Report - Office of the High Commissioner on Human Rights

conditions are so harsh that it affects <strong>the</strong> person psychologically, physically, emotionally and socially.
There is also a high level <strong>of</strong> violence, which prevents women from enjoying <strong>the</strong>ir rights to peace and
human dignity.
Element – Accessibility:
She lacks access to credit. She also lacks access to justice (i.e. does not have information or resources
to use <strong>the</strong> land laws, NLTA, family laws, customary laws for children born to indigenous Fijian fa<strong>the</strong>rs).
Family law is critical for obtaining equal shares in matrimonial property.
Element – Participation and self-expression:
An ethnic woman’s access to property is totally dependent on her relationship to her fa<strong>the</strong>r, bro<strong>the</strong>r,
or children and whatever entitlements <strong>the</strong>y have. Therefore, her right to participation and self-expression
is paramount for her independence.
Sources –
- Constitution - Section 38 (equality on <strong>the</strong> basis <strong>of</strong> sex and gender), Section 42(1) (public law
basis <strong>of</strong> interpretation);
- Family Law Act 2003 – if a woman has been contributing to property non-financially, it should
be recognized for <strong>the</strong> property settlement; can claim maintenance if child is over 18 years old;
- Social Justice Act;
- CRC (Article 16 (1), 27 (3)), CERD (Article 5 (e) (iii)) CEDAW (Article 16(1) (h)), ICESCR
(Article 11), UDHR (Article 25 (1)), CAT (Article 16(1)), ICCPR (Article 9(1);
- Habitat II Conference (1996, Istanbul), Beijing Platform for Action, Vienna Declaration, SRAH.
Over-riding principles – Gender equality, rule <strong>of</strong> law, and self-determination.
Guarantee – Constitution, Family Law Act and ratified international conventions (CRC, CERD, CEDAW,
CAT), Beijing Platform for Action. CEDAW ratified in 1995 and NGOs have submitted <strong>the</strong> first parallel
report for CEDAW.
Causes/Threats – Colonial history, left ethnic women <strong>the</strong> most vulnerable. No adequate laws for
guaranteeing women’s right to adequate housing and land at <strong>the</strong> national level. No affirmative policies
for single women who are without collateral to access loans/credit. Lack <strong>of</strong> redress for children born
to indigenous fa<strong>the</strong>rs, where indigenous fa<strong>the</strong>r is unwilling to register <strong>the</strong>m under customary law. Laws
are biased against women (e.g. do not take into consideration women’s role and contributions) and
poorly enforced. The bias in <strong>the</strong> laws is reinforced by patriarchal biases and gender stereotypes within
<strong>the</strong> cultures (patrilineal) and religions (male dominated).
Victimisation – Women, ethnic women and <strong>the</strong>ir children.
Violators – Men, State, banks, customary forums, religious institutions, law making bodies – where do
ethnic women fit into <strong>the</strong>se institutions and structures.
Duty holders – State, colonial rulers, and service providers.
EXECUTIVE SUMMARY 181