Report - Office of the High Commissioner on Human Rights

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access to land, ownership, or leases <strong>of</strong> land. For ethnic women, security <strong>of</strong> tenure and freedom from dispossession is one <strong>of</strong> <strong>the</strong> most critical elements <strong>of</strong> <strong>the</strong> human right to adequate housing. It is critical, because it determines <strong>the</strong> extent to which <strong>the</strong>y are able to access services, enjoy a good location or environment and access a means to livelihood. The constitution <strong>of</strong> Fiji allows for compensation in cases where land and housing have been repossessed. But compensation is calculated only according to value <strong>of</strong> <strong>the</strong> land and fails to include o<strong>the</strong>r costs such as <strong>the</strong> efforts and contributions <strong>of</strong> ethnic women towards improving <strong>the</strong> land and house. After <strong>the</strong> coup in Fiji, most land leases expired, and many ethnic people were dispossessed <strong>of</strong> <strong>the</strong>ir houses, in some cases violently. In such situations, women fleeing burnt homes with <strong>the</strong>ir children and indigenous women, are <strong>the</strong> most vulnerable to violence and assault, and need to be protected. In addition to a history <strong>of</strong> discrimination, <strong>the</strong> dispossession <strong>of</strong> many ethnic women after <strong>the</strong> coup was a result <strong>of</strong> <strong>the</strong>ir being excluded from decision-making on housing, land and inheritance issues. Ethnic women who are evicted from <strong>the</strong>ir homes do not have <strong>the</strong> same family and community support systems as indigenous Fijians, which places <strong>the</strong>m in positions <strong>of</strong> even greater vulnerability. 35% <strong>of</strong> <strong>the</strong> population in Fiji lives in poverty and two-thirds <strong>of</strong> <strong>the</strong>m are women. 18 Ethnic women form a significant proportion <strong>of</strong> this group. Many <strong>of</strong> <strong>the</strong>se women are forced to live in housing settlements that have poor living conditions, including poor water and poor sanitation. The key obstacles that ethnic women face in realising <strong>the</strong>ir right to adequate housing in <strong>the</strong> Pacific include: • Discriminatory laws and policies (for example, Tonga’s constitution has no clause prohibiting sex discrimination); • Lack <strong>of</strong> implementation <strong>of</strong> policies (for example, Tonga passed <strong>the</strong> Gender and Development Policy in 2001, but it has still not been implemented); • Conflicts in communities and villages; • Customary, traditional and cultural limitations on women’s right to own land and housing; • Denial <strong>of</strong> access to land for minority women. Recommendations to States: – Negotiate with chiefs and land owners for access to land and extension <strong>of</strong> leases (where <strong>the</strong> landowner wants to lease <strong>the</strong> land); – Develop and implement policies to specifically address <strong>the</strong> discrimination faced by ethnic women; – Provide gender and human rights training to service providers, legislators, policy-makers and those working in <strong>the</strong> Native Title Land Board; – Adopt a human rights-based non-discrimination approach to land and adequate housing. 18 These statistics were provided in Seema Shaleshni Naidu’s testimony (see Annex H). EXECUTIVE SUMMARY 35
“In <strong>the</strong> Solomon Islands <strong>the</strong>re was a case <strong>of</strong> a man with a polio-related disability who applied for a job. The o<strong>the</strong>r applicant wrote a letter to him in which he claimed that because he was disabled he could not do <strong>the</strong> job. This is totally inaccurate and fails to recognise <strong>the</strong> abilities <strong>of</strong> people with disability. Just because he has one leg doesn’t mean he has lost his brain.” (John Collins, Kiribati) 3.2.4 Discrimination against women with disabilities Negative stereotypes and discrimination against women with disabilities by <strong>the</strong> family, <strong>the</strong> community and <strong>the</strong> State, underlie many <strong>of</strong> <strong>the</strong> violations <strong>of</strong> <strong>the</strong> right to adequate housing <strong>of</strong> women with disabilities. Chapter 3 <strong>of</strong> <strong>the</strong> Constitution <strong>of</strong> <strong>the</strong> Solomon Islands prohibits discrimination on <strong>the</strong> grounds <strong>of</strong> race, sex and religion, but does not include disability. So women with disability can only claim discrimination on <strong>the</strong> ground <strong>of</strong> sex. An intersectional approach to dealing with discrimination could assist in understanding and addressing <strong>the</strong> discrimination faced by women with disabilities. The attitudes towards women with disabilities tend to be negative. Normally in <strong>the</strong> Pacific, when <strong>the</strong> State and law doesn’t take account <strong>of</strong> people, local cultural practices require <strong>the</strong> family and community to look after <strong>the</strong>m. But some families and communities are not following this with respect to women with disabilities. Even within women’s groups, disability issues are commonly dismissed as health issues. Location is a critical element <strong>of</strong> <strong>the</strong> right to adequate housing for women with disabilities. This includes a woman with a physical disability being able to access entrances into <strong>the</strong> house and within <strong>the</strong> house (e.g. wheelchair access; access to water and sanitation facilities within <strong>the</strong> home). It also includes access to transport, services, information and justice. For example, in <strong>the</strong> Cook Islands, a new courthouse was built, but in order to cut costs all ramps were removed from <strong>the</strong> design, leaving women with disability no means <strong>of</strong> entering <strong>the</strong> courthouse. “In my client’s home <strong>the</strong> stairs are not properly built and several services are missing. There is no safe access to <strong>the</strong> building. The electricity is exposed in <strong>the</strong> walls. Only one light works in <strong>the</strong> house. There is no protection from <strong>the</strong> natural elements. The windows are broken. Australia has services such as home-care, aboriginal nursing homes, meals for elders in <strong>the</strong> day and night – but none <strong>of</strong> <strong>the</strong>se are accessible to my client because <strong>the</strong> structure <strong>of</strong> her home is so unsafe, service providers will not enter. Even her children cannot visit because <strong>of</strong> <strong>the</strong> safety issues. Her house is in such a state because <strong>the</strong> construction was never completed and her housing has not been modified as she has got older to accommodate her needs. She has no money to do any renovations or pay <strong>the</strong> rates. She has a hearing disability and is now suffering diabetes, arthritis and asthma.” (Case from Kim Cutis, Newton, Australia) Many people with disabilities are unemployed or underpaid, and are unable to afford private housing and land. Many women with disabilities <strong>the</strong>refore live in public housing. In Australia, some indigenous women with disabilities are provided housing by <strong>the</strong> Indigenous Land Councils. Due to discrimination and exclusion, denial <strong>of</strong> self-expression and participation, women with disabilities may suffer from depression, or even mental illness (<strong>of</strong>ten induced by anti-depressants). 36 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND
Page 1 and 2: Proceedings of <st
Page 3 and 4: Author: Editors: Publisher: Design
Page 5 and 6: List of Acronyms a
Page 7 and 8: Preface The Fiji Consultation on wo
Page 9 and 10: fertilization of w
Page 11 and 12: 8. Annexes Annex A: List of
Page 13 and 14: • To enable participants to artic
Page 15 and 16: Recommend that donors implement gen
Page 17 and 18: To meet these obje
Page 19 and 20: Each consultation provides a unique
Page 21 and 22: 2.4 The Elements of</strong
Page 23 and 24: There are ten steps to the<
Page 25 and 26: Participants used the</stro
Page 27 and 28: - ensuring the “
Page 29 and 30: - Implementation bodies (e.g. UNDP,
Page 31 and 32: Palestine - Habitat International C
Page 33 and 34: of the</st
Page 35 and 36: “In the Cook Isl
Page 37 and 38: The peace talks focused primarily o
Page 39 and 40: diseases (STDs), HIV/AIDS etc; <str
Page 41 and 42: I look at myself, at us and wonder
Page 43 and 44: That rainbow shirt you wear hurts m
Page 45: • Discriminatory laws (e.g. penal
Page 49 and 50: “A woman and child left home to c
Page 51 and 52: “Aloha from my fathe</str
Page 53 and 54: Even where formal laws exist, peopl
Page 55 and 56: at the time. I cha
Page 57 and 58: Case study In the
Page 59 and 60: It is also important to note that v
Page 61 and 62: • Change men’s attitudes toward
Page 63 and 64: decision-makers to raise th
Page 65 and 66: 7 Conclusion The consultations bega
Page 67 and 68: 56 WOMEN’S RIGHTS TO ADEQUATE HOU
Page 71 and 72: 15. Filipo Masaurua Regional Rights
Page 77 and 78: the meaning in no
Page 79 and 80: 12:30-1:30 Using the</stron
Page 81 and 82: Consultation Dinner DAY FOUR, 15 Oc
Page 85 and 86: Legal Sources of <
Page 87 and 88: Over-riding Principles Internationa
Page 89 and 90: Gender Differences: Common heritage
Page 91 and 92: Preventative measures: Goals <stron
Page 93 and 94: What is Secure Tenure Entry Point t
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Themes emerging from the</s
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88 WOMEN’S RIGHTS TO ADEQUATE HOU
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Working with civil society Mobilisi
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Q7. How have the w
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Q19. Do women face any particular c
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of VAW as per <str
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102 WOMEN’S RIGHTS TO ADEQUATE HO
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The living place must be free from
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ii. Sources of <st
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Gender Equality 3 Women and men are
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HLRN Housing Rights Monitoring Tool
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The material and othe</stro
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Land : The landed property not asso
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Victims’ Non-material Losses Heal
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Forced Eviction Evaluation Matrix T
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Guarantees Causes Victims Vulnerabi
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Group 2 - Discrimination Case - a l
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Group 3 - Legal and cultural obstac
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Group 4 - Urbanisation (Tuvalu - ru
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Group 5 - Indigenous (PNG Case) Cas
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Entitlements - All the</str
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Poem: “A WIDOW” A bad one, Not
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have not been a priority. “Land i
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etween the PNG gov
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The tailings contained heavy metals
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different customs and tradition. Th
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The following is a pressing example
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Or did I not hear it right Women an
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- Cultural impacts - my mot
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employment or furthe</stron
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Actions/Recommendations - - Governm
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The current rapidly growing and ove
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my parents were supportive
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Susie Saitala Kofe
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what other options
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Element - Culture: Women must fulfi
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work very much from an inclusive, p
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My partner and I have moved three t
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Actions/Interventions - The Sexual
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you hope for a lift with a passing
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e.g. when mothers
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Element - Security of</stro
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Impacts - No sense of</stro
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Cultural appropriateness - What is
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Lynssay Francis, Cook Islands This
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State - The government is trying to
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At the age <strong
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- National Policy on Gender and Dev
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Testimonies on Housing, Land and Pr
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members burnt the
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Since 1995 they ha
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The funding for the</strong
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Reginald Kipe, Vanuatu Vanuatu is c
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Actions/Interventions - - More lega
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Case study 2 - rural women migratin
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“It has been important to listen
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Report - Office of the High Commissioner on Human Rights

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