A/HRC/43/53/Add.1
Ministry of Forests should prevent any further removal of mangroves from coastal areas.
These trees offer an effective and natural way of protecting the coastline and preventing
erosion.
V. Conclusion and recommendations
106. Fiji is a global leader in recognizing the constitutional right to a clean and
healthy environment, responding to the global climate change emergency, ratifying
the full suite of multilateral environmental agreements and human rights treaties
mentioned earlier, and developing an impressive array of strategies, frameworks and
plans. Fiji has a relatively good set of environmental laws and policies, although some
are outdated. A more important challenge for Fiji is to close the gap between laws and
policies on paper and practices on the ground by increasing implementation and
enforcement.
107. The Special Rapporteur was encouraged to learn that, since 2011, the number
of staff at the Department of Environment has more than doubled, from 38 to 78.
Since 2013, the annual budget of the Department has more than tripled, to
F$ 14,211,500. These are clearly steps in the right direction, and additional resources
are being put to good use. The Department of Environment issued more than 50
prohibition notices in 2018, stopping or preventing unlawful activities. A growing
number of environmental cases are being referred to the Director of Public
Prosecutions. A new national environment hotline will promote enforcement by
enabling the public to report such illegal activities as dumping garbage or damaging
mangroves. Standards for maximum sulphur content in diesel fuel and gasoline were
strengthened dramatically (coming into force in 2019 and 2021, respectively), which
will have substantial air quality benefits. Fiji has entered into a partnership with
Singapore to improve urban planning. A strong effort is being made to incorporate
human rights and gender considerations into policymaking relating to climate change
and the environment so that women’s voices gain prominence.
108. The Special Rapporteur encourages the Government of Fiji to implement the
following recommendations in order to enhance the reputation of Fiji as a nation that
consistently follows through on its environmental and human rights commitments,
and accelerate progress towards fulfilling the Sustainable Development Goals:
(a)
Continue its admirable record of speaking out forcefully about the need
for accelerated climate action on mitigation, adaptation and climate finance;
(i)
Support the global imposition of an air travel levy to fund a new loss and
damage mechanism, providing compensation for climate impacts on vulnerable
nations;
(ii)
Continue taking an effective, rights-based approach to domestic climate
action, including making accelerated efforts to reduce black carbon emissions
through clean cookstove programmes and by eliminating diesel subsidies;
(b)
Increase the implementation of the polluter pays principle through taxes
on toxic substances, including pesticides, fossil fuels and other hazardous materials,
thereby generating additional revenue for environmental protection;
(c)
Assist other small island developing States in incorporating the right to a
safe, clean, healthy and sustainable environment into their constitutions and/or
legislation, and consider championing a regional agreement on environmental
democracy, similar to the Convention on Access to Information, Public Participation
in Decision-Making and Access to Justice in Environmental Matters and the Regional
Agreement on Access to Information, Public Participation and Justice in
Environmental Matters in Latin America and the Caribbean;
(d)
Carry out a review of environmental legislation to identify where new or
amended legislation and/or regulations are needed to be consistent with the
constitutional right to a clean and healthy environment (for example, legislation
relating to pesticides, protected areas, endangered species, forests and mining);
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