Social Justice Act 2001

TO IMPLEMENT THE SOCIAL JUSTICE PROVISIONS (CHAPTER 5) OF THE CONSTITUTION BY ESTABLISHING PROGRAMS OF AFFIRMATIVE ACTION AND FOR RELATED MATTERS

2.-(1) This Act comes into force on a date appointed by the Minister by notice in the Gazette.

(2) This Act expires on its tenth anniversary in accordance with section 44(7) of the Constitution.

(2) For the purpose of section 44(6) of the Constitution, "the Minister" in respect of a program means the relevant Minister responsible for the administering department or other agency specified in the Schedule in respect of the program.

(3) For the avoidance of doubt, any program or measure relating to access to land and housing is not to be construed as providing equality of access to any existing rights, interest or entitlement to ownership of land.

4.-(1) Each of the programs specified in the Schedule is established for the purpose of section 44 of the Constitution.

(2) In the Schedule, the following terms are to be construed in accordance with section 44(2) of the Constitution, namely-

(2) The relevant Minister must table the annual report in Parliament no later than 30th September following the year to which the report relates.

7. (1) The Minister may make regulations to give effect to the provisions of this Act.

(2) The Minister may, by regulations, amend the Schedule.

8. For the avoidance of doubt, it is declared that all programs of affirmative action Schedule that were in place at the commencement of this Act comply with section 44 of the Constitution.

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
1	Ministry of Finance and National Planning	Small Business Equity scheme	Fijians as registered under the Vola Ni Kawa Bula Rotumans as defined under the Rotuma Act (Cap. 122) Other communities	In the case of Fijians and Rotumans, the assets or annual turnover or both must not exceed $100,000 In the case of other communities, the assets or annual turnover or both must not exceed $50,000 Must comply with other Fiji Development Bank's lending requirements	To provide access to and to promote establishment of small business	Equity funds to meet the approved percentage of project cost to enable the borrower to access soft loan at a subsidised interest rate	A substantial increase in the participation in small business

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
2	Ministry of Education	Enhancement of Fijian and Rotuman Education.	Fijians and Rotuman students in government run schools. Fijian and Rotuman students in non-government schools (Committee Schools).	Must be a Government School or a Committee School	To strengthen the administrative structure of Fijian schools. Increase, modernise or upgrade school facilities. Upgrade the quality of education. Improvement of schools to deliver quality output.	Provision for finance. Provision of professional and expert advice. Provision of quality staff and quality programmes. Monitoring and supervision. Provision of quality facilities including computers and electronic equipments. Establishment of standards. Payment of fees.	Increase in the quantity and quality of Fijians and Rotumans attaining higher education. Increase in quality Fijian and Rotuman teachers (with tertiary qualifications) in schools for Fijians and Rotumans. Better academic results and excellence achieved

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
3	Ministry of Education	Program to improve education in rural areas and disadvantaged schools.	Students in neglected and poorly managed schools. Students in schools with poor or low academic achievements. Students in schools with poor and low standard facilities. Students in schools that are unattractive to well qualified teaching staff. Students in schools with proven management and administration difficulties problems.	Students of families with an annual income of not more than $8,000.	To enable the target group have access to quality education at pre-school, primary and secondary levels and tertiary education. To enable the target group to pursue excellence at all levels.	Provision of grant to school management. Provision of rural allowance and incentive allowance to teachers. Provision of facilities. Provision of posting allowance to rural schools.	Improved standards of all schools in rural and semi-urban areas with schools in better locations. Greater access to qualified teachers. Uplift general standards of educations at all levels.

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators
4	Ministry of Education	Vocational training and attainment of employable skills in and out of school.	School leavers who normally reside in rural and semi-urban areas and without formal qualifications	Person between 15-25 years of age (school leavers and youths) Early school leavers (with minimum post primary qualifications). Non-achievers from disadvantaged background Person with Disadvantaged parents or guardians (inability to pay fees, etc.)	For target group to have access to education in order to acquire employable skills (vocational skills). To enhance personal educational development. To enhance opportunity for employment. To enhance participation in economic, social and other activities. To provide opportunity and access to further education	Provision of Vocational and Technical Training. Provisional of suitable qualified teachers and other resources. Advice in Management/Administration. Fees subsidy.	Attainment of self-employment and income generating projects by graduates

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
5	Ministry of Education	Improvement of educational opportunities for studies with disabilities. (Special Education)	Students who are mentally physically and intellectually impaired	Disabled students from birth, preschool level and above (includes the blind, those with hearing defects, mentally and physically disabled)	To improve the access to education at preschool, primary, secondary and tertiary education - of disabled students.	Increase in grant level. Provision of special equipment and resources. Overseas training of special teachers. Increase teacher establishment. Build more schools which are friendly to disabled people. Develop policies prioritising special education needs.	Improve access. Improve standard of education provision in special schools. Raise standard of living of people/students with disabilities.

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
6	Ministry of Commerce, Business Development and Investment	Small/micro enterprise development	Women, youths, disabled (mental and physical), unemployed and low-income earners	Must have ability, skills or knowledge to run or be involved in a small/micro enterprise business or project. Must have interest and desire to establish a small/micro enterprise. Must have an annual income of not exceeding $6,500 Must comply with other requirements and conditions specified by the Government or relevant agencies	Establishment and development of small/micro enterprises by economically disadvantaged groups, including women, youths, disabled, unemployed and low-income earners. Provide access to the target groups to participate successfully in economic and development activities. Establishment and development of small/micro enterprises in villages, settlements and townships.	Establishment of the National Centre for Small and Micro Enterprise Centre. Provision of finance Provision of support structure and institution conducive to development and viability of small/micro enterprises. Provision/assistance through meeting finance, marketing, technology, information and advice. Provision and facilitation of training in entrepreneurship and business management	More small/micro enterprises established. Increased participation of target group in business and commerce. Employment generated in villages, settlements and townships. Uplift standards of living of target group

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
7	Ministry of Commerce, Business Development and Investment	Increase Fijian and Rotuman participation in business.	Fijians as registered in the Vola Ni Kawa Bula Rotumans as defined under the Rotuma Act (Cap. 122)	Must have ability, skills or knowledge to run or be involved in a small/micro enterprise business or project Must show interest and desire to participate in business and commerce Must meet minimum/standard requirements of assistance offered. Must own or have a majority interest in a duly registered company or other similar entity	To promote and facilitate increased participations of Fijians and Rotumans in commerce and business. To facilitate the equitable distribution of wealth derived from government activities to the Fijians and Rotumans To assist Fijian and Rotuman business secure equitable proportion of income from government contracts etc.	Provision of training and business research and development, and pilot projects through Nation Small/Micro Enterprise Development Centre. Reservation of minimum 50% Government shares, licences, and contracts to Fijians and Rotumans	Increased participation of Fijians and Rotumans in commerce and business. More Fijians and Rotumans have share in Government owned enterprises More Fijians and Rotumans in import/export activity More Fijians and Rotumans develop and gain business acumen skills. Increased employment opportunities for the communities.

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
8	Public Service Commission	Student Loan scheme	Students of low income families	Students must he between 18 and 25 years Students must obtain admission from a local tertiary, technical or vocational training institute Annual income of both parents or guardian must not exceed $12,000 per year	Equal access to education and training	Student loan for tuition, accommodation and other allowances	Increase in the number of students accessing such loan scheme

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
9	Public Service Commission	Renting of Fijian and Rotuman owned premises by Government	Fijians registered in the Volu Ni Kawa Bula Rotumans as defined under the Rotuma Act (Cap. 122).	Must have a commercial building or other commercial property available for rent The Commercial building or other commercial property must be owned by a Provincial, or Tikina Council or the Council of Rotuma or a holding company of a tikina, province or of Rotuma There must be a Government need for office space	Assist Fijians and Rotuma through their Provinces, Tikinas & the Council of Rotuma participate in commerce	Government to rent premises on such long term rental agreement	Increase in the income of Provinces, Tikinas& Rotuma Establishment of other income generating activities through rentals Increase participation in the economic development of Provinces, Tikina and Rotuma and the nation

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
10	Ministry of Lands and Mineral Resource	Loan grant to purchase ancestral land now in freehold	Fijians whose ancestral land have been alienated through	Must be a landowning unit Owner of freehold land must be a willing seller Purchase price of the freehold land must be based on the market value Landowning unit must have the capacity to pay back loan grant Landowning unit must not have sufficient land available	Access to and possession of alienated ancestral land	Government to purchase ancestral land on behalf of the landowning unit through an interest free loan grant	The number of ancestral land returned to the targeted group

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
11	Prisons Department	Vocational training for serving prisoners	Serving Prisoners	Must be serving a term of imprisonment of 2 years or more Must have potential and capacity to undertake such training Must have some practical experience in the area of training Must show willingness or indication to be a law abiding member of the community upon release from prison	To provide access to training to certain class of serving prisoners for the purpose of encouraging them to be good citizens and assist them participate in gainful employment	Provision for seed fund for the purpose of farming Advisory services and assistance through the Small Business Unit and Fiji Development Bank Advisory services and assistance through the Small Business Unit and Fiji Development Bank Advisory services and assistance through Extension Unit of the Ministry responsible for Primary Industries Monitoring and coordination of agency through the Provincial/Tikina/rural advisory councils and villages or other relevant councils or authorities or other communities	Increase in integration of ex prisoners into the society Decrease in re-offending of ex prisoners Increase participation in commerce by ex prisoners

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
12	Regional Development	Self Help Housing Assistance in rural areas	Fijians registered in the Vola Ni Kawa Bula. Rotumans as defined under the Rotuma Act (Cap. 122). Banaban as defined under the Banaban Settlement Act (Cap. 123)	Must live permanently in village or rural settlement housing recognised by a provincial council, the Council of Rotuma or the Rant Council of Leaders Must not possess a house Application must be endorsed by the Turaga ni Koro or Headman or other authorised persons Must contribute one-third of the approved costs.	Access to housing	Government to provide two-thirds of the approved costs of the house	Improved living conditions in rural areas and increase in number of houses built through the assistance

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
13	Multi Ethnic Affairs	Scholarship	Other communities(except Fijians and Rotumans)	Joint income of both parents or guardians must not exceed $10,000	Equal access to education and training through scholarship grant by the Government	Scholarship grant	Increase in achievement of higher education by other communities Reduce disparity between other communities
14	Multi Ethnic Affairs	Government grant for cultural training and enhancement	Other communities (except Fijians and Rotumans)	Must have performed or capable of performing cultural activities locally and internationally	Access to cultural training and enhancement	Government grant to assist Cultural Training Centres Providing cultural training activities	Increase in cultural performances by other communities

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
15	Regional Development	Self Help Projects in relation to housing and other business projects	Fijians residing in villages Citizens residing in other community settlements	Must reside in village or settlement Must have potential and capability to undertake business project or have a need for housing. Must contribute one-third of the approved costs of the project or housing Cost of project or house must be within the approved costs of the project	Access to housing or participation in income generating projects	Two-thirds Government financial assistance of the total approved costs of project or housing	Increase in better housing villages and settlements Increase in citizens residing in villages/settlements participate in income generating projects

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
16	Ministry of Agriculture	Acquisition and development of land for agricultural purposes	Fijian Resource Owners Landless Fijians and Rotumans and other communities	Must have the ability and potential to farm land In the case of landless persons, must not own or possess any land for farming	Access to land for agricultural purposes	Government assistance in acquiring and developing farm lands	Increase in the number of acquired or developed agricultural lands Increase in the number of settled farmers

