- Laws of Fiji

[CLI 77] Relocation of at-risk communities77

(1) The Minister, with the support of the Fijian Taskforce on Relocation and Displacement, is responsible for relocating and supporting at-risk communities in accordance with the following objectives—

(a)to allow for the orderly, respectful and dignified relocation of at-risk communities;
(b)to provide for a minimum standard of protection and assistance to persons at risk of, or affected by, disasters and climatic change, including the most vulnerable persons and taking into consideration the special needs and circumstances of persons living with disabilities, the elderly, sick, women and children;
(c)for planned relocations, provide a coordination mechanism to enable all affected stakeholders to participate in decisions affecting communities;
(d)to relocate at-risk communities only when other adaptation measures as set out in the NAP have been exhausted;
(e)to relocate at-risk communities only with the full free and prior informed consent of the communities, following inclusive and gender responsive consultation and participatory processes;
(f)to ensure that relocation sites—
- (i)are on land that is least vulnerable to climate change impacts and capable of supporting the current and future needs of the at-risk community and any existing or host communities; and
- (ii)have similar or better housing, infrastructure, social infrastructure and other social and financial support systems, employment opportunities than the community from which persons were relocated, and can meet the current and future sustainable development needs of both the existing or host community and the at-risk community that is to be relocated to that site;
(g)if an at-risk community is relocated to land that supports existing communities, the rights and concerns of those existing or host communities are taken into account and respected;
(h)where possible and desirable, infrastructure is relocated from the at-risk community to the relocation site;
(i)relocation is to be non-discriminatory; and
(j)the adoption of approaches which—
- (i)are human-centred including prioritising community needs from the bottom up;
- (ii)support the continuation of livelihoods;
- (iii)are human rights based; and
- (iv)are pre-emptive.

(2) Prior to the Minister making a decision on relocating at-risk communities, the Fijian Taskforce on Relocation and Displacement must—

(a)consult affected persons or communities and communicate the rights of those persons or communities and the scientific and policy justification for the proposed relocation;
(b)conduct a public hearing whereby the affected persons or communities have the right to legal representation; and
(c)provide a record of all views raised during the consultations and public hearing to the Minister.

(3) When conducting consultations and public hearings, the Minister must encourage the participation of vulnerable persons or communities and ensure that their views are taken into account.

(4) When making a decision whether or not to relocate an at-risk community, the Minister must—

(a)take into account all views raised during the consultations and public hearing;
(b)take into account any recommendations of the Fijian Taskforce on Relocation and Displacement;
(c)consider the availability of appropriate financial resources to facilitate relocation;
(d)ensure that the decision is consistent with, and following the processes and requirements established under, the Fijian Planned Relocation Guidelines and any supporting standard operating procedures; and
(e)ensure that the decision is consistent with the principles in subsection (1).