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Fiji - Combined 2nd, 3rd and 4th periodic reports of states parties [2010] UNCEDAWSPR 1; CEDAW/C/FJI/2-4 (28 January 2010)

Committee on the Elimination of Discrimination

against Women

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

Combined second, third and fourth periodic reports of States parties

Fiji[*]

REPUBLIC OF THE FIJI ISLANDS STATE

CEDAW 2^ND, 3^RD & 4^TH PERIODIC REPORT

NOVEMBER 2008

TABLE OF CONTENTS

List of Tables, Figures, Boxes & Annexes

Tables

Table 1 Rural & Urban Population by ethnicity 1996-2007 20

Table 2 MDG by Goal Progress and Challenges — 2004 28

Table 3 Membership — Decision Making Bodies, 2002 55

Table 4 Municipal Councils Membership by Gender 2008 58

Table 5 MDG Goal 3: Promote Gender Equality and Empower Women 64

Table 6 Students Enrolled and Number of Teachers 2005 – 2007 66

Table 7 USP Completion Awards by Gender, 2006 68

Table 8 Enrolment at Tertiary Institutions 2003 – 2005 68

Table 9 Teacher Training 2005 – 2007 69

Table 10 Student Loan Scheme (2005) by Gender and Ethnicity 71

Table 11 Labour Force participation rates, 1986 and 1996 77

Table 12 Distribution of Economically Active 2006 2007 by Industry Grouping and Gender 78

Table 13 Occupational Group Analysis by Gender 2003 – 2004 79

Table 14 Average Total Hours Spent on All Household Chores 83

Table 15 Vital Health Statistics 2004 – 2006 87

Table 16 Top ten Causes of Morbidity and Mortality 89

Table 17 MDG Goal 6 HIV and AIDS 94

Table 18 Summary of Approved FDB loans by Gender 2003 – 2007 99

Table 19 Rural Clients of the Micro-Finance Unit 2008 104

Table 20 Rural Health Projects and Programmes 2004-2005 105

Table 21 Marriage Guidance Counselling in 2004 115

Table 22 Care and Protection Allowance: recipients in Surrogate Families by Gender and Ethnicity 117

Table 23 Child Welfare Cases Attended by Divisional Welfare Offices in 2004 118

Table 24 Categories of Recipients by Ethnicity and Sex, 2006 120

Table 25 Poverty Alleviation Recipients by Category by Ethnicity, 2004 121

Table 26 Domestic Victims by Race 2001 – 2006 122

Figures

Figure 1 Population By Race 1999-2007 11

Figure 2 Family Planning by Method 91

Figure 3 HIV Cases By Age Group 93

Figure 4 HIV Mode of Transmission 93

Figure 5 FDB No. of Loans to Women as at March, 2008 98

Figure 6 Rural Development Funds 2003 – 2007 107

Figure 7 Metered Water Supply in Rural Areas 107

Figure 8 Rural Water Supplies Communal Standpipes 108

Figure 9 Legal Aid Assistance – Criminal Cases (by sex 2003-2008) 110

Figure 10 Legal Aid Assistance – Family Cases (by sex 200 -2008) 110

Boxes

Box 1 SEEDS Chapter 9.9 Gender and Development ...................................................................45

Box 2 SEEDS Chapter 4.2 Immigration .................................................................................52

Box 3 Goals of Zero Tolerance Community Initiative ............................................................123

Annexes

Annex 1 CEDAW Concluding Comments and Status of Implementation 132

Annex 2 Balelala v State [2004] FJCA 49; AAU0003.2004S (11 November 04) 136

Annex 3 Complaints on Discrimination Lodged to FHRC by Women (Jan. 05 – June 08) 148

Annex 4 CEDAW Report Community Consultation Participants (2008) 150

Annex 5 NGO Consultations – List of Participants 168

List of Acronyms

ADB Asian Development Bank

CCTC Corpus Christie Teachers College

CRC Convention on the Rights of the Child

CSO Civil Society Organisation

DFL Distance & Flexible Learning (USP)

DSC Development Sub Committee

DoW Department of Women

EEZ Exclusive Economic Zone

ESCAP Economic and Social Commission for Asia and the Pacific

EU European Union

FDB Fiji Development Bank

FIT Fiji Institute of Technology

FLP Fiji Labour Party

FNPF Fiji National Provident Fund

FSM Fiji School of Medicine

FWCC Fiji Women’s Crisis Centre

FWRM Fiji Women’s Rights Movement

GDP Gross Domestic Product

IPPF International Planned Parenthood Federation

MDG Millennium Development Goal

MHW&SW Ministry of Health, Women & Social Welfare

MWSW&PA Ministry for Women, Social Welfare & Poverty Alleviation

NCBBF National Council for Building a Better Fiji

NCW National Council of Women, Fiji

NGO Non Government Organisation

PIFS Pacific Islands Forum Secretariat

PIANGO Pacific Islands Association of NGOs

PPSEAWA Pan Pacific South East Asia Women’s Association

RRRT Regional Rights Resource Team

SDL Soqosoqo Duavata ni Lewenivanua

SDP Strategic Development Plan

SEEDS Sustainable Economic Empowerment Strategy

SPC Secretariat of the Pacific Community

SSV Soqosoqo Vakamarama I Taukei

UNDP United Nations Development Programme

UNDP PC United Nations Development Programme Pacific Centre

UNICEF United Nations Children’s Fund

UNIFEM United Nations Development Fund for Women

UNFPA United Nations Population Fund

USP University of the South Pacific

VSO Volunteer Service Organisation

WPA Women’s Plan of Action

WHO World Health Organisation

FIJI STATE CEDAW SECOND, THIRD AND FOURTH PERIODIC REPORT

Executive Summary

Fiji ratified the UN Convention on the Elimination of All forms of Discrimination Against Women in August, 1995. The initial report was submitted in 2000 and the Fiji delegation appeared before the UN CEDAW Committee of Experts for the constructive dialogue in 2002. Fiji has not submitted any report since. Therefore this document is the State combined 2^nd, 3^rd and 4^th Periodic report and covers the period January 2003 to June 2008. While it attempts to outline the major developments and progress of women in Fiji, it also delineates the challenges women face in light of the economic and social changes brought about by financial, political and global influences.

Fiji’s Constitution has not changed since the initial report to the CEDAW Committee and it contains an anti-discrimination clause-section 38 (2) that encompass remedies for both direct and indirect discrimination on the grounds of gender, disability and sexual orientation. During the reporting period, the following legislations were reformed:

• Enactment of the Family Law Act 2003;

• The Employment Relations Promulgation 2008;

• Review of the Laws relating to domestic violence by the Fiji Law Reform Commission was initially approved by Cabinet in 2003 and the proposed legislation Domestic Violence is in the Bill stage;

• Review of the Penal Code and Criminal Procedures Code 2006

• Final Report of the Review of the Penal Code and Criminal Procedures Code is now with the Interim Attorney General.

• The Prisons & Corrections Act 2005

In addition, the Convention was also used by the Fiji Human Rights Commission to support and justify a Court’s decision. Other achievements included the proposed Draft National Policy on Disability (2006-2016).

• Women in Politics Appeal

• Nomination Service with the Department of Women

• Zero tolerance and Violent free community” – Pilot Project

• The publication “Women and Men of Fiji Islands: Gender Statistics and Trends” (2005) written by Chandra and Lewai.

There are no temporary special measures to accelerate equality between men and women in Fiji. The stereotyped attitude and practices have a profound impact on formal decision making where women are seldom visible. Even though women are still being marginalised, it must be acknowledged that changes in the ingrained attitude and perception against women are taking place, although at a very slow pace. In Fiji, women are at liberty to join civil society organizations and some of the most active civil society organizations which exist in Fiji are those headed by women.

Whilst Fiji has been cited as host nation to human trafficking, a study has found that trafficking and sexual exploitation of women, girls and boys is also taking place in the country.

Representation of women in decision making bodies continues to be a major challenge, in light of the political changes. Although successive Governments had a policy of having at least 30% representation since 2003, this has not been achieved.

The Government is an equal opportunity employer, it provides for the equal participation of men and women in the diplomatic service. There has been no special or affirmative programme designed to assist qualified women to pursue a career in the diplomatic service.

The Constitution Amendment Act 1997 recognised equal rights to citizenship for both men and women and equal status to spouses of Fiji citizens whether female or males. The marriage of a Fijian woman to a foreign national does not change her nationality unless she desires to change. They continue to enjoy the same rights as men on the issue of citizenship and nationality and that of their children under the Constitution (Amendment) Act, 1997. However, dual citizenship is not allowed in Fiji

Government is committed to improving the quality of education and its service delivery. The new National Curriculum Framework (NCF) is aligned to the holistic development of the child. The framework encompasses early childhood education up to Form 7 inclusive of special education and technical and vocational education and training. Education is seen as the most effective way to alleviate poverty and hardship for those who are poor and marginalised.

One of the major developments on employment is the Employment Relations Promulgation (ERP). The ERP is a progressive framework which promotes consensual resolution of disputes and creation of labour standards that are fair to both workers and employers. The promulgation also provides the fundamental principles and rights of persons at work.

Fiji has a well developed and comprehensive health system with services accessible to both men and women throughout the nation. However despite efforts to improve health outcomes, a review of health indicators suggests that Fiji lags behind in achieving MDG.

Women play a very important role in the development and progress of their respective communities and the nation as a whole. There is a socio- economic gap between rural and urban women. Women continue to be marginalised in terms of access to credit and loans although they are eligible to access loan and credit through commercial banks, Fiji Development Bank (FDB) and other lending agencies as long as they meet the institutional criteria for such assistance.

Fiji’s Constitution guarantee women equality before the law and equal rights to participate in all aspects of civil life and it does not have legal barriers to women’s participation in court and tribunal processes or denied women the right to conclude contracts and administer property.

Fiji has made considerable progress in implementing CEDAW since 2004, mainly in the area of family law. In November 2005, the Family Law Act 2003 came into force with the opening of the new Family Law Division within Fiji’s Court system. The new law, puts into practice by the new courts, removes total discrimination against women and children consistent with Articles 1, 2, 3, 5, 14, 15 and 16.

Introduction

The progress and development of women in Fiji has improved since the last reporting period. However, it is acknowledged that the changing political situation has an adverse impact on the lives and progress of development for all citizens including women.

This is Fiji’s combined Second, Third and Fourth Periodic Report on its implementation of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This report sets out the progress made after the initial report was submitted and covers the period January 2003 to June 2008. The report also attempts to highlight achievements, challenges and the major administrative, judicial and legislative process adopted by the State in its pursuit to implement the various articles of CEDAW.

Legislative changes through law reforms, the enactment of the Family Law Act 2003, the Prisons and Corrections Act 2005 and the promulgation of the Employment Relations Promulgation 2008 are some of the key developments in the implementation of CEDAW.

The UNIFEM report on the Pacific Islands states legislative compliance with CEDAW states that:

...“ Fiji has achieved full compliance with 49 of the 113 indicators, partial compliance with 26 indicators and is non-compliant with the remaining 38 indicators. It should be noted however, that Fiji’s in a time of significant legislative change and reform. Therefore, whilst the assessment of Fiji’s compliance is based on the law in effect as at 30 December 2006, there are nevertheless several important areas relevant to CEDAW that are either already the subject of draft legislation before the Parliament or the subject of investigation”^[1]...

In addition, the state continued to provide the policy framework for the development and advancement of women through successive Strategic Development Plans. Currently, the Sustainable Economic Empowerment Development Strategy (SEEDS) 2008 – 2015 articulates the priority areas for Gender and Development. The implementation of CEDAW is one of the priorities for the medium term. Despite such commitments it must be acknowledged that, addressing women’s needs and their issues continue to face many obstacles and challenges.

This combined report is in three parts, the first section comprises the general issues (Core document), the second part (Convention specific) discusses the national context in which CEDAW has been executed and section three contains the Annexes.

The Committee’s Concluding Comments (A/57/38, paragraphs 44-67) on Fiji’s initial report included some suggestions and recommendations. The recommendations and responses are discussed under the pertinent articles within the report and is tabled as Annex 1 to this document. This report should therefore be read in association with the Initial Report for Fiji and the State CERD 16^th & 17^th Periodic Report.

SECTION 1 – THE CORE DOCUMENT

NATIONAL CONTEXT

Fiji : The Land and the People

The Land

1. Fiji lies in the heart of the Pacific Ocean midway between the Equator and the South Pole and between longitudes 174° East and178° West of Greenwich and latitudes 12° S and 22° South. 'Fiji's Exclusive Economic Zone covers about a 1.3 million sq. km of the South Pacific Ocean and contains approximately 330 islands of which about a - third are inhabited.

2. Fiji's total Land area is 18,333 sq.km. There are two major islands - Viti Levu which is 10,429 sq.km and Vanua Levu 5,556 sq.km. Other main islands are Taveuni 470 sq.km, Kadavu 411 sq.km, Gau 140 sq.km. Koro 140 sq.km. Indigenous Fijians own 87.9% of the land while 3.9% is State Land. Freehold land comprises 7.9% and Rotuman land is 0.3%. However there are four types of land holdings namely State lands, freehold lands, native leases and ‘vakavanua’ native lands. These can be further classified into two different land tenure systems, the ‘Western’ Land tenure System and the ‘Customary’ Land tenure System. Freeholds, state leases and the portion of native land that are leased out as ‘Native Leases’ operate under the western land tenure system while the communally held native lands operate under the ‘Customary’ or ‘Vakavanua’ system.. All lands under the western system are registered under the Land Transfer Act by the Registrar of Titles.

Climate

3. Fiji enjoys a tropical South Seas maritime climate without great extremes of heat or cold. The islands lie in areas which occasionally traversed by tropical cyclones, and mostly confined between the months of November to April every year. Temperatures average 22° Celsius for the cooler months (May to October) while November to April temperatures are higher with heavy downpours.

The People

4. Fiji is a pluralistic society. It is home to Fijians, Indo Fijians^[2], Europeans, Chinese, and other Pacific Islanders, and people of mixed racial descent live here as well. Fijians make up the majority of the population (56%), most of whom live in rural villages. Indo Fijians and Others make up the remaining 44%.

5. English is the lingua franca and one of the three official languages of Fiji. The other official languages, Fijian (Bauan) and Hindi, are also widely spoken and taught in schools as part of the curricula.

Population by Race

6. The 2007 Provisional Census figures released by the Fiji Islands Bureau of Statistics have shows a 9% increase from the 1996 census figures. Out of the total population of 860,743, Fijians comprise 475,887, Indians 315,417 and Others 43,926.^[3]

Figure 1 Population by Race 1999-2007

Source: http://www.statsfiji.gov.fj (Accessed on 14/08/08).

7. From the above figures Fijian recorded the highest increase during the 1996 – 2007 intercensal period with 84,929, followed by others with 29,470 while there was a notable decrease in the number of Indo Fijians.

8. The estimated population by sex and age as at 31 December 2003 shows that children between the ages of 0-14 years comprise 29.46% and the elderly aged 60 years and over is 7.18%. The proportion of the productive population (15-59years) for both sexes is 62%. However it must be noted that majority of those in the 15 – 19 years age group are either attending secondary schools or tertiary institutions hence they still depend on their parents for support. The elderly dependents of 60 years and over comprise 7.18% of the total population. Women aged 15 years and over comprise 34% of the total population.

Source: http://www.statsfiji.gov.fj (Accessed on 14/08/08).

9. The provisional census figures for 2007 revealed that more people now reside in urban and peri urban centres. The urban population are concentrated in the major cities of Suva and Lautoka.

Source: http://www.statsfiji.gov.fj (Accessed on 14/08/08).

10. Religion is an important facet of life in Fiji. It has a very strong influence on the lives of the people and impacts the perception and attitude of members. 58% of the population are Christians. Other main religions are Hinduism (33%) and Islam (7%) and 2% belong to Other religion and also includes those who do not practise any religion.

Source: http://www.statsfiji.gov.fj (Accessed on 14/08/08).

Parliament

11. Fiji has a bicameral parliament consisting of a nominated Senate, an elected House of Representatives and a Cabinet presided over by a Prime Minister.

Senate

12. Under the 1997 Constitution, the Senate comprises 32 members of whom;

• fourteen (14) are appointed by the President of Fiji on the advice of the Bose Levu Vakaturaga (Great Council of Chiefs (GCC));

• Nine (9) are appointed by the President of Fiji on the advice of the Prime Minister;

• Eight (8) are appointed by the President of Fiji on the advice of the Leader of Opposition; and

• One (1) is appointed by the President of Fiji on the advice of the Council of Rotuma.

House of Representatives

13. The 1997 Constitution puts into effect the new composition of the House of Representatives, which now consists of 71 members elected to represent single member constituencies. The 71 members of Parliament are elected on the basis of section 51 (1). Forty six of the seats are reserved for Communal votes. The number of Fijian seats is 23; there are 19 Indian seats; 1 Rotuman seat and 3 seats reserved for those who are not Fijian, Indian or Rotuman. The rest of the 25 seats, are for voters from all communities registered in the Open electoral roll. In both 2001 and 2006 election results in Fiji were determined by the Open seats.

Great Council of Chiefs

14. Indigenous Fijian concerns are taken account of through the Bose Levu Vakaturaga (Great Council of Chiefs). This is the highest assembly of traditional chiefs of Fiji and meets at least once a year to discuss matters of concern to the Fijian people. The Council appoints the President and Vice President of Fiji, a power embodied in the 1997 constitution.

Political Situation

15. In 1987 the newly formed Fiji Labour Party won the general elections, however their rule was shortlived when the then Lt. Col. Sitiveni Rabuka staged a military coup d’etat. Rabuka abrogated the 1970 Constitution and declared Fiji a Republic. Consequently a new Constitution was promulgated on 25 July 1990 and this led to the eventual General elections in 1992 The Rabuka led SVT Government passed the Constitution (Amendment) Act in 1997 and continued to govern until 1999 when the Fiji Labour Party again won the general elections. However the FLP reigned for only one year when George Speight led a civilian take over in 2000 when the then Prime Minister and members of his People’s Coalition were taken hostage.

16. The takeover was followed by the purported abrogation of the 1997 Constitution; the departure of then President Mara; and the installation of three successive unelected interim administrations. The purported abrogation was challenged in Court and Rulings by the Fiji High Court and Court of Appeal stated that that the 1997 Constitution remained the supreme law of the land^[4]. This led to the general elections of 25 August -1 September 2001 under the 1997 Constitution and Fiji's subsequent return to parliamentary democracy under the Prime Ministership of Laisenia Qarase, who had led the Caretaker and Interim governments.

17. Prime Minister Qarase’s SDL Government was returned to office with a narrow majority at the elections held in May 2006. Based on the 1997 Constitution a multi-Party Cabinet, including members of the FLP, was then formed. Prime Minister Qarase and other political leaders were still discussing the rules of operation for the multi-party Cabinet when the latest takeover of government took place on 5 December, 2006.

Current Political Situation

18. On 5 December 2006 the Commander of the Republic of Fiji Military Forces (RFMF) Commodore Frank Bainimarama announced that he had assumed executive power, that he had dismissed the duly elected Government of Fiji and declared a State of Emergency.

19. The ensuing State of Emergency raised a number of critical human rights issues. The detainment of some human rights activists and the imposition of travel bans on certain individuals was a serious concern. Furthermore, there were also cases of deaths of arrested persons whilst in police custody. It must be noted that officers implicated in one of these police brutality cases have been brought before the Courts, convicted and sentenced (refer to State v Vulaca [2008] FJHC 84; HAC120J.2007S (22 April 2008)^[5] and other such cases are still before the Courts.

20. On 4 January 2007, Bainimarama returned executive authority to the President, who then appointed Bainimarama ‘interim Prime Minister’. His Excellency the President then appointed sixteen Cabinet Ministers. However the number was reduced to twelve in January 2008.

21. On 5 January 2007, the President issued the Mandate which ‘shall be the objective for the Interim Government.’

• to continue to uphold the Constitution;

• where necessary facilitate all legal protection and immunity, both criminal and civil, to the Commander, Officers and all members of the RFMF;

• give effect to the actions of the RFMF including the respective suspension, dismissals and temporary removal from office of civil servants, Chief Executive Officer’s, those appointed by the Judicial Services and Constitutional Services Commissions, the Judiciary and Government appointed Board members;

• steady our economy through sustained economic growth and correct the economic mismanagement of the past six years;

• lift up the living standards of the growing poor and underprivileged of our country;

• restructure the Native Land Trust Board to ensure more benefits flow to the ordinary indigenous Fijians;

• eradicate systemic corruption by including the setting up of an Anti-Corruption Unit through the Attorney General’s Office and set new standards of Governmental and institutional transparency;

• improve our relations with our neighbours and the international community;

• take our country to democratic elections after an advanced electoral office and systems are in place and the political and economic conditions are conducive to the holding of such elections;

• immediately as practicable introduce a Code of Conduct and Freedom of Information provisions; and

• give paramountcy to national security and territorial integrity of Fiji.

