Bill of Rights falling short due to limitation clauses, says FCOSS

Fiji’s Bill of Rights is failing to fully protect citizens due to broad limitation clauses tied to state resources, according to the Fiji Council of Social Services (FCOSS).  

FCOSS executive director Vani Catanasiga told the Constitutional Review Committee that fundamental rights Including access to health and environmental protections are often weakened by provisions that make them conditional rather than guaranteed.  

“The current framework undermines the effective realisation of rights,” she said, noting that while limitations may be necessary, they must align with democratic values and international law.  

The council highlighted real-world consequences, particularly in remote communities where enforcement gaps persist. 

Work on counter-trafficking initiatives has revealed that many vulnerable populations struggle to access legal protections due to distance, lack of resources, and limited awareness.  

To address these challenges, the organisation proposed scaling back limitation clauses and strengthening enforcement through community education and legal access programmes.

A “business pipeline framework” was also suggested to identify gaps in legal aid and improve service delivery for marginalised groups.  

The submission further called for expanded political rights, including explicit guarantees for persons with disabilities to vote and run for office.

It also recommended introducing accessibility standards and removing structural barriers within electoral systems.  

Ms Catanasiga said these reforms are critical to ensuring that rights are not merely symbolic, but enforceable and inclusive. Without such changes, they warn, constitutional protections risk remaining out of reach for many Fijians.