Fiji Law Society Raise Concerns About Draft Police Bill 2020

The Fiji Law Society is concerned about some aspects of the proposed Police Bill 2020.

It is understandable that Police powers need to be modernised to meet today’s circumstances, particularly having regard to technology that did not exist in 1965 when the current Police Act was enacted.

However, the increased Police powers go well beyond this and potentially affect fundamental human rights set out in the Constitution and international conventions which Fiji has signed.

The proposed Bill may also conflict with provisions of the Criminal Procedure Act and common law rights to personal and real property and privacy.

The wide scope of the proposed police powers is inconsistent with values of respect for human rights, freedom and the rule of law.

The Fiji Law Society has also previously expressed its concern about the increasingly frequent allegations of police brutality and take note of other allegations regarding the unreasonable detention of persons for up to forty-eight hours.

Against this backdrop, the immunity afforded to police officers under the Bill’s proposed terms must therefore also be carefully scrutinised.

Consultation And Parliamentary Process

The Fiji Law Society commends the Ministry of Defence and National Security & Policing for commencing a public consultation process.

However, this consultation process must not stop here. We do not understand why face to face consultations are currently restricted to the maritime islands and rural areas and that people living in urban areas are to provide their submissions online.

We do not believe this is enough. A proper consultation process should enable all citizens to have an opportunity to make their submissions in person.

A proper public consultation process must also start with information, written in a simple and accessible way, that enables all members of the public, not just lawyers, to understand what is set out in the Bill.

The Police Bill will impact everyone in Fiji so it is critical that the public understands exactly what the Bill proposes.

Public consultation must also continue when the proposed bill is introduced in Parliament.

The Society hopes that the Bill will be referred to a Parliamentary standing committee for review and to receive submissions from the public.

This process will help ensure that Parliament clearly understands the impact, and the public’s views, of the Bill.

The Society will be making submissions and will comment further on the Bill in coming weeks.

Feedback: jyotip@fijisun.com.fj