Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 169) relative aux peuples indigènes et tribaux, 1989 - Fidji (Ratification: 1998)

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.]