Fidji

Declaration:

“In accordance with Articles 21 and 19 (paragraph 2) of the United Nations Convention on the Use of Electronic Communications in International Contracts, the Convention shall not apply to electronic communications or transactions specifically excluded under sections 18, 19, 20 and the Schedule to the Electronic Transactions Act 2008 (No 26 of 2008) of Fiji, as amended by the Electronic Transactions (Amendment) Act 2017 (No 8 of 2017).”

Reservation:

“Fiji reserves waiving its sovereign rights and declares that it does not consider itself bound by the provisions of paragraph 2 of article 16.”

Reservation:

Réserve :

“Fiji reserves waiving its sovereign rights and declares that it does not consider itself bound by the provisions of paragraph 2 of article 20.”

Reservation:

“Fiji reserves waiving its sovereign rights and declares that it does not consider itself bound by the provisions of paragraph 2 of article 15.”

Reservation:

“Fiji reserves waiving its sovereign rights and declares that it does not consider itself bound by the provisions of paragraph 2 of article 35.”

Declaration under article 3 (2):

“… pursuant to article 3 (2) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict the minimum age for voluntary recruitment into the Republic of Fiji Military Forces is 18 years.”

Upon signature:

Declaration:

"The Government of Fiji declares its understanding that signature of the Convention shall, in no way, constitute a renunciation of any rights under international law concerning state responsibility for the adverse effects of climate change, and that no provisions in the Convention can be interpreted as derogating from the principles of general international law."

Reservation:

“The Government of the Republic of Fiji declares that it does not consider itself bound by provisions of Article 92(1).”

Reservations

“...
The Government of the Republic of Fiji recognizes the article 14 of the Convention only to the extent that the right to award compensation to victims of an act of torture shall be subject to the determination of a Court of law.
The Government of the Republic of Fiji does not recognize the competence of the Committee against Torture as provided for in article(s) 20, 21 and 22 of the Convention and therefore shall not be bound by these provisions.
The Government of the Republic of Fiji does not recognize paragraph 1 of article 30 of the Convention and therefore shall not be bound by this provision.”

Declaration under Article 287:

“The Government of the Republic of Fiji declares that it chooses the International Tribunal for the Law of the Sea established in accordance with Annex VI for the settlement of disputes concerning the interpretation or application of the Convention.”

"Fiji will interpret the exemption accorded to members of a consular post by paragraph 3 of Article 44 from liability to give evidence concerning matters connected with the exercise of their functions as relating only to acts in respect of which consu- lar officers and consular employees enjoy immunity from the jurisdiction of the judicial or administrative authorities of the receiving State in accordance with the provisions of article 43 of the Convention."

"The Government of Fiji withdraws the reservation, and declarations in respect of the law of Scotland and in respect of Southern Rhodesia, made on 9th July, 1970 by Her Majesty's Government in the United Kingdom, and affirms that the Government of Fiji declares it to be their understanding that:
"(a) paragraph 1 of Article 1, and the second sentence of Article 2, of the Convention are concerned with the entry into marriage under the laws of a State Party and not with the recognition under the laws of one State or territory of the validity of marriages contracted under the laws of another State or territory; and
(b) paragraph 2 of Article 1 does not require legislative provision to be made where no such legislation already exists, for marriages to be contracted in the absence of one of the parties."

"(1) In respect of Article 5 (1) (b) and in accordance with Article 5 (3) of the Convention, Fiji will not apply, in respect of phonograms, the criterion of fixation;
"(2) In respect of Article 6 (1) and in accordance with Article 6 (2) of the Convention, Fiji will protect broadcasts only if the headquarters of the broadcasting organisation is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State;
"(3) In respect of article 12 and in accordance with article 16 (1) of the Convention,
"(a) Fiji will not apply the provisions of Article 12 in respect of the following uses:
"(i) The causing of a phonogram to be heard in public at premises where persons reside or sleep, as part of the amenities provided exclusively or mainly for residents or inmates therein except where a special charge is made for admission to the part of the premises where the phonogram is to be heard;
"(ii) The causing of a phonogram to be heard in public as part of the activities of, or for the benefit of, a club, society or other organisation which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, except where a charge is made for admission to the place where the phonogram is to be heard, and any of the proceeds of the charge are applied otherwise than for the purpose of the organisation;
"(b) As regards phonograms the producer of which is not a national of another Contracting State or as regards phonograms the producer of which is a national of a Contracting State which has made a declaration under Article 16 (1) (a) (i) stating that it will not apply the provisions of Article 12, Fiji will not grant the protection provided for by Article 12, unless, in either event, the phonogram has been first published in a Contracting State which has made no such declaration."
Communication received on 12 June 1972:

"The Government of Fiji, having reconsidered the said Convention hereby withdraws its declaration in respect of certain provisions of article 12 and in substitution thereof declares in accordance with article 16 (1) of the said Convention that Fiji will not apply the provisions of article 12".

