Costituzione 23 settembre 1988
Costituzione della Repubblica delle Isole Fiji. 23 settembre 1988.
WE, THE PEOPLE OF THE FIJI ISLANDS, SEEKING the blessing of God who has always watched over these islands:
RECALLING the events in our history that have made us what we are, especially the settlement of these islands by the ancestors of the indigenous Fijian and Rotuman people; the arrival of forebears of subsequent settlers, including Pacific Islanders, Europeans, Indians and Chinese; the conversion of the indigenous inhabitants of these islands from heathenism to Christianity through the power of the name of Jesus Christ; the enduring influence of Christianity in these islands and its contribution, along with that of other faiths, to the spiritual life of Fiji
RECOGNISING that the descendants of all those who chose to make their homes in these islands form our multicultural society:
AFFIRMING the contributions of all communities to the well-being of that society, and the rich variety of their faiths, traditions, languages and cultures:
TAKING PRIDE our common citizenship and in the development of our economy and political institutions:
COMMITTING ourselves anew to living in harmony and unity, promoting social justice and the economic and social advancement of all communities, respecting their rights and interests and strengthening our institutions of government: REAFFIRMING our recognition of the human rights and fundamental freedoms of all individuals and groups, safeguarded by adherence to the rule of law, and our respect for human dignity and for the importance of the family, WITH GOD AS OUR WITNESS, GIVE OURSELVES THIS CONSTITUTION
Section 5. State and religion
Although religion and the State are separate, the people of the Fiji Islands acknowledge that worship and reverence of God are the source of good government and leadership.
Section 6. Compact
The people of the Fiji Islands recognise that, within the framework of this Constitution and the other laws of the State, the conduct of government is based on following principles:
(a) the rights of all individuals, communities and groups are fully respected;
(b) the ownership of Fijian land according to Fijian custom, the owner ship of freehold land, and the rights of landlords and tenants under leases of agricultural land are preserved;
(c) all persons have the right to practise their religion freely and to retain their language, culture and traditions;
(d) the rights of the Fijian and Rotuman people include their right to governance through their separate administrative systems;
(e) as citizens, the members of all communities enjoy equal rights, including the right to make their permanent homes in the Fiji Islands;
(k) affirmative action and social justice programs to secure effective equality of access to opportunities, amenities or services for the Fijian and Rotuman people, as well as for other communities, for women as well as men, and for all disadvantaged citizens or groups, are based on an allocation of resources broadly acceptable to all communities;
(l) the equitable sharing of political power amongst all communities in Fiji is matched by an equitable sharing of economic and commercial power to ensure that all communities fully benefit from the nation’s economic progress.
Chapter 4 – Bill of Rights
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 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 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:
(c) economic status;
(d) age; or
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.