[Photo: File]

The Commercial Use of Marine Areas Bill must not undermine constitutional protections over customary marine resources, former Attorney-General Aiyaz Sayed-Khaiyum has warned.

Sayed-Khaiyum told the Standing Committee on Justice, Law and Human Rights that the proposed law must be read alongside the Constitution, which he said was the supreme law.

He said recent legislation appeared to show a lack of reference to, and deference for, constitutional provisions.

He pointed to Section 26, which protects against discrimination but also specifically allows measures giving effect to communal ownership of iTaukei, Rotuman and Banaban land and access to marine resources.

Sayed-Khaiyum said this means customary access to marine resources cannot simply be treated as an issue of equality between all groups.

He also highlighted Section 29, which requires Parliament and Cabinet to ensure land leases and tenancies provide a fair and equitable return to landowners while protecting the rights of lessees.

Sayed-Khaiyum said this was important given Fiji’s history of landowners receiving very low returns from some leases.

He also drew attention to Section 30, which provides for customary owners and registered customary fishing rights holders to receive a fair share of royalties or other money paid to the State for mineral extraction from their land or fishing grounds.

He said the Constitution had fundamentally changed the position of customary owners by guaranteeing them a share of such revenue.

But Sayed-Khaiyum said commercial use of marine areas must also meet Fiji’s environmental obligations.

Section 40 provides every person with the right to a clean and healthy environment, including protection of the natural world for present and future generations.

He said these constitutional provisions must form part of the consideration of the Bill.

Sayed-Khaiyum told the committee he had not been given enough time to prepare his submission in detail and asked to return before the committee to examine the proposed legislation more closely.