Vol. 34 No.242
       ©2007 Marianas Variety
Wednesday, February 21, 2007 www.mvariety.com
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Forum report: Fiji state of emergency not warranted

SUVA (Pacnews) — A wide cross section of Fiji’s community feels that the continuing state of emergency in the country is unwarranted, according to a leaked Forum Eminent Persons Group report.
“This is a major obstacle to a return to normality and the resumption of the rule of law,” the report obtained exclusively by Pacnews said.
At the same time, the group felt that the imposition of the state of emergency has had “an impact on the flow of information to the public and this has reduced the scope for public debate that needs to occur.”
“The EPG heard that many people were unclear about what the state of emergency permitted and prohibited them from saying and doing. This has created an atmosphere in which people feel unable to express their views, and members of the media have been subjected to threats and intimidation in situations where stories unsympathetic to the interim government’s position have been run.”
This, the EPG noted, has led to some self censorship by the media in Fiji.
During a four-day consultations in Suva, the group heard conflicting opinions on the level of support for both the interim and ousted government.
“While many are reticent about expressing their opinions publicly, support for the ousted government among the indigenous Fijians reportedly remains strong while the interim government seems to have gained support among other communities. Polarization of support for the interim and the ousted government will further complicate the situation,” the report noted.
The Forum EPG group also heard concerns about the ability of the Human Rights Commission to fulfill its mandate.
“Citizens subjected to human rights abuses were reluctant to report their experiences to the Human Rights Commission.”
Internal disputes and politicization have undermined the work of the Human Rights Commission, the EPG group noted.
On the judiciary, police and government services, the group was told that their work have been compromised since the events of Dec. 5, 2006.
The report made references to circumstances that led to the removal of Chief Justice Daniel Fatiaki and the appointment of Justice Tony Gates and the suspension of the chief magistrate.
“All these decisions have been questioned. The EPG understands that while the interim government believes that due process was followed in the appointment of Justice Gates and the suspension of Justice Fatiaki, it is not a view shared by many in the Fiji legal community.”
The group was also advised that the Court of Appeal and the Supreme Court may confront operational crisis by mid-year as offshore judges may not seek re-appointment or refuse to sit in protest of the December coup.
Due process was not followed in the termination of contracts for most government chief executive officers, the report said.