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Press Release - September 29, 2002
Race Relations Follow-Up Seminar
Concluding Resolutions and Recommendations
1. Participants expressed their warmest appreciation to the Fiji Human Rights Commission for holding this Seminar (the follow-up to the August 2001 seminar on “Reconstructing Race Relations: Fiji in the New Millennium”).
2. The Seminar welcomed the participation of representatives from the Office of the High Commissioner for Human Rights, the Governments of Australia, New Zealand and Fiji, and participants from a widely representative cross-section of Fiji society.
3. Participants expressed deep appreciation to the Office of the United Nations High Commissioner for Human Rights for financially supporting and participating in the workshop through the presence of the High Commissioner's Special Adviser on National Institutions and Regional Arrangements.
Attendance at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
4. The Seminar appreciated the attendance of the high-level Fiji Government delegation, the Fiji Human Rights Commission, and Fiji Non-Governmental Organisation representatives at the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban, South Africa, 31 August-8 September 2001.
Human Rights Standards
5. The Seminar affirmed the importance for Fiji of international human rights standards, particularly those enshrined in the International Covenant on Economic, Social and Cultural Rights, the Convention of the Elimination of Discrimination Against Women, the Convention of the Rights of the Child, the 1977 Additional Protocols 1 and 2 to the Geneva Convention, and the Convention on the Elimination of All Forms of Racial Discrimination, and once again urged the Government to ratify, without reservation, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights and all other relevant international instruments at the earliest opportunity.
6. Participants again affirmed those rights set out in the Bill of Rights in the 1997 Constitution, particularly the concept of equality contained in Section 38 of the Constitution. Participants affirmed the importance of indigenous rights and of the necessity of raising public awareness of these rights, noting that these rights should not be misconstrued in order to foster prejudice, racial discrimination and injustice.
7. The Seminar appreciated the Fiji Government’s recent presentation of a Report on the Convention of the Elimination of All Forms of Racial Discrimination and urged it to ensure the final report is presented at the next session of CERD. The Seminar notes that like many Member States of the United Nations, other reports from Fiji to international treaty bodies are overdue. The Seminar urged the Government to fulfil all its reporting obligations under those international human rights conventions that Fiji has ratified in consultation with a committee that includes both State and civil society representatives. If necessary, the Government should avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the United Nations High Commissioner for Human Rights. The Fiji Human Rights Commission and NGOs should continue to actively participate in and if necessary monitor the Government's reporting obligations.
8. The Seminar appreciated the contribution of the NGOs shadow reports to the CERD Committee and urged in future that Governments and NGOs should work in cooperation on reporting obligations to international treaty bodies.
9. Participants again called on the Government to ensure the international standards relating to the Elimination of all forms of Racial Discrimination are effectively implemented through legislation and administrative policies and practices, as well as by other appropriate means. Noting that Fiji, in the early years of its independence, entered reservations to Article 5 (c ) of the Convention on the Elimination of All Forms of racial Discrimination on political rights, Article 5 (d)(v) on the right to own property and Articles 2,3, and 5(e) with regard to the right to an education, the Seminar continued to encourage the incoming Government to review these reservations at the earliest opportunity.
10. Participants affirmed that cultural diversity is a cherished asset for the advancement and welfare of humanity at large and should be valued, enjoyed, genuinely accepted and embraced as a permanent feature which enriches our societies.
11. Participants acknowledged that the peoples of Fiji deserved recognition of their aspirations to justice, to equality of opportunity for all and everyone, to the enjoyment of their human rights, including the right to development, to live in peace and freedom and to equal participation without discrimination in economic, social, cultural, civil and political life.
12. Participants recognised that the equal participation of all individuals and peoples in Fiji in the formation of just, equitable, democratic and inclusive societies can contribute to a country free from racism, racial discrimination, xenophobia and related intolerance.
13. The Seminar recognised that a major cause of discord in a multi-cultural society is actual or perceived economic disparities, and called on Government to develop programmes and policies to bridge such disparities. The Seminar noted that the social justice constitutional provision provides for affirmative action for all groups or categories of persons who are disadvantaged, including the specific needs and interests of indigenous Fijians. The Seminar called on the Government to adequately monitor all its affirmative action programmes.
