A secret fact-finding mission to
Fiji has found citizens have no
legal way of
challenging any of
the Government's decisions, and the
rule of law and
independence of the judiciary has all but vanished.
A return to the rule of law is hamstrung by the benefits members of the
ruling regime enjoy, and by state-sanctioned intimidation of dissenters.
In November members of the Law Society of England and Wales visited Fiji on
an undercover mission and interviewed past and present lawyers, judges,
diplomats and people in non-government organisations.
Their report Fiji: The Rule of Law Lost found a system of governing that was
not "transparent, certain, predictable, accountable or democratic".
Foreign Minister Murray McCully said the report was "not very encouraging"
but pointed to steps Fiji was taking towards holding elections.
These included a commitment to a public consultation process and a voter
registration programme.
"This is a pivotal point in time," he said. "The acid test in the eyes of the
international community would be what steps take place now, both in terms of
freedom of assembly and media freedom, but also in terms of the public
consultation process and whether it will engage all stakeholders.
Mr McCully said the jury was out and he wanted to keep an open mind.
Fiji has been under military rule since 2006, when Frank Bainimarama seized
power. He has promised elections in 2014.
The report found that judges and prosecutors had been fired without reason,
the state had censored the media and the regime abused its power to intimidate
its critics.
"The judges dismissed in April 2009 were given no reasons, no notice and no
compensation for loss of office," the report said. "It is apparent that their
sin was to comply with their oath of office and to act independently rather than
any misconduct. It is difficult to conceive of a more obvious attack on judicial
independence."
Many of the state's prosecutors were also replaced with lawyers from Sri
Lanka on short-term contracts, the report said.
The report called all national law societies and bars to lobby governments to
press for measures to be taken by the Fiji Government to ensure a return to the
rule of law.
Labour's foreign affairs spokesman Phil Goff said the report was damning, but
he did not think harsher sanctions on Fiji were the answer.
Economic sanctions hurt ordinary people without necessarily having the
desired impact on the regime.
INTIMIDATION
* Dorsami Naidu, president of the Fiji Law Society and vocal
critic of the Government, was detained by police for 24 hours after protesting
peacefully outside a High Court building.
* Hemendra Nagin,
a lawyer who led a petition against the forcible removal of the Chief Justice in
2007, was fined $15,000 for professional misconduct.
* Human
rights lawyer Imrana Jalal was charged under a decree that did not come into
force until two months after she was charged. She was eventually acquitted, but
lives in exile.
* Graffiti artists have been charged with
sedition.
US
authorities file paper for 
