Amnesty International Report 2015/16 - Fiji

Republic of Fiji
Head of state: Jioji Konousi Konrote (replaced Ratu Epeli Nailatikau in November)
Head of government: Josaia Voreqe Bainimarama

Fiji became the 100th abolitionist country when it abolished the death penalty for all crimes. A review of a decree which has curtailed workers' rights since 2011 was announced but had not been completed by the end of the year. The prosecution of the 2012 torture case of prisoner Iowane Benedito began. Freedom of expression remained restricted by a range of national laws, including the Media Industry Development Decree 2010.[1]

INTERNATIONAL SCRUTINY

In March, following its examination under the UPR, Fiji accepted numerous recommendations by the UN Human Rights Council, in particular to issue a standing invitation to the UN Special Procedures. At the same session, however, Fiji failed to accept recommendations to amend national legislation to ensure guarantees of the rights to freedom of expression, association and peaceful assembly in line with international human rights law.

FREEDOM OF EXPRESSION

Freedom of expression remained restricted by a range of national laws, including the Media Industry Development Decree 2010. Despite a small amendment to the Decree in July 2015 which decreased fines on individual journalists for reporting certain news, heavy fines remained in place for publishers and editors. After the amendment no further fines were imposed on publishers and editors during the year.

WORKERS' RIGHTS

In March the government announced a review of the Essential National Industries (Employment) Decree 2011 which severely restricts collective bargaining rights, the right to strike and the right to form and join trade unions in certain sectors. The proposed amendment to the Decree would need to meet international labour standards, including compliance with ILO treaties ratified by Fiji, as recommended in the review.

Despite protests by union members, the announcement of the review led to the ILO deferring a Commission of Inquiry on the basis that there would be a joint implementation report delivered to the ILO governing body meeting by the government, the Employer's Federation and the Fiji Islands Council of Trade Unions. The joint implementation report was not agreed to by all parties and in November the ILO decided to initiate a mission to Fiji to determine obstacles to progress.

Despite strong opposition the government passed the Employment Relations Amendment Act in July. Trade union organizations and opposition parties claimed that the Act contravened ILO core conventions.

ARBITRARY ARRESTS AND DETENTIONS

Between July and December, 76 people were arrested on sedition and related charges related to acts in August 2014. Various concerns were raised by the defendants' lawyers regarding the lack of disclosure of information leading to the arrests; prolonged detention periods before bringing them in front of a court; the denial of access to lawyers and family visits; and harsh prison conditions.

TORTURE AND OTHER ILL-TREATMENT

Extensive immunities under the Constitution continued to make it almost impossible to hold state actors accountable for serious human rights violations such as torture and other ill-treatment. In October court proceedings began in the case of police and military officers accused of torturing escaped prisoner Iowane Benedito in 2012. However, the authorities failed to launch investigations into many past cases of torture and other ill-treatment. Fiji had still not ratified the UN Convention against Torture.

[1] Fiji: Amnesty International welcomes the government's efforts to recognize economic and social rights, but regrets the rejection of recommendations on freedom of expression, assembly and association (ASA 18/1257/2015)