22. Several measures^[6] have been put in place to facilitate the achievement of these objectives. Then in September 2007 the Interim Government launched a national initiative to ‘Build a Better Fiji for All’ through a People’s Charter for Change, Peace and Progress. The Interim Government launched the “People’s Charter” process in October 2007. The process involves a 45-member ‘National Council for Building a Better Fiji’ (NCBBF). The Council is co-chaired by Interim Prime Minister Bainimarama and Archbishop Petero Mataca, head of the Catholic Church in Fiji. However, the deposed Soqosoqo Duavata ni Lewenivanua (SDL) Party, the Methodist Church of Fiji and a number of Provincial Councils have expressed opposition to the initiative. The NCBBF held its first meeting on January 16 2008.

Economic Overview

23. The economy recorded reasonable growth in the period 2001-04, driven by a resurgent tourism industry. Growth in 2005 was however only 0.7 per cent. This decline from the high growth of 5.4 per cent in 2004 was due principally to the termination of preferential trading arrangements for garments, Fiji's major manufactured export.

24. In 2005, the textile industry in Fiji markedly declined following the end of the quota system under the Agreement on Textiles and Clothing (ATC) and the full integration of textiles into WTO General Agreement on Trade and Tariffs. The income from garments plummeted by 43% in 2005 with the end of the ATC quotas. Garments now account for approximately 12% of Fiji's exports and sugar approximately 24%. For many years sugar and textile exports drove Fiji's economy. However, neither industry is competing effectively in globalized markets. Fiji's sugar industry suffers from quality concerns, poor administration, and the phasing out of preferential price agreement with the European Union beginning in 2006/2007. The European Union has promised significant financial aid to assist the ailing sugar industry but this will depend on the restoration of democracy in Fiji.

25. Other important export crops include coconuts and ginger, although production levels of both are declining. Fiji has extensive mahogany timber reserves, which are only now being exploited. Fishing is an important export and local food source. Gold is also an important, albeit troubled, export industry for Fiji. Growth in 2006 was 3.6 per cent. Remittances totalled FJD 311 million for 2005.

26. In November 2006, the Qarase Government announced its 2007 budget, which was to be the first part of a new 5-year Strategic Development Plan. The central objective of the Plan was to reach a target of 5 per cent economic growth per year. Government foreign reserves were estimated to be 3.3 months of imports for 2006, with government debt at 50 per cent of GDP. The 2006 budget deficit was estimated to be 3.2 per cent of GDP, with a deficit of 2 per cent of GDP budgeted for 2007.

Impact of the Political Situation

27. As articulated in SEEDS (2007 – 2011), the economy suffered a significant setback following the political events of December 2006, the removal of the democratically elected Government resulted in a significant shock to the economy characterised by:

▪ Declining tourist arrivals;

▪ Decrease in retail and wholesale trade;

▪ Reductions in working hours or the laying off of workers as companies attempted to ensure that they remain profitable;

▪ Postponing of private sector investment projects due to political and economic uncertainties;

▪ Ever static export levels; and

▪ Declining business confidence.

28. Remittances fell by as much as thirty per cent. Both the sugar and tourism industries performed poorly in 2007, however, the tourism sector showed improvements in 2008.

29. The European Union has suspended about A$256 million in aid for economic restructuring, and will not release it until Fiji returns to constitutional rule via a democratic election. The Asian Development Bank had identified substantial funds for urgently-needed capital projects in Fiji - but because of the takeover of government, these funds have been put on hold.

30. In response to the macro economic instability that resulted, the Interim Government announced a series of monetary and fiscal policies aimed at stabilising the financial system and securing government finances.^[7] The Government also took a series of fiscal policy measures to prevent further increases in the budget deficit and these included:

▪ A 5% salary and wage reduction for all civil servants;

▪ A review of the Partnership Agreement with the Unions;

▪ The deferment of the Job Evaluation review for the disciplinary forces;

▪ A freeze on all new recruitments and the creation of new posts;

▪ The reduction in allocation to non priority sectors while at the same time focusing on improving the efficiency and better management of resources.^[8]

31. In addition other measures were put in place to increase the revenue base for the country and some of the strategies were:

• Increasing the duty on luxury and non essential items (white goods) to ease import pressures;

• The introduction of appropriate (performance based) incentives and the creation of tax free zones to assist export industries and promote import substitution;

• The removal of unfair and distortionary tax concessions to ensure a level playing field for all taxpayers; and

• Implementing the appropriate amendments to tax legislation to assist in improving the efficiency and effectiveness of tax policy administration.

The Human Development Index

32. The UNDP Human Development Report (2007/2008) ranked Fiji 92 in its Human development Index. This rating puts Fiji into the medium human development classifications behind two other Pacific Island countries, Tonga and Samoa which are on 55and 77 respectively. The ranking is based on the value of HDI which is weighted average of life expectancy, adult literacy and GDP per head. Although Fiji’s ranking has dropped it remains above the average HDI value of Medium Human Development countries and well above the average for Low Development countries.

Migration

External Migration and Remittances

33. In Fiji, migration has been happening over time and according to Mohanty (2001) females dominate the migratory process. During the period 1990-2002 women constituted 51.2% of all those who migrated overseas. Rokoduru (2002) on her research about Fijian migrant workers in Kiribati and Marshall Islands stated that the average age of migrants was 26 which indicate that the majority of these workers were well within the active working group. These migrants work in various occupational categories namely civil servants, health workers including physicians, hotel workers, lawyers dental officers and others.^[9] In addition Fiji citizens also work in peacekeeping duties both at international and regional levels. Furthermore, a large number of young Fiji citizens have been drafted in to the British Army and a good number of women are also working as care givers in the United States. All these migrant workers send remittances back to their families in Fiji contributing significantly to Fiji’s foreign reserves.

34. Personal remittances from abroad increased rapidly from around $50 million in 1999 to around $322 million in 2006, accounting for 40% of GDP. Although remittances fell by 27% in 2007, it continued to be an important source of income in Fiji. The question, though, is, “What are these remittances being used for? What are they spent on?” It is hoped that such remittances are being used not only for everyday consumption but also as a means of starting up small businesses, which would provide an income stream in the long term. According to the Governor of the Reserve Bank of Fiji

‘We are examining ways in which we can set up financial facilities to support a more productive use of these remittances. Charges are also important in encouraging remittances and I encourage everyone, particularly financial institutions, to work with us to reduce these charges.’^[10]

Internal Migration

35. Since economic activities are concentrated in and around urban towns and cities, the gaps between rural and urban incomes widen prompting urban migration and the associated unplanned urban growth. Urbanisation has become one of the critical problems in the world and the Pacific is not exempted from this major issue. In Fiji the proportion of people living in urban areas increased from 30% in 1960 to 49% in 2000 and this has further increased to about 51%.^[11] in 2007 The influx of people into cities and towns, has given rise to a whole range of issues putting a lot of pressure on utilities and services in these urban centres. At the same time, the movement has contributed to increasing squatter settlements and urban informal housing.

36. According to the Ministry of Housing and Urban Development report in 2005, the squatter population in Fiji increased by 78% between 1999 - 2003 which comprises 182 squatter settlements with 13,725 squatter families and a population of 82, 350. Of these, more than 60% live within the Suva/Nausori corridor.^[12]

Table 1 Rural & Urban Population by Ethnicity 1996 - 2007

Extracted from FIBOS Census data 2007 (p)

37. With the exception of the Eastern division all the other divisions experienced increases in rural urban migration. The Western and Central divisions recorded significant increases in both rural and urban population with the latter showing an increase of 32,513.

Poverty Alleviation

38. This is one of the critical issues which successive Governments have attempted to address through its various policies and programmes. Government’s policy objectives for the medium term include:

• Ensuring a social safety net to support the livelihoods of those that are genuinely poor and are unable to support them selves, particularly those with permanent disabilities;

• Creation of sustainable employment and income generating opportunities for the poor and disadvantaged; and

• Improving the productive capacity and professional capabilities of the poor and underprivileged to take advantage of employment and commercial opportunities.

39. In improving the effectiveness of its poverty alleviation programmes, Government continued to strengthen the coordination of its partnership with non-Governmental and civil society organizations (NGO’s) in the implementation and monitoring of poverty alleviation policy initiatives.^[13]

40. Government remains committed to funding ongoing poverty alleviation programmes such as assistance for housing and squatter upgrading, microfinance, education assistance and safety net programmes. This is evident in the increase of the minimum monthly Family Assistance allowance of $30 to $60. Rural livelihood development projects, including the Rural and Outer Island Development Project and the Northern Development Programme will supplement existing government initiatives towards poverty alleviation.

41. The coordination and monitoring of all poverty alleviation programmes is essential. Hence the establishment of the Poverty Monitoring Unit (PMU) in 2003 to co-ordinate poverty alleviation programmes and to implement the National Integrated Poverty Eradication Programme Framework.

42. A comprehensive view of income inequalities and the state of poverty as a whole is available only from national Household and Income Expenditure Survey. Results of the 2002/2003 survey indicated that 34.4% of the population lived below the basic needs poverty line (BNPL),^[14] indicating a 5 percent increase from the 1990-91 Household Income Expenditure Survey (HIES). ^[15] The majority of those living in poverty are in the rural areas. Another major consideration which impacts on the analysis of poverty and standards of living is the size of households. The 2002/03 HIES revealed that Fijian households have larger family sizes, indicating the extra burden which on average is borne by every Fijian adult of working age.

43. In 2003 ADB assisted the Government of Fiji to conduct a Participatory Assessment on Poverty and Hardship. The Assessment showed that most of Fiji’s communities faced with varying degrees of ‘hardships.’ based on lack of access to opportunities. In addition, it also identified limited employment and other income generating opportunities, suffering hardship. The lack of adequate basic services, including clean water was also identified as an important cause of hardship in both rural and urban communities.^[16] Other evidence of poverty is in the increasing number of households and individuals seeking Family Assistance allowance.

Local Government

44. Apart from the national government there are two levels of governance broadly classified into urban and rural. The former comprises cities and town councils which operate within the ambit of the Local Government Act (Cap 125) whilst rural areas are further classified into Provincial and District Advisory Councils. Provincial councils encompass the indigenous communities, whereas the District Advisory Councils look after the development interests of non indigenous people within their respective areas.

City and Town Councils

45. There are two city councils and nine town councils located all over the country. These entities operate within the ambit of the Local Government Act and members are elected by registered ratepayers and residents within the municipality. Members are elected for a four year term. These councils are responsible for the budget and all works and development in their respective towns and cities.

Rural Areas

46. In rural areas, there are two distinct systems of governance based on ethnicity and the classification of villages within the context of the Fijian Affairs Act (Cap 120). For non indigenous communities, the District Advisory councils look after their issues and other development interests. Members of the DAC are chosen and appointed by the Minister responsible and are appointed on a three year term. The Advisory councils receive funding assistance on a project by project basis from the annual budget of the Department of Multi Ethnic Affairs.

Provincial Councils

47. On the other hand, the indigenous Fijian population live in villages within their respective provinces. There are 14 provinces in Fiji and these are governed by Provincial Councils. Members of these councils are elected by the Minister for Indigenous Affairs for a term of three years. The role of these councils is to ‘maintain order and good Government and promote development within its own area of ‘authority.’ Government provides an annual budget to the Ministry of Fijian Affairs for the administration of the councils and the development of people within the province.

48. Members of the Provincial Councils are appointed in accordance with Section 3 (1) of the Fijian Affairs (Provincial Councils) Regulations, 1996 under the Fijian Affairs Act (Cap 120)

s3(1) (a) such a number of members nominated by each Tikina subject to the number of villages, whereby a Tikina which has more than ten (10) villages will nominate two (2) members and those with ten (10) or less villages to nominate one (1) member ...

(b) the chairperson of each Tikina Council in a Province, who shall hold office for as long as he or she is the Chairperson of that Tikina Council.

(c) persons, not less than two but not more than five appointed by the Minister to represent the registered members of the landowning units of the province who permanent resided outside such a province ...

(d) a woman appointed by the Minister to represent all the women’s organisations in the province;

(e) a person not being over the age of thirty years at the date of his or her appointment, appointed by the Minister to represent all the youth organisations in the province

49. The chairperson of the Tikina Council is a member of the Provincial Council by virtue of his or her appointment as chairperson. Members of Tikina Councils are appointed under Section 4 (1) of the Fijian Affairs (Tikina and Village Councils) Regulations 1996

s4(1) The members of the Council shall be –

(a) the “Tui or Turaga I Taukei” of the Tikina or his or her nominee who shall be a member of his or her own landowning unit;

(b) the “Turaga Yavusa” of each Yavusa within the Tikina;

(c) any person holding a traditional or customary position in a vanua;

(d) the “Turaga ni Koro” of every village in the Tikina;

(e) one person, not being over the age of 30 years at the time of his or her selection, chosen by the women who normally reside in the Tikina;

(f) one woman chosen by the women who normally reside in the Tikina;

(g) persons not less than two but not more than five being registered members of landowning units in the Tikina chosen by the members of the Tikina who permanently reside outside the Tikina;

(h) two persons being registered members of landowning units in the Tikina appointed by the “Tui” or “Turaga i Taukei”

50. Given the patriarchal nature of the indigenous Fijian communities, men dominate membership of these institutions. Therefore, unless a woman is of chiefly status she could then be the chairperson of the Tikina Council. The Act does not discriminate against women, however, the practice has been that the only woman member is the representative of women’s organisations within the Tikina.

District Advisory Councils (DAC)

51. Members of the DAC are nominated by the District Officer or the Provincial Administrator and appointed by the Minister responsible for the Department of Multi Ethnic Affairs. These District Advisory Councils are responsible for development within their respective area of jurisdiction. Both the District Advisory Councils and the Provincial Councils prepare and implement development plans in conjunction with the community and other relevant parties, co-ordinating and monitoring development projects, mobilising the people for development efforts, and ensuring the sustainable management and use of the natural resources in their respective areas. These Councils work in collaboration with other Government Department and Ministries for infrastructural and overall development of the province.

The Situation and Advancement of Women

Historical Background

52. The women’s movement in Fiji dates back to 1924 when the first women’s organisation was set up by wives of European missionaries. The main objective was to assist local women with the improvement of the overall well being of families in areas of health, nutrition and basic hygiene. The organisation which was then known as ‘Ruve’ changed its name to Soqosoqo Vakamarama I Taukei in 1934.^[17]

53. The Pan Pacific South East Asia Women’s Association (PPSEAWA) was formed in 1958, followed by YWCA in 1960. These two associations together with SSV actively worked towards the establishment of the National Council of Women, Fiji in 1968. A number of other women NGOs and issue based organisations like FWCC and FWRM came into being in the 1980s. Lobbying and advocacy by NCW and these other NGOs resulted in the setting up of the Department of Women in 1987.

54. During the reporting period the Department of Women continued to pursue its role as primary advisor to Government on public policies that affect women and the key catalyst for the implementation of the Women’s Plan of Action (WPA) 1999-2008. Based on the Beijing Platform for Action, the WPA has five areas of concern which provides the policy framework for the development of women in Fiji. The 5 areas are:

• Mainstreaming of women’s and gender concerns in the planning process and all policy areas;

• Women and the Law;

• Micro-Enterprise Development;

• Balancing Gender in Decision Making; and

• Elimination of Violence Against Women and Children

55. Since the last report, the Department maintained the institutional mechanisms for the implementation of the WPA by assisting Government work towards the full and active participation of women in society.

Mainstreaming Women and Gender Concerns

56. Government and development continued to take a two pronged approach in addressing the development needs of women. Given the current status of women particularly those in rural and semi urban areas, the ‘women in development’ approach is still necessary in order to improve the situation of women and addressing their practical needs. As a result a number of projects like water supply and sanitation were implemented by Government to meet those needs. Mainstreaming on the other hand aims to integrate women’s concerns into the whole government system through a process of analysis of the different situation of men and women and thereby seeking to transform development processes towards greater gender sensitivity. In Fiji the situation of women is such that special programmes and projects for them are still necessary in order to accelerate the narrowing of the gender gap in many areas.

Women and the Law

57. The law can accord or deny women equal rights. The principle of non-discrimination on the basis of gender is guaranteed in the Constitution of the Fiji Islands as well as in a number of human rights conventions to which Fiji is a party such as the Convention on the Elimination of All Forms of Discrimination Against Women. Guarantees of equality of rights cannot totally eliminate the natural differences between men and women; they can, however, attempt to eradicate unjust culturally- determined inequalities. Treating everyone alike in all situations could also bring about inequalities as certain classes of persons require special treatment such as those with disabilities, children and young persons. Guarantees of equality would need to be balanced against their needs.

58. The law is only one avenue to address the disadvantages and lack of opportunities faced by women. The law in itself could make fundamental changes that could bring about desired results, but the law cannot change the ingrained customary practices that regulate the roles of men and women in society overnight nor can it immediately change society’s assumptions and perceptions of women nor women’s assumptions and perceptions of themselves. It would take the coordinated efforts of law enforcement agencies, politicians, lawyers, physicians, the business community, the media educational institutions and NGOs to have an impact on the broad effects of discrimination against women.

Elimination of Violence against Women and Children

59. All of society has an interest in ending violence against women and children but it will never end unless we provide useful intervention. Direct services would need to be instituted to provide victims of violence with a safe haven, in urban and rural areas. The improvement in the data collection and analytical services would assist in designing strategies that extend far beyond the legal system, encompassing all aspects of society that deal with women and children. The training and up-skilling of service providers would all be significant steps to meet the stated goal of prohibiting violence against women and children.

Children

60. Women’s issues cannot be treated in isolation from their families and children. Families in Fiji have undergone dramatic changes in the last 30 years. The increase in single parent families, the rise in the divorce rates and the increasing number of women entering into cash employment have significant implications for the welfare of children and family life. One part of the strategy to deal with the welfare of children has been put in place by Government through the establishment of the National Coordinating Committee on Children after ratifying the Convention on the Rights of the child.

61. Another concern is the welfare of those children whose parents have migrated to work overseas. It is acknowledged that remittances have made a difference in the livelihoods of recipients; however we should also be mindful of other social implications. Perhaps this is one are that needs researching by those concerned.

National Commitment on the Advancement of Women

62. Successive Governments were able to incorporate priority areas of the WPA into their respective national development plans. In the Strategic Development Plan 2003 – 2005, Chapter 5.3 focussed on Gender and Development, with the following Strategic Objectives and Key Performance Indicators (KPI). The Interim Government has also made commitments in its medium development plan, the Sustainable Economic Empowerment Development Strategies (SEEDS) 2008 - 2010 under chapter 9.9.on Gender and Development. This is discussed in more details under Article 3 within the Convention specific section of this report.

Review of WPA

63. The Women’s Plan of Action was reviewed in 2005. The review recommended:

• the inclusion of two new areas of concern namely;

o Formal sector employment and Livelihoods; and

o Health and Reproductive Health.

• Remove as a separate Area ‘Micro enterprise development’ but include it under Formal Sector Employment and Livelihoods;

• Remove as a separate area ‘Mainstreaming Women and Gender Concerns’ as it is a process underlying all implementation.

• Retain :

• Women and the Law

• Elimination of Violence against Women.

International Commitment on Women’s Issues

64. Government has made commitments to seven major international agreements and programmes of action on gender equality and the advancement of women and has identified key issues to address by being party to the following:

• The Pacific Platform for Action 1993

• Convention on the Rights of the Child 1993

• Jakarta Declaration for the Advancement of Women in Asia and

the Pacific 1994

• Beijing Platform for Action 1995

• Ratified CEDAW with two reservations 1995

• Both reservations were addressed in the 1997 Constitution 1997

• Participated in the Beijing +5 processes 2000

• Millennium Development Goals 2000

• Endorsed the Commonwealth Plan of Action for Gender

Equality 2005 – 2015 (7^th WAMM, Nadi, Fiji) 2004

• Endorsed the Revised Pacific Platform of Action after the Third

Pacific Women’s Ministers’ meeting and the 9^th Triennial

Conference of Pacific Women. 2004

• Commitment to Beijing +10 2005

• The Pacific Plan 2005

Millennium Development Goals

65. The target for MDG Goal No. 3 is to eliminate gender disparity in primary and secondary education preferably by 2005 and to all levels of education no later by 2015. School enrolment data published annually by the Ministry of Education and enrolment data provided by tertiary education providers provide figures for the ratio of girls to boys. In Fiji, the sex ratio for primary in 2005 (0.95) is closely balanced and the enrolment figures reflect the overall population ratio (0.96) released by FIBOS in the 2004/05 EUS. At secondary and tertiary education the ratio of girls to boys has reversed; 1.06 and 1.08 respectively. The gaps between girls and boys begin to widen with girls outnumbering boys as education level increases. These differences in ratio do not continue in the employment world.

66. In Government, women hold about 17% of Senior Executive positions, mainly in the social sectors. In the education sector, for example, there is a proportion of 28% of female teachers at the first line of management positions the proportion of female Principals administers to 12% and 8%.

The following table shows the national progress of the implementation of the Millennium Development Goals.

