Fiji: Arbitrary restrictions around solidarity marches for Palestine and use of flag

The state of civic space in Fiji is rated as ‘obstructed’ by the CIVICUS Monitor. While the government in 2023 took steps to repeal a restrictive media law and reversed travel bans on critics, the Public Order (Amendment) Act, which has been used to restrict peaceful assembly and expression and sedition provisions in the Crimes Act, remained in place. The police have also restricted pro-Palestinian marches.

In May 2024, former Fiji Prime Minister Frank Bainimarama and former Fiji Police Commissioner Sitiveni Qiliho were sentenced in a case involving their roles in blocking a police investigation at the University of the South Pacific in 2021. Bainimarama was given a one-year sentence for perverting the course of justice while Qiliho was sentenced to two years’ jail for abuse of office.

On 2nd July 2024, FijiFirst - the country's largest political party in Parliament - was officially deregistered. According to the Fijian Elections Office, the registrar of political parties deregistered FijiFirst in accordance with section 12(4) of the Political Parties (Registration, Conduct, Funding & Disclosures) Act 2013 as it had failed to amend its constitution to include provisions required under Schedule 2 of the Act.

In recent months, there have been concerns about ongoing restrictions against protests in solidarity with Palestine including arbitrary restrictions on marches and the use of Palestine flags. There also concerns around a report related to widespread sexual harassment of women journalists.

Peaceful Assembly

Restrictions and intimidation around solidarity protests

Activists in Fiji have been holding vigils in solidarity with Palestine over the last eight months as part of their ongoing "Thursdays in Black" gathering at the office of the Fiji Women's Crisis Centre (FWCC), calling on the Fiji government and Pacific leaders to support the ceasefire in Gaza and accountability for the serious crimes committed in Gaza, including allegations of genocide.

As previously documented, the activists have had to hold their gatherings in the premises of the FWCC office as the police have restricted solidarity marches for Palestine since November 2023, under the Public Order (Amendment) Act 2014. The law allows the government to refuse permits for any public meeting or march deemed to prejudice the maintenance of peace or good order. It has often been misused by the authorities to restrict or block peaceful gatherings and demonstrations, restricting the right to peaceful assembly and association.

The UN Human Rights Council and human rights groups have called for the repeal of restrictive provisions in the law including the requirement for a police permit for protests which is inconsistent with international standards.

In May 2024, FWCC reported that the Fiji Police Force attempted to intimidate the protesters at the vigil. A truckload of police officers including two patrol cars showed up where more than 50 people had gathered. Police officers stood across the road next to the truck and stared down the protesters for close to an hour. FWCC said that the two patrol cars continuously made the rounds, with police officers taking pictures and videos from inside the vehicles

On 13th July 2024, the Fiji NGO Coalition on Human Rights and other protesters took to the streets of Fiji’s capital Suva in a demonstration demanding freedom, decolonisation and human rights in Kanaky, New Caledonia and West Papua. However, as part of conditions of the permit from police, no flags of Palestine could be included in the rally. However, activists improvised and brought keffiyehs and watermelons - a symbol of Palestinians' public expression in protests and artworks - to the rally.

These restrictions on solidarity marches for Palestine and the ban on the use of Palestinian flags during marches is inconsistent with Fiji’s international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) which guarantees freedom of expression and peaceful assembly. These actions also contravene Fiji’s constitution that guarantees these rights.

International Women’s Day march

Previously, in March 2024, to commemorate International Women’s Day, as many as 100 men, women and children took to the streets of Suva to participate in the Reclaim the Night march organised by the Fiji Women’s Crisis Centre.

FWCC’s co-ordinator Shamima Ali said the march was about stopping and creating awareness to eradicate the culture of rape against women and young children in the country. The march began from the Suva Flea Market and ended at Government Buildings.

Workers strike for better wages and conditions

On 7th May 2024, a group of workers for Fiji Water went on strike at the US-owned company's water bottling plant in Yaqara and the Naikabula depot in Lautoka on the main island Viti Levu.

The strike was carried out by workers in the factory and transport section of the company, who claimed the company failed to pay overtime and had not made income adjustments for inflation, along with other pay-related issues.

Local media reports show employees holding signs with messages stating, "pay rise now", "follow the law pay overtime now", and "no more wage theft".

National Union of Workers (NUW) general secretary Felix Anthony, speaking on behalf of the workers, said that initial talks had been scheduled between the union and Fiji Water executives from the capital Suva and their US counterparts.

The strike ended ten days later, after Fiji Water and its workers finally came to an agreement. The company agreed to pay increases, reduced working hours and other terms and conditions like allowance increases and extra days off in the new roster.

Expression

Sexual harassment of women journalists widespread

Sexual harassment of women journalists continues to be a major problem in Fijian journalism, new research has revealed.

In March 2024, it was reported that the study published in Journalism Practice by researchers from the University of Vienna and the University of the South Pacific highlighted there is a serious need to address the problem, which is fundamental to press freedom and quality journalism.

According to the study, sexual harassment is “concerningly widespread” in Fiji and has “worrying consequences”. It stated that “more than 80 percent of our respondents said they were sexually harassed, which is an extremely worryingly high number."

The researchers conducted a survey of more than 40 former and current women journalists in Fiji, as well as in-depth interviews with 23 of them.

The researchers said the findings of the study show sexual harassment has a range of negative impacts which affects the women's personal freedom to work but also the way in which news in produced.

These findings are worrying and run contrary to the improved ranking of Fiji by the global press freedom watchdog Reporters Without Borders in May 2024 which moved from 89th to 44th place.

RSF attributed the improvement to the repeal of the draconian and unpopular Media Industry Development Act (MIDA) in April 2023 and the easing of pressure exerted on the media by civil and military authorities since the election of Sitiveni Rabuka.