14. Participants noted with concern the continued and violent occurrence internationally of racism, racial discrimination, xenophobia and related intolerance, and that theories of inferiority or superiority of certain races and cultures promoted and practised during the colonial era, continue to be propounded in one form or another even today.
15. Participants noted with concern the emergence everywhere and continued occurrence of racism, racial discrimination, xenophobia and related intolerance in their more subtle and contemporary forms and manifestations, as well as by other ideologies and practices based on racial or ethnic discrimination or superiority or inferiority.
16. Participants strongly rejected any doctrine of racial superiority or inferiority along with theories which attempt to determine the existence of so-called distinct human races.
17. Participants reaffirmed that the Government has the duty to protect and promote the human rights and fundamental freedoms of all victims, and that it should apply a gender perspective, recognising the multiple forms of discrimination which women can face, and that the enjoyment of their civil, political, economic, social and cultural rights is essential for the development of societies throughout the world.
18. Participants reaffirmed the principles of equal rights and self-determination of peoples and recalling that all individuals are born equal in dignity and rights, stressing that such equality must be protected as a matter of the highest priority and recognising the duty of the Government to take prompt, decisive and appropriate measures with a view to eliminating all forms of racism, racial discrimination, xenophobia and related intolerance.
19. Participants condemned political platforms and organisations based on racism, xenophobia or doctrines of racial superiority and related discrimination, xenophobia and related intolerance, as incompatible with democracy and transparent and accountable governance. Participants reaffirmed that racism, racial discrimination, xenophobia and related intolerance condoned by any policy, whether governmental or non-governmental, violates human rights and may endanger friendly relations between peoples, and peace and security.
20. The Seminar noted that article 4, paragraph b of the International Convention on the Elimination of All Forms of Racial Discrimination places an obligation upon States to be vigilant and to proceed against organisations that disseminate ideas based on racial superiority or hatred, acts of violence or incitement to such acts. These organisations shall be condemned and discouraged.
Policy Initiatives
21. Participants reaffirmed the vision of the 1997 Constitution as expressed in its Preamble.
22. Participants reaffirmed the 1997 Constitution as a “living document” that forms the basis for partnership between all peoples in Fiji and partnership among all communities in Fiji society.
23. Participants encouraged all organisations represented at the Seminar to take responsibility for promoting and disseminating the 1997 Constitution to assist all peoples in Fiji to know and understand the document.
24. Participants also reaffirmed the importance of building an environment in which the cultures of all communities in Fiji, including the culture of indigenous Fijians, flourishes. Participants reaffirmed the importance of building an environment in which there is respect for the rule of law and noted that the rule of law and constitutionality is not inconsistent with any of these cultures. The Seminar urged the Disciplined Services to recognise their duties to all in Fiji in carrying out their security responsibilities. The Seminar also urged the incoming Government to guarantee the independence of the judiciary and other constitutional bodies, including the Ombudsman, the Disciplined Forces, the Fiji Human Rights Commission and the Office of the Director of Public Prosecutions.
25. Participants acknowledged the innovations and steps taken so far by the Government to provide initiatives in the process of reconstructing race relations in Fiji, nation building and developing multiculturalism.
26. Participants recommend that the Government should support the proposed establishment of a Race Relations Unit in the Fiji Human Rights Commission with a mandate to develop a pro-active race relations strategy for Fiji, and to provide independent policy advice, from a human rights perspective, to the Government and Parliament to better promote improved race relations. The Fiji Human Rights Commission should be adequately staffed and resourced to carry out all its functions effectively and efficiently.
27. The Seminar urged the Government to give due consideration to the observations and recommendations of the Committee on the Elimination of Racial Discrimination and consider setting up appropriate national monitoring and evaluation mechanisms to ensure that all appropriate steps are taken to follow up on these observations and recommendations.
28. The Seminar repeated a call for a review of the use of racial classifications in official forms with a view to eliminating such classifications where they are irrelevant or inappropriate for the purposes of the form.
