Human Rights in Fiji-A ‘Clean Up Campaign’ For Whom?

On 5 December 2006, Commodore Bainimarama, the Commander of the Republic of Fiji Military Forces (RFMF) staged a military takeover of the Qarase-led multi-party Government claiming to invoke the ‘Doctrine of Necessity’. In an extraordinary move he went to great lengths to cite legal precedent to justify his actions, stating that it was a justifiable coup to conduct a ‘clean-up campaign’ to eliminate corruption and racism in government. A Declaration of a State of Emergency was proclaimed by the self appointed President Bainimarama arguing that it was to ensure that the military achieve the objectives of its campaign. The military claimed that the state of emergency meant that certain fundamental rights and freedoms were suspended. It warned the public not to interfere or criticise the military in any way. There were no specific Decrees issued by the military stating which rights were being suspended.

On 4 January 2007, after handing back executive authority to President Ratu Josefa Iloilo, Bainimarama was appointed Interim Prime Minister. His cabinet was sworn in and included a number of unsuccessful candidates from previous elections and a few members of the deposed multi-party cabinet. Bainimarama continued to hold the position of Commander. He subsequently removed the Chief Justice, D V Fatiaki, and appointed as Acting Chief Justice, Justice Anthony Gates. He also removed from office virtually all civil service heads of departments and heads of Government-owned corporations, including members of Boards who objected to his rule. Only those who agree with the Military have been appointed to powerful positions in Government and on Boards of institutions.

Since the takeover, a growing number of civilians have been illegally detained by the military. Most have been taken to the Queen Elizabeth Barracks (the military camp) and subjected to acts of humiliation, assaults and torture1. The military has maintained that this is necessary to eliminate any opposition to its regime to allow for its ‘clean-up campaign’ to run smoothly.

Those who have been assaulted and detained fall into two broad categories. The first is made up of those who have been openly critical of the military. This group includes prominent people like Qarase and members of his political party2, unionists, and human rights and pro-democracy advocates. Women appear to have been subjected to particular indignities, including being threatened with rape. The detentions of human rights activists appear to have ceased since the end of March 2007 because of the media attention they attract.

In the early hours of the morning on Christmas Day, 2006, a day reserved for celebration and reflection in this majority Christian community and others in Fiji, six pro-democracy supporters who had been vocal against the takeover were subjected to humiliation, assaults (physical, verbal and mental) and degrading treatment by officers at the military barracks in Suva. They had been illegally arrested a few hours before midnight from their homes. In one instance the female complainant was hauled away in front of her three crying children. All complainants had guns cocked at their head with threats of death.

The second group of those being unlawfully detained is made up of those who have been suspected or accused of committing crimes or misdemeanors or being critical of soldiers. Accusations are being made by various complainants including, neighbours, by-standers, other witnesses or random soldiers who are guarding military checkpoints or patrolling the streets in army trucks. The vast majority of accusations falling into this category are opportunistic and unsubstantiated; and many are ‘grudge complaints’. Some examples include the abuse of a group of young men returning from a night out. They were assaulted because their taxi driver complained to the soldiers at a military checkpoint that the men were joking about the soldiers. Neighbours or former associates have made accusations against each other about perceived or real harassment, noisy merry making, stone throwing, drunk and disorderly behaviour etc, which the military has responded to by arresting people and assaulting them.

The blogspot Vakaivosavosa, allegedly run by a female University academic has been removed from the web ‘voluntarily’. The blogspot was critical of the coup, the military and those supporting the regime. The owners of Fiji Village website have ‘voluntarily’ removed the Forum discussion pages from the website. There were complaints against the website by the military. Most media organisations are practicing self-censorship as many journalists have been personally threatened and intimidated by the military.

A significantly notable trend of the complaints in this group is that the majority of complaints are being made by Indo-Fijians against indigenous Fijians, and the vast majority of detainees are indigenous Fijians. Anecdotal evidence from doctors at hospitals appears to corroborate this. Racial politics is a consistent feature of the Fijian political landscape and is being exploited on a daily basis. This trend will contribute to further polarisation of the two major races.

Two people have been killed during military detention. In both cases the military has denied responsibility for the deaths but admit the deceased were in military custody. The Military has openly admitted that 1,193 people have been ‘disciplined’ at the military barracks for speaking out against the military. The military appointed Attorney General, Aiyaz Khaiyum, has said that rights in the Constitution have been limited by the State of Emergency that purportedly exists in the country.

On 17 January 2007, a Presidential Decree was promulgated by the Interim Government granting criminal and civil immunity to members of the RFMF for all actions including the killing of those arrested or detained, during the duration of the State of Emergency. It allows any member of the RFMF, including the members of the Territorial Forces to execute any order during the duration of the State of Emergency. This Decree widens the growing power of the military to do whatever it wants without accountability and heightens the fear of civilians that human rights violations will continue with impunity.

The Bill of Rights, in Fiji’s Constitution of 1997 protects fundamental rights and freedoms including freedom from cruel, inhuman & degrading treatment, unreasonable arrest and detention, unreasonable searches, freedom of speech and movement, and the right to non-discrimination. These provisions bind all the three arms of the state at all levels including the military. Section 43 (2) also enables the courts to apply international human rights laws without ratification. The Courts in Fiji have used s.43 to apply UN Conventions in several instances so the international human rights obligations of the State have been kept in check and promoted by the judiciary.

In an extraordinary turn-around the Director of the Fiji Human Rights Commission (FHRC) has also openly supported the military’s takeover and the latter’s stand in the limitation of human rights due to the purported existence of a State of Emergency.4 The Director, Shaista Shameem, published a report on 4 January 2007 (the same day Bainimarama appointed himself Prime Minister) essentially justifying the coup. Amongst the grounds stated as justification was that the Qarase government had been unlawfully elected both in 2001 and 2006 and was guilty of grave violations of human rights. She stated also that that the elections had been rigged, that the Government was guilty of racism against Indian Fijians, was corrupt and was attempting to pass into law three pieces of unconstitutional legislation. The only lawfully remaining Commissioner, Shamima Ali, has publicly disassociated herself from the Report.

The vast majority of citizens whose rights have been violated have not complained to the Commission because its independence has been seriously compromised and they fear further victimisation if they complain to it. As a result of its stand the FHRC has been suspended by the International Co-ordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Rights limiting its ability to work with UN bodies. The Commission was about to be investigated by the Asia Pacific Forum for National Human Rights Institutions which it chaired until its recent resignation, removing the necessity for the investigation.

There are daily violations of constitutionally guaranteed rights –freedom of speech, cruel or degrading treatment and unlawful arrests or detention. These violations continue and citizens are fearful of speaking out. On 5 April 2007 the Emergency regulations suspending human rights under the unlawful State of Emergency have been extended to the end of May 2007. The granting of immunity to the armed forces for all actions including causing death means that the future for the rule of law in Fiji is bleak.