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TITLE:  FIJI HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                              FIJI


Fiji's system of parliamentary democracy was interrupted in
1987 by the installation of a military-led regime following two
bloodless coups.  Fiji returned to elected government in 1992.
That government fell in November 1993 over failure to pass a
budget for 1994.  The subsequent general election in February
1994 returned substantially the same government to office.

Ethnicity plays a major role in Fiji's politics, economy, and
society.  Fiji's more than 770,000 people constitute a
multiracial society about evenly divided between indigenous
Fijians and ethnic Indians.  Indo-Fijians dominate the economy
and professions and are well represented in the lower and
middle levels of the public service, while ethnic Fijians
control the political structures and land rights and make up
the bulk of the nation's military forces.

The small but professional Fiji Military Forces (FMF) and a
separate police force report to and are under the control of
the Minister for Home Affairs and, ultimately, the President.
In 1990, the Government also established the Fiji Intelligence
Service, with limited powers to search people and property, tap
telephones, and open mail.  There continue to be reports of
human rights abuses by the police.

Sugar and tourism constitute the mainstays of the economy,
accounting for almost half of the nation's foreign exchange
earnings.  The Government is promoting light manufacturing for
export, notably in the garment industry, to diversify the
economy and lessen its dependence on sugar and tourism.

The principal human rights problem in 1994 remained
constitutionally imposed and ethnically based political
discrimination.  Improvements in labor rights following the
1993 revision of certain restrictive 1991 labor decrees
continued.  Other human rights abuses include police brutality,
inhibitions on freedom of the press, continued delays in
bringing criminal and civil cases to trial, and violence and
discrimination against women.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political killings by the Government
or any political group.

There was one accusation of a death in official custody from
unnatural causes.  A man was killed, apparently while being
arrested.  Police claimed the victim brandished a knife.  Other
witnesses said he was drunk but unarmed and that the police
used excessive force.  The three officers involved were
charged, suspended from the police, and at year's end were
awaiting trial.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Police sometimes physically abuse detainees; the authorities
have punished the offending officers in some instances, but
punishments have been light and thus have not served as an
effective deterrent to others.  The police department's
internal affairs unit investigates complaints of police
brutality and has begun to work with the Ombudsman's office to
ensure impartial observers in the investigation of complaints
about police conduct.

The law permits corporal punishment as a penalty for criminal
acts; strokes of the cane are administered under medical
supervision, but this provision is rarely invoked.

     d.  Arbitrary Arrest, Detention, or Exile

The Law of Arrest and Detention provides that a person may be
arrested only if police believe that a breach of the criminal
law has been or is about to be committed.  Arrested persons
must be brought before a court without "undue delay."  This is
taken to mean within 24 hours, with 48 hours as the exception
(such as when an arrest is made over the weekend).  Rules
governing detention are designed to ensure fair questioning of
suspects.  Defendants have the right to a judicial review of
the grounds for arrest; in urgent cases defendants may apply to
a judge at any time, whether he is sitting or not.
Incommunicado and arbitrary detention, both illegal, did not
occur in 1994.

Exile is not practiced.

     e.  Denial of Fair Public Trial

The judicial structure was reorganized under the 1990
Constitution.  The principal courts are the magistrate courts,
high court, and the Court of Appeal.  The Constitution also
provided for a Supreme Court as the court of final appeal, but
to date it has not been established.  The Court of Appeal is
slowly reducing the enormous backlog of cases caused by the
Government's failure to appoint a president for the court until
December 1991 and the court's consequent inability to convene
before that time.

There are no special courts; military courts try only members
of the armed forces.  Magistrate courts continue to try the
large majority of cases.  In addition to its jurisdiction in
serious civil and criminal cases, the high court is granted
special interest jurisdiction on behalf of the public and is
empowered to review alleged violations of individual rights
guaranteed under the Constitution.

The judiciary is independent under the Constitution and in
practice.  There were no credible reports in 1994 that a court
was influenced by the executive.

The right to public trial is guaranteed and defendants have the
right to counsel.  Trials in the high court provide for the
presence of assessors (citizens randomly selected to represent
the community); cases in the magistrate court do not.  In
litigation involving lesser complaints, a public legal advisor
assists indigent persons in domestic or family law cases.  The
right of appeal exists but is hampered by continuing delays in
the appeals process.  Bail procedures mean that most defendants
do not experience any pretrial detention.

The law sometimes treats women differently from men.  In some
instances there is a presumption of reduced competence and thus
reduced responsibility.  For example, only women can be charged
with infanticide (if a man kills an infant it is treated as
murder).  A woman in an infanticide case is presumed to have
diminished mental capacity, and sentences are reduced
accordingly.

There are no political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

In general, privacy of the home is respected.  However, the
Intelligence Service has powers to search people and property,
open mail, and tap telephones when a warrant is issued by the
National Security Council, within specific operational
guidelines outlined in the government decree which created it.
The Intelligence Service does conduct surveillance of persons
it believes represent a security threat.  Some political
dissidents believe their telephones and mail are monitored, but
they have not provided substantiating evidence.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Freedom of speech is generally respected.  Political figures
and private citizens can and do speak out against the
Government.  Although the Public Order Act and other acts
prohibit actions that are likely to incite racial antagonism,
no arrests for making public statements were reported or
believed to have occurred in 1994.

The Government has broad discretionary powers to impose
restrictions on press freedom, and has used them in the past.
The possibility of their use also serves to encourage media
self-censorship.  Concerned over the publication of material
embarrassing to government figures, the Government renewed
discussion of regulating the media.

The Government effectively pressured one weekly newspaper
publisher to suppress publication of information about the
private life of a senior government official.  The Government
also expressed its extreme displeasure over what it considered
a lack of media accountability for its errors and a lack of
recourse for those who felt they had been wronged in some way.
Inferring a threat of an imposed media watchdog body, late in
the year senior media representatives created the Fiji News
Council, although with less than universal participation by
media outlets and with considerable opposition from working
journalists.

Legislation pertaining to the press is contained in the
Newspaper Registration Act (NRA) and the Press Correction Act
(PCA).  Under the NRA, all newspapers must be registered with
the Government before they can begin publishing.  The PCA gives
the Minister of Information sole discretionary power to order a
newspaper to publish a "correcting statement" if, in his
opinion, a false or distorted article has been published.
Should the newspaper refuse to publish the Minister's
correction, it can be taken to court and, if found guilty,
fined approximately $700 (individual persons convicted under
the Act may be fined approximately $150 and/or imprisoned for 6
months).  The PCA allows the Government to arrest anyone who
publishes "malicious" material.  This includes anything the
Government considers false news which could create or foster
public alarm or result in "detriment to the public."

The media operate without prior censorship but with
considerable self-censorship.  Newspapers occasionally print
editorials critical of the Government, but rarely do
investigative reporting.  They widely report statements about
the political situation by opposition figures and foreign
governments.  The letters columns of the two daily newspapers
also frequently carry political statements from a wide cross
section of Fiji society, including members of the deposed
precoup government, which are highly critical of the
Government, its programs and the Constitution.
Criticism--albeit muted--of the once sacrosanct traditional
chiefly system is beginning to appear.  However, the Government
still views comments about individual chiefs with disfavor.

An active local organization, the Fiji Islands Media
Association (FIMA), is an affiliate of the regional Pacific
Islands News Association (PINA).  Both FIMA and PINA are
pressing for better training and the establishment of codes of
ethics for journalists.  The Government provided space for
housing the Fiji Journalism Training Institute.

The advent of television has raised the specter of censorship,
openly advocated by the head of the powerful Methodist Church
in Fiji and others.  Fiji's "temporary" television service
phased into a "permanent" service in July.  News production is
still in the hands of the Government's video unit and can be
characterized as a digest of government activities, actions,
and viewpoints.

While academic freedom is respected, the Government has
effectively deterred university employees from participation in
domestic politics.  Since 1991 staff members of the Fiji-based
University of the South Pacific must take leave if they run for
public office and must resign from their posts if elected.
Senior staff may not hold office in political parties.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides the right to assemble for political
purposes, subject to restriction in the interest of public
order.  District officers must issue permits for public
gatherings.  The Government does not always grant permits for
large outdoor political meetings or demonstrations,
particularly if the police advise of difficulties with the
anticipated crowd size or their ability to assure public
safety.

There was no government interference with political activities
during the February general election.  Permits were routinely
issued for rallies organized by political parties, religious
groups, and groups opposed to the Government.  All opposition
party headquarters remain open.  Political organizations are
allowed to operate and issue public statements.  They did so
repeatedly and openly throughout the year.

     c.  Freedom of Religion

The Constitutional provision for freedom of religion is honored
in practice.  The Government does not restrict foreign clergy
and missionary activity or other typical activities of
religious organizations.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Government does not restrict freedom of movement within the
country or abroad.  Occasional detentions at the airport occur,
but the courts do not hesitate to order redress where this is
warranted.  Fiji citizens are free to emigrate, and the
Government does not restrict their return if they choose to do
so.  There are no refugees in Fiji and no forced resettlement
programs.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

The constitutional provisions ensuring political dominance by
ethnic Fijians, primarily through race-based voting rolls and
representation in Parliament, abridge the right of citizens to
change their government.  Moreover, the Constitution was
promulgated by a nonelected interim government and has not been
approved by a national referendum.  At year's end it was  under
review by a parliamentary select committee.

