Commission Receive Complaint Of Arbitrary Eviction, Family Temporarily Placed In A Hotel

The Director of the Human Rights and Anti-Discrimination Commission (HRADC) was referred a complaint of arbitrary eviction from the Director of Legal Aid Commission on Friday 30 October, which had been initially lodged with the Fijian Competition and Consumer Commission, according to the complainant Pramil Prasad in September.

Mr Prasad, his elderly mother, his wife who had just given birth nine days ago and another five-year-old child were arbitrarily evicted from an informal settlement in Tamavua.

The Human Rights and Anti-Discrimination Commission interviewed Mr Prasad and his family yesterday and sought the assistance of the Department of Social Welfare and the Ministry of Housing and Community Development to find temporary accommodation.

The commission and the Department of Social Welfare jointly approached various non-governmental organisations, including faith based organisations for assistance.

Mr Prasad and his wife and two children have been temporarily placed in a hotel with the generous assistance of Mr Dewan Chand of Quality Prints while the elderly mother of Mr Prasad has been placed at the Old People’s Home.

Funds were also collected between the Human Rights and Anti-Discrimination Commission and the Legal Aid Commission to support the family with diapers, toiletries and food.

It is a matter of grave concern that the said landlord in the course of the arbitrary eviction took the wheelchair bound elderly mother of Mr Prasad in a taxi to unknown places around the Suva area unaccompanied by her family members.

A complaint has been lodged with the Samabula Police Station by Old People’s Home because the elderly mother has visible marks on her body.

The HRADC has brought the arbitrary eviction of Mr Prasad and his family to the attention of the Minister for Housing and Community Development because it is a matter of concern that the family was forcibly removed from an informal settlement which raises several legal questions about rights, ownership and restitution of rights as we all know renting out property in an informal settlement is unlawful compounded by the absence of tenancy agreements.

The HRADC reiterates that arbitrary evictions constitute a violation of section 39 (1) of the Fijian Constitution which guarantees everyone the right to freedom from arbitrary evictions from his or her home or to have his or home demolished without an order of a court made after considering all the relevant circumstances.

Landlords are urged to do the right thing by the law and respect the inherent human dignity of people who may be in a financially precarious situation particularly in the context of COVID-19.

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