Report - Office of the High Commissioner on Human Rights

e.g. when mo<strong>the</strong>rs give birth <strong>the</strong>y cannot go fishing until <strong>the</strong> child is 1 years old – but this was changed
because it was not practiced); customary law (even though it is inconsistent with <strong>the</strong> constitution; also
if it suits us, we can change custom, it is not something like in <strong>the</strong> Bible that we have to be in line
with <strong>the</strong> word <strong>of</strong> God).
Over-riding principles – Gender discrimination, self-determination, equal and fair treatment.
Guarantees – CERD, CEDAW, Constitution, Fijian Affairs Act.
Impacts/Consequences –
- Material – financial, property, labour, investment, livelihood;
- Non-material – violence, trauma, loss <strong>of</strong> status, insecurity, stress, stigmatised, loss <strong>of</strong> personal
freedom.
Legal obstacles – There is a gap in <strong>the</strong> Native Land Trust Act, because it does not clearly state that women
should be included in decision-making regarding land issues. We also have a Fijian Affairs Act which
looks at <strong>the</strong> interests <strong>of</strong> Indigenous Fijians and sets up <strong>the</strong> body that looks after our native land. Under
this system, if it is clan land, it is communally owned, but women can apply for a lease. If someone
wants to develop <strong>the</strong> land for agricultural purposes, <strong>the</strong>y have to apply for a lease within <strong>the</strong>ir clan,
and <strong>the</strong> money goes to <strong>the</strong> Native Trust Board, who gives <strong>the</strong> land leases in return. But recently people
have found that <strong>the</strong> Board is not giving leases for <strong>the</strong> full amount paid. People are not happy about
this, as <strong>the</strong>y are already leasing <strong>the</strong> land <strong>the</strong>y already entitled to under this system. One <strong>of</strong> <strong>the</strong> common
problems Indigenous women face is that even where <strong>the</strong>y know <strong>the</strong>ir rights, <strong>the</strong>y are not able to get
<strong>the</strong>m in reality.
Cultural obstacles – Women are not encouraged to speak about land issues. It takes a strong and vocal
woman to speak <strong>of</strong> such issues.
Causes and threats – Bad laws; absence <strong>of</strong> laws; culture and religion (Christian in words but not in deeds).
Victimisation – Me, my family, some <strong>of</strong> my cousins and my fa<strong>the</strong>r’s eldest bro<strong>the</strong>r’s children.
Duty holder – State (Fijian Affairs Department, Provincial <strong>Office</strong>), Chief, relatives, <strong>the</strong> Church.
Action/Intervention –
– Amendment and implementation <strong>of</strong> <strong>the</strong> Fijian Affairs Act;
– Amend Native Land Trust Act;
– Create awareness <strong>of</strong> legal literacy and human rights to counter customary law;
– Continue RRRT training progamme on legal literacy and human rights (best practice).
178 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND