RESEARCH REPORT

THE ROLE OF WOMEN’S RIGHTS GROUPS IN LEGAL REFORM

2002

Sue Farran

School of Law

University of the South Pacific

Emalus Campus

Port Vila

Vanuatu

PREFACE

Work on this project commenced in 2001 and was completed in 2002. In that time there may have been some changes in the structure, office bearers and focus of the various groups mentioned in the report. Nevertheless I should like to express my thanks to all of those who participated in interviews, answered questionnaires and assisted with information during the research for the report. Without their help there would be no report.

I am also grateful for the help of student assistants on this project - who, I believe learned quite a lot themselves from the project – and the Law School for research funding.

The report represents a summary of the views and information. It is hoped that it will be useful to various organisations for networking and developing future strategies for making progress on issues relating to the rights of women.

Copies of this report have been circulated to those organisations which helped with the enquiries.

CONTENTS

1.0 Background and Introduction 1

1.1 Aims of the Project 2

1.2 Parameters of the Research 2

1.3 Methodology 2-3

2.0 Vanuatu Women’s Centre 3-5

3.0 Vanuatu National Council of Women 5-7

4.0 Department of Women’s Affairs 8-9

5.0 Vanuatu Association of Women Graduates 9-10

6.0 Vanuatu Rural Development Training Centres

Association 10-11

7.0 Vanuatu Network for the Development and

Sustainability of Microfinance Institutions 12-13

8.0 Vanuatu Family Health Association 13-14

9.0 Save the Children Fund Australia (Vanuatu Office) 14-15

10.0 World Vision 15-16

11.0 District Labour Department 16-17

12.0 Mother’s Union 17-18

13.0 Presbyterian Women’s Missionary Union 19-20

14.0 The Catholic Church 20-24

14.1 The Bishop 20-22

14.2 Société de Saint Vincent de Paul 22

14.3 Société de Marie 23-24

15.0 Summary and Conclusion 24-26

15.1 Summary 24-25

15.2 Conclusion 25-26

1.0 BACKGROUND AND INTRODUCTION

This research follows on from previous research looking at gender discrimination in the legislation of Vanuatu. As a signatory to the Convention of the Elimination of all forms of Discrimination Against Women (CEDAW), which it ratified in 1995, Vanuatu has obligations to give effect to the Convention in its domestic laws. It also has obligations under the Constitution to give effect to the fundamental rights contained therein, especially under s.5 (1). Changing the statutory framework is only one way in which reform may occur, and will not by itself change the status quo. Informal and alternative initiatives and mechanisms may be more effective in changing practices and attitudes.

Nevertheless the implementation of measures through the legislative process remains a low priority for law reform, a fact which has been illustrated by the lack of action on the proposed Family Protection Bill, which, although drafted in 1997 has yet to be passed by Parliament. Similarly, following a workshop on Gender Discrimination in the Legislation of Vanuatu in early 2000, amendments to legislation containing language or provisions which are gender discriminatory were submitted to the State Law Office, but nothing has come of these. At the same time, however, there is increasing awareness of women’s rights and notions such as gender equality, due to the activities of various organizations, donor aid programmes and media exposure. It would appear therefore that there is a hiatus between awareness and the implementation of measures to give legal effect to the issues raised.

There may be a number of reasons for this, and some of these appear in the responses made as a result of this research. Vanuatu society is traditionally patriarchal and male dominated, especially in the formulation of policy and decision making in the public arena. Men dominate in decision making at all levels from village councils to Parliament. Indeed in almost all cases only men sit on these bodies. The 2002 parliament elections saw only one women candidate successfully win a seat, although many more women stood than had previously been the case. Even where men may be sympathetic to and supportive of women’s rights issues, constraints on parliamentary time and political instability resulting in frequent changes of government, have meant that these matters are not prioritized.

Despite these difficulties, there are a number of groups in Vanuatu both in urban and rural areas which have developed since independence and which provide forums for the discussion of issues and concerns which are of daily importance to people, particularly women, young people and disabled people. If these groups act concertedly they could have a role to play in lobbying for legal change.

This project was directed at finding out more about these groups, the role they might play in advocating legal change, and consideration of whether or not they are effective in this role.

It is hoped that the findings of this research will be useful to the groups themselves - so that they may be more aware of each other’s structural organisation and aims; to aid donors – who need to take into account the workability of aid funded projects and to be assured that these are reaching the intended recipients effectively; and to those seeking to formulate policy, programmes and projects which will operate to meet the needs and concerns of women over the next decade.

1.1 AIMS OF THE PROJECT

· To ascertain what formal and informal groups exist which focus solely or primarily on Women’s rights and Women’s issues

· To ascertain the structure, composition and membership of these groups

· To ascertain the main objectives of these groups

· To consider whether these objectives include directly or indirectly issues relating to law reform

· To examine the means by which such groups lobby for law reform

· To consider the obstacles encountered in the lobbying process

· To ascertain the success of such groups as law reform agencies as perceived by 1) the groups 2) actual legislative reform achieved.

1.2. Parameters

This research is limited to Vanuatu and to organisations that either consist largely of women or represent women, or have as their prime concern issues relating to women. The groups considered are largely based in the urban area of Port Vila where the head quarters of most groups are located. Many of these groups have branches in the rural areas. While the views of women and representatives in these rural branches would have been valuable in order to present a more balanced picture of how these groups perceive their roles, the research was limited for three reasons. Firstly, time and financial constraints mitigated against extensive rural research. Secondly, the executive of most groups is located in Port Vila. Thirdly the focus of this research is on the role of women’s groups in legal reform. Most lobbying for legal reform takes place in the capital, where ministries, aid donors and the media are located. This is not to suggest that grass roots lobbying and grass roots movements for legal reform could not be effective. They could, but at a national level a number of changes would need to take place, not least the way in which members of Parliament are selected. At present MPs do not represent constituencies. The result is that there are many parts of the country that do not have a local representative in Parliament.

Besides non-governmental, church and charitable organisations, two government institutions are included, the Ministry of Women’s Affairs and the District Labour Department.

1.3. Methodology

The research was divided into two phases. Initial research was directed at ascertaining relevant groups and identifying appropriate office bearers who could be interviewed. Library research was also undertaken to establish what laws if any, which had a bearing on women’s issues had been passed since Vanuatu ratified CEDAW in 1995.

The second phase of the research was to collect and collate information on identified groups. Information was gathered using face to face interviews, telephone interviews, and questionnaires. Additional information was also taken from annual reports and the constitutions of each group/organisation. The following organisation or groups that participated in this research were:

· Vanuatu Women’s Centre (VWC)

· Vanuatu National Council of Women (VNCW)

· Department of Women’s Affairs

· Vanuatu Network of Women for the Development and Sustainability of Microfinance institutions (VANWODS)

· Save the Children’s Fund

· Vanuatu Family Health Association

· Vanuatu Rural Development Training Centres Association

· World Vision

· Labour Department

· Mother’s Union in Port Vila

· Presbyterian Women’s Missionary Union at Ohlen

· The Société de Saint Vincent de Paul

· The Société de Marie

2.0 Vanuatu Women’s Centre

Address: P O Box 1358

PORT VILA

Telephone: (678)27564, Fax: (678)22478, Email: vwnc@vanuatu.com.vu

Contact Person: Merilyn Tahi (Director)

2.1 Structure and membership

The VWC is managed by the VWC management committee and is coordinated by Merilyn Tahi. The VWC has a coordinator, finance officer, office assistant, counselors and community educator. They also have a branch in Santo called the Sanma counselling centre and the community educator is Carol Martin.

The VWC has an open membership, there are no restrictions or criteria for joining and no fees are imposed on interested individuals/ groups. Total membership of VWC includes the trustees, the management committee, the managing agent - which is Fiji Women’s Crisis Centre, the staff collective, clients and stakeholders. There are a number of branches to the organisation and eighteen committees against violence against women in the islands[1].

Aims

The VWC’s main aims are:

· To work towards the elimination of violence against women and children in Vanuatu.

· To change community attitudes on violence against women and children.

2.2 Legal Advocacy/Lobbying

VWC is aware of CEDAW and was the first organisation to run awareness seminars on CEDAW, having fought hard for its ratification. VWC supported the translation of CEDAW into Bislama in book form by the late Grace Molisa and a couple of women who attended the 4^th World Conference on Women in Beijing in 1995.

VWC also runs awareness campaigns on the Convention on the Rights of a Child (CRC) throughout Vanuatu. VWC has been very instrumental in providing awareness on CEDAW and the CRC by running workshops, public talks, protest marches, meetings with government authorities and media campaigns. VWC has included both conventions in all its activities especially community education. VWC is about empowering women and children and educating women about their rights. VWC sees these as guiding principles for any country to plan and implement activities to promote the advancement of women in their countries at all levels, both government and civil societies.

VWC has activities under the component on legal advocacy and lobbying. VWC raises women’s awareness of their rights to ensure that the current laws are enforced and that gender-sensitive legislation is put in place. VWC tries to achieve law reform or change by:

· providing legal information to help their clients in understanding the environment of legal boundaries in relation to their concerns.

· providing information on existing legislation relating to the family

· raising issues about laws which may have loopholes in them.

· VWC’s have fully supported the Family Protection Bill.

· VWC is also interested to include the amendment to the definition of rape in the legislation and other legislation relating to children.

VWC devoted an enormous amount of effort in lobbying the Government, chiefs and the community to agree to the Family Protection Bill. Radio programs on the entire Bill were put out, and a Bislama version of the bill was distributed targeting the decision-makers. The lobbying strategy used was to consult with all levels of the VWC, church women’s groups, Malvatamauri (Council of Chiefs), community leaders and the Department of Women’s Affairs, with the purpose that all of these views should be included in the Government’s work plan, and using the media for the public’s input. After the consultation and lobbing process, the Family Protection Bill was forwarded to the relevant government department, then to the Council of Ministers of Parliament. However it did not have the required support. The Bill could not be tabled in Parliament due to lack of support. The VWC considers the Family Protection Bill is a Government’s Bill and the Government should be actively doing the consultations. This was lacking and thus gave out a message indirectly that this was a private bill and a women’s bill to be used against men, even though domestic violence is already a crime under section 107 of the Penal Code.

The VWC’s main challenges are that there is much to understand and know about the process and language involved legal drafting. Although the government provides moral support through the Department of Women’s Affairs and the Department of Economic and Social Development, there are no financial resources directed towards VWC or even support within the Government for activities. Other obstacles are the discriminatory attitude towards women by men, the courts weak enforcement system on decisions in cases such as Restraining Order, the payment of Child Maintenance and Family Maintenance. For example, VWC counsellors are asked to serve summons which is very dangerous for them (the partner knows that his wife had come to the VWC for help when it should be confidential) and exposes the client. The other challenge is that some chiefs, church leader and other stakeholders do not consider Domestic Violence as a crime. There is a need for everyone to understand that Domestic Violence is a crime under the existing legislation.

3.0 Vanuatu National Council of Women

Address: P O Box 975

PORT VILA

Telephone: (678) 23108, Fax (678) 27 210, Email: vncw@vanuatu.com.vu

3.1 Structure and Membership

President: Elizabeth Mermer

Vice President: Leias Cullwick

Secretary: Eileen Boe

Treasurer: Rolenas Lolo

Members: Hilda Taleo, Titus Peter, Easuary Deema

VNCW board manages and oversees the operations and administration of the VNCW. VNCW’s administration consists of the Chief Executive Officer (Jenny Ligo), the Finance Officer (Paula Aruhuri), Information Officer (Enneth Damassing), Secretary/ Liaison Officer Patricia Fred, Cleaner (Mirriam)

VNCW also has three staff working under NZODA funded project for their Radio Program and two staff for the VNCW Guesthouse.

Membership is voluntary. The following are eligible for full membership of VNCW:

a) All Provincial Councils of Women,

b) All Municipal Councils of Women

c) All Ni-Vanuatu women and men’s organisation that uphold and accept the objectives of VNCW,

d) All eligible non-government organisations,

The following are eligible for associate membership of VNCW:

a) other women’s organizations

b) other Non-Government organisations

c) a person representing the Government of Vanuatu.

Aims

The main aims of the group or main focus /concerns are:

a) to unify all women

b) to improve the quality of women’s lives

c) to empower women to participate in public decision-making

d) to give support to and act as a link between all women’s groups in Vanuatu

e) to act as advocate to Government and other NGO’s concerning the needs of Vanuatu women

f) to work to ensure that all Vanuatu women are aware of their rights and the rights of their children under the Constitution of Vanuatu and the laws of Vanuatu and

g) To work to ensure the full participation of women as equal partners with men in the development of Vanuatu.

The following are VNCW’s program areas:

· Institutional Development

· Women and Cash Economy

· Women in Decision Making

· Women in Education

· Women in Health

3.2 Legal Advocacy/lobbying

A senior office holder who was interviewed, stated that she knows very little about CEDAW and also has not seen the final draft of the Family Protection Bill. She assumed that other women out there are the same too. There should be more awareness to enable the women to know what their rights are.

The VNCW has in the past supported work in relation to the Family Protection Bill and the Constitutional Reform process, by organizing and attending conferences and through the use of media. VNCW does not have a specific policy on law reform but some of VNCW’s activities are indirectly directed at law reform such as a workshop on the Comprehensive Reform Program (CRP) Monitoring. The workshop raised awareness of women and the Women groups in the rural areas of the CRP Objectives. Posters were developed and translated into Bislama as a means of encouraging awareness on the rights of women, as had been done for example, with a poster for equal employment.

The VNCW felt that the Family Protection Bill could not make it through parliament because:

the activities were not fully communicated to the grassroot level women, the church leaders and the youth. It was done with a few women in management positions at the Department of Women’s Affairs and the other women’s NGO groups. More consultation from the grassroot level using the VNCW’s network of women island councils, church leaders, Council of Chiefs and Youth should have been involved before getting it through the Department and the Council of Ministers. Had this been done the Bill might have had a chance of getting through.

The challenges that VNCW faces are

1) Working with men;

2) That educated women do not follow the proper way of approach that is culturally sensitive

3) Lack of cooperation amongst women themselves.

4) To some extent, the women groups are working independently.

5) Decision on the Family Protection Bill was only for a few top players.

6) Lack of awareness.

7) Financial difficulties

8) Male dominance especially in key office holders in the government and the decision makers.

4.0 Department of Women’s Affairs (DWA)

Address: PMB 091

Port Vila

Phone: (678) 25099, Fax: (678) 26353, Email:women@vanuatu.gov.vu

Contact person: Jane Strachen and Kathy Rarua

4.1 Structure

* Advisor for the Department of Women’s Affairs- Jane Strachen

The Department of Women’s Affairs is a government department and therefore does not have any members.

Aims

This department works closely with other NGO women groups on issues affecting women. The DWA’s main aim is:

· to bring about the advancement, development and empowerment of Vanuatu’s women by adopting the philosophy of working in partnership for Equality

· and to get women involved in development processes at the Social, Economic and Political level.

4.2 Legal Advocacy/lobbying

The DWA have run awareness workshops on women’s issues such as workshops on awareness about CEDAW. For example, Gender Equity and Sensitization workshops have been held in Port Vila and Santo. Prior to the elections, (2002) The Women in Government workshop was held to encourage women to become future politicians to help in decision-making. The DWA has drafted a Statement of Intent which specifies its action plan for 2001-2006. This is currently being used as an internal document. Policies are being set in place for each strategy in the Statement of Intent and some of it would involve law reform or advocacy for change such as Women in Decision Making, Violence Against Women, Economic Empowerment of Women, Gender Equity, Women and Health and Women and Education.

In the view of the DWA the Family Protection Bill could not make the numbers in the Counsel of Ministers to get sufficient support for it to be tabled in Parliament. DWA believes the reasons for the failure were: male opposition to the changes - the few males who supported women’s rights issues did not make the numbers to gather enough support at most of the levels in the government. The only channel to get bills tabled in parliament is to go through the process of Ministry – Council of Ministers - Parliament. DWA suggests that having more women in positions of power and more women in parliament would help the lobbying process for any women related Bill to be passed. The main challenges faced by DWA are not enough finance, lack of staff, and male dominance.

5.0 Vanuatu Association of Women Graduates (VAWG)

P O Box 1342

PORT VILA

Contact Person: Jeanette Bolenga

5.1 Structure and Membership

The VAWG was established in August 2000 and the office bearers are:

President- Jeanette Bolenga

Senior Vice-Doresday Kenneth

Junior Vice – Roslyn Arthur

Treasurer- Selina Haggai

Secretary – Naomi Bolenga

International Relations Officer –Asha Sine

The VAWG is an association formed by the Women graduates in Port Vila. The association’s criteria to become a member is that you have to be a graduate and pay a fee.

Aims

To promote the quality of life for women and girls

The VAWG is committed to:

· further the development of education for women,

· improve the status of women and children

· protect human rights and promote peace.

5.2 Legal advocacy/lobbying

The VAWG has not lobbied on any specific issue but have written articles to the media regarding many women issues. This association is a newly established association and the activities it does are to provide awareness to its members by getting guest speakers to talk on certain topics such as “Live” – a topic to stop suicide in the community and many more.

VAWG is fully supportive of CEDAW.

The main challenges this association faces is:

• Lack of finance for the activities of the association
• Male dominated culture makes it difficult to voice any opinions based on gender issues.
• The active members have limited time to fully achieve the aims of this association.

