| FIJI Republic of the Fiji Islands Republic of the Fiji Islands/Matanitu ko Viti Joined United Nations: 13 October 1970 Human Rights as assured by their constitution Updated 23 October 2012 |
Chapter 3 Citizenship
Section 8 Retention of existing citizenship
The coming into effect of this Constitution does not affect the citizenship of a person who was a citizen immediately before it came into
effect.
Section 9 Way in which citizenship may be acquired
(1) Citizenship may be acquired by:
(a) birth:
(b) registration; or
(c) naturalisation.
(2) The Parliament may not make a law providing for the acquisition of citizenship in any other way.
Section 10 Citizenship by birth
Every child born in Fiji on or after the date of commencement of this Constitution becomes a citizen at the date of birth unless, at the date
of birth:
(a) a parent of the child has the diplomatic immunity accorded to envoys of foreign sovereign powers accredited to Fiji; and
(b) neither parent is a citizen.
Section 11 Infant found abandoned in Fiji
An infant found abandoned in Fiji is deemed to have been born in Fiji, in the absence of proof to the contrary.
Section 12 Citizenship by registration
(1) A child born outside Fiji on or after the date of commencement of this Constitution may become a citizen by registration if, on that
date, either parent was a citizen.
(2) A foreign child adopted by a citizen when the child was under the age of 18 may become a citizen by registration.
(3) A child who was under the age of 21 when either parent became a citizen may become a citizen by registration.
(4) An application for registration under subsection (1), (2) or (3) maybe made at any time during the child's lifetime and, if he or she is
under the age of 21 at the date of the application, may be made on his or her behalf by a parent or guardian.
(5) An application for registration under subsection (1), (2) or (3) made by the child concerned after he or she has reached the age of 21
must not be granted unless he or she has been lawfully present in Fiji for a total of 3 of the 5 years immediately before the application.
(6) An application for citizenship by registration made by an adult who is a citizen of another country must be granted if:
(a) the person was formerly a citizen of the State; and
(b) he or she renounces the other citizenship.
(7) An application for citizenship by registration made by an adult who is or has been married to a citizen must be granted if the applicant:
(a) has been lawfully present in Fiji for a total of 3 of the 5 years immediately before the application: and
(b) complies with such other conditions as the Parliament prescribes.
(8) If, in accordance with this Constitution, a person is required to renounce the citizenship of another country in order to become a
citizen of the State but the law of that other country effectively prevents renunciation of that citizenship, the person is deemed to have
renounced that citizenship if he or she declares, in a form prescribed by the Parliament, an intention not to exercise the entitlements of that
citizenship.
Section 13 Citizenship by naturalisation
(1) A person may become a citizen by naturalisation.
(2) A condition of naturalisation is that the person has been lawfully present in Fiji for a total of 5 of the 10 years immediately before the
application for naturalisation is made.
Section 14 Loss of citizenship
(1) Subject to this section, a person forfeits citizenship if he or she voluntarily acquires the citizenship or nationality of another country.
(2) A citizen of the State who, while a minor, acquires the citizenship of another country forfeits his or her citizenship of the State at the
age of 22 unless, after reaching the age of 21 and before reaching the age of 22, he or she renounces the other citizenship.
(3) An adult who involuntarily acquires the citizenship of another country does not forfeit his or her citizenship of the State unless he or
she fails to renounce the other citizenship within 12 months of:
(a) becoming aware of it; or
(b) being required by the Minister to renounce it;
whichever first occurs.
Section 15 Renunciation of citizenship
A person may renounce his or her citizenship only if he or she:
(a) has reached the age of 21; and
(b) has been since birth a citizen of another country or has acquired the citizenship of another country by registration or naturalisation.
Section 16 Rights to enter and reside in Fiji
The following persons may enter and reside In Fiji so long as they comply with conditions prescribed by the Parliament governing entry
and residence:
(a) former citizens;
(b) a foreign wife or widow or foreign husband or widower of a citizen;
(c) a child of a citizen.
Section 17 Powers of Parliament concerning citizenship
Subject to subsections 9 (2) and 12 (6), the Parliament may make laws:
(a) prescribing conditions upon which a person may become a citizen that are in addition to the conditions set out in this Constitution; and
(b) relating to the making of applications for citizenship by registration or naturalisation.
Section 18 Laws relating to calculation of periods in Fiji
For the purpose of calculating under this Constitution periods of lawful presence in Fiji, the Parliament may make laws specifying certain
periods that are not to be taken into account.
Section 19 Deprivation of citizenship
(1) The Parliament may make laws depriving a person of citizenship in the following circumstances only:
(a) If citizenship was obtained by fraud, misrepresentation or the concealment of a material fact;
(b) If the person, in accordance with subsection 12 (8), declared an intention not to exercise the entitlements of citizenship of another
country but has, since making that declaration, exercised such an entitlement.
(2) A law made under subsection (1) must provide for the according of procedural fairness to the person concerned.
Section 20 Prevention of statements
Despite anything in Chapter IV of the Constitution of 1990:
(a) a person born in Fiji in the period that began on 28 September 1987 and ended on 24 July 1990 is taken to have become a citizen on
the date of birth;
(b) a person born outside Fiji in the period that began on 28 September 1987 and ended on 6 October 1987 is taken to have become a
citizen on the date of birth if his or her father was a citizen on that date and was not himself born outside Fiji; and
(c) a person born in Fiji in the period that began on 25 July 1990 and ended on the date of commencement of this Constitution is taken to
have become a citizen on the date of birth if he or she would otherwise be stateless.
Chapter 4 Bill of Rights
Section 21 Application
(1) This Chapter binds:
(a) the legislative, executive and judicial branches of government at all levels: central, divisional and local; and
(b) all persons performing the functions of any public office.
(2) The rights and freedoms set out in this Chapter apply according to their tenor and are subject only to the limitations under laws of
general application permitted by this Chapter and to such derogations as are authorised under Chapter 14.
(3) Laws made, and administrative and judicial actions taken, after the commencement of this Constitution are subject to the provisions of
this Chapter.
(4) In considering the application of this Chapter to particular legislation, a court must interpret this Chapter contextually, having regard to
the content and consequences of the legislation, including its impact upon individuals, groups or communities.
(5) This Chapter applies to all laws in force at the commencement of this Constitution.
(6) To the extent that it is capable of doing so, this Chapter extends to things done or actions taken outside Fiji.
Section 22 Life
Every person has the right to life. A person must not be arbitrarily deprived of life.
Section 23 Personal liberty
(1) A person must not be deprived of personal liberty except:
(a) for the purpose of executing the sentence or order of a court, whether handed down or made in Fiji or elsewhere, in respect of an
offence of which the person has been convicted;
(b) for the purpose of executing the order of a court punishing the person for contempt of the court or of another court or tribunal;
(c) for the purpose of executing the order of a court made to secure the fulfillment of an obligation imposed on the person by law;
(d) for the purpose of bringing the person before a court in execution of the order of a court;
(e) if the person is reasonably suspected of having committed an offence;
(f) with the consent of the person's parent or guardian or upon an order made by a court, for the purpose of the person's education or
welfare during any period ending not later than the date of his or her eighteenth birthday;
(g) for the purpose or preventing the spread of an infectious or contagious disease;
(h) for the purpose of the person's care or treatment or for the
protection of the community if he or she is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol or a vagrant;
or
(i) for the purpose of preventing the unlawful entry of the person into Fiji or of effecting the expulsion, extradition or other lawful removal
of the person from Fiji.
(2) Paragraph (1)(c) does not permit a court to make an order depriving a person of personal liberty on the ground of failure to pay
maintenance or a debt, fine or tax unless the court considers that the person has wilfully refused to pay despite having the means to do so.
(3) If a person
(detainee) is detained pursuant to a measure authorised under a state of emergency:
(a) the detainee must, as soon as is reasonably practicable and in any event within 7 days after the start of the detention, be given a
statement in writing, in a language that the detainee understands, specifying the grounds of the detention;
(b) notice of the detention must be published in the Gazette within 14 days after the start of the detention, giving particulars of the law
under which the detention is authorised;
(c) the detainee must be given the opportunity to communicate with, and to be visited by:
(i) his or her spouse, partner or next-of-kin; and
(ii) a religious counselor or social worker;
(d) the detainee must be given reasonable facilities to consult with a legal practitioner of his or her choice;
(e) the detention must, within one month and thereafter at intervals of not more than 6 months, be reviewed by an independent and
impartial tribunal established by the Judicial Service Commission and presided over by a person qualified to practise as a barrister and
solicitor in Fiji; and
(f) at a hearing before the tribunal the detainee may appear in person or be represented by a legal practitioner.
(4) Following a review by a tribunal under subsection (3), the tribunal may make recommendations to the appropriate authority as to the
continued detention of the detainee.
