The Fiji Human Rights and Anti-Discrimination Commission has commended the State for considering the ratification of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography as it would serve to further strengthen Fiji’s resolve to fulfil its obligations under Article 34 of the Convention on the Rights of the Child to protect children from all forms of sexual exploitation and sexual abuse and Article 39 of the Convention which requires States Parties to ensure recovery and dignified reintegration of child victims of sexual exploitation.
Director Ashwin Raj has recommended that Fiji ratify the Optional Protocol without reservations.
He says it is further recommended that the provisions of the Crimes Act as it relates to the age of criminal liability under section 27 of the Act to children who are over ten years of age but under fourteen years who may be held criminally liable under section 230 of the Crimes Act for living on earnings of prostitution or persistently soliciting must be interpreted in consonance with the principles of the best interests of the child as it can leave such children who are already in a vulnerable position susceptible to criminal prosecution.
Raj further says human rights training of law enforcement agencies, child welfare officers and community advocates in building their capacity to effectively deal with child victims during the investigation and at various stages of the criminal justice process as well as dignified reintegration into society.
He also recommends that Fiji promote education and advocacy on the rights and obligations under the Optional Protocol through multisectoral cooperation between the state, civil society, national human rights institution including the mobilization of communities and the media to raise awareness including in schools through human rights education.
Raj says it is imperative that the State, law enforcement agencies and the national human rights institution develop its capacity in this area to enable independent monitoring and reporting.
There is a need to develop a more robust monitoring mechanism to track progress in the implementation of the Optional Protocol.
He says a cohesive child-friendly support system/network should be set up to assist child victims and survivors of sexual exploitation with adequate psycho-social support enabling constructive engagement between state, civil society, communities and national human rights institution to assist with dignified and safe reintegration of child victims into the communities, help empower child victims and ensuring that their views are heard when making decisions about their life.
