SEEP says indigenous rights Bill should await constitutional review

The Social Empowerment and Educational Programme (SEEP) is urging Government to delay the proposed Rights of Indigenous Peoples Bill, saying it should not become law until Fiji’s Constitution has been reviewed and approved through a national referendum.

Making a submission to Parliament’s Standing Committee on Justice, Law and Human Rights last Friday, SEEP research and policy officer Metuisela Gauna said the Bill raised constitutional issues that could not be resolved through ordinary legislation.

“The Bill creates serious problems with the Constitution that cannot be fixed by passing an ordinary law,” Mr Gauna said.

He said moving ahead with the Bill before the Constitution Review Commission (CRC) completed its work could create legal uncertainty because any law that conflicted with the Constitution would be invalid.

“It is essential for the people of Fiji and the Government to first establish the constitutional basis for indigenous rights,” he said.

Mr Gauna also raised concerns about the Bill’s treatment of Free, Prior and Informed Consent (FPIC), saying it failed to clearly explain how indigenous communities could approve or reject projects affecting their land and resources.

He said FPIC should become a legal requirement for all mining, forestry, quarrying and development projects.

“The Bill leaves critical questions unanswered. Do indigenous communities have the power to say no?” he said.

SEEP also argued that the Bill would have little effect unless more than 30 existing laws affecting iTaukei land and resources were reviewed.

“The Bill becomes meaningless when other laws can simply override it,” Mr Gauna told the committee.