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REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Coordination of Actions on Elimination of Violence against Women Performance Audit PARLIAMENT OF FIJI PARLIAMENTARY PAPER NO.
129 OF 2019 OFFICE OF THE AUDITOR-GENERAL – REPUBLIC OF FIJI Location : Level 8, Ratu Sukuna House 2-10 MacArthur Street Suva, Fiji Postal Address : P O BOX 2214, Government Buildings Suva, Fiji Telephone : (679) 330 9032 Email : info@auditorgeneral.gov.fj Website : www.oag.gov.fj OUR VISION Excellence in Public Sector Auditing OUR MISSION   To provide world-class, independent and objective value-adding audit services To provide a working environment which allows our people to excel OFFICE OF THE AUDITOR GENERAL Excellence in Public Sector Auditing 6-8TH Floor, Ratu Sukuna House 2-10 McArthur St P. O.
Box 2214, Government Buildings Suva, Fiji Telephone: (679) 330 9032 Fax: (679) 330 3812 E-mail: info@auditorgeneral.gov.fj Website: http://www.oag.gov.fj File: 102 30 August 2019 The Honorable Ratu Epeli Nailatikau Speaker of the Parliament of the Republic of Fiji Government Buildings Constitution Avenue SUVA Dear Sir PERFORMANCE AUDIT REPORT ON COORDINATION OF ACTIONS FOR ELIMINATION OF VIOLENCE AGAINST WOMEN In accordance with section 152(13) of the Constitution of the Republic of Fiji, I am pleased to transmit to you my report on Performance Audit on Coordination of actions for Elimination of Violence against Women.
A copy of the report has been submitted to the Minister for Economy who as required under section 152(14) of the Constitution shall lay the report before Parliament within 30 days of receipt, or if Parliament is not sitting, on the first day after the end of that period.

Yours sincerely Ajay Nand AUDITOR-GENERAL Encl.


REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI The Office of the Auditor-General – Republic of Fiji The Office of the Auditor-General is established as an Independent Office by the Constitution of the Republic of Fiji.

Its roles and responsibilities include carrying out performance audits to determine whether an entity is achieving its objectives effectively, economically and efficiently and in compliance with relevant legislation.
These audits are carried out by the Auditor-General on behalf of Parliament.

The Auditor-General must submit a report on performance audits carried out to Parliament.

In addition, a single report may include two or more audits.

This report satisfies these requirements.


The Office of the Auditor-General notes the impact of its reports to Parliament on the ordinary citizens and strives for accuracy and high quality reporting including recommendations which are not only value-adding to the entity subject to audit but its customers and the general public as well.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN i REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table of Contents 3.0 2.0 Audit Findings at a Glance .......................................................................................................... iv Audit Overview ........................................................................................................................... v Acronyms .................................................................................................................................. vi Executive Summary .................................................................................................................... ix Key Findings and Recommendations ........................................................................................... x Conclusion ............................................................................................................................... xvii INTRODUCTION ............................................................................................................... 1 1.0 Background .................................................................................................................... 1 1.1 1.2 Institutional Framework for Elimination of Violence against Women ........................................ 2 Reasons for the audit ..................................................................................................... 3 1.3 AUDIT OBJECTIVE, SCOPE AND METHODOLOGY .............................................................. 4 The purpose of our audit ............................................................................................... 4 2.1 2.2 What we audited ........................................................................................................... 4 How we audited ............................................................................................................. 4 2.3 LEGISLATIVE & REGULATORY ENVIRONMENT,
 MULTI-SECTORAL COORDINATION & RESOURCING .................................................................................................................. 5 Governing Laws, Policies and Procedures ...................................................................... 6 3.1 Legal Frameworks for EVAW ......................................................................................... 7 3.1.1 Policy Environment for EVAW ......................................................................................26 3.1.2 International, Regional and National Commitments to ending VAW ...........................29 3.1.3 Key Stakeholders to Ending VAW .................................................................................45 3.2 Roles and Responsibilities of the Key Players ...............................................................46 3.2.1 Planning for EVAW ........................................................................................................48 3.3 Strategic Planning .........................................................................................................49 3.3.1 3.3.2 Annual Planning ............................................................................................................50 3.4 Institutional Arrangements ..........................................................................................51 3.4.1 Ministry for Women Executive Team & National Women’s Advisory Council ..............52 EVAW Taskforce............................................................................................................54 3.4.2 Adequate Resourcing ....................................................................................................62 3.5 3.5.1 Financial Arrangements ................................................................................................63 3.5.2 Human Resources Management ...................................................................................70 IMPLEMENTATION OF ACTIVITIES
 ON EVAW .................................................................. 78 Crime against Women in Fiji .........................................................................................78 4.1 Domestic Violence Helpline ...........................................................................................90 4.2 Processes of Acquiring National Domestic Violence Helpline .......................................91 4.2.1 Zero Tolerance Violence Free Community (ZTVFC) .......................................................95 4.2 External Evaluation of Zero Tolerance Violence Free Community (ZTVFC) ..................97 4.3.1 Ministry Cooperation with Fiji Police Force ..................................................................99 4.4 Effectiveness of Engagement with Fiji Police Force ......................................................99 4.4.1 5.0 MONITORING AND REPORTING ENVIRONMENT .......................................................... 101 Monitoring Strategies .................................................................................................101 5.1 5.1.1 Planning and Budgeting for Monitoring and Evaluation Activities ............................102 5.1.2 Monitoring and Evaluation Framework ......................................................................103 Reporting Strategies ...................................................................................................105 5.2 5.2.1 Reporting requirement at the International Level .....................................................105 5.2.2 Reporting requirements at the Agency Level .............................................................108 APPENDICES ................................................................................................................ 110 Appendix 1 Challenges perceived in Legislation affecting Gender based violence .............110 Appendix 2 List of Case Files received from FWCC ..............................................................111
Appendix 3 Guide to Scrutinising Legislation From Gender Perspective ............................139 6.0 4.0 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN ii REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Appendix 4 Appendix 5 Appendix 6 Appendix 7 Core Functions of Key Positions within the Department of Women ...............140 Summarising Staff Listing at the Department of Women ...............................142 Challenges in responding to Domestic Violence cases .....................................145 List of Complaints in responding to Domestic Violence ...................................146 7.0 DOCUMENTS REVIEWED ............................................................................................. 148 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN iii REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Audit Findings at a Glance PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN iv REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Audit Overview We carried out this audit to assess whether the implementation of the Women’s Plan of Action (WPA) in particular its’ thematic area on Elimination of Violence against Women is effective in realizing the commitment made by Ministry of Women, Children & Poverty Alleviation and stakeholders to the existing legal and policy framework that impact the issues of violence against Women.
We also assessed the extent of implementing the framework in the programs or initiatives identified by Ministry of Women, Children & Poverty Alleviation in association with relevant stakeholders.

This initiatives or programs are set as a measures to assess the effectiveness and efficiency of frameworks applicable to violence against women.
In the end, we assessed whether the monitoring and reporting arrangements over the implementation of the framework are effective and whether improvements can be demonstrated.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN v REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Acronyms Abbreviation Meaning AIDS ACP ADB APO ASP ATS BPA BP CCF CEDAW CO CSO DAC DIVA DCR DEVAW DFAT DMCP DoW DSC DV DVRO DW EGMT EOI EPDM EVAW FPF FSO FSEL FWCC FWRM GBV GIA GIO GWE HIV HQ IATEVAWC INPEP ILO IWP JICAV KPI M&E MDG Acquired Immunodeficiency Syndrome Annual Corporate Plan Asian Development Bank Assistant Project Officer Assistant Superintendent of Police Access to Services Beijing Platform for Action Business Plan Citizens Constitutional Forum Convention on the Elimination of all forms of Discrimination Against Women Clerical Officer Civil Society Organisation Development Assistance Committee Diverse Voices and Action for Equality Daily Crime Reports Declaration on the Elimination of Violence Against Women Department of Foreign Affairs and Trade Divisional Manager Community Policing (DMCP) Department of Women Development Sub Committee Domestic Violence Domestic Violence Restraining Order Director Women Executive Gender Management Team Expression of Interest Equal Participation in Decision Making Elimination of Violence Against Women Fiji Police Force Force Standing Order Formal Sector Employment and Livelihood Fiji Women’s Crisis Centre Fiji Women’s Rights Movement Gender Based Violence Gender Impact Assessment Gender Information Officer Government Wage Earners Human Immunodeficiency Virus Headquarters Inter-Agency Taskforce on the Elimination of Violence against Women and Children Integrated National Poverty Eradication Program International Labour Organisation Individual Work Plan Japanese International Corporation Assistance Volunteer Key Performance Indicators Monitoring and Evaluation Millennium Development Goals PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN vi REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI MOU MSWWPA MWCPA NDP NDVH NECV NGO NSHRP NWPA ODPP OECD PA PAO PAS PO PPA PRO PSMWCPA RDSSED RPPA
 RRRT SC SDG SDP SEEDS SO SOP SPO SWIA SWIO TOC TOR UN UNCEDAW UNICEF UNDP UNIFEM VAW VAWG W&H W&L WIA WIO WPA WRC ZTVFC Memorandum of Understanding Ministry of Social Welfare, Women & Poverty Alleviation Ministry of Women, Children & Poverty Alleviation National Development Plan National Domestic Violence Helpline National Employment Centre Volunteer Non-Government Organisation National Strategic Human Resources Plan National Women’s Plan of Action Office of the Director of Public Prosecution Organisation for Economic Co-operation and Development Personal Assistant Principal Administration Officer Principal Assistant Secretary Project Officer Pacific Platform for Action Principal Research Officer Permanent Secretary Ministry of Women Children and Poverty Alleviation Roadmap for Democracy and Sustainable Socio-Economic Development Revised Pacific Platform of Action Regional Rights Resource Team Special Constable Sustainable Development Goal Service Delivery Protocol Sustainable Economic and Empowerment Development Strategy Sexual Offences Standard Operating Procedures Senior Project Officer Senior Women’s Interest Assistant Senior Women’s Interest Officer Theory of Change Terms of Reference United Nations United Nations Convention on the Elimination of all forms of Discrimination Against Women United Nations Children’s Fund United National Development Program United Nations Development Fund for Women Violence Against Women Violence Against Women and Girls Women and Health Women and the Law Women Interest Assistant Women Interest Officer Women’s Plan of Action Women’s Resource Centre Zero Tolerance Violence Free Communities PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN vii REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Executive Summary The Women’s Plan of Action that address the thematic area on the Elimination of Violence against Women has been generally implemented.
However, there are challenges with regards to effecting the legal and policy frameworks, alignment to international and regional plan of actions, operational planning i.e.

strategically and annually, institutional arrangements and financial and human resources management.
Challenges faced with legislations include victims of violence being disadvantaged due to the gender neutral tone of legislation, thus the need to review them in a comprehensive and systematic manner given the passage of time since their enactment.
There is also inconsistency in the application of the legislation for violence against women by service providers due to the pressure on women to reconcile with husbands/partners, women’s lack of knowledge about rights and the law and the manipulation of law to undermine women’s rights.
Despite the positive changes to legislation with the intent to address the problem of violence against women, the use of legislation by women themselves is low due to the lack of awareness, social stigma and fear of repeated violence in their families.

Policies such as the Fiji Police Force No Drop Policy and the National Gender Policy are fairly implemented but can be improved through consistency in the review and coordination process.
In addition, there are opportunities to improve the alignment of the Women’s Plan of Action (WPA) to similar plans with international and regional counterparts.

While there is positive signs of consistency in the preparation and publishing of operational plans, its timely delivery can be improved.
Also, there are limitations in the institutional arrangements due to the non-establishment of core committees to monitor the implementation of the WPA and the weaknesses identified in the inclusivity, coordination, sustainability and administration of the main EVAW taskforce.
Financial and human resource management is compromised by the non-maintenance of EVAW budget proposals, justifications and expenditure listings, increase in vacant positions at the DoW, policy and research unit not carrying out its intended purpose and staffs IWP not being maintained properly.

The process of implementing the framework has been administered and managed appropriately.
However, the most alarming reality is that although women and girls make up the majority of victims for sexual offenses, there were processes that were not in accordance with the relevant guidance materials pertaining to the reduction of crime against Women in Fiji.

These include administration of the National Domestic Violence Helpline, Zero Tolerance Violence Free Community (ZTVFC) and Ministry’s co-operation with Fiji Police Force.
The monitoring and reporting arrangements at the global and national level has been managed appropriately.

However, the Ministry of Women, Children & Poverty Alleviation needs to improve their internal processes in terms of the planning and budgeting for monitoring and evaluation activities, establishment and management of a monitoring and evaluation framework, meeting reporting requirements at both the international and agency levels.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN ix REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Key Findings and Recommendations FINDINGS RECOMMENDATIONS Framework regulating the activities on the Elimination of Violence against Women Despite the existence of relevant provisions in the Constitution and enactment of various legislations in addressing gender-based violence, there are several challenges them.
These include factors such as legislation being gender neutral whereby victims of gender-based violence the can be disadvantaged, problems at implementation level, and minimal use of legislation by women themselves.
in effecting The Department of Women should ensure that:  Dialogue with Civil Society Organisations, NGO’s and Women Rights Organisations is strengthened to ensure that legislative reform is conducted in a more integrated and comprehensive manner;  Prevention programs are focused on the prevention of coercive control and emotional violence, as well as physical and in addition rights of sexual violence, women and girls should be actively promoted;  Awareness and prevention programs are that be delivered deliberately challenges the patriarchal (male dominated/male controlled) way of thinking for both men and women; in such a manner  More attention is given to targeting isolated and vulnerable communities where various research findings have shown that women and girls to be at the greatest risk;  More effective awareness programs especially on the rights and the various laws and services available to women are implemented at the targeted high risk areas;  Continue to collaborate with Civil Society Organisations (CSO’s), NGO’s, Women’s Rights Organisations and other bodies in order to provide sufficient awareness to women to excise their rights under the laws when victimised; and  To “unlearn” old beliefs that perpetuate domestic violence such as acceptance of violence from husbands and other beliefs.
The Fiji Police Force should ensure that:  the No-drop policy for all offences against women and children are dealt with in a systematic and consistent manner; PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN x REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI FINDINGS RECOMMENDATIONS  Police officers on the ground are skilled to respond expeditiously and sensitively to all cases of violence against women; legal literacy trainings so that the various provisions in the legislations are fully understood;  Police officers undergo  A more comprehensive and systematic approach for gender trainings are planned to include training and consultations with NGOs and other gender and women’s groups; and  Necessary records are maintained for trainings and awareness carried out which are readily made available for audit and other reviews.
 The Department of Women should ensure that policies relating to EVAW are regularly reviewed in consultation with relevant stakeholders.

 The Fiji Police Force should finalize the revised “No Drop Policy” without any further delay and ensure that police officers are trained for its implementation.

.

An inclusive and coordinated approach to the review and evaluation of policies and regulations should be spearheaded by the Department of Women.
The Fiji Police Force should conduct awareness and trainings on the provisions of the Domestic Violence Act 2009 and subsequently monitor and evaluate its effectiveness as per the National Gender Policy.

the MWCPA.

Although There is no specific policy developed for EVAW.

However, this is incorporated as a section within the National Gender Policy which gives the overarching direction for EVAW and is managed is by acknowledged, the National Gender Policy has not been revised since its adoption in 2014.
In addition, the “No Drop Policy” has not been reviewed since its establishment in 1995 and re- affirmation in 2013.

However, the Fiji Police Force has indicated that they have recently completed the review process with the revised policy still in its draft stage.

this effort It has been four years since the establishment of the National Gender Policy in 2014 which may not be sufficient to form strong coordination initiatives to address the issue of violence against women.
It is therefore pleasing to see that based on the evidence gathered during our audit, coordination exists in four out of six coordinative initiatives outlined in the National Gender Policy regarding gender based violence.
However, there is still room to the following initiatives: improvements with respect for  Monitoring the effectiveness of the No Drop Policy in domestic violence cases in the Fiji Police Force; and  Analysing the effectiveness of the Domestic Violence Act 2009 and ensure continuing the review of effectiveness of the implementation of the law.
its provisions based on PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN xi REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI FINDINGS RECOMMENDATIONS Given that the Service Delivery Protocol has just been finalized, its implementation cannot be assessed just as yet.

Absence of review of Fiji’s legislative compliance with CEDAW provisions.
However, the DoW has confirmed that for Fiji’s current situation, the preparation of the CEDAW State Reports, its follow-up report, the Beijing Platform for Action (BPA) review reports and the Country Gender Assessment will constitute the most suitable review process.
The Department of Women should ensure that efforts are coordinated with stakeholders such as NGO’s and CSO’s to conduct reviews on Fiji’s legislative compliance to the CEDAW provisions, based on the most appropriate indicators similar to the one used in the UNDP and UNIFEM review report.

Strategic Objectives of the International Action Plan placed more emphasis on preventative or pro-active measures whereas WPA had more focus on reactive measures in terms of responding to victims of gender based violence.
Therefore, there is weak alignment between strategic objectives and the action plans due to the lack of effort by the DoW in undertaking research work on the root causes of violence against women.

for and development The Policy and Research Unit within the DoW depend on the research carried out by Civil Society Non-Government Organisations Organisations and the implementation of Women’s programs.
They have not engaged or conducted any proper research to gauge the true root-cause of violence that women face.

Therefore, there can be a risk that the conclusions drawn from these research findings could lead to ineffective measures and programs implemented, given the change in times.

The Department of Women should ensure that:  Plans for the development of the next WPA the Beijing are properly aligned Declaration and Platform of Action.
to  Strategic objectives in the WPA document clearly capture what the action plans purports to reflect.

The Department of Women should:  Strengthen its Policy and Research Unit.

 Properly demarcate work, so that research work is separate and distinct from the monitoring and evaluation function of the Department.

Indicators for the achievement of target 5.2 of SDG 5 revealed that the provision and availability of data is important.
However, given the multiple agencies, in Fiji’s context, there is no single responsible agency for coordinating and collating data.

However, there is clear correlation between the programs and projects outlined in the NDP to the activities in the WPA.

In considering the changes over time, the MWCPA was able to properly transit between the two Women’s Plan of Action.
The DoW has successfully transitioned over the years since 1960 from being a section within Government, looking after Women’s interest, to The Department of Women should strengthen its coordinating and data collection and collating strategies in collaboration with relevant stakeholders such as the Fiji Police Force and other stakeholders.

We acknowledge this achievement.

We acknowledge this achievement.


PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN xii REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI FINDINGS RECOMMENDATIONS the DoW within the MWCPA in 2009.

The Department has continued to pursue its roles as primary advisor to Government on public policies that affect women.
Included in the general role of the Fiji Police Force in providing safety and security to all people of Fiji, is also the Force’s role combating and dealing with violence against women.

This role of the Fiji Police Force is clearly set out in the Domestic Violence Act.

While the Fiji Police Force have developed its strategic plan for the duration of four years, the MWCPA, at the time of the audit, did not have a strategic plan.
The Ministry, however has now formalized a 3 year strategic plan for the years 2019 to 2022.

While we acknowledge the efforts of both lead agencies in publishing their Annual Corporate Plans (ACP), there was a delay in the preparation and endorsement of the MWCPA ACP for the years 2016/2017 and 2017/2018.
In addition to the non-preparation of the 2017/2018 Department of Women Business Plan, the formulation of other organisation plans such as the Annual Work Plans for the MWCPA were not consistent over the years.

On the other hand, the Fiji Police Force have consistently prepared and published Annual Corporate plans.

We acknowledge this achievement.


The Ministry of Women Children and Poverty Alleviation (MWCPA) should tailor make the National Strategic Plan to meet the needs and objectives of their Department, through the development of a strategic plan for the Ministry itself which will be cascaded to the ACP encompassing gender based violence.
The Ministry of Women Children and Poverty Alleviation (MWCPA) should develop Annual Corporate Plans (ACP) for the Ministry and Business Plans for the Department of Women in a timely manner.

The Department of Women should:  Develop and customize Annual Work Plans (AWP).
 Capture targets/outputs in the Individual Work Plans for the effective measurement department’s the of performance agency’s or the Executive Gender Non-establishment of Management Team and National Advisory Committee since the adoption of the WPA in 2009.

The Department of Women through the EVAW Taskforce should establish the Executive Gender Management Team (EGMT) and the National Advisory Committee.

The EVAW Taskforce is the most active thematic desk in the Women’s Plan of Action.
However, there are weaknesses in relation to inclusivity, coordination, sustainability, and administration of the taskforce.

The EVAW Taskforce should consider:  Faith-based organisations actively involved in the prevention of violence against women and girls through their missionary work as well as through their welfare and support.

 Organisations that have been discussed to be part of the and agreed upon Taskforce should be done in a timely and consistent manner.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN xiii REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI FINDINGS RECOMMENDATIONS The EVAW Taskforce should ensure that:  Scheduled meetings are adhered to as the Taskforce Terms of in captured Reference.

 Develop a Training register to capture an analysis of each stakeholder involved in the fight for EVAW.
List the training facilitators and the type of trainings they provide and the number of training already provided, dates and its facilitator.

  All issues, recommendations, proposals, requests and suggestions are resolved and conducted accordingly in a timely manner.

The EVAW Taskforce Secretariat should ensure that meeting minutes are properly signed and endorsed by the Chairperson, prior to circulation of the minutes to the members of the Taskforce.
The Department of Women should ensure that:  All members of the EVAW Taskforce are present at the scheduled monthly meetings as per Terms of Reference.

 A quorum is called before any meeting proceedings.

of Financial Resources Management is compromised by the absence of budget proposals and the non-maintenance of expenditure listings for the EVAW vote for the MWCPA.

The Department of Women should ensure that all Budget proposals are properly kept and maintained.
The WPA desk officer should maintain an the EVAW expenditure thematic area, and the remaining thematic areas for that matter.

listing/ledger for of Human Resources is Management compromised by the increase in vacant positions at the MWCPA, Policy and Research unit not carrying out its intended purpose and absence and unsigned Individual Work Plans.
On the other hand, even though the Fiji Police Force has had increased percentage composition of women from 2014 to 2017, women still make up a small percentage of the Fiji Police Force work force.

Even so, women in prominent positions within Fiji Police Force is still very low.

The DoW to ensure that:  All vacant positions are filled with the appropriate candidate as soon as practicable.

 Strengthen the Policy and Research Unit.


 Properly demarcate work, so that research work is separate and distinct from the monitoring and evaluation function of the Department.

IWP’s for all substantive post holders are properly developed and signed by the  PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN xiv REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI FINDINGS RECOMMENDATIONS incumbent as well as their immediate supervisors.
Implementation and Monitoring of Activities on Elimination of Violence against Women Fiji Police Force should eensure adequate police manpower to effectively control the increasing incidents of crime including crime against women.

conducting Fiji Police Force should strengthen the method of awareness regarding incidents of violence against women.

community’s The percentage of female victims of sexual offenses compared to male victims has been consistently rising between 2014 and 2017.
The most alarming fact is that the largest number victims of rape, abduction of persons under 18 years of age and indecent assault were minor girls.

The number of cases recorded for indecently insulting or annoying any person from 2014 to 2017 decreased by 80 %.

However, the maximum number (85%) for the said crime were women.

The number of violence cases reported to Fiji Police Force is low compared to other agencies that collect the same data on violence against women.
Review of the National Domestic Violence Helpline Statistics and Challenges report compiled by Fiji Women’s Crisis Centre noted that there is a lack of urgency by relevant stakeholders in responding to domestic violence incidents.

Fiji Police Force should identify gaps on the legislations relating to domestic violence and consult lead agency on the gaps between the actual work against domestic violence framework.
Several instances were noted where reports were not submitted by FWCC to Ministry of Women, Children and Poverty Alleviation.

The inconsistent reporting by the Fiji Women Crisis Centre indicates poor monitoring and reviewing of projects by the Ministry of Women, Children and Poverty Alleviation.

As a result, we could not substantiate whether the referral calls have been progressively improved.
Review of documents pertaining to the project on National Domestic Violence Helpline noted that the frequency of reporting made by FWCC was not aligned with the reporting period as specified in the Grant Agreement.

FWCC submitted reports on a monthly basis whereas the Grant Agreement specified a quarterly reporting system.

The Department of Women should ensure proper maintenance and up keep of records pertaining violence against women.
The Ministry of Women, Children & Poverty Alleviation and Fiji Women’s Crisis Centre should stipulations (paragraph 5.7, paragraph 5.9, paragraph 5.21, and paragraph 8.2) the Grant Agreement.
honouring ensure in PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN xv REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI FINDINGS RECOMMENDATIONS The assessment of the Relevance, Efficiency, Effectiveness, Inclusiveness and sustainability of the Department of Women’s Zero Tolerance Violence Free Community were noted through the delays in hiring external evaluator to undertake the evaluation of ZTVFC project.
The Ministry of Women, Children & Poverty Alleviation should strengthened its internal processes and ensure proper maintenance and up keep of records pertaining to violence against women.

The Ministry did not review the SOP (Standard Operating Procedures) to assess the effectiveness of accountability of records pertaining to each phases of the Zero Tolerance Violence Free Community Projects.
As a records pertaining to the identifications, commitment and declaration phases of each project engaged with ZTVFC were generally lacking with the Ministry of Women, Children & Poverty Alleviation.

result, The Ministry of Women, Children & Poverty Alleviation relevant in collaboration with stakeholders should ensure that SOPs are reviewed from time to time.

(MOU) The Memorandum of Understanding between the MWCPA and Fiji Police Force expired in December 2018 and is yet to be renewed.
The Ministry of Women, Children & Poverty Alleviation must carry out review of the MOU between Fiji Police Force.

The review process must identify the gaps between operational work against the MOU between the Fiji Police Force.

Performance Review and Reporting of the Activities on the EVAW DoW is yet to develop a comprehensive annual monitoring and evaluation plan for monitoring the impact of EVAW programs.
The amount budgeted for the implementation of the WPA for the years 2014 to 2016/2017 were not fully utilized which resulted in a savings amounting to $858, 634.56.

Such savings could have been used for improving the monitoring process.

The establishment of the monitoring framework which include the Ministry for Women Executive Team & National Women’s Advisory Council did not eventuate.
However, the DoW has established a draft monitoring and evaluation framework which is now strengthened through the Annual Planning Process (i.e.

through the Costed operational Plan and Strategic Plan).

of Women The Department should appropriately plan and budget the monitoring and evaluation activities the EVAW thematic area as well as the other thematic areas.
for The Department of Women should ensure that a monitoring and evaluation framework is developed to guide staff in actually carrying out the monitoring and evaluation activity.

Delays in the preparation and submission of the Fiji State Reports to the CEDAW Committee.

The Department of Women should ensure that timelines set by the CEDAW Committee is adhered to.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN xvi REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI FINDINGS RECOMMENDATIONS Collaboration between Government and NGO’s on issues regarding violence against women can be strengthened.

The Department of Women should strengthen collaboration with NGO’s on issues regarding VAW.
While we acknowledge the efforts of both lead agencies in publishing their annual reports, the MWCPA Annual reports for 2014, 2015 and January to July 2016 were submitted to the cabinet office in May 2018 which is contrary to the legislative timeframe stipulated in Section 69 of the Finance Instructions 2010.
The Ministry of Women Children and Poverty Alleviation should ensure that Annual Reports are prepared and submitted to its Minister according to the timeline specified in section 69 of the Finance Instructions Conclusion The Women’s Plan of Action that address the thematic area on the Elimination of Violence against Women has been generally implemented.

However, there are challenges faced with the legislations, its enforcement and use by victims of violence.
There is a need to review the policies on violence against women.

In addition, coordination and monitoring amongst key stakeholders can be further strengthened.

There are also opportunities to improve with regards to aligning to international and regional plans of action, institutional arrangements and resource management.

The process of implementing the framework have been administered and managed appropriately.
However, there were processes that were not in accordance with the relevant guidance materials pertaining to the reduction of crime against Women in Fiji.

The monitoring and reporting arrangements of the lead agencies can also be improved.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN xvii REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 1.0 INTRODUCTION This report provides an assessment of the efficiency and effectiveness of Ministry of Women and relevant stakeholders in administering the action plan on elimination of violence against women as area of concerns identified in the WPA The focus of our assessment was on the coordination of action by the Department of Women in conjunction with relevant stakeholders on EVAW.
1.1 Background 1.1.1 The Ministry of Women, Children & Poverty Alleviation exist to care for the disadvantaged, children, people with disabilities and women.

The Ministry of Women, Children & Poverty Alleviation is administered by the Minister for Women, Children & Poverty Alleviation and Permanent Secretary for Women, Children & Poverty Alleviation.
It is the government agency that administers services and programs aligned to the: Care and protection of children Provision of income support to families to address poverty Provision of policy intervention for older person Provision of policy intervention for persons with disabilities; and Promotion of gender equality and the empowerment of women i. ii.

iii.

iv.

v. vi.
iii.

iv.

v. vi.

Monitor, evaluate and report on the progress and impact of the Integrated National Poverty Eradication Program (INPEP).1 1.1.2 The Ministry of Women, Children & Poverty Alleviation is divided in to three major division – Corporate, Department of Women and Department of Social Welfare.

Department of Women is responsible for policy advice on issues pertaining to the empowerment of women and the achievement of gender equality.
The Department align its programs and services to both national and international instruments which includes the: i. ii.

iii.

iv.

v. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1995 Beijing Platform for Action 1995 Revised Pacific Platform for Action: 2005 -2015 Roadmap for Democracy, Sustainable Socio – Economic Development: 2009 – 2014 National Women’s Plan of Action (NWP): 2010 – 2019.
2 1.1.3 The WPA (2010 – 2019) has five priority areas for the development and advancement of women in Fiji.

The areas of concern are formal sector employment and livelihood, equal participation in decision making, EVAW, access to services and women and the law.
1 Ministry of Women, Children & Poverty Alleviation, Annual Corporate Plan 2015, p.6 2 Ministry of Women, Children & Poverty Alleviation, Annual Report 2013, p.30 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 1 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 1.2 Institutional Framework for Elimination of Violence against Women International Affiliations (CEDAW, Beijing Declaration and Plan of Action) Legislation Crimes Act; Family Law Act; Domestic violence Act; Criminal Procedures Act; Employment Relations Act National Planning (National Development Plan) Monitoring and Reporting Strategic Planning INSTITUTIONS *Ministry of Women Children and Poverty Alleviation (MWCPA) *Fiji Police Force (FPF) *EVAW Taskforce *NGO’s and CSO’s Implementation Operational Planning and Budgeting PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 2 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 1.3 Reasons for the audit 1.3.1 Gender inequality is one of the major social issue in the world especially in developing countries like Fiji where violence against women continue to increase over the years.
This is evidenced by the daily media reports and other NGO’s research papers and thus needs to be addressed at all levels.

1.3.2 Gender Equality and Women Development is one of the priority outcome of the State.
This is embedded in the new National Development Plan, Roadmap for Democracy and Sustainable Socio-Economic Development 2010-2014 (RDSSED), the 2013 Constitution including the National Strategic Human Resource Plan 2011 to 2015 (NSHRP).3 Hence, the Ministry of Women, Children & Poverty Alleviation’s outputs as per Annual Corporate Plan is aligned with the State priorities.

1.3.3 Fiji made its commitment in the Beijing Platform for Action 1995 which address the objectives of the empowerment of all women.
The implementation of this platform is the sovereign responsibility of each State.

This is resulted in the implementation of the first Fiji Women’s Plan of Action (1999 – 2008) which served as a blueprint to integrate women and gender concerns and promote gender equity in the development process.

4 1.3.4 As in most developed countries, women and children are the most vulnerable in Fiji, where women comprise 90% of victims of gender based violence.
Because of the emerging issues on violence against women, the second Women’s Plan of Action (2010-2019) was formulated in collaboration with development partners and community based organizations in 2009.
There are five thematic areas that were addressed under the second WPA of which Elimination of Violence against Women is one of the concerns in Fiji’s WPA.5 1.3.5 Thus sufficient time has lapsed to enable an assessment of the effectiveness of implementation of the activities identified in the WPA particularly on elimination of violence against women and the co-ordinated effort amongst the Ministry and the various stakeholders to ensure achievement of government’s intended outcomes of eliminating violence against women.
1.3.6 The National Research on Women’s Health and Life Experiences in Fiji (2010/2011) conducted by FWCC revealed that Fiji has the 4th highest prevalence of physical and or sexual partner violence over a woman’s lifetime, compared with 20 countries that have used WHO research methodology.6 The report also revealed that the combined prevalence of non-partner and intimate partner violence in Fiji (71%) is double the global estimate of 35.6%.7 3 Ministry of Women, Children & Poverty Alleviation, Annual Corporate Plan, 2016, p.9 4 Ministry for Social Welfare, Women & Poverty Alleviation, Women’s Plan of Action (2010 – 2019), p.3 5 Ministry for Social Welfare, Women & Poverty Alleviation, Women’s Plan of Action (2010 – 2019), p.5 6 Somebody’s Life, Everybody’s Business, FWCC National Research on Women’s Health and Life Experiences in Fiji (2010/2011): A survey exploring the prevalence, incidence and attitudes to intimate partner violence in Fiji, Chapter 12, and p.137.
7 Somebody’s Life, Everybody’s Business, FWCC National Research on Women’s Health and Life Experiences in Fiji (2010/2011): A survey exploring the prevalence, incidence and attitudes to intimate partner violence in Fiji, Chapter 12, p.70 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 3 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 2.0 AUDIT OBJECTIVE, SCOPE AND METHODOLOGY 2.1 The purpose of our audit 2.1.1 The overall objective of the audit is to assess whether the implementation of Women’s Plan of Action (WPA) in particular with area on Elimination of Violence against Women is effective by examining: i. ii.
iii.

the existing legal and policy framework (i.e.

arrangements in place) aimed at eliminating violence against women and children within the Ministry of Women and with its stakeholders; the process by which the framework has been implemented; and The monitoring and reporting arrangements over the implementation of the framework and whether improvements can be demonstrated.
2.2 What we audited 2.2.1 We examined the existing legal and policy framework, records of activities, monitoring and reporting arrangements undertaken towards the elimination of violence against women by the Ministry of Women, Children & Poverty Alleviation in coordination with its stakeholders for the years 2014 to 2017 in Fiji.

2.3 How we audited 2.3.1 Our audit was conducted using the following evidence gathering techniques: 1.

Documentary Review Reviews of documentary evidence was conducted.
The documents reviewed are listed in Section 10.0 of this report.

2.
Interviews Interviews were carried out with the officers listed in Table 2.1 below Table 2.1: Details of interviews conducted Unit Department of Women Department of Women Department of Women Department of Women Fiji Police Force – Planning Unit Fiji Police Force – Planning Unit Fiji Women Crisis Centre Officer Acting Principal Research Officer Senior Women Interest Officer (WPA) Senior Women Interest Officer (Livelihood) Senior Women Interest Officer (Research and Women & the Law) Senior Research Officer Director Planning Coordinator 3.
Analysis Data extracted from the Fiji Police Force Crime Statistics Annual Report was also analyzed.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 4 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.0 LEGISLATIVE & REGULATORY ENVIRONMENT, MULTI- SECTORAL COORDINATION & RESOURCING 3.0.1 The United Nations General Assembly adopted the Declaration on the Elimination of Violence against Women (DEVAW) in 1993.8 The DEVAW is not a convention or treaty, therefore it is not legally binding.
However, it covers issues related to VAW at a global scale and provides a strong statement of principle to the universal community.9 The DEVAW sets out a clear definition of what VAW is and a set of provisions presented through six different articles that State parties are committed to upholding.
According to the DEVAW definition, gender-based violence includes a host of harmful behaviors directed at women and girls because of their sex, including wife abuse, sexual assault, dowry related murder, marital rape, selective malnourishment of female children, forced prostitution, female genital mutilation, and sexual abuse of female children.10 See Exhibit 3.1 for the complete definition.

Exhibit 3.1: United Nations Definition of Violence against Women a.
The term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.
Accordingly, violence against women encompasses but is not limited to the following: Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution; Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.
b. c. Source: United Nations General Assembly Declaration on the Elimination of Violence against Women, 1993.

Articles 1 & 2 3.0.2 The 2013 Constitution of the Republic of Fiji recognizes through Section 26 Rights to Equality and Freedom from Discrimination, government’s commitments to gender equality.
In particular, it prohibits discrimination against, directly or indirectly on the grounds of a persons, amongst others, “actual or supposed personal characteristics or circumstances, including race, culture, ethnic, or social origin, color, place of origin, sex, gender, sexual orientation, gender identity and expression, birth, primary language, economic or social or health status, disability, age, religion, conscience, marital status or pregnancy”.11 In addition, there are several legislations, policies and procedures that support non-discrimination and women’s rights to equality.
3.0.3 The Government has made a number of international and regional commitments for gender equality such as the: I.

Convention on Elimination of all forms of Discrimination against Women (CEDAW); 8The Advocates for Human Rights website, Stop Violence against Women, also available at: http://www.stopvaw.org/devaw.

9The Advocates http://www.stopvaw.org/devaw.

10Researching Violence against Women: A Practical Guide for Researchers and Activists.
Washington DC, United States: World Health Organization, PATH; Ellsberg M, and Heise L., 2005, paragraph 2, p.11.

11Fiji 2013 Constitution, Section 26 (3 (a)) for Human Rights website, Stop Violence against Women, also available at: PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 5 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Beijing Platform for Action (BPA); II.

III.
III.

Millennium Development Goals (MDG’s) and now the Sustainable Development Goals (SDG’s); and Revised Pacific Platform of Action (RPPA).

IV.

These international and regional conventions and agreements for gender equality set the norms and standards that a country must strive to achieve.

These conventions provide both guidance on women’s human rights and rationales for development goals.
They enable dialogue between development partners and provide guidelines for strategic planning, policy making, monitoring and evaluation.
3.0.4 In order to fulfil its obligations to international and regional commitments, Government has developed a Women’s Plan of Action (WPA).12 3.0.5 We noted from our audit that since the ratification of the Convention on Elimination of All forms of Discrimination against women (CEDAW) and Fiji’s commitments in Beijing during the World Conference on Women in 1995, the Department of Women (DoW) has been the primary advisor to Government on public policies that affect women and the key catalyst for the implementation of the WPA.
Moreover, institutional arrangements between and amongst government offices have also been formulated to co-ordinate and monitor efforts to prevent violence against women in the country and change social norms and behavior.

3.0.6 The implementation of the WPA requires both financial and human resources.
However, like all government projects, the limited resources of government will always be a challenge; therefore, the participation and contribution of Development Partners through technical assistance and financial support is not only important but imperative.13 3.1 Governing Laws, Policies and Procedures 3.1.1 Legislation is one of the most important instruments of government in organizing society and protecting citizens.
It determines, amongst others, the rights and responsibilities of individuals and authorities to whom the legislation applies.14 3.1.2 Policies are principles, rules, and guidelines formulated or adopted by an organization to reach its long-term goals.15 3.1.3 On the other hand, procedures are the specific methods employed to express policies in action in day-to-day operations of the organization.16 12Women’s Plan of Action 2010-2019 – paragraph 3, p.5.
13 Women’s Plan of Action 2010-2019 – paragraph 5, p.19.

14Best practice – Importance of Legislation, Auditing SA, Professor Herman de Jager, also available online at: https://repository.up.ac.za/bitstream/handle/2263/14758/DeJager_Importance%282000%29.pdf?sequence=1&is Allowed=y.
15Best Practice – Business Dictionary, also available online at: http://www.businessdictionary.com/definition/policies-and-procedures.html 16 Best Practice = Business Dictionary, also available online at: http://www.businessdictionary.com/definition/policies-and-procedures.html PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 6 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.4 Policies and procedures are designed to influence and determine all major decisions and actions, and all activities take place within the boundaries set by them.
Together, they ensure that a point of view held by the governing body of an organization is translated into steps that result in an outcome compatible with that view.17 3.1.5 The following paragraphs discuss the issues regarding the governing laws, policies and procedures relating to ending violence against women.
3.1.1 Legal Frameworks for EVAW 3.1.1.1 Governments should enact and/or reinforce penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs done to women and girls who are subjected to any form of violence, whether in the home, the workplace, the community or society.18 3.1.1.2 Governments should periodically review and analyze legislation to determine its effectiveness in eliminating violence against women.19 3.1.1.3 The legislative environment related to violence against women in Fiji is positive and there are a number of laws that have potential to end violence against women, including amongst others, the Family Law Act 2003 and the Domestic Violence Act 200920 as shown in Table 3.1 below.
Legislation Family Law Act 2003 Domestic Violence Act 2009 linked to Elimination of Violence Table 3.1: Legislation Related to Violence against Women Aspects against women Covers marriage, divorce, maintenance, and custody and includes provision of injunctions for personal protection.

