30 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 Section 38 – Right to Health The Commission received four complaints in breach of section 38 of the Fijian Constitution. Nature of complaints included lack of medical provision at Corrections Centres, an allegation that a complainant lost his eyesight following an operation at the Pacific Eye Institute and an inmates request for medical attention abroad was declined by the Fiji Corrections Service. Section 39 – Freedom from arbitrary evictions The Commission received two complaints in breach of section 39 of the Fijian Constitution. Nature of complaints included eviction of tenants without a court order. Section 41 - Rights of Children The Commission received two complaints in relation to section 41 of the Fijian Constitution. Nature of complaints pertain to unlawful eviction of tenant’s children while parents were at work and detention of a guardian of a toddler by Police despite the fact the toddler was alone at home. Section 42 - Rights of persons with disabilities The Commission received three complaints in breach of section 42. Nature of complaints included threats made against persons with disabilities, denial of permanent employment by a Government ministry due to a person's disability and non-provisioning of sign interpreters in Court. General matters The Commission received fourteen complaints that were classified as General Matters. The nature of these complaints included the non-appointment of a representative from the Fiji Dental Association by the Fiji Dental Council, inaccessibility to the Fiji Police Force After Care Fund by officers whose marital status was single and in another matter, an employee of the Fiji Elections Office addressed an individual as ‘uncle’ which the complainant did not appreciate. The Commission also received complaints of unprofessional treatment of customers by state actors, the refusal by Fiji Corrections Service to transport the corpse of an inmate to ‘Ra’ for burial and the refusal by a service station operator to allow customers to use convenience room. Enquiries, Advisories and Assistance sought from the Commission The Commission received one hundred and twenty six enquiries, advisories and requests for assistance. The nature of these advisories included land issues, neighbourly disputes, employment, child custody matters, family court matters, employment relations, civil lawsuits, child abuse, landlord/tenancy issues, DVRO matters, social media, separation, requests for new voter ID cards, unauthorised recording of conversation, arbitrary evictions, child custody matters, disconnection from water mains, land issues, poor customer services at restaurants, barring of members of public from accessing public places and criminal intimidation. Civil matters brought before the Commission The Commission received six complaints that, upon assessment, were classified as civil matters. The nature of these complaints included allegations that defective components of the electricity surge arrestor falling on a vehicle, property disputes, individuals not abiding by terms of sales and purchases agreement and claims for compensation. Judicial Redress requests The Commission received a request from an inmate for assistance with filing judicial redress application. Crimes Act The Commission received a complaint of alleged arson in an informal settlement. Fiji Police Force had commenced investigations into the matter. Monitoring 2018 General Election The Commission monitored polling venues on the Election Day in 2018, ensuring observance of minimum human rights standards during the election