Human Rights and Anti-Discrimination Commission 1
Alternative report to the Committee on the Elimination of All Forms of Discrimination
against Women on the fifth periodic review of Fiji
INTRODUCTION
This alternative report by the Human Rights and Anti-Discrimination Commission
(“Commission” hereafter) to the CEDAW Committee on the fifth periodic review of Fiji
addresses the list of issues raised by the Committee. It expounds on the legislative
provisions ensuring the Commission’s independence, progress towards its accreditation
and human rights interventions. It also appraises state’s fulfillment of its obligations under
the Convention and makes recommendations.
Human Rights and Anti-Discrimination Commission
The Commission lost its accredited status nearly a decade ago and has operated in a state
of inertia until recently.
Building public confidence in the national human rights commission by ensuring that the
Commission is accessible to the general public including persons living with disabilities
supplemented by a robust education and advocacy campaign so that the general public is
aware of their constitutionally guaranteed rights and freedoms, demonstrating the
Commission’s ability to conduct independent investigations, hold institutions and
individuals including the state and private actors within the state to account, to exhaust
remedies available under the law in the event of an infraction including the ability to
institute legal proceedings, make policy recommendations on existing and proposed laws,
building a sound administrative platform to ensure regular and effective functioning of the
Commission consistent with the principles of good governance and cultivating an ethos of
constructive engagement with the state, civil society and the international community
became the immediate priorities of the Commission.1 These priorities were identified as
integral in not only ensuring that the Commission is compliant with Paris Principles but
also in assuaging any imputations of an actual or perceived lack of independence.
The mandate of the Commission with an expanded anti-discrimination scope is prescribed
under section 45(4) of the Fijian Constitution as well as section 12 (1) of the Human Rights
and Anti-Discrimination Commission Act 2009. Section 45 (7) of the Constitution provides
that “in the performance of its functions or the exercise of its authority and powers, the
Commission shall be independent and shall not be subject to the direction or control of any
person or authority, except by a court of law or as otherwise prescribed by written law”.
Furthermore, section 45 (8) and 45(9) guarantees the administrative and financial
autonomy of the Commission. Section 45 (11) requires that the Parliament shall ensure
that adequate funding and resources are made available to the Commission, to enable it to
independently and effectively exercise its powers and perform its functions and duties.
Section 45 (12) expressly provides that the Commission shall have control of its own
1
Chairperson and Human Rights Commissioners were appointed by the President on the advise
of the Constitutional Offices Commission in May 2015 and a Director of the Commission was
appointed by the Board in February 2016.