Table 2 MDG by Goal Progress and Challenges - 2004

SECTION 2 THE CONVENTION SPECIFIC

PART I

Article I The definition of discrimination against women

For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Introduction

67. Fiji’s Constitution has not changed since the initial report to the UNCEDAW Committee. With reference to the Concluding Comments No. 47(A57/38 Part I, 2002:11) of the Committee, the Constitution of Fiji in fact, covers ALL FORMS of Discrimination in section 38 (2) and guarantees the rights and freedom of citizens in most of the areas required by CEDAW.^[18]

The Constitution (Amendment) Act 1997

68. ...“The Constitution of Fiji is a human rights-based document. The Preamble, the Interpretation provisions, the Compact, Bill of Rights provisions, Social justice, Parliament, Accountability, and Group Rights sections are all based on a firm human rights foundation sourced from international human rights laws”...^[19] The Constitution in compliance with CEDAW contains an anti-discrimination clause-section 38 (2) that encompass remedies for both direct and indirect discrimination on the grounds of gender, disability and sexual orientation.

Equality

s38.- (1) Every person has the right to equality before the law.

(2) A person must not be unfairly discriminated against, directly or indirectly, on the ground of his or her: (a) actual or supposed personal characteristics or circumstances, including race, ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary language, economic status, age or disability; or (b) opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others; or on any other ground prohibited by this Constitution.

(3) Accordingly, neither a law nor an administrative action taken under a law may directly or indirectly impose a disability or restriction on any person on a prohibited ground.

(4) Every person has the right of access, without discrimination on a prohibited ground, to shops, hotels, lodging-houses, public restaurants, places of public entertainment, public transport services, taxis and public places.

The Human Rights Commission Act

69. The definition of discrimination is contained in the Human Rights Commission Act (HRC Act thereafter) at section 17(1) and (2). It states:

...“17.─(1) It is unfair discrimination for a person, while involved in any areas set out in subsection (3), directly or indirectly to differentiate adversely against or harass any other person by reason of a prohibited ground of discrimination.

(2) Without limiting subsection (1), sexual harassment by reason of prohibited `ground of discrimination”^[20]...

Employment Relations Promulgation

70. The definition of discrimination is also contained in Part 1 of the Employment Relations Promulgation.

s4 ‘discrimination means any distinction, exclusion or preference based on the grounds set out in sections 6(2) and 75’

s6(2) ‘No person shall discriminate against any worker or prospective worker on the grounds of ethnicity, colour, gender, religion, political opinion, national extractions, sexual orientation, age, social origin, marital status, pregnancy, family responsibilities, state of health including real or perceived HIV status, trade union membership or activity, or disability in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship.’

Differential Treatment of men and women

71. Women make a tremendous contribution to economic and domestic life but women’s role is often to support men’s economic activity. Women are often so closely associated in our minds with care of family and home that we can forget that the way women use their time is work, and that women do a lot of it. ^[21]

Article 2 Obligations to Eliminate Discrimination

States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

(a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

(g) To repeal all national penal provisions which constitute discrimination against women.

Introduction

72. The review of laws which are disadvantageous to women is one of the progressive areas in the implementation of the Women’s Plan of Action (WPA) 1999-2008. The following legislations were reformed during the reporting period:

• Enactment of the Family Law Act 2003;

• The Employment Relations Promulgation 2007;

• Review of the Laws relating to domestic violence by the Fiji Law Reform Commission was initially approved by Cabinet in 2003 and the proposed legislation Domestic Violence is in the Bill stage;

• Review of the Penal Code and Criminal Procedures Code 2006

• Final Report of the Review of the Penal Code and Criminal Procedures Code is now with the Interim Attorney General.

• Use of the Convention (CEDAW) to support and justify a Court’s decision - FHRC

• Disabled Women

• Draft National Policy on Disability (2006-2016)

Bill of Rights

73. The Bill of Rights under section 38(2) obliges the State and all the institutions of Government to protect its citizens from acts of discrimination in relation to life and liberty, education, cruel treatment and so forth. These institutions include the legislative, executive, judicial branches of Government at the central, divisional and local levels, as well as all public officials performing the functions of any public office.

74. Chapter 4 of the Constitution ascertains the reason for the existence of the Human Rights Commission in Fiji.

s42.-(1) This section establishes a Human Rights Commission.

(2) Its functions are:

(a) to educate the public about the nature and content of the Bill of Rights, including its origins in international conventions and other international instruments, and the responsibilities of the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and other organs of the General Assembly of the United Nations for promoting respect for human rights;

(b) to make recommendations to the Government about matters affecting compliance with human rights, including the making of a recommendation that a particular question about the legal effect of a provision of the Bill of Rights be referred to the Supreme Court for its opinion; and

(c) to perform such other functions as are conferred on it by a law made by the Parliament.

The Fiji Human Rights Commission (FHRC)

75. Section 7 of the Act outlines the powers and duties of the Commission, whilst Section 2 sets out its responsibilities in protecting and promoting the Bill of Rights in the Constitution as well as “human rights”, that is, the rights embodied in the United Nations Covenants and Conventions on Human Rights. This provision permits the Commission to promote and protect all human rights within the United Nations legal framework. This is an important responsibility provided to the Commission.

76. PART III of the Act outlines provisions on “unfair discrimination” and permits the Commission to consider allegations of human rights violations in the private sector as well. Section 17 of the Act outlines all the areas in which unfair discrimination is prohibited and is worth considering in some detail:

s17- (3) The areas to which subsection (1) applies are –

(a) the making of an applicant for employment, or procuring employees for an employer, or procuring employees for an employer, or procuring employment for other persons;

(b) employment;

(c) participation in, or the making of application for the participation in, a partnership;

(d) the provision of an approval, authorization or qualification for participation in, a partnership;

(e) the provision of an approval, authorization or qualification that is needed for any trade, calling or profession;

(f) subject to subjection (4), membership, or the making of an application for membership, of an employers’ organization, an employees’ organization or an organization that exists for members of a particular trade, calling or profession;

(g) the provision of goods, services or facilities, including facilities by way of banking or insurance or for grants, loans, credit or finance;

(h) access by the public to any place, vehicle, vessel, aircraft or hovercraft which members of the public are entitled to enter or use:

(i) the provision of land, housing or other accommodation;

(j) access to, and participation in, education.

Section 22 states that a person who makes use of human rights cannot be victimized.

77. The Fiji Human Rights Commission was established in 1999. The Commission is empowered to institute affirmative action in the areas nominated in the Constitution (education, employment, housing, commerce and advancement in public service).

78. The FHRC has a broad, and not specific, mandate and therefore deals with all discrimination including gender. In response to the Concluding Comments of the UN CEDAW Committee of Experts, the Human Rights Commission stated that there is no need to expand FHRC’s mandate, because CEDAW’s commitment is already in Section 42 (2) (a) of the Constitution – reference to “all international conventions and instruments”. But the FHRC needs more resources to implement this mandate fully.^[22] The responsibility for the protection and promotion of human rights lies initially with the State and all public officials. The Human Rights Commission acts as a monitor to ensure that the rights are respected in Fiji. This important provision of the Human Rights Act is stated below:

s7 ‘Powers and duties of the Commission’ at section 7(1) (h): to advise the Government on its reporting obligations under international human rights instruments and, without derogating from the primacy of the Government’s responsibility for preparing those reports, to advice on the contents of the reports.

Review of the Domestic Violence Laws

79. Violence against women and children is a multifaceted problem. The law is one avenue which can be used to tackle the problem. Law reform in itself however is inadequate as supportive services and the training of care providers and law enforcement agencies are also necessary to ensure the protection of victims of violence and to expedite the process of justice for such victims. Ingrained bias against women and the stigma attached to victims of sexual violence are some of the obstacles to obtaining justice for women. Emphasis is therefore placed on the promulgation of specific laws to deal with violence against women and the improvement in law and practice to deal with child abuse cases. Hence, the commencement of the review of laws relating to domestic violence. The Law Reform Commission in undertaking the review supports the concern of increased incidences and severity of domestic violence cases, and there are “no appropriate legal mechanisms in place for the purpose of protecting victims of violence within the home and family environment.”^[23]

80. A study by the Fiji Women’s Crisis Centre (FWCC) in 2001, confirmed the widely held perceptions of issues on domestic violence in Fiji. As part of the conclusion, the report states:

...“ Domestic Violence is prevalent in Fiji. It is deeply rooted in gender-based violence in the home as a form of punishment and discipline is commonplace. As a result, there is a general acceptance and tolerance level of violence that has often led to severe acts of violence inflicted on vulnerable groups like women and children for whom interventionist actions are often too late”...

81. The Fiji Law Reform Commission envisages that as a result of this review, “there must be reforms and changes in the substantive and procedural laws in order to render the law appropriately responsive to community needs, values and aspirations and to protect victims of Domestic Violence, whilst at the same time attaining acceptable standards of treatment of offenders, victims and others affected by Domestic Violence” (Qolilawa Darpan, 2005:1). This has resulted in the Domestic Violence Reference now becoming a Bill.

82. The Domestic Violence Bill came about as a result of the key findings of the Fiji Law Reform Commission’s Family Law Report that highlighted the need for this review and overarching considerations that arise from the Constitution, Fiji’s National Strategic Development Plan, and the work of the Taskforce on the Elimination of Violence against Women and Children and human rights obligations.

83. The Fiji Law Reform Commission’s Family Law Report 1999, found that the problem of violence in the family is a common and insidious one and noted that:

• anecdotal evidence suggests an alarming increase in deaths resulting from violence in the home;

• the majority of those subjected to family violence are women in a family setting. Children are also victims of violence both directly and indirectly;

• family violence occurs in both intact and separating families and it may lead to family breakdown;

• family violence is cyclical and inter-generational if effective intervention is not undertaken;

• there is a lack of support services, counselling or conciliation facilities to defuse tension leading up to potentially violent encounters and access to counselling is needed for moral and emotional support;

• family members should have ready access to the Courts to get an effective protection order, the current law lacks clear jurisdiction to make specific family protection or non-violence orders and police involvement will be critical to give effect to the order;

• a protection order should be able to be made swiftly whether or not family breakdown is imminent;

• new legislation to address domestic violence should have clear and effective enforcement procedures particularly given the historical reluctance of police to act.

84. The Commission indicated that the recommendations contained in its report about the proposed power for the new Family Court division to make civil orders for the protection of a family, particularly where other matrimonial orders are being made, were of a transitional nature until specific legislation was enacted. The Commission noted that it intended to make domestic violence a separate civil and criminal reference.

Review of the Penal Code and Criminal Procedures Code

85. The review of the PC and CPC are long overdue and much needed, in order to bring the criminal law and criminal procedure in Fiji into line with modern standards practice, providing a system which also takes into account Fiji’s unique culture and history and make recommendations suitable to Fiji’s current and future needs. There have been previous sporadic reviews of the Penal Code and Criminal Procedure Code.

86. This review in December 2004 had the following objectives:

• to review the Penal Code and the Criminal Procedure Code (PC/CPC) to update and recommend changes in relation to offences, penalties/punishment, jurisdiction, defences and criminal procedures, and relating matters, and

• to ensue fair trial and protection of the rights of people accused of an criminal offence and to ensure fair, effective, speedy and efficient procedures for investigation and prosecution of offences.

87. There is some overlap between the PC/CPC review and the current review in relation to domestic violence. However, the current review provides the opportunity to look at issues that specifically relate to domestic violence. Certain aspects of the Terms of Reference for the PC/CPC review that are also relevant to domestic violence are:

• the law relating to the competency and compellability of spouses;

• penalties and sentences

• penalty options including community work orders and other types of sentences

• conduct of criminal investigations by police

• the use of technology to take evidence at a distance

• alternative dispute resolution, such as reconciliation and family group and

• victim/offenders conferences

88. From the above it is clear that the parameters for examining current law and procedures that relate to domestic violence arise not only from Fiji’s Constitution but also from international treaties that Fiji has ratified.

89. In 2003, the Parliament of Fiji approved increasing sentences to those committing sexual offences under the Criminal Procedure Code. The table below shows the revised penalties.

Revised Sentencing Penalties

(Source: FWCC Newsletter. Vol.7, Issue 1, June 2003).

90. The review of the Penal Code (Cap. 17) and the Criminal Procedure Code (Cap 21) was completed by the Fiji Law Reform Commission in 2006. After receiving submissions from stakeholders and the public, the Commission recognized the need to make Sentencing and Penalties a separate Act of its own. The review recommended that the word “Code” be replaced by Act.

Social Justice Act and the ‘Blue Print’

91. The Social Justice Act 2001 and the Blue Print programme for Fijians and Rotumans have been discontinued by the Interim Government.

Use of CEDAW to support and justify a Court decision

92. Balelala vs. State. The Convention (CEDAW) was used to support and justify a Court’s decision (Annex 2)^[24] to remove the corroboration warning requirement for evidence of victims of sexual violence on the ground of gender discrimination, which was prohibited in the Constitution of Fiji. This case, together with constitutional guarantees of equality, the ratification of CEDAW provides a sound basis for challenging the discriminatory practice of corroboration in sexual assault cases.

Human Rights

93. The Human Rights Act 1999 is Fiji’s EEO laws. The number of complaints to the FHRC, for violation of the right to freedom from cruel degrading treatment and torture declined over the previous four years. The FHRC has also been addressing complaints on discrimination lodged to the Commission by Women in Fiji. Annex 3 shows examples of complaints for the period 01/01/05 – June 2008. Apparently, there were no reports of political prisoners or long-term political detainees.

94. Following the December 5^th takeover, several human rights activists, unionists, political stalwarts and others were detained briefly for making statements against the takeover or the interim military government, or in support of a return to democracy. Formal complaints to the FHRC following the military takeover of Government did not increase in 2007 despite reports of military abuses. According to human rights observers this could be a reflection of the climate of intimidation and fears of reprisal after the takeover.^[25]

95. Subsequent to allegations by human rights NGOs of FHRC’s inaction over the rights abuses, the Director stated that investigation would be conducted for such cases if “formal complaints” were directed to her office. In addition, the FHRC, which has a broad mandate, sent out warnings that people could expect to be detained for speaking out against the takeover during an emergency or political crisis and that freedom of expression could not be guaranteed under the circumstances in which the country found itself.^[26] The FHRC also produced a brochure on national security and human rights which it distributed to Army checkpoints in Suva.

96. The Commission received 90 complaints of abuse of rights by the military during this period and all were dealt with expeditiously, either through conciliation conferences or reference to courts. The FHRC referred all complaints of human rights abuses by military and police to the Attorney General’s Office to deal with the complaints expeditiously.^[27] These complaints are being investigated accordingly.

Women with Disability

97. The Disabled Persons Act 1994 provides the legal framework for those with special needs. Consequently, Government established the Fiji National Council of Disabled Persons which is responsible for the overall development of persons with disability.

98. Women with disabilities are one of the most marginalized groups in societies, as they are multiply disadvantaged through their status as women, as persons with disabilities, and are over-represented among persons living in poverty. Women and girls with disabilities, to a greater extent than boys and men face discrimination within the family, are denied access to health care (especially reproductive health care and advice), education, vocational training, employment and income generating opportunities, and are often excluded from social and community activities.

99. Services and programmes for persons with disability are in most cases provided by NGOs and Community based organisations, for example Fiji Association of Disabled Persons, Red Cross and others. The services they offer range from care giving to education and skills training for both paid and self employment. To address their educational needs, Government and private run schools for the disabled are located throughout the nation. In terms of highest educational achievement, females have a relatively lower attainment than males. About 49% of handicapped females had no schooling at all while another 39% were educated up to primary level while only 10% had attained Junior Secondary compared to 15% of males handicapped. ^[28]

Draft National Policy for Persons with Disabilities 2006-2016

100 Through consultations coordinated by the Fiji National Council for Disabled Persons (FNCDP), a draft national policy has been put together to provide a framework for addressing disability in Fiji. This policy is in line with the “Biwako Millennium Framework for Action Towards an Inclusive, Barrier-free and Rights based Society for All in Asia and the Pacific”. Although, the FNCDP is guided by the principles in the: Constitution of Fiji 1997, Social Justice Act 2001, FHRC Disability Action Plan, Biwako +10 and other UN Disability-related declarations, mandates and conventions, the adoption of this policy will help break barriers hindering the full participation of people with disabilities in the social and economic life of Fiji.

Human Rights Awareness Training

101. One of the key challenges is the dissemination of human rights to women particularly for those at community level where the majority have limited access to education, exacerbated by the limited communication channels. Therefore women’s rights will continue to be strengthened through increasing human rights awareness training and programmes at all levels including villages and settlements.

102. The Fiji Human Rights Commission drives education and human rights training and awareness through workshops, seminars and the media. However, there is a need to continue to pursue human rights awareness for women at all levels of society for all women, including young women, those who are poor and disabled and other marginalised groups. In addition, more public awareness is necessary so men and women can know their rights under the Constitution and also assist in changing traditional attitudes and mindset towards these marginalised groups.

103. NGOs also carry out similar training exercises. Strongly behind this call is RRRT’s national partner organisation, the Fiji Women’s Rights Movement (FWRM). In the past two months FWRM, in collaboration with Fiji’s NGO Coalition on Human Rights, has been a prominent force in encouraging debate, raising public awareness and mobilising public opposition through lobbying, media advocacy, public rallies, Community Paralegal support and awareness raising campaigns. This has included distributing a pamphlet “reasons why the Reconciliation, Tolerance & Unity Bill is not good for Fiji” via local newspapers The Fiji Times and Nai Lalakai to dispel misconceptions surrounding the Bill.^[29]

Article 3 Measures to guarantee comprehensive advances by women

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to en sure the full development and advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

Introduction

104. Women and gender issues have been part of the strategic development plans of successive governments. Although we have not been able to achieve the desired outcomes for women, there have been progress in certain areas. Some of the notable achievements are discussed in the subsequent sections below.

Women Plan of Action 1998-2008

105. Since the last report, the implementation of the Women’s Plan of Action (WPA) was ongoing with various projects and programmes implemented at all levels. The objectives of the WPA have been partially achieved with the achievements under each area of concern made possible in partnership with key partners and stakeholders. Some of the major achievements were as follows:

106. Mainstreaming of Gender Issues:

o In 2003 under a technical assistance from the Asian Development Bank, gender audits were conducted in two pilot ministries, the Ministry of Agriculture and the Ministry of Health.

107. Amongst others, some of the recommendations from the two audits were:

o Prepare a gender mainstreaming brief with clear messages on the benefits of incorporating gender mainstreaming into policies and programmes;

o Capacity building for management and staff through increased awareness of the importance and potential for increased effectiveness from gender mainstreaming. Gender analysis as part of their daily work can assist in more effective delivery of their respective mandates;

o Gender Focal Points to participate fully in inter ministerial gender activities and to assume leadership in their respective organisations to put in place necessary mechanisms to facilitate gender mainstreaming;

108. Although there were recommendations in the respective reports, these were not carried out and addressed due to capacity constraints within the national women’s machinery and competing priorities in the Ministry of Agriculture and the Ministry of Health.

109. Based on ‘learning by doing’ and lessons learnt from the gender audits, the Department of Women with the assistance of ADB and Agriteam Canada was able to produce a publication titled ‘The Gender Assessment Pathway.’ This publication provides a step by step guideline in conducting a gender analysis of policies and programmes.

110. Another notable achievement was the publication “Women and Men of Fiji Islands: Gender Statistics and Trends” (2005) written by Chandra and Lewai. This book was produced by the Department of Women in partnership with the Institute of Population Studies, University of the South Pacific. Amongst others, the book provides statistics on gender, education and training; the health status of men and women.

111. In 2004 the Public Service Commission in partnership with UNIFEM, produced a Gender training manual to facilitate gender sensitivity and training in the Fiji Public Service. This is a classic example of gender mainstreaming where responsibility for genderising policies and programmes is driven by the Public Service Commission rather than from the periphery. However, funding constraints coupled with inadequate monitoring and high staff turnover negated the progress of this programme.

112. During the reporting period, Gender sensitivity training and CEDAW awareness both in community and public service continued to be pursued by the national women’s machinery and partners.

113. Micro-enterprise development programmes included the following:

• Basic skills for business and practical training at community level;

• Establishment of cottage industries;

• Community based income generating projects.

114. Decision-making and increasing the presence of women in formal decision making bodies continued to be pervasive even though successive government had put policies in place. Being mindful of the existing gap, the national women’s machinery provided capacity building and empowerment programmes such as:

• Leadership skills training at community level;

• Nomination Service with the Department of Women

• Grants to NGOs – Some of the training programmes were outsourced to issue based NGOs to conduct programmes on behalf of the Department of Women. In addition financial assistance was also provided to community based organisation and women’s groups who applied for funding for their projects.

• Women in Shared Decision Making(WISDM) project was also undertaken by the National Council of Women, Fiji

115. The Elimination of Violence against Women continued to be addressed by stakeholders including Police, NGOs and other partners. Some of the programmes were:

• Partnership with other stakeholders on male-advocacy trainings;

• Inter-agency community awareness training workshops;

• Media Advertisements – supporting and joining women NGOs on campaigns and actions to eliminate violence against women and continued to facilitate awareness programs in partnership with stakeholders. For instance, 16 Days of Activism to stop violence in our homes;

• National Policy on Sexual Harassment at the Workplace came into effect on January 5, 2008 (this is further discussed under Article 11).

• “Zero tolerance and Violent free community” – Pilot Project (partnership with Fiji Police Force, Lautoka Town Council and Fiji Women’s Crisis Centre).

