Cedaw/C/Vut/4-5
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Kiribati Confronts Its Violence Shock Over Killings of Five Women As Government Pushes Family Peace Bill Through Assembly
ISSN 2309-0510 Beneath Paradise VOLUME 2 | ISSUE 2 | JULY 2014 THE MAGAZINE OF THE PACIFIC WOMEN’S NETWORK AGAINST VIOLENCE AGAINST WOMEN Kiribati confronts its violence Shock over killings of five women as Government pushes Family Peace Bill through assembly July 2014 Beneath Paradise 1 Beneath Paradise International Events EDITORIAL on Fiji’s legal developments in relation to advancing women’s rights and give an account of the realities faced by women in Fiji and the Pacific,” Waqanisau said. The training The reality of VAW in Kiribati schedule ended with a solidarity event organised by APWLD in partnership with a women’s elcome to another issue of the organisation of garment workers in Cambodia. Pacific Women’s Network Against The solidarity event was organised to call on WViolence Against Women’s regional the government of Cambodia to release several magazine, Beneath Paradise. A lot has garment workers who had been assaulted happened since our last publication and and imprisoned for protesting against the low I commend our partners for the ongoing minimum wage received by garment workers in struggle against all forms of violence Shamima Ali with Ivy Josaiah APWLD colleague Cambodia, most of whom are women. against women and girls. and feminist in Malaysia. Shamima Ali The focus in this edition is the FIJI/TONGA situation of violence against women in REGION FWCC staff attend feminist forum Two staff of the Fiji Women’s Crisis Centre, Kiribati. Violence against women is rife in the Pacific Ali speaks at ADB travelled to Chiang Mai, Thailand for the 2nd and Kiribati is no exception. -
Traditional Leadership in the Constitution of the Marshall Islands
TRADITIONAL LEADERSHIP IN THE CONSTITUTION OF THE MARSHALL ISLANDS by C. J. LYNCH Working Papers Series Pacific Islands Studies Center for Asian and Pacific Studies in collaboration with the Social Science Research Institute University of Hawaii at Manoa Honolulu, Hawaii Joe Lynch is a consultant on legislation and constitutional drafting whose long experience in the Pacific encompasses island areas in Micronesia, Melanesia, and Polynesia. Robert C. Kiste, Director Pacific Islands Studies Program Center for Asian and Pacific Studies University of Hawaii at Manoa Honolulu, Hawaii 96822 TRADITIONAL LEADERSHIP IN THE CONSTITUTION OF THE MARSHALL ISLANDS (With Comparative Notes) C. J. Lynch 1984 TABLE OF CONTENTS Preface v Introductory 1 Part I. THE COUNCIL OF IROIJ l. The precursors 3 2. Functions of the Council 4 (a) General 4 (b) Relations with the Nitijela 6 ( c) The Council in action 9 3. Composition of the Council 10 4. Procedures of the Council 13 5. Miscellaneous matters 14 6. Comparisons 16 (a) Palau 16 (b) The Federated States of Micronesia 17 (c) Yap 18 (d) Vanuatu 21 (e) Western Samoa 22 (f) The Cook Islands 22 (g) Comment 24 Part II. THE TRADITIONAL RIGHTS COURT 7. The Traditional Rights Court and the judicial system 27 ADDENDUM: Two problems of interpretation 8. Comparisons and comment 34 Part III. CONCLUSION 9. General comments 35 10. Is a traditional input desirable? 37 APPENDIX 42 NOTES 43 iii PREFACE It hardly needs to be said that this paper is written by a lawyer and from a lawyer's point of view. This fact, however , necessarily means that it is selective, firstly in the aspects of its subject that are considered and secondly in the detail (especially on non-legal aspects) into which it goes. -
WOMEN and BUSINESS in the PACIFIC Anyone Seeking to Support Pacifi C Women and Contribute to Entrepreneurship, Business Development, and Private Sector Growth
Women and Business in the Pacifi c This book provides a current and comprehensive analysis of the context in which Pacifi c women engage in the private sector, as well as a detailed list of strategies to increase their participation in business. Drawing on research and data from seven Pacifi c countries, it o ers a diversity of innovative and pragmatic ways to empower women and enhance their economic opportunities. Jointly undertaken by the Asian Development Bank’s Pacifi c Private Sector Development Initiative and the Government of Australia, this study is valuable for WOMEN AND BUSINESS IN THE PACIFIC WOMEN anyone seeking to support Pacifi c women and contribute to entrepreneurship, business development, and private sector growth. About the Asian Development Bank ADB is committed to achieving a prosperous, inclusive, resilient, and sustainable Asia and the Pacifi c, while sustaining its e orts to eradicate extreme poverty. Established in , it is owned by members— from the region. Its main instruments for helping its developing member countries are policy dialogue, loans, equity investments, guarantees, grants, and technical assistance. WOMEN AND About the Pacifi c Private Sector Development Initiative PSDI is a technical assistance program undertaken in partnership with the Government BUSINESS of Australia, the Government of New Zealand, and the Asian Development Bank. PSDI supports ADB’s Pacifi c developing member countries to improve the enabling environment for business and to support inclusive, private sector-led economic growth. The support of the Australian and New Zealand governments and ADB IN THE PACIFIC has enabled PSDI to operate in the region for years and assist with more than reforms. -
Study on Acquisition and Loss of Citizenship
COMPARATIVE REPORT 2020/01 COMPARATIVE FEBRUARY REGIONAL 2020 REPORT ON CITIZENSHIP LAW: OCEANIA AUTHORED BY ANNA DZIEDZIC © Anna Dziedzic, 2020 This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the year and the publisher. Requests should be addressed to [email protected]. Views expressed in this publication reflect the opinion of individual authors and not those of the European University Institute. Global Citizenship Observatory (GLOBALCIT) Robert Schuman Centre for Advanced Studies in collaboration with Edinburgh University Law School Comparative Regional Report on Citizenship Law: Oceania RSCAS/GLOBALCIT-Comp 2020/1 February 2020 Anna Dziedzic, 2020 Printed in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) www.eui.eu/RSCAS/Publications/ cadmus.eui.eu Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies, created in 1992 and currently directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe’s place in 21st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe’s neighbourhood and the wider world. -
52031-001: Port Vila Integrated Urban Improvements Project
Resettlement Plan Project No.: 52031-001 Status: Final Draft Date: October 2020 VAN: Greater Port Vila Urban Resilience Project Prepared by the Ministry of Internal Affairs for the Asian Development Bank. This Resettlement Plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area. ABBREVIATIONS ADB - Asian Development Bank CBD - central business district CCP - Communications and consultation plan (for the Project) CEMP - Construction environmental management plan (of the contractor) CSS - country safeguards system DEPC - Department of Environmental Protection and Conservation DLA - Department of Local Authorities (within MoIA) DSC - Design and supervision consultant ECPA - Environmental Protection and Conservation Act EIA - environmental impact assessment EIS - environmental impact statement EMP - environmental management plan EPCA - Environment Protection and Conservation Act 2010 GPV - Greater Port Vila GPVURP Greater Port Vila Urban Resilience Project GRM - grievance redress mechanism IEE - initial environmental examination MCC - Ministry of Climate -
Rapid Gender Analysis Cyclone Pam Vanuatu
Photo Tom Perry, CARE Australia Rapid Gender Analysis Cyclone Pam Vanuatu 7 April 2015 Cyclone Pam In the aftermath of Cyclone Pam, Vanuatu has declared a State of Emergency across all six provinces. Shelter, food, health and water, sanitation and hygiene (WASH) are key needs. The United Nations estimates that the majority of Vanuatu’s population, spread over 22 islands, has been affected by Tropical Cyclone Pam. Understanding the impact of Cyclone Pam on women, men, boys and girls is crucial to deliver an effective response. CARE’s Rapid Gender Analysis of Cyclone Pam in Vanuatu analyses the different needs, capacities, and coping strategies of women, men, boys and girls. CARE’s Rapid Gender Analysis is built-up progressively; using a range of primary and secondary information to understand how gender roles and relations may change during a crisis. CARE’s Rapid Gender Analysis of Cyclone Pam, including its recommendations, will be revised as more information becomes available. Gender Relations: Secondary Data Review Like other Melanesian and Pacific countries, gender disparities in Vanuatu are significant. Vanuatu is a geographically spread out, linguistically and ethnically diverse archipelago with small population centres in isolated areas, which means reaching and providing services to all communities is costly and logistically challenging. 80% of ni-Vanuatu live in rural areas and 70% of the working population aged 15 years and over work in subsistence agriculture. Vanuatu can be characterized as a patriarchal society (although there are some matrilineal societies in some northern and central islands) in which women continue to face, at times severe inequalities, in all spheres of life: social, cultural, economic and political. -
A Human Rights-Based Approach to Women's Land Rights in Tonga
A Human Rights-Based Approach to Women’s Land Rights in Tonga Sela Teukisiafo‘ou Moa A thesis in fulfilment of the requirements for the degree of Doctor of Philosophy University of New South Wales Faculty of Law April 2017 PLEASE TYPE Tl-IE UNIVERSITYOF NEW SOUTH WALES Thesis/Dissertation Sheet Surname or Family name· Moa First nflnle Sela Other narnc>Js Teuklsiafo'ou Abbrev1ahon for degree as given 1n lhe U111vers1ty calendar PhD School. Faculty of Law Faculty. Faculty of Law Title- A human nghls-based approach lo women's land rights ,n Tonga ABSTRACT Tonga is one of the many countries in the world where women have fewer ]and rights than men. This thesis proposes a response to the problem of unequal land rights for women in Tonga. Discriminatory laws that prevent women from owning land, supp01ted by cultural attitudes, operate to limit women's capacity to participate fi.1lly iu social, political and economic life. In formulatiug solutions the thesis utilises feminist legal <1pproaclles to equality and non-discrimination, feminist interventions in the debate between uuivers<11ism m1d culturnl refativism in h11111<111 rights discourse, and the hnman rights framework itself. This thesis makes an original contribution to knowledge by providing a feminist legal analysis of the basic principles of fand law in Tonga. The analysis of land law demonstrates that women in Tonga are discriminated against not just on the basis of their gender, but also on the basis of their class. It also illustrates that discrimination against women in land law breaches not only women's iimdamental right to equa1ity and non-discrimination., but also their social and economic rights. -
Passage of Change
PASSAGE OF CHANGE PASSAGE OF CHANGE LAW, SOCIETY AND GOVERNANCE IN THE PACIFIC edited by Anita Jowitt and Dr Tess Newton Cain Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/passage_change _citation.html National Library of Australia Cataloguing-in-Publication Entry Title: Passage of change : law, society and governance in the Pacific / edited by Anita Jowitt and Tess Newton Cain. ISBN: 9781921666889 (pbk.) 9781921666896 (eBook) Notes: Includes bibliographical references. Subjects: Jurisprudence--Pacific Area. Customary law--Pacific Area. Pacific Area--Politics and government. Pacific Area--Social conditions. Other Authors/Contributors: Jowitt, Anita. Cain, Tess Newton. Dewey Number: 340.5295 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Emily Brissenden Printed by Griffin Press This edition © 2010 ANU E Press First edition © 2003 Pandanus Books CONTENTS Acknowledgments vii Table of Abbreviations viii Table of Cases x Table of International Conventions xiii Table of Legislation xiv Notes on Contributors xvii INTRODUCTION Anita Jowitt and Tess Newton-Cain 1 SECTION 1: THE CONTEXT OF CHANGE 1. Modernisation and Development in the South Pacific Vijay Naidu 7 SECTION 2: CORRUPTION 2. Corruption Robert Hughes 35 3. Governance, Legitimacy and the Rule of Law in the South Pacific Graham Hassall 51 4. The Vanuatu Ombudsman Edward R. Hill 71 SECTION 3: CUSTOMARY LAW 5. -
The Social Impacts of Seasonal Migration Lessons from Australia’S Seasonal Worker Programme for Pacific Islanders Public Disclosure Authorized
Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized The Social Impacts of Seasonal Migration Lessons from Australia’s Seasonal Worker Programme for Pacific Islanders Public Disclosure Authorized The Social Impacts of Seasonal Migration: Lessons from Australia’s Seasonal Worker Programme for Pacific Islanders Abstract The Seasonal Worker Programme (SWP) is a temporary migration scheme between Aus- tralia and selected Pacific Island Countries. It was introduced in 2012 and covers the ag- riculture, accommodation and tourism sectors. Extensive efforts have been made to eval- uate the economic impacts of the scheme, but there is a lack of evidence on the social impacts emanating from the extended absences of key family members. Moreover, of the 17,320 workers who have participated in the programme since its inception, only 13.7 per- cent have been women. There are gaps in understanding around the gendered impact of the programme and the constraints that prevent women from accessing the SWP. Based on a focus on the two largest participating countries in the scheme, Tonga and Vanuatu, this paper aims to: (i) assess both positive and negative social impacts of seasonal migra- tion and explore how negative consequences can be mitigated; and (ii) examine the experi- ence of women in the programme, explore the barriers to access and put forward a set of recommendations to increase the female participation rate. i © 2017 International Bank for Reconstruction and Development/The World Bank 1818 H Street NW, Washington, DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved This work is a product of Consultants working for and the staff at The World Bank. -
Beyond Case Law: Kastom and Courts in Vanuatu
