Fiji

Fiji Trafficking Routes Sex tourists, particularly those from Australia, reportedly travel to the South Pacific, including Fiji, to engage in the commercial sexual exploitation of children. Factors That Contribute to the Trafficking Infrastructure Pacific Island children may be particularly vulnerable targets for child sex tourists. As the South Pacific emerges as a huge tourist destination, and as police crack down on sex tourists, both in their home countries (such as Australia) and in the more popular destination countries in Asia, there is growing concern that child sex tourism and associated activities are on the increase in the region.1 A prominent women’s activist blamed not only poverty, low education, lack of employment opportunities, and abuse for forcing women and children into prostitution, but also Fiji’s lax laws concerning pedophilia and extradition. Both foreign and local pedophiles take advantage of these less stringent laws.2 Forms of Trafficking In an October 2000 report, the United Nations (UN) noted Fiji’s growth as a “popular destination for sex tourists,” especially those from Australia. The report noted that poor children were especially at risk, and that sex tourists often coaxed island taxi drivers into facilitating the prostitution of children.3 New Zealanders are known to travel to Asian and Pacific countries, such as Fiji, for sex tourism. New Zealand men have been charged with child sexual abuse in countries such as Fiji and India 4 The report also warned that the sale of children in Fiji could become a problem if loopholes in the adoption law were not amended. Although baby and child trafficking from Fiji appeared to be rare, the potential existed for such trafficking to increase. There have been a number of cases of older children being taken from their parents to live in Australia and New Zealand. In Australia, there have been several prosecutions of men for sexually abusing Fijian boys whom they adopted. In some cases, the boys have stayed with the men after they came of age and even inherited their property; this might explain a reluctance by the victims to make official complaints about the abuse.5 1 End Child Prostitution, Pornography, and Trafficking (ECPAT) International Online Database, July 2004, http://www.ecpat.net. 2 “The Changing Face of Prostitution in Fiji,” PacNews, 9 February 2004. 3 “UN Report Highlights Child Sex Abuse in Fiji,” Radio Australia/BBC Summary of World Broadcasts, 18 October 2000. 4 New Zealand Ministry of Justice, “Protecting Our Innocence: New Zealand’s National Plan of Action against the Commercial Sexual Exploitation of Children,” New Zealand Ministry of Justice, Wellington, February 2002, http://www.justice.govt.nz/pubs/reports/2002/protect-innocence/. 5 “UN Report Warns Fiji of Baby and Children Trafficking,” PacNews, 18 October 2000. As recently as late December 2003, Fiji police expressed concern over the increasing number of girls who were “choosing prostitution as a career.” Girls ranging in age from 13 to their mid-20s can be seen working on the streets.6 There were claims that body parts traffickers were operating in the western part of the country. Investigators found nothing to substantiate those claims, which were made by at least five teenagers, and police attributed the claims to “mass hysteria.”7 Government Responses The Penal Code prohibits procurement as an “offense against morality.”8 Procuring a woman so that she will become a common prostitute or will frequent or become an inmate of a brothel is a misdemeanor punishable by imprisonment for 2 years, with or without corporal punishment.9 The same punishment applies to cases of procurement involving threats or intimidation, false pretenses or false representations, or forced drug use.10 These offenses are penalized whether they occur in Fiji or elsewhere.11 The code also prohibits detaining any woman or girl against her will in a brothel,12 living on the earnings of prostitution,13 loitering or soliciting for the purposes of prostitution,14 or keeping or managing a brothel.15 Procuring minors to have unlawful carnal connection,16 owning or occupying a premise where a girl is unlawfully carnally known by a man,17 and selling18 and buying minors19 for immoral purposes are all prohibited. 6 “Fiji Police Concerned about Increase in Young Girls Opting for Prostitution,” BBC Monitoring International Reports, 22 December 2003. 7 “Fiji Police Blame “Mass Hysteria” for Reports of Body Parts Trafficking,” BBC Worldwide Monitoring, 8 November 2003. 8 Article 157. Under chapter XVII of the code, offenses against morality include rape, abduction, indecent assaults on a female, defilement of girls, procurement, detention with intent of prostitution, or detention in a brothel. They also include selling or buying minors for immoral purposes, living on earnings of prostitution, loitering or soliciting for the purposes of prostitution, maintaining a brothel, performing or submitting to an abortion, practicing indecent behavior by males, and practicing incest by males or females. 