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

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