HON. SENATOR RATU K. TAUKEINIKORO.- Mr. President, Sir, I rise in support of the motion before the House. The motion, Sir, is very clear and very significant to the Fijians as a whole. Sir, in context it is quite broad and would be very difficult to cover all the aspects, however, I congratulate my tauvu for bringing this motion which I think is well overdue.
There are some points I would like to raise on this motion. I will not touch on the case of the workers of the Vatukoula Gold Mines most of whom I am related to. They have been without work for almost over 12 years now, and I really do not know who is to be blamed; whether it is the Government or the court system in this country, but it has to be resolved.
What I would like to touch on, Sir, is part of the motion, which reads:
"... improving the social and economic well-being of resource owners and mining communities ..."
I will touch mainly on the resource owners.
The 1997 Constitution is silent on the royalties. Perhaps I should read it to you to really comprehend what I am saying.
Section 186 sub-section (4) says, and I quote:
"A law fixing amounts under subsection (3) must require that account be taken of:
(a) any benefits that the owners are likely to receive as a result of the mineral exploitation;
(b) the risk of environmental damage;"
It does not say how much, even though we have been informed that we are going to get some share from the royalties. I do not really know. It is not clearly stated in the Constitution, so my first proposal is if we want to try and enforce the affirmative action for Fijians' participation in business, then it must be written in black and white - the landowners' share? It should not be less than 20 per cent, it should be more. If you could allow me to speak in Fijian, Sir.
Sa vakaraitaki saka ena Bose Levu Vakaturaga ni sa suka mai na taukeni ni yau bula kei nai qoliqoli. Oqo saka e dua na vanua me veisautaki me rawa ni vakavatukana saka kina na kena taukeni dina na i yau bula e tu e loma ni qele vata kei na kena vakadeitaki me vaka eso na veitiki ni qele e tu me vakataki Vatukoula ka sega saka tu ni kilai vakamatata se o cei nai taukei ni qele dina. E sa tu na vakatutu era cakava saka tu na veimataqali e okati saka tiko kina na Gone Turaga na Tui Tavua. Sa dodonu saka me vakamatatataki baleta na veitikini qele kece saka e tu e Viti, era a taukeni saka tu. E sega ni dua na tiki ni qele e sega ni taukeni, ia na taro levu saka ga e tiko, se nai votavota cava e gole tiko vei ira nai taukei ni qele koya e dodonu me ra a vakaivotavota kina. Au vakaraitaka saka toka ni ka kece saka oqo ni na veisautaki ga na Constitution ena rawa ni qai walia na leqa.
E na dua na veitalanoa e caka saka tiko, e tukuni saka tiko vei keitou me na rua na veimama na pasede na royalty me soli saka vei ira nai taukei ni qele. Mai na rua veimama na pasede qo, qai tikici e dua na kena i wase. Au sega saka ni kila na tikici saka oya se vica saka; se dua na dola, rua na dola, se vica saka na dola? Na kena lekaleka saka ga ni na vakatau saka ga vei ira era veiliutaki tiko ena gauna oya nai wasewase era na solia vei ira nai taukei ni qele. Oqo saka e dua nai wase ni vakatutu e vakaloloma ka sa dodonu me veisautaki saka.
Kevaka e gadrevi saka me da cici vakavinaka e na qara ni koula se veiqara ni kopa, vakabibi mai Namosi, vakakina vei iratou na nodatou vua na turaga na Tui Wailevu, e sa dodonu saka na kena vei iratou na gone turaga nai taukei Natalau mai Sabeto, sa dodonu me matata vinaka saka ena gauna oqo nai wasewase ni share me soli vei ira nai taukei ni qele.
E dodonu me free equity se free share. Nai yau saka qo, na koula, na kopa se na waiwai se cava tale ena kune ena dua na qele e Viti, na marble me vaka saka eso na veiyasai Viti e sa kune saka tiko kina. Nai yau e sega ni vure tiko se sustainable, e sa vakayagataki ga, sa oti sara vakadua. Sa dodonu saka me dua na lawa me tiko, kevaka e dua saka na kabani e via cakacakataka nai yau bula saka oqo, nai matai me solia saka na share vei ira nai taukei ni qele. Oqo saka e sega walega ni tukuni me na kocovi saka kina nai yau, sega, oya na nodra dodonu saka nai taukei ni qele. Sa na rawa saka talega ni taqomaki kina na kabani oya ena veigauna mai liu ni ra kila tiko nai taukei ni qele ni ra vakaivotavota saka talega kina.
Sa dodonu saka me dua na lawa me tiko kevaka e dua na kabani e via cakacakataka na yau bula oqo.
Matai, me soli na share vei ira na taukei ni qele. Oqo saka e sega wale ga ni tukuni me kocovi kina nai yau, oya na nodra dodonu na i taukei ni qele. Sa na rawa talega ni taqomaki na kabani koya mai na gauna mai liu ni ra kila tiko na i taukei ni qele ni ra vakaivotavota talega vei na kabani oqo. Eda raica, saka, mai Papua New Guinea kei Solomoni na veiqara ni koula lelevu era tu mai kea sa ra leqa baleta ni sega ni dua na ka e soli vei ira na i taukei ni qele. Ka da sega saka ni vinakata me yaco i Viti na tikina oya.
