Fiji: Repeal of restrictive media law, reverse of travel bans and other reform commitments a positive signal for civic freedoms

The state of civic space in Fiji is rated as ‘obstructed’ by the CIVICUS Monitor. Among civic space concerns documented in 2022 were harassment of the media and the ongoing presence of restrictive media laws that created an environment of self-censorship. Further, the government blocked protests with the use of the Public Order (Amendment) Act and there was an ongoing culture of impunity for violations by security forces.

Human rights groups also documented that repressive laws and defamation suits were used to silence government critics in 2022 and that the police use of unnecessary or excessive force against suspects continued to be reported.

In December 2022, Sitiveni Rabuka became Fiji's prime minister following elections, after three political parties - the People's Alliance Party, Social Democratic Liberal Party (SODELPA) and National Federation Party - formed a coalition. Rabuka’s victory brought to an end the leadership of former Prime Minister Frank Bainimarama, who seized power in a 2006 military coup and later refashioned himself as a democratic leader by introducing a new constitution and winning elections in 2014 and again in 2018.

The new government has committed to respecting and protecting the Bill of Rights in the Constitution and review and repeal the laws that suppress human rights including ‘media freedom, freedom of expression, freedom of association, and individual and group rights’

Since the elections, the government has suspended or filed cases against government officials and politicians for alleged abuses of power and other crimes. It suspended the country's chief of police and its head of prison services on abuse of office claims. In February 2023, parliament suspended Bainimarama until 2026 after a speech in which he criticised his successor, Sitiveni Rabuka, and president Wiliame Katonivere. In March 2023, he was arrested and detained briefly for abuse of office. In May 2023, Fiji's former attorney-general Aiyaz Sayed-Khaiyum was also charged with one count of abuse of office and released on bail. He allegedly committed the offence while as acting prime minister between 30th June and 12th July 2022.

In recent months, the new Fiji government has repealed a restrictive media law and ensured that a march calling for an end to rape and domestic violence took place after police tried to impose restrictions. The authorities have also reversed travel bans, taken steps to improve labour rights by reinstating the tripartite forum, proposed reforms to the legal sector and reconvened the Great Council of Chiefs (GCC).

Expression

Repeal of restrictive media law a major step for press freedom

In a positive step for press freedom, on 6th April 2023, the Parliament of Fiji voted to repeal the Media Industry Development Act (MIDA) which was enacted in 2010 by the government that assumed power through a coup in 2006.

As previously documented, the MIDA has wide powers of investigation over journalists and media outlets, including powers of search and seizure, and the power to refer any complaint received to the Media Tribunal. Additionally, under the Act, journalists can be forced to reveal their sources to MIDA. In 2016, the Media Act was amended to prohibit the airing of local content, including news, by subscription-based television services.

The new coalition government had vowed to pursue reforms in media legislation, which included the review or repeal of MIDA. Prime Minister Sitiveni Rabuka said media freedom and freedom of expression are the “oxygen of democracy,” which allow people to hold their government accountable. “I am proud to stand here today to make this announcement which was key to our electoral platform and a demand that I heard echoed in all parts of the country that I had visited,” he said.

The Fijian Media Association (FMA) in a statement read during the Parliament session highlighted the deleterious impact of MIDA on the local media environment. The group said that: “It was a useless, but dangerous and vindictive piece of legislation for the industry. The repeal of the MIDA Act has long been a unifying demand of all media organisations in Fiji.”

The Pacific Islands News Association urged stakeholders to initiate discussions on the self-regulation of the media industry.

The 2023 World Press Freedom Index released by Reporters Without Borders in May 2023 placed Fiji in 89th position out of 180 countries, up from 102nd place in 2022.

Peaceful Assembly

“Reclaim the Night’ march held after initial police restrictions

On 8th March 2023, hundreds took part in a march in the capital Suva organised by the Fiji Women’s Crisis Centre (FWCC) to commemorate International Women’s Day (IWD). The event, known as ‘Reclaim the Night’ advocated for an end to rape and domestic violence against women and girls.

The march began shortly after police officers at the scene allegedly tried to halt the movement if ‘women’s issues from West Papua or Iran’ were discussed. The situation forced FWCC coordinator Shamima Ali to call on Home Affairs Minister Pio Tikoduadua for his intervention with the police directive. Tikoduadua apologised profusely for the restrictions.

