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Dear Leaders, 

We write to urge you and other leaders attending the 40th Leaders' Meeting of the Pacific Islands Forum (PIF) in Cairns from August 5 to 6, 2009, to address the ongoing human rights violations in Fiji.[1] 

At your 2004 meeting, PIF leaders issued a vision statement stating their objective to seek a Pacific region that is respected for its “defense and promotion of human rights." This objective forms part of the good governance pillar of the Pacific Plan that was endorsed by PIF leaders at their 2005 meeting. Using this vision as a basis, we urge PIF leaders to more strongly denounce the ongoing violations of human rights in Fiji and identify solutions to tackle this serious problem. 

We acknowledge that PIF leaders have taken a range of measures over the past two and a half years to try and convince Fiji to return democratic governance in an acceptable time frame. The interim Fiji government ultimately dismissed these efforts, resulting in Fiji’s suspension from the PIF on May 2, 2009. On suspending Fiji, PIF Chair Hon. Toke Talagi, Premier of Niue, said, “A regime which displays such a total disregard for basic human rights, democracy and freedom has no place in the Pacific Islands Forum.” 

Meanwhile, Fiji’s interim government continues to commit numerous grave human rights abuses. Since the December 2006 military coup, there have been four deaths in military or police custody[2] and dozens of people have been arbitrarily detained, sexually assaulted, intimidated, beaten, or subjected to degrading treatment. For more information, please see: https://www.hrw.org/en/news/2007/02/04/letter-interim-prime-minister-voreqe-bainimarama-and-president-ratu-josefa-iloilo-fi. 

Since the interim government’s abrogation of the constitution on April 10, 2009, the interim administration has limited the independence of the judiciary whilst intensifying violations of the rights to freedom of expression, association, and assembly, among others. Security forces have detained journalists, lawyers, and government critics, including the country’s highest chief, for acts of peaceful assembly and free expression. Media is heavily censored. Courts have released military and police officers convicted of crimes prior to completion of their sentences fueling impunity.  For more detail of the post-April 10 situation in Fiji please refer to the attached annex. 

These abuses have continued despite the promise of President Ratu Josefa Iloilovatu Uluivuda, in his April 10, 2009 address to the nation, that basic rights would be protected under the new legal order. In his July 1, 2009 “Strategic Framework for Change” statement, interim Prime Minister Commodore Josaia Voreqe Bainimarama outlined his vision of “adherence to the principles of the rule of law, by putting in place sustainable institutions and laws that will create accountability, transparency, justice, fair play, and modernity…” 

Human Rights Watch urges you to hold Bainimarama to this vision. The people of Fiji cannot wait five years for his vision to be realized and continue to suffer these serious human rights violations. 

We ask that human rights be at the center of your discussions on Fiji at this Forum Leaders’ Meeting. Leaders of the Melanesian Spearhead Group, comprised of the governments of Fiji, Papua New Guinea, Solomon Islands, and Vanuatu, failed to acknowledge these human rights violations when considering the political situation in Fiji at its retreat on July 10, 2009. The Forum Leaders’ Meeting provides an opportunity to remedy this omission. 

Human Rights Watch urges you to resolve that forum leaders will:

  1. Raise the Fiji government’s human rights violations with the Fiji representatives in all formal and informal meetings, and urge the government of Fiji to immediately:
    • Cease harassment of journalists, lawyers, church and community leaders, and human rights defenders;
    • End arbitrary government interference with domestic and foreign media;
    • Cease violating religious freedom through attempting to convert people to Christianity and forcing police officers to participate in Christian worship;
    • Revoke the Public Emergency Regulations 2009; and
    • Return to basic compliance with the rule of law, including the constitution of Fiji.
  2. Remind the Fiji government that even under a state of emergency a government must protect and uphold fundamental human rights.
  3. Continue to urge the Fiji government to implement a speedy return to democracy, which means at minimum encouraging the Fiji government to take immediate steps toward holding credible elections.
  4. When the above recommendations have been implemented, articulate a strategy for the progressive removal of sanctions by member countries and inclusion of the Fiji government in PIF activities.

 We welcome any opportunity to discuss these matters with you further. 

Yours sincerely, 

Brad Adams

Asia Director  

Cc:

1.  Pacific Island Forum Leaders

2.  Commodore Josaia Voreqe Bainimarama,Commander of the Republic of Fiji Military Forces

3.  Mr. Tuiloma Neroni Slade
Secretary General, Pacific Islands Forum (PIF) Secretariat
 


Annex: Human rights abuses in Fiji since April 10, 2009 

Impunity

The Public Emergency Regulations 2009, decreed on April 10 and extended every 30 days thereafter, grant absolute immunity to the security forces for physical abuses or killings they commit. The regulations purport to empower security forces to prohibit processions and meetings, to use such force as considered necessary, including use of arms, to enter and remain in any building where there is reason to believe three or more people are meeting, and to regulate the use of any public place of three or more persons. It further provides for the detention of suspects for up to seven days without charge. Regulation 3(3) provides:

[n]o police officer nor any member of the Armed Forces nor any person acting in aid of such police officer or member using such force shall be liable in criminal or civil proceedings for having by the use of such force caused harm or death to any person. The wide-ranging powers and immunity provided in these regulations contribute to impunity for members of the security forces. 

In addition, the Fiji government’s disregard for the rule of law is illustrated by the release of eight soldiers and one policeman convicted of manslaughter for the February 2007 death of 19-year-old Sakiusa Rabaka, and of the military officer convicted of manslaughter for the January 2007 death of Nimilote Verebasaga, despite all of them having been sentenced to prison terms. In May the acting Minister for Justice directed that the men be released from prison under compulsory supervision orders, less than two months after those responsible for Rabaka’s death were sentenced to four years imprisonment and one month after Maika Vuniwawa was sentenced to three years imprisonment for Verebasaga’s death, fueling a climate of impunity.

­Freedom of expression

The Public Security Regulations 2009 severely limit the rights of liberty, free speech, freedom of expression and assembly. The Fiji authorities have not produced any justification as to why such drastic measures are needed. The Fiji government is habitually violating rights to freedom of expression, association, and assembly, by arresting people and detaining people under the regulations. 

Most recently, at around midnight on July 21, an estimated 16 uniformed soldiers arrested Ro Teimumu Kepa, Fiji’s highest-ranking chief, from her home. Over the following two days, security forces kept her in military and police detention and questioned her, before charging her with violating the Public Emergency Regulations on July 23 for publishing a letter on the internet.   

From July 22 - 28, security forces have arrested and detained at least ten Methodist Church leaders in a number of separate incidents for trying to hold a Methodist Church annual conference. Four of them were later charged with contravening the Public Order Act and breaching the Public Emergency Regulations.[3] 

The arbitrary enforcement of restrictions on gatherings and meetings, provided for in the regulations, compromises the work of nongovernmental organizations, religious groups, and other civil society organizations. The interim administration has routinely denied organizations meeting permits required under the Public Emergency Regulations;[4] demanded that meeting or conference agendas be altered before such permits are granted;[5] and arrested persons for meeting without a permit.[6]  

Ministry of Information officers who took over newsrooms, accompanied by police officers following the April 10 abrogation of the Constitution, remain in control – censoring broadcast and print publications.[7] The Ministry of Information and police have summoned editors, publishers, and journalists to explain or justify stories. For instance, on May 9, police arrested and detained Shelvin Chand and Dionisia Turagabeci for two days for reporting, on Fijilive, an online news service, the release of eight soldiers and a police officer convicted of manslaughter. 

Freedom of religion

The Fiji government continues to violate the right to religious freedom through the police force’s attempt to convert people to Christianity through “Christian crusades” and forcing police officers, regardless of their religion, to participate in these crusades and worship activities. This is contrary to Bainimarama’s pronounced commitment to remove discrimination. Following negative media about the crusades, on February 17 acting Police Commissioner Esala Teleni met with senior Indo-Fijian police officers, accused them of being “cowards” for apparently highlighting discrimination faced by virtue of the crusades with the media, and threatened to kick them out of the force. On June 11, Police Spokeswoman Ema Mua advised that a nationwide crusade had begun. Commissioner Teleni confirmed this, stating, “The only strategy in the Police Force is the Jesus strategy.” Ms Mua has confirmed that it is compulsory for police officers to attend church crusades scheduled at their individual stations. 

