Human Rights groups and the opposition in Fiji are calling on the government to remove all proposed reservations to the United Nations Convention Against Torture.
Transcript
Human Rights groups and the opposition in Fiji are calling on the government to remove all proposed reservations to the United Nations Convention Against Torture.
The treaty obliges countries to prevent torture and redress victims, but some groups are worried the government's reservations will mean leaders accused of past torture will continue to be protected.
Leilani Momoisea reports.
In December 2006, Peter Waqavonovono says he was beaten, abused and humiliated for exercising his right to free speech, and he alleged the Prime Minister, Frank Bainiamarama, was one of those involved in his abuse. The youth advocate and opposition Sodelpa Party member says since then, he's been trying to stop the state from using torture as an acceptable practice for punishing people who speak out against the regime and government. He says parliament's decision to unanimously endorse the ratification of the UN Convention Against Torture is the first step towards this.
PETER WAQAVONOVONO: We've accepted this first step, it's a first step, and it's a first step in the right direction, and I'm happy that at least we're beginning to have the conversation that needs to happen in order for us to embrace democracy.
But he says Fiji is not taking the issue of torture seriously, if it cannot ratify all articles of the UN Convention Against Torture without reservation.
PETER WAQAVONOVONO: The convention as a whole is very important to every citizen in this country. Especially because we have laws in country that protects perpetrators of torture, leaders who use torture as an acceptable practice. We have the immunity decree, we have a whole set of laws that protects coup makers.
Frank Bainimarama, when making his speech to parliament on the ratification of the UN Convention against torture, talked about the negativity of the opposition, which he says is always looking backwards. He says the Fiji Constitution already says every person has the right to freedom from torture of any kind. The Fiji Women's Crisis Centre, while welcoming of the decision to ratify the convention against torture, is also disappointed it will likely be done with reservations. Its legal manager Vandhna Narayan says the current laws in the Fiji constitution do allow people to seek justice for any future acts of torture. But she says article 22 in particular, which the government is expected to reserve, would have provided an additional mechanism of accountability for past torture abuses, which doesn't exist now because of immunity provisions in the Fiji constitution.
VANDHNA NARAYAN: Any criminal activities, any acts of torture that have taken place we believe that people should be held accountable for those, and this was really a good opportunity for Fiji to be able to do that, and to be able to ensure that the ratification of CAT is not just something that is simply done for the sake of it but is something that would actually enable people who would not otherwise be able to have their matters heard, to get a hearing.
The chief executive of the Citizens Constitutional Forum, Reverend Akuila Yabaki, says they have concern with the government's expected reservation to Article 1 of the convention, which defines torture. Reverend Yabaki says this definition of torture is more comprehensive than what is in the Fiji Constitution.
REV AKUILA YABAKI: The reservations made by the FijiFirst government restricts the scope of the application of the convention, and also raises doubts as to the commitment of the government to fulfil it's obligation under the convention.
Frank Bainimarama says Section 11 of the Fiji Constitution arguably provides one of the strongest domestic protections against torture in the world. He says by ratifying the UN convention against torture, Fiji goes a step further by strengthening its opposition to torture in the global community generally.
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