Also recognises, the roles of both partners in a marriage and provides protection in the interests of children.

Provides expanded authority to police to investigate and prosecute cases of domestic violence.
Includes provisions that make it possible for victims to obtain domestic violence restraining orders against attackers.

Improved definitions of sexual assault, rape, and other crimes of violence against women.

Also, includes offences related to trafficking in women and children with increased penalties.

Recognises de facto couples.


No corroboration required in sexual offence cases (s129) No evidence of past sexual history permissible (s130) Institute employer liability if they fail to prevent sexual harassment in the workplace.
Family Law Amendment Act 2012 Criminal Procedures Act 2009 Employment Relations Promulgation 2007 Crimes Act 2009 3.1.1.4 Despite these constitutional provisions and the enactment of various legislations to try and address the issue of gender-based violence, and though there are some progressive elements to the legislations, there are challenges in the legislation and with its 17Best Practice = Business Dictionary, also available online at: http://www.businessdictionary.com/definition/policies-and-procedures.html 18 Beijing Declaration and Platform for Action 1995 Strategic objective D1, paragraph 124 (c), p.51.
19 Beijing Declaration and Platform for Action 1995 Strategic objective D1, paragraph 124 (c), p.51.

20 Fiji Country Gender Assessment, 2015, Section 7.2, p.75.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 7 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI implementation where discrimination can be perceived to persist and may have an impact on gender equality.21 Examples of challenges in legislation are noted in Appendix 1.
3.1.1.5 The above argument is consistent with the evidence presented in the Fiji Women’s Crisis Centre, Somebody’s Life, Everybody’s Business, National Research on Women’s Health and Life Experiences in Fiji (2010/2011) (FWCC National Survey).
The survey presented that 64% of Fijian women who have ever been in an intimate relationship experienced physical and/or sexual violence or both by a husband or intimate partner in their lifetime, and 24% are suffering from physical or sexual partner violence today (i.e.

at the time of the survey); while 58% experience emotional violence in their lifetime and 29% in the last 12 months (i.e.
at the time of the survey).22 According to the survey, this rate of violence against women and girls are among the very highest in the world.23 3.1.1.6 To gain a better understanding of the challenges in effecting legislation addressed at eliminating violence against women, we conducted documentary reviews and interviews.

From this exercise, we were able to determine the causes of these challenges which have been classified into three main categories: I. II.

III.
III.

Legislations are gender neutral whereby victims of gender-based violence can be disadvantaged; Problems at the implementation level; and Use of legislations by women themselves is low.

Figure 3.1 is a problem tree capturing the challenges in effecting legislations addressing violence against women.

The root causes for each challenge/problem is revealed as one goes down the problem tree.
21 2016 Shadow NGO Report on Fiji’s Fifth State periodic report to the CEDAW Committee, and the 2017 Concluding Observations Report of the CEDAW Committee, Article 1, Subsection 2, p.2.

22 Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!

National Research on Women’s Health and Life Experiences in Fiji (2010/2011), Chapter 13, Section 13.1, paragraph 3, p.146.

23 Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!


National Research on Women’s Health and Life Experiences in Fiji (2010/2011), Chapter 13, Section 13.1, paragraph 3, p.146.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 8 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Figure 3.1: Factors explaining the challenges in Legislations to address violence against women Legislations are gender neutral: Victims of gender-based violence can be disadvantaged Gender Neutral Legislations Challenges in effecting Legislations addressed at elimination of violence against women Problems at the Implementation levels Use of Legislations by Women is Low Pressure on women to reconcile with husbands/partners Lack of knowledge of Legislation Manipulation of Legislations to undermine women's rights Lack of awareness Social Stigma Fear of repeated violence in their families Non-adoption of a comprehensive or integrated approach to legislative reform No dialogue with civil society or public consultatation No Gender Impact Assessment Not incorporated into the Ministries budget No framework or guideline to conduct a gender impact assessment Lack of resources Non-prioritizing by Government Patriachal culture where domestic violence is almost a norm Trainings provided to police and justice sector officials have not been comprehensive.
Gender Neutral Legislations Trainings are not provided in a systematic manner (Ad-hoc basis) Source: FWCC National Survey, 2015 ADB Gender Assessment and Discussions with FWCC Coordinator PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 9 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI The following paragraphs detail the root-cause for each problem.
3.1.1.1 Gender neutral legislation 3.1.1.1.1 We gathered that one of the challenges in effecting legislation is due to its gender neutral nature.
3.1.1.1.2 3.1.1.1.3 3.1.1.1.4 Gender Neutrality or Blindness refers to the inability to perceive that there are different gender based expectations and responsibilities and, consequently, the failure to realise that policies, programmes and projects may have different impact on women and men.24 The issue of gender neutral legislation was also explained by the Fiji Women’s Crisis Centre (FWCC) Coordinator in discussions during audit.
According to the Coordinator, most survey findings show that women are usually the victims of violence whether, domestic, sexual or physical.

There is usually just a small percentage of violence that may have been caused by women but these are almost always negligible.25 Documentary review noted that gender neutral legislation ensure that both men and women have equal rights under the law.
26 While, in general circumstances, this is argued to be a step in the right direction, however, in terms of gender-based violence, in some cases, women and girls are further victimised as the law has enabled perpetrators and others to cause more suffering to vulnerable women.27 The issue has been common with relations to DVRO cases.

Perpetrators of violence have been able to obtain DVRO restrictions against women who are victims of gender based violence.
See exhibit 3.2 for an example from the FWCC case files.

Exhibit 3.2: Case Files Case No.

1 Station: Y Y Y Magistrate’s Court Date: 11 May 2017 Details: Victim’s husband applied for DVRO and the court had granted orders in favour of the husband to remove constructed and unconstructed material.

This left the victim with no home to live in even though it was a matrimonial property.

The order was given in the victim’s absence.

Source: Case files obtained from FWCC on 18/04/2018.
3.1.1.1.5 According to the FWCC National survey, the enacted Acts have improved the legal framework for criminalising and prosecuting cases of sexual and domestic violence.28 However, as mentioned above, the gender neutral legislation have had some negative impacts on the vulnerable, poor and victimised women.

24 Fiji National Gender Policy, 2013, paragraph 4.10, p.9.

25 Interview date: 30 January 2018 at FWCC Headquarters, Suva.

26 Fiji Women’s Crisis Centre.

2013.


Somebody’s Life, Everybody’s Business!

National Research on Women’s Health and Life Experiences in Fiji (2010/2011), Chapter 1, Section 1.3.2, paragraph 3, p.17.

27 Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!

National Research on Women’s Health and Life Experiences in Fiji (2010/2011), Chapter 1, Section 1.3.2, paragraph 3, p.17.

28 Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!


National Research on Women’s Health and Life Experiences in Fiji (2010/2011), Chapter 1, Section 1.3.2, paragraph 5, p.16.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 10 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.1.1.6 The issues with gender neutrality is attributed to non-adoption of comprehensive or integrated approach to legislative reform in the area of violence against women29 and non-conduct of Gender-Impact Assessment.

The following paragraphs elaborates on these root causes.
3.1.1.1.7 Non-adoption of comprehensive or integrated approach to legislative reform in the area of violence against women.

3.1.1.1.7.1 Interventions to prevent and respond to the issue of violence against women must take place at multiple levels, as violence against women is multi-causal and multidimensional.30 One strategic tool is through legislative reform.

Therefore, in order to achieve effective legislative reform, the need to adopt a comprehensive or integrated approach is vital.
3.1.1.1.7.2 According to the FWCC national survey, despite the changes to law, Fiji has not adopted a comprehensive or integrated approach to legislative reform in the area of violence against women.31 This issue is evident in other countries in the Pacific region like Vanuatu, Samoa, Cook Islands, Solomon Islands and Federated States of Micronesia (FSM) where legislation and policies to eliminate VAW have been advanced successfully, though typically through a piecemeal rather than a comprehensive approach32 because the changes do not address the full range of gender-based violence or the underlying systematic discrimination against women.33 3.1.1.1.7.3 We also noted that the absence of an integrated and comprehensive approach to legislative reform was highlighted in the Fiji NGO Coalition on CEDAW Parallel Report submitted to the UN CEDAW Committee, in consideration of the Fifth Periodic report of Fiji.
It presented that even though the Government has taken steps through the introduction of the various legislations, gender neutral legislations and policies can have negative impacts on vulnerable and poor victims of domestic violence, in most cases are women and girls.34 Examples of challenges with the legislation are noted in Appendix 1.
3.1.1.1.7.4 FWCC Coordinator noted that the laws exist but it is gender neutral, therefore, it does not recognise the gender nature of domestic violence where it is mostly men that beat up women.

29 Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!

National Research on Women’s Health and Life Experiences in Fiji (2010/2011), Chapter 1, Section 1.3.2, paragraph 1, p.17.
30Violence against Women in Melanesia and Timor-Leste: Progress made since the 2008 Office of Development Effectiveness report.

Ellsberg, Mary, Brian Heilman, Sophie Namy, Manuel Contreras and Robin Hayes.

2011, International Center for Research on Women and AusAID.

Canberra, p.2.

31Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!

National Research on Women’s Health and Life Experiences in Fiji (2010/2011), Chapter 1, Section 1.3.2, paragraph.1, p. 17.
32 Secretariat of the Pacific Community (SPC).

2010a.

Beijing + 15: Review of progress in implementing the Beijing Platform for Action in Pacific Island countries and territories.

Noumea, paragraph 3.4.7, p.63.

33 Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!

National Research on Women’s Health and Life Experiences in Fiji (2010/2011), Chapter 1, Section 1.3.2, paragraph.1, p. 17.
34Shadow NGO Report on Fiji’s Fifth State periodic report to the CEDAW Committee 2016, and the 2017 Concluding Observations Report of the CEDAW Committee, Article 1, Paragraph 2, p.1.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 11 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Exhibit 3.3 Legislations do not recognise the Gender Nature of Domestic Violence “Nearly all surveys show this fact, whether we look at the FWCC national survey, records from social welfare, cases from the courts or even from Police statistics in that most of these violence is gendered (men against women, girls and children)…..there would be a very tiny percentage where women might have caused the violence but it is often almost negligible…..Laws do not recognise that most violence cases are caused by men against women…..” Source: Shamima Ali, FWCC Coordinator – Interview dated 30 January 2018 3.1.1.1.7.5 Moreover, absence of adopting a comprehensive or integrated approach to legislative reform is caused by the limited dialogue with civil society or public consultation.
Research findings have noted that public consultation and support were not part of the Fiji’s legislative process nor has dialogue or cooperation been sought from civil society for implementation.35 3.1.1.1.7.6 In turn, as mentioned in the NGO coalition report to the CEDAW committee, failure to seek dialogue and cooperation from civil societies, would result in significant policy and implementation gaps that have negatively impacted women and girls.
to The Department of Women while agreeing findings and recommendations36 has indicated that as part of their current processes, they has started having consultation and dialogue with CSO’s and NGO’s.

The Department has also added that our audit should also consider the work of the Interagency Taskforce as they have representatives of Government, NGO’s and development partners and also there has been a Ministerial Forum established where they bring in NGO’s, CSO’s and faith based organizations etc.
the audit In terms of reviewing legislation that address Violence against Women (VAW), the Department of Women has agreed that this process has not been done.
However they do not necessarily agree on the findings that consultations between the Ministries and the NGO’s and CSO’s have not been carried out at all and mentioned four instances where dialogue between CSO’s, NGO’s and Women’s Rights organizations have eventuated: Formulation of Service Delivery Protocol (SDP) in 2016;   Preparation of the 5th state CEDAW report;  Preparation for the Beijing Platform for Action +25 which is still yet to be published;  Amendments of the Family Law Act 2012 to include victims in de-facto relationships.
The Department of Women further highlighted that there are plans in the NDP that captures specific legislations that needs to be reviewed.

35Violence against Women in Melanesia and Timor-Leste: Progress made since the 2008 Office of Development Effectiveness report.

Ellsberg, Mary, Brian Heilman, Sophie Namy, Manuel Contreras and Robin Hayes, International Center for Research on Women and AusAID, Canberra, 2011, paragraph 2, .p.

21.

36Post exit meeting dated discussions dated 10th June, 2019.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 12 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Recommendation 1.

The Department of Women should ensure that dialogue with Civil Society Organisations, NGO’s and Women Rights Organisations is strengthened to ensure that legislative reform is conducted in a more integrated and comprehensive manner.
3.1.1.1.8 Non-conduct of Gender Impact Assessment 3.1.1.1.8.1 Gender Impact Assessment (GIA) refers to an ex-ante evaluation, analysis or assessment of a law, policy or programme that makes it possible to identify, in a preventative way, the likelihood of a given decision having negative consequences for the state of equality between women and men.
The main aim of conducting gender impact assessments is to improve the design and the planning of the policy under consideration, in order to prevent a negative impact on gender equality and to strengthen gender equality through better designed, transformative legislation and policies.37 3.1.1.1.8.2 The purpose of the GIA include:     reduce unintended negative consequences for either gender; promote equality (opportunity and outcomes); eliminate existing inequalities; and Include views of different groups of w/m when formulating policies and programmes.38 3.1.1.1.8.3 In addressing violence against women, Governments and other actors should promote an active and visible policy of mainstreaming a gender perspective in all policies and programs so that before decisions are taken, an analysis may be made of their effects on women and men respectively.39 3.1.1.1.8.4 Ensure a regular analysis of the impact of legislation and national policies on women, including the way in which particular laws are being implemented by government and law enforcement agencies, and ensuring that all legislation is gender inclusive.40 3.1.1.1.8.5 The process of GIA involve the steps outlined in Figure 3.2 below.
37European Institute for Gender Equality website, What is Gender Impact Assessment, also available online at: http://eige.europa.eu/gender-mainstreaming/toolkits/gender-impact-assessment/what-gender-impact- assessment.

38Accessed Assessment.pdf?sequence-2&isAllowed=y 39 Beijing declaration and Platform of Action 1995, paragraph 123, p.50.

40 Fiji National Gender Policy, paragraph 5.7 (4), p.18.
http://oasis.col.org/bitstream/handle/11599/1745/2015_Wong_Gender-Impact- online on: PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 13 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Figure 3.2: Gender Impact Assessment Process Step 1: Define Issues and Goals • What is the policy/proposed action trying to achieve?

• Who is it intended to benefit?

(directly and indirectly) • Do the goals and outcomes align with promotion of gender equality?
Step 2: Assess the current situation • Use existing sex-disaggregated data, possible.

• Is there enough data available to assess impact?

• Gather sex-disaggregated data related to the proposed action.

• Identify the different experiences, situations and roles of men and women which might impact on how they get involved in/are affected by this proposed action?

• Consult experts, and different groups of women, men and other groups who might be affected.

• Other relevant info, i.e.

legislation.


Step 3: Assess and describe the • What are the potential impacts on w/m and gender relations?

• Who would be directly targeted or indirectly affected?

• Which m/w in particular groups?

• Participation, resources and rights • What is the difference between anticipated and actual gender impact?

(ex post) Step 4: Identify potential changes • What should be done instead and/or what action could be taken to reduce impact?
• Assess the possibilities and alternatives Source: http://oasis.col.org/bitstream/handle/11599/1745/2015_Wong_Gender- Impact- Assessment.pdf?sequence-2&isAllowed=y 3.1.1.1.8.6 Many countries have used GIA’s in their national context.
For example, the Netherlands, England and Uruguay, used GIA for Policy Development, to identify gender issues and project appraisal respectively.41 3.1.1.1.8.7 It is worth noting that the issue of conducting GIA’s was highlighted by the UN CEDAW Committee in their concluding remarks to Fiji’s 5th State report which was submitted in 29 June 2016.42 3.1.1.1.8.8 In response, the State quoted a passage from the Forward Message of the Honourable Speaker of Parliament in the UNDP and Fiji Parliament Support Projects toolkit.
The toolkit was developed in 2017 to scrutinize legislation from a gender perspective.

Details of the response is presented in Exhibit 3.4 below.

41Accessed Assessment.pdf?sequence-2&isAllowed=y 42 CEDAW Committee concluding remarks to the 5th Fiji State Report to the CEDAW Committee, paragraph 5, p.2.
http://oasis.col.org/bitstream/handle/11599/1745/2015_Wong_Gender-Impact- online on: PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 14 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Exhibit 3.4: State response to CEDAW Committee regarding gender impact assessment The Parliament Standing Orders ensure that gender issues are mainstreamed in the legislative processes.
Standing Order 110-(2) provides that where a committee conducts an activity, the committee shall ensure that full consideration will be given to the principle of gender equality so as to ensure all matters are considered with regard to the impact and benefit on both men and women equally.

Source: Replies of Fiji in relation to list of issues and question to the fifth periodic report of Fiji, 04 January 2018.
3.1.1.1.8.9 The toolkit was developed by the Fijian Parliament with the assistance of the UNDP Fiji Parliament Support Project.43 Moreover, upon reviewing the toolkit, we noted that the toolkit provided four main steps as a guide to scrutinizing legislation from a gender perspective.

The steps are presented in Figure 3.3 below and Appendix 3 identifies the relevant questions to ask at each step of the assessment process.
Figure 3.3: Step-by-step guideline to scrutinizing legislation from a gender perspective STEP 1 STEP 2 Identify the Issue Identify the Evidence available on the Issue.

STEP 3 STEP 4 Establish whether gender has been mainstreamed in the decision making process.

Summarise - What are my conclusions, and what questions do I need to ask during scrutiny?

Source: UNDP & Fiji Parliament Support Project, Scrutinizing legislation from a Gender Perspective: A practical toolkit, 2017.
3.1.1.1.8.10 Our review of the questions to ask at each step of the scrutinizing process revealed that one of the questions at Step 3 is “Can you identify if one gender is likely to be affected more than the other by the change in the law, and to what extent?” With this question alone, it shows that government is a step further into the right direction in terms of legislative reform.
3.1.1.1.8.11 in view of the above, we acknowledge the efforts put in by the Government and the various stakeholders legislation.

This mainstreaming process is however restricted at the legislative level and is yet to be adopted at the ministry and agency levels.

in developing the toolkit to scrutinize 43 UNDP & Fiji Parliament Support Project, scrutinizing Legislation from a Gender Perspective, A practical toolkit, 2017.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 15 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.1.2 Implementation of Legislations 3.1.1.2.1 Problems at the implementation level is another contributing factor to the challenges in effecting legislation and is caused by factors presented in Figure 3.4 below.

Figure 3.4: Causation Factors of Problems in implementation of legislations relating to EVAW Pressure on women to recconcile with husbands/ partners.
Women's lack of knowledge about rights and the law.

Manipulation of law to undermine women's rights.

Source: FWCC National Survey & Fiji Country Gender Assessment 2015.

3.1.1.2.2 Pressure on women to reconcile with husbands/partners 3.1.1.2.2.1 According to the FWCC National Survey, due to pressures on women to reconcile with husbands/partners following incidents of domestic violence, rather than seeking access to justice44, there have been challenges in implementing the legislation.
This is because of the patriarchal culture where domestic violence is seen as almost a social norm.45 3.1.1.2.2.2 These social norms increase the risk of women’s likelihood of experiencing intimate partner violence.

They reinforce gender inequality in Fiji society as well as to norms and practices that condone violence.

46 For example, the Fiji Police Force is responsible for upholding laws against domestic violence and sexual crimes.
However, police officers may also come to their work with ingrained socio-cultural attitudes about women’s and men’s roles in society that may lead them to be dismissive toward victims of physical and sexual violence.47 The following cases are some examples of such incidences.

44 FWCC National Survey, paragraph 2, p.17.

45 Interview with FWCC Coordinator dated 30 January 2018 at FWCC Headquarters, Suva.

46 FWCC National Survey, paragraph 2, p.132.


47 Fiji Country Gender Assessment, 2015, paragraph 5, p.77.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 16 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Exhibit 3.5 Case Files Case No.

1 Station: XXXX Police Station Details: a crimes officer at the XXXX Police Station did not charge the victim’s husband because the victim committed adultery.
Accordingly, after the counsellor informed him that adultery was no excuse for the victim’s husband to physically abuse her and that she was still getting harassed by him 2 weeks after the abuse, the Crimes officer responded harshly to the counsellor and said for her not to tell him how to do his job.

Date: 13 September 2016 Case No.


2 Date: 31 July 2014 Station: WWWW Police Station Details: The police officer who attended to the victim tried to reconcile the matter and was forcing her to stay with her husband when she wanted to leave.

The victim’s bags were already packed but the gates remained locked.

Case No.

3 Station: DD Police Station Details: The victim had a “Non-Contact” DVRO and the partner breached this order.
When she reported, the police were reluctant to take the report and didn’t pay attention to the Non-Contact Orders in place.

They placed the victim in a risky situation by putting the victim and the perpetrator in the same room at the station.

During this time, the perpetrator swore at the victim, which the Police ignored.

The police pressured the victim to reconcile with the perpetrator and no charges were laid against the perpetrator.
Date: 13 December 2017 Source: Case files obtained from FWCC on 18/04/2018.

3.1.1.2.2.3 In addition, according to the Fiji country gender assessment of 2015, some religion and media outlets have been promoting traditional and conservative views about female subservience suggesting that it is acceptable for men to “discipline” women who challenge the status quo.
But, given the multicultural society that is evident in Fiji, the assessment report stipulated that this attitude may vary from one ethnic group to another.
For example, in some Indo Fijian communities, it is often believed that the task of molding and disciplining a woman to ensure that she maintains her role as an obedient wife lies with her in-laws.48 3.1.1.2.2.4 Gender based violence will continue to prevail in the country unless and until entrenched social norms and mind-sets about women’s roles and status are appropriately challenged and changed.49 Therefore, prevention programs geared towards this area would ensure its effective implementation and positive outcomes.
Discussion with the Fiji Police Force during our exit meeting50 reiterated that they have a “No Drop Policy” in place.

This policy stipulates that any cases reported to Fiji Police Force has to go through proper procedures of prosecution in the court.

As discussed in section 3.1.2.7 of this report, the FPF “No Drop Policy” was being reviewed and is yet to be finalized.
We also requested51 for the number of cases reported to Police with respect to crimes against women in terms of those that: i) have successfully been prosecuted in court; 48 Fiji Country Gender Assessment, 2015, paragraph 2, p.77.

49 FWCC National survey, paragraph 1, p.7.

50 Dated 30th May, 2019.

51 Dated 11 June 2019.


PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 17 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI ii) iii) are still pending; and were unsuccessful /dropped and reasons for the cases being dropped.

This detailed request was also not made available.


In a second response to audit regarding case files about the police officers’ conduct, the Fiji Police Force revealed that they hold regular online video conferences for briefing in which identified police stations are informed about police officers’ conduct in response to domestic violence cases.

Minutes of online video conference calls were not made available for audit review.

However verbal instructions from the Commissioner are documented.
All issues pertaining to Compliance, Professional Standards, Guidelines, Policies, Directives and Investigations are discussed during briefings.

The Internal Affairs Unit at Fiji Police Force is responsible for conducting investigations on police behavior while rendering services to public.

With that, Internal Affairs Unit have carried out a lot of investigations on the cases of police behavior in rendering service to the public.
Deputy Commissioner of Police informed that they will have to confirm the three cases reported with the Internal Affairs Unit on whether investigation has been conducted and the outcome of the investigation.

We forwarded52 the list of cases received from FWCC which included the three cases noted in Exhibit 3.5 above, to the Fiji Police Force to determine the status of investigations for each case.
We were informed that the case file reported by FWCC do not include a report number from which the Fiji Police Force can use to trace it with the Internal Affairs Unit.

Therefore, it will be difficult to trace the cases as majority of the Fiji Police Department documentation and processes are still being done manually.

The Chief Planning & Internal Affairs Officer discussed that for the past three years, police officers underwent training and gaps were identified on the sexual offenses matters.
However we were not able to obtain53 the training reports and weekly lectures conducted or any assessment on the results and outcomes of the training.

The Fiji Police Force have committed their resources and time in community policing and they believe that these matters need to be strengthened further in particular to the three police stations mentioned in Exhibit 3.5 of this audit report.
Upon requesting54 for evidence of the increase in resources committed for Community Policing, especially trend on the percentage increase in resources from 2014 to 2017, we noted from the response of the Fiji Police Force that:   Fiji Police Force has corporate KPI’s specifically tagged to women and child related crimes.
These include Reducing Violence against Women by 10% and Reducing Violence against Children by 10%; There exists a Memorandum of Understanding with the Ministry of Women, Children and Poverty Alleviation (MWCPA) to tackle the issue of violence against women and children; 52 Dated 11 June 2019.

53 Dated 11 June 2019.

54 Dated 11 June 2019.


PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 18 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI  The Fiji Police Force has a mutual understanding and a working relationship with a number of agencies both Government and Civil Society Organisations on the agenda which include UN Women, UNICEF, FWCC, FWRM and MSP;  Other internal strategies and initiatives include: i. ii.

iii.

iv.

v. vi.

vii.


the participation of women implementation through village and school DUAVATA Concept visitations, awareness, tikina meetings, victim support, etc.

; Advocating the Community Policing approach through the five pillars of Sports, Music, Religion, Vanua and Youth; Strengthening Wives/Mothers Club and the Fiji Police Women’s Network; Increase in media awareness (e.g.
Crime Stoppers, Talk back shows, brochures, Newspaper publications, media releases); Smart Visibility Patrols on Hotspots/Red Zones; Attending workshops and training organised by FWCC in partnership with UNDP or other relevant organisations on ending violence against women and children; and In partnership with the Social Welfare in the ‘Loloma Project’ [Child Begging/ Labor].

through Police The recent Restructure & Reform of the FPF will add value to the above initiatives.
Assessment of the data contained in the annual reports of the Fiji Police Force for the three years (2014 to 2016) noted that the target to reduce crimes against women and children by 10% is yet to be achieved.

Year 2014 2015 2016 Percentage Increase in Crimes against Women +1% +1% -2% Percentage Increase in Crimes against Children +5% +12% -2% As shown above, the trend in crime against women and children was increasing in the years 2014 and 2015.
Even though there is a reduction in crimes against both women and children by 2% in 2016, overall the Fiji Police Force has not achieved its target of achieving 10% reduction in crimes against both women and children.

As for the Memorandum of Understanding between Fiji Police Force and Ministry of Women Children and Poverty Alleviation, it was noted that the MOU has expired in 2018 which was pointed out after the post exit meeting with MWCPA55.
We were informed that there are plans to renew the MOU but it is still in discussion.

In addition, we requested56 that evidence be provided of the concept of mutual understanding with agencies both Government and CSO’s as well as the other internal strategies and initiatives such as the DUAVATA Concept, and the other strategies listed from (ii) to (vii).

But this was not provided to audit.


Training workshops are currently being undertaken to the upskill of police officers internally at the academy with the involvement of CSO’s, the partnership with Australia Federation Police (AFP), and courses supported by UN in which a CEO of a women’s NGO, Ms Shamima Ali, conducted these courses with the Fiji Police Force.

Deputy Commissioner of Police informed us that there should be no excuses by Police Officers about the matters, 55 Dated 10 June 2019.
56 Dated 27 June 2019.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 19 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI as they have access to all the trainings, and workshops provided by CSO’s.

Upon requesting57 for training plans/schedules for the years 2014 to 2017, we were informed that there were trainings facilitated by FWCC on UN and AFP courses and that the Fiji Police Training Calendar for the year 2018/2019 would be made available for audit review.
Subsequently our request58 on the training schedules or reports regarding the trainings from FWCC and the 2018/2019 Fiji Police Training calendar was not facilitated.

The Department of Women agreed to the findings and recommendations59 and added that the work on the Service Delivery Protocol (SDP) was more on intervention and they have not much on the prevention strategies, that is, the SDP is an example of an intervention strategy.
However, with the Zero Tolerance Violence Free Community (ZTVFC) program, there are a lot of awareness being conducted in the communities which is a preventative mechanism for EVAW, even though they acknowledge that there are cases reported, but as part of awareness, they also capture the prevention side.

Even in some of the communities that they have visited, there is a lot of awareness sessions.

Recommendation 2.
Recommendation 2.

The Department of Women should ensure that:  prevention programs focus on the prevention of coercive control and emotional violence, as well as physical and sexual violence, in addition to actively promoting the rights of women and girls; and  Awareness and prevention programs are be delivered in such a way that deliberately challenges the patriarchal way of thinking for both men and women.

3.
3.

The Fiji Police Force should ensure that:   the No Drop Policy for all offences against women and children are dealt with in a systematic and consistent manner; and Police officers on the ground are skilled to respond expeditiously and sensitively to all cases of violence against women.
3.1.1.2.3 Lack of knowledge of legislations 3.1.1.2.3.1 In addition to the pressure from service providers that women go through to reconcile with the perpetrator, their lack of knowledge on legislation as well as their human rights60, leads to problems with implementing the laws.

This is particularly for the Domestic Violence Act.
3.1.1.2.3.2 Research findings reveal that women living in remote areas are prone to more violence and the fact that they have limited knowledge of available services and legislation, makes them more vulnerable.61 According to a 2005 survey conducted by the World Health Organisation’s (WHO) Multi-country study on Women’s Health and Domestic Violence against Women, it stated that “other studies have indicated that women living 57 Dated 11 June 2019.

58 Dated 27 June 2019.


59 Post exit meeting discussions dated 10th June, 2019.

60 Fiji Country Gender Assessment, 2015, paragraph 1, p.77.

61 Fiji Country Gender Assessment, 2015, paragraph 3, p.77.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 20 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI in violent relationships often experience feelings of extreme isolation, hopelessness and powerlessness that makes it particularly difficult for them to seek help”.
62 With the WHO findings, the FWCC National survey concluded that according to observations from their staff, these forms of isolation are prevalent with many rural women.

It noted that due to poverty and controlling actions from the perpetrators, these rural women do not even get an opportunity to come into the nearest towns to seek help.
This in turn makes it more difficult for them to know about services that are available, and how it is accessed63, as well as their rights and legislation that were established for their protection.

3.1.1.2.3.3 Concurrently, the lack of knowledge from service providers, particularly the police officers also adds to the problem.
64 For example, there was a case in a Police Station that eventuated on 07/04/2015, where a woman living in a very abusive relationship was unable to escape and to report the matter to the police.

Her husband would follow the victim around if she left the house and would forcefully take her back home when she tried to seek help.

The victim finally managed to escape during her husband’s absence and she went to a Police Station to report against her husband’s ongoing abuse.
She was informed by a police officer that nothing can be done in her case unless and until her husband harms her in any way that will leave visible injuries.

The victim returned home and was beaten up again because her husband had found out that she had attempted to lodge a report against him.

Fortunately, on the same week, the victim’s neighbour informed her of services provided by FWCC and brought the victim to the centre.
The victim was provided with therapeutic counselling and continuous support from the centre.

She took out a DVRO against the husband and was granted the standard non-molestation condition in the order.

The victim’s husband has not abused her verbally, emotionally and physically again since he was summoned to appear in court for the DVRO.65 Due to the officer’s non-sensitive behaviour and non- consideration of the seriousness of the case, the victim was beaten up again by the husband.
3.1.1.2.3.4 The above findings underline the importance of having more outreach and awareness programs that reinforce women’s rights to get help and stop the violence.

Also the need for forefront line service providers to be trained to respond sensitively and without blame so that women are encouraged to seek help66.
In addition, law enforcement agencies should be well-trained with the provisions set forth in the relevant legislations so that they are fully aware of the procedures to undertake when responding to victims of gender based violence.

The Deputy Commissioner of Police informed67 that the lack of knowledge of Legislations is not an issue.

This is justified by the number of awareness that they have carried out within and, to the extent the policy awareness have reached out to the 62 WHO.
2005. WHO Multi-country Study on Women’s Health and Domestic Violence against Women: Initial results on prevalence, health outcomes and women’s responses.

By Claudia García-Moreno, Henrica A.F.M.

Jansen, Mary Ellsberg, Lori Heise and Charlotte Watts.

WHO.

Geneva, p.79 63 FWCC National survey, paragraph 3, p.121.

64 Fiji Country Gender Assessment, 2015, paragraph 3, p.77.

65Case files obtained from FWCC on 18/04/2018.


66 FWCC National Survey, paragraph 5, p.121 67 Exit meeting dated 30/05/2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 21 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI communities and faith based organizations.
Upon requesting68 for training reports for the total number of awareness for FPF carried out within the Force from 2014 to 2017 as well as the total number of awareness carried out in communities and faith based organizations from 2014 to 2017 and how many of these awareness programs are on policy awareness, we were informed that the Internal Affairs HQ and Divisional Internal Affairs personnel conduct weekly counselling & lectures to all police station personnel around the country on service delivery, system & processes and procedures.
However, our request69 for evidence on the weekly counselling & lectures was not facilitated by the Force.

Deputy Commissioner of Police informed that the main causes of the problem is the non-adherence to instructions and policies of the Fiji Police Force.

Deputy Commissioner of Police also advised that the society need to change their perception when it comes to policy awareness on the issue of gender.
The joint effort with other Ministry, Departments and Civil Society Organizations need to be strengthened to allow the society to accept the fact of the new policy on violence against women.

The Department of Women agreed to the audit findings and recommendations.

70 Recommendations 4.

The Department of Women should ensure that:  More attention is given to targeting isolated and vulnerable communities where various research findings have shown that women and girls to be at the greatest risk.
 More effective awareness programs especially on the rights and the various laws and services available to women are implemented at the targeted high risk areas.

5.

The Fiji Police Force should ensure that:  Police officers undergo adequate legal trainings so that the various provisions in the legislation are fully understood.

 A more comprehensive and systematic approach for gender trainings are planned to include training and consultations with NGOs and other gender and women’s groups.
 Necessary records are maintained for trainings and awareness carried out which are readily made available for audit and other reviews.

3.1.1.2.4 Manipulation of law to undermine women’s rights 3.1.1.2.4.1 Problems at the implementation level is also attributed to the fact that it is often manipulated by the perpetrators to undermine women’s rights.
3.1.1.2.4.2 The FWCC National survey also found that given the new development in laws to be “gender neutral”, this has also opened up for those with more economic power and 68 Dated 11 June 2019.

69 Dated 27 June 2019.

70 Post exit meeting discussions dated 10th June, 2019.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 22 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI knowledge to be able to manipulate their situations to their advantages which could cause the victims of gender violence to face more difficulties.

The “gender neutral” legislations are framed as such that enables both men and women equal rights under the law to seek DVRO’s.
3.1.1.2.4.3 The findings from the FWCC National survey was supported and raised in the NGO shadow report to the CEDAW Committee in consideration of the States 5th period report which focused on the Domestic Violence Act.

It highlighted that the major reason for the ability of the legislation to be manipulated was because of the “gender neutral” nature of the Act.
The report further cited that in making the Domestic Violence Act gender neutral, there have been several unintended consequences which includes the use of the Domestic Violence Act to remove their female partners from the matrimonial home by obtaining residential DVRO’s.
The report also pointed out other reasons for the higher risk of manipulation of legislation which were due to the lack of knowledge by women but greater knowledge of the legal process by perpetrators, men’s higher earning capacity, no restrictions on leaving the home, and benefits from favorable attitudes of law enforcement towards men.71 3.1.1.2.4.4 The findings show that new legislations can be counterproductive in assisting gender violence victims because women are the vast majority of victims of domestic violence.
Maintaining the gender neutrality of the laws and legislations that address violence against women can always leave women disadvantaged and increases their risk of being subjected to violence.

The Department of Women have agreed to the findings and recommendations72 Recommendation 6.
The Department of Women should ensure that dialogue with Civil Society Organisations, NGO’s and Women Rights Organisations must be strengthened to ensure that legislative and policy reform is conducted in a more integrated and comprehensive manner.

3.1.1.3 Women’s Use of legislation 3.1.1.3.1 Documentary review revealed that the low use of legislation by women has also led to challenges in effecting legislations.
3.1.1.3.2 Despite the promising legislative environment in Fiji, it is still noted that the use of these laws by women for their own protection is low due to the lack of awareness, social stigma and fear of repeated violence.73 71 2016 Shadow NGO Report on Fiji’s Fifth State periodic report to the CEDAW Committee, and the 2017 Concluding Observations Report of the CEDAW Committee, Article 1, Subsection 2 (d (i))p.4 72 Post exit meeting discussions dated 10th June, 2019 73 Fiji Country Gender Assessment, 2015, Section 7.2, paragraph 1, p.75.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 23 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.1.3.3 On the other hand, according to the FWCC National survey it was revealed that the main reasons that prevent women from seeking help are due to the following factors with percentage responses captured in Figure 3.5 below: i.

Violence seen as being normal and not serious; ii.

Fear and threats of more violence; iii.


Embarrassed, ashamed, afraid she would not be believed; iv.

Thought of bringing a bad name to the family; v. Afraid their relationship would end; and vi.

Afraid to lose children.


Figure 3.5: Causes of failure of women seeking help 7% 8% 9% 13% 23% 40% Violence was normal, not serious Fear and threats of more violence Embarrased, ashamed, afraid she would not be believed Bring bad name to the family Afraid would end the relationship Afraid would lose children Source: FWCC National Survey, p.116.
3.1.1.3.4 The above figure suggests that the highest percentage of women, making up 40% of the respondents, do not seek help because of the ingrained thought that the violence is normal, hence it has not reached a crisis point.

Therefore it is not serious enough to draw any attention.

Furthermore, because of fear and threats of more violence, 23% choose rather to keep silent about the violence that is happening.
On the other hand, while 13% do not seek help because they feel embarrassed, ashamed, and afraid of not being believed, the remaining 24% refuse to seek help because of the thought that this would bring a bad name to the family, fear of losing their children and that their relationship would end.

3.1.1.3.5 All these findings demonstrate that there is a high tolerance for men’s violence against women.
Therefore, an acceptance of the view that men have an entitlement to exert power over women leads to the acceptance of gender inequality.

The Department of Women have agreed to the findings and recommendations.74 74 Post exit meeting discussions dated 10th June, 2019.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 24 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Recommendations 7.
-(i) The Department of Women should continue to collaborate with Civil Society Organisations (CSO’s), NGO’s, Women’s Rights Organisations and other bodies in order to provide sufficient awareness to women to excise their rights under the laws when victimised; and (ii) to “unlearn” old beliefs that perpetuate domestic violence such as acceptance of violence from husbands and other beliefs as shown in Figure 3.5.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 25 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.2 Policy Environment for EVAW 3.1.2.1 The Beijing Declaration and Platform of Action proposes that it is essential to design, implement and monitor, with the full participation of women, effective, efficient and mutually reinforcing gender-sensitive policies and programs, including development policies and programs, at all levels that will foster the empowerment and advancement of women.75 3.1.2.2 States should pursue by all appropriate means and without delay a policy of eliminating violence against women.76 3.1.2.3 Table 3.2 details the different policies and procedures that aim to eliminate violence against women.
Table 3.2: Policies and procedures governing practices for ending violence against women Legislation National Gender Policy No Drop Policy Fiji National Service Delivery Protocol for responding to cases of Gender Based Violence.
Aspects linked to Elimination of Violence against women The National Gender Policy includes general direction on ending discrimination against women as well as specific objectives to “identify and strengthen institutions in Fiji which promote and protect the human rights of women, in particular relation to gender-based violence”.

This supports the National Women’s Action Plan, which has the elimination of violence against women as one of five key action areas.
The ministry is partnering with other government agencies as well as donors, the UN, and nongovernment organizations to raise awareness of women’s human rights and the laws relating to violence against women and children.77 This is the only other policy specific to violence against women, which gives specific direction to the Fiji Police Force on how to carry forward domestic violence cases when the plaintiff has withdrawn a complaint.78 The genesis of this policy was to address the risk of undue pressure being placed on victim/survivors by perpetrators and the perpetrators’ family or others acting on the perpetrators’ behalf to withdraw their statements or complaint.
The effect of police continuing with their prosecution relieves victim/ survivors of this burden.

The Fiji Police Force is required by law to fully investigate all cases of domestic violence and bring the offenders to court.

