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Fiji - Eighteenth to Twentieth Periodic Reports of States Parties due in 2012 - Reports submitted by States Parties under Article 9 of the Convention [2012] UNCERDSPR 7; CERD/C/FJI/18-20 (10 May 2012)

	United Nations	CERD/C/FJI/18-20
	International Convention on the Elimination of All Forms of Racial Discrimination		Distr.: General 10 May 2012 Original: English

Committee on the Elimination of Racial Discrimination

Reports submitted by States parties under article 9 of the Convention

Eighteenth to twentieth periodic reports of States parties due in 2012

Fiji[*] [**] [***]

[10 February 2012]

Contents

Paragraphs Page

I. Periodic report of the Republic of Fiji to the Committee

on the Elimination of All Forms of Racial Discrimination 1–19 3

A. Introduction 1–7 3

B. Reservations 8–10 3

C. People’s Charter for Change and Progress 11–17 4

D. Free and fair elections 18–19 5

II. Legislation adopted by the Government of Fiji 20–85 6

Article 2 20–38 6

Article 3 39–40 11

Article 4 41–45 12

Article 5 46–74 12

Article 6 75–76 17

Article 7 77–85 17

III. Reporting process 86–89 19

Annexes

I. Relevant domestic law incorporating CERD.................................................... 20

II. List of schools renamed to remove racial connotation (2011).......................... 32

I. Periodic report of the Republic of Fiji to the Committee on the Elimination of Racial Discrimination

A. Introduction

1. With the recent naming of all citizens as “Fijians”, the Republic of Fiji [hereinafter “Fiji”] in accordance with article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) welcomes the opportunity to present to the Committee on the Elimination of Racial Discrimination (the Committee) its 18th, 19th and 20th combined reports on the legislative, judicial and administrative and other measures which it has adopted to give effect to the provisions of the Convention.

2 The Government of the Republic of Fiji (hereinafter “the Fijian Government”) submits its combined reports based on the guidelines adopted by the Committee at its seventy-first session (CERD/C/2007/1) from 30 July-17 August 2007. It has also taken into consideration the harmonized guidelines on reporting under the international human rights treaties (HRI/MC/2006/3 and Corr.1).

3. The report focuses on the concluding observations (CERD/C/FJI/CO/17) that were made by the Committee on the 16th and 17th reports of Fiji [hereinafter the “last report”] and measures taken to give effect to articles 2 to 7 of the Convention. This report is intended to capture achievements and changes since the last report that was tabled in 2007.

4. As articulated in the common core document, Fiji is certainly in the transition period of what it confidently anticipates will be “A Better Fiji for All”. The Roadmap for Democracy and Sustainable Socio-Economic Development 2009-2014, which is a culmination of the People’s Charter for Change, Peace & Progress (the People’s Charter) and the Strategic Framework for Change call for the dismantling of the social and legal structures that have institutionalised racism.

5. Pillar 2 of the People’s Charter, “Developing a Common National Identity and Building Social Cohesion” expresses the Fijian Government’s commitment to unifying all Fijians through a common name and identity.

6. Government has issued a directive that all collection of data that typifies ethnicity is no longer to be conducted. Where available, information showing ethnic origin has been included. In this report, indigenous Fijians are referred to as iTaukei and all other citizens are referred to as Fijians.

7. This certainly addresses concerns raised by the Committee (CERD/C/FJI/CO/17) in the last report on the use of ethnicity on official forms. This is no longer a practice and all Government forms no longer include a race/ethnicity component.

B. Reservations

8. The 1973 succession of Fiji to the International Convention on the Elimination of All Forms of Racial Discrimination also expressly affirmed the reservations and declarations subject to which the Government of the United Kingdom had ratified that Convention on behalf of the then colony of Fiji.

9. The commitment of Fiji to the elimination of racial discrimination was declared by the Fijian Prime Minister at the high-level meeting of the General Assembly held in New York on 22 September 2011 to commemorate the 10th anniversary of the adoption of the Durban Declaration and Programme of Action.

