Page 38 - IB May 2018 Edition

Gender

The Committee also showed concern at
the high incidence of sexual abuse of girls,
particular over the “vague defence for hav-
ing sexual relations with a child between
13 and 16 years of age when there is a
“reasonable cause to believe” that the
victim was 16 years or older.”
“Criminalise statutory rape under all
circumstances.” Fiji has been told.
CEDAW wants Fiji to ensure that the
burden of proof regarding the exculpating
circumstance in cases of sexual abuse of
children relating to the victim’s age lies
with the alleged perpetrator.
Fiji has also been told to decriminalise
prostitution.
CEDAW notes a high number of women
are compelled to resort to prostitution ow-
ing to unemployment, fathers’ failure to
pay child maintenance and poverty among
women and that women in prostitution
are stigmatised in society and by health
personnel and exposed to violence and
ill-treatment by the police.
“Girls have been sold into prostitution
and/or forced labour in the aftermath of
Fijian women participating in the UN’s campaign to end violence against women Photo: UN Women Caitlin Clifford Cyclone Winston and that the girl prostitu-
tion industry is growing,” CEDAW states.
CEDAW has noted what it says is “the
ongoing hostility within society against
Fiji’s CEDAW update lesbian, bisexual and transgender (LBT)
women.”
“Make the necessary legislative changes
and implement a policy to eliminate
discrimination, hate speech and vio-
By Anish Chand guaranteed rights under Section 6 (5) of lence against LBT women, including by
the Constitution and comply with inter- prosecuting and adequately punishing
FIJI has been handed some tough direc- national human rights law prohibiting perpetrators, and adopt awareness-raising
tives by the United Nations Committee immunity for those responsible for seri- measures to address stigma within soci-
on the Elimination of Discrimination ous human rights violations and bring ety,” says CEDAW.
Against Women which includes, remov- perpetrators to justice. Fiji has been told to allow the change
ing the immunity provisions in the 2013 “Repeal the legal prohibition to chal- of gender in birth certificates by the LGBT
Constitution, criminalising statutory rape lenge decisions of the interim military community.
under all circumstances, decriminalise government and support a culture of CEDAW also says the Public Order Act
women in prostitution and allow for the dialogue with civil society organisations and the Media Industry Development De-
LGBT community to change their gender fully respecting freedom of expression, cree have a negative impact on the work of
in birth certificates. association and assembly,” says CEDAW. non-governmental organisations, women
After a hearing last February, CEDAW The Fiji Human Rights and Anti-Dis- human rights defenders and journalists
has released a 15-page concluding state- crimination Commission has also come advocating for women’s rights and may
ment on Fiji and makes these recommen- under the spotlight. lead to silencing them.
dations, amongst others. CEDAW notes with concern that the While calling for a review of registration
Under its access to justice section, Commission lacks independence. requirements for NGOs, CEDAW says Fiji
CEDAW is recommending that the section Fiji is being asked to “bring the Human “review the Public Order Act and repeal
on immunity in the 2013 Constitution be Rights and Anti-Discrimination Commis- the currently undue restrictions placed
repealed. sion fully into line with the principles on civil society and the press which con-
“The constitutional conferment of im- relating to the status of national institu- stitutes an obstacle for their activities with
munity for human rights violations com- tions for the promotion and protection of a view to ensuring that non-governmental
mitted under the interim military regime, human rights”. organisations, including women’s rights
which impedes victims’ access to justice “Vest the Commission with the neces- organisations, women human rights
and reparation and may delay genuine sary authority to receive and investigate defenders and journalists can effectively
reconciliation within Fijian society, say complaints on alleged violations of human carry out their work.”
CEDAW. rights, in particular women’s rights, in-
The Committee recommends that Fiji cluding on the legislation adopted between Fiji will next be reviewed by CEDAW
repeal the legal possibility to suspend 2006 and 2013,” says CEDAW. in March of 2022.

38 Islands Business, May 2018