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Justice Needs and Satisfaction in Fiji Copyright © UNDP All Rights Reserved October 2019 Justice Needs and Satisfaction in Fiji Copyright © UNDP All rights reserved October 2019 Disclaimer: This publication was produced with the financial support of the European Union. Its contents are the sole responsibility of the author(s) and do not necessarily reflect the views of the European Union and do not necessarily represent those of the United Nations, including UNDP, or UN Member States. ISBN: 978-982-531-025-9 Design & Layout: The Hague Institute for Innovation of Law Cover photos: UNDP Pacific Office in Fiji Printed in Fiji United Nations Development Programme Pacific Office in Fiji Level 8, Kadavu House, 414 Victoria Parade, Private Mail Bag, Suva, Fiji Justice Needs and Satisfaction in Fiji Table of contents Executive summary ............................................................................................................. 4 Justice Needs and Satisfaction study in Fiji ..................................................................... 7 Approach to assessing access to justice in Fiji ..............................................................................8 Desk research: Understanding the access to justice context ....................................................8 Survey research: Listening to the people of Fiji ............................................................................9 Sampling ............................................................................................................................................. 10 Individual and focus group interviews ......................................................................................... 10 The context of access to justice in Fiji ............................................................................. 13 Constitutional and legislative framework .................................................................................... 14 Access to justice legal and institutional framework .................................................................. 14 Legal Aid Act 1996 and the Legal Aid Commission .................................................................. 14 The Judicial Department and the courts ...................................................................................... 15 Traditional and informal justice processes .................................................................................. 16 Listening to the people of Fiji ........................................................................................... 19 Prevalence of legal problems ......................................................................................................... 20 Seeking and receiving legal information and advice ................................................................ 31 Strategies for responding to justice needs ................................................................................ 40 Domestic violence ............................................................................................................................. 51 Dealing with land disputes.............................................................................................................. 62 Trust in justice institutions and legal empowerment ................................................................ 71 Conclusions and recommendations ................................................................................ 79 Conclusions ........................................................................................................................................ 80 Recommendations ............................................................................................................................ 84 Appendix 1: Main dynamics in access to justice in Fiji ..................................................... 98 4 JUSTICE NEEDS AND SATISFACTION IN FIJI Executive summary In order to assess access to justice in Fiji in 2018, we on their lives. This is normal behavior but also indicates interviewed 4,910 respondents from all four divisions how less serious but more common problems can go of Fiji. We spoke to randomly selected men and unnoticed. women from diverse backgrounds. HiiL’s has used the methodology behind the Justice Needs and Satisfaction Of the available institutional sources of legal advice, the study in more than 20 countries around the world. users of justice most often seek advice from police and This approach for measuring justice needs has been the Legal Aid Commission. The coverage of the legal aid accepted as a valid source of data by the international system in Fiji is quite remarkable. One in 10 people with community in the framework of measuring the justice a legal problem received some sort of advice from the gap and Sustainable Development Goal 16.3 Along Legal Aid Commission. Compared with other countries with the survey research, we spoke to more than 60 this is a remarkably high level of coverage. stakeholders from the justice sector and conducted 20 focus groups with citizens and representatives of civil Access to legal information is challenging for young, society organisations working in the justice sector. women, persons with disabilities, people with lower levels of formal education, rural population. This is Almost half of the people in Fiji – 47% – have to deal with important because the data shows that people who one or more serious legal problems every 4 years. This actively pursue legal advice and legal information are implies that every year approximately 100,000 individuals significantly more likely to explore dispute resolution encounter a problem and need access to mechanisms strategies that can bring fair resolutions to their that lead to fair resolutions. This finding corresponds problems. with a widespread perception within the formal and informal justice sector in Fiji that the demand for justice Sixty-seven percent of the Fijians who encounter a is overwhelming. legal problem take action to resolve it. In absolute terms this means that every year around 67,000 users The most common legal problems in the daily lives of of justice actively pursue dispute resolution. Another the people of Fiji are neighbourhood disputes, crimes, 33,000, however, do not undertake steps to solve land disputes, domestic violence and family problems. their problems. The most often cited reasons for such These are serious legal problems. Sixty percent of the passive behavior are related to the fact that the problem users of justice say that a legal problem affected their was simply abandoned (37%), lack of belief that the life severely or to a significant extent. The legal problems problem can be resolved in a beneficial manner (34%), that the people of Fiji encounter are not trivial and have and not knowing what to do (17%). Barriers to justice significant impact. It should be noted that problems are both cognitive and objective. Of the respondents such as domestic violence, corruption and some who experience problems and do not pursue dispute instances of crimes and family disputes are likely under- resolution many do not respond to their legal problems reported in the survey. Vulnerable groups such as young because they do not believe that anything can be done. women and LGBTI are unlikely to share about their legal In addition, people from remote communities face problems. significant challenges with access to justice. People from urban areas report fewer legal problems. People first try to resolve the problem themselves – In rural settings people encounter different types of usually through contacting the other party. If this does legal problems and, most importantly, use different not work, they proceed with engaging someone from mechanisms for dispute resolution. Access to justice in their social networks as a neutral decision maker. If this remote areas is more difficult. also fails, formal institutions are used to resolve the problem. On average the justice journeys take two steps, Two-thirds of the respondents who encountered while fifteen percent use all three steps to resolve their problems sought some sort of legal advice. On average legal problems. they receive such advice from two sources. Most often people seek legal advice from non-professionals such Less than 10% of the legal problems that Fijians as relatives and friends. People look for information and experience in their daily lives are referred to courts of advice for the problems that have most serious impact law. This means that 90% of the problems which are 5 justiciable are either directed to resolution outside Being a young woman and living in a rural area are of courtrooms or are abandoned without action. This factors of vulnerability. Relatives and friends are the two represents is a significant number of legal problems. most commonly consulted sources of information and advice. Almost one in ten victims of domestic violence Traditional justice plays an important role, particularly in sought legal advice from the Legal Aid Commission remote communities. Traditional justice in Fiji is an asset lawyers. for access to justice at community level. However, there are challenges with the delivery of traditional justice and Two-thirds of the victims of domestic violence took with the interaction with formal justice. The shuttling of action to resolve this particular legal problem. Going to problems between the two systems leaves an impression the police, contacting the other party, involving a relative of arbitrariness. Particularly problematic is the situation or going to Magistrates’ courts
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