An Analysis Of International Law, National Legislation, Judgements, And Institutions As They Interrelate With Territories And Areas Conserved By Indigenous Peoples And Local Communities – Report No. 19 – Fiji

Introduction

Across the world, areas with high or important biodiversity are often located within Indigenous peoples’ and local communities’ conserved territories and areas (ICCAs).

Traditional and contemporary systems of stewardship embedded within cultural practices enable the conservation, restoration and connectivity of ecosystems, habitats, and specific species in accordance with indigenous and local worldviews.

In spite of the benefits ICCAs have for maintaining the integrity of ecosystems, cultures and human wellbeing, they are under increasing threat.

These threats are compounded because very few states adequately and appropriately value, support or recognise ICCAs and the crucial contribution of Indigenous peoples and local communities to their stewardship, governance and maintenance.

In this context, the ICCA Consortium conducted two studies from 2011-2012. The first (the Legal Review) analyses the interaction between ICCAs and international and national laws, judgements, and institutional frameworks.

The second (the Recognition Study) considers various legal, administrative, social, and other ways of recognizing and supporting ICCAs.

Both also explored the ways in which Indigenous peoples and local communities are working within international and national legal frameworks to secure their rights and maintain the resilience of their ICCAs.

The box below sets out the full body of work.

1. Legal Review
   ? An analysis of international law and jurisprudence relevant to ICCAs ? Regional overviews and 15 country level reports:
   o Africa: Kenya, Namibia and Senegal
   o Americas: Bolivia, Canada, Chile, Panama, and Suriname
   o Asia: India, Iran, Malaysia, the Philippines, and Taiwan
   o Pacific: Australia and Fiji
2. Recognition Study
   ? An analysis of the legal and non-legal forms of recognizing and supporting ICCAs
   ? 19 country level reports:
   o Africa: Kenya, Namibia and Senegal
   o Americas: Bolivia, Canada, Chile, Costa Rica, Panama, and Suriname o Asia: India, Iran, the Philippines, and Russia
   o Europe: Croatia, Italy, Spain, and United Kingdom (England)
   o Pacific: Australia and Fiji

The Legal Review and Recognition Study, including research methodology, international analysis, and regional and country reports, are available at: www.iccaconsortium.org.

This report is part of the legal review and focuses on Fiji. It is authored by: Kiji Vukikomoala (Coordinator, Fiji Environmental Law Association), Stacy Jupiter (Director Fiji Country Program, Wildlife Conservation Society), Elizabeth Erasito (Director, National Trust of Fiji), and Kevin Chand (Environmental Law Association volunteer).

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• Authored by: Kiji Vukikomoala, Stacy Jupiter, Elizabeth Erasito, and Kevin Chand
• Published by: Natural Justice in Bangalore and Kalpavriksh in Pune and Delhi
• Date: September 2012
• Cover Photo: Sun setting on the remote village of Tovu, Totoya Island, Fiji. © Stacy Jupiter

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