Sa dodonu talega me lavaki vei na kabani ni se sega ni tekivu na kelikeli me solia e dua na i lavo. Na i lavo saka oqo me environment retention fees fund, na i lavo me tu vakawawa ena vuku ni veivakacaca ena vakayacora na kelikeli ni yaubula oqo ena dela ni qele ena veigauna mai muri.
Ni kila vinaka saka tiko na leqa e yaco mai Kasi vua saka na gone turaga na Tui Wailevu, tu saka na kabani, cakacaka ka dro sa qai tu yani na ka e vakarusa na vei uciwai mai Kasi ka sega saka ni tiko e dua na i lavo me rawa soli vei ira na i taukei ni qoliqoli, taukei ni qele ena vuku ni vakacaca saka oqo.
Ni taroga saka, kevaka sa soli saka na i wase ni qele, na cava na i votavota ni Matanitu? Na Matanitu ena vaka i votavota mai na
tax - na i vakacavacava lavaki, na income tax vei ira na tamata cakacaka era cakacaka ena qara ni koula se kopa. Au na vosa tiko ga ena copper de dua saka sa na tekivu na yabaki mai qo se yabaki tini mai oqo na neitou kopa mai Namosi. Sa dodonu me soli ga vei ira na i taukei ni qele na ka e dodonu me ra taukena, ka soli vei na Matanitu na veika e dodonu me ra taukena. Na i vakacavacava oqo e levu ni sa na soli na royalty vei ira na i taukei ni qele ka na rawa ni ra qai musuka mai kea na na nona i vakacavacava na Matanitu. Na vosa vaka Vola Tabu ka matai saka kina o iratou na mataqali eratou dabe tiko i liu; "solia vei Sisa na ka sa nei Sisa, vua na Kalou na ka e nona na Kalou', ya ena qai vinaka kina na i cicici ni noda Matanitu.
Au marautaka na i tukutuku e tabaki saka ena pepa ena mataka ni kua ena kena vakarawarawataki na vakacuru i lavo ena noda vanua. Au vakabauta na ka e cakava na Minisita ni Commerce, e dua na tikina oqo ena na vei Ministry e tu kina e so na lawa lailai, na policies, o ira saka oqo edau vakataotaka na toso. E dua saka na kena vakaraitaki na Turaga na Peresitedi, na nodatou koronivuli a dodonu me dola ena yabaki vou. Eratou solia ga na i lavo na Ministry of Education me caka kina na vale kei na veicakacaka kece, e sega saka ni dua na i wasewase ni lavo e soli me baleta na kena vakatorocaketaki, na vakacobari ni livaliva, vata kei na cakacaka ni wai. Eratou a tukuna saka, oqo na Policy saka ni Matanitu, ya saka na Policy ni Ministry. Sa dodonu na vei Ministry ni Matanitu me veisautaka na nodra vei Policy me rawa ni rawai kina na i tuvatuva ni Prime Minister e tiko oqo - na Affirmative Action. Na noda vakaitavi na i taukei ena loma ni 20 na yabaki qo e 50:50, kevaka e sega ni veisautaki na vei Policy e tiko ena vei Ministry na gauna oqo ena sega ni vakavotukana na sasaga ni SDL Government e tiko saka ena gauna oqo.
Turaga saka na Peresitedi, sa dodonu me vakadikevi talega se cava na i tutu ni taukei ena vei Matanitu tale eso ena vuku ni taukeni ni yaubula ni loma vanua.
E dua na bose au a tiko kina ni oti na coup ena 2001 mai Nadi, era a bose kina na Turaga wekaqu mai na yasayasa vaka ra. Au via vakaraitaka na veika a vakaraitaka edua na turaga ena vale ni bose. Kevaka e solia na Matanitu na veika e dodonu dina me nodra na i taukei ni qele, na koula, waiwai kei na veika e yali tu ena loma ni qele oqo i Viti ena basika. Vakalolomataki saka tiko na kawa i taukei, na vanua oqo ena vakavuna na tiko na nona dravudravua na Matanitu. Au vakabauta saka vakalailai na tikina era vosa tiko kina na Turaga oqo.
Sa kani marau saka kina na kena lako mai na mosoni oqo ena kena mai vakadikevi vinaka kina na veika me baleta na yau bula e tu e loma ni qele kei na wasawasa.
Na kena i otioti ga, au gadreva meu vakaraitaka kevaka saka e dua na turaga se marama e vosa ena Vale ni Bose oqo sa dodonu me soli vua na dodonu me vosa. Ko ya saka ga na i otioti ni noqu kerekere vei iratou na noqu tokani gole saka mai na Bose Levu Vakaturaga ni yacova saka mai e dua na vakatagedegede, sa raba i levu na noda rai ka levu tale ga na ka e da vakila ni sa dodonu kevaka e dua e gadrevi me vosa ena loma ni vale saka oqo sa dodonu me soli vua na galala me vosa vakavo ga kevaka o ni vakatulewa saka kina.
Mr. President, Sir, with that short contribution, I support the motion before the House.
HON. SENATOR J. KALOU.- Mr. President, Sir, I also rise to support of the motion before the House. Firstly, I would like to congratulate the honourable Senator Ratu Maivalili, the mover of the motion and Great Council of Chiefs' Members in the Senate.
This was the understanding when my colleague the honourable Senator Dr. Emberson-Bain's motion on Vatukoula was defeated last time. I am happy that the motion i now before the House and it is very thorough. The wording of the motion is quite clear to all of us. I hope, Mr. President, Sir, that the formation of this Committee would result in the solution to the problems in Vatukoula which have been on going for quite some time.
