Pacific Media Watch

22 March 2016

FIJI: Rights lawyer calls anti-torture ratification 'meaningless'

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Video footage of handcuffed men allegedly being beaten by Fiji security personnel in 2012. Image: PMC archive
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SUVA (RNZ International/ Pacific Media Watch): Fiji is the 159th state to ratify the Convention Against Torture with its recent submission to the UN General Assembly, reports RNZ International.

However this step by Fiji has been condemned as "meaningless" by human rights lawyer Aman Ravindra-Singh, who last year raised allegations about colleagues being beaten by security forces. 

Ravindra-Singh’s response has come after Fiji submitted its instruments of ratification with several reservations to the Assembly last week. 

In an interview with RNZI, Ravindra-Singh doubted ratification would have any effect on the number of alleged abuse cases.

"That's alarming. In fact, that's shocking. If you're not agreeing to the definition of torture in the first place, then why sign the United Nations Convention Against Torture?" said Ravindra-Singh.

"If you are questioning the definition of the very convention that you have signed, you have declared absolutely that the convention is not worth the paper that it is written on."

The reservations included querying the definition of torture used by the UN and the jurisdiction of the International Court of Justice in The Hague.

In an RNZ interview earlier this month, Catherine Phuone, the Head of the Pacific Office of the UN High Commissioner for Human Rights in Suva said although Fiji is signalling its intention to break away with past practices, she urged the government to withdraw its reservations.

"When you look at the Fiji Constitution and in particular if you look at Section 11 of the Fiji Constitution, it does lay the basis for a prohibition of torture”, Phuong said.

"It does not actually provide a definition of torture. It simply states that every person has the right to freedom from torture of any kind. So we would strongly encourage the government to withdraw that reservation”.

She said under international law, there was an absolute prohibition against torture at any time, under any circumstances, and by removing all the reservations Fiji would show it was truly determined to eliminate the practice once and for all.

The office is strongly encouraging Kiribati, Marshall Islands, Federated States of Micronesia, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and the Cook Islands to ratify the UNCAT.

 

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