FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION
ANNUAL REPORT 2018
24
Goal 1 Monitoring,
Investigations and
Compliance
Monitoring, Investigations and Compliance are a
core function of the Commission. Section 45 (4) (c)
and (e) of the Fijian Constitution and section 12(1)
(j) of the Human Rights and Anti-Discrimination
Commission Act confers to the Commission the
powers to investigate allegations of contraventions
of human rights as well as allegations of unfair
discrimination either on its own motion or on the basis
of a complaint by individuals, groups or institutions
on their behalf or on behalf of others.
Section 45(5) of the Fijian Constitution provides
that any person has the right to lodge a complaint
with the Commission alleging that a right or freedom
guaranteed under the Constitution has been denied,
violated or infringed, or is threatened. Furthermore,
section 45 (4) (e) of the Constitution and section 12
(1) (k) of the Human Rights and Anti-Discrimination
Commission Act empowers the Commission to
secure appropriate redress if human rights have been
violated through conciliation or making application
to court for redress or for other forms of relief or
remedies.
A total of 154 files were opened in 2018. This
included complaints in relation to alleged breaches of
the constitutional provisions under chapter 2 – Bill of
Rights, breaches of the Crimes Act, requests for judicial
redress and amicus applications, enquiries, clients
seeking advice and assistance of the Commission,
civil matters and complaints of alleged Police and
Corrections misconduct. Upon assessment, it was
established that some complaints were inter-sectional
in nature. These complaints had multiple human
rights infringements. The total number of complaints
received by the Commission in 2018 was 192.
The number of complaints received by the
Commission is indicative of the gradual restoration
of public confidence in the national human rights
commission since its resuscitation in 2016.
Section 45(5) of the Fijian
Constitution provides that any
person has the right to lodge a
complaint with the Commission
alleging that a right or freedom
guaranteed under the Constitution
has been denied, violated or
infringed, or is threatened.
Complaints of infraction of rights
guaranteed under the Fijian
Constitution