I would also like to touch on the second half of this motion. The Committee is to carry out an investigation taking into account also the findings of the court on the Vatukoula mines, to determine the means of improving the social and economic well being of resource owners, mining communities and maximising revenue returns to Government and to make recommendations to this House in six months, that is the work of the ad hoc Committee.
Mr. President, Sir, as far as the resource owners are concerned, I happen to know the case of the Nasomo Village fairly well because I had started to follow that case since 1987 when we went and met in a Bure in the village. However, three weeks ago I went there again, I was surprised to see that they now have a big hall for a meeting place and during the discussions I found out the problem that this particular group of indigenous landowners have been suffering all the time. It actually casts a slur on other institutions that are around. For example, they look at the Native Land Trust Board as a body that stops them from getting the title of the land. They should have received the title of the land but there has been a delay.
Sir, when I went there three weeks ago, they were expecting the title finally the following week but I do not know whether they have got the title of the land now or not. They are owed quite a lot of money and I hope that this Committee will look into those sorts of issues to find out at first hand what the problem is and how we can sort that out.
Sir, we have also been educated with the welfare of the workers who have been on strike for the last 12 years, so it makes me happy that the motion is worded in such a way that this Committee can do its work very well. Perhaps, the only thing we can worry about first is the resource material that the Committee has got to be well versed with before it starts with its work.
Mr. President, Sir, I congratulate Government on this occasion. I also congratulate the honourable and learned Attorney-General, the Leader of Government Business, the Deputy President and all the senior Members of the party for their decision on this case because I think it is a wise one.
Sir, I thank them for agreeing, which perhaps will enable us to carry out what I feel is the work of the Senate and that is, we should try and use the ad hoc Committee's availability in the Standing Order. Sir, finance is our only constraint but if the money is there in our budget for this sort of work, then we should look at the problem areas and carry out the necessary investigations so that we could understand the real problems and then raise them in this House.
Sir, in congratulating the honourable and learned Attorney-General on this case and Government, I would like to request (I can see that he is not here) him to try and speed up all the important cases, for example in the G.P. Lala case because I feel he is the only one who can assist us because whatever his discussions with the courts would carry a lot of weight since he is the Attorney-General and Minister for Justice. I would like to request him because G.P. Lala's Award has been in the courts for eight years now and that is quite a long time when you are tying to sort out human rights, problems of people and particularly in this case, the indigenous people and their families. Sir, I think if you sort out indigenous people's problems, then that is the best way you can demonstrate the Affirmative Action.
Sir, I would also like to request the honourable and learned Attorney-General to be fair to the honourable Senator Dr. Atu Bain (especially when she is not here) to defend herself. The honourable Senator and her family had made great contributions to our country.
Sir, once again, I would like to thank the Government, perhaps, this is the first time when all Members of the Senate would agree, that is by the way the contributions are presented. I can feel that in this case, we will all agree which is a very good sign. Sir, just coming to the festive season, this is a very good sign for the Upper House in our Parliament.
Mr. President, Sir, I would also like to congratulate my fellow colleagues who are nominees of the honourable Leader of the Opposition for their contributions towards the motion and I would like to thank them for supporting this motion so that we could go together as a group and progress.
Finally, Mr. President, Sir, I would like to end by quoting from the Holy Bible, John 3:16 says and I quote (the famous Bible quote):
"For God so loved the world that He gave His only begotten son, that whosever believeth in Him should not perish but have everlasting life."
As we approach the birth of God's begotten Son, Jesus Christ, let us as Members of the Upper House show God's love, peace and joy by showing solidarity and love for each other as God wants us to be.
I therefore, Mr. President, Sir, would like to end by wishing you and your family, all honourable Senators and their families, the Secretary-General, Secretary to Senate and their families, families of all officers and employees of Parliament and their families, a Merry Christmas and a prosperous, enjoyable and a successful 2004. May the Almighty God richly bless you all.
HON. SENATOR PROF. A. RAVUVU.- Mr. President, Sir, I have been trying to speak since yesterday but somehow your eyes have been strayed by other ends; not female, of course.
Mr. President, Sir, I would like to say a few words in relation to the mining industry. I think a lot of us know that when the Colonial Government came into the country, it was not for the development of the people as such. The main objective behind all colonialism in those days came together with mercantilism, that is merchant and capital in order to exploit the resources of a country for the metropolitan markets back home in Great Britain or wherever.
Mr. President, Sir, this colonial legacies are still remaining ever since, even after Independence. The rules, the laws, the regulations are still there holding our hands down all the time. I was a small boy when I heard about the Vatukoula Goldmine, the sugar industry, the copra industry, there were these industries established by outsiders, not by the local people or even the local people to be encouraged to own it. It is fortunate the sugar industry has taken a lot of commissions to allow it to come back to the people of Fiji, like the Lord Denning Commission. The mining industry in Fiji has been an industry that is fluctuating every time. Now and then, we hear that there is not enough gold or there is not enough copper, we will wait.
HON. SENATOR RATU K. MAIVALILI.- All lies!
HON. SENATOR PROF. A. RAVUVU.- These are all lies and commercial techniques of discouraging the aspiration of the local people in demanding more for what they really deserve.
At Independence, Mr. President, Sir, our hands were still tied down with all these rules and regulations which were created for the control of the native owners of this land in order to exploit their resources freely by outside companies.
