We have noted from the State Report dated 10 February 2012 that
while ‘there is yet to be specific race legislation or domestic law on
racial discrimination per se, there are laws that prohibit discrimination
on the grounds of race.
The State has been progressive in its efforts to cover race based
discrimination in its domestic laws. The Human Rights Commission
Decree does cover racial discrimination and other Domestic Laws
which have covered CERD are the Executive Authority Decree
number 2 of 2009, State Services Decree, Administration of Justice
Decree, Employment Relations Promulgations 2007, Crimes Decree,
National Employment Centre Decree, Media Decree, iTaukei Affairs
Amendment Decree, and the Public Order Amendment Decree 2011.
However, a law revision on these is necessary to meet all
requirements under CERD.
6.0 Recommendation 16:
“...the State Party take all necessary measures to ensure that the
registration of ethnic identity in Fiji is made on the basis of selfidentification, and that the operation of the present system does not
lead to discriminatory treatment”.`
The Commission notes that the Government has now put in place a
name for all citizens living in Fiji as “Fijians”. The streamlining
through the removal of race from all Government forms is a welcome
move.
7.0
Conclusion
1) That the State ensures that the Fiji Human Rights Commission be
adequately resourced in accordance with the Paris Principles
(General Assembly resolution 48/134, of 20th December 1993);
2) That the State amends its laws in full compliance of the
Convention against the Elimination of Racial Discrimination;
3) That the State ensures that race based voting is eliminated from the
new Constitution;
_______________________________________________________________________________________________________________________________
Level 2, Civic Tower
Phone: (679) 3308577
Victoria Parade
Fax: (679) 3308661
5
SUVA
Email: info@fhrc.org.fj