Section 24 Freedom from servitude and force labour
(1) A person must not be held in slavery or servitude and must not be required to perform forced labour.
(2) In this section:
forced labour does not include:
(a) labour required in consequence of the sentence or order of a court;
(b) labour reasonably required of a person serving a term of imprisonment, whether or not required for the hygiene or maintenance of the
prison;
(c) labour required of a member of a disciplined Force as part of his or her duties or, in the case of a person who has a conscientious
objection to military service, labour that the person is required by law to perform in place of that service; or
(d) labour reasonably required as part of reasonable and normal communal or civic obligations.
Section 25 Freedom from cruel or degrading treatment
(1) Every person has the right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhumane,
degrading or disproportionately severe treatment or punishment.
(2) Every person has the right to freedom from scientific or
medical treatment or procedures without his or her informed consent or, if he or she is incapable of giving informed consent, without the
informed consent of a lawful guardian.
Section 26 Freedom from unreasonable searches and seizure
(1) Every person has the right to be secure against unreasonable search of his or her person or property and against unreasonable seizure
of his or her property.
(2) Search or seizure is not permissible otherwise than under the authority, of law.
Section 27 Arrested or detained persons
(1) Every person who is arrested or detained has the right:
(a) to be informed promptly in a language that he or she understands of the reason for his or her arrest or detention and of the nature of
any charge that may be brought;
(b) to be promptly released if not charged;
(c) to consult with a legal practitioner of his or her choice in private in the place where he or she is detained, to be informed of that right
promptly and, if he or she does not have sufficient means to engage a legal practitioner and the interests of justice require legal
representation to be available, to be given the services of a legal practitioner under a scheme for legal aid;
(d) to be given the opportunity to communicate with, and to be visited by:
(i) his or her spouse, partner or next-of-kin; and
(ii) a religious counselor or social worker;
(e) to challenge the lawfulness of his or her detention before a court of law and to be released if the detention is unlawful; and
(f) to be treated with humanity and with respect for his or her inherent dignity.
(2) The authorities holding a person who has been arrested or detained must promptly take all reasonable steps to inform his or her
spouse, partner or next-of-kin of his or her arrest or detention.
(3) Every person who is arrested for a suspected offence has the right:
(a) to be informed promptly in a language that he or she understands that he or she has the right to remain from making a statement;
(b) to be brought before a court no later than 48 hours after the time of arrest or, if that is not reasonably possible, as soon as possible
thereafter; and
(c) to be released from detention on reasonable terms and conditions pending trial, unless the interests of justice otherwise require.
(4) A person who is ordered to be detained pending trial is, so far as practicable, to be kept apart from convicted persons.
(5) A detained child is, so far as practicable, to be kept apart from adults, unless that is not in the child's best interests.
Section 28 Rights of charged persons
(1) Every person charged with an offence has the right:
(a) to be presumed innocent until proven guilty according to law;
(b) to be given details in legible writing, in a language that he or she understands, of the nature of and reasons for the charge;
(c) to be given adequate time and facilities to prepare a defence, including, if he or she so requests, a right of access to witness
statements;
(d) to defend himself or herself in person or to be represented, at his or her own expense, by a legal practitioner of his or her
choice or, if the interests of justice so require, to be given the services of a legal practitioner under a scheme for legal aid;
(e) not to have unlawfully obtained evidence adduced against him or her unless the interests of justice require it to be admitted;
(f) to adduce and challenge evidence, and not to be a compellable witness against himself or herself;
(g) to be given, on payment of a reasonable fee prescribed by law, a copy of the record of proceedings of the court and of the decision of
the court within a reasonable time;
(h) not to have the trial take place in his or her absence unless:
(i) the court is satisfied that the person has been served with a summons or other process requiring his or her attendance and has chosen
not to attend; or
(ii) his or her conduct in the proceedings is such that the continuation of the proceedings in his or her presence is impracticable and the
court has ordered him or her to be removed and the trial to proceed in his or her absence;
(j) not to be found guilty in respect of an act or omission unless the act or omission constituted an offence at the time it occurred, and not
to be sentenced to a more severe punishment than was applicable when the offence was committed;
(k) not to be tried again for an offence of which he or she has previously been convicted or acquitted; and
(l) if found guilty, to appeal to a higher court.
(2) Subparagraph (1)(h)(i) does not apply if the offence with which the person has been charged is an offence punishable by a term of
imprisonment.
(3) A law is not inconsistent with paragraph (1)(k) to the extent that it:
(a) authorises a court to try a member of a disciplined Force for a criminal offence despite his or her trial and conviction or acquittal
under a disciplinary law; and
(b) requires the court, in passing sentence, to take into account any punishment awarded against the member under the disciplinary law.
Section 29 Access to courts or tribunals
(1) Every person charged with an offence has the right to a fair trial before a court of law.
(2) Every party to a civil dispute has the right to have the matter determined by a court of law or, if appropriate, by an independent and
impartial tribunal.
(3) Every person charged with an offence and every party to a civil dispute has the right to have the case determined within a reasonable
time.
(4) The hearings of courts (other than military courts) and tribunals established by law must be open to the public.
(5) Subsection (4) does not prevent:
(a) the making by the Parliament of laws relating to the trial of juveniles, or to the determination of family or domestic disputes, in a
closed court; or
(b) the exclusion by a court or tribunal from particular proceedings (except the announcement of the decision of the court or tribunal) of
persons other than the parties and their legal representatives if a law empowers it to do so in the interests of justice, public morality, the
welfare of persons under the age of 18, personal privacy, national security, public safety or public order.
(6) Every person charged with an offence, every party to civil proceedings and every witness in criminal or civil proceedings has the right
to give evidence and to be questioned in a language that
he or she understands.
(7) Every person charged with an offence and every party to civil proceedings has the right to follow the proceedings in a language that
he or she understands.
(8) To give effect to the rights referred to in subsections (6) and (7), the court or tribunal concerned must, when the interests of justice
so require, provide, without cost to the person concerned, the services of an interpreter or of a person competent in sign language.
(9) If a child is called as a witness in criminal proceedings, arrangements for the taking of the of the child's evidence must have due
regard to the child's age.
Section 30 Freedom of expression
(1) Every person has the right to freedom of speech and expression, including:
(a) freedom to seek, receive and impart information and ideas; and
(b) freedom of the press and other media.
(2) A law may limit, or may authorise the limitation of, the right to freedom of expression in the interests of:
(a) national security, public safety, public order, public morality, public health or the orderly conduct of national or municipal elections;
(b) the protection or maintenance of the reputation, privacy, dignity, rights or freedoms of other persons, including:
(i) the right to be free from hate speech, whether directed against individuals or groups; and
(ii) the right of persons injured by inaccurate or offensive media reports to have a correction published on reasonable conditions
established by law;
(c) preventing the disclosure, as appropriate, of information received in confidence;
(d) preventing attacks on the dignity of individuals, groups or communities or respected offices or institutions in a manner likely to
promote ill will between races or communities or the oppression of, or discrimination against, any person or persons;
(e) maintaining the authority and independence of the courts;
(f) imposing reasonable restrictions on the holders of public offices in order to secure their impartial and confidential service; or
(g) regulating the technical administration of telecommunications;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
(3) In this section: hate speech means an expression in whatever form that encourages, or has the effect of encouraging, discrimination
on a ground proscribed by section 38.
Section 31 Freedom of assembly
(1) Every person has the right to assemble and demonstrate with others peacefully.
(2) A law may limit, or may authorise the limitation of, the right to freedom of assembly:
(a) in the interests of national security, public safety, public order, public morality, public health or the orderly conduct of national or
municipal elections;
(b) for the purpose of protecting the rights and freedoms of others; or
(c) for the purpose of imposing reasonable restrictions on the holders of public offices in order to secure their impartial service;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
Section 32 Freedom of association
(1) Every person has the right to freedom of association.
(2) A law may limit, or may authorise the limitation of, the right to freedom of association:
(a) in the interests of national security, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of others; or
(c) for the purpose of imposing reasonable restrictions on the holders of public offices in order to secure their impartial service;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
Section 33 Labour relations
(1) Workers have the right to form and join trade unions, and employers have the right form employers' organisations.
(2) Workers and employers have the right to organise and bargain collectively.
(3) Every person has the right to fair labour practices, including humane treatment and proper working conditions.
(4) A law may limit, or may authorise the limitation of, the rights set out in this section:
(a) in the interests of national security, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of others; or
(c) for the purpose of imposing reasonable restrictions on members of a disciplined Force;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
Section 34 Freedom of movement
(1) Every citizen has the right to enter and remain in Fiji.
(2) Every citizen who satisfies the conditions (if any) prescribed by the Parliament has the right to be issued with a passport.
(3) Every citizen, and every other person lawfully in Fiji, has the right to move freely throughout Fiji and the right to leave Fiji.
