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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Indigenous Peoples
- English1. Where any Banaban possesses any right over or interest in any land in Banaba, such right or interest shall not be affected in any way by reason of the fact that he resides in Rabi Island in Fiji.
2. Where the Republic has acquired any right over or interest in land in Banaba-
a. from any Banaban for the purpose of phosphate extraction; or
b. by operation of law where the Crown had acquired it before Independence Day from any Banaban for that purpose, the Republic shall transfer that right or interest to the Banaban from whom it was acquired (whether by the Republic or the Crown) or to his heirs and successors upon the completion of phosphate extraction from that land.
3. Where any Banaban possesses any right over or interest in land in Banaba, no such right or interest shall be compulsorily acquired other than a leasehold interest and in accordance with section 8(1) of this Constitution, and then only where the following conditions are satisfied, that is to say-
a. the Banaba Island Council has been consulted; and
b. every reasonable effort has been made to acquired the interest by agreement with the person who possesses the right over or interest in the land.
… (Sec. 119)
Limitations and/or Derogations
- English
Nothing in this Division7 derogates the rights and freedoms of the individual under any other law and, in particular, an Organic Law or an Act of the Parliament may provide further guarantees of rights and freedoms and may further restrict the limitations that may be placed on, or on the exercise of, any right or freedom (including the limitations that may be imposed under Section 38 (general qualifications on qualified rights)). (Sec. 33)
Limitations and/or Derogations
- English
(1) During the period during which a declaration of emergency is in force, the President may make such orders as appear to him to be reasonably required for securing public safety, maintaining public order or safeguarding the interests or maintaining the welfare of the community.
(2) An order made by the President under clause (1.) of this Article 30:
(a) has effect notwithstanding anything in Part II3 of this Constitution or in Article 94;
(b) is not invalid in whole or in part by reason only that it provides for any matter for which provision is made under any law or because of inconsistency with any law; and
(c) lapses when the declaration of emergency lapses unless in the meantime the order is revoked by a resolution of Parliament approved by a majority of the members of Parliament present and voting.
(3) The revocation or lapsing of an order made by the President under clause (1.) of this Article does not affect the previous operation of that order, the validity of anything done or omitted to be done under it or any offence committed or penalty or punishment incurred. (Art. 78)
Limitations and/or Derogations
- English...
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5, 6(2), 9, 11, 12, 13, 14, or 15 of this Constitution to the extent that the law in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of any thing, that is reasonably justifiable in circumstances of any situation arising or existing during the period for the purpose of dealing with that situation.
… (Sec. 16)
Limitations and/or Derogations
- EnglishThe enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (Art. II, Sec. 17)
Limitations and/or Derogations
- English(1) Any law enacted or promulgated in consequence of a declaration of a state of emergency under this Constitution—
(a) may limit a right or freedom set out in this Chapter (with the exception of the rights and freedoms set out in sections 8, 10, 11, 13, 14, 15, 16, 22 and 26) only to the extent that—
(i) the limitation is strictly necessary and required by the emergency; and
(ii) the law is consistent with Fiji’s obligations under international law applicable to a state of emergency; and
(b) takes effect only when it has been published in the Gazette.
(2) A person detained under a law contemplated in subsection (1) retains all the rights recognised in this Chapter, subject only to the limitations referred to in subsection (1). (Sec. 43) - iTaukei(1) Ni dua na lawa e sa vakadonui se sa taurivaki ena vuku ni tikoleqa vakamatanitu ena Yavunivakavulewa qo—
(a) ena rawa ni yalana na dodonu se galala e yavutaki ena Wase qo (vakavo na dodonu kei na galala yavutaki ena tikina 8,10,11,13,14,15,16, 22 kei na 26) ia ena qai yalani ga ena gauna e gadrevi kina—
(i) na kena yalani ena vakatabakidua ena kena gadrevi ena gauna ni tikoleqa vakamatanitu; kei na
(ii) lawa e salavata kei na itavi ni vanua o Viti ena lawa levu kei vuravura ka dau vakayagataki ena gauna ni tikoleqa vakamatanitu; ka na
(b) taurivaki ga ena gauna e sa tabaki i na iTukutuku Tabaki Vakamatanitu.
(2) Ke dua e vesu ena wasetiki (1), e tu vua na dodonu e virikotori ena Wase qo, vakavo ke yalani me vaka e virikotori ena wasetiki (1). (Sec. 43)
Limitations and/or Derogations
- English
Nothing in or done under a law shall be considered to be inconsistent with —
(a) section 16 (life); or
(b) section 17 (personal liberty); or
(c) section 21 (privacy of home and property); or
(d) section 23 (freedom of belief); or
(e) section 24 (freedom of expression); or
(f) section 25 (freedom of assembly and association); or
(g) section 26 (freedom of movement); or
(h) section 27 (freedom from discrimination),
to the extent that the law —
(i) makes any provision, in relation to a period of public emergency; or
(j) authorizes the doing, during any such period, of anything that is reasonably justifiable for the purpose of dealing with any situation that arises or exists during that period. (Sec. 36)
Limitations and/or Derogations
- English…
(2) Every person has the right to freedom based on law, and accordingly has a legal right to do any thing that-
(a) does not injure or interfere with the rights and freedoms of others;
… (Sec. 32)
Limitations and/or Derogations
- English1. Subject to subarticle (2) regulations made by the Council of Ministers in accordance with Article 694 shall have effect notwithstanding the provisions of Chapter 2, Part I5 except that no regulation shall –
a. derogate from the right to life and the freedom from inhuman treatment and forced labour; and
b. make provision for the detention of a person without trial for more than 1 month unless such person is an enemy alien.
2. Regulations made by the Council of Ministers in accordance with Article 69 shall be such as are reasonably necessary in the circumstances of the emergency to which they relate and as are justifiable in a democratic society. (Art. 71) - French1) Sous réserve des dispositions du paragraphe 2), les règlements pris par le Conseil des Ministres en application de l'article 69 produisent leurs effets nonobstant les dispositions du Titre II, Chapitre I, dans la mesure où ils:
a) n'apportent pas de restrictions au droit à la vie et n'imposent pas des traitements inhumains ou des travaux forcés; et
b) n'autorisent pas la garde à vue des personnes pour une durée supérieure à un mois, sauf si ces personnes sont des ennemis étrangers.
2) Les règlements pris par le Conseil des Ministres en application de l'article 69 doivent être adaptés aux circonstances auxquelles ils se rapportent et rester conformes aux principes démocratiques. (Art. 71)
Limitations and/or Derogations
- EnglishWhereas every person in Nauru is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest,
…
the subsequent provisions of this Part2 have effect for the purpose of affording protection to those rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by a person does not prejudice the rights and freedoms of other persons or the public interest. (Art. 3)