Fiji Human Rights Commission
Encyclopedia
The Fiji Human Rights Commission was created by presidential decree in 2009, succeeding the entity of the same name established as an independent statutory body under the 1997 Constitution
of the Republic of the Fiji Islands
.
for the people of Fiji and to help build and strengthen a culture of human rights in Fiji.
The mandate of the Commission, set out in the Human Rights Commission Act 1999, was to educate the general public about human rights and to make recommendations to the government about matters affecting human rights. The Commission's complaints and legal divisions were empowered to receive complaints of alleged violations of human rights, investigate them, and seek to resolve the issues by conciliation or by referral to the Commission's legal division for court action. The Commission could refer complaints to the relevant ministry or department if the matter was not within the Commission's jurisdiction.
In 2007, the Fiji Human Rights Commission created controversy when its chairwoman Dr Shaista Shameem
expressed support for the 2006 coup. Consequently, the FHRC was suspended from (and later resigned from) the regional network of human rights bodies, the Asia Pacific Forum
, and from the International Co-ordinating Committee
, the co-ordinating and accreditation body for national human rights institutions (NHRIs). A review by the ICC stated that the FHRC "lacked both credibility and independence" . The interim Prime minister Frank Bainimarama
issued an assurance that his government was committed to upholding the law and protecting human rights as in the constitution. http://www.fijitimes.com/story.aspx?id=55532
The FHRC later commissioned an inquiry into the 2006 general election which had brought the subsequently deposed Prime Minister Laisenia Qarase
to power. The Commission of Inquiry delivered a report which "identifie[d] deficiencies and anomalies at every stage of the election process" , maintaining that the democratic legitimacy of Prime Minister Qarase's deposed government had been questionable.
In October 2007, Dr Shameen criticised United Nations
Human Rights Commissioner Louise Arbour
for allegedly "only hearing one side of the story regarding what was happening in Fiji" - that is, for criticising Commodore Bainimarama's interim government .
During the 2009 Fijian constitutional crisis
, the Fiji Human Rights Commission supported the then President, Ratu Josefa Iloilo
, stating that "the President had no choice but to abrogate the 1997 Constitution after the Fiji Court of Appeal ruled that the interim government was illegal." However, Shameen also stated that the Commission would act as if the Bill of Rights part of the Constitution was still legally in effect. The Commission was closed by police for one day but then allowed to reopen.
as to the security in office of NHRI members, Decree No. 11 stated that any of the three members could be removed from office by the President for matters such as "misbehaviour", or by giving one month's notice. The government had unlimited powers to give the Commission "general policy guidance", and was responsible for the structure and management of the body.
The appointments envisaged by the Decree, which removed Shaista Shameen from office as Chairwoman (and as Ombudsman, an office to which she had also been appointed), have never been made (as of October 2011); thus the Commission has since existed merely as an office and a staff group, but without the members required to direct its operations. Although there have been numerous allegations of serious human rights abuses in Fiji after the Decree, the Commission has not brought any proceedings in relation to them.
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
of the Republic of the Fiji Islands
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
.
The 1997 Commission
The Constitution defined the Commission's purpose as to protect and promote human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
for the people of Fiji and to help build and strengthen a culture of human rights in Fiji.
The mandate of the Commission, set out in the Human Rights Commission Act 1999, was to educate the general public about human rights and to make recommendations to the government about matters affecting human rights. The Commission's complaints and legal divisions were empowered to receive complaints of alleged violations of human rights, investigate them, and seek to resolve the issues by conciliation or by referral to the Commission's legal division for court action. The Commission could refer complaints to the relevant ministry or department if the matter was not within the Commission's jurisdiction.
In 2007, the Fiji Human Rights Commission created controversy when its chairwoman Dr Shaista Shameem
Shaista Shameem
Shaista Shameem, a Fijian lawyer of Pakistani and Indian descent, was director of the Fiji Human Rights Commission from 2002 to 2007, and its director and chairperson from 2007 to 2009...
expressed support for the 2006 coup. Consequently, the FHRC was suspended from (and later resigned from) the regional network of human rights bodies, the Asia Pacific Forum
Asia Pacific Forum
The Asia Pacific Forum is one of four regional networks of national human rights institutions within the International Co-ordinating Committee of NHRIs...
