The Human Rights and Anti‑Discrimination Commission strongly recommends that Fiji ratify the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights.
This was highlighted by the Commission Director Ashwin Raj during their submission before the Parliamentary Standing Committee on Foreign Affairs and Defence on the two covenants.
Raj says the Fijian Constitution, through its Bill of Rights provisions, already includes the most salient features of the two covenants.
He says the inclusion of sexual orientation, gender identity and expression as prohibited grounds of discrimination in the Fijian Constitution renders the Bill of Rights as far more progressive than the International Covenant on Civil and Political Rights.
Raj says the covenants places a positive obligation on the state to not only protect individuals against violations committed by the state but also against acts committed by private persons or entities that would impair the enjoyment of covenant rights.
He says the ratification of the two covenant would demonstrate Fiji's sustained commitment towards strengthening legal safeguards in the interests of protecting and promoting fundamental human rights and freedoms and opening itself to international scrutiny and will bolster Fiji's efforts to secure a seat at the Human Rights Council and strengthen its relationship with civil society, international community, the national human rights commission and development partners.
Raj says the ratification of International Covenant on Civil and Political Rights can be a catalyst for a much needed national discussion on justifiable limitations on civil and political rights in international law and how to interpret those rights.
He says the ratification of the International Covenant on Economic, Social and Cultural Rights will also enable the realisation of commitment to sustainable development goals.
Raj concludes that the ratification of the two covenants will serve to further strengthen the interpretation provisions of the Bill of Rights of the Fijian Constitution through the application of international law in the interests of promoting values underpinning a democratic society based on human dignity, equality and freedom.
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