The Constitution guarantees ethnic Fijian dominance of the
Government by providing them with 37 of 70 seats in the elected
lower house of Parliament.  Indo-Fijians are accorded 27 seats,
Rotumans (culturally distinct Polynesians) 1, and all others
5.  In the Senate (an appointed body with essentially review
powers and the right to veto legislation), ethnic Fijians hold
24 of the 34 seats, Rotumans 1, and the other groups 9.  Other
constitutional features designed to ensure ethnic Fijian
dominance include a requirement that the Prime Minister be an
ethnic Fijian and selection procedures which virtually ensure
that the President will also be an ethnic Fijian.

The Constitution also incorporates a bill of rights, providing
for freedom of speech, assembly, religion, and other
universally accepted rights and freedoms.  These rights may not
be altered by Parliament except with the approval of two-thirds
of the lower house.  However, Parliament is also given the
authority to pass special acts to deal with certain specified
emergency situations, notwithstanding human rights guarantees
found in other sections of the Constitution.  The Attorney
General's office has taken the view that any legislation
introduced under the emergency powers provision would require
the approval of two-thirds of the lower house.  Critics of the
Constitution maintain that only a simple majority would be
needed and that indigenous Fijians in the lower house would be
able, solely on the strength of their own numbers, to abrogate
constitutional human rights protections.  This interpretation
has never been tested.

The President is selected by the Great Council of Chiefs (GCC),
a traditional Fijian leadership body.  The President appoints
the Fijian members of the Senate on the advice of the GCC and
the provincial councils, and on his own judgment with regard to
the nine members of other races.  He appoints the one Rotuman
senator on the advice of the Rotuman Council.  The President
chooses the Prime Minister, who, along with the Cabinet, holds
most of the executive authority, from among the Fijian members
of the lower house on the basis of ability to command majority
support within that body.

Elections are held by secret ballot, with voting only by
communal constituencies.  The Constitution calls for elections
every 5 years, but the Government may call an election at any
time as it did the snap general election in February after
failing to pass its 1994 budget.  The Constitution provides for
a formal review of its provisions within 7 years of its
promulgation and every 10 years thereafter.

When Prime Minister Rabuka's 1994 budget was rejected by
Parliament in November 1993, Rabuka asked the Acting President
to dissolve that body in accordance with the Constitution.  The
subsequent snap general election in February, considered free
and fair by all observers, returned Rabuka and his party to
Parliament in strength.  Rabuka was again selected as Prime
Minister.

Fiji has a dozen political parties.  Four are predominantly
Indo-Fijian.  The major ones, the National Federation Party
(NFP) and the Fiji Labour Party (FLP) pledged to continue their
opposition to the Constitution in the Parliament.  NFP and FLP
Indo-Fijian parliamentarians are joined on the opposition side
of the legislature by another ethnic Fijian party (the Fijian
Association) and one multiracial party (the All National
Congress).

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

There are no local groups in Fiji which focus solely on human
rights matters, but the women's rights movement, the labor
movement, and various political groups (including organized
political parties) are engaged in promoting human rights.
There are also several small, not very active, foreign-based
organizations which concentrate on human rights causes in Fiji,
including the Coalition for Democracy in Fiji (with offices in
New Zealand and Australia) and two United Kingdom-based groups,
the International Fiji Movement and the Movement for Democracy
in Fiji.

The Government in past years inhibited certain investigations
of the political and human rights situation by external
organizations, considering them to constitute external
interference in its domestic affairs.  However, in 1994 it
allowed foreign representatives to attend and participate in
the University of the South Pacific's consultation on the
national agenda.  That discussion roundly criticized many
government policies and politicians as well as the
Constitution.  The views expressed were fully and prominently
covered in the press.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution prohibits discrimination on the basis of, and
provides specific affirmative action provisions to improve the
conditions of those disadvantaged as a result of, race, sex,
place of origin, political opinion, color, religion, or creed.

