His Excellency Ratu Josefa Iloilovatu Uluivuda
President of the Republic of the Fiji Islands
Government House
Suva
Fiji Islands

Fax: +679 3301 645

9 July 2007

Your Excellency,

Re: Entry Refusal to Lawyer, John Cameron

We are writing regarding the refusal of an entry visa for lawyer John Cameron. We are concerned that this refusal may have been to prevent him from carrying out his professional duties.  

The International Bar Association (IBA) is a global federation of lawyers, Law Societies and Bar Associations that works to influence the development of international law reform and shape the future of the legal profession. Its 195 Member Organisations and 16,000 individual members cover all continents. The IBA’s Human Rights Institute (IBAHRI) works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal profession world wide.

We understand that on Monday 25 June Mr Cameron arrived at Nadi Airport.  Shortly after his arrival he was approached by the senior immigration officer on duty and advised that he had been black-listed by the Director of Immigration on 22 June.  He was subsequently refused entry but with no additional reasons given.  It is understood his passport was confiscated and that he was taken to a local motel and locked in a room for the night.  The following day he was deported back to Australia.  He was later advised that the reason given for refusal of entry was that he had, in the past, breached his visitor’s permit by working in Fiji without a work permit. It is believed that Mr Cameron has held a permanent admission to practise in Fiji since 1986, and has held a practising certificate in every subsequent year. 

Mr Cameron is believed to be briefed in two controversial matters before the Court of Appeal and High Court in Fiji.  He was travelling to Fiji to appear before the High Court the following day. This case is being brought by the Law Society and challenges the validity of the appointment of the Acting Chief Justice by the Commission. The second case, before the Court of Appeal concerns the legality of various emergency measures introduced after last years coup. 

It is understood that under a proviso to the section in the Fiji Immigration Act governing the issue of visitor’s permits, the holder of a permit may “during a period of fourteen days immediately following the issue of such permit, notwithstanding the provisions of paragraph (b) and (d), engage in any business, profession or employment, or any research, in the course of duties arising from his normal employment outside Fiji.”    Under the provisions of subsection (b) the holder of a visitor’s permit may not “engage in any business, profession or employment, whether for reward or not except with the approval of the Permanent Secretary.”   The effect of the proviso is that a lawyer who is the holder of a Fiji practising certificate, instructed by a local solicitor, may enter Fiji for a period of 14 days and practise during that period.  It is believed that Mr Cameron has done so under these provisions for twenty years without question.   

We are concerned that the refusal to allow Mr Cameron entry to Fiji is directly related to his professional duties as a lawyer.    We should like to remind you that under the Under the Basic Principles on the Role of Lawyers which were adopted by the Eighth United Congress on the Prevention of crime, 1990,   Principle 16 provides:

‘Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference: (b) are able to travel and to consult with their clients freely both within their own country and abroad…’

We should be grateful if you could ensure that this matter is thoroughly investigated and that any attempts to prevent Mr Cameron from carrying out his professional duties are discontinued. 

Yours sincerely,

Ambassador Emilio Cárdenas   
Justice Richard Goldstone
Co Chairs of the IBA's Human Rights Institute

CC:   Commander Voreqe Bainimarama, Interim Prime Minister;
        Aiyaz Sayed-Khaiyum, Interim Attorney-General
        Graham Leung, President of the Law Society of Fiji