Page 30 - IB March 2018 Edition

Gender

that bar the ability for courts or tribunals
to challenge their validity, there are some
progressive elements to the legislation and
areas within the legislation and its imple-
mentation where discrimination persists
and has an impact on gender equality,”
the NGO Coalition said.
The NGO Coalition submission said
“domestic violence cases are charged un-
der the Crimes Act 2009 and the penalties
imposed are captured under “Assaults,”
which carry relatively light sentences with
a maximum of one year for common as-
sault and maximum five years for assaults
causing actual bodily harm.
“Where domestic violence cases are
prosecuted (more often in instances
where actual bodily harm has occurred),
perpetrators only receive a sentence of
0.82 years on average and the Sentenc-
ing and Penalties Act of 2009 provides
Fiji NGO Coalition on CEDAW has warned that Fijian women will continue to face wide gender an opportunity for judges to enhance
disparities in Fiji. Photo: UNDP punishment for domestic violence cases
based on aggravating factors, but case law
Remove military presence, analysis on sentencing decisions shows
that the act has not had a tangible effect
on the final sentences imposed.” said the
asks Fiji NGO Coalition NGO Coalition.
The NGO Coalition also questioned
the independence and credibility of the
Fiji Human Rights Anti-Discrimination
“In the last five years, Fiji’s rank has Commission.
declined from 108 to 121.5 These results “First, it is still suspended from the
indicate that women’s progress, specifi- Global Alliance of National Human Rights
cally in the economic and political empow- Institutions (formerly ICC) and Asia-
erment sphere are severely curtailed,” the Pacific Forum of National Human Rights
NGO Coalition said. Institutions owing to its inability to comply
By Anish Chand CEDAW was told the Fijian 2013 Consti- with the Paris Principles adopted by U.N.
tution has not expressly adopted CEDAW’s General Assembly resolution in 1993
definition of “discrimination” and makes and second, FHRADC is under the Office
THE Fiji NGO Coalition on CEDAW has no explicit reference to women. of the Prime Minister which plays a vital
said as Fiji moves towards another elec- “Both the CEDAW Committee and role in advising the President on who is
tion, it must show that a robust constitu- women’s rights NGOs agree that a general appointed to the Commission,” said the
tional democracy has replaced all vestiges equality provision is insufficient to cover NGO Coalition.
of authoritarian rule. the intersecting structural factors that “For an institution that is meant to inde-
In their written submission to CEDAW, continually impede women’s progress. pendently investigate human rights viola-
the NGO Coalition report states “authori- The government had a unique opportunity tions committed by the state or where the
tarian military presence remains,” and to repair the historical marginalisation of state has not done enough to prevent those
women’s political rights and participation, women and attacks on women human violations, this creates a direct conflict of
both at the local and national level, will rights defenders during the coup period; interest,” the submission said.
continually be constrained. yet, it made no attempt to redress past The NGO Coalition said the FHRADC is
“In 2018, the Fijian elections will serve human rights violations, include special constitutionally forbidden from receiving,
as a benchmark of whether women have measures, or offer specific protections to investigating, or challenging any com-
the political agency and opportunity to women as defined by CEDAW,” the NGO plaints on the legality of the Acts intro-
engage at the political level or whether Coalition submission said. duced from 2006-2013, abrogation of the
they will continue to be marginalised from It pointed out that the Public Order Act previous Constitution, and the 2006 coup.
public life,” the NGO Coalition said. 2012, Media Industry Development Act “FHRADC reported that they have
CEDAW was informed Fijian women 2010, Crimes Act 2009, and Domestic received 703 complaints since 2013, but
continue to face wide gender disparities Violence Act 2009 were issued via decree data on the types of complaints made
in Fiji. from 2006 to 2014 and were done without and the cases that proceed forward is not
Based on the World Economic Forum’s public consultations and parliamentary transparent on their website, which only
Global Gender Gap Index of 2015, Fiji approval. substantively provides a complaint
ranked at 121st out of 142 countries. “With provisions in the Constitution form,” CEDAW was informed.

30 Islands Business, March 2018