(4) Every citizen, and every other person who has a right to reside in Fiji, has the right reside in any part of Fiji.
(5) Every person who is not a citizen but is lawfully in Fiji has the right not to be expelled from Fiji except pursuant to an order of a court
or a decision of the Minister on a ground prescribed by law.
(6) A law, or anything done under the authority of a law, is not inconsistent with the rights granted by this section to the extent that the
law:
(a) provides for the detention of the person or enables a restraint to be placed on the person's movements, whether:
(i) for the purpose of ensuring his or her appearance before a court for trial or other proceedings;
(ii) in consequence of his or her conviction for an offence; or
(iii) for the purpose of protecting another person from apprehended violence;
(b) provides for a person who is a non-citizen to be detained or restrained as a consequence of his or her arrival in Fiji without the
prescribed entry documentation;
(c) provides for the extradition, on the order of the High Court, of a person from Fiji;
(d) provides for the removal from Fiji, on the order of the High Court, of a child who had previously been unlawfully removed from
another country, for the purpose of restoring the child to the lawful custody of a parent or guardian;
(e) provides for the removal from Fiji of a person who is not a citizen for the purpose of enabling the person to serve a sentence of
imprisonment in the person's own country in relation to a criminal offence of which he or she has been convicted in Fiji; or
(f) regulates, controls or prohibits the entry of persons on to land owned or occupied by others.
(7) A law may limit, or may authorise the limitation of, the right of a person to freedom of movement:
(a) in the interests of national security, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the economy of a particular area or the ecology or distinctive culture of the area;
(c) for the purpose of imposing a restriction on the person that is reasonably required to secure the fulfilment of an obligation imposed on
the person by law; or
(d) for the purpose of imposing reasonable restrictions on the holders of public offices as part of the terms and conditions of their
employment;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
(8) If a court has made an order requiring a person to pay tax or maintenance, a further order of the court restricting, his or her freedom
of movement is to be taken as reasonable for the purposes of paragraph (7)(c) if the person has wilfully refused to pay despite having the
means to do so.
(9) If action has been taken pursuant to paragraph (7)(b) restricting the movements of persons in order to protect the economy, ecology
or distinctive culture of an area, a person whose interests are affected may request the Judicial Service Commission, in writing, to
establish an independent and impartial tribunal to investigate the merits of the need to protect the economy, ecology or culture of that area.
(10) Upon receipt of the request, the Judicial Service Commission must establish the tribunal and must appoint as its chairperson a person
qualified to practise as a barrister and solicitor in Fiji.
(11) Subsections 23 (3) and (4) apply to a person whose right to freedom of movement is restricted pursuant to measure authorised
under a state of emergency in the same way as they apply to a person detained pursuant to such a measure.
Section 35 Religion and belief
(1) Every person has the right to freedom of conscience, religion and belief.
(2) Every person has the right, either individually or in community with others, and both in public and in private, to manifest his or her
religion or belief in worship, observance, practice or teaching.
(3) The right set out in subsection (2) extends to the right of religious communities or denominations to provide religious instruction as
part of any education provided by them, whether or not they are in receipt of any financial assistance from the State.
(4) The right set out in subsection (2) may be made subject to such limitations prescribe by law as are necessary:
(a) to protect:
(i) the rights or freedoms of other persons; or
(ii) public safety, public order, public morality or public health; or to prevent a public nuisance.
(5) Except with his or her consent or, in the case of a person under the age of 18, the consent of a parent or guardian, a person attending
a place of education is not required to receive religious instruction or to take part in or attend a religious ceremony or observance if the
instruction, ceremony or observance relates to a religion that is not his or her own or if he or she does not hold any religious belief.
(6) A person must not be compelled to take an oath, or to take an oath in a manner, that is contrary to his or her religion or belief or that
requires him or her to express a belief that he or she does not hold.
Section 36 Secret ballot
Every person who has a right to vote in an election of a member of the House of Representatives has the right to do so in secret.
Section 37 Privacy
(1) Every person has the right to personal privacy, including the right to privacy of personal communications.
(2) The right set out in subsection (1) may be made subject to such limitations prescribed by law as are reasonable and justifiable in a free
and democratic society.
Section 38 Equality
(1) Every person has the right to equality before the law.
(2) A person must not be unfairly discriminated against, directly or indirectly, on the ground of his or her:
(a) actual or supposed personal characteristics of circumstances, including race, ethnic origin, colour, place of origin, gender, sexual
orientation, birth, primary language, economic status, age or disability; or
(b) 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 other ground prohibited by this Constitution.
(3) Accordingly, neither a law nor an administrative action taken under a law may directly or indirectly impose a disability or restriction on
any person on a prohibited ground.
(4) Every person has the right of access, without discrimination on a prohibited ground, to shops, hotels, lodging-houses, public
restaurants, places of public entertainment, public transport services, taxis and public places.
(5) The proprietor of a place or service referred to in subsection (4) must facilitate reasonable access for disabled persons to the extent
prescribed by law.
(6) A law, or an administrative action taken under a law, is not inconsistent with the right to freedom from discrimination on the ground
of:
(a) language:
(b) birth;
(c) economic status;
(d) age; or
(e) disability;
during the period of 2 years after the date of commencement of this Constitution if the law was in force immediately before that date and
has remained continually in force during that period.
(7) A law is not inconsistent with subsection (1), (2) or (3) on the ground that it:
(a) appropriates revenues or other moneys for particular purposes;
(b) imposes a retirement age on a person who is the holder of a public office;
(c) imposes on persons who are not citizens a disability or restriction, or confers on them a privilege or advantage, not imposed or
conferred on citizens;
(d) permits a person who has a discretion to institute or discontinue criminal proceedings to take account in the exercise of that discretion
of traditional procedures in the State for the settlement of disputes; or
(e) makes provision with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters as the
personal law of any person or the members of any group;
but only to the extent that the law is reasonable and justifiable in a free and democratic society.
(8) A law, or an administrative action taken under a law, may limit a right or freedom set out in this section for the purpose of:
(a) providing for the application of the customs of Fijians or Rotumans or of the Banaban community:
(i) to the holding, use or transmission of, or to the distribution of the produce of, land or fishing rights; or
(ii) to the entitlement of any person to any chiefly title or rank;
(b) imposing a restriction on the alienation of land or fishing rights held in accordance with Fijian or Rotuman custom or in accordance
with Banaban custom; or
(c) permitting the temporary alienation of that land or those rights without the consent of the owners.
(9) To the extent permitted by subsection (10), a law, or an administrative action taken under a law, may limit a right or freedom set out
in this section for the purpose of providing for the governance of Fijians or Rotumans or of the Banaban community and of other persons
living as members of a Fijian, Rotuman or Banaban community.
(10) A limitation referred to in subsection (9) is valid only if it:
(a) accords to every person to whom it applies the right to equality before the law without discrimination other than on the ground of race
or ethnic origin; and
(b) does not infringe a right or freedom set out in any other section of this Chapter.
Section 39 Education
(1) Every person has the right to basic education and to equal access to educational institutions,
(2) Every religious community or denomination and every cultural or social community has the right to establish and maintain places of
education and to manage them, whether or not it receives financial assistance from the State.
(3) The admission policy of a place of education referred to in subsection (2) may be administered on the basis of the need to maintain its
special character but, subject to that, those concerned in its management must ensure that it is open to all qualified students without
discrimination on any ground prohibited by this Constitution.
(4) Nothing contained in, or done under the authority of, a law prescribing standards or qualifications for educational institutions is
inconsistent with this section to the extent that the requirements of the law are reasonable and justifiable in a free and democratic society.
Section 40 Protection against compulsory acquisition of property
(1) Every person has the right not to be deprived of property by the State otherwise than in accordance with a law.
(2) The acquisition of property under a law referred to in subsection (1):
(a) is permissible for public purposes only; and
(b) is subject to the payment of agreed compensation or, failing agreement, to the payment of such compensation and within such period
as is determined by a court or tribunal to be just and equitable taking into account all relevant factors including:
(i) the use to which the property is being put;
(ii) the history of its acquisition;
(iii) its market value;
(iv) the interests of those affected; and
(v) any hardship to the owner.
(3) In this section:
property includes an interest in property.
Section 41 Enforcement
(1) If a person considers that any of the provisions of this Chapter has been or is likely to be contravened in relation to him or her (or, in
the case of a person who is detained, if another person considers that there has been, or is likely to be, a contravention in relation to the
detained person), then that person (or the other person) may apply to the High Court for redress.
(2) The right to make application to the High Court under subsection (1) is without prejudice to any other action with respect to the
matter that the person concerned may have.
(3) The High Court has original jurisdiction:
(a) to hear and determine applications under subsection (1); and
(b) to determine questions that are referred to it under subsection (5);
and may make such orders and give such directions as it considers appropriate.
(4) The High Court may exercise its discretion not to grant relief in relation to an application or referral, made to it under this section if it
considers that an adequate alternative remedy is available to the person concerned.
(5) If in any proceedings in a subordinate court any question arises as to the contravention of any of the provisions of this Chapter, the
member presiding in the proceedings may, and must if a party to the proceedings so requests, refer the question to the High Court unless,
in the member's opinion (which is final and not subject to appeal), the raising of the question is frivolous or vexatious.
(6) When the High Court gives its decision on a question referred to it under this section, the court in which the question arose must
dispose of the case in accordance with:
(a) the decision; or
(b) if the decision is the subject of appeal to the Court of Appeal or to the Supreme Court, the decision of the Court of Appeal or Supreme
Court, as the case may be.
(7) The Attorney-General may, on behalf of the State, intervene in proceedings before the High Court that relate to a matter concerning a
provision of this Chapter.
(8) If proceedings before the High Court relate to a matter concerning a provision of this Chapter, the High Court must not proceed to
hear and determine the matter until it is satisfied that notice of the matter has been given to the Attorney-General and a reasonable time has
elapsed since the giving of the notice
for consideration by the Attorney-General of the question of intervention in the proceedings.
(9) A notice under subsection (8) is not required to be given to the Attorney-General if the Attorney-General or the State is a party to the
proceedings.
(10) The Chief Justice may make rules for the purposes of this section with respect to the practice and procedure of the High Court
(including rules with respect to the time within which applications are to be trade to the High Court).
Section 42 Human Rights Commission
(1) This section establishes a Human Rights Commission.
(2) Its functions are:
(a) to educate the public about the nature and content of the Bill of Rights, including its origins in international conventions and other
international instruments, and the responsibilities of the Human Rights Committee, the Committee on the Elimination of Racial
Discrimination and other organs of the General Assembly of the United Nations for promoting respect for human rights;
(b) to make recommendations to the Government about matters affecting compliance with human rights, including the making of a
recommendation that a particular question about the legal effect of a provision of the Bill of Rights be referred to the Supreme Court for
its opinion; and
(c) to perform such other functions as are conferred on it by a law made by the Parliament.
(3) The Human Rights Commission consists of 3 members:
(a) the Ombudsman, who is to be its chairperson;
(b) a person who is qualified to be a judge; and
(c) one other member.
(4) The members of the Human Rights Commission referred to in paragraphs (3)(b) and (c) are appointed by the President on the advice
of the Prime Minister, following consultation by the Prime Minister with the Leader of the Opposition and the sector standing committee
of the House of Representatives responsible for matters concerning human rights.
Section 43 Interpretation
(1) The specification in this Chapter of rights and freedoms is not to be construed as denying or limiting other rights and freedoms
recognised or conferred by common law, customary law or legislation to the extent that they are not inconsistent with this Chapter.
(2) In interpreting the provisions of this Chapter, the courts must promote the values that underlie a democratic society based on freedom
and equality and must, if relevant, have regard to public international law applicable to the protection of the rights set out in this Chapter.
(3) A law that limits a right or freedom set out in this Chapter is not invalid solely because the wording or the law exceeds the limits
imposed by this Chapter if the law is reasonably capable of a more restricted interpretation that does not exceed those limits. In that case,
the law must be construed in accordance with the more restricted interpretation.
Chapter 5 Social Justice
Section 44 Social justice and affirmative action
(1) The Parliament must make provision for programs designed to achieve for all groups or categories of persons who are disadvantaged
effective equality of access to:
(a) education and training;
(b) land and housing; and
(c) participation in commerce and in all levels and branches of service of the State.
(2) An Act that establishes a program under subsection (1) must specify:
(a) the goals of the program and the persons or groups it is intended to benefit;
(b) the means by which those persons or groups are to be assisted to achieve the goals;
(c) the performance indicators for judging the efficacy of the program in achieving the goals; and
(d) if the program is for the benefit of a group, the criteria for the selection of the members of the group who will be entitled to participate
in the program.
(3) A person may take special measures in accordance with this section for the purpose of achieving substantial equality between different
groups or different categories of persons.
(4) A person does not discriminate against another person under section 38 by taking those special measures.
(5) Subsection (3) does not authorise the taking, or further taking, of special measures for a purpose referred to in that subsection that is
achieved.
(6) The administering department or other agency must monitor the efficacy of a program established under this section by reference to
the specified performance indicators. The Minister must make an annual report to Parliament on the results revealed by the monitoring.
(7) Unless it has sooner expired in accordance with its terms or has been repealed, an Act establishing a program under this section
expires on the tenth anniversary of its commencement, but the program may be re-established, unless the benefitted persons or groups
have demonstrably ceased to be in need of it.
(8) A program established under this section must not, directly or indirectly, deprive any person not entitled to its benefits of:
(a) any position or seniority in the service of the State:
(b) any place in an educational or training institution;
(c) a scholarship or other financial support; or
(d) a right to carry on any business or profession or to enjoy any other opportunity, amenity or service;
to which that person has already become, and would otherwise remain, entitled.
(9) For the purposes of this section, an ethnic community is to be taken as having effective quality of access to a level or branch of
service of the State only if it is represented there in a number broadly proportionate to its number in the adult population as a whole,
unless its under-representation is due solely to its particular occupational preferences.
(10) In this section:
service of the State means service in any capacity on appointment:
(a) by the President, a Minister, the Cabinet, a commission or the holder of a public office;
(b) by resolution of the Parliament or a committee of the Parliament; or
(c) by or on behalf of any local authority; whether or not the appointee is remunerated wholly or partly by public money, but does not
include service as a member or employee of a body provided for in an Act referred to in section 185.
Section 8 Retention of existing citizenship
The coming into effect of this Constitution does not affect the citizenship of a person who was a citizen immediately before it came into
effect.
Section 9 Way in which citizenship may be acquired
(1) Citizenship may be acquired by:
(a) birth:
(b) registration; or
(c) naturalisation.
(2) The Parliament may not make a law providing for the acquisition of citizenship in any other way.
Section 10 Citizenship by birth
Every child born in Fiji on or after the date of commencement of this Constitution becomes a citizen at the date of birth unless, at the date
of birth:
(a) a parent of the child has the diplomatic immunity accorded to envoys of foreign sovereign powers accredited to Fiji; and
(b) neither parent is a citizen.
Section 11 Infant found abandoned in Fiji
An infant found abandoned in Fiji is deemed to have been born in Fiji, in the absence of proof to the contrary.
Section 12 Citizenship by registration
(1) A child born outside Fiji on or after the date of commencement of this Constitution may become a citizen by registration if, on that
date, either parent was a citizen.
(2) A foreign child adopted by a citizen when the child was under the age of 18 may become a citizen by registration.
(3) A child who was under the age of 21 when either parent became a citizen may become a citizen by registration.
(4) An application for registration under subsection (1), (2) or (3) maybe made at any time during the child's lifetime and, if he or she is
under the age of 21 at the date of the application, may be made on his or her behalf by a parent or guardian.
(5) An application for registration under subsection (1), (2) or (3) made by the child concerned after he or she has reached the age of 21
must not be granted unless he or she has been lawfully present in Fiji for a total of 3 of the 5 years immediately before the application.
(6) An application for citizenship by registration made by an adult who is a citizen of another country must be granted if:
(a) the person was formerly a citizen of the State; and
(b) he or she renounces the other citizenship.
(7) An application for citizenship by registration made by an adult who is or has been married to a citizen must be granted if the applicant:
(a) has been lawfully present in Fiji for a total of 3 of the 5 years immediately before the application: and
(b) complies with such other conditions as the Parliament prescribes.
(8) If, in accordance with this Constitution, a person is required to renounce the citizenship of another country in order to become a
citizen of the State but the law of that other country effectively prevents renunciation of that citizenship, the person is deemed to have
renounced that citizenship if he or she declares, in a form prescribed by the Parliament, an intention not to exercise the entitlements of that
citizenship.
Section 13 Citizenship by naturalisation
(1) A person may become a citizen by naturalisation.
(2) A condition of naturalisation is that the person has been lawfully present in Fiji for a total of 5 of the 10 years immediately before the
application for naturalisation is made.
Section 14 Loss of citizenship
(1) Subject to this section, a person forfeits citizenship if he or she voluntarily acquires the citizenship or nationality of another country.
(2) A citizen of the State who, while a minor, acquires the citizenship of another country forfeits his or her citizenship of the State at the
age of 22 unless, after reaching the age of 21 and before reaching the age of 22, he or she renounces the other citizenship.
(3) An adult who involuntarily acquires the citizenship of another country does not forfeit his or her citizenship of the State unless he or
she fails to renounce the other citizenship within 12 months of:
(a) becoming aware of it; or
(b) being required by the Minister to renounce it;
whichever first occurs.