Independence of the judiciary

Following the December 5, 2006 coup, and particularly following the removal of all judicial officers from office on April 10, 2009, Fiji’s interim administration has failed to uphold the rule of law and encroached on the independence of the judiciary. For more information, please see https://www.hrw.org/en/news/2009/05/05/human-rights-watch-letter-president-ratu-josefa-iloilo. 

The interim administration has declared its intention to create a new legal order in the country. It has worked toward this goal by reconstituting courts and commissions, intervening in the licensing of lawyers, and legislating to prohibit legal challenge of its acts. The separation of executive and judicial powers has been further compromised by the announcement that the President of Fiji’s replacement, upon his imminent retirement, will be appointed by the Chief Justice, on the advice of Cabinet. 

The Fiji government has failed to respect the independence of lawyers, and police have directly harassed lawyers. On April 14, police detained Dorsami Naidu, the President of the Fiji Law Society, after Naidu attempted to enter the Lautoka High Court Building with fellow lawyers and High Court Judge Gwen Phillips to deal with cases as usual. Naidu was released the next day. On May 20, police questioned lawyers Richard Naidu, Jon Apted, and Tevita Fa concerning alleged involvement in writing blogs. The lawyers’ computers were seized and computer files were copied. The three lawyers were released later that day.     



[1]Human Rights Watch has previously written directly to President Ratu Iloilo on two occasions raising these concerns. See: https://www.hrw.org/en/news/2007/02/04/letter-interim-prime-minister-voreqe-bainimarama-and-president-ratu-josefa-iloilo-fi and https://www.hrw.org/en/news/2009/05/05/human-rights-watch-letter-president-ratu-josefa-iloilo. Human Rights Watch is yet to receive a response. 
[2]At least ten police officers reportedly beat Josefa Baleiloa with stones and pieces of timber in public; Mr. Baleiloa died on September 16, 2008, after being in a coma for over a month. Tevita Malasebe died as a result of repeated assault while in police custody in June 2007. Two police officers have been convicted of his murder, and a third of being an accessory after the fact. Sakiusa Rabaka died after being beaten at a military camp by police and army officers in February 2007; eight military officers and a police officer have been convicted of manslaughter. Nimilote Verebasaga was taken from his home in the middle of the night on January 5, 2006, and died after being severely beaten by military personnel; a military officer has been convicted of manslaughter.
[3] Security forces have arrested, questioned, and/or detained Methodist Church President Reverend Ame Tugaue, Reverends Tuikilakila Waqairatu, Manasa Lasaro, Tomasi Kanailagi, Apete Koto, Kalivati Ravoka, and William Lucas, church accountant Viliame Gonelevu, Ratu Inoke Seniloli, treasurer Livai Tuisagavere and Sakaraia Koli.
[4] On May 16, the police reportedly revoked the National Farmers Union permit to meet in Lautoka for its annual general meeting. On May 23, police arrested Surendar Lal, an executive of the National Farmers Union, for allegedly defying the cancellation of the permit; detaining him for almost 24 hours before releasing him without charge. On May 30, the police and military announced in a joint statement that they had cancelled the Methodist Church’s August conference.
[5] The Ministry of Information reportedly granted the Fiji Institute of Accountants a permit for a congress on the condition that they remove Professor Brij Lal and lawyer Graham Leung from the program. The Ministry asked organizers to submit presentations to the Police Commissioner in advance of the congress. The government heavily censored the Pacific Youth Festival, held in Suva from July 11-18. 
[6] On July 14 Nadi police reportedly arrested 14 Freemason members who were holding their regular meeting at Denarau, detaining them overnight before releasing them with a warning.
[7] The Public Emergency Regulations 2009 empower the Permanent Secretary for Information to prohibit the broadcast or publication of any material the secretary believes may result in a breach of the peace, or promote disaffection or public alarm or undermine the government. On May 12, 2009, the Ministry of Information ordered radio and online editors to email their news scripts to the Ministry, before going to air: Letter from Permanent Secretary for Information to online editors and radio news directors, dated May 12, 2009.  Available at: http://www.mediafire.com/?yzmzyemgmyz.

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