Fact Finding Missions

Fiji

From 27 August - 5 September 2000, CHRI sponsored a Human Rights Delegation to visit the Fiji Islands on a fact finding mission. CHRI was concerned that, since the 19 May 2000 coup, the only voices that have been able to participate in the dialogue determining the future of governance in Fiji, have been the coup leaders, the military, the non-elected interim government and politicians.

It is clear that the Fijian people have been kept out of the dialogue that will determine their future. Even international delegations, visiting Fiji in the wake of the May 19 2000 coup, have been thwarted in their efforts to properly consult with civil society.

Invited to look into the Fijian situation by the Citizens' Constitutional Forum (CCF), a Suva based non-governmental association, CHRI's visit to Fiji was more successful than previous international delegations' visits.The CHRI teamconsulted with over 25 civil society organizations and community groups from Suva, Nadi and Loutaka on the main island of Viti Levu. The researchers traveled to regional areas to consult with rural communities, and discuss pertinent issues with civil society groups working on the second island of Vanua Levu.

Every fact finding mission that is undertaken results in a report with recommendations to CMAG for action. An example of this is the Fiji report that was presented to CMAG in September 2000.

The preliminary findings of the CHRI fact-finding mission were incorporated in a submission to the Commonwealth Ministerial Action Group (CMAG) at its September meeting in New York. At the outset, the submission states that civil society in Fiji is unhappy about the recent appointment of a Constitutional Review Commission by the interim administration. “ Some civil society members regard the process of constitutional review as a farce aimed at giving legitimacy to constitutional amendments sought by the interim administration.”

The CHRI submission expresses apprehension that theadministration, headed by the interim Prime Minister Laisenia Qarase, has gone beyond ensuring that the government mechanism runs smoothly and has instead entered into the realm of long term policy development and implementation. The administration has discontinued the Land Use Commission and removed native land from the ambit of the Agricultural Landlords and Tenants Act. Amendments of the Bill of Rights, promulgated by decree, indicate that the interim administration is prepared to erode the human rights conferred on all Fijians under the 1997 Constitution when it does not suit their policy objectives.

Another key area of concern is that the Chief Justice of Fiji has failed to uphold the Constitution and has supported the country’s military administration, sending “a clear message to the people of Fiji that the rule of law is under threat.” Following the overthrow of the country’s elected government in May 2000, the Chief Justice assisted in drafting the Administration of Justice Decree 2000 which removed the highest appellate court in Fiji. The judges of that court were drawn primarily from other Commonwealth jurisdictions.

There is also evidence of widespread ethnic violence and social breakdown in Fiji. Thousands of Indian Fijians have been driven out of their homes and off their leasehold and freehold lands in Tailevu, Natasiri and Vanua Levu. Hundreds of cases of human rights violations by indigenous Fijians in these rural areas against Indian Fijians have been reported, including assaults on adults and children over extended periods of time, sexual assaults on women and children, theft, looting, arson and destruction of property.

CHRI made a submission, based on the report drawn up by the delegation to Fiji. Entitled Crisis in Fiji: Democracy and Human Rights under threat in the South Pacific, it was presented to the Commonwealth Ministerial Action Group (CMAG) at its September 2000 meeting held in New York. The submission recommends that the best way for lasting constitutional democracy to return to Fiji, and for human rights and the rule of law to prevail, is to listen to the voice of Fijian civil society.

CHRI recommended that if democracy had not returned to Fiji under the 1997 Constitution by October 2001, that Fiji be suspended from membership of the Commonwealth for serious and persistent violations of the Harare Declaration, and that the Commonwealth have no further dealings, trade or otherwise, with the military-supported interim administration. The recommendation however did suggest that non-governmental links with populations not responsible for unconstitutional action be maintained. CHRI further recommended that the Commonwealth clearly affirm its disapproval to the interim administration on the continuing race based violence directed towards Indian Fijians, women and children. And that the CMAG request the Commonwealth Secretary General to contact the European Commission and the United Nations to collectively call for the restoration of democracy under the 1997 Constitution and the formation of a "Government of National Unity" made up of elected members of Parliament as soon as possible. It was however suggested that the Commonwealth make a commitment to provide the resources Fiji needs to undertake free and fair elections and election monitors to oversee the election process prior to the polls.

CMAG’s Response:

Commonwealth Secretary General’s Special Envoy to Fiji:

• Justice Pius N Langa of South Africa was appointed as Special Envoy to Fiji Islands at the request of the Commonwealth Ministerial Action Group;
• He was mandated to assist Fiji to return to constitutional democracy and to promote national unity;
• He visited Fiji in 200 and 2001.

The Court of Appeal in the Fiji Islands later upheld the validity of the 1997 Constitution that was abrogated by the Military. The interim administration which had the support of the military but lacked popular mandate resigned, following the Court’s verdict.

Click here for the
Report on Fiji:
"A Crisis of Constitution:
The Way Ahead"