10. Fiji therefore has definite intentions to withdraw its reservations under the relevant provisions of the Convention upon the completion of the necessary consultation.

C. People’s Charter for Change, Peace and Progress

11. In response to the Committee’s concerns about the inclusive process, the Government would like to convey to the Committee that the People’s Charter as elaborated in the common core document was a product of extensive, nationwide consultations of the Draft People’s Charter coordinated by the the National Council for Building A Better Fiji (NCBBF) carried out extensive, nationwide consultations on the Draft People’s Charter.

12. This involved the:

• Publication (in English and the vernacular), and distribution throughout the country, of the Draft People’s Charter, the Executive Summary of the SNE Report, and a pamphlet on Electoral Reform; and

• Direct consultation with the people to gauge public opinion on the Draft People’s Charter. A Response Form to record public opinion was utilized.

13. The NCBBF identified all adult persons, aged 18 years and over, as the targeted audience for consultations on the Draft People’s Charter. 250,000 copies of the People’s Charter Documents were published, and these were distributed to as many people as possible across the country. In addition, information on the contents of the Draft People’s Charter and the SNE Report were communicated extensively through the radio and print media. The documents were also made available through the internet on both the NCBBF and the Ministry of Information websites. Published documents were made available in the English, iTaukei and Hindi languages and distributed throughout Fiji from 21 August to 30th November, 2008.

14. Public outreach teams consisting of NCBBF and Technical and Support Secretariat (TASS) members, public servants, and representatives of various non-government organizations were established for each Division to undertake direct public consultations through:

• Public meetings in villages, settlements and urban centers throughout the country;

• House-to-house visits in towns, cities and most rural settlements; and

• Presentations to public servants in all Government Ministries and Departments and other State institutions, statutory bodies and business houses.

15. A brief presentation on the Draft People’s Charter and clarification of any issues were provided during each visit and public forum, before people were requested to provide their views and opinions on the Draft People’s Charter through the Response Forms provided.

16. Public consultations on the Draft People’s Charter were completed in early December 2008. The NCBBF received a Report from its TASS on the outcomes of the nationwide consultation process. As of 10 December, 2008, of the 533,782 people in Fiji aged 18 years and above, the People’s Charter process had outreached and consulted a total of 424,660 persons, this representing 80 per cent of the adult population. Of this number, a total of 372,311 persons provided their feedback by completing the Response Forms; and of these, a total of 342,592 or 92.0 per cent affirmed their support for the draft People’s Charter. An additional 11,300 or 3.6 per cent of those completing the Response Forms, also expressed support for the draft People’s Charter but subject to certain changes being incorporated. Those not supporting the draft People’s Charter totaled 14,481, this representing 4.4 per cent of the respondents. The total number of respondents who expressed support for the Draft People’s Charter without any changes to its contents, i.e. 342,592, constitutes 64.2 per cent of the total adult population aged 18 years and above.

17. For the total adult population of 489,708 i.e. those of age 21 years and above, the consultation process outreached 391,586 people or 80 per cent. Of these, a total of 342,540 persons completed the Response Forms; and of that, 316,529 or 92.4 per cent indicated support for the Draft People’s Charter without any changes to its contents. A further 10,327 or 3 per cent of the respondents expressed support but with some qualifications; and a total of 12,295 or 4 per cent of the respondents did not support the Draft People’s Charter. Thus, the total number of respondents who expressed support for the Draft People’s Charter without any changes to its contents constitutes 64.6 per cent of the total population aged 21 years and above.

D. Free and fair elections

18. The Committee had also raised its concerns anticipating the conduct of “free and fair elections”. The Government is pleased to convey that it will commence nationwide consultation on the formulation of a new constitution as an integral component of the electoral reform process. To that end, Government in due course will announce the company that has being selected to prepare the country for the 2014 election in terms of the operation of the electronic voting, following rigorous vetting of proposals from companies of international reputation and experience.

