International Human Rights Opinion and Removing a Constitutionally Elected Government in Fiji

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Summary

It would not be wrong to state that Regulation, purported by the military junta in Fiji Islands under the command o Commodore Bainimarama has issued draconian laws that imply absolute and unfettered powers to security personnel and total loss of any kind of freedom to the inhabitants, in terms of freedom to congregate, maintain religious functions or expression of their views on matters of the state.

Thus the laws enforced by removing a constitutionally elected government in Fiji and abrogating the constitution, seek to further military interests and make a mockery of democratic process in this island nation. The arrest of prominent Methodist church leaders and their subsequent release on the condition that they are not seen in public, raises questions about the deepening moral and constitutional crisis in this island and also the future of democracy in this country.

It is believed that the gross overreaction of the military in the internal affairs of the Methodist church in Fiji has paved the way for international focus to be centered in this island, especially in matter of gross military interference in affairs of the church.

Moreover, it is seen that Fiji is to be a party to first optional protocol, which seeks to be a signatory to this protocol due in September 2009. Yet the going on in Fiji belie the terms and spirit of the First optional protocol. Again, it is seen that the military rulers have derogated from the enforcement of the Fijian constitution and issued their own laws, without consulting the United Nations or its Secretary –General.

It is necessary that the UNO rightly interferes in the political affairs of Fiji not only in terms of protecting the cause of its one million strong populations, but also in terms of its larger role and responsibility to the purveyors of democratic causes in the free world.

Introduction

Human rights mean the basic rights that the entire human beings deserve. The basic rights include right to live, freedom of expression, and equal treatment in front of the law, right for education, right for food…etc. “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status.” (What are Human Rights).

The United Nations International Covenant on Civil and Political Rights is an esteemed organisation of United Nations which has a committee for the protection of human rights. The committee stays for ensuring the equality and dignity among human beings. The committee works for ensuring human beings are receiving political, economical, religious and other rights.

Background of case

The Methodist Church in Fiji conducts annual conferences which involves a choir competition and a general meeting. From this conference the Church collects the required money for the conduct of the Church. One such annual meeting was supposed to be held in August, but in May the one Methodist minister, Rev ML, called for democracy to be restored, which resulted in the military junta cancelling the permit and prohibiting the participation, of the two Methodist ministers including Rev ML, in the meeting,. This gave raise to a clash between the Church and Government authorities resulting in the arrest of prominent leaders. The Methodist members gathered in one day in July to discuss the conducting of annual conference. Police arrested the leaders and other members of the Methodist Church. The Methodist Church decided to go ahead with the filing application to the human rights committee stating that they did not receive the rights that are supposed to be received under ICCPR.

Analysis of the case focusing in different perspective

From the brief description of the case given above, it is clear that there is a violation of human rights including the violation of rights like freedom of expression, meeting, religious freedom…etc. The government decision of cancelling the permission for meeting and the subsequent arrest of the religious leaders is treated as a violation of human rights. The reason given by the government authority was that, they did not obey the rules of the government. However what happened actually is the arrest of the members of the Methodist Church for not obeying the anti-religious declaration of prohibiting the religious leader from attending the meeting.

The United Nations International Covenant on Civil and Political Rights (ICCPR)

The UN constituted movement called The United Nations International Covenant on Civil and Political Rights (ICCPR) has been constituted for ensuring that human rights are not violated. There are 161 state parties in ICCPR. This is just like International Covenant on Economic, Social and Cultural Rights (ICESCR) which works for ensuring economic, social and cultural right of the each individual in the world.

Article 1 of the ICCPR explains the right of self-determination which is important among the human rights. Article 2 to Article 5 explains the right to life and article 7 is for banning the torturing of individuals. The article 26 is for discrimination prohibition. Article 27 gives a right for uniting or engaging in cultural development for ethnic, linguistic or religious minorities. Human Rights Committee is entrusted with enforcing the rights mentioned in ICCPR (Tomuschat).

