Fiji
I. Introduction to Impact of Climate Change on Human Rights in Fiji
1. Climate change poses a substantial threat to human rights in Fiji, triggering a series of overlapping, cascading, and catastrophic consequences. Projections of long-term warming, ranging from 0.6°C to 2.6°C by the 2090s, portend escalating climate-related hazards.[1] Fiji’s vital economic sectors, including agriculture, forestry, tourism, and water and energy supply, are on the front lines of climate-induced disruptions.[2] The vulnerability of Fiji to climate change and associated natural disasters has heightened the challenges faced by its inhabitants. The adverse effects of climate change have impeded Fiji’s development and is causing outwards migration, leading to skilled labour shortage and a brain drain, potentially impacting Fiji’s economy.[3]
2. In response to these challenges, Fiji has strengthened its legal and policy frameworks aimed at safeguarding human rights and environmental integrity. A series of legislations, policies, and programs reflects Fiji’s commitment to addressing climate change and environmental degradation. Constitutional provisions guarantee the right to a clean and healthy environment, and strategic documents such as the National Biodiversity Strategy and Action Plan, the Green Growth Framework, and the National Adaptation Plan Framework, demonstrates Fiji’s multifaceted approach to mitigate the impacts of climate change. Additionally, the Blue Pacific 2050 Strategy underscores regional cooperation and sustainable development goals, further aligning with Fiji’s climate initiatives.[4]
3. Despite these efforts, addressing the gap in implementation is imperative to protect the human rights of all Fijians amidst the escalating climate crisis.[5] Additionally, Fiji faces significant financial constraints in implementing its climate change mitigation and adaptation strategies. International financial support, climate finance mechanisms, loss and damage funds and partnerships are essential to address the economic and social impacts of climate change.[6]
4. We recommend that Fiji focus its human rights efforts on protecting and defending the Right to Life, the Right to a Clean, Healthy, and Sustainable Environment, the Right to Health, and the Right of Self-Determination.
II. The Right to Life
5. The Right to Life is protected by article 6 of the ICCPR, which Fiji has ratified. The U.N. Human Rights Committee (HRC) has recognized that “environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy the right to life.”[7]
6. The HRC has interpreted that the obligation to protect the Right to Life extends to threats from environmental degradation, climate change, and unsustainable development: “The duty to protect life also implies that States parties should take appropriate measures to address the general conditions in society that may give rise to direct threats to life or prevent individuals from enjoying their right to life with dignity. These general conditions may include . . . degradation of the environment.”[8] Furthermore, States must adopt appropriate positive measures to address these environmental threats: “States parties should therefore ensure sustainable use of natural resources, develop and implement substantive environmental standards, conduct environmental impact assessments and consult with relevant States about activities likely to have a significant impact on the environment, provide notification to other States concerned about natural disasters and emergencies and cooperate with them, provide appropriate access to information on environmental hazards and pay due regard to the precautionary approach.”[9]
7. The loss of critical ecosystems, including coral reefs and other marine and terrestrial habitats, carries profound implications for various communities in Fiji. Livelihoods such as fishing, tourism and agriculture are intertwined with these ecosystems.
8. The devastating aftermath of Tropical Cyclone Winston in February 2016 illustrates the havoc wreaked by climate-induced disasters, with 44 fatalities and an estimated cost of $1.4 billion, equivalent to one-third of Fiji's annual GDP.[10] The cyclone affected 540,000 people, constituting 60% of Fiji's population, and displaced over 35,000 individuals who sought refuge in evacuation centers.[11] The disaster damaged infrastructure, approximately 30,000 homes, 500 schools, and 90 health clinics, exacerbating the vulnerability of communities already grappling with climate change.[12]
9. Fiji must prioritize environmental protection and climate action as integral components of the Right to Life.
III. The Right to a Clean, Healthy, and Sustainable Environment
10. The Right to a Clean, Healthy, and Sustainable Environment is recognized in international human rights treaties and conventions, including the African Charter on Human and People’s Rights, the Arab Charter on Human Rights, the UNECE Convention on Access to Information, and the Charter of Fundamental Rights of the European Union.
11. The U.N. General Assembly has acknowledged “the right to a clean, healthy and sustainable environment as a human right”, emphasizing its integral role in fostering human dignity and well-being.[13] Similarly, the UNHRC has emphasized the significance of a healthy environment for the realization of human rights.[14]
12. In Fiji the impacts of climate change and environmental degradation threaten the health, livelihoods, and cultural heritage of Fijians. Due to rising sea levels, extreme weather events, and ecological disruptions, coastal communities in particular face heightened vulnerabilities, including displacement, loss of resources, and increased health hazards. The violation of the right to a healthy environment by climate change, underscores the urgent need for comprehensive action to mitigate its impacts and protect the rights of all Fijians.
