The University of Fiji has called for a modern, proportionate and constitutionally grounded legal framework as part of its formal submissions on the proposed Counter-Narcotics Bill, urging the government to adopt a system that is tough on organised trafficking while strengthening rehabilitation and public health responses.
Led by the Office of the Vice-Chancellor’s Legal Unit, the submission responds to the Counter-Narcotics Bill currently under consideration and outlines what the University describes as a smarter, fairer and more effective counter-narcotics system.
Vice-Chancellor Professor Shaista Shameem says that, as the custodian of mainly young people between the ages of 17 and 24, it was vital that the University gave the issue thoughtful, intelligent, practical and justice-based consideration.
She says that while the submissions do not underestimate the extent of the narcotics crisis confronting Fiji, a common-sense discretionary approach is required, one the judiciary has already been exercising since the landmark decision in State v Audie Pickering in 2001.
Professor Shameem described the review of the outdated Illicit Drugs Control Act as a critical opportunity for Fiji to adopt a smarter, fairer and more effective counter-narcotics system; one that targets trafficking networks while ensuring vulnerable users are not unnecessarily criminalised.
The submission states that the current single-offence structure under the Act has proven inadequate, although the judiciary has been working creatively to distinguish between users, dealers and traffickers through sentencing and case law.
Professor Shameem says their proposal provides the legislative structure the Judiciary has already been applying in its decisions.
The University proposes a three-tier classification model, similar to those in Australia and New Zealand, separating consumers, mid-level suppliers and traffickers.
It says small-quantity possession would be treated as a civil infringement, dealers would face proportionate criminal penalties, and traffickers and financiers of drug networks would face the strongest sanctions, including long-term imprisonment.
It adds that the submission emphasises that decriminalisation of small-quantity possession is not legalisation and that drugs would remain illegal.
The University says the submission frames the approach as a public health protective measure supported by international jurisdictions and organisations, including the World Health Organization and the United Nations Office on Drugs and Crime, with the purpose of targeting the network, not just the street.
Among other recommendations are extending offences to persons who knowingly allow their premises to be used for drug manufacture, storage or distribution, and legislated aggravating factors such as the involvement of minors, weapons, violence, corruption and organised criminal participation.
A major feature of the submission is the urgent need to expand rehabilitation capacity in Fiji.
The University proposes legally recognised Drug Dependency Assessments, Community Treatment Orders and Residential Treatment Orders, supported by licensed rehabilitation facilities approved by the Ministry of Health.
Professor Shameem says that without rehabilitation infrastructure, Fiji cannot meaningfully reduce demand or support families affected by addiction.
The submission also revisits a policy question first raised publicly in 2021 during a University roundtable on Fiji’s National Development Plan post-COVID-19, on whether Fiji should consider a strictly regulated medicinal cannabis framework, including doctor-prescribed access and the potential for pharmaceutical-grade export.
Professor Shameem clarified that this was not a proposal for recreational use but an evidence-based question for national economic and health policy evaluation.
Responding to issues raised during consultations, the University opposes introducing the death penalty, stating it violates Fiji’s constitutional protections against cruel, degrading and inhumane punishment.
The University says it does not support classifying drug trafficking as terrorism, cautions against customary by-laws involving community exclusion, and opposes mandatory bail restrictions, affirming that bail decisions must remain risk-based and judicially determined.
On specialised Drug Courts, the submission states that the government must consider whether strengthened laws within the existing judicial system are sufficient. Instead, it supports a Specialised Drug Infringements Tribunal for minor offences, while serious trafficking matters should remain within Fiji’s higher courts.
Professor Shameem says the submission provides a balanced, evidence-based path forward for Fiji; one that is tough on traffickers, fair to vulnerable users, aligned with international standards and underpinned by the Constitution.
The University hopes its recommendations will assist in developing legislation that effectively combats organised drug activity while strengthening rehabilitation, public health and the justice system in Fiji.
