Freedom in the World 2016 - Fiji

Freedom Status: Partly Free
Aggregate Score: 62
Freedom Rating: 3.0
Political Rights: 3
Civil Liberties: 3

Ratings Change:

Fiji's civil liberties rating improved from 4 to 3 due to a decline in reports of harassment or restrictions on the activities of domestic and international nongovernmental organizations.

Quick Facts

Capital: Suva
Population: 867,000
GDP/capita: $4,546.20
Press Freedom Status: Partly Free
Net Freedom Status: N/A

OVERVIEW

In 2015, Fiji continued to make progress following free and fair democratic elections in November 2014 that brought an end to nearly eight years of military rule, though some complaints about the elected government persist. While the new administration, led by Prime Minister J. V. (Frank) Bainimarama, has promised to end corruption, promote economic growth, and ease racial and religious tensions, some of its actions have been criticized as heavy-handed. In May 2015, a disciplinary committee issued a two-year suspension from parliament to an opposition legislator for making derogatory remarks toward the speaker. In August, the government charged 70 persons with sedition for allegedly participating in a breakaway movement that promotes political violence and incites communal antagonism. Nevertheless, the government has received praise from the European Union and United Nations, which have noted significant progress on the human rights situation in Fiji, through the opposition remains dissatisfied with continued reports of abuses by the security forces.

International trade with key partners, as well as critical foreign aid, has been restored following the return to democracy. Political and economic relations also continue to deepen with China. Like many other Pacific Island states, Fiji received growing sums of grants, loans, and donations in kind from Beijing in 2015, in addition to inking a number of cooperative agreements throughout the year. To attract more Chinese tourists and investment, since March Chinese nationals can enter Fiji visa-free and stay for up to 30 days.

POLITICAL RIGHTS AND CIVIL LIBERTIES

Political Rights: 27 / 40 (+1)

A. Electoral Process: 9 / 12

The constitution of 2013 provides for a single-chamber parliament with 50 members elected to serve four-year terms in a national-constituency, proportional representation system. The party with the greatest number of seats selects the prime minister. The voting age was lowered to 18 years. Citizens overseas can vote, but only those residing in Fiji can stand as candidates. The president is elected from parliament between two candidates, one named by the prime minister and one by the leader of the opposition. As head of state, the president – who is elected for one three-year term and eligible for reelection to a second term – holds a largely ceremonial role. The president can be removed only for incompetence or misbehavior by a tribunal appointed by the chief justice at the request of the prime minister. George Kenrote, a retired major-general, replaced Ratu Epeli Nailatikau as president in November.

In 2014, Fiji had its first democratic election since a military coup in 2006. Bainimarama, leader of the 2006 coup and head of the interim regime until 2014, led the new Fiji First party to win 32 seats. The Social Democratic Liberal Party (SODELPA) and the National Federation Party (NFP) took 15 and 3 seats, respectively. Of the 50 legislators, eight are women. Voter turnout was 84 percent. International observers certified the elections were free and fair, with no reports of violence or intimidation.

B. Political Pluralism and Participation: 11 / 16

Political affiliations had traditionally been associated with ethnicity. The Bainimarama-led interim government pushed for national unity and a national identity transcending ethnicity, race, and religion. For the 2014 general elections, all political parties were required to have English names to appeal to all ethnic groups. Reserved seats and special considerations for certain ethnic and religious groups were eliminated.

The dominance of Fiji First in parliament and its popularity with the public has left little space for opposition forces to assert themselves politically. After winning no seats in the 2014 elections, the Fiji Labor Party, the longstanding opposition party, became defunct and ceded that role to SODELPA. Moreover, other institutions that provided checks on the government have been weakened in recent years. The Great Council of Chiefs, comprised of hereditary leaders representing Fiji's indigenous population, was abolished in 2012. In March 2015, the government signaled it would not be revived.

C. Functioning of Government: 7 / 12 (+1)

Bainimarama's Fiji First government has said that it will prioritize combatting official abuse and corruption, which remain pernicious and a major source of public grievance. The Fiji Independent Commission Against Corruption (FICAC) had investigated many cases, including against high-profile political figures, and the number of citizen complaints filed with FICAC continues to grow. However, in June 2015 the head of FICAC stated that more resources are needed for the body to pursue investigations independently, as it currently must rely on referrals and assistance from entities it is supposed to be investigating.

Several measures have been introduced to increase transparency and accountability, such as live internet broadcasts of parliament sessions and posting meeting notes and budgets online for public review. But with Fiji First holding a parliamentary majority and Bainimarama's forceful leadership, opposition lawmakers and concerned citizens have complained that the government is pushing through bills, budgets, and decisions without allowing adequate time or input from lawmakers or citizens. For example, in June 2015 ruling party lawmakers outvoted opposition members to decide there will only be four weeks of parliamentary sessions in 2016.