13. Approximately 90 percent of Fiji’s population and critical infrastructure reside in coastal and low-lying areas, leaving them exposed to rising sea levels and coastal floodings.[15] Government projections anticipate the need for future relocation of 676 communities due to climate change impacts.[16] It is predicted that each year 3,614 Fijians would require relocation due to storm surges and 2,076 Fijians due to cyclones.[17] The village of Vunidogoloa on the island of Vanua Levu relocated to higher grounds in 2014 as a preemptive measure against rising sea levels.[18] We commend Fiji for being one of the first nation states to establish standard operating procedures for relocation[19]. This proactive approach is further exemplified by the first community-led and externally funded relocation by Cogea village[20].
14. The emissions conduct of high-emitter states may breach the right to a clean, healthy, and sustainable environment of Fijians. In 2021 Sacchi decision, the Committee on the Rights of the Child concluded that States are responsible for injuries to children outside their territory under the Convention of the Rights of the Child if they cause “significant” climate damage, have regulatory control over their emissions, and such injuries are reasonably foreseeable.[21]Ratifying the UNFCCC and Paris Agreement could make these injuries foreseeable. We advise Fiji to consider whether a similar standard of significant damage from the emissions conduct of other states could establish international legal responsibility for high-emitter States. If so, Fiji might be entitled to reparations from high-emitter states for injuries caused on account of infringements of this human right.
15. We recommend Fiji support the campaign to seek an advisory opinion from the International Court of Justice to clarify the obligations of states regarding the adverse impacts of climate change, the legal duties of large greenhouse gas emitters towards present and future generations, and the implications for human rights[22].
IV. The Right to Health
16. The Right to Health is enshrined in numerous international instruments and treaties, including Article 25 of the Universal Declaration of Human Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
17. The U.N. Committee on Economic, Social and Cultural Rights has also clarified that the right to health encompasses a “wide range of socio-economic factors that promote conditions in which people can lead a healthy life, and extends to the underlying determinants of health, such as . . . access to safe and potable water and adequate sanitation . . . and a healthy environment.”[23]
18. States bear corresponding obligations to protect the Right to Health, including duties related to environmental conservation. States must refrain from activities that unlawfully pollute the environment and enact laws to prevent pollution from extractive and manufacturing industries. Climate change exacerbates existing environmental challenges and poses significant risks to public health in Fiji. Climate change threaten access to clean water, food security, and overall well-being. Vulnerable populations, including Indigenous communities and low-income households, are disproportionately affected by these impacts.
19. Natural disasters such as cyclones, floods, and rising sea levels can lead to widespread trauma, stress, and anxiety among the population. Previous research by the World Health Organization (WHO) showed there is a 90% treatment gap in Fiji for mental disorders[24]. We recommend the Fiji government to invest in mental health professionals and organizations providing mental health support, especially in post disaster settings and relocation processes.
20. Informal settlements, characterized by inadequate housing quality and limited access to services, leave communities exposed to flooding and climate-related extreme weather events and find themselves on the frontline of climate change impacts[25]. With around 20% of Fiji’s population lives in informal settlements[26], we urge the Fiji government to invest in infrastructure, including secure housing, access to potable water and drainage systems, and provide social services, for these communities[27]. In addition, there is a need to tailor disaster risk reduction and disaster response for informal settlements, including shelters.
21. The Pacific region, including Fiji, experiences some of the highest rates of gender-based violence (GBV) globally, particularly affecting women and children. During and after disasters, the risk of sexual and gender-based violence, including rape, sexual exploitation, and assault, significantly increases. This heightened risk is particularly acute in overcrowded and unsafe living conditions in evacuation centers and temporary shelters. Women in rural communities face additional due to limited access to healthcare, economic resources, social services, and secure shelter. Addressing these gender-specific vulnerabilities is crucial for ensuring the right to health for all Fijians. We recommend that Fiji incorporate gender-sensitive approaches in its disaster response plans. This includes targeted health programs, supporting organizations providing these services, and secure shelter options for women and girls affected by climate change[28].