Section 15 Renunciation of citizenship
A person may renounce his or her citizenship only if he or she:
(a) has reached the age of 21; and
(b) has been since birth a citizen of another country or has acquired the citizenship of another country by registration or naturalisation.
Section 16 Rights to enter and reside in Fiji
The following persons may enter and reside In Fiji so long as they comply with conditions prescribed by the Parliament governing entry
and residence:
(a) former citizens;
(b) a foreign wife or widow or foreign husband or widower of a citizen;
(c) a child of a citizen.
Section 17 Powers of Parliament concerning citizenship
Subject to subsections 9 (2) and 12 (6), the Parliament may make laws:
(a) prescribing conditions upon which a person may become a citizen that are in addition to the conditions set out in this Constitution; and
(b) relating to the making of applications for citizenship by registration or naturalisation.
Section 18 Laws relating to calculation of periods in Fiji
For the purpose of calculating under this Constitution periods of lawful presence in Fiji, the Parliament may make laws specifying certain
periods that are not to be taken into account.
Section 19 Deprivation of citizenship
(1) The Parliament may make laws depriving a person of citizenship in the following circumstances only:
(a) If citizenship was obtained by fraud, misrepresentation or the concealment of a material fact;
(b) If the person, in accordance with subsection 12 (8), declared an intention not to exercise the entitlements of citizenship of another
country but has, since making that declaration, exercised such an entitlement.
(2) A law made under subsection (1) must provide for the according of procedural fairness to the person concerned.
Section 20 Prevention of statements
Despite anything in Chapter IV of the Constitution of 1990:
(a) a person born in Fiji in the period that began on 28 September 1987 and ended on 24 July 1990 is taken to have become a citizen on
the date of birth;
(b) a person born outside Fiji in the period that began on 28 September 1987 and ended on 6 October 1987 is taken to have become a
citizen on the date of birth if his or her father was a citizen on that date and was not himself born outside Fiji; and
(c) a person born in Fiji in the period that began on 25 July 1990 and ended on the date of commencement of this Constitution is taken to
have become a citizen on the date of birth if he or she would otherwise be stateless.
Chapter 4 Bill of Rights
Section 21 Application
(1) This Chapter binds:
(a) the legislative, executive and judicial branches of government at all levels: central, divisional and local; and
(b) all persons performing the functions of any public office.
(2) The rights and freedoms set out in this Chapter apply according to their tenor and are subject only to the limitations under laws of
general application permitted by this Chapter and to such derogations as are authorised under Chapter 14.
(3) Laws made, and administrative and judicial actions taken, after the commencement of this Constitution are subject to the provisions of
this Chapter.
(4) In considering the application of this Chapter to particular legislation, a court must interpret this Chapter contextually, having regard to
the content and consequences of the legislation, including its impact upon individuals, groups or communities.
(5) This Chapter applies to all laws in force at the commencement of this Constitution.
(6) To the extent that it is capable of doing so, this Chapter extends to things done or actions taken outside Fiji.
Section 22 Life
Every person has the right to life. A person must not be arbitrarily deprived of life.
Section 23 Personal liberty
(1) A person must not be deprived of personal liberty except:
(a) for the purpose of executing the sentence or order of a court, whether handed down or made in Fiji or elsewhere, in respect of an
offence of which the person has been convicted;
(b) for the purpose of executing the order of a court punishing the person for contempt of the court or of another court or tribunal;
(c) for the purpose of executing the order of a court made to secure the fulfillment of an obligation imposed on the person by law;
(d) for the purpose of bringing the person before a court in execution of the order of a court;
(e) if the person is reasonably suspected of having committed an offence;
(f) with the consent of the person's parent or guardian or upon an order made by a court, for the purpose of the person's education or
welfare during any period ending not later than the date of his or her eighteenth birthday;
(g) for the purpose or preventing the spread of an infectious or contagious disease;
(h) for the purpose of the person's care or treatment or for the
protection of the community if he or she is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol or a vagrant;
or
(i) for the purpose of preventing the unlawful entry of the person into Fiji or of effecting the expulsion, extradition or other lawful removal
of the person from Fiji.
(2) Paragraph (1)(c) does not permit a court to make an order depriving a person of personal liberty on the ground of failure to pay
maintenance or a debt, fine or tax unless the court considers that the person has wilfully refused to pay despite having the means to do so.
(3) If a person
(detainee) is detained pursuant to a measure authorised under a state of emergency:
(a) the detainee must, as soon as is reasonably practicable and in any event within 7 days after the start of the detention, be given a
statement in writing, in a language that the detainee understands, specifying the grounds of the detention;
(b) notice of the detention must be published in the Gazette within 14 days after the start of the detention, giving particulars of the law
under which the detention is authorised;
(c) the detainee must be given the opportunity to communicate with, and to be visited by:
(i) his or her spouse, partner or next-of-kin; and
(ii) a religious counselor or social worker;
(d) the detainee must be given reasonable facilities to consult with a legal practitioner of his or her choice;
(e) the detention must, within one month and thereafter at intervals of not more than 6 months, be reviewed by an independent and
impartial tribunal established by the Judicial Service Commission and presided over by a person qualified to practise as a barrister and
solicitor in Fiji; and
(f) at a hearing before the tribunal the detainee may appear in person or be represented by a legal practitioner.
(4) Following a review by a tribunal under subsection (3), the tribunal may make recommendations to the appropriate authority as to the
continued detention of the detainee.
Section 24 Freedom from servitude and force labour
(1) A person must not be held in slavery or servitude and must not be required to perform forced labour.
(2) In this section:
forced labour does not include:
(a) labour required in consequence of the sentence or order of a court;
(b) labour reasonably required of a person serving a term of imprisonment, whether or not required for the hygiene or maintenance of the
prison;
(c) labour required of a member of a disciplined Force as part of his or her duties or, in the case of a person who has a conscientious
objection to military service, labour that the person is required by law to perform in place of that service; or
(d) labour reasonably required as part of reasonable and normal communal or civic obligations.
Section 25 Freedom from cruel or degrading treatment
(1) Every person has the right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhumane,
degrading or disproportionately severe treatment or punishment.
(2) Every person has the right to freedom from scientific or
medical treatment or procedures without his or her informed consent or, if he or she is incapable of giving informed consent, without the
informed consent of a lawful guardian.
Section 26 Freedom from unreasonable searches and seizure
(1) Every person has the right to be secure against unreasonable search of his or her person or property and against unreasonable seizure
of his or her property.
(2) Search or seizure is not permissible otherwise than under the authority, of law.
Section 27 Arrested or detained persons
(1) Every person who is arrested or detained has the right:
(a) to be informed promptly in a language that he or she understands of the reason for his or her arrest or detention and of the nature of
any charge that may be brought;
(b) to be promptly released if not charged;
(c) to consult with a legal practitioner of his or her choice in private in the place where he or she is detained, to be informed of that right
promptly and, if he or she does not have sufficient means to engage a legal practitioner and the interests of justice require legal
representation to be available, to be given the services of a legal practitioner under a scheme for legal aid;
(d) to be given the opportunity to communicate with, and to be visited by:
(i) his or her spouse, partner or next-of-kin; and
(ii) a religious counselor or social worker;
(e) to challenge the lawfulness of his or her detention before a court of law and to be released if the detention is unlawful; and
(f) to be treated with humanity and with respect for his or her inherent dignity.
(2) The authorities holding a person who has been arrested or detained must promptly take all reasonable steps to inform his or her
spouse, partner or next-of-kin of his or her arrest or detention.
(3) Every person who is arrested for a suspected offence has the right:
(a) to be informed promptly in a language that he or she understands that he or she has the right to remain from making a statement;
(b) to be brought before a court no later than 48 hours after the time of arrest or, if that is not reasonably possible, as soon as possible
thereafter; and
(c) to be released from detention on reasonable terms and conditions pending trial, unless the interests of justice otherwise require.
(4) A person who is ordered to be detained pending trial is, so far as practicable, to be kept apart from convicted persons.
(5) A detained child is, so far as practicable, to be kept apart from adults, unless that is not in the child's best interests.