Legislation

116. Legislative changes include:

• Family Law Act 2003 was passed in Parliament in 2003 and became effective in January, 2005; this is discussed in more details under Article 16.

• Domestic Violence Reference now a Bill (discussed further under Article 16);

• Employment Relations Promulgation 2008. The Ministry of Women made submissions to the Ministry of Labour during the consultation stage. ERP has provided a progressive framework that promotes dialogue and consultation, a shift from the traditional confrontation approach between employers and employees representatives and trade unions. The ERP is discussed in more details under Article 11 on Employment.

National Policies on Gender and Development

117. The medium term Sustainable Economic Empowerment Development Strategies (SEEDS) Plan 2008-2010, addresses issues pertaining to the advancement of women which will benefit them as well.

Box 1 Chapter 9.9 Gender & Development

Policy Objective: Achievement of gender equality and empowerment of women through participation in business and decision making process, entrepreneurial support in formal and non formal sector.

118. Chapter 9.9 (Gender and Development) of the SEEDS Plan outlines amongst others, the following strategies to implement the policy:\

• Review, implement and monitor Laws in relation to UNCEDAW (articles 1-16); gender mainstreaming institutions strengthened; a National Women’s Plan of Action implemented; Domestic Violence bill enacted; awareness training on Family Law Act and ensure appropriate sentencing penalties including counselling for violent crimes against women and children;

• Mainstream gender perspectives into all sectoral development programmes;

• Gender training at all levels including rural communities;

• Increased partnership with research institutions to provide evidence based research and results to make informed policy decisions.

119. These key performance indicators will measure the achievements of the above objective:

• Share of women in wage employment in the non-agricultural sector increased from 35.9% to 37.9% by 2011 (MDG);

• To combine primary girls: boys ratio of 1:1 (MDG)’

• The proportion of female school principals, vice and assistant principals to be not less than 25% by 2011;

• The proportion of female CEOs in Government to be at least 20 % by 2011;

• At least 1 woman in each Government Board committee, board, tribunal, council and commission;

• Proportion of seats held by women in National Parliament and Municipal Elections to be not less than 20% (MDG);

• Number of women supported by micro-finance increase from 5,100 in 2006 to not less than 19, 500 by 2011; and

• Cases of domestic violence recorded by Police to be monitored and analysed.^[30]

120. The mid term review of the WPA in 2005 recommended the inclusion of two new areas of concern, namely:

i. Formal sector employment and livelihoods and

ii. Health and reproductive health.

The report also recommended incorporating micro enterprise development into Livelihoods and Sustainable Development. The following were identified to be the new areas of concern for the revised WPA:

a) Women and the Law (retained);

b) Formal Sector Employment & Livelihoods (new);

c) Health and Reproductive Health (new);

d) Women and Gender in Decision Making;

e) Elimination of Violence Against Women and Children (retained).

121. Government has approved the recommendations and is in the process of carrying out a situational analysis of the five areas of concerns which will provide the platform for the new (revised) Women’s Plan of Action (2009-2018).

Women NGOs

122. The advancement of women in Fiji can be attributed to the efforts of NGOs and community based organisations. Recognising the significance of these organisations, the partnership is integral to the development processes for women’s progress. In response to the concluding comments of the UNCEDAW Committee, NGOs are represented in the Women’s Advisory Committee and also in the five taskforces of the WPA and these are:

a) Gender mainstreaming taskforce: NCW Fiji; SSV; Fiji Disabled People’s Association and Fiji National Council of Disabled Persons.

b) Balancing Decision Making Taskforce: NCW; SSV; Fiji Employers Federation; Fiji Trades Union Congress; PPSEAWA and Femlink Pacific.

c) Review of Laws Taskforce: Fiji Women’s Rights Movement; Fiji Women’s Crisis Centre; NCW; SSV.

d) Micro enterprise Development: Micro Finance Unit/NCSMED; NCW;SSV;

e) Elimination of Violence Against Women: FWRM; FWCC; NCW and SSV

Article 4 Acceleration of equality between men and women

1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.

Introduction

123. During the reporting period, no temporary special measure was put in place to accelerate the de facto equality of men and women. The continual change in government is in a way contributes to the slow progress of women in certain areas such as decision making, Parliamentary membership etc. However, in terms of maternity protection, this is articulated in the new Employment Relations Promulgation. (This is discussed further under Article 11).

Gender Issues in Employment and Underemployment

124. In 2005, a survey on Gender Issues in Employment and Unemployment^[31] was conducted. Findings indicate a number of areas that could be taken up by stakeholders to further progress Fiji, towards the objectives of gender equality as articulated in CEDAW. The FIBS can also undertake additional surveys such as “time use” surveys which can provide additional information for us to better understand how society works and uses its available time for economic, social, sports, and leisure activities.^[32]

125. Data from this study shows significant gender gaps throughout the economy. With the existing mechanisms, such as the Wages Council, income policy initiatives could be examined to improve the lot of Female workers who are very vulnerable in the informal sector, not protected by unions.

126. Policy makers might wish to develop more gender- specific National Development Goals (NDGs thereafter) as part of its overall framework in monitoring MDGs. There is room for campaigns to encourage Females to pursue higher education, and to be selective towards labour market industries and occupations where gender disparities are low.^[33]

Article 5 Measures to change sex roles and stereotypes

States Parties shall take all appropriate measures:

(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

Introduction

127. While the reference to "women’s concerns" recognises the need to focus on improving their specifically disadvantaged situation in society; the reference to ‘gender concerns issues’ reflects the resolve to address unequal relations between women and men resulting from socially and culturally determined gender roles. This gender inequality infiltrates all aspects of life including the tacit acceptance of violence against women in the home, unequal access to resources, skewed distribution in employment, decision-making and political participation.

Culture and Tradition

128. Fiji is a patriarchal society, where generally men are perceived leaders and decision makers whilst women are expected to listen and implement those decisions. This is present amongst all ethnic groups. These perceptions had developed over centuries and are products of a complex mix of culture, history, custom and religion which will take a while to change. Such stereotyped attitudes and perception particularly (in both Fijian and Indo Fijian societies) have a lot of implications for women and men. This is reflected in the composition of decision making bodies where men continue to dominate membership of formal planning and development committees including school committees. Women are expected to be the recipients and implementers of decisions from these institutions.

CEDAW Awareness and Gender training

129. The national women’s machinery continues to be challenged by the persistence of traditional stereotypical views, societal attitudes, preferences, biases and prejudices. Nonetheless with renewed national commitments, progress is envisaged to accelerate. In response to the concerns raised by the UNCEDAW Committee, the Department of Women and its partners conducted CEDAW awareness and continue to conduct gender-sensitivity training at all levels throughout the nation. The overall aim is to change attitudes and stereotypes of men and women.

Gender roles

130. The stereotyped attitude and practices have a profound impact on formal decision making where women are seldom visible. Changing attitudes and social perceptions is a long process. However, efforts are underway to bring about positive attitudinal changes through gender sensitivity training both at official level and within communities. Even though women are still being marginalised, it must be acknowledged that changes in the ingrained attitude and perception against women are taking place, although at a very slow pace.

131. In addition, increase in women’s educational attainment have also enhanced the type and level of work in which women can participate in, apart from their traditional gender roles. There is also room for public campaigns to encourage Male Economically Active persons (men and boys) to do a little extra in household work that can place burdens if their Female partners in their households.^[34]

Religion

132. This is one of the fundamental underlying components of life within all ethnic groups in Fiji. The majority of Fijians are Christians whilst a large number of Indo Fijians practice the Hindu religion and a smaller number are Muslims. These religious bodies play a prominent role in the lives of the people and decisions they make have a profound impact on them as well. Decision makers in these religious institutions are predominantly males.

Violence Against Women

133. Violence against women is one of the critical issues that retard the progress and development of women and an obstacle to the implementation of CEDAW. Gender based violence is not confined to any particular ethnic group and is common particularly in the two major ethnic groups namely, Fijians and Indo Fijians. In a recent study,^[35] violence against women was disaggregated into the following: domestic violence, rape within marriage; sexual violence and prostitution and trafficking.

134. Violence comes with many costs and affects not only women but communities, the private sector for loss of productivity and the public sector as well. There are also cost related resulting from domestic and gender based violence. The public sector provides costs on health care services and the amount of time spent by police in investigating crimes of violence against women and children. Once reported cases end up in Court, law enforcement costs include processing restraining order and the court processes itself. The public sector also bears the cost where Legal Aid or Public Legal Advisor is needed by victims and or survivors of gender based violence. This is discussed in more details under Article 16.

No-drop policy

135. The increasing number of assault cases has prompted the Fiji Police Force to adopt a zero tolerance policy on all assault charges. This policy became effective on 5 June 2008. This policy would strengthen the commitment to address gender-based violence. NGOs and society at large have welcomed the initiative by the Fiji Police Force to adopt a “zero tolerance” policy on all assault charges. The Police Force have noted an increase in four types of assaults and decided on the no-drop policy. Police have found that assault cases, whereby people actually cause bodily harm to other people, have increased and the Force believes that there needs to be an end to it. This zero tolerance policy on assault cases is similar to the “no-drop” policy on domestic violence cases. For example, if a woman goes and reports to Police that her husband assaulted her, he will be charged and investigated and, if proven guilty, will be sentenced. Other measures include Male Advocacy training in the elimination of violence against women at the Republic of Fiji Military Forces and the Fiji Police Academy. The issue is further discussed under Article 16.

Sexual Offences Unit

136. In its commitment to effectively address violence against women and children, the Fiji Police Force set up the Sexual Offences Unit in 1995 to enable a more effective and sensitive response by Police when dealing with victims of sexual assault. There are four such units throughout Fiji but each of this unit is under resourced. In a recent study^[36] the following concerns were highlighted:

• Lack of resources affects the standard of service provided by the unit;

• Unavailability of police officers from the Unit;

• Insensitive and sometimes hostile attitudes when dealing with victims; and

• Unnecessary delays when attending to particular cases. ^[37]

137. According to the Sexual Offences Unit, it takes an average of 2.5 years for a case to go through the system and end up in sentencing. On average cases take about 1.5 years to reach the courts.

138. Women are at liberty to join civil society organizations and some of the most active civil society organizations which exist in Fiji are those headed by women. Social norms and gender roles entrenched in women made them more cautious about the welfare of the family.

Article 6 Suppression of the exploitation of women

States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

Introduction

139. Under the Penal Code, the act of loitering or soliciting for the purposes of prostitution is an offence in Fiji thereby ‘punishing’ those engaged in prostitution rather than affording them the rights and protections enjoyed by other workers. Although illegal, local women continue to engage in prostitution, however, it has been noted that those who are engaged in this (sex) industry are more organized. They work closely with the Ministry of Health and NGOs which provide them access to health education, health care services and facilities.

140. There are provisions for those who profit from the sexual exploitation of women under section 166 of the Penal Code which states:

s166 – (1) Every male person who-

(a) knowingly lives wholly or in part of the earnings of prostitution; or

(b) in any public place persistently solicits or importunes for immoral purposes, is guilty of a misdemeanour. In the case of a second or subsequent conviction under this section the court may, in addition to any term of imprisonment awarded, sentence the offender to corporal punishment.

141. Although there are legal provisions, offenders are seldom taken to task on this issue, Police indicate the difficulty in charging offenders due to weak legislations and insufficient evidence.^[38] However there has not been any major legislative changes and programmes for the reintegration of those engaged in prostitution except for the Women’s Heart in Action (NGO) which provides training and reskilling for alternative livelihood programmes for prostitutes.

Trafficking of women and girls

142. Since the Initial Report, one of the emerging issues in Fiji is “prostitution and trafficking of women and girls”. The Immigration Department has exposed an organised prostitution racket in which Chinese National enter the country on students visas. In June 2008, 20 women were deported to China after they failed to attend 80% of their classes, a requirement under the student visa. According to the Director for Immigration^[39] these foreign nationals abuse the system in the pretence of wanting to study English in our local institutes. For the period 2005 -2008, the number of student visas that have been cancelled totalled 88. The major clientele for this trade are coming from the foreign fishing vessels that come to Fiji.

Human trafficking report 2007

143. The US State Department Report on Human Trafficking in 2007 stated that Fiji is host to trafficking of women and girls from India and China who come to work in the garment factories in Fiji. The Report further cited Fiji on the category of “Tier 2” Watch list because the Government does not have sound laws to address this issue, even though it is a party to the Convention of the Suppression of Trafficking Women and Children.

144. However, Government is committed to addressing this issue in its development plan, the Sustainable Economic Empowerment Development Strategies (SEEDS) 2008-2010

Box 2 Chapter 4.2

Policy Objectives:

Fiji is protected from political, social, terrorist, criminal, economic and environmental threats, and its sovereignty and territorial integrity are ensured

Amongst others, two of the strategies for implementation are:

• Review Fiji’s airport and seaport security arrangements;

• Strengthen Fiji’s capacity and capability to enforce and prosecute people trafficking (Immigration Act) and establish an Anti-People Trafficking Framework 2007.

The new Immigration Regulations 2007 came into force on 3 January 2008. The new regulations attempt to address the issue of trafficking and prostitution by foreign nationals through the strengthening of partnership between the Department of Immigration and education service providers. This has become necessary in light of the increasing number of women who are here on students’ permit but are also engaged in illicit activities such as prostitution. Section 34 outlines the conditions of grant of student visa:

s34 – (1) The following conditions apply to the grant of a student permit, that is to say, that the holder of the permit agrees-

a. To attend at least 80% of the contact hours scheduled for each term and each semester of the course that the holder is enrolled in;

b. To achieve an academic result in the course that the holder is enrolled in which is certified by the education institution to be at least satisfactory;

c. To continue to be enrolled at an education institution in the Fiji Islands;

d. To notify the Director of Immigration of any change of educational institution that the holder of the permit intends to make;

e. Not to behave in a manner that is prejudicial to the peace, good order, good government or morale of the people of the Fiji Islands;

f. Not to engage in any religious vocation except with the written approval of the Permanent Secretary; and

g. Not to breach any other conditions that the Permanent Secretary may, in writing, impose.

145. According to the US State Department report, new data provided over the last year suggests that Fiji is seeing a rise in the trafficking of children in sexual exploitation. Some boys and girls are victims of sexual exploitation by Fiji citizens and foreign visitors. Local hotels procure underage girls in prostitution at the request of foreign guests. ^[40] This is an area which needs to be looked at seriously and collectively by Government and NGOs.

146. A research^[41] conducted in 2006, confirmed the presence of Commercial sexual exploitation of children and prostitution for women, girls and boys in Fiji. The underlying factors contributing to the risk of CSEC and sexual abuse of children are:

• Lack of job opportunities which create financial hardship and lack of funding for children’s education;

• Inability to afford basic daily needs;

• Cycle of abuse and neglect already present in some families.

147. Fiji is a major tourist destination and there is anecdotal evidence collected by the study that some tourists visit Fiji with the main objective of procuring sexual relations with underage girls and boys.^[42] Apparently, prostitution and sexual exploitation are economic issues with serious social implications for all concerned which can be negated if addressed holistically through a multi sectoral approach.

PART II

Article 7 Political and Public Life

States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:

(a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

Introduction

148. Representation of women in decision making bodies continues to be a major challenge, in light of the political changes. Although successive Governments had a policy of having at least 30% representation since 2003, this has not been achieved. Achieving the goal of shared decision-making between men and women will reflect the composition of society and strengthen the democratic processes of governance. It is also a necessary condition for women’s interests to be taken into account. Without the active participation of women and the incorporation of women’s perspectives at all levels of decision-making, the goals of equality, development and peace articulated in global women’s conferences will be difficult to achieve.

149. The Electoral Act 1999 provides equal rights to men and women to enter politics either as a candidate in the elections or as a voter. Voting is compulsory under the Act and women are always encouraged to exercise this, their right.

150. There is no special provision or quota. Political parties have provisions for gender balance in their respective constitutions to promote the active participation of women in elections and the allocation of ‘safe’ seats to women during elections.

Women in Parliament

151. This is still one of the areas where women continued to be marginalised. In 1999-2000 there was a record number of 15 women in Parliament out of a total of 109 seats ion the upper and lower houses. However, this declined after the General Elections in 2001 when only 5 women were elected and 4 women senators were appointed. There were 2 women ministers out of the total of 20 Cabinet Ministers. Government has endorsed MDG 3 for women’s empowerment, for which a key indicator is the proportion of seats held by women in National Parliament. In 2006, there were eight women parliamentarians amongst the 71 members of the House of Representatives and five women Senators in the 42 member Upper House (Senate). In 2007 there were two women in the Interim Cabinet; however this was reduced to one due to streamlining of ministerial portfolios in 2008.

152. The UNIFEM review of the Women in Politics programme in 2005 identified voter attitudes as an important factor. Women still vote according to the advice of menfolk who still favour male candidates. Another contributing factor is the complexity of the preferential voting system in Fiji. Many voters in Fiji find the dual system too difficult to understand. The study also suggested that a review of the electoral system is needed where proportional representation should be considered. It is envisaged that the change would accelerate increased political participation of women and other minority groups as well.^[43]

Fiji League of Women Voters

153. In creating an environment that is conducive for women to participate in politics; the Department of Women together with other women NGOs formed the ‘Fiji League of Women Voter’s in April, 2006. It also aims to educate women voters on their rights and making their vote count in electing women politicians to advocate for women issues. This affirmative action is put in place to advance women’s representation in Parliament and at other levels of decision making including Local Government, Provincial Councils and Tikina Councils and District Advisory Councils.

Statutory Boards

154. Improvements in this area continue to be pervasive, with women comprising 19% of representation in statutory boards and committees.

Table 3 Membership - Decision Making Bodies, 2002

Source: PSC Unpublished data, 2008

155. As evident from the above table, women comprise only 19.1% of members of state boards, committees, commissions, and others. The Interim Government has recently approved a 30% membership for women in all Government Boards, committees, tribunals and commissions. To accelerate the implementation of this policy, the Department of Women has revived the Nomination Service which has a list of names and curriculum vitae of qualified women to be nominated for membership of such boards and committees and so forth. The ultimate aim is to increase the number of women in public sector boards, committees etc.

156. The Department is mindful that the lack of interest shown by some of these qualified women to take up such positions could be attributed to their dual and multiple roles and responsibilities as professional women, wife and mother.

Hospital Board of Visitors

157. Women membership of hospital boards and committees has improved significantly. Latest statistics show that women now comprise 49% of members of these hospital boards.^[44] It is envisaged that the increased participation of women will certainly progress the gender component of service delivery and other improvements. In addition these women members, with their exposure to formal decision making can also effectively participate in other development forums thus contributing effectively to the overall development of their rural communities.

158. In the public service, women occupy only 18% of the upper echelon of Government whilst the majority of them are at the lower rung which includes nursing, teaching and clerical work. This is discussed in more detail under Article 11.

UN Security Council Resolution 1325 on Women, Peace and Security

159. The Minister responsible for Women was recently appointed into the National Security Council. By virtue of this appointment; the Director for Women becomes a member of the Intelligence Advisory Committee and other security committees. This is a milestone for the women of Fiji and the move will enhance and accelerate the efforts of women in pursuing the implementation of UN Security Council Resolution No. 1325, Women, Peace and Security.

Constitutional Offices

160. Since the promulgation and adoption of the Constitution Amendment Act, 1997, no woman has ever been appointed into a Constitutional Office. However, as at June 2008, two women have been appointed into two of these seven Constitutional Offices namely, the Ombudsman and the Supervisor of Elections.

Judiciary

161. The first woman Puisne Judge was appointed to the High Court in 2002. Since then, there are 4 women who now sit at the bench including the Family High Court. In addition, the first woman Chief Magistrate was appointed in 2007. There is also an increase in the number of women magistrates. As at June, 2008, there are altogether 2 women Judges in the High Court; 2 in the Family Court and 7 women Magistrates. This is a significant increase since the initial report was presented in 2002.

Local Government

162. There are three distinct administration structures at the local government level. Cities and towns are governed by Municipal Councils whereas in rural areas there are the Provincial Councils which administer ethnic Fijian population whilst all other ethnic groups within the province are governed by District Advisory Councils. The City and Town councillors are elected on a four yearly basis based on political parties or ratepayers associations.

Table 4 Municipal Councils membership by Gender 2008

Source: Ministry of Local Government (unpublished report)

District Advisory Councils

163. The Department of Multi Ethnic Affairs is responsible for development of all non indigenous communities in rural areas. The Department operates with the support of seventeen District Advisory Councils. The councilors play a vital role within their respective community in providing the link between the Department and the community. The role of these councils includes management support in facilitating services to the community in identifying self-help projects. Secondly, they assist in verifying income levels of parents and guardians of scholarship applicants under the Multi-Ethnic Affairs Scholarship Scheme.

164. Fiji being a patriarchal society, membership of all these councils reflects the traditional and stereotype attitude where women are almost invisible in these institutions. Except for Municipal councillors, the Provincial and Advisory Councillors are nominated by the Minister for Indigenous Affairs, Provincial Development and Multi Ethnic Affairs.

