As the Prime Minister is seriously considering a State of Emergency to address the escalating illicit drug problem ,and Police and RFMF joint operations underway, the Fiji Human Rights and Anti-Discrimination Commission stresses that these operations must remain consistent with Fiji’s human rights obligations, at all times.
Commission Director Loukinikini Lewaravu says they share the concerns of the public and the Government on the very grave social, health, safety and security impacts of illicit drugs on individuals, families and communities, especially on young people, children, vulnerable communities, and people with lived experience of drug dependence or mental health challenges.
She says in this regard, and mindful of Fiji’s history and the importance of public trust, they note the ongoing joint operations by the Republic of Fiji Military Forces and the Fiji Police Force aimed at disrupting and dismantling illicit drug operations and networks across the nation, and welcomes their public commitment that all actions will be carried out in accordance with the Constitution, the rule of law, and human rights standards.
However, Lewaravu says they are they are closely monitoring the operations, with particular attention being given to ensuring that the roles of the military and Police remain clearly defined and in compliance with the relevant laws.
They stress on no use of excessive force; any use of force must be necessary, proportionate and in accordance with the applicable legal requirements; arrests and detentions are carried out lawfully and without arbitrariness; and appropriate accountability mechanisms, including independent oversight
bodies and judicial review, must remain in place and be effectively implemented, allowing for complaints, grievances, and redress where abuses or violations are alleged.
The Commission emphasises the importance of keeping proper detention conditions, ensuring humane treatment and protecting individuals including groups of people from abuse during these operations.
The Commission further reminds authorities that drug enforcement efforts can in practice disproportionately affect vulnerable communities.
They say as such, enforcement strategies must be carefully designed and implemented so that they do not lead to discrimination, racial, gender or social profiling, or the stigmatisation of any individual or group.
The Commission further notes that the Prime Minister has met with the National Security
Council to consider possible response measures and strategies, including a State of Emergency to address the growing illicit drug crisis.
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 obligation under international law in relation to a State of Emergency.
The Commission says fundamental rights, such as freedom of movement, expression, privacy, and due process, must not be arbitrarily or unjustifiably suspended.
They say any limitation on these rights must be lawful, necessary to achieve a legitimate purpose, strictly time bound, proportionate to the threat, danger or crisis and non-discriminatory in application.
The Commission says declaring a State of Emergency is an extraordinary and exceptional measure and this is why a State of Emergency is, as the Minister of Defence Pio Tikoduadua has publicly stated, should be a measure of last resort.
They say this aligns with international law and Fiji as a State Party to the International Covenant on Civil and Political Rights, is obliged under Article 4 of the Convention to ensure that Public Emergency is not only a last resort measure, but it must also be temporary, actual and threaten the life of a nation.
They say it should not be used as a precautionary or political measure, but must instead be based on clear, demonstrable necessity and credible evidence that existing legal, defence and institutional frameworks are insufficient to address the threat and danger.
The Commission says while addressing the illicit drug problem is undeniably critical to national security and wellbeing, the response must not come at the expense of democratic principles, human rights and dignity, and the rule of law.
They say a sustainable and effective approach requires strengthening public institutions in particular law enforcement accountability, and incorporating broader strategies, such as rehabilitation services, public education, harm reduction initiatives and engaging the help of the various communities, civil societies, faith-based groups, NGOs and civil societies in this war against illicit drugs.
The Commission is encouraging a balanced, evidence based, rights respecting approach that safeguards both public safety and the fundamental rights of all people in Fiji.
They say in doing so, the Commission calls on Government, to ensure that should a State of Emergency be recommended by the National Security Council, that such a proposal must meet the test of exceptional and last resort; be temporary, strictly time bound; and subject to continuous scrutiny as outlined in section 154 of the 2013 Constitution, with a clear pathway towards the restoration of normal democratic, constitutional governance.
