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LAWASIA, the Law Association for Asia and the Pacific notes with concern the issue on 22 May 2009 of the Legal Practitioners’ Decree 2009 by the President of Fiji.

The Decree establishes an Independent Legal Services Commission and removes from the Fiji Law Society the power to investigate and deal with complaints against lawyers. The Decree also removes from the Fiji Law Society the power to issue practising certificates to lawyers and grants this to the Registrar of the Court who is a government appointee.

LAWASIA recognises that in a number of countries regulation of the legal profession is undertaken by a government-appointed body.

However, given the current situation in Fiji, LAWASIA notes with concern that:

• the legal profession’s representative body, the Fiji Law Society, was not consulted by the interim government in the process of formulating the Decree. This would seem to be at odds with the Decree itself, which at Part Three, 13 (b) states that one of the objects of the Fiji Law Society is to assist the Government in all matters affecting legislation and law reform;
• in view of past action against voices of dissent within the legal profession in Fiji, there will inevitably be a concern that the government may seek to use the powers granted by the Decree to silence government critics from within the ranks of professionals;
• the application by lawyers for practising certificates from an officer appointed by an unelected government may be claimed by that regime and seen by others as an indication of support for the regime;
• the legal profession’s vital role in the rule of law may be seriously compromised by the Decree.

LAWASIA calls on the interim government of Fiji to undertake that the Decree will not be used to compromise the independence of the legal profession or to punish critics from within its ranks.

Glenn Ferguson
PRESIDENT
May 27, 2009