The Ministry of Health defended the amendments, saying the proposed changes would provide stronger legal support for environmental health officers. [Photo: FILE]
Fiji’s Constitution must not be undermined by new powers proposed under the Public Health Amendment Bill, says University of Fiji Vice-Chancellor Professor Shaista Shameem.
Appearing before the Parliamentary Standing Committee on Social Affairs, Professor Shameem warned that any authority allowing officials to order medical examinations or interventions must be carefully reviewed to ensure it does not breach constitutional rights.
She said public health legislation must operate within the limits of the Constitution and cannot give the state unchecked powers over individuals.
“Then it needs to be a little bit more discursive and a little bit more dispersed in order to make this bill and the act eventually the legislation really effective get to the aims that you want, which is a healthy nation (8:55) and a nation that is obviously, you know, not just, you know, just protecting the health but also preventing health issues from coming up and from emanating so that people are unhealthy.”
Professor Shameem raised concerns over the proposed role of the Head of Environmental Health, saying the position requires clearer boundaries, including the officer’s appointment process, qualifications, responsibilities and reporting structure.
She warned that unclear powers between the Head of Environmental Health and the Permanent Secretary could create confusion and weaken accountability within the health system.
Professor Shameem said while Fiji needs stronger public health laws, enforcement powers must come with proper safeguards.
The Ministry of Health defended the amendments, saying the proposed changes would provide stronger legal support for environmental health officers carrying out inspections, investigations and public health interventions.
National WASH Coordinator Toga Vosataki said officers need legislative backing to respond to issues such as unsafe housing conditions, sanitation risks and contaminated water sources.
However, Vosataki acknowledged concerns raised over the wording of provisions relating to medical intervention.
Professor Shameem said the challenge was finding the right balance, protecting public health while ensuring individual rights remain protected under Fiji’s Constitution.
