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Fiji’s Judiciary in Crisis: Lack of Independence and Impunity

The respect for the rule of law has significantly worsened in Fiji, with the country’s judiciary suffering from a lack of independence and effectiveness. The judicial system is plagued by a significant backlog of cases, leading to impunity and undermining public trust.

Judicial System in Crisis

In recent years, political interference has risen, and judicial corruption has become a major challenge to Fiji’s governance structure. The country’s anti-corruption agency, FICAC, was established in 2007 with the mandate to investigate and prosecute corruption cases. However, concerns have been raised about its independence, with critics arguing that it is seen as answerable to the president rather than being impartial.

Challenges Facing Anti-Corruption Agency

  • Lack of independence
  • Concerns about accountability
  • Limited resources

Supreme Audit Institution (SAI)

The SAI, which is responsible for auditing government accounts, has faced challenges to its independence. The auditor general’s reports are often submitted to the Cabinet and not made publicly accessible, raising concerns about transparency and accountability.

Concerns About Transparency and Accountability

  • Reports not publicly accessible
  • Limited oversight of government finances
  • Lack of public trust in audit institution

Office of the Ombudsman

The Office of the Ombudsman, established in 1998, has also been affected by a lack of resources and political interference since the abrogation of the Constitution in 2009. The Elections Office, which is responsible for overseeing elections, has only recently become functional and faces challenges to its independence due to its placement under the attorney general.

Challenges Facing Ombudsman and Elections Office

  • Lack of resources
  • Political interference
  • Limited independence

Media Landscape

The media landscape in Fiji is also restrictive, with freedom of speech and press freedom curtailed by the military government. Reporters Without Borders ranks Fiji 117th out of 179 countries on its Press Freedom Index.

Restrictions on Media Freedom

  • Curtailed freedom of speech
  • Limited press freedom
  • Restrictive media environment

Civil Society

Civil society has faced significant restrictions, including the Public Emergency Regulations, which severely restricts civil society space and gives the government broad powers to regulate public and private spaces for political meetings. Despite these challenges, there are signs of civil society strengthening in recent years, with CSOs forming alliances and organizing joint activities.

Challenges Facing Civil Society

  • Restrictive regulations
  • Limited freedom of assembly
  • Lack of resources

International Community’s Response

The international community has called on Fiji’s government to address these concerns and ensure a more transparent and accountable system of governance. The country’s judiciary must be strengthened to uphold the rule of law and protect human rights.

Recommendations for Improvement

  • Strengthen independence of judiciary
  • Ensure transparency in government finances
  • Protect freedom of speech and press freedom
  • Enhance civil society space

References

  • ADB/OECD (2011). The criminalisation of bribery in Asia and the Pacific.
  • Chêne, M. (2010). Corruption challenges in small island developing states in the Pacific region, U4.
  • CIVICUS (2010). A civic space assessment of Fiji.
  • Freedom House (2012). Freedom of the Press 2012: A Global Survey.
  • Reporters Without Borders (2013). World Press Freedom Index.