AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES

The report examines the legal and institutional landscape of Fiji regarding Indigenous and Community Conserved Areas (ICCAs), highlighting a significant gap between customary stewardship and formal legal recognition. While 87.9% of land is i Taukei (indigenous) owned, marine and freshwater tenure is vested in the State, creating contradictions with traditional 'i qoliqoli' fishing rights. The document details the growth of Locally Managed Marine Areas (LMMAs) and the challenges posed by political instability, overlapping agency mandates, and the prioritization of extractive industries like mining over conservation. It argues for a comprehensive national protected area legislative framework to formally recognize ICCAs and protect them from encroachment.

• Fiji lacks a dedicated national legislative framework for protected areas, resulting in a fragmented system where ICCAs have no formal legal status despite their prevalence.
• A stark contradiction exists between customary law and national legislation regarding marine and freshwater tenure; while communities traditionally manage 'i qoliqoli' (fishing grounds), legal ownership of the foreshore and seabed is vested in the State.
• Indigenous land ownership is strongly recognized, with 87.9% of Fiji's total land area (approximately 15,000 square kilometres) owned by the i Taukei, managed primarily through the i Taukei Land Trust Board (TLTB).
• Locally Managed Marine Areas (LMMAs) have expanded rapidly, with 149 LMMAs covering approximately 60% (17,726 km2) of traditional fishing grounds by 2009, though they often rely on verbal or written community rules rather than national law.
• State laws regarding mining and petroleum grant the government broad powers to issue licenses and extract resources without the consent of indigenous landowners, even within protected areas.
• Implementation of environmental policies is hindered by political instability, overlapping agency functions, and a lack of coordination, which often leads to development projects bypassing Environmental Impact Assessments (EIAs).
• The 2006 military coup and subsequent governance by decree have created legal uncertainty for indigenous rights, including the 2012 de-establishment of the Great Council of Chiefs (GCC).
• Case law has evolved to allow mataqali (clans) to bring representative legal actions to protect their interests, overturning earlier rulings that denied them legal standing to sue the TLTB.

APA

Vukikomoala, K., Jupiter, S., Erasito, E., & Chand, K. (2012). AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES. Natural Justice. https://naturaljustice.org/wp-content/uploads/2015/09/Pacific-regional-Fiji.pdf

Chicago

Vukikomoala, Kiji, Stacy Jupiter, Elizabeth Erasito, and Kevin Chand. AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES. Natural Justice, 2012. https://naturaljustice.org/wp-content/uploads/2015/09/Pacific-regional-Fiji.pdf.

Wikipedia

{{cite report |last1=Vukikomoala |first1=Kiji |last2=Jupiter |first2=Stacy |last3=Erasito |first3=Elizabeth |last4=Chand |first4=Kevin |title=AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES |publisher=Natural Justice |date=September 2012 |url=https://naturaljustice.org/wp-content/uploads/2015/09/Pacific-regional-Fiji.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{vukikomoala2012analysis, author = {Vukikomoala, Kiji and Jupiter, Stacy and Erasito, Elizabeth and Chand, Kevin}, title = {{AN ANALYSIS OF INTERNATIONAL LAW, NATIONAL LEGISLATION, JUDGEMENTS, AND INSTITUTIONS AS THEY INTERRELATE WITH TERRITORIES AND AREAS CONSERVED BY INDIGENOUS PEOPLES AND LOCAL COMMUNITIES}}, institution = {Natural Justice}, year = {2012}, month = sep, url = {https://naturaljustice.org/wp-content/uploads/2015/09/Pacific-regional-Fiji.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }