Fiji must comply with the recommendations of the United Nations following the Universal Periodic Review (UPR) conducted by the UN Human Rights Council last week. The member nations of the UNHRC, while commending Fiji’s return to parliamentary democracy under a new Constitution, rightly called for the establishment of a Constitutional Commission to review the 2013 Constitution as well as repeal of decrees that violate human rights, freedom of expression, freedom of association and a free media. The derogations in the Bill of Rights of the 2013 Constitution, regressive and draconian decrees and a regulated media are fundamental problems that can only be resolved through sensible leadership collective action and perseverance in Parliament. The National Federation Party has studied the 23-page report on Fiji by the UNHRC which contains the recommendations of 54 States. The Council rightly noted that regressive decrees and limitations in the Bill of Rights violate International Conventions and Statutes. However, we are concerned that apart from agreeing to harmonize the Media Industry Development Decree and taking steps to bring labour laws in line with ILO Convention, major recommendations like establishing a Constitutional Commission, amending regressive decrees and inviting special rapporteurs to Fiji will be considered by Government and responded to in March 2015. This re-affirms our belief that are we are not living and practicing genuine democracy. The elections and the re-opening of Parliament have not fully re-established checks and balances, and fair-play. The continuation of regressive decrees will render meaningless all talk of Fiji once again being a genuinely democratic nation. These decrees were imposed without the participation of the aggrieved parties. Now is the chance to consult all our people directly or through their elected representatives in accordance with Section 173 of the 2013 Constitution. There has to be consensus on what is the best and ideal legislation to benefit the entire nation. The Media Industry Development Authority Decree, the Essential National Industries (Employment) Decree, the Political Parties (Registration, Conduct, Funding and Disclosures) Decree must be repealed by Parliament because they curtail the rights of the media, ordinary workers, trade unionists, and ultimately our people. In a real democracy people must have the liberty to speak openly and candidly. In it the Government of the day must listen and the media must exercise its role as the messenger, a watchdog of democracy, and as an Independent Institution, responsibly asserting a right to speak with its own voice, and not echoing a singe point of view. We also urge Government to introduce Bills for the enactment of the Accountability and Transparency Commission and a Code of Conduct for public officers including Government and Members of Parliament. The repeal or comprehensive review of the draconian Decrees plus the introduction of Bills to enact legislation to promote accountability and transparency will lead to good governance and this must be done as soon as possible. Biman Prasad NFP Leader Tuesday November 4, 2014
Posted on: Wed, 05 Nov 2014 02:04:55 +0000
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