DECISIONS MADE AT THE CABINET MEETING HELD ON 17TH NOVEMBER 2023

The Peoples’ Coalition Cabinet held its 19th meeting for 2023 on Friday 17th November 2023.
 
The decisions include the following:

1. iTaukei Affairs (Amendment) Bill 2023
Cabinet approved the iTaukei Affairs (Amendment) Bill 2023 to reestablish the Great Council of Chiefs (GCC). The Bill will be tabled at a Sitting of Parliament.
 
The iTaukei Affairs (Amendment) Bill 2023 (Bill) seeks to amend the Act to insert an establishing provision for the GCC in the Act and to include reference to the Council in other provisions of the Act and the iTaukei Trust Fund Act 2004 as applicable.
 
The Bill will be tabled in Parliament by the Attorney General.
 
2. Local Government (Amendment) (No.2) Bill 2023
Cabinet approved the Local Government (Amendment) (No.2) Bill 2023 (Bill) for the conduct of municipal council elections.
 
The Bill seeks to amend the Local Government Act 1972 (‘Act’) to ensure that the local government election procedures and processes are consistent with the policies and legislations relevant to elections.
 
This amendment will bring into effect the policy decision of the Fiji Government to undertake the local government elections.
 
The Bill will be tabled at a sitting of Parliament by the Attorney General.
 
3. Mahogany Industry Development (Amendment) Bill 2023
Cabinet approved the Mahogany Industry Development (Amendment) Bill 2023 for tabling in Parliament.
 
The Bill amends the Mahogany Industry Development Act 2010 and designates the Minister for Forestry to chair the Mahogany Industry Council (Council). The Bill designates the Minister for Forestry as Minister responsible to administer the Mahogany Industry Development Act 2010.
 
The Bill will be tabled at a sitting of Parliament by the Attorney General.
 
4. Employment Relations (Amendment) Bill 2023
Cabinet approved the Employment Relations (Amendment) Bill 2023 to amend the definition of ‘essential services and industry’ in the Employment Relations Act 2007.
 
The Employment Relations Act 2007 (‘Act’) has been the focus of considerable Government, social partner and International Labour Organization (‘ILO’) interest over several years because of amendments to the Act from 2011 onwards, which did not comply with fundamental ILO Conventions, including:
i) the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87),
ii) the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and
iii) the Abolition of Forced Labour Convention, 1957 (No. 105).
 
When the Act was passed by the House of Representatives in November 2006 and later promulgated as a Decree in 2007, an “essential service” was defined in section 4 as being “a service listed in Schedule 7.”
 
In 2011, the Essential National Industries (Employment) Decree 2011 (‘ENI Decree’) and the Essential National Industries & Designated Corporations Regulations 2011 (‘ENI Regulations’) made amendments to the Act which significantly undermined workers’ organisations and impacted workers’ freedom of association.
 
There was widespread criticism of the ENI and ENI Regulations in Fiji by the Fiji Trades Union Congress (FTUC) and the Fiji Islands Council of Trade Unions and internationally by the International Trade Union Confederation (ITUC), Australian Council of Trade Unions and the Commonwealth Trade Union Group.
 
ILO’s Committee of Experts on the Application of Conventions (CEACR) in its Observation of Convention No. 87 in 2012 urged the Fiji Government to take the necessary measures to amend the ENI Decree without delay, in full consultation with social partners, to bring it into conformity with Convention No. 87.
 
The main purpose of amending the definition of “essential services and industries” in section 185 of the Act is to revert to the original list of essential services, contained in Schedule 7 and bring Fiji’s list of essential services in compliance with Convention No. 87.
 
The Bill will be tabled in Parliament by the Attorney General.
 
5. Fiji to Join the Beyond Oil and Gas Alliance
Cabinet approved that Fiji join the Beyond Oil and Gas Alliance (BOGA) as a member country.
 
The BOGA is an international alliance of governments and stakeholders led by the Governments of Denmark and Costa Rica working together to facilitate the managed phase-out of oil and gas production.
 
At COP 27 in Sharm el Sheikh, Fiji joined BOGA as a ‘Friend’ as time and consultation was needed to seek formal approval from the Fiji Government to join BOGA as a member country.
 
The alliance promotes the need to phase-out oil and gas production through efforts to influence international climate negotiations through ambitious commitments and the creation of an international community of practice dedicated to accelerating fossil fuel phase out.
 
It is designed to raise climate ambition among governments through high-level political dialogue alongside policy and technical support related to oil and gas production phase-out and just-transition.
 
BOGA also recognises that some countries will have a greater capacity to phase-out oil and gas production faster. Industrialised and developed countries must lead the way while acknowledging that it is a global challenge that requires global solutions.
 
6. Fiji National Shelter Guideline on Responding to Cases of Gender-Based Violence
Cabinet endorsed the Fiji National Shelter Guideline on responding to cases of Gender-Based Violence.
 
Shelters play a critical role in crisis intervention, supporting women and children when they are at risk of harm. Many women and children who are abused in their homes are forced to leave in order to escape the violence, save their lives and find immediate safety and protection.
 
Shelters provide a very secure accommodation and a safe place to stay as survivors recover from violence, begin to rebuild their self-esteem and take steps to regain a self- directed and independent life.
 
The Shelter Guidelines provide shelter providers across Fiji, as well as residents, with a clear set of guidelines, minimum requirements and expectations for the provision of shelter services. 
 
All emergency and short to long term shelters with private or public funding are required to adhere to the Shelter Guidelines.
 
The guideline has 11 mandatory requirements before they can be operational.
 
