ANNEXES TO THE COMBINED SECOND, THIRD AND FOURTH PERIODIC REPORT OF FIJI (CEDAW/C/FJI/2-4) REPUBLIC OF THE FIJI ISLANDS STATE CEDAW 2ND, 3RD & 4TH PERIODIC REPORT NOVEMBER 2008 Annexes ANNEX 1 CONCLUDING COMMENTS CEDAW RECOMMENDATION AND STATUS OF IMPLEMENTATION in FIJI Concerns Recommendation Response 1.Constitution of 1997 does Proposed constitution In fact the Constitution covers not contain the definition of reform should address the ALL FORMS of Discrimination discrimination against women need to incorporate the in section 38(2). The definition of definition of discrimination discrimination is contained in the Human Rights Commission Act at section 17 (1) and (2). 2. Absence of effective The government to include The Human Rights Commission mechanisms to challenge a clear procedure for the Act 10/99 is Fiji’s EEO law- see discriminatory practices and enforcement of section 17 for application to the enforce the right to gender fundamental rights and private sphere and employment. equality guaranteed by the enact an EEO law to cover FHRC also handles complaints constitution in respect of the the actions of non-state by women on a range of issues. actions of public officials and actors. (Reports Attached as Annex 2). non-state actors. 3.CEDAW is not specified in Expansions of the FHRC’s NOT TRUE. FHRC has a broad, and the mandate of the Fiji Human mandate to include not specific, mandate and therefore Rights Commission and that its CEDAW and that the deals with all discrimination including not assured funds to continue commission is provided gender. In response to the Concluding its work with adequate resources Comments of the UN CEDAW from State funds. Committee of Experts, the Human Rights Commission stated that there is no need to expand FHRC’s mandate, because CEDAW’s commitment is already in Section 42 (2) (a) of the Constitution – reference to “all international conventions and instruments”. But the FHRC needs more resources to implement this mandate fully.1 The responsibility for the protection and promotion of human rights lies initially with the State and all public officials. The Human Rights Commission acts as a monitor to ensure that the rights are respected in Fiji. 4.Social Justice Act and “Blue Recommends the SJA and FHRC recommended review of Social Print” do not integrate a gender the “Blue Print” be Justice programmes and removal of perspective. evaluated for their impact Blueprint on the ground that it on both ethnicity and discriminated against people and gender to ensure respect breached section 38 (2) of the for gender equality and Constitution. The then SDL human rights in Fiji’s Government had planned a 1 Shameem (2008) – p 2 - 2 - multicultural and plural comprehensive review of the society. programme which would also address issues raised in the FHRC report. A Introduction of an effective cabinet Subcommittee on Equal monitoring mechanism to Opportunities and Human Rights was ensure that these programs established to oversee the review conform with the process. However, the Interim fundamental rights Government has discontinued the Blue guaranteed by the Print programmes and Affirmative Constitution and Action for Fijians and Rotumans CEDAW’s concept of citing it as racial. temporary measures and contributes to the elimination of discrimination against all Fijian women. 5. Women’s political Introduction of temporary There has been no Temporary Special participation and access to measures in accordance of Measure during the reporting period. decision making positions Article 4.1 of the remain limited. Convention to increase the representation of women in the political participation and the decision- making positions at all levels 6.Notes the active participation Participation of women Women NGOs are some of the well of women CSOs CSO in the advisory organised groups and are strong councils be strengthened advocates for issues such as human and that the other various rights, elimination of gender based government machineries violence, poverty reduction etc. NGOs should work with them in a namely, RRRT, FWRM, FWCC, coordinated manner in NCW & SSV are members of the implementing the WPA taskforces. In addition they Women’s Plan of Action- conduct training and CEDAW 1999-2008. awareness programmes throughout the nation and in the region as well. 7.Notes the heavy burden of Recommends an FHRC by Constitution has a broad women dual responsibility at accelerated and broad- mandate and cannot concentrate only work and in the family and based programme of on specific issues. This will be the job there has been an increase in human rights education and of the Ministry of Women rather than the number of family heads of gender training which the FHRC. However these institutions households includes dissemination of can work in collaboration for wider information on CEDAW and extensive outreach on gender with the view of to change sensitivity training, human right stereotypical attitudes. awareness and training. 