We have acquired that mentality all along now the colonial mentality. Why? Because our leaders have been groomed to have that kind of mentality and we continue with the economic myths that we are developed.
Mr. President, Sir, a regulation that the Colonial Government introduced in those days and still hanging over our heads today is the Public Land Policy. This policy allows the government to take any piece of land for the excuse of State use without the agreement of the landowners but they have to compensate. So, Vatukoula is in that category. It is one of those areas that has been taken by the authorities of the Colonial Government at that time for the sake of developing the country which in fact, the exploitation of the resources extracted to be used overseas in metropolitan countries or where we belong at that time.
Mr. President, Sir, I said this that some of these regulations are still existing and holding back the Fijian landowners. We heard a lot of court cases in relation to government buildings and schools not being leased because of that Public Land Policy. We need to relook at that Public Land Policy whether the compensation has been really going to the landowners or not. Sir, I hope Vatukoula is within that category.
Sir, the other thing that is tying our hands down ever since independence, is the conventions or international conventions which was signed by the British Colonial Government then and at independence, we did not change it. We just follow suit. Again, it is the colonial mentality that has continued all along and we have not got away from it. Our leaders must learn to see that we are no longer a colony, we are a free people. We need to decide for ourselves what is good for the country and what is good for our people.
Sir, we are still depending a lot on rules and regulations even the economic myths that economic growth will gives us more in the future but we have been developing for several hundred years now and we have not seen economic growth. All that we have seen is people are finding it difficult to survive in a situation where they are not in control of the market economy.
Sir, we are now being complying to a number of regulations and laws which were created in those times during the colonial period for the exploitation of our resources and for control of the landowners or the Fijian owners not to go against the Government at that time. Those laws are still existing, stopping us from demanding what we rightly deserve. We need to change some of these laws, Mr. President. I think the Law Commission is very slow and we need to quicken some of these changes and that can only be done by increasing the manpower, the knowledge and the stand in the legal fraternity. If we do not do that, we will not be able to have the benefits that we are looking for and that includes changing the Constitution.
At the moment, the landowners do not own anything below six feet under the ground. How can we have money from the gold mine and copper mine if we are still disallowed the ownership of the mineral resources underneath six feet? These are colonial regulations that need to be looked and be changed. The colonial Government created problems for us. They even wanted to own the seashore and reefs, when it merely belongs to the Fijian owners, and the same thing they did with underground minerals. This is because they were the coloniser and they colonised our country, not for our own development but for the exploitation of the resources to be taken back home, and they still continue to do that. Some of these companies like the Emperor Gold Mine Company, the Mount Kasi Mine and very soon the Copper Mine in Namosi are practising the same thing; colonialism or commercialism!
We need to look at all these things, Mr. President, Sir. We need to change the constitution to bring back the ownership of the land underneath the ground and underneath the ocean, including the coastal reefs. The 1990 Constitution brought that back but unfortunately, it has been reverted and thrown upside down by the 1997 Constitution. Sir, we ask the question of why we are having a lot of problems in this country. It is because we are not giving serious consideration to the aspirations and needs of the indigenous people of this country. We need to return this ownership before we can get the benefits and I am sure, until we get the ownership, we will be struggling against the odds because the regulation says that we do not own anything under six feet from the ground. That is why we can only dig our graves six feet and that is it. We are allowed to do that, not below that.
Sir, the leasing of the land is very important and the landowners of the mining industries, I am not too sure but my tauvu here will clarify about Mount Kasi, how much rent they get from that place. The rent is only on the top ground not for the mineral underneath.
Sir, we need to look all these rules and regulations created by the Colonial Government for their own purpose. They have gone, but we are here and still continuing with it. We are suffering, we know it because our leaders as I said, are being trained in the colonial mentality and still have the colonial mentality. They think the people are still to be subordinates which is the authority used everywhere. I hope that they will really practice what is being preached in everyday democracy. They should listen to the people.
Mr. President, Sir, this investigation will be very important. It will bring to the floor a lot of things that has not been publicly investigated or being said in relation to Vatukoula. I am giving Vatukoula as an example, but we are talking in relation to all the mines that will be developed or already developed for our nation. I said that because at one stage, when I was a small boy, we used to supply food, dalo to Vatukoula every week and that is the market for our crops. Today, we do not have that anymore. The people in Vatukoula have free housing, free food rations, free government school and I still can remember that Vatukoula Government School was one of those schools that were given a lot of free things to compensate for the small salary that people received in those days.
I am sure, we are no longer in that period, we are in a different period where the cost of living is rising and everybody is demanding COLA. The civil servants are demanding COLA but the workers at the Vatukoula Gold Mine are not demanding COLA, they only demand to be treated fairly and justly, Mr. President, Sir.
Sir, we need to look at this properly, not only the problems in Vatukoula but other mines as well. I was talking to get other information from my koiciqu from Namosi. I was talking to somebody from the copper mine way back and I asked him when are they going to operate the Namosi Mine again. He replied that they are still waiting to cool off the great demand shown by the people - the great expectations. These are some of the commercial techniques and the copper is not well paid in the Northern Hemisphere so they will come down to the Southern Hemisphere to mine the copper.
Sir, every now and then we are told that gold is not enough. Government is giving all kinds of excuses and not charging any taxes because they are afraid the mine will be closed. However, I can see a problem, if we demand a lot more from the goose that lays the golden egg. We have heard that a lot of mining industries in towns of bigger countries have become ghost towns, because there is no more mining there.