29. The Seminar reiterated its encouragement of all political parties and other groups to recognise their responsibility to foster constructive race relations and to avoid statements and actions that might inflame conflict.
30. The Seminar further urged that Parliamentarians and members or the Senate refrain from using the upper and lower House as a vehicle to voice statements that vilify communities on the basis of race and religion.
31. Participants also urged the Government to ensure that public incitement of racism and racial hatred, including in publications, in accordance with Section 30 of the Constitution, is prohibited.
32. The Seminar called on the Government and Parliament to establish mechanisms to facilitate open and frank discussions on the events of 1987 and 2000, with a view to addressing the underlying concerns of all groups so that reconciliation can proceed. The Seminar recognised the efforts of the Ministry of National Reconciliation in attempting to bring about reconciliation among the people of Fiji after the events of 2000.
33. Participants repeated their support for churches and religious institutions in the process of encouraging respect and tolerance for one another and reconstructing race relations because of the important role churches and religious institutions play in all aspects of Fiji society; but expressed concern about this leading to continuing involvement in racial politics; and further called on church and religious institutions to ensure equal access and participation by women and youth in these processes.
34. The Seminar recognised that improved race relations will occur only after meaningful reconciliation involving a full and free discussion of all relevant issues in Fiji.
35. The Seminar recognised that any process of reconciliation must include young and old, and representatives of all disadvantaged groups, including migrant groups such as Chinese workers who have recently arrived in Fiji.
36. The Seminar repeated its call on the Government, in recognition that a major cause of discord in a multicultural society is actual or perceived economic disparities, to develop programmes and policies to bridge such disparities.
37. The Seminar reinforced a call on the Government to initiate a review of the ethnic and gender composition of the Public Service at all levels, including the Disciplined Services and educational institutions, with a view to eradicating disparities, within a defined timeframe; and to encourage work places free of discrimination in the private sector and non-governmental organisations.
38. The Seminar reaffirmed the essential role of women in Fiji, not only in the process of conflict prevention, early intervention including dialogue, reconciliation and reconstructing race relations and continued to urge that women be represented at all levels of the process, including design, implementation and evaluation of policies and measures which affect their lives, including any national human rights action plan.
39. The Seminar again noted the necessity of an enabling environment for non-state actors, which includes the private sector, to participate in the process of reconstructing race relations and continued to urge the reform of out-moded legislation that inhibits the activities and programmes of non-governmental organisations.
40. The Seminar also noted again the importance in the process of reconciliation of the provision of remedies by the State for the victims of racism and racial discrimination, including reparation to individuals and institutions in different forms such as restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
41. In view of Fiji's colonial past, the Seminar again urged relevant corporations and governments to support the process of reparations, reconciliation and reconstructing race relations in Fiji.
Educational Initiatives
42. The Seminar acknowledged and appreciated the efforts of the Ministry of Education, in facilitating and supporting an integrated curriculum that will:
· Foster racial and social tolerance;
· Ensure that students are widely exposed to different cultures and actively involved in dialogue and workshop and other activities that can enhance better reconstruction of race relations;
· Ensure that moral, spiritual and human rights values, race relations, components on constitutionality and the rule of law are included in all courses at pre-school, primary, secondary and tertiary level and in community education;
· Promote good governance and education to facilitate sound leadership skills and respect for human rights;
· Promote training of teachers in vernacular languages and make provision for their employment in all schools. Government support for education should include scholarships and training opportunities for research into indigenous, cultural, gender, good governance and ethnic issues in Fiji.
· Ensure that teachers are widely exposed to different cultures and actively involved in dialogue and activities that can enhance better race relations.
43. The Seminar again recommended the development of a language policy for Fiji, to reinforce the Constitutional right of every person to interact with the State in English, Fijian or Hindustani or other relevant languages.
44. The Seminar recognised the initiative of government departments, including the military forces and the police, in consultation with the Fiji Human Rights Commission, to establish educational programmes to encourage cross-cultural understanding and respect for human rights.