This policy applies to police officers too who are under no circumstances permitted to reconcile perpetrators with victims.79 Had been formulated after a series of consultation with key government ministries and departments, non-government organizations and service providers.
Divisional consultations were held in the Eastern, Central, Western and Northern Divisions.

The first draft was discussed at this consultation and was refined through consultation with key agencies.

A national validation workshop was undertaken in May, 2017 to finalize the Protocol and was attended by key Stakeholders from government and Non-Government Organizations.

The Protocol is in its final form for endorsement.


In regards to training, UN Women has committed to provision of funding for the Training of Trainers on the Protocol as part of its roll out phase.

The implementation of the Protocol will be part of the respective Service Providers role as continuation of services, however, this Protocol will strengthen the delivery of those roles.80 75 Beijing declaration and platform of action 1995, paragraph.

19, p.3.
19, p.3.

76 UN Declaration on the Elimination of Violence against women (DEVAW), article 4.

77 Fiji Country Gender Assessment 2015, Section 7.3, paragraph 2, p.78.

78 Fiji Country Gender Assessment 2015, Section 7.3, paragraph 1, p.78.

79 Fiji National Service Delivery Protocol for Responding to Cases of Gender Based Violence 2018, p.13.

80 Replies of Fiji in relation to list of issues and questions to the fifth periodic report of Fiji, 04 January 2018, paragraph 28, p.7.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 26 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.2.4 Our review of the policies in place revealed that there was no specific policy developed for the Elimination of Violence against women (EVAW).

However, audit review of the EVAW Taskforce meeting minutes 81 revealed that a resolution was passed that an EVAW section will be incorporated in the National Gender Policy.
3.1.2.5 Therefore, overarching direction on EVAW comes from the National Gender Policy and is managed by the Ministry of Women, Children and Poverty Alleviation (MWCPA).82 Upon review of the actual policy, we noted that section 5.18 of the National Gender Policy is dedicated entirely to addressing Gender Based Violence.

3.1.2.6 Given that the Service Delivery Protocol has just been finalized83, we acknowledge that its implementation cannot be assessed just as yet.
However we found out that there were issues noted regarding the review and coordination process of the No Drop Policy and the National Gender Policy and this is detailed in the following paragraphs.

3.1.2.7 Review of Policies addressing EVAW 3.1.2.7.1 Policy review and revision is a crucial part of an effective policy and procedure management plan84.
3.1.2.7.2 Conduct an ongoing review of all legislations and policies relevant to women and gender equality.85 3.1.2.7.3 We gathered during our audit that since its establishment in 1995 and re-affirmation in 2013, the Fiji Police Force “No drop policy” has not been reviewed.
However, discussions86 with officials at the Fiji Police Force revealed that they have just completed the review process and the revised policy is still in its draft stage.87 3.1.2.7.4 In addition, while we acknowledge the establishment of the National Gender Policy coupled with the need to improve in some areas of the implementation of the policy across Ministries and Departments in Fiji (implementation relating to EVAW discussed in the next section), the policy has not been reviewed since its adoption in 2014.
3.1.2.7.5 Untimely review of policies would result in the responsible authorities having difficulty in enforcing requirements as they have become irrelevant due to change in time.

The review of the no Drop Policy is still ongoing and is yet to be finalised.88 It is expected that awareness and training about the no drop policy will be conducted after it is finalized to ensure its effectiveness.
The Department of Women have agreed to the audit findings and recommendations89 81 Meeting minutes dated 11/04/2013, 04/06/2013 and 16/12/2014.

82 Fiji Country Gender Assessment 2015, Section 7.3, paragraph 1, p.78.

83 Cabinet endorsement dated 30 January 2018.

84 Best Practice – Power DMS website, Why is it important to review policies and procedures, also available online at: https://www.powerdms.com/blog/why-it-is-important-to-review-policies-and-procedures/ 85 National Gender Policy 2014, paragraph.
5.7 (2), p.18.

86 Discussion with Principal Research Officer on 19/04/2018.

87 Draft copy was received on 19/04/2018.

88 Enquiry dated 11 June 2019.

89 Dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 27 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Recommendations 8.

The Department of Women should ensure that policies relating to VAW are regularly reviewed in consultation with relevant stakeholders; and 9.
The Fiji Police Force should finalize the “No Drop Policy” and train police officers on it.

3.1.2.8 Policy Coordination in addressing EVAW 3.1.2.8.1 In order to effectively work towards ending violence against women, States should build and sustain strong multi-sectorial strategies, coordinated nationally and locally.90 3.1.2.8.2 We noted that coordination and institutional strengthening were documented under section 5.18, paragraphs 13 to 18 of the National Gender Policy.
3.1.2.8.3 The Asian Development Bank (ADB) in their 2015 report of Fiji’s Country gender Assessment noted that coordination efforts amongst stakeholders needs to be strengthened.

3.1.2.8.4 Detailed in Table 3.3 below are the coordination and institutional actions that are to eventuate as outlined in section 5.18 of the National Gender Policy.
Table 3.3: Coordination and Institutional Actions for EVAW outlined in the National Gender Policy Coordination and institutional action Establish functional collaborating protocols among social service agencies dealing with persons affected by gender based violence, and strengthen their response capacity.
Strengthen the Sexual Offences Units, to be operated by trained gender Awareness officers at police stations, to increase the level and quality of reporting of sexual offences, and to ensure that victims are appropriately assisted and supported through the investigative process.

Monitor the effectiveness of the no drop policy in domestic violence cases in the Fiji Police Force.

Expand the Police Zero Tolerance Violence Free Community Projects.
Institute legal literacy programs for health care workers, with a focus on gender Based violence.

Analyze the effectiveness of the Domestic Violence Act 2009 and ensure continuing review of its provisions based on the effectiveness of the implementation of the law.
Coordination Exists Yes Yes No Yes Yes No 3.1.2.8.5 It has been four years since the establishment of the National Gender Policy in 2014 which is sufficient enough to form strong coordination initiatives to address the issue of violence against women.

It is therefore pleasing to see that based on the evidence gathered during our audit, coordination exists in four out of six coordination initiatives outlined in the National Gender Policy regarding gender based violence.
However, there is still room for improvements with respect to the following initiatives: 90 Study from the Secretary General, ending violence against women, from words to action, 2006, paragraph 4, p.(vi).
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 28 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI  Monitoring the effectiveness of the No Drop Policy in domestic violence cases in the Fiji Police Force; and  Analysing the effectiveness of the Domestic Violence Act 2009 and ensure continuing review of its provisions based on the effectiveness of the implementation of the law.

3.1.2.8.6 We acknowledge the efforts carried out so far by the various stakeholders.
However, coordination still needs to be strengthened in other facets (as described in paragraph 3.1.2.8.5 above) regarding gender based violence.

The Department of Women has agreed to the audit findings and recommendations.91 Recommendations 10.

(i) An inclusive and coordinated approach to the review and evaluation of policies and regulations should be spearheaded by the Department of Women to update them.
(ii) The Fiji Police Force should conduct awareness and trainings on the provisions of the Domestic Violence Act and subsequently monitor and evaluate its effectiveness as per the National Gender Policy.
3.1.3 International, Regional and National Commitments to ending VAW 3.1.3.1 Fiji has ratified the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) on 28 August 1995 obliging it to work towards the modification of its constitution and legislation to accord with the articles of CEDAW.
92 The CEDAW, known as the international bill of rights for women, remains the most comprehensive international human rights instrument addressing discrimination against women in a wide range of areas.93 3.1.3.2 Amongst others, but with focus on combating violence against women, other international I. II.
and regional obligations that Fiji has committed itself to include: The Beijing Declaration and Platform of Action (BPA); The Millennium Development Goals (MDG’s) now known as the Sustainable Development Goals (SDG’s); and Regional Agreements such as the Revised Pacific Platform for Action (RPPA).

III.

3.1.3.3 Therefore, in order to fulfil these international and regional obligations, the Women’s Plan of Action (WPA) was developed in the aim of following through with these State commitments.
The Women’s Plan of Action identifies broad directions for action by Government, and also its stakeholders and development partners.94 91 Post exit meeting discussions dated 10th June 2019.

92Translating CEDAW into law: CEDAW legislative compliance in nine Pacific island countries/ Vedna Jivan and Christine Forster.

– Suva, Fiji: UNDP Pacific Centre: UNIFEM Pacific Regional Office, 2006, Chapter 3.1, paragraph 1, p.165.
93Translating CEDAW into law: CEDAW legislative compliance in nine Pacific island countries/ Vedna Jivan and Christine Forster.

– Suva, Fiji: UNDP Pacific Centre: UNIFEM Pacific Regional Office, 2006, Chapter 3.1, paragraph 1, p. (i).

94 Women’s Plan of Action 2010-2019, paragraph 1, p.9.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 29 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.3.4 Alignment of Action Plan to International, Regional & National Commitments 3.1.3.4.1 Action Plan involves a sequence of steps that must be taken, or activities that must be performed well, for a strategy to succeed.

An action plan has three major elements which consists of: I. II.

III.
III.

Specific tasks – What will be done and by whom; Time Horizon – When will it be done; and Resource Allocation – What specific funds are available for specific activities?95 3.1.3.4.2 The ultimate goal of an action plan is to allow ideas or activities to be focused and to decide what steps need to be taken in order to achieve particular goals.

Moreover, it is more or less a statement of what is to be achieved over a given period of time.
96 3.1.3.4.3 The Women’s Plan of Action (WPA) will be the vehicle for the fulfilment of Fiji’s obligations to international and regional commitments such as CEDAW, the Beijing Platform for Action and the Revised Pacific Platform for Action, in the ultimate interests of families, communities and all peoples in Fiji.97 3.1.3.4.4 However, it is worth noting that the CEDAW provisions were more driven towards State parties’ legislative compliance in terms of efforts made by Government in establishing legislation that will help eliminate discrimination against women.
On the other hand, the WPA was developed specifically in response to the Beijing Declaration and Platform for Action.

3.1.3.4.5 In the following paragraphs we examine Fiji’s compliance to CEDAW separately from the other action plans.

Further, we examine the national action plan in relation to international and regional action plans.

We also present findings from evaluating implementation of the sustainable development goals and the national development plan.
In addition, discussions will address the transitional change from WPA 1 to WPA 2.
3.1.3.4.6 Compliance to CEDAW Provisions 3.1.3.4.6.1 State Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.98 3.1.3.4.6.2 Among the international human rights treaties, the Convention on the Elimination of all forms of Discrimination against women (CEDAW) has taken an important place in bringing the female half of humanity into the focus of human rights concerns.
The 95Best Practice - Business dictionary, available online at: http://www.businessdictionary.com/definition/action- plan.html 96 Best Practice - Kent University website, Action Planning, United Kingdom, also available online at: https://www.kent.ac.uk/careers/sk/skillsactionplanning.htm 97 Women’s Plan of Action 2010-2019, paragraph 3, p. 5.

98 CEDAW Article No.
3 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 30 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Convention sets legally binding obligations to the State parties and sets the international standard for what is meant by equality between men and women.99 3.1.3.4.6.4 While scanning through the obligatory articles of CEDAW, we noted that there were no specific provision articulating how state parties are to address the issue of violence against women.
On the other hand, it does place a lot of emphasis on the need for State parties to ensure that women are not discriminated against.

More so, it is believed that gender based violence has been recognized as a form of discrimination as it is both a cause and consequence of gender inequality and inhibits women’s ability to enjoy and exercise their human rights and fundamental freedoms.
100 3.1.3.4.6.5 Documentary review revealed that there was a report published in 2007 by UNDP and UNIFEM with relation to Fiji’s legislative compliance with CEDAW called Translating CEDAW In to Law, CEDAW Legislative Compliance in Nine Pacific Island Countries.

The assessment of Fiji’s legislation were based on 113 compliance indicators.

An overview of the results is depicted in Figure 3.6 below.

Figure 3.6: Fiji’s Legislative compliance to CEDAW Provisions.
Non Compliance 34% Full Compliance 43% Partial Compliance 23% Source: Translating CEDAW into law: CEDAW legislative compliance in nine Pacific island countries/ Vedna Jivan and Christine Forster.

– Suva, Fiji: UNDP Pacific Centre: UNIFEM Pacific Regional Office, 2006.

3.1.3.4.6.6 The above diagram shows that in 2006, out of the 113 indicators, Fiji has fully complied with 49 (43%) of the indicators, partially complied with 26 (23%) and is non-compliant with the remaining 38 (34%) indicators.
3.1.3.4.6.7 The above results were also quoted in Fiji’s combined 2nd, 3rd and 4th periodic report to the CEDAW Committee.
However, audit review of Fiji’s compliance to CEDAW report 99 Statement to the Hague Forum 8-12 February, 1999, Role of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in Realization of Women’s Reproductive Health, Sexual Health and Reproductive Rights, also available online at: http://www.un.org/popin/icpd/icpd5/hague/cedaw.pdf 100 Australian Human Rights Commission website, available online at: https://www.humanrights.gov.au/our- work/sex-discrimination/projects/violence-against-women.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 31 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI revealed that the “assessment of Fiji’s compliance is based on the law in effect as at 30 December 2006”101.
3.1.3.4.6.8 It is noted that the enactment, amendments and revisions of legislation that address the issue of discrimination against women, for example, the Family Law Act 2003 and the Domestic Violence Act 2009, was Government’s aim to bring it in line with the provisions of CEDAW.
3.1.3.4.6.9 More so, as discussed in this reports preceding sub-sections regarding the challenges in effecting the various legislations that have been enacted, revised or amended, there should be coordinated efforts in place to undertake an independent review of Fiji’s legislative compliance to CEDAW provisions.

However, more than a decade has lapsed and there has not been any independent reviews conducted by the lead agencies on women issues regarding Fiji’s legislative compliance to the CEDAW provisions.
3.1.3.4.6.10 Legislative reviews to CEDAW should be conducted by the Department of Women using reliable sources of indicators such as provided in the UNDP and UNIFEM report above.

This is to ensure that the State is aware of its status in terms of legislative compliance to CEDAW.

Moreover, since States are obliged to comply with the CEDAW provisions as it is legally binding, failure to do so may warrant attention from the international community which could be detrimental to the nation as a whole.
The Department of Women noted102 that they have established a Ministerial Forum since 2014 which is chaired by the Minister and also the compilation of the Beijing Platform for Action review report which actually had a wide consultation.
According to the Senior Women Interest Officer, the Department of Women is actually strengthening coordinated efforts with relevant stakeholders through the drafting of Terms of Reference of the forum to conduct reviews on Fiji’s legislative compliance to the CEDAW provisions.
The Department of Women further stated that the review carried out by UNDP and UNIFEM would be the best one yet and the Ministry is not planning to conduct a similar review because the only issue that the Ministry is working in accordance to is the CEDAW concluding remarks/recommendations.
The Department added that the only reviews that would be conducted would be the ones done internally, as it will be part of their overall strategy to get their Beijing Plan of action (BPA) +25 review report and CEDAW follow-up report out.

So for the current situation in Fiji, the Department of Women stated that the Beijing Plan of action (BPA) +25 review would be the most suitable one as it would contain all the relevant indicators.
The Department of Women reiterated that the review of CEDAW provisions will be part of their process anyway going towards the CEDAW report which is due in 2022 and since the follow-up exercise on the 5th State CEDAW report will be due in a year as well, reviews will be done nevertheless.

101Translating CEDAW into law: CEDAW legislative compliance in nine Pacific island countries/ Vedna Jivan and Christine Forster.
– Suva, Fiji: UNDP Pacific Centre: UNIFEM Pacific Regional Office, 2006, chapter 3, section 3.1, paragraph 1, p.165.

102 Post exit meeting discussions dated 10th June 2019.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 32 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Recommendation 11.
The Department of Women should ensure that efforts are coordinated with stakeholders such as NGO’s and CSO’s to conduct reviews on Fiji’s legislative compliance to the CEDAW provisions, based on the most appropriate indicators similar to the one used in the UNDP and UNIFEM review report.
: 3.1.3.4.7 Alignment of Action Plan to International and Regional Plan of Action 3.1.3.4.7.1 The Women’s Plan of Action (WPA) will be the vehicle for the fulfilment of Fiji’s obligations to international and regional commitments such as CEDAW, the Beijing Platform for Action and the Revised Pacific Platform for Action, in the ultimate interests of families, communities and all peoples in Fiji.103 3.1.3.4.7.2 We noted that there were two plans of action, one was developed at the international level (Beijing Platform of Action) and the other at the regional level (Pacific Platform of Action).
3.1.3.4.7.3 The objective of the Beijing Platform for Action is the empowerment of all women.
The implementation of this platform, including through national laws and the formulation of strategies, policies, programmes and development priorities, is the sovereign responsibility of each State, in conformity with all human rights and fundamental freedoms, and the significance of and full respect for various religious and ethical values, cultural background and philosophical convictions of individuals and their communities should contribute to the full enjoyment by women of their human rights in order to achieve equality, development and peace.104 3.1.3.4.7.4 The rationale for developing the Pacific Platform for Action on the Advancement of Women and Gender Equality (PPA) as a regional platform in addition to the global platform, was to ensure it included issues of particular relevance to Pacific women and reflected the context of their lives.105 3.1.3.4.7.5 While the BPA and WPA had Elimination of violence against women as one of the thematic areas, the PPA had the issue of violence against women included in the Women’s legal and human rights thematic area.
However, it had the following recommendations: Adopting policies and programmes to prevent sexual and family violence and criminalize any form of violence; Collecting sex disaggregated data on violence against women and its economic costs in order to curb the prevalence of sexual and family violence; Provide substantial support for programmes to assist victims of domestic violence; and Adopting multi-sectorial approach and recognising the important role of men, women, boys and girls in addressing the problem of violence against women.
103Women’s Plan of Action 2010-2019 – paragraph 3, p.5.

104 Beijing Declaration and Platform of Action, paragraph.9, p.8.

105 Pacific Platform for Action on Gender Equality and Women’s Humans Rights 2018-2030, Secretariat of the Pacific Community, also available online at: http://www.spc.int/wp-content/uploads/2017/09/PPA-2018-Part-I- EN2.pdf, paragraph 1, p.5.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 33 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.3.4.7.6 Comparison between the Women’s Plan of Action, Beijing Platform for Action and the Revised Pacific Platform for Action revealed that there were deviations noted between the strategic objectives of the two action plans as highlighted in Table 3.4 below.
Table 3.4: Brief on Strategic Objectives under the International and National Action Plans STRATEGIC OBJECTIVES I. II.

III.

Beijing Platform for Action Take integrated measures to prevent and eliminate violence against women.

Study the causes and consequences of violence against women and the effectiveness of preventive measures.

Eliminate trafficking in women and assist victims of violence due to prostitution and trafficking.

I. II.
I. II.

Women’s Plan of Action Improved responses to crimes against women and children.

Improved access services.

justice and legal to 3.1.3.4.7.7 The strategic objectives presented in the table above revealed that while the international action plan placed more emphasis on preventative/proactive measures, the national WPA had more focus on reactive measures in terms of responding to victims of gender based violence.
3.1.3.4.7.8 In Australia, jurisdictions have taken action to criminalise, prevent and reduce domestic and family violence.

They have taken a range of approaches to coordinate the responses to violence.

They found that even though there is some intervention at the primary and secondary levels to predict and prevent domestic violence and to create a safe environment where there is freedom from fear of further violence, the main focus appears to be at the tertiary level.
The report presents a view that implementing proactive approaches to dealing with violence against women will be more beneficial in the long-run.

Refer Exhibit 3.6 for details.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 34 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Exhibit 3.6 “Patch up” or “Prevent” the damage In the main government agencies’ responses to social issues have been in the form of tertiary intervention.
The responses are usually undertaken to address damage that is caused after the incident has occurred.

Patching up the damage gets more attention by government agencies because it is immediate, visible and more closely linked to government’s core business of keeping the peace, treating injury or housing the homeless.

Often the immediate damage is addressed without tackling underlying problems that contribute to ongoing damage and disadvantage that can extend across generations.
Tertiary intervention is urgent and in response to a known, visible situation.

Primary and Secondary Level intervention on the other hand is in response to a situation ‘that might happen’, so it may be seen as less urgent.

In an ideal world it would seem that early intervention could have prevented or at least reduced, the possibility of the antisocial event occurring.
However, it is difficult for policy makers to positively prove that it was the hearing problem, the lack of education or the lack of meaningful employment that ultimately lead to the antisocial event.

Society might be concerned that early intervention initiatives could divert resources from urgent tertiary needs.
The challenge for public sector policy setters is to persuade taxpayers and their elected representatives that specific early interventions at the primary or secondary levels will have direct long-term benefits.

Source: New South Wales Performance Audit Report on Responding to domestic and family violence, 8 November 2011.
3.1.3.4.7.9 Our review of the action plan for each strategic objective outlined in Table 3.4 above, revealed that the same conclusion drawn for the international action plan strategic objective still applies, in that the action plans are geared towards more proactive approaches.
However, for the national plan, we noted that while the strategic objectives at the outset were reactively focused, a review of the action plans for each strategic objective revealed that only 25% was focused on reactive measures, the remaining 75% were proactive approaches.

Refer Figure 3.7 below for a graphical representation of the analysis.
Figure 3.7: Comparison between National and International Action Plans Beijing Declaration and Plan of Action Proactive Reactive Women's Plan of Action Proactive Reactive 25% 75% 33% 67% 100% 25% 75% Strategic Objective Action Plan Strategic Objective Action Plan PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 35 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.3.4.7.10 Therefore it can be concluded that for the national WPA, the strategic objectives can be misleading as it emphasises more on reactive approaches while the action plans in itself is 75% more towards proactive measures.
3.1.3.4.7.11 The weak alignment between the strategic objectives and the action plans can be attributed to lack of sufficient effort by the Department of Women in undertaking research work on the root causes of violence against women.

This is detailed in the following paragraphs.

The Department of Women have agreed to the audit findings and recommendations.106 Recommendation 12.
The Department of Women should ensure that:   Plans for the development of the next WPA are properly aligned to the Beijing : Declaration and Platform of Action.

Strategic objectives in the WPA document clearly capture what the action plans purports to reflect.
106 Post exit meeting discussions dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 36 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.3.4.7.12 Research work on Root Causes of VAW 3.1.3.4.7.12.1 3.1.3.4.7.12.2 Government, regional organizations, the United Nations, other international organizations, research institutions, women’s and youth organisations and non- governmental organizations, as appropriate should promote research, collect data and compile statistics, especially concerning domestic violence relating to the prevalence of different forms of violence against women, and encourage research into the causes, nature, seriousness and consequences of violence against women and the effectiveness of measures implemented to prevent and redress violence against women.107 In 2005, there was a practical guide for researchers and activists developed by Mary Ellsberg and Lori Heise, for researching violence against women.
In this guide, they had paid particular attention to an “ecological framework” to understand the interplay of personal, situational, and socio-cultural factors that combine to cause abuse.

This framework was first introduced in an article by Lori Heise in 1998.

In this framework, as visualized in Figure 3.8 below, violence against women results from the interaction of factors at different levels of the social environment.
Figure 3.8: An Ecological Framework for explaining Gender-Based Violence Source: Researching Violence against Women: A Practical Guide for Researchers and Activists, Ellsberg M, and Heise L., Washington DC, United States: World Health Organization, PATH; 2005, p.26.

3.1.3.4.7.12.3 While conducting literature reviews between the various studies, we noted that many causes of violence against women highlighted in the ecological framework above have been entrenched in Fiji’s context as well.
The findings from literature reviews are covered in the following paragraphs.

3.1.3.4.7.12.4 According to a survey conducted by the FWCC National Survey, there were certain factors that triggered violent behaviours from men in the home.

In addition, there 107Beijing Declaration and Platform for Action, 1995, paragraph.

129 (a), p.55.
129 (a), p.55.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 37 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI was also a consistent list of events that influence violence from husbands or partners at the world-wide level.108 An analogy is tabulated in Table 3.5 below.
Table 3.5: Comparing national and global triggers to violence against women Triggers of violence against women Triggers Fiji Context World-wide Context Jealousy by husbands Women being disobedient The need to demonstrate that they are “in control” Drunkenness Not having food ready on time Not obeying the husband Talking back Failing to care adequately for the children or home Questioning him about money or girlfriends Going somewhere without his permission Refusing him sex Expressing suspicions of infidelity 3.1.3.4.7.12.5 However, while disturbing but alarmingly true, as highlighted in Figure 3.9 below, the FWCC survey also indicated that many women in Fiji agree with statements that undermine or negate women’s rights.
Figure 3.9: Responses from women justifying a man beating his wife or partner Source: Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!

National Research on Women’s Health and Life Experiences in Fiji (2010/2011).

3.1.34.7.12.6 The above responses shows that women themselves accept the fact that men exert power over them.
There has been common findings in other studies which indicates strongly that unequal gender norms and power relations are reinforced 108Researching Violence against Women: A Practical Guide for Researchers and Activists.

Ellsberg M, and Heise L., Washington DC, United States: World Health Organization, PATH; 2005, paragraph 2, p.25.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 38 43%60%55%53%33%0%10%20%30%40%50%60%70%Agree with one ormore"justifications" for aman to beat hiswifeAgree that "a goodwife obeys herhusband even if shedisagrees"Believe that "it isimportant for aman to show hiswife/partner who isboss"Do not agree thatwomen has theright to choose herown friendsBelieve that a wifeis obliged toprovide sex, even ifshe does not feellike it.
REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.3.4.7.12.7 by women as well as men.

The above figure shows that majority of respondents agree that a good wife obeys her husband even if she disagrees.
In addition, other factors that were identified in the FWCC 2010-2011 study which correlates to the ecological framework demonstrate that a tolerance for men’s violence against women and unequal gender power relations remain rooted in social norms and in the belief systems of some women and can be categorized into the following :  The high rate of both partner and non-partner abuse show that the use of violence as a form of punishment and discipline is accepted within many families and communities.
Women themselves minimize the impact of the violence on their health and well-being and many even say that they have not sought help because the violence was “normal”.

 Men’s violence against women is a learned behaviour.

Witnessing domestic violence and being subjected to violence as a child can lead to an entitlement to exert power over women, and thus an acceptance of gender inequality by both women and men.

 Being regularly beaten as a child and frequent alcohol abuse are also key risk factors.
3.1.3.4.7.12.8 As mentioned above, these risk factors likelihood of experiencing intimate partner violence which are directly related to social norms that reinforce inequality in Fiji society, as well as to norms and practices that condone violence.
increase women’s 3.1.3.4.7.12.9 Although the ecological framework has gained broad acceptance for conceptualizing violence, there have been few attempts to explore how individual and community level risk factors relate to each other and ultimately influence women’s vulnerability to violence.

Findings from various studies have tried to explain this phenomenon and are tabulated in Table 3.6 below.
Table 3.6: Relationship between Individual and Community level risk factors Contextual Study Study in United States Findings Socio-economic status of the neighborhood had greater impact on the risk of violence than individual household income levels.

Study in Bangladesh Some aspects of women’s status could either increase or decrease a woman’s risk of being beaten, depending on the socio-cultural conditions of the community she lives in.
In one site, characterized by more conservative norms regarding women’s roles and status, women with greater personal autonomy and those who participated for a short time in savings and credit groups experienced more violence than women with less autonomy.

Community-level measures of women’s status had no effect on the risk of violence.

The opposite was true in the less conservative setting where women had better overall status.
In this site, individual measures of autonomy and participation in credit schemes had no impact on the risk of violence, whereas living in a community where more women participated in credit groups and where women had a higher status overall had a protective effect.

Source: Researching Violence against Women: A Practical Guide for Researchers and Activists, Ellsberg M, and Heise L., Washington DC, United States: World Health Organization, PATH; 2005, paragraph 3, p.25.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 39 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.3.4.7.12.10 An assessment of violence against women in Melanesia and East Timor found that more attention has been paid to law and justice support services for victims of violence then to preventing violence.
It further stated that programs attempting to address violence without addressing the root causes of the problem are unlikely to succeed as they do not challenge men’s belief that the violence is justified.109 3.1.3.4.7.12.11 Our discussions with officials110 at the Department of Women revealed that the main reason that research work has not eventuated is due to the improper demarcation of work.
3.1.3.4.7.12.12 Further discussions with officials111 revealed that the Department depends on findings from these researches to develop plans and implement programs.

While this practice is acceptable, the change in time creates a risk that wrong conclusions might be drawn from research findings which can lead to ineffective measures and programs implemented.
The officer also agreed to the risks identified by our audit and confirmed that the Policy & Research Unit in the department has not engaged or conducted any proper research to gauge the true root cause of violence that women face.

The Department of Women have agreed to the audit recommendations.112 findings and Recommendation 13.

The Department of Women should:   Strengthen its Policy and Research Unit.
Properly demarcate work, so that research work is separate and distinct from the monitoring and evaluation function of the Department.

: 3.1.3.4.8 Sustainable Development Goals and National Development Plan 3.1.3.4.8.1 In the year 2000, leaders in 189 countries created a plan called the Millennium Development Goals (MDGs) which had a set of 8 goals.
However, in the year 2015, the world leaders adopted a set of 17 goals known as the Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development which officially came into force on 1 January 2016.113 3.1.3.4.8.2 Gender equality and women’s empowerment is integral to achieving the Sustainable Development Goals (SDG’).

This is captured in SDG 5 which focuses on the achievement of gender equality and the empowerment of women and girls.

It builds on MDG 3 which also addresses the same.


A comparison of the global goals are documented in Table 3.7 below.

109Violence against Women in Melanesia and East Timor: Building on global and regional promising approaches, Ellsberg, M., Bradley, C., Egan, A., Haddad, A.

(2008).

Canberra, Australia: Australian Agency for International Development Office of Development Effectiveness, paragraph 1 and 2, p.160.
110Discussions with Acting Principal Research Officer (PRO), held on 24 April 2018 111Discussions with Senior Women’s Interest Officer (SWIO) CEDAW, held on 11 May 2018 112Post exit meeting discussions dated 10th June, 2019 113United Nations SDG’s website, available online at: http://www.un.org/sustainabledevelopment/development- agenda/ PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 40 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table 3.7: SDG’s Versus MDG’s Global goals SDG 5 Target 5.2 – Eliminate all forms of violence against women and girls in the spheres, public including trafficking and sexual and other types of Exploitation.
private and MDG 3 Target 3.A – Eliminate gender disparity in primary and secondary education, preferably by 2005, in all levels of education no later than 2015.

Indicators for monitoring progress 5.2.1 -Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or psychological violence by a current or former partner in the previous 12 months, by form of violence and by age.
5.2.2 -Proportion of women and girls aged 15 years and older subjected to sexual violence by persons other than an intimate partner in the previous 12 months, by age and place of occurrence.
3.1 – Ratios of girls to boys in primary, secondary and tertiary education 3.2 –Share of women in wage employment in the non- agricultural sector 3.3 – Proportion of seats held by women in national parliament 3.1.3.4.8.3 According to the information tabled above, it is noted that the current SDG 5 is quite comprehensive in terms of promoting the achievement of gender equality and empowerment of all women and girls and particularly for the elimination of violence against women and girls.
It is important to note that there are actually nine (9) target areas presented in SDG 5.

Out of the nine, one of the targets pertain to the elimination of all forms of violence against women and girls which in turn has two indicators for monitoring progression.
3.1.3.4.8.4 Currently, the government’s key planning document, which sets out strategic directions for each ministry and department is the National Development Plan which captures Fiji’s commitments to international agreements, such as the Sustainable Development Goals (SDG’s).

3.1.3.4.8.5 Successive Governments in Fiji have been able to incorporate priority areas of the WPA into their respective national development plans.114 This has served as the basis for the work on women’s development in Fiji.
Table 3.8 below presents the national plans and strategic documents and how gender equality and development have been encapsulated in it.

Table 3.8: National and Strategic Development Plans over time National and Strategic Plan of successive governments Aspect of Gender Equality and Development Fiji Strategic Development Plan 2003 – 2005 Chapter 5.3 focused on Gender and Development, with strategic objectives and key performance indicators.

Economic Development Sustainable Strategies (SEEDS) 2008 – 2010.
The Roadmap Sustainable Social Development (RDSSED) 2009 – 2014 for Democracy and Economic and Chapter 9.9 on Gender and Development.

Identifies the following strategies for good governance: Stronger protections for the application of the Bill of Rights such as the adoption of CEDAW definitions for discrimination against 114 Fiji’s combined 2nd, 3rd and 4th State periodic report to the CEDAW Committee, p.26.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 41 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI National and Strategic Plan of successive governments Aspect of Gender Equality and Development women and the girl-child and Proposals to strengthen the operation of state services and the accountability framework: Ensuring Effective, Enlightened and Accountable Leadership Leadership training and development at all levels will be a priority so that good leadership is realised sooner rather than later.
Women and youth leadership will also be strengthened.

Social and Cultural Development The major challenges to enhancing the development of women include the Equal Employment Opportunity Policy in all workplaces, presence of occupational discrimination and gender segregation in labour markets.

implementation and monitoring of Source: Fiji’s national report on the 20 year review of the Implementation of the Beijing Platform for Action, MWCPA, 2014, p.4 & 5.
3.1.3.4.8.6 We acknowledge the current initiatives of government in trying to address the issue of gender based violence in the 5 year and 20 year National Development Plan 2017-2036.

Figure 3.10 below depicts the link between the SDG’s, NDP and WPA.

Figure 3.10: Comparison of Strategic Objectives for SDG, NDP and WPA regarding EVAW Sustainable Development Goal No.

5.
5.

• Target 5.2: Elimination of all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation.

National Development Plan 3.1.9: • Strategic Objectives: • 1.

Device effective strategy for improved policing in response to violence against women & girls.

• 2.

Ensure bestpractice responses are adhered to when responding to victims of intimate partners and to sexual violence against women.

• 3.
• 3.

Develop service delivery protocol.

WPA (EVAW): • Strategic Objectives: • 1.

Improved responses to crimes against women and children.

• 2.

Improved access to justice and legal services.

Source: OAG Analysis of SDG No.

5, NDP 3.1.9 & WPA 3.1.3.4.8.7 While Target 5.2 of SDG 5 addresses the elimination of all forms of violence against women, in order for governments to monitor its progression, the main indicators are: I.
Proportion of ever-partnered women and girls aged 15 years and older subjected to physical, sexual or other psychological violence by a current or former partner in the previous 12 months, by form of violence and by age; and PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 42 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI II.
Proportion of women and girls aged 15 years and older subjected to sexual violence by persons other than an intimate partner in the previous 12 months, by age and place of occurrence.
3.1.3.4.8.8 According to the 2030 Agenda for Sustainable Development, the above indicators will be complemented by indicators at the regional and national levels which will be developed by member states, in addition to the outcomes of work undertaken for the development of the baselines for those targets where national and global baseline data does not yet exist.
3.1.3.4.8.9 In order for governments to achieve target 5.2 of SDG 5, they would need to develop strategies so as to achieve this goal based on the above indicators for monitoring progression.

Therefore, as shown in Figure 3.10 above, government’s strategies would be presented in the NDP.
3.1.3.4.8.10 Audit review of the NDP, in the case of eliminating violence against women, it was noted that the main strategies for the elimination of violence against women involved devising effective strategies for improved policing in response to violence against women and girls, adherence to best practices when responding to victims of intimate partners and to sexual violence against women and the development of the service delivery protocols.
3.1.3.4.8.11 In addition, according to the strategies presented, various programs and projects would need to be implemented.

We noted that the main programs and projects were geared towards the implementation of the national gender policy and WPA and strengthening collaboration and partnership with NGO’s.

Refer Table 3.9 below for details of the strategies and its relevant programs.
Table 3.9: Programs and Projects outlined in the Fiji National Development Fiji Strategy Implementation of the national gender policy and WPA Collaboration and Partnerships with NGO’s Planned Programs I. II.

I. II.

III.

Legislation, policies and plan as per the National Gender Policy revised to ensure gender equity is promoted.

Reviewing laws relating to eliminating violence against women and children as per the National Gender Policy.

Declared Zero Tolerance Violence Free Community Projects.
Establishment of GBV service delivery protocol for police and services responding to GBV.

Overarching strategy developed by FPF to respond to GBV.

Source: National Development Plan, p.57.

3.1.3.4.8.12 Our review of the indicators for the achievement of target 5.2 of SDG 5 revealed that the provision and availability of relevant data is important.

However, given the multiple agencies involved in implementing strategies and programs for the elimination of violence against women (i.e.
Fiji Police force and other relevant stakeholders such as FWCC), there needs to be a single agency responsible for coordinating and collating data.

However, in Fiji’s context, we were not able to determine the single agency which is responsible for the aforementioned tasks.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 43 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.1.3.4.8.13 On the other hand, at the agency level, all planned programs relating to the implementation of the WPA and the national gender policy and the collaboration and partnership with NGO’s are all captured in the WPA document, National gender policy and the service delivery protocol.
3.1.3.4.8.14 In view of the above we can conclude that there is clear correlation between the programs and projects outlined in the NDP to the activities in the WPA.

The Department of Women have agreed to the audit findings and recommendations.

115 Recommendation 14.

The Department of Women should strengthen its coordinating, data collection and collating strategies in collaboration with relevant stakeholders such as the Fiji Police Force and other stakeholders.
3.13.4.9 Transition from WPA 1 to WPA 2 3.1.3.4.9.1 Government should formulate and implement, at all appropriate levels, plans of action to eliminate violence against women.116 3.1.3.4.9.2 The National Women’s Plan of Action (NWPA) 1999 – 2008 in 1998 also known as WPA Volume 1 was developed after the 4th World Conference on Women in Beijing.

The Plan consisted of the following five thematic areas; I. Mainstreaming women and gender concerns, II.

Women and the law, III.

Micro-enterprise development, IV.


V. Balancing gender in decision-making; and Elimination of Violence against Women and Children.117 3.1.3.4.9.3 However, a midterm review of the WPA Volume 1 was conducted in 2005.

The review recommended the inclusion of two new areas of concern, namely: I. II.
Formal sector employment and livelihoods; and Health and reproductive health.118 We noted that the area of ‘Micro enterprise development’ was removed and included under Formal Sector Employment and Livelihoods and ‘Mainstreaming Women and Gender Concerns’ was also removed as a separate area as it is a process underlying all implementation.

In addition, ‘Women and the Law’ and ‘Elimination of Violence against Women and children’ was retained.
The changes in area of concern addressed under the two Women’s Plan of Action are detailed in Table 3.10 below.

115 Post exit meeting discussions dated 10th June, 2019 116 Beijing Declaration and Platform for Action 1995 Strategic objective D1 paragraph 124 (o), p.52.

117 Fiji’s National Report on the 20-Year review of the Implementation of the Beijing Platform of Action, MSWWPA, May 2014, section 1, paragraph 5, p.3.
118 Fiji’s National Report on the 20-Year review of the Implementation of the Beijing Platform of Action, MSWWPA, May 2014, section 1, paragraph 1, p.4.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 44 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table 3.10: Distinctions under the two Women’s Plan of Action Women’s Plan of Action 1999 –2008 (Volume 1) Mainstreaming women and gender concerns Women and the Law Micro-enterprise development Balancing gender in decision-making Elimination of Violence against women and children Women’s Plan of Action 2009-2019 (Volume 2) Access to Services: including Heath and Reproductive Health and HIV & AIDS; Education and resources such as water, etc.
(new thematic area) Women and the Law Formal Sector Employment and Livelihoods (new thematic area) Equal Participation in Decision Making Elimination of Violence Against Women and Children 3.1.3.4.9.4 Institutional mechanisms will be established to effectively implement the WPA.
Yet, successful implementation will require joint commitments from the Government and Fiji’s population at large and not just the women themselves.119 3.2 Key Stakeholders to Ending VAW 3.2.1 Human rights and fundamental freedoms are the birthright of all human beings; their protection and promotion is the first responsibility of Governments.120 3.2.2 Violence against women is a grave violation of human rights.121 3.2.3 In order to effectively work towards ending violence against women, States should build and sustain strong multi-sectorial strategies, coordinated nationally and locally.122 3.2.4 The main key players for EVAW in Fiji include the Department of Women in the Ministry of Women, Children and Poverty Alleviation, Fiji Police Force, Ministry of Health and the Judicial Department.123 3.2.5 Other Stakeholders involved in the fight to eliminate violence against women include Ministry of i-Taukei Affairs, Ministry of Education, FWCC, Empower Pacific, emergency and temporary shelter service providers like Salvation Army and Homes of Hope, Legal Aid Commission, Office of the Director of Public Prosecution, UN Women, DFAT, and UNFPA.124 3.2.6 It is worth noting that the above stakeholders play a huge role in the institutional arrangement resulting in the formation of an Inter-Agency Taskforce.
The Taskforce will be discussed in section 3.4.2 of this report.

