Working Group 7
POVERTY, SOCIAL JUSTICE AND HUMAN RIGHTS
[Terms of Reference]

BACKGROUND

Fiji needs to become a more progressive and a truly democratic nation; a country in which its leaders, at all levels, emphasize national unity, racial harmony and the social and economic advancement of all communities regardless of race or ethnic origin. Addressing poverty, social justice and human rights issues are crucial for the achievement of this objective.
While the definition and extent of poverty is a subject of debate, there are undoubtedly a significant number of people living in poverty and extreme hardship. Social Justice programmes which are intended to provide equal access to opportunities to all communities, have the potential to reduce inequality and promote balanced development. The promotion and protection of all human rights -- civil, cultural, economic, political and social -- is interdependent and interrelated with democracy and social and economic development.

OBJECTIVES

The objective of Working Group 7 is to:

(a)  to conduct factual, diagnostic and analytical work on Poverty, Social Justice and Human Rights;
      (b)  to undertake any further studies or investigations on this topic; and
(c)  to summarise and report back to the NTT 3 on the deliberations and recommendations of the Working Group on this priority topic.

ISSUES
Poverty

Results from the 2002/2003 Household and Income Expenditure Survey (HIES) indicate that 34.4% of the population lived below the basic needs poverty line (minimum nutritious low cost diet plus allowance for non-food expenditure), which stood at $177.96 per household per week,  – an increase of 5% from the 1990/1991 HIES.

The 2002/2003 HIES estimated that the poverty gap, the difference between the national poverty line and average income of a poor household, was $2,616.64.  However, the Gini coefficient, which measures inequality by per capita income, declined to 0.46 from 0.49 in the 1990/1991 HIES.

Recently there has been an increase in the number of households and individuals receiving Family Assistance (which may be due to more funds being available). The 1996 UNDP Poverty Report indicated that almost 10% of households could not afford a minimum nutritious diet.

The growing disparity among the country’s different regions, particularly in the outer islands and the rural areas, is reflected in the higher incidence of poverty in rural compared to urban areas (see Table 1, Consultation Document on the Preparation of the Sate of Nation and Economy).  The lack of opportunities in rural areas is an important cause of dissatisfaction which in turn promotes rural-urban migration leading to pressure on the already constrained urban infrastructure and services. This can be seen in the high number of squatters and unemployed in urban areas. It is estimated that there are close to 100,000 people living in about 200 squatter settlements scattered throughout Fiji with a substantial number located along the Suva-Nausori corridor (about 82,350 people in 182 settlements – 2003).

While Government has tended to follow a “developmental” approach to reducing poverty and ensuring basic needs are met, this is a rather long term strategy to achieve goals that are desired in the short to medium term timeframe. In addition the poor growth performance of the Fiji economy in recent years has cast further doubt on this approach, at least for the near future.  In order for Fiji to meet the Millennium Development Goals (MDGs) by 2015 pro-poor policies will need to be identified and implemented to address the needs of the poorest in society. 

There is a lack of comprehensive and timely data through which to assess and analyze the state of poverty, its causes, consequences and policy implications.  Given this, a review of poverty alleviation programmes need to be undertaken so that necessary policies can be appropriately targeted.  In addition, while a number of government agencies as well as NGOs provide a variety of welfare services to the poor or destitute, there are few, well-coordinated systems that report on their progress or success.

Social Justice

The programmes under the Social Justice Act 2001 aim to address disadvantage existing in all communities in the areas of education and training, land and housing, and participation in commerce and in all levels and branches of state service. Each programme has specific goals and target beneficiaries, means of assistance, performance indicators and criteria for selecting members of the target group. The criteria for selection include race, gender, economic status, disability and physical location. Of the 29 Affirmative Action programmes, 17 benefit all communities, 10 benefit indigenous Fijians and Rotumans as a target group and 2 are specifically for Indians and minority communities. There is a need for better targeting of these programmes, particularly for those in the outer islands and the rural areas.

In 2006 the Fiji Human Rights Commission released a report on Government’s affirmative action programmes, 2020 Plan for Indigenous Fijians and Rotumans and the Blue Print. The report assesses current affirmative action policy, programmes and legislation against the Fiji Constitution, other relevant laws of Fiji and international law relating to affirmative action. Issues raised in the report will be addressed in a comprehensive review to be undertaken by Government on all its affirmative action policies and programmes. 

Human Rights and Responsibilities
The Human Rights approach to development means empowering people to take their own decisions, rather than being the passive objects of choices made on their behalf.  Respect for human rights allows the individual and the community to fully develop.

“Empowering people to take their own decisions” in Fiji will mean overcoming the “culture of silence” so that critical issues can be addressed openly and with trust so that lasting solutions are agreed, through dialogue and consensus. All key institutions such as religious groups, schools, and community and civil society organizations, should play a catalytic role in fostering openness and trust for one another. Sensitive issues, such as land use, national identity, racial discrimination, restructure of the Fijian Administration, and the advocacy against HIV and AIDS among others, can then be better addressed.

The recognition of human rights has its roots in the struggle for freedom and equality everywhere in the world. Human rights are not bought, earned or inherited, they belong to people simply because they are human - human rights are 'inherent' to each individual.  Human rights are the same for all human beings regardless of race, sex, religion, political or other opinion, national or social origin. We are all born free and equal in dignity and rights - human rights are 'universal'.

