Convention Against Torture  Submission 2015

The Fiji Human Rights and Anti-Discrimination Commission is statutory body established under Section 45 of the Constitution of the Republic of the Fiji islands. The roles and functions of the Commission are stipulated in CHAPTER 2 – Bill of Rights, supplemented by the Human Rights Commission Decree 11/09.

The Commission has a statutory responsibility under the Constitution and the Human Rights Commission Decree 11 of 2009 to ensure that Fiji’s human rights laws are promoted and protected. The Bill of Rights provisions in the Constitution bind the State and all public officials at all levels. This means that it is the State’s obligation to ensure that everyone in Fiji respects the human rights laws of the country.

The Commission approaches its mandate from a four-fold perspective: (a) to educate the public about the nature and content of human rights; (b) to make recommendations to the Government about matters affecting compliance with human rights; (c) to promote and protect human rights of all persons in Fiji; and (d) to perform such other functions as are conferred on it by written law.

Complaints Role in FHRADC

The Commission's "Complaints" division's functions are:

  • to receive complaints of allegations of breaches of human rights or unfair practices;

  • to assess complaints;

  • to investigate these complaints;

  • to resolve these complaints by conciliation and to refer unresolved complaints to the Commission's "Legal" division for court action; and

  • to refer complaints to the necessary ministry or department if the complaint is not within the Commission's jurisdiction.

It is important to note that the Commission can only assist you in your complaints of allegations of breaches of human rights. It is therefore to your advantage that you understand more about the area's of human rights that the Commission has jurisdiction over.

Fiji Correctional Centre Report 2011

The 2013 Constituion of The Republic of the Fiji Islands