119 Women Plan of Action 2010-2019, paragraph 4, p.5.

120 Beijing Declaration and Platform of Action 1995, paragraph 210, p.89.

121 https://www.humanrights.gov.au/our-work/sex-discrimination/projects/violence-against-women 122 Ending violence against women, from words to action, Study from the Secretary General, 2006, paragraph 7, p.vi.
123 EVAW Taskforce members 124 EVAW Taskforce members PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 45 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.2.1 Roles and Responsibilities of the Key Players 3.2.1.1 Department of Women 3.2.1.1.1 Government should, based on a strong political commitment, create a national machinery, where it does not exist, and strengthen, as appropriate, existing national machineries, for the advancement of women at the highest possible level of government; it should have clearly defined mandates and authority; critical elements would be adequate resources and the ability and competence to influence policy and formulate and review legislation; among other things, it should perform policy analysis, undertake of implementation.125 and monitoring communication, coordination advocacy, 3.2.1.1.2 Since 1960, a section has existed in Government to look after the interests of women.
Figure 3.11 demonstrates the changes that the National Machinery for Gender in Fiji has undertaken over the years.

Figure 3.11: Changes with the National Machinery for Gender over the last five decades Source: Fiji State Reports to the Committee on the Elimination of all form of Discrimination on Women (CEDAW) 3.2.1.1.3 The Department of Women has continued to pursue its role as primary advisor to Government on public policies that affect women.
It is responsible for:-  The coordination of implementing the National gender Policy across the whole government.

This coordination includes the establishment of gender focal points within government agencies to assist in their own gender mainstreaming activities.

This involves the review of government policies, processes, and human resource management systems.

 Gender mainstreaming activities that are articulated in the National Gender Policy.
These activities are consistent with the key thematic areas as stipulated in the Women’s Plan of Action 2009-2019; that is the Formal Sector Employment and Livelihood, Equal Participation of Women in Decision making, Women and the Law, Access to Services and Elimination of Violence against women and Children.

Conducting advocacy work towards the elimination of violence against women and children, the implementation of women and gender equality.
  Assisting the government in working towards the full and active participation of women in society.

125 Beijing Declaration and Platform of Action, paragraph 203 (b), p.85.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 46 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI  Provides a Ministerial support service including advisory support to the Minister, and administrative support as Chair of the Fiji Women Federation Advisory Council.126 3.2.1.2 Fiji Police Force 3.2.1.2.1 The role of the Fiji Police Force (FPF) is to provide safety and security to all the people of Fiji, including visitors.
Central to this role is the endeavour to deal with violence against women and children.
The role and responsibilities of the Fiji Police Force in responding to cases of gender-based violence are described in Table 3.11 below: Table 3.11: Roles and responsibilities of FPF in responding to gender based violence All police officers or employees of the Fiji Police Force (FPF) must:  Police Responsibilities in the Domestic Violence (DV) Act include:  arrangement to victims who are Report GBV or sex crimes to the nearest police station, if they become aware of it officially or in any other way Make for medical examination and treatment of GBV or sex crime victims Provide security receiving medical treatment Make certain that victims are addressed in a language they understand about the processes involved in investigating GBV or sex crimes Make sure that the FPF ‘No Drop Policy” on DV, GBV, sex crimes and child abuse are fully explained to victims Ensure that victims of GBV or sex crimes are provided with services that respect their dignity Be sensitive to the sexual orientation, age, ethnicity, religion, language and culture of a victim of GBV or sex crimes Be sensitive to the needs of persons with disabilities Make sure that victims of GBV or sex crimes are provided with medical assistance Make sure that victims are referred to counselling services Make sure the victims of GBV or sex crimes are kept updated on the progress of the investigation.
          At the scene of an incident of domestic violence, assist the victim to get medical treatment and provide security while medical treatment is given Provide information to the victim, written if appropriate and possible to do so regarding: Services that are available Rights the victim has to seek protection and other orders under the DV Act The duty that police may have to apply for an order for the protection of the victim under the DV Act The responsibility the police have in relation to charging the perpetrator of the violence Giving the complaints information about process that applies to police work in relation to domestic violence A police officer must make an application for a domestic violence restraining order (DVRO) for the protection of the woman/girl who is, or may become, a victim of domestic violence, under Section 14 (1) of DV Act.
In summary, when a DV offence has taken place and where there is a risk to the victim, police must take out the order and: Apply for an interim restraining order by phone to a resident magistrate if after hours or on weekends Provide assistance through a DVRO to any woman or child who is likely to be a victim of violence Serve the DVRO to the perpetrator Keep the victim consistently updated on the progress of investigation To ensure that all cases of domestic violence are thoroughly investigated in a timely manner             126 Ministry of Women Children and Poverty Alleviation, Annual Corporate Plan, 2016, Section 4, pp.11-12.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 47 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI    To ensure that the victims understand the procedures and process of the investigation To ensure that victims are well-informed of their rights and FPF stances on the issue of crimes against women and children contained in the FPF ‘No Drop Policy’ Ensure any breach of a DVRO is investigated in a timely manner and ensure breaches of the DVRO are dealt with by ensuring accountability to such sections of the Bail act and are a prima facie unacceptable risk for bail by showing contempt of the order, continuation of the offence and risk to the complainant.
Source: Fiji National Service Delivery Protocol for Responding to Cases of Gender Based Violence, p.51 – 53 3.3 Planning for EVAW 3.3.1 Planning is a basic management function involving formulation of one or more detailed plans to achieve optimum balance of needs or demands with the available resources.127 The optimal planning process used in any organisation, whether in the private or public sector involves the following processes: I. II.

III.

IV.
III.

IV.

Identifying the goals or objectives to be achieved; Formulating strategies to achieve goals and objectives; Arranges the means required; and Implements, directs and monitors steps in their proper sequence.128 3.3.2 Organisational Planning should take into account the outcomes of the national plans at the state level without compromising its deliverables.

An overview of the planning hierarchy is summarized in Figure 3.12.
Figure 3.12: Hierarchy of Organizational Planning National Development Plan Organisational Strategic Plan Organisation Annual Corporate Plan Department/ Directorate Business Plan Unit Work Plan 3.3.3 In fact, at the agency level, it is important that strategic plans and annual plans are prepared and approved distinctively as there are significant differences in its components.

However, despite its differences, it works hand-in-hand.
While the annual planning 127 Best Practice – Business dictionary, http://www.businessdictionary.com/definition/planning.html.

128 Best Practice Business - dictionary, also also available available http://www.businessdictionary.com/definition/planning.html.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN at: at: 48 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI provides the nuts and bolts of how the necessary work will be done, but without the strategic planning framework, the annual planning process will be anything but strategic.129 3.3.5 Given the importance placed in the initial planning stages of any program, the following paragraphs discusses findings from audit evaluation of the planning documents of the Department of Women and the Fiji Police Force.
3.3.1 Strategic Planning 3.3.1.1 Strategic Planning is a tool for organizing the present on the basis of the projection of the desired future.

The overall organizational policies, procedures, objectives, performance targets, budgets, programme and schedules are highlighted in the strategic plan.

The plan facilitates progressive advancement of organizational goals.

3.3.1.2 A Strategic Plan would present a customized and focused plan for the Ministry.
3.3.1.3 The availability of the Strategic Plan would give information on the strategic focus and objectives of the organization and what actions/activities constitute the achievement of these objectives.

Furthermore, in order to remain relevant and efficient, the Ministry should adapt to ever changing expectations of its stakeholders.
In order to achieve this, the strategic plan would guide the organization on the planned strategic initiatives and what performance measurement indicators are in place to see the success of these initiatives.

Also, the development of the strategic plan would provide responsibility specifications and the respective time frames within which actions or services would eventuate or be delivered.
Lastly, the strategic plan should identify risks through risk analysis and outline mitigating measures for each identified risk.

3.3.1.4 During the period under review, our findings regarding the development of a Strategic Plan are tabulated below.
Table 3.12: Availability of Strategic Plans Key Stakeholder Department of Women Availability of Strategic Plan No Fiji Police Force Yes Comments First request was sent on 9 Oct 2017, and last date of request was 17 Oct 2017 after four consecutive requests were sent.

Upon the last request, audit was informed that the Strategic plan was not yet endorsed.

The strategic plan pertained to the years 2012 – 2016.

Strategic Plan dated 2015-2019.


Audit review of the document revealed that one of Force’s key performance indicators is the reduction in crime against women and children.

3.3.1.5 The above table indicates that while the Fiji Police Force has developed its strategic plan for the duration of four years, the Ministry of Women, Children and Poverty Alleviation did not have an approved 5 year Strategic Plan in place for the period under audit.
129 Best Practice – Starboard Leadership Consulting LLC website, The difference between Strategic Planning and Annual Planning, also available online at: https://www.starboardleadership.com/strategic-planning/the-difference- between-strategic-planning-and-annual-planning/ PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 49 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.3.1.6 The Ministry of Women, Children and Poverty Alleviation (MWCPA) drew its Annual Corporate Plans (ACP) from the relevant outcomes identified in successive Governments’ National Strategic and Development Plans.130 Although the National Strategic and Development Plans incorporated inputs from all the stakeholders, the plan was not customized to the Ministry.
3.3.1.7 However, discussions with officials131 at the Ministry revealed that there were indications that the Ministry is still working on the Strategic Plan.

3.3.1.8 The management cited the high rate of staff turnover as a reason in the delay in development of a strategic plan.

3.3.1.9 Absence of the Strategic Plan for the period under audit made it difficult for us to measure performance of the Ministry because there were no standards against which performance could be measured.
The Department of Women have agreed to the audit findings and recommendations,132 however, the Ministry has now published its Strategic Plan for 2019 to 2022.

Recommendation 15.

The Ministry of Women Children and Poverty Alleviation (MWCPA) should develop the National Strategic Plan to meet the needs and objectives of their Department, through the development of a strategic plan for the Ministry itself which will be cascaded to the ACP encompassing gender based violence.
: 3.3.2 Annual Planning 3.3.2.1 While the Strategic plan provides a vision for the future, informing each component of annual planning, including budget, income and program planning which an organisation needs to guide its work, the Annual Plan establishes specific, measurable outcomes to serve as the basis of implementing activities as well as evaluating performance.133 3.3.2.2 Annual plans are rooted and aligned to the strategic plan of the organization.
Moreover, at the agency level, annual planning entails the preparation and approval of the following planning documents:  Annual Corporate Plan (ACP);  Department Business Plan; and  Annual Work Plan for each unit134 within each Department of Women.

Audit request for the above annual plans are captured in the table below.

130 Annual Corporate Plan, paragraph 3.6, p.8.

131 Confirmed on 16/05/2018.


132 Post exit meeting discussions dated 10th June, 2019 133 Best Practice – Strategic Vs Annual Planning, Mayes, Wilson and Associates, LLC, also available online at: http://www.mayeswilsonassociates.com/sg_userfiles/Strategic_vs_Annual_Planning.pdf 134For the purpose of this report, Annual Work Plan is implied for each thematic area which in this case refers to the EVAW Annual Work Plan.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 50 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table 3.13: Availability of Planning Documents (ACP, Business Plan and Annual Work Plans) Planning Documents Annual Corporate Plan DoW Business Plan Annual Work Plan Annual Corporate Plan 2014 Ministry of Women Children and Poverty Alleviation 2015 2016 2016-2017 Yes Yes Yes Yes Yes Yes No Fiji Police Force Yes Yes Yes No Yes Yes Yes No Yes 2017-2018 Yes No No Yes 3.3.2.3 While we acknowledge the efforts of both lead agencies in publishing their Annual Corporate Plans (ACP), it should be noted that there was a delay in the preparation and endorsement of the MWCPA ACP for the years 2016/2017 and 2017/2018.
During the audit conduct, the two planning documents were not made available to audit.

However, confirmation was received on 17 July 2019 that both ACP’s were endorsed and published in March 2018.

3.3.2.4 The Non-preparation and submission of final copies of Annual Operation Plans indicates absence of approved targets/outputs for effective measurement of the agency’s performance.

The Department of Women have agreed to the audit findings and recommendations.
135 It is worthy to note that audit sighting of the Ministry of Women Children and Poverty Alleviation website on 28 June 2019 confirm that the Annual Corporate Plan for the years 2016/2017 and 2017/2018 has been published and uploaded accordingly.

Recommendation 16.

The Ministry of Women Children and Poverty Alleviation (MWCPA) should develop Annual Corporate Plans (ACP) for the Ministry and Business Plans for the Department of Women in a timely manner.

17.
17.

The Department of Women should:  Develop and customize Annual Work Plans (AWP) for the EVAW Thematic desk.

 Individual Work Plans for the effective Capture targets/outputs in the measurement of the agency’s or department’s performance.
3.4 Institutional Arrangements 3.4.1 Strong institutional mechanisms are required at national and international level to ensure action, coordination, monitoring and accountability.136 Therefore, key institutional mechanisms have been established in Fiji to support integration of gender considerations in government.137 135Post exit meeting discussions dated 10th June, 2019 136 Study from the Secretary General, ending violence against women, from words to action, 2006, paragraph 5, p.v.
137 Fiji Country Gender Assessment 2015, paragraph 3, p.83.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 51 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.4.2 The Women’s Plan of Action (WPA) is a national document hence it must be viewed within that context.

The Department of Women would therefore need a clear definition of its role and functions to effectively deliver its service in the implementation of the revised WPA.
In order to do so, the following institutional mechanisms are recommended: Gender Focal Points; Inter-agency committee (Taskforce); I. II.

III.

Ministry for Women Executive Team – PSMWCPA and DW; and National Women’s Advisory Council (by legislation).138 IV.

Figure 3.13 below captures the relationship between the institutional mechanisms that have been identified above.
Figure 3.13: Institutional Mechanisms for the Implementation and Monitoring of the WPA 2010-2020 Source: Women’s Plan of Action, Volume 2, Annex 2 3.4.3 Figure 3.13 above denotes the monitoring and reporting structure with the main implementing committee being the Taskforce which is actually made up of the Gender Focal officers from the various line Ministries and Departments and NGO’s.
The Executive Gender Management Team (EGMT) provides technical advice and directions to the taskforce and monitors the progress of the WPA implementation and submits relevant updates to Development Sub Committee (DSC), the National Advisory Committee and Cabinet as directed by Minister.

3.4.4 Our findings in respect of the institutional arrangements is emphasised in the following paragraphs.
3.4.1 Ministry for Women Executive Team & National Women’s Advisory Council 3.4.1.1 Core to the implementation and monitoring functions for the activities set out in the WPA is the establishment of core committees such as the Executive Gender Management Team 138 MWCPA WPA Situational Analysis Volume 1, 2009, paragraph 154, p.49.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 52 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI (EGMT) and the National Advisory Committee.139 Table 3.14 outlines the roles and responsibilities of the core committees.

Table 3.14: Roles and Responsibilities of EGMT and National Advisory Committee Executive Gender Management Team National Advisory Committee Members comprise of: PS MWCPA Director Women Director Social Welfare Director Poverty Alleviation.

I. II.
I. II.

III.

IV.

Terms of Reference of the EGMT: I. II.

III.

To provide technical advice and directions to the WPA inter agency committees and secretariat; To approve and allocate resources for the implementation appropriate commitments under the WPA; To monitor the progress of the WPA relevant implementation and updates to DSC, the National Advisory Committee, and Cabinet as directed by Minister.
submit of  The role and responsibilities of the NWAC on Women are to: Provide leadership to the work of the Minister responsible for Women to ensure that Government receives expert policy advice on identified policy and program issues and to develop a positive and active policy agenda for women in Fiji; Provide recommendations, information and advice to the Minister for Women and the Ministry for Women, facilitate a whole of Government approach to ensuring that programs and services match women’s needs; to     Monitor all Government policies and programs relating to women and measures of women’s progress against set indicators; Develop strategies for dealing with the causes of inequalities for women and to provide leadership to influence and shape women’s policy; Assist the Minister for Women to develop and consultation/engagement maintain mechanisms across Government, with the community and with stakeholders that ensures a broad based, inclusive process; Provide advice and information to assist in research activities; Report on a quarterly basis to the Minister for Women.
appropriate   The functions of the 12 member council are as follows:      The Minister will appoint members for a two-year term, subject to a review of performance every twelve months.

Council members cannot be appointed for more than two consecutive terms.

The Council will meet at least quarterly.

More frequent meeting may be required in the initial stages of operation.

Sub committees may be set up to deal with specific issues.

The Director for Women will attend each meeting.


Public communications by the Council will be through the Chair of the Council in consultation with the office of the Minister for Women, consistent with agreed and established protocol.

Administrative and project support will be provided to the Council by the Department of Women.

Source: Women’s Plan of Action, Volume 2, Annex 2 3.4.1.2 We noted that since the adoption of the WPA in 2009, the core committees identified above have not been established.
139 Women Plan of Action 2010-2019, paragraph 20, p.20.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 53 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.4.1.3 Upon seeking clarification from the officials140 at the Department regarding the reasons for the non-establishment of the committees, satisfactory response was not provided for the non-establishment of the monitoring committees.
However, we were informed that there is a need to look at the overall Departments work in terms of connectivity of work which is linked to other thematic areas and not necessarily EVAW.

3.4.1.4 The non-establishment of the above committees shows lack of consistency on the part of the DoW in implementing what was actually planned out in the WPA.
The establishment of these committees would enable the Department to focus on its mandated responsibility for providing policy advice on Women’s and gender concerns and to fulfil its role as a catalyst in promoting the implementation of the WPA and international commitments.

The Department of Women have agreed to the audit findings and recommendations.

141 Recommendation 18.


The Department of Women through the EVAW Taskforce should establish the Executive Gender Management Team (EGMT) and the National Advisory Committee.
3.4.2 EVAW Taskforce 3.4.2.1 Institutional mechanisms such as the inter-agency committees and taskforce will be established to effectively implement the WPA.142 3.4.2.2 Amongst other things, the re-establishment of the EVAW Taskforce is governments step in working towards providing positive and innovative approaches to achieving gender equality and to eliminate discrimination and violence against women.143 3.4.2.3 Since the re-establishment of the Taskforce in 2013,144 we noted that there were positive outcomes which resulted from the taskforce which included the following: I. II.
III.

National Gender Policy; Service Delivery Protocol; and National Domestic Violence Helpline.

3.4.2.4 While we appreciate and acknowledge the work done by the taskforce, review of EVAW Taskforce meeting minutes and files revealed that there were weaknesses identified, in terms of inclusivity, coordination, sustainability, and administration.

This is detailed in the following paragraphs.

140 Response from SWIO (WPA), received on 29 March 2018.
141 Post exit meeting discussions dated 10th June, 2019 142 Women Plan of Action 2010-2019, paragraph 4, p.5.

143 Fiji National Development Plan, Section 3.1.9, paragraph 3, p.55.

144Fiji Women’s Crisis Centre.

2013.

Somebody’s Life, Everybody’s Business!

National Research on Women’s Health and Life Experiences in Fiji (2010/2011), paragraph 4, p.15.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 54 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.4.2.5 Inclusivity of key members in the Taskforce 3.4.2.5.1 Eliminating societal attitudes and structures that support and perpetuate systematic discrimination and violence against women requires coordinated and multifaceted efforts by Governments, NGO’s and other actors.145 3.4.2.5.2 Common findings from research work done in Fiji such as the ADB 2015 country gender assessment, revealed that faith-based organizations have significant influences on the issue of violence against women.
A number of faith-based organizations incorporate messages about the need to end violence against women into their programs.

Programs may emphasize that violence is a crime, that is against their religious teachings, and/or that it goes against principles of respect in traditional cultures.

In addition, a number of these faith-based organizations including the Anglican Diocese and the Salvation Army have provided shelters for victims of VAW.
3.4.2.5.3 Similarly, according to the FWCC National Survey, there is considerable case study evidence of reduced tolerance of violence among key individuals and institutions, including some faith-based organizations.

3.4.2.5.4 On the other hand, literature review revealed that there were also traditional and conservative views about female subservience.
It noted that these views have been promoted by some churches and others implying that men may “discipline” women who challenge the status quo.146 3.4.2.5.5 Figure 3.14 below shows the rates of emotional, physical and sexual violence faced by victims that belonged to the various religious denominations.
Figure 3.14: Rates of violence in religious denominations Source: FWCC National survey 3.4.2.5.6 Numbers shown above reveal that there is higher rate of emotional, physical and sexual violence amongst all the Christian religions than the national average, and 145Study from the Secretary General, ending violence against women, from words to action, 2006, paragraph 4, p.22.

146 ADB Fiji Country Gender Assessment 2015, paragraph 2, p.77.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 55 58%65%68%71%65%44%45%63%64%72%72%73%72%49%48%68%0%10%20%30%40%50%60%70%80%TotalMethodistCatholicsSDAAOGHinduMuslimOthersEmotionalPhysical and/or Sexual REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI women following the Hindu and Muslim faiths have somewhat lower rates than the national average.147 3.4.2.5.7 In their national survey recommendation, the FWCC highlighted the need for faith based organizations to be actively involved in the prevention of violence against women and girls through missionary work as well as through their welfare and support programs.
3.4.2.5.8 With this in mind, our audit attempted to determine whether there were any actual progress or discussions to include faith-based organizations in the taskforce.

Review of the minutes for the EVAW Taskforce meetings showed the following outcomes: Table 3.15: Discussions for inclusion of faith-based organizations Date Discussions on inclusion of faith based organizations Action Taken 1/2013 2/2013 Co-opt Anglican Church Ms. Seremaia Lomaloma to be part of the Taskforce.
Exploring the inclusion of active Faith based groups in the Taskforce.

The Chair moved that it be tabled as an agenda in next taskforce meeting (inclusion may be in the form of sub related issues).

None None 3.4.2.5.9 We also noted that during the first Taskforce meeting in 2015, a representative from FWCC raised the issue that in some cases of domestic violence, religion ignores law.
The same sentiments were passed by the Divisional Manager Community Policing (DMCP) during their presentations at the preliminary audit meeting on 10 November 2017 at the Fiji Police Force Headquarters.

3.4.2.5.10 Audit review of the Taskforce meeting minutes noted that one of the action plans raised in the 2nd meeting of 2013 dated 11 April 2013, was to consider inviting the Office of the Director of Public Prosecution (ODPP) and the Legal Aid Commission to the forum.
However, upon reviewing the meeting minutes, it was revealed that the ODPP joined in 12 October 2016, after three years had lapsed and the Legal Aid Commission had just joined the taskforce on 7 June 2017 after a lapse of four years.

3.4.2.5.11 According to the EVAW Taskforce TOR, one of the roles of the secretariat is to notify members of each meeting confirming the venue, time and date, together with an agenda of items to be discussed.
3.4.2.5.12 Failure to include organizations that could have a significant positive impact on the reduction of gender based violence in the EVAW Taskforce can result in major societal benefits foregone.

147 FWCC National Survey, paragraph 2, p.42.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 56 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI The Department of Women have agreed to the audit findings and recommendations.

148 Recommendation 19.


The EVAW Taskforce should also consider:  The active involvement of faith-based organisations in the prevention of violence against women and girls through their missionary work as well as through their welfare and support.

:  Organisations that have been discussed and agreed upon to be part of the Taskforce should be done in a timely and consistent manner.
3.4.2.6 Sustainability of Taskforce 3.4.2.6.1 To meet its coordinating role, the Inter Agency Taskforce on the Elimination of Violence against Women and Children (IATEVAWC) will need to meet monthly to monitor and evaluate the implementation of the Annual Work Plan.149 3.4.2.6.2 We noted that there were supposed to be sixty (60) EVAW Taskforce meetings conducted from the years 2013 to 2017.
However, since the re-establishment of the Taskforce in 2013, there were only fifteen (15) meetings conducted for the same period as captured in Table 3.16 below Table 3.16: Taskforce meetings conducted Year 2013 2014 2015 2016 2017 5 meetings 2 meetings 2 meetings 2 meetings 3 meetings 2018 1 meeting No.

of meetings Dates 1.

26/02/2013 2.

11/04/2013 3.

04/06/2013 4.

15/07/2013 5.

27/08/2013 6.

05/06/2014 7.

16/12/2014 8.

05/03/2015 08/09/2015 9.

10.

12/10/2016 11.

07/12/2016 12.

08/02/2017 13.


05/04/2017 14.

07/06/2017 15.

10/05/2018 3.4.2.6.3 After discussions with the Coordinator of FWCC, the above findings were confirmed, in that the scheduled meetings for the taskforce were not always convened.

The Coordinator added that the sustainability of the Taskforce needs to be strengthened.
The Department of Women have agreed to the audit findings and recommendations.150 148 Post exit meeting discussions dated 10th June, 2019 149 EVAW Taskforce Terms of Reference, paragraph 4.1.
150 Post exit meeting discussions dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 57 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Recommendation 20. : The EVAW Taskforce should ensure that scheduled meetings are adhered to as captured in the Taskforce Terms of Reference.
3.4.2.7 Administration of the Taskforce 3.4.2.7.1 The Ministry of Social Welfare Women and Poverty Alleviation, shall provide Secretariat including sufficient administrative resources to the committee to enable it to adequately carry out its functions.151 3.4.2.7.2 Meeting minutes are the written or recorded documentation that is used to inform attendees and non-attendees about what was discussed and what happened during a meeting.
The minutes are generally taken or recorded during the meeting so that participants have a record of what transpired during the meeting.152 3.4.2.7.3 Best practice entails that meeting minutes be signed by both the Secretary and Chairperson so as to add to the documents weight as evidence.153 3.4.2.7.4 The Secretary shall ensure that the minutes of the last meeting are checked by the Chairperson and accepted by the Committee as the true and accurate record at the commencement of the next meeting.154 3.4.2.3.5 Audit noted that all copies of the minutes of the meeting of EVAW Taskforce received from the Department of Women were not signed or endorsed.
3.4.2.7.6 Unendorsed copies of minutes provided by the Secretariat for our review revealed that matters discussed included amongst other things, the establishment of core secretariat support group, scoping of strategic documents, involvement of faith based institutions, the need for police officers to undergo legal literacy training on the Domestic Violence Act and Child Welfare Act, crimes against women, need for more awareness on the Domestic Violence Restraining Order (DVRO) for police officers, collection of sex-disaggregated data, Taskforce terms of reference, 16 day activism, submission to the village by laws, adoption of EVAW Taskforce, Zero Tolerance Violence Free Community (ZTVFC) work program to be developed for its evaluation, Service Delivery Protocol (SDP) work program to be developed as per the Annual Work Plan for its development, need for multi-sectorial approach, development of a risk assessment framework, development of the National gender policy, development of a National EVAW Policy, gender sensitization training of the Taskforce for comprehension and consistency for advocacy/ approaches.
151 EVAW Taskforce Terms of Reference, paragraph 4.1.
152 Best practice – the balance careers, human resources, also available online at: https://www.thebalancecareers.com/what-are-meeting-minutes-and-who-records-them-1918733 153 Best practice – Leadership at Manitoba – Meeting minutes, build your organization’s effectiveness, p.2, also available https://www.gov.mb.ca/agriculture/industry-leadership/board-operations/pubs/meeting- minutes-factsheet.pdf 154 EVAW Taskforce Terms of Reference, paragraph 4.2. online at: PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 58 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.4.2.7.7 Our discussions with officials at the Department confirmed the above findings.
However, we were informed that for 2018, the Taskforce had its first meeting on 10 May 2018 and minutes of meetings are now being signed.

Conversely, the meeting minutes that we received were still not signed.

3.4.2.7.8 Improper record of meetings of the EVAW reflects a lack of accountability on the part of the Secretariat in keeping up with general best practices.

The Department of Women have agreed to the audit findings and recommendations.155 Recommendation 21.
The EVAW Taskforce Secretariat should ensure that minutes of meetings are properly signed and endorsed by the Chairperson, prior to circulation of the minutes to the members of the Taskforce.
: 3.4.2.8 Taskforce meeting attendance 3.4.2.8.1 The Taskforce Committee shall coordinate the work of government agencies, civil societies and relevant international agencies engaged in matters relating to violence against women and children.156 Therefore, in order to ensure that this coordination is sustained, commitments by the taskforce members is paramount.
3.4.2.8.2 Our review of the meeting minutes revealed that the attendance of various members of the taskforce were not consistent and only some members provided reasons for not attending the meetings.

Figure 3.15 below captures a summary of the percentage of attendance.

Figure 3.15: Percentage attendance at Taskforce meetings Source: Taskforce meeting minutes 3.4.2.8.3 Lack of attendance of meetings by members of the taskforce shows lack of commitment which could affect the deliverables of the Taskforces.
155 Post exit meeting discussions dated 10th June, 2019 156 EVAW Taskforce Terms of Reference PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 59 71%38%50%63%47%61%32%26%58%45%40%20%36%35%Percentage attendance REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI The Department of Women have agreed to the audit findings and recommendations.

157 Recommendation 22.


The Department of Women should ensure that:   all members of the EVAW Taskforce are present at the scheduled monthly meetings as per Terms of Reference.

a quorum is called before any meeting is allowed to proceed.
3.4.2.9 Training Register 3.4.2.9.1 Governments should create, improve or develop as appropriate, and fund the training programs for judicial, legal, medical, social, educational and police and immigrant personnel, in order to avoid the abuse of power leading to violence against women and sensitize such personnel to the nature of gender-based acts and threats of violence so that fair treatment of female victims can be assured.158 3.4.2.9.2 Governments including local governments, community organizations, non- governmental organizations, educational institutions, the public and private sectors, particularly enterprises, and the mass media, as appropriate should organize, support and fund community-based education and training campaigns to raise awareness about violence against women as a violation of women’s enjoyment of their human rights and mobilize local communities to use appropriate gender-sensitive traditional and innovative methods of conflict resolution.159 3.4.2.9.3 Training registers or records are evidence that certain people attended certain trainings/classes.
Typically training registers includes the training topic, the name of the instructor, the date, and the trainee’s name.160 3.4.2.9.4 Audit review of the EVAW Taskforce meeting minutes revealed that during its first meeting for 2016 held on 12 October 2016, the issue of provision of trainings were discussed.
From the approved minutes of the meeting, it was discussed that trainings were to be delivered by United Nations Children’s Fund (UNICEF), Regional Rights Resource Team (RRRT) and Fiji Women’s Crisis Centre (FWCC).

An issue was raised by the FWCC Coordinator, that the type of training provided by each agency needs to be set out clearly so that repetition and duplication can be avoided.
3.4.2.9.5 We noted that the Department of Women did not maintain a training register where details of the type of training provided by each agency was recorded.

3.4.2.9.6 We also noted that non-maintenance of the training register was due to the weak coordination amongst training providers.

Also, there is no space for dialogue between 157 Dated 10th June, 2019 158 Beijing Declaration and Platform of Action 1995, paragraph 125(e ), p.53.
159 Beijing Declaration and Platform of Action 1995, paragraph 125 (g), p.53.

160 Best practice – Training on Demand, J.J. Keller, also available online at: https://www.jjkellertraining.com/TrainingResources/1812/OSHA PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 60 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI training providers and the participants themselves on training schedules and sessions which the training providers were expected to facilitate.
3.4.2.9.7 Failure to properly capture and document training engagements as well as the weak coordination of training providers amongst themselves and between participants will result in trainings being repeated and duplicated resulting in value not being maximised from available resources.

The Department of Women have agreed to the audit findings and recommendations.161 Recommendation 23.
The EVAW Taskforce should:  Develop a Training register to capture details of trainings provided by each  stakeholder involved in the fight for EVAW.

List the training facilitators and the type of trainings they provide and the number of training already provided, dates and its facilitator.

3.4.2.10 Taskforce Meeting Resolutions 3.4.2.10.1 Meetings, then, are held to inform people about policies or operations, gather information, conduct trainings, resolve problems, or make decisions.
Solving problems, setting goals, and making concrete plans to follow through are the purpose of decision- making and problem-solving meetings.

A decision is worthless if no plans are made to assure its implementation.

Responsibility for follow-through can be delegated to accountable individuals.162 3.4.2.10.2 Throughout the meeting, participants need to be vigilant in recognizing action items.

That is, those matters that call for specific steps towards a solution.
These action items generally are the most important reasons for the meetings.

Any business that is not fully dealt with, will tend to appear again and again until a concrete decision is made.

The key, then, is to manage meetings so that specific issues are discussed and solved.

These should be quality solutions that have a positive effect on the future.163 3.4.2.10.3 Audit review of the EVAW Taskforce meeting minutes found that many of the issues or planned actions were not resolved.
3.4.2.10.4 The failure of the Secretariat in capturing all details in the action sheets pending closures and action items actually closed, has been cited by the DoW as one of the main reasons for the unresolved issues and non-implementation of action plans.

Therefore, the primary objective for holding meetings has not been achieved.
The Department of Women have agreed to the audit findings and recommendations.164 161 Post exit meeting discussions dated 10th June, 2019 162 Best practice – University of California, Conducting effective meetings, also available online at: https://nature.berkeley.edu/ucce50/ag-labor/7labor/11.htm 163 Best practice – University of California, Conducting effective meetings, also available online at: https://nature.berkeley.edu/ucce50/ag-labor/7labor/11.htm 164 Post exit meeting discussions dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 61 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Recommendation 24.
The EVAW Taskforce should ensure that all issues, recommendations, proposals, requests and suggestions are supported by actions, person(s) responsible for the actions and planned completion date so that these are completed in a timely manner.

3.5 Adequate Resourcing 3.5.1 Financial and human resources have generally been insufficient for the advancement of women.
Full and effective implementation of the Platform for Action, including the relevant commitments made at previous United Nations summits and conferences, will require a political commitment to make available human and financial resources for the empowerment of women.165 3.5.2 Government should allocate adequate resources within the government budget and mobilize community resources for activities related to the elimination of violence against women, including resources for the implementation of plans of action at all appropriate levels.166 3.5.3 The WPA will be the vehicle for the fulfilment of Fiji’s obligations to international and regional commitments such as CEDAW, the Beijing Platform for Action and the Revised Pacific Platform for Action, in the ultimate interests of families, communities and all peoples in Fiji.167 3.5.4 One of the five thematic areas in the WPA is the Elimination of Violence against women (EVAW).
The implementation of the WPA with relation to EVAW would enable the following to be effected: 165 Beijing Declaration and Platform of Action 1995, paragraph 345, p.128.

166 Beijing Declaration and Platform for Action 1995, paragraph 124(p), p.51.

167 Women’s Plan of Action 2009-2019 – paragraph 3, p.5.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 62 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table 3.17: Results of Implementing WPA 2009-2019 • Establishment and implementtion of the national policy on Gender Based Violence.

• Public images of women in the media.


Drop Policy, • Review of existing policies such as No Sexual Harassement Policy, Obigations on CEDAW, and Convention on the Rights of a Child, Human Rights and DEVAW responses women • Improve crimes children against through the upgrading of facilities to deal with crimes.
and to regulations • Public awareness on the current and policies, legislations, Family Law Act 2004, Relations Employment Promulgation Equal Employment Opportunities, Crimes Domestic and Decree Violence Decree 2009.

2008, 2009 • Support programs to victims of violence including young boys.

• Purple ribbon women's issues.

campaign for • Develop Framework for Sexual Exploitation of Women and Children through research on trafficking of women and chidren.
• Public awareness violence against women and children with disabilities.

on • Create a framework of analysis and reports on issues of violence.

• Community Education Programs and Focus awareness through group training.

• Public awareness on issues of gender based violence.

• Community unaacceptability behaviour.

awareness of of violent • Expansion of the Zero Tolerance Violent Free Community (ZTVFC) Projects through coordinated effort of key agencies.
• Collect and publicize data on and against women violence children.

• Modern and civic education in school curriculum.

• Review and implement provide mandatory sentence for convicted persons.

laws to custodial sensitive • Gender Police, correctional services.

for the Judiciary, Prisons and programs • Quick disposal of cases involving women and children.

• Awareness programs on violence against women to ensure that laws, operational prcedures and rues for evidence are gender sensitive.
• Gender training and policy analysis for key personnel.

• Gender audits for government departments.

• Strengthen inter agency Taskforce on violence against women and children.

• Capacity building to enhance skills and services provided to victims of violence.

Source: Women’s Plan of Action, Table 3, pp.34-38.
3.5.1 Financial Arrangements 3.5.1.1 The success of policies and measures aimed at supporting or strengthening the promotion of gender equality and the improvement of the status of women should be based on the integration of the gender perspective in general policies relating to all spheres of society as well as the implementation of positive measures with adequate institutional and financial support at all levels.168 3.5.1.2 Government has continued to fund the WPA through the provision of operating grants to the Department of Women.
Table 3.18 and Figure 3.16 summarizes the percentage of the national budget that is allocated to the WPA through the MWCPA and Department of Women, respectively.

168 Beijing Declaration and Platform of Action 1995, paragraph 57, p.20.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 63 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table 3.18: Actual National Budget Allocated to MWCPA, DoW and WPA respectively for the past five years Year 2017/2018 2016/2017 2016 2015 2014 TOTAL National Budget MWCPA Budget DoW Budget WPA Allocation 4,384,200,000 3,821,000,000 3,425,700,000 3,335,400,000 2,933,750,000 17,900,050,000 113,354,100 56,019,000 52,151,900 44,812,100 27,981,500 294,318,600 4,384,200 3,438,900 3,425,700 3,335,400 2,347,000 16,931,200 1,388,000 1,000,000 1,000,000 1,000,000 750,000 5,138,000 Source: Fiji Budget Estimates 2014, 2015, 2016, 2016/2017 & 2017/2018.
Figure 3.16: Percentage change in National Budget Allocated to MWCPA, DoW and WPA respectively for the past five years Source: Fiji Budget Estimates 2014, 2015, 2016, 2016/2017 & 2017/2018 3.5.1.3 The total percentage the Department of Women acquired from the overall Government budget over the past five years is 0.09 percent which is less than one percent.

In an annual allocation, the department receives 0.08 to 0.10 percent allocation.
Therefore, it seems that government is investing very minimal towards Women Empowerment and Gender Mainstreaming.

3.5.1.4 In terms of percentage change in National budget allocation for the Department of Women from 2014 to 2017/2018, as captured in figure 3.17 below, there has been huge fluctuations in budget allocation to the Department.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 64 2.59%1.47%1.52%1.34%0.95%1.64%0.10%0.09%0.10%0.10%0.08%0.09%0.03%0.03%0.03%0.03%0.03%0.03%0.00%0.50%1.00%1.50%2.00%2.50%3.00%2017/20182016/2017201620152014TOTALMWCPADoWWPA REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Figure 3.17: Percentage Change in National Budget Allocated to DoW for the past 5 years.
Source: Fiji Budget Estimates 2014, 2015, 2016, 2016/2017 & 2017/2018 3.5.1.5 Generally from 2014 to 2015, there was an increase of 18.48 and 42.11 percent, respectively in the allocation amounting to an increase of $367,000 in 2014 and $988,400 in 2015.

However, in 2016 and 2016/2017, budget allocation shows minimal change in allocation amounting to $90,300 and $13,200, respectively and then again in 2017/2018 there is a change of 27.49 percent amounting to $945,300.
The highest percentage increase was in the 2015 budget whereby a considerable 42% increment was made from the previous budget year.

3.5.1.6 The budget allocated to the Department is further broken into three categories namely Programs, Operations and Human Resources allocations.

Figure 3.18 below captures the different categories.

Figure 3.18: Comparison of Programme, Operations and Human Resources for the past five years.
$18,000,000.00 $16,000,000.00 $14,000,000.00 $12,000,000.00 $10,000,000.00 $8,000,000.00 $6,000,000.00 $4,000,000.00 $2,000,000.00 $- 2014 2015 2016 2016/201 7 2017/201 8 Total Programmes Budget $1,200,000.

$1,820,000.

$1,860,000.

$1,860,000.

$2,648,000.

$9,388,000.

Operations Budget $204,602.00 $244,552.00 $248,552.00 $260,700.00 $283,700.00 $1,242,106.

Human Resources Budget $860,728.00 $1,130,593.

$1,231,719.

$1,231,719.

$1,343,997.

$5,798,756.


VAT $81,670.00 $140,255.00 $85,429.00 $86,481.00 $108,503.00 $502,338.00 Total DoW Budget $2,265,330.

