The CCF is a non-government organization that educates and
11th January, 2012
The promise to exercise our right to government and free and fair elections will be severely limited if the spectre of
suspicion and fear of 2000 continues to determine our vision for a free Fiji.
The new Provisions of the “modernized” Public Order Amendment Decree 2012 are untimely and raises serious concerns on
the severe limitation of rights and freedoms.
The lifting of the Public Emergency regulation on January 7th was a positive step. It brought about eagerness amongst
the people to participate without fear during the anticipated national consultations on developing a constitution which
would ensure free and fair elections and sustainable democracy for Fiji.
However, the unprecedented discretionary powers granted to the Office of the Commissioner of Police under Section 11A of
the Decree, has given police sweeping control and influence which are generally bestowed upon members of the Judiciary
in a court of justice.
Without criminal charges being laid, the commissioner has been given powers of the Courts to impose curfews, restrict
freedom of movement, order persons to stay away from a certain area or place and impose a bond for good behavior. CCF
believes these powers would curtail freedom to exercise an individual’s right and is in breach of the following Articles
of the Universal Declaration of Human Rights (UDHR):
Article 2: Freedom from discrimination.
Article 6: Right to recognition before the law.
Article 7: Right to equality before the law
Article 9: Freedom from arbitrary arrest or exile
Article 10: Right to fair public hearing.
Article 12: Freedom from Interference with privacy
Article 13: Right to free movement in and out of the country
Article 18: Freedom of belief and religion.
Article 19: Freedom of opinion and information.
Article 20: Right to peaceful assembly and association
Article 21: Right to participate in government and free elections.
Section 11A (b) of the decree also does not specify how long such “temporary control of persons” is permitted, and begs
the question on the intention of this particular section. It could be perceived as an instrument to limit the rights of
selected individuals from speaking out openly and freely during the national consultations on constitutional development
and electoral reforms.
It is also of concern that section 6 of the decree amends the Act 1969 by granting individual police officers
discretionary powers to use force, including firearms, to disperse any gathering, whether public or private if, the
individual officer deems it is a threat to public safety. Such wide ranging powers in the hands of individual police
officers could lead to abuse against targeted individuals and groups and should be reconsidered.
Under Section 8 of the Public Order (Amendment) Decree 2012, members of the RFMF would now be able to arrest civilians
and conduct the duties of a police officer and prison officers if so directed by their Commanding Officer. This expands
the spheres of control to include the military in addition to the police and the correction services which does not
inspire confidence in the citizens of Fiji who have the perception that they will enter into the Consultation process
without fear or intimidation.
There will always be the potential spoilers, however, in such a critical process, every citizen should have a say. They
must be allowed to express their views so the debate and discussion on key national issues and the way forward
represents the view of all citizens of Fiji, a country of diverse people.
CCF believes that serious consideration should be given to review the decree, as people should now be encouraged to
engage in constructive dialogue, whether in public or private, without fear.
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Reverend Akuila Yabaki
CEO - CCF
The CCF is a non-government organization that educates and advocates for good governance, human rights and
multiculturalism in Fiji. We are not aligned with any political party.
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ENDS