19. The State of the Nation Report (SNE) published by the National Council for Building A Better Fiji (NCBBF), August 2009, sets out the proposed electoral reforms as follows:

• The complete abolition of the communal representation system and the use of a common roll for all future elections;

• The adoption of a Proportional Representation (PR) System under an Open List system;

• That specific anti-discrimination measures be incorporated into Fiji’s electoral laws to ensure no person is discriminated against by political parties on the grounds of race, religion, gender or circumstance;

• That a relatively small number of large constituencies, but no more than five, is adopted to maximize the proportional benefits of a PR electoral system; and

• The reduction of the voting age from 21 to 18.

II. Legislation adopted by the Government of Fiji

Article 2

20. Domestic laws in Fiji encompass the definition of discrimination based on race, colour, descent, or national or ethnic origin. As articulated in the common core document, since the last report of Fiji, the abrogation of the Constitution has led to the formulation of various decrees that govern Fiji and its citizens. This has led to the current legislative reform with a genuine intention to put an end to archaic laws and legislations that allow for discrimination against any ethnic group or race-based legislation that would further the racial rift amongst the ethnic communities represented in Fiji.

21. However, there is yet to be specific race legislation or domestic law on “racial discrimination” per se, but there are laws that prohibit discrimination on the grounds of race. Tabulated as annex 1 are details of domestic laws that have incorporated the Convention and other related human rights conventions.

22. To highlight specific examples, the National Employment Centre Decree of 2000 articulates in its interpretation clause “indirect discrimination” to mean any apparently neutral situation, regulation of practice which in fact results in unequal treatment of persons with certain characteristics that occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the grounds set out in section 9 of this Decree, and is closely related to any inherent requirement of the job.

23. Subsequent to the abrogation of the Constitution in 2009, the Fijian Government decreed that the Public Emergency Regulations would be used to administer public safety and public order in the Fiji Islands. This was a transition measure only to attune the political, legal, civil, economic and social institutions to protecting the domestic interests of Fiji whilst complying with our international obligations. The Fijian Government has not disallowed the gathering of groups or community members but has laid down a permit system administered by the Law Enforcement Agencies.

24. The Fijian Government as at 7 January 2012, lifted the PER and now has in place the Public Order (Amendment) Decree 2012 which safeguards communities and specifies the prohibition of racial vilification. This is critical given the past political history of Fiji in 1987 and 2000, when race and religious vilification were used to create public disorder, harassment and intimidation, holding the entire country to ransom. Such laws are necessary to enable Fijians to discuss their future equally without being threatened in the lead-up to the 2014 elections.

25. In response to the Committee’s request for an elaboration of the interpretation of “indigenous” Fijians, the Government wishes to inform the Committee that indigenous Fijians are referred to as “iTaukei”. In domestic laws, in particular the iTaukei Affairs (Amendment) Decree, which was formerly referred to as the Fijian Affairs Act, indigenous Fijians or iTaukei “includes every member of an aboriginal race indigenous to Fiji and also includes every member of an aboriginal race indigenous to Melanesia, Micronesia or Polynesia living in Fiji who has elected to live in a iTaukei village”.

1. National identity

26. The Fijian Government is also pleased to convey to the Committee of the amalgamation of a common national identity and that all Fiji citizens regardless of their ethnic origin can now call themselves “Fijian” with no fear of reprisal. This has removed the racial label which had been in existence in Fiji for more than 100 years.

27. The Fijian Government has approved the iTaukei Affairs (Amendment) Decree 2010 that came into effect on 1 July 2010, which replaces “Fijian” or “indigenous” or “indigenous Fijian” with the word “iTaukei” in all written laws and all official documentation referring to the original and native settlers of Fiji. To that effect, all Fiji citizens are now called Fijians. All Government agencies are to effect these changes in all their official communication in any form whatsoever. All State documents of any nature whatsoever have been amended by replacing the word “Fijian” (wherever it currently refers to indigenous Fijians) with the word “iTaukei”.

28. In responding to the Committee’s concerns regarding the low representation of Fijians of Indian origin in the Military, the Fiji Police Force and Public Administration, the Government would like to convey to the Committee its commitment to the elimination of all forms of discrimination. All recruitment is merit based.

