FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION
ANNUAL REPORT 2018
14
Directors Report
The 2018 Annual Report documents the strides made
by the Human Rights and Anti-Discrimination
Commission towards the protection, promotion
and preservation of human rights in a year that was
transformative for all Fijians. Not only did a total of
637,527 eligible voters exercise their constitutional
right to political participation in yet another peaceful
transition into parliamentary democracy, Fiji also
secured a seat and subsequently assumed the VicePresidency of the United Nations Human Rights
Council.
Fiji’s membership will no doubt strengthen the fabric
of the United Nations Human Rights Council be
lending the voice, aspirations and human rights
challenges of the Pacific Small Island Developing
States. Fiji’s membership will also keep the State
on a sustained path of human rights engendering a
greater ethos of accountability towards fulfilling its
obligations of protecting fundamental rights and
freedoms of all in Fiji regardless of race, ethnicity,
gender, colour or creed amongst other prohibited
grounds of discrimination.
2018 was also a year of many firsts for the Human
Rights and Anti-Discrimination Commission too.
The Commission, for the first time, monitored the
pre-electoral and post-electoral processes to ensure
that minimum human rights standards were observed
during the general election. The Commission
launched a brochure to educate the voters on the
features of free and fair elections, minimum human
rights standards and rights of a voter under the Fijian
Constitution which was widely disseminated across
the country including maritime areas. These brochures
were available in English, Itaukei, Hindi, Rotuman,
Banaban and Chinese languages. The Commission
issued media statements, reiterating that right to
vote was an expression of the will of the individual
as recognised in the Fijian Constitution and must be
exercised without fear of reprisal and recrimination.
Fijians were also encouraged to report hate speech
and incidents of racial and religious vilification
in communities and on social media platforms to
the Commission during the election process. The
Commission also welcomed the modification of the
procedures set out in section 57 of the Electoral Act
pertaining to voting by persons with disabilities.
While the 2013 Constitution goes beyond the 1997
Constitution in including sexual orientation, gender
identity and expression as prohibited grounds of
discrimination, the national human rights commission
had never convened any public consultations with
the LGBTI community. A two-day national
consultation was held in collaboration with the Asia
Pacific Forum of National Human Rights Institutions
(APF) engaging LGBTQI groups and individuals
to ascertain key challenges faced by them in their
daily lives and to draft a plan of action based on the
outcome of the discussions.
The Commission’s education and advocacy team
traveled to remote and maritime areas as well as to
informal settlements and cane-belt areas as well as
civil society organisations, reaching out to 19,971
people to create awareness on human rights. The
Commission independently investigated allegations
of human rights violations including the constitutional
right to life, personal liberty, freedom from slavery,
servitude, forced labour and human trafficking, cruel
and degrading treatment, security and freedom from
violence and professional misconduct, inter alia
police and corrections brutality and professional
misconduct, right of attested and detained persons,
executive and administrative justice. employment
relations, freedom of movement and residence,
freedom of religion, conscience and belief, right to
privacy, equality and freedom from discrimination,
protection of ownership and interests in land, right
to reasonable access to transportation, housing and
sanitation, adequate food and water, right to social
security schemes and health, freedom from arbitrary
evictions, rights of children and the rights of persons
with disabilities.
The Commission also filed a
constitutional redress application at the Suva High
Court in relation to the death of a 26 year-old male
who was allegedly assaulted by police.
A FJD$250,000.00 funding was also secured under
the Pacific Commonwealth Equality Project funded
by the UK Government to build a complaints
management system for the Commission. This
system will enhance accountability, transparency
and establish National Reporting Mechanism for
reporting on human rights violations.
The Commission made submissions to respective
Parliamentary Standing Committees on existing and
proposed laws that explicitly affect human rights.
These included the Registration of Sex Offenders Bill,