ROLI Condemns State of Emergency and Removal of Judiciary in Fiji

ROLI strongly condemns the state of emergency imposed on the people of Fiji, the attack on Fiji’s constitution and the entire judicial system. On April 9, 2009, Fiji’s Court of Appeals ruled that Commodore Frank Bainimarama’s 2006 military coup, the declaration of a state of emergency and removal of the democratically elected Prime Minister Laisenia Qarase was unconstitutional. The Court ruled, pursuant to the 1997 constitution that the sitting Parliament should be dissolved and new elections scheduled.

In response, President Ratu Josefa Iloila suspended the constitution, sacked the sitting judiciary, declared a 30-day state of emergency, curtailed domestic and international media and reappointed Commodore Frank Bainimarama as Prime Minister for five years.

The Public Emergency Regulations 2009 suspends freedom of speech, assembly and association, and equal protection of the law, all of which are guaranteed by the International Covenant on Civil and Political Rights. Further, the regulations give the military the power to close roads, order pre-emptive arrest, and censor the media.

ROLI supports the Fiji Law Society’s efforts to resist President Ratu Josefa Iloilo’s abrogation of the Fiji Constitution and the sacking of the judiciary. Specifically, the Fiji Law Society has called for the sacked judges to remain on the bench and to boycott all judges who swear allegiance to the military regime.

ROLI urges President Ratu Josefa Iloila and Commodore Frank Bainimarama to abide by the Court of Appeals ruling and respect the 1997 constitution. ROLI further urges all international donors, including the United Nations and the China Development Bank to discontinue all aid to Fiji and encourages the Pacific Island Forum and the Commonwealth to suspend Fiji’s membership until the state of emergency is lifted, the constitution is no longer suspended, and elections are promptly held.