Ashwin Raj says Human Rights Commission is independent and truly autonomous

The Director of Fiji Human Rights and Anti-Discrimination Commission and Chair of Media Industry Development Authority Ashwin Raj says it is unfortunate that the UN Commissioner for Human Rights Zeid Ra’ad Al Hussein never raised issues with him that Raj holding the MIDA and Commission positions may give rise to the perception that there could be conflict of interest.

Hussein had made the comments after ending his visit to Fiji.

Raj says the comments by the UN High Commissioner appears to have given politicians - who have been either silent, complicit in the perpetuation of hate speeches, or launching attacks on the Human Rights Commission in the name of freedom of expression - a new lease of life and a convenient temporary distraction from the controversies surrounding the announcement of political candidates with dubious disposition - the fact remains that should Raj resign from both these positions, Fiji will still have to grapple with issues of hate speech, incitement to violence, reporting that lacks impartiality, accuracy, balance and fairness, balancing freedom of expression with the right to reputation, privacy and human dignity.

Raj says he will continue to speak out against hate speech and unfortunately some politicians are using hate speech, and are saying that it is their freedom of expression.

He says a simple talanoa suggested by the UN High Commissioner will not solve this as we have had a history of violence which all began from hate speech.

The UN High Commissioner had also urged the Fijian Government to ensure that its independent institutions are truly autonomous – in its finances, administration and membership.

Raj also says that the constitution guarantees the administrative and financial autonomy of the Human Right Commission and also requires that the Parliament shall ensure that adequate funding and resources are made available to the Commission, to enable it to independently and effectively exercise its powers and perform its functions and duties.

However he says he leaves the question of the Commission’s autonomy to the child who was removed from school on the grounds of her religion, conscience and belief, the child who was sexually assaulted and denied medical examination, women who are victims of gender based violence, the Iranian refugee who was desperately seeking refuge in Fiji amidst calls and pressure by leaders of the two political parties who are now tweeting and quoting the UN High Commissioner’s statement on the state to deport without delay, the HIV positive individual who had difficulty accessing much needed anti-retroviral drugs because of the stigma of Lesbian, Gay, Bisexual, Transgender and Intersex persons, the individual who was stopped from donating blood due to his sexual orientation and the LGBTI persons and in particular the transgendered community and the discrimination they have suffered in accessing justice, securing accommodation and finding jobs that afford them human dignity.