- Laws of Fiji

[SCH CON 21] Freedom of movement and residence21

(1) Every person has the right to freedom of movement.

(2) Every citizen has the right to apply for and be issued a passport or similar travel document, in accordance with any condition prescribed by written law.

(3) Every citizen, and every other person lawfully in Fiji, has the right to move freely throughout Fiji and the right to leave Fiji.

(4) Every citizen, and every other person who has a right to reside in Fiji, has the right to reside in any part of Fiji.

(5) Every person who is not a citizen but is lawfully in Fiji has the right not to be expelled from Fiji except pursuant to an order of a court or a decision of the Minister responsible for immigration on a ground prescribed by law.

(6) A law, or anything done under the authority of a law, is not inconsistent with the rights granted by this section to the extent that the law—

(a)provides for the detention of the person or enables a restraint to be placed on the person’s movements, whether—
- (i)for the purpose of ensuring his or her appearance before a court for trial or other proceedings;
- (ii)in consequence of his or her conviction for an offence; or
- (iii)for the purpose of protecting another person from apprehended violence;
(b)provides for a person who is a non-citizen to be detained or restrained as a consequence of his or her arrival in Fiji without the prescribed entry documentation;
(c)provides for the extradition, on the order of the High Court, of a person from Fiji;
(d)provides for the removal from Fiji, on the order of the High Court, of any child who had previously been unlawfully removed from another country, for the purpose of restoring the child to the lawful custody of his or her parent or lawful guardian;
(e)provides for the removal from Fiji of a person who is not a citizen for the purpose of enabling the person to serve a sentence of imprisonment in the country of the person’s citizenship in relation to a criminal offence of which he or she has been convicted in Fiji; or
(f)regulates, controls or prohibits the entry of persons on to land or property owned or occupied by others.

(7) To the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights mentioned in this section—

(a)in the interests of national security, public safety, public order, public morality, public health or the orderly conduct of elections;
(b)for the purpose of protecting the rights and freedoms of others;
(c)for the purpose of protecting the ecology of any area;
(d)for the purpose of imposing a restriction on the person that is reasonably required to secure the fulfilment of an obligation imposed on the person by law; or
(e)for the purpose of imposing reasonable restrictions on the holders of public offices as part of the terms and conditions of their employment.

(8) Section 9(3) and (4) apply to a person whose right to freedom of movement is restricted pursuant to a measure authorised under a state of emergency in the same way as they apply to a person detained pursuant to such a measure.