1. The Committee
considered the initial report of the Republic of the Fiji Islands
(CEDAW/C/FJI/1) at its 530th and 531st meetings, on 17 January
2002, and its 538th meeting on 22 January 2002.
I. Introduction
by the State party
2. In introducing
the report, the representative of Fiji stated that her country
believed in the spirit and the goals of the Convention on the
Elimination of All Forms of Discrimination against Women, was
committed to human rights and took its obligation to implement
the Convention seriously. Fiji was proud to be the first Pacific
Island State to report to the Committee, and before submitting
the initial report in early 2000, had withdrawn its reservation
to article 5 (a) of the Convention.
3. The representative
said that the report had been a collaborative effort of all governmental
sectors, in partnership with civil society and non -governmental
organizations, and that Fiji had shared its experiences in the
preparation of its initial report at the workshop conducted by
the Division for the Advancement of Women in New Zealand in 2001.
4. The representative
informed the Committee that the isolation of Fiji and her Pacific
Island neighbours from the rest of the world made the country
susceptible to global economic forces and, consequently, spor
adic political upheavals, and the country's goals and priorities
were affected by social, economic and environmental vulnerabilities.
Fiji relied on a small export base dealing in an open market in
international trade and a sluggish economy had led to majo r job
losses, outward migration, a lowering of the living standard,
increased poverty and crime. She pointed out that over half of
the predominantly highly skilled and qualified professionals who
had migrated from Fiji in recent years had been women.
5. An attempted
civilian coup d'état on 19 May 2000 had disrupted parliamentary
rule by the democratically elected Government. General elections
had since been conducted, restoring constitutional democracy and
political stability. A total of 26 of the 353 cand idates were
women and 5 were successful. Currently, two women are cabinet
ministers, two are assistant ministers, and one is a member of
the Opposition. There are three women in the 32-member Senate.
6. Poverty
continued to be a growing concern, with a 19 96 study revealing
that 25.5 per cent of households lived below the poverty line.
Single -headed households accounted for 20 per cent of the poor,
with one in seven being female -headed. Means to address that
included the reconstituting of the Ministry for Women for parity
with the Department of Social Welfare and the Department of Poverty
Alleviation, thereby recognizing the linkage between gender and
poverty which had been flagged in the 2000 Millennium Declaration.
Fiji had recognized that the alleviation of poverty would advance
women's rights and bring the country closer to its goal of social
equity. Thus, the 2002 government budget allocation for poverty
alleviation and rural development had increased by $56 million.
7. Gender
mainstreaming approaches were being pursued especially in the
implementation of the Women Plan of Action of the Government of
Fiji. Some efforts by civil society and non -governmental organizations
to provide programmes, advocate and lobby for women's strategic
and practical needs we re government - subsidized, and complemented
the Government's efforts in the areas of violence against women,
women in politics, women in media, peace -building and legal reforms.
Part of the commitment of her Government to provide programmes
for disadvantaged groups or categories of persons to achieve equality
included economic support to promote a more equitable development
for indigenous Fijians and Rotumans. A Social Justice Act was
passed in December 2001, implementing chapter 5 of the 1997 Constitution,
which required Parliament to make provision for a framework for
decisions on policy and legislation for affirmative action.
8. The preceding
two years of political crisis had made national security the Government's
top priority. However, progress had been made on a number of issues,
including a review of the penal code on sexual offences. Legislation
on offences against children had been amended to address an increase
in paedophilia. Women in Fiji had followed the commercial law
reform with interest, especially with regard to intellectual property
rights, as the protection of indigenous and cultural knowledge
and property rights was of concern.
9. The representative
informed the Committee of the implementation of her Government's
commitment at the Fourth World Conference on Women in Beijing
to campaign against violence against women. Programmes and training
workshops had been supported by the Government, and financial
support had been provided for civil society organizations offering
support and shelter to victims. The Ministry of Women has formed
a task force on violence against women which has worked closely
with women's organizations and civil society on a domestic violence
agenda for appropriate legislation or remedies. It was hoped that
results would be achieved in 2002.
10. On the
issue of access and participation of girls in education, the Fiji
Islands Education Commission/Panel (November 2000) had pointed
to an increase of 19.8 per cent in primary schools, and a 405
per cent increase in secondary schools between 1970 and 1999.
Women lagged
behind in
science and technology, however. Therefore, career choices in
those fields for most girls and young women were limited. The
reason for that was, inter alia, that schools predominantly offered
home economics and typing to girls and technical drawing, woodwork
and metal work to boys, in addition to gender stereotyping in
curriculum materials. Women's enrolment in non -traditional fields
had increased as a result of scholarships funded by donor Governments,
and similar initiatives adopted by local institutions.
11. Women's
reproductive health was well catered for, but women's mental health
was a neglected area. Sexually transmitted infections had continued
to escalate, and the Ministry of Health had set a number of priority
areas, including HIV prevention, care of and support for persons
living with HIV/AIDS and testing. The health sector had suffered,
however, from the out -migration of health professionals.
12. The representative
indicated that the work of rural women was rarely acknowledged
in national statistics and there were no figures available for
women farmers, fisherfolk or forestry workers or rural businesswomen.
