In 2013, there was some progress on human rights. The major milestones were the adoption of a new constitution, which establishes a legal deadline for elections, and the registration of four political parties. Freedom of expression has increased, fostering a more open public debate, although media self-censorship remains an issue. There remained concerns about rule of law, particularly the lack of independence of the judiciary. 2013 saw disturbing allegations of the use of torture by state officials. Fiji's poor record on workers' rights was highlighted by trade unions and the International Labour Organisation (ILO). Women continued to face high levels of domestic violence and low levels of political representation.

The UK's main human rights objectives for 2013 were: to support Fiji's efforts to restore democracy through free and fair elections in 2014; to promote greater respect for women's rights; and to encourage Fiji to ratify and implement key human rights instruments, particularly the UN Convention against Torture (CAT). At the time of writing, there was sustained progress towards democracy, which the UK encouraged, with good prospects for elections in 2014. We also provided support through the EU, which sent experts to Fiji to provide technical advice to the government on election preparations. A UK-funded project to improve voter education got off to a slow start because of delays to the release of Fiji's new electoral law. It will continue in 2014. Lack of respect for women's rights is a deep-rooted problem in Fijian society. Two projects funded by the British High Commission helped raise the profile of women's rights, and provide much-needed clinical healthcare and counselling services to survivors of rape and sexual assault. UK funding is also assisting Fiji to prepare for eventual ratification of the CAT.

2014 will be an important year for Fiji. The constitution guarantees national elections will take place by 30 September. However, several key milestones will need to be reached to ensure the credibility of elections, specifically: the appointment of an independent electoral commission and a supervisor of elections; the publication of an electoral law; Prime Minister Bainimarama stepping down as Commander of the Armed Forces; the issuing of the Writ of Election, setting the date of polling; and the transition to full parliamentary democracy post-elections. Campaigning by political parties will begin in earnest after the electoral law comes into force.

Fiji's second Universal Periodic Review (UPR) falls in 2014. The UK, in collaboration with the EU and other international partners, will continue to encourage progress towards free and fair elections, including urging the government to invite credible international observers. Through the EU – which has allocated EUR 1.8 million for democracy strengthening – we will support Fiji's electoral management bodies and other democratic institutions including parliament. Additionally, we will consider other forms of targeted bilateral assistance, while continuing our support of voter education initiatives. Tackling violence against women will remain a priority. We will engage with the UPR process, submitting recommendations to the government.

Elections

Democracy was suspended in Fiji by a military coup in 2006. In 2009, the authorities announced a process to restore democracy, leading to a national election in September 2014. There was sustained progress towards this goal in 2013.

A new constitution was given assent by the President in September. It replaces the 1997 constitution which was abrogated by the current government in 2009. The constitution-making process was not a smooth one. In January, the government rejected a draft constitution prepared by an independent constitution commission, following extensive public consultations. The government replaced the draft with a significantly revised version with limited public input.

The new constitution establishes the framework and institutional arrangements for Fiji's future democracy, and a deadline of 30 September 2014 for elections to take place. It also contains a comprehensive Bill of Rights, which includes strong provisions on social and economic rights. By preserving nearly all of the decrees passed since 2006 until the first sitting of a new parliament, many restrictions on individual rights – particularly freedom of expression, assembly, association and workers' rights – are perpetuated. In all cases, government decrees take primacy over the constitution where they conflict. The constitution also makes no specific provision for the rights of women.

The constitution received a mixed reception from civil society groups and political parties. Amnesty International said the constitution "weakens human rights protections", because it "upholds decrees that severely restrict free speech, and grants the state the power to detain people (potentially indefinitely) without charge or trial in times of emergency. It also gives state officials immunity for a wide range of acts, including crimes under international law such as torture". Human Rights Watch criticised the constitution's sweeping immunity provisions for those involved in previous coups and the high threshold for future constitutional amendments: 75% needed in parliament followed by 75% in referendum. Despite such flaws, the UK and the international community welcomed publication of the constitution as a positive step on the road to democracy. All political parties are now preparing for elections on the basis of this constitution.