Provincial Councils

165. Provincial Councils are based on the traditional hierarchy of the ‘vanua’ hence it is quite difficult for non chiefly indigenous women to become members of the latter. All chairpersons of Tikina Councils within the province automatically become members of their Provincial Council by virtue of their appointment. Therefore a female chief who is the chairperson of her Tikina Council is a member of the Provincial Council. The only other female member is the leader or president of the Soqosoqo Vakamarama^[45] in the province. However, changes are happening as there are some provinces which now have more than one woman in the council.

Women in NGOs

166. Although women NGOs are registered under the Charitable Trust Act, 1945, their functions are not limited to charity work. Some of these prominent issue based NGOs like the Fiji Women’s Rights Movement (FWRM) and Fiji Women’s Crisis Centre (FWCC) are actively involved in advocacy for women’s rights and addressing gender based violence and elimination of violence against women.

167. FWRM also has a programme “Emerging Leaders Forum’ (ELF) which targets young women between the age of 18 and 25 years. The main objectives of the year long programme are:

• To introduce emerging leaders to issues facing young women in Fiji and worldwide;

• To allow in depth discussion so that various important topics and current affairs may be better understood.

168. Participants of the EFL are introduced to issues surrounding leadership, business, the environment, the media, reproductive health, human rights, tourism, poverty, the law, HIV and AIDS, culture and religion, their impact on women and the role of women in each area.^[46]

169. During the 2006 General Elections, FWRM raised funds to assist women candidates in their election campaigns.

170. The National Council of Women has also been instrumental in pursuing the ‘Women in Politics and Shared Decision Making’ programme at all levels from the community to national.

171. Women occupy management positions in most Non Government Organisations. They have also been very active in lobbying for changes in areas that require improvements.

Article 8 Representation

States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

Diplomatic Service

172. The Government is an equal opportunity employer, it provides for the equal participation of men and women in the diplomatic service. During the reporting period only one woman was appointed as Head of Mission, while other women have acted in these positions. However, women have been appointed at the Deputy High Commissioner and Counsellor levels.

173. There has been no special or affirmative programme designed to assist qualified women to pursue a career in the diplomatic service.

International Conferences

174. Women also represent Fiji either as head of or members of Government delegations to international conferences and meetings. Women Ministers usually lead the state delegation to international conferences and seminars relative to their respective portfolios. In essence, women are chosen to represent the country based on merit and their professional expertise.

International & Regional Organisations

175. Fijian women are making progress as professionals in international and regional organisations in the past five years. At the UNDP Multi Country Office in Suva, the three thematic team Leaders are all women. Fijian women also hold some key positions in certain regional organisations, institutions and the academia. For example the Vice Chancellor and Pro-Vice Chancellor of the University of the South Pacific are both Fijian women.

Peacekeeping

176. Compared to the past five years, more women have now been recruited into the Republic of Fiji Military Forces (RFMF). They now participate in peace keeping missions with the United Nations specifically in Iraq, Sudan, Afghanistan and the Multinational Forces Observers (MFO) in Sinai.

177. A more significant increase has also occurred in women’s recruitment into the Republic of Fiji Police Force. Female members of the RFPF also join their male counterparts in peacekeeping duties internationally and also with the Australian led Regional Assistance Mission to the Solomon Islands (RAMSI).

Article 9 Nationality

1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

2. States Parties shall grant women equal rights with men with respect to the nationality of their children.

178. The Constitution Amendment Act 1997 recognised equal rights to citizenship for both men and women and equal status to spouses of Fiji citizens whether female or males. The marriage of a Fijian woman to a foreign national does not change her nationality unless she desires to change. They continue to enjoy the same rights as men on the issue of citizenship and nationality and that of their children under the Constitution (Amendment) Act, 1997. Dual citizenship is not allowed in Fiji

179. Citizenship of Fiji is acquired by birth, naturalization, or registration. The Government grants permits to people who wish to enter and reside in Fiji, either as visitors for less than six months, or on work permits.

180. Citizenship by registration is articulated under s12 of the Constitution Amendment Act 1997

s12 (6) An application for citizenship by registration made by an adult who is a citizen of another country must be granted if:

(a) the person was formerly a citizen of the State; and

(b) he or she renounces the other citizenship.

(7) An application for citizenship by registration made by an adult who is or has been married to a citizen must be granted if the applicant:

(a) has been lawfully present in Fiji for a total of 3 of the 5 years immediately before the application; and

(b) complies with such other conditions as the Parliament prescribes.

181. Citizenship by naturalisation is outlined in s13 of the Constitution which states that

s13 - (1) A person may become a citizen by naturalisation.

(2) A condition of naturalisation is that the person has been lawfully present in Fiji for a total of 5 of the 10 years immediately before the application for naturalisation is made.

PART III

Article 10 Education

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

(a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training;

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

(d ) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

(g) The same Opportunities to participate actively in sports and physical education;

(h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

Introduction

182. The Education Act Cap 262 provides the legal framework for Education in Fiji.

The Ministry of Education is responsible for the delivery of education and education services to schools, pre-schools and training centres. Amongst others, it provides policy guidelines, curriculum framework, qualified teaching personnel and support to controlling authorities and education and training institutions.

183. In 1995, Fiji along with other 155 member states adopted the United Nations World Declaration for Education for All. The EFA goals are:

1) Expand early childhood care and education;

2) Universal access to free primary education;

3) Equitable access to life skills programmes;

4) Expand adult literacy by 50% by 2015;

5) Gender equality and

6) Quality of Education.

184. The Ministry of Education is totally committed to development of the Action Plan for Education for All (EFA) which covers the period of 2000-2015. And based units report, the Fiji’s (EFA) Mid-Decade Assessment Report for the period 2000-2007, it highlights that gender parity equality is a non-issues because of its free and compulsory basic education for all children.

185. Within Fiji’s education system boys and girls have equal opportunities to all levels of education and government policies require that all scholarships be shared equally between boys and girls, so according to EFA’s MDA “gender parity and equality is of a low priority”.

186. Government continued its commitment to education and training through its annual budgetary provision. The annual allocation for the education sector was 5.1% of GDP in 1991 and this increased to 6.4% for the period 2002 – 2005. For 2005, the education sector accounted for 20% of the total Government expenditure.^[47] This indicates Government’s commitment to improve the quality of education and its service delivery. Education is seen as the most effective way to alleviate poverty and hardship for those who are poor and marginalised.

187. In addition the European Union funded Fiji Education Sector Programme (FESP) which began in 2004 is one of the most significant interventions in the education sector. The overall objectives of the programme are: to achieve equitable access; achievement in lifelong education for disadvantaged communities and to improve the quality, relevance and outcomes of learning.

188. The five result areas are:

• To assist schools with their building needs by providing classrooms, dormitories, teachers’ quarters, kitchens and dining rooms, water supply and sanitation etc.

• To support the two Government teachers training institutions, Lautoka Teachers college and Fiji College of Advanced Education in organising and conducting teacher training practice in remote and rural areas. Curriculum reform and technical & vocational education also benefited from this programme.

• Schools in disadvantaged communities will receive support for teaching resources including equipment, teaching materials, books and computers.

• Promote better co-ordination amongst stakeholders so that developments in education are harmonised and duplication avoided. Strengthen structures of education at all levels to better implement the Ministry of Education policies and plans. Needless to say, education is a cross cutting issue to housing, health and poverty and is strongly associated with improved living standards.^[48]

Access and Participation

189. Over the past decade, Government in partnership with communities have focussed on increasing access to quality education for all. The measures undertaken to make education accessible include the provision of qualified teachers, the provision of grants to subsidise the cost of education to the community and the upgrading of facilities.

190. In recognition of the critical role of a good education as a poverty alleviation strategy, Government continued to subsidise the cost of education. In 2006 tuition free education is available from primary up to Form 7 in secondary schools. Despite this Government commitment, other assistance for disadvantaged children and now compulsory school attendance, a number girls and boys of primary school age continue to drop out of school. In most cases families cannot afford other fees levied by schools and costs such as uniforms, books and transport.^[49]

191. In Fiji there is very little gender disparity in primary and secondary education. The 1996 census showed that almost equal proportion of boys and girls stayed at school until the age of 18 years.

Table 5 The MDG Goal 3: Promote Gender Equality and Empower women

Source: Fiji MDG report (2004)

Early Childhood

192. Pre-school is now becoming more accessible to a greater number of children and there is almost universal access to primary education. In 2006 fourteen Early Childhood Education centres were also registered during the year.

School Enrolment 2004 – 2005 2004 2005

Pre- Primary Schools* [no.] 481 531

Enrolment

Male 4,308 N/A

Female 4,320 N/A

Primary and Secondary

193 In 2006, three new primary and two secondary schools were registered bringing it to a total of 719 and 164.

Primary school net primary enrolment for girls in 2005 was 96 percent and gross primary enrolment of 105 per cent. Female gross secondary enrolment in 2005 was 91 per cent.^[50]

194. All secondary school students have access to careers counselling and vocational guidance to enable them to make informed decision and choices for their careers. For the past five years the Ministry of Education in conjunction with the Public Service Commission and tertiary institutions organised Careers Expo throughout the nation to assist students in their choice of career.

Table 6 Students Enrolled and Number of Teachers 2005-2007

Extracted from FIBS – Education Statistics

195. The above table shows improvement in the Teacher – pupil ratio for both primary and secondary schools in 2005 – 2007. In fact there has been progress over the last decade, declining from 1:30 in 1995 to 1:28 in 2005 for primary education and for secondary it declined from 1:20 in 1995 to 1:16 in 2005^[51] However, in both primary and secondary education, teacher pupil ratio is higher for urban schools than rural schools. This partly reflects the dispersed population and the emphasis placed on access to education especially for students in rural areas.

Special Schools 2004 2005

Special Schools (no.) 17 17

Enrolment by Race

Fijian 547 600

Indian 444 356

Others 77 51

Teaching Staff 127 103

Tertiary education

196. The University of the South Pacific caters for students from twelve Pacific Island Countries The number of Fiji students increasing significantly from 55% in 1996 to 74% in 2002 when women make up 50% of the total number of students from Fiji. Gender statistics at USP show that women tend to enrol in courses that lead to ‘feminine career paths’ for instance the degree and diploma programme on teaching have a high proportion of women students.^[52]

Table 7 Completion Awards by Gender 2006

Source: USP Gender Mainstreaming Feasibility Study, 2008

197. Apart from USP the other tertiary institutions include the University of Fiji, Fiji Institute of Technology, Fiji College of Agriculture, Fiji College of Advanced Education, Lautoka Teachers College, Fiji School of Medicine, Fiji School of Nursing and the TISI Nursing School.

Table 8^[53] Enrolment at Tertiary Institutions 2003-2005

Source: CHRIS website

Teacher Qualification and Training

198. Government in its commitment to improve the standard of education in Fiji reviewed its policy on teachers’ qualification. In addition teachers have access to degree and postgraduate programmes. They can either take study leave or through Distance and Flexible Learning mode tenable at USP.

199. In addition to the State owned Lautoka Teachers’ College primary teacher training is provided at Corpus Christi Teachers College, Fulton College where students graduate with a Diploma in Primary Teaching. On the other hand the Bachelor of Education (Primary teaching) is tenable at the University of the South Pacific which also provides Bed programme for secondary school teaching. Teacher training statistics for the 2005 – 2006 is outlined in the following table:

Table 9 Teacher Training 2005 - 2007

Source: FIBS Education Statistics (2008)

School Curriculum

200. The new National Curriculum Framework (NCF) is aligned to the holistic development of the child. The framework encompasses early childhood education up to Form 7 inclusive of special education and technical and vocational education and training. The framework includes the four pillars of education as stated by UNESCO:

• Learning to Know;

• Learning to Do;

• Learning to Live Together; and

• Learning to Be.

201. This curriculum framework provided key learning outcomes for teaching, learning and assessment that will provide evidence based information on students’ achievements in their level of understanding and the type of skills acquired.

Early Childhood Education

202. The Early Childhood Care, Development and Education (ECCDE) is an overarching form of any kind of service that promotes, health, care, growth and development and learning for children from 08 years. The new policy which is effective from January, 2007 articulates the guidelines for the administration and programmes under the ECCDE policy.

Special Education

203. The new curriculum for special education was developed in 2006 in line with the National Curriculum Framework. An important feature of the new curriculum is the provision of relevant resources to support communications for students with severe degrees of impairment. Although the framework is inclusive, one of the key factors is access to education especially for those living in rural areas. These disabled children are further disadvantaged and marginalised due to the non availability of special education facilities in those areas.

Girl Child

204. Educating the girl child will help in building their confidence and will also enable them to make informed decisions about their lives, their family, community and the nation as a whole. A good education will help reduce their vulnerabilities, particularly in light of new challenges and other emerging issues which can adversely affect them because of who they are. The theme for International Women’s Day in 2007 was ‘Empowering the Girl-child through Education.’

Scholarship and Other Grants

205. There is no discrimination between qualified males and females in having access to scholarships for tertiary studies. The Public Service Commission provides scholarships for pre-service studies for school leavers and in-service training for civil servants.

206. The Ministry of Indigenous Affairs provides scholarships to qualified indigenous students for both local and overseas studies. In 2007, 56% of recipients were females and 44% were males. For non indigenous students, they are able to access scholarships offered by the Department of Multi Ethnic Affairs.

Student Loan Scheme

207. Tertiary students from families whose annual income is less than $10,000, are able to benefit from the Government administered Student Loan Scheme. The SLS provides financial assistance in tuition fees, accommodation and book allowance for qualified students. In 2005 the total number of females and males assisted were 137 and 144 respectively as outlined in the table below.

Source: PSC Annual Report 2005

208. However the choice of field of study by recipients showed that females continue to pursue service and care giving areas whilst males opted for scientific and technical subjects.

Adult Education

209. In 2004 Government introduced the ‘Matua’ programme at Nabua Secondary School in Suva. This programme allowed interested school leavers and adults who dropped out of school to continue their education within the main secondary school curriculum. Amongst others, the programme was originally intended to:

• cater for dropouts from nearby low to middle housing areas

• level the playing field between disadvantaged and advantaged groups;

• provide an education opportunity for those who had teenage hazards;

• uplift education standards for quality community courses and services;

• for anyone seriously positive about a new outlook in life.

210. Although the enrolment rate is usually high, however only a small number go on to complete the programme.^[54] The success rate is quite high, 20 graduates are now studying at the University of the South Pacific. Of these 75% are women. For those studying at the Fiji Institute of Technology out of the 23 Matua graduates, 14 of them are females.^[55] This programme has provided a second chance for these school dropouts. Girls who may have dropped out of school due to pregnancy also have access to this programme. This programme is one of those which can be considered as a three pronged strategy to address poverty reduction, giving a second chance to school teenage mothers and those dropping out of school as recommended by the UNCEDAW Committee of Experts in its concluding comments.^[56]Based on the success rate the programme could be replicated in other secondary schools.

211. Women expressed the desire to have such inclusive training programmes available in all major centres and selected rural schools. They are of the view that a second chance provides them the opportunity to have higher qualifications, better employment opportunities which in turn will improve their livelihoods. According to Narsey (2005) the incidence of poverty for Economically Active Females drops sharply with rising educational attainment: 78% for those with Primary education; 53% for Junior Secondary; 29% for Senior Secondary; 14% for those with Certificates and Diploma and 6% for those with Degrees.^[57]

School Dropouts

212. The 2004/2005 Employment and Unemployment Survey (EUS) found that 10% of children aged between 5 – 14 years were not attending school. This could be attributed to the inability of parents to send them to school due to heavy financial burden and lack of income.^[58]

213. In terms of access to basic education the Fiji’s (EFA) Mid-Decade Assessment Report for the period 2000-2007 report shows that there is a problem of retention and drop outs which needs to be addressed within the Plan of Actions. The figures shows that in both primary and secondary schools there is high rates of boys’ dropouts and retention problem or a 6.6% boys & 3.4% for girls.

214. Government legislations which have been introduced to address the issues of dropouts and retention problems of poor children for example is to regulate levies charged by schools to parents so that education is affordable. For example: Schools’ Management Boards and Committees’ annual fund raising activities have been regulated to minimize extra burdens of financial commitment of poor and unemployed parents.

215. The other policies are:

▪ The remission of Fees for below averaged income earners which they must apply for their children’s education.

▪ The Form 7 scholarships for students who passed FSLC examinations with 250 marks and above.

Technical and Vocational Education Training (TVET)

216. Vocational education has been an on going programme in Fiji. This programme is located within some secondary schools to cater for those who are not able to make it through academically. There are nineteen Vocational centres throughout the nation and these are fully sponsored by Government.

217. Programmes offered range from home economics, automotive engineering, office technology and carpentry/woodwork. This programme is a partnership between the Ministry of Education and the Training and Productivity Authority of Fiji. Those students doing franchised courses with the Fiji Institute of Technology are geared for the industry whilst those in the Ministry’s programme are prepared for self employment. Students enrolled in this programme are sponsored in terms of tuition fees and training materials. In 2003, females comprised 30% of total enrolment in these vocational schools with the majority of girls enrolled in home economics and boys in trade skills.

Sports

218. Women are at liberty to participate in any sport of their choice and also to be elected as coaches and team officials for national and international sporting meet. A number of sports women have been able to secure sponsorship to pursue sports development and academic careers as well. The Women in Sports section of the FASANOC^[59] has been instrumental in securing sponsorship for elite sports women and also promoting the participation of women in non traditional sports such as rugby and soccer.

Access to health & family planning information

219. Young men and women attending secondary schools and tertiary institutions have access to health information through the health clinic and also family planning information is available where women could obtain such services from Health centres and Nursing stations. However such services may not be easily accessible in rural, remote areas and outer islands.

Article 11 Employment

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a) The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;

(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:

(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.

3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.

Introduction

220. One of the key issues and milestones is the introduction of the Employment Relations Promulgation. The Employment Relations Bill was passed by the Lower House of Parliament in 2006 and the Employment Relations Promulgation came into effect on 2^nd April, 2008. The ERP is a progressive framework which promotes consensual resolution of disputes and creation of labour standards that are fair to both workers and employers. It presents a more inclusive and balanced dispute resolution system between aggrieved parties compared to the adversarial relationship under the old industrial relations framework. The promulgation also provides the fundamental principles and rights of persons at work.

221. The ERP provides a statutory framework which promotes the welfare and prosperity of all Fiji’s people by –

(A) Creating minimum labour standards that are fair to workers and employers alike, and to build productive employment relationships;

(B) Helping to prevent and eliminate direct and indirect discrimination in employment on the basis of race, colour, gender, sexual orientation, age, physical or mental disability, HIV/AIDS Status, marital status,, religion, political opinion, national extraction or social origin;

(C) Providing a structure of rights and responsibilities for parties engaged in employment relations to regulate the relationship and encourage bargaining in good faith and close observance of agreements as well as effective prevention and efficient settlement of employment related disputes;

(D) Establishing the mediation services, the employment relations tribunal and the employment relations court to carry out their powers, functions and duties;

(E) Encouraging consultation between labour and management in the workplace for better employment relations and productivity improvement;

(F) Complying with international obligations and giving effect to the Constitution; and

(G) For related matters.^[60]

222. Part 9 s74 (b) of the ER Promulgation states that:

‘ensuring equal rates of remuneration for work of equal value for all workers’

- s76 (3) states that:

-

“The Minister may direct the Board to develop a policy to prevent

sexual harassment in workplaces.”

- s78 further states that:

“An employer must not refuse or omit to offer or afford a person the same rates of remuneration as are made available for persons of the or substantially similar qualifications employed in the same or substantially similar circumstances on work of that description for any reason including the gender of that person.”

223. It prohibits discrimination on grounds of ethnicity, colour, gender, religion, political opinion, national extraction, sexual orientation, age, social origin, marital status, pregnancy, family responsibilities, state of health, including real or perceived HIV status, trade union membership or activity or disability in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relations.

224. Part 20 of the Employment Relations Promulgation 2007 outlines the various institutions which include:

a) Division 1 – the Mediation Services

b) Division 2 – Employment Relations Tribunal;

c) Division 3 – Employment Relations Court. Even though the Promulgation is effective now, these institutions will be operational from 1^st September 2008.

225. On 28 March 2008 Cabinet approved the National Policy on Sexual Harassment in the Workplace and it came into effect on 2 April 2008. It is envisaged that this policy will provide the platform for employers to develop their respective SH policy.

Women in Paid Employment

226. Women’s composition in the labour force has dropped from 40% in the 1996 Census to 31% in the 2004/05 Labour Force Survey (LFS). This significant reduction could be attributed to the closure of some the bigger garment factories after the events of May 2000. However, the 2004/05 LFS revealed that there were an increasing number of females in self employment from 13.5% in 1996 to 24% in 2005. ^[61]

Formal Sector

227. Men and women contribute to the overall economic development of the nation; however their contribution is usually seen through their labour force participation in the formal sector. 194,000 people or 43% of the labour force are estimated to be in paid or formal sector employment. Females comprised 27% of those who are wage earners and 37% are in the salary earner category. ^[62]

228. Apparently, cultural and traditional attitudes towards women’s role in social and economic development limit their participation in formal employment. The labour force participation rate for males and females had a marginal increase from 55 per cent in 1986 to 59 per cent in 1996. Whilst the participation rate for men decreased, the participation rate for women increased by a massive 90 per cent.^[63]

Table 11 Labour Force participation rates, 1986 & 1996

Source: Chandra & Lewai, (2005)

229. According to a survey in 2006, only 109 thousand females are in the formal labour force and 121 thousand are doing household work. The latter is not shown in the national statistics as their work in considered as ‘economically inactive’ because it is in the household and is unpaid. The findings indicate that if those on full time household work were included, then fully 56% of females would be considered to be economically active.^[64]

Distribution by Main Industry Group

230. While women make up 31% of those categorised as economically active, they are quite under represented in some industrial groups as outlined in the table below.