Rural women's access to education and health required improvement.
The Government was emphasizing development for rural areas, and
the Ministry of Women was making all efforts to ensure equitable
development for both rural and urban women and men.
13. Gender
roles were deeply rooted in all communities in Fiji and, despite
education and changes that had occurred in traditional gender
roles, women's status was unequal to that of men. Changes were
beginning to occur among urban families, where both women and
men worked, but decision -making continued to be the realm of
men. Domestic violence affected most homes in Fiji, irrespective
of social or economic status, but that had only recently become
a public issue. The breakdown of the family unit was of major
concern, with applications for legal aid assistance in family
law matters, including divorce, maintenance and custody, having
sharply increased.
14. The representative
concluded by stating that Fiji's specific vulnerabilities underscored
the need to strengthen technical support and assistance at the
international and regional levels, as well as building effective
networks and partnerships with non-governmental organizations,
civil society and the private sector.
II. Concluding comments of the Committee
Introduction
15. The Committee
expresses its appreciation to the State party for its initial
report which, although delayed, was informative, contained data
disaggregated by sex and complied with the Committee's guidelines
for the preparation of initial reports.
16. The Committee
commends the State party on its delegation, headed by the Assistant
Minister of the Ministry for Women, Social Welfare and Poverty
Alleviation.
Positive
aspects
17. The Committee
commends the efforts made to ensure the implementation of the
Convention through a wide range of laws, policies and programmes,
with the support and active participation of women's civil society
organizations. The Committee commends the State party for preparing
its
initial report
in consultation with these organizations. It commends the launching
of the Women's Plan of Action 1999-2008, which incorporates commitments
of the Beijing Platform for Action.
18. The Committee welcomes the introduction of a specific provision
on gender equality in the Constitution of 1997, and the establishment
in Fiji of the first human rights commission in the South Pacific
region. The Committee appreciates the recognition given to public
international law in interpreting the Constitution and notes that
this has helped courts to use the Convention in judicial interpretation.
The Committee commends the State party for withdrawing its reservations
to articles 5 (a) and 9 of the Convention. It also welcomes the
extensive programme of law reforms in critical areas in conformity
with the Constitution and the Convention and commends in particular
the enactment of a citizenship law based on article 9 of the Convention.
19. The Committee
commends the State party for establishing the Ministry for Women,
Social Welfare and Poverty Alleviation, and facilitating the integration
of the central dimension of gender into social welfare and poverty
reduction. The Committee also welcomes the creation of several
institutional mechanisms, including the National Women's Advisory
Counsel to promote gender equality and implement the Women's Plan
of Action.
20. The Committee
commends the effo rts of the State party to strengthen gender
mainstreaming and monitoring through the gender budget initiative,
and a gender audit project and welcomes the initiatives taken
on human rights education and gender training.
Factors
and difficulties affecting the implementation of the Convention
21. The Committee
notes that stereotypical attitudes towards women's work and family
responsibilities impede full implementation of the Convention.
22. The Committee
recognizes that periods of political instability, ethnic tensions,
low economic growth and increasing poverty in a period of economic
transition have impacted negatively on the States party's efforts
to implement the Convention.
Principal
areas of concern and recommendations
23. The Committee
expre sses concern that the Constitution of 1997 does not contain
a definition of discrimination against women. The Committee notes
the absence of effective mechanisms to challenge discriminatory
practices and enforce the right to gender equality guaranteed
by the Constitution in respect of the actions of public officials
and non -State actors. The Committee is concerned that the Convention
is not specified in the mandate of the Human Rights Commission,
and that it is not assured funds to continue its work.
24. The Committee
recommends that proposed constitutional reform should address
the need to incorporate a definition of discrimination. The Committee
urges the Government to include a clear procedure for enforcement
of fundamental rights and enact an equal opportunities law to
cover the actions of non -State actors. The Committee also recommends
that the mandate of the Human Rights Commission be expanded to
include the Convention, and that the Commission be provided with
adequate resources from State funds.
25. The Committee
is concerned that the Social Justice Act and the "Blue Print",
which propose affirmative action for the indigenous Fijian population,
do not integrate a gender perspective.
26. The Committee
recommends that the Social Justice Act and the "Blue Print"
be evaluated for their impact on both ethnicity and gender, to
ensure respect for gender equality, and human rights in Fiji's
multicultural plural society. The Committee urges the State party
to introduce an effective monitoring mechanism to ensure that
these programmes conform with fundamental rights guaranteed by
the Constitution and the Convention's concept of temporary special
measures, and contributes to the elimination of discrimination
against all Fijian women.
27. The Committee
is concerned that, despite significant gains in education, some
equal employment opportunities policies and an accessible database
on qualified women professionals, women's political participation
and access to decision -making positions remain limited.
28. The Committee
recommends the introduction of temporary special measures in accordance
with article 4.1 of the Convention to increase the representation
of women in national and local assemblies, and in decision -making
positions at all levels.
29. The Committee
notes the active participation of women's civil society organizations,
and recommends that this rich resource should continue to be used
for sustainable development and the promotion of gender equality
in Fiji.