9 Article 157(1). 10 Article 158. 11 Articles 157–158. 12 Article 161(1)(b). The prohibition extends to cases of constructive detention. According to article 161(2), “When a woman or girl is in or upon any premises for the purpose of having unlawful carnal connection, or is in a brothel, a person shall be deemed to detain such person or girl, in or upon such premises or in such brothel if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to such woman or girl by the directions of such person, such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied. No legal proceedings, whether civil or criminal, shall be taken against such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to leave such premises of brothel.” 13 Articles 166 and 167. 14 Article 168. Under article 168(5), a public place includes “the doorways and entrances of premises abutting on any public way and any ground adjoining and open to any public place.” 15 Article 170. 16 Article 157. 17 Articles 159–160. 18 Article 162. The Penal Code provides that no person will be convicted of any offense related to prostitution activities on the evidence of only one witness, unless that witness’s testimony can be corroborated by material evidence implicating the accused.20 The constitution provides for “freedom from servitude and forced labor,” 21 stating that a person must not be held in slavery or servitude and must not be forced to work.22 In addition, the Penal Code states that anyone who forces another person to work against her or his will is guilty of a misdemeanor.23 The abduction of a woman with the intent to marry her or carnally know her, or to cause her to be married or carnally known by another person, is punishable by imprisonment for 7 years, with or without corporal punishment.24 The abduction of a girl under the age of 18 with the intent of having unlawful carnal knowledge of her is a misdemeanor.25 The Penal Code forbids the production and possession of obscene materials and the public exhibition of indecent shows or performances. Punishment is imprisonment for 2 years or a fine.26 Kidnapping a person “beyond the limits of Fiji” without consent of that person is punishable by imprisonment for 7 years.27 Abducting a girl younger than 16 is a misdemeanor.28 Kidnapping or abducting a person in order to subject him or her to grievous harm, to slavery, or to the unnatural lust of another person is punishable by imprisonment for 10 years.29 Wrongfully concealing or confining a kidnapped or abducted person is subject to the same punishment as kidnapping or abducting such a person with the same intention or knowledge.30 Anyone who unlawfully confines another person is subject to punishment by imprisonment for 1 year or a fine.31 The Penal Code criminalizes official corruption. Punishment is imprisonment for 7 years.32 Also, the code outlaws the forgery of documents,33 seals, and dies.34 In 1995, the Child Abuse and Personal Crime Unit was established to deal with the alarming number of reports of child abuse.35 19 20 Article 163. Articles 157(1) and 158. 21 Article 24 of the constitution of Fiji, as amended on 25 July 1997. 22 Article 24(1). According to article 24(2), forced labor does not include labor required because of the sentence or order of a court, labor reasonably required of a person serving a term of imprisonment, labor required of a member of military service, or labor required as part of reasonable and normal communal or civic obligations. 23 Article 257. 24 Article 152. 25 Article 153. 26 Article 188. 27 Article 248. 28 Article 255. 29 Article 252. 30 Article 253. 31 Article 256. 32 Article 106. 33 Article 335. 34 Article 342. 35 Viliame Tikotani, “Child Labour: The Rising Social Issue of Concern,” 24 July 2003, http://www.fiji.gov.fj/publish/printer_1363.shtml. The government of Fiji is currently considering amending the Immigration Act. The amended act would contain specific provisions dealing with transnational crimes such as trafficking and people smuggling. The Fiji Human Rights Commission will make submissions that will bring the act in line with the Trafficking Protocol 2000. The commission has an officer serving as the focal point for trafficking whose responsibilities include updating the commission on news and incidences of trafficking.36 A 2000 UN report observed that Fiji fell short of requirements demanded by the Convention on the Rights of the Child: 37 The report states, These included the lack of a systematic data-collection mechanism, inadequacies pertaining to the birth registration system, the continuing use of corporal punishment by parents and teachers, insufficient awareness and lack of information about ill-treatment and abuse, including sexual abuse, both within and outside of the family, as well as insufficient