A/HRC/43/8
10.
Fiji had embarked on democratizing the digital space and bridging the digital divide.
It also remained committed to working with its tripartite partners to ensure that employment
laws were in accordance with International Labour Organization (ILO) conventions.
11.
The Constitution guaranteed the independence and impartiality of judges, and of the
independence of the institution of the judiciary. The Judicial Department was working to
improve court facilities to increase accessibility, including for persons with disabilities. The
Judicial Department was determined to reduce the delay in the delivery of decisions and
judgments and to introduce case management at all levels of the courts.
12.
Judges and magistrates were trained on issues related to gender competence and
children appearing in court. The judiciary had used treaty body recommendations and
general comments to interpret specific sections of the Bill of Rights, resulting in a body of
jurisprudence explaining particular rights, in a manner consistent with international human
rights law.
13.
The police were responsible for the investigation of criminal matters but the decision
whether to prosecute resided with the Director of Public Prosecutions. That often meant
that the wishes of the victim were overridden when it appeared that traditional means of
reconciliation and forgiveness were being used to justify a request to withdraw a charge and
terminate the prosecution. Assault in a domestic context was not a reconcilable offence. In
situations in which an offence involved a child victim, processes were immediately put into
place to ensure that the child was supported throughout the criminal justice system.
14.
Fiji recognized that there was a need for a more concerted effort to encourage all
members of the community to feel more comfortable in reporting gender-based violence,
including those from the lesbian, gay, bisexual and transgender community. There was also
an increase in incidents of hate speech targeting vulnerable minority groups.
15.
No charge of sedition was laid lightly or before a thorough analysis of the evidence.
Moreover, there were no political prosecutions in Fiji and with respect to prosecution, it
was the crime that was targeted not the individual or organization.
16.
Following the ratification of the International Covenant on Civil and Political
Rights, the Fiji Police force had endorsed its use of force policy and assigned a dedicated
human rights cell under the Directorate of Internal Affairs to independently investigate and
report on complaints against police officers for breaches of human rights. In line with the
ratification by Fiji of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, it had established the First Hour Procedure. It also
had a stringent institutional policy on no reconciliation in cases of gender-based violence,
domestic violence and sexual offences.
17.
Fiji acknowledged the high reported incidence of sexual and gender-based violence.
It would move towards a coordinated effort to establish a national prevention action plan,
aimed at reducing tolerance and acceptance of violence, changing attitudes, behaviours and
social norms and increasing understanding of the drivers of violence against women and
girls.
18.
In order to address the issues of gender inequality and the empowerment of women,
the Government would focus on women’s economic empowerment, the elimination of
violence against women, gender and climate change, and women in leadership.
19.
The Legal Aid Commission had been founded on the principles of equality and
access to justice. The Constitution guaranteed its operational, administrative, and financial
independence and required that Parliament adequately fund the Commission. It used an
inclusive and holistic approach by working with, inter alia, the poor and marginalized,
women and children in vulnerable situations, persons with disabilities, persons with special
needs, and the lesbian, gay, bisexual and transgender community. As the largest provider of
free legal services in Fiji, it had opened branches in rural, remote and maritime areas.
20.
The Commission carried out regular and rostered prison visits and had taken up the
cases of prisoners who had alleged ill-treatment and torture and had referred their
complaints to the relevant authorities when necessary. Its greatest achievement had been the
implementation of the First Hour Procedure, which involved providing legal advice to a
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