The Human Rights and Anti-Discrimination Commission would have constitutional powers to investigate human rights abuses, seek redress through the courts and scrutinise both public and private institutions under the Constitution (Amendment) Bill 2026.
Section 42 establishes a five-member Commission comprising a chairperson who is, or is qualified to be, a judge and four other members.
All five would be appointed by the President on the advice of the Constitutional Offices Commission.
The Commission would be responsible for promoting and protecting human rights and developing a culture of human rights across public and private institutions in Fiji.
Its mandate would include monitoring, investigating and reporting on the observance of human rights “in all spheres of life”.
Importantly, the Commission could receive and investigate complaints of alleged human rights abuses and take steps to secure appropriate redress.
This includes the power to make applications to the courts for redress, relief or other remedies where human rights have been violated.
The Commission would not have to wait for a complaint to act. It could initiate investigations or research into human rights matters on its own initiative and recommend improvements to the functioning of public or private entities.
It would also be empowered to make recommendations to Government on existing or proposed laws affecting constitutional rights and freedoms.
Another responsibility would be monitoring Fiji’s compliance with its obligations under international human rights treaties and conventions.
Section 42 further guarantees that any person may lodge a complaint with the Commission alleging that a constitutional right or freedom has been denied, violated, infringed or is under threat.