Section 28 Rights of charged persons
(1) Every person charged with an offence has the right:
(a) to be presumed innocent until proven guilty according to law;
(b) to be given details in legible writing, in a language that he or she understands, of the nature of and reasons for the charge;
(c) to be given adequate time and facilities to prepare a defence, including, if he or she so requests, a right of access to witness
statements;
(d) to defend himself or herself in person or to be represented, at his or her own expense, by a legal practitioner of his or her
choice or, if the interests of justice so require, to be given the services of a legal practitioner under a scheme for legal aid;
(e) not to have unlawfully obtained evidence adduced against him or her unless the interests of justice require it to be admitted;
(f) to adduce and challenge evidence, and not to be a compellable witness against himself or herself;
(g) to be given, on payment of a reasonable fee prescribed by law, a copy of the record of proceedings of the court and of the decision of
the court within a reasonable time;
(h) not to have the trial take place in his or her absence unless:
(i) the court is satisfied that the person has been served with a summons or other process requiring his or her attendance and has chosen
not to attend; or
(ii) his or her conduct in the proceedings is such that the continuation of the proceedings in his or her presence is impracticable and the
court has ordered him or her to be removed and the trial to proceed in his or her absence;
(j) not to be found guilty in respect of an act or omission unless the act or omission constituted an offence at the time it occurred, and not
to be sentenced to a more severe punishment than was applicable when the offence was committed;
(k) not to be tried again for an offence of which he or she has previously been convicted or acquitted; and
(l) if found guilty, to appeal to a higher court.
(2) Subparagraph (1)(h)(i) does not apply if the offence with which the person has been charged is an offence punishable by a term of
imprisonment.
(3) A law is not inconsistent with paragraph (1)(k) to the extent that it:
(a) authorises a court to try a member of a disciplined Force for a criminal offence despite his or her trial and conviction or acquittal
under a disciplinary law; and
(b) requires the court, in passing sentence, to take into account any punishment awarded against the member under the disciplinary law.
Section 29 Access to courts or tribunals
(1) Every person charged with an offence has the right to a fair trial before a court of law.
(2) Every party to a civil dispute has the right to have the matter determined by a court of law or, if appropriate, by an independent and
impartial tribunal.
(3) Every person charged with an offence and every party to a civil dispute has the right to have the case determined within a reasonable
time.
(4) The hearings of courts (other than military courts) and tribunals established by law must be open to the public.
(5) Subsection (4) does not prevent:
(a) the making by the Parliament of laws relating to the trial of juveniles, or to the determination of family or domestic disputes, in a
closed court; or
(b) the exclusion by a court or tribunal from particular proceedings (except the announcement of the decision of the court or tribunal) of
persons other than the parties and their legal representatives if a law empowers it to do so in the interests of justice, public morality, the
welfare of persons under the age of 18, personal privacy, national security, public safety or public order.
(6) Every person charged with an offence, every party to civil proceedings and every witness in criminal or civil proceedings has the right
to give evidence and to be questioned in a language that
he or she understands.
(7) Every person charged with an offence and every party to civil proceedings has the right to follow the proceedings in a language that
he or she understands.
(8) To give effect to the rights referred to in subsections (6) and (7), the court or tribunal concerned must, when the interests of justice
so require, provide, without cost to the person concerned, the services of an interpreter or of a person competent in sign language.
(9) If a child is called as a witness in criminal proceedings, arrangements for the taking of the of the child's evidence must have due
regard to the child's age.
Section 30 Freedom of expression
(1) Every person has the right to freedom of speech and expression, including:
(a) freedom to seek, receive and impart information and ideas; and
(b) freedom of the press and other media.
(2) A law may limit, or may authorise the limitation of, the right to freedom of expression in the interests of:
(a) national security, public safety, public order, public morality, public health or the orderly conduct of national or municipal elections;
(b) the protection or maintenance of the reputation, privacy, dignity, rights or freedoms of other persons, including:
(i) the right to be free from hate speech, whether directed against individuals or groups; and
(ii) the right of persons injured by inaccurate or offensive media reports to have a correction published on reasonable conditions
established by law;
(c) preventing the disclosure, as appropriate, of information received in confidence;
(d) preventing attacks on the dignity of individuals, groups or communities or respected offices or institutions in a manner likely to
promote ill will between races or communities or the oppression of, or discrimination against, any person or persons;
(e) maintaining the authority and independence of the courts;
(f) imposing reasonable restrictions on the holders of public offices in order to secure their impartial and confidential service; or
(g) regulating the technical administration of telecommunications;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
(3) In this section: hate speech means an expression in whatever form that encourages, or has the effect of encouraging, discrimination
on a ground proscribed by section 38.
Section 31 Freedom of assembly
(1) Every person has the right to assemble and demonstrate with others peacefully.
(2) A law may limit, or may authorise the limitation of, the right to freedom of assembly:
(a) in the interests of national security, public safety, public order, public morality, public health or the orderly conduct of national or
municipal elections;
(b) for the purpose of protecting the rights and freedoms of others; or
(c) for the purpose of imposing reasonable restrictions on the holders of public offices in order to secure their impartial service;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
Section 32 Freedom of association
(1) Every person has the right to freedom of association.
(2) A law may limit, or may authorise the limitation of, the right to freedom of association:
(a) in the interests of national security, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of others; or
(c) for the purpose of imposing reasonable restrictions on the holders of public offices in order to secure their impartial service;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
Section 33 Labour relations
(1) Workers have the right to form and join trade unions, and employers have the right form employers' organisations.
(2) Workers and employers have the right to organise and bargain collectively.
(3) Every person has the right to fair labour practices, including humane treatment and proper working conditions.
(4) A law may limit, or may authorise the limitation of, the rights set out in this section:
(a) in the interests of national security, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of others; or
(c) for the purpose of imposing reasonable restrictions on members of a disciplined Force;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
Section 34 Freedom of movement
(1) Every citizen has the right to enter and remain in Fiji.
(2) Every citizen who satisfies the conditions (if any) prescribed by the Parliament has the right to be issued with a passport.
(3) Every citizen, and every other person lawfully in Fiji, has the right to move freely throughout Fiji and the right to leave Fiji.
(4) Every citizen, and every other person who has a right to reside in Fiji, has the right reside in any part of Fiji.
(5) Every person who is not a citizen but is lawfully in Fiji has the right not to be expelled from Fiji except pursuant to an order of a court
or a decision of the Minister on a ground prescribed by law.
(6) A law, or anything done under the authority of a law, is not inconsistent with the rights granted by this section to the extent that the
law:
(a) provides for the detention of the person or enables a restraint to be placed on the person's movements, whether:
(i) for the purpose of ensuring his or her appearance before a court for trial or other proceedings;
(ii) in consequence of his or her conviction for an offence; or
(iii) for the purpose of protecting another person from apprehended violence;
(b) provides for a person who is a non-citizen to be detained or restrained as a consequence of his or her arrival in Fiji without the
prescribed entry documentation;
(c) provides for the extradition, on the order of the High Court, of a person from Fiji;
(d) provides for the removal from Fiji, on the order of the High Court, of a child who had previously been unlawfully removed from
another country, for the purpose of restoring the child to the lawful custody of a parent or guardian;
(e) provides for the removal from Fiji of a person who is not a citizen for the purpose of enabling the person to serve a sentence of
imprisonment in the person's own country in relation to a criminal offence of which he or she has been convicted in Fiji; or
(f) regulates, controls or prohibits the entry of persons on to land owned or occupied by others.
(7) A law may limit, or may authorise the limitation of, the right of a person to freedom of movement:
(a) in the interests of national security, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the economy of a particular area or the ecology or distinctive culture of the area;
(c) for the purpose of imposing a restriction on the person that is reasonably required to secure the fulfilment of an obligation imposed on
the person by law; or
(d) for the purpose of imposing reasonable restrictions on the holders of public offices as part of the terms and conditions of their
employment;
but only to the extent that the limitation is reasonable and justifiable in a free and democratic society.
(8) If a court has made an order requiring a person to pay tax or maintenance, a further order of the court restricting, his or her freedom
of movement is to be taken as reasonable for the purposes of paragraph (7)(c) if the person has wilfully refused to pay despite having the
means to do so.
(9) If action has been taken pursuant to paragraph (7)(b) restricting the movements of persons in order to protect the economy, ecology
or distinctive culture of an area, a person whose interests are affected may request the Judicial Service Commission, in writing, to
establish an independent and impartial tribunal to investigate the merits of the need to protect the economy, ecology or culture of that area.
(10) Upon receipt of the request, the Judicial Service Commission must establish the tribunal and must appoint as its chairperson a person
qualified to practise as a barrister and solicitor in Fiji.
(11) Subsections 23 (3) and (4) apply to a person whose right to freedom of movement is restricted pursuant to measure authorised
under a state of emergency in the same way as they apply to a person detained pursuant to such a measure.
Section 35 Religion and belief
(1) Every person has the right to freedom of conscience, religion and belief.
(2) Every person has the right, either individually or in community with others, and both in public and in private, to manifest his or her
religion or belief in worship, observance, practice or teaching.
(3) The right set out in subsection (2) extends to the right of religious communities or denominations to provide religious instruction as
part of any education provided by them, whether or not they are in receipt of any financial assistance from the State.
(4) The right set out in subsection (2) may be made subject to such limitations prescribe by law as are necessary:
(a) to protect:
(i) the rights or freedoms of other persons; or
(ii) public safety, public order, public morality or public health; or to prevent a public nuisance.
