Tuesday 3 March 2009
Rule of law in Fiji in dire straits
In a report published today, Dire Straits: A report on the rule of law in Fiji, the International Bar Association’s Human Rights Institute (IBAHRI) expresses concern over the state of the rule of law in that nation, which has steadily deteriorated since the December 2006 coup. The IBAHRI report highlights concerns about the interim military regime’s efforts to influence the judiciary, the legal profession and the media in Fiji.
Of particular alarm is the case of Chief Justice Fatiaki who in January 2007, was removed from his office by representatives of the current interim regime and forced to take leave under duress. Subsequently charged with a range of misconduct offences, including allegations that he supported the 2000 coup, he was subjected to a delayed disciplinary process which was eventually dissolved as part of a ‘settlement’ between him and the regime in December 2008. At the same time he received a large payment from the interim regime and resigned from the position of Chief Justice.
If the allegations made against Chief Justice Fatiaki were true, then they warranted investigation and consideration by an independent tribunal. Alternatively, if the allegations were false, the interim regime's suspension of the Chief Justice was entirely without foundation, constituting a serious and unwarranted violation of the independence of the judiciary. There is no conclusion that can be drawn from the resolution of the suspension of the Chief Justice that does not have serious negative implications for the rule of law in Fiji.
Another concern is the conduct of judges who have been appointed or promoted following the December 2006 coup and who have heard cases that relate to the constitutionality of their own appointments. This breaches the law of recusal, which prohibits judges from presiding over a matter in which he or she holds an interest.
The 118 page report contains 31 recommendations (pages 93-97) which the IBAHRI calls on the interim regime and/or other relevant bodies to implement as a matter of urgency to restore the rule of law in Fiji.
Included in the recommendations are the following:
- That elections are held at the earliest opportunity in order to restore democracy to Fiji and legitimacy to all government actions.
- That the interim regime refrains from any interference with the independence of the judiciary and the legal profession.
- That the interim regime respects the independence of the legal profession in Fiji, and refrains from making inappropriate criticisms of the legal profession or individual lawyers.
- That the interim regime be transparent and accountable, and refrains from inhibiting access to Fiji of independent international delegations such as the IBAHRI delegation and the UN Special Rapporteur on the Independence of Judges and Lawyers.
- That all members of Fiji’s judiciary work together to overcome personal conflict and restore collegiality across the judiciary.
- That the Fiji Human Rights Commission acts independently and in compliance with its powers and mandates under the Fiji Constitution and law.
- That the interim government desists from using contempt or deportation proceedings to attempt to control information provided to the community by the media.
The report is published following two separate attempts by a high-level IBAHRI-led delegation of senior jurists from Australia and Malaysia to visit Fiji subsequent to reports of threats to judicial independence and violent attacks on some lawyers. As the Fijian interim regime barred the delegation from entering Fiji, the investigation into the state of the rule of law was conducted via teleconference with a range of stakeholders based in Fiji and overseas.
Justice Richard Goldstone, Co-Chair of the IBAHRI Council, stated: ‘This independent and impartial review reveals the extensive deterioration in the rule of law in Fiji. It is evident that measures implemented by the interim regime have negatively impacted on the judiciary, the legal profession, the Human Rights Commission and the media. Steps should be taken to restore democracy and a robust rule of law in Fiji.’
To download the full report: Dire Straits: A report on the rule of law in Fiji from the IBA website click here
Romana St Matthew - Daniel
International Bar Association
1 Stephen Street
London W1T 1AT
Tel: + 44 (0)20 7691 6868
Fax: + 44 (0)20 7691 6544
Notes to the Editor
The delegation comprised:
- The Hon Justice Roslyn Atkinson, Supreme Court of Queensland, Australia;
- Mr Roger Tan, Advocate and Solicitor, Malaysia;
- Dr Loretta de Plevitz, Senior Lecturer, Faculty of Law, Queensland University of Technology, Australia;
- Ms Felicia Johnston, IBAHRI Programme Lawyer, United Kingdom; and
- Mr Daniel Woods, Rapporteur
About the International Bar Association
the global voice of the legal profession
The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership of over 30,000 individual lawyers and more than 195 bar associations and law societies spanning all continents.
The IBA’s main administrative office is in London with regional offices in São Paulo, Brazil; and in Dubai, United Arab Emirates.
Grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views as to laws, practices and professional responsibilities relating to the practice of law around the globe. Additionally, the IBA’s high-quality publications and world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners and professional associates.
The IBA’s Bar Issues Commission provides an invaluable forum for the IBA’s member bar associations and law societies to discuss all matters relating to law at an international level.
The IBA’s Human Rights Institute promotes, protects and enforces human rights under a just Rule of Law, and works to preserve the independence of the judiciary and the legal profession worldwide.
In partnership with the Open Society Initiative for Southern Africa, the IBA created the Southern Africa Litigation Centre, based in Johannesburg, South Africa, which promotes human rights and the Rule of Law and operates in the following Southern African countries: Angola, Botswana, the Democratic Republic of Congo, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Zambia and Zimbabwe.
The International Legal Assistance Consortium, based in Stockholm, Sweden, is the worldwide consortium of non-governmental organisations providing technical legal assistance to post-conflict countries which the IBA was instrumental in establishing.
In addition through a funded grant, the IBA has staff stationed in the Peace Palace in The Hague, the Netherlands, who manage the IBA’s International Criminal Court (ICC) Monitoring and Outreach Programme. This team follows the work and the proceedings of the ICC, focusing in particularly on issues affecting the fair trial rights of the accused; the implementation of the 1998 Rome Statute; the Rules of Procedure and Evidence; and related ICC documents, in the context of relevant international standards.
International Bar Association
10th Floor, 1 Stephen Street
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Tel: +44 (0)20 7691 6868
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