8.Concerned that the Change laws and For the first time the term ‘household entrenched stereotypical administrative regulations chores’ was included in the 2004/2005 attitudes to women in society to recognize women as Household Income and Expenditure and the idea of an exclusive heads of households, and Survey by the Fiji Islands Bureau of male head of household the concept of shared Statistics. encourages segregation in economic and household employment and the denial of responsibilities. economic contribution of women. 9.Concerned that women do Adopt the “Employment The Employment Relations Bill was not receive equal wages for Relations Bill” and repeal passed by the House of work of equal value, denied all outdated labour laws Representatives in 2006 and was access to employment and promulgated in April, 2008. The promotion, deal with sexual policy on Sexual Harassment in the harassment in the workplace as Workplace became effective in May, well as mandatory maternity 2008 protection. 10 Concerned with working Call on the State to The promulgation of the Employment conditions of women in tax promote the adoption for a Relations Promulgation has provisions free zones Code of Ethics for for paid maternity leave and prohibits investors including those in dismissal on grounds of pregnancy. tax free zones. Refer to s 11 Notes with concerned the Requests that the State The Domestic Violence Bill is high incidence of ethnic and strengthen its initiatives to awaiting to be tabled in Parliament. gender based violence against combat gender-based women in periods of civil violence and the adoption unrest of the “Domestic Violence Law” and “Sexual Offences Law”. The adoption of the “Evidence Bill” is also proposed. 12. Concerned with the Recommends the In 2004 Government introduced the increase of poverty and introduction of targeted ‘Matua’ programme at Nabua adverse economic conditions policies and programmes to Secondary School in Suva. This which are undermining reduce poverty, prevent programme allowed interested school women’s education. This has early marriage, teenage leavers and adults who dropped out of resulted in a high incidence of pregnancies and girls school to continue their education girls as high school dropouts, dropping out of schools. within the main secondary school marrying early, teenage curriculum. cater for dropouts from pregnancies and sexual nearby low to middle housing areas exploitation of girls. Although the enrolment rate is usually high, however only a small number go on to complete the programme. The success rate is quite high, with Matua graduates now studying at the USP, of these 75% are women. For those studying at the FIT 14 out of 23 are females. This programme has provided a second chance for these school dropouts. Girls who may have dropped out of school due to pregnancy also have access to this programme. This programme is one of those which can be considered as a three pronged strategy to address poverty reduction, giving a second - 4 - chance to school teenage mothers and those dropping out of school. Based on the success rate the programme could be replicated in other secondary schools. However, the lack of resources is a major constraint. 13 Concerned of those women Priority is given to For the period 2004 – 2005 in remote islands are adversely allocating resources for Government spent $2,276,200 on the affected by maternal and infant improving health care following health projects and mortality. Also notes the services for women, programmes for rural areas and outer growing incidences of STIs including in the remote islands: Biomedical Engineering; and HIV/AIDS, cervical islands, and combating Child Health Development Family cancer and circulatory diseases sexually transmitted Health Projects; Communicable are major causes of female diseases including HIV and Disease Prevention & control; death. AIDS. Community Rehabilitation Assistance Programme; Equipment for Health Centres & Nursing Stations; Family Health Projects; Fiji Adolescent Health Programmes; Maintenance of health Centres & Nursing Stations to name a few. 14 Notes the out-migration of Encourages the State to health professionals that has introduce pro-active led to a decline in the health measures and incentives to services. attract local health professionals to the health services in Fiji. 15 Concerned with the Recommends a holistic and There are provisions for those who growing problem of integrated programme of profit from the sexual exploitation of prostitution due to economic law reform and policies women under section 166 of the Penal hardship and that a colonial and programme to Code which states: law from 1944 which penalises introduce the s166 – (1) Every male person who- the conduct of only women criminalization of actions who engage in prostitution of only those who profit (a) knowingly lives wholly or in part continues to be enforced. from the sexual of the earnings of prostitution; or exploitation of women. (b) in any public place persistently solicits or importunes for immoral purposes,is guilty of a misdemeanour.