6.0 Vanuatu Rural Development Training Centres Association (VRDTCA)

Address: P O Box 925

Port Vila

Telephone: (678) 27740

Contact Person: Mr John Liu (Director)

6.1 Structure and membership

The office bearers of VRDTCA are:

Director-John Liu

Administration Officer- Emmie Nivou

Information Officer- Philip Tasale

RRRT Officer- Joe Mela

Association Secretary-Idau Navuki

Office Support Officer-Jonah Nahwo

Enterprise Development Officer-Hanson Leona

Management Strengthening Officer-Kathy Solomon

Curriculum Coordinator-Carol Aru

The position of Gender Policy Implementation Officer and a the Technical Officer is vacant.

VRDTCA is an umbrella body for rural training centres that have become the members or associate members of the association.

Aims

The aims of VRDTCA are:

· To use non-formal education as a way of improving the lives of the people of rural Vanuatu while at all times appreciating ni-Vanuatu’s cultural values and identity.

· To facilitate non formal education development in Training Centres with a focus on rural Vanuatu to provide appropriate vocational education primarily for the Youth of Vanuatu using relevant attitudes and skills.

6.2 Legal advocacy/lobbying

VRDTCA is aware of CEDAW and therefore has a position for Gender Policy Implementation Officer which is still vacant. Part of the association’s program is to incorporate training programs to strengthen and up-grade the skills of women in the rural communities. VRTDCA does not have any focus on law reform but as part of their program, they provide awareness programs on Good Governance in the Rural Training Centres (RTC) in Sanma and Malampa Provinces. This year the Good Governance program will be introduced to the other provinces throughout Vanuatu.

VRDTCA is involved in education reform. It is the only organised and well-structured non-formal education in Vanuatu. The association is indirectly involved in law reform by providing awareness programs in good governance, advocacy in non-formal education and advocacy in education for all. The association has been successful with its programs because people now appreciate good governance concepts. The number of students enrolled in the RTCs is increasing every year and the association regards this as a success. The VRDTCA’s limitations are limited resources in terms of manpower and finance although the impact of their programme is hard to measure as impacts usually take decades or even centuries. Institutional Strengthening in the capacity of the association in long term planning would improve the services of the association. The association faces a big challenge in promoting non-formal education as an alternative where there is no formal education available but sometimes its is hard to change people’s perceptions on formal education. The other challenge faced by the association is getting appropriate funding and getting donor’s agreement.

7.0 Vanuatu Network of Women for the Development and Sustainability of Microfinance Institutions (VANWODS MFI)

Address: PMB 077

PORT VILA

Telephone: 26829, Fax: 26353, Email address: vanwods@vanuatu.com.vu

Contact Person: Marjorie A Marasigan (Project Manager)

7.1 Structure and membership

VANWODS is a non-government organisation registered under the Charitable Associations’ Act of Vanuatu on 11 April 2001. Following successful pilot testing of VANWODS as a microfinance scheme for disadvantaged women which was started in 1996 by the Department of Women’s Affairs.

VANWODS has a board of Directors to oversee the administration of this organisation.

The Board of Directors for 2001 is:

President- Mr George Borugu

Vice President- Flora Kalsaria

Seccretary- Angeline Saul

Treasurer – Anna Willy

The other members of the board are Toco Mara and Marjorie Marasigan.

The Staff of VANWODS are:

Project Manager- Majorie Marasigan

Senior Field Credit Officer- Shirley Sivehi

Assistant Senior Field Credit Officer- Elines Morris

Administrative trainee- Margaret Makikon

Administrative Field Credit Officers- Elizabeth Fanobebe and Janet Laban

VANWODS has a criteria selection for new members. A member must be:

· a permanent resident of the community for at least one year

· have a per capita income of not more than Vatu 9,000 per month

· not having a regular job or be a white collar employee

· not have total marketable assets of more than Vatu 250,000.

The VANWODS have more than 400 members mostly in Shefa Province and are looking at expanding to other provinces.

Aims

The aims and objectives of VANWODS are:

· To provide microfinance services to poor and disadvantaged women.

· To provide accessible and workable and affordable savings facilities to its members

· To ensure that the majority of its members have been provided with training and financial services by the year 2005.

7.2 Legal Advocacy/lobbying

VANWOODS was established as an independent organisation embracing the vision of becoming a sustainable financial institution owned, managed and controlled by its own members.

VANWODS being registered under the Charitable Associations Acts, enables its members to be exempted from a requirement for a business licenses to operate. It has not been engaged in any legal issues but takes advantage of existing legal structures for its members.

8.0 Vanuatu Family Health Association

Address: P M B 0065

PORT VILA

Tel: (678) 22140

Contact person: Blandine Boulekoune

8.1 Structure and membership

VFHA has an executive council of 10 members. It meets three times a year. There is also one AGM every year in April-May. The organisation registered as a Charity on 13 April 1991. It has a constitution and is a member of the International Planned Parenthood Federation.

To become a member, the applicant has to complete a questionnaire and pay 100 vatu per year before March 31 each year. The major criteria are that you must be more than 18 years and have clear understanding of the aims of the Association

Aims

To promote the message of VFHA with the IPPF, that knowledge of planned parenthood and access to family planning services is a fundamental human right and that a balance between the population of the world and its natural resources and productivity is a necessary condition of human happiness, prosperity and peace.

8.2 Legal advocacy/lobbying

VFHA is aware of CEDAW and Reproductive rights is part of CEDAW which are the main function of VFHA. VFHA is standing for the rights of women regarding reproductive health, for the right to choose and the right to have contraception. The law of the rights of reproductive health and sexual and reproductive rights is being translated to Bislama for greater awareness. VHFA participates in any workshop that is organised on women rights. The VHFA has not participated in any specific law reform or changes in 2000/2001 but agrees to participate and support any. VHFA disseminates its new ideas through running of workshops. The VHFA was involved in the Family Protection Bill that was not passed in parliament. The passing of this Bill was unsuccessful because the majority of the decision-makers and those in power positions are male. VFHA believe that more campaigns are needed, especially leaflets on this matter to increase the awareness of the Family Protection Bill. There is also a need to push for the application of CEDAW to be passed by parliament. VFHA want the government to fulfill its obligations under CEDAW for the application of the provisions in the Convention and to provide a report on this implementation. The main challenges faced are that rights of women are not recognised in Vanuatu as women are of relatively low status to men.

