Global Initiative to Enfranchise People with Disabilities: Fiji - www.electionaccess.org Text Only Version
Back to Asia  
  Best Practices: IFES and other groups have implemented innovative practices around the world.
Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.     Publications  
   
   

Fiji

General Right to Vote
Constitution:
(27 July 1998)
• Section 38 subsection (2) states "A person must not be unfairly discriminated against, directly or indirectly, on the grounds of his or her: (a)…age or disability…"

Exclusion Based on Mental Disability
Constitution:
(27 July 1998)
• Section 55 subsection (8) states "A person who…(c) is, under a law in force in the Fiji Islands, adjudged or declared to be of unsound mind…does not have a right to be, or ceases to have a right to be, registered as a voter."

Voter Assistance by Other Citizens
Electoral Law:
(1999: Electoral Act 1998; amended 1999)
• Section 14 subsection (1) states: "If a person making an application for registration as a voter is physically disabled, an application may be signed on his or her behalf (a) by a person who has received a power of attorney from the applicant and who states on the application that the applicant is physically disabled; or (b) by a voter who signs by direction of the applicant and who states on the application (i) that the applicant is physically disabled; and (ii) that the application is singed at the direction of the applicant."
• Section 14 subsection (2) continues: A person who, under this section, signs an application on behalf of the applicant must make and attach to the application a statutory declaration (a) that the applicant is physically disabled; and (b) that the application is being signed (i) under a power of attorney from the applicant; or (ii) at the direction of the applicant."
• Section 14 subsection (3) concludes "For the purposes of this section, a person is physically disabled if, and only if, he or she is, because of a physical disability, incapable of complying with section 12(3) or (4).
• Section 78 subsection (1) states: "If any voter at a polling station is…incapacitated by blindness or other physical reason from voting in the manner prescribed by this Act, the presiding officer must, at the request of the voter made in the presence of polling agents, if any, cause (a) the voter's vote or votes to be marked by a clerk in the presence of another clerk on a ballot paper or papers in the manner directed by the voter; and (b) the ballot paper or papers so marked to be placed in the ballot box or boxes."
• Section 78 subsection (2) states "The name and roll number of every voter whose vote is marked under subsection (1) must be entered on the…incapacitated voters list for the polling station.
• Section 78 subsection (3) states, "Nothing in this section entitles any polling agent to see or hear how a voter votes, unless the voter requests the assistance of a polling agent."

Off-Site Voting Alternatives
Electoral Law:
(1999: Electoral Act 1998; amended 1999)
• Section 90 subsection (2) states "An application for registration as a postal voter may be made on one of the following grounds…(b) because of serious illness or infirmity, the applicant is unable to travel from his or her place of living to a polling station…"
• Section 90 subsection (3) states "An application in which the applicant claims to be prevented from voting in person on account of ill-health or infirmity must be accompanied by a certificate to that effect signed by a registered medical practitioner, a registered medical assistant or a registered nurse."

Indelible Ink Excusal
Electoral Law:
(1999: Electoral Act 1998; amended 1999)
• Section 12, subsection (3) states "…every person making an application under this Part [application for registration] must sign his or her name or, if he or she is illiterate, place on the application his or her mark and the thumbprint of his or her left thumb in ink."
• Section 12, subsection (4) continues: "A person who is illiterate and does not have a left thumb must place on the application (a) his or her mark and the thumbprint of his or her right thumb in ink; or (b) if he or she does not have a right thumb, his or her mark and the print in ink of any of his or her fingers."

 
  Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.
  Rights and Standards:  IFES and other groups have drafted global standards on the electoral rights of citizens with disabilities.
  Best Practices: IFES and other groups have implemented innovative practices around the world.
  Publications
  Contacts and Links