COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION BEGINS REVIEW OF REPORTS OF FIJI

CERD
62nd session
11 March 2003
Afternoon




The Committee on the Elimination of Racial Discrimination began consideration this afternoon of Fiji's sixth to fifteenth periodic reports, welcoming the country's resumption of dialogue with the panel after a 25-year absence and querying a Government delegation, among other things, on land reform, affirmative action programmes, and practices that might lead to better relations in a multi-ethnic nation.
Introducing his country's reports, Isikeli Ululnairai Mataitoga, Ambassador and Permanent Representative of Fiji to the European Union, said political events in 1987 and 2000 had had serious consequences for Fiji, causing irreparable damage to race relations and to the country's economy. The current Government had a policy of promoting stability in its multi-ethnic and multi-cultural society through restoring the confidence of its citizens, he added.
Committee Expert Patricia Nozipho January-Bardill, who acted as country rapporteur for the reports of the Fiji, said the Committee welcomed the Government's intention to enable members of its diverse society to participate freely and fully in the economic, social and public life of the nation.
Ms. January-Bardill said that recognition of the diversity of cultures, languages and traditions in Fiji demonstrated a willingness to use the disaggregation of groups of people as a useful mechanism for attending to specific needs and responding to specific problems.
Also participating in the debate were Committee Experts Kurt Herndl, Regis de Gouttes, Luis Valencia Rodriguez, Alexandre Sicilianos, Morten Kjaerum, Patrick Thornberry, Mario Jorge Yuzis, Raghavan Vasudevan Pillai, Tang Chenyguan and Noureddine Amir.
Included in the Fijian delegation were Peter Wise, Deputy Permanent Secretary of the Ministry of Finance and the National Planning Office; Permal Naidu, Director of the Police Complaints Department; Judy Harm Nam, Senior Assistant Secretary, Political Issues and Treaties Department of the Ministry of Foreign Affairs and External Trade; Asenaca Uluiviti, Second Secretary of the Fiji's Permanent Mission to the United Nations; and Vuki Qionibaravi, Legal Officer of Fiji Law Reform Commission.
As one of the 167 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, Fiji is required to submit periodic reports to the Committee on national efforts to fight racial discrimination.
At the beginning of the meeting, Chairperson Ion Diaconu announced that Switzerland had declared its recognition of the competence of the Committee to receive and consider communications from individuals or groups of individuals claiming to be victims by their respective States of violations of the rights set forth in the International Convention. The Committee may consider individual communications relating only to States that have recognize its competence to do so under article 14 of the Convention.
When the Committee reconvenes at 10 a.m. Wednesday, 12 March, it will hear the responses of Fiji to the questions put by the Committee this afternoon.

Reports of Fiji
The sixth to fifteenth periodic reports of Fiji (CERD/C/429/Add.1) describe legislative, judicial, administrative and other measures taken by the Government since 1982 to give effect to the International Convention.
The reports note that in a recent significant development for the political tone of race relations in Fiji, the leaders of the two main political parties in Parliament agreed to urge their respective representatives to reduce racial remarks during the new session of Parliament. This agreement is significant given the tone of racial remarks made during the previous session, the reports state.
Women in Fiji -- about 49 per cent of the population -- have a literacy rate of 89 per cent, the reports say. The Government is committed to involving women as equal partners in the national, political, economic and social development of the country. In recognition of women's contributions to national life, a Ministry of Women had been established to look after their interests.
Affirmative action programmes have been implemented to redress citizens' social and economic injustices, the reports note. Affirmative action affirms the Government's commitment to securing basic economic rights and a fairer distribution of wealth. The aim is to remove inequalities which pose a threat to Fiji's social stability. The Government also supports programmes of assistance for the poor and needy in various communities, the reports state.

