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ANNUAL REPORT ANNUAL 18

Neither Greater nor Lesser but EQUAL: Dignity, Equality and Freedom for all in Neither Greater Nor Lesser but EQUAL: Dignity, Equality and Freedom for all in Fiji TABLE OF CONTENTS

4 Our Responsibilities 5 Independence of the Commission 5 Administrative and financial autonomy of the Commission 6 Vision 6 Mission 6 Values 7 Our Strategic Goals 8 Letter to His Excellency the President of the Republic of Fiji 9 Letter to the Honourable Prime Minister of the Republic of Fiji 10 The Commission 12 Organisational Structure 13 Chairperson’s Report 14 Directors Report 16 2018 IN REVIEW 24 Goal 1 - Monitoring, Investigations and Compliance 37 Goal 2: Litigation and Policy Analysis 44 Goal 3 – Education, Advocacy and Communications 66 Goal 4 – Institutional Strengthening FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 4 by a written law.by awritten any powers asare conferred on theCommission any otherfunctions or exercising(h) performing relating tohumanrights; and obligations undertreaties andconventions compliance with (g) monitoring by theState entities; public orprivate recommendations toimprove thefunctioning of matter inrespect ofhumanrights, andmake initiative oron thebasisofacomplaint, any )investigating orresearching, on itsown (f remedies; redress for ofrelief otherforms or court orfor been violated, to makingapplications including secure appropriate redress have ifhumanrights andtakestepsto alleged abusesofhumanrights (e) receiving andinvestigating complaints about or proposed laws; recommendationsincluding concerning existing freedoms recognised ofrights inthebill rights and the concerning mattersaffecting (d) makingrecommendations toGovernment life; spheres inall ofhumanrights of the observance (c) monitoring, investigating on andreporting and freedoms; recognised rights as well asotherinternationally oftheConstitutionrecognised ofrights inthebill andfreedoms abouttherights (b) education inFiji; human rights institutions,private aculture andtodevelop of of, andrespect for, inpublicand humanrights (a) promoting theprotection andobservance responsibilities: Commission withthefollowing Constitution bestows the Section 45(4)oftheFijian Responsibilities Our by individuals, groups orinstitutions on their discrimination, ofits own motion oron complaint andallegations ofunfair of humanrights (j) to investigate allegations of contraventions rights; thatmay human Government affect of any proposed laworany ofthe proposed policy (i) to makerecommendations on theimplications of thereports; preparing thosereports, toadvise on thecontent responsibility for oftheGovernment's primacy and,instruments without derogating from the obligations underinternational human rights (h) toadvise on theGovernment itsreporting entered tothoseinstruments; reservations appropriate, torecommend of thewithdrawal and, by theState instruments human rights where ofinternational (g) toencourage theratification on humanrights; standards laiddown ininternational instruments )topromote with bettercompliance inFiji (f human rights; or otheraction soastogive betterprotection to oflegislative,on thedesirability administrative (e) tomakerecommendations totheGovernment thereby; are,that humanrights ormay be, infringed governmental, ifitappearsto the Commission or practice whether governmental or non- into any procedure(d) toinquire generally protection ofhumanrights; and bodiesconcerned withthepromotion and (c)toconsult withotherpersons andco-operate human rights; members ofthepublicon any matteraffecting (b) toinvite andreceive representations from as asource information; ofhumanrights coordinating programs andacting humanrights publicopinion andpublicofficials,and educating rights, by making publicstatements including (a) toincrease generalawareness ofhuman Commission: powers anddutiesofthe prescribes thefollowing Act further and Anti-Discrimination Commission Section 12(1)oftheHumanRights (d) the total establishment or the total number Parliament; and in accordance withitsbudget asapproved by (c) thesalaries, benefitsandallowances payable, and competitive selection process basedon merit; appointment, must which beanopen, transparent appointment and the process to be followed for (b) the qualification requirementsfor andconditions(a) theterms ofemployment; staff intheCommission, including— totheemployment ofall matterspertaining all todetermine the Commission hastheauthority Commission. Furthermore 45 (9) provides that inthe administrative staff) staff(including all toappoint,authority remove anddiscipline 45 (8) confers to the CommissionSection the autonomy oftheCommission Administrative andfinancial infringed, oristhreatened. in thisChapterhasbeendenied, violatedor the Commission, orfreedom thataright alleging tolodgeperson acomplaint hastheright with Under section 45(5)oftheConstitution any may comment on) any decision oflaw. by acourt (3) The Commission must notinvestigate (but investigated underthisAct. orcases case of itsfunctions ortoany particular totheexercise thinks fit relating reports generally person or department, publishinany mannerit in thepublicinterest orintheinterests ofany (2) The Commission may, from timetotime, bodies. international humanrights withothernational,co-operate regional and and otheractivities on humanrights; andto ininternational meetings (n) totakepart tohumanrights; contrary acts inconsistent orpractices thatmaybe withor theavoidance(m) topublishguidelinesfor of Commission. to theavailableresources ofthe andpriorities referred toitby havingregard theGovernment (l) toadvise on matter any humanrights decision; refer for unresolved complaints tothecourts (k) to resolve complaints by conciliation and to own behalf oron behalfofothers; as approved by Parliament. haveshall control ofitsown budget andfinances, provides thattheCommission45 (12)explicitly itsfunctions andduties.and perform Section exercise andeffectively itspowersindependently made available to the Commission, to enable it to ensure thatadequate funding andresources are 45 (11) requiresSection that the Parliament shall Parliament. accordance with the budget as approved by of staffthatare required tobeappointed, in law”. prescribed by written law orasotherwise of except by acourt any personorauthority, direction orcontrol of not besubjectto the independent andshall Commission shallbe and powers,the exercise ofitsauthority of itsfunctionsorthe that “intheperformance Constitution provides Section45(7)ofthe the Commission Independence of

FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 5 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 6 dealings on behalfoftheCommission We beprofessional, will transparent, accountable, ethical, responsive andeffective inall service Providing aprofessional, transparent, accountable, ethical, responsive, andeffective law human rights Promote relevant international access ofthelawincluding tojusticeandequalapplication Promoting ofthelaw access andequalapplication tojustice person orauthority, law. prescribed by written except oflaworasotherwise by acourt Commission notbesubjecttothedirection beindependentandshall shall orcontrol ofany andpowers, ofitsfunctions ortheexerciseIn theperformance ofitsauthority the Exercising theCommission’s andpowers independently authority ourwork.to all person betreated will withdignity,Every respect andequality. We agender analysis apply will Promoting,rights human protecting andfulfilling The Commission iscommitted to: Values To build, strengthen culture andsustainahumanrights inFiji To takealead role inthepromotion,Fiji in for all protectionrights ofhuman andfulfillment Mission Neither butEQUAL: Greater Nor Lesser Dignity, andFreedom Equality inFiji all for Vision Our Strategic Goals Institutional Strengthening Goal 4 Communications Education, Advocacy and Goal 3 Litigation andPolicy Analysis Goal 2 Compliance Monitoring, Investigations and Goal 1

FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 7 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 8 CHAIRPERSON Honourable Mr. Kumar JusticeKamal Yours sincerely, Office, provided bytheDirector andhisstaff. 2018.20 September Hence, iscompiled thisreport on thebasis ofrecords heldby theCommission Your nodoubtappreciate of theCommission will thatIwasappointedasChairperson on excellency 2018. 2009, Iam pleasedtosubmit theCommission’s theyear for ending31December Annual Report tosection 44(1)oftheHumanRightsandAnti-Discrimination CommissionPursuant Act 11of 2018 Re: CommissionAnnualReport HumanRightsandAnti-Discrimination Dear Sir, Berkley Crescent House Government Office ofthe President The Fiji President ofRepublic His Excellency 15 June2019 Letter to HisExcellency the President oftheRepublicFiji CHAIRPERSON Honourable Mr. Kumar JusticeKamal Yours sincerely, 2018. 2009, Iam pleasedtosubmit theCommission’s theyear for ending31December Annual Report tosection 44(1)oftheHumanRightsandAnti-Discrimination CommissionPursuant Act 11of 2018 Re: CommissionAnnualReport HumanRightsandAnti-Discrimination Dear Sir, Suva 26 Gladstone Road 4th Floor, New Wing, Buildings Government Office ofthePrime Minister The Honourable Minster Prime 15 June2019 Letter to theHonourable PrimeMinisteroftheRepublicFiji

FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 9 10 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 design. and knowledge management, andweb content management and years ofpublishingexperience, years ofinformation over twenty working withchildrenan MBA hasledhertoearn and over ten non- governmental and publishing. Ms. Nicole’s passion for industries,in several military, including engineering, technical, management, Ms. to work Nicole Daniels has had the opportunity abackground andorganizational ininformation With the Board Commissioner NicoleDanielsistheSecretary to equality, withdisabilities. women andgirls inparticular Commissioner Tuimabu inwomen’s believes empowerment and Centre.Crisis Fiji. Live for andLearn isalsoaboard trustee She Women’s of the Fiji board trustee Board a serving and is currently consecutive terms. on Pacific hasalsoserved Disability She Forum asthePresident oftheUnitedBlindPersonsserved two for ofFiji Commissioner Tuimabu activist. rights isadisability has She Lanieta TuimabuCommissioner orgnisations over theyears. Division) since2013andhasworked withcommunitydevelopment Mr. on Fiji’s (Civil Kumar HighCourt JusticeKamal hasserved Commission, Mr. JusticeKamalKumar of theHumanRightsandAnti-Discrimination Honourable ActingChiefJusticeandchairperson 2018. meeting on 20September The appointments were made on the advice oftheConstitutional Offices Commission, heldits which (e) MrPravesh asamember. Sharma Perera(d) MsSureni asamember; and (c) MsNicole Danielsasamember; (b) MsLanieta Tuimabu asamember; Kumar(a) Honourable MrJusticeKamal asChairperson; and membersoftheHumanRightsAnti-Discrimination Commission ofthree aterm for years: President Konrote persons Jioji hasappointedthefollowing asChairperson (Rt'd) MajorGeneral In accordance withsection 45(2)oftheConstitution oftheRepublicFiji, the HisExcellency The Commission Development Authority (MIDA).Development Authority training, Mr. oftheMediaIndustry isalsothechairperson Raj Mr. 2016. wasappointedinFebruary Raj An academicby Mr. AshwinRaj Director Professional Conduct ofthree Committee aterm for years. Dental Commissioner oftheFiji andwasalsoappointedChairman of three years. InMarch 2019, hewasappointedProceedings Human RightsandAnti-Discrimination Commission aterm for 2018, Mr. wasappointedaCommissioner withtheFiji Sharma hasspecialinterest Appeals. inCriminal Mr Sharma InSeptember His mainareas ofpracticeare andFamily Litigation. Criminal Law Mr. hisown Firm, hasbeenrunning Chambers. Sharma Victoria and asaProsecutor in Wellington, NewZealand. May 2015, Since and R. Patel Lawyers. Solicitor He has also practiced a Corporate withMunrohas worked practiceinFiji; Leys inprivate initially ofFiji. andtheHighCourt ofNewZealand the HighCourt He of University Wellington in New Zealand. He is admitted to both Mr. Degree Pravesh graduatedwithaLaw from Sharma Victoria Proceedings Commissioner Commissioner Pravesh Sharmaisthe with disabilitiesandtheirfamilies. children for thatpromote andinclusion ofsupport equity systems community development and works to build at community level ineducation,that provides awiderange ofservices healthand heads currently theFrank She inSuva Hilton Organization and Fiji. Lanka in social and community development in Sri Commissioner Perera with20years’ isaspecialeducator experience Commissioner Sureni Perera 11 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 12 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 any person or authority except by a court of law or a written law. except oflaworawritten byany acourt person orauthority Fijian Constitution empowersThe theCommission tobeindependentofany direction orcontrol of Commission.Discrimination and Anti-Discrimination Commission Act of 2009, exists as the Human Rights and Anti- which bodyestablishedundertheHumanRights The Commission isanational independentstatutory Organisational Structure IT O IT FFICER ACCOUNTANT CORPORATE MANAGER FINANCE O FFICER ADMIN/HR SUPPORT STAFF SUPPORT O FFICER RECEPTIONIST DRIVER SECRETARY

MANAGER LEGAL MANAGER LEGAL O LEGAL LEGAL O LEGAL OR SENI LEGAL O LEGAL LEGAL EXECUTIVELEGAL DIRECTOR ICER POLICY ANALYSIS POLICY FFICER REPORTING ICER LITIGATION FFICER ICER TREA FFICER TY

