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Improving Fijian Women's Access to Justice

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Improving Fijian Women's Access to Justice BALANCING THE SCALES: IMPROVING FIJIAN WOMEN’S ACCESS TO JUSTICE ISBN: 978-982-9000-13-2 Published November 2017. This publication has been produced with the assistance of the European Union and UN Women Fiji Multi-Country Office. The contents of this publication are the sole responsibility of the Fiji Women’s Rights Movement and can in no way be taken to reflect the views of the supporting partners; the European Union, UN Women Fiji Multi-Country Office, or any of their affiliated organisations. © November 2017 by Fiji Women’s Rights Movement (FWRM) made available under a Creative Commons Attribution 4.0 International licence. You may share (copy and redistribute the material in any medium or format) and adapt (remix, transform, and build upon the material) this work for any purpose, even commercially with attribution. For attribution you must give appropriate credit, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. Licence conditions details: https://creativecommons.org/licenses/by/4.0/ Fiji Women’s Rights Movement (FWRM) 76 Gordan Street, PO Box 14194, Suva Fiji http://www.fwrm.org.fj Cover page photo credit: Image by kylepost photography Author credit: Cate Sumner & Leisha Lister with the FWRM Gender and Transitional Justice Team Design credit: Elle Greet & Leisha Lister 3 Balancing the Scales Improving Fijian Women’s Access to Justice Balancing the Scales: Improving Fijian Women’s Access to Justice FIJI WOMEN’S RIGHTS MOVEMENT November 2017 Photo credit: Kylepost photography 5 Balancing the Scales Improving Fijian Women’s Access to Justice Foreword from FWRM Research Team The Fiji Women’s Rights Movement (FWRM), which is a multiethnic and multicultural non-governmental organization, commissioned this research report. FWRM practices and promotes feminism, democracy, the rule of law, good governance and human rights. FWRM’s work in the area of Family Law began in 1991; it was a campaign that lasted twelve years with three different governments from 1993 to 2003. The campaign focused on the discriminating aspects of legislation, common law and legal practices when it came to women. The then proposed law suffered many setbacks either by the interruption to the rule of law or ideological opposition. The Family Law Act was finally enacted in October 2003 and came into force in 2005. A decade later in 2015, FWRM and the Fiji Judiciary launched the second edition of the Family Law Act brochures and shared findings of a Scoping Study that was commissioned by FWRM in June 2015. The Scoping Study aimed to look at barriers faced by women when accessing the formal justice system and the findings were utilized to propose the current project on “Balancing the Scales: Improving Fijian Women’s Access to Justice.” With this project through funding support by the Australian Department of Foreign Affairs and Trade, the European Union and UN Women, the FWRM Research Team conducted community consultations with women of all diversities across Fiji in 2016. The community consultations were supported by FemLink Pacific’s divisional convening network as well as FWRM’s community outreach. In continuing FWRM’s legacy on Family Law, we are delighted to work with our partners Diverse Voices and Action for Equality and Haus of Khameleon, sub- grantees of this project, to include the diverse women and build lasting sustainable movements that advocate for inclusive legislations for all women of Fiji. FWRM hopes that the findings and recommendations of this research report will lobby policy makers in improving women’s access to the formal justice system through gender- sensitive legislations and institutions that actively remove barriers and discrimination women face when dealing with issues related to violence and family law. On behalf of the FWRM Research Team Nalini Singh Executive Director FWRM Photo credit: UN Women/Kasanita Isimeli. March 2017 7 Balancing the Scales Improving Fijian Women’s Access to Justice Contents Report Contributors 8 Police 47 Map: Fiji Population Data 11 Case Study: Intimate Partner Violence 51 Fiji Quick Facts 12 Map: Civil Society Organisations 52 Medical Services Pacific 53 Case Study: Rape/ Incest of a Woman Transparency Overview 15 56 from the LGBTQI Community Annual Reports 17 Capacity to Collect and Present Sex 18 Observations of Courts and Registries 58 Disaggregated Data Cases Published on PacLII 19 Case Study: Rape 61 Abreviations 20 Executive Summary 21 Judgment Analysis 62 Family Law Cases 63 Recommendations 24 Sexual Violence Against Women 64 and Girls Case Research Methodology 32 Case Study: Child Sexual Assault 69 Case Study: Family Law Appeal - 36 Disability Survey of Women’s