This decree has restricted access to the country’s world renowned waves since Frank Bainimarama’s military government forced it upon the country in 2010. The local community has fiercely resisted the imposition of the decree. This decree gives foreign-owned resorts exclusive access rights at some of Fiji’s best surf breaks, including around Tavarua Island’s legendary Cloudbreak. Minister of Tourism Bill Gavoka and his new government are doing something. They have announced plans to bring forward new legislation to return Indigenous control over sea country and ensure equitable benefit-sharing for local resource custodians.
Fiji’s current Surfing Decree was enacted during Bainimarama’s administration, turning Fiji into an international surf tourism hotspot. While it attracted international surfers and boosted tourism, it marginalized local surfers, including prominent figure Ian Ravouvou Muller, who lamented the loss of access for locals.
Impact of the Surfing Decree
In August 2014, the Surfing Decree reshaped surfing in Fiji. The decree gave foreign resorts exclusive rights to lucrative areas. The unintended side effect was that local surfers were essentially shut out from surfing some of the country’s best waves. Muller, considered by many to be one of Fiji’s surfing pioneers, was particularly upset that the policy restricted local surfers.
“It allowed us to start surfing,” – Ian Ravouvou Muller
The 2018 decree not only returned the surprise tourism boon. It has come under fire for excluding Indigenous communities from the process. Local surfers were not permitted to use these popular surf spots, which Muller noted has had adverse effects on both their lifestyle and livelihood.
“Our people haven’t been fairly compensated,” – Ian Ravouvou Muller
The exclusive access granted by the decree not only discriminated against surfers, it interrupted and restricted traditional fishing practices. Locals have reported a decline in fish populations due to increased surfing activity, leading to calls for compensation for Indigenous communities.
“That’s been their fishing grounds. Surfers come in, they chase away the fish. They have no fish to eat. They need to be compensated,” – Ian Ravouvou Muller
New Legislative Framework
Fiji’s Tourism Minister Bill Gavoka told reporters that a bill to repeal the Surfing Decree will be introduced to parliament in coming weeks. The introduction of this legislation is a tremendous step towards unlocking access to marine environments. Most importantly, it ensures that owners of the resources being used will be fairly compensated for their use.
“In place will be a structure that is designed to liberalise access to all the marine areas … and ensure resource owners are compensated for the use of their marine areas,” – Bill Gavoka
Don’t expect the new legislation to restore exclusive wave access for resorts. This move transforms the surfing and tourism scene in Fiji. Once the bill is introduced, public hearings will occur. This will provide community members an opportunity to express their views on the changes.
Future Considerations for Surfers
As Fiji continues to implement this new law, it is still unclear how surfers will gain access to surfable waves. Gavoka assured us that there would indeed be a user-pay system applied, but it would be done in an intelligent way.
“No, no-one will be charging anything that is out of line,” – Bill Gavoka
Muller has suggested designing these new “ocean parks” in ways that reconcile the desires of surfers with habitat and community preservation. He envisions a self-sustaining model that would serve the public and private interests equally.
“Where it’s user pays and that money goes back into lifeguards, security, village protection, reef protection, making sure that the ocean and the people are looked after and it’s sustainable,” – Ian Ravouvou Muller