Table 12 Distribution of Economically Active 2006-2007 by Industry Grouping & Gender

Source: Gender Issues in Employment & Underemployment and Incomes in Fiji

231. As evident in the above table, more women are employed in the hotel, retail and restaurants industry followed by the Commercial, social and personal services; Manufacturing and Finance, real estate and business.

Civil Service employment

232. Government is the biggest employer in Fiji. The size of the public service increased from 10,000 in 1971 to 25,888 in 2005 accounting for a large proportion of total paid employment.^[65] The higher number of women is a reflection of those employed in teaching, nursing, dental, clerical and related occupational groups.

233. Despite the increase in the number of educated and professional women in the civil service, women continue to be associated with social welfare, care giving and service oriented activities.

Table 13 Occupational Group Analysis by Gender 2003 – 2004

Source: Civil Lists 2003 – 2004

234. As outlined in the above table, men still dominate in areas of engineering and technical profession whereas women continue to outnumber men in education, nursing and support services. Although there is an Equal Employment Opportunity policy in the Public Service Commission, it has made little impact on the representation of women within the top four levels of the Civil Service.

Equal Pay for Equal Value of Work

235. Part 2 of the Employment Relations Promulgation 2007 articulates the fundamental principles and rights at work. This part provides for fair labour practices for all persons and prohibits forced labour. Subsection (4) of section 6 states:

“Every employer shall pay male and female workers equal remuneration for work of equal value.”

236. Government is expected to examine the incomes gender gap findings with a view to encouraging the restructuring of public sector income policies so that females’ pay scales across industries and occupations commensurate with male pay scales for work of equal value.^[66]

Wages Councils

237. As part of the Employment Relations Promulgation, 2007 the Government has put in place ten Wages Councils to oversee the implementation of the ERP and its regulations.

Women and Trade Unions

238. Those women who are employed in the formal sector are at liberty to join trade unions relative to the employment sector they are working in. However, it must be noted that men dominate leadership positions in these trade unions whilst women are always actively involved with the Women’s wing.

Disabled Women

239. The rights of a disabled person who is working are guaranteed in the Employment Relations Promulgation 2007 and subsection (2) of section 6 provides:

“No person shall discriminate against any worker or prospective worker on the grounds of ethnicity, colour, gender, religion, political opinion, national extraction sexual orientation, age, social origin, marital status, pregnancy, family responsibilities, state of health including real or perceived HIV status, trade union membership or activity, or disability in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship.”

National Policy on Sexual Harassment in the Workplace 2008 (L/N No. 56 of 2008)

240. Sexual harassment • is a form of discrimination and a gross violation of a person’s human rights and human dignity; and• can occur at two levels-

(i) in relationships of unequal power or authority, as in staff/student and supervisor/subordinate relationships; and

(ii) between peers or co workers (e.g. worker/worker), i.e. colleagues.

241. Sexual harassment is a significant issue for all workplaces in Fiji including schools because of its negative impact on work culture and workforce which impedes progress and development. To address this issue, Government introduced the new National Policy on Sexual Harassment in the Workplace in April, 2008. The policy was developed in consultations with the tripartite social partners and other stakeholders through the former Labour Advisory Board and the new Employment Relations Advisory Board.^[67]

242. By definition^[68], Sexual harassment is any form of offensive sexual attention that is uninvited and unwelcomed. It does not need to be a series of incidents or even an ongoing pattern of behaviour. One single act can constitute harassment.

243. It is important to note that while the majority of complainants are females, males are also victims of sexual harassment in the workplace. A victim of sexual harassment in the workplace can seek redress through any one of the following legislative regimes:

(i) The Human Rights Commission Act 1999;

(ii) Section 154 of the Penal Code; and

(iii) The personal grievance procedure or as an employment dispute under the Employment Relations Promulgation 2007.

It is important to note that the worker must choose whether to bring the complaint under the Human Rights Commission Act or the Employment Relations Promulgation, as he / she cannot proceed under both.

National Code of Practice for HIV and AIDS in the Workplace 2008 (L/N No. 57/08)

244. The Code of Practice is designed to advise employers and workers of acceptable preventative action for averting occupational deaths, injuries and diseases from HIV and AIDS in the workplace, whilst respecting the fundamental principles and rights at work. The Code of Practice was developed in consultations with the tripartite social partners and other stakeholders through the former Labour Advisory Board and the new Employment Relations Advisory Board.

245. The objective of this code is to provide set of guidelines to both employers and workers to address and prevent HIV and AIDS in the workplace in accordance with the Healthy and Safety at Work Act, 1996 and the Employment Relations Promulgations 2007. the guidelines cover the following areas :

a) Prevention of HIV and AIDS;

b) Minimisation of the risk of infection resulting from work related exposure to HIV;

c) Management and mitigation of the impact of HIVand AIDS in workplaces;

d) Care and support of workers infected and affected by HIV and AIDS;

e) Elimination of stigma and discrimination on the basis of real or perceived HIV status;

f) To assist workplaces to respond appropriately and effectively to HIV and AIDS related workplace incidents.

Informal Sector

246. Informal sector activities are characteristically small scale operations, labour intensive, dependent on local resources, use a low level of technology, household based, family owned and family labour, providing self employment with or without wages, unregistered, unregulated with little capital investment and often lack institutional support. Women’s work in the subsistence sectors is not given formal recognition and therefore strategies for the protection and development of women through skills training and poverty alleviation and programmes to enhance women’s chances for participation in development would bring about a future that is less marred by gender biases and more respectful of human rights.

247. A recent survey of 150 informal activities in urban Fiji undertaken in 2005 showed that 28% of women and 72% of men were engaged in informal activities in urban areas.^[69] In addition the HIES data in 2003 showed that many women in urban areas were engaged in activities without cash.

Household Work

248. In 2005 a study on Gender Issues in Employment, Underemployment and Incomes in Fiji based on the 2004 – 2005 Employment and Unemployment Survey (EUS) which for the first time in a Bureau survey on employment had included data on ‘household chores’ in the questionnaire. EUS asked questions on the number of hours worked on household chores over the previous 7 days: cooking, washing clothes, cleaning the compound, minding children and other general chores. Data shows a gross imbalance with Females performing far more hours of household chores than Males.

Table 14 Average Total Hours Spent on All Household Chores

Source: FIBS (2007) EUS Report 2004/2005

249. According to the above table Female Salary earners and employers worked 24 and 21 hours respectively as opposed to their Male counterparts with 8 and 10 hours. For those in self employed, family employed and community workers Females worked 35 hours as opposed to their male counterparts who work 11, 14 and 13 hours respectively. It is obvious that Females continue to dominate household work irrespective of their economic and professional status. For those on Full time household duties, females work an average of 40 hours compared to males who work 30 hours. In addition, Narsey (2005) found that in one of the traditional labour market analysis that the category ‘Economically Active’ typically does not include household work: full time household workers are included as part of ‘Economically Inactive.’

Maternity Provisions

250. Women who are in paid employment either in the public or private sectors are now able to take maternity leave with pay. Part 11 - Maternity Leave s101 (2) of the Employment Relations Promulgation 2007 states that:

“A woman is entitled to paid maternity leave as follows –

(a) for the first 3 births, to the normal remuneration she would have received as if she had been at work; and

(b) for the 4^th and subsequent births, to half the normal remuneration she would have received as if she had been at work.”

251. For the first time, women and men who are employed as domestic workers are now entitled to paid annual leave, public holiday pay, sick leave and bereavement leave. Those women who are expected to give birth will go on maternity leave and will receive their pay within the provisions of the Employment Relations Promulgation 2007 during their maternity leave.

Social Security

252. There is no provision for unemployment benefits or allowances for the retired and the elderly; however, those who are in paid employment are required to contribute to the Fiji National Provident Fund (FNPF) where the employer meets an 8% deduction from the employee’s wages and salary.

253. In August, 1998 Parliament passed important amendments to the FNPF Act which provided major changes to the FNPF pension scheme. FNPF introduced these changes to the Pension Scheme in 1999 specifically designed for members. The scheme provides a monthly payment for life to the member who chooses to take a pension when he/she retires. Furthermore, the member may apply for withdrawal upon attaining the age of 55 years where they receive a certain percentage as lump sum payment and the balance as their monthly pensions. Pension is compulsory; however the type of pension a member chooses is optional. There are six Options available to the member:

i. Option One – Life Pension one entails the member being the lone pensioner and the pension ceases upon the death of the member.

ii. Option Two – Joint Pension is for the member and his/her spouse. In this instance the spouse receives the pension when the member dies.

iii. Option Three – Part Lump Sum, Part Life

iv. Option Four – Part Lump Sum, Part Joint;

v. Option Five – Part Lump, Part Life, Part Joint. This option provides the member with the opportunity to enjoy all the opportunity to enjoy all the options previously stated. The member will be able to receive a lump sum payment and the remaining balance as a life and joint pension. During his/her lifetime the member will be receiving two pensions, upon the members’ death the life pension will cease and the joint pension will be transferred to the spouse who will be receiving the pension during his/her lifetime;

vi. Option Six – Full Lump Sum. This option allows the member to ask for a Lump sum payment which entails giving him/her all the balance of his/her account at the time of withdrawal which is paid to him/her in one cheque.

254. Prior to 1999 all those women who were married after 1975 were able to withdraw all their savings with FNPF and even though they rejoined the Fund, they were not eligible for pension. The new changes have allowed women to qualify for pension even if they had withdrawn on grounds of marriage and rejoined on or before June 30 1999.

255. There is also a Voluntary Scheme under the Fiji National Provident Fund where men and women can register and make voluntary contributions every month. They also benefit from the interest and other benefits under the Fund once they meet the criteria for assistance.

Training

256. The Training and Productivity Authority of Fiji (TPAF) also provide professional training for adults who would like to pursue up skilling and capacity building in specific areas and fields of study. Courses offered are normally short term and most are evening classes to facilitate the programme for those who are working and are not able to take time off to attend classes. Training data is not available.

In Service Training

257. Working women are also eligible to apply to undertake further studies either on full time or part time basis. Those who work in the civil service are also eligible to apply for scholarship under the Government In-service training programme.

Article 12 Health

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

Introduction

258. The right to health is a basic human right as articulated in Article 25(1) of the Universal Declaration for Human Rights:

Everyone has the right to a standard of living adequate for the health and well being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or lack of livelihood in circumstances beyond his control.

259. Fiji has a well developed and comprehensive health system with services accessible to both men and women throughout the nation. However despite efforts to improve health outcomes, a review of health indicators suggests that Fiji lags behind in achieving MDG. The base structure of the health system consists of three Divisions, namely Central/Eastern, Western and Northern. Each Division has a central referral hospital. There are 3 Divisional hospitals, 3 specialised hospitals, 16 Sub-divisional hospitals, 3 area hospitals, 1 private hospital, 76 Health centres, 101 nursing stations and 3 Old people’s homes. Around 300 village health workers operate at community level. Women have equal access to health care system as men.

260. The Ministry of Health is undergoing a reform with the vision of “A strengthened health structure supporting a well financed health care delivery system that fosters good health and well being’ and the mission is ‘to provide quality health services for the people of Fiji.’

Staff: Patient ratio

261. The staff establishment is 3, 296 out of which 405 are medical and 1, 825 are nursing positions. The doctor population ratio is 1:2300 and nurse patient ratio is 1:500. With the migration and resignations of doctors and nurses there is always shortage of health professionals. In 1998 the Ministry of Health introduced the Nurse Practitioner programme to address the doctor shortage in Fiji particularly in rural areas. The thirteen month programme entailed clinical and basic physician practice. These practitioners usually work in rural areas where there are no qualified doctors. Its overall aim is to improve rural health service delivery.

Health Indicators

262. The major causes of female morbidity are genitourinary, respiratory diseases, infectious and parasitic diseases, circulatory diseases, neoplasms, injury and poisoning. The major causes of female mortality are genitourinary diseases, endocrine, nutritional and metabolic diseases, injury and poisoning, neoplasm, infectious and parasitic diseases.

Table 15 Vital Health Statistics 2004 - 2006

Source: Ministry of Health (2006)

263. Maternal mortality rate is 50.49 per 100,000 live births in year 2005. The maternal mortality rate is high compared to advanced countries but much better than other countries in the region. Due to low population, a single death can show a high maternal mortality rate. However, there is an encouraging achievement in the outcome where the maternal mortality ratio is generally low indicating good prenatal and postnatal care for mothers and the fact that 99% of deliveries are handled by trained health care providers.^[70]

264. The major causes of death under 5 years are certain conditions originating in prenatal period (68.38%), Infectious and Parasitic diseases (10.27%), Respiratory diseases (6.22%), congenital malformation, Deformation and Chromosomal abnormalities (5.41%) and Circulatory disease (3.51%). Although statistics on infant mortality on sex basis is not available, there may not be much difference between male and female deaths.

265. Life expectancy in 2001 from Bureau of Statistics for Fijians is 65.4 yrs, male Fijians 63.8 yrs and female Fijians 66.8 years. Life expectancy for Indians is 65.4 years, male Indians are 63.7 years and female Indians is 68.8 years. Fiji exceeded the WHO standard of a life expectancy of not less than 60 years in 2000.

266. As evident in Table 15 Crude birth rate is 20.99/1000 population and crude death rate is 7.02/1000 in 2005 and figures for men and women separately are not available. The annual number of live births has remained at approximately 17,000 over the past five years and for year 2005 there were 17,826 live births or 20.99 births per 1000 population. 97.2% of the total live births were delivered in hospitals while only 1.7% was attended by district nurses, despite geographical difficulties of bringing women into the major centers for delivery. Traditional birth attendants attended to 1.1% of the total live births in year 2005. The birth rate of Fijians of 26.92 per 1000 live births is considerably higher than the birth rate of 13.57 per 1000 live births for Indians in 2005.^[71]

Major health problems

267. As part of Government’s intervention to reduce anaemia in pregnant women, amongst others, the Ministry of Health introduced flour fortification in 2004. These interventions resulted in the reduction of anaemic cases by 2006. Apart from those interventions, all mothers attending antenatal clinics are provided with iron and Folic acid supplements.

Non Communicable Diseases

268. Lifestyle diseases are also a major health concern. In the past three years, diabetes was very common among both men and women.

Table 16 Top Ten causes of Morbidity and Mortality

Source: Ministry of Health (2006)

Reproductive Health

269. All health centres and nursing stations provide antenatal, post-natal services, family planning services and immunization and growth checkups for children. There are no separate clinics for women except for Oxfam Clinic which is a well women’s clinic. All these services are provided free of cost. Women are encouraged to attend health facilities for antenatal and postnatal checkups, attend family planning clinics, have pap smears and breast examinations. Medical care is free of charge. UNFPA supports the training programmes on Reproductive Health.

270. The messages regarding women’s health are conveyed through health awareness programmes conducted in the community by Ministry of Health as well as other Civil Society Organizations and by the media.

Safe motherhood

271. The ‘Baby Friendly’ Hospital initiative has been established in Fiji and 15 out of the 19 subdivisions are already declared baby friendly and the remaining 4 are going to be declared before the end of the year, 2008. The Ministry of Health in conjunction with its NGO partners and civil society organizations are targeting to achieve Baby friendly hospitals throughout Fiji. The concept entails the exclusive breastfeeding of babies from birth until they are six months old.

272. Women have access to professional maternal and midwifery services throughout the nation. However, for those in remote villages and settlements, they are required to travel to the main health centres and hospitals well before they are due for delivery.

273. Trainings on emergency obstetric care are conducted to improve the obstetric care. Integrated Management on Childhood Illnesses (IMCI) trainings have been conducted at Divisional and Sub divisional level to improve the health standards of children.

Family Planning & Contraception

274. Contraceptive services have been available for more than 40 years through the Ministry of Health as well as Civil Society Organizations. All services at ministry are free of charge. The emphasis is on the benefits of spacing and women take the major responsibility of using contraceptives. Vasectomy is the least popular choice and with awareness programmes slowly few men are opting for vasectomy. RH and EPI project officers are appointed at divisional level to improve the services. Family planning is purely on voluntary basis and there are no legal or cultural barriers for women in accessing contraceptives. However women at times mention that they cannot use contraceptives as their partners object to it.

275. Although it is the individual’s right to have tubal ligation (TL) or vasectomy, still the partner’s consent is obtained before TL or vasectomy to avoid unnecessary problems later. The contraceptive prevalence rate was 42.48% in 2005.

• Pills 19.3%

• IUCD 11.0%

• Condoms 16.2%

• Injectables 16.2%

• Tubal ligation 24.1%

• Vasectomy 0.25%

• Implants 0.45%

• Natural 6.2%

276. Teenage pregnancies are on an increasing trend and 22 were under 15 years and 1336 were in 15-19 age group in year 2005. ECPs are provided since 2000 and peer educators at ARH centers counsel the youth on RH issues.

277. Women and men can access family planning advice and services through Health Centres and Nursing Stations throughout the nation. In 2006, the most common method of family planning was injection and the least common was vasectomy. The table below outlines the various family planning methods which were used in 2006.

Figure 2 Family Planning by Method (%)

278. Abortion is illegal in Fiji and only done if the health of the mother is at risk. Although illegal, some women who want an abortion seek assistance from either professional gynecologists or from unqualified people who use traditional and high risk methods. Prenatal test for determining the sex of baby is not practiced in Fiji.

Cancer

279. Fiji has a high incidence of cancer of the cervix and breast. Together with other cancers of the reproductive organs, they make up almost 40% of all cancers in the country. The incidence of cancer is much higher in Fijians than in Indians. More than 600 nurses have been trained since 2000 on Family Planning, Pap Smears and Breast examination to improve the contraceptive services and detect cervical and breast cancers in the precancerous stages. Mammograms are conducted at CWM Hospital.

280. Health awareness programmes are conducted by Ministry of Health as well as Civil Society Organizations.

Sexually Transmitted Infections

281. Fiji continues to have a high incidence of common STIs like Syphilis and Gonorrhoea. This is a concern because it reflects the level of high risk sexual behaviour that still exists in the community. STIs are mostly in the 20-29 years age group and more in Fijians than Indians with more teenagers attending STI clinics which are a worrying trend. For STI, syndromic management is followed at all Health Centres. Subdivisional and divisional hospitals follow syndromic management and then conduct laboratory tests also.

HIV and AIDS

282. Based on the WHO/UNAIDS classification, Fiji is still a low HIV prevalent country but this could change overnight if we become complacent and do not respond to the epidemic faster than in the past. Fiji has a cumulative figure of 249 HIV positive cases (1989 – June, 2007). This reflects only the confirmed Laboratory HIV testing and it is likely that this may be under reported due to a number of factors like insufficient surveillance and the reluctance of people to undergo tests for fear of stigma and discrimination.^[72] Fiji has passed the slow burning stage of the disease and is currently in the explosive proliferation stage.^[73] Amongst those infected, Fijians comprise 81%, Indo Fijians 13% and Others 6%^[74]

283. Women comprise 43% of total infection with heterosexual being the main mode of transmission. Women are at greater risk of infection because of their lack of control over their partners’ behaviour as well as limited opportunity to protect themselves from infection. Another major drawback is that women are discriminated against and stigmatised for their perceived ‘behaviour.’ Men on the other hand are usually excused for the same type of behaviour.

284. Mother to child transmission is also another concern. This is being addressed through HIV testing in ante-natal clinics with voluntary counselling and early treatment for those HIV positive pregnant mothers. In 2007 there were 13 known cases of HIV positive women who were pregnant. Seven of the ten of known cases transmitted the disease to their children, four were lost to follow up and two babies were born HIV negative. Eight of these cases have occurred since 1999.^[75]

285. Since 2003, the National Advisory Committee on AIDS (NACA) had implemented the following programmes:

• Preventing people becoming infected with HIV including young people through:

o Strengthened integrated Health Promotion Strategies and approaches in partnership with NGOs, CBOs and line Ministries in Government;

o Establishment of 12 ARH (Adolescent Reproductive Health) centres throughout the country targeting young people;

o Rolled out peer education and life skills programme in schools and youth groups;

o Advocacy to Cabinet and Fijian institutions: Bose Levu Vakaturaga (Great Council of Chiefs), Methodist Conference, Fijian Affairs Board, Ministry of Fijian Affairs, Provincial Councils;

o Condom promotion and distribution, including social marketing initiatives;

o Community and workplace education initiatives by Government, NGOs and CBOs;

o Few Voluntary Confidential Counselling and Testing (VCCT) centres for public access etc.