     Women

Despite Constitutional provisions, the Government practiced a
form of sexual discrimination in the recognition of spousal and
offspring rights.  For example, spouses of Fiji citizen women
are not automatically granted residence, whereas spouses of
Fiji citizen males are.  Offspring of female ethnic Fijians
married to nonethnic Fijians are not entitled to registry in
the document governing which persons share in income from
communal ownership of native lands, and who has the right to
vote as an ethnic Fijian, and who holds ethnic
Fijian-designated seats in Parliament.  Men, however, confer
ethnic Fijian status to their offspring regardless of the
mother's ethnic background.  In a high-profile 1992 court
challenge to the registration restrictions, the son of a
Chinese father and ethnic Fijian mother won his appeal to be
registered as an ethnic Fijian.  The Government withdrew its
appeal of the decision in October.  The long-term effects of
the decision on registration restrictions and, thus, a woman's
right to pass on her ethnic status remain unclear.

Women in both the Fijian and Indian communities have functioned
primarily in traditional roles, although some women achieve
responsible positions in the public service, politics and
business.  The female Minister of Education served as Acting
Prime Minister during Prime Minister Rabuka's April-May visit
to the United States.  Women can also attain high status in
Fiji's traditional chiefly system.  The President's wife is, in
her own right, Fiji's second highest ranking traditional
chief.  The Minister for Fijian Affairs, a woman, is widely
believed to be the best candidate to become Fiji's highest
ranking traditional chief.

In general, women in the Fijian community are more likely to
rise to prominence in their own right than are women in the
Indo-Fijian community.  Women have full rights of property
ownership and inheritance, and a number have become successful
entrepreneurs.  Women are generally paid less than men, a
discrepancy that is especially notable in the garment
industry.  Garment workers, most of whom are female, are
subject to a special minimum wage considerably lower than that
in other sectors.

There is a small but active women's rights movement, which has
pressed for more serious treatment of rape in the courts.  The
convicted persons tend to draw widely varying, but usually
short, prison sentences (a few years).  Efforts are under way
to have all rape cases heard in the high court (vice
magistrate's court at the accused's choice) where sentencing
limits are higher.

Domestic violence is also a problem in Fiji and its mitigation
is a second major focus of the women's movement.  The
authorities are generally reluctant to intervene in cases of
domestic violence unless it is necessary to save the woman's
life.  Few cases result in prosecution, as the victim generally
does not press charges.  The Government has not been active in
dealing with domestic violence.

Suva, the capital, and the regional center of Ba have privately
funded women's crisis centers which offer counseling and
assistance to women in cases of rape, domestic violence, and
other problems, such as child support payments.  There is,
overall, a growing awareness of women's issues.

     Children

Changes centered around the undermining of the traditional
village and extended family-based society--and improvements in
record keeping--have revealed a major problem of child abuse in
Fiji.  Reported cases have almost doubled over the last 4
years.  The legal system is inadequate for protecting the
rights of children, as children's testimony is inadmissible
unless corroborated by an adult.  The Government created a
Child Welfare Committee in 1993 to address these problems, but
it is likely to remain reluctant to become involved in family
matters.

Corporal punishment is widely practiced in schools and at
home.  The Ministry of Education has guidelines for the
administration of such punishment by principals and head
teachers.  One principal in the Rewa Delta area was fired in
1993 for overstepping these restrictions.  There are credible
reports that not all abuses are reported or punished.

     National/Racial/Ethnic Minorities

The stated purpose of the 1987 military coups was to ensure the
political supremacy of the indigenous Fijian people and to
protect their traditional way of life and communal control of
land.  To this end, a number of measures have been taken that
favor the Fijian community over other ethnic groups.  The most
obvious are the apportionment of seats in Parliament to
guarantee a preponderance of ethnic Fijians and constitutional
provisions ensuring selection of an ethnic Fijian president and
prime minister.  The Government is also committed to raising
the proportion of ethnic Fijians and Rotumans in the public
service to 50 percent or more at all levels.  This is reflected
in current promotion and hiring policies in the public service
favoring ethnic Fijians; as a result some Indo-Fijians have
complained that, despite their experience and higher
educational achievements, they are not promoted beyond middle
management.

Control of land is a highly sensitive issue.  The British
colonial administration instituted present land ownership
arrangements to protect the interests of the indigenous
Fijians, who currently hold, communally, about 83 percent of
the land.  Most cash crop farmers are Indo-Fijians, who lease
their land from the Fijian landowners through the Native Lands
Trust Board.  Freehold land title is not an indigenous concept;
lands owned currently by the State (8 percent) and by
individuals (9 percent) were transferred from customary owners
during the colonial period.  Many Indo-Fijians, particularly
farmers, believe that the absence of secure land tenure
discriminates against them.  Between 1997 and 2000, the
majority of the current leases will expire.  A review of the
current land tenure and leasing arrangements is underway, with
all indications that few changes will be made to the existing
system.