427 BEYOND CASE LAW: KASTOM AND COURTS IN VANUATU Miranda Forsyth* This article considers the relationship between customary law (kastom) and the official legal system in Vanuatu. It looks at the limitations of the reasons propounded for the lack of integration of customary law and the official legal system and argues that the integration should be a two-way process. The author asserts that a new methodological approach is required to assess the issue regarding the current extent of integration, desirability of integration and capacity for integration of the two systems. Rather than merely analysing case law or legislation, the author argues that the reality behind this picture needs to be investigated and empirical research undertaken. Cet article analyse les rapports entre le droit coutumier (kastom) et le droit positif en vigueur au Vanuatu. Les différentes raisons qui empêchent la prise en compte du droit coutumier dans le droit positif, sont ainsi successivement envisagées. Au motif que la perméabilité d’un système à l’autre n’est viable que s’il est réciproque, l’auteur considère qu’un tel objectif ne pourra être atteint que si l’on opte pour une méthodologie différente. Devront alors être pris en compte non seulement l’opportunité d’une intégration systématique d’une règle d’un système à l’autre, mais aussi la capacité réelle d’intégration de ces deux systèmes. En fait, les ébauches de solutions ne se trouvent sans doute pas uniquement dans la simple analyse des lois ou des décisions de justice mais aussi dans la réalité sociologique. The development of a Melanesian jurisprudence has been the Holy Grail for many academics, politicians and judges in Melanesia since the independence of the States in the region. -
Gender Violence & Human Rights: Seeking Justice in Fiji, Papua New
Gender Violence & HUMAN RIGHTS SEEKING JUSTICE IN FIJI, PAPUA NEW GUINEA & VANUATU Gender Violence & HUMAN RIGHTS SEEKING JUSTICE IN FIJI, PAPUA NEW GUINEA & VANUATU Edited by Aletta Biersack, Margaret Jolly & Martha Macintyre Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at press.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Gender violence and human rights : seeking justice in Fiji, Papua New Guinea and Vanuatu / editors : Aletta Biersack, Margaret Jolly, Martha Macintyre. ISBN: 9781760460709 (paperback) 9781760460716 (ebook) Subjects: Sex discrimination against women--Fiji. Sex discrimination against women--Papua New Guinea. Sex discrimination against women--Vanuatu. Women’s rights--Fiji. Women’s rights--Papua New Guinea. Women’s rights--Vanuatu. Other Creators/Contributors: Biersack, Aletta, editor. Jolly, Margaret 1949- editor. Macintyre, Martha, editor. Dewey Number: 305.420995 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU Press. The editors thank Mitiana Arbon for his help with the cover and Martha Macintyre for use of her photograph ‘Woman in Kavieng market, wearing a T-shirt promoting human rights, Papua New Guinea’, for the cover. This edition © 2016 ANU Press Contents List of Maps and Figures . vii Acknowledgements . ix Abbreviations and Acronyms . xi Introduction: Gender Violence and Human Rights in the Western Pacific . 1 Aletta Biersack and Martha Macintyre 1 . Villages, Violence and Atonement in Fiji . -
Gender Violence & HUMAN RIGHTS SEEKING JUSTICE in FIJI, PAPUA NEW GUINEA & VANUATU
Gender Violence & HUMAN RIGHTS SEEKING JUSTICE IN FIJI, PAPUA NEW GUINEA & VANUATU Gender Violence & HUMAN RIGHTS SEEKING JUSTICE IN FIJI, PAPUA NEW GUINEA & VANUATU Edited by Aletta Biersack, Margaret Jolly & Martha Macintyre Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at press.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Gender violence and human rights : seeking justice in Fiji, Papua New Guinea and Vanuatu / editors : Aletta Biersack, Margaret Jolly, Martha Macintyre. ISBN: 9781760460709 (paperback) 9781760460716 (ebook) Subjects: Sex discrimination against women--Fiji. Sex discrimination against women--Papua New Guinea. Sex discrimination against women--Vanuatu. Women’s rights--Fiji. Women’s rights--Papua New Guinea. Women’s rights--Vanuatu. Other Creators/Contributors: Biersack, Aletta, editor. Jolly, Margaret 1949- editor. Macintyre, Martha, editor. Dewey Number: 305.420995 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU Press. The editors thank Mitiana Arbon for his help with the cover and Martha Macintyre for use of her photograph ‘Woman in Kavieng market, wearing a T-shirt promoting human rights, Papua New Guinea’, for the cover. This edition © 2016 ANU Press Contents List of Maps and Figures . vii Acknowledgements . ix Abbreviations and Acronyms . xi Introduction: Gender Violence and Human Rights in the Western Pacific . 1 Aletta Biersack and Martha Macintyre 1 . Villages, Violence and Atonement in Fiji .