Fiji is preparing to introduce landmark legislation aimed at restoring long-standing Indigenous iTaukei rights over its renowned marine areas, including iconic surfing reefs such as the world-famous Cloudbreak, heralding a significant shift in how the island nation manages its coastal resources and tourism economy. The move seeks to reverse decades of policy that, while opening access to international visitors, sidelined the traditional custodians of Fiji’s seas and left many Indigenous communities without a meaningful share of the economic benefits derived from these natural assets.
For generations, Indigenous Fijians, known as the iTaukei, have viewed the ocean not only as an economic resource but as a core part of their cultural identity and spiritual heritage. Under customary law, qoliqoli — traditional marine areas — were governed by local communities, who held rights over fishing grounds and coastal waters that sustained their livelihood and cultural practices. However, this deep connection was progressively eroded over the years by colonial and post-colonial governance systems that placed control of these areas in the hands of the state or commercial interests.
A controversial turning point came with the Regulation of Surfing Areas Decree 2010, introduced during the military regime of then-leader Frank Bainimarama. The decree abolished exclusivity deals that previously granted luxury resorts private access to surf breaks like Cloudbreak, and codified government authority over all surfing and marine areas, effectively eliminating customary rights and excluding many Indigenous Fijians from decision-making and revenue streams tied to tourism. While this liberalisation opened up Fiji’s waves to a global audience — contributing to a surge in surf tourism and producing internationally recognised surfers — it also deepened perceptions of injustice among local communities.
Now, under the leadership of Prime Minister Sitiveni Rabuka’s government, Fiji is seeking to correct those historical imbalances by introducing the Commercial Use of Marine Areas Bill 2025, complementing broader efforts to affirm Indigenous rights. The new legislation, endorsed by cabinet and due to be tabled in Parliament, would repeal the 2010 decree and establish a framework to return governance and commercial negotiating rights over qoliqoli back to Indigenous owners. Importantly, it would allow local communities to negotiate leases, receive compensation from tourism operations, and play a central role in managing reefs, fishing grounds and other marine resources long used by both locals and visitors.
Government officials have framed the bill as a necessary step toward economic inclusion, sustainability and justice for Indigenous peoples, aligning domestic law with international norms including the United Nations Declaration on the Rights of Indigenous Peoples. They argue that giving customary owners a stake in tourism revenues will help address rural poverty, strengthen cultural identity, and ensure that the benefits of Fiji’s booming tourism sector are more evenly shared.
The move comes at a time when tourism remains vital to Fiji’s economy, accounting for a significant portion of gross domestic product and attracting hundreds of thousands of visitors each year. Yet the initiative has generated debate among stakeholders. Some tourism operators and investors have expressed concerns about the lack of clarity on implementation details, potential cost increases for businesses and travellers, and how disputes over custodial rights might be resolved. Critics warn that new governance arrangements could complicate existing leases and introduce uncertainty into the industry that has become central to Fiji’s economic growth.
Supporters, including Indigenous leaders and rights advocates, view the bill as a historic corrective that honours traditional custodianship while opening pathways for community-led development. They argue that integrating customary governance into modern tourism frameworks will foster more sustainable practices and enhance local participation across the sector. As Fiji’s Parliament prepares to debate the bill, the nation stands at a crossroads between preserving its cultural heritage and navigating the commercial imperatives of the global tourism market.