9.0 Save the Children Fund Australia (Vanuatu Office)

Address: P O Box 283

PORT VILA

Telephone: (678) 22794, Fax: (678) 25294

Contact Person: Noeline Bule

9.1 Structure and membership

Aims

The main aim of Save the Children’s Fund is to support programs and activities that focus on children.

9.2 Legal advocacy/lobbying

The SCA has two projects on children 1) Pacific Children’s Program and 2) Child Rights Project. Both projects aim to work towards future law reform. SCA does not have any policy on law reform but may participate in the future. The two programs mentioned have just been implemented and it is difficult to evaluate their impact at present.

10.0 World Vision

Address: P O Box 247

PORT VILA

Telephone: (678) 22161, Fax: (678) 25209

Contact Person: Simon Boe (Program Manager)

10.1 Structure and membership

World Vision is an international non-profit humanitarian organisation that is involved in relief and development to serve people in need.

Program Manager - Simon Boe

Administration Finance Officer- Melody Avok

Accountant - Miram Siba

Provincial Program Managers - Poly Teriri, Seth Karua, Jack K

Development Facilitators – Simon Joseph, Ishmael Raf, Pierrot Kawisel, James Daniel, Tasi Daniel.

Aims

The aim of this organisation is to identify communities with the greatest limitations; isolated and disadvantage communities in the country and through facilitating the development of people, assist them to understand and participate in the development process, work towards a satisfactory standard of life and towards their own future goals including opportunity to respond to spiritual values. The organisation aims to have an integrated holistic development approach to:

· Transformational development - that is community based and sustainable, focus especially on children.

· Promotion of Justice - that seeks to change unjust structures affecting the poor among whom we work.

· Public Awareness - that leads to informed understanding, giving, involvement and prayer

· Emergency Relief - that assists people afflicted by conflict or disaster.

· Strategic Relief - that assists the church in its fulfillment of its mission. Witness to Jesus Christ by life, word and sign that encourage people to respond to the gospel.

10.2 Legal advocacy/lobbying

The organisation is aware of CEDAW and therefore runs awareness workshops but it does not have any focus on achieving law reform or change

The organisation’s activities in 2000/2001 included areas such as Women in Development, Literacy, Water and Sanitation, Primary Health and Income Generation.

Women in Development programs were organised to strengthen the established VNCW’s network by using their women representatives to have regular meetings. Literacy programs are provided due to the high illiteracy rate, especially among women and this has helped individuals to learn to read and write in vernacular in the communities. Water and Sanitation program helps some of the communities to have proper water and sanitation. Primary Health is located in isolated areas of Big Bay bush Santo and other parts of Vanuatu to provide effective medical service delivery in the rural areas. Income Generation programs includes providing sewing machines for women’s clubs, piggery farms and other income generating projects. The programs that World Vision provides have been successful for example, the communities in Malekula, Paama and Tanna that undertook literacy programs can now read in Bislama. The main challenge faced by World Vision is that it can be difficult to boost a woman’s confidence to be able to carry out the newly learned skills.

11.0 District Labour Department

Address: PMB 022

PORT VILA

Telephone: (678) 23233, Fax: (678) 26544

Contact Person: Simeon Tavoa

11.1 Structure

District Labour Departments are divisions under the Labour Department and both departments are under The Ministry of Internal Affairs. The information taken for this section was only from the Shefa District.

Office bearers:

Simeon Tavoa-District Labour Officer

Philip Waiwai – Assistant Secretary Labour Officer

Secretary – Christine Kapere.

There are also other labour offices in Sanma, Malampa, and Tafea but unfortunately, Torba and Penama province do not have a labour office yet.

Aims

The main aims of the Department of Labour are to implement the following legislation: Occupational Health and Safety Act, Employment’s Act, Trade Disputes Act, Trade Unions Act, Minimum Wage Act and Work Permit Act.

11.2 Legal advocacy/lobbying

The Department of Labour focuses on getting new legislation on Industrial Relations and Workers Compensation. The Department of Labour uses individual company regulations in the absence of an Industrial Relation’s Act. At the moment it is difficult to claim for insurance for workers in the absence of a Worker’s Compensation Act. The Department of Labour usually advises companies to join an insurance company to cover for such claims but it cannot force companies to do so. That is why it is now a main focus for the two Acts to be enacted. There are also drafts of new amendments on existing Acts such as the Employment Act.

Any amendments and new legislations have to first be submitted to the Labour Advisory Board then it goes to the relevant government department, then the Council of Ministers and if it gets enough support, it is then forwarded to the State Law Office to draft in a legal language before it is tabled in Parliament to be approved and gazetted.

The main challenges of the Department for not getting its amendments and new legislation passed before Parliament is the constant change of government and thus changes in the focus of the bills being tabled. Party policies can be obstacles to the implementation of certain bills. The other challenge is that sometimes the bill costs too much to implement and is therefore delayed. For example, it is estimated that the Industrial Relations Act will cost approximately 4 million vatu to implement. Because Vanuatu is not a member of the International Labour Organisation this is an obstacle to lobbying and awareness.

12.0 Mother’s Union

Address: C/o- Vila Anglican Church

P O Box 221

PORT VILA

Telephone: (678) 22683

Contact Person: Ruth Dovo (Senior Mother’s Union member)

12.1 Structure and membership

The Mother’s Union of Tagape parish is part of the worldwide Mother’s Union Organisation which originated from England. The office bearers for the Mother’s Union at Tagape Parish are:

Leader- Jeanette Varanleo

Vice Leader- Jeanette Bollen

Secretary- Loma Johnson

Committee members- Julian Titus, Irima Caulton and two others.

The Mother’s Union have four departments which are: Evangelisim, Education, Recreation and Fundraising. Each department has a leader responsible for it. Any person who wishes to become a member of the Mother’s Union will have to attend instruction lessons for 5 months. During this time the new member must learn the objectives of the Mother’s Union.