$3,195,145.

$3,340,271.

$3,352,419.

$4,275,697.


$16,428,862 Source: Fiji Budget Estimates 2014, 2015, 2016, 2016/2017 & 2017/2018 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 65 27.49%0.39%2.71%42.11%18.48%0.00%5.00%10.00%15.00%20.00%25.00%30.00%35.00%40.00%45.00%2017/20182016/2017201620152014 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI It is noted that the highest allocation has been for Program budgeting followed by Human Resources and then operations.
The concentration for the department remains at implementing programs for women at the grass-root level where they are empowered and uplifted in life.

3.5.1.7 The Women’s Plan of Action is funded from the Programme Allocation of the Department of Women and as captured in Figure 3.19 below.

We noted for the past five years, the WPA comprised a total of 31% and 55% of the Department of Women and the Programmes allocation, respectively.
Figure 3.19: Comparison of the Program Allocation against the Department of Women Budget Source: Fiji Budget Estimates 2014, 2015, 2016, 2016/2017 & 2017/2018 Source: Fiji Budget Estimates 2014, 2015, 2016, 2016/2017 & 2017/2018 3.5.1.8 Given that the WPA is the vehicle for the fulfilment of the State’s obligations to international and regional commitment and is referred to as the guiding document for work undertaken by the MWCPA to address women’s needs, interests and aspirations across economic, social, legal and political spheres, the information in the above paragraphs may be an indication that government is investing very minimal towards women empowerment and gender mainstreaming through its budget process.
3.5.1.9 Further audit investigations revealed that there were weaknesses with the financial arrangements in place for EVAW.

They are described in the following paragraphs.


3.5.1.10 Budget Proposals and Justifications for EVAW 3.5.1.10.1 After evaluating the agency’s proposal, the Ministry of Finance shall seek Cabinet’s approval of the revenue retention arrangement, on behalf of the agency concerned.169 After evaluating the agency’s proposal, the Ministry of Finance must advise the agency accordingly, who then must make a submission to Cabinet for mandatory endorsement.170 169 Finance Instructions 2010, Section 23 (4).
170 Finance Instructions 2010, Section 25(3).
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 66 52%54%54%55%63%55%32%30%30%31%33%31%0%10%20%30%40%50%60%70%2017/20182016/2017201620152014TOTAL% of Programmes Allocation% of DoW Allocation REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.5.1.10.2 The WPA has five strategic objectives which are: Formal Sector Employment and Livelihood; Equal Participation in Decision Making; Elimination of Violence against women; Access to Services, including health and HIV and AIDS, education and other basic services (water and sanitation, housing and transport); and Women and the Law.171 3.5.1.10.3 Given that the WPA budget was to cater for all the five thematic areas, we intended to establish as to what portion of the WPA budgetary vote was allocated to EVAW alone.
In order to establish this, we requested for the budget proposal or justification for the years 2014 to 2016/2017 that was prepared by the Department of Women to be submitted to Ministry of Economy.

The budget consultation is described in Figure 3.20 below.

Figure 3.20: Budget consultation process at MWCPA Submission from SWIO Submission from SWIO collated by DoW to form Draft Justification Budget cnsultation meeting No.
1 - Justifications are scrutinized DoW amends Draft Justification and prepares Final Justification according to scrutinization Budget Announcement Budget consultation with Hon.

Minister for Economy Budget consultation meeting No.
2 - Consultation with PS and Final Amendments are made Corporate and Accounts Team captures all Final Justifications Source: Department of Women Confirmation on 04 November 2018 3.5.1.10.4 We made several requests (detailed in Table 3.19 below) to the Finance team for the Department of Women regarding the budget proposal.

However, we received only one budget proposal for the financial period 2017/2018 that was prepared by SWIO (WPA) when she was acting as Director Women.
Table 3.19: Evidence of the requests regarding budget proposal.

Request date 27/03/2018 Email Mode of request 28/03/2018 Email 04/04/2018 Second request via Email 11/04/2018 Email Subject Of request Budget submission Attention to SWIO (WPA) and SWIO (Livelihood) Accounts team Accounts team Budget Submission Budget submission Response Referred to the Accounts Unit for their response.

However, SWIO (WPA) was able to provide the budget submission for the DoW for 2017/2018 on 06/04/2018.
However, this was the draft submission and the approved submission was not able to be obtained.

No response Referred back to Acting PRO.

SWIO (Research) Budget Submission Confirmed that figures were not available, however referred audit team back to the Accounts team.

171 Women Plan of Action 2010-2019, paragraph 1, p.5.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 67 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.5.1.10.5 Audit review of the draft budget submission that was received from SWIO (WPA) revealed that the total proposed WPA budget for the year 2017/2018 was $1,556,000.

The EVAW allocation made up 24 percent of the proposed WPA budget.

Details of percentage allocation is presented in Figure 3.21 below.
Figure 3.21: Percentage allocation of the proposed WPA budget for 2017/2018 12% 13% 9% 8% Formal Sectr Employment and Livelihood Equal Participation in Decision Making Elimination of Violence against Women Access to Services 24% 24% Women and the Law 10% Research and Communication Implementation of WPA Project positions Source: Proposed WPA budget submission for 2017/2018.
3.5.1.10.6 We further noted that the final approval for the WPA allocation with reference to the 2017/2018 budget estimates was $1,388,000; a decrease of 12% from what was proposed.

The only explanation received regarding the decrease in approval vote was that the overall budget approval lies with Ministry of Economy.
3.5.1.10.7 Apart from the budget submission received from SWIO (WPA) pertaining to the financial period 2017/2018, we could not obtain the proposals for the period under the scope of our audit which was 2014, 2015, 2016 and 2016/2017.

3.5.1.10.8 We gathered that high rate of staff turnover and poor handing over and improper maintenance of records were reasons for the unavailability of the Department’s budget proposals and justifications.
The Department of Women have agreed to the audit findings and recommendations.

172 Recommendation 25.

The Department of Women should ensure that all budget proposals are properly kept and provided for audit and other reviews when required.
: 172 Post exit meeting discussions dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 68 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.5.1.11 EVAW Expenditure Listing 3.5.1.11.1 The proper management of expenditure is fundamental to ensuring value-for-money in delivering services to the community.173 3.5.1.11.2 All payments, including VAT, must be immediately recorded in the financial management information system and an Expenditure Ledger.174 3.5.1.11.3 The WPA encompasses the following five thematic areas: Formal Sector Employment and Livelihood; Equal Participation in Decision Making; Elimination of Violence against women; Access to Services, including health and HIV and AIDS, education and other basic services (water and sanitation, housing and transport); and Women and the Law.175 3.5.1.11.4 In order to properly track the expenditures made for each thematic area, maintaining detailed record of expenditures is beneficial.
3.5.1.11.5 Audit request for actual expenditures pertaining to the EVAW could not be determined as all payments were charged to the WPA Account Allocation No.

1-24301-75999-060152 which includes all the five thematic areas.

The actual expenditures are outlined in Table 3.20 below.
Table 3.20: Details of Actuals committed Year 2017/2018 2016/2017 2016 2015 2014 TOTAL WPA Actuals 1,412,332.59 939,398.29 466,736.03 891,406.54 593,824.58 2,891,365.44 Source: Extracted from FMIS 3.5.1.11.6 Failure to properly record of expenditure for each thematic area would make it difficult to monitor the progress and expenditure trends.

The Department of Women have agreed to the audit findings and recommendations.

176 Recommendation 26.


The WPA desk officer should maintain an expenditure listing/ledger for each of the EVAW thematic areas.

: 173 Ministry of Women Children & Poverty Alleviation, Finance Manual 2013, Part 2, paragraph 1, p.3.

174 Finance Instructions 2010, Section 15.

175 Women Plan of Action 2010-2019, paragraph 1, p.5.
176 Post exit meeting discussions dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 69 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.5.2 Human Resources Management 3.5.2.1 Human Resources Management is a function within an organization concentrated on recruiting, managing and directing people who work on it.
Human Resources Management plays a strategic role in managing people and the workplace culture and environment and if effective, it can contribute greatly to the overall company direction and the accomplishment of its goals and objectives.177 3.5.2.2 Full and effective implementation of the Platform for Action, including the relevant commitments made at previous United Nations summits and conferences, will require a political commitment to make available human and financial resources for the empowerment of women.
178 3.5.2.3 In the following paragraphs, we discuss some of the issues concerning manpower within the MWCPA and the Fiji Police Force.

3.5.2.4 Man-power strength at MWCPA 3.5.2.4.1 In light of foregoing and the planned activities for the Department of Women, the broad functions would be providing policy advice to government; education and training; and research and policy analysis.
Therefore, in order to effectively carry out these functions, amongst other things, it is recommended that there be strengthening and building capacity of the Department of Women’s human resources, particularly those at senior technical and policy levels should be done in partnership with central agencies of government.179 3.5.2.4.2 An overview of the organization structure within the Department of Women is shown in Figure 3.22 below.
177 Best Practice – Griffith College website, the importance of Human Resources Management, also available at: https://www.griffith.ie/blog/importance-human-resource-management 178 Beijing Declaration and Platform of Action 1995, paragraph 345, p.128.

179 MWCPA WPA Situational Analysis Volume 1, 2009, paragraph 157(i), p.50.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 70 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Figure 3.22: Current organization structure Director Women PA 2 DW PAS Field PRO SWIA HQ SPO M&E CO HQ PO CEDAW WIO's x 4 SWIA x 5 SWIO GCC SWIO ATS/EPDM WIA x 4 JICAV x 2 SWIO EVAW PO Sewing SWIO W&L/ R GIO SWIO FSEL SWIA M&E APO W&H/M&E PO WRC/ M&E Driver(s) Watchman x 2 Receptionist WIO GBV WIA FSEL CO x 4 NECV x 5 Source: Department of Women Confirmation on 10 June 2018 3.5.2.4.3 A summary of the core responsibilities of each level within the hierarchy is reflected in Appendix 4 of this report.
3.5.2.4.4 Our review of the DoW workforce revealed increase in vacant positions, at the Department’s Policy & Research Unit not carrying out its intended purpose and staff Individual Work Plans not maintained properly.

These issues are elaborated in detail below.
3.5.2.4.5 Increase in vacant positions 3.5.2.4.5.1 The most efficient and productive organisations are those who have talent acquisition and retention plans in place and when a position becomes vacant, the pipeline can quickly be filled with quality candidates.180 3.5.2.4.5.2 Audit review of the man-power strength at the MWCPA revealed that, as captured in Figure 3.23 below, vacant positions have increased significantly over the past five financial periods as at 25 May 2018.
Figure 3.23 below shows that vacant posts in the Department of Women increased from 17 to 31 percent for the periods 2014 to 2017/2018 respectively, which is a matter of concern and warrants immediate attention.
180 Best Practice – In Source website, A vacant position is more costly than you think, also available online at: https://insourcenow.com/news-events/2017/06/vacant-position-costly-think/ PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 71 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Figure 3.23: Workforce Percentage of posts filled and vacant respectively 69% 69% 31% 31% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 87% 89% 83% 13% 11% 17% 2017/2018 2016/2017 2016 2015 2014 % of Posts Filled % Vacant Source: Department of Women Person to Post listing for the years 2014, 2015, 2016, 2016/2017 and 2017/2018.
3.5.2.4.5.3 An analysis of the workforce status at the DoW, as captured in Appendix 5 of this report, revealed that high percentage of vacant posts was evident in 2016/2017 and 2017/2018 amounting to 11 posts or 31 percent of the total man power as presented in Figure 3.23 above.

The vacancies were in part due to the creation of new positions such as: I. WIA – Gender and climate change II.

WIA – Information Officer III.
WIA – Gender Based Violence Officer 3.5.2.1.5.4 MWCPA cited the following reasons for the delay in the processing and subsequent filling of the vacant posts:    Job Evaluation Exercise that was undertaken in 2017 where officers at divisional positions were filling in higher posts, resulting in more vacant posts arising; Lack of resources in the HR department in dealing with the current workforce capacity of the Ministry; and The introduction of the rehabilitation programs (i.e.
Help for Homes Initiative, Home Care and Farm Care) post cyclone Winston, Josie and Keni where most resources of the Ministry, including the Human Resources department, were diverted to assist in the programs.

3.5.2.4.5.5 Failure to fill vacant positions on time may have an adverse effect on the targeted output of the Department.

As such, the service delivery of the Department may not be at par due to increase in the responsibilities of the Department with limited human resources.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 72 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI The Department of Women have agreed to the audit findings and recommendations.

181 Recommendation 27.

The DoW should ensure that all vacant positions are filled on a timely basis.
: 3.5.2.4.6 Policy & Research unit not carrying out its intended purpose 3.5.2.4.6.1 Government, regional organizations, the United Nations, other international organizations, research institutions, women’s and youth organisations and non- governmental organizations, as appropriate should promote research, collect data and compile statistics, especially concerning domestic violence relating to the prevalence of different forms of violence against women, and encourage research into the causes, nature, seriousness and consequences of violence against women and the effectiveness of measures implemented to prevent and redress violence against women.182 3.5.2.4.6.2 Discussions with the Acting PRO on 24 April 2018 revealed that since the establishment of the Principal Research Officer (PRO) in 2012, the incumbent has not been engaged in any actual research work.
Appendix 4 presents the core functions of the PRO position.

3.5.2.4.6.3 Further discussions with the Acting PRO during audit revealed that one of the root causes of the Policy and Research Unit not being able to carry out its intended purpose was that there was no clear demarcation of responsibilities so as to strengthen the research capacity of the Policy and Research unit.

We further gathered that the unit has been relying on secondary data and other reports from other agencies.
The idea of PRO and the Policy and Research Unit was more on report compilation and monitoring and was not really focused on the collation of data, analysis and actual research work so as to provide policy briefs to executives for internal improvements of their own programs apart from the issues happening on the ground.

3.5.2.4.6.4 Failure of the Policy and research Unit in carrying out their intended work would impede on the proper attainment of objectives of the Department and the Ministry as a whole.
However, we acknowledge the strengthening of the Monitoring & Evaluation team of the Ministry as a whole but note that the roles and responsibilities of this Unit is different from the Policy and Research Unit headed by the Principal Research Officer.

The Department of Women agreed183 with the issue that the Policy and Research Unit did not carry out primary research on domestic violence but rely on secondary method of research in terms of providing a statistical review.
181 Post exit meeting discussions dated 10th June 2019.

182 Beijing Declaration and Platform for Action, 1995, paragraph 129 (a), p.55.

183 Post exit meeting discussions dated 10th June 2019.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 73 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Recommendation 28.

The Department of Women needs to:   Strengthen the Policy and Research Unit.
Properly demarcate responsibilities of the Policy and Research Unit and the Monitoring and Evaluation function of the Department.

: 3.5.2.4.7 Absence and Unsigned Individual Work Plans 3.5.2.4.7.1 In order to function effectively, it is essential for all employees of an organisation to have an understanding of the organisations overall strategic direction.
As such all employees of the organisation should have a work plan and performance objectives that identify their tasked activities and expected results.184 3.5.2.4.7.2 The work plan or performance objectives (usually annual) reflect the organizations strategic direction, business plans and/or annual plans.

Therefore, creating work plans/ performance objectives is a joint responsibility of both the employee and his/her supervisor.
Supervisors have the final approval to ensure work plans/ performance objectives are integrated across the organisation and support the overall goals of the organisation.185 3.5.2.4.7.3 Best practices also promote the endorsement of Individual Work Plan’s (IWP’s), ensuring that the work of the employees in an organisation are well coordinated and aligned to organisational goals and objectives.
In signing the IWP’s, it shows collaboration in that both the incumbent and the immediate supervisor agree on the key performance indicators, planned activities, anticipated evidence of achievement and how it links to the Operational planned outcomes/outputs at the Department and Ministry level.

3.5.2.4.7.4 A number of staff IWPs requested for audit review were not provided.

In addition, IWP’s which were provided were not signed by the incumbent and their immediate supervisors.
Tabulated in Table 3.21 below shows the list of IWP’s that were requested during audit.

Table 3.21: Availability of Individual Work Plans EDP No.

93537 53169 53669 Post Title SWIO (Research) SWIO (WPA) SWIO (Livelihood) 2014 2015 2016 Yes Yes Yes Yes Yes No Yes No Yes 2016-2017 No No No 2017-2018 Yes No No 3.5.2.4.7.5 Furthermore, upon receiving the IWP from SWIO (Research), we enquired the reasons why the IWP’s were not signed.
We were informed that the signed copies were kept with the HR section in Toorak.
However, upon reviewing the personal files of the 184 Best practice – HR Council website, HR Standard 3.3 also available at: http://www.hrcouncil.ca/resource- centre/hr-standards/standards-display.cfm?intCategoryID=12&id=16 185 Best practice – HR Council website, HR Standard 3.3 also available at: http://www.hrcouncil.ca/resource- centre/hr-standards/standards-display.cfm?intCategoryID=12&id=16 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 74 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI various officers, audit noted that none of the IWP’s sighted were signed and most of the officer’s files did not even have the IWP’s filed in it.
3.5.2.4.7.6 Absence of IWP’s may lead to uncertainty in focused roles and may result in officers undertaking tasks not within the objectives and goals of the Ministry.

In addition, unsigned IWP’s indicates that officers may have not agreed on the outcomes which were expected to be achieved within a financial year.

The Department of Women have agreed to the audit findings and recommendations.

186 Recommendation 29.


The Department of Women should ensure that IWP’s for all substantive post holders are properly developed and signed by the incumbent as well as their immediate supervisors.

: 3.5.2.5 Man-power strength at Fiji Police Force 3.5.2.5.1 The Fiji Police Force is responsible for upholding laws against domestic violence and sexual crimes.
However, police officers may also come to their work with ingrained sociocultural attitudes about women’s and men’s roles in society that may lead them to be dismissive toward victims of physical and sexual violence.

187 3.5.2.5.2 When it comes to the prosecution of offenders, we know that ending impurity means that laws must be enforced.

Women must have access to the police to file a criminal report and receive legal advice and protection orders.
The response to violence must be immediate, coordinated and effective so that crimes are punished and justice is secured.

This is true for times of peace and conflict.

There can be no lasting peace when women suffer sexual violence.

Courts and the justice system must be accessible and responsive to criminal and civil matters relating to violence against women.

Women must be informed of their legal rights and supported to navigate the legal system.
And for this, we need more women police officers, prosecutors and judges, because we know that women serving on the frontlines of justice strengthen justice for women and children.188 3.5.2.5.3 When a police force can show the visible presence of members of the minorities and women in prominent positions, it can be a clear indication of its acceptance in the population.189 186 Post exit meeting discussions dated 10th June 2019.

187 Fiji Country Gender Assessment, 2015, paragraph 5, p.77.
188 UN Women website - A speech by Lakshmi Puri at the ACP – EU Parliamentary Assembly dated 19 June 2013, also available at: http://www.unwomen.org/en/news/stories/2013/6/it-is-time-for-action-to-end-violence-against- women-a-speech-by-lakshmi-puri.
189 International Labor Organization (ILO) website – Working in a ‘man’s world’: women in the Fiji police force, responses by Former Director of Training in the Fiji Police Force, Kasanita Seruvatu dated 08 October 2008, also available online at: http://www.ilo.org/global/about-the-ilo/newsroom/features/WCMS_099054/lang--en/index.htm.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 75 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.5.2.5.4 Our review revealed that women only made up 20 to 23 percent of the total workforce population in the Fiji Police Force during the periods 2014 to 2017.

Even though there is an increase in the percentage composition over the four years, there is still an indication that women make up only a small percentage of the total work force of the Fiji Police Force.
3.5.2.5.5 Table 3.22 and Figure 3.24 show that there is a higher percentage of women among regular force (73% in 2017).
Table 3.22: Women representation at the Fiji Police Force 2015 2184 644 2828 2015 867 176 1043 2015 36 83 119 2015 44 12 56 2015 3131 915 4,046 Regular Force Male Female Total SC’s Male Female Total Civilian – Contracted Male Female Total Civilian – GWE Male Female Total Overall Total Number of Males Total Number of Females 804 Total Manpower Status 2014 2183 554 2737 2014 943 184 1127 2014 38 56 94 2014 49 10 59 2014 3213 4,017 Source: Fiji Police Force - April/May Figure 3.24: Percentage of women in different categories of the Fiji Police Force Regular Force Special Constable Civilian - Contracted Civilian - GWE 69% 70% 71% 73% 23% 19% 18% 7% 1% 9% 2% 9% 2% 17% 8% 2% 2014 2015 2016 2017 Source: Fiji Police Force Confirmation - April/May 2018 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 76 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 3.5.2.5.6 Major obstacles to creating a more balanced representation of women in the Fiji Police Force are the deeply entrenched belief’s and stereotyped attitudes towards women in the workplace.
Culture, socialization processes and religion play a role in this.

Also, another major obstacle to gender equality are women themselves.

Sometimes women live up to the expectations of society, especially their male counterparts, in that by appearing helpless and non-assertive, even when holding positions of authority and responsibility.
Moreover, by accepting certain kinds of jobs women reinforce deeply entrenched beliefs that they are weaker than men and cannot perform the same duties as men.190 3.5.2.5.7 In terms of women joining higher ranks of the police force, this is difficult because of the entrenched attitudes and belief’s regarding women in general in policing not only in Fiji but in the Pacific region as a whole.
Women who do reach higher ranks, their work is made even harder on the ground when they deal with male counterparts who have deeply ingrained ideas about gender roles in society.191 The new target should also contribute towards increasing women in position of authority and decision making.

3.5.2.5.8 The presence of women in prominent positions in the Fiji Police Force can promote gender equality and assist in curbing violence against women in the long term.
In an exit meeting192 Deputy Commissioner of Police informed that they have a dedicated unit in the force such as Sexual Offenses unit, Juvenile Bureau that deal with sexual offenses on women.

In respect to manpower, they have strengthened their sexual offens unit by placing more women due to the sensitivity of the cases on sexual offense against women.
Deputy Commissioner of Police further responded that the Fiji Police Force will provide the detail summary of the number of women personnel in the said unit.

Upon requesting193 for number of established female personnel in the Sexual Offenses Unit and the Juvenile Bureau from 2014 to 2017, audit was informed that as of 2019, there are 13 female officers in the SOU and 9 in the Juvenile Bureau.
The Deputy Commissioner noted that the number of women police officers has increased in recent years and the Force is benchmarking to the UN peace keeping missions women ratio of 20%.

The Force has been able to exceed this rate and are targeting 33% with reform and restructure.
The Department of Women have agreed to the audit findings and recommendations.194 190International Labor Organization (ILO) website – Working in a ‘man’s world’: women in the Fiji police force, responses by Former Director of Training in the Fiji Police Force, Kasanita Seruvatu dated 08 October 2008, also available online at: http://www.ilo.org/global/about-the-ilo/newsroom/features/WCMS_099054/lang--en/index.htm.
191 International Labor Organization (ILO) website – Working in a ‘man’s world’: women in the Fiji police force, responses by Former Director of Training in the Fiji Police Force, Kasanita Seruvatu dated 08 October 2008, also available online at: http://www.ilo.org/global/about-the-ilo/newsroom/features/WCMS_099054/lang--en/index.htm.

192 Dated 30th May 2019 193 Dated 11 June 2019.

194 Post exit meeting discussions dated 10 June 2019.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 77 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.0 IMPLEMENTATION OF ACTIVITIES ON EVAW 4.0.1 This section specifically looks at the activities by which the framework has been implemented and the monitoring of activities on elimination of violence against women.
4.1 Crime against Women in Fiji 4.1.1 Crime against women includes any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.195 4.1.2 As stipulated in the Force Standing Order (FSO), the Fiji Police Force Annual Statistics Report is derived from receiving reports in Police Stations, Community Posts, and other units or intra/inter agencies which provide information and daily crime reports (DCR).196 4.1.3 As per the Crimes Act 2009, there are 250 different offences which are classified under a cluster of five major categories as shown in Figure 4.1 below.
Figure 4.1: Major Categories of Offences Other Miscellaneous Offences Against the Administration of Lawful Authority Against Property Against Public Morality Source: Fiji Police Crime Statistics Annual Report 2017, Section 1.2, p. 7 Against the Person 4.1.4 The victims for the incidents of crime against women is categorized under Offences against Public Morality (includes Sexual Offences, Abortion Offences) and Offences against the Person (incudes common assault).
These two categories are then sub-categorised as depicted in the Figure 4.2 below; 195 Uttar Pradesh Performance Audit on Empowerment of Women, page 20, paragraph 1.

196 Fiji Police Crime Statistics Annual Report 2017, page 7, section 1.1.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 78 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Figure 4.2: Types of Sexual Offences against Women Rape and Attempted Rape Attempted Murder Murder y t i l a r o M c i l b u P t s n a g A i Indecent Assault Defilement of Children under 13 years of age Defilement of young persons between 13 to 16 years of age Incest Sexual Assault Abduction of person under 18 years of age with intent to have carnal knowledge Others Against Public Morality n o s r e P e h t i t s n a g A Manslaughter Infanticide Serious Assault Act with Intent to Cause Grievous Harm Assault Causing Actual Bodily Harm Assault on Police Common Assault Criminal Intimidation Others Against the Person Source: Fiji Police Force Crime Statistics Annual Report 2017, page 34, section 9.1 4.1.5 The victims for the incidents of crime against women as categorized in the Crimes Act 2009, define sexual offences into 17 different types as illustrated below;197 197 Crimes Act 2009, Part 12, Section 206 – 223.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 79 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table 4.1: Types of Sexual Offences against Women Sexual Offenses 1 - Rape Sexual Offenses 2 - Attempted to commit rape Sexual Offenses 3 - Assault with an intent to commit rape Sexual Offenses 4 - Sexual Assaults Sexual Offenses 5 - Abduction of persons under 18 years of age with intent to have carnal knowledge Sexual Offense 6 - Indecent Assault Sexual Offense 7 - Indecently insult or annoying any person Sexual Offense 8 - Defilement of children under 13 years of age Sexual Offense 9 - Defilement of young persons between 13 years and 16 years of age Sexual Offense 10 - Defilement of intellectually impaired person Sexual Offense 11- Procuration for unlawful practices Sexual Offense 12 - Procuring defilement by threats or fraud or administering drugs Sexual Offense 13 -Householder permitting defilement of a child on premises Sexual Offense 14 - Householder permitting defilement of a person under 16 years of age on premises Sexual Offense 15 - Conspiracy to defile Sexual Offense 16 - Unnatural offence with animals Sexual Offense 17 - Incest by any relative 4.1.6 The measure of performance for the Fiji Police Force is tagged to the institutional Annual Corporate Plan (ACP) through the Key Performance Indicators (KPI’s).
198This is to reduce crime against women by 10%.

The achievement of this measure of performance indicates that the Force have aligned to Key Pillar 1 Ensuring Sustainable Democracy and Good and Just Governance and Key Pillar 5 Achieving higher Economic Growth under the RDSSED(Roadmap for Democracy Sustainable Socio-Economic Development).

Overall, there was a 14% decrease in the crime against women cases recorded in 2017 when compared to the previous year.

Refer to Figure 4.3 for detail.


Figure 4.3: Comparison of crime against women cases recorded from 2014-2017 2017 - Decrease in crime against women by 14% 2016 - Decrease in crime against women by 6% 2015 - Increase in crime against women by 0.15% 2014 - Increase in crime against women by 3.3% Source: Fiji Police Force Crime Statistics Annual Report 2017, Table 31.0, p.34) 4.1.7 Over the four year period the incidents of crime against women recorded has gradually decreased.
In 2014, there was a 3.3% increase in crime against women cases recorded compared to the previous year, and 0.15% percent increase in incidents of recorded crime 198 Fiji Police Force Crime Statistics Annual Report 2017, Section 1.9, p.8 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 80 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI against women were recorded in 2015.
However, there was a decrease in crime against women cases recorded by 6 percent and 14 percent in 2016 and 2017 respectively.

4.1.8 Information provided by Fiji Police Force, revealed that incidents of the 17 sexual offenses (refer name in Table 4.1 above) against women in Fiji have been decreasing consistently as shown in the figure below.
Figure 4.4: Types Sexual Offenses cases against women in Fiji during 2014 – 2017 2500 2000 1500 1000 500 0 S/O 1 S/O 2 S/O 3 S/O 4 S/O 5 S/O 6 S/O 7 S/O 8 S/O 9 S/O 10 S/O 11 S/O 12 S/O 13 S/O 14 S/O 15 S/O 16 S/O 17 Source: Fiji Police Force Crime Statistics Annual Report 2017, Table 41.0, p.42 2014 2015 2016 2017 From the total of 3,066 offenses recorded in 2014, a total of only 1,041 was recorded in 2017.
As can be seen from the table above that there has been 66 percent decrease in all types of sexual offense between 2014 and 2017.

4.1.9 However, audit review revealed findings which may be contrary to the statistics discussed above.

These are discussed in detail below.

4.1.10 The percentage of sexual offences against female victims compared to male victims has been consistently increasing over the four year period from 2014 and 2017.

Refer to the table 4.2 and figure 4.5 below for details.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 81 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table 4.2: Sexual Offences by victim’s gender from 2014 to 2017 Year 2014 2015 2016 2017 No.
S/O 1 S/O 2 S/O 3 S/O 4 S/O 5 S/O 6 S/O 7 S/O 8 S/O 9 S/O 10 S/O 11 S/O 12 S/O 13 S/O 14 S/O 15 S/O 16 S/O 17 Type of Sexual Offences Rape Attempt to commit rape Assault with intent to commit rape Sexual assaults Abduction of person under 18 years of age with intent to have carnal knowledge Indecent Assault Indecently insulting or annoying any person Defilement of children under 13 years of age Defilement of young persons between 13 years and 16 years of age Defilement of intellectually impaired persons Procuration for unlawful practices Procuring defilement by threats or fraud or administering drugs Householder permitting defilement of a child on premises Householder permitting defilement of a person under 16 years of age on premises Conspiracy to defile Unnatural offence with animals Incest by any relative Total Female Male Female Male Female Male Female Male Source: Fiji Police Force Crime Statistics Annual Report 2017, Table 42.0,p.42-43 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 82 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI The figures illustrated above has been further analysed to establish the percentage distribution of sexual offences by victims gender from 2014 to 2017.
Refer to Figure 4.5 below for details; Figure 4.5: Proportion of Sexual Offense by victims gender 2016-2017 Proportion of Sexual Offence by victims gender for the years 2014 to 2017 ) % ( e g a t n e c r e P 63% 37% 2014 64% 36% 2015 Years 76% 24% 2016 % Female % Male Linear (% Female) 80% 20% 2017 4.1.11 It can be seen in the chart above that there have been 17 percent increases in female victims of sexual offenses between 2014 and 2017.
The percentage of female victims of sexual offenses has been very steep.

For example, during 2016 the percentage of female victims increased by 12% from 64 % in 2015 to 76 %.

The incident of sexual offenses against female has not declined in 2017.
4.1.12 According to the research report on Balancing the Scales – Improving Fijian Women’s Access to Justice published by Fiji Women’s Rights Movement (FWRM) in 2017, revealed that women and girls are the victims/survivors in 9 out of 10 cases reported to the Fiji Police Force in all categories of sexual offenses case.
4.1.13 We further analysed the major sexual offenses against female victims by observing and analysing data recorded by Planning, Policy, Research & Development and Statistics Unit of the Fiji Police Force.

The following has been identified as major sexual offenses cases that were frequently reported and recorded by Fiji Police Force.
Figure 4.6: Major Sexual Offences against female SO 1 - Rape SO 5 - Abduction of person under 18 years of age with intent to have carnal knowledge SO 6 - Indecent Assault SO 7 - Indecently insult or annoying any person SO 9 - Defilement of young person between 13 years and 16 years of age PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 83 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.1.14 It can be seen from the illustration above that these major sexual offences against female victims were contributing more than 63 percent of the total sexual offences in Fiji.
The categories of major sexual offences against females and distribution and analysis by age during the last four years are shown in Table 4.3 below.

Table 4.3: Major Sexual Offences against female during the last four years.
Year Rape 2014 2015 2016 2017 Total 182 232 276 157 847 Abduction of person under 18 years of age with intent to have carnal knowledge 105 66 104 93 368 Indecent Assault Indecently insulting or annoying any person Defilement of Young person between 13 years and 16 years of age 128 152 171 150 601 1267 1040 436 255 2998 159 128 114 93 494 Source: Fiji Police Crime Statistics Annual Report 2017, Table 42.0, p42-43 Others 75 94 110 89 368 The number of rape cases recorded against female (women and girls) from 2014 to 2016 shows upward trend by 52% while 2017 indicates a downward trend of43% compared to previous year.
A similar trend is evident in indecent assault and other cases recorded by Fiji Police Force.

However, indecently insulting or annoying any person and defilement of young person between 13 years and 16 years of age shows downward trend from 2014 to 2017.

Furthermore, abduction of persons under 18 years of age with intent to have carnal knowledge fluctuates from the year 2014 to 2017.
Although, the decreasing rate shown each year from 2014 to 2017, the number of recorded sexual offences against female victims dominate over the number of recorded sexual offences against male victims in a year (i.e.

from 2014 – 2017).

Based on data from Table 4.3 above, the detail distribution of major sexual offences against female in 2017 provided in Figure 4.7 below.

Figure 4.7: Distribution of Major Sexual Offences against female in 2017.
Figure 4.7 Major Sexual Offences against Female percentage distribution in 2017 Defilement of young persons between 13 years and 16 years of age 11% Indecently insulting or annoying any person 30% Others 11% Rape 19% Abduction of person under 18 years of age with intent to have carnal knowledge 11% Indecent Assault 18% Source: Fiji Police Crime Statistics Annual Report 2017, Table 42.0 The cases of indecently insulting or annoying any persons recorded a highest percentage distribution of 30% followed by rapes cases distribution of 19%, indecent assault distribution of 18% for the year 2017.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 84 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI We further analysed the data of rape cases that was recorded by Fiji Police Force by age for minor girl’s category in Fiji from 2014 to 2017.
Refer to Table 4.4 for details; Table 4.4: Age wise analysis of rape cases against minor girls in Fiji 6 to 12 13 - 17 Total Year Baby – 5 year olds Total Number of cases 2014 2015 2016 2017 Total 11 7 10 10 38 24 55 47 40 166 79 71 113 57 320 114 133 170 107 524 182 232 276 157 847 Percentage of minor girls to total cases 63% 57% 62% 68% 62% Source: OAG Fiji analysis based on the Fiji Police Force Crime Statistics Annual Report, 2017 The data presented on table 4.4 is graphically shown in Figure 4.8 below to indicate the trend of rape cases under minor girl’s category who are victims of sexual violence cases.
Figure 4.8: Age wise analysis of rape cases against minor girls in Fiji Rape Cases for Minor Girls over the previous years recorded(2014 - 2017) 120 100 80 60 40 20 0 d e d r o c e r s e s a c f o r e b m u N Baby - 5 year olds 6 to 12 13 - 17 minor girls categories 2014 2015 2016 2017 4.1.15 We observed from the above analysis that the number of rape cases increased (28%) suddenly from 2014 to 2015 and (19%) increased from 2015 to 2016 over the previous years.
The most alarming fact is that the largest number (62%) of victims of rape were minor girls.

Increase in the number of rape cases for the last three years has been very significant.

4.1.16 According to the Research paper on Balancing the Scales – Improving Fijian Women’s Access to Justice conducted by FWRM in 2017, in 2016 the Office of the Director of Public Prosecution (ODPP) rape and sexual offences statistics shows that rape accounts for 71% of the sexual offences cases prosecuted.
Children under 18 years of age are the victim/survivors in 59% of rape cases prosecuted.

4.1.17 The age analysis and chart distribution of abduction of person under 18 years of age are as follows.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 85 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Table 4.5: Age wise analysis of abduction of person under 18 years of age in Fiji Total Number Of cases Year Baby – 5 6 to 12 13 - 17 Total Percentage of minor girls to total cases year olds 0 1 0 0 1 2014 2015 2016 2017 Total 3 1 1 3 8 96 58 93 82 329 99 60 94 85 338 105 66 104 93 368 94% 91% 90% 91% 92% Source: OAG Fiji analysis based on the Fiji Police Force Crime Statistics Annual Report, 2017.
4.1.18 There was 58 percent increase in cases of abduction of person under 18 years of age with an intent to have a carnal knowledge from 2015 to 2016.

The most alarming fact is that the largest number (92%) of victims of this offences were minor girls.

Refer to Figure 4.9 below for further details.


Figure 4.9: Abduction of persons under 18 years of age recorded(2014-2017) d e d r o c e r s e s a c f o r e b m u N 120 100 80 60 40 20 0 Baby - 5 year olds 6 to 12 13 - 17 minor girls categories 2014 2015 2016 2017 Source: OAG Fiji analysis based on the Fiji Police Force Crime Statistics Annual Report, 2017.
4.1.19 The age analysis and chart distribution of indecent assault are presented under Figure 4.10 below: Figure 4.10: Age wise analysis of indecent assault against minor girls in Fiji Indecent Assault for Minor Girls recorded(2014 - 2017) 60 40 20 0 D E D R O C E R S E S A C F O R E B M U N Baby - 5 year olds 6 to 12 13 - 17 MINOR GIRLS CATEGORIES 2014 2015 2016 2017 Source: OAG Fiji analysis based on the Fiji Police Force Crime Statistics Annual Report, 2017.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 86 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.1.20 We noted that the cases of Indecent Assault has increased from 128 in 2014 to 152 in 2015 and 171 in 2016.

There has been a significant increase of 19% in 2015 over the previous year.

The most alarming fact is that the largest number (55%) of victims of indecent assault were minor girls.
4.1.21 The age analysis for indecently insulting or annoying any person against women in Fiji are shown in Table 4.6 below.
Table 4.6: Age wise analysis for indecently insulting or annoying any person against women in Fiji Year 18 To 24 25 to 31 32 to 38 39 to 45 46 to 52 53 to 59 60 to 66 67 & Over Total Total Number of cases Percentage of women to total cases Total 434 494 529 427 283 261 78 55 2561 2,998 Source: OAG Fiji analysis based on the Fiji Police Force Crime Statistics Annual Report, 2017.
87% 86% 83% 76% 85% The data presented on table 4.6 above is reflected in a bar graph distribution below.

Figure 4.11: Age analysis for indecently insulting or annoying any person against women in Fiji.
Indecently insulting or annoying any person against women (2014 - 2017) 250 200 150 100 50 0 d e d r o c e r s e s a c f o r e b m u N 18 to24 25to31 32to38 39to45 46to52 53to59 60to66 67&Over WOMEN AGE CATEGORIES 2014 2015 2016 2017 Source: OAG Fiji analysis based on the Fiji Police Force Crime Statistics Annual Report, 2017.

4.1.22 The number of cases recorded for indecently insulting or annoying any person from 2014 to 2017 decreased by 80 %.
However, the maximum number (85%) for the said crime were women.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 87 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.1.23 Table 4,7 below contains data gathered from the Fiji Police Force Crime Statistics and represent victims of domestic violence against women and children from the year 2014 to 2017.
Table 4.7: Domestic Violence against women and children Year Domestic Violence against Women (Females, age is 18 years or more) Domestic Violence against Female Children (Age is less than or equal to 17 years) Total 2014 2015 2016 2017 378 368 652 777 55 48 84 90 433 416 736 867 Source: Fiji Police Crime Statistics Annual Report 2017, Table 44.0, p.43 Further analysis of the data presented above is shown below.
Figure 4.12: Domestic Violence against Women and Children Domestic violence cases (recorded)against female r a e Y 2017 2016 2015 2014 0 200 400 600 800 1000 Number of cases Female Children Women There was 80 % increase in domestic violence against women and girls in 2016 and further 18 % increase in 2017.

The most alarming fact is that the largest number (89%) of victims of domestic violence cases were women.
Increase in the number of domestic violence cases over the previous years has been very significant.

As discussed with Fiji Police Deputy Director Planning, Statistician -and Research Officer, the outcome of the joint awareness and advocacy work has driven the increase in domestic violence.

The society are fully trained about the concepts of domestic violence.

Another contributing factor to the increase in domestic violence is the change in the definition of a domestic setting.
Initially, violence in the domestic setting only applied to married couples, but with the introduction of the Domestic Violence Act 2009, family or domestic relationships extends to include spouse, other family members, persons who normally or regularly resides in the household or residential facility, boyfriend or girlfriend.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 88 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.1.24 Furthermore, in 2017, only 3,098 women reported domestic violence, sexual or physical violence matters to the police.

