Fiji’s constitutional protections for indigenous land are nothing more than an illusion, masking systemic human rights violations and colonial-era greed.
That is the submission to the Constitution Review Commission yesterday from the Fiji Human Rights and Anti-Discrimination Commission (FHRADC), which has fiercely condemned the 2013 Constitution for stripping away vital safeguards and leaving traditional landowners exposed.
FHRADC representative Alefina Vuki pointed out to the review panel that while Section 28 claims to prohibit the alienation of indigenous land, Section 27 completely dismantles that promise.
“Land rights and the protection of it may be an illusion,” Ms Vuki said.
She said Section 27 gives the State broad powers for the compulsory acquisition of land for national development, creating a fundamental tension with indigenous ownership.
“While section 28 on its face appears to provide strong protection, section 27 weakens it by allowing land to be taken by the state, giving rise to a fundamental tension between indigenous ownership rights and the state’s authority to override it.” Ms Vuki said that under the previous 1997 Constitution, laws protecting indigenous affairs could not be altered without strict consensus mechanisms.
However, the 2013 framework stripped away these safeguards, meaning a simple parliamentary majority can now amend or repeal crucial legislation, like the iTaukei Lands Act 1905, without any community consultation.
Ms Vuki said this directly violated Fiji’s international obligations under the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169, which mandate Free, Prior, and Informed Consent (FPIC).
“The removal of these entrenched safeguards has important practical consequences,” she said.
“Laws affecting indigenous land and affairs… can now be amended or repealed by a simple majority in parliament. This can occur without meaningful consultation with indigenous communities.”
The commission has strongly recommended re-inserting the 1997 Constitution’s entrenched safeguard clauses, adapted to the current single-house parliament.