What we are trying to say here, Mr. President, Sir, is that we need to really look at mining in Fiji very carefully, not to chase away the goose that lays the golden egg, because it provides us with eggs that we need in this country.
Sir, the need to review the mining industry is very important and I really support this, because the judicial review has taken too long. It has been more than 12 years and we still do not know what is happening. It is very important that deprivation of our people, not only our people, but also the Government, in relation to the revenue that is essential for the Government to operate, needs to be looked at very quickly. We seem to be giving away all the time without receiving anything in return. We are so afraid of the economic myth that if we do not have certain development, we will get poor, but all along, we are becoming poorer, because the people are smart. They exploit the resources, while we only take the piecemeal things that they give us.
Mr. President, Sir, I support the motion very strongly.
HON. SENATOR F. ANTHONY.- Mr. President, Sir, I rise to make a contribution on the motion before the House.
Sir, on the outset, let me just congratulate the honourable mover and seconder of the motion, as I believe that this motion is very significant. It is significant for the workers of this country, not only for the mining industry, but also for other industries. I believe this motion should also send a strong signal to other industries, that we in the Upper House are concerned. We are not only concerned, but are willing to act on the concerns of the workers of this country, particularly when it comes to issues of human rights, fair-play and justice for the people of this country.
Sir, I also join the honourable mover of the motion to pay tribute to the selfless sacrifices and courage of the forgotten mine workers in Vatukoula. I cannot agree more with the honourable mover when he said that this is one of the greatest injustices to be meted out against a group of workers in the history of industrial relations in this country.
Sir, Vatukoula and the mining industry has been on our minds for quite some time. We had thoroughly debated this issue in March of this year and in supporting that motion at that time, I also gave reasons why I did so. I will not repeat them, but believe that this motion is (as I have said), very significant and deserves the support of the whole House.
Having said that, Sir, I, on the outset, state that I fully support the motion before the House. If I may just very quickly give some additional reasons as to why I do so and consider it to be significant.
Sir, Sections 32 and 33 of our Constitution (which was not in place when this dispute arose some 12 years ago at the mines and still continue), does guarantee the workers of this country freedom of association and of course, the right to fair working conditions and humane treatment. All these issues are very pertinent to the mining industry. I believe that the ad hoc committee will now have the ability to ensure that these guarantees in the Constitution are well respected.
Sir, I was very encouraged last week with the honourable Prime Minister's assurance that the Government would not support employers who did not pay fair wages or treat their workers fairly. I believe that is a start to the way this country ought to be heading, when dealing with the workers of this country.
I also acknowledge the support from the Government side for this motion and I believe that is consistent with the assurance that the honourable Prime Minister gave to the nation last week.
Much has been said, Sir, about the mining industry and the tax concessions and Government assistance it has enjoyed over many years. In fact, have enjoyed ever since I can remember. I believe that it ought to be Government policy that where such concessions are given, employers ought to be forced to respect workers' rights and to comply with their social responsibilities, to the people and the communities that they work around. We will certainly see improvements in the area of social, health and environmental aspects. This approach has been adopted by many countries, even trade agreements, even the Cotonou Agreement that Fiji is a signatory to, where the compliance with core labour standards, which means the respect for workers' rights is a pre-condition to the agreement.
Sir, the honourable mover of the motion, I must say, has well researched the subject. I believe he has spoken at length on the plight of the workers at Vatukoula, particularly the workers who have been on strike for the past 12 years or so. He has said that 370 are still out on the picket line, of which 27 of the original striking workers have since died. By any measure, this is most unsatisfactory and I believe that Government has to act on this. I agree with my fellow colleague (honourable Senator Kalou), that the honourable and learned Attorney-General and Minister for Justice ought to assist in the process of trying to resolve this issue as soon as possible. The question that begs, Sir, is; how do we ever compensate the 27 people that are no longer amongst us? How do we ever compensate them for the stress, pain and sacrifices that their families and they themselves have made? I say that we can never do that, but I believe that the best way that we can acknowledge their sacrifices is to do something to correct the injustices that exist out there. Also, to ensure that these workers are treated fairly and that they are reinstated to the jobs that they held with compensation. Of course, no amount of money can compensate any family who has been out of work for 12 years or more, Sir, but I think we can go a small way to assist in that.
Sir, as I have said, this motion must also send a strong signal to other industries, that we need employers and industries to ensure that they treat people right and look after them in regard to their health. They should also take due care of environmental issues and in this regard, Sir, we have had other disputes with similar trends that we see, even in the mining industry and we have spoken about this on many instances.
Sir, like Vatukoula, some employers tend to seek redress from the courts not to resolve the issues but to prolong the issues, and to frustrate the workers in the hope that they will forget the issues and give up. We have seen exactly that in Vatukoula where this legal process which the employer initiated, has been in the courts for some eight years.
Sir, in many cases and even in the case of Vatukoula where the mover of the motion spoke at length about, the workers have had great difficulty in even getting finances to pay for solicitors to fight for their cases in Court. First of all, they are unemployed and they pay no dues to the union, Sir. They have had great financial difficulties in doing so. Likewise, as I have said, the employers in such cases tend to say that they will soon run out of money and will-power, therefore the matter will die a natural death. Therefore, I must congratulate the mover of the motion and all those who support this motion that this must not be allowed to happen and this motion is a step in that direction.
