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Fiji 2005
D.O.S. Country Report
on Human Rights Practices
PARDS Report-Specific Source
and Reliability Assessment
Fiji
Country Reports on Human Rights Practices - 2005
Bureau of Democracy, Human Rights, and Labor
U.S. Department of State
Washington, D.C. 20520
March 8, 2006
[1] Fiji is a constitutional republic with a population of approximately 850 thousand.a There is an elected president, prime minister, and parliament. Following the attempted civilian coup d'etat in 2000 that eventually resulted in the removal of the lawfully elected government, free and fair multiparty elections were held in 2001, and the political situation improved.b Laisenia Qarase of the Sogosogo Duavata ni Lewenivanua (SDL) party became prime minister in September 2001.c While the civilian authorities generally maintained effective control of the security forces, the military voiced public opposition to amnesty provisions of a government-proposed reconciliation and unity bill and threatened to stop the government from functioning if the bill became law and was implemented. d
[2] The government generally respected the human rights of its citizens;a however, there were serious problems in some areas.b Deep divisions between indigenous Fijians (54 percent of the population) and Indo-Fijians (38 percent) continued to influence all aspects of the nation's politics.c Ongoing reform of the police resulted in fewer complaints of police abuse during the year.d The following human rights problems were reported:
· poor prison conditions, including serious overcrowding e
· increased attacks against religious facilities, particularly Hindu temples f
· government corruption g
· violence and discrimination against women h
· increased commercial sexual exploitation of children i
· discrimination against persons with disabilities and ethnic minorities j
· employer intimidation of union organizers and workers k
RESPECT FOR HUMAN RIGHTS
Section 1: Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary or Unlawful Deprivation of Life
[3] There were no reports that the government or its agents committed arbitrary or unlawful killings. a
b. Disappearance
[4] There were no reports of politically motivated disappearances. a
c. Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment
[5] The law prohibits such practices; however, there were some reports of abuses by police.a The number of complaints to the Fiji Human Rights Commission for violation of the right to freedom from cruel and degrading treatment and torture declined significantly over the previous three years.b Reported incidents of beatings and other abuse of apprehended persons and prisoners were investigated and, when appropriate, offending officers were prosecuted and jailed.c All such cases appeared to be isolated incidents, not condoned by supervisory officers.d A case in which police officers failed to obtain prompt medical treatment for a suspect severely injured during apprehension was under investigation at year's end. e
[6] The police internal affairs unit is required to investigate complaints of police brutality.a The law permits corporal punishment as a penalty for criminal acts;b however, in 2002 the Court of Appeal ruled that corporal punishment in the penal system was unconstitutional.c In May a magistrate's court sentenced a man to five strokes with a cane, but the punishment was not carried out.d The Human Rights Commission conducted periodic training courses for police, prison officers, and military personnel, using a new human rights manual based on international standards. e
Prison and Detention Center Conditions
[7] Prison conditions did not meet international standards.a The prison system was seriously underfunded, with deteriorating infrastructure and poor delivery of essential services.b Courts released prisoners, including some facing serious charges, on bail to minimize their exposure to an unhealthy and overcrowded prison environment.c The national prison system had insufficient beds, inadequate sanitation, and a shortage of basic necessities.d In some cases pretrial detainees and convicted prisoners were held together.e
[8] During the year the International Committee for the Red Cross (ICRC) visited 8 detention facilities and interviewed more than 80 detainees.a Family members were routinely permitted to visit prisoners. b
d. Arbitrary Arrest or Detention
[9] The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions. a
Role of the Police and Security Apparatus
[10] The Ministry of Home Affairs oversees the Fiji Police Force, which is responsible for law enforcement and the maintenance of internal security.a The police maintain a network of 32 stations and 95 police posts throughout the country.b Policing of more remote and smaller islands is done through regularly scheduled visits.c The government continued a program initiated in 2003 to improve policing standards and combat corruption.d Allegations of corruption, once rampant in the police force, were investigated, and disciplinary and criminal cases initiated.e Some officers were removed from the force.f However, although there were improvements, corruption remained a problem. g
Arrest and Detention
[11] Police officers may arrest persons without a warrant for violations of the penal code.a Police also arrest persons in response to warrants issued by magistrates and judges.b Arrested persons must be brought before a court without "undue delay," normally interpreted to mean within 24 hours, with 48 hours as the exception.c Detainees have the right to a judicial review of the grounds for their arrest.d Unlike in 2004, there were no claims of incommunicado or arbitrary detention.e There was a well-functioning bail system. f
[12] The Legal Aid Commission provided counsel to some indigent defendants in criminal cases, a service supplemented by voluntary services from private attorneys. a
[13] There were no reports of political detainees. a
[14] The courts had a significant backlog of cases, and processing was slowed by, among other things, a shortage of prosecutors and judges.a As a result some defendants faced lengthy pretrial detention. b
e. Denial of Fair Public Trial
[15] The law provides for an independent judiciary, and the government generally respected this provision in practice.a However, there were allegations that some judges held biases stemming from events surrounding the 2000 coup. b
[16] The country's judicial structure is patterned on the British system.a The principal courts are the magistrates' courts, the High Court, the Court of Appeal, and the Supreme Court.b In addition to its jurisdiction in civil and criminal cases, the High Court has special-interest jurisdiction on behalf of the public and is empowered to review alleged violations of individual rights. c
[17] Except for the Family Court, there are no special civilian courts.a Military courts try members of the armed forces, and there is an internal police tribunal mechanism. b
Trial Procedures
[18] The law provides for the right to a fair trial, and an independent judiciary generally enforced this right.a Defendants have the right to a public trial and to counsel.b The Legal Aid Commission, supplemented by voluntary services of private attorneys, provided free counsel to some indigent defendants in criminal cases.c Most cases were heard in the magistrates' courts, but a case cannot be tried in a magistrate's court without the defendant's consent.d Absent such consent cases are tried in the High Court.e Trials in the High Court provide for the presence of assessors, typically three, who are similar to jurors but only advise the presiding judge.f Magistrates are not authorized to impose prison sentences longer than 10 years.g Magistrates' courts' sentences in most domestic and family law cases were relatively light.h Defendants enjoy a presumption of innocence and can question witnesses, present evidence on their own behalf, and access government-held evidence relevant to their case.i The right of appeal exists but often was hampered by delays in the process. j
[19] Although the majority of the key participants in the 2000 coup have been charged and tried, several investigations continued during the year.a At year's end approximately 200 defendants were still awaiting trial on coup-related charges. b
[20] The military court system provides for the same basic rights as the civilian court system, although bail is granted less frequently in the military system.a In August the Court of Appeal set aside the convictions of 20 former soldiers involved in the November 2000 mutiny at the military forces headquarters and ordered a retrial.b The defendants had argued that delays in their arrest and trial was a violation of their constitutional rights, and that their court martial was not properly constituted.c In December the High Court granted bail to 9 of the 20 defendants pending trial in January 2006.d The court cited delays in their retrial resulting from a delay in the government's appointment of a new judge advocate. e
Political Prisoners
[21] There were no reports of political prisoners. a
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
[22] The law prohibits such actions, and the government generally respected these prohibitions in practice. a
Section 2: Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
[23] The law provides for freedom of speech and of the press, and the government generally respected these rights in practice. a
[24] Unlike in previous years, the Media Council's Complaints Committee, a private watchdog group of media and academic figures, received no complaints regarding government pressure on, or interference with, the media. a
[25] Legislation pertaining to the press is contained in the Newspaper Registration Act and Press Correction Act.a Under these acts all newspapers must register with the government before they can publish.b The acts give the minister of information sole discretionary power to order a newspaper to publish a "correcting statement" if, in the minister's view, a false or distorted article was published.c A newspaper refusing to publish the minister's correction can be sued in court and, if found guilty, fined.d Individuals in such cases can be fined, imprisoned for six months, or both.e These acts authorize the government to arrest any person who publishes "malicious" material.f This would include anything the government considered false that could create or foster public alarm or result in "detriment" to the public.g However, this authority has never been used. h
[26] The independent media were active and expressed a wide variety of views without restriction, printed in English, Fijian, and Hindi.a The country's television news production was owned and operated by Fiji One, one of two national noncable television stations.b A trust operating on behalf of the provincial governments owned 51 percent of Fiji One; the remainder was privately held.c The government owned the Fiji Broadcasting Corporation, which operated four radio stations.d The government also had shares in two daily newspapers, the Daily Post and the Fiji Sun.e The government briefly directed government advertising exclusively to the Daily Post but dropped this policy under criticism from other newspapers.f There were several thriving independent radio stations broadcasting in English, Fijian, and Hindi. g
[27] The 1992 Television Decree permits the government to influence programming content.a There was no attempt to use the programming authority during the year. b
[28] Academic freedom was generally respected; however, government work‑permit stipulations and University of the South Pacific contract regulations effectively deterred most university employees from participating in domestic politics.a There were no government restrictions on the Internet. b
b. Freedom of Peaceful Assembly and Association
[29] The law provides for freedom of assembly and association, and the government generally respected these rights in practice.a Although civic organizations frequently were granted permits to assemble, permits for some political demonstrations and marches were denied. b
c. Freedom of Religion
[30] The law provides for freedom of religion, and the government generally respected this right in practice.a The majority of citizens (52 percent) are Christian and government-sponsored meetings and events often begin with a Christian prayer. b
[31] In December the government denied an entry visa to the Reverend Sun Myung Moon, head of the Unification Church, stating that Reverend Moon's teachings were considered "misleading, repugnant, and divisive." a
Societal Abuses and Discrimination
[32] Racial polarization was reflected in religious differences, which were largely along ethnic lines;a this sometimes contributed to political problems. Most ethnic Fijians were Christians, and most Indo‑Fijians were Hindu, with a sizable minority of Muslims.b The dominant Methodist Church has closely allied itself with the interests of the pro-indigenous Fijian movement. c
[33] Break-ins, vandalism, attempted arson, and thefts directed at houses of worship, predominantly Hindu temples, continued to increase.a The attacks were broadly viewed as reflections of intercommunal strife. b
[34] There was no known Jewish community, and there were no reports of anti-Semitic acts. a
[35] For a more detailed discussion, see the 2005 International Religious Freedom Report. a
d. Freedom of Movement within the Country, Foreign Travel, Emigration, and Repatriation
[36] The law provides for these rights, and the government generally respected them in practice. a
[37] The law prohibits forced exile, and the government did not practice it. a
Protection of Refugees
[38] The law includes provisions for providing refugee and asylum status in accordance with the 1951 UN Convention relating to the Status of Refugees and its 1967 protocol.a At year's end the government was in the process of establishing a system for providing protection to refugees.b In practice the government provided protection against refoulement, the forced return of persons to a country where they feared persecution.c The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in assisting refugees.d The government received no applications for refugee status or asylum during the year. e
Section 3: Respect for Political Rights: The Right of Citizens to Change their Government
[39] The law provides citizens the right to change their government peacefully, and citizens exercised this right in practice through periodic, free, and fair elections held on the basis of universal suffrage. a
Elections and Political Participation
[40] The most recent elections, held in 2001, were judged generally free and fair.a Party politics was largely race based, although this did not limit participation in the political process.b The governing SDL party was primarily ethnic Fijian and the opposition Fiji Labor Party was primarily Indo-Fijian, although both parties had membership across racial lines. c