Statement 78 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

Human Rights Council Universal Periodic Review Working Group

Statement on Fiji

by Miranda Brown, Deputy Permanent Representative

11 February 2010

Australia welcomes the delegation from Fiji and appreciates its engagement in the Universal Periodic Review Process.

Australia strongly condemns the widespread human rights abuses that have occurred under the Fiji military regime since the December 2006 coup. The situation in Fiji has deteriorated since the purported abrogation of Fiji’s Constitution and imposition of Public Emergency Regulations.

We are deeply concerned that Fiji is ruled by administrative fiat and by an unelected and unlawful interim government headed by the Commander of Fiji’s military. The regime has declared it will not reinstate a constitution until 2013 and will not hold elections for another four years. This is an unnecessarily long delay and it denies the people of Fiji legal protection of their human rights.

Australia is concerned by the extent to which the rule of law and independence of the judiciary has been undermined. Under its post-abrogation decrees, the regime revoked all judicial appointments and granted the interim President sole power to appoint and remove judges. The regime also prohibited the courts from hearing cases challenging the abrogation of the Constitution or decrees and decisions made by the interim government. The regime has sought to place itself above the rule of law.

The regime continues to censor the media and harass journalists. Recent incidents of intimidation and persecution of critics of the Fiji interim government - including of church leaders, human rights activists, lawyers and judges - have further demonstrated the regime’s total disregard for human rights.

Australia recommends the Fiji interim government:

1. Ensure human rights are afforded full legal and constitutional protection in Fiji;

2. Lift the Public Emergency Regulations and restore an environment in which all of Fiji’s citizens can meet freely and can express political opinions without fear or retribution;

3. Immediately cease its interference in the judiciary, and ensure judges are appointed and dismissed by an open and transparent process; and

4. Take immediate, clear and credible steps to return Fiji to democracy and the rule of law, including through a broad based and genuine dialogue between the key political parties in Fiji, and in line with calls by the UN Security Council. This will enable Fiji to again fully participate in the international community, including the Pacific Islands Forum and the Commonwealth.