The Constitution of Fiji includes specific provisions recognising the indigenous people and their ownership of customary land and relating to protection of the environment. Specifically, the preamble states that:
“We, the people of Fiji, [r]recognise the indigenous people or the iTaukei, their ownership of iTaukei lands, their unique culture, customs, traditions and language; recognising the indigenous people or the Rotuman from the island of Rotuma, their ownership of Rotuman lands, their unique culture,customs, traditions and language”
The preamble also provides that the people of Fiji “[d]eclare our commitment to justice, national sovereignty and security, social and economic wellbeing, and safeguarding the environment”. In addition, Article 1(h) states that one of the values of the Republic of Fiji is “a prudent, efficient and sustainable relationship with nature”.
Finally, the Constitution includes a bill of rights, which includes rights of ownership and protection of iTaukei, Rotuman and Banaban lands (Article 28), a right to the protection of ownership and interests in land (Article 29) and environmental rights (Article 40). Article 40(1) provides that “[e]every person has the right to a clean and healthy environment, which includes the right to have the natural world protected for the benefit of present and future generations through legislative and other measures”.