Therefore it is clear that there were a breach of the different provisions of article. Article 26 prohibits all kinds of discrimination. Here the government authority showed discrimination towards the Methodist Church group by cancelling the permission to conduct their annual conference for reasons which are not genuine. Also it can be found that there was a violation of the provisions of Article 27, which is the right for uniting on grounds like religion, language or ethnicity. Now, it is the dusty of the human rights committee to be with the side of Methodist Church members and fight for ensuring justice to them. Otherwise there may raise a question that what is the need for a committee like human rights committee.

Protest from the international community

Rev. Edward W. Paup, general secretary of the United Methodist General Board of Global Minorities says that they are very much disappointed by the Fiji Government’s Act of cancellation of annual conference of Methodists Church and the arrest of leaders (Wright)

Analysis of the situation with a legal background

The universal declaration of human rights explains that only if conditions are set for each human right, the idea of free human beings enjoying his/her civil or political rights, social, economic and cultural rights can be made into action (International Covenant on Civil and Political Rights).

According to Fiji Public Emergency Regulations 2009, if any assembly or meeting takes place without an order or permission, the in charge persons or a police officer has the right to prohibit such meetings. But the in charge person can possibly give the members due warnings at the initial stage and later on can use arms or any force to disperse such assemblies or meetings. So, here in this case, the in charge persons could have given the members who participated in the meeting a warning at the initial stage and on further disobeying of their order, the police can very well suppress the meeting through any force. The regulations also tell that any person prohibited of attending the meetings tried to attend the meeting in controversial to the law is guilty. Here in case of the Methodist church, the authorities of the church prohibited the involvement of two prominent Methodist ministers and it was a matter limited to the church alone. This prohibition was not announced by the law or act, and hence there is a loop hole always for the participants of the meeting under the law. Under the International Covenant on Civil and Political Rights, everyone has the right to freedom of expression, i.e. they have the right of freedom to seek, impart or receive ideas and information either orally or in writing or through any media. The International Covenant on Civil and Political Rights also describes that everyone have the right to freedom of association with others. So in the case of the Methodist church, the participants very well have the right for conducting the meeting, unless they are prohibited by the law or government. A report on this incident tells that “the arrests have brought into conflict three of the pillars of Fijian society: church, people, and state.” (Wright).

It is seen that the military coup itself, during 2006 is an illegal act and is in violation of the provisions contained under the Fuji Constitutional Act 1997. “The radical moves ensure that Commodore Frank Bainimarama retains control over the South Pacific nation despite a Court of Appeal ruling on Thursday that the 2006 coup in which he seized power was unlawful, and so was his government.” (Ligaiula). Section 112 Sub section 2 (1) of the Constitution of the Fijian Islands makes it clear that the President of this island nation, would, upon the advice of the Minister, appoint the military commander and commander would be under the control of the Minister.(Constitution (Amendment) Act 1997).

The subsequent rescission of the constitutional laws and the import of the military junta’s own laws are grossly undemocratic and violate the very rubric of human rights in this island nation. Thus it would be most appropriate to consider the aspect from the perspective of the Methodist church and how best international attention could be drawn towards the unjust happenings in this island.

What human rights have been breached under the Public Emergency Regulation 2009?

In these occurrences in this island nation, it is first necessary to consider what human rights have been breached under the Public Emergency Regulation 2009.

It would not be wrong to state that this regulation, purported by the military junta in Fiji Islands under the command o Commodore Bainimarama has issued draconian law that implies absolute and unfettered powers to security personnel and total loss of any kind of freedom to the inhabitants, in terms of freedom to congregate, maintain religious functions or expression of their views. Thus the laws enforced by removing a constitutionally elected government in Fiji and abrogating the constitution, seek to further military interests and make a mockery of democratic process in this island nation. Under the new laws, military personnel could enter any residence or place with arms where it is believed that three or more people are congregating, and could even use force to dispel them. Further, the matter of impunity is reinforced through the fact that no civil or criminal proceedings could be instituted against security personnel for injury sustained, or death caused to people (Human Rights Abuse Escalate in Fiji).

The arrest of prominent Methodist church leaders and their subsequent release on the condition that they are not seen in public, raises questions about the deepening moral and constitutional crisis in this island and also the future of democracy in this country. (Wright).