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
17	Department of Fisheries	Providing Fishing & Processing Licences & contracts	Fijians registered under the Vola Ni Kawa Bula Rotumans as defined under the Rotuma Act (Cap. 122)	Must have the necessary skills and experience in the relevant fishing industry activity Must be a competent business person/company	Promote participation of Fijians and Rotumans in the commercialisation of the Fishing Industry	Quota of 50% Offshore and EEZ licences and Processing licences to be reserved for Fijians and Rotumans Award of up to 50% contracts to individuals or wholly Fijian or Rotuman owned company	Increase in the number of Fijians and Rotumans participation in the Fishing Industry

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
18	Department of Forests.	Participation of resource owners in the Forest Industry	Fijians as registered in the Vola Ni Kawa Bula	Must be owners of forest resource Must demonstrate capability, skills and knowledge to participate in the Industry	Assist forest resource owners participate in the commercialisation of the forest resources	Establish tree felling groups through grant seed capital interest free loan and, capability, skills and knowledge training Participation in value added processing of the timber resource and provision for grant seed Capital interest free loan and, capability, skills and knowledge training Establishment of sawmills on outer islands and grant seed capital, interest free loan and, capability, skills and knowledge training provision	Increase involvement participation of resource owners in the forest industry

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
19	Department of Social Welfare	Family Assistance Scheme	Citizens who have no income and no regular support from immediate relatives within the following group- - persons who are over 60 years - persons with disabilities - chronically ill/infirmity - deserted wives - solo parents - widows	Means test (income less expenses plus entitlement) Must produce medical certificate, birth or death certificate or court orders or other relevant evidence	Provision of adequate basic needs To relieve financial and social hardship	Cash allowances within the approved allowance per month per family Individual and family counselling Provision of emergency relief supplies (Clothing and food) Home visitation	Improvement in living standard Improve family stability Adequately meeting basic daily needs

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
20	Department of Social Welfare	Poverty Alleviation Project	Recipients of family assistance and care and protection allowance Victims of fire Ex-servicemen pensioners Street kids Ex prisoners	Supporting letter from the implementing Non-Governmental Organisations or agencies Confirmation letter ex-servicemen associations In the case of ex prisoners, a confirmation letter from the authorities or ex prisoners' association or provincial authorities, evidence that he/she has successfully completed skills training in relation to the project and a feasibility study of the project	Improve family living condition in respect to housing Assist beneficiaries have access to income generating ventures Constructive rehabilitation of street kids	Provide building materials Cash grant of up to $5,000 for income generating ventures Non-Governmental Organisations or agencies to provide support for implementation of projects	Reduction in numbers of families receiving family assistance and care protection allowances Reduction street kids Improve quality of life Increase in the targeted groups undertaking income generating projects.

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
21	Department of Social Welfare	Coordination of care and rehabilitation of persons with disabilities	Persons with physical or mental disability	Must be a "disabled person" as defined under the Fiji National Council for Disabled Persons Act 1994	Ensure that disabled persons have access to education and training, land and housing, or participate in commerce or in State services	Inclusion of disability needs at all levels of development Provide resources to achieve goals of the program Government grant to the National Council of Disabled Persons for the purposes of achieving the goals of the program	Increased employment opportunities for disabled persons Increase in recognition of contribution of persons with disabilities Increase awareness of the needs and plight of disabled persons

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
22	Ministry for Tourism	Participation in the Tourism Industry to ensure collective equality in access to commerce	Fijians as registered under the Vole Ni Kawa Bula	Fijians who have potential for development for tourism or natural resources development or interest in the commercial sector	To encourage Fijians to participate in the Tourism Industry through formation of commercial entities and other tourism projects To facilitate employment in the private commercial tourism sector at all levels Fijians to acquire shares in the resorts and hotels located on their land	Acquisition by Fijians of shares in hotels and resorts located on their lands Advisory services and assistance offered by the Government or other agencies in relation to small business Scholarships for further education, training or skills development in the Tourism Industry Capital investment and equity financial support provided by the Fiji Development Bank through subsidised interest on business loans and a small/medium business equity scheme Equity Employment Programs Access to micro-credit schemes provided by the Government and other agencies Seed Capital provided by Government to be administered a Government investment company, as a catalyst to large investment projects and equity in eco-tourism projects	Increase in Fijians participate in the tourism ventures Increase in Fijians acquiring shares in resorts and hotels located on their land Increase the number of Fijians in tourism related employment at all levels of the Tourism Industry