These include:

*Compliance with the Fiji National Building Code Regulations 2004;
*GBV shelters must provide a Certificate of Registration;
*Police Clearance Certificate for all staff working in the GBV shelter organisation;All GBV shelters must have approved service guidelines for shelter services;
*All GBV shelters must have an approved safety and security policy;
*All GBV shelters must have an approved internal grievance mechanism for investigating and responding to complaints related to any services provided by the organisation;
*All GBV shelters must have an approved child protection and safeguarding policy;
*Registration as an approved residential care provider for children;
*All GBV shelters must be a signatory to the Service Delivery Protocol and agree to abide by the guiding principles and seven minimum standards for responding to cases of GBV;
*Regular monitoring of shelter services; and
*Certificate of Operation.
 
7. National Critical Infrastructure Cybersecurity Framework
Cabinet agreed that the Ministry of Home Affairs and Immigration, with the Ministry responsible for Communications, undertake extensive consultation to develop a National Critical Infrastructure Cybersecurity Incident Response and Recovery Framework, as well as to establish a Critical Infrastructure Computer Emergency Response Team (CI-CERT) and Computer Security Incident Response Teams (CI-CSIRT).
 
Critical infrastructure are all interrelated and interconnected through digital platforms. Without proper safeguards this could create vulnerabilities that could deliberately or inadvertently cause disruptions resulting in catastrophic consequences at the national level affecting the economy, national security and sovereignty.
 
The development of the Framework is expected to foresee the enhanced cooperation between government and the private sector thus allowing for a national coordinated approach streamlining the roles and responsibilities of critical infrastructure agencies.
 
The consultations will be overseen by a National Critical Infrastructure Cybersecurity committee.
 
8. Development of strategy and new law for Counter-Terrorism
Cabinet agreed that consultations be reconvened for the development of a National Counter Terrorism Strategy and a Counter Terrorism Bill for Fiji.
 
Fiji is a diverse and multicultural nation and is not immune to changes in the regional and global security landscape.
 
Access to the internet, social media, opinion makers and influencers, misinformation, and disinformation all give rise to the potential for terrorists and their sympathisers to carry out their act of terrorism in Fiji.
 
Fiji's strategic location as a popular tourist destination also make it vulnerable to potential terrorist activities given the presence of foreigners on our soil.
 
Therefore, a proactive and multi-faceted approach to counterterrorism is essential for Fiji to ensure that we are in a state of readiness.
 
The strategy will clearly highlight the key components of government’s commitment to counter terrorism efforts which will be supported by the proposed Bill.
 
The consultations will be overseen by a National Counter Terrorism Working Group.
 
9. Review of the Radiation Health Act 2009
Cabinet approved the review of the Radiation Health Act 2009 (Act).
 
The Act contains general and detailed provisions concerning the regulation of radiation sources in Fiji and covers both ionising and non-ionising radiation.
 
The Act also establishes the Radiation Health Board (Board) and provides for the functions and powers of the Board which includes the licensing of practitioners and facilities that use ionising and non-ionising radiation sources in their daily functions.
 
The use of ionising radiation sources has extended beyond its traditional use in health services thereby requiring a review of the Act.
 
Nationwide consultations will be undertaken on the review and a draft Bill will be brought to Cabinet for its consideration.
 
10. Fiji to Join the Forest and Climate Leaders’ Partnership
Cabinet approved for Fiji to join the Forest and Climate Leaders’ Partnership (FCLP) as a member country.
 
Participation in the FCLP would build upon Fiji’s commitment under the Glasgow Leaders Declaration (GLD) on Forests and Land Use to halt and reverse deforestation and land degradation by 2030 as well as demonstrate Fiji leadership and commitment to the Paris Agreement and advancement of domestic climate action.
 
The FCLP also provides a unique space for ambitious governments from around the world to come together in groups to address complex policy challenges that cannot be resolved individually.
 
The FCLP is currently focusing on building a common conceptual base Forest and Land Use Investment Packages (FLIPs) which are integrated packages of technical, financial, and diplomatic support, investment and business partnerships.
 
They will be designed to engage a range of public, private, multilateral and philanthropic institutions in an actively coordinated arrangement to support the implementation of a country’s ambitious climate target, with a particular focus on forests and other land uses.
 
11. Fiji to Join the Global Alliance on Green Economy
Cabinet approved that Fiji join the Global Alliance on Green Economy (GAGE) as a member country.
 
Transitioning to a green economy aims to achieve economic development while nurturing and protecting the environment. Legislations, regulations, investments, and coordination are needed for countries to green their economic development, while also moving towards a low-emission and resilient future.
 
Fiji must continue to explore its existing economic sectors, and find ways to expand them, make them greener and more resilient while also exploring new sustainability focused sectors.
 
Such endeavours can help to protect existing jobs in sectors that can be ‘greened’ as well as lead to the creation of green jobs that can then help preserve livelihoods throughout the country.
 
The development of renewable energy and a push away from fossil fuels can contribute to economic diversification. In addition, the sooner the renewable energy is integrated into the economy, the sooner a low-carbon economy can be realised, reducing the risk of a more severe socioeconomic shock in the future.
 
Fiji needs as strong enabling environment for private sector involvement in renewable energy production to support Fiji’s shift to clean energy. Given the country’s reliance on imports for its fossil fuel supply, continued use of fossil fuels can lead to instability as global supply and demand fluctuates.
 
In addition to investments from multilateral development banks, Fiji must continue to explore other financing opportunities to realise its climate goals, introduce a green transition sooner, and provide a sustainable future to its citizens.
 
GAGE provides an excellent platform for enhancing country exchanges and collaboration to unlock opportunities.