The meetings conducted by the Methodist church were in no way, prejudicial to public safety or order or, in any way, infringed the rights or privileges. As a matter of fact, they were to further the religious causes within their memberships and was not politically motivated, although the leaders references to restoration of democracy in the island may have been construed as having political connotations by the military administration.Further, the fact that the leadership had made ardent calls for democracy to be restored in Fiji was neither politically motivated, nor insinuating or undermining the rule of the present military junta in Fiji.

Military intervention in affairs of Methodist church

This is not acceptable in any democratic set up, most of all in cases where the military has overthrown a democratically elected government in that country and has, in more ways than one, forced itself into power by methods that do not follow democratic norms and ethics. They have twisted and turned the legal process to suit their own dictatorial ends and have completely deciminated the last vestiges of democracy in the country through browbeating and application of forceful methods upon the populace, especially the minority communities.

It is seen that the Church league and Chief Rev. Tuikilakila Waqairatu, General Secretary of Church, have made an application to the Human Rights commission at the United Nations seeking redressal of provisions under International Covenant on Civil and Political Rights (ICCPR).

Fiji is a party to first optional Protocol

Moreover, it is seen that Fiji is to be a party to first optional protocol, which seeks to be a signatory to this protocol due in September 2009. This protocol recognizes that human beings require “civil and political rights and freedoms as much as they require housing, education, health and other economic, social and cultural rights to live a life of dignity and freedom.“(Justice now Ratify to protect all Human Rights).

Breach of covenants of ICCPR

The following provisions of the ICCPR may have been breached by the actions of the military junta.

Article 4: The present government has not informed the concerned parties through the Secretary-General of the UNO, of the specific clauses that it has derogated and the reasons why this has been done, and the date in which this was done. (Preamble).
Article 9: Powers to arrest need to be concrete and immediate and proper justification for the same needs to be conveyed to the arrested person. However under the new laws, an arrested person could be held in police custody without framing charge for a period of seven days.
Article 12: Empower persons to move about in unrestricted and free manner. But this has not been enforced in the case of the certain executive members and officer bearers of the Methodist Church, these freedoms have been curbed and they have been disallowed from making public appearances.
Article 18: Ensures the right to practice religious beliefs,” either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice or teaching. “(Preamble). It is seen that what the military government has done is in gross violation of allowing people the right to practice religious beliefs, on the pretext of being politically motivated and trying to undermine the military government.
Article 21 of the International Covenant on Civil and Political Rights (ICCPR) ensures the right of people to assembly for lawful purposes.

Under Section 22, “No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (order public), the protection of public health or morals or the protection of the rights and freedoms of others.” (Preamble). Thus, it is seen that the fact that Fiji is a party to the First optional protocol has made it doubly responsible to ensure the protection and sanctity of its citizens and the enforcement of human and civil right guaranteed under its constitution. However, it is seen that the military junta has rescinded the Constitution and abrogated the powers of the judiciary, even terminating the services of legally appointed judges in further their own political ends with impunity. The armed forces and the police has been given a free hand, devoid of any repercussion, to instill a regime of coercion and tyranny in the country and the present situation is nothing short of virtual dictatorship by the Prime Minister, Commodore Bainimarama, who, ironically is himself a Methodist Christian. It is high time the United Nations takes action again a beleaguered country that has lost most of its democratic credibility with a series of military coups in just a decade, and has lost all semblances of democratic values, safety and protection of people’s civil and human rights.

Fiji has not entered into any relevant derogation

Further, it is also seen that Fiji has not entered into any relevant derogation, which is against the value and spirit of Resolution 2200 XXI of the ICCPR. The ICCPR has categorically mentioned that Articles 6,7,8,11,15,16 and 18 cannot be derogated without the necessary consent and process of law existing at the time of deviation.

It is seen that the military rulers have deviated from the enforcement of the Fijian constitution and issued their own laws, without consulting the United Nations or its Secretary –General. A glaring example would be derogation of Article 18, Sub section 3, which is intended to provide freedom to practice one’s religion or beliefs, that may be restricted only in terms of the need to preserve public safety, health, morality and the basic rights and privileges of other people.

