Human rights head hits out at Rabuka’s claims

Human Rights and Anti-Discrimination Commission director, Ashwin Raj yesterday didn’t mince words after refuting comments made by Social Democratic Liberal Party (SODELPA) leader, Sitiveni Rabuka. Mr Rabuka claimed Mr Raj had failed in executing his job as expected in addressing issues of human rights in Fiji, and that he should resign immediately.

“I will continue to speak out against racism and other forms of discrimination unabashedly and without fear,” Mr Raj said in response.

He said it was fully within the constitutional mandate of the commission to stand up against all prohibited grounds of discrimination including hate speech.

The commission, Mr Raj said was under constant attack by two Opposition political parties, namely the National Federation Party and SODELPA.

He said they claimed the commission needed to focus on real human rights issues after having publicly demonstrated its independence over the past years.

Mr Raj the commission has made the following human rights interventions:

Investigated allegations of Police brutality and issued very public statements condemning such acts, calling for independent investigations and accountability. Established a human rights wall in Police stations outlining the constitutional rights of arrested and detained persons.

The Commission ensured that the constitutional rights of politicians (including Rabuka and Biman Prasad) arrested for allegedly breaching the Public Order Act were protected.

The commission has monitored places of detention including Police cell blocks, Department of Immigration safe house, hospitals and 32 visits to prisons around the country in the last five months alone.

The commission is independently investigating the death in Police custody of an 18-year-old.

The commission took a very public and independent stance on the issue of the Iranian refugee which was openly critical of the current Government.

Intervention to ensure access to justice for foreign nationals (Tunisia, Sierra Leon, Afghanistan, Bangladesh, Egypt, Indian and Pakistani) nations detained in Fiji prisons.

Intervention on the issue of human trafficking where the travel documents and passport of a Filipino worker was confiscated by his employer for over two years.

In the area of social and economic rights, the commission has intervened to protect over 200 families likely to be displaced.

Made applications to court as amicus on the unlawful detention of children as well as human rights conditions in places of detention.

Submissions to relevant Parliamentary Standing Committees on Bills that explicitly affect human rights such as the Rights of Persons with Disabilities Bill, Information Bill, Parliamentary Powers and Privileges Bill and Adoption Bill.

Inspection of evacuation centres post Tropical Cyclone Winston in ensuring that minimum human rights standards were met.

The commission has investigated workplace discrimination on the basis of sexual orientation, race, gender, pregnancy and age.

The commission has investigated sexual assault of children as well as the denial of prompt medical examination and treatment.

The commission is actively fulfilling its education and advocacy agenda by conducting gender based violence and human rights training for the Fiji Police Force; human rights education in schools and communities; training on the first hour procedure to ensure early access to justice; and currently conducting training on the rights of the child in the administration of justice.

Intervened to secure a permit for civil society to march on Human Rights Day.

Commending Government where human rights strides have been made such as the ratification of the Convention Against Torture, amendments to the Public Order Act.

The fact of the matter was, Mr Raj said, the commission was in good standing not only with ordinary Fijians but also with the international community as evidenced by the continued support that commission had enjoyed from Fiji as well as Asia-Pacific Forum of National Human Rights Institutions (APF) and the Global Alliance of National Human Rights Institutions (GANHRI).

“It is quite ironic that Mr Rabuka alludes to Paris principles while in the same breath proceeds to admonish the national human rights commission for speaking out against racism.

“The continued attacks on the independence of the national human rights commission by the leaders of SODELPA and the NFP is in fact an anathema to the Paris principles!,” he said.

Mr Raj said Rabuka incorrectly stated that the director was appointed by the Government before the appointment of the human rights commissioners.

“The fact of the matter is that Government did not appoint Ashwin Raj as Director.

“The chairperson and commissioners were appointed by the Constitutional Offices Commission in May 2015, the director was appointed in February 2016,” he said. Mr Rabuka, he said, had misled the public about sedition and freedom of expression.

He added racism affected all Fijians.

“To stand up against racism is not to serve the FijiFirst agenda as the leader of SODELPA has intimated, there is no shame in speaking out against racism and other forms of discrimination,” he said.