CONFIDENTIAL
FIJI
Report by British High Commission, Suva.
Right No.
(i)
(ii)
There is no imprisonment without trial. The Constitution (Chap. II, Section 5) forbids it and specifically states that any person detained shall be brought without undue delay before a court.
The use
No cases of torture are known. of torture is expressly forbidden by the Constitution. (Chap. II, Section 7).
(iii) Slavery does not exist. Chapter II,
(iv)
(v)
(vi)
Section 6 (1) of the Constitution states "No person shall be held in slavery or servitude."
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There are no restrictions on freedom of speech, save for the exceptions provided in law. The Constitution, Chap. II, Section 12 (1), protects freedom of expression and Section 12 (2) defines those areas where the law may make provi- sion for exceptions. These are the normal
exceptions which are commonly accepted in free democratic countries.
The Judiciary is completely independent. A Supreme Court judge may be removed from office only for inability to perform the functions of his office, or for misbehaviour. Removal is done by the Governor-General only after, at the request of the Governor-General, the question of his removal has been referred by Her Majesty to the Judicial Committee of Her Majesty's Privy Council and the Committee has advised Her Majesty that the judge ought to be removed (Chap. VII, Section 91 of the Constitution refers).
Freedom to join Trade Unions is protected by Chap. II, Section 13 of the Constitution. There are reasonable limitations on the freedom of action by Trade Unions under the Trade Dis- putes Act, 1973.
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(vii) Chap. II
Chap. II, Section 14(1) of the Constitution guarantees freedom of movement, including the right to leave Fiji.
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CONFIDENTIAL
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