This represents less than 7 in 100 women (7%) who experienced violence reporting this to the police based on the women estimated to have experiences in the FWCC Report [N=45,452].
4.1.26 The women victims of the Domestic violence would find it more comfortable to report to FWCC rather than reporting violence to a male Police Officer at the Fiji Police Stations.

Figure 4.13: Reporting from Public to the Police 4.1.27 that found in Fiji Fiji Women Crisis Centre in its 2010/2011 survey on Women Health and Life (Somebody’s Life Experiences Everybody’s Business) the combined prevalence of non-partner and intimate partner violence in Fiji (71%) is double the global estimate of 35.6%.
The report also found that 24% of women (almost intimate one relationship experienced physical and/ or sexual violence in the last 12 months, or 45,452 women aged 18-64 who were ever in an intimate relationship with a man, at the time of 2007 Census.

four women) in an in 4.1.28 The transition of the definition from the Penal Code to the Crimes Act has been a major contributing factor on the increase in female victims of sexual offenses.
In the Penal Code, the definition of these offenses was totally different from the Crimes Act For example, rape in the Penal Code was basically the sexual offenses which was restricted to penetration whereas the definition of rape in the Crimes Act has changed differently from the Penal Code.

Section 207(2) of the Crimes Act 2009 stated that: A person rapes another person if; a.

The person has the carnal knowledge with or of the other person without the other person’s consent; or b.
The person penetrates the vulvar, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent; or c. The person penetrates the mouth of the other persons to any extent with the person’s penis without the other person’s consent.

4.1.29 The difference between the statistics from Fiji Police Force and other NGO’s (such as FWCC), is that statistics in the Fiji Police Force are the ones that reported and recorded.
The FWCC research is far bigger than the statistics recorded and reported by Fiji Police Force.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 89 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.1.30 Victim of more than one crime is another contributing factor in the increase of sexual offenses by victim’s gender.
For example, victims of rape, attempt to commit rape, assault with intent to commit rape, sexual assaults would be counted 5 times in any victim gender irrespective of female or male victims.

4.1.31 Discussions with Fiji Police Force revealed that Planning and Statistics Unit will be carrying out reconciliation of the cases that has happened earlier to rightfully peg in the period the offenses takes place.
In an exit meeting199 Manager Statistics/Planning informed that the Force gauge their performance on 20% threshold set by UN Uniformed Gender Parity Strategy 2018 in which they have achieved and exceeded the threshold of women in the workforce.

With the reform in place, the force intend to increase women in the workforce to 33%.

Recommendation Fiji Police Force should: 30.

Ensure adequate police manpower to effectively control the increasing incidents of crime including crime against women.

: 31.
: 31.

Strengthen the method of conducting community’s awareness regarding incidents of violence against women.

4.2 Domestic Violence Helpline 4.2.1 Globally, violence against women is recognized as a social, economic, political debate as well as fundamental violation of human rights.

Fiji ratified United Nations Transforming our World – The 2030 Agenda for Sustainable Development in 2015 which includes 17 Sustainable Development Goals and 169 measurable targets.
Target 5.2 stated “to end all forms of discrimination against all women and girls and eliminate all forms of violence against women and girls in the public and private spheres” 200 4.2.2 The 5 year and 20 year National Development Plan is a fundamental basis of government operation which aligned with 2030 Sustainable Development Goals.
The National Development Plan also focused on “Empowering Women to reach their full potential” in which Fiji Ministry of Women and concerned interagency stakeholders will enhanced responsive policies and coordinated referral networks in combating violence against women.

4.2.3 Many times, victim/survivors and the people around them are not able to seek timely help for various reasons.

Some do not know who to seek help from and others have little hope 199 Dated 30th May 2019.
200 United Nations, Transforming our World, the 2030 Agenda for Sustainable Development, Goal 5, paragraph 5.2.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 90 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI of receiving genuine help given the limitation of some existing agencies.
201 The Ministry in its collaborative approach is intended to recognize the desire to support victims/survivors of such crime through the establishment of a 24 hour toll free helpline to victims/survivors of Domestic Violence.
4.2.4 The 24 hour toll free helpline serves as a lifeline to support victims/ survivor of domestic violence, provide emergency assistance, immediate professional counselling, provide relevant and legal advice to callers and to create powerful network between the Ministry, Fiji Police Force, Judiciary, NGO’s and medical agencies to assist victims of domestic violence.

202 4.2.5 The following stakeholders203 can access the National Domestic Violence Helpline.
Figure 4.14: Stakeholder to the NDVH Victims of Domestic Violence Corncerned Friends and Families of victims Other professional and agencies 4.2.1 Processes of Acquiring National Domestic Violence Helpline 4.2.1.1 The Ministry of Women, Children and Poverty Alleviation advertised an expression of interest in the Fiji Sun on the 2nd of April, 2016 and closed on the 15th of April, 2016.
Subsequently, the Ministry received four submissions from the following reputable non- government organisations;  Empower Pacific  Lifeline Fiji  Fiji Women’s Crisis Centre  Medical Services 4.2.1.2 The organisations listed above were called on 05th of May, 2016 at the Ministry’s conference room to make presentations on their line of operations to the committee.
Committee members comprised of representatives from the following agencies:  Ministry of Women, Children and Poverty Alleviation – Raijeli Mawa (Acting Director Women - Chairperson)  Fiji Procurement Office – (Assistant Procurement Officer - Member)  Fiji Procurement Office – (Senior Procurement Officer – Member)  Ministry of Industry, Trade & Tourism – (Assistant Statistician – Member)  Ministry of Women, Children & Poverty Alleviation - (Gender Advisor – Member) 201 Ministry of Women, Children & Poverty Alleviation, Concept Note – 24 Hour National Domestic Violence Helpline, Section F – Background, paragraph 3 202 Ministry of Women, Children & Poverty Alleviation, Concept Note – 24 Hour National Domestic Violence Helpline, Section G. 203Ministry of Women, Children & Poverty Alleviation, Concept Note – 24 Hour National Domestic Violence Helpline, Section G. PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 91 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI  Ministry of Women, Children & Poverty Alleviation – (Acting Senior Women Interest Officer – Secretariat) The committee decided that the four non-government organisation were capable of providing evidence which allow them to be considered in the second level of assessment which is the selective tender process.
4.2.1.3 The selective tender process was advertised on 25th of May 2016 and closed on 08th of June, 2016.

The Ministry received the tender submission from the same non-government organisation.

The tender evaluation committee met on the 15th of June, 2016.

The purpose of the meeting was to evaluate and recommend the organization to be awarded the tender of establishing the 24 Hour National Domestic Violence Helpline.
4.2.1.4 The Ministry of Women, Children and Poverty Alleviation and Fiji Women’s Crisis Centre entered into a Grant Agreement which was made successful on 16th of September, 2016.
Fiji Women’s Crisis Centre is a charitable organisation, incorporated under Charitable Trust Act (Cap 67) of Fiji.204 The Ministry of Women, Children and Poverty Alleviation agree to make available to Fiji Women’s Crisis Centre (FWCC) the aggregate principal amount of F$170,000 VIP which are to be paid in instalments.205 4.2.1.5 The selection process was made by the tender committee on the following basis: Figure 4.15: Tender Process Selection Committee Stage 1 •Administration Evaluation Stage 2 •Technical Evaluation Stage 3 •Cost Evaluation Upon evaluation made by the Tender Evaluation Committee, it was recommended that tender for National Domestic Violence Helpline be awarded to Fiji Women’s Crisis Centre (FWCC).
4.2.1.6 FWCC will continue to monitor and evaluate the Helpline and the referral system during the duration of this Agreement to ensure the referral system is progressively improved.
All referrals made will be recorded and copies of these to be provided to the Ministry every 204 Grant Agreement between Ministry Women, Children & Poverty Alleviation and Fiji Women’s Crisis Centre, p.1 205 Grant Agreement between Ministry of Women, Children & Poverty Alleviation and Fiji Women’s Crisis Centre, paragraph 3.1, p.3 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 92 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI quarter.
FWCC will ensure that counsellors are appropriately trained and supported and the quality of counselling services provided via the Helpline will be closely monitored.

206 4.2.1.7 A report on the quality of counselling services will be given to the Ministry on a quarterly basis.
207 FWCC will maintain and use appropriate hardware and software to record data from calls and work with the telecommunication stakeholders and other contractors if necessary maintain and use appropriate hardware and software to keep records of all call as received and made and provide the same to the Ministry as required by the Ministry.
208 4.2.1.8 FWCC will provide a financial and operational report to the Ministry on a quarterly basis as outlined in Schedule before the release of the next tranche of funds.

FWCC’s reports to the Ministry should include data analysis from Helpline calls.
If FWCC becomes aware of any matter which may reasonably expected to change the scope or timing of the Project delivery, FWCC must give written notice to the Ministry.209 4.2.1.9 The FWCC must provide the Ministry quarterly financial reports of the funds that have been utilized with a Program implementation report no later than one month after the relevant quarter.210 The FWCC shall provide to the Ministry a final audit report no later than two months after the period under audit.211 4.2.1.10 The Ministry may conduct site visits on a quarterly basis during the term of this Agreement, to review and comment on the utilization of the Government Grant and the progress of the program.212 4.2.1.11 Our review of documents pertaining to the project on National Domestic Violence Helpline noted that the frequency of reporting made by FWCC was not aligned with the reporting period as specified in the Grant Agreement.
4.2.1.12 We also noted instances of reports were not submitted by FWCC to Ministry of Women, Children and Poverty Alleviation.

The inconsistent reporting by the Fiji Women Crisis Centre indicates poor monitoring and reviewing of projects by the Ministry of Women, Children and Poverty Alleviation.

As a result, we could not determine whether the referral calls has been progressively improved.
Table 4.8 provide the details of reports not submitted and the reports that are submitted by EVAW desk in the Department of Women.
Table 4.8: Limitation in review reports for DV Helpline Project Reports not submitted by EVAW desk Referral report - September 2016 Referral report – October 2016 Referral report – November 2016 Referral report – December 2016 Reports submitted by EVAW desk Statistics and Challenges report – April 2017 Statistics and Challenges report – May 2017 Statistics and Challenges report – June 2017 Statistic and challenges report – January to March 2018 206 Grant Agreement between MWCPA and Fiji Women’s Crisis Centre, paragraph 5.7, p.4 207 Grant Agreement between MWCPA and Fiji Women’s Crisis Centre, paragraph 5.9, p.4 208 Grant Agreement between MWCPA and Fiji Women’s Crisis Centre, paragraph 5.11, p.5 209 Grant Agreement between MWCPA and Fiji Women’s Crisis Centre, paragraph 5.21, p.6 210 Grant Agreement between MWCPA and Fiji Women’s Crisis Centre, paragraph 8.2, p.7 211 Grant Agreement between MWCPA and Fiji Women’s Crisis Centre, paragraph 8.3, p.7 212 Grant Agreement between MWCPA and Fiji Women’s Crisis Centre, paragraph 10.1, p.8 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 93 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Reports not submitted by EVAW desk Referral report – January 2017 Referral report – February 2017 Report on quality of counselling services from September Reports submitted by EVAW desk Statistics and challenges report – August 2018 Statistics and challenges report – December 2017 Statistics and challenges report – March to December 2016 Quarterly Financial report Program Implementation report Final audit report Site Visit report by EVAW desk of Department of Women 2017 Statistics and challenges report – January 2018 Statistics and challenges report – July 2017 Statistics and challenges report – November 2017 Statistics and challenges report – September 2017 4.2.1.13 Our review of the National Domestic Violence Helpline Statistics and Challenges report compiled by Fiji Women’s Crisis Centre for the months of March to June, 2017 noted that there is a lack of urgency by relevant stakeholders such as Fiji Police Force and villages in responding to domestic violence incidents.
Refer to Appendix 6 for details of challenges faced by FWCC when handling cases of domestic violence.

4.2.1.14 Discussions with the Fiji Police Force officials stated that referral cases of domestic violence reported to respective police stations are not treated as referral domestic violence cases in the Fiji Police Force daily crime records.

Thus, it is recorded as a normal criminal cases against women.
Therefore there is no statistics to identify the referral cases of domestic violence in the Fiji Police Crime Statistics Annual Report.

4.2.1.15 In an exit meeting213 with Fiji Police Force, we were informed that when cases are reported to Fiji Police Force, they are looked on the stipulations specified in the Crimes Act 2009 .

There is no special offense on violence against women as they breached stipulations stated in the Crimes Act.
As a result, all complaints, irrespective whether it is a referral cases or not, are treated as normal due to the said reason.

Fiji Police Force does not have dedicated resources to focus on preparing reports for referral cases.

Some referral cases are reported through direct line at Sexual Offence unit while some are reported directly to Fiji Police Force.
4.2.1.16 The above findings has resulted in hostile behaviour of Fiji Police Officers during the time the Domestic Violence cases were referred, problems with transportation when cases were referred, passing the call around when a follow up is done from Domestic Violence Helpline, Police in remote areas are constantly pushing responsibilities for jurisdiction on each other.

Refer to Appendix 6 for detail examples.


4.2.1.17 We further observed that there were significant number of complaints made by the survivors and concerned parties of domestic violence.

Nevertheless, there were individual officers from certain stakeholders who reflected the utmost urgency of the case reported to them.

Refer to Appendix 6 for details.


4.2.1.18 Audit acknowledged the rollout of the Service Delivery Protocol training to service provider and the launched of the Service Delivery Protocol that will leverage opportunity for improved service on trauma faced by the survivors of domestic violence.

Fiji National Service Delivery Protocol is to outline overall guidelines for standard operating procedures 213 Dated 30th May 2019.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 94 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI for inter-agency response to gender based violence.

This Protocol provides guidance on key aspects of response and service delivery, including:  Outlining best practice and minimum standards for a survivor centred approach to service delivery.
 Guiding principles and minimum standards for ethically and safely responding to cases of GBV for organisations that work specifically on GBV, to prevent further victimization of the survivor by service providers.

 Agreed referral pathways which adhere to minimum standards for responding to GBV survivors.

 Outlining of the key roles and responsibilities of multi-sectoral service providers, including health, social services, police and legal aid.
This includes the responsibility for service delivery coordination and governance.

 How to follow best practice in terms of confidentiality protocols, informed   consent and mandatory reporting guidelines and procedures.

Specific approaches required to adequately support child survivors, in line with the Fiji Interagency Guidelines on Child Abuse and Neglect.
Ensuring an inclusive response for diverse populations, including women and girls with disabilities, as well as lesbian, bi-sexual, and trans–women.

The Department of Women revealed that the Ministry and Fiji Women’s Crisis Centre (FWCC) have delivered the roll-out of Service Delivery Protocol (SDP) through wide consultation with service providers of domestic violence cases.
The final Service Delivery Protocol clearly specified the roles of service providers of domestic violence on the process and procedures in handling domestic violence cases Recommendation 32.

Fiji Police Force should identify gaps in legislation relating to domestic violence and consult lead agency on the gaps between the actual works against domestic violence framework.

33.

The Ministry and FWCC should ensure that parag raphs 5.7, 5.9, 5.21, and 8.2 of the Grant Agreement are complied with.

34.
34.

The Department of Women should ensure proper maintenance and up keep of records pertaining violence against women.

4.2 Zero Tolerance Violence Free Community (ZTVFC) 4.3.1 Cabinet endorsed the establishment of the Zero Tolerance Violence Free Community (ZTVFC) project in 2008.

The project is part of government’s broader response to the Elimination of Violence against Women (EVAW) implemented through the Ministry for Women, Children and Poverty Alleviation.
The project has expanded and has far covered the four division of Fiji namely Northern, Western, Eastern and Central Division as follows.

The distribution of ZTVFC project and its phases are illustrated below.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 95 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Figure 4.16: Distribution of ZTVFC project by Divisions (2008 – 2018) Source: Zero Tolerance Violence Free Communities Listings as at 10/02/2018 4.3.2 The Beijing Declaration and Platform of Action (1995), the Convention on the Elimination of All Forms of Discrimination against Women (1979) and the UN Security Council Resolution 1325 (2000).
The Pacific Platform of Action (1994) and the Pacific Plan (2005) are the commitments made by Fiji in international and our regional forums and all these contain sections on violence against women.214 4.3.3 The Women’s Plan of Action and SEEDS both demand of all sectors of government to work together on all spheres of work.
Violence against women requires the concerted effort of relevant government Ministries, Civil Society and community based organisations and Development partners working together to create communities that have zero tolerance for any form of violence.215 4.3.4 Since 2008, a total of 88 communities were engaged with the ZTVFC.
Sixty (60) communities have been declared violence free and fourteen (14) communities officially committed while fourteen (14) communities are still at the early phases of implementation.216 4.3.5 In establishing ZTVFC, there are processes to follow in which the communities are identified through consultation with the Fiji Police Force and the project would only be undertaken in the identified community upon endorsement by the relevant community.
4.3.6 The identified ZTVFC will be officially declared after all the processes illustrated below are undertaken.
214 Cabinet Memorandum on Violence Against Women endorsed on 13th June 2008, paragraph 8.2 215 Cabinet Memorandum on Violence Against Women endorsed on 13th June 2008, paragraph 8.3 216 ZTVFC Listings as at 10/02/2018 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 96 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Figure 4.17: ZTVFC Establishment System Process Initial Planning with FPF to identify a community Identify Stakeholders Stakeholders Meeting Endorsing an identified community Stakeholders Monthly Meeting Establishment of Community Committee & Monthly Meeting Community Training on DV issues Stakeholders Training on DV issues Economic & Social Empowerment Programme Declaration of ZTVFC Monitoring and Evaluation (during implementation) Source: Standard Operating Procedures for establishing ZTVFC, 2011, pp.
4 - 10 4.3.1 External Evaluation of Zero Tolerance Violence Free Community (ZTVFC) 4.3.1.1 Formative evaluation will be undertaken as a follow up and will be undertaken through interviews, group discussion and household discussions on the progress, topics covered and other questions to provide feedback on the programme implementations.217 4.3.1.2 An external evaluator will be engaged to undertake evaluation of the project after three – six months from the official declaration.
218 4.3.1.3 The objective of this Evaluation Project is to assess the Relevance, Efficiency, Effectiveness, Inclusiveness and sustainability of the Department of Women’s Zero Tolerance Violence Free Community.
Other issues to consider and actions to be undertaken include the review of the updated Monitoring and Evaluation Framework and advising on issues arising, review of indicators and comments on their efficacy, comment on monitoring form and procedures, review off and comments on Work Plan & Budget, review off and comments on annual reports to donors, comment on ethical guidelines and their efficacy of implementation, comment on support of other government offices and key stakeholders.219 4.3.1.4 However, we noted that there were delays in hiring external evaluator to undertake the evaluation of ZTVFC project.
The audit observed that the following factors contributed to the delay in the commencement of the external evaluation on ZTVFC project.

These are highlighted in detail in Figure 4.17(a).The exit meeting 220with the Ministry of Women officials noted that the evaluation of the ZTFC project is currently in progress.
217 Standard Operating Procedures on ZTVFC, paragraph 11.3, p.10 218 Standard Operating Procedures on ZTVFC, paragraph 11.5, p.10 219 Terms of Reference on Call for Consultancy, paragraph 11, p.2 220 Dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 97 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.3.1.5 Due to delay in the appointment of an external evaluator, the Ministry and relevant stakeholders are yet to assess the relevance, effectiveness, inclusiveness and sustainability of the Department of Women’s Zero Tolerance Violence Free Community Projects.
Figure 4.17(a): Factors caused the Delay in Hiring External Evaluator No consultancy agreement signed Committed to other contract Unavailability of the selected International consultant Withdrawal of the selected National Consultant Amendments to budget proposal Failure to facilitate international consultants expenditure Issues of consultant's start time Failure in facilitation of pay facilities - Int.consultants Delay in hiring external evaluator Readvertise Staff Turnover Disputes in tax Ineffectiveness of Internal Processes Lack of management decision Revised Int.
Consultant budget Variation in consultant proposed rate Solicitor General review Lack of clarity on TOR Insufficient Budget Delay in consultancy agreement 4.3.1.6 Furthermore, records pertaining to the identifications, commitment and declaration phases of each project engaged with ZTVFC were generally lacking with the Ministry of Women, Children & Poverty Alleviation.
4.3.1.7 The Ministry did not carry out a review of the SOP (Standard Operating Procedures) to assess the effectiveness of accountability of records pertaining to each phases of the Zero Tolerance Violence Free Community Projects.

Recommendation 35.

The Ministry of Women should strengthen its internal processes and ensure proper maintenance and up keep of records pertaining to violence against women.

36.
36.

The Ministry in collaboration with relevant stakeholders should ensure that SOPs are reviewed from time to time.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 98 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.4 Ministry Cooperation with Fiji Police Force 4.4.1 With Government’s goal to reduce poverty to a negligible level, the Ministry of Women, Children & Poverty Alleviation seeks to promote the development and empowerment of women towards gender equality in partnership with relevant stakeholders.
The collaborative approach is intended to recognize the desire to strengthen the relationship in the empowerment of women and children and promoting Gender Equality.

221 4.4.2 The objective of the MOU is for the Ministry of Women, Children & Poverty Alleviation and the Fiji Police Force to endeavour to take necessary measures to promote and develop cooperation in the field of protection of human rights of women and children.
222 The term of the MOU is for 3 year and shall commence on the 10th of December, 2015 and come to an end on 10th December, 2018.
223 4.4.1 Effectiveness of Engagement with Fiji Police Force 4.4.1.1 The Ministry undertakes to negotiate with the relevant development partner(s) for the provision of Training on Gender Mainstreaming, Gender and Human Rights to be included in the annual Police Training calendar for every training for recruits and refresher training for operational police and police prosecutors, to provide advisory support to the Fiji Police Force on technical issues of gender mainstreaming, to provide quarterly to the Divisional Police Commanders on the progress of the Ministry’s Zero Tolerance Violence Free Community Programs within their divisions.224 4.4.1.2 The Fiji Police Force undertakes to provide to the Ministry’s quarterly meeting of the Inter – Agency Task Force on the Elimination of Violence against Women (EVAW) sex- disaggregated data on the number of reported cases on violence against women, domestic violence, sexual violence, child abuse, child neglect, and child sexual abuse and actions taken.
Inclusion of topics of “Domestic Violence Decree, the Child Welfare Decree, Sexual and Personal violence offences in the Crimes Decree in the Fiji Police Force Annual Training calendar to continuously build the capacities of police officers in the area of the Elimination of Violence against Women and Children.225 4.4.1.3 There shall be a review conducted in the third quarter of the MOU.

Both parties shall share the outcomes of the review for further enhancement of the partnership.
226 4.4.1.4 However, we noted that quarterly progress records pertaining to the Ministry’s ZTVFC programs submitted to Divisional Police Commanders by Women Interest Assistant within their divisions were generally lacking with the Ministry of Women, Children & Poverty Alleviation.
221 MOU 2015 between Ministry of Women, Children & Poverty Alleviation & Fiji Police Force, p.2 222 MOU 2015 between Ministry of Women, Children & Poverty Alleviation & Fiji Police Force, paragraph 1.0, p.2 223 MOU 2015 between Ministry of Women, Children & Poverty Alleviation & Fiji Police Force, paragraph 2.0, p.2 224 MOU 2015 between Ministry of Women, Children & Poverty Alleviation & Fiji Police Force, paragraph 3.2, p.3 225 MOU 2015 between Ministry of Women, Children & Poverty Alleviation & Fiji Police Force, paragraph 3.3(ii), p.4 226 MOU 2015 between Ministry of Women, Children & Poverty Alleviation & Fiji Police Force, paragraph 3.4(c)(d), p.5 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 99 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 4.4.1.5 Moreover, the Fiji Police Force is yet to include the topics of Domestic Violence Act, Child Welfare Act, Sexual and Personal violence offences in the Police Academy Training Manual August 2017 – July 2018.
4.4.1.6 Furthermore, the Ministry and Fiji Police Force are yet to undertake review in the third quarter (December 2018) of the MOU.

4.4.1.7 During the exit meeting227 we were informed by the Manager Statistics/Planning that the matter was discussed during the workshop on CEDAW and Ministry of Women and Fiji Police Force has set a timeline to review the MOU.
In another exit meeting228with Department of Women advised that the MOU with Fiji Police Force has expired in 2018 and decision is yet to be made to renew it.

Despite expiry of the MOU, the reporting systems from Fiji Police Force to Department of Women is still active.
The Department of Women agreed with the recommendation on reviewing the MOU with Fiji Police Force as the Service Delivery Protocol is solely focused only the procedures and process in handling domestic violence cases for service providers and does not accommodate other provisions specified in the MOU with Fiji Police Force.

Recommendation 37.

The Ministry of Women should carry out review of the MOU between Fiji Police Force.
The r eview process must identify the gaps between the operational work against the MOU between the Fiji Police Force.

227 Dated 30th May, 2019.

228 Dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 100 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 5.0 MONITORING AND REPORTING ENVIRONMENT 5.0.1 It is best organizational practice to ensure that activities of the organization are sufficiently monitored.
Monitoring activities include collection of data, analysis of the information and experiences and drawing of conclusions.

These are then recorded and reported together with recommendations for future actions including improvements and new developments.

5.0.2 Monitoring and reporting of the EVAW thematic area of the WPA is conducted via an implementation plan which has a monitoring and evaluation component and the monitoring framework.
5.0.3 Effective monitoring and reporting will result not only in demonstrating the changing position of women in the key areas of concern but also identify policy changes required.

Furthermore, it will improve the implementation of the EVAW programs so as to ensure that the issue of violence against women is prevented, reduced or eliminated altogether.
5.1 Monitoring Strategies 5.1.1 Monitoring is a continuous process, conducted internally throughout the project cycle, either by managers or by beneficiaries, to measure the progress of development interventions against pre-defined objectives and plans.
5.1.2 According to the Organization for Economic Co-operation and Development’s (OECD) definition of evaluation which was developed by its Development Assistance Committee (DAC), the term evaluation refers to the systematic and objective assessment of an on- going or completed project, programme or policy, its design, implementation, and results in relation to specified evaluation criteria.

Evaluation involves measuring objectively what was done, what happened as a result and why.
The key features of evaluation are independence, transparency and methodology.229 5.1.3 The aim of monitoring and evaluation is:  To assess impact and value for money;  To enable and promote learning from success and challenges in programme design and implementation; and  To ensure accountability to taxpayers, beneficiaries and stakeholders.230 5.1.4 In the case of violence against women, a focus on impact and results would help the Department of Women in a number of ways as presented in Table 5.1 below.
Table 5.1: Rationale for the importance of Monitoring and Evaluation of VAW programming Brief Given the weakness of the evidence base on VAW, it is only by identifying, monitoring and evaluating the accuracy of assumptions about ‘what works and why’ that the programming will be strengthened Rational Clarify assumptions about interventions, integrate them into a Theory of Change (ToC)231 and make them viable for testing.
229 Department for International Development, Guidance Note 3 on monitoring and evaluation for programming on VAWG, p.5 230Department for International Development, Guidance Note 3 on monitoring and evaluation for programming on VAWG, Chapter 1, p.5.

231ToC – refers to a comprehensive description and illustration of how and why a desired change is expected to happen in a particular context.
It is focused in particular on mapping out or “filling in” what has been described as PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 101 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Identify risks that can affect the programme intervention and develop monitoring mechanisms in order to successfully manage these risks.

Keep the programme relevant, effective and efficient.

Provide accountability to all stakeholders.


Empower stakeholders to analyze the change process and ensure ownership and sustainability.

in the future.

This will also help us learn how change happens and how interventions can contribute positively and negatively to social transformation.

There are specific risks that can influence the success of a programme, such as the failure of police to investigate incidents of VAWG in a project that is designed to improve access to justice for survivors of VAWG.
Through constant monitoring to identify a program’s effects in the wider context, the intervention can then be adjusted to ensure maximum impact.

This includes the donor/taxpayer, activists and beneficiaries, and is important for increasing legitimacy, building credibility and enhancing support for social transformation.

Collecting data and demonstrating the impact of efforts to prevent VAWG can be a powerful way to increase political will, support and resources to ultimately end VAWG.
Evidence shows work on VAWG is most effective when it prioritizes women’s needs and rights, is accountable to them, and sees their empowerment and rights as both means and ends in themselves (see Principle 1.7 on p. 11 of the Theory of Change).

Source: Department for International Development, Guidance Note 3 on monitoring and evaluation for programming on VAWG, p.5.

5.1.5 We noted weaknesses, as noted below, in relation to the monitoring and evaluation of the EVAW programs.
5.1.1 Planning and Budgeting for Monitoring and Evaluation Activities 5.1.1.1 Monitoring and Evaluation Plans should be created at the design phase of a violence against women project or programme and should specify how the intervention will be addressed.
Furthermore, research shows that planning evaluation before the programme implementation ensured targets are more realistic, which would assist in the planning of programme roll outs.232 Figure 5.1 contains some standard steps to follow which can be included in VAW programs.
Figure 5.1: Key elements of monitoring and evaluation plans Source: Department for International Development, Guidance Note 3 on monitoring and evaluation for programming on VAWG, p.8 the “missing middle” between what a program or change initiative does (its activities or interventions) and how these lead to desired goals being achieved.

It does this by first identifying all the conditions (outcomes) that must be in place (and how are these related to one another casually) for the goals to occur.
These are all mapped out (http://www.theoryofchange.org/what-is-theory-of-change/how-does-theory-of- in an Outcomes Framework.

change-work/when-to-use/) 232 Department for International Development, Guidance Note 3 on monitoring and evaluation for programming on VAWG, Chapter 3, p.8.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 102 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 5.1.1.2 During the audit, it was noted that the DoW did not develop a comprehensive annual monitoring and evaluation plan for monitoring the impact of EVAW programs.

We further noted that the issue of developing a monitoring and evaluation plan was highlighted during the first meeting of the EVAW Taskforce at its re-establishment on 26 February 2013.
It was noted that the responsibility for scoping the strategic documents was assigned to the core secretariat support group.

The strategic documents was to include an implementation plan with a monitoring and evaluation component.

5.1.1.3 Discussions with officials of DoW confirmed that there was no monitoring and evaluation plan produced till date of the audit.

It was revealed to audit that the only strategic documents that was developed was the Annual Work Plan for 2013.
As addressed in section 3 of this report, the subsequent periods Annual Work Plan were also not developed.

5.1.1.4 Furthermore, we noted that the amount budgeted for the implementation of the WPA for the years 2014 to 2016/2017 were not fully utilized.

Details of savings are listed in Table 5.2 below.


Table 5.2: Savings for years 2014 to 2016/2017 Year 2016/2017 2016 2015 2014 TOTAL WPA Budget ($) 1,000,000 1,000,000 1,000,000 750,000 3,750,000 WPA Actuals($) 939,398.29 466,736.03 891,406.54 593,824.58 2,891,365.44 Savings ($) 60,601.71 533,263.97 108,593.46 156,175.42 858,634.56 Source: Budget figures obtained from Government budget appropriation & Actual figures derived from FMIS.

The savings could have been used for improving the monitoring process.
5.1.1.5 Inability to properly plan and budget for monitoring and evaluation activities lowers the priority given to the activity by DoW.

It will also limit the DoW in demonstrating their ability to carry out their responsibilities so that corrective measures are appropriately taken.

The Department of Women have agreed to the audit findings and recommendations.

233 Recommendation 38.


The Department of Women should appropriately plan and budget the monitoring and evaluation activities for the EVAW thematic area as well as the other thematic areas.
: 5.1.2 Monitoring and Evaluation Framework 5.1.2.1 To ensure effective implementation of the Platform for Action and to enhance the work for the advancement of women at the national, sub regional/ regional and international levels, Governments, the United Nations system and all other relevant organizations 233 Post exit meeting discussions dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 103 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI should promote an active and visible policy of mainstreaming a gender perspective, inter alia, in the monitoring and evaluation of all policies and programs.234 5.1.2.2 A clear framework is essential to guide monitoring and evaluation.
A framework should explain how the programme is supposed to work by laying out the components of the initiative and the order or the steps needed to achieve the desired results.
A framework increases understanding of the programme’s goals and objectives, defines the relationships between factors key to implementation, and articulates the internal and external elements that could affect the programme’s success.235 5.1.2.3 Monitoring and evaluation frameworks:  Assist in understanding and analyzing a programme;  Help to develop sound monitoring and evaluation plans and implementation of monitoring and evaluation activities;  Articulate programme goals and measurable short, medium and long-term objectives;  Define relationships among inputs, activities, outputs, outcomes and impacts;  Clarify the relationship between programme activities and external factors; and  Demonstrate how activities will lead to desired outcomes and impacts, especially when resources are not available to conduct rigorous impact evaluations.
They often display relationships graphically.236 5.1.2.4 The monitoring framework will include the Executive Gender Management Team and the National Women’s Advisory Council.237 5.1.2.5 In reviewing the documents related to monitoring, we noted that the DoW had developed a template for internal monitoring and reporting which guided the desk officers responsible for each thematic area.
However, as specified in the WPA document, the Department of Women was to set up an Executive Gender Management Team and the National Women’s Advisory Council as part of the monitoring framework.

However, as the highlighted in Section 3.4.1 of this report, the establishment of the teams did not eventuate.
5.1.2.6 Upon seeking clarification from the officials238 at the Department regarding the reasons for the non-establishment of the committees, we were not provided satisfactory explanations for the non-establishment of the monitoring committees.

However, we were informed that there is a need to look at the overall Departments work in terms of connectivity of work which is linked to other thematic areas and not necessarily EVAW.

234 Beijing Declaration and Platform for Action, paragraph 292, p.119.
235Best Practice – UN Women website, Virtual knowledge centre to end violence against Women and Girls, Monitoring and Evaluation Frameworks, also available online at: http://www.endvawnow.org/en/articles/335- monitoring-and-evaluation-frameworks-3-parts.html 236Best Practice – UN Women website, Virtual knowledge centre to end violence against Women and Girls, Monitoring and Evaluation Frameworks, also available online at: http://www.endvawnow.org/en/articles/335- monitoring-and-evaluation-frameworks-3-parts.html 237 Women’s Plan of Action, paragraph 2, p.20.
238 Response from SWIO (WPA), received via email on 29 March 2018.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 104 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 5.1.2.7 In the absence of the Executive Gender Management Team and the National Women’s Advisory Council as part of the monitoring framework, we enquired on the existence of an alternative monitoring and evaluation framework, DoW confirmed that the evaluation framework was what was envisaged to be undertaken during the external evaluation with its TOR which was parts of the call for EOI for the evaluation of the ZTVFC.
In contrary, audit noted that the evaluation that the officer was referring to, encompassed the evaluation of the ZTVFC program as a stand-alone exercise which did not include the monitoring and evaluations of other programs within the EVAW thematic area.

Even so, the evaluation of the ZTVFC still has not eventuated till the date of the audit.
5.1.2.8 However, audit acknowledges that the Department has just currently developed an accountability framework to strengthen the monitoring capacity of the Department.

5.1.2.9 The absence of a monitoring framework can lead to ineffective and undocumented monitoring practices for institutional memory.
The Department of Women agreed with the audit findings and recommendations239 however they have draft monitoring and evaluation framework and it is now strengthened through the new Annual Planning process (i.e.

through the Costed Operation Pan and Strategic Plan).

Recommendation 39.

The Department of Women should ensure that a monitoring and evaluation framework is developed to guide staff in carrying out the monitoring and evaluation activity.
5.2 Reporting Strategies 5.2.1 Reporting requirement at the International Level 5.2.1.1 The implementation of the Convention is monitored by the Committee on the Elimination of Discrimination against Women (CEDAW).

The Committee's mandate and the administration of the treaty are defined in Articles 17 to 30 of the Convention.
The Committee is composed of 23 experts nominated by their Governments and elected by the States parties as individuals “of high moral standing and competence in the field covered by the Convention".

240 5.2.1.2 At least every four years, the States parties are expected to submit a national report to the Committee, indicating the measures they have adopted to give effect to the provisions of the Convention.
During its annual session, the Committee members discuss these reports with the Government representatives and explore with them areas for further action by 239 Post exit meeting discussions dated 10th June, 2019 240 Best Practice – United Nations Human Rights Office of the High Commissioner website, Convention on the Elimination of All Forms of Discrimination against Women, New York, 18 December 1979, also available online at: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 105 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI the specific country.
The Committee also makes general recommendations to the States parties on matters concerning the elimination of discrimination against women.

241 5.2.1.3 In the following paragraphs, issues noted during our audit of timeliness and coordination of efforts between stakeholders in the preparation of the State report are highlighted.
5.2.1.1 Reporting Timelines to the CEDAW Committee 5.2.1.1.1 5.2.1.1.2 The Committee requests the State party to respond to the concerns expressed in the present observations in its next periodic report under article 18 of the Convention.
The Committee invites the State party to submit its next periodic report in July 2014.242 As captured in Table 5.3 below, the 5th State report was submitted to the CEDAW Committee in 2016 despite concluding remarks from the committee specifying that the report be submitted in July of 2014.

Hence, preparation and submission of the State report to the CEDAW Committee was delayed by two years.

No.
Table 5.3: State reports submitted to the CEDAW Committee Period covered in report 2010 to 2014 2015 to 2018 Due date as per Committee’s concluding remarks July 2014 Not stated 5th State report 6th State report Actual submission date 2016 Planned to be in 2020 5.2.1.1.3 Discussions with officials at the DoW revealed that the delay was caused by the following factors:  Long processing time for consultations and internal validation with other agencies on the draft report;  Progressive work was not done in advance, hence work processes in itself was challenging;  Realignment of the State report against the Reporting Format and requirements of the UN Treaty; and  High staff turnover which affected continuation of work and capacity to progress through with the whole process till submission to cabinet for approval and eventually to the CEDAW Committee.
5.2.1.1.4 Given that all State parties ratifying the Convention are obliged under the provisions of the convention, non- adherence to the concluding remarks of the Committee may hinder the states progression in terms of implementation of the articles.

This can also lead to the widening of the States status in the gender gap index report in which one of the contributing factors is gender based violence.

The Department of Women have agreed to the audit findings and recommendations.
243 241Best Practice – United Nations Human Rights Office of the High Commissioner website, Convention on the Elimination of All Forms of Discrimination against Women, New York, 18 December 1979, also available online at: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx 242 CEDAW Committee concluding remarks to the combined 2nd, 3rd and 4th Fiji State Report to the CEDAW Committee, paragraph 52, p.13.
243 Post exit meeting discussions dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 106 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Recommendation 40.

The Department of Women should ensure that timelines set by the CEDAW Committee is adhered to.
: 5.2.1.2 Coordinative Actions in preparing the State Reports 5.2.1.2.1 5.2.1.2.2 The Committee requests the State party to ensure the wide participation of all ministries and public bodies in the preparation of its next report, as well as to consult a variety of women’s and human rights organizations during that phase.
244 The Committee calls upon the State party to include, in its delegation for the consideration of that report, representatives who possess expertise in the broad range of areas covered by the Convention, so as to ensure a constructive and fruitful dialogue.

245 5.2.1.2.3 We further noted that, alongside the State’s report on the implementation of the provisions of CEDAW, there were parallel coalition reports also submitted by the NGO groups in Fiji.
Some of the parties involved in the compilation of the coalition report were: femLINK Pacific; The Fiji Women’s Crisis Centre (FWCC); 1.

2.

The Fiji Women’s Rights Movement (FWRM); 3.

Citizens Constitutional Forum (CCF); 4.

Diverse Voices and Action for Equality (DIVA) Fiji; 5.

6.

Fiji Disabled Peoples Federation; 7.

National Union for Commercial Factory Workers; 8.

Haus of Khameleon; 9.

Pacific Sexual and Reproductive Health Centre; 10.

Pacific Disability Form; and 11.


Soqosoqo Vakamarama iTaukei.

5.2.1.2.4 Comparison of the two different reports to the CEDAW Committee during audit revealed that statements showcased different standpoints.

While the State report pointed out more of the positive outcomes that the State has undertaken in terms of implementation of the CEDAW provisions, the NGO coalition reports depicted a more negative standpoint, one in which loopholes and shortfalls were presented to the CEDAW Committee.
5.2.1.2.5 The findings reveal that the existence of weak collaboration between the government body and the NGO’s on issues regarding violence against women.

