[HRA 11]
[HRA 11]
LAWS OF FIJI
s 11
Functions of the Commission
11 (1) Subject to subsection (2), the functions of the Commission are—
(a) to educate the public about the nature and content of human rights;
(b) to make recommendations to the Government about matters affecting
compliance with human rights;
(c) to promote and protect human rights of all persons in Fiji;
(d) to perform such other functions as are conferred on it by this Act or any written
law.
(2) Notwithstanding anything contained in this Act or any written law, the functions,
powers and duties of the Commission do not extend to receiving complaints against, or
investigating, questioning or challenging, the legality or validity of the Fiji Constitution
Amendment Act 1997 Revocation Decree 2009 or such other Decrees made or as may be
made by the President.
(3) For the purpose of performing its functions the Commission has the powers and
duties conferred by this Act.
[HRA 12]
Powers and duties of the Commission
12 (1) The Commission has the following powers and duties—
(a) to increase general awareness of human rights, including by making public
statements and educating public opinion and public officials, coordinating human
rights programs and acting as a source of human rights information;
(b) to invite and receive representations from members of the public on any matter
affecting human rights;
(c) to consult and cooperate with other persons and bodies concerned with the
promotion and protection of human rights;
(d) to inquire generally into any procedure or practice whether governmental or
non-governmental, if it appears to the Commission that human rights are, or may
be, infringed thereby;
(e) to make recommendations to the Government on the desirability of legislative,
administrative or other action so as to give better protection to human rights;
(f) to promote better compliance in Fiji with standards laid down in international
instruments on human rights;
(g) to encourage the ratification of international human rights instruments by the
State and, where appropriate, to recommend the withdrawal of reservations
entered to those instruments;
(h) to advise the Government on its reporting obligations under international human
rights instruments and, without derogating from the primacy of the
Government’s responsibility for preparing those reports, to advise on the content
of the reports;
(i) to make recommendations on the implications of any proposed law or any
proposed policy of the Government that may affect human rights;
(j) to investigate allegations of contraventions of human rights and allegations of
unfair discrimination, of its own motion or on complaint by individuals, groups
or institutions on their own behalf or on behalf of others;
(k) to resolve complaints by conciliation and to refer unresolved complaints to the
courts for decision;
(l) to advise on any human rights matter referred to it by the Government having
regard to the available resources and priorities of the Commission;
(m) to publish guidelines for the avoidance of acts or practices that may be
inconsistent with or contrary to human rights;
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