29. As of December 2011, the ethnic representation in the Civil Service as tabulated below indicates that 63 per cent of the 22,652 civil servants consist of iTaukei followed by 34 per cent of Fijians of Indian origin and a minimal percentage of Fijians of other ethnic origin and expatriates. Since 2003, the ethnic proportion of the Civil Service has not changed significantly and closely resembles the ethnic proportion of Fiji’s population.

Table 1: Composition of civil servants by ethnicity (2003 - 2010)

Source: Public Service Commission

30. The Republic of Fiji Military Forces (RFMF) is committed to promoting equality and diversity, both in the workplace and in its management practices, ensuring equal employment opportunities are accessible to everyone interested in joining the organization. The Army Legal Service and the Chaplaincy/Counseling department support military personnel at all levels to help maintain a working environment free of harassment and discrimination. Approximately 100 per cent of positions in the RFMF are available to females. Equity and diversity principles apply to all RFMF personnel. “Equity and diversity” means fair treatment with everyone given equal opportunity to make the most of their talents and abilities.

31. In response to concerns raised by the Committee, the RFMF invites expressions of interest and applications from all Fijians, yet experience has shown that non-iTaukei either show little interest in applying or have a high turnover rate when recruited. The Republic of Fiji Military Forces (RFMF) expects its members to be of the highest caliber, both physically and ethically, so it has in place a number of regulations which may impact on the lifestyle of military personnel. The criteria for eligibility for the RFMF are as follows:

• Be a Fiji citizen;

• Be aged from 18 - 25 years unless you are enlisted as a specialist, e.g. doctors, lawyers and chaplains;

• Pass specific medical and physical standards;

• No adverse police record;

• Meet the minimum educational standard, that is a good pass in the Fiji School Leaving Certificate or higher exams and qualifications; and

• The minimum height is 152 cm without shoes.

32. The following graph indicates the ethnic composition of the RFMF. The Government reiterates its commitment to a non-discriminatory approach in its recruitment and selection process.

Table 2: Ethnic representation in the Republic of Fiji Military Forces

Table 3: Ethnic composition of commissioned officers

33. The Fiji Police Force is also committed to the elimination of all forms of discrimination. Illustrated below in response to the request by the Committee is the ethnic proportion of those in the Fiji Police Force.

Table 4: Total manpower in the Fiji police force

Table 5: Special Constables

Table 6: Inspectorate officers

34. Illustrated above are ethnic compositions in the Fiji Police Force at various levels. From the lower levels of Special Constables to the higher ranks of Inspector and Assistant Superintendents, the composition closely resembles that of the Public Service.

2. National Human Rights Institution

35. The current Fiji Human Rights Commission is established under the Human Rights Commission Decree No 11 of 2009, repealing the Human Rights Act 1999. The Commission promotes human rights and educates the public about these rights, making recommendation to the Government on complaints and investigations that breach these rights.

36. The Fiji Human Rights Commission (FHRC) operates under the Human Rights Decree No. 11 of 2009.

37. Section (4) The functions of the Human Rights Commissions are:

“ to educate the public about the nature and content of this Decree, 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;”

38. The FHRC continues to investigate alleged human rights breaches without an official Ombudsman and Chairperson. In 2010, the FHRC received 42 complaints, 29 of which were taken to court and 16 of those before the courts were in relation to complaints by women. These complaints were largely in relation to domestic violence and family court cases.

Article 3

39. Government has now supported its combat against all forms racial discrimination with appropriate legislation as identified under Article 2 (annex 1).

40. Government is committed to creating a just society that is free from all forms of discrimination. A key underlying principle of the People’s Charter and the Roadmap for Democracy and Sustainable Socio-economic Development is the right to equal opportunity and equality under the law for all citizens regardless of race, gender, or circumstance in all areas of Government and society.

Article 4

41. The Government remains committed to the elimination of racial discrimination and is against any organisation that disseminates ideas based on racial superiority or hatred, acts of violence or incitement of such acts. Such organisations are condemned and discouraged by the Government in accordance with the Laws of the country. The Government maintains its strong rejection of any doctrine that conveys racial superiority or inferiority along with theories which attempt to discriminate between the races in Fiji.