Aims

These are:

• To understand and follow Christian teaching about marriage and help others to do the same.
• To help mothers and fathers to bring up their children in the faith and life of the church.
• To help Christians everywhere in the world to join together in prayer, worship and work for others.
• To make known to all people good ways to keep family life strong and protect children.
• To help those who have family problems.

12.2 Legal advocacy/lobbying

The Mother’s Union members know about CEDAW. They also contributed to the draft of the Family Protection Bill. Although there is no significant focus on achieving law reform, they do support most of the family issues. The Mother’s Union does not have any policy on law reform because this is not their prime objective and also this is seen as the role of the relevant government department. The Mother’s Union activities involve: visiting the sick, providing spiritual support and counseling to troubled families, providing workshops to up-skill mothers on cooking, sewing, healthcare for the family, and other women’s issues.

The main challenges faced by the group in achieving its objectives are financial strength and commitment of its members.

13.0 Presbyterian Women’s Missionary Union (PWMU)

Address: Presbyterian Selime Church

Ohlen

PORT VILA

Contact Person: Pauline Molisa

13.1 Structure and membership

The PWMU at Selime church is part of other PWMUs in Port Vila such, as Clifton (airport), Malapoa, Ohlen Mataso, Freshwind Ohlen. The Main branch is at Pakaroa church. Each PWMU in their respective areas have their own office bearers. However, the interview for this report was conducted with the PWMU’s at Selime church. The office bearers are as follows:

President- Naomi Kalwajen

Vice President- Melta Mae

Treasurer – Ruth Avok

Secretary – Naomi Dmas

Committee Members- Pauline Molisa, Elder Tou, Ruth Johnson

There is no membership criteria but the members are usually women who attend the Presbyterian Church and any interested person who accepts the main aims of this group.

Aims

The main aims are:

• To do missionary work to help mothers spiritually and to understand the faith.
• Social work such as visiting the sick at homes, visiting the sick in hospitals
• Provide support spiritually and socially by praying for those who have troubled homes and to provide encouragement to its members.

13.2 Legal advocacy/lobbying

One of the senior members of the PWMU stated that they know little about CEDAW because their main focus in on faith and spirituality therefore there is no focus on law reform or change. There is also no policy or activities on how the group should get involved in law reform. However, the activities in 2000/01 included sessions on cooking to help members to cook nutritional diets for the family, getting resource people to give talks, for example, getting VANWODS to provide awareness talk about the Micro-finance Scheme available for women, health programs for health awareness and other issues affecting women.

The main challenges faced by the group in achieving its objectives are:

• Financial constraints to support the operation of the group. This is because the majority of the members are unemployed and it is hard to donate financially.
• Spiritual constraints – maintaining its members to keep in the faith can be hard.
• Limited time- most members do not have the time to organize the activities for the group.

14. 0 The Catholic Church

14.1 The Bishop

Bishop Michel Visi

Mission Catholique Evêchée

P.O.Box. 59

Tel : 22640

Fax : 25342

Port Vila

Vanuatu

The Bishop of the Catholic Church in Vanuatu is Bishop Michel Visi. He was the Chairman of the Vanuatu Christian Council and remains a member of this. He works closely with the Catholic organisations and is also responsible for the administration of canon law in the church. The primary responsibility of Vanuatu Christian Council (VCC) is to advise churches and give directions. VCC encourages the Women Organization, and supports it in principle but is not involved in its organization on the grounds that VNCW is itself well organized and keeps the VCC well informed. VCC has offered a position for women to join the board but they refused, possibly because they felt it would restrict their work.

It should be noted that the Catholic Church is governed by the rules of Canon Law and that the Bishop has a number of powers under these rules.[2] The rules relating to the family and marriage are further developed in a papal decree issued by Pope Jean Paul 11 in 1981.[3]

While the Catholic Church holds that marriage is a sacrament and therefore divorce is against the Holy Laws, the Catholic church recognizes that in some circumstances marriages fail. Therefore, the Church is not encouraging divorce. However it is accepted that when the couple can’t compromise and can’t reconcile, the best solution is divorce. In order to prepare men and women for the responsibilities of marriage and adult relationships, the Church advocates that principles and issues relating to marriage, health care, sex education and other matters are taught from the level of Primary School. There is scope for this within the schools’ curriculum in Catholic Schools although it is not always done. The reason why marriage must be taught from the Primary School is to minimize problems. In so doing, children, when they grow up, would be in a better position to know what is right or wrong. The church advocates mutual respect in marriage. Therefore, for example, if there is violence, it shows that there was no preparation for the marriage to take place. The teaching of marriage and its obligations at an earlier age would have a good impact on these children’s future life. The church has a role to play in developing awareness. In some cases teachers too, will have to learn more awareness and change their views. The priests and the Bishops are the ones who should draw up a guideline for the teachers to follow. This is just a simple application of the Canon Law 1063 paragraphs 1, 2, 3 and 4. The main teaching of marriage was promulgated in the 2^nd Vatican. Indeed, teachers have already set up guidelines, regarding religious education, to teach children. However often teachers are not carrying out these tasks.

The Bishop expressed the opinion that often the actual practice is that advice or education regarding marriage is only taught to a couple who are preparing to get married. This can still happen even where children are taught in school, because when they wish to get married, they will have another, different teaching to prepare them. The Church has constitutive elements of marriage. Marriage is based on the mutual love between the wife and the husband and that mutual love is reflected by their children (Canon 1095). The Bishop expressed the view that proper understanding of the mutual obligations of marriage would go a long way to reducing domestic violence. In particular it could address some of the pressures, changes and confusion caused by modern society. The Bishop expressed the view that women – as men – need to work hard to prevent troubles and to promote women in taking into account families and the society in general.

