FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION
ANNUAL REPORT 2018
4
Our
Responsibilities
Section 45 (4) of the Fijian
Constitution bestows the
Commission with the following
responsibilities:
(a) promoting the protection and observance
of, and respect for, human rights in public and
private institutions, and to develop a culture of
human rights in Fiji;
(b) education about the rights and freedoms
recognised in the bill of rights of the Constitution
as well as other internationally recognised rights
and freedoms;
(c) monitoring, investigating and reporting on
the observance of human rights in all spheres of
life;
(d) making recommendations to Government
concerning matters affecting the rights and
freedoms recognised in the bill of rights
including recommendations concerning existing
or proposed laws;
(e) receiving and investigating complaints about
alleged abuses of human rights and take steps to
secure appropriate redress if human rights have
been violated, including making applications to
court for redress or for other forms of relief or
remedies;
(f ) investigating or researching, on its own
initiative or on the basis of a complaint, any
matter in respect of human rights, and make
recommendations to improve the functioning of
public or private entities;
(g) monitoring compliance by the State with
obligations under treaties and conventions
relating to human rights; and
(h) performing any other functions or exercising
any powers as are conferred on the Commission
by a written law.
Section 12 (1) of the Human Rights
and Anti-Discrimination Commission
Act further prescribes the following
powers and duties of the
Commission:
(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 co-operate 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 nongovernmental, 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