Sir, as I have said, other industries must also take due care in dealing with such issues, as this motion seeks to address. We have had some very good examples before and as we have talked about, Turtle Island is another example and particularly, to do with indigenous workers. Sir, COVAC, the road construction company, has similar circumstances and again, involving indigenous workers. Sir, we have dealt with PAFCO and I am pleased to say that we have somewhat reached a satisfactory resolution to that matter. I certainly hope that lessons will be learnt from that.
Of recent, Sir, we have had the Coral Sun in Nadi where it locked out its workers and despite an order from the Ministry of Labour that said that the lockout was illegal and the employer must, within one hour, reinstate the workers, the employer blatantly disregarded the order. This kind of treatment must not be allowed to be condoned. Again, Sir, the irony of the whole thing is that such employers are awarded with awards from the tourism industry to say that they are the best inbound tour for the last year. What a shame!
However, Sir, as I have said, I think these are some of the issues that we see is prevalent amongst the cross-section of industries. I certainly hope that they will take heed of the motion that is before the House to look at some of the issues regarding the mining industries.
Sir, we have seen that some of these companies have shown total contempt of their social responsibilities. It is not only about profiteering, but they also have their social responsibility and I believe that this motion also takes care of that aspect.
Sir, as we have said before, the mining industry does not fall within the ambit of the National Occupational Health and Safety at Work Act. We were promised by the Government that the Ministry of Mineral Resources would be looking at a separate piece of legislation, particularly for the mining industry. Unfortunately, we have not seen this legislation but we have been promised that the mining industry is in the Government's legislative agenda for the coming year, in regards to occupational health and safety at work, Sir, and that must be a cause of concern for us also.
Sir, I believe that if any industry needs the occupational health and safety at work badly, it is the mining industry because of the number of fatalities and injuries in the industry as compared to other industries in this country. I did speak on this during the last debate and I produced injury fatality reports which was tabled in the House, Sir. Unfortunately, ever since that report was tabled, we no longer had any access to any more injury reports or fatalities in the mines. It has become a big secret in Vatukoula now. This again, Sir, does not talk much about the transparency and the honesty of the employers in the mines.
I am pleased to note, Sir, that this motion does take into account the health aspect of the community as a whole, and I certainly hope that the Committee will seriously look at that and will be in a position to assist the Government in formulating a legislation that would cover the mines in the area, Sir.
Sir, over the years, as my colleague who previously spoke before mentioned about the conditions of work in the mine, Sir, quite often, we hear and I remember that 20 years ago, the Emperor Gold Mines told the nation that there was very little gold left and that the industry would probably have to close down in the next few years. Sir, 20 years down the line, we are still mining out there and not only that, we have expanded mining operations in the mines.
Sir, I believe that they are going to be there for a long time and I agree with my colleague that every time the issue of reviewing tax concessions is brought up, these sort of excuses are given to us. Apart from that, Sir, the mining industry has not only extracted much from Government but has also extracted much from the people and the workers at the mines. The last time when the price of gold fell below the US$300 mark per ounce, the workers were asked to take a pay cut because the price of gold had fallen. The workers did get a pay cut, Sir, which was, of course, repaid some two years later in installments.
Now, Sir, we have the gold price at record high. As of yesterday, Sir, the price of gold was US$409 plus per ounce but no one is talking about giving some of those benefits to the people. I believe that is crucial and must be done. Some of the benefits must go to the workers. Sir, what do we hear when the price of gold goes up? We hear that we need to invest more in the mines so that the company does not have to give to the people. But they announce another $200 million investment so that there is no case to take anything back to the people. This has been going on for too long. Sir, I believe the mining companies need to be more transparent and fair to the people now and there must also be a fair return to the workers, the landowners and to the community as a whole.
On the social aspects of this, Sir, if one went to Vatukoula 10 or even 20 years ago, and if you go again today, you will see that the housing conditions of the mine workers remain the same. There has been absolutely no improvement over the last many decades. There has been very little changes in the water problem and other amenities in the mines.
Sir, quite apart from that, the racial segregation that has been there since the colonial times, still continues in the mines. I believe these are very pertinent issues that need to be examined and I have full trust and faith in the committee, and they will look at all these aspects. I certainly hope that in our own small ways, we will be able to do some good for the people and the community at Vatukoula.
Mr. President, Sir, on the composition of the Committee, I believe some of my fellow Senators have spoken on that, I fully support that the Committee should comprise seven people and not six, so that there is a better and efficient running of the Committee. As is stated in the Standing Orders, and quite apart from that, I believe that the Chairman, since this has been initiated by the Great Council of Chiefs, ought to take the chair of this ad hoc committee and take the Committee forward. Sir, I fully support that suggestion.
Having said that, Mr. President, Sir, I fully support the motion before the House and I certainly look forward to seeing that we are able to do something to improve the conditions of the people and the communities in the mining industry at Vatukoula and other areas.
HON. SENATOR RATU J. DIMURI.‑ Mr. President, Sir, I rise this morning to lend my support to the motion before the House. It is very heartening to note that whilst the festive is descending upon us, here we are (looking around us there are celebrations and merry‑making all around), in this august House still occupying our mind with some very serious business. I believe we are closing the year with this very important motion that deals with a very important issue. For some, it has been pending for a long time now and I refer to the Vatukoula case as has been mentioned by quite a number of speakers who have spoken before me.
