DECISIONS MADE AT THE MEETING OF CABINET HELD ON 27 FEBRUARY 2024

The Peoples’ Coalition Cabinet held its fourth meeting on Tuesday, 27 February 2024. Decisions made by Cabinet are as follows:
 
Relocation of Nabavatu Village
Cabinet approved the relocation of Nabavatu village to land in Nadoiviri belonging to the Mataqali Uluitoga and Mataqali Nalutu.
 
Nabavatu Village is located in the District (Tikina) of Dreketi, in the Macuata Province, Vanua Levu. The Village was critically affected by a geohazard event that shocked the community in January 2021 following Tropical Cyclone (TC) Ana.  A series of land slumps, landslides, tensional cracks and associated ground displacements were experienced in the village at that time.
 
Based on GPS and aerial mapping conducted by the Ministry of Lands and Mineral Resources (MLMR) over the current village site in February 2021, it was revealed that a majority of dwellings in Nabavatu were at high risk.
 
The report by the Ministry of Lands and Mineral Resources confirmed that all buildings and houses located within the medium to high-risk zones will need to be relocated as a precautionary measure for the safety of residents and the community as a whole. The village in its present condition is considered not safe for future habitation, as there remains the risk of a reoccurring geohazard event in the future.
 
The relocation site comprises 16.88 hectares or 41.71 acres, and is located about 800 metres southwest of the current Nabavatu village site.
 
The selection of the site was made after a series of consultations among key stakeholders particularly Government and members of the Nabavatu community. Geotechnical and Topography Surveys were carried out to ensure the new site is suitable and safe for construction of new homes for the people of Nabavatu. 
 
The Relocation Project is the result of a whole-of-Government approach and in compliance with the Planned Relocation Standard Operating Procedures (SOP) for Fiji.  The total cost of the relocation project is approximately $5.9 million.
 
There are four phases for the relocation project which include the following:
 
Phase 1 involves Geotech Survey, Topography Survey, Drainage Works, Site Clearing and Road Access.  Funding for Civil Works has been released from the Climate Relocation of Communities (CROC) Trust Fund by the Ministry of Environment and Climate Change;
 
Phase 2 is the procurement of housing materials, construction and water reticulation, and grid connections.  Funding will be sourced from the CROC Trust Fund, and other activities will be sourced through bi-lateral budget support facilitated by the Ministry of Environment and Climate Change;
 
​Phase 3 will be the finishing phase with the construction of footpaths and footbridges within the community.  Funding will be sourced through bi-lateral budget support facilitated by the Ministry of Environment and Climate Change;

Phase 4 is the monitoring phase. No funding is required for this phase. 
 
The Relocation Project is estimated to be implemented in a duration of 35 weeks or 8 and a half months.

National Disaster Risk Management Bill
Cabinet approved the National Disaster Risk Management Bill (Bill).
 
The Bill is the outcome of a comprehensive review of the Natural Disaster Management Act 1998 (Act), spanning over two decades.
 
Amongst key changes being brought in by the Bill, is the expansion of the mandate for the disaster legislation to not only cover natural hazards but also all other potential hazards that may cause disasters, with the exception of civil unrest and terrorism. These include biological, environmental, geological or geophysical, hydro meteorological and technological hazards.
 
This is in line with the all-hazards approach for disaster and disaster risk management that is the global best practice promoted under the National Disaster Risk Reduction Policy and the Sendai Framework for Disaster Risk Reduction.
 
Other key components of the Bill include:
-Emphasis on Disaster Risk Reduction (DRR) and its practical application in the form of disaster risk management measures, due to the growing recognition of the role that early mitigation and prevention of risk plays in the alleviation and avoidance of disasters.
 
-Amalgamation of the functions of the current Preparedness and Mitigation committees to form the Disaster Risk Reduction committee, which will now be responsible for all disaster risk management activities except those for disaster and emergency response, which remains the mandate of the Emergency committee.
 
-Formalisation of the Fiji Cluster System for better coordination of humanitarian actors in the country.
 
-Establishment of Disaster Risk Management Committees at Divisional, Provincial, District, and Community levels to strengthen coordination for Preparedness, Response, Disaster Management, DRR, and climate change adaptation at all levels.
 
-Establishment of subnational offices of the NDMO to be headed by Divisional Disaster Risk Management Officers, which will ensure the mainstreaming of DRR, coordination of activities and provision of advice to Divisional Commissioners related to disaster risk management, disaster risk reduction and disaster management, at the subnational level.
 
-Regulation of international aid to mitigate against adverse consequences stemming from unsolicited bilateral donations and to oversee assistance that could potentially contribute to the issue of disaster-generated waste.
 
