Nawaikula claims iTaukei rights deliberately removed in 2013 constitution

Former SODELPA parliamentarian and lawyer Niko Nawaikula claims the 2013 Constitution did not just overlook iTaukei rights, but deliberately removed them.

Speaking during a constitutional reform discussion held at the Fiji National University’s Nasinu Campus recently, Mr Nawaikula said key protections that once safeguarded indigenous identity, land and culture were intentionally taken out.

He told the audience that earlier constitutions, particularly those in 1970 and 1997, clearly recognised and protected iTaukei group rights, but those same protections are missing today.

“These provisions were deliberately left out,” Mr Nawaikula said.

Mr Nawaikula pointed to several areas where protections once existed, including laws requiring consultation before changes to iTaukei land, recognition of customary laws and the role of traditional institutions such as the Great Council of Chiefs.

Under the 1997 Constitution, he said, there were clear rules protecting land ownership and cultural authority, ensuring any changes had to be approved by indigenous leaders.

Those safeguards, he said, are not in the current Constitution.

He also raised concerns about the removal of provisions supporting social justice and affirmative action, which he said had helped address inequality within communities.

For Mr Nawaikula, the issue goes beyond law.

“When you remove these protections, you are removing part of who we are,” he said.

He argued that Fiji’s history has long been rooted in recognising and protecting indigenous rights, including during colonial times, and said ignoring that history weakens the country’s foundation.

While criticising the 2013 Constitution, Mr Nawaikula also called for balance, saying indigenous rights should not come at the expense of others.

“We must recognise indigenous rights fully, but at the same time respect the rights of all other communities,” he said.

He urged leaders and the Constitutional Review Commission to restore what he believes was lost in a way that unites all communities.

“Don’t remove these rights,” he said.

“Balance them, that is the real challenge for Fiji moving forward.”