A Political Parties Decree was released in January to regulate the registration, operation and funding of political parties. The decree required all new and existing political parties to register, setting a number of onerous legal obligations to be met within a tight deadline. It also banned trade union representatives and public servants from party membership. A study by the International Senior Lawyers Project found the decree to be extreme compared to equivalent regulatory laws applied in other countries. The study concluded that by barring trade union representatives, the decree breached Fiji's obligations under the ILO Convention. Despite the burden of registration, four political parties successfully completed the process. They began to organise internally, although campaigning in earnest will not begin until the release of a new electoral law (expected in early 2014), which will set the rules for participating in elections.

Electronic Voter Registration (EVR) continued for Fijians at home and overseas. In December, the electoral roll, containing the details of 540,000 registered voters (over 80% of the eligible voter population), was made public. The government committed FJD$22 million (£7.1 million) in the national budget for elections and parliamentary improvements – approximately half of the estimated total cost for elections. The remainder is expected to be contributed by international donors. Papua New Guinea has pledged financial support. The EU, Australia, New Zealand, the US, Japan, India, and the UN Development Programme all offered significant technical and in-kind support.

The UK is supporting Fiji's return to democracy. A project implemented by local NGO Citizens' Constitutional Forum (CCF), is helping to inform young people and first-time voters about democratic systems and processes. UK funding for the project is worth £34,000. The UK provided support via the EU for elections gap analysis and technical experts on elections to assist with the drafting of the electoral law. Minister for the Pacific, Hugo Swire, used visits to other countries in the region to make public statements, which underlined the importance of free and fair elections for the democratic process and the long-term stability of Fiji.

Freedom of expression and assembly

The Public Order (Amendment) Decree (POAD) places restrictions on freedom of assembly in Fiji. It requires anyone wishing to hold a public meeting to apply in advance to the police for a permit. The government temporarily suspended the POAD in 2012, specifically to facilitate public consultations on the new constitution. However, throughout 2013, permits were required for all other types of public gathering, although this has not been consistently enforced. This hampered the ability of political parties to begin campaigning. Police used powers under the POAD to disrupt and prevent other public events throughout the year. Two small, peaceful protests for which permits had not been obtained – the first against the new constitution and the second objecting to a lack of transparency in the budget preparation – were disrupted by police leading to the arrest of several protesters, although subsequently they were released without charge. Marches organised across Fiji to celebrate International Women's Day had to be cancelled after permits were withdrawn at short notice. Police cited concerns over public order. In a joint statement with partners, the UK urged the government to respect the right to peaceful assembly.

Although official government media censorship has ended, the threat of heavy penalties under the Media Decree and other forms of legal action forced many media outlets to self-censor. Despite this, the press began to report more widely on the political process, including some criticism of government, although there remains a heavy government bias overall. The government's programme of democratic reforms has prompted a national debate, although political parties and NGOs have complained that they were frequently unable to get their views published.

Contempt of court proceedings were used to suppress freedom of expression. In February, the Fiji Times newspaper was fined FJD$300,000, and its editor was given a six-month suspended prison sentence, after being found guilty of contempt of court for the 2012 publication of third-party comments suggesting judicial independence did not operate in Fiji. In May, the CCF and its executive director were found guilty of contempt of court charges for publishing in its newsletter sections of a report by the Law Society of England and Wales, titled: "Fiji: the rule of law lost", which criticised the judiciary. Charges were brought by the Attorney General's Office. CCF received a fine of FJD$20,000, while the executive director received a three-month prison sentence, suspended for 12 months.

Access to justice and the rule of law

Serious concerns regarding rule of law and access to justice in Fiji persist, in particular a lack of judicial independence and the inability of citizens to challenge the decisions of government. All new laws in Fiji are made by presidential decree, often at short notice and with no public debate or scrutiny. Law-making is unpredictable and provides no mechanism for appeal. The Administration of Justice Decree (2009) prevents any form of legal challenge against any decree passed since the time of the last coup. However, under the new constitution, the responsibility for lawmaking will be returned to parliament.

Fiji Labour Party (FLP) leader and former Prime Minister, Mahendra Chaudhry, is currently facing three criminal charges for alleged tax law violations between 2000 and 2006. The trial is scheduled to begin in March 2014. If found guilty, Chaudhry will be prohibited from contesting the 2014 elections. Laisena Qarase, former Prime Minister and leader of the former SDL party (now renamed SODELPA), is also barred from running in the elections due to a conviction in 2012, which some organisations claimed was politically motivated. Another prominent member of SODELPA has been charged with urging political violence.

Death penalty

The death penalty is abolished for all civilian crimes, but remains in place for certain violations against the Military Code. No executions have been carried out in Fiji since independence in 1970.

Torture

In March 2013, a nine-minute video was posted on the internet showing two escaped prisoners being badly beaten and humiliated by state security officials following their recapture. The video was widely circulated on the internet. In a joint statement with the EU, the UK expressed concern regarding the allegations and called on the government to sign the CAT. Mr Swire drew attention to the case via social media, urging a full investigation. After the incident, the police announced the launch of an investigation, but the results have not yet been made public.

Following its last UPR in 2010, Fiji accepted a UK recommendation to ratify the CAT. With UK financial support through the FCO's Human Rights and Democracy Programme Fund, human rights NGO Association for the Prevention of Torture (APT), has been working with key government ministries in Fiji to prepare for eventual ratification and implementation of the CAT. The project will continue in 2014.

Freedom of religion or belief

The new constitution creates a secular state. It contains specific provisions for religious freedom, which is generally respected in practice. The Methodist Church was prevented by the government from holding its annual meetings from 2004-11. It was allowed to resume its meetings in 2012, and was granted a meeting permit again in 2013.

In December, the British High Commission marked Human Rights Day by hosting an interfaith breakfast for Fijian religious leaders, to promote dialogue between different faith groups.

Women's rights

Domestic violence statistics in Fiji are some of the highest in the world. Access to justice, particularly in cases of domestic violence, is extremely limited, with few cases ending in a successful prosecution. Women are under-represented at all levels of decision making and in the formal economy.

A survey conducted by the Fiji Women's Crisis Centre – the most extensive of its kind carried out in Fiji in a decade – found that more than three in five women in Fiji (64%) have experienced physical or sexual violence, or both, by a husband or intimate partner. The government's commitments to tackle this issue have been welcome, but they have so far failed to sufficiently address this endemic problem.

The UK provided a grant of £30,000 to local NGO Medical Services Pacific to deliver clinical healthcare and counselling services to survivors of rape and sexual assault. The project also helped to raise awareness of women's rights through a series of workshops across the country. A second project in Ba, worth £5,000, funded a series of workshops for local women's groups, promoting greater economic independence through more productive use of civic space.

Minority rights

Fiji has a long-running history of tensions between an indigenous Fijian ("i-Taukei") majority and an economically powerful, ethnically Indian ("Indo-Fijian") minority. Political instability has resulted in four coups since 1987. The current government has promoted a vision of a multi-ethnic Fiji. The new constitution declares that all Fijians are equal, whilst recognising the country's different ethnic groups and origins.

LGBT rights

LGBT rights are generally respected in Fiji. The constitution protects against discrimination on the grounds of sexual orientation and gender identity and, since 2010, male and female same-sex conduct has been decriminalised. However, same-sex marriage is illegal.

Other issues

Labour rights

Workers and trade union members continued to face restrictions on their rights to freedom of association and collective bargaining. The Essential National Industries Decree (2011) prohibits strike action in certain designated industries. In December 2013, it was amended to include several new industries including wood chip. The change in law effectively prevented a planned strike over pay by workers at a saw mill. A separate strike in December by hospitality workers – also covered by the Essential National Industries Decree – at a popular tourist resort led to the arrest of six union leaders, including Daniel Urai, President of the Fiji Trades Union Congress. However, charges against them were dropped in February 2014. In 2013, trade union officials were barred from becoming members or office holders in political parties under the Political Parties Decree (2013).

Violations of workers' rights have been strongly condemned by international trade union bodies and human rights groups. Amnesty International and the International Trade Union Confederation, in conjunction with ten national trade union centres, called on the ILO to launch a formal Commission of Inquiry to examine outstanding allegations of physical assault, harassment and intimidation of trade union leaders and members in Fiji. The ILO deferred a decision on this until March 2014.

The ILO Committee on Freedom of Association requested the government to allow the return of an ILO Direct Contacts Mission to Fiji (the previous mission was expelled by the government in September 2012) in order to examine complaints made by local trade unions. In October, the Prime Minister invited the Contacts Mission to return to Fiji after the 2014 elections, claiming it risked becoming politicised if it took place before.

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