Fiji ban on International Bar Association visit may be lifted next yea

Updated November 27, 2008 15:32:23

Fiji's interim government says its ban on a visit to the country by a delegation from the International Bar Association is not permanent. The IBA was refused permission to enter Fiji to conduct a review of the judicial system since the 2006 coup.Fiji's interim attorney-general, Aiyaz Sayed-Khaium says the request was turned down because the IBA didn't follow proper proceedure, but they may be allowed to come as early as next year.

presenter: Bruce Hill
Speaker: Fiji's interim attorney-general, Aiyaz Sayed-Khaium

BRUCE HILL: The International Bar Association would have been the fourth international group to take a a look at the workings of Fiji's judiciary since Commodore Frank Bainimarama staged a coup and took over as Prime Minister two years ago. The Forum Eminent Persons Group, law Asia and the European Union have already conducted similar reviews but Interim Attorney-General Aiyaz Sayed-Khaiyum has told the International Bar Association they can't come to Fiji just now.

AIYAZ SAYED-KHAIYUM: They are welcome to come to Fiji but not now. We have already had three independent groups coming into Fiji, starting off with the Forum Eminent Persons Group that came early last year. Subsequently we had Law Asia and after that we had the European Union that sent in the independent panel consisting of retired judges, etc. None of these people, and I repeat none of these investigation teams, have found any interference with the judiciary by the executive.

BRUCE HILL: Fiji's Interim Attorney-General has told the IBA they should follow what he says is the correct procedure if they want to come.

AIYAZ SAYED-KHAIYUM: What we have said to the IBA, as we have said to them previously, is if they want to engage in a meaningful and independent assessment of the judiciary and rule of law in Fiji that they do pre-judge matters. Secondly, the must follow the proper protocol which is asking the country in which they want to go and carry out investigations what time would be appropriate and asking the Chief Justice if they want to talk to the judiciary - as to what time would be appropriate - and then making various arrangements.

BRUCE HILL: You say they could come at a later stage. How much later?

AIYAZ SAYED-KHAIYUM: I cannot say at this particular point in time. We have already had, like I've said, a recent investigation team coming through. We've got a legal recess that is coming up. A lot of the judges, as you know, in Fiji are expatriates. They won't be here. They go back to their respective countries for leave. So the IBA will not necessarily have the ability to meet all the judges. And, therefore they could be invited to come next year. It could be early next year.

BRUCE HILL: Aiyaz Sayed-Khaiyum has also criticised the IBA's impartiality. He says they've already prejudged the situation in Fiji.

AIYAZ SAYED-KHAIYUM: And the growing reality in Fiji is very, very different to what has been portrayed by the IBA. And since my letter to them a few days ago they have suddenly said that this goes to show how bad things are in Fiji. They have not even arrived here. How can they be independent when they say this is how bad things are in Fiji?

BRUCE HILL: There's been some local reaction to the President of the Fiji Law Society Dorsami Naidu who says he can't see any other reason why the interim government is stopping the International Bar Association from coming to Fiji unless you've got something to hide.

AIYAZ SAYED-KHAIYUM: Dorsami is a litigant or was a litigant in a couple of matters and one of them is afoot. Dorsami has got various (matters) against him which he has to pay the state. The other issue is that Dorsami also knows that the EU had carried out an assessment and did not find anything adverse. He also knows that Law Asia carried out an assessment and did not find anything adverse. Now to go around speculating and making these sorts of comments actually does feed into a bit of a media frenzy about reporting on some tinpot country in the South Pacific islands where you have the Prime Minister who is the commander of the military - it kind of, you know, rings quite well with those foreigners who are sitting out there making judgement calls on Fiji.