42. The existence of the Public Order (Amendment) Decree of 2012 maintains public security, which in effect limits the assembly of such organisations and propaganda from inciting racial discrimination on the basis of superiority of certain groups over others or based on race.

43. The Media Decree 2009 (Decree No. 29) is a clear demonstration of the State’s commitment to the Convention by prohibiting, limiting or discouraging discrimination on the grounds of race and ethnicity via the powerful medium of the media by setting certain standards in terms of reporting and advertising and provides a wider range of penalties to compel compliance with the Media Code and the provisions of the Decree, namely:

(a) Order the media organization to pay a penalty not exceeding a sum of $100,000;

(b) Order the publisher or editor of any media organization to pay a penalty of a sum not exceeding $25,000;

(c) Order the journalist or an employee, officer, servant or agent of any media organization to pay a financial; penalty of a sum of not exceeding $1,000;

(d) Order the media organization or an employee, officer, servant or agent of that media organization to make a written apology to the complainant or the Authority, as the case may be;

(d) Order the media organization to pay monetary compensation of a sum not exceeding $100,000 to any person aggrieved or adversely affected by the conduct of the media organization or any employee, officer, servant or agent of that media organization;

(e) Order that the publisher or editor of a media organization pay monetary compensation of a sum not exceeding $25,000 to any person aggrieved or adversely affected by the conduct of the media organization or any employee, officer, servant or agent of that media organization.

44. The Ministry for Local Government has issued a written directive to Municipal Councils to ensure equal opportunities for all races. Furthermore a later directive issued to the Housing Authority, Public Rental Board and the Housing Assistance & Relief Trust (HART) stated that the names of both husbands and wives shall be registered on the leases issued to their tenants.

45. The Ministry for Local Government has issued a written directive to Municipal Councils to ensure equal opportunities for all races. Furthermore a later directive issued to the Housing Authority, Public Rental Board and HART stated that the names of both husbands and wives shall be registered on the leases issued to their tenants.

Article 5

46. The Fijian Government is committed to ensuring the rights of all Fijians. Through the policy directions from the Government which are embedded in domestic laws, the Roadmap for Democracy and Socio-Economic Development is a guiding framework for all Government Ministries. All polices and programmes are monitored closely by the Strategic Framework for Change Coordinating Office to ensure the implementation of Government Reforms.

47. Fiji has four main types of land holdings: State Lands, Freehold Lands, iTaukei Leases and vakavanua iTaukei Lands. These land holdings can be further classified into two different types of land tenure systems: as a “western” land tenure system, and a “customary” land tenure system. Freehold Lands, State Lands and the portion of iTaukei Land that are leased out as “iTaukei Leases” operate under the “western” land tenure system; while the communally held iTaukei Lands operate under the “customary” or vakavanua land tenure system.

48. In response to the Committee’s concerns in the last report regarding land ownership, statistics indicate that 88 per cent of land in Fiji comprises of iTaukei land, 4 per cent State land and 8 per cent is Freehold land. ITaukei land is based on the system of communal ownership. Under this system land and communal land owners are registered, with no individual titles issued. Ownership of land is vested in the mataqali or tribal group as registered in the Register of iTaukei Lands (RTL). Individual membership of the land-owning unit is recorded in the Register of iTaukei (Vola ni Kawa Bula-VKB).

49. However, along with other Fijians they may access such land through the system of leasing administered by the iTaukei Lands Trust Board, pursuant to the provisions of the iTaukei Land Trust Act (Cap 134) or through the informal arrangements with land owners.

50. As for communally owned land, the Fijian Government promulgated the Land Use Decree 2010 to ensure access for everyone including non-citizens for sustained livelihood and economic growth. The Land Use Decree 2010 provides security for tenure by increasing the term of agricultural leases from 30 to ninety-nine (99) years.

51. State land is owned and administered by the State through the Ministry of Lands and Mineral Resources and can be leased by any person/entity for residential, agricultural and other commercial purposes.

