The Constitution Amendment Bill states that a person must not be unfairly discriminated against, directly or indirectly, on grounds including race, culture, ethnic or social origin, colour, place of origin, sex, gender, sexual orientation, gender identity and expression, birth, primary language, economic or social or health status, disability, age, religion, conscience, marital status or pregnancy.
The Bill tabled by Prime Minister, Sitiveni Rabuka, focuses on equality before the law and protection against discrimination where every person would be equal before the law and have the right to equal protection, treatment and benefit of the law.
The Bill states that equality includes the full and equal enjoyment of all rights and freedoms recognised in the Constitution or any other written law.
The provision also covers discrimination based on opinions or beliefs, except where those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others.
The Bill states that a law or administrative action taken under a law may not directly or indirectly impose a limitation or restriction on any person on a prohibited ground.
It also states that every person has the right of access, membership or admission, without discrimination on a prohibited ground, to shops, hotels, lodging-houses, public restaurants, places of public entertainment, clubs, education institutions, public transportation services, taxis and public places.
The proprietor of a place or service listed in the provision must facilitate reasonable access for persons with disabilities to the extent prescribed by law.
The Bill states that treating one person differently from another on any of the grounds prescribed under subsection 3 is discrimination, unless it can be established that the difference in treatment is not unfair in the circumstances.
The proposed provision also sets out circumstances where a law or administrative action would not be inconsistent with the rights in the equality provision.
These include laws that appropriate revenues or other money for particular purposes, impose a retirement age, impose restrictions or confer privileges on people employed or engaged in State service, or impose restrictions or confer privileges on non-citizens.
They also include laws relating to adoption, marriage, devolution of property on death and pensions, as well as laws excluding persons from holding certain public offices.
The Bill also provides for laws or administrative actions that limit a right or freedom to the extent necessary in relation to the communal ownership of iTaukei, Rotuman and Banaban lands, access to marine resources, or the bestowing of iTaukei, Rotuman and Banaban chiefly title or rank.
A law or administrative action may also limit a right or freedom for the purpose of providing for the application of the customs of iTaukei, Rotuman or the Banaban community relating to the holding, use or transmission of, or distribution of the produce of, land or fishing rights, or entitlement to any chiefly title or rank.
It may also impose a restriction on the alienation of land or fishing rights held in accordance with iTaukei, Rotuman or Banaban custom, or permit the temporary alienation of that land or those rights without the consent of the owners.
The Bill further states that a law or administrative action may limit a right or freedom for the purpose of providing for the governance of iTaukei or Rotuman or of the Banaban community and of other persons living as members of an iTaukei, Rotuman or Banaban community.
However, subsection 11 states that such a limitation is valid only if it 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.
It must also not infringe a right or freedom set out in any other section of the Chapter.
Debate on the Constitution Amendment Bill will take place in Parliament tomorrow.
