The Committee on the Elimination of Discrimination against Women (CEDAW) has raised significant concerns regarding women’s rights in Fiji, particularly in areas related to marriage and family relations. According to recent findings, the committee identified prevalent issues such as child marriage, harmful customary practices, and inadequate support for women seeking divorce.
Despite a legal marriage age of 18 established by the Marriage Act, child marriage persists, primarily due to lax enforcement, minimal penalties for violations, and a common practice of delaying marriage registration until after the age of 18, often linked to unplanned pregnancies. Gender stereotypes continue to restrict women’s rights to land, property, and inheritance, especially in rural areas and outer islands, compounding the challenges they face.
CEDAW pointed out that women, particularly survivors of domestic violence, encounter severe economic barriers when pursuing divorce. These women often rely financially on their husbands and lack access to essential supports such as affordable housing, legal assistance, and employment opportunities. Moreover, the Family Law Act 2003 fails to incorporate gender-sensitive criteria in custody decisions, neglecting to consider factors such as domestic violence or labor division.
Recommendations from CEDAW urge Fiji to strict enforcement of the minimum marriage age, increase penalties for individuals facilitating child marriages, and ensure all marriages are registered immediately upon conclusion. The committee also advocates reforming laws to prioritize statutory provisions over discriminatory customs and engaging with community leaders to promote a more equitable understanding of women’s rights.
To empower women seeking divorce, CEDAW has suggested collecting data on the economic impact of divorce and establishing support systems, including access to housing, legal aid, and employment opportunities, to reduce women’s economic dependence and empower those who have experienced intimate partner violence.
In light of these challenges, the proactive measures proposed not only reflect a commitment to justice and equality but also highlight a collective vision for a future in which women in Fiji can thrive without discrimination. This ongoing discourse demonstrates hope for enhanced awareness and concrete actions towards fostering gender equality in Fiji, particularly as the country prepares to host the Pacific Technical Cooperation Session of the CEDAW Committee, presenting a unique opportunity to amplify local voices and address both achievements and barriers in advancing women’s rights.
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