Whilst respect for human rights is a pre-requisite for building a prosperous, progressive, just and peaceful nation, human rights must be accompanied by individual and collective responsibility.

Of particular concern in the area of human rights is the widespread discrimination against women (including domestic violence), the elderly, people with disabilities and marginalised minorities.

Women tend to face a higher risk of poverty and destitution due to labour force discrimination, as well as increased divorce and separation rates and the related problems in collecting maintenance payments from ex-spouses.  This reality is reflected in the fact that women constitute the majority of beneficiaries under the Social Welfare Department’s Family Assistance Scheme. 

Further, few women own land because of the inheritance practices which usually exclude women from inheriting land or other fixed assets.

TASKS

Poverty

2.   Assess the operation and performance of the poverty reduction initiatives, including, Poverty Eradication Unit, particularly on its key function of developing an Integrated National Poverty Eradication programme.

Social Justice

3.   Review the effectiveness and fairness of social justice programmes such as the affirmative action programme, and make recommendations, as considered appropriate, to amend or revise any aspects of these programmes;
4.   Review program 7 of the Schedule to the Social Justice Act under which Government Ministries and Departments are required to reserve at least 50 percent of Government contracts, licenses, permits and shares to indigenous Fijians and Rotumans.

Human Rights and Responsibilities

1. Review the effectiveness of current human rights legislation in preserving and promoting human rights in Fiji, with special emphasis on the human rights of women, discrimination against persons with disabilities, and ethnic minorities, and making recommendations to strengthen the legislation if this is considered to be necessary;

6.   Assess ways in which Fiji can promote a culture of human rights both within the public sector and among the public at large. This might include improving human rights education programmes and strengthening national human rights institutions, including the Human Rights Commission. (Note: Issues relating to the strengthening of the Human Rights Commission are to be discussed in Working Group 2.); and
7.   Assess the role of civil society organizations in promoting human rights and responsibilities.

COMPOSITION

The working group is to comprise up to 20 members: of whom at least four are NCBBF members plus up to 16 others from government and non-government sectors. At least 10 of the 16 additional members are from the non government sector.  The Working Group would have the power to co-opt additional members as it sees fit.

TIMEFRAME

It is anticipated that the WG will be established and operational within a fortnight.

In consultation with the Head of TASS, the Working Group may request the preparation of literature reviews and commission Issues and Discussion Papers (IDPs) to assist in its deliberations.

The WG shall report back to NTTs at the latest by mid March 08 with its report(s) and recommendations forwarded for the preparation of the State of Nation & Economy (SNE) report.

LITERATURE SURVEY

Poverty

The last comprehensive report on poverty in Fiji was compiled in 1996 utilizing the 1990-91 Household Income and Expenditure Survey. With the support of the Asian Development Bank, a qualitative assessment of poverty was conducted in 2003. The most recent information on poverty is the 2002/2003 Household Income and Expenditure Survey released in 2004. 

References

Asian Development Bank, 2003, Participatory Assessment of Poverty in Fiji.

World Bank, 2003, Fiji Microfinance Policy Review, World Bank.

Kinivuwai, L, 2003, “Developing Micro Finance in Fiji: Challenges and Success”, National Center for Small and Micro Enterprise Development.

National Planning Office, 2004, Millennium Development Goals, Fiji National Report, Ministry of Finance & National Planning, Suva, Fiji.

Dr. Wadan Narsey, 2006, Report on the 2002-03 Household Income Expenditure Survey, Fiji Islands Bureau of Statistics, Suva, Fiji.

Social Justice

Social Justice programmes are implemented under the Social Justice Act. A review of the implementation of these programmes was conducted in 2005 by the Prime Ministers Office. The Interim Government will conduct a review of the Social Justice programmes. It is intended the Working Group will deliberate on the report and make appropriate recommendations to the NCBBF.

References
Constitution of the Republic of Fiji Islands, 1998, Chapter 5: Social Justice

Yash Ghai, 2000, A report to the Government of Fiji Islands on the National Plan for Affirmative Action under Chapter 5 of the Constitution, Suva, Fiji.

Social Justice (Act No 5 of 2001), 2001, An Act to Implement the Social Justice Provisions of the Constitution by establishing programmes of affirmative action and for related matters.

Social Justice (Act No 5 of 2001), 2002, Social Justice Regulations 2002

Fiji Islands Government Gazette Supplement No 8, 2005, Social Justice Amendments Regulations.

Prime Ministers  Office, 2006, Report on the Implementation of Affirmative Action Programmes Under Social Justice Act 2001.

Human Rights

Human rights are protected under the Constitution (Bill of Rights) and the Human Rights Commission Act. The Fiji Human Rights Commission is required to play a leading role in the promotion and protection of human rights, and to build and strengthen a human rights culture in the Fiji Islands.

In June 2006, the Fiji Human Rights Commission compiled a report on Government’s Affirmative Action Programee, 2020 Plan; and the Blue Print for Indigenous Fijians and Rotumans.

References
Fiji Human Rights Commission, 2005 Annual Report.
 
Fiji Human Rights Commission, 2006, Government’s Affirmative Action Programee, 2020 Plan; and the Blue Print for Indigenous Fijians and Rotumans, Fiji Human Rights Commission, Suva.

Shameem, Shaista; 2007; Good Governance and Human Rights: Key Challenges for the Fiji Human Rights Commission; Fiji Human Rights Commission; Fiji.

United Nations, 1999, “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms”, UN General Assembly resolution 53/144, 8 March 1999.