Human rights in Fiji
Encyclopedia
Fiji
is an island nation in Melanesia in the South Pacific Ocean with a population of approximately 849,000. It is made up of Fijians (57 per cent), Indo-Fijians (37 per cent), Europeans, Chinese, other Pacific islanders, and people of mixed racial descent (6 per cent). Fiji has been in a state of political unrest since their independence from Britain in 1970. Normally the Fijian political system is one of a parliamentary representative democratic republic. However there have been four coups since its independence from Britain, and since 1987 the military has either had a significant influence in the politics of Fiji, or have been directly ruling. The Fijian military regime is currently headed by the President of Fiji, Epeli Nailatikau
. Due to the instability of the government, there has been ignorance for human rights in Fiji to a large extent.
13 October 1970. Fiji has acceded to some, but not the majority, of the key human rights treaties. It is a party to the conventions against racism (CERD
) and discrimination against women (CEDAW
), and on the rights of the child (CRC
), but it has not acceded to the covenants on civil and political rights (ICCPR
), or on economic, social and cultural rights (ICESCR
). It is also not a party to the convention against torture (CAT) or the convention on persons with disabilities (CRPD
).
, titled the Bill of Rights, comprises a total of twenty three sections and contains provisions for human rights protections. The 1997 constitution was the supreme law of Fiji from the creation of it in 1997 until April 2009. However, it was suspended by President Josefa Iloilo in April 2009 after the Fijian Court of Appeal ruled that the military government that was in power, who took over as a result of a coup d’etat in 2006, illegal. So currently in theory, there are no constitutional protections for human rights for the citizens of Fiji.
[Information here removed for being a copyright violation. Information may be read at its original source here (page 5, section C).]
Even though the Constitution of Fiji was abrogated in 2009, the President on 10th April, 2009, issued the “Existing Law Decree 2009” stipulating that all “Existing Laws in force immediately before the 10th day of April 2009 shall continue in force....” “Existing Laws” means all written laws other than the Constitution Amendment Act 1997. This decree guarantees the continued existence of all human rights related local laws existing in Fiji during and including the time of the abrogation of the Constitution.
During the 2009 Fijian constitutional crisis
, the Fiji Human Rights Commission showed support for the then President, Ratu Josefa Iloilo, stating that "the President had no choice but to abrogate the 1997 Constitution after the Fiji Court of Appeal ruled that the interim government was illegal." However, the Head of the Fijian Human Rights Commission, Shaista Shameem
, also stated that the Commission would act as if the Bill of Rights part of the Constitution was still legally in effect.
“Fiji remains a military dictatorship that denies its citizens the right to take part in self-government through free and fair elections, as well as the freedoms of speech, press, assembly, and religion. Since the December 5, 2006 coup d'état, the military and police have arbitrarily arrested and detained human rights defenders, journalists and others perceived as critical of the administration. Four people have died in military or police custody and dozens of people have been intimidated, beaten, sexually assaulted, or subjected to degrading treatment. Fiji's interim administration continues to fail to uphold the rule of law and has seriously compromised the independence of the judiciary. No UN special procedures have visited since the 2006 coup. A visit by the UN Special Rapporteur on the independence of judges and lawyers is pending, though the Fiji government has failed to advise a suitable time for this visit. The government has not responded to the request to visit of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.”
and well as from “extensive consultations with political parties, non-governmental organizations and ordinary citizens.
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
is an island nation in Melanesia in the South Pacific Ocean with a population of approximately 849,000. It is made up of Fijians (57 per cent), Indo-Fijians (37 per cent), Europeans, Chinese, other Pacific islanders, and people of mixed racial descent (6 per cent). Fiji has been in a state of political unrest since their independence from Britain in 1970. Normally the Fijian political system is one of a parliamentary representative democratic republic. However there have been four coups since its independence from Britain, and since 1987 the military has either had a significant influence in the politics of Fiji, or have been directly ruling. The Fijian military regime is currently headed by the President of Fiji, Epeli Nailatikau
Epeli Nailatikau
Brigadier-General Ratu Epeli Nailatikau, CF, LVO, OBE, MSD, OStJ, is a Fijian chief and the current President of Fiji. He has had a long career in the Military, diplomatic service, and government...
. Due to the instability of the government, there has been ignorance for human rights in Fiji to a large extent.