30. The Committee
recommends that the participation of women's civil society organizations
in the Women's Advisory Council be strengthened, and that the
various governmental machineries should work in a coordinated
manner with them in implementing the Women's Plan of Action 1999-2008.
31. The Committee
notes that women shoulder a heavy burden of dual responsibility
at work and in the family, and that there has been an increase
in the number of female heads of households. It is concerned that
entrenched stereotypical attitudes to women in society, and the
idea of an exclusively male head of household encourages segregation
in employment, and a denial of the economic contribution of women.
32. The Committee
recommends an accelerated and broad -based programme of human
rights education and gender training which includes dissemination
of information on the Convention, with a view to changing existing
stereotypical attitudes. It also recommends changes in laws and
administrative regulations to recognize women as heads of households,
and the concept of shared economic contribution and household
responsibilities.
33. The Committee
notes with concern that women do not receive equal wages for work
of equal value and are denied equal access to employment and promotion.
Furthermore, the working conditions of women, particularly in
the tax-free zones, contravene article 11 of the Convention. The
Committee also notes with concern that pregnancy leave is not
mandatory.
34. The Committee
recommends the very early adoption of the Industrial Relations
Bill and Equal Opportunity legislation and a repeal of outdated
labour laws. Legal reforms should make pregnancy leave mandatory
and deal with sexual harassment in the workplace. The Committee
calls upon the State party to promote the adoption of a code of
ethics for investors, including in the tax free zones.
35. The Committee
notes with concern the high incidence of ethnic and gender - based
violence against women in periods of civil unrest. It is concerned
that, despite the State party's positive initiatives to address
gender-based violence, there are high levels of domestic violence
and sexual abuse of girls and women. The Committee is also concerned
that the social customs on the husband's right of chastisement,
and "bulu bulu", gives social legitimacy to violence.
TheCommittee
also notes that the Evidence Bill, which introduces reforms in
procedures with respect to sexual offences has not been adopted.
36. The Committee
requests the State party to strengthen its initiatives to combat
gender-based violence and adopt the proposed laws on domestic
violence and sexual offences very early, prohibiting practices
that legalize violence against women. In particular, it calls
on the State party to reinforce its "no drop" policy
by prohibiting the reconciliation of cases of rape and sexual
assault on the basis of the "bulu bulu" custom. The
Committee recommends the early passage and entry into force of
the Evidence Bill.
37. The Committee
notes with concern that an increase in levels of poverty and adverse
economic conditions are undermining Fiji's gains in women's education.
These conditions have led to a higher incidence of girls dropping
out of school, with connected problems of early marriage, teenage
pregnancies and sexual exploitation of girls.
38. The Committee
recommends the introduction of targeted policies and programmes
to reduce poverty, prevent early marriage, teenage pregnancies
and girls dropping out of school.
39. The Committee
notes the gains achieved with regard to women's health, but is
concerned that women in remote islands are adversely affected
by maternal and infant mortality. It notes that out -migration
of health professionals has led to a decline in health services,
and that cervical cancer and circulatory diseases are a major
cause of female death. The Committee also notes with concern the
growing incidence of sexually transmitted diseases, including
HIV/AIDS.
40. The Committee
recommends that priority be given to allocating resources for
improving health care services for women, including in the remote
islands, and combating sexually transmitted diseases, including
HIV/AIDS. It encourages the State party to introduce proactive
measures and incentives to attract local health professionals
to the health services in Fiji.
41. The Committee
is concerned that there is a growing problem of prostitution due
to economic hardship, and that a colonial law from 1944 which
penalizes the conduct of only women who engage in prostitution
continues to be enforced.
42. The Committee
recommends a holistic and integrated programme of law reform,
and policies and programmes to facilitate reintegration, and the
criminalization of the actions of only those who profit from the
sexual exploitation of women.
43. The Committee
notes with concern that family laws in Fiji contain many discriminato
ry provisions, and that restrictive divorce laws encourage violence,
including suicide. It also notes with concern that the proposed
Family Law Bill has not been adopted.
44. The Committee
urges the early adoption of the Family Law Bill and calls for
the law on family relations of all communities to be brought into
conformity with the Constitution and the Convention.
45. The Committee
urges the State party to sign and ratify the Optional Protocol
to the Convention and to deposit, as soon as possible, its in
strument of acceptance of the amendment to article 20, paragraph
1, of the Convention, concerning the meeting time of the Committee.
46. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
submitted under article 18 of the Convention. It particularly
requests information on the impact of legislation, policies and
programmes.
51. The Committee
requests the wide dissemination in the Republic of the Fiji Islands
of the present concluding comments in order to make the people
of Fiji, in particular governmental administrators and politicians,
aware of the steps that have been taken to ensure de jure and
de facto equality for women and of the further steps that are
required in this regard. It requests the State party to continue
to disseminate widely, in particular to women's and human rights
organizations, the Convention and its Optional Protocol, the Committee's
general recommendations, the Beijing Declaration and Platform
for Action and the results of the twenty -third special session
of the General Assembly, entitled "Women 2000: gender equality,
development and peace in the twenty -first century".
