A/HRC/14/37
(c)
The summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/7/FIJ/3).
398. At its 23rd meeting, on 10 June 2010, the Council considered and adopted the
outcome of the review on Fiji (see section C below).
399. The outcome of the review on Fiji comprises the report of the Working Group on the
Universal Periodic Review (A/HRC/14/8), the views of Fiji concerning the
recommendations and/or conclusions, and its voluntary commitments and replies presented
before the adoption of the outcome by the plenary to questions or issues that were not
sufficiently addressed during the interactive dialogue in the Working Group (see also
A/HRC/14/8/Add.1).
1.
Views expressed by the State under review on the recommendations
and/or conclusions, its voluntary commitments and the outcome
400. The delegation of Fiji reported that, given the gravity of the recommendations
received, a national consultation had been convened to ascertain the views of nongovernmental organizations and civil societies, to obtain an alternative view of how they
perceive the recommendations, and to state how they would or could assist the Government
in implementing some of the suggested recommendations. A further consultation was
convened with all the relevant Government ministries and agencies that would be
responsible for implementing the recommendations.
401. Special mention was made of the cooperative participation of two of Fiji’s
prominent women advocacy groups, the Fiji Women’s Rights Movement and the Fiji
Women’s Crisis Centre. The delegation recalled that Fiji, during the Universal Periodic
Review Working Group session, singled out these two organizations, highlighting their
refusal to participate in the consultations leading up to and during the drafting of Fiji’s
national report.
402. Out of a total of 103 recommendations, Fiji had accepted 97 (94 per cent), and had
rejected 6.
403. In relation to recommendations 1 to 7 on ratification, and recommendation 9 on the
alignment of national laws, certain pertinent factors must be assessed before ratification to
ensure that Fiji could meaningfully participate and fulfil all obligations. Hence, Fiji had set
for itself a time frame of 10 years within which it would endeavour to implement all core
human rights conventions.
404. With regard to recommendation 8 on the abolition of the death penalty in the
Military Code, Fiji had removed the death penalty from its Criminal Code. The abolition of
the death penalty from the Military Code was a matter currently under consideration. The
death penalty under the Military Code had never been exercised in the past.
405. On recommendation 11, on the restoration of constitutional rule, Fiji had set for
itself a time frame for the return to parliamentary rule. In accordance with the road map for
democracy and sustainable economic development framework, Fiji would hold elections in
2014. There would be no negotiations on the time frame, and the Government was
committed to fulfil all its reform agenda leading up to 2014. Fiji requested the cooperation
of the international community towards this end.
406. On recommendation 12, Fiji was endeavouring to uphold and respect the rule of law,
confirming that Fiji was not considering restoring the 1997 Constitution.
407. The Fiji Parliament was scheduled to be reconvened following the general elections
in 2014. A call for elections in 2010 was impractical. Fiji had a legitimate authority in the
Government under a new legal order, and the Government had total and effective control
GE.12-17781
109
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