Materials :
Country Papers :
Country Paper: Fiji
Setareki S Macanawai
Executive Director
Fiji National Council for Disabled Persons
1. General Overview of Disability-specific legislation in Fiji.
Listed below are existing disability-related legislation and policies
currently available in Fiji:
- Mental Treatment Act, 1978 covering issues like admission of patients,
special powers and duties of visitors, discharge/death/escape of patients,
etc.
- 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.
- Cabinet in its sitting on 21 September 2004 approved the ratification
of the International Labour Organization (ILO) Convention 159, Vocational
Rehabilitation and Employment (Disabled Persons) 1983. The Ministry of
Foreign Affairs and External Trade has facilitated registration with ILO
Office in Geneva on 1 December 2004.
- Public Health Act. Public Health (National Building Code) Regulations
2004. Part ND3 Access for People with Disabilities.
Even with the existence of the above pieces of legislation and policies
in Fiji, there is still an absence of a specific, clear and comprehensive
disability policy per se. This policy is now being pursued by the Fiji
National Council for Disabled Persons in consultation with the Fiji Law
Reform Commission and the Ministry of Justice.
2. Current level of implementation of BMF in Fiji.
Through the Fiji National Council for Disabled Persons, Fiji developed
its Action Plan in October 2004 on the implementation of the goals, targets
and strategies of BMF. Relevant stakeholders in the disability sector were
invited to a specific workshop to undertake this task under the ambit of
FNCDP as the statutory body established by Government to coordinate
disability-related activities in Fiji. In turn, FNCDP has incorporated the
BMF Action Plan into its 2005 Corporate Plan as well as 2004-2007 Strategic
Plan. From the NGO sector, the national disabled persons organization, Fiji
Disabled People’s Association has also been active in the promotion of BMF
through publications and consultatioins.
3. Views on why international convention on disability is needed.
From our country’s perspective as a small developing island state where
disability is still an emerging issue, the existence of a comprehensive and
relevant international disability convention will educate Government,
private and community sectors on proper treatement, better care and greater
recognition of disabled persons, and how they can be supported to live
productive lives, and become contributing members of society. Also, in
countries like Fiji where there is really no clear, specific and inclusive
legislation to protect and promote the rights and dignity of disabled
persons, this proposed international convention when it is adopted and
ratified by countries in similar situations as us will equip disability
advocates with an international tool to utilize as leverage in addressing,
advocating and advancing disability-related concerns locally.
4. Views and input into the following components of the proposed
Convention:
- Preamble. To be clear, specific, compact and understandable so as to
be user-friendly.
- Objectives. To be concise clearly stating purpose, impact and
responsibilities.
- Scope/Definition. Definition of disability to be simple and inclusive
as far as possible in terms of coverage of all types of disabilities.
- States Parties Obligations. Since states are at different levels of
development, economies and governance, the obligations to different parts
of the convention to be considered relative to states capacities. However,
where uniform compliance is mandatory as necessitated by certain parts of
the convention, states should be urged to pay close attention to such
provisions.
- Guarantee of Equality and Non-discrimination. This must be an
underlying principle that runs through the different parts of the
convention.
- Guarantee of Specific Rights. These must be clearly spellt out with
relevant justification clauses.
- Monitoring/Review/Remedial Mechanisms. Responsibilities of appropriate
parties in these processes should be clearly defined to facilitate
compliance.
- Miscellaneous Provisions.
5. Views and inputs on process towards elaborating a proposed
convention.
As far as I am concerned, the UNESCAP regional activities on the proposed
international disability convention held in recent years have been the only
effective, inclusive and participatory mechanisms whereby small and
developing countries from within the Asia/Pacific Region have participated
in. Unfortunately, the Ad Hoc Sessions held in New York are attended by
those countries which can meet the necessary expenses, or those bigger and
more powerful developing countries which are sponsored from some source.
Therefore, I strongly support the convening of such regional workshops
relating to the proposed international disability convention by UNESCAP in
the future as they provide the only opportunity for maximum participation,
wider representation and active involvement of many countries which
otherwise cannot make it to New York.
Setareki S Macanawai
Executive Director
Fiji National Council for Disabled Persons
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