Mr. President, Sir, Vatukoula has had a long history and I believe we have learnt quite a lot of lessons from the operations at Vatukoula. I must also join my fellow colleagues who have spoken before me in congratulating the honourable Senator Ratu Maivalili, Turaga na Tui Wailevu, for his wisdom and foresight in bringing up this important motion. We all know that for 12 years now, 300 plus people and their families have been suffering as a result of the problem that has been confronting the Vatukoula Gold Mine. I therefore believe that although we have had a Commission of Inquiry, a lot of developments have happened which we need to know between then (1996) and now, and seven years is a long time. Here, we have a Committee, which I believe, is quite timely that will update us on the actual situation of Vatukoula today ‑ after a lapse of seven years since the Commission conducted its investigation into the Vatukoula saga.
Mr. President, Sir, it is very important, as I have said, that quite a number of lessons have been learnt from the problem at Vatukoula. I can recall, in my view, that after we attained Independence in 1970, as has been rightfully mentioned by a number of speakers, we had some companies, or some foreign multi‑national companies, that continued to operate in this country and two that come to mind is Vatukoula and the Fiji Forests Industries (FFI) in the North.
Fiji Forests Industries made a secret exit from the country last year, I believe, when they sold the shares to the Fiji Development Bank (FDB). Mr. President, Sir, the saddest thing about it all is that when they left this country, you can hardly see any substantive development or positive impact in the lives of the people whose resources were exploited by this company, particularly in the North. Their lives have remained the same right throughout. Sir, it is most unfortunate to have those kinds of companies. You have some small operators who had offered better deals than FFI (local investors) and here we have a company that came in and even managed to convince the three provinces in the North to buy shares in the company, where the CBM company formed and bought in FFI and when the left the company, CBM shares is not even worth the paper it is written on. This is the type of exploitation that we are talking about here, Sir. Not only the exploitation of our resources, it is also the exploitation of our people and this is exactly what is happening at Vatukoula.
Mr. President, Sir, I must say that I am very encouraged by this motion which seeks to establish ad hoc committee to look into the plight of our workers who have been predominantly indigenous Fijians in Vatukoula.
Mr. President, Sir, the other lesson that we need to learn (and I must congratulate the initiative that has been taken by some of our enlightened people in this country like the honourable Senator Ratu Takiveikata, in the formation of the Fiji Resource Owners Association) is that in future, probably Government needs to consider enacting a legislation that will ensure that any investor who wants to invest in this country and exploit the resources of the Fijian people, the Fijian landowners must have a shareholding component in that company. I think, in the long run, Sir, it will be good for everyone; good for the company, good for the stability of the country and it will spread the benefits of prosperity and wealth of that company all around. That is one lesson that we need to learn from Vatukoula.
Vatukoula, Mr. President, Sir, I must say, has not been operating in a transparent manner. Transparency is a problem and the honourable Senator Anthony had rightfully said that this morning. That company needs to be transparent. We need to know. We are told that all the eight shareholders are non-citizens of this country. We need to know how much gold has actually been taken out of the Vatukoula Mine and is being exported every year. These are some of the things that are being held secret and the people of this country need to know because it is a resource that is being extracted from this country. We need to know, Mr. President, Sir, how much is the State benefitting from this company? There has been a lot of things in Vatukoula that we need to know as well as the State and the people of this country.
With that short contribution, Mr. President, Sir, I would like to reiterate my support for the motion before the House.
HON. SENATOR RATU J. RAYAWA.- Mr. President, Sir, first of all before I speak on supporting this motion, I would like to thank you very much for seeing it fit to extend the time to the honourable Members to express their thoughts and opinion in relation to the motion before the House.
I need to go back to some history and I am very proud to support this motion because it comes from a chief who is traditionally related to me. The first Tui Wailevu was the first Tui Noco that came to Wailevu and settled there, and then later chose to leave Wailevu and go back to Noco.
We have the late father of this young chief here. We have a very very close relationship. After we met in Malaya, we introduced ourselves to one another, and we have been friends ever since that time. Also we are related. I am very proud of this young chief, the honourable Senator Ratu Maivalili for bringing up this motion at this time.
I was also in my young days brought up in Vatukoula. I first went to Vatukoula in 1937 when I was only seven years of age, and I knew some of the things that took place at that time. I burnt my left hand, as I had always been so mischievous then, when I leaned on one hot pipe. I left Vatukoula in 1941.
I know what the honourable Felix Anthony was talking about when he mentioned about the housing there. They have very poor housing from what I can remember when I was ten after I left, and went back later to visit Vatukoula as a preacher. I was interested to go back there to see if there was any change. I am sorry to say that there was no change, if there was, there is very insignificant change. I went back again to conduct an evangelistic service there and many of these workers that are being laid off for 12 years came to my evangelistic services. They gave their lives to the Lord Jesus Christ and we encouraged them not to do anything that is not wise that might jeopardise their freedom and going against law and I regretted the way the Gold Company treated them.
Anyway, my father was the chief secretary for Mr. Theodore, the first manager of Vatukoula. Transition times and changes took place so he was very close to the workers of the mine. As a matter of fact some members of my family are there, through him they had settled in Vatukoula. I am so very appreciative that this honourable House is now engaged in this motion.
