H.E PRESIDENT KATONIVERE'S KEYNOTE ADDRESS AT THE OPENING OF THE 23rd ATTORNEY-GENERAL’S CONFERENCE

The Honourable Chief Justice;
Honourable Members of the Judiciary;
The Honourable Attorney-General;
The Acting Solicitor-General;
Members of the Diplomatic Corps;
Members of the Legal Profession;
Distinguished Guests and Panelists;
Ladies and Gentlemen.
 
Bula vinaka and a very good morning to you all.
 
I find it fitting that among one of my first official events as your President is this 23rd Attorney-General's Conference because there is nothing more important in a true democracy than the rule of law. If we adhere to the rule of law, if we honour and submit to the rule of law -- which simply means no one is above the law and everyone is treated equally -- then we will have stability as a nation-state.  If we have just laws and respect our laws, then we can right wrongs and we can correct injustices.
 
The rule of law must protect the weak, the vulnerable and the disadvantaged. The rule of law must hold the power to account and ensure fairness. And importantly, if we respect the principles of the rule of law, we can change those laws that no longer serve us or that no longer seem just.
 
As legal practitioners, you are the guardians of the law, no matter which side you represent. That is why professional standards for the legal profession are so high, and why punishments for violating those standards can be so severe. In the end, our system works on trust and integrity.
 
I have my own personal experience with the legal profession. I have two nieces who are lawyers, and also an uncle and a nephew.
 
During a graduation dinner some years ago, I was feeling a great deal of pride in my nieces and nephew, and I said "Now I know I am protected with the law since I have family who will guide me along." I didn't really believe I would ever need a lawyer to get me out of trouble, but I don't think most people do. But I also never dreamed that one day I would be the custodian of the law as the Head of State, with the responsibility to appoint and swear in judges and magistrates. And now I am here with you, the guardians of our laws, as you gather to understand how changes in the law and how new laws will affect the people you must represent.
 
Of course, laws must change to keep abreast of and ahead of changes in our society. New technology requires new laws. New kinds of relationships between people require new laws. When we become enlightened to past injustices, we write new laws so that we can be a more just society. The world is on a continuous track of transition, and so is Fiji. We must embrace change. But more importantly, perhaps, we must understand it.
 
I have had a look at the programme for this two-day conference, and I am not surprised to see that the subjects to be discussed are at the cutting edge of policy and jurisprudence. That has become the brand of the AG's Annual Conference. It has become an event that pushes the envelope; that drives conversation; and which shapes policy in its own right. This year's topics are particularly important because they affect the way people live, the way they make their living, the way they conduct their business, and the way they see their culture.
 
One of the subjects of this Conference is banking. Until recently, payment services were the exclusive domain of banks and a few other financial institutions. Nowadays, telecommunications service providers have also entered the market and started offering new products to people.  This has positive effects in terms of financial inclusion, since it allows people to transfer or receive funds even if they have no bank accounts. It is a tremendous help to the disadvantaged and to people who don't have easy access to a bank. However, these services present a number of risks that need to be monitored and mitigated.
 
The recently enacted National Payment System Act 2021, which we will be discussing in the first session today, empowers the Reserve Bank of Fiji to oversee the payments industry and to regulate the market in a way that reduces both systemic risk and the risk for customers using non-traditional means of payment. This will protect people and should cut down on opportunities for fraud. This system also facilitates payments between banks and non-traditional banking facilities or money wallets -- paving the way to entirely digital transactions and truly cashless payments.
 
I note that the second session is titled "Who do you serve?" I know that lawyers must be zealous advocates for their clients. Regardless of who your client may be, you must treat all of them alike, whether they are rich or poor, whether you are a lawyer working for the Land Transport Authority or the Attorney-General's chambers, you all have a fiduciary duty. Even though Legal Aid provides free legal services, they still have a fiduciary duty. What is the ambit of that duty?
 
