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FIJI: Chief justice blames cultural misconception over brutality concerns

Filed Under: Fiji Unplugged

The UN Human Rights Council in session in Geneva
The UN Human Rights Council in session in Geneva. Image: UN

By Sally Round of Radio New Zealand International, WELLINGTON.

Senior judicial figures from Fiji have told a United Nations gathering in Switzerland the country is addressing concerns about police brutality.

Senior judicial figures from Fiji have told a United Nations gathering in Switzerland the country is addressing concerns about police brutality.

Fiji has been undergoing an examination of its human rights record under the United Nations Human Rights Council’s Universal Periodic Review.

Fiji’s Chief Justice Anthony Gates gave some frank testimony at the session at the UN’s European Headquarters, saying the courts in Fiji wasted much time having to resolve whether confessions in police custody had been given voluntarily.

He said the problem was due to what he called a “cultural misconception”.

A transcript from the Dateline Pacific report:

ANTHONY GATES: Torture during interrogation has been a long-standing problem in Fiji. Members of the police or prison service or others in authority have thought they had a right to impose an extra-judicial punishment on an arrested suspect or an escaped prisoner.

Justice Gates said efforts are underway to improve police interrogation procedures including training, the videotaping of interviews and a review of the Police Act next year.

Most countries speaking at the session praised Fiji for steps taken since its last human rights appraisal in 2010 including holding elections last month and bringing in a new constitution last year.

It also received bouquets including this from China on strides made in social and economic rights.

CHINA REPRESENTATIVE: Fiji is committed to the protection and promotion of various human rights such as people’s economic and social and cultural rights, to the realisation of gender equality, social justice and sustainable development.

But several, including Germany, also called for the repeal of restrictive decrees.

GERMAN REPRESENTATIVE: Germany recommends bringing legislation on freedom of expression, assembly and association in line with international human rights standards in particular by repealing the Media Industry Development Decree 2010 in order to end intimidation and harassment of those that expressed criticism of the state.

The decree imposes stiff jail sentences and fines on journalists for breaking its provisions.

Ashwin Raj, who is chair of Fiji’s Media Industry Development Authority (MIDA), told the forum it was in keeping with international codes of journalism ethics.

ASHWIN RAJ: I question the premise of all questions pertaining to the Media Industry Development Decree and I urge this forum to read the Media Industry Development Decree in its entirety.

Swaziland was alone in expressing concern about the ability to change the constitution, introduced controversially last year. Any amendments require a three-quarter majority in parliament and a three quarters majority in a subsequent public referendum.

SWAZILAND REPRESENTATIVE: The effect of this provision of the constitution is to make amendment very difficult. What is the rationale behind this provision especially as it is alleged by some groups in Fiji that there was no consultation before the passing of the constitution?

That was batted aside by the Minister of Justice Aiyaz Sayed-Khaiyum who said there was widespread consultation.

AIYAZ SAYED-KHAIYUM: I’d like to thank the Madam Ambassador for her question because for the first time in Fiji’s history we actually have a referendum now in process which is a direct form of democracy without the need for third party intervention.

Fiji’s action on violence against women received a mixed review from representatives prompting a spirited defence by Fiji’s UN representative in Geneva, Nazhat Shameem.

She said Fiji has introduced laws on domestic violence, child welfare, and sexual assault to deal with a challenge faced the world over.

NAZHAT SHAMEEM: Many women find it very very hard to report gender-based violence because of institutional and social and cultural barriers therefore the biggest challenge that Fiji recognises is how to break that dark figure down and encourage reporting.

Questions over the independence of the judiciary brought this response from Fiji’s Chief Justice Anthony Gates.

ANTHONY GATES: It has been insinuated that Fiji’s judiciary is somehow not independent and that it’s subject to the direction and control of the government. I refute that. Under the 2013 constitution, the appointment system for judicial officers is now considerably less subject to political influence or control.

Most of the of the 56 countries which spoke at the session urged Fiji to ratify without delay several international human rights conventions like the Convention Against Torture and the Convention on Civil and Political Rights.

Several also called on Fiji to allow into the country independent experts like the Special Rapporteur on Torture and to co-operate more fully on human rights procedures.

The UN noted Fiji had not responded to any of its letters of allegation and urgent appeals in relation to human rights over the last four and a half years.

Sayed-Khaiyum promised Fiji would ratify remaining conventions after approval by Fiji’s new Parliament.

AIYAZ SAYED-KHAIYUM: Fiji of course has come along way since the last cycle including extensive reforms that go beyond the requirements of international instruments making us compliant even without ratification. However we do recognise that ratification also helps develop new partnerships and international co-operation and we therefore remain committed to ratify these international instruments.

Sayed- Khaiyum said Fiji has a fresh opportunity to start a new era of implementing human rights in the country based on fact and law.

