A/HRC/43/53/Add.1 system, a traditional iTaukei system of customary law and governance continues to operate in Fiji. 14. Land ownership statistics in Fiji are unusual. Only 6 per cent of land is privately owned freehold land, 4 per cent is State owned land and 90 per cent belongs to the iTaukei indigenous peoples. The lands of the iTaukei are registered under a mataqali (clan), which is the legal land-owning unit, as stated in the Native Lands Act (1961). This land cannot be sold, transferred, mortgaged or otherwise encumbered, except to the Crown. However, iTaukei lands may be leased for use or development through the iTaukei Land Trust Board. C. Laws, policies and institutions 15. The Constitution of Fiji of 2013 recognizes the right to a healthy and sustainable environment. Article 40 (1) states: “Every person has the right to a clean and healthy environment, which includes the right to have the natural world protected for the benefit of present and future generations through legislative and other measures.” Article 40 (2) states: “To the extent that it is necessary, a law or an administrative action taken under a law may limit, or may authorise the limitation of, the rights set out in this section.” 16. This right requires the Government to take steps to ensure clean air, clean water, adequate sanitation, healthy and sustainable food, a safe climate, a non-toxic environment in which to live, work, study and play, and healthy biodiversity and ecosystems. The inclusion of the right to a healthy environment in the Constitution of Fiji sets an important precedent for other small island developing States, as many of these nations have not yet granted legal recognition to this fundamentally important human right.5 17. The Constitution of 2013 contains other positive elements with respect to human rights, including: a Bill of Rights incorporating a comprehensive list of civil, political, economic, social and cultural rights; a comprehensive list of grounds on which discrimination is prohibited; the rights of the child; and the rights of persons with disabilities. The Constitution clarifies that international standards and principles may be considered by courts, tribunals or other authorities when interpreting and applying the Bill of Rights. 18. In November 2017, the Ministry of Economy published 5-year and 20-year national development plans. These plans are aligned with global commitments, including the 2030 Agenda for Sustainable Development and the Sustainable Development Goals. The 20-year plan is aimed at achieving universal access to all services, including housing, electricity, clean water and sanitation, high-quality education and health care. 19. Fiji has numerous statutes and regulations addressing environmental and natural resource protection. Among the most important are the Environment Management Act (2005), the Environment and Climate Adaptation Levy Act (2015), the Endangered and Protected Species Act (2002), the Offshore Fisheries Management Act (2012), the Forest Act (1992), the Land Use Act (2010), the Land Conservation and Improvement Act (1953), the Litter Act (2008), the Mining Act (1966), the Natural Disaster Management Act (1998) and the Ozone Depleting Substances Act (1998).6 20. The Environment Management Act is the most important environmental law of Fiji. It provides for “the protection of the natural resources and for the control and management of developments, waste management and pollution control and for the establishment of a 5 6 Small island developing States that do not yet legally recognize the right to a healthy environment include Antigua and Barbuda, the Bahamas, Barbados, Dominica, Kiribati, the Marshall Islands, Micronesia (Federated States of), Nauru, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Tonga, Trinidad and Tobago, Tuvalu and Vanuatu. For further information on these statutes and regulations, see Fiji Environmental Law Association, “Environmental and other relevant laws of Fiji”. Available at www.fela.org.fj/environmentallaws.html. 5