Materials : Country Papers : FijiFiji Country
paper
1. GENERAL OVERVIEW OF DISABILITY-SPECIFIC LEGISLATION IN FIJI.
Although Fiji does not have a separate and specific disability legislation with related
policy provisions, it has however made significant progress particularly in the last
decade in terms of such provisions as described below:
- The Fiji National Council for Disabled Persons Act 1994 authorized the formation of a
national coordinating body known as the Fiji National Council for Disabled Persons (FNCDP)
to carry out a series of activities related to developing policies and coordinating
services on the care and rehabilitation of people with disabilities in Fiji.
- Within the 1997 Constitution of the Republic of the Fiji Islands, Chapter 4 entitled
Bill of Rights, the following provisions are included ...
- Section 38 (1) states that every person has a right to equality before the law,
- Section 38 (2) further prohibits people from unfairly discriminating, directly or
indirectly, against other persons on a number of grounds including disability,
- Section 38 (4) states that people with disabilities have right of access to all public
places,
- Section 38 (5) states that proprietors of public places must facilitate reasonable
access for people with disabilities.
- Section 39 stipulates that every person has the right to basic education and equal
access to educational institutions, including people with disabilities who cannot be
discriminated against on the basis of their disability and refused access or admission
accordingly to a place of education.
- Section 17 of the Fiji Human Rights Commission Act 1999, disability is a prohibited
ground for discrimination particularly in the fields of employment, applying for work,
providing approval for licenses or trade, calling or profession, the provision of housing,
land or other accommodation and access to and participation in education.
- The Public Service Commission (PsC) Equal Employment Opportunity (EEO) Policy of 2000
identifies persons with disabilities as one of the four EEO target groups and states that
all Fiji Islanders can apply for any vacant post within PSC regardless of race, gender,
marital status, disability, age or sexual orientation.
- The Social Justice Act 2001 implements the social justice provisions stated in Chapter 5
of the Fiji Constitution by establishing affirmative action programmes to assist
disadvantaged groups achieve equity of access. It prescribes two specific affirmative
action programs for persons with disabilities and identifies relevant Government
Ministries as implementing agencies. First, the Improvement of educational opportunities
for students with disabilities to be implemented by the Ministry of Education resulting in
the formulation of a Blueprint for Affirmative Action on Special Education. Secondly, the
Coordination of care and rehabilitation of persons with disabilities to be implemented by
the Ministry of Women, Social Welfare and Poverty Alleviation.
- Also, Fiji adopted the ESCAP Resolution 48/3 in July 1993, which proclaimed the Asian
and Pacific Decade of Disabled Persons, 1992-2002 and made significant progress in
implementing some targets prescribed in the Decade's Agenda for Action.
2. WHY WE NEED AN INTERNATIONAL CONVENTION ON DISABILITY
An international convention on disability is necessary to give persons with
disabilities throughout the world a legal framework and a binding instrument which they
and their respective governments can utilise to bring about a better quality of life,
equal treatment and a more level playing field for such persons in today's society.
Persons with disabilities for too long have been subjected to abject poverty,
discrimination, inadequate resources and unequal opportunities, cruelty and even hostility
while being marginalised, misunderstood, underrepresented and isolated. The human dignity,
worth and value of such persons are not acknowledged and protected which make them one of
the most poorest and vulnerable minority groups in the world today. Thus, this proposed
international convention is a necessity and great care must be taken by all parties
involved to ensure its responsiveness, effectiveness, coverage and benefit to its targeted
population.
3. INPUTS ON THE FOLLOWING COMPONENTS OF THE PROPOSED CONVENTION:
- PREAMBLE. The Bangkok Declaration is a good platform to initiate new discussions on this
matter as well as related materials from the recent 2nd Ad Hoc Committee meeting. Of
significant importance is the reference to the plight and situation of persons with
disabilities especially in developing countries, rural areas and war-torn nations.
- SCOPE/DEFINITIONS. The WHO ICF offers valuable insights on this issue which can be
subjected to long and unsolvable debates among specific disability groups. The WHO ICF
offers such groups good platform for discussion and reaching the desired consensus.
- STATES PARTIES' OBLIGATIONS. They must be encouraged to ratify this proposed Convention
and each state should collaborate with the national disability body including persons with
disabilities and their organizations to discuss national priorities, structure, scope and
methodology in implementing the Convention locally.
- GUARANTEES OF SPECIFIC RIGHTS. Whilst the protection and promotion of the rights of all
persons with disabilities are paramount in the proposed Convention, the specific needs of
each disability group may also warrant special recognition and treatment within this same
Convention to guarantee compliance and implementation. For example, voting for blind
persons where secret ballot is totally inappropriate unless specially designed and
modified ballot papers are provided. The communication needs of hearing impaired persons
too can be cited as another example.
- MONITORING/REVIEW MECHANISMS. Each state who have ratified this Convention after it has
come into force must submit annual reports to appropriate office at UN headquarters on
implementation, observance or violation of this Convention. It is ideal to have a joint
submission from the Government and relevant NGOs, and should this be impossible, then a
combined shadow report may also be submitted by the concerned disability agencies. It must
be emphasised that persons with disabilities and their organizations must be involved in
this process.
4. PROCESS TOWARDS ELABORATING A PROPOSED CONVENTION
It is very important that in this process, all relevant information is being
transferred down to the grassroots level preferably through the UN regional bodies and IDA
through their regional and subregional bodies too. Similarly, all UN member states must be
made aware of progress and developments in this elaboration process. The participation of
all member states and grassroots level disabled peoples organizations through various
workable, efficient and effective mechanisms must be pursued and encouraged. Only through
such wide consultation, communication and collaboration will provide the elaboration
process with the much-needed spectrum of information necessary for formulating a truly
comprehensive Convention.
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