A/HRC/14/8
society groups focusing on electoral reform, the size of the new parliament, the
sustainability of a bicameral system, the term of office of the Government and systems for
ensuring governmental accountability to the people. Fiji’s new constitution will be in place
by September 2013. The people will have a year in which to become familiar with its
provisions before elections are held in September 2014. The Government intended to
commence shortly an inclusive national dialogue process aimed at achieving a sustainable
return to democracy and constitutional rule.
10.
Fiji urged the international community and requested United Nations Member States
to support it in its endeavour to fulfil the Road Map. Fiji noted that the time frame provided
not only certainty in terms of a deadline for elections, but also an opportunity for Fiji to
address the underlying issues that had led it down the path of political instability.
11.
With respect to public emergency decrees, Fiji emphasized that every person had the
right to freedom of speech and expression, including the freedom to seek, receive and
impart information and ideas and freedom of the press and other media. However, the
Public Emergency Regulation 2009 had placed certain limits on those rights in the interest
of national security, public safety and public order.
12.
Fiji stated that media had not been responsible and balanced in their coverage and
had contributed to a confrontational environment. Following the abrogation of the 1997
Constitution, there emerged a need for preventive measures that addressed security
concerns that had threatened the nation. Those measures had materialized in the 2009
Public Emergency Regulation. Fiji noted that, since the implementation of the censorship
exercise, there had been a marked shift from negative to positive journalism. The
Government was currently drafting a media law that would ensure that responsible
journalism was practiced, as well as a Freedom of Information Decree that would guarantee
public access to Government documents.
13.
Fiji emphasized the non-permanent nature of the Public Emergency Regulation and
the fact that its extension had come into effect after a careful assessment by the authority
concerned. The Government announced that the Public Emergency Regulation would be
lifted after the promulgation of the Media Decree.
14.
Fiji indicated that, with the abrogation of the 1997 Constitution, all constitutional
offices in Fiji, including the Fiji Human Rights Commission, had been abolished. On 12
May 2009, the President had issued Human Rights Commission Decree 2009, which
repealed the Human Rights Act 1999. The Decree established the Fiji Human Rights
Commission, set out the eligibility criteria for the appointment of commissioners and
provided for the functions of the Commission. The Commission has the power to, inter alia,
increase general awareness of human rights by making public statements and educating the
public and public officials, receive representations from the public on any matter affecting
human rights, inquire generally into any procedure or practice, whether governmental or
non-governmental, and to make recommendations to the Government concerning
legislative, administrative or other action.
15.
Fiji noted that the promulgation of the Fiji Human Rights Decree 2009 had
demonstrated the Government’s commitment to complying with the Paris Principles. The
Government was actively pursuing the identification of individuals to serve as members of
the Fiji Human Rights Commission.
16.
Fiji indicated that, within the first 10 months following the abrogation of the
Constitution, the Government had already promulgated 64 decrees, all of which formed
basic laws under the new legal order. The Crime Decree 2009 had brought Fiji into
conformity with the Rome Statute, the International Convention on the Elimination of All
Forms of Racial Discrimination and the Convention on the Elimination of All Forms of
Discrimination against Women.
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