(5) Except with his or her consent or, in the case of a person under the age of 18, the consent of a parent or guardian, a person attending
a place of education is not required to receive religious instruction or to take part in or attend a religious ceremony or observance if the
instruction, ceremony or observance relates to a religion that is not his or her own or if he or she does not hold any religious belief.
(6) A person must not be compelled to take an oath, or to take an oath in a manner, that is contrary to his or her religion or belief or that
requires him or her to express a belief that he or she does not hold.
Section 36 Secret ballot
Every person who has a right to vote in an election of a member of the House of Representatives has the right to do so in secret.
Section 37 Privacy
(1) Every person has the right to personal privacy, including the right to privacy of personal communications.
(2) The right set out in subsection (1) may be made subject to such limitations prescribed by law as are reasonable and justifiable in a free
and democratic society.
Section 38 Equality
(1) Every person has the right to equality before the law.
(2) A person must not be unfairly discriminated against, directly or indirectly, on the ground of his or her:
(a) actual or supposed personal characteristics of circumstances, including race, ethnic origin, colour, place of origin, gender, sexual
orientation, birth, primary language, economic status, age or disability; or
(b) 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 other ground prohibited by this Constitution.
(3) Accordingly, neither a law nor an administrative action taken under a law may directly or indirectly impose a disability or restriction on
any person on a prohibited ground.
(4) Every person has the right of access, without discrimination on a prohibited ground, to shops, hotels, lodging-houses, public
restaurants, places of public entertainment, public transport services, taxis and public places.
(5) The proprietor of a place or service referred to in subsection (4) must facilitate reasonable access for disabled persons to the extent
prescribed by law.
(6) A law, or an administrative action taken under a law, is not inconsistent with the right to freedom from discrimination on the ground
of:
(a) language:
(b) birth;
(c) economic status;
(d) age; or
(e) disability;
during the period of 2 years after the date of commencement of this Constitution if the law was in force immediately before that date and
has remained continually in force during that period.
(7) A law is not inconsistent with subsection (1), (2) or (3) on the ground that it:
(a) appropriates revenues or other moneys for particular purposes;
(b) imposes a retirement age on a person who is the holder of a public office;
(c) imposes on persons who are not citizens a disability or restriction, or confers on them a privilege or advantage, not imposed or
conferred on citizens;
(d) permits a person who has a discretion to institute or discontinue criminal proceedings to take account in the exercise of that discretion
of traditional procedures in the State for the settlement of disputes; or
(e) makes provision with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters as the
personal law of any person or the members of any group;
but only to the extent that the law is reasonable and justifiable in a free and democratic society.
(8) A law, or an administrative action taken under a law, may limit a right or freedom set out in this section for the purpose of:
(a) providing for the application of the customs of Fijians or Rotumans or of the Banaban community:
(i) to the holding, use or transmission of, or to the distribution of the produce of, land or fishing rights; or
(ii) to the entitlement of any person to any chiefly title or rank;
(b) imposing a restriction on the alienation of land or fishing rights held in accordance with Fijian or Rotuman custom or in accordance
with Banaban custom; or
(c) permitting the temporary alienation of that land or those rights without the consent of the owners.
(9) To the extent permitted by subsection (10), a law, or an administrative action taken under a law, may limit a right or freedom set out
in this section for the purpose of providing for the governance of Fijians or Rotumans or of the Banaban community and of other persons
living as members of a Fijian, Rotuman or Banaban community.
(10) A limitation referred to in subsection (9) is valid only if it:
(a) accords to every person to whom it applies the right to equality before the law without discrimination other than on the ground of race
or ethnic origin; and
(b) does not infringe a right or freedom set out in any other section of this Chapter.
Section 39 Education
(1) Every person has the right to basic education and to equal access to educational institutions,
(2) Every religious community or denomination and every cultural or social community has the right to establish and maintain places of
education and to manage them, whether or not it receives financial assistance from the State.
(3) The admission policy of a place of education referred to in subsection (2) may be administered on the basis of the need to maintain its
special character but, subject to that, those concerned in its management must ensure that it is open to all qualified students without
discrimination on any ground prohibited by this Constitution.
(4) Nothing contained in, or done under the authority of, a law prescribing standards or qualifications for educational institutions is
inconsistent with this section to the extent that the requirements of the law are reasonable and justifiable in a free and democratic society.
Section 40 Protection against compulsory acquisition of property
(1) Every person has the right not to be deprived of property by the State otherwise than in accordance with a law.
(2) The acquisition of property under a law referred to in subsection (1):
(a) is permissible for public purposes only; and
(b) is subject to the payment of agreed compensation or, failing agreement, to the payment of such compensation and within such period
as is determined by a court or tribunal to be just and equitable taking into account all relevant factors including:
(i) the use to which the property is being put;
(ii) the history of its acquisition;
(iii) its market value;
(iv) the interests of those affected; and
(v) any hardship to the owner.
(3) In this section:
property includes an interest in property.
Section 41 Enforcement
(1) If a person considers that any of the provisions of this Chapter has been or is likely to be contravened in relation to him or her (or, in
the case of a person who is detained, if another person considers that there has been, or is likely to be, a contravention in relation to the
detained person), then that person (or the other person) may apply to the High Court for redress.
(2) The right to make application to the High Court under subsection (1) is without prejudice to any other action with respect to the
matter that the person concerned may have.
(3) The High Court has original jurisdiction:
(a) to hear and determine applications under subsection (1); and
(b) to determine questions that are referred to it under subsection (5);
and may make such orders and give such directions as it considers appropriate.
(4) The High Court may exercise its discretion not to grant relief in relation to an application or referral, made to it under this section if it
considers that an adequate alternative remedy is available to the person concerned.
(5) If in any proceedings in a subordinate court any question arises as to the contravention of any of the provisions of this Chapter, the
member presiding in the proceedings may, and must if a party to the proceedings so requests, refer the question to the High Court unless,
in the member's opinion (which is final and not subject to appeal), the raising of the question is frivolous or vexatious.
(6) When the High Court gives its decision on a question referred to it under this section, the court in which the question arose must
dispose of the case in accordance with:
(a) the decision; or
(b) if the decision is the subject of appeal to the Court of Appeal or to the Supreme Court, the decision of the Court of Appeal or Supreme
Court, as the case may be.
(7) The Attorney-General may, on behalf of the State, intervene in proceedings before the High Court that relate to a matter concerning a
provision of this Chapter.
(8) If proceedings before the High Court relate to a matter concerning a provision of this Chapter, the High Court must not proceed to
hear and determine the matter until it is satisfied that notice of the matter has been given to the Attorney-General and a reasonable time has
elapsed since the giving of the notice
for consideration by the Attorney-General of the question of intervention in the proceedings.
(9) A notice under subsection (8) is not required to be given to the Attorney-General if the Attorney-General or the State is a party to the
proceedings.
(10) The Chief Justice may make rules for the purposes of this section with respect to the practice and procedure of the High Court
(including rules with respect to the time within which applications are to be trade to the High Court).
Section 42 Human Rights Commission
(1) This section establishes a Human Rights Commission.
(2) Its functions are:
(a) to educate the public about the nature and content of the Bill of Rights, including its origins in international conventions and other
international instruments, and the responsibilities of the Human Rights Committee, the Committee on the Elimination of Racial
Discrimination and other organs of the General Assembly of the United Nations for promoting respect for human rights;
(b) to make recommendations to the Government about matters affecting compliance with human rights, including the making of a
recommendation that a particular question about the legal effect of a provision of the Bill of Rights be referred to the Supreme Court for
its opinion; and
(c) to perform such other functions as are conferred on it by a law made by the Parliament.
(3) The Human Rights Commission consists of 3 members:
(a) the Ombudsman, who is to be its chairperson;
(b) a person who is qualified to be a judge; and
(c) one other member.
(4) The members of the Human Rights Commission referred to in paragraphs (3)(b) and (c) are appointed by the President on the advice
of the Prime Minister, following consultation by the Prime Minister with the Leader of the Opposition and the sector standing committee
of the House of Representatives responsible for matters concerning human rights.
Section 43 Interpretation
(1) The specification in this Chapter of rights and freedoms is not to be construed as denying or limiting other rights and freedoms
recognised or conferred by common law, customary law or legislation to the extent that they are not inconsistent with this Chapter.
(2) In interpreting the provisions of this Chapter, the courts must promote the values that underlie a democratic society based on freedom
and equality and must, if relevant, have regard to public international law applicable to the protection of the rights set out in this Chapter.
(3) A law that limits a right or freedom set out in this Chapter is not invalid solely because the wording or the law exceeds the limits
imposed by this Chapter if the law is reasonably capable of a more restricted interpretation that does not exceed those limits. In that case,
the law must be construed in accordance with the more restricted interpretation.