By debarring the conduct of annual Methodist Church convention for a period of five years, the military government in Fiji has, in effect, violated the terms and spirit of Section 18, specifically subsection 3, which offers protection to inhabitants of nations to freely carry out their own religious practices. The ostensible reason that has been given by the government is that these meetings are politically motivated, and designed to lower the status of the military junta in that country. They were agreeable to allow the Church to carry out their functions, provided it is within the ambit of their religion and not speak out against the malfunctioning of the government. This is against the provision of Section 19 of the ICCPR, which allows unrestricted freedom of speech and expression as long as it does respect the rights and reputations of others, and such restrictions may be necessary for protecting national security, public order, health or morale. (Preamble). The derogation of Article 18, in effect has made the present government susceptible to legal and administrative action at the international level, more so, since Fiji is a party to the First Optional Protocol.

Conclusions

The international community, particularly the United Nations Organization needs to intervene politically and militarily in the Fijian issue, not only in terms of the gross human rights violations that are going on in that country, but also in terms of securing the protection and security of its one million odd population who are passing through a critical juncture under the present military junta. By establishing a de facto, illegal government in the country and systematically and flagrantly abandoning the constitution, it is seen to seek establishing its own laws and regulations to suit its power accession and sustenance on a long term basis.

Unless concrete action is taken by the UNO, under its own conventions, it would not be possible for a sound and acceptable democratic set up to begin in this island. With worsening economic conditions, high rate of unemployment and crime and perhaps a breakdown of the entire judiciary system in this country, the message is loud and clear that outside intervention only could save this country from a total catastrophe that could even obliterate this tiny island nation from the map of the world. As an international peace keeping agency committed to the preservation of world peace and harmonious community living, the UN’s role in Fiji cannot be exaggerated. It is necessary that the UNO rightly interferes in the political affairs of Fiji not only in terms of protecting the cause of its one million strong populations, but also in terms of its larger role and responsibility to the purveyors of democratic causes in the free world. Since the military government has polarized the country and rendered it amenable for the furtherance of military power, it is first necessary for the UNO to ensure a free and fair elections and ensure that the rights and privileges assured to the community, both in terms of the First Protocol and also as members of the world community is not compromised or sub served by the narrower interests of military rulers. The intervention of major democratic counties like the USA, UK, India, and the assistance and political succor offered by the UNO, need to play a larger role in the political and economic destiny of this tiny island nation.

However, it is believed that the democratic process would begin only in 2014. “Commodore Voreqe Bainimarama, who was reappointed as Fiji’s interim prime minister on Saturday, said he will ensure the general elections be held at the latest by September 2014 under an electoral system that is based on equal suffrage.” (Bainimarama: Fiji to Hold General Elections by Sept. 2014).

Works Cited

Bainimarama: Fiji to Hold General Elections by 2014. News. 2009. Web.

Constitution (Amendment) Act 1997. Fiji Sessional Legislation. 1998.

Human Rights Abuse Escalate in Fiji. Fiji Coup. 2009. Web.

International Covenant on Civil and Political Rights: Adopted and opened for Signature, Ratifications and Accession by General Assembly Resolution 22100A (xxI) of 1966 Entry into force 1976, in Accordance with the Article 49. Office of the United Nations High Commissioner for Human Rights. 2007. Web.

Justice now Ratify to Protect all Human Rights ESCR- Net. Web.

Ligaiula, Pita. Fiji Military Chief Reappointment as PM. Brisbanetimes.com. au. 2009.

Preamble. The United Nations International Covenant on civil and Political Rights. 1997.

Preamble: Article 18. The United Nations International Covenant on civil and Political Rights. 1997.

Preamble: Article 22.The United Nations International Covenant on civil and Political Rights. 1997.

Tomuschat, Christian. International Covenant on Civil and Political Rights: New Yor, 1966. Audiovisual Library of International Law. 2008. Web.

What are Human Rights. United Nations Human Rights. 2009.

Wright, Elliot. Government Action against Methodists in Fiji Raises International Concerns. Global Ministries: United Methodist Church. 2009. Web.

Wright, Elliot. Government Action against Methodists in Fiji Raises International Concerns: Statement on Arrests of Fiji’s Methodist Leaders and Cancellation of Conference. Global Ministries: United Methodist Church. 2009. Web.

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