A/HRC/14/37
over the country and continued to guarantee and protect the rights of its citizens; it would
not reinstate the abrogated authority.
408. The delegation reiterated that the Government, through the enactments of various
decrees, had endeavoured to ensure the protection of human rights in domestic laws.
However, Fiji would not be restoring the 1997 Constitution, nor would it reinstate the
judges and other judicial officers that were removed by the President in April 2009.
409. In February 2010, Fiji had announced that it would lift the public emergency
regulation as soon as the Fiji media decree was promulgated. Consultations on the new
media decree had been completed, and a new text, which had taken into account the
suggestions received, had been drafted, and the new law was awaiting the cabinet’s
endorsement.
410. Fiji would not revoke the Fiji human rights decree, as it was the only legislation
ensuring the continued existence of the Fiji Human Rights Commission. The Government
was committed to implementing the decree and to filling vacancies that continued to exist,
mainly owing to travel restrictions currently imposed by a few of Fiji’s neighbours.
411. The delegation stated that Fiji would cooperate fully with any special procedures
mandate holder wishing to visit the country, but stressed that Fiji preferred to receive
requests prior to such visits.
412. The delegation added that any investigation could not proceed unless an official
complaint had been received by the relevant authority.
413. Fiji had an independent and well-functioning judiciary; the reinstatement of judges,
magistrates and other judicial officers removed in April 2009 would not be necessary.
414. The delegation stated that Fiji considered recommendation 90 not acceptable for
political, administrative and security reasons.
415. Fiji saw the usefulness of the Human Rights Council processes, which included
providing an opportunity for all States to declare what actions they had taken to improve
the human rights situation, in their countries, identifying and addressing the challenges to
the enjoyment of human rights and sharing information and good practices on how to
overcome violations wherever they occur. The delegation also stressed that, from such an
approach and perspective, the sovereignty of a State under review should be respected, that
the culture and idiosyncrasies of the people of the State should be respected, that the stage
of socioeconomic and political development, and constraints of the State under review
should be recognized and understood.
416. Fiji was a very young nation undergoing a period of political transition. A better
appreciation of Fiji and its history could certainly be an effective vehicle for marshalling
wider support to address more urgent and pressing social human rights issues, which in
many instances tended to be placed on the backburner, or completely ignored when
discussing human rights issues of a Member State. In this connection, the delegation
referred to such rights as the right of a child to have access to quality education, proper
medical-care services and proper infrastructure. The delegation added that effectively
addressing these social human rights issues would go a long way to creating a lasting,
stable and healthy democratic environment.
417. The delegation reiterated that the political landscape in Fiji had significantly
changed since April 2009, after the abrogation of the Constitution, and Fiji was now being
governed under a new legal order. The Government had total and effective control over the
country. The reality of the situation in Fiji needed to be understood to assist the
Government in its efforts to put in place necessary legal instruments and vital processes to
hold fair and truly democratic elections by 2014.
110
GE.12-17781
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