The Education Commission has delivered a sharp rebuke of penalties in the draft Education Bill, warning that criminalising parents over their children's school absence would be unfair, counterproductive and could further strain Fiji’s prison system. Commission chair Professor Vijay Naidu told the Parliamentary Standing Committee on Justice, Law and Human Rights that fines of $2,000 or imprisonment for up to one year — measures proposed in the bill — risk ignoring the complex reasons children miss school and should not be imposed without prior inquiry.
The criticism came after committee chair Ratu Rakuita Vakalalabure asked the commission whether it supported criminal sanctions for parental non‑attendance. Professor Naidu said the commission does not, arguing that enforcement must begin with an investigation into the causes of prolonged absenteeism and meaningful engagement with families. “We, in our discussions, are suggesting that there should be some investigation made on why there is prolonged absenteeism and the steps should be taken ahead of this criminalisation process,” he told MPs, adding that many penalty provisions in the bill are inconsistent and do not reflect the varying severity of offences.
A central concern for the commission is Clause 10 of the bill, which currently compels students to attend school full‑time. Professor Naidu warned that the clause leaves no room for part‑time study or work‑based training and forces youth to choose between academic schooling and practical learning pathways. The commission has recommended introducing approved programs that combine classroom learning with apprenticeships or vocational placements and lead to recognised qualifications, to accommodate learners who need flexible study arrangements.
Beyond penalties and attendance rules, the commission flagged a broader policy gap: there is no legal framework or system to track students who drop out and to facilitate their return. Professor Naidu highlighted that teen mothers, working children and expelled students currently lack a clear legal or administrative pathway back into education. To address this, the commission urged government to establish mechanisms to monitor dropout rates, require schools to report pupils who stop attending and create flexible re‑entry options tailored to vulnerable groups.
Professor Naidu also urged graduated, non‑punitive responses before moving to prosecution, recommending warnings, counselling and active engagement by school authorities and social services to understand family circumstances. He emphasised that family situations vary widely and that immediate punishment could unfairly penalise households facing poverty, caregiving burdens or work obligations, and ultimately fail to improve long‑term attendance.
The commission’s findings are the latest development in parliamentary scrutiny of the Education Bill and put pressure on lawmakers to reconsider hardline enforcement measures. Its recommendations — ranging from investigatory steps before sanctions to formal pathways for part‑time and vocational study and systems for tracking and reintegrating dropouts — signal potential amendments that could soften criminal penalties and prioritise supportive interventions over prosecutions as the bill moves through committee stages.
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