HUMAN RIGHTS IN FIJI

Hon. Justice Devendra Pathik, Justice, CSM OF JP BA LL.B, High Court & Court of Appeal Judge in the Judicial Department, Fiji Islands

BACKGROUND

The Fiji Human Rights Commission (the Commission) was established in 1997. This is only national human rights institution established in the region. It is empowered to deal with human rights issues in Fiji . Since its inception, the Commission concentrated on the following functions- education of the public about the nature and content of human rights; making recommendations to the Government about matters affecting compliance with human rights; and promoting and protecting human rights of all persons in Fiji .

PROTECTION OF HUMAN RIGHTS

Although the 1997 Constitution of Fiji is not operational that does not affect the respect and enjoyment of fundamental human rights nor does if affect the observance of the rule of law. The existing laws, decrees and the protection of those rights under international law and international humanitarian laws to which Fiji is a party, continue to be applicable and are enforceable.

INTERNATIONAL HUMAN RIGHTS AND RELATED INSTRUMENTS

On the international front, Fiji is a party to the following human rights and related instruments: the Slavery Convention 1953; the Supplementary Convention on the Abolition of Slavery, Slave Trade, and Institutions and Practices Similar to Slavery 1956; the International Convention against the Taking of Hostages 1979; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, the Universal Declaration Human Rights; the International Convention on the Elimination of All Forms of Racial Discrimination 1966; the Convention on the Elimination of All Forms of Racial Discrimination against Women; the Convention on the Rights of the Child; the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography; and the 1951 Convention relating to the Status of Refugee and the 1967 Protocol.

The above are the international laws related to human rights in Fiji that the current Human Rights Commission Decree No. 11 of 2009 recognizes and mandates their application in Fiji .

NATIONAL LAWS RELATED TO HUMAN RIGHTS

Fiji is fully cognizant of its obligation to cooperate with human rights treaty bodies and special procedures, and supports the work of the Office of the High Commissioner of Human Rights. Fiji continues within its capacity to fulfill its treaty body reporting obligations. Further, the Common law and International Laws to which Fiji is a party guarantees Fiji citizens the right to equality before the law.

There are numerous legislations in the country that continue to promote and protect the rights of the citizens of Fiji in the areas of right to life, liberty, security, freedom to seek, receive and impart information, and ideas, freedom of press and other media, freedom of religion or belief, administration of justice, rights to work and to just and favorable conditions of work, right to social security and adequate standard of living, right to health, right to education and participation in cultural life.

CONCLUSION

Above some examples of what is happening regarding human rights and the progress of human rights in Fiji .