Fiji ratified the Convention on the Elimination of all forms of Discrimination against Women in 1995, but progress has been limited in incorporating and implementing its provisions. According to a report by Fiji Women’s Rights Movements (FWRM), women gained more rights with the introduction of the 1997 Constitution. However, they experienced a severe setback as a result of the attempted coup d’état in May 2000 and the ensuing political instability.
The situation of women in Fiji depends on their ethnic heritage. The population is culturally diverse, comprising Fijians (55 per cent), Indians (37 per cent) and others (8 per cent), with a similar religious make-up of Christians (53 per cent), Hindus (34 per cent), Muslims (7 per cent) and others (6 per cent). An underlying patriarchal nature is common to most of these ethnic groups. Key areas of concern to all women in Fiji include poverty, discrimination in the labour market and gender-based violence.
Women in Fiji have a relatively high level of protection within the family. The Marriage Act sets the minimum age of marriage to 16 years for women and 18 years for men, but parental consent is required if either party is younger than 21 years. The Fiji Law Reform Commission has proposed to increase the minimum marriage age for women to 18 years. Still, the incidence of early marriage is relatively high: a United Nations report estimated that 10 per cent of all Fijian girls between 15 and 19 years of age were married, divorced or widowed. According to the Marriage Act, both men and women are free to independently choose their spouses. Although arranged marriages occur in some Indian communities, a study by the Committee for the Elimination of Discrimination against Women (CEDAW) reports that both parties must consent to the proposed union.
Polygamy is illegal in Fiji. In ancient times, however, Fijians practised polygamy for both political and personal reasons: such marriages established or strengthened clan alliances, and multiple wives were an indication of a man’s wealth and power.
Although Fijian men are perceived as the head of the household, legislation grants parental authority to both parents and makes them equally responsible for raising their children. In the event of divorce, both parents have equal right to custody but there is a general acceptance that custody of young children will be awarded to the mother.
Legally, men and women have equal rights to inheritance. A CEDAW study shows, however, that tradition favours male heirs over their female counterparts.
The physical integrity of Fijian women is frequently not protected to a sufficient degree, often because the law is not applied consistently in day-to-day reality.
Violence against women is common and includes domestic violence, rape and indecent assault. Social and economic pressures, including substance abuse, contribute to the severity of the situation. The US Department of State reports that relatively mild penalties fail to provide disincentives against gender-based violence. In fact, the courts accept a traditional Fijian custom known as bulubulu (apology and recompense/reconciliation) as grounds for not imposing charges on a convicted rapist. In some cases, as shown in a CEDAW study, the courts feel it is sufficient that the victim’s father accepts an apology from the perpetrator. Women’s rights movements are pressing for stricter punishments – particularly for rape – and for criminalisation of spousal rape.
Awareness about domestic violence is rising in Fiji and more women are reporting such incidents. Nonetheless, many women still feel restricted by cultural and social pressures, and by a legal system that emphasises marital obligations and reconciliation between spouses.
Noting that a high number of complaints were subsequently withdrawn by the victims, the government introduced a “no-drop” policy in 1995. This policy aims to ensure that all reported cases receive due legal attention.
A gender-profiling study available on the UNIFEM Women War Peace Portal reports statistics that reflect the situation of women in Fiji. Along with their Samoan neighbours, Fijian women have the highest suicide rate in the world. In 1992, an estimated 41 per cent of suicides were related to domestic violence.
There is no evidence to suggest that female genital mutilation is practised in the country, nor that it is a country of concern in relation to missing women.
Women in Fiji have full ownership rights, including the same legal rights as men in access to land and access to property other than land. However, a CEDAW study reports that women have relatively limited knowledge of these rights and frequently accept not being recorded as co-owners in documents concerning titles or other transactions of family assets. The US Department of State concludes that Fijian women also tend to be excluded from the decision-making process on disposition of communal land.
Fijian law provides men and women with the same access to bank loans and credit. In reality, access is biased towards men as they are better positioned to provide collateral and/or an initial deposit. The CEDAW reports that the Fiji Development Bank and the Ministry of Women are taking steps to improve the situation by creating special credit schemes for women.
Women enjoy civil liberty in Fiji. They have unlimited freedom of movement and do not need the consent of a male family member to apply for and hold a passport. They may, however, be restricted from employment in traditionally male-dominated occupations (for example, mining). Fijian women have complete freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2000), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Fiji Islands, Initial Report of States Parties, CEDAW/C/FJI/1, CEDAW, New York, NY.
CEDAW (2001), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Initial Reports of States Parties, Fiji Islands, Summary Record of the 538th Meeting, CEDAW/C/SR.538, CEDAW, New York, NY.
FWRM (Fiji Women’s Rights Movements), FWCC (Fiji Women’s Crisis Centre) and ECREA (Ecumenical Centre for Research, Education and Advocacy) (2002), NGO Report on the Status of Women in the Republic of the Fiji Islands.
UNIFEM (United Nations Development Fund for Women) (n.d.), Gender Profile of the Conflict in Fiji, Women War Peace Portal, www.womenwarpeace.org.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Fiji, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
