Fiji clampdown - any parallels?

Days after Fiji lifted controls comes this.

This story got conspicuous coverage on the television news in New Zealand last night.

However, when I look this morning, apart from a brief mention in the New Zealand Herald there is not mention - nothing at all from Radio New Zealand.

Whether this is to be explained by the fact that it is summer and all the journalsits are on holiday I don’t know.  It is strange, especially given NZ’s conspicuous concern with democracy in Fiji.

In any case the parallels with the NDAA Infinite Detention provisions in the United States (which have also eluded mention in the New Zealand press) scream out for those in the know.


More commentary coming.

New Fiji clampdown puts firm lid on freedom

TVNZ,

11 January, 2012

Fiji's military regime is tightening its grip on power despite lifting emergency regulations only days ago.

The military dictatorship has given itself huge powers under a public order decree which cannot be legally challenged.

Under the new rules, anyone who takes part in what is considered a meeting with no permit - even if it is in a private home - faces up to five years in prison.

Soldiers can take on the role of police officers, and if there is a meeting and they feel public safety is at risk they can use whatever force necessary including the use of arms.

Any decision made under the public order decree cannot be challenged in court.

The Fijian Government says the laws have been designed to prevent dangerous elements from threatening the promised elections in 2014.

"This modernisation is necessary to effectively address terrorism, offenses against public order and safety, racial and religious vilification, hate speech, and economic sabotage," said Commodore Frank Bainimarama

But New Zealand Law Society says the new rules are draconian.

"When any legislature, any lawmaker tries to oust the jurisdiction of the court, they do that for only one reason - because they know their conduct wont stand scrutiny," said Law Society president Jonathan Temm.

Temm says New Zealanders going to Fiji should be aware of the new rules.

"They are moving into a regime where the rule of law is not being abided by as they would expect in Australia and New Zealand."

Power grab

Former Lieutenant Colonel with the Fijian army Ratu Tevita Mara said the new decree is further evidence Frank Bainimarama is trying to tighten grip.

"He has no intention of giving up power," Mara said.

Foreign minister Murray McCully says he is disappointed this decree reproduces restrictions on freedom of expression.

He said he hopes the regime understands the international community is watching for signs that public consultations due to start next month happens in an environment where there can be genuine political debate. 

ONE News pacific correspondent Barbara Dreaver said the controls are "extremely drastic."

"When I was reading through the act today it gave me huge concern," she told TVNZ News at 8.

"I've known it's a military dictatorship, but when you see the powers that this military regime now has, it is cause for huge concern.

"If the police kill someone under this act, which they can do - they're allowed to use arms at a meeting if they're trying to break it up - they can not be held accountable in court."

Controls under the decree include:

- The minister can prohibit the manufacture, sale use display or possession of any flag, banner, badge, emblem, device, picture, photo, uniform or distinctive dress.

- Commissioner of Police or a Divisional Police Commander can prohibit or put conditions on processions, meetings or assembly in any place.

- Anyone who takes part in a meeting, public and private, for which no permit has been issued, or contravenes the permit is guilty and shall be liable to a $10,000 fine or 5 years in prison.

- A commissioner of police, concerned about someone likely to cause or provoke a breach of the peace, can make someone live in an area/place where specified and not leave that area/place, give a curfew to, not allow to leave Fiji, make pay a bond of good behaviour.

- Any member of the Fiji military forces can do all the duties and functions of a prisons officer or police officer.

- No court, tribunal, commissioner can accept, hear, determine or challenge at law any decision made by Commissioner of Police, minister or any public official under this act.

This is the official NZ government warning about travel to Fiji

There is some risk to your security in Fiji due to the unresolved political situation and deterioration in the rule of law following the December 2006 military coup and we advise caution.

Political situation

Fiji is currently ruled by decree which gives the police and military extensive powers.  Public Emergency Regulations were lifted on 7 January 2012 but many restrictions remain in place as set out in the Public Order Act (Amendment) Decree of 6 January 2012. 

Public gatherings of three or more persons may be subject to police scrutiny.  The military maintains effective control of a number of government departments and statutory authorities, including the police.  There continue to be examples of a deteriorating respect for the rule of law in Fiji. 

Currently Fiji is calm but a rapid deterioration to the situation, including the potential for civil disorder and violence, cannot be ruled out.  New Zealand citizens in Fiji should be security conscious at all times, avoiding any demonstrations, large gatherings and areas of military activity, especially in and around the capital Suva.  We recommend New Zealanders in Fiji maintain a low profile.

New Zealand citizens have previously been detained and deported by the military-led government in Fiji.

Crime

There are indications that crime levels are increasing in Fiji.  Robbery, theft and incidents of assault have been reported by locals and tourists alike, with most occurring at night and in urban areas.  New Zealanders are advised to take particular care with cash and credit cards, especially when using Automatic Teller Machines (ATMs).

Tourists are often targeted upon arrival at the main international airports of Nadi and Nausori, with the opportunistic theft of passports and unattended luggage.  Personal belongings should not be left unattended - including in locked vehicles - as they present an easy target for the opportunistic criminal.