In Fiji, the connection to the sea is established from birth. Among the iTaukei, the Indigenous Fijian people, it is a tradition to implant the vicovico, or umbilical cords, into the coral reefs that frame their coastal nation. This ancient practice symbolizes their deep-rooted role as traditional custodians of the ocean. However, for decades, a cloud of controversy has overshadowed the rights to Fiji’s seabed, a matter of significant concern in a nation that attracts a million tourists annually, many of whom are drawn to its world-renowned surf breaks.
Until 2010, access to Cloudbreak, one of the world’s most famous surf waves, was restricted to locals due to an exclusivity deal with a luxury resort dating back to the early 1980s. “It was demeaning, it was shameful,” recalls Ian Ravouvou Muller, an iTaukei surfer, who remembers being threatened and chased from the waters where his sons’ vicovico are buried. “We are a saltwater people.”
Historical Context and Policy Shifts
The turning point came in 2010 when Fiji’s then military dictatorship, led by Frank Bainimarama, enacted a surfing decree that prohibited payments for the use of Fiji’s reefs, lagoons, and beaches. This decree ended all exclusivity agreements, allowing both tourists and locals to freely access the waves. While this policy fostered a generation of young surfers, including Fiji’s first professional surfer, it also disregarded customary marine rights, excluding the iTaukei from decision-making and economic benefits as foreign-owned resorts flourished.
Now, the Fijian government aims to restore governance of marine areas—known as qoliqoli—to the Indigenous people, enabling the iTaukei to receive compensation for tourism activities on their traditional fishing grounds. “Tourism going forward will see a huge degree of participation for Indigenous people,” stated Fiji’s Deputy Prime Minister and Tourism Minister, Viliame Gavoka, as he introduced a marine areas bill to parliament in December. “This legislation is one way Fiji can ensure our Indigenous communities are part of tourism in a big way.”
Economic and Social Implications
The proposed legislation has been hailed as a victory for iTaukei rights. Tourism is vital to Fiji’s economy, contributing approximately 40% to its GDP and generating around FJ$2.5 billion (US$1 billion) last year. Despite this, many iTaukei live in rural poverty, surviving on just FJ$1.25 a day. “The very people who looked after these reefs for generations have nothing at all,” says Dr. Jekope Maiono, an expert in Indigenous economic development. “The hoteliers, the resort owners, the airlines, they’re all benefiting from a customary resource. The Indigenous people just want to have a share, and rightly so.”
However, the bill has raised concerns among tourism operators regarding its practical implementation. Jon Roseman, managing director of Tavarua Island Resort, expressed “ongoing uncertainty” about the bill. Others have questioned how proceeds will be reinvested in Indigenous communities and have called for the government to cover additional costs. The Fiji Hotel and Tourism Association has requested more clarity on how the legislation will affect tourism leases and access to marine sites.
“We need a far clearer understanding of how it will affect tourism leases, accessibility to marine sites, and practical enforcement,” said Fantasha Lockington, chief executive of the Fiji Hotel and Tourism Association.
Challenges and Opportunities
Currently, hotel leases are managed by the state, with customary owners receiving a one-off payment for the loss of fishing rights. The new bill proposes that customary groups register their rights with a government commission, which would oversee lease negotiations. “It will affect business models and funding arrangements,” notes environmental lawyer James Sloan. While the bill suggests passing additional costs to tourists, Sloan warns that this could make Fiji a less affordable destination and potentially lead to disputes over custodial rights. Nonetheless, he believes that if these issues are addressed, the legislation could be “transformative and ambitious.”
Historical Resistance and Future Prospects
Since Fiji became a British colony in 1874, there have been multiple attempts to restore customary rights to the iTaukei. These efforts intensified after Fiji gained independence in 1970. Although qoliqoli areas had been mapped and fishing grounds recognized, proprietary rights remained with the state. The last attempt to pass a Qoliqoli bill in 2006 was a catalyst for Bainimarama’s coup, as hoteliers feared that payments to local tribes for access would lead to hotel closures and a decline in tourism.
Experts in Indigenous rights argue that these fears are exaggerated. “The policy objective has always been iTaukei empowerment,” says Usaia Gaunavou, director of iTaukei studies at the University of Fiji. “Now, with this landmark legislation, it looks like we’re going to have this for the first time in Fiji’s history.”
Despite some concerns, there is optimism that the legislation will benefit both Indigenous communities and the tourism industry. Tourism Fiji’s chief executive, Dr. Paresh Pant, reports widespread support from recent meetings with landowners, communities, and tourism operators. Consultation on the bill is ongoing, with a framework potentially including a “sustainability tax” for tourists at the airport. “At its best, this law supports tourism that lifts everyone socio-economically while making the use of Fiji’s natural resources sustainable,” he says.
For those like Muller, who have a deep connection to the ocean, this change has been long awaited. “People don’t like the idea of paying for nature in general; they think it’s free for all, but nature comes at a price. It needs to be protected,” he says. “We are correcting the wrongs of the past to create change for the future, respecting how our people once lived. For us, this is surf redemption.”