22. We therefore encourage Fiji to prioritize the Right to Health as part of its climate action strategies.
V. The Right of Self-Determination
23. The right of Self-Determination is a cornerstone of international human rights law. Article 1 of the UN Charter expressly affirms the principle of self-determination as a purpose of the UN Charter, i.e., “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.”[29]
24. Similarly, common Article 1 of the ICCPR and ICESCR recognizes the right of all peoples to self-determination, encompassing a broad spectrum of subsidiary rights, including social, cultural, and economic entitlements: “All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”[30]
25. Small island developing states, or large ocean states, like Fiji are particularly vulnerable to the existential threats posed by climate change, with rising sea levels encroaching upon their territories and jeopardizing the very foundations of their existence.[31]
26. Climate change threatens the realization of these rights, as environmental degradation results in endangering human life, and undermining of essential resources such as food, water, and health systems. The ability of peoples to exercise sovereignty over natural resources is fundamentally compromised in the face of environmental degradation, impeding their capacity to enjoy suitable standards of living.
27. We encourage Fiji to explore how the Right of Self-Determination of its people has been infringed by high-emitter states. Under Article 1 of the ICCPR and ICESCR, all states must promote the self-determination of all peoples and refrain from interfering in other states' internal affairs[32]. Given that Fiji is not responsible for the climate change impacts threatening its people, it should consider seeking reparations for breaches that have led to loss of territory and resources[33].
28. Fiji must ensure that its critical resources, including water and marine resource rights, remain protected and uncompromised. These resources should be used in the best interest of its people, upholding the right of self-determination and the related principle of permanent sovereignty over natural resources. Investment and/or third-party contracts that exploit such resources in an unsustainable way, or to the detriment of people in Fiji, may be a breach of the self-determination of the people of Fiji.
29. Indigenous and islander communities face the threat of forcible displacement and relocation, leading to the loss of personal and cultural identity, including the loss of severed ties with ancestral lands. States’ obligations to uphold the right to self-determination encompass the preservation of the natural environment and the mitigation of climate change impacts to ensure the continued enjoyment of subsidiary rights by all peoples. Failure to address climate change effectively not only jeopardizes the physical and cultural integrity of indigenous and islander communities but also undermines the very essence of self-determination.
30. Climate change profoundly impacts the rights of indigenous peoples in Fiji, concerning land ownership, relocation, and ethnic tensions. The Fijian indigenous concept of Vanua encapsulates the interdependence of physical, social, spiritual, and economic elements tied to the land.[34] Land holds immense cultural significance, shaping the identity and well-being of indigenous communities. Involuntary climate-induced displacement in Fiji can threaten traditional livelihoods and cultural heritage, highlighting the human rights impacts. In addition, the deep connection that indigenous iTaukei have with the Vanua and their ancestral roots, has also resulted in a strong desire among communities to remain in their traditional lands, despite the potential risks[35]. We recommend that Fiji, in addition to its Standard Operating Procedures for Relocation, explores ways to acknowledge and support voluntary immobility for those who choose to remain in vulnerable areas.
31. Climate-induced mobility equally threatens to disrupt the ethnic balance and exacerbate land ownership conflicts.[36]The iTaukei are the major ethnic group native to Fiji make up for more than half of the Fijian population and own 87% of the land in Fiji[37]. Indo-Fijian communities, who arrived in Fiji as indentured labourers under British colonial rule, are an ethnic minority and are only able to lease indigenous land. The planned relocation of iTaukei communities inland could exacerbate insecurity for Indo-Fijian settlements. Moreover, there is also disparity in mechanisms for requesting relocation between iTaukei and Indo-Fijian communities. Overall, the possibility of forced displacement poses a threat to the livelihoods of Indo-Fijian communities, especially in rural areas dependent on leased land.[38]Climate change exacerbates existing discussions and tensions over land ownership between iTaukei and Indo-Fijian communities. We encourage the Fiji government to continue to engage in land ownership discussions, protecting the needs of all Fijians in their current and future livelihoods.
32. As communities grapple with the need to move, equitable solutions are needed that protect indigenous rights to self-determination and address inequities over land ownership.
VI. Recommendations
33. We commend Fiji for its bold leadership in combating climate change and its progressive environmental policies. However, further efforts are necessary to mitigate the escalating climate crisis and its impacts on the Fijian population.
34. We acknowledge Fiji’s financial constraints in implementing climate change strategies. We urge Fiji to engage in international advocacy to hold high-emitter states accountable for their contributions to climate change. Seeking reparations for the loss of territory and resources can further support the rights and sovereignty of the Fijian people.
35. We recommend that Fiji prioritize the protection of the Right to Life by enhancing environmental protection and climate action. This includes investing in resilient infrastructure, improving disaster preparedness, and ensuring sustainable use of natural resources to protect critical ecosystems and livelihoods.