Figure: State Lands Lease Distribution by Ethnicity 2007-2011:

Source: Ministry of Lands and Mineral Resources 2011

1. Right to equal treatment before courts, tribunals and other organs administering justice

52. All Courts and Tribunals in Fiji follow the same rules and procedures that existed under the abrogated 1997 Constitution, and in that all are treated equally adhering to natural justice and the independence of the courts is provided for in Section 4 of the Administration of Justice Decree 2009.

2. Right to security

53. The Fijian Government is committed to enhancing the operation of Fijian law and order institutions and to ensuring the country’s national security and sovereignty. The National Security Strategy of Fiji endorsed by Government in 2010 including protecting the country’s sovereignty, ending the cycle of coups and maintaining law and order. Fiji has put in place key strategies to enhance the operation of institutions within the law and justice sector including: developing capacity to effectively tackle crime; increasing focus on crime prevention and police accountability; strengthening the independence and accountability of the judiciary; effective rehabilitation of offenders; revision of laws and access to justice and accountability for legal practitioners.

54. Fiji is a signatory to the 1951 Convention relating to the Status of Refugees. The Department of Immigration has reported eight refugee applications to date. The Department ensures that any refugee applicant must be given all the necessary support and protection while their application is being processed. The Department also complies with the requirements of the Convention that a person must not be returned to their country or territory where they could become victims of human rights abuses.

55. In response to the Committee’s request for the ethnic composition of the Prison Population, the Fijian Government is availing this information for 2011.

Table: Ethnic composition of the prison population

Source: Fiji Corrections Service 2011

3. Political rights

56. Fiji is at a crucial crossroads for the reforms necessary to break the barriers of “racial divide” if it is to realise a Common National Identity and Social Cohesion.

57. The Electoral Reforms that the Fijian Government has embarked on are captured in the Roadmap for Democracy and Sustainable Socio-Economic Development. The ultimate objective of the Electoral Reforms is to achieve “one person, one vote and one value” ensuring that no Fijian is discriminated against on the basis of race.

4. Freedom of movement and residence

58. Freedom of movement is protected under the Human Rights Decree 2009, Public Emergency Decree 2006 and Public Order (Amendment) Decree 2012 to name a few, with some exceptions in the interest of public order, public safety and in light of anti-discrimination provisions in the human rights-based domestic laws.

5. The right to nationality

59. Every Fijian is entitled to multiple citizenship pursuant to Section 14 of the Citizenship of Fiji Decree 2009 (Decree 23). Fijian citizenship may be acquired by birth, registration or naturalisation. Every child born in Fiji becomes a citizen unless at the date of birth, a parent of the Child has diplomatic immunity or neither parent is a citizen. An infant found abandoned in Fiji is deemed to have been born in Fiji in the absence of proof to the contrary. Any foreigner who has satisfied the requirements may apply for citizenship but the Fijian Government reserves the right to refuse the application if information has been received that the person(s) applying is/are a threat to national security. Anyone may apply for residence and marriage in Fiji, provided they comply with the conditions set out in the Citizenship of Fiji Decree No. 23 of 2009.

60. Prevention of Statelessness of Fijians is provided for under Section 19 of the Citizenship of Fiji Decree No. 23 of 2009.

6. The right to work

61. The Ministry for Labour, Industrial Relations and Employment (MLIRE) is responsible for overseeing labour relations in Fiji. Fiji has been a member of the International Labour Organization (ILO) since 1974 and to date has ratified a total of 30 ILO Conventions including the 8 core labour standards Conventions (Nos. 29, 87, 98, 100, 105, 111, 138, and 182).

62. MLIRE has focused its strategy on establishing an enabling and sustainable environment created through progressive policies, laws, programmes and actions. MLIRE is reforming all outdated labour policies, legislations, institutions and administration systems with the aim of providing a progressive business environment that promotes flexibility in wage setting, stable employment relationships, progressive health and safety standards, a better workers compensation system, improved terms and conditions of employment, a speedy and effective conflict resolution system and good faith bargaining that will prohibit discrimination on the grounds of race.

