RACE RELATIONS IN FIJI


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Race Relations Unit

The Fiji Human Rights Commission now has a Race Relations Unit and the two staff members who presently run the Unit are Senior Legal Officer Villiame Bokini Naliva, and Clerical Officer Ruci Saqayalo .

In 2003, the European Union agreed to provide funding for the establishment of the Race Relations Unit, which finally began operating in March this year.

The main legislative provisions under which the Race Relations has been established are:

(1) s.38(2) 1997 Constitution of Fiji which states

"A person must not be unfairly discriminated against, directly or indirectly, on the ground of his/her:

actual or supposed characteristics or circumstances, including race, ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary language, economic status, age or disability; or
opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others;

or on any ground prohibited by this Constitution" ;

(2) s.17(1) Human Rights Commission Act states

"It is unfair discrimination for a person, while involved in any of the areas set out in subsection (3), directly or indirectly to differentiate adversely against or harass any other person by reason of a prohibited ground of discrimination".

(the prohibited grounds of discrimination referred to above are those stated in s.38 of the 1997 Constitution)

The main responsibilities of the Race Relations Unit include:

identifying the various race relations issues that exist in Fiji ;
developing a strategy whereby these issues can be addressed;
developing a database, including a library, for materials and resources specifically on race relations in Fiji and to make this available for the public to use for research and other academic purposes;
establishing effective conciliation processes and to take unresolved complaints of human rights violations to the courts for adjudication;
providing advice to Government on relevant race relations issues, including its reporting obligations to the various UN treat bodies, and to assist the Government in the preparation of its reports;
consolidating the Commission's role in improving race relations in Fiji ; and
raising public awareness and providing advice to the official sector and the judiciary to eliminate racially discriminatory provisions from laws and practices