Fiji’s New Bill Seeks to Return Indigenous Control Over Coastal Waters and Iconic Surf Breaks

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During a development regarding landmarks in this month, the Fijian government introduced legislation which mainly aimed at the restoration of traditional indigenous rights over its coastal waters and world-famous surf breaks. This marks a significant shift in the areas of marine governance, which revolved around both its local culture and international tourism.

For decades and years, the vibrant reefs and rolling surf of places like Cloudbreak, off Tavarua Island, have acted as global magnets, though their management has been fraught with controversy. Prior to 2010, by holding exclusive access rights to these prized waves, foreign-owned resorts drastically limited local participation in a sport that is deeply tied to indigenous identity.

This, however, changed under then-prime minister Frank Bainimarama’s military-led government, which endorsed a surfing decree in 2010 that abolished exclusivity deals and opened reef access to all. While this attracted more visitors and helped Fiji’s reputation as a premier surf destination, it also stripped traditional owners of decision-making authority and economic benefits tied to their ancestral waters.

In the present, with the introduction of the Commercial Use of Marine Areas Bill 2025 to parliament in December, the current government in Fiji, which is led by Prime Minister Sitiveni Rabuka, seeks to return governance of customary marine areas (qoliqoli) to Indigenous iTaukei communities. This act would allow local groups to enter lease negotiations as well as receive compensation for tourism and fishing for the use of reefs and coastal waters.

Deputy Prime Minister Viliame Gavoka, who also is a tourism minister, described this act as a chance to ensure that “our Indigenous communities are part of tourism in a big way.” Supporters and advocates view the change as a long-overdue correction that honours cultural heritage and fosters more equitable economic participation for rural iTaukei families, many of whom still live in poverty despite the boom in tourism revenues.

However, the proposal has drawn concern from some tourism stakeholders regarding implementation details, potential costs, and the effects on business models. With consultations set to continue into the new year, Fiji faces the challenge of balancing customary rights with its vital as well as critical tourism industry.

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