Several Presidential decrees gazetted since the Abrogation of the 1997 Constitution are causing concern to human rights organizations in Fiji.
The decrees include the assumption of Executive Authority by the President in which he appointed himself Head of State until a Parliament is elected in accordance with a Constitution yet to be adopted (by the people of Fiji in such manner as the Government of Fiji may in the future determine); his powers to appoint a Prime Minister by decree, appoint other ministers on the advice of the Prime Minister, make laws “for the peace, order and good government of Fiji by decree in accordance with the advice of the Prime Minister and Cabinet; the Emergency Regulations, and the revocation of all appointments to the country’s judiciary.
The most recent decree is on the Fiji Human Rights Commission.Under this decree the commission is to educate the public about human rights, but is not to receive complaints to investigate or question the legality of the abrogation of the 1997 constitution or other presidential decrees. This latter provision is in line with similar limitations placed on earlier decrees.
Tupou Vere, Director of the Pacific Resource Concerns Centre, "question[s] what’s the point of having a human rights commission in the country when any semblance of human rights is virtually nil. At the moment in Fiji when we have decrees such as this one, we don’t see any relevance of having any mechanism, a human rights institution in the country.”
Akuila Yabaki, CEO of the Citizens’ Constitutional Forum (photo), describes the curtailment of its status and powers as "unfortunate," but reminds citizens the international human rights mechanisms can still be utilised under the various human rights declarations and conventions. Yabaki called on the Caretaker Government to restore the 1997 Constitution and>the judiciary, so that those arrested or detained under the State of Emergency regulations have a chance of fair treatment from the law.
“The decree prevents the FHRC from receiving complaints against, investigating, questioning or challenging the legality or validity of any Decrees made by the President. It is interfering with the independence of the FHRC,” he said. “The FHRC will now be unable to perform the key role of acting as a watchdog of the government as it is no longer allowed to make recommendations on the implications of any proposed law or policy that may affect human rights. However, Fiji’s government is still accountable to the international human rights bodies and has obligations to protect and respect core human rights and provide progress reports to the international community represented by the various treaty bodies. Fiji, as a member of the international community and a recipient of aid money, has obligations to uphold core human rights. Concerned citizens can still utilise the international mechanisms available – such as the reporting and complaints procedures available through the Optional Protocols and the UN Committees for human rights conventions and declarations.”
Rather less moderately, long-standing Government opponent Attar Singh, did not think the statement strong enough: "Is this all that can be said about it particularly by an organisation funded by foreign funds? I would rather keep shut than to make such feeble attempt just to go on record."God save us! Thanks anyway and have a nice day. Attar."[Hmm!]
--Sources: FijiLive; CCF; Pacfemlinks.
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