FIJI, Disability Country Profile
.jpg) CONSTITUTION Fiji became independent in 1970, and became a republic in 1987, with the current Constitution, which includes a Bill of Rights, dating from 1997.This Constitution guarantees equality before the law, and prohibits unfair discrimination on a number of grounds, including disability. It states that persons with a disability have a right of access to public places, to which reasonable access must be provided. The Constitution gives the right to basic education, with specific guarantees of access for persons with a disability. HUMAN RIGHTS Fiji passed a Human Rights Commission Act in 1999. This Act specifically prohibits discrimination on the grounds of disability, particularly in employment-related areas, housing and education. Fiji has enacted the Fiji National Council of Disabled Persons Act 1994, under which is the national coordinating body known as the Fiji National Council for Disabled Persons. There are advisory committees for health, education, legal matters, housing transport and environment, vocational training and employment and sports and recreation. An EEO Policy exists within the Public Service. The Social Justice Act 2001 establishes affirmative action programmes for persons with a disability, with Ministerial responsibilities allocated. The Fiji Islands has an Ombudsman set up in its Constitution Chapter 11 Pt 2. Actions or inaction of Governmental bodies are subject to review at discretion of Ombudsman, who may make recommendations for corrective action. The jurisdiction includes review of improperly discriminatory action. There is an additional Ombudsman Act 1998. Persons certified to be suffering from mental disorder or to be a mental defective are prohibited immigrants if their presence in Fiji would be a danger to the community. SIGNATORY TO THE UNESCAP PROCLAMATION ON THE FULL PARTICIPATION AND EQUALITY OF PEOPLE WITH DISABILITIES IN THE ASIAN AND PACIFIC REGION Proclamation signed in 1993 DISABILITY SPECIFIC LEGISLATION 1994 Fiji National Council of Disabled Persons Act 1997 Inclusion of the Bill of Rights under the Constitution of Fiji 2006 Draft national Disability Policy FOCAL POINT ON DISABILITY WITHIN GOVERNMENT The Ministry for Women, Social Welfare and Housing, has responsibility for disability issues, including the care and rehabilitation of persons with a disability and is responsible for FNCDP. NATIONAL COORDINATION COMMITTEE OR NATIONAL DISABILITY COUNCIL Fiji has enacted the Fiji National Council for Disabled Persons Act 1994 under which is the national coordinating body known as the Fiji National Council for Disabled Persons. There are advisory committees for health, education, legal matters, housing transport and environment, vocational training and employment, and sports and recreation. Also, there are district committees on disability established around the country. FNCDP is included in all national planning in health, education, national forums for children, Task Force on women NATIONAL DISABILITY POLICY Currently in preparation for submission to Government in November 2006 NATIONAL DISABILITY ACTION-PLAN Draft and consultation in progress with disability policy. 5 year national plan of action on disability prepared in 2007 DISABILITY STATISTICS AND DATA COLLECTION Bureau of Statistics collects data on persons with disabilities. The 2007 national census will include questions on disability following advocacy from FNCDP. FDPA and JICA have compiled a country profile on disability. Fiji does not as yet have comprehensive survey information. However, FNCDP conducted pilot disability survey in Macuata Province in 2006. SELF-HELP ORGANISATIONS Fiji Disabled Peoples Association (FDPA) was formed in 1988 and has been an active force in advocating for and upholding the rights of persons with disabilities. There are other single disability organizations of persons with disabilities in Fiji. The International Day for Disabled Persons is celebrated annually. The DPI Oceania Sub Regional Office is located in Suva, and has wide ranging functions in Fiji and the Pacific region. This office also hosts the PDF list serve network. WOMEN WITH DISABILITIES Fiji is a signatory to CEDAW. FDPA has an active group of Women with Disabilities. WWD Fiji is a member of the National Council for Women. WWD runs a support group for women with disabilities to assist them to live independently and to gain vocational skills. EARLY DETECTION, EARLY INTERVENTION AND EDUCATION The Education Act has a general principle that children should be educated in accordance with the wishes of their parents. There is compulsory education to an age specified by