26
FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION
ANNUAL REPORT 2018
Nature of Complaints
Section 10 – Freedom from slavery,
servitude, forced labour and human
trafficking
Section 8 – Right to Life
The Commission received a complaint of alleged
breach of section 8 of the Fijian Constitution on the
right to life. It was alleged that police brutality led
to the death of the complainants boyfriend after he
was arrested outside a nightclub and assaulted. The
Commission has filed a constitutional redress case in
the Suva High Court in this matter.
Section 9 – Right to Personal Liberty
The Commission received three complaints in breach
of section 9 of the Fijian Constitution. It was alleged
that the proprietors of a humanitarian and educational
NGO, without the consent of the complainant
(while he was serving term in prison) uploaded his
testimonials on Youtube and broadcasted the same
on air. This led to the complainant’s children and
spouse being harassed by members of the public. In
another matter, it was alleged that during a house raid
by Police, the complainants mother was searched by
male police officers. The Commission also received a
complaint of marital rape.
The Commission received two complaints for alleged
breach of section 10 of the Fijian Constitution. It was
alleged that 3 Bangladeshi nationals were trafficked
into Fiji and forced into labour by their employer. In
another matter, it was alleged that 4 Indian nationals
were forced into labour in deplorable condition and
under-fed. Both matters have been referred to the
Labour Ministry. The Commission has received
confirmation that investigations by the Labour
Ministry has commenced in relation to these matters.
Section 11 – Freedom from Cruel
and Degrading Treatment
The Commission received ten complaints in relation
to cruel and degrading treatment. In most cases it was
alleged that inmates were confined in solitary cells,
inmates subjected to torture, cruel and degrading
treatment meted by Corrections officers, arrested and
detained persons subjected to cruel and degrading
treatment by police and a complainants mother was
searched by male police officers during a house raid.
Summary of other complaints received by the Commission
Complaints against Fiji
Police Force
(32)
Police Brutality
(17)
Professional
Misconduct (15)
Complaints against
Disciplinary Forces
(54)
Corrections Brutality
(21)
Complaints against Fiji
Corrections Services
(54)
Professional
Misconduct (1)