10. Efforts should be made to ensure that the search and seizure provisions under the ASIO Amendment Act be used reasonably with proper restraint ensuring they are employed without racial or religious discrimination. Fiji Fiji is a party to CERD162 CRC163 and the Refugees Convention164. Fiji has not ratified the ICCPR or CAT. Fiji has not ratified the following Conventions on Terrorism: • Internationally Protected Persons Convention; • Hostages Convention; • Terrorist Bombings Convention; • Financing of Terrorism Convention; • Nuclear Material Convention; • Maritime Navigation Convention; • Protocol to the Maritime Navigation Convention; and • Plastic Explosives Convention. Chapter 4 of the Constitution of the Republic of the Fiji Islands 1997 contains a Bill of Rights which provides a framework of safeguards for individual freedom.165 The Constitution is supreme and any legislation inconsistent with it is to be read down to the extent of the inconsistency.166 The courts are admonished in interpreting the rights enshrined in the Bill of Rights to “promote the values that underlie a democratic society based on freedom and equality and must, if relevant, have regard to public international law applicable to the protection of the rights set out in this chapter”167 Chapter 14 of the Constitution regulates the exercise of emergency powers. By virtue of the Emergency Powers Act 1998 the President, acting on the advice of the Cabinet, may proclaim 162 Fiji succeeded to CERD on 11 January 1973. Fiji ratified the CRC on 13 August 1993. 164 Fiji succeeded to the Refugees Convention on 12 June 1972. 165 Chapter 4 binds (a) the legislative, executive and judicial branches of government at all levels: central, divisional and local; and (b) all persons performing the functions of any public office. 166 Section 2(1) and 2(2). 167 Section 43(2). 163 85