Ministerial Order. Under the 2001 Social Justice Act, there is an affirmative action programme for improvement of educational opportunities for children with a disability. However most education for children with disabilities remains in NGO hands, with the Government paying for teacher training, salaries and some expenses. Fiji has a Blueprint for Affirmative Action for Special Education, a ten-year plan to enhance access to education and training for every student with a disability, and containing specific policy initiatives. Special Education Policy was formulated on the basis of an inter-ministerial inquiry. The University of the South Pacific is based in Suva, and all Forum Island States are participating members of USP, with campuses being located in different countries. USP also provides distance learning modules and in particular, has a Disability Community Workers Certificate. Since 1993 there has been a compulsory unit of Special Education in the regular teacher training course for all teachers at the Lautoka Teachers College. There has been a Centre for early Intervention in Suva since 1989. There is a project for early identification of disabilities amongst primary school children, who can then be referred for specialist treatment. Specialist Rehabilitation services are provided in the 3 main urban based hospitals and Community based Rehabilitation Assistants work in rural areas. TRAINING AND EMPLOYMENT An ILO survey in 2002 identified persons with a disability as having lower levels of education, under represented in the economy and disproportionately represented in the unemployed category. In 2003, Fiji participated in an ILO Technical Consultation on Vocational Training and Employment of People with Disabilities in Asia and the Pacific. There is a Fiji Vocational Training Centre for Disabled Persons in Suva, accredited by the Ministry of Education as the National Vocational Training Centre for persons with disabilities. The Youth Employment Policy Framework refers to the need for training for young persons with a disability. Fiji has a statutory scheme of compensation for employees injured at work. It includes coverage for occupational disease or death. The 1996 Health and Safety at Work Act creates a duty on employers to maintain plant and systems that are safe and without risk to health, and workers have a duty to take reasonable care not to create risk and use equipment as instructed. Fiji ratified ILO Convention 159 on Vocational Rehabilitation and Employment of Disabled Persons in 2004. ACCESS TO BUILT ENVIRONMENTS AND PUBLIC TRANSPORT The Public Health Regulations deal with requirements for buildings, but make no provision for access for persons with a disability. There is a proposal for implementation of the National Building Code, and some progress has been made towards accessibility in cities. ACCESS TO INFORMATION AND COMMUNICATIONS The PDF network list server used to be based in Fiji but has shifted temporarily to Vision pacific in New Zealand. It is envisaged that once the PDF Office is set up in Fiji this listserve will gain be based in Fiji. POVERTY ALLEVIATION The Fiji Strategic Development Plan 2003-2005 makes recommendations about Persons with a disability, particularly to provide relief for those in poverty and caregivers. The Department's own Strategic Plan promotes research and policies to benefit persons with a disability. CRIMINAL LAW Criminal Codes. There is a presumption of sanity until proved otherwise. A person is not responsible for criminal acts or omissions if by reason of any disease affecting his mind, he is incapable of understanding what he is doing or of knowing that he ought not to do the act or omission. There is an offence of having unlawful carnal knowledge of any female person suffering from severe sub normality. Fiji has a 1996 Legal Aid Act. The Legal Aid Commission is required (subject to the resources available) to provide legal assistance to impoverished persons. Private practitioners, Commission employees or duty solicitors can deliver the service. The service may be free, or a contribution may be required. OTHER LAW Estates and Inheritance. Applicants for further and better provision out of an estate include, parent, son or daughter " who by reason of some mental or physical disability is incapable of maintaining himself." The Court may order that reasonable provision for maintenance be made. Marriage: There is no impediment to marriage for a person with a disability. Property: The Public Trustee may be appointed to have the management and care of the property of every person of unsound mind. 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