-Establishment of Single Window International facilitation teams.
 
-Development of an integrated multi-hazard early warning systems (EWS) across all levels (national to sub- national).
 
-Protection of Disaster Risk Management Volunteers with the requirement of volunteer organisations to formally register their intentions to engage disaster volunteers to provide a protective framework for volunteers, safeguarding them from any potential violations during their participation in disaster response efforts.
 
The Bill will be tabled in Parliament.
 
Fiji’s Submission to the Commission on the Limits of the Continental Shelf on its Extended Continental Shelf Claim in the South Fiji Basin
Cabinet approved that a submission be made to the Commission on the Limits of the Continental Shelf (Commission) on Fiji’s extended continental shelf claim in the South Fiji Basin (Submission) in accordance with the United Nations Convention on the Law of the Sea (UNCLOS).
 
Fiji was the first United Nations member State to sign and ratify UNCLOS on 10 December 1982. UNCLOS entered into force on 16 November 1994 and Fiji remains committed to UNCLOS and its overarching guiding principles. Fiji was also one of the first signatories to the recently adopted international legally binding instrument under UNCLOS for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (“BBNJ Treaty” or “High Seas Treaty”) on 20 September 2023.
 
In accordance with UNCLOS, the continental shelf that borders a country’s shoreline is considered to be a natural continuation of the country’s land territory. Coastal states have exclusive rights to the resources located within the continental shelf, which legally is defined as the seabed up to roughly 370 km (200 nautical miles) from shore or to the outer edge of the continental margin, whichever is farther, subject to an overall limit of about 650 km (350 nautical miles) from the coast.
 
Where the continental shelf extends beyond 200 nautical miles, a coastal State is required under Article 76 of UNCLOS to make a submission to the Commission. This submission sets out the coordinates of the outer limits of the continental shelf and is accompanied by technical and scientific data to support the claim.
 
The Commission will assess the Submission by the coastal State and make recommendations. Once the Commission makes a recommendation to support the Submission, the outer limits of the continental shelf claimed by a coastal State are established and this claimed area now falls under the coastal State’s jurisdiction and sovereignty.
 
Pacific Island Countries (PICs) are the custodians of 20% of global maritime zones. To ensure the conservation and sustainable management of these vast ocean spaces, it is critical that maritime zones are clearly defined in accordance with UNCLOS. This includes both maritime boundary delimitation, continental shelf claims and ECS areas beyond their 200 nautical mile exclusive economic zones (EEZs).
 
Clarifying sovereign rights over these ECS areas is critical for Pacific countries. Until ECS areas are clearly defined and demarcated, countries in the Pacific may not be in a position to fully protect their interests, manage marine resources in these areas and achieve their blue economy aspirations.
 
Currently, there are 10 countries in the Pacific, with 17 ECS submissions at various stages awaiting examination by the Commission.
 
Coastal States can make partial submissions or complete submissions to the Commission. Partial submissions are usually made when there is limited information or data to complete a submission, which has been the case in Fiji, largely due to lack of resources and technical expertise, however this has changed over the years with technical expertise being provided by consultants engaged by the Pacific Community (SPC) and through increased capacity building of relevant local agencies.
 
Fiji has earlier filed two partial submissions to the Commission. On 20 April 2009, Fiji conveyed a partial submission to the CLCS, in accordance with Article 76 of UNCLOS. This partial submission was for the Lau Ridge in the Southern Pacific region which comprises emergent and coral-capped parts of remnant volcanic arc, and the South Fiji Basin. The latter is a back arc basin flanked by the Lau Ridge in the east.
 
In 2012, Fiji conveyed another partial submission which amended the earlier submission of 2009, providing further information and data.
 
The complete submission to be tabled this year will supplement the partial submissions that have been submitted in 2009 and 2012 respectively.
 
A team from the Maritime Affairs Coordinating Committee (MACC) will present and defend the Submission to the Commission and answer any technical questions that may arise. The MACC is chaired by the Permanent Secretary for Foreign Affairs.
 
Referral of a Question of Law to the Supreme Court on the Appointment of Judicial and other Constitutional Offices
In compliance with section 91(5) of the Constitution of the Republic of Fiji, Cabinet will make a referral to the Supreme Court of Fiji concerning the interpretation of sections 105(2)(b) of the Constitution, in particular, whether an Independent Legal Services Commission (ILSC) finding in a disciplinary proceeding instituted against a legal practitioner, is consistent with the intended finding of guilt in the constitutional provisions.
 