36. Prioritizing the Right to Health requires enhancing Fiji’s health infrastructure and addressing the socio-economic determinants exacerbated by climate change. This includes investing in mental health services, particularly in post-disaster settings, and improving infrastructure and social services in informal settlements. We recommend incorporating gender-sensitive approaches in disaster response plans to address the heightened risks of gender-based violence.
37. We recommend that Fiji ensure the Right of Self-Determination by protecting and sustainably using natural resources. We commend Fiji's efforts in standardizing relocation procedures and urge the government to acknowledge voluntary immobility for indigenous communities. Addressing land ownership issues between iTaukei and Indo-Fijian communities is crucial for equitable future solutions.
[1] World Bank Group, ‘Climate Risk Country Profile: Fiji’, 2021, <https://climateknowledgeportal.worldbank.org/sites/default/files/country-profiles/15854-WB_Fiji%20Country%20Profile-WEB.pdf>.
[2] Government of the Republic of Fiji, Ministry of Economy, ‘Fiji Low Emission Development Strategy 2018–2050’, 2018a, <https://unfccc.int/documents/193323>.
[3] Edwards, R., Nguyen, T., & Prakash, K. (8 June 2024). Fiji fights for brain gain amid wave of emigration. East Asia Forum. Available at <https://eastasiaforum.org/2024/06/08/fiji-fights-for-brain-gain-amid-wave-of-emigration/>
[4] Pacific Islands Forum Secretariat. (2024). 2050 Strategy for the Blue Pacific Continent. Available at <https://forumsec.org/2050>
[5] Statement of United Nations Special Rapporteur David R. Boyd on the conclusion of his mission to Fiji. (17 December 2018). https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23964&LangID=E
[6] SPREP. (3 December 2023). Fiji calls for herculean effort on climate finance, including Loss and Damage Fund. Available at <https://www.sprep.org/news/fiji-calls-for-herculean-effort-on-climate-finance-including-loss-and-damage-fund>
[7] U.N. Human Rights Committee, Views adopted by the Committee under article 5(4) of the Optional Protocol, concerning communication No. 3624/2019 (Daniel Billy et al v. Australia), UN Doc. CCPR/C/135/D/3624/2019 (22 July 2022), ¶ 8.3.
[8] U.N. Human Rights Committee, ‘General Comment No. 36: Article 6: the right to life’ UN Doc. CCPR/C/GC/36 (3 Sept 2016), ¶ 26.
[9] U.N. Human Rights Committee, ‘General Comment No. 36: Article 6: the right to life’ UN Doc. CCPR/C/GC/36 (3 Sept 2016), ¶ 62.
[10] Statement of United Nations Special Rapporteur David R. Boyd on the conclusion of his mission to Fiji. (17 December 2018) <https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23964&LangID=E>
[11] UN OCHA. ‘Fiji: Tropical Cyclone Winston – Evacuation Centres (as of 24 Feb 2016)’. Available at <https://reliefweb.int/sites/reliefweb.int/files/resources/fiji_viz_2016feb23_ocha_snapshot.pdf>.
[12] Fiji Government, ‘Fiji Post-Disaster Needs Assessment: Tropical Cyclone Winston, February 20, 2016’ (2016). <www.sheltercluster.org/sites/default/files/docs/post_disaster_needs_assessments_cyclone_winston_fiji_2016_online_version.pdf>.
[13] U.N. General Assembly, The Human Right to a Clean, Healthy and Sustainable Environment, A/RES/76/300 (28 July 2022).
[14] UNHRC, Resolution adopted by the Human Rights Council on 8 October 2021: The human right to a clean, healthy, and sustainable environment, HRC/RES/48/13 (8 October 2021).
[15] Government of the Republic of Fiji, Ministry of Economy, ‘Fiji Low Emission Development Strategy 2018–2050’, 2018a, <https://unfccc.int/documents/193323>.
[16] Leckie, S., ‘Using human rights to resolve the climate displacement problem: The promise of the Peninsula Principles’, in S. Leckie and C. Huggins (eds), Repairing Domestic Climate Displacement: The Peninsula Principles (London: Routledge, 2016), pp. 1–15, <https://doi.org/10.4324/9781315687094-1>
[17] Internal Displacement Monitoring Centre (IDMC), ‘Country profile: Fiji, 2008–2021’, 2021, <https://www.internal-displacement.org/countries/fiji>.