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
23	Ministry of Youths	Trade training for rural youths	Youth	Citizens who are 16 years or above Must reside in village/rural area Interested in trade training	Access to training and development of skills trade	Setting up of Trade Training School by the Republic of Fiji Military Forces Trade Training Programs by the Republic of Fiji Military Forces.	Improve the tradecraft skills in rural areas Increase in rural youths participating in income generating projects.
24	Ministry of Youth	Training and employment of youths into Discipline Services	Youths	Citizens who are between 18 and 25 years Qualified to be enlisted into the Fiji Police Force Special Constabulary or enlisted into the Republic of Fiji Military Forces	Train, encourage and promote discipline in youths	Recruitments programs by the Fiji Police Force and the Republic of Fiji Military Forces	Increase in employment of youths
25	Ministry of Youth	National youth service Scheme	Youths	Unemployed school leavers	Access to further training and to promote discipline	Establishment of training centres Provision for recruiting programs by responsible agencies	Increase in the numbers of employable skill in the labour force Reduction in ban drift.

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
26	Public Rental Board	Rental subsidy	Tenants of Public Rental Board	Must be a "worker" within the meaning of the Housing Act (Cap. 267)	Access to housing for certain classes of workers	Rent subsidy by the Public Rental Board	Increase in numbers of workers assisted through the program Increase in home ownership
27	Ministry of Local Government, Housing, Squatter Settlement and Environment/Housing Authority	Providing land for housing of squatters	Person squatting on any land and has vacated or has been required to vacate the land	Person must not own any land or house	Provide land and housing for squatters	Leasing of residential land (subsidised cost) Acquisition, development and upgrading of land (roads, drains, water, etc.) Government subsidy of certain percentage of development cost	Reduction in squatters More land acquired for housing of squatters

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
28	Fijian Affairs	Education scholarship	Fijians as registered in the Vola Ni Kawa Bula Rotumans as defined in the Rotuma Act (Cap. 122)	Must meet the minimum qualification requirements for entry into higher education or courses Must provide evidence of acceptance of enrolment to the relevant institution Must satisfy other conditions set by the Ministry	To provide access to education and training to enable Fijians and Rotumans have parity with other community in respect to professional and technical fields.	Provision for full or partial scholarship (Full scholarship covers tuition, establishment and allowances. Part scholarship covers tuition only)	More Fijians and Rotumans attaining professional and technical and other high educational qualifications

NO.	Administrating Ministry or Agency	Affirmative Action Programs	Targeted Persons or Groups to Benefit	Selection Criteria for Target Groups	Goals of Affirmative Action Programs	Means of Assistance	Performance Indicators of the Programs
29	Fijian Affairs/Centre for Appropriate Technology & Development	Technical and vocational training	Fijian youths as registered in the Vola Ni Kawa Bula Rotuman youths as defined in the Rotuma Act (Cap. 122)	Must reside in a village or in the Island of Rotuma Must be endorsed by the relevant provincial or tikina councils or the Council of Rotuma	Access to training to facilitate participation of youths in commerce, agriculture, aquaculture and rural based industries	Technical/vocational training courses and workshops Student placements Rural networking Community projects	Improved contribution to the development of villages Better qualifications and skills level among Fijian and Rotuman youths Greater participation by resource owners in commerce, tourism, agriculture, aquaculture, etc. Improved standards of living in Fijian and Rotuman villages

Passed by the House of Representatives this 7th day of December 2001.

Passed by the Senate this 20th day of December 2001.

Fiji Sessional Legislation

Social Justice Act 2001