Fiji Human Rights Commission - The 2009 Commission

The 2009 Commission

In May 2009, President Iliolo's Human Rights Commission Decree 2009 (No. 11) reconstituted the institution, considerably reducing its independence. The Decree stipulated that "the functions, powers and duties of the Commission do not extend to receiving complaints against, or investigating, questioning or challenging, the legality or validity of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009, or such other Decrees made or as may be made by the President" - thus prohibiting it from challenging any extant or future Decrees whether or not they were compatible with human rights. Any complaints or proceedings already under way on such matters were annulled. The new Commission, according to the Decree, was to have a chair appointed by the President, and two other members appointed by him on the advice of the Prime Minister. Nothwithstanding provisions in the UN Paris Principles as to the security in office of NHRI members, Decree No. 11 stated that any of the three members could be removed from office by the President for matters such as "misbehaviour", or by giving one month's notice. The government had unlimited powers to give the Commission "general policy guidance", and was responsible for the structure and management of the body.

The appointments envisaged by the Decree, which removed Shaista Shameen from office as Chairwoman (and as Ombudsman, an office to which she had also been appointed), have never been made (as of October 2011); thus the Commission has since existed merely as an office and a staff group, but without the members required to direct its operations. Although there have been numerous allegations of serious human rights abuses in Fiji after the Decree, the Commission has not brought any proceedings in relation to them.