Civil Liberties: 34 / 60 (+1)

D. Freedom of Expression and Belief: 11 / 16

Fiji has several private television and radio stations and newspapers. There are no government restrictions on access to the internet, but poor infrastructure limits access for many outside urban areas. More people are using online media to access news and entertainment. Recently the International Telecommunications Union commended Fiji for adding public internet centers, reducing cost of access, and expanding electronic government information and services.

The opposition and other critics of the government have accused the administration of using state power to silence critics. For example, the vaguely worded Media Industry Development Decree bans reporting critical of the government or harmful to "national interest public order." In February 2015, the Media Industry Development Authority, the body that enforces the decree, ruled that the Fiji Sun newspaper had violated the law in a report that alleged SODELPA ran on race and land issues during the 2014 elections. However, the authority reversed its decision in March following considerable public criticism.

Freedom of religion is generally respected. No attacks on Hindu temples have been reported in recent years and there were no reports of other religiously motivated crimes in 2015.

Academic freedom is generally respected, but lack of resources affects quality of instruction. Two prominent academics and critics of the former military government, Brij Lal and his wife Padma Lal, were deported in 2009 and 2010 and remain barred from returning to Fiji. The interim government removed preferences in college admissions and scholarships for indigenous Fijians. Since 2014, primary schools had to teach English, iTaukei, and Hindi to all students in an effort to eliminate ethnic divisions.

There were no confirmed reports of government restrictions on private discussion on political matters or other sensitive topics in 2015. Personal blogs and other forms of social media, both for and against the government, operate with relative freedom, unlike traditional media.

E. Associational and Organizational Rights: 5 / 12 (+1)

Most restrictions on freedom of assembly and association under the interim government have been removed or relaxed. Police permits are required for public gatherings and protests, but there were no reports of denials or last minute cancellations in 2015. The general environment for civil society groups and labor unions is improving.

The government has promised to review existing labor laws to ensure compliance with international standards and the constitution, but has given no timeline for completion. The Essential National Industries Decree remains in place with its restrictions on collective bargaining, freedom of association, and other workers' rights and benefits. In April 2015, government, industry, and union representatives signed an agreement in Geneva to try to build a more positive relationship. However, trade unions continued to express concerns about existing labor laws and their lack of implementation, and have appealed to international advocates who will be visiting Fiji in 2016 to investigate labor-related issues.

F. Rule of Law: 9 / 16

The judiciary, though generally independent and well-regarded in society, operates under a number of logistical challenges. Personnel and resource shortages complicate handling of cases in a timely manner.

Prisons are overcrowded but meet minimum international standards. The acting commissioner of the Corrections Service was removed in December 2015 for alleged abuse of office.

Military and police brutality is a significant problem. In February 2015, nine police and military personnel were charged with the rape and murder of a man in their custody and with conspiring to conceal the crime. In October, another five police and military officers were charged for assaulting a recaptured prison escapee. Police Commissioner Ben Groenewald abruptly resigned in November, blaming military interference in policing and a lack of political will to address police shortcomings. The government's handling of sedition and other charges against dozens of men accused of participating in a separatist movement has been criticized as excessively harsh by the opposition and some legal experts; they have also accused the state of ignoring an allegation of assault against their defense lawyer. In March 2015, the parliament unanimously ratified the UN Convention Against Torture.

Indigenous Fijians previously enjoyed special consideration in many areas of education and political representation. However, the interim government removed many of these privileges in a bid to foster a sense of national unity, a policy also being pursued by the current administration. An estimated 250,000 people – many of them educated and skilled Indo-Fijians – left Fiji in the last 25 years because of discrimination, economic hardship, and political instability. In recent years, a few thousands have returned or reclaimed Fijian citizenship for themselves and their children.

Fiji decriminalized same-sex sexual activity in 2010, and the 2013 constitution bans discrimination based on sexual orientation and gender identity. However, due to conservative social mores, discrimination and violence persist. In August 2015, President Ratu Epeli Nailatikau launched a campaign in partnership with the United Nations to combat prejudice and violence against LGBT (lesbian, gay, bisexual, and transgender) persons. In December, the Fiji Film Festival for the first time focused on human rights and gender-based violence, and featured a number of transgender characters in its films. The festival was well received with no incidents of violence.

G. Personal Autonomy and Individual Rights: 10 / 16

Citizens enjoy broad freedom to travel, live, work, and seek education inside and outside the country. Citizens can freely own property and establish businesses.

Although discrimination and violence against women are common, there are now more resource centers for women that assist victims. In November 2015, the government announced it was allocating funding for the establishment of a hotline to assist victims of domestic violence. The number of reported assault cases has increased in recent years, which the government attributes to greater willingness on the part of victims to seek justice.

Fijian and foreign national women and children are subject to sex trafficking and forced labor in Fiji. The government's lax visa policy and location as transportation hub for the region has facilitated Fiji's position as a prime transit country for sex trafficking.

Scoring Key: X / Y (Z)

X = Score Received
Y = Best Possible Score
Z = Change from Previous Year