free, prior and informed consent must sit at the centre of all decisions on land, resources and development projects.

Speaking before a parliamentary committee, GCC Representative Uluaisi Bai emphasized that free, prior, and informed consent must be the cornerstone of all decisions concerning land, natural resources, and development projects. Bai noted that the current legal framework fails to clearly enforce these consent requirements, which poses a significant issue for decisions related to customary land.

“

the current legal framework does not clearly enforce consent requirements.

Bai recalled Fiji's initial hesitation to support the UN Declaration on the Rights of Indigenous Peoples in 2007, as Pacific nations already considered themselves indigenous states. While acknowledging Fiji's 2023 ratification of the declaration as a positive step, Bai stressed that its implementation must extend beyond mere paper adoption.

“

implementation must go beyond adopting principles on paper.

He highlighted a critical distinction between consultation and genuine consent, stating that these processes are often conflated but are fundamentally different. Bai pointed out that procedures under the iTaukei Land Trust Board frequently rely solely on consultation. He reiterated the necessity of securing true consent before any major decisions affecting customary land are finalized.

“

there is a clear gap between consultation and genuine consent. He said the two are often treated as the same, but they are not.