, and from the International Co-ordinating Committee
International Co-ordinating Committee of National Human Rights Institutions
The International Coordinating Committee of National Human Rights Institutions, sometimes shortened to the International Coordinating Committee , is a global network of national human rights institutions - administrative bodies set up to promote, protect and monitor human rights in a given country...
, the co-ordinating and accreditation body for national human rights institutions (NHRIs). A review by the ICC stated that the FHRC "lacked both credibility and independence" . The interim Prime minister Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
issued an assurance that his government was committed to upholding the law and protecting human rights as in the constitution. http://www.fijitimes.com/story.aspx?id=55532
The FHRC later commissioned an inquiry into the 2006 general election which had brought the subsequently deposed Prime Minister Laisenia Qarase
Laisenia Qarase
Laisenia Qarase is a Fijian political figure. He served as the sixth Prime Minister of Fiji from 2000 to 2006. After the military quashed the coup that led to the removal of Mahendra Chaudhry, Qarase joined the Interim Military Government as a financial adviser on 9 June 2000, until his appointment...
to power. The Commission of Inquiry delivered a report which "identifie[d] deficiencies and anomalies at every stage of the election process" , maintaining that the democratic legitimacy of Prime Minister Qarase's deposed government had been questionable.
In October 2007, Dr Shameen criticised United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Human Rights Commissioner Louise Arbour
Louise Arbour
Louise Arbour, is the former UN High Commissioner for Human Rights, a former justice of the Supreme Court of Canada and the Court of Appeal for Ontario and a former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda...
for allegedly "only hearing one side of the story regarding what was happening in Fiji" - that is, for criticising Commodore Bainimarama's interim government .
During the 2009 Fijian constitutional crisis
2009 Fijian constitutional crisis
The Fijian constitutional crisis of 2009 began on Friday, 10 April 2009. Fijian President Ratu Josefa Iloilo announced on a nationwide radio broadcast that he had suspended the Constitution of Fiji, dismissed all judges and constitutional appointees and assumed all governance in the country after...
, the Fiji Human Rights Commission supported the then President, Ratu Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...
, stating that "the President had no choice but to abrogate the 1997 Constitution after the Fiji Court of Appeal ruled that the interim government was illegal." However, Shameen also stated that the Commission would act as if the Bill of Rights part of the Constitution was still legally in effect. The Commission was closed by police for one day but then allowed to reopen.
The 2009 Commission
In May 2009, President Iliolo's Human Rights Commission Decree 2009 (No. 11) reconstituted the institution, considerably reducing its independence. The Decree stipulated that "the functions, powers and duties of the Commission do not extend to receiving complaints against, or investigating, questioning or challenging, the legality or validity of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009, or such other Decrees made or as may be made by the President" - thus prohibiting it from challenging any extant or future Decrees whether or not they were compatible with human rights. Any complaints or proceedings already under way on such matters were annulled. The new Commission, according to the Decree, was to have a chair appointed by the President, and two other members appointed by him on the advice of the Prime Minister. Nothwithstanding provisions in the UN Paris PrinciplesParis Principles
The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights held in Paris on 7-9 October 1991. They were adopted by the United Nations Human Rights Commission by Resolution 1992/54 of 1992, and by the UN General...
as to the security in office of NHRI members, Decree No. 11 stated that any of the three members could be removed from office by the President for matters such as "misbehaviour", or by giving one month's notice. The government had unlimited powers to give the Commission "general policy guidance", and was responsible for the structure and management of the body.
The appointments envisaged by the Decree, which removed Shaista Shameen from office as Chairwoman (and as Ombudsman, an office to which she had also been appointed), have never been made (as of October 2011); thus the Commission has since existed merely as an office and a staff group, but without the members required to direct its operations. Although there have been numerous allegations of serious human rights abuses in Fiji after the Decree, the Commission has not brought any proceedings in relation to them.