The honourable Senator Ratu Dimuri rightly said that at this time of festivity we are here engaging ourselves in discussing issues about these workers at Vatukoula. I really support all that the honourable Senator had said as well as what the honourable Senator Ratu Dimuri and the honourable Senator Professor Ravuvu.
I came this morning because I do not want to miss any contribution, I want to hear them all. I support all that I have heard so far from the honourable Attorney-General and the Turaga Qaranivalu. I did not have the opportunity to work but these chiefs have hands-on experience on how people are treated there, so I believe being in the festive season, the angels came and said:
"Glory to God in the highest. Earth was not forgotten and the message of Christmas and on earth peace and goodwill towards men."
The work we are engaged in this morning and during this time of festivity is seeking peace and goodwill towards the workers in Vatukoula and for that matter, for any workers in Fiji that are being mistreated, we would like to record this request to the Government and the Prime Minister to act positively to the reports that will be produced by this seven-member committee. I would like to thank the honourable Members of this House who have spoken eloquently and knowledgeably concerning this matter because they have researched it properly and while supporting this motion, I repeat - "Glory to God in the highest and on earth peace and goodwill towards men."
Before I conclude, Mr. President, Sir, I would like to wish you and your family a Merry Christmas and a Happy, Prosperous and Successful New Year.
MR. PRESIDENT.- Honourable Senators, I intend to adjourn for tea now and during tea break the Members of the Senate Select Committee will be meeting in the small Committee Room.
The House adjourned at 11.25 a.m.
The House resumed at 1.10 p.m.
MR. PRESIDENT.- Honourable Senators before we continue debate on the motion before the House, we have in the public gallery, the parents and children from Yako Sunday School, Nadroga. I take this time on our behalf to welcome you. Ni bula vinaka, me kalougata na nomuni mai tiko eke. Me vakalougatataki kemuni na Kalou.
HON. SENATOR RATU K. MAIVALILI.- Mr. President, Sir, I rise to reply to the debate on the motion before the House. I do so, Sir, in thankfulness to God Almighty that it has come this far. I am also aware that the Great Council of Chiefs has visited Vatukoula and was shown facilities and development, the motion will take note of this factor.
I have brought this motion with an open mind, so that we can look at issues freely and independently from all sides in all aspects. I am not pre-judging anything at this point in time.
In the same breath, Sir, I wish to thank all the honourable Senators for making a worthy contribution for a worthy cause on the mining industry in Fiji.
The numerous people who are still out there in the picket line today do indeed need our assistance and this august House is probably their last resort. Our assistance is in my humble opinion, their last realistic hope for a solution to the insurmountable difficulties they continue to face today.
Equally, we cannot just leave the fate of the people to the due process of our system and wait for things to happen that is what we have been doing so far and 12 years have passed without any tangible outcome whatsoever. I firmly believe that it is our honourable duty in Parliament to resolve issues and move on and develop the mining industry for the betterment of our country.
If mining is to play a part in contributing, combating poverty and promoting development as it is often claimed by industries, associations and companies then mining companies in Fiji can no longer under any circumstances tolerate or excuse human rights infringements and violations. The adverse social, health and environmental impact in the Mount Kasi mines for instance has led to the grievances of our local population. This is primarily related to the impact from the discharge of mine tailings directly to the Yanawai River system.
We as members of the society believe that environmental degradation is due to Mount Kasi Mines disposing tailings into the river. We attribute the death of fishes during this operation to regular exposure to the contaminated Yanawai River. We feel that the tailings' dam is poorly constructed and will continue to contaminate the river.
The mines should provide appropriate compensation to qoliqoli owners for the impacts, chemicals, degradation, contamination to our qoliqoli including fish, rivers and reefs. The damage has been made and to date nothing has been done what a sorry state we are in. The mining industry must respect the rights of communities, landowners, resource owners to be informed and have prior consent, it must minimise minings' impact on the environment and maximise benefits to the resource owners and communities.
The mining industry must compensate communities suffering loss of assets, income or amenity. There shall never be perpetual systems of oppression, exploitation and marginalisation. It must recognise and respect special relationships that indigenous people have to their land and ensure women have the right to be free of discrimination and harassment. We must recognise the rights of indigenous people and women to participate in all negotiation and decision making concerning the natural resources, land and rights to development.
Government must vet overseas interest in the mining industry, a clear example is the Mount Kasi saga, the exploitation of the land owners and communities there. We must see that all interested parties are sought, that is the mataqali, yavusa and the vanua before mining development is commenced. This industry should look at joint ventures with landowners and our local population. This is crucial to the development of our country.
There should also be a mining industry complaints mechanism, that is an official independent broad-base complaints mechanism to oversee the operation of our Fiji Mining Industry to address the following; human rights violation and environmental degradation perpetrated by or on behalf of mining companies because self regulation has proven to be an ineffective guarantee to community members at risk of harm from mining companies. There is a lack of effective legal recourse for communities affected by Fiji's mining companies to ensure profits are not made at the expense of our people.
Sir, before I conclude, I would also like to move an amendment to my motion regarding the size of the Ad Hoc Committee, that the membership be increased to seven as suggested by several Senators in the House.
I commend the motion before the House.
HON. SENATOR DR. A. ALI.- Mr. President, Sir, I beg to second the motion.
Question on amendment put.
Motion as amended agreed to.
MR. PRESIDENT.- Honourable Senators, I have the pleasure in announcing the Members of the Senate Select Ad Hoc Committee as agreed to by the House. They are: