Report - Office of the High Commissioner on Human Rights

Element – Security <strong>of</strong> tenure and freedom <strong>of</strong> dispossession:
Throughout history ethnic women have lacked access and ownership <strong>of</strong> land and housing.
The 2002 statistics show that 87.9% <strong>of</strong> land in Fiji is native land; 3.91% is State land; 7.94% is private
freehold land; and 0.25% is Rotuma land. Access to native land (leased), ALTA, State, freehold and
crown land is limited as leases are expiring and lands are being reverted to <strong>the</strong>ir rightful owners. Ethnic
women cannot access loans and schemes to secure a lease/ownership over decent housing because
it is difficult for <strong>the</strong>m to access collateral. 35% <strong>of</strong> people in Fiji are living in poverty; two thirds <strong>of</strong> <strong>the</strong>m
are women.
The expiry <strong>of</strong> land leases shows that women’s security to land tenure is very limited. A paper by Michelle
Brouchu forecasted that a total <strong>of</strong> 13,140 farm leases will expire between 1999 -2028. The farmers will
have nowhere to go and no option but to squat.
Security <strong>of</strong> tenure <strong>of</strong> children with indigenous fa<strong>the</strong>rs also rests largely on <strong>the</strong> fa<strong>the</strong>r’s consent to register
<strong>the</strong>m in <strong>the</strong> Vola Ni Kaubula.
Element – Affordability:
She cannot afford to buy a house, State freehold land, private freehold land or a farming lease on
agricultural land. She cannot access credit schemes and loans. She has no collateral.
Element – Cultural appropriateness:
Throughout history she has experienced reinforcement <strong>of</strong> male patriarchy.
Ethnic male – Hindu community <strong>of</strong> Fiji inherits its traditions form <strong>the</strong> patriarchal, patrilineal, patrilocal
North Indian Hindu pattern. Old mores in gender relations are still entrenched (e.g. property
entitlements always go to <strong>the</strong> sons, not <strong>the</strong> daughter). She always loses her rights to her fa<strong>the</strong>r’s legacy
and estate.
British cultural, male dominance is reinforced in <strong>the</strong> laws. The family law legislation did not recognize
women’s non-economic contributions to property in assessing property settlement.
Fijian culture (patrilineal) entrenches patriarchy. A child born out <strong>of</strong> wedlock to an ethnic woman is
given less recognition by culture. The husband has <strong>the</strong> title to <strong>the</strong> land so he is in <strong>the</strong> position to decide
whe<strong>the</strong>r he wants to register <strong>the</strong> child. He has to be accountable to <strong>the</strong> Matagol. However, if <strong>the</strong> fa<strong>the</strong>r
refuses, an indigenous woman can still enlist <strong>the</strong> child on <strong>the</strong> Vola Ni Kaubula, but an ethnic woman
cannot. If <strong>the</strong> couple is not married, <strong>the</strong> fa<strong>the</strong>r will <strong>of</strong>ten not register <strong>the</strong> child, and an ethnic woman
cannot force <strong>the</strong> fa<strong>the</strong>r to register <strong>the</strong> child because <strong>the</strong> child cannot be registered without <strong>the</strong> fa<strong>the</strong>r
or family’s consent.
Stigmatisation <strong>of</strong> single women, <strong>of</strong> ethnic women, <strong>of</strong> single ethnic mo<strong>the</strong>rs with children. She is outcast
from <strong>the</strong> Indian and Fijian community. The impact falls most on <strong>the</strong> children, <strong>the</strong>ir identity and <strong>the</strong>ir
access to land.
Element – Habitability:
The average home <strong>of</strong> an ethnic, low income earner, woman today is “inadequate for herself and her
children”. It is inadequate for her children’s nourishment, movement and development. Often 2 adults
and 3 children are living in <strong>the</strong> one room. The worst cases are women living in squatter areas. The
180 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND