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questioning or challenging, the legality or validity of the Fiji
Constitution Amendment Act 1997 Revocation Decree 2009, or such other Decrees made or as may be made by the President", thus prohibiting it from challenging any extant or future Decrees whether or not they were compatible with human rights. Any complaints or proceedings already under way on such matters were annulled.
110:, stating that "the President had no choice but to abrogate the 1997 Constitution after the Fiji Court of Appeal ruled that the interim government was illegal." Shameen also stated that the Commission would act as if the Bill of Rights part of the Constitution was still legally in effect. The Commission was closed by police for one day but then allowed to reopen.
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of alleged violations of human rights, investigate them, and seek to resolve the issues by conciliation or by referral to the
Commission's legal division for court action. The Commission could refer complaints to the relevant ministry or department if the matter was not within the Commission's jurisdiction.
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The appointments envisaged by the Decree, which removed
Shaista Shameen from office as Chairwoman (and as Ombudsman, an office to which she had also been appointed), have never been made (as of October 2011); thus the Commission has since existed merely as an office and a staff group, but without the
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as to the security in office of NHRI members, Decree No. 11 stated that any of the three members could be removed from office by the
President for matters such as "misbehaviour", or by giving one month's notice. The government had unlimited powers to give the Commission "general policy guidance", and
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The mandate of the
Commission, set out in the Human Rights Commission Act 1999, was to educate the general public about human rights and to make recommendations to the government about matters affecting human rights. The Commission's complaints and legal divisions were empowered to receive complaints
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In May 2009, President Iliolo's Human Rights
Commission Decree 2009 (No. 11) reconstituted the institution, considerably reducing its independence. The Decree stipulated that "the functions, powers and duties of the Commission do not extend to receiving complaints against, or investigating,
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to power. The
Commission of Inquiry delivered a report which "identifie deficiencies and anomalies at every stage of the election process", maintaining that the democratic legitimacy of Prime Minister Qarase's deposed government had been questionable.
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members required to direct its operations. Although there have been numerous allegations of serious human rights abuses in Fiji after the Decree, the
Commission has not brought any proceedings in relation to them.
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The new
Commission, according to the Decree, was to have a chair appointed by the President, and two other members appointed by him on the advice of the Prime Minister. Notwithstanding provisions in the UN
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for allegedly "only hearing one side of the story regarding what was happening in Fiji" – that is, for criticising
Commodore Bainimarama's interim government.
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expressed support for the 2006 coup. Consequently, the FHRC was suspended from (and later resigned from) the regional network of human rights bodies, the
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27:) was created by presidential decree in 2009, succeeding the entity of the same name established as an independent statutory body under the
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issued an assurance that his government was committed to upholding the law and protecting human rights as in the constitution.
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70:(NHRIs). A review by the ICC stated that the FHRC "lacked both credibility and independence". The interim Prime Minister
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for the people of Fiji and to help build and strengthen a culture of human rights in Fiji.
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In 2007, the Fiji Human Rights Commission created controversy when its chairwoman Dr
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The Constitution defined the Commission's purpose as to protect and promote
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313:, "Sri Lanka and Fiji: Ghost Human Rights Commissions", 20 September 2011.
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201:"David Neilson: What if Fiji ballot was less than 'free and fair'?"
172:"Fiji Human Rights Commission suspended from international body"
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was responsible for the structure and management of the body.
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which had brought the subsequently deposed Prime Minister
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79:The FHRC later commissioned an inquiry into the
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326:Fiji Human Rights Commission official website
296:Republic of Fiji Islands Government Gazette
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472:Government agencies established in 2009
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64:International Co-ordinating Committee
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91:In October 2007, Shameen criticised
199:Neilson, David (October 15, 2007).
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462:National human rights institutions
68:national human rights institutions
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422:Public Service Commission of Fiji
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104:2009 Fijian constitutional crisis
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392:Fiji Financial Intelligence Unit
377:Civil Aviation Authority of Fiji
160:Human Rights Commission Act 1999
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177:Radio New Zealand International
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250:No other way for the President
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16:Human rights authority in Fiji
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397:Fiji Human Rights Commission
33:Republic of the Fiji Islands
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467:2009 establishments in Fiji
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402:Fiji Meteorological Service
282:, Fiji Live, April 15, 2009
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95:Human Rights Commissioner
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412:Housing Authority of Fiji
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387:Fiji Commerce Commission
382:Consumer Council of Fiji
227:"Arbour upsets Shameem"
417:National Trust of Fiji
206:The New Zealand Herald
81:2006 general election
452:Human rights in Fiji
142:Human rights in Fiji
407:Fiji Sports Council
236:, Amelia Vunileba,
114:The 2009 Commission
39:The 1997 Commission
310:Sri Lanka Guardian
278:2012-03-06 at the
255:2012-04-04 at the
240:, October 17, 2007
232:2012-02-23 at the
60:Asia Pacific Forum
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102:During the
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261:Fiji Times
238:Fiji Times
148:References
362:Agencies
276:Archived
253:Archived
230:Archived
136:See also
31:of the
366:Fiji
214:2011
186:2011
25:FHRC
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