As of December 2022 before the Coalition government came into power, Fiji was assessed to be a “partly free” country by Freedom House. At the time of publishing the 2023 report, the Washington based organisation noted in December, a general election resulted in a coalition of three opposition parties forming a government. It noted Sitiveni Rabuka of the People’s Alliance Party (PAP) was elected prime minister, taking over from Voreqe Bainimarama, who had held the post since 2006. Mr Bainimarama, of the FijiFirst party, became leader of the Opposition. Freedom House also noted In September 2022, Parliament passed a controversial Electoral (Amendment) Bill, which increased the powers of the Supervisor of Elections (SoE) and established binding rules for the conduct of opinion polls. The “partly free” status of Fiji is at December 2022, and no doubt the findings below will assist the Coalition Government in improving in the areas that have been red-flagged by Freedom House.
FIJI recorded a score of 3 out of 4 when it came to the question whether the current head of government or other chief national authority were elected through free and fair elections?
The prime minister is the head of government. The party that wins the most seats in parliamentary elections selects the prime minister, who is then appointed by the President.”
In the December 2022 parliamentary elections, the ruling FijiFirst party and a coalition of two opposition parties, the Peoples Alliance Party (PAP) and the National Federation Party
(NFP), won 26 seats.
The balance, 3 seats in the 55-member Parliament, was won by the Social Democratic Liberal Party (SODELPA),” said Freedom House.
“After some equivocation, SODELPA decided to join the opposition coalition to form a government, the first that would not be led by Mr Bainimarama since he had taken power in a 2006 coup.
Sitiveni Rabuka, head of the PAP, was elected by a secret ballot of members of Parliament days later, 28 votes to 27.”
In an interim press statement before the conclusion of the count, the Multinational Observer Group reported that they “did not observe any significant irregularities or issues during prepolling,
postal voting or Election Day voting.”
Opposition leaders had raised allegations of irregularities after a glitch in the official elections office app forced a pause in vote counting, said Freedom House.
Fiji scored 2 out of 4 on the question were the current national legislative representatives elected through free and fair elections.
“Parliament is Fiji’s unicameral legislative body, with 55 members elected to serve four-year terms. International observers of the 2018 and 2022 parliamentary elections found polling largely
credible, although civil society participation was limited.
The country uses an open list proportional representation system with a single, nationwide constituency; candidates are represented only by numbers on ballot papers,” said Freedom House.
Municipal elections have not been held since 2005. Municipal councils were dissolved in 2009 and have since been run by government-appointed administrators, observed Freedom House.
Fiji scored 2 out of 4 on the question if Fiji’s electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies?
“The legal framework for Fijian elections is considered fair. However, the structure of the electoral administration has raised concerns about potential political interference. Until December 2022, FijiFirst’s secretary general, Aiyaz Sayed-Khaiyum, served as minister of elections as well as attorney general,” said Freedom House.
A July 2021 decision by the Supervisor of Elections, Mohammed Saneem, removed opposition parliamentarian Niko Nawaikula from the voter registry on the grounds that he had not registered
under his birth name.
Mr Nawaikula was forced to vacate his seat, but was reinstated in August by Fiji’s chief justice, who criticised Mr Saneem for overextending his authority.
Following Nawaikula’s reinstatement, the FijiFirst majority in Parliament passed an amendment to the Electoral Act in September 2021 requiring citizens to use the name “specified on
the applicant’s birth certificate” on the voter registry,” said Freedom House.
“The opposition has expressed concern that the rule will disproportionately affect women voters whose birth names differ from their marital names. In December 2021, seven women brought
a case before the High Court alleging discrimination against women occasioned by the amendment.”
The government that came to power in December 2022 promised to reverse this requirement.
“Other 2021 and 2022 amendments to the electoral law increase the powers of the Supervisor of Elections (SoE) significantly.
The Law Council of Australia warned that the 2022 amendment gives the SoE “extraordinarily broad information gathering powers without adequate safeguards or oversight mechanisms,” said Freedom House.
Fiji scored 3 out of 4 on the question do the people have the right to organise in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings?
“The right to form political parties is constitutionally guaranteed, but the government has eligibility requirements that discourage the formation of smaller parties: prospective parties must submit 5000 signatures to become registered. The 5 per cent nationwide threshold for representation in Parliament further disincentivises the formation of smaller parties,” states Freedom House.
In September 2021, Mr Rabuka, who had formerly led the SODELPA, successfully registered a new party, the PAP, that would become part of the ruling coalition in December 2022, said Freedom
House.
“In July 2021, nine leading opposition figures were detained and questioned by police after voicing opposition to Bill 17, a controversial draft law that would alter how native land leases are administered by the iTaukei Land Trust Board; the Bill was passed into law in August 2021.”
Fiji scored 2 out of 4 on the question is there a realistic opportunity for the opposition to increase its support or gain power through elections?
“The score improved from 1 to 2 because an opposition party successfully formed a coalition government after the December elections, displacing a long-serving incumbent prime minister. For many years, the dominance of FijiFirst in Parliament left little space for opposition forces to assert themselves politically,” said Freedom House.
The victory of the opposition in the December 2022 polls demonstrates that, despite all the advantages of incumbency, the electoral framework allowed the rise of an opposition that could defeat the FijiFirst government, said Freedom House.
“Bainimarama stepped aside and became the leader of the Opposition, despite having said in the past that he would not allow opposition parties to assume office in the event that FijiFirst was defeated.
In the lead-up to the December 2022 election, the government targeted many opposition figures with accusations of corruption, breach of election law, and other wrongdoing.”
In one case, in September 2022, the SoE referred a “Rock the Vote” organisation affiliated with member of Parliament Lynda Tabuya of the PAP to the Fiji Independent Commission Against Corruption for an alleged breach of the Political Parties Registration Act.”
Fiji scored 2 out of 4 on the question are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical
means.
“The 2013 Constitution provides that “it shall be the overall responsibility of the Republic of Fiji Military Forces (RFMF) to ensure at all times the security, defence and well-being of Fiji and all Fijians,” but the military has a history of interference in Fijian politics.
Several prominent political leaders, including Mr Bainimarama and Mr Rabuka, are former military commanders, which contributes to the perception that the military has undue political influence,” states Freedom House.
In the immediate aftermath of the December 2022 election, then commissioner of police, Brigadier-General Sitiveni Qiliho, citing claims of impending ethnic unrest and tension, called for a deployment of the RFMF in Suva. The RFMF accepted the call, but the military commander repeatedly promised to abide by the election result, stated Freedom House.
Fiji scored 3 out of 4 on the question do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral
opportunities.
“The law does not restrict the participation of minorities and women in politics.
“However, both indigenous and Indo-Fijian women are underrepresented by political parties. Only 6 out of the 55 members of Parliament are women following the 2022 elections,” said Freedom
House.
A law passed under Bainimarama requiring voters to register using the name on their birth certificates disproportionately affects women. Small minority groups, including Banabans, members of the Chinese ethnic minority, and the descendants of people from the Solomon Islands, lack significant political representation, said Freedom House.
NEXT WEEK – Assessment on rule of law, functioning of Government, associational and organisational rights, freedom of expression and personal autonomy and individual rights.