[18] Statement of United Nations Special Rapporteur David R. Boyd on the conclusion of his mission to Fiji. (17 December 2018). https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23964&LangID=E
[19] Republic of Fiji. (2023). Standard Operating Procedures for Planned Relocation in the Republic of Fiji. Available at <https://fijiclimatechangeportal.gov.fj/wp-content/uploads/2023/04/Standard-Operating-Procedures-for-Planned-Relocation-in-the-Republic-of-Fiji-1.pdf>
[20] UNFCCC. (2023). Case Studies: Fiji and Solomon Islands. Available at <https://unfccc.int/sites/default/files/resource/Case_studies_Fiji_Solomon_Islands_UUSC.pdf>
[21] UN Committee on the Rights of the Child (CRC) ‘Decision adopted by the Committee under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, concerning communication No. 104/2019’ (Sacchi et al. v. Argentina) (11 Nov. 2021) UN Doc CRC/C/88/D/104/2019 paras 10.7, 10.9, 10.12.
[22] Pacific Islands Students Fighting Climate Change. (2024). ICJAO Campaign. Available at <https://www.pisfcc.org/icjao>
[23] U.N. Committee on Economic, Social, and Cultural Rights, General Comment No. 14, The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights) (2000), ¶ 4.
[24] Chang, O. (2011). Mental health care in Fiji. Asia-Pacific Psychiatry, 3(2), 73-75. <https://www.researchgate.net/publication/261532390_Mental_health_Care_in_Fiji>.
[25] CDA Collaborative Learning Projects. (2023). Fiji Case Study. Available at <from https://www.cdacollaborative.org/wp-content/uploads/2023/07/Fiji-case-study-BRIEF.pdf>.
[26] Presterudstuen, G. H. (2023). Paradox and Pity: What We Can Learn From Fiji’s Urban Squatter Settlements. The Journal of Pacific History, 59(2), 240–254. Available at <https://doi.org/10.1080/00223344.2023.2254439>.
[27] Internal Displacement Monitoring Centre. (2023). Ba Town Briefing Paper. Available at <https://api.internal-displacement.org/sites/default/files/publications/documents/Ba_Town_Briefing_Paper_Final.pdf>.
[28] UN Women. (2014). Gender Equality in Climate Action and Disaster Risk Reduction. Available at <https://www.uncclearn.org/wp-content/uploads/library/unwomen701.pdf>
[29] U.N. Charter, Art. 1.
[30] International Covenant on Economic, Social and Cultural Rights (11 December 1966), Art. 1, ¶ 1.
[31] Tekau Frere, Climate Change and Challenges to Self-Determination: Case Studies from French Polynesia and the Republic of Kiribati, 129 YaleLawJ (2020).
[32] UN Human Rights Committee ‘CCPR General Comment No. 12: Article 1 (Right to Self-determination) The Right to Self-determination of Peoples’ (13 March 1984) <https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCCPR%2FGEC%2F6626&Lang=en> para 6.
[33] Dave-Inder Comar, ‘Protecting the territorial and resource dimension of self-determination from climate change impacts’ (2024) 8(1) CatólicaLR 35.
[34] Batibasaqa, K., Overton, J. and Horsley, P., ‘Vanua: Land, people and culture in Fiji’, in J. Overton and R. Scheyvens (eds), Strategies of Sustainable Development: Experiences from the Pacific (London: Zed Books, 1999), pp. 100–6
[35] Yee M, McNamara KE, Piggott-McKellar AE and McMichael C (2022) The role of Vanua in climate-related voluntary immobility in Fiji. Front. Clim. 4:1034765. doi: 10.3389/fclim.2022.1034765
[36] Batibasaqa, K., Overton, J. and Horsley, P., ‘Vanua: Land, people and culture in Fiji’, in J. Overton and R. Scheyvens (eds), Strategies of Sustainable Development: Experiences from the Pacific (London: Zed Books, 1999), pp. 100–6
[37] iTaukei Land Trust Board. (2023). Opportunities to Invest. Available at <https://www.tltb.com.fj/Foreign-Interest/Opportunities-to-Invest>
[38] Brookbanks, A., Chand, A. and Thomas, E., ‘Is planned relocation a viable solution to climate change adaptation policy in Fiji? Climate Change Adaptation in Post-Disaster Recovery’, Policy Brief No. 7, Asia-Pacific Network for Global Change Research, September 2019, <https://www.apn-gcr.org/publication/is-planned-relocation-a-viable-solution-to-climate-change-adaptation-policy-in-fiji-climate-change-adaptation-in-post-disaster-recovery-policy-brief-7-in-english-and-fijian>.
Link on the United Nations System
Universal Periodic Review Fourth Cycle - Fiji - Reference Documents on the United Nations System