The participants chanted for safe homes, streets, taxis, nightclubs, supermarkets and ending violence and rape against women and children. The crowd marched from the Flea Market to Parliament House.

Shamima Ali said Reclaim the Night expanded the fight for women’s rights in Fiji and was an event that began in 1987 with just over 30 people but today “we have hundreds”. Activist and feminist Roshika Deo says IWD celebrated the progress of many women in Fiji but “women still have a long way to go”. She added that “women want to see more anti-sexual-harassment policies in place because even though it is mandated by law, no one knows about it.”

The march was a positive signal for freedom of peaceful assembly under the new government. The previous government had often misused the Public Order (Amendment) Act 2014 to restrict or block peaceful gatherings and demonstrations, as previously documented.

Association

Government reverses politically motivated travel bans

In one of his first acts as head of government, Prime Minister Rabuka officially reversed the politically motivated travel bans against Vice Chancellor and President of the University of the South Pacific (USP) Pal Ahluwalia and Fijian academic Padma Lal.

As previously documented, academic Professor Pal Ahluwalia and his partner were deported after he exposed allegations of corruption and financial mismanagement under the previous university administrations. He was deemed “prejudicial to peace, defence, public safety, public order, public morality, public health, security, or good government of the Fiji islands”.

Dr Padma Lal was deported with her late husband from Fiji in 2009. Fijian historian Brij Lal was expelled from Fiji after criticising the government that took power in the 2006 coup. He never returned to his home and died in Australia in December 2021.

Call for review of the Public Order Act as government reinstates tripartite forum

In February 2023, the International Labour Organisation (ILO) Pacific director Colin Fenwick called on Fiji to review the Public Order Act. The ILO director said that the Public Order Act continues to pose a challenge for the application of Convention 87 on freedom of association.

Fiji Trades Union Congress (FTUC) National Secretary Felix Anthony echoed similar sentiments. He said: “The Public Order Act has not only denied workers but every citizen of this country their basic human rights and that is not even consistent with the Constitution of this country. So yes, that’s important and that’s also part of the ILO experts report that certain areas of that Public Order Act need to be revisited and amended to ensure rights”.

As previously documented, the Public Order (Amendment) Act has been used to restrict the right to peaceful assembly and association, especially for trade unions.

In May 2023, FTUC National Secretary Felix Anthony said the relationship between the government and the union had improved as the government has reinstated the tripartite forum or the Employment Relations Advisory Board, following an absence of over a decade under the previous regime. He said they are now looking forward to the Labour Law review.

In the same month, the Air Terminal Services board and the Federated Airlines Staff Association (FASA) reinstated 256 terminated ATS workers. The agreement was facilitated by the Deputy Prime Minister and Finance Minister Professor Biman Prasad who said it was a significant step forward in employer-employee relations in the country.

Reforms in the legal sector proposed

The government has proposed reforms to the legal sector. In March 2023, the coalition government said it will review the Legal Practitioners Act 2009. Prime Minister Sitiveni Rabuka said that the current Act was promulgated in 2009, replacing the Legal Practitioners Act 1997 which is a framework to regulate the legal profession and the practice of law in Fiji. However, the current law is considered onerous for lawyers in Fiji and lacking in some instances.

In April 2023, Cabinet approved the re-establishment of the Fiji Law Reform Commission. Prime Minister Sitiveni Rabuka said the Commission was initially established by legislation in 1979 under the Fiji Law Reform Commission Act and its role is to undertake the systematic review, reform and development of laws to make them simple, improved and modern and relevant to society.

However, the Commission has not been fully functional since the coup in 2006 and currently operates as part of the Legal Drafting Department in the Attorney General’s Office. He said the coalition government’s policy was to re-establish the Commission fully so that it is able to carry out its functions as required by law.

Council of chiefs reconvenes after 16 years

Fiji's highest chiefly political body, the Great Council of Chiefs (GCC) reconvened on 24th May 2023 for the first time in 16 years. It is regarded as the apex of traditional Fijian leadership.

The GCC was disbanded in 2007 following the military coup by then-prime minister Frank Bainimarama, who accused it of interfering in politics and inciting racial tension. It was formally abolished by decree in March 2012. Under incumbent Prime Minister Sitiveni Rabuka's coalition government, the decision was made to reinstate the body, which was first introduced under the British colonial government.

In the past, the GCC has been criticised for excluding minority groups such as the country's Indo-Fijian community, but its leaders say the modern organisation is keen to promote multicultural values.