Although the Catholic Church does not and cannot support divorce, if a marriage is disastrous the Church has the power to declare the marriage as null and void or invalid. Each diocese has a marriage tribunal of first instance. The Bishop is the judge. If the priests present a case, they have to interview the couple, some witnesses and present it to the Bishop to give a final judgment. There has to be a lot of proof. The grounds are that one or both of the parties has broken one of the essential conditions of marriage or did not understand what was expected of him or her in the marriage. Such annulments are not unusual in Vanuatu.

For example, if there is violence is because of one of the couple’s personal behavior one should not insist on keeping the marriage alive. The Bishop has the power to write a letter of decree of separation according to Canon Law: 11.55. When the separation is unavoidable the matter has to be brought to the Ecclesiastical Tribunal. At the same time however the Church recognizes that marital breakdown is very disturbing for the children, so pastoral visitation remains very important. Similarly where a child is a victim of abuse and attends a Catholic School or Clinic, the sister will give medical treatment to the child first and then go to the child’s house to have a meeting with the parents and pray for them. In most cases the parents do recognize their wrongs and stop committing them.

On the topic of children’s rights and the country’s obligations under the Convention of the Rights of the Child, the Bishop expressed the view that the government and the Church should take steps to meet its obligations. The actual situation now is that the government, organizations and the Churches are not that ready to accommodate all the Rights of the Children provided under the UN Right of the Child Convention. More steps should be taken to prevent abuses of children’s rights.

The Bishop also expressed the view that the Court Orders that the Courts are granting, are not solving family problems. An institution should be established to counsel both the husband and the wife. Again, he stressed that the actual situation is not helpful at all. In other words the actual situation is not an ideal solution to domestic problems.

The aim of the Catholic Church is to help people to live according to the laws prescribed in the Bible, and to ensure that they are living peacefully. Two of the main Catholic organisations are considered below.

14.2 Sociétée Saint Vincent de Paul

14.2.1 Structure and Membership

Joseph Tariodo is the President of the Group and he looks after the National Council. He has formerly been Secretary and Treasurer.

The Secretary is Jenny Barako.

There is no established office for the Group.

The Society has now 6 different conferences (i.e. Groups). There are 3 conferences in Efate, 1 in Santo, 1 in Malekula and 1 in Pentecost. It is a charitable organization, established in 132 countries. They have been affiliated under the General Council in Paris. They have different Conferences or Groups in the Society.

There is no fee imposed on the members of the public to join the organization. It has its own Constitution which is applied to all the members.

Aims

The main motto of the organization is to love, share and serve.

14.2.2 Legal Advocacy/Lobbying

The Group does not really know what CEDAW is.

With regards to the laws of the country, the interviewee stated that the Government, who is the main actor behind the laws should not encourage divorce. The main people who have all the burden of the divorce decision are the children. Since they are innocent, the parents should really think before reaching a final decision.

14.3 Sociétée de Marie

Information was supplied by Sister Marie, who is the Regional Sister in charge of the Petites Filles de Marie, which is composed of nuns within the Sociétée de Marie, and Bishop Visi

14.3.1 Structure and Membership

The Society of Mary is an autonomous organization. It is composed of three main organizations:

1. Congregation des Pères Maristes (Congregation of the Marist Priests);
2. Frères Maristes Enseignants (The Marist Brothers who are teaching in Catholic and Public Secondary and Primary Schools across the country);
3. Soeurs Missionaires (Missionary Sisters)

Since it is a religious orgnaisation there is no fee imposed to become a member of the above mentioned Congregations. It depends on the individual’s choice, commitment or vocation.

Aims

The Soeurs Missionaires and the Filles de Marie are helping the communities in the areas of Health, Education and Religious Activities.

The Congrégation des Pères Maristes Enseignants and Frères Maristes enseignants also help the country in the areas of Education, Health, and Religious Activities.

14.3.2 Legal Advocacy/Lobbying

The VCC and the Sociétée de Marie both know what CEDAW means. In the Bishop’s view, the Women’s Organization is well organized and established. Therefore, the aim of the VCC is to encourage what women are struggling for. The VCC and the Sociétée de Marie have no policies on how the two organizations should get involved in Law Reform.

Sister Marie from the Petites Filles de Marie - which is under the Sociétée de Mari – expressed the view that most of the Sisters don’t know what CEDAW is. However, they do intervene, whenever women who are in trouble go to them and seek help.

Most of the women who go to them complain that their husbands are always away, drinking kava at the Nakamal and come home late; that their husbands hardly give them money to support them in their daily duties. They come for help whenever they are beaten up; and most of the time in cases of adultery.

The main focus of the sisters then is to make sure that they give them good advice and pray for them.

She confirmed that most of the time, their prayers are answered. This means that the wife will not come back to them anymore to complain. Some of the couples actually come together to the sisters to have some counselling and others to ask sisters to pray for them. From then, their attitude changes as time goes. The Society only helps the families in difficulties when they approach them, however they will also assist the extended family. For example, when a student comes in, and says to the teacher. who is a brother or a sister, that he has difficulties at home, or when a women comes in a dispensary and says to the nurse who is a nun that she has difficulties at home, that is when the sisters or brothers will go out and help them. Help must be requested.