Read the full submission  >>

Sally Round is a senior reporter with Radio New Zealand International. Republished with permission.

(Radio New Zealand International/Pacific Scoop/Pacific Media Watch)

Also posted on Croz Walsh’s Blog

Universal Periodic Review Second Cycle – Fiji

creative commons licence

This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 New Zealand Licence.

Explore Fiji

Filed Under: Fiji Unplugged

An Award-Winning Fiji Tourism Magazine

Explore FijiExplore Fiji Online Magazine

THE World is a Book (magazine), and those who do not travel, read only a page. ~ Saint Augustine.

I recently came across this stunning popular online magazine, Explore Fiji, featuring so many ways to explore Fiji. The goal of the publication is to promote Fiji to the world – and it achieves this with warm and vibrant pictures of all aspects of Fijian life to stories on Fijian sports men and women who have been successful internationally, to articles on Fijian resorts and things to do in our beautiful Fiji – all in a digital ‘flip book’ design. Outstanding!

In the current edition, Publisher/Editor, Connie Chew, says,

Bula and Cola Vina,

Welcome to the only country on earth where you are welcomed with a warm ‘BULA’ everywhere you go. Yes, Bula is ubiquitous. Bula means “life” and in a greeting in implies wishes for “good health”. Before long you’ll find yourself instantly saying Bula … On occasion, you may also hear the greeting, “Cola Vina (pronounced Thola Veenah and also means ‘life’), which is a dialect spoken in the Western region of Fiji.

Just like the wonderful hospitality of our people, I agree, Bula is infectious.

In this handy-sized magazine issue, we give you a window to what you can expect to do in Fiji today and in the future with features and information on places, activities, attractions and events…

Immerse yourself in our country’s countless offerings as you explore Fiji and especially engage with our multi-cultural communities.

SO travel, come EXPLORE Fiji –  come explore our beautiful country. You may begin reading about us, first, here:

Link to EXPLORE Fiji’s latest edition & archived issues:

http://viewer.e-digitaleditions.com/t/18754

Connie tells me that Explore Fiji has been nominated for the upcoming AON Fiji Excellence in Tourism Award for Services & Support to Industry. I firmly believe she deserves to win. Here is my testimonial. Why not add your’s in the Comments box below. C’mon now, let’s get behind the publisher of this work of art and passion for Fiji.

I recently came across the stunning and popular online magazine Explore Fiji, featuring so many ways to explore Fiji’s islands and tourism activities. Explore Fiji is an outstanding tourism magazine that puts Fiji at the forefront of the reader’s mind through its focused stories on the resorts, events and multi-cultural aspects of life in Fiji and its vivid colour images and innovative ‘flip book’ design.  As I ‘flip’ through its pages, I feel drawn into Fiji and compelled to book my airline ticket and resort for a wonderful, fun filled holiday in Fiji!

As its Publisher/Editor, Connie Chew, states, the magazine welcomes visitors “… to the only country on earth where you are welcomed with a warm ‘BULA’ everywhere you go.”  She is right, the publication fills me with the BULA spirit and makes me want to go and experience Fiji!

The goal of Explore Fiji is to promote Fiji to the world – and it overwhelmingly achieves this with, amongst many wonderful features, warm and vibrant pictures of all aspects of Fijian life, stories on Fijian sports men and women who have been successful internationally, and articles on Fijian resorts, and things to do in beautiful Fiji.

The vivid colour images and expertly edited text and design in an online ‘flip book’ format are innovative and forward looking, especially catering for the booming 18-35 year old tourism market segment who carry their iphones and tablets with them all the time and use them to make travel bookings and transmit pictures and stories of surfing, sailing, swimming and other fun activities in Fiji back home to families and friends. In doing so they are helping promote Fiji to a captured market niche.

Through its exceptional innovation, content and design, Explore Fiji ensures that it is making an invaluable and ongoing contribution to the Services and Support of the Tourism industry in Fiji. I fully endorse Explore Fiji for the award AON Fiji Excellence in Tourism Award for Services & Support to Industry.

– Dr. Mike Gosling, Executive Coach, Gold Coast, Australia.

Bainimarama at UN General Assembly 2014

Filed Under: Fiji Unplugged

Bainimarama at UN general assembly 2014Fiji’s Prime Minister Hon. Voreqe Bainimarama met with the UN Secretary General Ban Ki-moon at the United Nations on Friday 26 September, 2014 . The Secretary General warmly congratulated Fiji’s Prime Minister for the successful completion of the recent Fiji general elections, and for Fiji’s people choosing him to lead the nation.

Mr. Ban congratulated Fiji for the free, fair, and democratic manner in which the elections were conducted.

Mr Bainimarama said:

Mr President, Five years ago I stood in this great chamber and promised the global community that my Government would introduce the first genuine democracy in Fiji’s history before the end of September 2014. It is my honor to inform you that with the support of the Fijian people, I have kept that promise and I return here today as the duly elected Prime Minister of the Republic of Fiji … Our vision is to cement our place as a pre-eminent Pacific Island nation, a true regional hub and a beacon of prosperity and progress for our smaller neighbors. And we intend to play a bigger role in the wider world to voice our collective concerns about such issues as the environment, climate change and the need to create a fairer trading system to benefit our people in the Pacific and in all developing countries.

I pledge again that I will govern for the benefit of all our citizens, no matter who they are, where they come from or who they voted for. Mine will be an inclusive Government over the next four years. I will be the leader of all Fijians, for all Fijians. And as we move our beloved nation forward, I am determined to leave no-one behind.
In that spirit, I extend a hand of friendship to my political opponents. Whatever our differences, let us work together constructively in our new Parliament – when it convenes on October 6th – to improve the lives of every Fijian.

See full text of Prime Minister Bainimarama’s address here.

PM Bainimarama at UN General Assembly 2014 – Statement by His Excellency Rear Admiral (Ret) Josaia Bainimarama, Prime Minister of the Republic of Fiji at the general debate of the 69th Session of the General Assembly of the United Nations – 27 September, 2014.

Fijian Election 2014

Filed Under: Fiji Unplugged

Fiji election 2014
FINAL RESULTS FOR THE 2014 GENERAL ELECTION BY PARTY

Fiji conducted a general election on September 17, 2014 – the first since the military coup of December 5, 2006 which brought Prime Minister Frank Bainimarama to power. The Fiji Election 2014 has been a resounding success according to the 92-member international  Multi-national Observer Group – co-led by Australia, Indonesia and India – that monitored the election. The Observer Group was co-led by Former Australian Government Minister and lawyer, Peter Reith.

Fiji election 2014
FINAL RESULTS FOR THE 2014 GENERAL ELECTION BY DIVISION
Fiji Prime Minister Bainimarama
Fijian Prime Minister Frank Bainimarama is sworn in by Fijian President Ratu Epeli Nailatikau.

Prime Minister Josaia Voreqe Bainimarama was sworn into office on Monday September 22, 2014. He took an oath before President Ratu Epeli Nailatikau after his Party, FijiFirst, secured a majority seats in Fiji’s new parliament.

The 50 Members of the Fijian Parliament will include:

  • 32 seats – FijiFirst (FF)
  • 15 seats – Social Liberal Democratic Party (SODELPA), and
  • 3 seats – National Federation Party (NFP).
Ro Teimumu Kepa
Ro Teimumu Kepa, SODELPA

The Leader of the Opposition is Ro Teimumu Kepa of SODELPA. Dr Biman Prasad will head the NFP in parliament. The Fiji Labour Party, People’s Democratic Party, One Fiji Party, Fiji United Freedom Party and two independents failed to win any seats in the 2014 election as they did not meet the minimum threshold of 5% of all votes cast.

Fiji’s new Cabinet Ministers were sworn in on Wednesday September 24, 2014. For a solid review of the Fiji election and its aftermath, read Croz Walsh’s post The Week That Was To: September 26.

Dr Biman Prasad
Dr Biman Prasad, NFP

Fiji was reinstated as a full member of The Commonwealth on September 26, 2014 after a 5 year suspension in 2009, following a decision by the Commonwealth Ministerial Action Group (CMAG) at their 44th meeting in New York, the London-based Commonwealth Secretariat. Fiji’s reinstatement was in recognition of the credible elections held on 17 September 2014 and the assumption of office by a democratically elected government.

Keep holidaying in Fiji for democracy’s sake  >>

Fiji flag
Fiji is reinstated as a full member of The Commonwealth.
Fijian President Ratu Epeli Nailatikau
Fijian President Ratu Epeli Nailatikau’s address to the opening of new Fijian Parliament First Sitting – CLICK ON IMAGE.
Fijian Parliament
The Fijian Parliament sits for the first time in 8 years on October 6, 2014.

Fijian Parliament

Government Buildings Suva Fiji
Government Buildings, Suva, Fiji August 2014, home of Fiji’s Parliament.
(from user Stemoc, Wikimedia Commons Licence)

This song is written and composed by Dharmend Shyam who lives in Auckland New Zealand. It celebrates the victory of Fiji First in the 2014 election as the Victory of Multiracialism in Fiji.

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My name is Mike Gosling. I'm a 4th generation Fijian citizen and publish this blog. I'm an Emotional Intelligence Executive Coach at MikeGosling.com. Karen and I teach couples how to have a happy passionate marriage at Marriagology.com.

In 1997 whilst living in Singapore, I stumbled upon the Internet. That event changed my life and I committed to bringing the Best of Fiji to people worldwide. Read more about the site or contact me.

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