A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

CEDAW Country Ratification Report: Pacific Region
Despite Kiribati not having ratified the Convention, lawyers have attempted to use
CEDAW in the High Court in Kiribati [The Republic <strong>of</strong> Kiribati v Tieta Timiti
and Rabaere Robuti HCCrC43/97, 1998]. Although the Court did not discuss the
application <strong>of</strong> CEDAW it did not however rule out its relevance.
Whilst international conventions are rarely to be the sole reason for a judicial
decision, they have <strong>of</strong>ten been cited in support <strong>of</strong> the ratio decidendi. In the Pacific
region most cases citing international conventions are landmark decisions and have
far reaching effects in the courts.
CEDAW’s impact is also evident in legislative developments. The draft Sexual
Offences Bill in Fiji, for example, incorporates the principles <strong>of</strong> CEDAW. The
Bill aims to remove all legislative, interpretive and procedural discrimination
against women and children in laws and practices in rape and other sexual assault
crimes. These practices include the discriminatory corroboration warning and the
admissibility as evidence <strong>of</strong> past sexual experience <strong>of</strong> the rape survivor.
The upward trend in the application <strong>of</strong> international human rights instruments
in Pacific courts and legislative changes can be attributed to a range <strong>of</strong> factors.
These include increasing globalisation, a greater commitment to constitutional
equality, greater gender awareness and increased education and awareness programs
undertaken by judicial <strong>of</strong>ficers including judges, magistrates, lawyers and legal rights
training <strong>of</strong>ficers. Projects have been run by the Pacific Regional Human Rights
Education Resource Team [“RRRT”] and funded by the United Kingdom Department
for International Development [“UK DFID Pacific”]. One <strong>of</strong> the RRRT’s major
projects is the training <strong>of</strong> judicial personnel and support staff, police, government
law <strong>of</strong>ficers and legal practitioners in human rights and gender equality in order to
increase the possibility <strong>of</strong> the application <strong>of</strong> human rights norms in the courts.
Further, with increasing pressure from the international community and human rights
groups, Pacific Island nations will continue to feel the obligation to implement
international human rights conventions into domestic legislation as well as applying
them in the courts.
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