In 1986, along with a few other intrepid women we founded the Fiji Women’s Rights Movement (FWRM) which began the quest for legal equality for women. In 1991 I applied for the US Fulbright scholarship and won it, but was unable to take up my scholarship at the prestigious Stanford University because I was unable to get permission from the Government to go on paid study leave. In a memorable statement to my boss, the Solicitor General, the then Secretary of the Public Service Commission, Poseci Bune wrote, “we are unable to grant you paid study leave because women’s issues are not a priority for Government”. What a remarkable statement. Fancy saying that to half the population of this country. I gave up the Fulbright scholarship and the opportunity to study in the US, a long held dream. I have since sat back and watched with satisfaction whilst the state has had to change its policies.

I then applied for and won two Australian Federation of University Women scholarships and began my Masters’ level feminist/gender studies at the University of Sydney in 1991. I began traveling around the Pacific Islands in 1992 funded by The Asia Foundation collecting data on women’s legal status for a 700 page book now published by the FWRM under the title Law for Pacific Women: a Legal Rights Handbook. A grant from UK–DFID allowed me to start writing the book whilst on maternity leave. I had had my two children in 1993 and 1994, and was spending some time at home.

A substantial part of the book focuses on family law. It took 7 years to complete and was launched in 1998. The book is a text book for USP Law School and the proceeds of the sale of the book go to FWRM for its human rights projects. In the meantime a combination of these quests and my experiences in the Public Legal Aid office drove FWRM and I towards the battle to reform the Family law.

In 1992 FWRM got funds from UN ESCAP and support from UK-DFID to mount a massive public education mass media campaign on the family law. We published articles and leaflets, did radio shows and talk backs; public lectures, seminars and workshops educating the community on specific aspects of the current family law and the changes necessary. A massive advocacy and lobbying campaign was launched by FWRM which consisted of discussions with various Ministers, MPs and powerful opinion shapers in society. The Ministry of Women worked with the NGOs from inside Government to gain support for change.

In 1996 the Fiji Law Reform Commission agreed to a formal reference on changing the family law through the support of the then Director of the Fiji Law Reform Commission, Florence Fenton (now managing partner of Munro Leys law) and the then Attorney General, Ratu Etuate Tavai. This reference was an appropriate response to a massive public outcry about the need for change. My employer, the RRRT supported the project in a variety of ways including me providing technical support for the reference. In 1999 after a series of public consultations lasting 3 years as Commissioner, the FLRC and I produced a 400 page report title “The Family Report 1999: Making a Difference to Families in Fiji”. Cabinet approved the drafting of a Family Law bill based on the drafting instructions in my report. This led to the appointment of Deputy Chief Justice, Alan Barblett, of the Australian Family Court as drafter of the Bill.

The Bill was ready in May 2000 when the Fiji Labour Party was in power but did not reach the formal stage because of the crisis of 2000. It is credit to that party that it continued to support the Bill up to its passing. Another round of lobbying for the Bill began in Jan 2002 after the return of the women’s delegation from New York reporting on the Fiji Government’s obligations on the Convention on the Elimination of All Forms of Discrimination Against Women to the Committee of Experts. The Experts had highlighted the urgent need for change in its findings to the Government, stating that the family law were archaic and discriminated against women and children. The current Ministry of Women was equally keen to get the Bill back on the legislative agenda. The Bill is an excellent example of successful collaboration between the Ministries of state, the Fiji Law Reform Commission and civil society working hand in hand for similar goals.

The AG and showed considerable support for change clearly understanding the need for reform, having himself at various stages in his career, practiced family law. We were also fortunate that the current Solicitor General, Nainendra Nand, had been for a time, Public Legal Advisor at Social Welfare, (the same position I had held) and had shared similar frustrations. Cabinet was agreeable to the Bill being tabled. I was then reappointed Commissioner for Family Law in early 2002. RRRT continued to support the project. The Bill was put in its present form to be formally debated by the current SDL led Coalition Government in April 2002.

Another round of extensive consultations occurred during the whole of 1992-3 through the joint sector Committee of Parliament consisting of 31 MPs. The First Parliamentary Counsel, Rupeni Nawaqakuta, who had taken over drafting responsibility, (and who has improved it) and I appeared several times before the Committee to answer questions. The Sector Committee consisting of all sides of the House submitted a report to Parliament showing support for the Bill but recommended over 50 amendments including several deletions.

This Government, particularly the Attorney General has put its solid weight solidly behind the Bill despite the considerable opposition and controversy based mainly on misunderstanding of its contents. At the end of the day there is little doubt that the Bill, with its 39 amendments and 3 deletions, belongs firmly to this Government. They have made it so. The amendments in no way take away from the substance of the law. In many ways they improve the Bill.

Not all stakeholders are happy with all parts of the new law, but all legislation has to be a compromise of many different views. That is the nature of democracy.

Too many thanks are owed to many people. They cannot be named here. All have played their part. This Bill is not the product of one person’s vision but the product of many forces operating in concert, converging together at one fortunate time. The state and civil society have both played significant roles. The Bill is testimony of good governance in the best sense of the word, the full participation of the community with the state supporting that participation. As the AG said in his introduction speech, all people’s legislation should follow this process, this is law making at its best.

On 17 and 24 October 2003, after 3 weeks of interesting, sometimes awe inspiring, debate, the lower and upper houses of Parliament passed the Bill into law. The Family Law Act 2002 would become effective on 1 January 2005 when the new structures and personnel can be put into place. It was an historic day. All sides of both Houses unanimously supported the Bill. One day I will write a story about some of anecdotes, side stories and hilarious and anxious moments behind even this story. But that is for another day.

This is the second article detailing the story behind the Family Law Bill. Next week we well look at the structure of the new system and the counselling services.