RACE RELATIONS IN FIJI


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Race Relations Resolutions 2001

FIJI HUMAN RIGHTS COMMISSION

Reconstructing Race Relations: Fiji in the New Millennium

August 1-3, 2001 Forum Secretariat, Suva , Fiji

Concluding Resolutions and Recommendations

Participants expressed their warmest appreciation to the Fiji Human Rights Commission for its initiative in holding this Seminar (the first of its kind since the events of May 19, 2000 ) as a start to the process of reconstructing race relations in Fiji (Participants noted that the term "race" was a problematic, historically flawed concept and was used in these resolutions with reservation).
The Seminar welcomed the participation of representatives from the Office of the High Commissioner for Human Rights, the Governments of Australia, New Zealand , the United Kingdom and Fiji and a broad and deep cross-section of all sectors of Fiji society.
Participants expressed their 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

The Seminar urged the Fiji Government, and, to the extent of their resources, the Fiji Human Rights Commission and Fiji Non-Governmental Organisations to attend the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban.

Human Rights Standards

The Seminar affirmed the importance for Fiji of international human rights standards, particularly those enshrined in the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of Racial Discrimination, and encouraged the incoming Government to ratify, without reservation, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights at the earliest opportunity.
Participants affirmed those rights set out in the Bill of Rights in the 1997 Constitution, and particularly the concept of equality contained in Section 38 of the Constitution. Participants affirmed the importance of indigenous rights and the necessity of raising public awareness of these rights in relation to human rights, noting that these rights should not be misconstrued in order to foster prejudice, racial discrimination and injustice.
Observing that, like many other Member States of the United Nations, Fiji 's reports to the international treaty bodies are overdue, the Seminar urged the Government to fulfil 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 actively monitor the government's reporting performance.
Participants called on the incoming Government to ensure that 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 encouraged the incoming Government to review these reservations at the earliest opportunity.

Policy Initiatives

Participants affirmed the 1997 Constitution as a "living document" which forms the basis for partnership between all peoples in peoples in Fiji and partnership among all communities in Fiji society.
Participants also affirmed the importance of building an environment in which the cultures of all communities in Fiji , including the culture of indigenous Fijians, flourishes. Participants also affirmed 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.
Participants requested the incoming Government to provide leadership in the process of reconstructing race relations in Fiji , nation-building nation building and developing multiculturalism. In particular, the Government should continue to support 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.
The Seminar urged 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.
The Seminar urged the incoming Government and Parliament to establish an appropriate mechanism 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 noted 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.
The Seminar called on the incoming 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. In particular, it should introduce, and the new Parliament is urged to pass, in accordance with the Constitution, a Social Justice Act to provide for affirmative action for all groups or categories of persons who are disadvantaged, including the specific needs and interests of indigenous Fijians. All affirmative action programmes should be adequately monitored.
Participants urged the incoming Government to legislate to prohibit the public incitement of racism and racial hatred, including in publications, in accordance with Section 30 of the Constitution.
The Seminar called on the incoming 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.
The Seminar urged 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.
The Seminar affirmed 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 further further urged that women be represented at all levels of the process, including the formulation of policy and any national human rights action plan.
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 .
The Seminar noted the important role played by the churches and religious groups in all aspects of Fiji society but expressed concern where this had led to involvement in racial politics. The Seminar urged the continued involvement of the churches and religious groups in the process of encouraging respect and tolerance for one another and reconstructing race relations.
The Seminar 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 urged the reform of out-moded legislation that can be used to limit the activities of such groups, such as the Charitable Trusts Act.
In view of Fiji 's colonial past, the Seminar urged relevant corporations and governments to support the process of reparations, reconciliation and reconstructing race relations in Fiji.

Educational Initiatives

The Seminar called on the Government, and particularly the Ministry of Education, to ensure that it provides an integrated curriculum which will:

Foster racial and social tolerance;
Ensure that students are widely exposed to different cultures;
Ensure that moral, spiritual and human rights values, race relations, components on constitutionality and the rule of law are included in all courses at primary, secondary and tertiary level and in community education;
Promote good governance , 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 .

The Seminar 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.
The Seminar encouraged 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.
The Seminar noted the crucial role of all 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 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.
Participants 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.

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 through the early stages of its development.

Resolutions for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance

Participants called on the World Conference to:

Identify appropriate follow-up strategies to implement programmes that address and eliminate racism, racial discrimination, xenophobia and related intolerance
Recognise the increasingly important role of independent Human Rights Commissions in preventing and combating racism and related intolerance;
Recognise the necessity for governments to ensure that independent human rights institutions are adequately resourced;
Acknowledge the important role played by non-governmental organisations in the fight for human rights and the elimination of racism and racial discrimination;
Recognise the importance of effective human rights programmes, including to combat racism and intolerance both within the formal education system and for the general public as well as the judiciary, parliamentarians, the bureaucracy, the military, the police and other groups with particular responsibilities relating to the promotion and protection of human rights;
Emphasise the need for each State to develop a National Human Rights Action Plan, in consultation with civil society and independent human rights commissions or similar bodies where these exist, and the necessity for such plans to incorporate specific benchmarks and commitments for governments in implementing policies and programmes to ensure racial equality and the elimination of racism and racial discrimination;
Call on all States which have not already done so to ratify the International Convention on the Elimination of All Forms of Racial Discrimination and on those States which have done so with reservations to remove those reservations as soon as possible;
Recognise the special condition of small island states in relation to resource limitation and assist them in fulfilling their international obligations in relation to human rights issues;
Recognise the increasing importance of improving race relations in the elimination of racism and related intolerance and call on the United Nations to provide assistance to States to promote better race relations;
Call on all States to facilitate the involvement of independent human rights commissions and NGOs in the preparation of reports to the international treaty bodies and the monitoring of follow-up to the findings and recommendations of these bodies;
Urge National Human Rights Institutions to work as closely as possible with the international treaty bodies and NGOs in formulating strategies to effectively address racism, racial discrimination, xenophobia and related intolerance;
Recognise the significant role of women in conflict resolution and the process of reconstructing race relations.
Recognise that promotion of indigenous rights is compatible with human rights.