FIJI: International Bar Association banned from visiting Fiji
Updated
The International Bar Association has effectively been barred from visiting Fiji. The IBA represents jurists around the world. Since the Fijian coup in December 2006, the Association has expressed concerns about the independence of Fiji's courts, and five of its members were to have spent this week in Fiji investigating those concerns. But almost immediately after the planned visit was announced, the interim government made it clear the delegates would not be welcome.
Presenter: Pacific Correspondent Campbell Cooney
Speakers: President of the Fiji Law Society Isireli Fa, Fiji's Interim Attorney General Aiyaz Sayed-Kayum
COONEY: The five members of the International Bar Association were to have spent this week investigating the state of the rule of law, and independence of the judiciary, since the coup. Fiji's Law Society was facilitating the delegation. Society President Isireli Fa says the decision of the interim government to bar entry of one the delegates, British lawyer Felicia Johnston, and with it virtually ban the visit, is a major disappointment.
FA: We have meetings scheduled for today for the various days throughout the week, so there's just a general feeling of disappointment because it would seem that the interim government has been totally misinformed about the purposes and intent of the trip.
COONEY: Fiji's Interim Attorney General Aiyaz Sayed-Khayum says the IBA is welcome in Fiji, just not right now.
SAYED-KHAYUM: There are a number of litigation matters before the court at the moment which would have an impact on anybody trying to carry out an independent assessment of the judiciary. There is the suspended Chief Justice tribunal that was on foot, it's still on foot and in fact the Law Society who I believe is also one of the facilitators of the IBA visit is a litigant, had brought an action against the Jury Associates Commission, and they have just last week said certain members of the judiciary are illegal etc. Similarly the UN rapporteur and the independence of the judiciary and the Bar wanted to visit Fiji earlier this year, and we wrote to him through our mission in the UN and said you're most welcome but please because we've got this litigation before the courts come at another time. He's accepted that, he's deferred his trip. So similarly we said to the IBA you know some of the matters that are before the courts will probably come to a conclusion within the next month or so.
COONEY: As well Mr Sayed Khayum has questioned the agenda of the Bar Association.
KHAYUM: The IBA's agenda was very limited, the list of the people they're going to meet and therefore it would not have been an independent assessment. Now for example in a letter to one of the organisations they wrote here they said they were concerned about the ongoing state of emergency. There's no ongoing state of emergency in Fiji.
COONEY: Mr Fa says these concerns are unfounded.
FA: Not at all, I think the interim Attorney General's fears are in fact misplaced. The International Bar Association have set out a program of visitation and consultation and that visitation and consultation would include the interim government, the judiciary and various non-governmental organisations, and members of the community generally.
COONEY: So far the International Bar Association hasn't said when its visit to Fiji will be rescheduled, or even if it will be. Since the coup in December 2006 it's repeatedly raised concerns in the international media about the impartiality and effectiveness of Fiji's legal system since the military government took power. Given its strong publicly stated stance on these issues, Isireli Fa accepts the interim government might be worried this latest visit would generate more adverse publicity about how it's running the island nation.
FA: That's always a possibility; the interim government should not be concerned about that because they have been maintaining a position that they are transparent in what they're doing, it's for the best interests of the nation. So with that type of position having been taken by them I think that position would have been enhanced.