• People Living with AIDS:

o Establishment of PLWHA support groups in the main centres of Suva (FJN+), Lautoka and Labasa in 2004;

o Networking for the continuum of care for PLWHA;

o PLWHA work with Ministry of Health.

Figure 3 Figure 4

HIV cases by age group

16

7

118

79

25

10

1

2

0

20

40

60

80

100

120

140

0-9

10-19

20-29

30-39

40-49

50-59

60+

Ukn

• Voluntary Confidential Counselling and Testing centres were set in Ministry of Health Ante Natal Clinics;

• Clinical Management and Treatment of HIV and AIDS through piloting of ARV treatment in Suva and extended to Lautoka and Labasa. The new PMTCT policy was also formulated.

• Human Rights and HIV- The Ministry of Health was able to review the existing Acts that have HIV implications and was also able to incorporate HIV issues into the Prisons Act. HIV and AIDS are now added to the schedule of notifiable diseases.

Co-ordinating the Multi sectoral response

286. Government was able to increase funding and revitalise NACA with continued collaboration with partners and stakeholders on the implementation of the national HIV and AIDS strategies. Besides, NACA was also able to review the HIV and AIDS Strategic Plan framework and align itself to the UNAIDS ‘Three Ones’ concept. The new National HIV and AIDS Strategic Plan (2007 – 2011) has five priority areas which address the realities of sexual behaviour in Fiji and the evolving epidemic of HIV and AIDS and other Sexually Transmitted Infections (STIs).

▪ Priority Area 1 – Prevention of HIV Infection;

▪ Priority Area 2 – Clinical management of HIV and AIDS;

▪ Priority Area 3 – Continuum of care for People living with or are affected by HIV;

▪ Priority Area 4 – Research, Surveillance and Monitoring & Evaluation and

▪ Priority Area 5 – Co-ordination and Good Governance.

287. Anti Retroviral Treatment (ART) to People Living With HIV/AIDS (PLWHA) was introduced in 2003 using international criteria, guidelines and standards. In addition, HIV counselling and testing is available at all divisional hospitals and at most of the subdivisional hospitals. All Health Centres and Nursing Stations have to send the clients to subdivisional or divisional hospitals. There is a plan by the Ministry of Health to provide VCCT at Health Centres and NS level. HIV testing is also done at Fiji Military Forces, Suva Private Hospital, Waimanu Medical Centre, Namaka Medical Centre, AIDS task force and Marie Stopes' International Fiji.

288. In a nutshell, the national responses to this epidemic are:

➢ Prevention – raising awareness about HIV and AIDS amongst the general population. For young people through the Adolescent Health Development programmes; counselling and testing antenatal mothers throughout the nation.

➢ Treatment ;

➢ Care and support to PLWHA and their families

➢ Knowledge and behaviour change;

➢ Impact – Current health indicators show that HIV prevention has really not made any impact on rates of HIV infections and STI rates. This could be attributed to the fact that sexuality is not a subject that is normally discussed in families. Here is a challenge for parents for they can contribute by openly discussing the issue within families.^[76]

289. MDG 6 is to combat HIV and AIDS and other diseases such as tuberculosis. The progress against some of the indicators for this is outlined in the following table.

Table 17 MDG Goal 6 HIV and AIDS

Source: SEEDS 2008 – 2010

Mental Health

290. The Mental Health Treatment Act (Cap ) provides the legal and regulatory framework for mental health treatment in Fiji. In essence the legislation restricts the scope of operation of the only mental institution in Fiji, the St. Giles hospital in Suva to treating mental illness.^[77] The Act does not provide rehabilitation and other preventative measures to mitigate and reduce the incidence of mental illness. The legislation is currently under review by the Fiji Law Reform Commission. There is a need to address rehabilitation and reintegration following hospital treatment as well as advancements in treatment in the past 30 years. The Fiji Law Reform Commission is aware of the need for a paradigm shift in the legal framework.

‘The review is obviously needed as there are stringent demands that a new

legislation ought to take into account the emergence of more sophisticated systems of patient advocacy and the increasingly complex medico-legal demands of clinical practice’ (Fiji Law Reform Commission).^[78]

291. Mental illness is highly stigmatized in Fiji. In Fiji, mental health care is part of primary health care but actual meaningful treatment of serious mental disorders is not readily available. Mental health is a concern with the increasing number of patients admitted to St Giles Psychiatric Hospital, the only mental institution in the country.

292. Women are exposed to greater risk factors associated with mental illnesses such as anxiety, depression, and other complaints. Other factors such as discrimination, abandonment and ostracism of women due to low morale and ‘unacceptable wayward’ behaviour, poverty and insecurity of women are important environmental factors which contribute to poor mental health.^[79] Such state of health inhibits women from contributing effectively to the well being of their families and puts them in a very vulnerable position.

293. There is also lack of sufficiently qualified doctors and as part of capacity building for staff, the post basic nursing certificate training in mental health was introduced at the Fiji School of Nursing in 2006. In addition, two doctors returned with Masters Degree and one nurse (the first in Fiji) graduated with Masters in Nursing Practice (Mental Health) and in 2007 12 nurses graduated with postgraduate certificates in mental health nursing, counselling diploma for staff and 7 undertook the psychological Health Assessment module through POLHN Centre. St Giles now has the Patient Information System (PATIS).^[80] Mental health services have been improved by the community psychiatric nursing (cpn) services in the 3 divisions. These nurses are supported by mental health project officers have helped take mental health services closer to the community.

Health Outcomes

294. In its annual report for 2007 the Ministry o Health indicated that the seven health outcomes have been maintained and to be achieved by 2011 are:

a) Reduced burden on Non Communicable Diseases. NCDs will continue to have the greatest impact on health resources aand consequent reflection on morbidity and mortality. It is envisaged that the implementation of the NCD Strategic Plan should see some impact soon.

b) Reverse the spread of HIV and AIDS and preventing, controlling or eliminating other communicable diseases. The rate of tuberculosis have declined with 80 new cases recorded in 2007 compared to 114 in 2006. HIV/AIDS low prevalence remained with 23 new cases in 2007 compared to 36 in 2006. The HIV prevalence amongst 15 – 24 year olds pregnant women is also low with 0.8 in 2006 and 0.7 in 2007.

c) Improved family health and reduced maternal morbidity and mortality. Maternal mortality is fairly low 31.1 in 2007 compared to 41 in 1990. The Midwives Birthing Centre initiatives by CWMH midwives and the establishment of peri Ante Natal Clinics in the Suva area are most encouraging in support of maternal and child health.

d) Improved child health and child morbidity and mortality. Immunisation coverage has been very good except for measles which is slowly increasing; however there was no outbreak in 2007. The infant mortality rate is improving and is anticipated that this MDG indicator will be achieved in 2015. The first ever Immunisation week at CWMH was launched in 2007.

e) Improved adolescent health and reduced adolescent morbidity. The number of suicides and attempted suicides in teenagers has been low. There were less than 50 in the last two years. The rate of teenage pregnancy was 8.1 in 2006 and 8.5 in 2007, most of these are unplanned.

f) Improved mental health care;

g) Improved environmental health through safe water and sanitation.^[81]

295. Access to health care services is still a major concern particularly in geographically remote villages and settlements throughout Fiji. In most cases rural and outer island services lack funding for essential medical supplies and maintenance of facilities because central hospitals and overseas referrals tend to absorb most of the available resources. With poor facilities and difficult transportation and communication, many women in rural areas and outer islands are isolated from maternal and infant health services. In addition nurses and village health assistants often work in difficult circumstances and poor conditions and inadequate health supplies. It would be prudent therefore to consider upgrading some Nursing Stations to Health Centres to accommodate a doctor who will be responsible for overall care and administration of health services within that locality. This will bring health services and care closer to the people including women and children.

Article 13 Social and Economic Benefits

States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a) The right to family benefits;

(b) The right to bank loans, mortgages and other forms of financial credit;

(c) The right to participate in recreational activities, sports and all aspects of cultural life.

Introduction

296. Fiji is a multi cultural society. Each ethnic group has its own traditions and values; however there is a common thread amongst them all and that is the patriarchal system of society. This has a lot of bearing on the status of men and women. In Fijian societies, a male heir is expected to inherit the traditional title and the ensuing responsibilities. Practices are such that women can only inherit the title if there is no male survivor. A Fijian woman cannot have a share from communally owned assets but only from the family’s private and personally acquired wealth.

297. Women continue to be marginalised in terms of access to credit and loans although they are eligible to access loan and credit through commercial banks, Fiji Development Bank (FDB) and other lending agencies as long as they meet the institutional criteria for such assistance. The FDB loan policy is not gender bias, one set of policy applies to both men and women. In 2006 women’s loan portfolio has declined slightly as corporate loans have increased by higher value. Barring real estate loans, on average loans to women are smaller in value compared to other loans. Agriculture, real estate and wholesale/retail businesses feature prominently with women. Whilst women are slowly coming into the professional arena, women possibly lag behind in entrepreneurship roles may be due to the lack of opportunities for them to participate in higher value ventures hence they predominate in micro finance undertakings. In addition weak asset position may also disqualify them from borrowing individually hence they may need to work with their partners who have control over resources. As at March, 2008, a total of 308 loan applications were approved for women. Of these, 82 which is the highest is for residential owner occupier home loans, followed by Other and retail and wholesale traders with 55 and 45 respectively.

Figure 5^[82]

FDB No. of Loans to Women (more Than $5,000) as at March, 2008

12

44

16

82

45

17

16

21

55

Freight & other land transpt

Growing of sugar cane

Residential for rent

Residential for owner

occupier

Retail & Wholesale traders

Staff

Transport

Agriiculture & Fishing

Other

298. The FDB currently offers loans to women under all its existing packages as it does not have any discrimination in its lending policies. In 2007, women clients were at 9.2 per cent with a total loan portfolio of 3.2 per cent^[83]. These approvals were for:

▪ Private individual (personal loans for home & vehicles);

▪ Wholesale, retail, hotel and restaurants and

▪ Transport, communication and storage sectors.

Table 18 Summary of Approved FDB Loans by Gender for 2003 – 2007

Source: FDB Unpublished report, 2008

299. The above table depicts a trend which shows a marked reduction in the number of approved loans for women since 2003 but a significant increase in the total amount approved. This indicates a shift in the involvement of women from small enterprises to a larger portfolio on personal loans (housing & vehicles) and other business ventures. However for the five year period, loan approvals at FDB continued to be dominated by men.

Women in Business

300. In Fiji, men dominate businesses; however women have also actively participated as business managers in corporations, partners in joint ventures, managers and leaders in their own businesses. In practice, there are many women who support and manage businesses run by their spouses, however data is not available. There are some successful women entrepreneurs and business owners who have provided employment and made extensive contribution to the economic and social development of the country.

301. The challenge is on those women who work in their own family business. They are, in most cases discriminated against in terms of having access to family benefits; membership of FNPF, leave entitlements etc.

Small and Micro enterprise development

302. The National Centre for Small and Micro Enterprise Development (NCSMED) was established in 2003 to co-ordinate all projects and matters pertaining to MFIs and SMEs. Its role is to gather and process data and information from the field and other stakeholders, to be in the front line of action-research and to provide guidelines to the Government of Fiji on how to maximise stakeholders’ interventions^[84].

303. The Micro Finance Unit Pilot project from 1999 to 2003 are primarily women, they represent 85% of the total micro finance clientele. As studies have shown, women are more reliable than men in meeting their loan obligations. They are also likely to direct their additional family income in improving their living standards. The National Micro Finance Unit introduced a ‘savings first’ policy in 2003. The initiative automatically makes savings a pre requisite for loans. It turned out that a majority of the clients were interested in saving rather than applying for a loan.

Business Incubation Centre (BIC)

304. The National Centre for Small and Micro Enterprise Development (NCMED) had set up business incubators to help entrepreneurs start and grow successful small businesses particularly in rural areas. It provides the environment and conditions for rearing and nurturing ‘infant’ businesses, minimises the risk of failure of new SMEs through the provision of ‘on the job’ support services and promotes the development of rural based businesses and cottage industries.^[85]

Fiji National Provident Fund

305. The FNPF has a number of benefits for its members and amongst others, there is the Housing Scheme which allows members to withdraw part of their savings to build a house or to purchase a property. Secondly, members can also part of their savings for investment through business or financial investment. In addition, the Fiji National Provident established the Voluntary Membership scheme in 2004. The scheme targets those who do not have any regular source of income to invest in the FNPF. Voluntary members if qualified are also entitled to the benefits provided the Fund and the payment of Special Death benefits to their nominees in the event of the member’s death.

Housing and Mortgages

306. In Fiji, there is no discrimination between men and women; they have the same rights to access housing loan and mortgages. A woman is at liberty to purchase a house, land (freehold, native or state lease) or property provided she has the means, the financial capacity and is able to meet the requirements of the lending institution. Such opportunities are available through the commercial banks, Home Finance Co., Fiji Development Bank and Housing Authority.

Culture and Recreational Activities

307. Fiji is a diverse society comprising, the indigenous Fijians, Indo Fijians, Rotumans part Europeans and other Pacific Islanders. These various ethnic groups value their culture and tradition and women play a prominent role in maintaining such values and traditions. They possess a wealth of traditional knowledge, dances and artefacts which are passed down through their daughters, younger women and girls. For indigenous women they are involved in weaving mats and other handicrafts. Selling these handicrafts has become a source of income for rural women and also for those in the capital. Women and girls actively participate in cultural activities from family to community and national levels. There are no restrictions placed on women for their involvement and participation in cultural life. Women in Fiji are also able to participate in recreational activities of their choice, be it sports, cultural activities, art and dances both traditional and contemporary.

Article 14 Rural Women

1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.

2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

(a) To participate in the elaboration and implementation of development planning at all levels;

(b) To have access to adequate health care facilities, including information, counselling and services in family planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

(e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment;

(f) To participate in all community activities;

(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

Introduction

308. Rural is defined as those areas not covered by Municipal authorities in urban centres; however it also includes some rural towns and townships like Levuka, Savusavu and Rakiraki. Although Government has been targeting to retard the rural urban migration, this has not been possible as the provisional 2007 Census report indicate that less than 50% of the total population now reside in rural areas.

309. However, the inclusion of women’s concerns, aspirations and skills for development planning has not become a reality and it severely hinders development in Fiji. Women have the furthest to travel to catch up. Even where equality exists in theory through national laws, women are disadvantaged because in practice this equality is remiss because of institutional and social barriers and cultural beliefs.

310. Women in rural areas live in communities demarcated by distinct ethnic and cultural settings. Indigenous communities live in villages or settlements within the periphery of their own mataqali land. On the other hand, Indo Fijian families mostly live in settlements either on their own freehold land or on native lease or as farm labourers whilst other minority groups particularly Solomon Islands descendants and ni-Vanuatu live outside Fijian villages or as squatters on state land. This minority group is one of the marginalised in Fiji’s society. There is a socio- economic gap between rural and urban women. Women play a very important role in the development and progress of their respective communities and the nation as a whole. They are at the forefront of raising funds for various community needs ranging from educational (for their children) to church activities and other livelihood projects. Community development for our rural communities are discussed in more details in the State 16^th and 17^th CERD report.

Young Women

311. One of the major concerns that have arisen is the increasing number of young women who have left their villages in search of better economic opportunities in urban centres. Anecdotal evidence indicates that in most villages mostly young women and not young men migrate to urban centres. The movement also impacts gender roles in these communities where older women are more likely to take on the added responsibility. Whilst these migrants were sending remittances, the social implications are quite obvious. There are more young men than women and these men are unlikely to find a marriage partner within their communities. The challenge in this new trend is finding out where do these young women do or where do they live once they arrive into cities and towns.

Economic Activities

Employment

312. Employment in rural areas is mostly confined to working in the social sector within the civil service, for example, teachers, doctors, nurses, weatherman etc. or employed in the provincial administration which is male dominated. Rural women, however are either self employed, engaged in micro enterprise development or work in the agriculture sector.

Women in Agriculture

313. Rural women are the major subsistence and semi subsistence agricultural producers. They grow food crops for the market where they sell their surplus produce. A survey conducted in the Sigatoka valley for the Fourth Fiji Islands Road Upgrading project found that Fijian women do more routine agricultural work than men; their workloads included subsistence cultivation and market gardening. Specific projects which target women include floriculture, bee keeping, pig farming and others. However those who would like to be assisted from this programme have to meet certain criteria.

Women in Fisheries

314. Traditionally, women in rural coastal areas and outer islands depend on fisheries and marine resources for their livelihoods. They are custodians of their traditional fishing grounds. They need training and education on the sustainability of the environment and also reduce the over exploitation of marine resources. This can only be effective if women are included in the decision making process in their communities. Women continue to be marginalised in terms of technical training for fisheries development due the stereotype attitude that only men participate in fishing activities.

Access to Credit and Microfinance Programme

315. In 2003 the National Centre for Small and Micro enterprise Development (NCSMED) was established to address the financial needs of those who are not able to access credits and loans from commercial banks and other lending institutions.

Table 19 Rural Clients of the Micro-Finance Unit 2008

Source: Micro Finance Unit, Unpublished Report

316. The common types of projects are: Retail store, Seafood retail, Food catering, Bakery, Handicraft, Farming, Market vendor, Tailoring, Livestock farming and Hair dressing.

317. On loans with a value of $5,000 or more, the Fiji Development Bank approved 241 such loans to rural women as at March, 2008. Projects funded range from ‘Growing sugar cane’ to ‘woodwork and furniture making.’

Decision Making

318. Women in rural areas are further disadvantaged when it comes to representation in decision making bodies. As stated earlier in the report, rural development is administered through the Provincial Councils for indigenous communities and District Advisory Councils for non indigenous communities. Members of these fora are appointed by the Minister for Indigenous Affairs, Provincial Development & Multi Ethnic Affairs. In all ethnic groups, men are the leaders and they are the decision makers. This is reflected in the membership of these development councils throughout Fiji.

319. Government has adopted a consultative process as an approach to ensure inclusiveness and transparency of its programmes. Review of legislations like the Domestic Violence Reference had a wide community consultation with many individuals and women organisations participated.

Access to Services

Health

320. Each of the outer island is serviced by a health centre or a nursing station which would have a medical officer, nurse practitioner, registered nurses who would be assisted by an orderly or nurse aide. In centres where there is no doctor, there is a nurse practitioner. These practitioners are registered senior nurses who have undergone a thirteen week intensive training to practice basic medical and physician services. However, there are rural communities which do not have health facilities. As a result they have to hire transport to get to the health centre. In some cases the deplorable state of the roads and infrastructures inhibit people from getting the desired health care. Therefore access to family planing advice and information and reproductive health issues is also severely constrained.

Para 63 of the Concluding comments, the UNCEDAW Committee recommended that ‘priority be given to allocate resources for improving health care services for women including in the remote islands For the period 2004 – 2005 Government spent $2,276,200 on the following health projects and programmes for rural areas and outer islands:

Table 20 Rural Health Projects & Programmes 2004 - 2005

Source : Ministry of Regional Development,

Education and Training

321. In terms of educational attainment of rural women, 29.8% had primary education, 40.1% had junior-secondary education, 10.2% had senior secondary education, 3.5% had certificate/diploma, 0.5% had degree/post-graduate diploma and 15.2%^[86] had never gone through the formal education system. Generally urban women have higher levels of education compared to those in rural areas. With that level of education, most of the rural women participate in handicraft making and small scale activities as a source of income in addition to their domestic and traditional roles.

322. The Rural Fijian Women Training Programme by the Ministry of Indigenous Affairs is aimed at assisting rural indigenous women organisations to be better organised and focussed with a clear direction on the type of development they wish to undertake. The initiative by Government begun in 2006 and in 2007 the training covered forty six different locations within the fourteen provinces in Fiji. A total of 817 women and 146 men were trained in 2007. Besides, 307 village training motivators were also trained and 49 follow up visits were made to villages which had the training in 2006. As a result, women organisations in villages were able to prepare development plans with clear vision and mission statements and list of activities they were to undertake.

Rural and Community Development

323. Government accords greater priority to rural and outer islands development. It aims to improve economic opportunities, enhance sustainable livelihoods, raise income levels and ensure that Government’s development assistance is equitably spread out over the 14 Provinces, Rotuma and the minority communities. For the past five years Government had spent $24,709,447 on the four major capital projects namely Self Help, Non Cane Access Roads, Non PWD Roads and DDC^[87] Roads.

Figure 6 Rural Development Funds 2003 - 2007

Source: Ministry of Provincial Development, 2008

Overall, these projects benefit men, women and children in rural ar eas and outer islands.

Water Supply and Sanitation

324. In 2004 about 47% of the population had access to improved water source.^[88] Except for Rotuma all other rural areas and provinces still lack access to potable water. Those provinces located closer to urban centres have a high percentage of access to metered water supply. These include the provinces of Ba, Macuata, Rewa, Naitasiri, Serua, Nadroga and Tailevu as shown in Figure 7 below. The remaining population in these provinces have communal standpipes, roof catchment water tanks, wells, rivers and creeks.

