Committee on the Elimination of Racial Discrimination

Eighty-first session

6–31 August 2012

Implementation of the International Convention on the Elimination of All Forms of Racial Discrimination

List of themes to be taken up in connection with the consideration of the eighteenth to twentieth periodic reports of Fiji (CERD/C/FJI/18-20)*

The following is a list of themes identified by the Country Rapporteur in connection with the consideration of the eighteenth to twentieth periodic reports of Fiji. The list is meant to guide the dialogue between the State party delegation and the Committee and does not require written replies. This is not an exhaustive list as other issues will be raised in the course of the dialogue.

1.The Convention in domestic law, institutional and policy framework for its implementation, judicial recourse and compensation (arts. 2–7):

(a)Progress made towards the adoption of the new Constitution, in particular measures taken to ensure the participation of all Fijians to the current constitutional consultation process; progress made on the electoral reforms, especially the anti-discrimination measures envisaged to guarantee access for all Fijians to the current voter registration process (CERD/C/FJI/18-20, paras. 18, 19, 56 and 57);

(b)Information on the composition of and resources allocated to the Fiji Human Rights Commission and measures taken to ensure that the Commission complies with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles); updated information about the Commission’s work in the field of racial discrimination (CERD/C/FJI/CO/17, para. 11; CERD/C/FJI/18-20, paras. 35–38);

(c)Measures taken or envisaged to adopt a comprehensive law on the elimination of all forms of racial discrimination (CERD/C/FJI/CO/17, para. 15; CERD/C/FJI/18-20, annex 1);

(d)Detailed information on decisions taken by national courts for acts of racial discrimination, including judicial recourse and compensation provided to victims (CERD/C/FJI/CO/17, para. 14);

(e)Additional information on the effectiveness of measures taken to uphold the principle of non-discrimination in access to education, such as the changing of names of schools that bore racial connotations and the introduction of compulsory education of iTaukei and Hindi languages (CERD/C/FJI/CO/17, para. 19; CERD/C/FJI/18-20, paras. 78 and 79);

(f)Updated information on efforts to promote mixed schools and other measures taken to promote diversity, tolerance and intercultural education (CERD/C/FJI/CO/17, para. 19).

2.Situation of minorities (art. 5):

(a)Additional measures taken or envisaged to improve the access of ethnic communities still underrepresented, including Indo-Fijians, to public administration, in particular the military and police forces (CERD/C/FJI/CO/17, para. 18; CERD/C/FJI/18-20, paras. 28–31);

(b)Updated information on the effectiveness of measures taken, in particular the Land Use Decree of 2010, in terms of access to land for Indo-Fijians and less numerous minorities, and their application in law and in practice (CERD/C/FJI/CO/17, para. 22; CERD/C/FJI/18-20, paras. 47–51);

(c) Additional measures taken to combat racial discrimination against persons belonging to less numerous minority groups.