State of Emergency must be last resort, says human rights body

The Fiji Human Rights and Anti-Discrimination Commission (FHRADC) has cautioned the Government against the premature use of emergency powers.

The commission warned that a State of Emergency (SOE) should only be declared as a last resort in response to the escalating illicit drug problem.

In a statement, FHRADC director Loukinikini Lewaravu acknowledged comments by Prime Minister Sitiveni Rabuka indicating that the Government was considering an SOE.

She said the commission shared concerns about the serious social, health and security impacts of illicit drugs, particularly on young people and vulnerable communities.

However, Ms Lewaravu stressed that declaring a SOE was an extraordinary measure that must meet strict constitutional and international law thresholds.

“Should a State of Emergency be recommended, the commission emphasises that any such recommendation must be guided strictly by human rights standards and requirements outlined in Sections 43 and 154 of the 2013 Constitution of the Republic of Fiji and Fiji’s obligations under international law,” Ms Lewaravu said.

She said fundamental rights, including freedom of movement, expression, privacy and due process, must not be arbitrarily or unjustifiably suspended.

Any limitations, Ms Lewaravu added, must be lawful, proportionate, necessary, time-bound and non-discriminatory.

Ms Lewaravu also noted Defence Minister Pio Tikoduadua’s public statement that an SOE should be a measure of last resort.

She said this aligned with Fiji’s obligations under the International Covenant on Civil and Political Rights.