The Government of Fiji stated that the first and third reservations made by the United Kingdom are affirmed but have been redrafted as more suitable to the application of Fiji in the following terms:
"1. The Government of Fiji understands articles 8 and 9 as not preventing them from taking in time of war or other grave and exceptional circumstances measures in the interests of national security in the case of a stateless person on the ground of his former nationality. The provisions of article 8 shall not prevent the Government of Fiji from exercising any rights over property or interests which they may acquire or have acquired as an Allied or Associated Power under a Treaty of Peace or other agreement or arrangement for the restoration of peace which has been or may be completed as a result of the Second World War. Furthermore the provisions of article 8 shall not affect the treatment to be accorded to any property or interests which at the date of entry into force of this Convention in respect of Fiji were under the control of the Government of the United Kingdom of Great Britain and Northern Ireland or of the Government of Fiji respectively by reason of a state of war which existed between them and any other State.
"2. The Government of Fiji cannot undertake to give effect to the obligations contained in paragraphs 1 and 2 of article 25 and can only undertake to apply the provisions of paragraph 3 so far as the law allows.
"Commentary: No arrangements exist in Fiji for the administrative assistance for which provision is made in article 25 nor have any such arrangements been found necessary in the case of stateless persons. Any need for the documents or certificates mentioned in paragraph 2 of that article would be met by affidavit.
"All other reservation made by the United Kingdom to the above-mentioned Convention is withdrawn."

"Fiji shall not be bound by Article 2 of the Additional Proto- col in so far as it refers to unframed photographs and unframed photographic enlargements; but undertakes to allow the tempor- ary duty and tax free admission of these articles under the provi- sions applicable to Article 3 of the Protocol."

"The reservations of the United Kingdom 1 (a), (b), (d) and (f) are affirmed and are redrafted as more suitable to the situation of Fiji in the following terms:
"Article III is accepted subject to reservations, pending noti- fication of withdrawal of any case, insofar as it relates to:
"(a) succession to the Crown;
"(b) certain offices primarily of a ceremonial nature;
"(d) recruitment to and conditions of service in the armed forces;
"(f) the employment of married women in the civil service
"All other reservations made by the United Kingdom are withdrawn."

The Government of Fiji stated that “...[t]he first and fourth reservations made by the United Kingdom are affirmed but have been redrafted as more suitable to the application of Fiji in the following terms:
1. The Government of Fiji understands articles 8 and 9 as not preventing them from taking in time of war or other grave and exceptional circumstances measures in the interests of national security in the case of a refugee on the ground of his nationality. The provisions of article 8 shall not prevent the Government of Fiji from exercising any rights over property and interests which they may acquire or have acquired as an Allied or Associated Power under a Treaty of Peace or other agreement or arrangement for the restoration of peace which has been or may be completed as a result of the Second World War. Furthermore the provisions of article 8 shall not affect the treatment to be accorded to any property or interests which at the date of entry into force of this Convention on behalf of Fiji were under the control of the Government of the United Kingdom of Great Britain and Northern Ireland or of the Government of Fiji respectively by reason of a state of war which existed between them and any other State.
2. The Government of Fiji cannot undertake to give effect to the obligations contained in paragraphs 1 and 2 of article 25 and can only undertake to apply the provisions of paragraph 3 so far as the law allows.
Commentary:
No arrangements exist in Fiji for the administrative assistance for which provision is made in article 25 nor have any such arrangements been found necessary in the case of refugees. Any need for the documents or certifications mentioned in paragraph 2 of that article would be met by affidavits...
All other reservations made by the United Kingdom to the above-mentioned [Convention are] withdrawn."

In its notification of succession, the Government of Fiji de- clared that it wished to maintain the declarations and reservations made on behalf of Fiji when the Convention was extended to Fiji by the Government of the United Kingdom on 16 December 1965.