(o-) New Crime Decree Mixed Benefits

The new Crime Decree 2009 to come into effect in February has many commendable features; one understandable feature (on prostitution) is an improvement but prostitution is still illegal; and one feature (on abortion) that one reader calls "draconian." The Decree is taking a while to be published on the Government website so my comment is based on media releases only. First the commendable features:

The Decree is the first revamp of crimes legislation in a hundred years. It includes sound and generally progressive provisions relating to corruption, rape, and procurement of prostitution. New offences such as genocide, crimes against humanity, slavery, sexual servitude and deceptive recruiting and trafficking in persons and children now also fall under this decree. Previously Fiji was not compliant with international laws on trafficking. Internet and cyber offences will also be criminalised. Click for link one two. Provision is made to ensure greater consistency in sentencing for similar offences.

And now the less commendable: the limited grounds for legal abortion (only where pregnancy would cause danger to the pregnant woman's life) and the "draconian" penalties for breaking the law (medical practitioner, up to 14 years imprisonment; self-induced abortion 7 years). Attorney-General Aiyaz Sayed-Khaiyum, speaking of other parts of the Decree, said it brought Fiji into the 21st century. The abortion provisions most certainly do not do this. Most Western and Asian countries now make properly supervised abortion legal on several grounds that include the physical, mental and emotional health of the woman; teenage pregnancy; foetal abnormality or impairment; transfer of a serious congenital condition to the child; rape, and incest. As far as one can tell, Fiji makes no provision except for the danger of the woman losing her life. If international records are valid for Fiji, far more deaths will now occur due to illegal abortions.

The whole question, of course, has gender-biased, moral, cultural and religious overtones. The Fiji Daily Post claims abortion "goes against all religion" when, in fact, abortion only goes against certain interpretations of the sacred books of two major religions --- that also proscribe fornication, adultery and other "sins", none of which are punishable in Fiji civil law.

But the issue also has goverance implications. A major problem of legislating by Decree is that proposed legislation gets inadequate airing. I wonder how many women, and how many non-Christian, non-Muslim and non-religious people were consulted on this one. A Government concerned for the well-being of all its citizens should consult very widely, and not impose its religious values on those not sharing these values.

They should also show more compassion and make more allowance for human error (""Let he who is without sin cast the first stone.") I would like to hear how the Minister of Health, Dr Jiko Luweni, a doctor and the sole female member of Cabinet, explain her support for this legislation.

Photo: Dr Jiko Luweni. Fiji Daily Post.