Annex 2 119 Acronyms AFP – Acute Flaccid Paralysis AHD - Adolescent Health Development ANC – Antenatal Clinics ARH – Adolescent Reproductive Health ART – Anti Retroviral Treatment Unsaid – Australian Agency for International Development AYAD - Australian Youth Ambassadors for Development
BFHI – Baby Friendly Hospital Initiative C&P – Care and Protection CAS – Curriculum Advisory Service CEDAW - Conventions of the Elimination of Discrimination against Women CERD - Convention on the Elimination of all Forms of Racial Discrimination CRC – Convention on the Rights of the Child CSEC – Commercial exploitation of children CWMH – Colonial War Memorial Hospital DoSW – Department of Social Welfare, Women and Poverty Alleviation DPP - Director of Public Prosecutions EPI – Expanded Programme of Immunization FA – Family Assistance FHRC – Fiji Human Rights Commission FJHC – Fiji High Court – Fiji Law and Justice Sector Program FLR – Fiji Law Reports FNCDP - Fiji National Council for Disabled Persons FPBS - Fiji Pharmaceutical and Biomedical Services FSN – Fiji School of Nursing HART - Housing Assistance Relief Trust HBAS – Hospital based active surveillance (HBAS) HIV – Human Immunodeficiency Virus ICCPR – International covenants on Civil and Political Rights ICESR – International covenant on economic, social and cultural rights
Family Law Act 2003 Definition of child Under 18 years Immigration Act Definition of Under 21 years (s.2(1)) or under 18 years (s.17) Juveniles Act Definition of child Under 14 years Juveniles Act Definition of juvenile Not attained 17 and includes a ‘child’ and a ‘young person’ Juveniles Act Definition of young person Attained 14 and not attained the age of 17 years Juveniles Act Criminal responsibility Over 10 years, and under 12 years, subject to knowledge that act or omission was wrong Marriage Act (Amendment) Decree 2009 Age for marriage 18 years and over (increased and same
The Code has been replaced by the Crimes Decree and the Criminal Procedure Code by the Criminal Procedure Decree. The Criminal Procedure Decree 2009 specifies the sentences which may be passed by the court (ss.6,7,8,9). All sentences must be in accordance with the Sentencing and Penalties Decree 2009. There is no provision for corporal punishment in any of the three new Decrees. Measures to promote physical and psychological recovery and social reintegration of victims Trauma: Outpatient or Emergency physicians are often the first to come in contact with child victims. Child specialists are used for examination and treatment and, if necessary, a child may be referred to law enforcement, counsellors or social workers for further assistance. Under the child Welfare Decree 2010, all professionals are required to report to the Permanent Secretary MoSW as soon as possible and the first door of assistance is the local district and divisional Social Welfare Office. The Fiji Women Crisis Centre together with the Police Sexual Offences Units in Suva and Nausori provides some support to children and their families. Fiji Women’s Crisis Centre (located in 4 urban centres) provides trained counsellors who can provide support to child and adult victims and guide them to support services and community awareness programmes throughout the country. Churches and non-government organisation may also provide some support for survivors of abuse. Assistance: The Ministry of Social Welfare, Women & Poverty Alleviation has a 917 telephone line through which all reported cases are responded to. The Fiji Women’s Crisis Centre has a general helpline for people at risk and can refer children on to social welfare if appropriate. Volunteers have also recently set up the ‘Salvation Army Lifeline’ and training for counsellors commenced in Suva in 2010. A plan is being considered by non government organisation Homes of Hope (Joy International) offering a confidential telephone hotline for women who are considering abandoning their babies which is an emerging problem. Assistance is also available from Salvation Army and other NGO’s for women and children at risk. Capacity: Diplomas, certificates and degrees in Social Work and Counselling are offered by various tertiary institutions in Fiji. However, it is notable that trained specialists such as occupational therapists or speech pathologists are generally not available in Fiji. They may however be present in a volunteer capacity through programs such as Australian Youth Ambassadors for Development (AYAD) or Volunteering for International Development from Australia (VIDA), JICA ,PEACE CORP Volunteers and KOICA.