legal protection measures, appropriate resources and adequately trained personnel to prevent and combat such abuse. Other areas of concern for the Committee included the high drop out rate from school, insufficient measures to address drugs and alcohol abuse, and the inadequate rehabilitation measures for ill-treated, sexually abused, and economically exploited children, as well as their limited access to the justice system.38 In 2003, a committee was formed by representatives from the International Labor Organization, the government, employers’ and workers’ organizations, the Fiji police force, and the Social Welfare Department to promote child labor issues at the national level. At their first joint meeting, the representatives agreed that legislation needed to be reviewed, laws needed to be tightened, and an extensive survey needed to be conducted. Furthermore, the government’s National Strategic Plan (2003–05) stressed the government’s commitment to policies that contribute to the eradication of child labor.39 Nongovernmental and International Organization Responses Child Wise of End Child Prostitution, Child Pornography, and Trafficking of Children (ECPAT) Australia conducted a Skills Training in Child Counseling course in Fiji in September 2003. The 2-week training session was run by the Fiji National Council of Women and trained volunteers and nongovernmental organization (NGO) workers in counseling child victims of abuse.40 Members of Fiji’s largest women’s organization, the Catholic Women’s League, will be hosed their largest regional meeting in 2004. The conference theme, “Celebrating 36 Fiji Human Rights Commission, “Activities on Death Penalty and Trafficking Report,” paper presented at the Eighth Annual Meeting of the Advisory Council of Jurists, Katmandu, Nepal, 16–18 February 2004. 37 “UN Report Highlights Child Sex Abuse in Fiji,” Radio Australia/BBC Summary of World Broadcasts, 18 October 2000. 38 “UN Report Highlights Child Sex Abuse in Fiji,” Radio Australia/BBC Summary of World Broadcasts, 18 October 2000. 39 Viliame Tikotani, “Child Labour: The Rising Social Issue of Concern,” 24 July 2003, http://www.fiji.gov.fj/publish/printer_1363.shtml. 40 “Child Wise to Conduct Child Protection Training in Fiji,” Child Wise ECPAT in Australia 70 (September 2003): 2. the Prophetic Mission of Women,” focused on the elimination of violence against women and children and on the eradication of trafficking.41 Homes of Hope, a Christian organization run by an American couple, operates a residential home in Suva for young single mothers and children. Most of these single mothers are age 15 to 17. Homes of Hope provides young women with employment opportunities at the organization-run bakery or preschool and offers training in basic business skills.42 Multilateral Initiatives Under the Mutual Assistance in Criminal Matters Act of 1997, Fiji signed agreements to facilitate mutual assistance in criminal matters with Australia and New Zealand. In accordance with these agreements, a resident of Australia or New Zealand who is charged with a serious offense in Fiji may be prosecuted in his or her country of residence. The act also facilitates investigating crimes, taking evidence, and performing other administrative measures necessary to deal with serious offenses such as prostitution and trafficking in persons.43 In May 2003, representatives of the Fijian government attended the East Asian and Pacific ministerial meeting on children in Bali, Indonesia. Ministers, senior officials, representatives of NGOs, and other representatives from 23 countries participated. The participants of the conference unanimously adopted the Bali Consensus, which underlines the need for governments in the region to fulfill children’s rights and protect them.44 The Pacific Regional Workshop on Combating Poverty and Commercial Sexual Exploitation of Children was held in Fiji in September 2003. The workshop, which was organized by the United Nations Educational, Scientific, and Cultural Organization for Asia and the Pacific and ECPAT International, considered ways to protect Pacific Island children and implement the Convention on the Rights of the Child.45 41 42 “Fiji to Host Asia/Pacific Catholic Women’s Meeting,” PacNews, 23 February 2004. “Homes of Hope: Helping Fiji’s Destitute Women and Children,” PacNews, 3 February 2004. 43 United Nations, “Poverty and Socioeconomic Imbalances Must Be Addressed in Fight against Illicit Drugs, Third Committee Told,” Press Release GA/SHC/3471, 13 October 1998, http://www.un.org/News/Press/docs/1998/19981013.gash3471.html. 44 “Twenty-Three Countries to Attend Meeting on Children in Bali, Antara, 3 May 2003. See also UNICEF, “East Asian and Pacific Nations Act for Children,” News Note, 7 May 2003, http://www.unicef.org/media/media_7135.html. 45 “Pacific Regional Workshop to Study Children’s Rights,” ABC Radio Australia News, 12 September 2003.