International Treaties
Fiji became a member of the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
13 October 1970. Fiji has acceded to some, but not the majority, of the key human rights treaties. It is a party to the conventions against racism (CERD
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...
) and discrimination against women (CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
), and on the rights of the child (CRC
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
), but it has not acceded to the covenants on civil and political rights (ICCPR
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
), or on economic, social and cultural rights (ICESCR
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...
). It is also not a party to the convention against torture (CAT) or the convention on persons with disabilities (CRPD
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...
).
Protection of Human rights in the Constitution and in general Domestic Legislation
The most current constitution of Fiji dates back to 1997. The fourth chapter of the 1997 Constitution of FijiConstitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
, titled the Bill of Rights, comprises a total of twenty three sections and contains provisions for human rights protections. The 1997 constitution was the supreme law of Fiji from the creation of it in 1997 until April 2009. However, it was suspended by President Josefa Iloilo in April 2009 after the Fijian Court of Appeal ruled that the military government that was in power, who took over as a result of a coup d’etat in 2006, illegal. So currently in theory, there are no constitutional protections for human rights for the citizens of Fiji.
[Information here removed for being a copyright violation. Information may be read at its original source here (page 5, section C).]
Even though the Constitution of Fiji was abrogated in 2009, the President on 10th April, 2009, issued the “Existing Law Decree 2009” stipulating that all “Existing Laws in force immediately before the 10th day of April 2009 shall continue in force....” “Existing Laws” means all written laws other than the Constitution Amendment Act 1997. This decree guarantees the continued existence of all human rights related local laws existing in Fiji during and including the time of the abrogation of the Constitution.
Fiji Human Rights Commission
[Information here removed as copyright violation. The information may be found at its original source here.]During the 2009 Fijian constitutional crisis
2009 Fijian constitutional crisis
The Fijian constitutional crisis of 2009 began on Friday, 10 April 2009. Fijian President Ratu Josefa Iloilo announced on a nationwide radio broadcast that he had suspended the Constitution of Fiji, dismissed all judges and constitutional appointees and assumed all governance in the country after...
, the Fiji Human Rights Commission showed support for the then President, Ratu Josefa Iloilo, stating that "the President had no choice but to abrogate the 1997 Constitution after the Fiji Court of Appeal ruled that the interim government was illegal." However, the Head of the Fijian Human Rights Commission, Shaista Shameem
Shaista Shameem
Shaista Shameem, a Fijian lawyer of Pakistani and Indian descent, was director of the Fiji Human Rights Commission from 2002 to 2007, and its director and chairperson from 2007 to 2009...
, also stated that the Commission would act as if the Bill of Rights part of the Constitution was still legally in effect.
Human Rights Violations
The Universal Periodic Review, which is a progress which involves a review of the human rights records of the Member States of the UN, by the Human Rights Council, every four years, reviewed the human rights situation in Fiji in August 2009.“Fiji remains a military dictatorship that denies its citizens the right to take part in self-government through free and fair elections, as well as the freedoms of speech, press, assembly, and religion. Since the December 5, 2006 coup d'état, the military and police have arbitrarily arrested and detained human rights defenders, journalists and others perceived as critical of the administration. Four people have died in military or police custody and dozens of people have been intimidated, beaten, sexually assaulted, or subjected to degrading treatment. Fiji's interim administration continues to fail to uphold the rule of law and has seriously compromised the independence of the judiciary. No UN special procedures have visited since the 2006 coup. A visit by the UN Special Rapporteur on the independence of judges and lawyers is pending, though the Fiji government has failed to advise a suitable time for this visit. The government has not responded to the request to visit of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.”
Areas of key concern:
- Equality and non-discrimination
- Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
- Right to life, liberty and security of the person
- Administration of justice, including impunity, and the rule of law
- Right to marriage and family life
- Freedom of movement
- Right to work and to just and favourable conditions of work
- Right to education
- Rights of Minorities and indigenous peoples
Proposed Reforms
In July of 2009, the interim Prime Minister Voreqe Bainimarama announced that Fiji would have a new constitution by 2013. This new constitution would derive from the People's Charter for Change, Peace and ProgressPeople's Charter for Change, Peace and Progress
The People's Charter for Change, Peace and Progress is a proposed legal document which would complement the Constitution of the Republic of the Fiji Islands. It would establish compulsory guidelines for any government policy in Fiji over the coming years...
and well as from “extensive consultations with political parties, non-governmental organizations and ordinary citizens.