FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION
ANNUAL REPORT 2018
28
Section 21 – Freedom of movement
and residence
The Commission received a complaint in breach of
section 21 of the Fijian Constitution. The complainant
alleged that his brother who was living with disability
was not allowed to travel to an alternative place of
residence of his choice by his guardian.
Section 22 – Freedom of Religion,
conscience and belief
The Commission received three complaints in breach
of section 22 of the Fijian Constitution. It is alleged
that a dispute between the management and trustees
of a temple resulted in the closure of the place of
worship. In another matter, a student of Fiji National
University raised that scheduling examinations on a
Saturday was against her belief.
Section 24 – Right to Privacy
The Commission received a complaint in breach
of section 24. The complainant alleged that the
photograph of his spouse and child was posted on
the Facebook page of a private company, after he (the
complainant) lodged a complaint with Fiji Revenue
and Customs Services against the private company
for tax evasion.
Section 26 – Right to equality and
freedom from discrimination
The Commission received five complaints in relation
to the breach of section 26 of the Fijian Constitution.
In one of the cases, it was alleged that a landlord had
made racial comments against his tenant. In another
matter, it was alleged that the management of Housing
and Relief Trust issued an eviction notice against an
occupant after she got pregnant. The Commission
also received a complaint against a school teacher
who continually addressed a child as ‘Punjabi’ which
the child did not like. In a separate matter, it was
alleged that the complainant was targeted due to his
sexual orientation.
Section 29 – Protection of ownership
and interests in land
The Commission received 2 complaints in breach of
section 29. The complainant alleged that a NGO
authorised the demolition of his mother’s place of
worship. The complainant further claimed that he
was not part of any consultations where the residents
of Jittu Estate were seeking a resolution to their land
dispute. In another matter the complainant alleged
that Ministry of Lands and Mineral Resources had
failed to issue him with a lease despite making all
necessary payments.
Section 34 – Right to reasonable
access to transportation
The Commission received a complaint in breach of
section 34. A village headman from Qarani, Gau
Island raised that the bridge used by his people to
access government stations got damaged in 1996. He
had raised the issue of maintenance during district
and provincial meetings but nothing concrete has
eventuated.
Section 35 – Right to housing and
sanitation
The Commission received two complaints in breach of
section 35 of the Fijian Constitution. A complainant
raised that she has been waiting since 2002 for the
Department of Social Welfare to build her home.
She has also complained that $100/month allowance
by the Department was not sufficient. In the second
matter, a complainant raised that despite securing
necessary approvals for her house plan, Department
of Social Welfare had not acted on her housing
application.
Section 36 – Right to adequate food
and water
The Commission received a complaint in breach of
section 36 of the Fijian Constitution. It was alleged
that the complainant’s connection to the water mains
was disconnected by the Water Authority of Fiji.
Section 37 – Right to social security
schemes
The Commission received five complaints in breach
of section 37 of the Fijian Constitution. Nature
of complaints included allocation of insufficient
allowance by Department of Social Welfare, delay by