The provisions of the Constitution of the Republic of Fiji (2013) on the disqualification from office for potential members of the Judiciary, and holders of the position of Director for Public Prosecutions (DPP) and other constitutional offices have been a matter of public discussion and disagreement, including between the Fiji Law Society (FLS) and the Acting Chief Justice.
 
The Office of the Solicitor – General will prepare the necessary application on behalf of Cabinet to the Supreme Court for consideration in the April 2024 Sitting of the Supreme Court.
 
Support for the Development of New Planted Forest Policy Project
Cabinet endorsed the “Support to the Development of New Planted Forest Policy” (Project) under the Food and Agriculture Organisation of the United Nations (FAO) in its Technical Cooperation Programme (TCP) to finalise the Forest Plantation Policy (draft Policy).
 
Fiji’s planted-forest sector has two significant plantation resources which form the foundation of the existing plantation forest industry.
 
The key industries in this sector are the pine and mahogany industries. Within this sector, planted forests encompass a range of initiatives which includes commercial forestry plantations, privately-owned woodlots, agro-forestry practices, and community-driven tree-planting endeavours.
 
Fiji has developed several policies and legislative frameworks to promote and enhance the growth of planted-forests within its territories.
 
A thorough review of the draft Policy is, therefore, necessary to align it to recent policy and legislative amendments, to rectify and address identified short-comings in related guidelines and procedures, and ensure alignment to Fiji’s global commitments, sustainable development goals, and national and international best practices.
 
The finalised Policy will become a strategic guide for the sustainable management and utilisation of planted-forests and form a comprehensive framework setting up adaptive implementation mechanisms for various situations and changing economic, climate and geographical conditions.
 
The Project is expected to be for a duration of 12 months from the date of signing to the FAO TCP, and will include an inclusive, comprehensive, and engaging consultation process with all relevant agencies, industries, and stakeholders towards the finalisation of the draft Policy.
 
The total cost to complete the Project is projected to be US$155,000.
 
Memorandum of Understanding between Fiji Hydrographic Services and the United Kingdom Hydrographic Office
Cabinet endorsed the Memorandum of Understanding (MOU) between the Fiji Hydrographic Services (FHS) Office and the United Kingdom Hydrographic Office (UKHO) to assist FHS in meeting its responsibilities under the 1974 International Convention for the Safety of Life at Sea (SOLAS).
 
UKHO is a world-leading centre for hydrography, specializing in marine geospatial data to support safe, secure and thriving ocean.
 
The FHS Office and UKHO have been working closely together since 2016 in terms of hydrographic services capacity building provided by the UKHO to the FHS and liaison for the participation in hydrographic activities and training programs including through appropriate Regional Hydrographic Commissions such as the South West Pacific Hydrographic Commission (SWPHC).
 
The MOU formalises the engagement between the two agencies.
 
Fiji Hydrographic Service is administered by the Fiji Navy and is responsible for the provision of hydrographic services required by SOLAS and the International Hydrographic Organisation.
 
FHS collects, compiles, and collates hydrographic data, maintains and disseminate hydrographic and other nautical information and nautical publications, and maintains and disseminates nautical charts, including authorising charts for use in Fiji waters.
 
The UKHO is a world-leading centre for hydrography, specialising in marine geospatial data to support safe, secure and thriving ocean, and has been assisting FHS since 2016.
 
The MOU formalises the engagement between the two agencies.
 
The objectives of the MOU are as follows:
-provide a framework for collaborative activities and cooperation in cartography and hydrography including SOLAS;
-facilitate the exchange of hydrographic Products, Data, materials and Services, and the sharing of expertise, in the field of hydrography and related disciplines; and
-enhance international maritime safety and the protection of the environment.
 
The MOU will come into effect on the date of the signature and remain in effect until terminated.
 
Fiji to bid to host next meeting of Commonwealth Law Ministers
Cabinet agreed that the Office of the Attorney General submit an expression of interest for Fiji to the host the next Commonwealth Law Ministers Meeting (CLMM) to be held in late 2025 or early 2026.
 
The CLMM is held biennially and is hosted by member states on a rotating basis. Fiji has never hosted the CLMM.
 
Participation at the CLMM is open to all 56 Commonwealth member countries. Invited Commonwealth Intergovernmental Organisations (IGOs) and Accredited Commonwealth Organisations may also attend as observers.
 
Fiji will submit its expression of interest at the 2024 CLMM.
 
During the meeting, law ministers and attorneys-general from across the Commonwealth deliberate on current legal developments in their jurisdictions and explore responses to evolving legal issues affecting Commonwealth citizens.