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News Press Statements Press Release: Support for the restoration of the rule of law in Fiji 
| Press Release: Support for the restoration of the rule of law in Fiji |
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| Contributed by Kesavan, Ragunath | |
| Monday, 16 March 2009 05:29pm | |
 The Bar Council expresses concern over the findings of the Human Rights Institute of the International Bar Association (IBAHRI) regarding the state of the rule of law and the judiciary in Fiji. In its report Dire Straits: A report on the rule of law in Fiji dated 4 March 2009,1 IBAHRI expressed concern over the state of the rule of law in Fiji which has steadily deteriorated since the December 2006 coup. “The interim regime, apparently allied by some members of the judiciary, the legal profession and the Fiji Human Rights Commissioner, have attacked those members of the judiciary and the legal profession who have attempted to defend human rights and the justice system”, the IBAHRI Report observed. The IBAHRI Report was published following two separate attempts by a high-level IBAHRI-led delegation of senior jurists from Australia and Malaysia to visit Fiji subsequent to reports of threats to judicial independence and violent attacks on some lawyers. One of the delegation members is Roger Tan, former member of the Malaysian Bar Council. He was part of the delegation that was barred from entering Fiji in February 2008 and December 2008.
The IBAHRI Report recommended that until elections are held, no further appointments to the judicial bench are made in order to avoid further doubt being shed on the legitimacy of the current appointments to the judiciary in Fiji. In September 2007, two senior Malaysian lawyers, Datuk Dr Cyrus Das and Datuk Cecil Abraham were appointed to the Court of Appeal of Fiji but the duo did not take up the appointments. In June 2007, LAWASIA President Mah Weng Kwai, who is also a member of the Malaysian Bar, stepped down as commissioner of Fiji Independent Commission Against Corruption after one week. The Bar Council wishes to commend the three afore-mentioned individuals for their principled stand in declining or renouncing these positions so as not to legitimise a government that came to power through unconstitutional means. Acceptance of such appointments made by a government that came to power by way of a coup would only delay the return of democracy to Fiji, which is certainly not in the interest of Fiji and her people. The Malaysian Bar salutes the efforts of those members of the judiciary and fellow lawyers in Fiji to defend the rule of law and independence of judiciary in that nation. We stand in solidarity with them and extend our heartfelt support and encouragement to them in their continuing struggle to restore and uphold the rule of law. Ragunath Kesavan President Malaysian Bar 16 March 2009 1 A copy of the report can be downloaded from this link: http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=1959&Itemid=332 Comments (1)
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Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
This is a very good start to Saudara Ragu's Presidency of the Malaysian Bar. An attack on the Rule of Law anywhere in the world is an attack everywhere in the world. We must be alert and speak up! I am glad that the Malaysian Bar has done just that...loudly and clearly.
Syabas, Ragu!
Haji Sulaiman Abdullah