Introduction of Report
ISIKELI ULULNAIRAI MATAITOGA, Ambassador and Permanent Representative of Fiji to the European Union, said that despite recent economic, political and social turmoil in Fiji, the Government had made the decision to cooperate with the Committee. It had also taken active and veritable steps to prepare all the periodic reports it was obliged to submit to the Committee.
In submitting the reports, the Government was signalling its clear intention to engage in a dialogue with the Committee in a constructive manner. The Government also had taken into consideration the concerns of the Committee, which it had expressed last session, Mr. Mataitoga said.
Mr. Mataitoga said his Government was currently reviewing the situation pertaining to the registration of non-governmental organization (NGOs) and it was expected that new legislation would be enacted to facilitate the proper regulation of such organizations in the country. The Government believed that NGOs could play critical role in nation building and development. State and NGO representatives had had their first meeting on 7 February 2003, and the dialogue would continue. The Government was committed to developing its relationship with NGOs.
Fiji had adequate legal provisions to deal with any claims of racial discrimination, Mr. Mataitoga said. The Public Order Act, the Penal Code and bodies such as the national Human Rights Commission and the Ombudsman were in place, and all had competence to deal with issues relating to racial discrimination. More specifically, the Constitution of Fiji contained a Bill of Rights and could be used for purposes of the issues raised in article 5 of the Convention.
Mr. Mataitoga said political events in 1987 and 2000 had had serious consequences for Fiji, causing irreparable damage to race relations and to the country's economy. The current Government had a policy of promoting stability in its multi-ethnic and multi-cultural society. It was also attempting to restore confidence among its citizens.
The Ambassador said the country had been going through a period of instability and uncertainty, conflict and confrontation. The Government was of the view that achieving peace and stability was a long term commitment that should be vigorously pursued through building understanding. However, that could only be achieved when indigenous communities felt that their fundamental interests were protected and did not feel "left out" of national development.

Discussion
PATRICIA NOZIPHO JANUARY-BARDILL, the Committee Expert who served as country rapporteur for the reports of Fiji, said the Committee welcomed the Government's intention to enable members of its diverse society to participate freely and fully in the economic, social and public life of the nation while maintaining their own cultures, traditions, languages and values. That recognition of the diversity of cultures, languages and traditions demonstrated a willingness to use the disaggregation of groups of people as a useful mechanism for attending to specific needs and responding to specific problems. The Committee also was pleased to know that all citizens of Fiji had the same rights under the law.
Ms. January-Bardill said that concerning article 3 of the Convention, on the issue of apartheid, there was segregation of a sort in Fiji, if not in intent at least in effect. There were separate schools for specific groups, having the effect of discriminatory practices. Some legislation might be separating rather than bringing people together.
She said she did not understand Fiji's refusal to accede to article 4 of the Convention, especially in the light of the specific racial problems faced by all Fijians. She wanted to know how existing Fijian legislation was addressing the issue of outlawing incitement to racial hatred and was criminalizing the activities of organizations that promoted racial discrimination.
Affirmation action, which might have been beneficial to disadvantaged groups in society, in fact been harming Fijians as practiced, Ms. January-Bardill said. These practices had resulted in systematic and institutionalized forms of discrimination. It would be interesting to know more about the main challenges of affirmative action for the Government. What were the main challenges?
Ms. January-Bardill said lack of land reform had been among the causes of racial discrimination in Fiji. Land rights had been based on group rights rather than individual rights. She asked what measures had been taken to deal with the issue.
With regard to article 5 of the Convention, Ms. January-Bardill said there was no specific legislation to give effect to the Constitutional provision relating to that article. What specific measures existed to prohibit or deter certain public institutions from directly or indirectly discriminate against others?
Other members of the Committee also raised questions. One Expert wondered why Fiji maintained its reservations on certain paragraphs of article 5 relating to land in Fiji and the school system, as well as to article 4 which required a State party to adopt further legislative measures in the field to prohibit racist organizations. Those provisions were not in conflict with Fiji's legislation, the Expert said.
Another Expert said the reports submitted by Fiji were extremely comprehensive and contained valuable information. Besides the positive aspects in the reports, there were negative ones.
There had been prejudice against people of mixed race in Fuji, an Expert contended. He suggested that Fuji should withdraw its reservations, particularly those under article 5, which in his opinion did not contradict with the right to freedom of opinion.
An Expert asked why the Government was not distributing land not under cultivation to those farmers who desired to use it. Other Committee members also raised similar questions and wondered why Fijian land was exclusively owned by indigenous peoples. Several Experts alluded to Fiji's reservations and declarations on certain paragraphs of articles 4 and 5 of the Convention, and urging the State party to withdraw the reservations.
Referring to the United Nations Development Programme (UNDP), some Experts said that some racial groups were economically most disadvantaged, with low incomes compared to other members of society. Indo-Fijians were given less attention politically, they contended, and suffered from clear practices of racial discrimination.



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