     People with Disabilities

Legal discrimination against physically disabled persons in
employment, education, and provision of other state services in
Fiji does not exist, however, there is no legislation or
mandated provisions for accessibility for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

The law protects workers' rights to form and join unions, elect
their own representatives, publicize their views on labor
matters, and determine their own policies, and this is observed
in practice.  However, the law permits restrictions to be
applied to government employees; or in the interests of
defense, public safety, public order, public morality, or
public health, or to protect the rights and freedoms of other
persons.  An estimated 19 percent of the labor force is
unionized.

All unions must register with, but are not controlled by, the
Government.  The only central labor body is the Fiji Trade
Union Congress (FTUC), which was closely associated with the
opposition Fiji Labour Party until mid-1992.  It currently
takes a more independent political stance.  The FTUC is free to
associate internationally and does so.  The labor movement is
led largely by Indo-Fijians, with ethnic Fijians beginning to
assume leadership roles.  Persons with close ties to the
Government have started rival unions primarily for ethnic
Fijians; these unions are more amenable to political
cooperation with the Government.

In April the Parliament completed a 2-year process of reforming
labor legislation by amending the previous acts on industrial
associations (eliminating a ban on holding multiple union
officer positions) and trade unions (eliminating restrictions
on seeking international support on labor issues).

Strikes are legal in Fiji, except in connection with union
recognition disputes.  The Government remains involved in
certifying union strike balloting, which can be an elaborate
process given the distance between some of the island locations
in the country.  The Ministry of Labour had recorded five
strikes as of September 15.

     b.  The Right to Organize and Bargain Collectively

Fiji law recognizes the right to organize and bargain
collectively.  Employers are required to recognize a union if
more than half the employees in a workplace have joined it.
Recognition is determined by union membership numbers rather
than by an election.  The Government has the power to order
recalcitrant employers to recognize unions and has done so.
Key sectors of the economy, including sugar and tourism, are
heavily organized.  Following the May 1992 elections, the
Government lifted wage guidelines, and unrestricted collective
bargaining on wages is now the norm.

Wage negotiations are conducted on an individual company or
enterprise basis rather than on an industry-wide basis.  A
government proposal to introduce such negotiations has been
opposed by employers and unions.

Antiunion discrimination is specifically prohibited by law.  In
practice, the unions are generally successful in preventing
discrimination against workers for union activities, but the
law does not mandate that fired workers be reinstated.

Fiji's export processing zones are subject to the same laws as
the rest of the country, and many of their firms have unions
which have negotiated collective bargaining agreements.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution specifically prohibits forced labor, and there
is no indication that it is practiced.

     d.  Minimum Age for Employment of Children

Children under 12 may not be employed in any capacity.
"Children" (under age 15) and "young persons" (ages 15-17) may
not be employed in industry or work with machinery.
Enforcement by the Ministry of Labour and Industrial Relations
generally is effective, except in the case of family members
working on family farms or businesses and "self-employed"
younger street urchins.  Education is not mandatory.

     e.  Acceptable Conditions of Work

There is no national minimum wage.  Certain sectors have
minimum wages set by the Ministry for Labour and Industrial
Relations, which effectively enforces them.  Minimum wage
levels will generally support a barely adequate standard of
living in all sectors, except for the garment industry, in
which the starting wage, $0.50 (F$0.72) for learners and $0.65
(F$0.94) for others, is based on the assumption that workers
are young adults or married women living at home and not
supporting a household.

Fiji has no regulation specifying maximum hours of work for
adult males.  Women are prohibited from night work in factories
(other than overtime work in the garment industry) and
underground work in mines.  Certain industries, notably
transportation and shipping, have problems with excessive hours
of work.  Indo-Fijians, who generally require a cash income to
survive, are more vulnerable to pressure to work long hours
than ethnic Fijians.  Many ethnic Fijians can and do return to
a non-cash economy way of life in their villages rather than
work what they consider excessive hours.

Fiji has workplace safety regulations, a Workmens' Compensation
Act, and an accident compensation plan.  Awards for workers
injured on the job are set by a tribunal.  Government
enforcement of safety standards under the direction of the
Labor Ministry suffers from a lack of trained enforcement
personnel, but the unions do a reasonable job of monitoring
safety standards in organized workplaces.  The International
Labor Organizations recommendations in November 1992 cited the
need to improve working conditions (problems are particularly
widespread in the garment industry).  The Government drafted
legislation to address these shortcomings but Parliament had
not acted on it by year's end.