Fiji - Country of Concern: latest update, 31 March 2014
Updated 21 January 2015
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In the last three months progress on democracy has continued. Several key milestones were passed, notably: appointment of the Electoral Commission; the Prime Minister stepping down as commander of the armed forces; release of electoral law; and a date set for elections. This progress has been recognised by the UK and international partners. However, some instances of police brutality have been reported. Freedom of expression and workers’ rights also remain a concern.
In January, an independent Electoral Commission was appointed. It is chaired by lawyer Chen Bunn Young. Six prominent Fijians from a range of professions will serve as fellow Commissioners. The Commission has begun recruiting for key roles in the Elections Office. The Acting Permanent Secretary for Justice, Mohammed Saneem, has been appointed to the position of Supervisor of Elections. He has resigned from the judiciary to take up the new role. As a relative of the Attorney General, questions remain about his independence. Saneem will be supported by an Australian Deputy Supervisor of Elections, Michael Clancy. In March, the Prime Minister formally handed over command of the armed forces, to allow him to contest elections as a civilian. He has announced an intention to form and register a political party called “Fiji First”, in April. The new Commander, Brigadier General Mosese Tikoitoga, has said the military will have no role in the elections.
In late March, the electoral law was released, setting the rules for the administration and conduct of elections. Polling will take place on 17 September, which has been declared a public holiday.
The Electoral Decree contains some concerning elements. In particular it prohibits any organisation that receives funding from a foreign government or multilateral organisation from conducting or participating in any campaign relating to the election. Breaches can result in fines of up to FJD $50,000 (approximately £16,000) or a maximum ten-year prison sentence. It is unclear what the implications will be for the civic education drive, which is largely funded by international donors, including the UK. But the Electoral Commission and leading NGOs themselves believe that there is sufficient discretion within the decree to enable them to continue to work effectively.
Acknowledging recent progress, the Commonwealth Ministerial Action Group (CMAG) agreed to relax Fiji’s suspension from the Commonwealth. Although still suspended from the councils of the Commonwealth, Fiji is once again able to participate in other activities, including this year’s Commonwealth games in Glasgow.
On 31 March, Australia and New Zealand formally lifted all travel sanctions against Fiji, recognising progress towards elections. Australia is looking favourably upon an invitation from the government of Fiji to send election observers.
Minister for the Pacific, Hugo Swire, welcomed recent developments in a statement emphasising the importance of the Electoral Commission’s independence and the ability of political parties to campaign without hindrance.
Press freedom remains limited. Fiji ranked 107th out of 180 in the 2014 World Press Freedom Index, published in February (up from 120th in 2013).
In recent months, coverage of the political process has increased, with some reflection of the views of political parties and civil society groups. But the national media remains biased towards the government and Prime Minister as he campaigns for election. Plans for the establishment of an independent Media Monitoring Unit have been announced by the government-led Media Industry Development Authority (MIDA), to help achieve more balanced reporting. The government has also indicated that Freedom of Information legislation will be passed later this year. Beyond the traditional media, online fora and social media have provided space for a more open public debate.
The Acting Police Commissioner has promised investigations into two recent allegations of the mistreatment of detainees by police officers.
The International Labour Organisation (ILO) Governing Body discussed Fiji during its 320th session in March. It urged the government of Fiji to accept an ILO direct contacts mission to examine outstanding allegations of workers’ rights abuses, including restrictions on freedom of association and the right to organise. A previous mission was expelled from Fiji in 2012. A Commission of Inquiry (COI) will be appointed if the mission does go ahead, in time to report to the next Governing Body meeting in November. A COI was proposed in 2013 by international trade union bodies and has been supported by human rights groups, including Amnesty International and Human Rights Watch.