Chapter 5 Social Justice
Section 44 Social justice and affirmative action
(1) The Parliament must make provision for programs designed to achieve for all groups or categories of persons who are disadvantaged
effective equality of access to:
(a) education and training;
(b) land and housing; and
(c) participation in commerce and in all levels and branches of service of the State.
(2) An Act that establishes a program under subsection (1) must specify:
(a) the goals of the program and the persons or groups it is intended to benefit;
(b) the means by which those persons or groups are to be assisted to achieve the goals;
(c) the performance indicators for judging the efficacy of the program in achieving the goals; and
(d) if the program is for the benefit of a group, the criteria for the selection of the members of the group who will be entitled to participate
in the program.
(3) A person may take special measures in accordance with this section for the purpose of achieving substantial equality between different
groups or different categories of persons.
(4) A person does not discriminate against another person under section 38 by taking those special measures.
(5) Subsection (3) does not authorise the taking, or further taking, of special measures for a purpose referred to in that subsection that is
achieved.
(6) The administering department or other agency must monitor the efficacy of a program established under this section by reference to
the specified performance indicators. The Minister must make an annual report to Parliament on the results revealed by the monitoring.
(7) Unless it has sooner expired in accordance with its terms or has been repealed, an Act establishing a program under this section
expires on the tenth anniversary of its commencement, but the program may be re-established, unless the benefitted persons or groups
have demonstrably ceased to be in need of it.
(8) A program established under this section must not, directly or indirectly, deprive any person not entitled to its benefits of:
(a) any position or seniority in the service of the State:
(b) any place in an educational or training institution;
(c) a scholarship or other financial support; or
(d) a right to carry on any business or profession or to enjoy any other opportunity, amenity or service;
to which that person has already become, and would otherwise remain, entitled.
(9) For the purposes of this section, an ethnic community is to be taken as having effective quality of access to a level or branch of
service of the State only if it is represented there in a number broadly proportionate to its number in the adult population as a whole,
unless its under-representation is due solely to its particular occupational preferences.
(10) In this section:
service of the State means service in any capacity on appointment:
(a) by the President, a Minister, the Cabinet, a commission or the holder of a public office;
(b) by resolution of the Parliament or a committee of the Parliament; or
(c) by or on behalf of any local authority; whether or not the appointee is remunerated wholly or partly by public money, but does not
include service as a member or employee of a body provided for in an Act referred to in section 185.
Fiji was settled by Polynesian and Melanesian seafarers beginning around 1500 B.C.E. In 1774 James
Cook visited the island, beginning European contact with the islanders. British and American missionaries
arrived in the early 1800's as both nations begin to assert a sphere of influence. The relations with the US
was more hostile than with the British. Hostilities persisted between the various island chiefs, and
overtures were made to England for annexation. In 1865 a Federation of Fijian Chiefs was formed to
decide the direction of the nation. Australian settlers made inroads into Fijian politics and forwarded the
notion of making Chief Cakobau, a convert to Christianity, king. In 1871, Fiji was proclaimed a
constitutional monarchy under Cakobau, and Fiji became a British colony in 1874. An 1875 outbreak of
measles decimated 1/3 of the native population, leading to the importation of 61,000 laborers from India
who gained political enfranchisement in 1929. Following World War II, a movement of self-governance
began to circulate. A 1965 Constitutional conference in London failed to formulate a timetable of
independence, but self-governance was granted in 1967. On 10 October 1970, Fiji was granted
independence from the United Kingdom after disputing factions were able to compromise on the
constitutional formula. In 1977 a constitutional crisis ensued when the Indo-Fijian party won a majority
over the indigenous Fijian party, forcing a new election. Another coup ensued when the leader of a
coalition comprised of the Indo-Fijian party won the election, leading to a second coup a few months
later to consolidate native Fijian power, and the nation was declared a republic. This led to the expulsion
from the Commonwealth and a creation of a new constitution in 1990. In 1997, a Constitutional
conference led to a new Constitution, supported by most leaders of the indigenous Fijian and Indo-Fijian
communities. Fiji was re-admitted to the Commonwealth of Nations, and the first prime minister of
Indian descent, Mahendra Chaudhry, was elected in 1999. Another coup ensued on 19 May 2000, and
Chaudhry was forced to step down as Commodore Frank Bainimarama assumed executive power after
the resignation, possibly forced, of President Mara. On 15 November 2000, the High Courts ordered the
reinstatement of the Constitution.. Following the 2006 reelection of Prime Minister Laisenia Qarase,
Commodore Frank Bainimarama instituted another military coup on 5 December 2006, citing that Qarase
was inciting racial tensions and declared himself Acting President of Fiji. On 4 January 2007,
Bainimarama restored Ratu Josefa Iloilovatu Uluivuda to the Presidency, who endorsed Bainimarama's
coup and formally appointed him Prime Minister the next day. Although Qarase is still the legal prime
minister, he has been confined to his home island. Bainimarama stated that the Constitution would remain
in effect, but said on 17 December 2006 that "as a last resort" it could be abrogated if no other way could
be found to ensure immunity from prosecution for soldiers involved in the takeover. On 10 April, 2009,
Fijian President Ratu Josefa Iloilo announced on a nationwide radio broadcast that he had suspended the
Constitution of Fiji, dismissed the Court of Appeal and assumed all governance in the country after the
court ruled that the current government is illegal. He retired on 31 July 2009 effective granting all power
to Bainimarama who has stated that a new constitution will not be promulgated until at least 2014.
Human rights are enumerated in Chapters 3, 4 and 5, conform to the 1948 Universal Declaration of
Human Rights of which Fiji is a signatory and are listed below. For a full English translation of Fiji's
constitution, click here.
Cook visited the island, beginning European contact with the islanders. British and American missionaries
arrived in the early 1800's as both nations begin to assert a sphere of influence. The relations with the US
was more hostile than with the British. Hostilities persisted between the various island chiefs, and
overtures were made to England for annexation. In 1865 a Federation of Fijian Chiefs was formed to
decide the direction of the nation. Australian settlers made inroads into Fijian politics and forwarded the
notion of making Chief Cakobau, a convert to Christianity, king. In 1871, Fiji was proclaimed a
constitutional monarchy under Cakobau, and Fiji became a British colony in 1874. An 1875 outbreak of
measles decimated 1/3 of the native population, leading to the importation of 61,000 laborers from India
who gained political enfranchisement in 1929. Following World War II, a movement of self-governance
began to circulate. A 1965 Constitutional conference in London failed to formulate a timetable of
independence, but self-governance was granted in 1967. On 10 October 1970, Fiji was granted
independence from the United Kingdom after disputing factions were able to compromise on the
constitutional formula. In 1977 a constitutional crisis ensued when the Indo-Fijian party won a majority
over the indigenous Fijian party, forcing a new election. Another coup ensued when the leader of a
coalition comprised of the Indo-Fijian party won the election, leading to a second coup a few months
later to consolidate native Fijian power, and the nation was declared a republic. This led to the expulsion
from the Commonwealth and a creation of a new constitution in 1990. In 1997, a Constitutional
conference led to a new Constitution, supported by most leaders of the indigenous Fijian and Indo-Fijian
communities. Fiji was re-admitted to the Commonwealth of Nations, and the first prime minister of
Indian descent, Mahendra Chaudhry, was elected in 1999. Another coup ensued on 19 May 2000, and
Chaudhry was forced to step down as Commodore Frank Bainimarama assumed executive power after
the resignation, possibly forced, of President Mara. On 15 November 2000, the High Courts ordered the
reinstatement of the Constitution.. Following the 2006 reelection of Prime Minister Laisenia Qarase,
Commodore Frank Bainimarama instituted another military coup on 5 December 2006, citing that Qarase
was inciting racial tensions and declared himself Acting President of Fiji. On 4 January 2007,
Bainimarama restored Ratu Josefa Iloilovatu Uluivuda to the Presidency, who endorsed Bainimarama's
coup and formally appointed him Prime Minister the next day. Although Qarase is still the legal prime
minister, he has been confined to his home island. Bainimarama stated that the Constitution would remain
in effect, but said on 17 December 2006 that "as a last resort" it could be abrogated if no other way could
be found to ensure immunity from prosecution for soldiers involved in the takeover. On 10 April, 2009,
Fijian President Ratu Josefa Iloilo announced on a nationwide radio broadcast that he had suspended the
Constitution of Fiji, dismissed the Court of Appeal and assumed all governance in the country after the
court ruled that the current government is illegal. He retired on 31 July 2009 effective granting all power
to Bainimarama who has stated that a new constitution will not be promulgated until at least 2014.
Human rights are enumerated in Chapters 3, 4 and 5, conform to the 1948 Universal Declaration of
Human Rights of which Fiji is a signatory and are listed below. For a full English translation of Fiji's
constitution, click here.