[Photo: File]

A proposed dispute clause in the Vuvale Union Treaty has raised concerns over how Fiji could seek independent legal intervention in a serious health or biological dispute with Australia.

Committee Member Virendra Lal questioned Article 11.1, which states that treaty disputes will not be referred to a national or international tribunal, court or other third party.

Lal asked Acting Permanent Secretary for Health Dr Luisa Cikamatana how Fiji could seek an independent investigation if a disease outbreak or biological contamination was linked to visiting Australian military personnel or assets.

Dr Cikamatana said Fiji would first rely on its domestic laws, including the Public Health Act.

She said the Ministry could also seek advice from the Solicitor-General’s Office and consider international law where appropriate.

“Currently with the bilateral, it’s at $6 million per year, but it can go on to 10. So it’s more of just helping us. It doesn’t take over our budget, nor reliance. They also work, their plan works with us. It’s strengthening. So it’s just complementing our plans. So I guess we have gaps as well. We need to strengthen our system.”

Lal continued to question whether major disputes could ultimately be settled through executive-level negotiations rather than an independent tribunal.

Dr Cikamatana acknowledged that Article 11.1 requires disputes to be settled through consultation and good-faith negotiations between Fiji and Australia.

She said the relationship would depend on trust, transparency and strong negotiation.

The committee also questioned Fiji’s safeguards against health and biosecurity risks linked to increased movement between the two countries.

Dr Cikamatana said Fiji would rely on existing laws covering medicines, medical devices and health professions, while animal health falls under agriculture authorities.

She also highlighted Fiji’s One Health approach, which brings together human, animal and environmental health.