A/HRC/28/8
arrangements under the current Constitution for judicial appointments were a noticeable
improvement from previous constitutions.
43.
The only interference in the Fijian judiciary had been the travel bans placed by
Australia and New Zealand on members of the Fijian judiciary appointed after 2009, which
had prevented suitably qualified persons who might have served on the judicial bench from
doing so. Sri Lankan assistance in allowing the secondment of its judiciary to Fiji had
enabled the judiciary in Fiji to continue to function effectively.
44.
Section 97 of the Fijian Constitution had brought the judiciary into compliance with
the Basic Principles on the Independence of the Judiciary and the Basic Principles on the
Role of Lawyers.
45.
The Chief Justice said that a substantial training programme had been put in place
for the judiciary in order to enable all its members to be fully cognizant with human rights
issues, including awareness of and sensitivity to gender issues and children in court.
Training input and assistance from specialist non-governmental organizations (NGOs)
would be welcomed. However, the judiciary could not discuss individual cases with NGOs,
and requests for information and letters seeking intervention with a view to appeal were
better addressed to the Director of Public Prosecutions.
46.
Other developments in the judicial sector had included the introduction of sittings
conducted in open court, except in cases involving children’s evidence, trade secrets,
copyright or national security. Video recording of all court proceedings would also be
introduced in the near future. In order to improve access to justice, and in line with the Bill
of Rights in the Constitution, new lifts for the disabled, crèches, and rooms for vulnerable
witnesses had been introduced in courts.
47.
The Chief Justice had issued a directive indicating that no case in which the
applicability of ouster clauses was challenged could be rejected by registry staff on initial
filing. All such cases must be listed before a judge for his/her ruling on that jurisdictional
matter. Discussions would be ongoing with organizations such as ILO on providing training
sessions for judges and lawyers in relevant areas.
48.
Ghana welcomed the entry into force of the new Constitution, which took into
account the rights of children and of persons with disabilities. Ghana made
recommendations.
49.
India commended the holding of democratic elections, the adoption of the
Constitution, the commitment to ratifying core human rights treaties, the allocation of
resources to promote access to justice, the HIV/AIDS Decree, the National Policy on
Persons Living with Disabilities and the National Gender Policy. India made
recommendations.
50.
Indonesia welcomed the results of the elections, in which Fijians had freely
exercised their right to vote. It recalled the ten-year time frame set by the Government to
ratify the core human rights treaties. It commended efforts to combat discrimination against
women, particularly through the National Gender Policy. Indonesia made
recommendations.
51.
Ireland urged Fiji to cooperate fully with special procedures. It expressed concern
about restrictions on freedom of expression under the Constitution and the Media Decree
and the impact of the Public Order Amendment Decree on the exercise of freedom of
peaceful assembly. Ireland made recommendations.
52.
Israel commended the holding of free and fair elections and the adoption of the
Constitution, which enshrined non-negotiable principles and values such as a common and
equal citizenry, a secular State and social justice. It asked whether concrete measures were
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