MANAGER CO MANAGER INVESTIGATIONS O INVESTIGATIONS INVESTIGATIONS O INVESTIGATIONS INVESTIGATIONS OFFICER INVESTIGATIONS DATA MANAGEME DATA MPLAINTS ASSISTA O SENIOR FFICER NT FFICER FFICER NT MANAGER EDUCATION AND AND EDUCATION MANAGER ADVOCACY MEDIA PUBLICATIONS & PUBLICATIONS MEDIA LI BRARIAN INF BRARIAN CO TRAINING O TRAINING RESEARCH OFFICER RESEARCH MMUNICATIONS O FFICER FFICE MATION ORMATION R to improve thefunctioning ofpublicorprivate respect ofhumanrights, andmakerecommendations initiative oron thebasisofacomplaint, any matter in remedies; investigating orresearching, on itsown redress for ofrelief otherforms or to court or for have beenviolated, makingapplications including steps tosecure appropriate redress ifhumanrights and taking about allegedabuses of humanrights spheres oflife; receiving andinvestigating complaints inall ofhumanrights onreporting theobservance These included: monitoring, investigating and aculture inFiji.develop ofhumanrights institutions andto inpublicandprivate human rights of,the protection andobservance andrespect for, to dispenseitsconstitutional obligation topromoting the Commission a range of activities had undertaken Constitution. institution, Asanational humanrights ofRightsprovisionsunder theBill oftheFijian rights andfreedomsand fulfilthe recognised holding public office must respect, protect, promote tosection 6(2),Pursuant person andevery theState leading thenation rule. todemocratic andfearlessly freely exercising rights theirpolitical credible election process withthousandsofFijians Election saw a fair and was the 2018 General which and protecting humanrights. important Equally global recognition our commitment for to promoting Rights Council. asitgives usa This is significant oftheUnitedNationsthe vice-presidency Human assumed won aseatandsubsequently whole asFiji asa CommissionDiscrimination andthecountry theHuman RightsandAnti- for 2018 ishistoric commission.national humanrights Constitution anditscoreFijian responsibilities asa Commission’s constitutional mandateunderthe Act. reflects thedispensationThis Report ofthe Report Chairperson’s Discrimination CommissionDiscrimination the HumanRightsandAnti- required by section 44(1)of ending 31December, 2018 as theyear for Annual Report Commission’sDiscrimination the HumanRightsandAnti- pleasedtopresent I amvery Acting of Fiji andChairperson Acting ofFiji ChiefJustice KumarHonourable MrJusticeKamal institution.national humanrights towards Paris becoming afully Principles compliant violations. The Commission continue will to work and lodge complaints inrelation tohumanrights media andmembersofpublicwhoseekadvice orgnisations, standingcommittees, parliamentary engagement withdiverse groups, civilsociety CommissionDiscrimination with ongoing robust confidence intheHumanRightsand Anti- demonstrates thegrowingThis report public HumanRightsCouncil. aseatatthe Fiji succeedinginsecuring importantly inbuildingpublicconfidence andmost their efforts like to also thank the Director and his team for inpromoting inFiji.support humanrights Iwould theircontinued for Human RightsInstitutions (APF) Rights Pacific andtheAsia Pacific of National Forum the OfficeofHigh Commissioner forHuman Delegation oftheEuropean Union thePacific, for United Nations andDevelopment Programme, the Government, ourdevelopment partners, the I would liketoexpress totheFijian mygratitude outcome ofthefinancial audit. Commission Act. The Commission awaitsthe of theHumanRights and Anti-Discrimination 2018. This isa Sectionrequirement 16(2) under of the Auditor commenced General in December The auditofCommission’s financials bytheOffice human rights. obligations undertreaties andconventions relating to entities; compliance with andmonitoring by the State 13 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 14 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 pertaining tovoting bypertaining persons with disabilities. procedures setoutinsectionAct 57oftheElectoral Commission alsowelcomed ofthe themodification the Commission the election process. during The in communities to and on social media platforms and incidentsofracial andreligious vilification were hatespeech alsoencouraged toreport exercised ofreprisalandrecrimination. withoutfear Constitutionas recognised andmust intheFijian be vote wasanexpression oftheindividual ofthewill issued mediastatements, to reiterating thatright Banaban andChineselanguages. The Commission wereEnglish, available in Itaukei, Hindi, Rotuman, areas. maritime including the country These brochures disseminatedacrossConstitution waswidely which standards ofavoter undertheFijian rights andrights features offree andfairelections, minimum human a brochurelaunched the voters on to educate the thegeneral election.during The Commission that minimum standards human rights were observed pre-electoral processes andpost-electoral toensure The Commission,for thefirsttime, monitored the Rights and Anti-Discrimination Commission too. 2018 wasalsoayear ofmanyfortheHuman firsts grounds ofdiscrimination. gender, colourorcreed amongst otherprohibited regardlessofrace,freedoms inFiji ofall ethnicity, obligations ofprotecting and fundamentalrights greater towards ethosofaccountability its fulfilling a engendering on asustainedpathofhumanrights States. Fiji’s alsokeeptheState membershipwill ofthePacificchallenges IslandDeveloping Small lending thevoice, aspirations andhumanrights of theUnited Nations HumanRights Council be Fiji’s no doubt strengthen membership will the fabric Council. Presidency oftheUnitedNations HumanRights assumedthe secured aseatandsubsequently Vice- democracy,transition intoparliamentary also Fiji inyet participation anotherpeaceful topolitical right 637,527 eligiblevoters exercise theirconstitutional Fijians. all for transformative Not didatotalof only inayear ofhumanrights thatwas and preservation Commission towards the protection, promotion by theHumanRights and Anti-Discrimination made documentsthestrides The 2018 Annual Report Directors Report These included the Registration of Sex Offenders Bill,Sex Offenders the Registration of These included rights. human affect proposed lawsthatexplicitly Committees on existingand Standing Parliamentary The Commission made submissions to respective violations. onreporting humanrights for and establishNational Mechanism Reporting enhanceaccountability, will system transparency the Commission. for management system This by tobuildacomplaints theUKGovernment the Pacific Commonwealth Equality Project funded A FJD$250,000.00fundingwasalsosecured under assaultedby police.who wasallegedly inrelationCourt tothedeathofa26year-old male constitutional redress High attheSuva application with disabilities. The Commission also filed a evictions, ofpersons ofchildren andtherights rights andhealth, schemes security freedom from arbitrary sanitation, adequate andwater, food tosocial right to reasonable access totransportation, housingand protection ofownership and interests inland, right privacy, andfreedom equality from discrimination, freedom ofreligion, conscience and belief, to right relations, freedom ofmovement andresidence, executive andadministrative justice. employment misconduct, of attested and detained persons, right andprofessional police andcorrections brutality violence andprofessional misconduct, interalia and degrading treatment, andfreedom from security servitude, forced labourandhumantrafficking,cruel to life,right personal liberty, freedom from slavery, theconstitutional violations including of humanrights investigatedCommission allegations independently people tocreate awareness on humanrights. The organisations,civil society reaching outto19,971 areas settlementsandcane-belt aswell as informal traveled toremoteareas andmaritime aswell asto The Commission’s team and education advocacy outcome ofthediscussions. aplanofaction basedon the lives andtodraft daily faced challenges by key themintheir to ascertain engagingLGBTQI(APF) groups andindividuals Pacific of NationalForum Human Rights Institutions consultation withtheAsia washeldincollaboration the LGBTI community. Atwo-day national had convened never any publicconsultations with discrimination, commission thenational humanrights andexpressionidentity asprohibited grounds of sexualorientation,Constitution inincluding gender the2013Constitution goes beyond the1997 While Director Ashwin Raj building aculture inFiji. ofhuman rights and staffoftheCommissionfor theircontribution in sincerest totheChairperson, gratitude Commissioners and persons withdisabilities. Finally, Iexpress my three women,include representatives ofcivilsociety of theCommission ofthree aterm for years. They Konrote andmembers appointedaChairperson thePresidentExcellency (Rt’d) MajorGeneral Jioji Constitution,with section 45(2)oftheFijian His It gives me great pleasure tostatethatinaccordance thePacificfor for their continued support. Rights andtheDelegation oftheEuropean Union United Nations HighCommissioner Human for Nations Development Programme, Officeof the also thankfultoourdevelopment partners, United institutions. nationalwith fellow humanrights Iam providing our Commission toengage withaplatform their continued support, assistanceandfor technical andGANHRI for expresses totheAPF mygratitude (GANHRI) toregain itsaccreditation. I would liketo ofNationalAlliance HumanRightsInstitutions Human RightsInstitutions aswell as theGlobal to engage withtheAsiaPacific of NationalForum that itisParis Principles compliant. continue Itwill The Commission iscommitted towards ensuring of theAuditor inDecember2018. General Commission’s by theOffice financialswasundertaken and transparency, thelong outstandingauditofthe the Commission’s commitment toaccountability with itsconstitutional mandate. Inpursuanceof 403,386.00 in2018/2019financial year todispense of$2, allocation The Commission secured abudgetary CEDAW Committee. against Discrimination Women (CEDAW) tothe Convention on theElimination Forms ofAll of onalternative report the implementation of the decade, theCommission alsosubmitted asubstantive Rights (ICESCR). and Cultural Social Following a (ICCPR) andInternational Covenant on Economic International Covenant on CivilandPolitical Rights andtwo International Covenants: Bill Online Safety 15 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 2018 IN REVIEW The following provides an overview of the key human rights achievements in 2018

Milestone

Fiji secures seat and vice-presidency at the United Nations Human Rights Council

Fiji is now a member of the United Nations Human Rights Council having secured 187 out of 192 valid votes on 12 October 2018. The Director collaborated with Madam Nazhat Shameem Khan, Fiji's Permanent Representative to the United Nations in Geneva in lobbying for the first Pacific Small Islands Developing State (PSIDS to be a member of the Council. Fiji has Ambassador, Madam Nazhat Shameem Khan and Director, Mr. Ashwin Raj with the Fijian delegation at UN Human Rights also assumed the Vice-Presidency of the Council in , 2018 United Nations Human Rights Council.

This is a significant achievement not only for Fiji but also for the Human Rights Council as Fiji’s membership will strengthen the fabric of the Human Rights Council by recognizing the diverse human rights concerns of small island developing states (SIDS). Not only is this a victory for SIDS but this is the first time that a Pacific Small Islands Developing State (PSIDS) has joined the Human Rights Council as a member. Today’s decisive victory is a further catalyst for the national human rights commission and civil society to hold government accountable in fulfilling its commitment towards the protection and promotion of .

Director, Ashwin Raj 12 Oct, 2018 The followingprovides anoverview ofthekey human rightsachievements in2018 2018 General Election.2018 General following theannouncementofoutcomereligious ofthe vilification on socialmediaplatforms The Commission wasinundatedwithconcerns fromracialover and thepublic hatespeech independent investigations andaccountability. violence. The Commission issuedpublic statementscondemning policebrutality,for calling and whilein policecustody. andfreedomThis bordered from right tosecurity on violation of PoliceCommission againstFiji Force arrest assaulton alleged physical suspectsduring for Freedom from anddegrading treatment -17complaints cruel were investigated by the inrelation assault. to allegations ofphysical CorrectionsCommission Service againstFiji Freedom from anddegrading treatment -21complaints cruel were investigated by the outside anightclub. assaultedby inrelation police Court tothedeathofa26year-old malewhowasallegedly - Right toLife The Commission fora filed constitutional SuvaHigh redress atthe application Monitoring Compliance Monitoring 2018 General Election 2018General Monitoring Complaints election process. standards the human rights during Day, ofminimum observance ensuring on theElection across thecountry Western divisions andNorthern venuesof 87polling intheCentral, The Commission monitored atotal 2018 INREVIEW 17 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 2018 IN REVIEW The following provides an overview of the key human rights achievements in 2018

Complaints

Rights of arrested and detained persons

40 complaints were investigated by the The Commission attended to a concern Commission for alleged violation of raised by a sex worker who was in rights of arrested and detained persons. police custody at a weekend, ensuring The nature of complaints ranged from minimum human rights standards deplorable condition of cellblocks, were met and engaged the Legal Aid refusal of medical attention, over- Commission for legal assistance. In crowded cellblocks, denial of the right another case, arrangements were made to have a lawyer, unavailability of an with Fiji Corrections Service to move a interpreter and failure by police to inform transgender woman held in detention at the arrested and detained persons about a Corrections facility to a safe room to their constitutional rights. prevent sexual and physical abuse due to her gender identity.

Freedom of Speech Vs Hate Speech

Following the 2018 General Election, the Commission was inundated with The Commission engaged with media concerns and complaints from members in relation to the abuse of social media of the public in relation to social media platforms by politicians during election posts bordering on racial and religious campaigns. vilification, hate speech and cyber bullying.

Employment Relations 21 complaints alleging violation of employment relations were received by the Commission. The nature of complaints ranged from workplace bullying, breach and termination of work contracts, forced redundancies, forced resignations and non-renewal of employment contracts. The followingprovides anoverview ofthekey human rightsachievements in2018 filed with Fiji Revenue and Customs Service against this private company. against this private Service andCustomsFiji Revenue filed with posted on Facebook page by company a complaint a private was in retaliation of tax evasion after The Commission investigated acomplaint child was inwhich photograph ofamotherandher toprivacy.the right and abreachassault on of thedignity repugnant act thatisan it asmorally describing on socialmedia platforms statement on circulation ofnudeimages The Commission issued a public lost his eyesight after a medical procedure was performed on him at a state-run healthfacility. procedure on himatastate-run amedical wasperformed lost hiseyesight after The Commission investigated negligence aperson acomplaint inwhich ofalleged medical order. The Commission investigated acomplaints eviction oftenantswithout acourt relating to fear ofreprisal andrecrimination.fear Constitutionthe individualasrecognised andthatitmust intheFijian beexercised without The Commissionright to issuedamediastatement vote asanexpressionon the of ofthewill by institution aneducational on aSaturday, apracticeagainstthecomplainant’s belief. ofaplace ofworship,the closure demolition ofaplace of worship and holdingofexaminations conscience and belief. The nature of complaintsranged from management dispute leading to The Commission investigated complaints in relation toallegedviolation of religious freedom, Freedom ofreligion, conscience andbelief Freedom from arbitrary evictions Freedom from arbitrary Complaints Right toPrivacy Right toHealth Political Rights and anational disgrace. platforms, it asanact of savagery calling road accident atNabou on socialmedia circulation ofaccident pictures/video of The Commission condemned the 2018 INREVIEW 19 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 2018 IN REVIEW The following provides an overview of the key human rights achievements in 2018

Complaints

Discrimination on a prohibited ground prescribed under section 26 of the Fijian Constitution

The Commission investigated a The Commission in collaboration with complaint against a school teacher the Fijian Competition & Consumer for allegedly addressing a student as a Commission (FCCC), held meetings ‘Punjabi’ (Punjabi is an ethnic group) and issued a statement regarding a and not by the given name. landlord-tenancy issue in relation to alleged discrimination linked to race and ethnicity. The Commission issued a press statement on Racial Profiling, expressing grave concern that various private and public The Commission investigated a institutions, through their representative complaint in which a woman was served bodies, continued profiling along racial with an eviction notice by the Housing lines. Assistance and Relief Trust [HART] due to her pregnancy. This is contrary to section 26 (3) (a) of the Fijian The Commission investigated a Constitution. complaint of alleged discrimination faced by a person due to his sexual orientation.

We will continue to work closely with FCCC in ensuring that we uphold principles of non-discrimination on any prohibited grounds prescribed under section 26 (3) (a) of the Fijian Constitution. Monitoring compliance is integral in ensuring that we remove vestiges of discrimination so that everyone regardless of their race, religion, ethnicity amongst other prohibited grounds of discrimination enjoy the right to housing.

- Director, Mr. Ashwin Raj The followingprovides anoverview ofthekey human rightsachievements in2018 discrimination. and beliefasaprohibited ground of references religion, conscience, opinion from expressly which discrimination andfreedom toequality on theright Constitution section 26oftheFijian to decision by wascontrary theschool The Commission heldtheopinion that asperherbelief.with awhiteheadscarf under the uniform long tee shirt sleeve with a pairofwhitetights, girls for The student wore uniform theschool compliance dress withtheschool code. was denied access due to non- to school complaint a inwhich Year 3student The Commission investigated a herchildren.mother for to arequestby milkandfood for a living on thestreet andfailingtoattend of accommodation request by aperson of allowancecards, non-provisioning receiving theallowanceandreplacement fromallowance, insufficient in delays Welfare. Nature ofcomplaints range ofSocial dispensed by Department in relation toliving allowance The Commission received complaints Right to social security schemes Right tosocialsecurity Complaints Rights of Children Rights ofChildren Giles Hospital for medical examination. medical Giles Hospitalfor Saint The complainant was taken to (prompt attention andshelter). medical with minimum standards human rights The Commission ensured compliance attention.of shelterandurgent medical regarding adestitutewhowasindire need The Commission attendedtoacomplaint released. Commission was uponthe child which Aid legal reorientation through Legal Arrangements were made free for into policecustodyat aweekend. aminorwhowastaken involving case inthe The Commission intervened without supervision. alone all athome as aresult wasleft who detention ofaguardian ofatoddler complaint alleged againstpolicefor The Commission investigated a were atwork. inabsenceoftheir parentslandlord who ofchildrenof unlawfuleviction by a The Commission investigatedcase a 2018 INREVIEW 21 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 22 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 The followingprovides anoverview ofthekey human rightsachievements in2018 2018 INREVIEW Submissions to StandingCommittees Parliamentary Commission ofBangladesh. andNationalCanberra HumanRights High Commissioner Refugees for in andUnitedNationsdepartment engaging with Fijian immigration The whowerechild in Fiji, seekingasylum a Bangladeshi coupleandtheirfour-year case of in the The Commission intervened • • • rights, human affect explicitly which were: Committees on andInternational Covenents that Bills Standing to relevantParliamentary recommendationsincluding concerning existingorproposed laws, submissions were made rights andfreedomsFijian Constitution the concerning mattersaffecting guaranteed by the Consistent withtheconstitutional mandateofmakingrecommendations toGovernment ofarrestedrelation andrights anddetainedpersons. tolife toright Two violationfor were ofallegedhumanrights redress. cases filedincourt cases were The in disability andnon-provisioning inCourt. disability ofsigninterpreters with disabilities, duetoaperson’s ofEducation employment by denialofpermanent Ministry and thenature ofcomplaints ranged from threats allegation ofphysical made againstpersons The Commission investigated complaintsFijian Constitution inbreach ofsection 42ofthe

and International Covenant on Economic Social and Cultural Rights(ICESCR)and International Covenant on and Cultural Economic Social Inter Online S Registr national Covenants: International Covenant on Civil andPolitical Rights (ICCPR) ation of Sex Offenders Bill Offenders ation ofSex afety Bill afety Seeking redress incourt Rights ofpersonswithdisabilities Human RightsofRefugees Complaints status inFiji. refugesAfghanistani seekingasylum byalso attendedtoconcernsraised three complaint withtheCommission and his lawyer and guided him to file his Police;by Fiji helddiscussions with unfairtreatmentrefugee whoclaimed The Commission attended to a Bulgarian The followingprovides anoverview ofthekey human rightsachievements in2018 will bring about greater parity and uphold principles ofnon-discrimination. anduphold principles about greater bring parity will by issuesraised theUNCEDAWincluding Committee andoffers recommendations that inimplementingtheConventionwork efforts oftheCommission oftheState anappraisal Commission thefirsttimeinlastten for years. outlinesthemandateand TheReport 2018.in February Itmust wascompiled benotedthatthereport andsubmitted by the session of the Committee to be held at the United Nationssixty-ninth Office inGeneva the CEDAW Committee,for consideration atthe isscheduled periodic report whose fifth on the Elimination Forms of All against of Discrimination Women (CEDAW) inFiji, to The Commission submitted analternative on theimplementation oftheConventionreport against Women (CEDAW) Report Forms -Convention ofAll ontheElimination ofDiscrimination Report Alternative participation. disabilities. This would assistpersons withdisabilitiesinexercisingright topolitical their procedures tovoting setoutinsectionAct by 57oftheElectoral pertaining persons with The Commission welcomed theamendmentsmade in relation tothe tothemodification relating tohumanrights andconventions undertreaties withobligations theState complianceby Monitoring freedom from discrimination, prescribestheprohibited which grounds discrimination. for Constitution andinparticular, 2ofthe Fijian in chapter and toequality section 26-right in 1999. The sessions were focused features onthesalient ofRightsenshrined oftheBill organised gathering by theCommission asitwasthefirstsuch sinceitsinceptionhistoric remote areas. andmaritime consultation including from across the country event was The representingA totalof68participants diverse groups from inthenational participated with Asia Pacific 2018 in collaboration July of NationalForum Human Rights Institutions. A two-day National Consultation on LGBTQI washeldon andchallenges 26-27 rights National onLGBTQI Consultation Rights domestic violence, sexual abuse, andenvironmental right political rights. speech, ofarrested rights anddetainedpersons, freedom from anddegradingtreatment, cruel ofchildren, asrights a rangeofissuessuch toeducation, right tohealth, right freedom of were visited, engagingpeoplefrom whoreceived on walksoflife training all humanrights groups. settlements informal and91villagescommunities Atotalof38schools including The CommissionFijians in2018through itsengagement withdiversereached outto19,971 Initiatives Outreach 2018 INREVIEW 23 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 24 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 remedies. redress for ofrelief otherforms or to court orfor violated through conciliation ormakingapplication secure appropriate redress have been ifhumanrights Commission Act empowers theCommission to (1) (k)oftheHumanRightsandAnti-Discrimination section 45(4)(e)oftheConstitution andsection 12 violated orinfringed, oristhreatened. Furthermore, undertheConstitutionguaranteed hasbeendenied, orfreedomwith theCommission thataright alleging that any to lodge person a complaint has the right Constitution provides 45(5)oftheFijian Section on theirbehalforon behalfofothers. of acomplaint by individuals, groups orinstitutions eitherondiscrimination itsown motion oron thebasis aswell asallegations ofunfair of humanrights powers toinvestigate allegationsofcontraventions Commission Act confers totheCommission the (j) oftheHumanRightsandAnti-Discrimination Constitution and section 12(1) and (e) of the Fijian core function oftheCommission. 45(4)(c) Section Monitoring, Investigations andCompliance are a Compliance Investigations and Monitoring, Goal 1- commission sinceitsresuscitation in2016. of publicconfidencerights in thenational human Commission ofthegradualrestoration isindicative The numberofcomplaints received by the received by theCommission in2018was192. infringements.rights The totalnumberofcomplaints in nature. These complaints had multiple human established that some complaints were inter-sectional Corrections misconduct. Upon assessment, itwas civil mattersandcomplaints ofalleged Police and seeking advice andassistance oftheCommission, redress andamicusapplications, enquiries, clients Rights, breachesAct, oftheCrimes requests judicial for the constitutional provisions of 2–Bill underchapter complaints inrelationincluded toallegedbreaches of A totalof154files were openedin2018. This Complaints ofinfraction ofrights infringed, oristhreatened. has beendenied,violatedor guaranteed undertheConstitution alleging thatarightorfreedom complaint withtheCommission person hastherightto lodgea Constitution provides thatany Section 45(5)oftheFijian guaranteed undertheFijian Constitution 10 5 0 45403530252015 25 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 26 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 complaint of marital rape. complaint ofmarital male policeofficers. The Commission also received a by Police, thecomplainants motherwassearched by another matter, ahouse raid it was alleged thatduring byspouse beingharassed membersofthepublic. In on air. This ledtothecomplainant’schildren and testimonials on Youtube andbroadcasted thesame uploaded inprison) his term (while hewasserving NGO, withouttheconsent ofthecomplainant andeducational that theproprietors ofahumanitarian Constitution.of section 9oftheFijian Itwasalleged The Commission received three complaints inbreach Section 9–Rightto Personal Liberty inthismatter. HighCourt the Suva Commission hasfiledaconstitutional redresscase in andassaulted.was arrested outsideanightclub The he after to thedeathofcomplainants boyfriend tolife.right led Itwasallegedthatpolicebrutality Constitutionbreach on ofsection the 8oftheFijian The Commission received acomplaint ofalleged Section 8–Rightto Life Nature ofComplaints Complaints against Summary ofothercomplaintsreceivedSummary by theCommission Disciplinary ForcesDisciplinary (54) Complaints againstFiji Complaints againstFiji Corrections Services Police Force (54) (32) searched raid. by ahouse malepoliceofficersduring treatment by policeandacomplainants motherwas anddegrading detained persons subjectedtocruel treatment metedby Corrections officers, arrested and inmates subjectedtotorture, anddegrading cruel cells,alleged thatinmateswere confined insolitary anddegradingtreatment.to cruel itwas Inmostcases The Commission received tencomplaints in relation Degrading Treatmentand Section 11–Freedom from Cruel hascommenced inrelation tothesematters. Ministry confirmation thatinvestigations Labour by the Ministry.Labour The Commission has received under-fed. Bothmattershave beenreferred tothe were forced condition intolabourindeplorable and another matter, itwasalleged that4Indiannationals andforced intolabourby theiremployer.into Fiji In alleged that3Bangladeshi nationals were trafficked Constitution.breach ofsection 10oftheFijian Itwas The Commission receivedtwo complaintsfor alleged trafficking forcedservitude, labourandhuman Section 10–Freedom from slavery, Corrections Brutality Misconduct (15) Misconduct (1) Police Brutality Professional Professional (17) (21) took photo of him so that he could be implicated for took for photo ofhimsothathecouldbe implicated hold a mobile phone while the Corrections Officers taken from himby force. The inmate wasalsotoldto matter where was aninmate alleged thathisring ina Correctionsmisconduct Service againstFiji The Commission received acomplaint ofprofessional (Corrections) Professional misconduct respective Corrections facilities. request visitation for to tomakeawritten Service The Commission is requiredFiji Corrections by the of these claims.investigations theveracity toascertain the Commission conducted itsown independent and requested independentinvestigations for while the attention oftheCommissioner ofCorrections the Commission hasbrought theseallegations to Rights andAnti-Discrimination Commission Act, requirements setoutundersection 32oftheHuman assaults. physical included Consistent withthe by correction officers.brutality brutality Thenature of correctioninmates atvarious facilities claiming The Commission received 21complaints from (Corrections Brutality) and Freedom from violence Section 11(2)–Rightto Security police. by Order and allegations of harassment Restraining arresting suspectsinbreach oftheDomestic Violence in thecourseofinvestigations, policeinaction with Police in initiating investigations, complaints of bias falsecharges, laying complaints including delay by the allegationsofpoliceinaction indealingwith included The nature ofcomplaints received by theCommission Policeindividuals against the conduct of the Fiji Force. The Commission complaints receivedfrom fifteen Professional misconduct(Police) arrestduring andwhileincustody. assaultofsuspects physical Allegations included Constitution.breach ofsection 11(2)oftheFijian The Commission received complaints seventeen in Brutality) and Freedom from violence(Police Section 11(2)–Rightto Security being inpossession ofcontraband. medical attention bymedical police. national, overcrowding cell andnon-provisioning of ofaBulgarian interview caution during interpreter underdetention,rights non-provisioning ofan arrestedin informing persons oftheirconstitutional toalegalcounsel,their right failure ofpoliceofficers denied visitation rights, arrested persons of deprived the relatives of arrested and detained persons being condition blocks. ofcell mattersincluded Other the complainantsconcernover thedeplorable raised Constitution.of section 13of the Fijian Inmost cases, complaints inbreachThe Commission receivedfourty Detained Persons Section 13–RightsofArrested and workingliquor during hours. by Corrections officerswhileundertheinfluenceof matters, it was alleged that inmates were searched were withoutasearch raided warrant. Inother cases, itwasallegedthat the complainants houses Constitution.of section 12oftheFijian Inmost The Commission received complaints seven inbreach unreasonable search andseizure Section 12–Freedom from employment contract andworkplace bullying. breach ofemployment contract, non-renewal of employment, forced redundancies, forced resignations, Constitution. termination from Allegations included in relation tothebreach ofsection 20oftheFijian The Commission one complaintsreceivedtwenty Section 20–Employment Relations tomakeacase.evidence himthattherematter informed wasinsufficient this counsel handling alleged that the DPP further known– commonly asparaquat. The victim’s father that hisdaughterwasforced toconsume weed killer Constitution.the Fijian The victim’s father alleged an individual’s undersection guaranteed 16of rights The Commission received acomplaint inbreach of Administrative Justice Section 16–Executive and 27 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 28 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 The Commission received 2complaints in breach of and interests in land 29 –ProtectionSection ownership of sexual orientation. alleged thatthecomplainant wastargeted duetohis didnotlike.the child matter, Inaseparate itwas addressed as who continually achild ‘Punjabi’ which also received acomplaint teacher againstaschool she got pregnant.occupant after The Commission and Relief Trust noticeagainstan issuedaneviction matter, itwasalleged thatthemanagement ofHousing made racial comments against his tenant. In another In one ofthecases, had itwasallegedthatalandlord Constitution.to thebreach ofsection 26oftheFijian The Commission received five complaints in relation freedom from discrimination Section 26–Rightto equalityand taxevasion. for company againsttheprivate and Customs Services Revenue complainant) lodged a complaint with Fiji the Facebook company, page ofaprivate he(the after photograph waspostedon ofhisspouseandchild of section 24. The complainant alleged that the The Commission received acomplaint inbreach Section 24–Rightto Privacy Saturday wasagainstherbelief. examinations thatscheduling on raised a University worship. Inanothermatter, National astudentofFiji of atempleresulted oftheplace of intheclosure that adisputebetween themanagement andtrustees Constitution.of section 22oftheFijian Itisalleged The Commission received three complaints inbreach conscience andbelief Section 22–Freedom ofReligion, residence by ofhischoice hisguardian. was notallowed totravel toanalternative place of alleged thathisbrother whowaslivingwithdisability Constitution.section 21oftheFijian The complainant The Commission received acomplaint inbreach of and residence Section 21–Freedom ofmovement necessary payments. necessary failed toissuehimwithaleasedespitemakingall Resources andMineral had ofLands that Ministry dispute. Inanother matterthecomplainant alleged Estatewereof Jittu seekingaresolution totheirland ofany consultationswas notpart where theresidents worship. claimed thathe The complainant further the demolition of his mother’sauthorised place of section 29. The complainant allegedthataNGO sanitation Section 35–Rightto housingand eventuated. and provincial meetings but nothingconcrete has district had theissueofmaintenanceduring raised access government stations got damaged in1996. He used by that the bridge Island raised his people to section 34. Avillageheadman from Qarani, Gau The Commission received acomplaint inbreach of access to transportation Section 34–Rightto reasonable allowance by Department of Social Welfare, ofSocial allowance by Department delay by ofinsufficient allocation of complaints included Constitution.of section 37oftheFijian Nature The Commission received five complaints in breach schemes Section 37–Rightto socialsecurity was disconnected by the Water ofFiji. Authority that thecomplainant’s connection tothewatermains Constitution.section 36oftheFijian Itwasalleged The Commission received acomplaint inbreach of and water Section 36–Rightto adequatefood application. of Social Welfare had not acted on her housing approvalsherhouseplan, for necessary Department matter, acomplainant thatdespitesecuring raised wasnotsufficient.by theDepartment Inthesecond hasalsocomplained that$100/month allowance She ofSocial WelfareDepartment tobuildherhome. the thatshehasbeenwaitingsince2002for raised Constitution.section 35oftheFijian Acomplainant The Commission receivedtwo complaints in breach of Welfare. was notaddressed ofSocial by theDepartment mother’s herchildren requestfor milkandfood for request by aperson livingon thestreets aswell as a allowance cards, non-provisioning of accommodation of Social Welfarethe Department in replacement of Summary ofothercomplaintsreceivedSummary by theCommission 29 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 30 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 The Commission also received complaints of as ‘uncle’ thecomplainant which didnotappreciate. Elections Office addressedof theFiji anindividual status was single and in another matter, an employee Force Care Fund After by officerswhose marital DentalCouncil,Fiji Police totheFiji inaccessibility representative DentalAssociation from by the theFiji the non-appointment of a these complaints included Matters. asGeneral were classified Thenature of The Commission complaints that receivedfourteen General matters inCourt. sign interpreters andnon-provisioningdue toaperson's disability of employment bypermanent ministry aGovernment made againstpersons withdisabilities, denialof of section 42. Nature threats ofcomplaints included The Commission received three complaints inbreach disabilities Section 42-Rightsofpersonswith wasalone athome. toddler bya guardian Police ofatoddler despitethefact the children whileparents were atwork anddetention of oftenant’s to unlawful eviction complaints pertain Constitution.to section 41oftheFijian Nature of The Commission receivedtwo complaints in relation Section 41-RightsofChildren order.court oftenantswithouta eviction complaints included Constitution.of section 39oftheFijian Nature of The Commission receivedtwo complaints inbreach evictions Section 39–Freedom from arbitrary Service. Correctionsattention by abroad theFiji wasdeclined Eye Instituteand aninmatesrequest medical for lost hiseyesight anoperationatthePacific following Corrections Centres, an allegation that a complainant provision ofmedical at lack complaints included Constitution.of section 38oftheFijian Nature of The Commission receivedfour complaints inbreach Section 38–Rightto Health convenience room. station to allow customers operator to use by a service ofaninmateto corpse ‘Ra’ andtherefusal burial for the totransport the refusal Corrections by Service Fiji unprofessional treatment ofcustomers by stateactors, criminal intimidation.criminal members ofpublicfrom accessing publicplaces and atrestaurants,poor customer services of barring matters, disconnection from watermains, landissues, of conversation, evictions, arbitrary custody child cards, voter ID new for recording unauthorised DVRO matters, socialmedia, separation, requests civil lawsuits, abuse, child issues, landlord/tenancy matters, matters, court family employment relations, disputes,neighbourly employment, custody child landissues,The nature included ofthese advisories six enquiries, andrequests advisories assistance. for The Commission received one hundredtwenty and sought from theCommission Enquiries, AdvisoriesandAssistance minimum standards the election human rights during the Election Day in 2018, of observance ensuring The Commission monitored polling venues on Monitoring 2018General Election commenced investigations intothematter. settlement.arson inaninformal Police Fiji Force had The Commission received acomplaint ofalleged Crimes Act assistancewithfilingjudicial for redress application. The Commission received a request from aninmate Judicial Redress requests compensation. for and claims abiding by ofsalesandpurchases terms agreement onfalling avehicle, disputes, property individualsnot surge arrestordefective components oftheelectricity allegations that nature ofthesecomplaints included assessment, ascivilmatters. were classified The The Commission received sixcomplaints that, upon Commission Civil mattersbrought before the General Election with an aim to ensure Fiji enjoys ElectionGeneral withanaim toensure Fiji initiative a key in 2018 to monitorundertook the 2018 National HumanRightsInstitution, theCommission spheres inall ofhumanrights life.observance Asa monitoring, investigating on andreporting the Constitution to section 45(4)(c)ofthe Fijian Commission hasaconstitutional mandateunder The HumanRightsand Anti-Discrimination process. prohibited grounds ofdiscrimination. speech based onrace,or inciteviolence religion, ethnicity and other freedomexpression of DOES NOT give onethe right topromote hate Human rightsfreedoms and comewith responsibilities. The right to • • fundamental humanrightsandfreedoms. This includes: result of their participation. The law must therefore guarantee where citizensnot fear do participation for their safety as a Creation ofanatmosphere that ensures full political treatment andbenefitofthelaw. is equal before the law andhasthe right to equal protection, ‘non-discrimination’,Principle of which means every person Minimum humanrightsstandards . . . . be clearlydefined. interests.the security forces ofpolice and Role must a democraticsociety forthe protectionpublic of must be (1) prescribed in by law and(2) necessary organisations. inpolitical All restrictions participate Freedomthe right including toassociation of form and health andtheorderly conductofelections. public safety, publicorder, publicmorality, public only limitedby lawinthe interest security,of national Right toassembly thatmustbe peaceful (non-violent) choice. Right toto information be able to make aninformed access to allpoliticalviewpoints. a free,including responsiblefair and media that gives people must be able to freely express themselves Freedomspeech, of expressionand andpublication features of a free and fair elections, observance voters abouttheelection process, inparticular, the andinforming Elections Officeineducating Fijian withthe The Commissionclosely worked election process. the protection during monitoring humanrights of all phases,and thepost-electoral promoting and played role bothinthepre-electoral aninstrumental a free, fairandcredible elections. The Commission 31 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 32 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 collaborated with the Fijian Elections Officeinthe withtheFijian collaborated The Director oftheCommission, Mr.Raj Ashwin oftheelection process.have marred theintegrity could which on socialmediaplatforms particularly religious anddissemination vilification ofinformation eye on hate speech, statements related to racial and preparations period, andcampaign keepingaclose The Commission alsomonitored thepre-election standards elections. during ofminimum humanrights elections andobservance on features of a free parties and fair and political Elections voters, Officetoeducate politicians aspiring by launched theCommissionjointly andtheFijian the role ofthemedia. Abrochure wasproduced and election, compliance Act withtheElectoral andon of minimum standards the human rights during • • • • • • • Some observations notedduringmonitoringSome observations Election officialswere generally applauded fortheir professionalism Adequate seatsprovided to thevoters to waitaround dueto badweather there shouldbepictures ofthecandidates Some voters were with numbers confused paper suggested on ballot and Poor lightinginsidesomepollingvenues to voters aswelltheElectionofficials Policepresence venuespolling washigh atall providingsafety security and another location Voter registration– somevoters confusion they found were registered in on ElectionDay in someareaspersons withdisability and duetoharsh weather condition venue polling - accessing Accessibility some elderly challenging for was exercise include:

IDEA). Assistance(International andElectoral Democracy was facilitatedwhich by International Institute for organisations on process electoral with civil society to vote. twoThe institutions also held discussions period,blackout andright dissemination offakenews religious vilification, hatespeech on socialmedia, press asracial and conferences issuesuch on crucial pre-electoral phases, andpost-electoral heldjoint Northern divisions onNorthern theElection Day, toobserve The teamwasdeployed intheCentral, and Western venues andtheelection process on theElection Day. Commissioner Nicole Daniels)tomonitor polling The Director ledtheCommission team(staffand Monitoring Polling Venues polling venuepolling in Veiuto on theElection Day Konusi Konrote (Ret'd)Jioji Major-General ata The Commissioncaught up with HisExcellency team voters.represented ofFijian thewill and whether the outcome oftheelection broadly voters wereFijian abletoexercise theirvote freely Election responsibilitytoassesswhether withkey General the 2018Fijian toobserve Government international organisations invited by theFijian elections. isagroupand The MOG ofcountries standards general ofhumanrights during observance Group on (theMOG) Multinational Observer The Director alsohelddiscussions withthe venuea polling in Tailevu Group at the Multinational Observer Director briefs GroupObserver (theMOG) Engaging withtheMultinational relation toviolation ofthe constitutional tovote. right The Commission received nomajorcomplaints in process. standards theelectoral human rights during the Commission’s of mandatetomonitor observance Nausori and Tailevu). This exercise wasinlinewith venues division in Central (Navua, Suva, Nasinu, Nadi, Lautoka, Ba, Tavua and21polling &Rakiraki) Bua), venues 47polling in Western division (Nadroga, division (Labasa, &Dreketi -Macuata Seaqaqa & This consisted of19polling venues in Northern Harbour. Commissioner Nicole DanielswithDirector venue atapolling inPacific venues intheselocations. The Commission monitored atotalof87polling standards. areas, compliance monitoring ofhumanrights inurban, venuesthe polling located andremote rural in thetable, below. the Commission. The mediacoverage issummarised social media, intheircommunities oron thestreets to racial andreligious eitheron attacks the including any withoutfear incidenceofviolence toreport Fijians of theoutcome Election, ofthe2018General urging the mainstream media, theannouncement following vilification. wasalsoputoutin An advertisement sparkedmedia mania which racial and religious debatesandtoexpressand political concernon social phase toreflect on theelection process,campaigns, shows on theElection Day andinthepost-electoral Director alsoappeared on live radio andtelevision and responsibilitieson the poll. their rights during messages to thevoters, andcandidates parties political the announcementoffinal results, sendingsound phase,poll stations ofpolling andon attheclosing pre- ofElections bothduring with theSupervisor Director heldanumberofjoint-press conferences of voting, theirvote. themtocast encouraging The the voters on the Election Day on the importance of raceandreligion. The Commission to calls made ontab onandintolerance thegrounds hatespeech inthepre-electoral phase,to campaign keepinga to reach freedom outtothepublicandappraise Commission vigorously usedthemainstream media electionA democratic isimpossiblewithoutmedia. The Mr. holding ajointpress Mohammed conference. Saneem ofElections,Commission Director andSupervisor AshwinRaj Engaging withMedia

33 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 34 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 Media Engagement–2018General Election 01/11/ 2018 12 /11/2018 08/11/ 2018 20/10/2018 19/11/ 2018 Date 2018 General Election Media engagement (pre-poll anpost-poll) Mediaengagement Election 2018General Date videos/207118116870037 https://web.facebook.com/Fijianelectionsoffice/ the requirements ofthelaw. period.like theblackout pleaseensure there So compliance isfull with between fact andfiction, themore Ithinkall reason tohave something fake news, peopleare difficult todelineate beginningtofindit really without pressure, withoutinfluenceandthatfact thatthere isso much that ourvoters arevotes get sothatthey thatreprieve abletocast If you wanttoseefree, fairand credible elections, you need toensure please exercise reason. wish topost, they postwhatever will thatthey continue toclaim to Also toindividualswhoare residing abroad andare recusant and action on it. takeswift sowe can immediately underthepretext that of fakenews legitimatemedia–pleasereport the activities on socialmediatoensure thatifthere isany proliferation We ssoasitaffects alsoappealtothepublicsenseofreason particularly without unduepressure. theirvotes freely, cast can the much sothatthey neededreprieve isto give people,The intention period ofblackout voters inparticular period. compliance withtherequirements blackout setoutunderthelawfor andmembersofthepublic-pleaseensurecandidates thatyou infull mainstream media, parties, membersofthepolitical individual requirements setoutlawundersection 63, 110and118sotothe sothatwe wouldperiod liketoensure with the thatwe comply that we…just wanted to implore are in the blackout on still everyone Joint Press Conference freely-raj http://www.fbc.com.fj/fiji/70620/let-people-make-their-choice- Raj freely: peoplemaketheirchoice Let campaigns/ https://www.fijitimes.com/2018-general-elections-close-watch-on- on campaigns Elections: watch 2018 General Close electoral-rules-says-human-rights-director/ https://www.fijitimes.com/2018-general-elections-campaign-within- Human Rightsdirector Elections: rules, says 2018 General withinelectoral Campaign upcoming-election http://www.fbc.com.fj/fiji/69183/fradc-preparing-teams-for- upcomingElection teamsfor preparing HRADC page facebook Office Elections Fijian FBC Times Fiji The Times Fiji The FBC Outlet Outlet Media 18/11/ 2018 18/11/2018 18/11/2018 16 /11/2018 15/11/2018 14/11/ 2018 13/11/ 2018 videos/2162459300660581/ https://web.facebook.com/fijibroadcastingcorporationtv/ vilification and religious racial any incidenceofviolenceincluding are toreport Raj: Fijians Raj-k5rs29 of-violence-including-racial-and-religious-attack-on-social-media--- http://fijivillage.com/news/Report-incidences-and-take-screenshots- onsocialmedia–Raj attack and religious racial incidencesandtakescreenshots ofviolenceincluding Report violence-raj/ https://www.fijitimes.com/report-without-fear-any-incidence-of- any withoutfear incidenceofviolence:Report Raj right-information-out http://www.fbc.com.fj/fiji/70924/media-focused-on-getting-the- days. Meanwhile, government istobeannouncedinthenexttwo anew out information ongetting theright Media focused social-media http://www.fbc.com.fj/fiji/70878/fijians-warned-to-be-cautious-of- ofsocialmedia tobecautious warned Fijians polling-at-stations/ https://www.fijitimes.com/2018-general-elections-raj-content-with- Elections:2018 General atstations contentwithpolling Raj warned-about-fake-news https://www.radionz.co.nz/international/pacific-news/375771/fiji- fineandupto10 yearsinjail. chance ofahefty risk the Offenders stickers. banners andcar the complaints to the elections office said some material remained on atmidnighton Sunday, started blackout A two-day campaign but fakenews. saidpeopleshouldreport Mr Raj hard wasfact todecidewhich orfiction. saidthere it thataudiencesfound Ashwin Raj wassomuch fakenews free access toAustralia andabanon Diwali. celebrating mediausershave fakemediasiteswithitemsaboutvisa- found Social fakenews. They were any peopleto so-called telling report totomorrow'srun-up election. inthe stories are aboutfalsenews warning inFiji Election authorities aboutfakenews warned Fiji FBC Fijivillage Times Fiji The FBC FBC Times Fiji The NZ Radio 35 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 36 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 27/11/ 2018 25/11/ 2018 25/11/ 2018 21/11/2018 18/11/ 2018 https://www.youtube.com/watch?v=_LlXClEmKU\ campaigns political usedduring Hate speech Issue ofdivision basedon race andreligion racial andreligious vilification usingsocialmediatoinciteandstatements borderingon candidates and ledby parties ofthecampaigns thepolitical analysis Critical –AshwinRaj Aaina media andhow itwascovered period theblackout byRespect for theFijian politicianstocampaign social mediaby certain ofmud-slinging inlight oflevel usedon humandignity Respect for beingpostedon socialmediaplatforms against thefakenews the2018generalelections Role ofmainstream mediaincovering local Up–AshwinRaj Close https://www.youtube.com/watch?v=9rzkxXin5Uc&t=216s Redress provided by HRADC Discusses therole oftheHRADC Use ofsocialmedia, by hatespeech some politician 4 Raj The Record –Ashwin https://www.youtube.com/watch?v=QkbZVNIaZXI thepoll during insults tojournalists Use ofsocialmediatospread fakenews, racialandreligious vilification, and Anti-Discrimination Commission incidenceofracialandreligious totheHumanRights attacks Report Speak Your Mind, Director, -HRADC Guest AshwinRaj religious-attacked-with-fear http://www.fbc.com.fj/fiji/70962/fijians-urged-to-report-racial-and- withfear attacked racial andreligious urged toreport Fijians Two Fiji Radio FBC TV/ TV Fiji FBC TV Gold FM FBC TV/ FBC every citizen.every The imperative to register sexoffenders, protect andfreedoms fundamentalhuman rights of the statebutsodoesconstitutional obligation to lieswith protection inplace mechanisms invariably holding offenders accountable andputtingeffective to live free alife ofviolenceandsexualabuse, by public safety, child ofevery theright including old boy. ofpromoting responsibility The primary accused person wasa12year charged with rape was 1 year 10 months and the youngestin Fiji Bill. In2017, theyoungest victimofsexual violence concern thathasprompted theformulation ofthis Commission appreciatesand thesenseofurgency The HumanRightsand Anti-Discrimination 2018 13th April Sex Offenders BillNo.6of2018 and HumanRightsonRegistration of Standing CommitteeonJustice,Law Submission to theParliamentary Submissions Parliamentary persons. of arrested and rights and detained to life to right redress. for taken tocourt cases wereThe in relation Two violations were ofallegedhumanrights cases andtwo International Covenants.Bills committees in2018on two proposed to parliamentary this,In materialising theDirector made submissions redress ofrelief otherforms orremedies. orfor violated, for tocourt makingapplications including secure appropriate redress have been ifhumanrights and take steps to to alleged abuses of human rights receivingfor andinvestigating complaints inrelation the Constitution, theCommission isalsoresponsible existing orproposed laws. Aspersection 45(4)(e)of of Rights, recommendations including concerning rights andfreedoms the affecting recognised underBill recommendations concerning matters toGovernment Constitution, theCommission ismandatedtomake tosection 45(4)(d),Pursuant oftheFijian and Policy Analysis Goal 2:Litigation discrimination. withoutunreasonableemployment andeducation tohousing, theright including subsistence rights that have beenregistered to assexoffenders access of those and the ability reintegration into society ofrehabilitation,impact on oftheBill possibility toappealandthe theright access tojusticeincluding tobefreethe right from mentalandemotional torture, isavictimorperpetrator, whetherthechild the child matter concerning 41(2) of the Constitution in every best interests as required of a child under section consideration tothe giveswhether theBill primary aperson thataffects undersectioninformation 25(2), to thecorrection ordeletion offalseormisleading person hastheright constitutional safeguard thatevery Constitution,pursuant to24(1)(c)oftheFijian the life and family to 24(1) (a) and respect private for ofpersonal pursuant information confidentiality and respect human dignity, for to privacy on the right Human Rightsmust consider theimpact oftheBill Standing Committee on Justice,The Law and ofsexoffenders. andthehumanrights public safety therefore, require will carefulbalancingbetween is made with theconsent oftheCommissioner for toany information otherperson unlessthatdisclosure that registeredmust not disclose is disclosed offender a person towhom personal abouta information requires 29(2)(a)and(b) further that Section law.other written or requiredpermitted oflaworunderany by acourt bythe person isauthorised theCommissioner or any intheregister information unless not disclose toaccess the register mustperson whoisauthorized provisions confidentiality which require thata under section 29 (1) (a) (b) has strong and salutary restrictions, before theBill theParliament ofFiji and communitynotifications residency including ofthepersonal detailsofregistrantsdisclosure under the Walsh public Act allows for consequently and where legislation to maintainingpublicsafety that asexoffender’srights remainsecondary privacy have where established theCourts United States to privacy. of the right curtailment Unlike the result can insignificant monitoring Punitive privacy Confidentiality andtherightto Rights ofthesexoffenders 37 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 38 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 of age andabove whohave beenconvicted ofasexual requires the Bill thatchildren whoare 12yearsWhile Best Interests ofchildren have amendedhasbeendenied. information right toknow why the offender hisorher request to strengthened bybe further affording the registered recorded intheregister. provisioncan This particular details oftherequest andthedenialofrequest is denies therequest toamendtheinformation, thenthe and section 30(4)provides that if theCommissioner withtherequest comply toamendtheinformation whethertheCommissionernotify the sex offender will that the Commissioner must take reasonable steps to the register thatisincorrect. 30(3)requires Section to the Commissioner held in to amendinformation written request can makea provides thatasexoffender register inrelation to thesexoffender.Section 30(2) thatisheldinthe provided theinformation withall right to be provides haveBill thatsexoffenders the Constitution.25(2) oftheFijian 30(1)ofthe Section isconsistent 30oftheBill withsection Section false misleadinginformation Right to correction ordeletionof publicawareness. including the Bill of implications understanding ofthehumanrights toenhancetheir andethicstraining human rights must undergo compulsory Registry Offenders Sex assignedtomanage asEducation) the such ministries under different jurisdictions, andother relevant interpretations aboutwhatconstitutes sexualoffense in relation to corresponding and differing offenders (Police Force, Corrections, Immigration particularly public safety. Furthermore, lawenforcement agencies topromote must belimitedtowhatisnecessary orboth.or civilliability disclosed The information and may therefore prosecution be subject to criminal intheregistry againstany person included services) housing, benefitsor andothernecessary education unreasonably (denialof act ordiscriminate a criminal toinjure, intheregistry information harass, orcommit and theirfamiliesagainstpersons whomay usethe provision protects which those that are registered of provisions under29(1)and(2). This isasignificant of a contravention in the event term imprisonment section 29(3)(a)and (b) providesfinesand for law.of laworunderany other written Furthermore orrequired permitted by acourt person orotherwise or protection of a the safety of ensuring the purposes • thebestinterestsissues involving offender: ofachild consideredCourt threewhenapproaching principles in areas totheirdignity, formative theConstitutional sentence would result inthesanctioning ofexclusion their havingserved that beingon theregister after child, bestinterests thechild are paramount. Inruling matters concerning the all point for that the starting child. isa offender held The Constitutional Court isunconstitutional Offenders whenthat Sex for of asexualoffence on Nationalparticulars Register the tomakeanorder toinclude requiring courts and Another (CCT that a law 114/13) [2014] ruled ofJvNationalcase Director Prosecutions ofPublic inthe South Africa in The Constitutional Court life. toenjoy andfamily private the ability enjoy to education, theright gains employment and the psychosocial development ofthechild, to ability must be given to the adverse impact of registration on to the best interests of children. Careful consideration young fails togive sexoffenders proper consideration registration of must consider whetherthemandatory be offence registered assexoffenders, the Committee other than the child beingsubjecttoregistration.other thanthechild protected beadequately throughcannot any means of sexual re-offense and that public safety a high risk child poses whethera must determine qualified experts thatapanelof in thecontext oftheUnitedStates recommendations made by theHumanRights Watch Furthermore, theCommittee may alsoconsider the • • should determine whether anindividualisa should determine “sexually offender. oflaw, oracourt Apanelofexpert however, ofthesex isdependenton theclassification registry will length ofthetimeasexoffender remain on the being keptintheregister indefinitely. IntheUS, the life” for thanbeing rather “labeled the registry by set aside or vitiated by of law be removed a court from offenders, whose convictions haveoverturned, been The Bill must establishmechanisms by which registration Right ofappealagainstlifelong

heard at every stage ofthejusticeprocess heard atevery to be an appropriate and adequate opportunity the c approach offenders tochild the lawoughttomakeal adults andchildren the lawshouldg hild orherrepresentatives must beafforded enerally distinguishbetween enerally lowance anindividual for live free a life of sexual violence and the fundamental between our right, that ofourchildren, including to offenders. As towardswe strive abalance striking reaching consequences families of sex for collateral ostracism andcommunitysegregation have far can to housing, andemployment. education Vigilantism, on registeredbarriers of interms access sexoffenders The Committee shouldalsoconsider integration free from mentalandemotional andtrauma torture tobe tointegration andtheright stigma andbarriers basedandconsider theimpactand evidence oflifelong mustLaw berational, proportionate, rehabilitative penaltiesunderthelaw.it differing with given that eachofthesetransgressions carry will to rape, indecentassault, defilement, sexualassault assault with intent to rape, abduction with an intent rape, as such sexualoffense classifies rape, attempted strongly recommends thatsectionfurther 5oftheBill inpublic.as urinating Therefore, theCommission sex between teenagers orinnocuousbehaviorsuch withlessextreme as rape such ones as consensual such toowideanetthatmetonymisesheinouscrimes cast convictions asthere isadanger thatregistriesmay andotherviolentcriminal asrape the samecategory in must notmixminoroffenses offender registry Sex Classification ofsexualoffenses their humanrights. against life-long registration wasincompatible with right ofappeal the offenders thatdenying UK ruled remain on theregistry. In2010, in Court theSupreme andtherefore must topublicsafety posesarisk still to provethe registrant that the registrantto the State have argued, theburden from shifts fundamentally communities in other constitutional jurisdictions changed. of risk assigned level This,rights human reoffending inorder tobeableappealorhave the or substantial time living in a community without topresentofrehabilitation evidence the opportunity and registrants reviewed given must be periodically individual hasremained free. offense The registry andthelengthoftimean or therapy history atthetimeofcrime,of theoffender treatment nature ofthecrime, history, offending prior theage convicted taking intoconsideration offender the each basisfor should beassessedon a case-by-case risk,The asHumanRights Watch, has recommended, for life. offender registry violent predator” andtherefore needstobeon thesex sexual violenceinFiji. account, of causes we must alsoexaminethestructural whileholdingthemto ofperpetrators human rights preventing attacks on human dignity regardless of preventing on attacks human dignity we are failing inourconstitutional responsibility of ofaretraction.possibility Inafundamentalsense, mannerornotdeletedatall,a timely letalone the punishable content isnotbeing deletedin criminally Given thespeedandscopeof socialmedia, tobefreethe right from hatred. and toreputation oftheright deprivation andprivacy andthe It constitutes anassaulton humandignity the narrow definition of emotional distress”.“serious of expression. constitute all They ‘harm’ beyondwell dissentthroughdemocratic theexercise offreedom under any circumstances bejustifiedaslegitimate racist andexploitcommunalcannot differences misogynist,acts thatare homophobic, unabashedly ofhatredthe surge inadvocacy through speech those of children, including tragedies and calamities images ofvictimsviolenceandunforeseen and circulation ofintimatevisualrecordings including andabuseofpersonal data,disclosure bullying cyber through the to privacy Infraction oftheright groups ofpersons. oppression againstany ofordiscrimination persons or topromotemanner likely or ethnicorreligious will ill individuals, orrespected officesorindividualsina of individuals, onattacks thedignity groups of established by lawandtheresponsibilityofpreventing have acorrection publishedon reasonable conditions injured by to inaccurateoroffensive media reports Constitution,26 oftheFijian ofpersons therights grounds prescribedundersection ofdiscrimination on hatespeech any oftheprohibitedhatred including dignity, tobeprotected of theright againstadvocacy toreputation,and maintenanceoftheright privacy, justifiable limitations in the interests of the protection the state has a constitutional obligation to authorize International Covenant on CivilandPolitical Rights), 19 and 20(2) of law (Articles human rights andconsistent with international an absoluteright Freedom of speech, expression is not and publication 1st May 2018 Bill, No.7of2018 and HumanRightsonOnlineSafety Standing CommitteeonJustice,Law Submission to theParliamentary 39 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 40 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 • • • • anorder: for tothecourt apply can following mental incapacity. Undersection 17oftheBill, the children from and thosewhosuffer media including and susceptibletoabuseviolenceon thesocial redress those that are for mechanism most vulnerable Commission,an OnlineSafety setsoutatransparent Bill,Safety The Online through theestablishmentof Are thelimitations proportionate totheaimpursued? (4) society? inademocratic the limitation necessary Does thelimitation pursue alegitimateaim?(3)Is safeguards: (1) Is the limitation prescribed by law? (2) legislation must beweighed againstthefollowing ofothersand concernsabouttherights raises still attract criminal, civiloradministrative sanctions but justify civilproceedings andexpressions thatmay not punishablebutmay that may notbecriminally offense, constitute a criminal that clearly expressions distinctions indrawing between expressions critical isnecessary.ambiguity is Minimum legalambiguity withminimum andhatespeeches legal on dignity thepreventionreputation from including attacks of freedom ofexpression andtheprotection of a careful balancebetween thelegitimateinterests reputation. Therefore, alegislative action thatstrikes grounds of discrimination, to and the right privacy race, religion, andotherprohibited sexualorientation following orders:following under section 22oftheBill, makethe can thecourts proceedings for may and refer matterstothe court proceedingsfor pursuanttosection 18oftheBill thethreshold considering carefully Commission after Once inreceipt ofacomplaint, theOnlineSafety •

the police complaint undertheAct; or of anindividualifthehaslodged a the Co the sc maybe; the case fromor aperson suffering mentalincapacity, as behalf ofanindividualiftheisachild a par electronic communication; suffered as a or may harm suffer result of an an individualwhoal constitutes a threat to the safety ofanindividual.constitutes athreat tothesafety whoconsents;student ofthatschool school, orhisherdelegate, iftheindividualisa hool principal orhead teacher ofaregisteredhool principal ent, legalguardian orrepresentative on mmission on behalf, andwiththeconsent, , iftheelectronic communication leges thatheorshehas posting anelectronic communication would cause toconsider whether indetermining thecourt for criteria clear establishesvery 24(3)oftheBill Section exceeding 7years orboth. not exceeding ofimprisonment $50,000ortoaterm officer, managerincharge orofficertoafinenot exceeding adirector, $100,000andfor executive chief ofabodycorporate,both andinthecase afine not not exceeding a term 5 years for imprisonment or of anindividualtoafinenotexceeding $20,000or communication isliableupon conviction inthecase causingharm bypostingelectronic of The offence not exceeding 1year or both. not exceedingofimprisonment $10,000ortoaterm executive officer, managerin charge or officer to afine a finenotexceedingfordirector, $20,000and chief ofabodycorporate months orbothandinthecase notexceeding aterm 6 for $5,000 orimprisonment befinedupto andanindividualcan under theBill Non-compliance order isanoffence withacourt be dismissed. circumstances of the case, should that the application is satisfied,18 (3) if the court having regard the to all made by thepoliceon itsown motion undersection orvexatiousbe frivolous ormay dismissanapplication 17 on itsown motion ifitconsidersto theapplication made todismissapplications undersection the court inappropriate. 18(2)alsoconfers powers Section to or actionvexatious or thatany isunnecessary further to any person orthatthecomplaint or isfrivolous harm the nature tocause ofcomplaint inunlikely Commission considers thatthesubjectmatteror refuse toinvestigate orceaseaninvestigation ifthe The Commission undersection may 15oftheBill • • • • • •

suc an or an or an or an or an or deems justandappropriate inthecircumstances. compensation ordamages asthecourt monetary conduct isthesubjectof thecomplaint; which or to theapplicant; any otherperson tosendsimilarcommunications communications orencourage totheapplicant electronic communication; h otherorders, for payment including der that an apology bepublished; der thatanapology der thatacorrection bepublished; der thattherespondent notengage inany der thattherespondent notsendsimilar der toremove ordisabletherelevant On 7 July 2017,On 7July Parliament theGerman passed an media Germany andtheregulation ofsocial media? consideredjurisdictions the regulation ofsocial anexception orhave otherconstitutional isFiji So and consent topostthoserecordings. distinction must bemade between consent torecord theconsent ofachild”.does notinclude Afurther (4) must be “voluntary, expressed, and andinformed visual recording under25 butconsent asarticulated concerned consents tothespecificpostofintimate who is the subject of theelectronic communications iftheindividual that subsection (1)doesnotapply It isimperative tonotethatsection 25 (3)provides exceeding 7years orboth. not exceeding ofimprisonment $50,000ortoaterm officer, managerincharge orofficer afineofnot exceeding adirector, $100,000andfor executive chief afinenot ofabodycorporate both andinthecase not exceeding a term 5 years for imprisonment or befinedupto$20,000or of thissubsection can commits anoffence by contravening theprovisions recording ofanindividual. An individualwho must notpostorthreaten topostanintimatevisual provides 25(1)oftheBill thataperson Section Posting ofintimatevisualrecording • • • • • • • harm:

appeared. the co false; whether theelectr communication; the extentofcir repeated; whether theelectr anonymous; whether theelectr concerned; the ag used; the extr ntext in which theelectronicntext inwhich communication e and the characteristics oftheindividual e andthecharacteristics emity ofthelanguage,emity images orvideos onic or communication istrue culation oftheelectronic onic communication was onic communication was engage Code. incensorship basedon theCriminal companies to thedeputizingof private including prohibitions inrelation to “defamation ofreligion” of hatespeech, defamation, criminal insultand Codeuses broad Criminal German concepts groupsrights emanatesfrom concerns thatthe opposition to the The principle Act from human society.democratic ina isintolerable thathatespeech clear abundantly ofHumanRightsthathasmadeEuropean it Court to account. case lawsfrom haveThey citedthe the content andholdingthosewho postcriminal speech legitimate objectivesto achieve combating hate toanonymous expressionthe right where necessary toputlimitationsargued thatstateshave on theright freedom of expression, the Federal has Government for ofanonymity recognizing theimportance While potential oftheoffender. also arguedthatfines must alsoconsider theeconomic profits,make serious the has Government Federal test. operators tothefact Alluding thatplatform to judicialreview, aproportionality includes which accordingdetermined andsubject toindividualcases obligations. or supervising the reporting are Fines ortofulfil a compliance system organize properly whereindividual postsbutonly aprovider failsto ground thatfinesare considering notappliedto ofthefines doesnothold much the proportionality tosocialnetworksrationale must and that apply content, ispremised on theargumentthatsame in relationoperators to the complaints against illegal The Act, which regulates theobligation ofplatform not beequatedwithcensorship. andprotectiondiscrimination should againstcrime the respect thelawwith regard for toprivacy, anti- with international lawandthat legislation enforcing toremoveoperators content illegal isconsistent on andtheobligations theinternet ofplatform attacks to protect andcriminal victimsofhatespeech Federal hasarguedthattheStates’ Government duty tantamount tothe ‘privatization ofcensorship’, the thatlegislationResponding is tothecriticism 19.as Article from groupsattracting criticism humanrights such of upto5millionEuros thesetransgressions for respectively butalsoimposespenalties and 7days content”“violating of24hours withintimeperiods code defines as violatingcontent”criminal “clearly and requiresnot only ofwhatits theremoval andblocking regime that liability Act establishinganintermediary 41 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 42 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 In the case of Dow JonesIn the case v. Joseph Gutnick, ’s another country? about someone in damaging materials but operate and holdindividualstoaccount have ifthey posted is whetheritpossible to institute legal proceedings regulation of social media. Preeminent amongst which questions whenitcomes aboutjurisdiction tothe fundamental raise often boundaries of territorial space andtheblurring cyber The ubiquitousnature of Jurisdiction Action. of Plan of Expression andtheRabat andEquality inthe Camden Principles onas articulated Freedom mandate by on drawing internationalbestpractices Commission withthisparticular the OnlineSafety Anti-Discrimination Commissionalsoassist can material”.of online safety The HumanRightsand programmes,and education theprovision including under sectionto 8(b)oftheBill “organize awareness Commission must useitsmandate the OnlineSafety protocols toensure oftheBill greater online safety, providers enterthe orplatform intermediaries Should andby acompetent judicialauthority”. intermediary of appealthrough theprocedures provided by the remedies users, affected for thepossibility including the content involved. Finally, there must beeffective to theimpact ofrestrictions strictly and minimize before theimplementation ofrestrictive measures; wider public; provide, ifpossible, tousers forwarding about measures taken, andwhere tothe applicable judicial intervention; betransparent totheuser to: after implementrestrictions totheserights only recommends intermediaries Rapporteur the Special users, ofinternet expression toprivacy andtheright “To tofreedom theright avoid of infringing recommended liability that: intermediary and expression inhis2011recommendation on and protection tofreedom oftheright ofopinion Similarly, on thepromotion Rapporteur theSpecial ordeletedunfairly.has beenblocked toappealuserswhosecontent theright including groupsrights wasthattheAct provides norecourse, of expression. ofthe Act The othercriticism by human on freedomto understandthecomplex jurisprudence failure ofcompanies andsocialnetworks on thepart ofthecontent coupledwiththe bylegality acourt content withoutanyor block determination ofthe Apprehension stemsfrom theobligation toremove Australia againstaUSweb site. damagesdefamationfor couldbecontinued in Following this principle, held that an action the court thatthedamage toreputationmaterial couldbedone. place where any person downloaded thedefamatory the damage tothereputation occurs. Itwasinthe attheplacethat defamation where istobelocated restrictions.geographical held further The Court isavailabletoall,that theinformation without onpost information the social media do so knowing heldthatthosewho judgmentfurther The majority damage. reputation insociety, free from unwarranted sluror an individual'sinterest inmaintaininghisorher andideasonof information theotherhand, interest infreedom andthefree of speech exchange balance between, on theone hand, thesociety's a held that the law of defamation seeks to strike ofDow Jones intheUnitedStates.servers The Court defamation concerning an article, hosted at the anaction for had totry thejurisdiction Court of Australia held that The the High AustralianCourt the matter. over couldnotassumejurisdiction Australian Court andthereforeis maintainedintheUnitedStates an theserver because waspublishedinNewJersey article Dow Jones argued that the published in Victoria? waspublished. material alleged defamatory Was it ofAustralia where wasexactly the HighCourt the ofAustralia.Court The subjectof debatebefore andtotheHigh ofappeal in thecourt Victoria thematter. totry jurisdiction case wasappealed The judge had heldthatthe Court Australian The primary precedent. settinganimportant in UnitedStates thatappeared on theirwebsite over anarticle Victoria Dow be sued in the Australian Jones can state of thatthefinancialpublishers hasruled (ICCPR) and International Covenant on Economic, International Covenant on CivilandPolitical Rights on Foreign ofthe Ratification AffairsandDefence on Committee Standing totheParliamentary Submission considers alegislation thatpromotes online safety. be free from ofhatred. theadvocacy ItistimethatFiji dignity, andreputation, privacy to theright including imperative toprotect ourconstitutional to right freedom ofexpression must bebalancedwiththe rights through for civilandpolitical clamour The Conclusion needed national discussion on justifiable limitations fora much catalyst ofcanbea ratification The ICCPR commissionhuman rights anddevelopment partners. civil society, international community, thenational Rights Councilandstrengthen itsrelationship with bolster Fiji’s tosecure aseatattheHuman efforts andwill and openingitselftointernational scrutiny promoting andfreedoms fundamental humanrights legal safeguards in the interests of protecting and sustained commitment towards strengthening of ICCPR andICECSRwould demonstrate Fiji’s High Commissioner HumanRights. for Ratification by persons theUN withalbinismandmostrecently on theenjoyment ofhumanrights Independent Expert xenophobia andrelated andtheUN intolerance ofracism, forms contemporary racialdiscrimination, toeducation,the right on Rapporteur Special (CRPD), on Rapporteur invited theUNSpecial Convention on theRightsofPersons withDisabilities theConventionhas ratified Against (CAT),Torture Following its Universal Periodic in2014, Review Fiji over anothercovenant. framed preferentially of bothcovenants isnecessary. And, one must notbe are constitutive,rights mutually therefore, ratification andeconomic rights andsocial civil andpolitical intersectional, and, usthat instructs asFiji’s history interdependent is and indivisible anddiscrimination areGiven that humanrights interrelated, enjoyment ofcovenant rights. by persons orentitiesthatwould private impairthe committed by thestatebutalsoagainstacts committed protectto notonly individualsagainstviolations The covenants place apositive obligation on the state progressive thanICCPR. Constitution renders of Rights as far more our Bill prohibited grounds intheFijian ofdiscrimination sexual orientation, andexpression gender identity as of theICCPR andICESCR. of The inclusion provisions, themostsalientfeatures already includes Fijian Constitution,The through ofRights itsBill reasons:the following Economic, Rights (ICESCR) and Cultural for Social Rights (ICCPR) andInternational Covenant on the International Covenant on CivilandPolitical Commission ratify strongly recommends thatFiji The HumanRightsand Anti-Discrimination 4th May 2018 Rights(ICESCR) andCultural Social based on humandignity, andfreedom. equality society promoting ademocratic valuesunderpinning ofinternational lawin theinterestsapplication of Constitution throughof RightstheFijian the strengthen the interpretation provisions of the Bill tofurther two serve ofthe covenants will Ratification development goals. the realisation ofourcommitment tosustainable oftheICESCRratification The alsoenable will how thoserights. tointerpret in international law and rights on civil and political adequate accommodation. the Constitution on theconditions ofdetention and The 13(j)of redress soughtwasin relation toArticle Commission joinedintheproceedings asamicus. on being in possession drug. ofan illicit Court The being remanded charges by on various theHigh [XXX] had fileda redress inperson application whilst AG – CivilAction andDPP No121of2018. HBM 13) Rights ofArrested andDetainedPersons (Article and degrading treatment. of thevictim’s andfreedom tolife right from cruel soughtby theCommissiondeclaration istheviolation pendinginCourt.This matterisstill Themain Action No 137of2018. HBM & of Fiji General The Commissioner of Police –Civil Anti-Discrimination Commission v The Attorney Commissioner on behalfoftheHumanRights& Commissioner on behalfof[XXX] & The Proceedings 8)- (Article Rights toLife The Proceedings Litigation andRedress Application –[XXX] vHRADC, Fiji CorrectionsService, The violated. human rightshave been appropriate redress if Commission to secure Act empowersthe Discrimination Commission Human RightsandAnti- 43 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 44 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 The Commission in reached outto19,971Fijians withdiverseinitiatives communities. throughout Fiji the Commission implementedanumberofadvocacy human rights. tosection 45(4) (a)and(b), Pursuant Constitution topromote aculture anddevelop of Commission ismandatedundertheFijian The HumanRightsand Anti-Discrimination standards venuesrights atpolling on theElection Day, 2018 Director, Mr. of minimum human media on observance briefs Ashwin Raj 2018 National Women’s Expo Women from areas the maritime received during training humanrights Elections Election Officeinabuildupthe2018General Fijian The Elections withthe andHumanRightsbrochure launched wasjointly Communications Advocacy and Goal 3–Education, human rights standards elections.human rights during ofminimum free andfairelections andon observance orgnisations and media advocating on features of a Elections Office,engaged with theFijian civilsociety participation. topolitical the right The Commission on parties thevoters andthepolitical was toeducate by initiativeA key undertaken the Commission in 2018 inremote areas.vulnerable andmaritime education,rights inparticular, reaching outtothe topromotegroups anddevelopment partners human orgnisations,by engagingwith civilsociety youth villages, settlements and communities informal and 2018 through programmes inschools, advocacy Unity Concert organisations Engagement withcivilsociety regarding theAnnual Human RightsMootCourt Constitutionalorganised by Forum theCitizens ofamedialaunch The Commission was also part concert. theunity during recording provided music artists andentertainment people ofdifferentraces tounitethrough music. Local was to inspire concert The intention of the unity onintolerance ourshared humanity. reflect on thefar-reaching consequences ofhateand Commission, Mr. to urged theFijians AshwinRaj concert, officiatingtheunity While Director ofthe ParkSukuna inSuva. at theEliminationDiscrimination for ofRacial the Commission theInternational Day tocelebrate Constitutional Forum (CCF) with incollaboration wasorganisedby concert theCitizens’A Unity ofalive radioshow todiscussracism also part Mataitawakilai andDirector oftheCommission, Mr. were AshwinRaj Citizens’ Constitutional Forum Executive Bulutani Director Sara mark theInternational Day theElimination Discrimination. for ofRacial itstops with you!Racism- – to Concert This was thethemeofUnity

The event is funded and supported event is funded andby supported the EuropeanThe togetherWomen’s withtheFiji RightsMovement. Competition, theCommission which supports Director, Mr. AshwinRaj under theFijianConstitution. guard thesehardand freedoms foughtrights guaranteed tothe right befree fromhate speeches. Wezealously must from freedom ofreligion, and conscience belief also but other prohibited groundsit guarantees of discrimination, of race, culture, ethnicorsocialoriginand amongst color againstbecause discriminated be unfairly that onecannot treatment and benefit of the law. The law expressly provides is equal before the lawand has therightto equal protection, right to equalityandfreedom fromeveryone discrimination, robustthat guaranteesConstitution our Bill ofRightsin the underourConstitution. equal citizenry Today, we have a racial orethniclinesbecausewe are unitedbyand common a votingincluding longer segregatesthat no system along rights fundamental civilandpolitical health, sanitation, exercisingwater,as housing, such toright our services basic or , schemes scholarships/loan for applying or education towe areof institutions trying access a job, for applying havingwithout to declarerace our each time ethnicity or has made to Fiji,wenowproudly can callourselves Fijians diversitythat each community contributions and unique We,have asFijians comealongway. Whilerecognizingthe Towards aSustainable Democracy. Constitutional Union undertheproject titled: in Fiji Transition – 45 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 46 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 national consultation were: HausofKhameleon, proactiveSix LGBTQI groups represented at the sex workers, studentsandsocialactivists. housewives, farmers, workers, casual mediapersons, professionals,medical teachers, entrepreneurs, Participants were from included: which walks of life all fromparticular rural, remote areas. andmaritime orgnisations in fromcivil society across thecountry LGBTQI groups, activists, representatives from andexpression.orientation Those represented were group basedon different gender identities, sexual intheconsultation representingparticipated adiverse fromA totalof68participants across thecountry faced by lives. themintheirdaily afforded spacechallenges discus asafe the to freely sexworkersindividuals andgroups were including thefirsttimeatanational wherefor level LGBTQI theCommissionfor anengagement assuch washeld Human Rights Institutions. event was amilestoneThis withtheAsiaPacificcollaboration of NationalForum was held in and challenges and Intersex) rights (Lesbian, Gay, Bisexual, Transgender, Queer two-dayThe national consultation on LGBTQI Participants attheLGBTQI national consultation LGBTQI National Consultation Engagement withvulnerable groups