45. The Seminar recognised that education at all levels and all ages, including within the family and the community, in particular human rights education, is a key to changing attitudes and behaviour based on racism, racial discrimination, xenophobia and related intolerance and to promoting tolerance and respect for diversity in societies; we further affirm that such education is a determining factor; the promotion, dissemination and protection of the democratic values of equality, which are essential to prevent and combat the spread of racism, racial discrimination, xenophobia and related in tolerance.
46. The Seminar recognised the crucial role of all media including community media in fostering race relations and urged the development and reinforcement of race relations training programmes for media practitioners and management. Media organisations should strengthen existing codes of conduct and organisational policies including those for advertisements, prohibiting stereotyping and unfair discrimination. The Seminar encouraged the retention of vernacular newspapers especially where government is a stakeholder, even where these may not always be immediately commercially viable. The Seminar expressed its appreciation to the Fiji Human Rights Commission for initiatives in race relations programmes for media representatives, and reiterated its call for further development and reinforcement of race relations training programmes for media practitioners and management.
47. Participants again recommended the organisation of workshops on cross-cultural and political issues at all levels in society to understand the effects of colonisation. The Seminar encouraged the Fiji Human Rights Commission, to the extent of its resources, to:
· Further develop information, communication and advocacy campaigns in close consultation with relevant state and non-state actors in order to contribute towards the development of a culture of peace, tolerance and respect for human rights as the basis of reconstructing race relations in Fiji;
· Continue to convene forums and seminars to bring together key stakeholders in Fiji society (particularly political leaders, State institutions, non-state actors including women’s NGOs, and youth groups) to continue dialogue and to develop tangible activities (including a National Human Rights Action Plan for Fiji) to promote human rights and improve race relations;
· Ensure full equitable participation and representation by women and youth at all levels of dialogue, discussion and decision-making;
· Establish an effective mechanism for providing regular human rights monitoring reports.
Practical Initiatives
48. In view of the particular challenges confronting Fiji, the Seminar requested the High Commissioner for Human Rights and other relevant United Nations Agencies to provide a programme of technical assistance to support the Fiji Human Rights Commission and governmental and non-governmental organisations in their implementation of the Durban Declaration and Programme of Action.
49. The Seminar, having examined the full extent of the Durban Declaration and Programme of Action, urged the Fiji Government to adopt these documents as a National Policy.
50. The Seminar adopted the Durban Declaration and Programme of Action, especially those paragraphs of particular relevance to the eradication of racism, racial discrimination, xenophobia and related in tolerance in Fiji.
51. The Seminar recognised that in order to effectively combat racism and related intolerance, political will of the Government is indispensable and that government has the primary responsibility to adopt and rigorously implement adequate criminal, civil and administrative measures to condemn racist acts, prohibit discrimination and provide victims with effective recourses. The Seminar also recognised the vital importance of national institutions and other relevant specialised institutions in combating racism, racial discrimination, xenophobia and related intolerance.
52. The Seminar urged Government to adopt effective measures to combat criminal acts motivated by racism, racial discrimination, xenophobia and related intolerance, to take measures so that such motivations are considered an aggravating factor for the purposes of sentencing, to prevent these crimes from going unpunished and to ensure the rule of law.
53. The Seminar recognised that racial abuse and vilification aggravates social tension, increases the risk of conflict and compromises sustainable development. The meeting therefore states that racial abuse and vilification by the holder of any public office is an abuse of that office. It calls on Fiji’s leaders or anyone else to avoid, completely and always, the making of any such statements.
54. The Seminar urged the Government to ensure that effective remedies are made available – whether by national human rights institutions, the judiciary or other parts of the system for the administration of justice – in every case where discrimination, harassment, violence, incitement to hatred or other hate speech based on race or related forms of intolerance is established to have occurred. Criminal penalties should also attach to offences of racist violence and incitement to racial hatred.
55. The Seminar recommended, that where appropriate, effective alternative dispute resolution mechanisms in seeking remedies for racial and other forms of discrimination are established by Government to ensure that legal and any other type of assistance required is provided to victims of racism, racial discrimination, xenophobia and related intolerance.
56. The Seminar urged all participants at this Follow-up meeting to disseminate the resolutions of this meeting, and the Durban Declaration and Programme of Action, as widely as possible in Fiji and the region.