THE Government should change laws weakening indigenous rights before enacting the Code of Conduct Bill, parliamentarians were told yesterday.
Savusavu resident and retired civil servant Laisiasa Wainikesa told the Standing Committee on Justice, Law and Human Rights during a public consultation held in Savusavu yesterday that the Bill must be specific about human rights.
“What human rights are we talking about? Why introduce the Bill on the Code of Conduct for public officers to implement decrees (Acts) which are opposed to human rights conventions — that’s my question?”
Committee chairman Alvick Maharaj intervened and asked Mr Wainikesa where he got his information from regarding the Decrees.
“Where did you get your info from? The decree you’re saying, is it part of the Bill?” Mr Maharaj asked.
In his response, Mr Wainikesa said: “Well, the Bill talks about rights, but there are no definitions and I am interested to see what rights are we talking about and whose human rights?
“Are we talking about the human rights within Fiji’s scope or the UN Declaration of human rights?
“First and foremost, the Fijian Government should sign and ratify the UN Declaration on Rights of Indigenous People adopted on March 7, 2008.
“A decree is an order and law made by someone in authority and today we are doing the proper thing to discuss and make submissions to the Bill to become an Act of Parliament.
“We have put the cart before the horse in the process of decrees we have lived through over 10 years.”
On the issue of indigenous rights, Mr Wainikesa said the 2013 Constitution recognised the rights of indigenous iTaukei and its unique customs.
“Yet through the same Constitution, the Fiji Government maintains laws — about 17 decrees (Acts) — targeting to weaken the iTaukei institutions such as the abolition of the Great Council of Chiefs,” he claimed.
“Can we repeal decrees (Acts) targeting iTaukei institutions and introduce proper Bills to become Acts of Parliament?
“We need to put the horse before the cart for the sake of the Code of Conduct Bill to become effective without which we are doing the wrong thing.”
The Codes of Conduct annexed to the Bill require ministers, parliamentarians and public servants to “Have due regard for the rights, duties and proper interests” of other people.