into depression andare ofcommitting suicide. atrisk asaresult,counsellors LGBTQI persons are going faced by children ofsexworkers inschool; of lack workplace; denouncement by discrimination family; cyber-bullying, inschool, bullying at discrimination facedcare;discrimination whenaccessing medical particular, police, towards theLGBTQI communities; included: Attitude oflawenforcement agencies, in challenges identified The key byparticipants (SAN). Network Advocacy NetworkAdvocacy andSurvival Network, Advocacy Strumphet PacificRainbow DIVA Equality, for Pride Rainbow Foundation, ...... workers inschools discrimination faced by children of sex of EducationMinistry to deal with The Commission to collaborate with delivery in service bring about attitudinal transformation professional development training to Medical professionals should undergo groups issues when dealing with vulnerable Recognition of intersectional-related not sensationalizingtheirplight about LGBTQI rights and interests and toMedia to build understanding report Need forcounsellors more seriously hate crimes against LGBTI persons Law enforcement agencies to take enforcement agencies Gender sensitization training law for diversity understand and embrace gender level so that families are able to More awareness needed at community Recommendations accessing services oftheCommission toseekredress. accessing services and foreign nationals seeking refugee statusinFiji, children, persons with disabilities, LGBTI persons culturehuman rights inFiji. Hegave examplesof Commission anditsconstitutional mandatetobuild role oftheHumanRightsandAnti-Discrimination Authority, Director, Mr. spoke on AshwinRaj the Development Elections OfficeandMediaIndustry ,Journalists withtheFijian heldincollaboration Elections Accurately andImpartially Training for Addressing mediarepresentatives attheReporting on andfreedom alsofocused hatespeech which ofexpression. Mainstream mediarepresentatives on atthemediatraining election Media andElections culturerights inFiji. by the Commission to build and promote human AlHussein, Raád Zeid on theprogressive stepstaken thevisitingUNHighCommissioner, briefed Raj Mr. The Commission through itsDirector, Mr. Ashwin Representative Pacific oftheOHCHR Office, Massey DrChitralekha Acting Director, Aid Commission, Legal Mr. Ali, Shahin Regional Ashwin Raj, UNHighCommissioner, Mr. AlHussei, Raád Zeid Madam Khan, Nazhat Shameem staff, visitingOHCHR Director, Mr. PermanentFiji's Representative totheUnitedNations inGeneva, Zeid RaádAlHussein Commissioner forHumanRightsMr. Commission briefsUNHigh for businessandhumanrights. for and damages.case compelling makea all very They ofthereputational because businesses precisely risks recognition isbad thatinfraction for ofhumanrights violation.rights Mr. statedthere Raj isgrowing violations andproviding remedy tovictimsofhuman to takeresponsibility ofpreventing humanrights businesses highlightingtheneedfor his speech The Director through apre-recorded video, delivered washeldinSydney.which organised by Australian HumanRightsCommission Stronger Seasonal Worker Program workshop wasrepresented Raj Buildingfor attheCapacity The Commission through itsDirector, Mr. Ashwin Business andHumanRights dispensing itsconstitutional mandate. the Commission faced andthechallenges while on andelaborated therole of inFiji human rights event,Fiji of providing asituational analysis LeadershipThe Director also addressed at reporters Leadership Fiji 47 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 48 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 Director, Mr. AshwinRaj provisions inbusinessorinvestment treaties andcontracts. objectivesby withtheirbusinesses relevant including humanrights as theyobligations rights human economic meet their their pursue encourage states to develop specific legislations to ensure that they thestate’sof andobserve NHRIs can obligations. humanrights practices bodiesthatshapebusiness and statutory are aware fully proceedings.imperativeis It agencies government that departments, of infractionmediation orlitigation ofhumanrightsincluding NHRIs canalsofacilitateaccessto remedies availablethe event in of womenandchildren. corporate strategies to preventparticularly humanrightsviolations specific as well as anti-trafficking policy by supplemented be must two years. The Constitutional safeguards against human trafficking were held by theiremployerworkers inFijiwhosepassports for 2016, investigated a case of human trafficking in relation to Filipino workers toFor lodge complaints. in theCommission instance, outindependent investigations toof carrying encourage affected (NHRIs) can usetheirmandate Human RightsInstitutions National little knowledgeoftheirvisastatus. practice religionand harshrepressive and workingconditions refusalmembers, family visiting breaks,work of toright denialof being under-fed,to unable move freelyincluding the community in and under-payment,exploitation denial ofaccessto medicalcare, working mistreatment,of included allegations verbal by abuse supervisors, Pacific the from workers abroad, was highlighted in media and some ofthe grievances seasonal the of plight The Business andHumanRights RFMF allowingindependentinstitutions for such under international law, he also commended the speaking on Fiji’s obligations humanrights While regardless oftheirrace,in Fiji religion orethnicity”. times. The Constitution, Mr.Raj said“belongs toall Constitution atall touphold theFijian undertaking alsocommended the RFMFMr Raj itspublic for progressive. ofRightsprovisions,Bill itasrobust describing and its Constitution in particular commended the Fijian Sergeant Majors’officers attheRegimental course The Director Mr.Raj while addressing Ashwin the from anddegrading treatment. cruel of arrestedrights anddetainedpersons andfreedom Forces Military (RFMF)Republic ofFiji officers on The Commission to rights training provided human Training Centre inNasese Majors’persons RegimentalSergeant for courseattheGovernment Director, Mr. ledasession ofarrested on AshwinRaj rights anddetained Commission Police Force andLegalAid Forcesof FijiMilitary (RFMF),Fiji Human Rights Training forRepublic Procedure ofarrested andrights detainedpersons. was placed on theadministration ofFirst-Hour- Policewith theFiji Force theyear. during Emphasis was engaged in. were trainings alsoconducted Similar programmes theCommission advocacy human rights rental properties, freedom ofreligion, and rights child practicesinrelation to relating todiscriminatory raisedissues training also Officers attendingthe manual. training andnational security human rights Policethe RFMF andtheFiji Force a indeveloping The Commission with intendsto work inpartnership investigations violations. intohumanrights outits Anti-Discrimination Commission tocarry Policeas theFiji Force andtheHumanRights First-Hour-Procedure Regional Police undergo training on at aworkshop Director, Mr. AidCommission addressing lawyers AshwinRaj theLegal Training forLegalAidCommisison and detainedpersons. first-hour-procedureadministering to the arrested of andon importance principles on humanrights Suva. Director, Mr. theofficers briefed AshwinRaj video recording, Police organised by Fiji Force in of Trainers Courseon first-hour-procedure and PoliceFiji Force InvestigativeTraining Interviewing the received during Nauru training humanrights Police Fiji, officers from Tonga, Samoa, Vanuatuand InvestigativeTraining Interviewing of Trainers Course PoliceDirector attheFiji training conducts ahumanrights Force 49 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 50 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 and politicalproclivities knowsthatthey have the rightto have rights. expression, age, socio-economicbackground, ideologicaldispositions ethnicity, religion, gender, sexualorientation genderidentityand It isimperative thatevery Fijian,irrespective ofgeography, race, theworkshop.during treatment were some issues highlighted by Mr. Raj tobefreesearches andright from anddegrading cruel speaker. Genderdiscrimination, useofviolence, body workshop with Director, Mr. as the guest Ashwin Raj inthe (SAN)participated NetworkAdvocacy Fiji Network Alliance andSurvival of theStrumphet ofmarginalisedgroups.to understandrights Members workshop Enforcement onAgencies sensitisingLaw werediscrimination at the centre of discussion at a ofnon- valuesandprinciples Human rights at aworkshop Director, Mr. Network Alliance members withtheStrumphet AshwinRaj Workers Human Rights Training forSex times. atall and withoutdiscrimination office-holders respectfully must discharge theirduty members ofthepublicseekingtheirservices. Public andcompassionateorientated whendealingwith that publicoffice-holdersneededtobecustomer- a workshop on customer care. Mr. emphasized Raj AidCommission lawyers whowereto Legal of part messagekey given by theDirector, Mr. AshwinRaj them. whileserving shouldbekey dignity This wasa Client satisfaction andtreating themwithrespect and 39 asapanelistatFiji’sparticipate atthe sideevents delegation toattendand oftheFijian waspart Raj The Commission through itsDirector, Mr. Ashwin dialogue. event of a panel discussionfollowed tookform This the by an interactive Inhuman orDegrading Treatment (UNCAT) orPunishment inFiji. the implementation oftheConvention against Torture Cruel, andOther Torture – against torture on hosted an event InitiativeSafeguards (CTI) Human Rights Council, and Convention the Republic of Fiji against Geneva, 2018: 13September Onthemarginsof39thsession ofthe Torture Dialogue onSafeguards against Implementing theNelson inFiji. Mandela Rules - andHuman prisoners inFiji Rightsfor Punishment Cruel,Other InhumaneandDegrading Treatment or – Implementation theConvention of against Torture and were: which two sideevents against torture Safeguards held inGeneva and otherInternational Orgnisations totheUnitedNations Office of theRepublicFiji Commission.Discrimination The MissionPermanent Director,Commission including HumanRightsAnti- Corrections Service, Aid Executive Director Legal Geneva, Hon. ChiefJustice, Commissioner Fiji for Representative totheUnitedNations Officein Permanent delegationofFiji's comprised Fijian th Session oftheHumanRightsCouncil. Session The were both co-panelistsatthe20 and theDirector oftheCommission, Mr. AshwinRaj Commission, Honourable Mr. Kumar JusticeKamal Acting of the Chief Justice and the Chairperson General’s conference andenvironment panelon humanrights Director, Mr. atthe20thAttorney- makinganintervention AshwinRaj Suliana Taukei atthe20thAttorney-General’s conference Rights andtheEnvironment MrDavidBoyd andsessionMs chair Cross Mr. Alfred Grimm, on Human UnitedNationsRapporteur Special Kumar, Head ofRegional Delegation, International Committee on Red Rights andAnti-Discrimination Commission Hon. Mr. JusticeKamal Director Environment for Ms. Singh, Sandeep the Human for Chairman – 7thto 8thDecember2018 20th Attorney- General’s conference (Balancing the Rights of Speech(Balancing theRightsof andSafety). on thesubject: Troll Hunting inthe21 sanitation the environment. Right to life, health, food, water and subject: Honourable Mr. Kumar Justice Kamal spoke on the conference in2018. The interdependence between human rights and The interdependence human between while the Director’s were interventions th Attorney- General’s Attorney- st Century Century Office andthe Commission. Assistance (International IDEA), Elections Fijian andElectoral Democracy International Institutefor orgnisations.society wasorganised by forum The wasattendedbywhich representatives ofcivil on processes addressed electoral Raj thejointforum participation. topolitical on theirright parties Mr. thevoters aswell asthepolitical andinform educate in both pre-electoral phases and post-electoral to Elections Office withtheFijian workedRaj closely The Commission through itsDirector, Mr. Ashwin Josaia Voreqe atthe2018pre-Electoral Bainimarama event. Director, Mr. inconversation AshwinRaj withHon. Prime Minister, Human RightsandElections progressive. describing itasrobust and its BillofRightsprovisions, Constitution inparticular commended theFijian Sergeant Majors’course officers attheRegimental Raj whileaddressing the The Director Mr. Ashwin 51 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 52 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 only Chinesenewspaper.only throughand distributed the ChineseMedia, country’s 21 March. in Chinese The posterwasalsotranslated on annually is observed which Discrimination Racial mark theInternational DaytheElimination for of national newspapers,Fiji The Fiji Sunto Times and you A Poster withthemessage, Racism, itstops with Racism, itstops withyou! disseminatedacrossand widely thecountry. Hindi, Rotuman, ChineseandBanabanlanguages democracy. The brochure in Itaukei, was translated elections andapeaceful transitionintoparliamentary enjoys free,goal toensure thatFiji fairandcredible participation.political event markedThe thecollective oninformation thequestion to oflimitations toright standards elections and human rights during features offree and fair election, upholding minimum participation, topolitical on right parties as political Elections votersas Officetoeducate well with theFijian produced by the launched Commission and jointly A brochure onwas elections andhumanrights oftheElections/Human atthejointlaunch RightsbrochureChandra Commission, Electoral the Fijian for and Chairperson Raj Mr. Suresh of Elections,Supervisor Mr. Mohammed Saneem, Director, Mr. Ashwin Rights Brochure Launch oftheElection/Human !-

was produced and widely disseminatedinthe produced andwidely the arrested anddetained persons and postersoutliningtherightsof Human Rightswallinpolicestations non-discrimination. humandignity,for fairness, of andprinciples equality as respect endorses values such as sports culture in Fiji be used as a mode to build human rights can sports schools. The Commission that strongly holdstheview event, 2018, DeansFinal secondary for heldannually National Stadium, tothepopular sporting prior Suva no to Fiji, discrimination attheANZ wasinstalled united – say all Fijians by common and equal citizenry , all for inclusion abillboard withamessage: We are topromoterights, human In aneffort and equality andHumanRights Sports during caution interviews. caution during first-hour-procedure is administered tothesuspects andisusefulwhen police stations across thecountry and detainedpersons. The postersare displayed at able tounderstandtheconstitutional ofarrested rights Hindi andRotuman), now awidercommunity will be differentposter in four languages (Itaaukei, Chinese, and detainedpersons andwiththetranslation ofthe poster outlinesconstitutional ofthearrested rights itinChineselanguage.Rotuman andtranslating The and Detained Person’s Posters invernacular –Hindi, with theCommission producingArrested Rightsof were enhanced police stations around thecountry which wererights walls establishedThe in human ataschool training human rights (Acting)Manager andAdvocacy Education , Rogoyawa Laisiasa conducts Public Outreach of children. right to educationandrights media andhatespeech, discrimination, useofsocial abuse, principlesofnon- corporal punishment, sexual in discussionsonbullying, rights aswellengaging about theirconstitutional students andteachers maritime areas, educating urban, rural, remote and visiting 38schoolsbothin education/advocacy team throughout Fijiwiththe continued inschools Human rightsadvocacy Human rightseducationinschools 09/08/2018 08/08/2018 School Primary Nabasovi District 06/08/2018 School Secondary Finau 03/08/2018 Vunivasa School District 03/08/2018 School Nakodu MuduPrimary 31/07/2018 30/07/2018 27/07/2018 27/07/2018 26/07/2018 School Primary District Sawaieke 25/07/2018 School GauSecondary 25/07/2018 School Narocake Primary District 23/07/2018 Tavua College 19/07/2018 School Secondary Savusavu 13/07/2018 College Labasa 11/07/2018 South- School Secondary 06/07/2018 School Niusawa MethodistPrimary 06/07/2018 CuvuCollege 05/07/2018 Niusawa MethodistHighSchool 04/07/2018 School Burotu Primary 27/06/2018 27/06/2018 School Primary District Bucalevu 27/06/2018 RotumaHighSchool 21/06/2018 RotumaHighSchool 20/06/2018 RotumaHighSchool 19/06/2018 School Nacavanadi Primary District 07/06/2018 School GauSecondary 07/06/2018 Koro HighSchool 05/06/2018 School Primary Nacamaki District 04/06/2018 School Primary KiaDistrict 31/05/2018 School Nasinu Secondary 23/05/2018 School Primary Rampur 05/04/2018 College School Rampur 05/04/2018 School Primary Nausori District 04/04/2018 School Public Levuka 27/03/2018 School Nabua Secondary 22/03/2018 Primary Chaudhary Rambisessar 20/03/2018 School Memorial Lelean 08/03/2018 School Nakavika Primary District 23/01/2018 Date Kade Village School Village Kade School Primary Bukama District School Nacamaki Primary School Natauloa Primary District School Primary District School Thomas BakerMemorial School Vunikavikaloa Primary Arya School 53 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 54 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 Cohesion (REACH) ProjectCohesion and Empowerment Human rightsawareness invillagesundertheRights, onraising social, Constitution. intheFijian economic enshrined andlegalrights initiative. REACH initiative aimstopromote peace building, by socialcohesion awareness andinclusiveness under the Rights,across the country Empowerment, (REACH) and Urban Fijians and Cohesion Rural for teamvisited91 and The education advocacy Community Visits 90/08Lomaiviti Cakaudrove 19/07/2018 Cakaudrove 05/07/2018 04/07/2018 03/07/2018 80/08Kadavu Kadavu 02/07/2018 Kadavu 08/06/2018 Lomaiviti 07/06/2018 Lomaiviti 06/06/2018 Lomaiviti 06/06/2018 Lomaiviti 06/06/2018 Lomaiviti 06/06/2018 Kadavu 06/06/2018 Kadavu 06/06/2018 Lomaiviti 05/06/2018 Lomaiviti 04/06/2018 Lomaiviti 03/06/2018 Kadavu 03/06/2018 Macuata 03/06/2018 Macuata 01/06/2018 Macuata 31/05/2018 Macuata 31/05/2018 Tailevu 30/05/2018 Tailevu 30/05/2018 Lomaiviti 10/05/2018 Lomaiviti 09/05/2018 Lomaiviti 27/03/2018 Lomaiviti 27/03/2018 Lomaiviti 26/03/2018 Lomaiviti 24/03/2018 Lomaiviti 23/03/2018 Lomaiviti 23/03/2018 Namosi 22/03/2018 22/03/2018 23/01/2018 Date Cakaudrove Ra Province villages andcommunities in Waitabu – Taveuni Island Vanuaso –GauIsland – Vidawa Taveuni Island Korovou – Taveuni Island Duivosavosa Settlement Duivosavosa Nabukelevu-i-ra Nabukelevu-i-ra Nabukelevu-i-ra Nawaikama –GauIsland –GauIsland Somosomo –GauIsland Sawaieke Navukeilagi –GauIsland –GauIsland Qarani Muani Muani –KoroKade Island Nacamaki –Koro Island Nakodu –Koro Island Kavala Naividamu -Macuata Nakalou -Macuata Ligau –KiaIsland Yaro –KiaIsland Island - TokatokaNabitu - Visoto Nacobo -Ovalau -Ovalau Viro Wainiyaloka –Bureta/Ovalau -Ovalau Lovoni Tukuta -Lovoni Settlement Naiviteitei –Bureta/Ovalau Navuloa –Bureta/Ovalau Nakavika Village rural, remote areas andmaritime 40/08Yasawa/Ba /Ba Yasawa/Ba 14/08/2018 Lomaiviti 13/08/2018 Yasawa/Ba 13/08/2018 Lomaiviti 13/08/2018 Yasawa/Ba 11/08/2018 Yasawa/Ba 10/08/2018 Lomaiviti 09/08/2018 Yasawa/Ba 09/08/2018 Yasawa/Ba 09/08/2018 Lomaiviti 08/08/2018 Lomaiviti 08/08/2018 Yasawa/Ba 08/08/2018 Lomaiviti 08/08/2018 Yasawa/Ba 07/08/2018 Lomaiviti 07/08/2018 Lomaiviti 06/08/2018 Lomaiviti 06/08/2018 Lomaiviti 06/08/2018 Lomaiviti 02/08/2018 Lomaiviti 02/08/2018 Lomaiviti 01/08/2018 Lomaiviti 31/07/2018 Lomaiviti 31/07/2018 Lomaiviti 30/07/2018 Lomaiviti 27/07/2018 Lomaiviti 27/07/2018 Lomaiviti 27/07/2018 Lomaiviti 27/07/2018 Lomaiviti 27/07/2018 Lomaiviti 27/07/2018 Lomaiviti 27/07/2018 Lomaiviti 27/07/2018 Lomaiviti 27/07/2018 Lomaiviti 26/07/2018 Lomaiviti 25/07/2018 Lomaiviti 25/07/2018 Lomaiviti 24/07/2018 24/07/2018 Lomaiviti 23/07/2018 Lomaiviti 23/07/2018 Lomaiviti 23/07/2018 21/07/2018 Lomaiviti 21/07/2018 21/07/2018 19/07/2018 Lomaiviti Lomaiviti Vadravadra –GauIsland –GauIsland Qarani Naisilisili – Malakati – Yasawa Islands – Yasawa Islands Nasau –Koro Island Navutoa - Yasawa Islands Tuatua –Koro Island – Nabukeru Yasawa Islands Tamusua – Yasawa Islands –KoroKade Island Dalomo – Yasawa Islands Teci – Yasawa Islands Naqaidamu –Koro Island –Koro Island Sinuvaca Bukama – Yasawa Islands Navaga –Koro Island Yasawa-i-ra Island Tavua –Koro Island Nabasovi –Koro Island Nabuna –Koro Island –Koro Island Namacu –Koro Island Nakodu –Koro Island Mudu –Koro Island Nacamaki –Koro Island Tovulailai – Island –Nairai Island Lawaki Vutuna –Nairai Island Waitoga –Nairai Island Natauloa –Nairai Island Manuku –BatikiIsland –BatikiIsland Yavu –BatikiIsland Mua –BatikiIsland –GauIsland Sawaieke –GauIsland Somosomo Nawaikama –GauIsland Nukuloa –GauIsland –GauIsland Levukaigau Yadua –GauIsland –GauIsland Lovu Navukeilagi –GauIsland –GauIsland Vione –GauIsland Lekanai 55 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 56 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 40/08Yasawa/Ba Yasawa/Ba Yasawa/Ba 24/08/2018 Yasawa/Ba 23/08/2018 Yasawa/Ba 23/08/2018 Yasawa/Ba 22/08/2018 Yasawa/Ba 22/08/2018 Yasawa/Ba 21/08/2018 Yasawa/Ba 20/08/2018 Yasawa/Ba 20/08/2018 Yasawa/Ba 17/08/2018 16/08/2018 15/08/2018 General Election. in thebuildupto the2018 right to politicalparticipation on keychallenges humanrights and onhate speech and live in radioDirector andtelevisionparticipated also shows phases. media during pre-electoralplatforms and post-electoral registrationand hatespeechonsocial police brutality bill, groundssafetyonline of discrimination, sex offenders’ bill, LGBTQcampaign againstracism persons, prohibitedon of the rights Human RightsCouncil, Nationals United Fiji’s toright as such participation, political tovictory the saw vigorous2018 media engagement on pressing issues human rights. to generateefforts media) in its greaterabout discussions broadcast–print, all media platforms and digital(social the workofCommission. engaged The Commission and promotingrights human about greater of visibility The mediaplaysrolea fundamental awarenessbuilding in Raising Visibilitythrough Media Soso – Soso Yasawa Islands – Muaira Yasawa Islands Kese – Yasawa Islands – Malevu Yasawa Islands Marou – Yasawa Islands – Somosomo Yasawa Islands Nasoqo – Yasawa Islands – Gunu Yasawa Islands – Matacawalevu Yasawa Islands Vuaki – Yasawa Islands Yaqeta – Yasawa Islands

Newspapers Media Coverage in2018 22/02/2018 responds Raj tocriticism 21/02/2018 20/02/2018 21/02/2018 help will UNHumanrights 13/02/2018 13/02/2018 13/02/2018 13/02/2018 13/02/2018 09/02/2018 08/02/2018 06/02/2018 Police probe assaultclaims 29/01/2018 HumanRightsRaj: No Others OneHasRighttoDecidefor 25/01/2018 25/01/2018 The right to vote The 25/01/2018 Date www.fijitimes.com/story.aspx?id=435320 media toensure for Pivotal free faircredible election www.fijitimes.com/story.aspx?id=434405 UN tostandby Fiji www.fijitimes.com/story.aspx?id=434361 UN HumanRightsChief “improve Talanoa” fijisun.com.fj/2018/02/13/hate-speech-will-not-be-tolerated-qiliho/ : notbetolerated will Hate speech Qiliho fijisun.com.fj/2018/02/13/raj-journalists-must-verify-information/ :Raj must Journalists information verify fijisun.com.fj/2018/02/09/new-row-over-hate-talk/ DirectorFHRADC alleges hewasthreatened andplanslegalaction New Row over hatetalk fijisun.com.fj/2018/02/08/hate-talk-uproar/ Hate TalkUproar www.fijitimes.com/story.aspx?id=435420 Police claims brutality fijitimes.com/story.aspx?id=435319 www.fijitimes.com/story.aspx?id=435299 : Raj Commissioner ofdissentingvoices Human rights listenedtopolyphony www.fijitimes.com/story.aspx?id=434465 pressreader.com/fiji/fiji-sun/20180206/281547996341878 questions PrasadRaj Condemning for Temple talkhttps://www. www.fijitimes.com/story.aspx?id=432144 fijisun.com.fj/2018/01/25/raj-no-one-has-right-to-decide-for-others/ fijisun.com.fj/2018/01/25/raj-no-one-has-right-to-decide-for-others/ Article Title Article Times Fiji         Sin Fiji        57 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 58 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 50/08Nude photos uproar 25/04/2018 25/04/2018 24/04/2018 development policy share ideason Stakeholders rural 17/04/2018 Raj: must Bill beweighed carefully 14/04/2018 14/04/2018 09/04/2018 tobe Offenders registeredfor Life Sex 28/03/2018 25/03/2018 25/03/2018 STOPS IT Racism YOUWITH –Poster 21/03/2018 andHIV Discrimination 05/03/2018 27/02/2018 24/02/2018 Rabuka fires at Raj back : I won’t standdown 24/02/2018 23/02/2018 Raj: Commission prepares probe for 23/02/2018 23/02/2018 HumanRightsCommission isIndependent Fiji 22/02/2018 www.fijitimes.com/story.aspx?id=441710 Raj: Righttobefree must look atstigma’‘Law www.fijitimes.com/story.aspx?id=441085 equality for Call fijisun.com.fj/2018/03/25/raj-we-have-come-a-long-way/ Raj: We have ComeWay ALong www.fijitimes.com/story.aspx?id=439249 anddignity equalrights for Call www.fijitimes.com/story.aspx?id=436017 Raj: Need useofforce for policy www.fijitimes.com/story.aspx?id=435723 Lawyer tolodge complaint www.fijitimes.com Index ›Archives ›Article claim Brutality www.fijitimes.com/nude-photos-go-viral/ Nude photos go viral LegalOfficer a-gs-office/ - fijisun.com.fj/2018/04/24/judge-dismisses-strike-out-application-by- by application Judge A-G’s dismissesstrike-out office fijisun.com.fj/2018/04/25/nude-photos-uproar/ development-policy/ ijisun.com.fj/2018/04/17/stakeholders-share-ideas-on-rural- fijisun.com.fj/2018/04/14/raj-bill-must-be-weighed-carefully/ www.fijitimes.com/story.aspx?id=439592 www.fijitimes.com.fj/story.aspx?id=436755 and Anti-Discrimination? Street Talk doyou HumanRights thinkistherole – oftheFiji What https://www.pressreader.com/fiji/fiji-sun/20180222/281706910163667                     31/05/2018 Human Rights Conference Sofitel Resort Denarau Nadi Resort HumanRightsConference Sofitel Meeton LGBTQI rights 31/05/2018 30/05/2018 Hindi breaks Raj says down barriers Fiji 29/05/2018 ofcovenants ratification Commission supports 21/05/2018 18/05/2018 passed bill Onlinesafety 17/05/2018 16/05/18 16/05/2018 REACH attendawareness provided programs services Fijians ofoffences level lacks Registry 10/05/2018 07/05/2018 06/05/2018 HumanRightsCommission ofinternational ... seeksratification 05/05/2018 05/05/2018 02/05/2018 01/05/2018 30/04/2018 02/05/2018 provisions-of-bill-of-ri... www.fijitimes.com/iccpr-and-icesr-to-strengthen-interpretation- Rights ICCPR andICESR tostrengthen interpretation provisions of ofBill sodelpa-leader/ fijisun.com.fj/2018/05/16/human-rights-body-chief-takes-on- takeson bodychief 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News Mailife Mailife                 59 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 60 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 18/08/2018 -06/07/ 2018 3/07/2018 13/08/2018 07/08/2018 to 29/08/2018 24/08/2018 13/08/2018 08/08/2018 07/08/2018 19/07/2018 12/07/2018 07/07/2018 women Group Empowering new entrepreneurs Pic 07/07/2018 19/06/2018 Convention Ratify 19/06/2018 equalrights for Fight 04/06/2018 02/06/2018 02/06/2018 Shanti Dut article withtheElectrol Commissioner Chandra Suresh article Dut Shanti oftheElections/Human Rightsbrochure –Launch Dutt Shanti modification/64490.Fijilive fijilive.com/news/2018/08/hradc-welcomes-electoral-act- welcomes ActHRADC Electoral modification www.fijitimes.com/national-consultation-highlights-lgbtqi-challenges/ LGBTQI action plan(Group Pic) National consultation highlightsLGBTQI challenges boss www.fbc.com.fj/fiji/67019/it’s-a-national-disgrace-says-human-rights- It’s aNational 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This provide effective andefficient administrative support Section isto role oftheCorporate The primary Workforce Strengthening Institutional Goal 4– knowledge, experience, andabilities(KESA). skills process andcriteria. Candidatesare assessedon their is based on a transparentof potential candidates Policy, andSelection Recruitment Merit theselection each staff. of deficiencies andtoensure optimalperformance to and acquire qualifications address skill further The Commission encourages itsstafftoattend strengthen itsgovernance practicesandprocesses. to workshopmodelling inaneffort inMalaysia and risk analysis financial toundertake Corporate by theAccountant sponsoring andtheManager its people. The Commission step took asignificant testament oftheCommission’s commitment towards The workforce anddevelopment initiative training isa Training andQualityManagement Human CapitalDeployment Analysis international engagements: and represented theCommission inthefollowing of 2009, theCommission Director participated and Anti-Discrimination Commission Act no. 11 thisprovisionmaterialising oftheHumanRights regional bodies. andinternational humanrights In human rights; with other national, and to cooperate international meetingsandotheractivities on Act, theCommission isrequired in totakepart Rights andAnti-Discrimination Commission Consistent withsection 12(1)(n)oftheHuman International Engagements with auditing all complaintswith auditingall lodged withthe Resolutions, wastasked Section the Corporate In theabsenceofManager Complaints and Complaints Audit Annual Reports. embarked on formulatingthe2016, 2017and2018 Section thattheCorporate thisperiod It wasduring Plan. the2017/18Annual Corporate drafting Section played role in aninstrumental The Corporate Accountability Effective Planningand 36 engagement social andpolicy collection, analysis, Research:Status Data andIntersex Identity Orientation, Gender Conference on Sexual International Training Insider Mediation Elections Human RightsCouncil Rights CouncilMeeting oftheHuman Session as well asthe38th Pacific Meeting Forum 23rd ofAsia Session NHRI meetings of and otherseries Human RightsCouncil th Session ofthe Session naeetDt Venue Date Engagement May 2018 07 to12 2018 December 2018 October 2018 September Geneva, June 2018 HongKong Thailand Bangkok, USA New York, Switzerland Geneva, and HongKong Switzerland Complaints Audit ispending. complete submitted andreport totheDirector. 2018 Reports. The auditof2016and2017complaints is 2016,complaints for chapters 2017and2018Annual constitutional ofthe breaches anddetailedwrite-up complaints management table, ofalleged classification complaints,of all development ofanopen-source verification, registration, classification vetting and Commission since2016. themanual This included Auditor commenced General inDecember2018. audit of Commission financials by the Office of the the Officeof foranaudit. AuditorGeneral The to2008haveback beenprepared andsubmitted to Commission putson record that its financials dating outsource thetaskofpreparingitsfinancials. The of June2017, itwasagreed thattheCommission (Acting) onand the Manager the 1st Corporate Director, General, theSolicitor theAuditor General Following ameetingbetween theCommission audited by 22December2020. its accountslog of all from 2008 to 2016 prepared and submitted thattheCommission have will theback- Parliament. The Commission in its presentation to of theAuditor inhis2014Report General Accounts on 28March 2017 toexplainthefindings Committee on Public Standing Parliamentary and Accountant (Acting) appeared before the Commission Director, (Acting) Manager Corporate financials remained unauditedsince2008. The Auditor General. theCommission Unfortunately accounts oftheCommission must beauditedby the Act 16 (2)of the HRADC requiresSection that the Financial Audit vehicles tofulfilitscorerights educational, human vehicles alsomanages registered Government Section fleetof presence plantandequipment. ofall The Corporate thefunctionality,to determine andphysical evaluation Survey annual BoardThe Commission of undertakes procurement. approval issoughtfrom theDirector toany prior andAccountant.the Manager Corporate The final by minimum 3 quotations before endorsementby Technical andMinuteRequestsupported Report undergo theprocess of obtaininganindependent the legislative inplace. frameworks Assetreplacement The Commission manages itsassetsconsistent with Asset Management 67 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 68 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018 Commission isolated the complaints management ofcomplaints data,increasing safety needfor the documents, andprocesses. systems the With toinstitutional andaccessibility accountability to ensureits ICTinfrastructure transparency, The Commission iscommitted tostrengthening Business Solutions was 11,665kilometres. initiatives.advocacy Total mileage consumed in2018 communities todeliver and and rural educational 2199cc, reaching is used for out to the remote KNAPG818SGS402000, year: 2017, capacity: loaded, engine#D44BHH340263, – VIN GQ 582, KiaSorento, executive SUV, fully kilometres. Board. Total mileage consumed in2018was14,816 totheCommission support providing logistical 2359cc, administrative is used for engagements and KNAGU414MG5085765, year: 2016, capacity: loaded, engine#G4KEGH219106, – VIN GQ 164, Kia Optima, executive sedan, fully Fleet Management fleet. assignments. inits The Commission has2 vehicles advocacy, investigations andsitevisitsofficial • Technical issuesoutsourced include: support. aswell asnetconnectivity support integration), PABX telephone isolation defect and (hardware end-usersupport and provides necessary Technology Officer, Section manages theCorporate and Systems In theabsenceofInformation breaches.to avoid technical Commissioncapabilities alsostrengthened itsfirewall data to a stand-alonetable and raw desktop. The • • • • • • • • • production ofdataon humanrights anddisclosure ethos ofgreater accountability, inthe transparency an inengendering beintegral management system requirements.reporting Not isthecomplaints only Periodic andothertreating (UPR) body Review under thelaw, progress againsttheUniversal reports Committees astheCommission isrequired todoso Standing submissions totheParliamentary ofmaking error-free thepurposes for reports in theproduction offact baseduncontaminated, of complaints received by theCommission assist will data,veritable therefore, on thenature andnumber obligations. its fulfill reporting of Availability andfreedomsabout fundamentalrights aswell as is alsomandatedtopromote thepublic to educate litigation.under thelawincluding The Commission violations,rights provide remedies availabletoit investigate complaintsand independently ofhuman CommissionDiscrimination ismandatedtoreceive Act,HRADC theHumanRightsandAnti- tosection 45(4)andsectionPursuant 12(1)ofthe Commonwealth Equality Project

S Restor Isolate andfixnet Maintenance ofC P allow network access Cr T W Gener Gener issues ABX issueisolation andtroubleshoot etup domain account, emailandbiometrix echnical Reports for procurement for Reports echnical ebsite monitoring eation ofuser-accounts, and setupprinters ate Attendance Reports Reports Call ate HPBX e services after surges after e services work collision loopandpacket CTV system CTV with the Financial Management Act 2004 and the with the Financial financial statementsare presented in accordance prepared basisof accounting. undercash The the financialstatements oftheCommission are In accordance accounting policies, withtheState Basis ofAccounting and preserved. that Fiji’s laws are humanrights protected, promoted discharge ofitsconstitutional mandateinensuring The Commission’s budget ensures thecompetent budget andfinances, asapproved by Parliament. that theCommission have shall control ofitsown functions andduties. states 45(12)further Section exercise its and effectively itspowers andperform to the Commission, to enable it to independently adequate funding and resources are made available 45 (11)statesthatParliament ensure shall that Constitution.under section 45oftheFijian Section mandateoftheCommission isprovided The primary Entity Reporting For 2018 ended31stJuly theperiod Statements oftheFinancial Notes part toandforming Financial Management Commission isnow which obsolete. ofthe infrastructure entire technology information being drawn. the transform This fundingwill between thedonorrecipient andthegrant isnow Commission. ofunderstanding The memorandum FJD$250,000.00 hasbeenapproved the for robust consultation process, ofapproximately agrant being apre-requisite recipients. grant for a After enable theRRRT assessment, conduct acapacity relevant procurement policiesandprocedures to formulation ofadetailedconcept noteandsubmitted Section took aleading role inthe The Corporate ecosystem.it’s entire technology information submitted aproposal donor-funding for toupgrade ProjectEquality fundedby theUKGovernment The Commission, through the Pacific Commonwealth proceedings instituted. complaints received, investigations and undertaken the Commission shouldtakeupon thebasisof initiatives that andadvocacy theeducation instruct andstrengthenNational Mechanism and Reporting violations, alsoassistintheestablishmentofa itwill able tosecure 100%ofitssubmission from theState. since theappointmentofit’s Director in2016, been andmacrointernal factors. The Commission has, submission,state grant takingintoconsideration the The sectionformulates theCommissions annual policies. and Liabilitiesisnotrequired underthecurrent preparation andpresentation ofAssets ofaStatement Management (Amendment) ActFinancial 2016. The Expenditure Statement OA XEDTR 1,301,272.94 TOTAL EXPENDITURE 9,657.26 ValueAdded Tax - Total CapitalExpenditure Capital Purchase Capital Construction 1,250,647.76 Total Expenditure Operating Expenditure Special - & Grants Operating Transfers 132,729.75 ofGoods&Services Purchase 8,779.92 63,192.32 Maintenance &Operations Travel &Communication WageGovernment Earners Established Staff

40,967.92 9,657.26 317,983.52 - 727,962.25

69 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018

72 FIJI HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ANNUAL REPORT 2018