Last Updated: Friday, 26 December 2014, 13:50 GMT

Fiji: Abuses Jeopardize Constitution Process

Publisher Human Rights Watch
Publication Date 5 December 2012
Cite as Human Rights Watch, Fiji: Abuses Jeopardize Constitution Process, 5 December 2012, available at: http://www.refworld.org/docid/50c1ac922.html [accessed 26 December 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

The government of Fiji should end human rights abuses that threaten to undermine the legitimacy of the process begun to draft a new constitution, Human Rights Watch and the International Trade Union Confederation (ITUC) said today in a letter to Prime Minister Josaia Voreqe Bainimarama. Fiji's interim government announced in March the beginning of long-promised consultations on a new constitution, an important first step toward 2014 elections.

The letter was sent on the sixth anniversary of the 2006 coup by Commodore Bainimarama.Human Rights Watch and the ITUC called on theinterim government to cease curtailing the rights of Fiji Islanders to freedom of speech, the press, peaceful assembly, and association. The military and police have arbitrarily arrested and detained human rights defenders, labor leaders, journalists, and others perceived to be critical of the government.

"While promises of constitutional consultations provide some hope for democratic progress in Fiji, the sixth anniversary of the coup reminds us how far there is to go," said Phil Robertson, deputy Asia director at Human Rights Watch. "The bottom line is that so long as the government targets activists and muzzles the media, a truly rights-respecting and democratic transition won't be possible.

Human Rights Watch and the ITUC urged the government to significantly revise the Fiji Constitutional Process (Constituent Assembly and Adoption of Constitution) Decree 2012 to address concerns about the body's independence. The decree grants full control over the composition of the Constituent Assembly to the interim government; the assembly has the authority to amend or delete provisions of the draft constitution with a two-thirds vote. Furthermore, the decree requires the inclusion of provisions in the constitution to grant immunity to government officials and security forces involved in toppling the democratically elected Qarase government in December 2006.

The Fiji government should promptly repeal the Public Order (Amendment) Decree 2012, Human Rights Watch and the ITUC said. The amendment, which the government announced in January just days after repealing the Public Emergency Regulations, broadly restricts the rights to freedom of speech and assembly. The government has used this decree against people whom officials perceive are critical of the government, particularly representatives of civil society groups, trade unions, and political parties.

The government has also sought to dismantle the labor movement. In September, the authorities stopped representatives from the International Labour Organisation (ILO) from carrying out its mission to verify workers' complaints about restrictions on freedom of association. The government has also used the Essential Industries Decree 2011 to undermine union activity in industries the government determines to be essential.

"Under Commodore Bainimarama's rule, the governmenthas stripped workers of their fundamental rights," said Sharan Burrow, general secretary at the International Trade Union Confederation. "Work sites were militarized and trade union leaders beaten. Trade unionists are under constant police surveillance and police listen in on private union meetings. The trade unions stand firm to enforce international standards to protect workers and their union representatives despite the climate of fear and repression. The government must heed the growing call to respect these rights from the international community."

The government should immediately cease media censorship, which it asserts through intimidation and the criminal law, Human Rights Watch and the ITUC said. The Media Industry Development Decree (Media Decree), which took effect June 2010, forbids publications that are "against public interest or order" and restricts foreign media ownership.

"Fiji's abusive government has for too long benefited from the island nation's remoteness," Robertson said. "It should show it's serious about constitutional consultations by taking prompt action to respect the basic rights of all its people."

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