5.2.1.2.6 Failure to show collaboration may hinder the States progression in implementing the CEDAW provisions.

244 CEDAW Committee concluding remarks to the combined 2nd, 3rd and 4th Fiji State Report to the CEDAW Committee, paragraph 51, p.13.
245 CEDAW Committee concluding remarks to the combined 2nd, 3rd and 4th Fiji State Report to the CEDAW Committee, paragraph 52, p.13.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 107 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI The Department of Women have agreed to the audit findings and recommendations.

246 Recommendation 41.

The Department of Women should strengthen collaboration with NGO’s on issues regarding VAW.
: 5.2.2 Reporting requirements at the Agency Level 5.2.2.1 Each agency must prepare an annual report for submission to its Minister by 30th May in the following year.247 5.2.2.2 Each annual report must contain the following minimum information – a.

Review by Permanent Secretary – summary of major issues during the year; overview of performance and activities; and outlook for the future; b.
Agency Overview - vision, mission and values; services ; and organizational structure; c. Report on Performance – contribution to the Strategic Development Plan; service delivery performance compared with targets; and performance of trading and manufacturing accounts (where applicable); d. Management and Resources – senior executives and their responsibilities; human resources; infrastructure; procurement (results of tenders and exemptions from competitive procurement); and Finances such as audited financial statements.248 5.2.2.3 The Minister responsible for women will provide an annual report of achievements and changes to the Plan of Action and progress reports on continuing work.
249 5.2.2.4 During the audit, it was noted that the MWCPA did not prepare Annual reports for the years 2014 to 2016 (7 months).250 Table 5.4 details the Annual reports that have been published by the MWCPA and Fiji Police Force.
Table 5.4: Published Annual Reports for MWCPA and Fiji Police Force Agency MWCPA Fiji Police Force 2014 2015 2016 (7 months) Yes Yes Yes Yes Yes Yes 2016/2017 Yes Yes 5.2.2.5 While we acknowledge the efforts of both lead agencies in publishing their annual reports, it should be noted that the MWCPA Annual reports for 2014, 2015 and January to July 2016 were submitted in May 2018 which is contrary to the legislative timeframe stipulated in Section 69 of the Finance Instructions 2010.
246 Post exit meeting discussions dated 10th June, 2019 247 Finance Instructions 2010, Section 69.

248 Finance Instructions 2010, Section 70(1).

249 Women Plan of Action, paragraph 3, p.20.

250At the date of drafting the report, preparation of the 2016/2017 annual reports had yet to eventuate as the finalization of the audited financial statements had yet to be completed.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 108 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 5.2.2.6 Delay in preparation of Annual reports can impede on the effective monitoring of EVAW programs and activities by its line Ministry.

The Department of Women have agreed to the audit findings and recommendations251 and provided audits with updates on the publication of the Annual reports.
The Annual reports for 2014 – 2017 have been published on the Ministry website.

Recommendation 42.

The Ministry of Women Children and Poverty Alleviation should ensure that Annual Reports : are prepared and submitted to its Minister according to the timeline specified in section 69 of the Finance Instructions.
251 Post exit meeting discussions dated 10th June, 2019 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 109 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 6.0 APPENDICES Appendix 1 Challenges perceived Gender based violence in Legislation affecting Crimes Act 2009 There are inherent problems with the definition of “consent,” which only partially bans the requirement of proof of resistance in sexual offence cases.25 The Act also allows for a defence to sex with children between 13 – 16 when there is a “reasonable cause to believe” that victim was 16 or older.
Furthermore, domestic violence cases are charged under the Crimes Act and the penalties imposed are captured under “Assaults,” which carry relatively light sentences with a maximum of one year for common assault and maximum five years for assaults causing actual bodily harm.27 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.28 The Sentencing and Penalties Act of 2009 provides an opportunity for judges to enhance punishment for domestic violence cases based on aggravating factors, but case law analysis on sentencing decisions shows that the act has not had a tangible effect on the final sentences imposed.
Domestic Violence Act 2009 On its face the Domestic Violence Act is a progressive piece of legislation, as it extends protections to “de facto” relationships and recognizes the multiplicity of other family relationships.

It is also widely understood to cover same sex relationships.
Moreover, a greater number of courts have jurisdiction to review domestic violence cases and there is increased flexibility in being able obtain domestic violence restraining orders (DVRO) as well as expanding police authority to investigate and prosecute domestic violence.

….

Fiji still has not adopted a “comprehensive or integrated approach to legislative reform in the area of violence against women [and girls] .

.

.
.

.

because the changes do not address the full range of gender-based violence or the underlying systemic discrimination against women.” In making the Domestic Violence Act gender neutral, there have been several unintended consequences.

For example, the Constitution guarantees effective remedies for persons who have experienced discrimination, which under CEDAW General Recommendation 19, includes violence against women and girls.
The State claims that access to justice has been strengthened by Legal Aid.34.

Yet, men have used the Domestic Violence Act to remove their female partners from the matrimonial home by obtaining residential DVRO’s.

Husbands are better positioned to access the justice system because they have higher earning capacity, no restrictions on leaving the home, greater knowledge of the legal process, and benefit from favourable attitudes of law enforcement toward men.
Consequently, men have engaged Legal Aid before their spouses, effectively barring them from benefitting from one of the few viable means to access the courts.

The object and purpose of the Act is defeated because women are the vast majority of victims of domestic violence.

Source: 2016 Shadow NGO Report on Fiji’s Fifth State periodic report to the CEDAW Committee, and the 2017 Concluding Observations Report of the CEDAW Committee, Article 1, Subsection 2, part (c) and (d).
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 110 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Appendix 2 (Names of Stations have been withheld) 2014 Cases List of Case Files received from FWCC 1.

Post: RAK Police Post Date: First week of January 2014 Details: The victim had taken her daughter to the movies and returned home.
Police sided with the perpetrator (husband) by encouraging him to report his wife as a missing person even if she leaves the house for a few hours trying to cause the victim shame.

Husband has been restricting victim’s movements and verbally/emotionally abusing her.

2.

Station: QD Police Station Date: 8/1/14 Details: The police constable went to the victim’s house and forced her to reconcile with the perpetrator while her DVRO case was still in court.

3.
3.

Station: QD Police Station Date: 21/7/14 Details: Police constable did not charge the perpetrator for breaching the DVRO when the victim s reported the matter and showed him the order.

The constable told the victim to apply for another DVRO even though the order she had was still valid.

4.

Post: WWWW Police Post Date: 31/7/14 Details: The police officer who attended to the victim tried to reconcile the matter and was forcing her to stay with her husband when she wanted to leave.
The victim’s bags were already packed but the gates remained locked.

5.

Post: DWS Police Post Date: 30/07/2014 Details: The victim had an interim DVRO granted on 10/07/14.

From then to when the victim came to the Centre on 30/07/14; the interim DVRO had not been served to the victim’s husband.

The victim’s husband continued to harass her during this time and when the victim complained to DWS Police Post, her report was not recorded by the police officers.

6.
6.

Station: QD Police Station Date: 13/02/14 Details: The police constable was very rude to the victim and did not want to cooperate with her when she reported her husband for breaching the DVRO.

7.

Station: QD Police Station Date: 13/04/14 Details: The station did not serve the victim’s husband with the DVRO filed against him.

This only came to light when he did not turn up for the court case.
The police showed biasness because they did not serve the DVRO promptly on the husband, however when the PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 111 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI husband applied for child recovery, they were quick to serve the documents to the victim 8.
Station: QD Police Station Date: 26/2/14 Details: Police officers informed the victim that it was not their responsibility to assist her with DVRO forms and that they don’t keep any at the station; they told her that if anyone wanted it, then the person should get it from court.

9.

Post: GG Police Post Date: 04/03/14 Details: The victim’s husband had taken two police officers from the station to evict the victim from their house.
No court orders were given yet the police officers told the victim to leave the house and take her clothes.

These police officers did not do anything when the victim’s husband and her mother in-law tried to assault her.

10.

Station: NS Police Station Date: 05/03/14 Details: The police officer did not take the victim’s complaint regarding her husband but told parties to file for divorce because they did not get on well.

11.
11.

Station: WQ Police Station Date: 15/12/14 Details: The Officer in Charge discouraged the victim to charge her husband.

The victim’s husband is also a police officer and had physically and verbally assaulted the victim during their police Christmas party.

This was witnessed by other police officers and their family members.

From 4am to 9am the victim was at WQ Police Station wanting to have her husband charged for the assault.

There was a cross DVRO done.


The victim’s DVRO against her was effective however when the victim’s husband would continuously breach the DVRO, police did not take action.

12.

Station: LB Police Station Date: 16/03/14 Details: A police officer who is the victim’s brother in-law witnessed her being beaten up by his brother.

He did not stop his brother but convinced him to apply for a DVRO against her when the victim lodged her report with the police.

13.
13.

Station: NS Police Station Date: 13/09/14 Details: The victim got her medical done and lodged her report against her husband for physically assaulting her.

She asked the police officer to lay charges on her husband.

The next day, when the victim’s husband went to the station to give his statement, the victim felt sorry for him and wanted to drop the charges laid against him.

The police officers dropped the charges despite knowing that the No Drop Policy was in place.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 112 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 14.

Station: WQ Police Station Date: 13/09/14 Details: When the victim reported her husband for breaching the DVRO the police officer attending to the case reconciled the matter at the victim’s home even when the victim did not wish to reconcile.

15.
15.

Post: OKA Police Post Date: 10/09/14 Details: The victim was badly assaulted by her husband and reported the matter to the police and got her medical done.

The Corporal called her husband and advised them to reconcile the matter.

Two weeks later, the victim’s husband threatened to beat her again and damaged the windows and TV in the house.
When the counsellor advocate called the Corporal and checked why he reconciled the case, he told the counsellor that he could not do anything because he was busy in the community.

16.

Service Provider: VN court counsellor Date: 28/05/14 Details: During the counselling session, the counsellor told the victim to go home and pray to God and do as her husband and in-laws’ say instead of addressing the issue.
The victim was not happy with the way the counsellor spoke to her and was taking her husbands and in-laws side.

17.

Service Provider: QD Magistrates Court Date: 17/03/14 Details: According to the victim, the Magistrate dismissed the victim’s DVRO after listening to her husband (perpetrator) had said.

The victim felt as if no one had believed her.

18.

Service Provider: Magistrates Court Registry Date: 30/01/14 Details: On 06/01/14 the victim applied for a DVRO and had an interim order.
The Court Registry did not send the order out until 30/01/14 (24 days later).

The urgency and safety for the victim and her children was not regarded.

19.

Service Provider: LB court counsellor Date: 20/09/14 Details: During marriage counselling, the victim’s husband (perpetrator) wanted to reconcile but she refused to do so.

The victim was then blamed and was told by the counsellor that she was the problem in the marriage.
The counsellor told the victim to return to her husband and when the victim refused, the counsellor told the victim that she had a bad heart and when she dies, she will die with that bad heart.

The counsellor was judgemental and had blamed the victim for the marriage not working out- further victimizing her after the abuse the victim had gone through with her husband.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 113 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 20.

Station: CC Police Station Date: 30/9/14-: Details: A victim called and informed her counsellor that she had been physically and verbally abused by her husband.

The husband held her hands by force and followed her wherever she went, monitoring her every move and he also told the victim that he will take their baby away from her after she gives birth.
The victim asked her counsellor to find out from the police if the DVRO she applied against the husband has been served or not.

Before this, her counsellor called the courthouse first and she found out that the affidavit and acknowledgement of service for this DVRO has still not been filed in court.

The officer who received the order from the courthouse has given it to the Station Officer due to his shift being over.
The counsellor called the police station to talk to the Station Officer but he was out of the office and she tried on his mobile.

The counsellor was able to get through to him and she enquired if the DVRO of this victim has been served or not.

Instead of simply replying with a yes or no the Station Officer’s tone went high and he replied for the victim to just go and report about the husband’s breach of the order.
The victim’s counsellor mentioned to Station Officer that it has been 3 months since the DVRO was issued and the order was still not served and it’s laxity and ignorance on the police part as they were supposed to follow the Domestic Violence Decree and served the summon and order as soon as practicable.

Due to this non-action and delay by police, the victim was still suffering abuse from the husband who has not yet been served or explained the seriousness of the DVRO.
The station officer, not liking what he was being confronted with, turned off his phone.

NB: in order for a breach of DVRO offence to be established, the DVRO needs to be served first on a perpetrator before it can be considered that he had breached the DVRO.

It was clear in this case that the Station Officer did not even know the elements of a breach of DVRO.

21.
21.

Station: CC Police Station Dates: 2014 Details: A victim, before accessing the centre services, used to constantly report to the police station about the violence she was going through many times.

A certain police officer who happened to be in the station whenever the victim reports always informs the victim that it would be no use reporting because nothing can be done in her case.
This police officer also told the victim to return home, reconcile, and live happily with the husband despite the victim suffering.

On one occasion, the victim’s husband reported against the victim for a very minor argument and the above mentioned police officer having being present in the police station made sure that the victim’s husband was attended to properly.

His report was taken; he was well explained the DVRO and he applied for it against the victim with the help of the police.
The above mentioned police officer was also related to the victim’s husband resulting in her not wanting to do anything against his continuous abuse of the victim.

This case clearly shows the unfair implementation of the DVRO, the ignorance, biasness, delay and unprofessionalism of police officers when dealing with a domestic violence case where a woman is a victim.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 114 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI This case illustrates how a gender neutral law is misused by the service providers and perpetrator to further subject the victim to more violence.

22.

Service Provider: Legal Aid CC Dates: 17/11/14 Details: Before accessing the centre services, a victim having had enough of the violence she went through, decided to apply for a DVRO for her protection.
She was aware of the DVRO and she has set her mind to it.

Upon visiting the Legal Aid and talking to a victim Information Officer, she felt discouraged, helpless and hopeless.

The Legal Aid officer told the victim that she is only a de-facto partner and not legally married hence if she ever gets thrown out of the partner’s house because of the DVRO, she should not blame others for what is likely to happen.
Instead of considering the violent situation the victim was in and her need to be protected by the DVRO, this officer dissuaded and discouraged the victim and this victim Information Officer failed to refer the victim to see the Legal Aid lawyer for proper advice.

This resulted in the victim returning home to continue suffering her violent life.

The above mentioned officer should have assisted the victim with what she wanted rather than wrongly advising the victim.
This case depicts the misleading information, ignorance and delay in the proper implementation of the DVRO.

23.

Station: NBL Police Station Dates: 2014 Details: A case of domestic violence was reported at the NBLPolice Station.

The victim wanted to file for DVRO and no form was available at the police station.

The excuse given was that the case needs to be called in NBL Court and then a DVRO will be given.
SB Women’s Crisis Centre ended up faxing a DVRO form to the NBL Police station and explained to the police officers how to fill it.

24.

Station: YY Police Station Date: 5/2/14 Details: victim was assaulted by her de-facto and his partner.

Victim reported to Police and they were charged.

Case went to court.

Meanwhile her partner threatened to kill her and her report was not taken by YY Police.

Instead they scolded her and sent her away.

25.


Station: YY Police Station Date: 6/2/14 Details: victim’s nephew and his family inflicted violence on victim.

She reported to Police but they did not attend to her report.

Victim kept calling them to come and attend to her report and at last made an effort to visit the station whereby she was promised by an officer that they will attend her report that night.

26.
26.

Station: YY Police Station Date: 7/2/14 Details: victim was accused of having marital affair by Officer in charge and one women Constable Officer of YY Police Station.

Victim kept telling them that she left her matrimonial home due to violence.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 115 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 27.
Station: YY Police Station Date: 10/3/14 Details: victim was assaulted by her husband many times and she would report at YY Police Station.

Reconciliation was always done by a certain Police Officer at YY Police Station who failed to take the report as he is a relative of victim’s husband.

Meanwhile victim’s husband reported to YY Police after the victim reported and the husband alleged that victim assaulted him first and that he assaulted her in self-defense.
The above mentioned officer threatened victim that she could be charged for attempt to murder and due to the fear victim reconciled the case.

28.

Station: YY Police Station Date: 8/3/14 Details: victim had been inflicted violence by her nephew and his wife.

Victim took out a DVRO against both of them issued on 14/2/14 and police delayed in serving the order whereby victim continued to face violence.

Counsellor followed up till 18/3/14 and order was still not served.

29.
29.

Station: NUK Police Post Date: 21/3/14 Details: victim is married to a Police Officer.

She was assaulted by him and she went to lodge her report to NUK Police Post.

The Police Officer she reported to did not record her report.

She was instead advised to go and see the officer in charge of YY Police Station.

30.

Station: YY Police Station Date: 21/3/14 Details: Officer in Charge was very rude to the victim.

Victim had reported about her husband who is a Police Officer inflicting violence on her.
Officer in Charge was not willing to listen to the victim and accused her of assaulting her children which was reported to him by her husband.

Officer in Charge also threatened her that he can put her in the cell for assaulting the children and nothing was done about the violence inflicted on her by her husband.

Officer in Charge made a false promise to the victim that he will bring her children to her and she was made to wait at the station the whole day.

31.
31.

Station: NUK Police Post Date: 24/3/14 Details: victim was granted with a DVRO on 24 February 2014 and her order was not served to the perpetrator till 24 March 2014.

Each time the counsellor advocate followed-up with a Corporal based at NUK Police Post, the allocated DVRO officer made excuses that either he is busy or short of staffed.

Therefore, victim continued to face violence.

32.


Station: YY Police Station Date: 13/5/14 Details: victim had DVRO against her relative and her order was not served.

Due to this, the respondent never attended three court cases.

Counsellor followed up with Police and PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 116 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI she was informed that order was not received by them.

33.
33.

Station: YY Police Station Dates: Between May to June 2014 Details: A certain Police officer threatened the victim to stay in her matrimonial relationship and the officer threatened that he will put her in police custody for a night if she attempted to run away.

The officer visited her house regularly to see what she cooked but never heard her side of the story.

34.
34.

Station: YY Police Station Date: 3/7/14 Details: victim reported breach of DVRO against her nephew and Police did not charge him as he told police that he is the trustee.

Police informed victim they cannot charge him as he is the trustee.

35.

Station: YY Police Station Date: 15/7/14 Details: Officer in charge was reluctant to serve the DVRO to the respondent and the victim was suspicious that the respondent is related to the officer.
She was asked to get another DVRO from Court in order for them to ask the respondent to move out of the house.

36.

Station: MMM Police Station Date: 2/4/14 Details: victim had applied for DVRO against her de-facto and the order was not served to the perpetrator by police even though two court cases took place.

Therefore, the perpetrator never attended the case as he was not aware of the cases.
Upon the follow- up by counsellor advocate a police officer informed that she has to send the order to YY Police Station as the respondent resides in YY.

37.

Station: MMM Police Station Date: 9/10/14 Details: a certain Police Officer of MMM Police Station never assisted victim to get her belongings from her husband’s place in MMM despite the fact that the victim had travelled all the way from XXX.

38.
38.

Station: MMM Police Station Date: 3/11/14 Details: A police officer at the MMM Police station was advising victim to reconcile with her son who had assaulted her.

Victim refused to do so and the police officer threatened to lay charges against her as well.

Victim said she told him he can do so but she will not withdraw the case and then he asked her to go for medical.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 117 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 39.

Station: XXX Police Station Date: 23/4/14 Details: victim had DVRO against her boyfriend but he continued to harass her.

Victim’s report was not taken seriously by the Police and boyfriend was not charged for breach of DVRO as victim wished for the accused to be arrested.
Police Officers explained that victim had an extra marital affair with the perpetrator therefore if case goes to court her husband will come to know as well as he is not aware of it at that moment.

40.

Station: XXX Police Station Date: 14/5/14 Details: victim was badly assaulted by her de-facto and she lodged a report with XXX Police Station.

Her medical was done and the perpetrator was charged and placed in custody.
Meanwhile victim and her 3 year old son was never provided with food as they spent the whole day at the Police Station wondering where they would be accommodated as she was not allowed by her in-laws to stay at her home.

Counsellor advocate provided her with counselling, food, clothes and night accommodation was arranged by Ba WCC.

41.

Station: XXX Police Station Date: 2/6/14 Details: victim had a non-contact DVRO against her husband.
Her husband breached the order by following her in town and he grabbed her hand to talk to her.

She went to XXX Police Station to lodge her report but police officer never took her report for breach of DVRO.

42.

Station: XXX Police Station Date: 20/8/14 Details: victim complained that the Prosecution officer handling her case against her husband was biased and was favouring her husband who is well known figure in XXX.

43.
43.

Station: XXX Police Station Date: 29/8/14 Details: victim complained that a police officer was talking rudely to her when she requested for her copy of her medical report.

The police officer also threatened her that if they do provide her with her copy of medical report then they shall inform Ministry of Education about her also being charged to appear in Court.

44.
44.

Station: XXX Police Station Date: 14/11/14 Details: a police officer at the XXX Police Station spoke rudely to the victim and addressed the victim at the top of his voice.

Victim felt embarrassed and was shamed in front of all who were present at the station.

Victim was also given wrong information regarding the DVRO.

45.

Station: KK Police Station Date: 6/3/14 Details: a court orderly who was based at the Sigatoka Police Station was very rude to the victim during her maintenance case.
She was told to shut up and wait as he had already PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 118 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI called her husband’s name but not her name.

Victim felt very embarrassed and angry with the shaming attitude by this court orderly.

46.
46.

Station:DD Police Station (Crimes Office) Date: 4/1/14 Details: police officers questioned victim in an open room giving no consideration of how sensitive her domestic issues were.

In addition, the police officers’ attitude was very hostile towards the victim.

47.

Station: DD Date: 2/1/14 Details: Police officer was very hostile towards victim by threatening to slap her in order to force her to give a statement admitting to committing a planned kidnapping.

48.
48.

Station: DD Police Station Date: 5/1/14 Details: victim was met with hostile behavior from the police officers when she reported on the domestic violence she was undergoing.

There was a lack of action on her report and they tried to get victim to drop her complaint by accusing her of lying and threatening her of being locked up.

49.

Station: DD Date: 16/1/14 Details: police officers were very hostile to victim by using delay tactics and refusing to take any action on her report.

50.
50.

Station: DD Police Station Date: 4/2/14 Details: Police officers had delayed taking any action on victim’s report of the domestic violence she was undergoing and had tried to get victim to reconcile and drop the complaint against the perpetrator.

51.

Station: DD Police Station Date: 7/2/14 Details: victim reported on domestic violence at the DD Police Station but the police officers spoke rudely to the victim and did not record her report.

52.
52.

Service Provider: DD Magistrate Court Date: 16/4/14 Details: The Deputy Registrar, during the victim’s family matter, had tried to reconcile the victim with her husband.

The victim was refusing to reconcile and the Deputy Registrar blamed the victim for the matrimonial issues the victim was facing with her husband.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 119 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 53.
Service Provider: Legal Aid KK Date: 25/4/14 Details: there was a delay and a lack of action on the victim’s Legal Aid file.

When the case was being called in court, her lawyer from the Legal Aid Commission failed to speak in Court to explain to the Court the details about what the victim had wanted, for example, that there was need for financial support for her children.

Furthermore, the case was continuously given a mention date and justice for the victim was delayed.

54.
54.

Station: MMM Police Station Date: 17/7/4 Details: victim was raped and she got pregnant.

When she reported, the police officers were hostile towards her and did not show any initiative to taking action.

Due to the lack of action on their part, the file went missing and there were also evidence of non-implementation of the no drop policy by police.

2015 Cases 1.

Station: LB Police station Date: 07/04/15 Details: The Police refused to write victim’s report regarding her de- facto.
The De-facto partner was also present at the Station and the Police told the victim to take the matter directly to Court without pressing charges.

2.

Station: KK Police Station Date: 12/05/15 Details: Police refused to take victim’s complaint about her de-facto partner being verbally abusive towards her and he refused to contribute towards their expenses.

3.

Post: QD Police Post Date: 08/05/15 Details: Woman police constable who attended to the victim informed her that the perpetrator has been charged.
A counsellor following-up on the case later called and found that the perpetrator wasn’t charged and that the constable had given false information to the victim and counsellors.

4.

Station: WQ Police Station Date: 30/06/15 Details: Police have had the victim reconcile numerous times and did not write victim s complaint against her brother who is threatening her to vacate their parents’ house.

The victim was hesitant to report again due to lack of action of the Police.
Counsellor informed the police that the victim has an ongoing DVRO case in Court and only after the counsellor contacted the Police did they write the victim’s report.

5.

Station: KG Police Station Date: 19/06/15 Details: victim went to KG Station to press charges against her husband for physically abusing her.
The police officer on duty called the victim’s husband and informed him PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 120 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI about the victim wanting to press charges.

The victim was later called by an officer who repeatedly tried to dissuade the victim from pressing charges.

The police officers continued giving excuses for not arresting the perpetrator.
The victim had to seek shelter at a friend’s house for her safety and her children’s safety as the Police had told her that they could not assure her safety.

The perpetrator also vandalized various items in the victim’s house but the police refused to document the victim’s statement giving the reason that the victim’s husband cannot be charged for any damage done by him in the absence of the victim.

6.
6.

Station: NS Police Station Date: 27/06/15 Details: victim’s ex-husband tried to physically harm her but she defended herself.

The perpetrator reported to police against the victim first and the victim reported later.

When the perpetrator withdrew his report, the police pressured the victim to also withdraw her complaint.

7.
7.

Station: KG Police Station Date: 24/06/15 Details: The police officers did not take any action on breach of DVRO orders and arrested the perpetrator after three days of the breach.

The police were also pressuring the victim to reconcile with her husband (perpetrator).

8.

Station: QD Police Station Date: 20/06/15 Details: Police officers came to arrest the victim without showing her any orders for her arrest then proceeded to drag her in handcuffs.
The victim was placed in the cell for a night and bailed out the next day.

She had blood clots on her inner arms.

9.

Station: NQ Police Station Date: 29/05/15 Details: victim s husband is the SO of NQ Police Station where the victim lodged all her reports about her husband physically, verbally and emotionally abusing her.

None of the reports were acted upon and the police have done nothing to help the victim.
The victim has various scars from the abuse including scars from when the perpetrator poured hot water on her hand.

10.

Station: KG Police Station Date: 02/12/15 - 04/12/15 Details: Police did not take any action against the perpetrator even after the victim repeatedly reported that he was assaulting her multiple times and breaching DVRO orders.

Last incident and reporting occurred on 2 Dec. On 4 Dec, a counsellor called to follow up with the victim and found that the perpetrator was still harassing her.
Upon calling the Station, the counsellor found that the Police had been giving false information about taking action against the perpetrator and nothing had been done while the victim had been fearful of her safety.

11.

Station: MK Police Station Date: 14/06/14 Details: victim lodged a complaint against her husband (also a police officer) of physical PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 121 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI assault.
A male police officer questioned the victim in regards to sexual assault/ rape in a way that was humiliating to her.

The officer continued questioning about sexual abuse even after being repeatedly told by the victim that the complaint was in regards to physical assault.

The same officer also repeatedly called the victim’s personal mobile to sexually harass her and threatened to sexually abuse her if she did not help in gathering evidence against her husband for rape.
Victim felt pressured and withdrew her complaint to save herself from further harassment but was charged for giving false information.

Victim was sent to prison for 4 months as a result.

12.

Station: QD Police Station Date: 22/09/15 Details: victim’s husband forced the victim into prostitution to earn money.

When victim reported the matter to police, they only charged the husband with the minimum charge of annoying another person.

13.
13.

Station: BO Police Station Date: 01/08/15 Details: victim’s husband had breached Court order and a counsellor had called the station to see if someone could help the victim with the situation because no action had been taken even after that victim had repeatedly called the station.
The victim was hospitalized thus could not physically go to the station to lodge a complaint and when the counsellor informed the Constable about this, she was told that he was the only constable on duty at that time and no one else is available or will be going to the victim to assist her.

14.
14.

Station: BO Police Station Date: 02/08/15 Details: Police officer had taken victim’s statement and passed the case file over to KG Police Station and the victim was only informed about the change when a counsellor called BO Station to follow up.

Counsellor was informed that the perpetrator’s residence fell into KG Stations jurisdiction.
Counsellor then proceeded to contact the officer in charge of the case at KG where she was informed that the officers shift had ended and he would again be referring the case.

None of the police officer handling the case understood how the delay affected the victim’s situation and her safety.

15.

Station: BO Police Station Date: 27/07/15 Details: Police refused to write the victim’s statement against the victim’s husband who had assaulted her and tried to pour a bucket of water on their daughter.
The police insisted that there was no valid reason to file a case.

16.

Station: AW Police Station Date: March 2015 Details: Police officers were hostile to the victim and forced the victim to sign her statement using her thumb print.

17.

Sexual Offenses Unit: LB Date: 07/01/15 Details: victim was an adult survivor of child sexual abuse who came to FWCC seeking help.

The counsellor assisting her encouraged her to report the matter.
When the victim reported the matter, the police officer who interviewed the victim blamed the victim for PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 122 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI the incident saying why did she not inform her mother about it as soon as the incident had occurred.

Victim explained that the perpetrator had been family and she did not know how to tell her mother.

The police officer responded inappropriately to the victim.
The victim felt humiliated and came outside of the interview room crying.

The counsellor accompanying the victim followed up the matter and spoke with the officer who interviewed the victim.

The officer explained that she was trying to compare this case of child abuse to another child abuse case which is why she was asking such questions.

The counsellor informed her that no two cases are the same and she should not be treating child abuse survivors in this manner.

18.
18.

Station: AW Police Station Date: June 2015 Details: Police officers were uncooperative and making the victim struggle to receive information and updates in regards to her case.

The victim had lodged a report in June and three months later (September), the victim was still waiting for the police to charge the perpetrator.

19.

Station: BO Police Station Date: 23/03/15 Details: Police officers failed to take any action when victim reported that the perpetrator had breached DVRO.
Victim was told that the DVRO was only a standard non-molestation order and that there was no “Non-Contact” ticked in that section so there is nothing they can do.

20.

Station: NQ Police Station Date: 11/03/15 Details: Police officers did not press charges against the perpetrator saying that there was a lack of evidence even though the victim had a medical report with her for evidence.

They also didn’t assist her in applying for DVRO.

21.
21.

Station: WQ Police Station Date: March 2015 Details: Police officers did not take her complaint and there was no written report at the station where the victim had lodged her complaint.

The police officers reconciled the matter multiple times.

22.

Station: KG Police Station Date: 22/07/15 Details: Police officers assisted the victim in filling a DVRO application form which was incomplete.

The victim had to come to a FWCC counsellor to seek help with completing the filling of the application.
The counsellor assisting the victim called the Police Officer who had filled the form to inquire why it was incomplete and the officer responded saying that the victim should not have come to the counsellor to seek help.

23.
Station: BO Police Station Date: 18/08/15 Details: victim had applied for a DVRO against her partner who had tried to kidnap her and the DVRO was given to the BO Police Station on the same day (8 August) but the police PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 123 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI made a delay in serving the DVRO orders despite the severity of the situation and the victim being at risk since she was 3 months pregnant at the time.
A counsellor had to keep following up regarding the serving of the DVRO orders.

24.

Station: AW Police Station Date: 06/08/15 Detail: Police Officers informed the victim that after they had conducted the investigation, they had passed the case onto their superiors to continue but nothing was being done.

25.

Station: LB Police Station Date: 5 month ago (March 2015) Details: Perpetrator had been verbally abusing the victim every day.
Victim (13-year-old) had informed her mother about the incident and her mother had reconciled the matter.

However, the verbal abuse escalated to threats and victim wanted to report the matter to police.

Counsellors advised the victim that it is child abuse and encouraged the victim to report the matter but the police did not take any action against the perpetrator and tried to reconcile the matter as well.

26.
26.

Station:CC Police Station Date: 7/4/15 Details: A victim living in a very abusive relationship was unable to escape and to report the matter to the police.

Her husband would follow the victim around if she leaves the house and would forcefully take her back home when she tries to seek help.

The victim finally managed to escape during her husband’s absence and she went to the CC Police Station to report against her husband’s ongoing abuse.
She was informed by a police officer that nothing can be done in her case unless and until her husband harms her in any way that will leave visible injuries.

The victim returned home and was beaten up again because her husband had found out that she had attempted to lodge a report against him.

Fortunately, on the same week, the victim’s neighbour informed her of services provided by FWCC and brought the victim to the centre.
The victim was provided with therapeutic counselling and continuous support from the centre.

She took out a DVRO against the husband and was granted the standard non- molestation condition in the order.

The victim’s husband has not abused her verbally, emotionally and physically again since he was summoned to appear in court for the DVRO.

NB: this case illustrates the lack of knowledge and non-action of the police and its consequences on the victim.
The day the victim finally escaped and reported to the police, the above named officer would have prevented the victim from getting beaten up again by being sensitive to the issue and considering the seriousness of the case.

Her response towards the victim clearly showed reluctance and lack of knowledge on the DV Decree & DVRO resulting in lack of action in this case.

27.

Station: CC Police Station Date: 8/6/15 Details: A victim was heavily assaulted by the turaga ni koro in her village on 08/6/15.
The Turaga ni koro is the victim’s uncle.

The victim then called the police station to report this matter and a police officer from the CC Police Station attended to her call.

When the victim approached the CC Police Station the next morning (09/6/15) to check with the police, she was shocked to find out there was no record of her report.

The victim was very disappointed with the police officer who had taken her report the previous day.
When the victim accessed the Centre’s services, she had injuries on her face yet the police did nothing to PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 124 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI the perpetrator who also happens to be her uncle and the turaga ni koro.

28.

Station: CC Police Station Date: 6/8/15 Details: The above mentioned officer accompanied a victim to her husband’s place to retrieve her belongings as per the order in the DVRO.
The victim’s mother-in-law and victim’s husband were interfering with the victim while she was trying to pack and collect her belongings.

However, the accompanying police officer told the cline to hurry up because he was late for court and that he did not want to get into trouble in that situation.
While the victim was being subjected to further abuse from her in- laws and husband inside the house, this police officer waited outside the house and did not stop the abuse nor did he tell the perpetrators to respect the court order.

29.
29.

Station: SB Date: 10/01/15 Details: victim was embarrassed and further victimized by a female Police Officer in a public place, where victim and her husband were blamed for what had happened to their daughter, being sexually harassed by a taxi driver for letting their child to come alone to town.

This child was sexually harassed and Police officers blaming her parents.

30.
30.

Station: SB Police Station Date: 1/10/15 Details: One victim had reported that she was beaten by her husband, she reported to SB Police Station.

Upon enquiring about what had happened to her report at the Police station, the Police Officers accused her of telling lies about being beaten up by her husband, and they did this in front of other people and the victim felt humiliated and degraded.

31.
31.

Station: TT Police Station Date: 14/6/15 Details: A victim had reported being assaulted by her husband to TT Police station and had asked the Police officer to charge him.

There was also a DVRO in place and the husband had breached it.

The Police officer overlooked this and told the husband to go home and talk nicely to his wife.

This victim was threatened to be killed by the husband in front of their son and no action taken by Police.

32.
32.

Station: TK Police Station Date: 27/5/15 Details: victim was assaulted by her husband in TK.

She reported at the TK Police Station and she requested for a DVRO.

Her husband was a Turaga ni Koro in a neighbouring village.

The Police officer did not make the DVRO application and he allowed the husband to take her daughter away from her brother and then allowed the husband to come to the station to talk things over, to which the victim did not agree because she was scared and injured.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 125 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 33.

Service Provider: Police Date: 31/3/15 Details: victim complained of breach of DVRO by the perpetrator but the police failed to take her report.

The victim was not sent for medical examination even though she should have and the police forced her to reconcile with the perpetrator.

34.
34.

Service Provider: Legal Aid Commission Date: 13/4/15 Details: there was lack of assistance from the Legal Aid Commission when victim sought for assistance for her domestic violence case and Legal Aid was supporting/representing the perpetrator.

35.

Service Provider: DD Police Date: 14/5/15 Details: victim reported to police about her domestic violence case but police officers verbally abused her and delayed taking any action.

36.
36.

Service Provider: DD Police Date: 26/6/15 Details: victim was met with hostile behaviour when she reported her domestic violence case and no report was taken by police.

37.

Service Provider: DDPolice Date: 23/6/15 Details: victim reported her domestic violence case to police but was instead met with hostile behaviour from the police and there was a lack of action taken.

2016 Cases: 1.

2.

3.


Station: NS Police Station Date: 8/5/2016 Details: Police constable threatened the victim saying that her daughter was lying about being sexually assaulted by the perpetrator who is their landlord residing in the same residential complex.

In this case, the victim’s husband had passed away and the victim was residing with her children who were all below the age of 18.
Station: NS Police Station Date: 31/5/16 Details: A police officer told the counsellor that he will keep her informed regarding the team of officers who were harassing victim during investigations; however, he did not.

The counsellor called him several times but he did not respond or give her an update the investigations.

Station: QD Police Station Date: 27/6/16 Details: The police constable did not know the difference between a DVRO application form (Form 1) and a DVRO court order (Form 2 and 3).
When the perpetrator (husband) showed the PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 126 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI constable a filled but unfiled DVRO application Form 1, the constable told the victim to move out of the house even though no orders had been given by the court.

4.
4.

Station: QD Police Station Date: 1/6/16 Details: When the victim reported a breach of DVRO (assault and threatening with a knife) the constable who served her at the station told the victim that the DVRO was invalid even though it was a permanent order (form 3).

The perpetrator in this case was the victim’s step-mother’s partner who resides under the same roof as the victim.
After the victim later followed up with the constable, she was then informed that the perpetrator has been charged with criminal intimidation and assault, however, the police failed to charge him with a breach of DVRO.

– Lack of immediate action by Police in a case of breach.

5.

Station: QD Police Station Date: 26/9/16 Details: A police constable called the victim a “smart ass” while recording her statement.

He also restricted her from calling her lawyer or anyone else while being interviewed.
The perpetrator in this case was a stranger who had allegedly nearly caused an accident involving the victim and he had sworn at the victim.

6.

Station: WQ Police Station Date: 14/1/16 Details: (a) victim was assaulted by her brother, who had then forcefully evicted her from home.

Victim had gone to report to the police, however the police did not apply for a DVRO for her protection.
The police sent her to have her medical examination done however when the victim went to check on her medical exam form, she found out that the medical report was missing from the Station.

(b) When our Counsellor Advocate followed up, the police informed us that there was no record of our victim’s complaint.

The victim remembers the face of the police officer who took her report when she had lodged her complaint.

7.
7.

Station: NQ Police Station Date: 20/3/16 Details: After the accused was charged for attempted rape, he was taken to the survivor’s house to show police the crime scene.

According to the victim, he was brought in handcuffed while the victim, her child and family were all present.

It was traumatizing for the victim and her family reliving the ordeal.

It was uncalled for, unprofessional and ignorant behaviour from the Police Officers of NSN Police Station.

8.
8.

Station: KG Police Station Date: 18/11/16 Details: A police constable made fun of the victim’s report when she went to report about her ex-boyfriend posting naked pictures of her on Facebook.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 127 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 9.
Station: BO Police Station Date: 9/11/2016 Details: The sergeant informed the victim’s husband (perpetrator) about her whereabouts when she decided to leave the house-putting the victim’s life in danger.

10.

Station: MMM Police Station Date: 4/9/2016 Details: The constable failed to charge the victim’s father in-law.

According to the victim, he purposely lost the report as it was the second time which he had done that to her.

11.
11.

Station: KK Police Station Date: 24/3/2016 Details: Although the woman constable laid charges on the perpetrator for breaching the DRVO, he was released.

According to the woman constable, the perpetrator was released because there was not going to be a Magistrate present in court the next day, and because they could not keep him in over the long Easter weekend.

12.

Station: MIA Police Station Date: 16/9/2016 Details: victim requested if she could be assisted with a DVRO application form.
A woman constable informed her to return on Monday because the Station had no DVRO application forms.

13.

Station: XXXX Police Station Date: 13/09/2016 Details: According to the Crimes Officer, he did not charge the victim’s husband because the victim committed adultery.
After the counsellor informed him that adultery was no excuse for the victim’s husband to physically abuse her and that she was still getting harassed by him 2 weeks after the abuse, the Crimes Officer responded harshly to the counsellor and said for her not to tell him how to do his job.

14.

Station: ULE Police Post Date: 12/3/2016 Details: According to the victim, the constables did not assist her when her mother in-law snatched her baby away from her hands.
They informed her that they could not do anything about the matter.