f) Measures to protect children from substance abuse Fiji has a Substance Advisory Council (SAAC) under the Ministry of Education. Its role is to create a health-conscious society where individuals make wise choices about their health and well-being and where the use and abuse of drugs, alcohol, tobacco and other addictive substances pose no threat to the happiness, progress and prosperity of the people of Fiji. Over the last decade the key drugs of concern in Fiji have been repeatedly identified as cannabis, alcohol, yaqona(kava) and tobacco. Fiji’s Illicit Drugs Control Act 2004 is an adaptation of the Regional Model Law on the Control of Illicit Drugs. The Ministry of Education also has a policy on ‘Drugs and Substance Abuse in Schools’ which emphasis the prohibition of the possession, consumption, promotion, distribution or sale of all drugs including alcohol, tobacco and marijuana on school premises. Section 91 (b) of the Employment Relations Promulgation prohibits the “use, procuring or offering of a child for illicit activities for the production and trafficking of drugs as defined in the relevant International Treaties”. The Illicit Drugs Control Act in section 5 also provides that it is an offence for a person to supply posses and produce illicit drugs. The penalties are severe and can be up to a fine of $1,000,000 and/or life imprisonment. g) Measures to ensure the protection of children with incarcerated parents and children living in prison with mothers Fiji’s only prison is in Suva and allows mothers to keep their young children with them when incarcerated. This encourages continuity of breastfeeding and mother/child bonding. If children have no other family and are unable to live with their mother in prison the children will become the responsibility of the MoSW who will place them in care for as long as required. 2a) Social Security and Child care services and facilities Financial hardship – care and protection: There is increasing concern in the rise of single parent households headed primarily by women. One-fifth of all poor households are headed by a single person. Children in poor households may be denied many of the things they need for optimal development such as school costs, medical care, and a reasonable place to live. Many health problems are caused by poor sanitation and water supply. Ten percent of all births are to single women. The relationship between single motherhood and financial hardship is evident. There have been reports of
rights treaties which all have an impact on the rights of the child and Penalties Decree 2009 that reinforce the rights of the child The Fiji Constitution has been abrogated as of April 2009 Fiji has signed the OP’s of the CRC (2005) 2. Need for a systematic, comprehensive and disaggregated quantitative and qualitative data collection mechanism for issue covered by the Convention Strengthen efforts to work with CCC Create a system for collecting disaggregated data The National Coordinating Committee for Children was established in 1993 and is currently chaired by the Ministry of Social Welfare, Women & Poverty Alleviation. The NCCC is looking to assess its effectiveness by working with UNICEF’s new NCCC toolkit A system for collecting data has not yet been created 3. Concerned about the lack of an independent complaint and monitoring mechanism for children Establish Ombudsman for Children or equivalent independent mechanism Fiji works with a Human Rights Commission and that can represent the interests of children when required 4. Insufficient human and financial resources are allocated for the full implementation of the Convention Ensure appropriate distribution of resources, budget allocation should ensure rights to the maximum extent of available resources Fiji is working within economic restraints . Fiji is committed to resourcing the Government Department’s focus on children, including staff and training opportunities and has recently established a Child Protection Unit within the DPP in 2009. Fiji does not have the same level of expertise that other countries may enjoy. As a result, Fiji relies on
5. Lack of adequate and systematic training for professional groups working with and for children partnerships and support for training from international bodies to increase staff capacity. are encouraged to obtain further qualifications and attend training workshops as available – often conducted by UN agencies or other NGO’s such as Save the Children Volunteers including speech pathologists and occupational therapists are in Fiji from countries including Australia and the EU Additional assistance with capacity building and funding would be welcome 6. Not taking into account articles 2, 3, 6, 12 in legislation, administration, policies, programmes Efforts to ensure best interests of the child, survival and development and child’s opinion are considered in policy discussions and decision making as well as judicial and administrative procedures. Encourage systematic approach to increasing public awareness of right to participation of children Role of Ministry of National Youth Advisory Board and Council State of Pacific Youth Report 2005 UN International Year of the Youth activities Kids Link Fiji associated with Save the Children, media creation supported by both STC and UNICEF, participation in national and international forums Kids Link – ‘Right to Education’ campaign Public Awareness of CRC techniques by govt? Judicial process requires children’s opinions to be taken into account in 21(3), (4),(5),(7) Juvenile Act Cap 56
NOTE – THIS INFO SHOULD ALL BE IN THE REPORT 7. Concern for minimum age for marriage set at 16 for girls and 18 for boys State party should harmonise the marriage age with CRC provisions The Marriage Act (Amendment) Decree has altered the age of marriage for all to 18 8. Insufficient measures for achieving rights of vulnerable groups and also term ‘illegitimate children’ More active approach to eliminate discrimination against, for example, the girl child, children with disabilities, children in care, children in rural areas etc The term illegitimate has been changed. The Family Law Act 2003 no longer distinguishes one child from another. 9. Lack of conformity of birth registration system with article 7 Take appropriate measures to improve birth registration system Launch awareness raising campaigns regarding parents duty to register newborns Citizenship of Fiji Decree – all persons who are born in Fiji or are assumed to be born in Fiji are citizens 10. Need for explicit provisions in school regulations for banning of corporal punishment Corporal punishment to be prohibited by law Raise awareness on negative effects of corporal punishment Ensure discipline is administered in manner consistent with child’s dignity Education policies including Child Protection Policy Note consultations on Protection Policy A high judgement first outlawed corporal punishment (cite) Plans are underway to increase awareness of alternate forms of corporal punishment for parents and teachers, including the Social Welfare ‘Blue Ribbon’ project 2010.
19. Insufficient rehabilitation measures for ill treated or exploited children Undertake efforts to establish a rehabilitation centre for victims of sexual abuse or economic exploitation Seven Residential Homes with Minimum Standards Compliance 20. Concerned about Juvenile Justice System’s compatibility with international guidelines and a) Lack of legal counselling for child in care b) Detention not used as a last resort c) Poor state of detention centres d) Low minimum age for criminal responsibility e) Children between 17 and 18 not considered juvenile Fully integrate provisions re torture and deprivation of liberty (37), administration of juvenile justice (40), and rehabilitative care (39). Review provisions governing a) Legal counselling for child in care in conflict with law b) Detention to be used only as a last resort c) Condition of detention centres Strongly recommend d) Raising minimum age for criminal responsibility e) Raise age to 18 years for children being considered in the juvenile justice system Consider seeking international assistance in areas of juvenile justice Fiji’s laws were complemented by abrogated 1997 Constitution provision S42(3) which obligated courts to apply international conventions for the protection of rights. Juvenile Act Cap 56 protects child offenders in that detention is allowable only where the child is of unruly character. Common practice is Police diversion and court diversion S32 Juvenile Act Cap 56 though no firm data to verify numbers. Initial report and replies be made widely available to the public to generate Responsibility of NCCC and Social Welfare