63. In reforming the labour policies, the MLIRE adopts the “Fundamental Principles and Rights at Work” enshrined in the eight (8) “core” ILO Conventions and other Conventions ratified by Government. It also ensures that these policies comply with the good governance principles. The strategic positioning of these new labour policies and institutions will also promote and facilitate trade and employment creation locally due to the insistence of the World Trade Organization (WTO) on core labour standards compliance as an important precondition to international trade in a democratized world.

7. Employment Relations Promulgation 2007 (ERP)

64. The ERP came into force on 2 April 2008. The ERP covers a very wide range of labour matters such as the fundamental principles and rights at work, the Employment Relations Advisory Board, compliance officers and their powers, contracts of service, protection of wages, holidays and leave, hours of work, equal employment opportunities (EEO), children, maternity protection, redundancy, employment grievances/disputes, registration/rights/liabilities of trade unions, collective bargaining, strikes and lockouts, essential services and the disputes resolution institutions.

65. The Government is committed to ensuring access to employment opportunities and has established its National Employment Centre through the National Employment Centre Decree 2009 (Decree No. 54), which provides a legislative framework enabling the provision of employment services. A salient feature of the National Employment Centre Decree is the elimination of direct and indirect discrimination towards any unemployed person or volunteer involved in any employment creation service on the basis of race, colour, gender, sexual orientation, age, physical or mental disability, HIV/AIDS status, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

8. The right to form and join trade unions

66. Under the Employment Relations Promulgation 2007 (ERP), workers in Fiji have the right to form and join trade unions, and employers have the right to form employers' organizations. Workers and employers have the right to organize and bargain collectively.

110. The Public Service (Amendment) Decree of 2011 in section 10. B (5) allows for the right of employees to join a trade union.

9. The right to housing

67. The Fijian Government through the National Housing Policy of 2010 ensures that all Fijians have access to affordable housing. The criteria used by the Ministry of Local Government, Urban Development, Housing and Environment are based on the family income thresholds.

10. The right to public health, medical care, social security and social services

68. The following data highlights statistics in relation to poverty and unemployment for the various ethnic groups and figures from the 2007 Census and the Poverty and Household Incomes in Fiji from 2008 to 2009.

Table: Poverty and unemployment for various ethnic groups and figures

69. A targeted approach to poverty alleviation is central to enhancing and sustaining “inclusive” economic and social development for all sections of the communities. On this note, the Fijian Government has implemented initiatives such as the family assistance scheme, food voucher programme and transportation assistance scheme, to name a few.

70. New laws in the area of Public Health, namely the Pharmacy Profession Decree 2011, Medical and Dental Practitioners Decree, Mental Health Decree, HIV/AIDS Decree ensure that their Code of Conduct is non discriminatory on the basis of race.

71. In response to the Committee’s concerns about the Government’s approach to suicide prevention, the Fijian Government had investigated the dynamics of suicide (motives) through broader research efforts and identified the following preliminary findings as contributing factors for the high suicide rates prevalent amongst Fijians of Indian origin:

(a) Low tolerance to financial stress

(b) Isolation of females and the low status of women in the culture

(c) A general lack of emotional support systems in cases of personal despair

(d) Extreme pressure to succeed.

72. The Fijian Government has engaged a consultant to undertake further research on the preliminary findings, established stress management units in the main hospitals and continuous education and awareness programmes to all communities.

73. Police statistics recently released for 2011 have recorded a drop in suicide rates.

11. The right to education and training

74. The Employment Relations Promulgation 2007 (ERP) and the National Employment Centre Decree provides for fundamental rights work based on non-discriminatory principles.

Article 6

75. As articulated under Article 2 of this report, the Fijian Government has implemented laws in the period under review such as the Crimes Decree, HIV & AIDS, Criminal Procedure Decree and the Employment Promulgation, to name a few, that expressly provide for the application of the human rights-based Conventions.

76. Individuals in breach of Fijian Laws (refer to annex 1) are subject to the following:

(a) Imprisonment;

(b) Payment of compensation;

(c) Declaration;

(d) Restraining orders;

(e) Performance orders;

(f) Disciplinary action;

(g) Reconciliation; and

(h) Apology.

