Administrative and financial
autonomy of the Commission
Section 45 (8) confers to the Commission the
authority to appoint, remove and discipline
all staff (including administrative staff ) in the
Commission. Furthermore 45 (9) provides that
the Commission has the authority to determine
all matters pertaining to the employment of all
staff in the Commission, including—
(a) the terms and conditions of employment;
(b) the qualification requirements for
appointment and the process to be followed for
appointment, which must be an open, transparent
and competitive selection process based on merit;
(c) the salaries, benefits and allowances payable,
in accordance with its budget as approved by
Parliament; and
(d) the total establishment or the total number
of staff that are required to be appointed, in
accordance with the budget as approved by
Parliament.
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) explicitly provides that the Commission
shall have control of its own budget and finances,
as approved by Parliament.
Independence of
the Commission
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”.
FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION
own behalf or on behalf of others;
(k) to resolve complaints by conciliation and to
refer unresolved complaints to the courts for
decision;
(l) to advise on any human rights matter
referred to it by the Government having regard
to the available resources and priorities of the
Commission.
(m) to publish guidelines for the avoidance of
acts or practices that maybe inconsistent with or
contrary to human rights;
(n) to take part in international meetings
and other activities on human rights; and to
co-operate with other national, regional and
international human rights bodies.
(2) The Commission may, from time to time,
in the public interest or in the interests of any
person or department, publish in any manner it
thinks fit reports relating generally to the exercise
of its functions or to any particular case or cases
investigated under this Act.
(3) The Commission must not investigate (but
may comment on) any decision by a court of law.
Under section 45 (5) of the Constitution any
person has the right to lodge a complaint with
the Commission, alleging that a right or freedom
in this Chapter has been denied, violated or
infringed, or is threatened.
ANNUAL REPORT 2018
5