Simply because someone is less educated -- or may not be paying for your services directly -- does that mean you lower your standards or reduce the scope of your duty? Does that mean you limit discussions with them or provide them with a narrower disclosure and fewer instructions? In a just society, the answer to these questions is no. And as legal practitioners, you must strive to be principled in your duties and you must demand the same of your colleagues across this entire profession.
 
Another of your discussions is critical in our society because it deals with a basic need -- shelter and residential tenancy. Fiji currently does not have a specific legal framework that is dedicated to the regulation of residential tenancy. To develop that framework, it will be important to address core issues such as the legal rights and obligations of both a landlord and a tenant. Furthermore, we are a unique country. 95 percent of land in Fiji can only be leased. 91 percent of that is iTaukei land and 4 and a half percent belongs to the state. We will need to find ways to address tenancy issues at the grass-roots level and put in place reliable and transparent processes to resolve disputes fairly and correct injustices. The views and experiences you share at this conference will make a great contribution to building a solid legal framework.
 
Ladies and Gentlemen, our customs and traditions make us unique. They help define us as a people and a culture. While we can all take pride in and enjoy these symbols of Fijian culture, we must nonetheless ensure that they are not exploited to a level that causes them to lose their special place. So I hope that we can all join together to find ways to recognise the proprietary rights of our customs and traditional knowledge at the same time that we enjoy them, display them and employ them. Intellectual property is about more than protection -- it is about empowerment. 
 
In order to provide this protection, we must first be able to identify which designs, artwork, and traditional knowledge belong to which subset of which community, indigenous or otherwise. To give one example, the iTaukei culture involves the sharing of traditional knowledge and traditional cultural expressions and designs that have been passed down through our long history. 
 
As we all know, the iTaukei culture and history are also oral, and we lack a written record that would give us certainty as to who owns what and where a particular design actually comes from. Which province, which district, which yavusa? Untangling this will not always be an easy task, especially when emotions run high and feelings of ownership are strong, and especially when ownership can translate into financial gain.
 
The Ministry of iTaukei Affairs is undertaking a nationwide exercise on cultural mapping to be able to transcribe, file and compile an accurate record of iTaukei traditional knowledge and traditional cultural expression to help discern what intellectual property belongs to which community. Once this is complete and the relevant legal framework set up, it will provide a way for traditional communities to protect their designs, traditional totems or traditional knowledge. 
 
The last topic of the conference is a particularly interesting one. Industrial hemp is proving to be a high-value business, and Fiji must not hesitate from tapping into it. Industrial Hemp has been called a "wonder plant" due to its estimated 25,000 different uses, which include food, fibres, ropes, textiles, paper, and building material.
 
These industries provide thousands of jobs globally, and many countries are finding that industrial hemp offers huge economic potential. The industrialisation of hemp has far-reaching implications, and not only for current Government policies and legislation addressing the illegal use and effects of hemp. It also challenges us to re-examine the current laws and institutional structures supporting the agricultural export industry and develop an all-encompassing institutional and legal framework.
 
I fully acknowledge that this cannot be done overnight. A great deal of supporting framework is required, but I think the fact that we have already started discussions on the matter is a positive sign. You are professionals, and you are here to learn and contribute-to learn what is new in the law and to contribute to the development of new law. We have an impressive line-up of international panelists participating in these discussions and I urge us all to take full advantage of this global slate of expertise.
 
I can tell you, no matter how high you may rise -- or how high you may think you have risen --how educated you may be, how much advice you have given, or how many cases you may have won, there is always more to learn. As the saying goes, "Ego kills knowledge, as knowledge requires learning, and learning requires humility." So in that spirit, let us all contribute positively to the discussions throughout this conference and take full advantage of the knowledge imparted as well as the networking opportunities. Your country will thank you. And your clients will thank you.
 
May Almighty God Bless you all and May God Bless Fiji.
Vinaka vakalevu. Thank you. And I wish you all a Merry Christmas and a very happy New Year.