“Shamima Ali’s criticisms of the Domestic Violence Decree are politically motivated. It is most regretful that a person who purportedly champions the cause of women’s rights should now denigrate the actions of Government in implementing a law which will address the issue of domestic violence. It should also be noted that Shamima Ali was involved in the consultation process which led to the finalization of this law”.
Attorney-General, Mr Aiyaz Sayed-Khaiyum made this comment in response to criticisms by Fiji Women’s Crisis Centre Coordinator Shamima Ali that there was a lack of consultation before the Domestic Violence Decree was made by the Bainimarama Government in July this year.
“Ms Ali was part of the group of stakeholders consulted by the Fiji Law Reform Commission in 2004 along with such groups as UNICEF, UNIFEM, UNDP, UNICEF, the Salvation Army, the Fiji Council of Churches and many others from civil society and government. In addition to these extensive consultations, meetings were held with community representatives around the country” Mr Sayed-Khaiyum said.
“The previous Government approved a bill in principle but took no further action. In June 2008 however a draft law was referred to the judiciary for its views and in February 2009 the Chief Justice wrote to me recommending its enactment” he said.
The Domestic Violence Decree was approved by Cabinet in July this year and will create a new offence of domestic violence defined under the Decree as any act of violence committed in a family situation. The definition includes acts committed in a family situation and includes those committed in a de facto relationship and any violence committed on children.
Courts will also be given a wide discretion to prevent domestic violence, to take into account the “domestic” nature of an assault in granting or refusing bail, and to make restraining orders against the perpetrator to prevent further assault. The Decree also gives the Police certain powers to prevent domestic violence.
“The decision to enact the Domestic Violence Decree is a progressive move by the Bainimarama Government as part of its reform agenda. The Decree will allow for greater protection to women and children and shall give women greater access to justice. The prevention of domestic violence also has a positive impact on productivity and efficiency in our society. It also inculcates the principles and practice of tolerance, understanding, respect, fair play, and gender equality; all of which are objectives of the Bainimarama government” he said.
Responding to Shamima Ali’s criticism that the Government does not have the resources to implement the Decree, the Attorney-General said that “resources will always be a challenge in any jurisdiction but the Bainimarama Government has the political will to implement this Decree and allocate appropriate resources.”
Suggestions by Ms Ali that the move to empower women is a whitewash by the Government to get women on side were dismissed by the Attorney-General as absurd and nonsensical.
“The overwhelming response by the public to the enactment of the Domestic Violence Decree has been extremely positive. The Government will work together with all genuine stakeholders to ensure the effective implementation of this groundbreaking Decree” Mr Sayed-Khaiyum said.