Experience of the 70 Formal Justice System Data Analysis - Family Law And Violence 37 Against Women And Children Cases Survey of Legal Practitioners in Fiji 75 Map: Court Locations in Fiji 38 Courts 39 Map: Office of Director of Public End Notes 78 42 Prosecutions and Legal Aid Commission Legal Aid Commission 43 References 80 Director of Public Prosecutions 45 Map: Fiji Police Locations 46 8 Balancing the Scales Improving Fijian Women’s Access to Justice Report Contributors FWRM Access to Justice Research Team Nalini Singh (Executive Director) Menka Goundan (GTJ Team Leader) Monica Waqanisau (Research Officer) Artika Singh (Research Officer) Alanieta Velulu (Human Rights Trainer) Kris Prasad (Human Rights Trainer) Report Authors: Cate Sumner and Leisha Lister and the FWRM Research Team Research Advisers: Cate Sumner and Leisha Lister, Law & Development Partners Research Peer Reviewers: Shamima Ali Imrana Jalal Leaine Robinson Devanesh Sharma Fiji Women’s Crisis Centre 9 Balancing the Scales Improving Fijian Women’s Access to Justice The completion of this report was assisted by data and information provided by the following Fiji formal justice sector agencies, civil society and disabled persons organisations. The Research Team would like to thank everyone who has supported this research project by providing information and data. Fiji Judiciary The Honourable Anthony Gates, Chief Justice Office of the Director of Christopher Pryde, Director of Public Prosecutions Public Prosecutions Fiji Police Force Brigadier General Sitiveni Qiliho, Commissioner of Police Legal Aid Commission Mr. Shahin R Ali- Acting Director Legal Aid Commission Ministry of Women, Hon. Mereseini Vuniwaqa - Minister for Women, Children, Children, Poverty Poverty Alleviation Alleviation Medical Services Pacific Jennifer Poole, Executive Director Other Organisations Australian High Commission Delegation of the European Union for the Pacific Diverse Voices in Action for Equality Empower Pacific FemLink Pacific Fiji Bureau of Statistics Fiji Disabled Peoples Federation Fiji Law Society, Fiji Women’s Crisis Centre Fiji Women Lawyers Association Haus of Khameleon International Centre for Advocates Against Discrimination Legal Practitioners Unit Pacific Women Shaping Pacific Development UNICEF UN Women Fiji Multi-Country Office UNDP Access to Justice Project 10 Balancing the Scales Improving Fijian Women’s Access to Justice Photo credit: Kylepost photography 11 Balancing the Scales Improving Fijian Women’s Access to Justice Fiji Population Data1 Population Population Total = 327,636 Women = 110,150 Total = 132,502 Girls = 49,963 Women = 40,936 Men = 113,803 Girls = 23,347 Boys = 53,720 Men = 43,103 Boys = 25,116 Labasa Western Northern Division Division Buca Mbua Savusavu Waiyevo Taveuni Nabouwalu Lomaloma Tavua Vanua Balavu Koro Population Rakiraki Lautoka Total = 39,835 Ba Levuka Women = 11,290 Girls = 7,511 Wailotua Koroyou Nadi Men = 12,814 Keiyasi Boys = 8,220 Vunidawa Naysori Gau Tuvuca Sigatoka Nasinu Navua Suva Eastern Division Central Division Moala Nayau Population Vunisea Tobou Total = 365,638 Matuka Women = 121,105 Lakeba Girls = 58,458 Men = 122,113 Boys = 63,962 Population of Fiji Total = 865,611 Women = 283,481 Girls = 139,279 Men = 291,833 Boys = 151,018 12 Balancing the Scales Improving Fijian Women’s Access to Justice Fiji Quick Facts2 LANDMASS3 POPULATION4 332 islands (of which 106 are inhabited) 64% of women in 34% CHILDREN Fiji experience 51% MALE 49% FEMALE (under 18 years) physical and/or sexual intimate partner violence in their lifetime.5 POPULATION LIVING IN RURAL AREAS HUMAN DEVELOPMENT REPORT 20156 HUMAN DEVELOPMENT INDEX DISABILITY 91 OUT OF 188 COUNTRIES Mobility Sight GENDER INEQUALITY INDEX 7.6% of the population are 91 OUT OF 188 COUNTRIES living with a disability GDP7 Speech per capita USD $6,667 Intellectual I in 3 women are employed in Fiji Hearing SOCIAL PROTECTION PROGRAMMES If a women is Poverty Benefit Social Pension Food Voucher Disability eligible Scheme8 Scheme Programme9 Allowance for the: She will be eligible to For people above A pregnant woman Will receive a $90 receive a maximum the age of 65 years living in a rural monthly allowance. allowance of $177 will receive $100 area will receive a comprising cash monthly allowance. $50 monthly food support and food voucher for 10 vouchers depending months. upon the number of household members. 13 Balancing the Scales Improving Fijian Women’s Access to Justice POVERTY LINE IN FIJI10 BASIC NEEDS POVERTY LINE ESTABLISHED $49.50 $55.12 for a woman living in for a woman living in an rural area an urban area 3 OUT OF 10 PEOPLE LIVE BELOW RISES TO 5 OUT OF 10 PEOPLE THE BASIC NEEDS OF POVERTY IN THE RURAL AREAS OF THE LINE IN FIJI NORTHERN DIVISION Incidence of poverty for rural Rural Northern
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