Article 7

1. Education

77. The vision of the Fijian Government is to attain a just society that is free from all forms of discriminations. In pursuit of this, the laws and policies adopted by the Ministry of Education prohibit any form of discrimination.

Minister’s directive on school name change

78. Pursuant to the Minister of Education’s directive on changes to school names that bear a racial connotation, a total of 56 schools have changed names as at December 2011. A list of schools is attached at annex 2.

Language policy implementation

79. The Fijian Government in 2007 issued a policy directive through the Ministry of Education for all students to undertake compulsory iTaukei and Hindi language studies as part of the school curriculum. The Ministry of Education piloted in 2008 the compulsory teaching of conversational Hindi and iTaukei language studies. The overall implementation rate was at 80 per cent as of December 2011. Compliance measures with effect from 2012 will include the non-payment of Grants for the schools that fail to adhere to the policy directive.

School zoning policy

80. The major intended outcome of the school zoning policy is to ensure access for all students living within the school proximity.

School citizenship education programme

81. The citizenship curriculum aims to develop students’ ability to participate in communities and wider society as informed and responsible global citizens. The purpose of "active citizenship" is to teach students to work together and take practical action, using their citizenship knowledge and understanding to contribute to a better Fiji.

Education for all

82. To fulfill its commitment to increase access to education for all, the Fijian Government has implemented the following initiatives in the education sector to benefit the economically disadvantaged:

(a) Bus fare assistance: In 2009, Government paid bus transport costs for students who come from economically disadvantaged families.

(b) Expanded food voucher program: The Fijian Government provides financial support through food vouchers for families whose combined income is less than $5000 a year.

(c) Free tuition, text books and stationery: From 2009, the Fijian Government has provided free textbooks to all students from primary school level. In addition to the tuition fee grants that are provided to all primary and secondary schools, supplementary grants are also given to schools in disadvantaged communities.

2. Culture

83. The Fijian Government is committed to enhancing social and cultural cohesion at all levels of society through the budgetary allocation for cultural and arts festivals to showcase artistic creation and allow for the cross pollination of cultural values.

3. Information

84. The Fijian Government through the Ministry of Information has allocated human and financial resources for promoting a Common National Identity and Building Social Cohesion as stated in Pillar 2 of the People’s Charter.

85. The onus is for the leaders of the churches, mosques and the temples in Fiji to take the lead role in promoting co-existence and the values of multi-culturalism in their congregations. This is the only way they can successfully cultivate the next generation of Fijians to sustain “A Better Fiji for All”.

III. Reporting process

86. In obtaining the required information for this report, the Ministry of Foreign Affairs and International Cooperation established an inter-agency committee consisting of all the relevant stakeholders.

87. The formulation of Fiji’s 18th, 19th and 20th combined reports solicited views from civil society through a consultation hosted by the Fiji based Office of the High Commissioner of Human Rights.

88. Prior to submission to any of the international treaty bodies, all Fijian reports would have to be endorsed by Cabinet.

89. The Ministry of Foreign Affairs has increased its focus on public diplomacy and as such will be making available on line Fiji’s reports to the various international treaty bodies. As part of the universal periodic review, the Ministry of Foreign Affairs and International Cooperation envisages the establishment of a permanent working mechanism that would guide both the reporting and implementation of obligations under all the human rights conventions.

Annexes

Annex I

[English only]

Annex II

[English only]

List of schools renamed to remove racial connotation (2011)

Source: Ministry of Education, Culture & Heritage, Youth & Sports

[*] This document contains the eighteenth, nineteenth and twentieth periodic reports of Fiji due in 2008, 2010 and 2012, submitted in one document. For the sixteenth and seventeenth periodic reports and the summary records of the meetings at which the Committee considered this report, see documents CERD/C/FJI/17 and CERD/C/SR.1850, 1851 and 1867.

[**] In accordance with the information transmitted to the States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services.

[***] Annexes are reproduced in the language of submission only.