15.0 Summary and Conclusion

15.1 Summary

• Most of the groups interviewed are well structured. In many cases there appears to have been considerable effort put in to the structure of the executive and the appointment of office bearers. This provides good opportunities for women to participate in the management of such organizations and to be involved in policy making.
• A number of these organisations are either part of larger networks or have their own sub offices and affiliated groups in the provinces and rural areas. This provides the potential for a networking system which could be used to disseminate information and invite views and responses from a large number of women throughout the country. For such a network to work efficiently and productively there would have to be co-operation between the organizations and a willingness to share network links. There also needs to be greater awareness of the activities and programmes of each other other, both to avoid duplication and eradicate misconceptions or misunderstandings – for example, the degree to which other groups were involved in the preparation of the Family Protection Bill.
• Most of the organisations which participated in this research have directly or indirectly developed programmes for awareness of women rights, especially awareness of CEDAW or issues which are covered by CEDAW. Even in the case of the religious women groups or associations which have the ultimate aim to fulfill their religious obligations, there is indirect involvement in awareness programs on women rights. Other NGO groups such as World Vision and VRDTCA have also been involved indirectly on women rights issue by providing awareness workshops on these issues. While this is commendable there are a number of drawbacks – at least as far as law reform is concerned. First, although Vanuatu is a party to CEDAW nothing has been done to give effect to its provisions. Awareness of CEDAW therefore takes women no further forward unless this awareness is then translated into a drive for change. Awareness may just be information sharing. Ideally it should also facilitate attitude changes directed at, among other things, law reform initiatives in Vanuatu. Secondly, it could be suggested that the emphasis placed on CEDAW and women’s rights, has had a negative impact on other issues. For example, one of the reasons suggested for the failure of the Family Protection Bill was that is was seen to be a bill for women against men. This is unfortunate as although it is true that most violence is perpetrated by men against women, the bill might have had a greater chance of success if it had been perceived as gender neutral – which it is. Thirdly, it is clear that there is still quite a lot of ignorance about what CEDAW is and what ratification of it means for Vanuatu. There needs to be awareness not only of what it is but how it can be implemented. In other words what steps groups can take within their own stated parameters of activity to give effect to the spirit and intent of this Convention.
• While most groups have focused on developing awareness few groups appear to have an articulate policy about seeking law reform or lobbying for legal change. There is a tendency for the groups to adopt the view that this is a matter for the government. At the same time there is also realization that the machinery of government is not amenable to effecting changes which might benefit women. This may well be a reflection of lack of faith in the government as an organ that listens to the people or acts for the people especially when the people speaking are women. When women are listened to - as for example with the Constitutional Reform Commission in 2001, then it is important that the voice of women represents not only urban women but also grassroots women. Better use of some of the networks indicated above could facilitate this process. Even where groups do indicate a focus on legal advocacy, for example the District Labour Department, there are clearly difficulties finding an appropriate lobbying process for legal change.
• All organisations face problems of finance and male dominance in the public sector. Many have to cope with male opposition to the message they seek to deliver or the views they want to express. Given that this is the perceived status quo then it would seem essential that these groups work with men to promote change. In this respect it could be argued that women have an advantage. They are better organised in the informal sector than men.

15.2 Conclusion

To conclude, it is apparent that there are a wide range of orgnisations in Vanuatu that could play a pivotal role in changing society. It is also apparent that the majority of organisations researched for this project are actively involved – directly or indirectly - in awareness programs but there is little significant evidence either of any established law reform policy or lobbying technique. The dissemination of information is limited to awareness only. In this respect there could probably be better liaison between the different groups. In particular there needs to be consideration of how information can be best disseminated to women in the islands. Here the church groups provide an obvious answer as they are found everywhere. It is apparent however, that the church groups may be reluctant to be seen to be involved in advocating change or challenging the status quo. Nevertheless it is also evident that church groups do provide support networks, they do encourage self-reliance and the development of skills in women, and their members come from a variety of backgrounds. Churches through their teaching in schools and in places of worship can be advocates of respect for women and children and can – and indeed do – offer women and vulnerable people support. Consideration therefore needs to be given as to how these groups can be encouraged or persuaded to become more involved in rights awareness programmes.

At present the lobbying process, where it is done, is generally done by various organisations that are located in Port Vila. The danger with this is that at a national level the voices of Port Vila may not be representative of women as a whole. At the same time this situation is partly inevitable is due to limited resources for training especially for women’s groups at grassroot level. There is also the question of limited opportunity for effective lobbying in the outer islands. Both in Port Vila and elsewhere the problem is compounded by the obstacles presented by traditional perceptions of women in voicing an opinion or being involved in policy making or decision taking. The more traditional society is the greater these obstacles are, so it is important that urban women keep in touch with the reality of their sisters and colleagues in the islands. To address this greater consideration needs to be given to how groups may lobby and what tactics they might use which are likely to be acceptable and suitable in the real context of Vanuatu. In this respect it is suggested that it is essential to ‘go with the flow’ rather than against it. For example, the recent elections suggest that women seeking to enter politics are much more likely to be successful if they stand within the party system rather than outside it as independents. One approach therefore might be to encourage and explore avenues for facilitating the formation of women’s chapters or groups within political parties. Similarly within organisational structures, for example, in the work place, women should be encouraged to play an active role on committees, advisory boards etc. At the same time consideration should be given to means by which women who are not in the work place can be encouraged to develop self-confidence and leadership skills. A number of initiatives in respect of the above have already been taken. It is important that these are not abandoned. Two out of three women who attend a training work shop or skills course may fall by the wayside due to family pressures, health or other reasons. Progress therefore, is likely to be very gradual.

To date nothing has been achieved to give effect to CEDAW by way of domestic legislation. If change is to take place and if some, at least, of the expectations raised under CEDAW are to be given practical effect through the legislation of the country then it is essential that the strengths apparent in the organisations considered are used co-operatively and constructively so that even if progress is only gradual it is coherent and not piecemeal. The role of the Department of Women’s Affairs and the recently resurrected umbrella organisation VANGO (Vanuatu Non-governmental Organisations) have an important role to play here. At present there is considerable overlap between the different organisations. This is not necessarily a bad thing if repeating a message in different ways and to slightly different people makes it more effective. However if resources are limited it would be better for organisations to consider how they might best deploy these resources to greatest effect. It will also be necessary for organisations to decide where their focus lies and what they want to achieve for women in the coming years. If this includes law reform then perhaps it is time to consider the tactics of lobbying for legal change and what measures might be most effective in the particular context of Vanuatu. Legislation alone will not change anything, and it might be that other approaches should be considered if the likelihood is that these will be more effective.

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[1] The 18 committees are in most of the islands in Vanuatu such as Paama, Pentecost, Santo, Malekula, Ambae, Tanna, Ambrym and Epi.

[2] Code of Canon Law Latin-English Edition Canon Law Society of America, 1983.

[3] Exhortation Apostolique Familiaris Consortio de sa Saintete le Pape Jjean-Paul 11 1981