15.

Service Provider: Social Welfare Office - SS Date: 12/11/2016 Details: victim felt that the social welfare officer was very biased and judgmental while interviewing her.

The officer was trying to get the victim to reconcile with her husband for their child’s sake even though the victim had been experiencing continuous physical, verbal and emotional abuse from him.

16.
16.

Service Provider: Social Welfare Office - LB Date: 15/09/2016 Details: victim was told by an officer that her application had been approved, however when PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 128 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI she went to the office, the same officer told her that her application had not been approved (Child Safety and Protection Scheme).

17.
17.

Service Provider: Social Welfare Office - VN Date: 18/2/2016 Details: The victim’s child was forcefully taken away from her by a female Social Welfare Officer.

The victim’s husband had distorted events that happened at home regarding the victim and her 8- month old son when he reported to Social Welfare.

The officer did not listen to victim when she tried to explain what had actually happened.
The victim’s husband did this so he could take the child away from her as he was having extra marital affairs.

18.

Service Provider: Legal Aid Commission – NQ Date: 23/9/2016 Details: victim had gone to Legal Aid to get assistance with Form 5: Maintenance and Contribution.

The victim informed the counsellor that the victim Information Officer filled the form according to what she wanted and not what the victim wanted.

According to the victim, she felt unheard.


victim also said that the victim Information Officer questioned her on why she could not go to work because she was young and physically fit.

19.

Service Provider: Legal Aid Commission – NQ Date: 11/4/2016 Details: victim felt as if her case was handled lightly because the lawyer did not do anything that the victim had requested.
The victim wanted to apply for contempt of court order regarding her children’s custody case but the lawyer told her that the magistrate did want any other applications.

No proper explanation was given by the lawyer.

20.

Station: SB Police Station Date: 10/10/16 Details: Crime officer from SB Police station was very rude to a sexually assaulted victim.

He blamed the victim and said why she did not yell for help and how come her clothes were not torn.
Blaming her for reporting the matter late and her fault.

21.

Station: DD Police Station Date: 3/1/16 Details: victim and her neighbour had counter reported against each other.

While giving her statement to police, the victim felt intimidated.

She wasn’t informed of her rights nor was she allowed to read her statements.

The victim ended up being charged for criminal intimidation while no charges were taken up against her neighbour.

22.
22.

Station: DD Police Station Date: 14/3/16 Details: victim was harassed by her in-laws and her husband.

When victim reported, the police called her husband’s family since the police knew them personally and they made things difficult for the victim.

There was a serious breach of confidentiality by the police in this case.

23.
23.

Station: MMM Police Station Date: 14/4/16 Details: counsellor advocate was following up on a victim’s case with the police and the police officer she spoke to rudely told the counsellor advocate not to question police on their work.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 129 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 24.

Station: DD Police Station Date: 18/4/16 Details: victim had reported to the police about her missing husband.
She had suspected that he could be with his mistress.

However, police made fun of her by saying that she was not servicing her husband properly.

The other police officers in the station were also laughing at the victim.

25.

Station: DD Police Date: April, 2016 Details: victim had reported that she was sexually assaulted.

The police who dealt with her blamed her for the abuse and they pressed her cheeks and told her to admit that it was consensual.

26.
26.

Station: MMM Police Date: June 2016 Details: victim was being assaulted by her husband and DVRO was granted sometimes in April.

The DVRO was not served by police until a follow up in June and it was found that the DVRO was misplaced.

As a result, the victim was assaulted again by her husband the next day.

27.
27.

Service Providers: Justice of Peace – CC Date: Jan 2016 – May 2017 Details: Some JP(Justice of Peace) are reluctant and even make excuses not having the time to be able to witness victim s’ DVRO applications due to having personal relations with the Respondents.

They can be the Respondent’s father, uncle, grandfather, neighbours and friends.

As a result, they refuse to certify the DVRO applications.
This is very unprofessional of some JP(s) hence it contributes to the lack of action, delay, unfair and improper implementation of the DVRO.

In a jurisdiction where there is a small number of JPs, reluctance of witnessing DVRO forms create a more difficult system for women victims who are trying to get access to justice and protection.

28.

Service Providers: Judiciary & Police Dates: Jan 2016 – May 2017 Details: There is unfair implementation of the DVRO and the unfair court decisions by the magistrates.
Rakiraki WCC has observed in a lot of cases, that both the police and the court are quick to act on a DVRO applied by a man against a woman despite the fact that she is the victim.

Often a lot of men, who do this, are either worried the woman might report his continuous abuse of her or he is having an extra marital affair and wants to get rid of the wife through the DVRO.
Rakiraki WCC is still facing the access to justice issues with the police, court and Legal Aid with the delay of cases, lack of action and the non-implementation of the DVRO breach.

There are still some police officers who respond unprofessionally to the victim s and who do not act on the reports from women but these officers are held accountable for their actions by empowered victim s. 2017 Cases 1.
Station: QD Police Station Date: 16/2/17 Details: When the victim went to the report that her step son had been violent and had been smoking marijuana in the house, the woman police constable told her to sort their family problem out at home.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 130 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 2.

Station: QD Police Station Date: May 2017 Details: victim was physically assaulted by her husband.
She reported the matter and got her medical done but was pressured by a police officer to reconcile.

According to the victim, her husband was just warned but not charged.

3.

Station: QD Police Station Date: 20/11/17 Details: Although the victim’s de-facto was charged with breaching the DVRO, he escaped police custody and broke into the victim’s house the same night.

He locked the doors and threatened to kill anyone who tried to open the door.
The victim had to hide in the bushes outside her home for her protection.

4.

Station: BO Police Station Date: 15/05/17 Details: Officers at BO Police Station told the victim to go back to her husband when she went to the station.
A woman police constable yelled in front of other police officers saying “Your husband is a good man, go back to him!” The victim was humiliated and responded saying that the woman constable did not know her husband and that she was the one that was suffering; not the woman constable.

5.

Station: BO Police Station Date: 15/6/17 Details: The police constable told the victim not to report her husband’s DVRO breach; if she did, her children will be taken to Social Welfare.
He questioned her about who would pay rent if her husband was charged.

victim is aware that the police constable is good friends with her husband.

BO Police Station officers have mocked the victim making remarks like “You should listen to your husband, he’s a good man but you never listen to him.” victim has continuously been physically, verbally and emotionally abused by her husband and humiliated by police officers.

6.
6.

Name of Station: LB Police Station Date: 24-27th March 2017 Details: victim had tried to report threats which were made to her daughter by her daughter’s mother in-law.

Her mother in-law had said that she will tell her grandson to rape the victim’s daughter.

The victim tried to report the matter several times.

Her report was not taken by the police officers on duty.

The Corporal on duty told the victim to only return to the station when her mother in-law’s grandson had raped her daughter.

7.
7.

Name of Station: LBPolice Station Date: 12/5/17 Details: Mentioned officer did not adhere to Child Protection Act.

She did not charge the child’s partner but reconciled both parties (Child sexual abuse case).

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 131 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 8.
Name of Station: NS Police Station Date: 3/12/17 Details: victim wanted to press charges on her brother for threatening her, kicking down her door, breaking her lights and being aggressive however the constable only questioned him for about half an hour before releasing him.

The constable failed to charge the victim’s brother who lives in the same house which is partitioned and constable also failed to at least apply for a DVRO to protect the victim.

9.
9.

Name of Station: KG Police Station Date: 15/02/17 Details: The police officer (in uniform) intimidated and threatened the victim who is his wife.

He did this while she was filling for a DVRO.

He told the court clerk not to file her application and said that the victim was going to regret it if she did.

Those who were present witnessed his aggressive and hostile behavior.

Another police officer was also present but did not intervene.
The police officer also tried intimidating the counsellor who accompanied the victim to court by standing in front of her and questioning about who would provide for their children if he went to court.

10.

Name of Station: NQ Police Station Date: 13/3/17 Details: A child sexual assault complaint was reported in December 2016 but no action had been taken.

The alleged perpetrator had not been interviewed and there was no record at the station.

11.
11.

Name of Station: FP Police Post Date: 16/02/2017 Details: victim’s step s on badly assaulted his wife and was swearing at the victim and her children while a police officer was present.

Even though the perpetrator was taken to the police station, no charges were made and the complainants were not assisted with a DVRO.

12.
12.

Name of Post: LB Market Police Post Date: 26/1/17 Details: victim was very unhappy and frustrated with the mentioned post because no one was assisting her with charging her husband for breaching his 2 year bound-over sentence.

13.

Service Provider: SS Social Welfare Office Date: 7/8/17 Details: victim was taken to Social Welfare SS because she had informed the counsellor that her child’s safety was at risk with her.
victim met with a senior social welfare officer and was provided with material assistance (milk and diapers) instead of an adaptive solution for the child’s safety.

Childs safety was still at great risk regardless of material assistance provided by Social Welfare.

14.

Service Provider: NQ Social Welfare Date: 7/6/17 Details: A Social Welfare officer informed the victim that her husband would not be paying child maintenance because she did not move to MMM with him when he asked her to.
Victim did not follow her husband due to continuous verbal/ emotional abuse and because she had family PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 132 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI support in Suva.

The victim felt intimidated and judged by the social welfare officer and was very worried that it would affect her custody and child maintenance case.

15.
15.

Service Provider: LB Social Welfare Date: 12/5/17 at 2:30pm Details: Social Welfare officer, with the police, reconciled the alleged perpetrator and the victim (16 ½ years).

It was a child sexual abuse case.

16.

Service Provider: Legal Aid SS Date: 16/2/17 Details: victim was misled by a victim Information Officer who said that the victim could not apply for maintenance for herself and unborn baby until she was seven months pregnant.

17.
17.

Service Provider: Legal Aid LB Date: 17/1/17 Details: The victim did not get assisted with Property Court forms to recover her belongings.

She was told that she could not get anything because it was in her husband’s property and anything that was in it belonged to her husband.

18.

Service Provider: Judiciary Department: Small Claims Tribunal- SS Date: 4/7/17 Details: The victim expressed how she was disgusted and frustrated with how the referee conducted the session.
According to the victim, she was told that the money she wanted back from her former partner should not be claimed by her as it could simply be regarded as payment for her removing her panty for him.

He also said that what she had been through with her partner was not really an issue and termed it to be a “man’s game”.

He also said that if he was her, he would have withdrawn the applications.
The referee also spoke about how he had an affair with another woman and did not go after the money he had spent on her.

The victim felt belittled.

19.

Service Provider: Judiciary Department: Magistrates Court Criminal Registry- SS Date: 15/2/17 Details: When the victim filed her DVRO at the registry, the court clerk laughed while going through her application form.

The victim’s husband (Respondent) was stationed as an Orderly at high court which was how the court clerk knew him.
She breached confidentiality of the victim by informing her husband (Respondent) that there was a DVRO filled against him.

The court clerk put the victim’s life in danger because after she told the victim s husband about this, he (Respondent) went down to the registry and continued to threaten her while she waited for her case to be called.

The counsellor had to take the victim away because her safety was at risk; this resulted in the victim missing her court case.

20.
20.

Service Provider: Judiciary Department: Family Magistrates Court- NQ Date: 22/8/17 Details: victim was unhappy with the court’s decision on her maintenance case.

The Respondent was not willing to pay anything and requested for the payment to be deducted from his FNPF which would take a very long time.

The Magistrate did not ask the Respondent to give any cash which the victim desperately needed to care for their children, one of which is a disabled child.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 133 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 21.

Station: CC Police Station Date: June 2017 Details: Three officers from the CC police station went to serve a DVRO on one of our victim s and they told the victim to immediately vacate the house as it says in the court order.
These officers also warned the victim that if she doesn’t remove herself from the home then she would be penalised for breaching the DVRO.

The victim approached the centre seeking assistance.

The applicant of the DVRO is the victim’s adult son and the house is a family home that the victim and her late husband built.
When our counsellor advocate perused the DVRO form that was served on the victim, it came to our attention that only standard non-molestation conditions were made and that the victim was to remain in the home but not to interfere in the son’s married life.

22.

Station: CC Police Station Date: September, 2017 Details: A victim had been reporting at the CC Police Station about the physical, emotional and verbal abuse she was going through, which was inflicted by her husband.
A police officer attended to her and did not take her report seriously.

This officer told the victim that reporting against her husband and having him charged is a very long process and that it was best for the victim to go to the court to raise her complaint and apply for a DVRO.

This police officer did not tell the victim that the police can help her in applying for a DVRO.

23.
23.

Station: VS Police Station & other service Providers: Date: 19/9/17 Details: victim had taken her daughter for medical check-up because she was having discharge.

This child was four years old.

When the Police officers interviewed the mother, the Police officers blamed her for her daughter being sick.

When examined by doctors, it was confirmed that the child was sexually abused.
The child was taken away from the parents by Social Welfare Dept and taken to a Home in VS despite the parents not being the perpetrators.

The child was denied of her rights to be with parents for six months.

Health, Social Welfare and Police were involved in this case.

24.

Station: SB Police Station Date: 15/11/17 Details: Police officer from SB Police station was involved in sexually assaulting and impregnating a victim.
The girl had been taken to Dilkusha Girls Home where she stayed until she gave birth and gave the baby for adoption.

The girl’s mother reported in 2017 and the case has not reached the court as yet and the Police officer is still on duty.

25.

Station: VS Police Station Date: 6/7/17 Details: A victim was heavily pregnant and she was assaulted by her husband in public.

She reported to VS Police station and she wanted her husband to be charged.
Her medical was done but no injuries were noted so the Police did not charge saying that because there were no injuries they cannot charge.

They knew they can charge the perpetrator on common assault but did not until the counsellor intervened.

26.

Station: DD Police Date: 13/12/17 Details: victim had a “Non-Contact” DVRO and the partner breached this order.

When she reported, the police were reluctant to take the report and didn’t pay attention to the Non- Contact Orders in place.
They placed the victim in a risky situation by putting the victim and the PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 134 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI perpetrator in the same room at the station.

During this time, the perpetrator swore at the victim, which the Police ignored.

The police pressured victim to reconcile with the perpetrator and no were charges laid against the perpetrator.

27.
27.

Station: KV Police Post Date: 31/1/17 Details: victim’s husband constantly breached the DVRO in favour of the victim.

When the victim reported, the police officers would favour the husband by only verbally warning the perpetrator and sending the parties back home.

In addition, the police would lecture the victim and there was a non-implementation of the No-Drop Policy by police.

28.
28.

Station: DD Police Station Date: 1/2/17 Details: police officers threatened to lock up victim and they refused to take her report.

Police also refused to help victim apply for DVRO and told victim not to go to the Women’s Crisis Centre.

29.

Service Provider: DD Magistrates’ Court Date: 15/2/17 Details: victim was not given correct information about her DVRO and the DVRO was not served on time to the perpetrator, putting the victim at risk.

30.
30.

Station: DD Police Station Date: 20/3/17 Details: victim reported child abuse and there was a lack of action from the Polices’ part.

The police instead assisted the perpetrator to take the child even though the child had reported the abuse and cried refusing to go with the perpetrator.

The child had showed police cigarette burn marks.

31.

Station: BT Police Station Date: 19/3/17 Details: victim reported child abuse and there was a lack of action by police.
The victim was instead asked why she went to the Women’s Crisis Centre and Social Welfare Office.

The police also disregarded the medical report as evidence.

32.

Service Provider: Judiciary Date: 25/3/17 Details: victim was threatened that her child can be removed from her if she refused to reconcile with her husband while the victim was in a domestic violent relationship.

33.
33.

Service Provider: YY Magistrates’ Court Date: 11/5/17 Details: victim’s husband applied for DVRO and the court had granted orders in favour of the husband to remove constructed and unconstructed material.

This left the victim with no home to live in even though it was a matrimonial property.

The order was given in the victim’s absence.

34.


Station: KK Police Station Date: 15/5/17 Details: victim sought assistance from police to locate her children but police lectured her, didn’t take any action to help her and were hostile towards her.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 135 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 35.
Service Provider: DD Magistrates’ Court Date: 17/5/17 Details: victim applied for DVRO but there was lack of action and her DVRO was not granted.

36.

Station: DD Police Station Date: 20/6/17 Details: victim complained that perpetrator had breached DVRO but there was lack of action from police.

37.

Station: DD Police Station Date: 20/6/17 Details: police had forged victim’s signature 38.

Station: DD Police Station Date: 24/8/17.


Details: police had acted in a hostile manner towards victim when she came to police.

39.

Station: MK Police Date: 7/8/17 Details: police pressured victim to reconcile and they didn’t take any action on breach of DVRO by perpetrator.

40.

Service Providers: Bailiff Date: 28/8/17 Details: bailiff had intimidated victim and gave notice to vacate 41.
Service Provider: Legal Aid Commission DD Date: 31/8/17 Details: Legal Aid failed to fill the victim’s form properly.

Even though victim needed police to assist her in recovering her belongings, the forms didn’t reflect this and as a result, the orders didn’t specify for police to assist victim.

42.

Station: NW Police Post Date: 27/9/17 Details: victim was met with hostile behaviour by police and there was lack of action on her report.

In addition, the police didn’t assist her in applying for DVRO.

43.
43.

Station: DD Police Station Date: 12/10/17 Details: victim reported breach of DVRO by perpetrator but there was a delay of action from police and non-implementation of DVRO 44.

Service Provider: MK Medical Date: 17/10/7 Details: forcefully aborted victim’s baby.

45.

Station: DD Police Station Date: 20/10/17 Details: victim reported breach of DVRO.

Police were hostile to her, didn’t take any action on her report and there was a non- implementation of No-Drop Policy by police.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 136 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 46.

Station: DD Police Station Date: 20/10/17 Details: victim’s report on domestic violence was not acted upon by the police.

Instead police were hostile to victim and there was also a non-implementation of the No-Drop Police by police.

47.
47.

Station: DD Police Station Date: 24/10/17 Details: victim who was undergoing domestic violence had reported breach of DVRO to police.

However, police were hostile to her, there was lack of immediate action on their part and tried to get her to drop the complaint.

48.
48.

Service Provider: Judiciary & Legal Aid Commission, MMM Date: 2/11/17 Details: victim who had sought assistance for domestic violence case faced delays in getting her justice because of the non-immediate action by police and she was also met with hostile behaviour.

49.

Station: KV Police Post Date: 8/11/17 Details: victim reported to police about breach of DVRO however police didn’t take any action on her complaint and didn’t charge perpetrator for breach of DVRO.

50.
50.

Station: DD Police Station Date: 13/12/17 Details: victim complained of perpetrator breaching DVRO but was met with hostile behaviour from Police who didn’t charge the perpetrator for the breach.

2018 Cases: 1.

Station: SB Date: 29/1/18 Details: A case of domestic violence where the victim relied on her yaqona farming.

She was experiencing violence from her husband, the victim had applied for DVRO for her protection and her kids and for her husband not to uproot the yaqona plants.
The husband went ahead and uprooted all the yaqona plants and upon enquiry, she found out that the DVRO was not served by the Police Officers.

2.

Station: SB Police Station Date: 11/4/18 Details: victim facing violence in her home with her kids witnessing the violence.

They were all threatened by the perpetrator with a cane knife, and she wanted the Police to help her to come out of the house.
She rang the SB Women’s Crisis Centre’s counselling phone and the counsellor rang the Police Officers in SB Police Station.

The officers went and said they cannot cross the river because it was flooded.

When the counsellor told the Police officer that we will arrange with the military, they went and got the woman and her kids.

Also Police officer told the woman, next time to be nice to your husband and do not waste our time since she wanted to reconcile in court.

3.
3.

Station: TT Police Station Date: 1/3/18 Details: victim was assaulted by her husband and she went to report to TT Police station.

She PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 137 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI wanted the husband to be charged and for a DVRO to be in place.

The Police officer rang and informed her husband who came to the Police station and the Police officer said for them to sit and discuss and he cannot do anything.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 138 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Appendix 3 Guide to Scrutinising Legislation From Gender Perspective STEP 1 Guide Identify the Issue 2 3 Identify the evidence available on the Issue.

Establish whether gender has been in mainstreamed the decision making process.

4 Summarize – What are my conclusions and what questions do I need to ask during scrutiny.
Questions to Ask Is it new law or amending an existing one?

 What is the legislation?

  What subject area does it fall under, e.g.

health, education, environment, finance?

 What are the goals of the Bill?

 Who will be affected by the change in the law?

   What are the gaps in the data?

  Is there sex-disaggregated data available on the issue you are considering?

Look at workforce statistics, and the groups of people the change may affect.

Are the statistics up to date and reliable?


Can you identify if one gender is likely to be affected more than the other by the change in the law, and to what extent?

Are gender differences specifically addressed in the Bill, either through a particular provision or in the Explanatory Notes?

Are specific groups of people within each gender (such as disabled women, men of a specific ethnicity or women living in rural areas) more likely to be affected, and to what extent?
   What evidence is there to prove that gender considerations have been a factor in the decision-making process (for example, through impact assessments, gender analysis, or consultation of women’s groups)?

Has an impact assessment been undertaken?

Does it consider gender?

 What gender analysis has been undertaken by the government?

  Who has been consulted on the issue?

Whose voices are missing?

 issues be monitored the in How will gender policy/programme/budget/law?
regulation of the  What are the desired ‘gender outcomes’ (e.g.

better women’s representation,     improved cultural attitudes, improved income equality etc)?

Section 26 of the Fiji Constitution states that “equality includes the full and equal enjoyment of all rights and freedoms recognized in this Chapter or any other written law”.

Is section 26 clearly embedded in the Bill?

Do certain groups of people face obstacles accessing the service concerned?
Does the workforce reflect the population in terms of gender?

If not, is this seen as a problem and if so what steps are being taken to address it?

Is unpaid care (of children or relatives/friends) an issue?

Has it been factored into the decision making?

 What gender-specific data will be gathered as a result of this decision?

 How has the Fiji National Gender Policy had an impact on this issue (e.g.

is it a target in the Plan?)


Has the legislation been drafted in clear, plain language, to be understandable to as many people as possible?

  Will women be involved in administering the law?

  What methods will be used to ensure that men and women have equal access to this How will the public be educated about the law?

information?

 Will gender-specific concerns be reviewed in monitoring and evaluating the legislation?

 What are my conclusions?


 List of questions to ask during scrutiny of the Bill.

(Remember that just because some information may not be available in the public domain, does not mean it does not exist.

Gender-based analyses of laws and policies may be undertaken internally; the scrutiny process should find this out.

List of changes/amendments/suggestions to put forward.
 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 139 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Appendix 4 Core Functions of Key Positions within the Department of Women Position Director Women Principal Research Officer (PRO) Principal Administrative Officer (PAO) Senior Women’s Interest Officer (SWIO) Women’s Interest Officer (WIO) Purpose of the position The position is responsible to the for Permanent Secretary the development, implementation and monitoring of policies that affects women.
It also provides policy advice through Cabinet Papers, and It also Discussion papers.

oversees the operations of the Department to ensure that it is aligned the Government Priorities.

Information to The position is based at the Women’s Department at Civic Towers, Suva and reports to the Director Women.
It contributes to providing a range of services such as research, development and policy adviser to the Director Women, also contributes towards coordination and facilitation of all economic social development programs, administered at the Women’s Department.

and Not provided to Audit despite several requests.

Not provided to Audit despite several requests.


to will through facilitate incumbent The be responsible to the Principal Field Officer (Women) the Senior Women’s Interest Officer (SWIO), targeted women development programs budgetary within delivered allocations and agreed timelines.

The position internally works with the Department staffs within the thematic desk Division and officers at Head Office.
Externally the incumbent also works closely Duties The position will achieve its purpose through the following key duties: •Ensure relevant policies, strategies, programs and activities are developed in line with international laws (UN CEDAW) and implemented through strict control, monitoring and evaluation.

•Work collaboratively with other Ministries and other key stakeholders to establish well-integrated approaches in Women development.
•Ensure sustainable democracy and good governance is maintained through gender equality programs and women development.
•Maintain working knowledge of significant developments in relation to international laws on Women •Develop and maintain relationships and networks with multi-lateral and bilateral international funding agencies, civil society groups to increase visibility of the roles of the Department •Actively contribute to all corporate requirements of the Ministry, including planning, budgeting and selection activities where required.
•Provide support and leadership in any structural changes that may take place in the Civil Service.

The position will achieve its’ purpose through the following Key Duties: Leadership and Policy Support to Director Women 1.

2.

Research to drive new policy initiatives and formulation/ review 3. of policies for existing programs Ensure alignment of Departments ACP key deliverables to Roadmap 4.

Monitoring and Evaluation(Performance Appraisal) Organizational and Individual levels 5.
Develop monitoring and evaluation mechanism and undertake M&E exercise, audit and analyse implementation of ACPs & BP, Women’s Development Projects, Cabinet papers and provide periodic reports 6.

Work with Media Liaison officer for Public outreach and Consultations and Marketing of Programs/activities for public awareness Provide regular briefs to Director Women 7.

Not provided to Audit despite several requests.

Not provided to Audit despite several requests.


The position will achieve its’ purpose through the following: 1.

Developing and implementing the divisional Work plan in line with 2.

3.

4.

5. the Department’s Business Plan, according to set targets; Addressing issues and concerns and development needs of women aligning to the objectives of the Department through gender equality and empowerment programs.
Ensures targeted women development programs are delivered within budgetary allocation and on a timely basis.
Ensuring that service delivery for Women is facilitated through supervision, monitoring and evaluation of staff performance Ensure effective monitoring of livelihood programs for women and divisional implementation of the five thematic programs of the Department of Women namely Women and Law, Equal PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 140 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Senior Women’s Interest Assistant (SWIA) programs Stakeholders from with development governments, agencies, Non-Government Organization (NGOs) and Civil Society Organization (CSOs) ensuring the implementation of development for women.
The position facilitates targeted women development programs delivered budgetary within allocations and agreed timelines.

In addition this position is to be gender responsible mainstreaming concerns and mange a database of women’s groups, programs, training projects and crime statistics in the division.

The position is also the assistant to the Divisional Women’s Interest Officer.

for Women’s Interest Assistant (WIA) to reports Interest Officer.
the The position Women It contributes to providing a range of support and administrative services to the women interest officer, towards coordination and facilitation of all social and economic development programs, administered at the Women’s Department.

6.

Participation in Decision Making, Access to Services, Formal Sector Employment and Livelihood and the Elimination of Violence against women and children.
Attend and participate at the divisional development forums through advocating for the advancement of women and provide timely submission of activity report of work undertaken at divisional level.

The position will achieve its’ purpose through the following Key Duties: 1.

Develop and Implement Annual Work Plan aligned to the Divisional and Department’s Business Plan.

2.

Distribute and collect nomination forms for representation in Decision Making Bodies.

3.
3.

Co-ordinate Legal literacy training and programs advocating 4.

Elimination of VAW/Children.

Attend/Participate, compile and submit programs and activity reports for Development Forum to WIO.

5.

Compile and submit training reports and acquittal of funds.

6.

Collecting District information on Women’s Organization, Training Programs, and statistics relating to women and projects and maintaining divisional Database.
Facilitate Gender Sensitization, CEDAW, Leadership, Business and Capacity building Training for the Division.

7.

The position will achieve its’ purpose through the following Key Duties: Participate in consultations with regards to the Divisional work programs.

1.

2.

Develop Annual Work Plan aligned to the Divisional and 3.

4.

Department’s Business Plan.

Implementation of the Work Plan according to the set targets.
Facilitate Income Generating Opportunities for the women through partnership and training.

5.

Distribute and collect nomination forms for representation in Decision making bodies.

6.

Coordinate Legal Literacy Trainings and submit monthly reports.

7.
7.

Coordinate programs advocating Elimination of Violence Against Women and Children PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 141 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Appendix 5 Summarising Staff Listing at the Department of Women Substantive Posts Total No.

of Posts Total No.

of posts filled Total No.


of posts vacant Remarks (Field (Field (Field DW PAO Services) PRO SWIO WIO SWIA WIA TOTAL DW PAO Services) PRO SWIO WIO SWIA WIA TOTAL DW PAO Services) PRO SWIO WIO SWIA officer on maternity leave 4 3 posts are on acting appointments and 1 is being advertised.

5 2015 0 0 0 0 0 0 No.

of officers reduced to 5 compared to the previous year.
This is due to exclusion of SWIA Eastern Division 3 One of the 4 vacant posts that were evident in the previous year has been filled due to a sideways transfer.

The post was being advertised in the previous year.

However, the posts that had officers acting on it in the previous year are still acting positions.

3 0 0 0 0 0 2  WIO (Central) was posted to Labasa Office wef 14/01/2014.

 WIO (Western) was re-graded to WIO (West) as per PSC Letter 27/02/2013 VN02/2013.

 No.

of officers increased to 6.


Hence there was 1 newly created post.

The post (SWIA- Central) that was excluded in 2014, was re- established.

The post was to be advertised at the end of the month.

 1 vacant - The officer to which the other substantive post belonged to had retired on medical basis on 03/05/2015.

EDP# 93696 is acting on the post.

WIA 15 13 2  No.

of officers increased to 15.

Hence two newly created posts.

 1 newly created post was for WIA According to P2P, it was still vacant.
 1 newly created post was for an additional WIA and it was an acting position.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 142 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI TOTAL DW PAO Services) PRO SWIO (Field  All three vacant posts that were on acting positions have been filled accordingly.

31 27 4 2016/2017 1 1 1 4 0 1 0 4 1 EDP# 53169 acted on the post while it was being processed.

0 Newly created post.

EDP# 47549 appointed.


1 EDP# 91173 acting of the post.

0  While EDP# 536169 is acting on DW, EDP#53669 is acting on SWIO (WPA) post.

 While EDP# is acting on PRO, EDP# 53153 is acting on SWIO (CEDAW) post.

 Substantive post for SWIO (Livelihood) belonged to EDP# 92124.

However, she was transferred to ESU as SAO.

 EDP# 93537 – contract expired on 20/06/2016.

Ever since, she has been contract extensions.

WIO 6 3 3  No.

of officers increased to 6.


Hence there were two newly created posts.

 1 newly created post – Additional WIO.

According to P2P, post was being processed.

 1 newly created post – Gender Based Violence Officer was newly created.

Post was filled.

 While EDP# 53153 is acting on SWIO (Livelihood), EDP# 92696 is acting on WIO (Central Division).

 While EDP# 53669 is acting on SWIO (WPA), EDP# 9211 is acting on WIO (Eastern).
 2 vacant posts from previous year is still being processed.

 Two vacant posts.

 The re-established (SWIA-Central) post is in acting position.

 The other post is acting position as well.

 EDP# 93282 (SWIA-North) post to be advertised soon.

 No.

of posts increased from 15 to 16 officers.

 DoW did away with 2 WIA posts, namely for  DoW created three new posts: I. II.

III.

WIA-Gender and climate change WIA-Information Officer WIA-Gender Based Violence Officer.
3 3 11 2017/2018 1 EDP# 47549 acting on the post.

0 1 EDP# 91173 acting of the post.

0  While EDP# 91173 is acting on PRO, EDP# 53153 is acting on SWIO (CEDAW) post.

 Substantive post for SWIO (Livelihood) belonged to EDP# 92124.

However, she was transferred to ESU as SAO.

Therefore, EDP# 53669 is acting on the post.


SWIA 6 3 WIA 16 13 TOTAL DW PAO Services) PRO SWIO (Field 35 1 1 1 4 24 0 1 0 4 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 143 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI WIO 6 3 3  1 newly created post – Additional WIO.

SWIA 6 3 WIA 16 13 According to P2P, post was being processed.

 WIO (Central) was posted to Labasa Office wef 14/01/2014.

Therefore, her post was to be advertised.


 While EDP# 53153 is acting on SWIO (CEDAW), EDP# 92696 is acting on WIO (Central Division).

 While EDP# 53669 is acting on SWIO Livelihood), EDP# 9211 is acting on WIO (Eastern).

 2 vacant posts from previous year is still being processed.

 Two vacant posts: I. II.

The re-established (SWIA-Central) post is in acting position.

The other post is acting position as well.

 EDP# 93282 (SWIA-North) post to be advertised soon.
 DoW did away with 2 WIA posts,  DoW created three new posts: IV.

V. VI.

WIA-Gender and climate change WIA-Information Officer WIA-Gender Based Violence Officer.
3 3 TOTAL 35 24 11 PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 144 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Appendix 6 cases Challenges in responding to Domestic Violence Institution Challenges Police Villages Social Welfare         Hostile behavior of police officers, for example shouting, slamming down the phone Problems with transportation when cases are referred to them Passing the call around when a follow up is done from the DV Helpline Police in remote areas, such as Vunidawa and Navua are constantly pushing responsibility for jurisdiction on each other.
Gatekeepers and Turaga ni koro of Naitasiri are not reporting Domestic Violence in their areas.

Counsellors were informed by both Gatekeepers and Turaga ni Koro that their villages had been declared a Zero Tolerance Violence Free Zone, thus they will solve it within and not involve police because government knows they are crime free.
Hard for cousellors to do follow up on cases when calls come in from villagers on DV and Gatekeepers and Turaga Ni Koro are not forthcoming and cooperative Not taking the Child Welfare Decree seriously Aggressive to counsellors when child abuse cases are referred to them.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 145 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Appendix 7 Violence List of Complaints in responding to Domestic Date 10 – March - 2017 Police Station Police Station Comments  Received a call that a drunk man and woman had gotten into a brawl while their children were locked in the house and were screaming and crying out for help.
14 – March – 2017 Community Post 15 – Mar – 2017 VLV Police Station 15 – Mar – 2017 VDW Police Station 19- Mar – 2017 NMS Police Station     Called the Police Station at 10.30pm; phone not working Called the sergeant on duty; phone was ringing and diverted According to the caller, Constable was present when the fight broke out and saw the children locked in the house and nothing was done.

Community Post was unattended for several hours.
A woman called to inform us that she had waited for two hours at the Community Post, where she wanted to report that she has been physically assaulted by her husband and she wanted to report the incident with the police at the  When the constable returned, he told the woman he cannot take her statement and that she needed to go to Police Station Received a call regarding an attempted rape   WPC of Police spoke rudely and demanded “why is the woman talking to the DVHelpline?”  Counsellor heard her talking in the background; the woman with the phone was scared.
  When the counsellor asked for her badge number, she screamed and asked her why she wanted the badge number.

Received a call about a rape from the girl’s brother who was not happy with the outcome solved by villagers through bulubulu (traditional forgiveness).

Crimes Officer of VDW spoke aggressively and rudely to counsellor.

     Crimes Officer told counsellor if she could “stop this calling around” VDW then informed counsellor the village is in the Navua Police jurisdiction.
Call NVA Police they informed the village in question is under VDW Police.

Complaint against police officers during Operation Sasamaki, who broke down the door at 12am Sunday morning in the caller’s home.

They appeared drunk and were holding sticks as they demanded the woman of the house show them the prisoners.

The caller relayed that his wife and children are scared that it can happen again.
The caller relayed that an officer, and there was also an officer by the nickname of “Saddam” who, according to the caller, is part of the dog unit at STK Police Station.
PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 146 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI Date Police Station 19 – Mar – 2017 VLV Police Station 21- May – 2017 YM Police Post/ NWQ Police Post/ MMM Police Station Comments        Informed caller to report to NMS Police and he suggested that they don’t take reports other than drugs reports.

Received a call concerning a woman who have been assaulted by her husband.
The woman’s mother gave the daughter’s address.

The flat is situated at the back of Amar’s Memorial Kindergarten.

According to her mother she has been trying to call her daughters number and the call had not been going through.

Her daughter initially called and asked her mother to call the DVHelpline, her mother could hear screaming in the background.

Called NDW Community Post, who replied that they could not attend because they did not have a vehicle.
They were going to refer to VLV Police Station Called VLV Police Station spoke to WPC, she informed that Constable had gone to see the woman.

After an hour, when a follow up was carried out, WPC slammed the phone down on the counsellor.

The counsellor called again and was informed the officers could not locate the house and had left for a “drug run” to CPS.
An actual DV Incidents that happened in YM, the woman that was being punched and beaten up by her husband, she called the helpline and relayed that she needed police assistance.

Counsellor responded and immediately called the YM Police Post – there was no response, called NWQ Police Post – there still no response.

Counsellor resorted to call MMM Police Station, then spoke to WPC and gave the location of the caller, WPC requested for the caller’s phone number.
After 10 minutes the woman who was being physically abused by her husband called the helpline and relayed the message that the Police had called her to warn her husband.

PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 147 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI 7.0 DOCUMENTS REVIEWED Accessible as hard copy document Accessible on the internet No.
Publication Primary Document Review Source Fiji Police Act 1966 Crimes Decree 2009 Domestic Violence Decree 2009 Child Welfare Decree 2009 Beijing Declaration Platform for Action Women’s Plan of Action (2010-2019) Family Law Act 2003 Employment Regulation Promulgation 2007 CEDAW Articles Revised Pacific Platform Declaration & Platform for Action Criminal Procedures Decree 2009 Sentencing & Penalties Decree 2009 Family Law(Amendment) Act 2012 Criminal Procedures Code (Cap.21) Human Rights Commission Decree 2009 HIV AIDS Decree 2011 TOR EVAW Taskforce Sustainable Development Goal Booklet MOU between FPF and MSP National Policy on Sexual Harassment 2007 UN Declaration on EVAW Fiji National Development Plan Finance Manual 2013 - MWCPA Fijian Government 5 year and 20 year National Development Plan Roadmap for Democracy and Sustainable Socio-Economic Development 2010-2014.
National Gender Policy 2013 Women’s Plan of Action Situational Analysis Volume 1, 2009 Government of Fiji CEDAW Country Reports – Initial State Report Government of Fiji CEDAW Country Reports – Combined 2nd, 3rd and 4th State reports Government of Fiji CEDAW Country Reports – 5th State report Fiji Country Supplement Report to Violence against women in Melanesia and East Timor: Building Global and Regional Promising Approaches 2008.
Personal Files – 21 files, P2P Listings – MWCPA, EVAW Taskforce Updated Member Listing Zero Tolerance Violence Free Communities (ZTVFC) Project files, Standard Operating Procedures, relevant minutes of meetings, cabinet paper, evidence on identification, commitment and declaration phase National Domestic Violence Helpline Concept Note, Tender evaluation papers, acquittals, Statistics and Challenges reports, relevant minutes of meetings, grant agreement, TOR Annual Corporate Plan(2014 – 2016), Department of Women Business Plan(2014 – 2016/2017), Individual Work Plan (2014 – 2017) – Ministry of Women, Children & Poverty Alleviation Strategic Plan (2015 – 2019), Annual Corporate Plan(2014 – 2016/2017), PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 148 REPORT OF THE AUDITOR GENERAL OF THE REPUBLIC OF FIJI No.
37 Publication Annual Report (2014 – July 2016), Annual Crime Statistics(2015 – 2017(Draft version) – Fiji Police Force Police Academy Training Manual (2016/2017 – 2017/2018) – Fiji Police Force, Joint Working Group Minutes of Meeting, MOU with Ministry of Women, Male Advocacy Report (Man-Up campaign) Final Service Delivery Protocol Source Secondary Document Review 38 39 40 41 42 43 44 45 46 47 48 49 Fiji’s National Report on the 20 year review of the implementation of the Beijing Platform for Action Asian Development Bank Fiji Country Gender Assessment 2006 Asian Development Bank Fiji Country Gender Assessment 2015 Fiji Shadow NGO CEDAW report – Combined 2nd, 3rd and 4th State reports Fiji Shadow NGO CEDAW report – 5th NGO shadow report.
Pacific Islands Forum Secretariat (2016) Pacific Leaders Gender Equality Declaration Trend Assessment Report 2012-2016.

Violence against women in Melanesia and East Timor: Building Global and Regional Promising Approaches 2008.

Stop Violence: Responding to violence against women in Melanesia and East Timor 2009.

FWRM balancing the scales: Improving Fijian Women’s Access to Justice 2017.
FWCC National Research on Women’s Health and Life Experiences in Fiji (2010/2011): A survey exploring the prevalence, incidence and attitudes to intimate partner violence in Fiji.

Uttar Pradesh Performance Audit on Empowerment of Women Report 3/2016 - India New South Wales Auditor General’s Report on Responding to domestic and family violence PERFORMANCE AUDIT ON COORDINATION OF ACTIONS ON ELIMINATION OF VIOLENCE AGAINST WOMEN 149 www.oag.gov.fj