COMMISSION GOES TO GREAT LENGTHS TO INVESTIGATE ALLEGED RIGHTS BREACHES

THE GOOD THING IS THAT SEVERAL CASES IT HAD INITIATED HAD ENDED UP IN COURT. They reinforce a Constitutional provision that everyone has a right to seek redress in a court of law if they feel aggrieved that their rights have been violated.

Last year, the High Court in Suva ordered that the Police pay $25,000 compensation to a 10-year-old boy for violating his rights.

The Human Rights and Anti-Discrimination Commission had filed the civil action.

The Judge, Justice Lyone Seneviratne, said in his judgment that the boy was arrested in 2017 without a warrant. The arresting officer rejected a request by the mother of the boy to accompany him to the Police Station.

The boy was physically assaulted at the station.

Justice Seneviratne said if the court ignored the severity of this case and refused the application, it would open floodgates for people, especially for law enforcement officers to harass helpless citizens.

This was one of the significant cases the commission fought and won. The Commission instituted proceedings in the High Court after receiving and independently investigating a complaint by the boy.

It highlighted the fact that the Commission has made considerable progress in its work which should be recognised.

When Ashwin Raj, its director, issues a statement on an issue, don’t dismiss him.

Examine what the Commission has achieved and measure them against what’s being said.

You will find his statements are not hollow because they mirror what’s happening on the ground.

Here are some case examples:

■ A Commission’s investigations team recently travelled to an outer-island and conducted preliminary interviews with the parent of a 16-year-old who was allegedly assaulted while being interrogated by a law enforcement agency in relation to a social media post. The Commission says pursuant to section 32(2) of the Human Rights and Anti-Discrimination Commission Act and considering that the complainant is a minor and therefore primary consideration must be given to the best interests of the child, it will continue its investigations in private and will not be making any further media statements in relation to this case until such time that the Commission has concluded its investigations. The Commission explains this is imperative in ensuring that there is no trial by the media that can potentially subject the complainant to further reprisal and recrimination. The Commission says it awaits a response from the institutions it has written to in relation to the case.

■ In another matter, a complainant was paid $40,000 in an out of court settlement initiated by the Commission for being arbitrarily detained.

■ The Commission intervened in a case of police brutality resulting in death as well as requested for inquest in the case of a death in Police custody.

■ A case in relation to the rights of children is before the Supreme Court of Fiji.

Right to equality and freedom from discrimination.

These are issues found by the Commission:

■ Discrimination faced by the LGBTI community in the health sector such as the preclusion of non-heterosexuals from donating blood.

■ Discrimination faced by LGBT persons in accessing health services such as obtaining contraceptives and hormonal treatment

■ Discrimination faced by HIV positive individual in accessing prescribed retroviral drugs

■ Discrimination faced by LGBT persons with law enforcement agencies such as the refusal to register complaints.

■ Abandonment and incarceration of persons with mental illness in Police stations.

■ Racial profiling by landlords. Only applicants from a particular race are allowed to apply to rent their properties.

■ Workplace discrimination on the grounds of sexual orientation, race, gender, pregnancy and age.

■ Racial remarks made against suspects while in Police custody.

Freedom of expression and assembly

■ The Commission was approached by the NGO Coalition for Human Rights and intervened to secure a permit for civil society for a march on Human Rights Day.

Access to justice for foreign nationals

■ Access to justice for foreign nationals (Tunisia, Sierra Leone, Afghanistan, Bangladesh, Egypt, Indian and Pakistani) detained in Fiji.

Access to Courts or tribunals

■ Members of the public have approached the Commission for legal representation.

Rights of Refugees

■ The Commission called for a legislative review in ensuring that the national immigration law is compliant with our international human rights obligations following the deportation of the Iranian refugee, Loghman Sawari.

Human trafficking

■ The Commission has investigated and reported a case of human trafficking following allegations of confiscation of travel documents and passports of Filipino workers by their employer.

These examples show that the Commission should be commended for its achievements so far.