A formal appeal to revise Fiji’s constitution has been lodged by the country’s human rights watchdog, pressing for explicit language that would give indigenous landowners an effective veto over mining and development projects on customary land. The Fiji Human Rights and Anti-Discrimination Commission made its case to the Constitution Review Commission, arguing that current legal safeguards fall short of protecting indigenous identity, traditional governance structures, and control over land and natural resources.
The Commission contends that Fiji should update its constitutional protections to align more closely with international human rights standards.
Push for Explicit Consent in Law
Commissioner Alefina Vuki stated that the body wants the Constitution to formally recognize the principle of free, prior and informed consent. Such a change would require that indigenous communities have a meaningful opportunity to weigh in before any activity affecting their land, natural resources, or cultural heritage receives approval. The Commission noted a fundamental tension in the existing framework: while the Constitution safeguards indigenous ownership of iTaukei, Rotuman, and Banaban land, separate provisions grant the state authority to compulsorily acquire land for public purposes or national development.
This friction between communal ownership rights and state power is at the heart of the submission, which calls for constitutional amendments that would better protect customary landowners and mandate proper consultation before decisions are made. The Commission also raised concerns about mineral rights beneath customary land.
Under the current Mineral Royalties Act, landowners receive 80 percent of mining royalties. However, the Commission pointed out that the overall royalty paid amounts to only a small fraction of the total value of the minerals extracted. As a result, communities receive only a limited financial benefit from resource extraction on their ancestral territory.
The submission did not specify the exact percentage of mineral value that the current royalty represents, nor did it propose a specific alternative rate.
Historical Friction Over Land and Development
The call gains weight against the backdrop of Fiji’s evolving constitutional history. The nation gained independence in 1970 with a constitution that preserved the political dominance of indigenous Fijians while protecting the rights of other communities.
That original framework was replaced after a series of coups. A constitution enacted in 1990 enshrined indigenous supremacy, only to be rewritten in 1997 as a compromise intended to foster multi-ethnic governance. The current constitution, adopted in 2013, came after another coup and years of military-led rule.
It abolished race-based parliamentary seats and the Great Council of Chiefs, replacing them with a system based on common citizenship and equal voting rights. Under the 2013 constitution, all land customarily owned by iTaukei, Rotuman, and Banaban communities remains inalienable, except when acquired by the state for public purposes.
The state also holds broad powers to grant mining and development rights on that land. This arrangement has long generated friction. Indigenous groups argue that their ownership is largely nominal when the government can override it in the name of national development.
The constitution explicitly requires the government to consult landowners, but the principle of free, prior and informed consent is not spelled out in the text.
Implications for Investment and Self-Determination
The Fijian Constitution functions as the supreme law, defining the rights of citizens and the relationship between the state, indigenous communities, and other ethnic groups. The timing of the Commission’s submission matters because a constitution review commission is actively hearing proposals on how to amend the document.
Embedding free, prior and informed consent would reflect a broader push to align Fiji’s domestic law with international standards. If adopted, the change would grant indigenous landowners a decisive say over mining and development projects that extract resources from their customary land. That would shift the balance of power away from the state and toward traditional communities, with lasting implications for investment, resource revenue, and indigenous self-determination.
The Constitution Review Commission will weigh the submission as part of its broader review process.
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