HUMAN RIGHTS IN THE PACIFIC A Situational Analysis 2020 1 HUMAN RIGHTS IN THE PACIFIC A Situational Analysis 2020 Human Rights in the Pacific | A Situational Analysis 2020 © Pacific Community (SPC) 2020 All rights for commercial/for profit reproduction or translation, in any form, reserved. SPC authorises the partial reproduction or translation of this material for scientific, educational or research purposes, provided that SPC and the source document are properly acknowledged. Permission to reproduce the document and/or translate in whole, in any form, whether for commercial/for profit or non-profit purposes, must be requested in writing. Original SPC artwork may not be altered or separately published without permission. Original text: English Pacific Community Cataloguing-in-publication data Human rights in the Pacific: a situational analysis 2020 1. Human rights – Oceania. 2. Human rights – Law and legislation – Oceania. 3. Social justice – Oceania. I. Title II. Pacific Community III. United Nations. Office of the High Commissioner for Human Rights 323.0995 AACR2 ISBN: 978-982-00-1398-8 Disclaimer The contents of this publication are the sole responsibility of the Pacific Community (SPC) and the United Nations Office of the High Commissioner for Human Rights (UNOHCHR). While reasonable efforts have been made to ensure the accuracy and reliability of the material in this report, the Pacific Community (SPC) and the United Nations Office of the High Commissioner for Human Rights (UNOHCHR) cannot guarantee that the information contained in the report is free from errors or omissions and do not accept any liability, contractual or otherwise, for the contents of this report or for any consequences arising from its use. Prepared for publication at the Pacific Community Sub Regional Office, Suva www.spc.int 4 Human Rights in the Pacific | A Situational Analysis 2020 Foreword Human rights are a fundamental pillar of Pacific island societies. Enshrined in the region’s national laws, policies and other normative frameworks, human rights also find meaningful purchase in the culture and customs embodying the Pacific way of life. Core human rights principles such as dignity, fairness, respect, participation, non-discrimination, and the responsibilities of individuals to the community, resonate widely in the diverse tapestry of Pacific cultures. Yet the challenges before us are also numerous and acute, with multiplying inequalities and a changing environment. This situational analysis is an opportunity to reflect on human rights progress and challenges in the region. It is not a scorecard or assessment of the rights records of the countries covered but rather a window shedding light on some of the most critical issues, areas of advancement and contemporary risks. It highlights the resilience of Pacific communities and showcases promising developments including new ratifications and progress on United Nations human rights treaties, strengthened legal systems and improved access to remedies, and efforts to enhance participation of marginalised groups and individuals. With this, however, comes a disclaimer. In compiling the information, major obstacles were faced in the form of a rapidly shifting human rights landscape, precipitously reshaped by the COVID-19 pandemic. The pandemic started out as posing a major health threat to the Pacific and has since highlighted existing and underlying structural and institutional issues. COVID presents new challenges to human rights as derogations or emergency measures are employed to prevent or contain its spread. Taking broad stock of the human rights situation in the Pacific is therefore timely. Pacific Island Countries have high vulnerability to outbreaks of communicable disease due to relatively weak health systems, the prevalence of non-communicable diseases, and social norms that are both challenging to effective prevention and conducive to rapid transmission. Governments in the region have generally responded quickly, which, combined with the region’s isolation, has meant that many of the world’s last remaining outbreak free holdouts are in the Pacific. However, there are many groups and individuals who face particular risk during this period and have little or no voice in shaping the socio-economic response and recovery effort. Women and girls, children, refugees, internally displaced persons, stateless persons, national minorities, migrant workers, lesbian, gay, bisexual, transgender, intersex and queer people, persons with disability, older persons and persons living with HIV/AIDS – all face the extra burden of being historically under-represented in policy discussions. In responding to COVID-19, a careful balancing act is required to ensure that measures, including physical distancing, curfews and restrictions on movement, achieve desired public interest outcomes without adversely impacting human rights. As UN Secretary General António Guterres says, human rights should be at the centre of the pandemic response: “Human rights responses can help beat the pandemic, putting a focus on the imperative of healthcare for everyone. But they also serve as an essential warning system – highlighting who is suffering most, why, and what can be done about it.” The theme for Human Rights Day 2020 is “Recover Better – Stand Up for Human Rights”. This is a reflection on a challenging year for all of humanity as well as a forward-looking exhortation that we can and must do better than the pre-pandemic status quo. The information contained within the pages of this situational analysis compels us to drive this effort forward regionally and to realise universal human rights in the lived reality of all Pacific peoples. Dr Stuart Minchin Heike Alefsen Director-General, Regional Representative Pacific Community Office of the United Nations High Commissioner for Human Rights, Regional Office for the Pacific 5iii Human Rights in the Pacific | A Situational Analysis 2020 Acknowledgements I am delighted to commend to you the 2020 Human Rights in the Pacific: A Situational Analysis report. This report is a comprehensive update of the 2016 report of the same name, and was again produced by the Pacific Community (SPC) through its Human Rights & Social Development (HRSD) Division, in partnership with the United Nations through its Office of the High Commissioner for Human Rights Regional, Office for the Pacific (OHCHR ROP). This 2020 report would not have been possible without funding support from the Governments of Sweden and, through the Pacific Commonwealth Equality Project, United Kingdom. A number of people worked diligently to ensure this report is an accurate, fair and high quality representation of the current state of affairs of human rights in the Pacific. Aarni Seger, Albert Seluka, Amberoti Nikora, Ashley Bowe, George Isom, Dr Jayshree Mangubhai, Kathryn Relang, Martin Child, Neomai Maravuakula, Pasai Teafiula, Patricia Sango and Stella Duburiya from SPC, and staff from OHCHR ROP in Suva and the OHCHR headquarters in Geneva provided input into drafting the content of this report. Carol Nelson expertly edited their work and provided the overarching analysis, while Romulo Nayacelevu and OHCHR ROP appraised the penultimate draft and offered suggestions that informed the final version of the report. Kalpana Prasad from SPC helped shepherd the project through the editing and formatting stage. To all of them, and any others who worked on the report in some way – vinaka vakalevu for a job well done. I trust the 2020 Human Rights in the Pacific: A Situational Analysis report will make a useful contribution to the protection and promotion of human rights in the Pacific. Miles Young Director of HRSD iv6 Human Rights in the Pacific | A Situational Analysis 2020 Contents Foreword ............................................................................................................................................ iii Acknowledgements ............................................................................................................................iv Abbreviations and Acronyms ..............................................................................................................vi Introduction and Overview ................................................................................................................1 COVID-19 perspective ............................................................................................................3 Governments and human rights ............................................................................................8 Domestic laws on human rights .............................................................................................13 Human rights policies ............................................................................................................14 Judicial systems and administration of justice .......................................................................15 Access to justice and the right to remedy..............................................................................17 National human rights institutions ........................................................................................18 Civil society and human rights defenders ..............................................................................19 Freedom of information ........................................................................................................20 Women’s rights and gender equality .....................................................................................20