Report - Office of the High Commissioner on Human Rights

It is also important to note that violence against women itself is also a form <strong>of</strong> discrimination that
must be addressed when dealing with gender discrimination.
Clash <strong>of</strong> laws and traditions
In <strong>the</strong> Pacific conflicts exist between:
• Customary law, constitutional law and local land legislation;
• Various constitutions;
• Domestic customs and laws and international human rights law;
• Donor policies and domestic and international laws.
Politicians, judges and o<strong>the</strong>rs <strong>of</strong>ten interpret laws to be consistent with cultural norms and beliefs,
even when <strong>the</strong>y are discriminatory against women. This is <strong>of</strong>ten in direct confrontation with national
equality/anti-discrimination laws, constitutional provisions, and international human rights treaties.
Retrogression in women’s enjoyment <strong>of</strong> housing and land rights
Some <strong>of</strong> <strong>the</strong> factors contributing to <strong>the</strong> retrogression in <strong>the</strong> realisation <strong>of</strong> women’s rights to adequate
housing and land in <strong>the</strong> Pacific region include armed conflict, violence against women, feminisation
<strong>of</strong> poverty 21 and urbanisation, migration, and increasing population growth resulting in overcrowding
and reduced availability <strong>of</strong> land. This is exacerbated by <strong>the</strong> lack <strong>of</strong> accountability <strong>of</strong> local government
authorities.
Some communities in <strong>the</strong> Pacific are concerned that <strong>the</strong> actions <strong>of</strong> international actors in <strong>the</strong> Pacific,
including <strong>the</strong> UN and donors have been unsustainable and not responsive to local concerns, at times
to <strong>the</strong> extent <strong>of</strong> implementing projects that impede <strong>the</strong> realisation <strong>of</strong> women’s rights to adequate housing
and land.
Certain new and emerging trends have created gaps in <strong>the</strong> realisation <strong>of</strong> women’s rights to adequate
housing and land. These include inter-marriage between matrilineal and patrilineal cultures, erosion
<strong>of</strong> landowners’ rights by settler communities, and use <strong>of</strong> land for trade and investment purposes by
government and multinational companies.
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When people are forced to consistently live in poor conditions that can also form <strong>of</strong> violence.
48 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND