The appointment of a Fiji Human Rights and Anti Discrimination Commissioner by the Constitutional Offices Commission is not considered an independent process under the United Nations standards on national human rights institutions.
This mandate under the 2013 Constitution has put Fiji on the list of countries with a B status that are yet to comply with the UN’s Paris Principles on Human Rights.
Commission director Loukinikini Lewaravu said the commission is working closely with the Office of Attorney-General to change this regulation to ensure its full independence and to upgrade Fiji’s accreditation to an A status.
“From 2007 to 2021 the Fiji Human Rights Commission was status-less which meant that it wasn’t recognised as an independent and credible institution,” Ms Lewaravu said.
“In 2021, we reapplied for accreditation and that’s where we were granted a B status.
“So it means that we’re partially compliant with the international standards.
“There are circumstances, criteria, recommendations that’s provided by our international committee that we need to address in order for the commission to be fully compliant as an A status institution.
“So the critical recommendation that we need to address, and we really need the government’s support on this, is to address the mandated recruitment process for commissioners.
“Currently under the Constitution, the commissioners are appointed by the COC, and the selection process is seen at the standard for national human rights institutions as not an independent process.”
She said the amendment would ensure the appointment was made through an independent panel selection process.
“It is part of the Constitution, but there is a requirement there that the COC can develop regulations guidelines on how it recruits.
“So that is the process that we are currently undertaking to meet the standards.
“The Constitution can be amended but the process itself is difficult.
“So for us, that’s the second-best option that we can take.
“To develop guidelines which provides for an independent panel recruitment selection for them to select, do the interview and then refer it to the COC for the final selection.”
