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Human Rights Commission Act 1999

Part II - Human Rights Commission

5. Incorporation of the Commission
6. Functions of the Commission
7. Powers and duties of the Commission
8. Membership of the Commission
9. Disqualification from office
10. Conditions of appointment
11. Functions of Chairperson
12. Proceedings Commissioner
13. Meetings of the Commission
14. Funds of the Commission
15. Adequacy of funding
16. Staff of the Commission

Incorporation of the Commission

(1) The Commission is a body corporate with perpetual succession and a common seal, may enter into contracts, may sue and be sued in its corporate name, has the power to acquire, hold and dispose of property both real and personal and generally may do all such acts and things as are necessary for and incidental to the performance of its functions by or under the Constitution, this Act or any other written law.

(2) Without limiting any other provision of this Act, the Commission has the rights, powers and privileges of a natural person of full age and capacity.

Functions of the Commission

(1) In order to ensure that it complies with the Principles Relating to the Status and Functions of National Institutions for the Promotion and Protection of Human Rights (the "Paris Principles") the Commission has, in addition to the functions conferred on it by section 42(2) of the Constitution -

the function of promoting and protecting the human rights of all persons in the Fiji Islands; and
any other function conferred on it by or under this Act or by or under any other written law.
For the purpose of performing its functions the Commission has the powers and duties conferred by this Act.

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Pwers and duties of the Commission

(1) The Commission has the following powers and duties -

to increase general awareness of human rights, including by making public statements and educating public opinion and public officials, co-ordinating human rights programmes and acting as a source of human rights information;
to invite and receive representations from members of the public on any matter affecting human rights;
to consult and co-operate with other persons and bodies concerned with the promotion and protection of human rights;
to inquire generally into any matter, including any enactment or law, or any procedure or practice whether governmental or non-governmental, if it appears to the Commission that human rights are, or may be, infringed thereby;
to make recommendations to the Government on the desirability of legislative, administrative or other action so as to give better protection to human rights;
to promote better compliance in the Fiji Islands with standards laid down in international instruments on human rights;
to encourage the ratification of international human rights instruments by the State and, where appropriate, to recommend the withdrawal of reservations entered to those instruments;
to advice the Government on its reporting obligations under international human rights instruments and without derogating from the primacy of the Government's responsibility for preparing those reports, to advice on the content of the reports;
to make recommendations on the implications of any proposed Act or regulations or any proposed policy of the Government that may affect human rights;
to investigate allegations of contraventions of human rights and allegations of unfair discrimination, of its own motion or on complaint by individuals, groups or institutions on their own behalf or on behalf of others.
To resolve complaints by conciliation and to refer unresolved complaints to the courts for decision;
To advice on any human rights matter referred to it by Government, having regard to the available resources and priorities of the Commission;
To publish guidelines for the avoidance of acts or practices that may be inconsistent with or contrary to human rights;
To take part in international meetings and other activities on human rights and to co-operate with other national, regional and international human rights bodies.
The Commission may, from time to time, in the public interest or in the interests of any person or department, publish in any manner it thinks fit reports relating generally to the exercise of its functions or to any particular case or cases investigated under this Act.

The Commission must not investigate (but may comment on) any decision by a court of law.

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Membership of the Commission

In advising the President as to the persons to be appointed as members of the Commission pursuant to section 42 of the Constitution, the Prime Minister must have regard not only to their personal attributes but also to -

their knowledge or experience of the different aspects of matters likely to come before the Commission; and
the desirability of having as members of the Commission persons with a diversity of the personal characteristics referred to in subsection 38(2) of the Constitution.

Disqualification from office

A person is not qualified to be Commissioner if he or she is, and is deemed to have vacated office if he or she becomes, -

a member of the House of Representatives or of the Senate;
a member of a local authority;
an office-holder of a political party;
an undischarged bankrupt or insolvent; or
a person who has been removed from public office under subsection 172(2) of the Constitution.

Conditions of appointment

(1) A Commissioner must not -

actively engage in politics;
subject to subsection (2), engage either directly or indirectly in the management or control of a body corporate, or of any other body carrying on business for profit.

(2) Nothing in subsection (1)(b) prevents a Commissioner from -

holding office in a professional body in relation to which his or her qualifications are relevant; or
engaging in the direct or indirect management or control of a body corporate, or of any other body carrying on business for profit, if leave for such engagement is granted by the Minister.

(3) The salary of a Commissioner is as prescribed by the Prescription of

Salaries Act (Cap.2)

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Functions of Chairperson

11. The functions of the Chairperson are -

to chair meetings of the Commission;
to be responsible for matters of administration in relation to the Commission;
to allocate spheres of responsibility among Commissioners;
any other functions conferred or imposed on the Chairperson by the Constitution, this Act or any other written law.

Proceedings Commissioner

(1) The Chairperson may from time to time in writing designate a Commissioner, or the Chairperson himself or herself, to act as Proceedings Commissioner for the purposes of this Act.

(2) A designation under subsection (1) may operate for a specified period of time and may either be general or specify a particular case or cases or class of cases.

(3) Until a designation under subsection (1) is revoked, it continues in force according to its terms.

(4) A designation under this section is revocable at will and no such designation prevents the exercise of any function by the Commission as a whole.

Meetings of the Commission

(1) Meetings of the Commission are to be held at such times and places as the Commission or the Chairperson from time to time appoints.

(2) At a meeting of the Commission, the quorum necessary for the transaction of business is the Chairperson and one Commissioner.

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Funds of the Commission

(1) The funds of the Commission consist of -

any moneys appropriated by Parliament for the purposes of the Commission and paid to the Commission;
all other moneys lawfully received by the Commission for its purposes; and
all accumulations of income derived from any such money.

(2) The accounts of the Commission must be audited by the Auditor General.

Adequacy of funding

The Minister must use his or her best endeavors to ensure that moneys appropriated by the Parliament for the Commission under section 14(1)(a) are adequate -

for the performance of the functions of the Commission; and
to maintain the Commission's independence and impartiality.

Staff of the Commission

(1) The Commission must appoint -

a Director of the Commission; and
any other employees, including casual and contract employees, needed for the efficient performance of the functions of the Commission.

(2) The Director and other employees of the Commission are subject to the control and direction of the Commission.

(3) The Director and other employees of the Commission hold office on terms and conditions determined by the Commission after consultation with the Public Service Commission.

(4) The Director of the Commission is entitled to such remuneration determined from time to time by the Higher Salaries Commission.

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