Figure 7 Metered Water Supply in rural areas

325. The majority of the population in the provinces of Bua (13,584), Cakaudrove (42,310), Kadavu (18,683), Lau (10,167), Lomaiviti (12,064), Namosi (6,898) and Ra (24,152)^[89] still lack access to potable water and instead use communal standpipes, draw from wells, rivers and creeks. Figure 8 shows the percentage of household drawing from standpipes in the fifteen provinces including Rotuma.

Figure 8 Rural Water Supplies Communal Standpipes

326. Wholesome water is the basic necessity of life. Apparently, there is a need to improve the water supply system in rural areas. Women will also spend less time fetching water from wells, creeks and rivers.

327. The provision of piped water system for individual homes, will enable the people to have improved sanitation as well. In 2004 the percentage of the population using improved sanitation was 72% compared to 68% in 1990

Housing

328. Government is mindful of the need to provide affordable and quality accommodation units for rural communities to improve their standard of living. The Rural Housing programme facilitates the procurement, storage and delivery of building materials to rural dwellers. In addition, it also makes possible the construction of structurally sound, cyclone resistant and affordable housing.^[90] Both men and women benefit from this programme.

PART IV

Article 15 Equality before the Law

1. States Parties shall accord to women equality with men before the law.

2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.

4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.

Introduction

329. Fiji’s Constitution guarantee women equality before the law and equal rights to participate in all aspects of civil life and it does not have legal barriers to women’s participation in court and tribunal processes or denied women the right to conclude contracts and administer property.

330. With the help of NGOs and Government through awareness training, women are made aware of their legal rights so that they could fully benefit from provision in the Constitution and other related legislations as well.

Access to Legal Aid

331. The Legal Aid Commission under the jurisdiction of the Attorney General’s Office was established in July, 1998 to provide legal services to those who cannot afford to pay for legal services. The Commission has provided legal representation to men and women who apply for these services. According to statistics provided by the Legal Aid Commission, more men were assisted by the Commission for criminal cases whilst women dominate the list for those seeking assistance on family matters.

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Women Prisoners

332. The Prisons Act was repealed and the new Prisons and Corrections Act was passed by Parliament in March, 2006. The new Act makes comprehensive provisions for the administration of prisons with appropriate emphasis on providing corrective services and applying all human rights obligations and standards, and for related matters. The Act provides a shift in policy focus from ‘containment’ to ‘correction’ with a view to rehabilitation, human rights and access to health and justice. The Act has taken on board the provisions of CEDAW in relation to the right of women prisoners. Under the Guiding principles s3 (b) states:

s3 (b) apply to the fullest extent possible the rights and obligations of CEDAW

and CRC in the administration of prisons and the treatment of prisoners;

333. The new Yellow Ribbon Programme aimed at rehabilitating prisoners will be launched on 11 October 2008. The launch will coincide with the opening of the ‘birthing’ facilities at the Suva Women’s Prison, the only women prison in Fiji. Previously, pregnant women prisoners would be separated from their babies after giving birth and the child would be handed over to the Department of Social Welfare to decide whether to take the baby to the prisoner’s family or place it in an orphanage. This will soon change with the opening of the new birthing facilities. The mother will be able to breastfeed her baby and keep the child until he/she is six years old.^[91]

Mobility & Remittances

334. Fiji has reached an unprecedented level of population mobility both internationally and regionally. The involvement of men and women in international peacekeeping and security duties and the labour movement of professionals finding employment overseas have posed new and emerging concerns. These include health and behavioural risks and in some case the adverse social impact on families.

335. Fijian women work overseas as care givers and they contribute to Government revenue by way of remittances. During the period 2004 – 2005 overseas remittances accounted for 40% of GDP, however, this dropped by 27% in 2007. Some of those who contribute to remittances are women who work as care givers particularly in the United States. In certain cases, these women overstay their visa permit because of the economic needs of their families in Fiji. The challenge is how the situation can be regularised and legalised through bilateral or other feasible arrangements as in the case of local private security firms which sign up Fiji citizens for peacekeeping and security duties in Iraq and Afghanistan.

Article 16 Marriage and Family Life

1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

(a) The same right to enter into marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;

(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;

(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

Introduction

336. Fiji has made considerable progress in implementing CEDAW since 2004, mainly in the area of family law. In November 2005, the Family Law Act 2003 came into force with the opening of the new Family Law Division within Fiji’s Court system. The new law, which removes total discrimination against women and children is consistent with Articles 1, 2, 3, 5, 14, 15 and 16. The following Acts were repealed and replaced by the Family Law Act, 2003:

• Matrimonial Cause Act (Cap 51);

• Maintenance and Affiliation Act (Cap 52);

• Maintenance (Prevention of Desertion and Miscellaneous Provisions) Act (Cap 53);

• Maintenance Orders (Facilities for Enforcement) Act (Cap 54); and

• Maintenance Order (Reciprocal Enforcement) Act (Cap 55).

The Family Law Act 2003 and Amendments

Family Law Act of 2003

337. In 1996 The Fiji Law Reform Commission was given a reference "to enquire into and to report on the efficiency and effectiveness of the existing laws relating to family and domestic relationships including the rights and welfare of children and to make recommendations for the appropriate legislative means of reforming those laws to implement a unified and comprehensive system of Family Law.".

338. The Act implements the recommendations of the Fiji Law Reform Commission in regards to new legislation relating to matrimonial causes, the welfare of children, maintenance of spouses and matrimonial property, and counselling and reconciliation services. The Act provides a single ground of divorce: that the marriage has broken down irretrievably. It has done away with some of the old matrimonial remedies. The legislation further provides for the establishment of specialist Family Divisions in both the High Court and the Magistrates Court. It makes new provision relating to the welfare of children and the maintenance of spouses. The Act also provides for the establishment of family and child counselling services in both Family Divisions and the establishment of a Family Law Council.

Family Law (Amendment) Act 2005

339. This Act amends section 27(3) of the Family Law Act 2003. Section 27(3) originally said that proceedings for property settlement cannot be instituted without leave of the court before the expiration of 2 years from the date of divorce. That section now says that leave is only necessary after the expiration of 2 years to institute or file proceedings for property settlement.^[92]

340. The Family Law Act 2003 has brought to an end Fiji’s substantial non-compliance with many of the indicators in the area of family relationship breakdown and the subsequent issues of maintenance and custody. However, the Act is only applicable to married persons and does not include de facto relationships, including same - sex relationships (in spite of the assurance in the Fiji Constitution over non-discrimination on the basis of sexual orientation).

Family Court

Authority

341. The Family Court of the Fiji Islands officially opened on 31st October 2005. The Family Law Act 2003 came into effect on 1 November 2005.

Jurisdiction

342. The court is presided over by judges and magistrates. It is vested with jurisdiction under the Family Law Act 2003 in matters of family law and deals with divorce, property of a marriage relationship, residence, contact and other matters relating to children and maintenance. The Judicial Department provides administrative and logistical support for the operation of this court, as well as the Australia/Fiji Law and Justice Sector Program.

Location

343. The principal registry is located at the eastern wing of the Government Buildings, Suva. The court sits in Suva, Lautoka and Labasa on a daily basis. Circuits are conducted at specified centres at Navua, Nasinu, Nausori, Sigatoka, Nadi, Ba, Tavua, Savusavu, Nabouwalu, Rakiraki and Taveuni.

344. The court hierarchy includes the Family Magistrate’s Court and the Family High Court.^[93]

Minimum Age of Marriage

345. Even though, the UN CEDAW Committee of Experts in General Recommendation 21 nominated the minimum age of 18 for marriage for both males and females, Fiji however maintains the marriageable age of 16 for females and 18 for males – Marriage Act (Cap 50) 1969, with parental consent required until either party is 21 years of age. The marriage of minors, privileges the consent of the father over the mother, and is non-compliant with CEDAW. In complying with CEDAW, Fiji requires the registration of all marriages – Marriage Act (Cap 50) 1969, s 25.Bigamy is a criminal offence – Penal Code (Cap 17) 1945, s185.

346. During community consultations, concerns were raised about the marriage age of girls and the need to increase it to 18 years. The increase would be prudent in view of the total development of the girl child, the age within the context of CRC and also to be in compliance with CEDAW.

Solemnization of Marriage

347. All marriages in Fiji are governed by the Marriages Act, (Cap 50). The Marriage Act makes provisions for parties intending to marry to file a 21 days notice of their intention with the registrar in the district. After 21 days, the Registrar will issue the certificate provided at least one of the parties has been a resident of the district for 28 days preceding the issue of the certificate; each of the parties is 21 years old or in under aged appropriate consent has been obtained and there is no impediment of kindred or affinity, or any other lawful hindrance to the marriage. The Registrar must ensure that a notice to the public of the intended marriage is published and objections to the marriage can be received within a certain time frame. No marriage shall be solemnized except under the authority of a Registrar’s ‘Certificate for Marriage’ or of a licence granted by the Registrar General (RG).

348. Marriages can be solemnized before a licensed Marriage Officer or before a Minister of Religion (who has been duly appointed by the RG) in the presence of at least two witnesses in the church or other public place of worship in the district in which the notice of marriage was given. Bigamy is an offence. Marriage between couples of the same sex is not legally recognized. Customary marriage is not recognized under the laws.

Registration of Births, Deaths and Marriages

349. All births, deaths and marriages are required to be registered with the Registrar General’s Office in accordance with the Births, Deaths and Marriages Registration Act (Cap 49).

s3. Subject to the provisions of section 13, the Registrar shall register free of charge every birth and death required to be registered under this Act and every marriage solemnized under the Marriage Act of which he shall receive information together with such particulars in each case as are required to be registered:

Divorce

350. Divorce in Fiji no longer supports the criteria of fault - based and is therefore in full compliance with CEDAW. This is stated in the Family Law Act 2003, s 30(1): Can apply for dissolution on the grounds that the marriage has broken down irretrievably after 12 month separation.

s30.-(1) An application under this Act by a party to a marriage for an order for dissolution of the marriage must be based on the ground that the marriage has broken down irretrievably.

(2) Subject to subsection (3), in a proceeding instituted by an application, the ground will be held to have been established, and an order for dissolution of the marriage must be made, if, and only if, the court is satisfied that the parties have separated and have thereafter lived separately and apart for a continuous period of not less than 12 months immediately preceding the date of the filing of the application for dissolution of marriage.

(3) An order for dissolution of marriage will not be made if the court is satisfied that there is a reasonable likelihood of cohabitation being resumed.

Marriage Guidance and Counseling

351. The Department of Social Welfare also provides marriage guidance and counseling to married couples who are experiencing matrimonial problems. Volunteer marriage counselors and welfare officers provide marriage-counseling services in the divisional and district offices around the country. The Department had a total of 10 volunteer (2 per divisional office) marriage counselors providing marriage counseling to the public in 2004.

Table 21: Marriage Guidance Counseling In 2004

Source: MWSWPA Annual Report 2004

Maintenance

352. The Family Law Act 2003 contains provisions for maintenance for children (including children born outside of marriage) and spouses after separation and divorce. Maintenance is based on the earning capacity of parties, the needs of parties and any children, the assets of both and the commitments of either especially other dependants, in compliance with CEDAW. The Act also provides for a restraining order in a wide variety of situations including home and work, although this is only available for married persons.

Matrimonial Property

353. With regards to General Recommendation 21, the CEDAW Committee states that having the right to own, manage, enjoy and dispose property is central to a woman’s right to enjoy financial independence The Family Law Act contains provisions for the division of marital property which takes account of both financial and non-financial contributions of both partners in full compliance with CEDAW. This is stipulated in Section 162 of the Act: which states inter alia

s162.-(1) In considering what order (if any) should be made under section 161 in proceedings with respect to any property of the parties to a marriage or either of them, the court must take into account-

(a) the financial contribution made directly or indirectly by or on behalf of a party to the marriage or a child of the marriage to the acquisition, conservation or improvement of any of the property of the parties to the marriage or either of them, or otherwise in relation to any of the last-mentioned property, whether or not the last-mentioned property has, since the making of the contribution, ceased to be the property of the parties to the marriage or either of them;

(b) the contribution (other than a financial contribution) made directly or indirectly by or on behalf of a party to the improvement of any of the property of the parties to the marriage or either of them, or otherwise in relation to any of that last-mentioned property, whether or not that last-mentioned property has, since the making of the contribution, ceased to be the property of the parties to the marriage or either of them;

(c) the contribution made by a party to the marriage to the welfare of the family constituted by the parties to the marriage and any children of the marriage, including any contribution made in the capacity of homemaker or parent.

(d) the eligibility of either party for a pension, allowance or benefit under-

(i) any law of the Fiji Islands or of another country; or

(ii) any superannuation funds or scheme, whether the funds or scheme was established, or operates, within or outside the Fiji Islands.

354. It must also be noted that under Section 162 (2)

‘For the purposes of subsection (1) the contribution of the parties to a marriage is presumed to be equal, but the presumption may be rebutted if a court considers a finding of equal contribution is on the facts of the case repugnant to justice, (for example as a marriage of short duration.)’

Child and Family Services

Children

355. The best interests of the child is unanimously accepted as the principle on which custody determinations should be based, in view of what is stated in this Article (16) of CEDAW and General Recommendation 21.

356. Fiji prioritises the best interests of the child as the paramount consideration in compliance with CEDAW. Not only does this relate to custody and access but payment of child support for children born outside of marriage and contribution to unmarried mothers for pregnancy and childbirth costs. This is stipulated in the Family Law Act as follows:

• s88. The court may make any order it thinks proper. It must consider the financial support necessary for the maintenance of the child.

• s90. The court must have regard to the age of the child, the manner in which the child is being educated or trained, any special needs of the child.

• s91. The income, earning capacity, property and financial resources of parties and commitments to support themselves and others.

• s100. Proper contribution towards maintenance of the mother in relation to the birth, reasonable medical expenses and if child stillborn funeral expenses. The court must take account of the income, earning capacity, property and financial resources of both parties, commitments of both to themselves and others.

Care and Protection Allowance

357. Under the Juveniles Act, children under the age of 17 years deemed to be at risk are placed into the care of the Director of Social Welfare. In order to carry this out, the Department administers the Care and Protection Allowance which is a cash grant of $30-$35 per child given to those families/guardians supporting children other than their own.

358. The total payouts to families and institutions during the year totaled to $202, 904.00. A total of 176 children were recipients of the allowance in 2004, majority of the recipients were Fijians and females outnumber males by 103 and 73 respectively as illustrated in table below.

Table 22 Care & Protection Allowance: Recipients in Surrogate Families by Gender and Ethnicity.

Source: MWSW&PA Annual Report 2004

359. The allowance is also paid to residential homes which have taken into their care neglected, abused and orphaned children who are placed under the care of the Department of Social Welfare. Currently, the Department pays out $40 per month per child placed in residential homes. In 2004, the number of children in these residential homes under the care of the Director of Social Welfare totaled 106.

General Child Welfare Cases

360. The protection and care of children is the statutory responsibility of the Department of Social Welfare as articulated under the Juvenile’s Act (Cap. 56). The Department is given the responsibility to ensure that no child under the age of 17 years is exposed to any form of physical or moral danger.

Table 23 Child Welfare Cases Attended By Divisional Welfare Offices in 2004

361. Adoption of children is an area of childcare that comes under the Adoption Act (Cap 58). There are 3 types of Adoption services provided by the Department of Social Welfare.

These include:

i) Public Local Adoptions under the Supervision of DSW

ii) Private Local Adoption

iii) Public Overseas Adoption under the Supervision of the Director for Social

Welfare who is also a party to Inter-Country Adoption Arrangements.

362. i) Public Local Adoption includes adoption of a child placed under the care of the Director of Social Welfare according to the Juveniles Act (Cap 56). For children placed under the care of the Director of Social Welfare the Department of Social Welfare supervises every aspect of the adoption process.

ii) In Private Local Adoptions, arrangements are made between 2 sets of people-the parent or guardian of the infant and the adopters. In this case the parent selects and controls who the adopters are to be. The Department of Social Welfare is only involved to the extent that it has to provide the Guardian-Ad-item (GAL) and a report on the suitability of adopters as parents. In 2004, Welfare Officers acted as guardian-ad-item in 345 adoption cases.^[94]

Family and Child Welfare Services

363. The Department of Social Welfare also has statutory functions under a number of legislations namely the Juveniles Act (Cap 56) the Adoption of Infants Act, (Cap 58), Probation Act (Cap 22), Community Work Act 1994 and Disabled Persons Act 1994. Given the critical role of the Department in providing services across all sections of the populace, over the last year, there have been many changes in the administration of welfare and service, protection and care of juveniles/children and poverty alleviation projects.

364. The Department of Social Welfare is also empowered by legislation to take into custody children who are in need of care and protection and need to be removed from their homes. Substitute care for these children is available in the form of foster families and institutional care. Through this mode recipients for child care and protection are given an allowance of $30 to $35 per child. The Ministry is also charged with the responsibility of being mediators in domestic disputes including custodial rights of children, divorce proceedings and supervision of offenders.

Care and Protection Allowance

365. A total of 289 families /guardians, supporting children other than their own were assisted through the care and protection allowance. Institutional and residential homes were alternative options for children needing State care and protection. The Care and Protection allowance aims to supplement the financial needs of children living in residential homes and the Ministry pays out $40 per month as per child placed in residential homes.

366. Child Protection Family Services

▪ Marriage Counselling – 5 Counsellors (1 each division to assist Welfare Officers)

▪ Child Protection

▪ Family Counselling

▪ Family Group Counselling

Family Assistance Scheme

367. The Family Assistance Allowance is a non contributory scheme in which families and individuals in destitute conditions are provided with financial assistance. This supplementary form of cash allowance between $60-$100 is paid on a monthly basis to family/households that do not have sufficient means of support and the ability to cope. The target groups of recipients are: the elderly (over 60years), physically disabled, chronically ill, widow/widower, deserted spouse/single parent and Prisoner dependent. It also includes those families who have been deprived of earnings due to permanent physical disability, death of the breadwinner, imprisonment of the breadwinner, old age and chronic illness.

Table 24: Categories of Recipients by Ethnicity and Sex, 2006.

Source: MWSW&PA Annual Report 2006

368. As of December 2004 there were a total of 20,319 recipients on the scheme. From this total 13,791 were Females and 6,708 were Males. Of the total female recipients, Indo Fijian women dominate the list with 6,016. The majority of female recipients in all ethnic groups are receiving the allowance on grounds of death of a breadwinner. The detailed breakdown of the recipients is shown in the table above.

Poverty Alleviation Programme

369. Women’s higher risk of poverty and destitution is associated with labor force discrimination, increasing divorce and separation rates and problems in collecting maintenance payments from departed spouse. Women constitute the majority of beneficiaries under the Social Welfare Department’s Family Assistance Scheme. Female unemployment increased slightly from 7.8% in1996 to 8.7% in 2005, perhaps as a result of loss of jobs in the garment and further industries. These facts indicate the need for effective social safety nets for the unemployed in particular, training and investment to promote alternative livelihoods for women displaced from the manufacturing sector. New models are necessary to provide women with micro-finance for self-employment.

370. At present, the Poverty Alleviation Programme is aimed at improving the coping capabilities of people receiving the Family Assistance Allowance toward self-reliance via the building of homes for the homeless and through seed funding for income-generating projects. The latter is a cash grant to a maximum of $5,000. The scheme operates on a partnership with a reputable voluntary organization sponsoring the applicant and supervising the implementation of approved projects.

371. Those who are eligible to apply for assistance under the Poverty Alleviation Programme include: recipients of the Family Assistance Allowance; the elderly; physically disabled; chronically ill; widows/widowers; deserted spouses/single parents; prisoner dependents; recipients of the Care and Protection Allowance; recipients of the After Care Fund; recipients of the Ex-Servicemen Fund; ex-prisoners; fire victims; street children and youths (group project).

372. The Department’s budget allocation for Poverty Alleviation Projects (PAP) for the year 2004 was $2.5 million. Details of those assisted under these categories, including the amount distributed, is illustrated in Table 25 below.

Table 25: Details of Poverty Alleviation Recipients by Categories and Ethnicity

Source: MWSW&PA Annual Report 2004

373. A total of 446 projects were funded in 2004. As illustrated in Table 25, the majority of those assisted under the Poverty Alleviation Programme were recipients of the Family Assistance Allowance. In terms of ethnicity Fijians were the highest recipients of the Poverty Alleviation Grant in 2004.

374. A total of five (5) group projects were also funded during the year. Of these, four were income generating projects. However as a pilot project, school fees ($15,402.65) were paid for three ex-prisoners to attend Fulton College.

Domestic Violence

375. This is one of the critical issues among many families in Fiji and women and children are the most vulnerable members of society. The Preamble of the Domestic Violence Bill clearly portrays the significance of this problem.

(a) domestic violence is a concern in Fiji and victims of domestic violence are among the most vulnerable members of society;

(b) acts of domestic violence are committed in a range of domestic relationships and domestic circumstances;

(c) domestic violence is primarily committed by men against women and children;

(d) children are direct and indirect victims of domestic violence;

(e) domestic violence in all its forms is unacceptable; and

(f) many measures are needed to eliminate, reduce and prevent domestic violence including more effective legal protection for victims.

376. According to Police statistics, the majority of acts of violence are committed by men against women and Fijian women dominate the list of victims.

Table 26 Domestic Victims by Race 2001 - 2006