PROTECTING FIJIAN HUMAN RIGHTS
LEGAL AID IS A FOUNDATIONAL RIGHT, SAYS LEGAL AID COMMISSION DIRECTOR SHAHIN ALI The Fijian Legal Aid Commission has a mandate to provide all Fijians with access to justice. Access to justice is one of the fundamental forces behind the push for equal and accessible human rights.
Violations of basic human rights occur globally on a daily basis. Most of us tend to be oblivious to this shocking fact, as we cruise through the routine of our day to day lives. We are oblivious to the number of people, made up of flesh, blood and human emotions, who, just like us, were born with the right to live and have access to basic rights. Yet, they suffer.
With the struggles that most people have in their daily lives, it is no surprise that we can find it difficult to worry about things happening to other people. Life is tough, right? Surely, we have to take care of ourselves first. Not according to Shahin Ali, the Director of the Fijian Legal Aid Commission.
He says: “How can we claim to serve justice if we do not protect the human rights of our fellow Fijians?”
“You might think that caring about what happens to an individual is not as important as the needs of the community as a whole. This is not true. We must care. We as lawyers have legal and ethical responsibility, but more importantly, as Fijians, we have a social and moral responsibility to look out for our fellow Fijians in need.”
Mandate of the commission
The Fijian Legal Aid Commission’s mandate to provide all Fijians with access to justice addresses this very pertinent issue. Legal aid is a foundational right and ensures fundamental fairness and public trust in the justice system.
Legal aid is also the foundation for the enjoyment of other rights enshrined in the Fijian Constitution, with access to justice being at the core of such a fundamental right. Whether it be criminal, family, or civil law, or be it a child, a person with a disability and special needs, or a person in a vulnerable situation or condition, the commission stands ready to assist.
As the largest provider of legal aid services in Fiji, the commission’s relentless dedication to Fijians has been demonstrated through their recurring success over the years and consistent educational and awareness programs aimed at getting Fijians to be aware of their rights.
One of the core mandates of the Legal Aid Commission is to educate and create legal awareness to empower Fijians on their rights under the Fijian Constitution and the services available to them through a State-funded legal aid scheme. Their roadshows around the country are just one way in which they reach out to Fijians. The rapid expansion and extension of legal aid services around the country have also resulted in an increased client base, which is a solid indication of the demand and confidence Fijians have in the Legal Aid Commission.
Contribution of the commission
The commission’s immeasurable contribution to the lives of many Fijians can also be seen in the implementation of its revolutionary First Hour Procedure, a major win for the cause and fundamental protection of human rights in Fiji.
The First Hour Procedure, which, since its inception, has helped thousands of Fijians in potentially vulnerable situations, involves rendering legal advice to a suspect within the first hour of arrest, noting that suspects are most vulnerable during this time.
Life and the preservation of it should be at the core of all decisions when dealing with the life of a human being. Human rights are universal and apply across all socio-economic, cultural, religious and political divides. Although the world is far more integrated and demographically mixed than ever before, this does not serve to devalue the rights we have as an individual.
What this means is that with our comprehension of empathy and compassion only growing stronger as we evolve as a society, we should have a greater understanding of ourselves, our peers and our collective rights as human beings.
Regardless of the nuanced and manifold viewpoints, one can hold in relation to the existence of the human condition, one thing remains certain, access to justice is a necessary condition for the protection of human rights.
Access to justice
According to Article 8 of the Universal Declaration of Human Rights, “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law”.
Access to justice in its most accessible form is the ability of people to seek and obtain a remedy through formal or informal institutions of justice for grievances in compliance with human rights standards. It is much more than just improving an individual’s access to courts or guaranteeing legal representation.
This necessary condition, not only involves normative legal protection, but legal awareness, legal aid and counsel, adjudication, and enforcement. It is supportive of sustainable peace by affording the population a more attractive alternative to violence in resolving personal and political disputes.
As a human being with a right to life, we should be more than aware of what is accessible to us. The most basic entitlement that we as individuals have is our own free will.
Our actions are not only determined by inside or outside forces, but as a result of freely made personal decisions. What this means is that we are more than capable of accessing and rightly claiming our access to justice, and thus our rights.
Access to justice will always be our fundamental human right. The day that we lose sight of all that is essential to human life, is the day the door will officially close on our society’s morality.
Access to justice is one of the fundamental forces behind the push for equal and accessible human rights.
Existence of the commission
Here in Fiji, the Legal Aid Commission exists to provide access to justice. Their primary role is to provide free legal services to those people who are unable to afford the services of a private legal practitioner.
With more than 200 staff members and 19 offices spread across the country, a robust social media presence and their new online application portal, they are more than equipped to educate Fijians on their rights and support those in need.
The commission strives to achieve greater accessibility through professional, efficient and quality legal aid services. To represent those who are unable to afford such assistance, including women, children and those in vulnerable situations and or conditions. To play such a vital role within the justice system in Fiji only pushes the commission to continue its mission to serve our nation and ensure access to justice for all.
Every year, thousands of Fijians, who were previously denied justice or taken advantage of by some unscrupulous private lawyers, are helped by Legal Aid Commission Fiji through legal representation in criminal, civil and family matters, legal advice or even witnessing of documents and making of wills. We ensure that the vulnerable and those that have no other options – are granted their basic rights in moments of need.
So the next time you walk past one of their 19 offices, walk in. Get some free legal advice, seek legal representation, or get your will made for free. These services are provided so that you get the help you need in moments of need.
The best way we can contribute is by doing the same as the Legal Aid Commission – help your fellow Fijians!
As Director Ali says: “We must ask ourselves one question. How would I like to be treated in these same situations?”
...as Fijians, we have a social and moral responsibility to look out for our fellow Fijians in need.
Shahin Ali Director, Legal Aid Commission