Report - Office of the High Commissioner on Human Rights

Even where formal laws exist, people tend to abide by traditional and customary beliefs. There is still
a persisting mentality that discriminates against women. For example, when men are approached about
child maintenance, in relation to <strong>the</strong>ir sons <strong>the</strong>y will <strong>of</strong>ten say, “he is a boy he has got my land”; but
for a girl <strong>the</strong>y will not say that.
“I gave birth to a beautiful baby girl in July 2003. But as you have all heard, this was
not good enough according to our law governing rights to land. Even <strong>the</strong> naming <strong>of</strong> my
daughter is connected to land. To show our appreciation to land gained through <strong>the</strong>
adopted family, I had to give <strong>the</strong>m <strong>the</strong> privilege <strong>of</strong> naming my eldest child. When we first
arrived at our house, it was in a state to be demolished because it had been abandoned
when <strong>the</strong>y left for New Zealand. I wanted to live in a nice and adequate house, so I put
in a lot <strong>of</strong> money, stress and hard work to renovating <strong>the</strong> house. When my mo<strong>the</strong>r visited
and I showed her what I had done, she said “Stop, don’t renovate any fur<strong>the</strong>r”. The reason
was because I did not have a son. She explained if my husband were to drop dead today,
I would have no rights to <strong>the</strong> house or land, and all <strong>the</strong> hard work would be wasted. As
harsh as it sounded – it was actually <strong>the</strong> law that my mo<strong>the</strong>r was spelling out. I had
to take into account what my mo<strong>the</strong>r said – it is in <strong>the</strong> law and <strong>the</strong> cultural ideology.”
(‘Ofa–Ki-Levuka Guttenbeil-Likiliki, Tonga)
The customary notion that men are <strong>the</strong> head <strong>of</strong> <strong>the</strong> household poses a problem for women in <strong>the</strong> Pacific,
and cannot be accepted any longer under <strong>the</strong> principles <strong>of</strong> gender equality. Article 15 <strong>of</strong> CEDAW
guarantees equal rights <strong>of</strong> women and men in <strong>the</strong> family. The Beijing Platform for Action recognised
diverse forms <strong>of</strong> family, <strong>the</strong>reby extending <strong>the</strong> benefits <strong>of</strong> rights beyond traditional notions <strong>of</strong> family.
However, this issue has not been sufficiently tackled by treaty committees or by human rights NGOs.
In relation to women’s rights to adequate housing, it is critical to keep in mind a broad definition <strong>of</strong>
family when developing housing rights indicators.
Customary
decision-making
Traditionally, chiefs and traditional leaders in <strong>the</strong> Pacific have had a major role in resolving disputes
on land, inheritance, property and housing. While applying traditional norms and standards, <strong>the</strong>
decisions <strong>of</strong>ten do not respect women’s rights.
“Sera got married to Joe and moved to his village. Sera’s family got her a job in Sydney,
Australia. A few months later <strong>the</strong>y also found a job for <strong>the</strong> husband in Sydney. The couple
worked and sent money back home to his village and built <strong>the</strong> matrimonial house for <strong>the</strong>m
in Joe’s village. Sera returned to <strong>the</strong> village and <strong>the</strong> matrimonial house. Joe remained in Sydney
but started having an affair. Joe asked her to move out <strong>of</strong> <strong>the</strong> matrimonial house and harassed
her. She approached <strong>the</strong> Turaga-ni-koro, but <strong>the</strong>y told her to move out <strong>of</strong> <strong>the</strong> house because
it was <strong>the</strong> husband’s village.” (Case Study ‘Sera’, Fiji Women’s Crisis Centre, Fiji)
Informal systems <strong>of</strong> governance, such as <strong>the</strong> Great Council <strong>of</strong> Chiefs in Fiji, govern on <strong>the</strong> basis <strong>of</strong> traditional
ideals. They consist mostly <strong>of</strong> men with conservative views that <strong>of</strong>ten discriminate against women and
sometimes pose obstacles to women’s development. For example, in Vanuatu <strong>the</strong> National Council <strong>of</strong>
Chiefs is a constitutional body with a formal budget allocation. It has a strong influence on <strong>the</strong> government
and due to its patriarchal leanings, could impede <strong>the</strong> realisation <strong>of</strong> women’s human rights.
42 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND