Treatment – Protection – Buddhists in Fiji – Chinese Citizenship – Fijian Citizenship

Refugee Review Tribunal AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: FJI33944 Country: Fiji Date: 14 November 2008

Keywords: Fiji – Chinese Community – Treatment – Protection – Buddhists in Fiji – Chinese Citizenship – Fijian Citizenship

This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein.

Questions 1. What is the situation for people of Chinese nationality or ethnicity in Fiji? 2. Is there any information to suggest that people of Chinese ethnicity or nationality face discrimination or violence in Fiji? 3. What protection is available to members of ethnic or religious minority groups if they are targeted? 4. What is the position for Buddhists and other minority religious groups in Fiji? 5. Would a Chinese national lose their Chinese citizenship by acquiring Fijian citizenship?

RESPONSE

1. What is the situation for people of Chinese nationality or ethnicity in Fiji? 2. Is there any information to suggest that people of Chinese ethnicity or nationality face discrimination or violence in Fiji?

Sources generally indicate that the attitude of successive elected governments and interim governments toward people of Chinese ethnicity in Fiji has fluctuated in the past two decades, and that societal attitudes toward those who have arrived from China in the past decade are less positive than societal attitudes toward the longer-established Chinese community in Fiji.

An RRT research response prepared in 1995 provides background regarding the Chinese community in Fiji. Information cited in the response indicates that the Chinese and Indian communities had traditionally played an important role in the Fijian economy, but that “an outflux of both Indian and Chinese capital and skilled and professional people” followed the 1987 coup. Sources cited in the response indicate that the government subsequently promoted conciliatory ethnic policies and, in January 1995, “approved a plan to admit up to 28,000 Hong Kong Chinese over a ten year period under a business migration scheme”. The response notes that strong opposition to the scheme was expressed by the opposition Fijian Association Party and Fiji’s Methodist church on the grounds of “economic and social disruption” (RRT Country Research 1995, Research Response V94/02830, 11 May – Attachment 1).

The following reports provide information relevant to the period from 1999 to 2007, during which the applicant resided in Fiji.

US Department of State’s reports 1999-2007 The US Department of State’s reports on human rights practices for the year 1999 included the following observations:

Fiji continued to make progress toward a more representative and democratic government following peaceful and democratic elections in May. The amended Constitution that came into effect in July 1998 encourages a multiethnic government while protecting traditional Fijian values. Under the amended Constitution, the Prime Minister and the President can be of any race, and for the first time, in addition to the communally allocated seats, there are open seats not allocated to any racial community in the lower house of Parliament. The judiciary is independent.

The Constitution also includes a strengthened bill of rights and a compact designed to protect the rights of all citizens. It alters the official name of the country to “Republic of the Fiji Islands” and designates all citizens “Fiji Islanders,” avoiding designations specifying ethnicity. However, it preserves the paramountcy of indigenous Fijian interests, which cannot be subordinated to the interests of other communities.

Peaceful and democratic elections were held in May and resulted in a change of government and the election of a Labor Party-led coalition administration. The new multiethnic Government consists of a number of political parties and enjoys a better than two-thirds majority in Parliament. For the first time, the country has an Indo-Fijian prime minister, Mahendra Chaudhry, the head of the Labor Party.

The Constitution is designed to promote greater political stability. Nonetheless, ethnicity remains a dominant factor in Fijian life and affects the country’s politics, economy, and society. The population is a multiracial, multicultural mix, with indigenous Fijians comprising 51 percent, Indo-Fijians (descendents of immigrants from the Indian subcontinent) around 42 percent, and Asians, Caucasians, and other Pacific Islanders making up the rest of the population of over 775,000. The ethnic division is illustrated by the contrast between the private and public sectors; Indo-Fijian families largely control most private businesses, while indigenous Fijians largely head the government ministries and the military. ...

The amended Constitution prohibits discrimination on the basis of race, sex, place of origin, political opinion, color, religion, or creed, and provides specific affirmative action provisions for those disadvantaged as a result of such discrimination. In the compact included in the amended Constitution, there is a specific provision for affirmative action and “social justice” programs to secure effective equality of access to opportunities, amenities, and services for the Fijian and Rotuman people and for all disadvantaged citizens and groups. ...

The new Government raised concerns with what it terms “expatriates” in the country. On several occasions, it announced its intention to review all immigration records relating to foreign workers and intervened publicly in a number of visa cases, calling on private companies to “localize” their hiring practices. The minority Chinese community complained about perceived government harassment in this regard, and the nation’s employers’ organization spoke against government interference. ...

Particularly in the garment industry, migrant workers (predominantly Chinese or Filipino) are increasing in number (presently estimated at around 1,000 to 2,000 persons) and are a largely unregulated work force (US Department of State 2000, Country Reports on Human Rights Practices for 1999 – Fiji, February, Introduction and Sections 5 and 6 – Attachment 2).

In its report on human rights practices in Fiji in 2000, the US Department of State noted that:

The Chaudhry Government established a special police unit to investigate allegations of criminal activity within the Chinese community. It also focused particular attention on what it termed the “expatriate” business community and had announced its intention to review all immigration records relating to foreign workers. It intervened in a number of visa cases, refusing visas or renewals of work permits. In 1999 it called on private companies to “localize” their hiring practices. The minority Chinese community complained about perceived government harassment in this regard, and the nation’s employers’ organization spoke against government interference. ...

There is no national minimum wage. Certain sectors have minimum wages set by the Ministry for Labor and Industrial Relations, which enforces them effectively. The manifesto of the ousted “People’s Coalition” government called for the establishment of a minimum wage. Minimum wage levels provide a sparse but adequate standard of living for a worker and family in all sectors except the garment sector. Wages are generally lower in the garment industry, which largely comprises female (mainly Chinese) workers; in the garment industry, the starting hourly wage is $0.36 (FJ$0.72) for learners and $0.47 (FJ$0.94) for others. The wages are based on an assumption that garment workers are young adults or married women living at home and not supporting a household.

Working conditions and employee contracts in garment factories vary widely, with conditions in some factories reportedly amounting to indentured servitude... Particularly in the garment industry, migrant workers (predominantly Chinese) are increasing in number and are a largely unregulated work force. ...

There are unconfirmed reports that some laborers recruited from Asian countries, particularly in the garment sector, are held in conditions of forced labor (see Section 6.c.). There are also reports that Chinese women working in the garment sector may be involved in prostitution (US Department of State 2001, Country Reports on Human Rights Practices for 2000 – Fiji, February, Sections 5 and 6 – Attachment 3).

The US Department of State’s report on human rights practices for 2001 noted that:

The minority Chinese community continued to grow, primarily through illegal immigration. The special police unit (the Asian Crime Unit) formed to investigate allegations of criminal activity within the Chinese community was not operational during the year; its officers were investigating the armed takeover of Parliament in May 2000. ...

Particularly in the garment sector, migrant workers (predominantly Chinese) are increasing in number and are a largely nonunionized and sometimes illegal work force. ...

Police have received periodic, unsubstantiated reports of forced labor from China working in the garment factories in Western Viti Levu, the country’s largest island, but law enforcement has made no arrests and has not investigated the reports. The police believe that an organized Asian criminal network exists in the country that coordinates illegal trafficking in persons. There were no reports during the year that Chinese women working in the garment industry were involved in prostitution, or that some laborers recruited from Asian countries, particularly in the garment sector, were held in conditions of forced labor (US Department of State 2002, Country Reports on Human Rights Practices for 2001 – Fiji, February, Sections 5 and 6 – Attachment 4).

With respect to 2002, the US Department of State’s report on human rights practices for that year reported:

Corruption in the police force was a problem. Undertrained police officers received only on- the-job instruction, which may have contributed to the problem of corruption. During the year, the police hired a large number of decommissioned military personnel as special constables. Many had criminal records and had allegedly been involved in robberies and other illegal activities. Police and immigration officials faced serious corruption charges relating to the entry of illegal Chinese immigrants into the country. Newspaper articles linked prominent police figures to an organized crime figure from the People’s Republic of China (PRC); police were accused of providing protection, forging documents, and destroying key files relating to criminal activity. ...

The minority Chinese community continued to grow dramatically, primarily through illegal immigration. There was a steep rise in illegal activities, including murder, that allegedly were connected to Chinese organized crime. A special police unit, the Asian Crime Unit, investigated criminal activity within the ethnic Chinese community. ...

There were a growing number of nonunionized and sometimes illegal immigrant workers (predominantly ethnic Chinese), particularly in the garment sector (US Department of State 2003, Country Reports on Human Rights Practices for 2002 – Fiji, February, Sections 1, 5 and 6 – Attachment 5).

The report for 2003 similarly observed that:

In 2002, the police hired a large number of decommissioned military personnel as special constables, many of whom had criminal records. Police and immigration officials faced serious corruption charges relating to the entry of illegal Chinese immigrants into the country. Newspaper articles linked prominent police officials to an organized crime figure from the People’s Republic of China (PRC), and police were accused of providing protection, forging documents, and destroying key files relating to criminal activity. At year’s end, the criminal figure had eluded deportation, and no investigations had been initiated against the officials in question. ...

There were a growing number of nonunionized and sometimes illegal immigrant workers (predominantly ethnic Chinese), particularly in the garment sector (US Department of State 2004, Country Reports on Human Rights Practices for 2003 – Fiji, February, Sections 1 and 5 – Attachment 6).

On human rights practices relevant to the Chinese community in Fiji in 2004, the US Department of State report for that year stated that:

The minority Chinese community continued to grow dramatically, primarily through illegal immigration. There was a steep rise in illegal activities, including murder, allegedly connected to Chinese organized crime. A special police unit, the Asian Crime Unit, investigated criminal activity within the ethnic Chinese community. ...

There were a growing number of nonunionized and sometimes illegal immigrant workers (predominantly ethnic Chinese, particularly in the garment sector (US Department of State 2005, Country Reports on Human Rights Practices for 2004 – Fiji, February, Sections 5 and 6 – Attachment 7).

The report for 2005 mentioned the Chinese community in Fiji only as follows:

During the year the Chinese Association of Fiji expressed concern about an increasing number of violent attacks directed against members of the minority Chinese community (US Department of State 2006, Country Reports on Human Rights Practices for 2005 – Fiji, February, Section 5 – Attachment 8).

The report for 2006 observes that the Chinese community had become “less of a target for violent attacks”:

Unlike in the previous year, the ethnic Chinese community appeared to be less of a target for violent attacks. Police worked with the Chinese Association of Fiji to address the issues raised by a number of such attacks in 2005 (US Department of State 2007, Country Reports on Human Rights Practices for 2006 – Fiji, February, Section 5 – Attachment 9).

No specific reference to the Chinese community in Fiji was made in the US Department of State report on human rights practices in Fiji for 2007 (US Department of State 2008, Country Reports on Human Rights Practices for 2007 – Fiji, February – Attachment 10).

Other reports A report dated 18 June 2002 in the Fiji Times refers to “growing news media and public concern over the influx of mainly Chinese people” and alleged illegal activities in Fiji. The Chinese Association of Fiji reportedly had stated that the Chinese community of Fiji should not be blamed for “the misdeeds of a few”. Insufficient screening of people entering Fiji was identified as a problem:

Fiji police believe the Immigration Department must review existing laws to curb the number of Asians entering and staying in the country illegally. Commissioner Isikia Savua said it is becoming a concern for the police because of the number of violent crimes involving the country’s growing Asian population. He was speaking after briefing the news media on investigations into the brutal murder of four Chinese nationals in Suva last weekend. There has been growing news media and public concern over the influx of mainly Chinese people, and activities they and other Asians are allegedly involved in. Questions have been raised on how they managed to enter Fiji. An immigration rubber stamp was found in the possession of a Chinese national last year.

It is strongly suspected many enter the country on fishing vessels berthing at the Suva wharves. Once ashore they then work for other Asian businesspeople in Fiji. However, the Chinese Association of Fiji has defended its members, saying people should name the perpetrators and not blame the entire community for the misdeeds of a few.

Political parties have called for funding and resources to be provided to better monitoring the movement of Asians, especially Chinese nationals who come to Fiji on work permits or as visitors.

Opposition Leader Prem Singh said: “It’s about time that entry by Asians into the country be scrutinized because it’s becoming a matter of great concern to everyone.”

Mr. Singh said the country was entering a new era of violence and the immigration department and police needed to be vigilant on the movement of illegal immigrants.

Fiji Labour Party administrator John Ali said corruption and abuse at the upper echelons of the government were preventing the effective policing of such matters. “The Immigration Department ought to screen these people thoroughly before allowing them into the country. The law is there but enforcement is lacking,” Mr. Ali said (‘Call for crackdown on illegal Asians after Suva killings’ 2002, Pacific Islands Reports, 19 June – Attachment 11).

An article dated 17 September 2002 from the Asia Times website made similar observations about perceived links between recent Chinese arrivals and organised crime, but also observed that “while nation-to-nation relations seem to be sailing on calm seas, community and business leaders in Fiji, Tonga, Samoa and the Marshall Islands have expressed concern about the Chinese gradually beginning to dominate local commerce”. According to the article:

China is fast becoming the new chest of gold for the South Pacific islands, but the islanders, from the Marshall Islands to Fiji, are not as eager to welcome Chinese nationals into their societies.

While economic ties between China and the Pacific islands are growing, people in the region are becoming increasingly suspicious of Chinese business practices that are linked to crime syndicates and prostitution. These are raising the ire of local business and community leaders. ...

In May, during a visit to China, Fijian Prime Minister Laisenia Qarase signed an agreement for fishing cooperation between the two countries, and witnessed a Chinese tuna-fishing fleet leaving Chinese shores for Fiji. Last month, China declared Fiji an approved tourist destination, which will help attract Chinese tourists to the islands.

But while nation-to-nation relations seem to be sailing on calm seas, community and business leaders in Fiji, Tonga, Samoa and the Marshall Islands have expressed concern about the Chinese gradually beginning to dominate local commerce. They are also worried about the activities of China’s organized crime syndicates, which media reports say have followed the rising number of Chinese nationals coming for business, tourism or work.

At the same time, the negative image of the Chinese is upsetting long-term Chinese residents such as influential businessman and Fiji Chinese Association president Lionel Lee, who says that for long his community in Fiji was regarded as “hard-working and trouble-free”.

In Fiji, a sudden rise in the number of Chinese in the island has coincided with a rise in prostitution, drugs, gambling and people smuggling, according to news reports.

This month, joint raids by police, immigration and home affairs officers on nightspots throughout Suva led to arrest of 12 Chinese illegal immigrants. According to immigration officials, there are about 2,000 illegal immigrants in the Fiji Islands. Fiji’s police director of operations, Jahir Khan, says most of the Chinese immigrants enter the country through fishing operations, universities and business. “There is a massive problem, and the Immigration Department has lost track of controlling this problem of illegal immigrants,” he said on Radio Australia.

Fiji, with a population of 750,000, has about 300 islands scattered across the South Pacific Ocean. Police and naval officers suspect that human-smuggling syndicates from China offload illegal immigrants from fishing boats in remote islands and bring them to Suva and other cities through domestic navigation routes.

For most of this year, media have reported about Chinese triad rings operating out of Fiji, as well as reports of gang fights breaking out on the streets of the capital Suva and one well- publicized murder in May within the Chinese community. There have also been reports in the media of Chinese women working as prostitutes in Suva.

Newspapers have also reported that Chinese are running exclusive prostitution rings in Suva, and barring access to brothels by non-Chinese visitors. In its latest issue, Pacific Monthly reported that Suva has at least 40 brothels. “A flood of mainland Chinese into Fiji is embroidering Suva’s social scene with ‘Chinese only’ whorehouses,” the magazine claimed, adding that these were serving an increasing number of Chinese fishermen and businessmen allowed to open shop in Suva.

To try to cope with this wave of immigration and its effects, Fiji has reduced its tourist visa from four months to just one month. Officials are also grappling with how to address illegal immigration while encouraging the investments that Fiji needs.

Many Chinese, mostly women, come to work in garment factories set up by Chinese investors. But in March, the government found that it had issued eight work permits to a Chinese investor to bring in workers for a firm that has not been in operation for a year.

“Garment-factory owners, especially from China, have argued that the Chinese are better workers,” said Yashwant Gaunder, publisher of the Fiji business monthly The Review.

But police believe this is an excuse to bring in women to work as prostitutes. “We must remember that these women are being brought to work at a cheaper rate than the locals. They need money to live here. This is the reason they engage in prostitution,” said Inspector Unaisi Vuniwaqa (Seneviratne, K. 2002, ‘Islanders welcome Chinese cash, but not Chinese’, Asia Times, 17 September http://www.atimes.com/atimes/China/DI17Ad04.html – Accessed 12 November 2008 – Attachment 12).

An article dated 31 May 2005 in the Pacific Magazine reported that the Chinese Ambassador to Fiji had warned that damage to relations between Beijing and Suva would be caused “if attacks on Chinese farmers and shopkeepers do not stop”. According to the article: The Chinese ambassador to Fiji has warned that relations between Beijing and Suva will suffer irreparable damage if attacks on Chinese farmers and shopkeepers do not stop.

Ambassador Jinbiao Cai’s warning on Fiji TV followed the brutal murder of a 57-year-old migrant Chinese farmer 10 km north of Suva last weekend. Three armed and masked men are reported to have robbed the farmer and then and hacked him to death, attacking his wife when she came to his aid. It was the fifth attack on the same family in less than two months.

Ambassador Jinbiao, who visited the murder scene, said it was a brutal and cowardly attack and unless those responsible are brought to justice, it will tell the outside world that Fiji isn’t a safe place to live and work and cause potential tourists to have second thoughts about coming to Fiji.

Police didn’t arrive at the murder scene until over two hours after the first report because they didn’t have transport (‘Fiji: Beijing Warning After Attacks on Chinese Immigrants’ 2005, Pacific Magazine, 31 May http://www.pacificmagazine.net/news/2005/05/31/fiji-beijing- warning-after-attacks-on-chinese-immigrants – Accessed 12 November 2008 – Attachment 13).

A Fiji Government press release dated 20 July 2007 on the launch of the Fiji-China Business Council provides some elaboration on the post-2006 coup interim government’s “quest to strengthen friendly ties with China”:

The Interim Government officially launched its business relations with the Peoples Republic of China through the inauguration of the Fiji-China Business Council which was unveiled by the Prime Minister Commodore Voreqe Bainimarama at the Noble House, Suva last night (19/7/07).

Commodore Bainimarama thanked the efforts of stakeholders in ensuring that the Fiji-China business interests are brought into reality.

“I thank you very much for inviting me today to be your Chief Guest for the inauguration of this Fiji/China Business Council,” he said.

“The Government considers this a very momentous occasion in our quest to strengthen friendly ties with China, especially during these challenging times when some of our closest traditional friends, are beginning to distance themselves from us. Government is happy that its diplomatic ties with countries like China, India, Malaysia, South Korea, Japan and Indonesia in the Asian region remain strong and unwavering.”

Commodore Bainimarama said the inauguration of this Fiji/China Business Council is a step in the right direction, not only to strengthen our friendship at the national and political level, but also to strengthen the very foundation of our economies, by allowing our private sector businesses to interact with each other more freely for their own mutual benefit.

“Like most countries, Fiji is widening its bilateral relations and seeking fresh sources of trade, investment and developmental support from other countries as part of its “Look North” policy,” he said. ... He said Fiji has an enduring association with mainland China, founded on the basis of respect of each other’s sovereignty (‘Fiji-China Business Council launched’ 2007, Fiji Government website, 20 July http://www.fiji.gov.fj/publish/page_9476.shtml – Accessed 12 November 2008 – Attachment 14). A Fiji Times article also dated 20 July 2007 additionally reported that the Fijian government was taking steps to “relax visa requirements... to entice more Chinese tourists”. According to the report:

The interim Government has decided to relax visa requirements for Chinese citizens visiting Fiji to entice more Chinese tourists, says interim Prime Minister Commodore Voreqe Bainimarama.

Speaking at the launch of the Fiji/China Business Council in Suva yesterday, Commodore Bainimarama said the interim Government was actively pursuing enhanced level of developmental collaboration with China.

“We are working on a number of proposals to seek developmental and soft loan funding from China to assist with upgrading of our rural roads and maritime transportation, provide low cost housing to squatters, improve our water supply and revitalise Fiji’s agricultural sector,” he said.

Commodore Bainimarama said the launch of the business council was part of the interim Government’s quest to strengthen ties with China, especially when some of Fiji’s closest traditional friends were beginning to distance themselves from us (‘State eases on Chinese’ 2007, Fiji Times, 20 July http://www.fijitimes.com/story.aspx?id=66791 – Accessed 12 November 2008 – Attachment 15).

In an article dated 9 May 2008 by a research associate at the Lowy Institute for International Policy in Sydney, the author observes that increased Chinese aid to Fiji was “effectively dissipating any pressure Western donors might have been generating”:

Research I have been doing on China’s aid in the Pacific that will be launched at the Lowy Institute this month suggests Chinas aid to Fiji has skyrocketed since the coup in December 2006. In 2005 China pledged a rather miserly $US1 million in aid to Fiji. In 2007 grant and loan pledges jumped to $US167 million. This is more than half China’s annual aid to the entire Pacific and dwarfs the $21 million that AusAID has set aside for Fiji in 2007-08.

Just as Australia and other Western donors are trying to squeeze the rebel Government, China has dramatically stepped up its aid, effectively dissipating any pressure Western donors might have been generating. China’s aid package includes a $US150 million low-interest loan for infrastructure and resettlement programs that will no doubt be a welcome boost for a cash- starved government trying to keep the country afloat (Hanson, F. 2008, ‘Don’t ignore the big new player’, Sydney Morning Herald, 9 May http://www.smh.com.au/news/opinion/dont- ignore-the-big-new-player-in-fiji/2008/05/08/1210131163040.html – Accessed 11 November 2008 – Attachment 16).

A report published by Freedom House in July 2008 stated that “race-based discrimination is pervasive” in Fiji and refers to the growing Chinese population having become targets of “resentment and attacks”:

Political, economic, and social debates are frequently divided along ethnic lines, and race- based discrimination is pervasive. Indigenous Fijians receive preferential treatment in education, housing, land acquisition, and other areas; some jobs are open only to them. Discrimination and political and economic troubles have caused more than 120,000 Indo- Fijians to leave Fiji since the late 1980s. Part of the resulting void has been filled by legal and illegal migrants from mainland China, who now make up about 1 percent of the population and control 5 percent of the economy. Their growing economic strength has made them new targets of indigenous Fijian resentment and attacks (Freedom House 2008, Freedom in the World 2008 – Fiji, Refworld website, 2 July http://www.unhcr.org/cgi- bin/texis/vtx/refworld/rwmain?page=search&docid=487ca20ac&skip=0&quer y=fiji%202008 – Accessed 13 November 2008 – Attachment 17).

3. What protection is available to members of ethnic or religious minority groups if they are targeted?

A search of the sources consulted found little detailed information on the protection available to members of ethnic and religious minority groups, but generally indicates that crime is a continuing problem in Fiji. At the same time, it appears that the current interim government of Fiji is actively promoting a multiethnic society.

The most recent US Department of State report on human rights practices in Fiji provides the following information regarding the roles of the Fiji Police Force and the Republic of Fiji Military Forces (RFMF):

The Ministry of Home Affairs, headed by interim Prime Minister Bainimarama, oversees the Fiji Police Force, which is responsible for law enforcement and the maintenance of internal security. The RFMF is responsible for external security. The RFMF maintained that it has a broad constitutional responsibility for national security that also extends to domestic affairs; many constitutional scholars in the country rejected that assertion. In June the former deputy commander of the RFMF was appointed as police commissioner.

The police maintained a network of 31 stations and 54 police posts throughout the country. Policing of more remote and smaller islands was done through regularly scheduled visits. Military personnel were assigned to accompany police patrols and jointly man roadblocks, blurring the lines of authority between the two forces.

The police internal affairs unit is statutorily responsible for investigating complaints of police misconduct. The interim government created a Fiji Independent Commission Against Corruption with wide-ranging investigative powers. The commission undertook numerous investigations of public agencies and officials, including some members of the police force. Some officers were removed from the force. However, impunity and corruption remained problems.

In most cases the interim government took no action against military or police personnel alleged to have committed abuses against coup opponents and prodemocracy activists (US Department of State 2008, Country Reports on Human Rights Practices for 2007 – Fiji, February, Section 1 – Attachment 10).

The US Overseas Security Advisory Council’s most recent report on crime and safety in Fiji indicates that the protection offered by the Fiji police is limited by a number of factors:

The Fiji police force remains in the developmental stages of becoming a modern and effective police operation acting to protect the public. Unfortunately, since the coup, many senior and experienced officers have left the force. The current police commissioner is the former deputy military commander, and has no previous civilian law enforcement experience. The coup has also negatively affected training and equipment assistance that the police previously received from foreign donors. The organization has problems with equipment shortages and only semi- effective investigative units. Street-level patrols and police response to serious incidents are hampered by transportation and manpower limitations. Police officers in Fiji are not armed, and few carry batons or handcuffs.

Personnel and gasoline shortages at police stations are common. Callers requesting police services are routinely told that police cannot respond for lack of transportation. Although there were at least 23 new patrol vehicles donated in 2005, the police fleet remains short of its needs. With the cutting of aid to Fiji due to the coup, the situation has only gotten worse. Expatriate residents of Fiji often voice their frustration at the amount of time it takes the police to respond to emergency calls. There have also been instances when the police have arrived during the commission of a crime, but because they were out-numbered and out- armed, were not able to make arrests.

Investigative performance is uneven. When an offender has been arrested or summoned to court, the crime is considered “detected.” In the first three quarters of 2007, the Fiji detection rate was 45 percent.

Fiji justice has largely moved away from past practices of traditional chiefly or village reconciliation ceremonies in favor of court-ordered measures. This is most true in urban areas. Criminal acts are being reported to the police on a regular basis, and criminals face appropriate jail time (US Overseas Security Advisory Council 2008, Fiji 2008 Crime & Safety Report, 29 April, Overseas Security Advisory Council website https://www.osac.gov/Reports/report.cfm?contentID=82710&print – Accessed 13 November 2008 – Attachment 18).

An RRT Research Response prepared in January 2008 addressed the question of the extent to which the authorities in Fiji have provided protection to victims of crime (RRT Research & Information 2008, RRT Research Response FJI32830, 29 January – Attachment 19).

Information on the police force and the judiciary following the 2006 coup is provided in an RRT research response prepared in August 2007 (RRT Research & Information 2007, RRT Research Response FJI32160, 7 August – Attachment 20).

A report by the UN Committee on the Elimination of Racial Discrimination (CERD) dated 16 May 2008 stated that it was “seriously concerned that no specific laws prohibiting racial discrimination have been adopted by the State party”. The report also observed:

While noting the existing criminal law provisions in relation to article 4 of the Convention, the Committee remains concerned by the State party’s opposition to the banning of racist organizations and the absence of laws to the effect that committing offences for racial reasons generally constitutes an aggravating circumstance. The Committee also reiterates its regret at the State party’s insufficient statistics on discrimination-related cases (art. 4).

Recalling its Committee’s general recommendation 15 on organized violence based on ethnic origin (1993), the Committee strongly recommends that the State party amend its legislation to bring it into line with article 4 of the Convention. The Committee recommends that the State party adopt specific and unambiguous legislation prohibiting racist organizations and amend its laws to the effect that racial motivation constitutes an aggravating circumstance for crimes. Furthermore, the Committee wishes to receive data regarding serious cases of racial hatred or incitement to racial hatred.

The CERD report also stated, however, that it “welcomes the commitment expressed by the State party to strive for reconciliation among the communities in Fiji” (UN Committee on the Elimination of Racial Discrimination (CERD) 2008, Consideration of reports submitted by States parties under article 9 of the Convention: International Convention on the Elimination of All Forms of Racial Discrimination: concluding observations of the Committee on the Elimination of Racial Discrimination: Fiji, UNHCR Refworld website, 16 May http://www.unhcr.org/refworld/docid/4885cf9f0.html – Accessed 13 November 2008 – Attachment 21).

Undated information on the website of the Fiji Human Rights Commission advises that the Commission has established a Race Relations Unit, which the European Union had agreed in 2003 to fund. According to the information on the website:

The main legislative provisions under which the Race Relations has been established are:

(1) s.38(2) 1997 Constitution of Fiji which states

“A person must not be unfairly discriminated against, directly or indirectly, on the ground of his/her:

a. actual or supposed characteristics or circumstances, including race, ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary language, economic status, age or disability; or b. opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others;

or on any ground prohibited by this Constitution”;

(2) s.17(1) Human Rights Commission Act states

“It is unfair discrimination for a person, while involved in any of the areas set out in subsection (3), directly or indirectly to differentiate adversely against or harass any other person by reason of a prohibited ground of discrimination”.

(the prohibited grounds of discrimination referred to above are those stated in s.38 of the 1997 Constitution)

The main responsibilities of the Race Relations Unit include:

• identifying the various race relations issues that exist in Fiji ; • developing a strategy whereby these issues can be addressed; • developing a database, including a library, for materials and resources specifically on race relations in Fiji and to make this available for the public to use for research and other academic purposes; • establishing effective conciliation processes and to take unresolved complaints of human rights violations to the courts for adjudication; • providing advice to Government on relevant race relations issues, including its reporting obligations to the various UN treat bodies, and to assist the Government in the preparation of its reports; • consolidating the Commission’s role in improving race relations in Fiji ; and • raising public awareness and providing advice to the official sector and the judiciary to eliminate racially discriminatory provisions from laws and practices (‘Race Relations Unit’ (undated), Fiji Human Rights Commission website http://www.humanrights.org.fj/race_relations/race_relations.htm – Accessed 12 November 2008 – Attachment 22).

The National Council for Building a Better Fiji (NCBBF) was established in October 2007 and includes Prime Minister Bainimarama as a council member. The NCBBF recently published a report on the state of the nation and economy and a draft Peoples Charter. The foreword to “Fiji – Draft Peoples Charter for Change, Peace & Progress & the State of the Nation and Economy Report” includes the following comments:

The Peoples Charter process, as a national level inclusive and participatory undertaking, represents Fiji’s own way of addressing its deep-rooted, complex and fundamental problems. Integral to this process is the firm commitment of all the stakeholders, including all the members of the NCBBF and in particular the Interim Government, to restore and sustain parliamentary democratic governance, stability and peace in Fiji.

The overarching objective of the Peoples Charter is to rebuild Fiji into a non-racial, culturally vibrant and united, well-governed, truly democratic nation; a nation that seeks progress and prosperity through merit-based equality of opportunity and peace.

The vision for rebuilding Fiji that underpins this overarching objective is guided by the following key principles:

¾ a just and fair society; ¾ achieve unity and national identity; ¾ merit-based equality of opportunity for all Fiji citizens; ¾ transparent and accountable government; ¾ uplifting of the disadvantaged in all communities; ¾ mainstreaming of the indigenous Fijian in a modern, progressive Fiji; and ¾ sharing spiritualities and interfaith dialogue.

Promulgating an Anti-Discrimination Act is one of the “key measures” identified in the Charter (National Council for Building a Better Fiji 2008, ‘Fiji: Draft Peoples Charter For Change, Peace & Progress & The State of the Nation and Economy Report’, National Council for Building a Better Fiji website, August http://www.fijipeoplescharter.com.fj/draftcharternsne.pdf – Accessed 11 November 2008 – Attachment 23).

4. What is the position for Buddhists and other minority religious groups in Fiji?

The US Department of State’s report on religious freedom in Fiji for 2008 makes no specific mention of Buddhism. With reference to the Chinese community in Fiji, the report notes only that “[a]pproximately 60 percent of the small Chinese community is Christian, and 4 percent adheres to Confucianism”. The report observes that “[t]here were isolated problems for religious groups viewed as outside the mainstream seeking to establish congregations in some villages and outer islands”, but does not specify which groups. According to the report:

The Constitution provides for freedom of religion, and other laws and policies contributed to the generally free practice of religion.

The Government generally respected religious freedom in practice. There was no change in the status of respect for religious freedom by the Government during the period covered by this report.

There were isolated reports of societal abuses or discrimination based on religious belief or practice. ...

Section I. Religious Demography ...

Religious affiliation runs largely along ethnic lines. Most indigenous Fijians, who constitute 57 percent of the population, are Christian. Most Indo-Fijians, who account for 37 percent of the population, practice Hinduism, while 20 percent follow Islam. In addition, an estimated 6 percent of Indo-Fijians are Christian. Other ethnic communities include Chinese, Europeans, Rotumans, and other Pacific Islanders. Approximately 60 percent of the small Chinese community is Christian, and 4 percent adheres to Confucianism. The very small European community is predominantly Christian. ...

Section II. Status of Religious Freedom Legal/Policy Framework The Constitution provides for freedom of religion, and other laws and policies contributed to the generally free practice of religion. The law at all levels protects this right in full against abuse, either by governmental or private actors.

Citizens have the right, either individually or collectively, both in public and private, to manifest their religion or beliefs in worship, observance, practice, or teaching. There is no state religion. Religious groups are not required to register. The Government did not restrict foreign clergy, domestic or foreign missionary activity, or other activities of religious organizations. ...

Section III. Societal Abuses and Discrimination There were isolated reports of societal abuses or discrimination based on religious affiliation, belief, or practice. According to police statistics, reported incidents of sacrilege decreased from 39 in 2006 to 22 in 2007. Of the 21 reports of robbery and/or desecration of places of worship reported in 2007, 12 involved Christian churches, 7 involved Hindu temples, and 2 involved mosques. Police surmised that many incidents had more to do with theft than with religious intolerance.

There were isolated problems for religious groups viewed as outside the mainstream seeking to establish congregations in some villages and outer islands. In a few cases, local traditional leaders prevented groups from proselytizing or holding meetings (US Department of State 2008, International Religious Freedom Report for 2008 – Fiji, September – Attachment 24).

Amongst the other sources consulted, the only specific reference found to Buddhism in Fiji was on the website of Soka Gakkai International (which provides information in the Chinese language as well as English, Japanese and Spanish). According to information on the website, “12 million members of Soka Gakkai International (SGI) around the world embrace Nichiren Buddhism” (‘What is SGI?’ (undated), Soka Gakkai International website http://www.sgi.org/about.html – Accessed 11 November 2008 – Attachment 25).

Fiji is briefly mentioned in six articles on the website, none of which indicates adverse treatment of adherents of Buddhism in Fiji. The most recent mention, dated 6 September 2008, reports a district meeting in Lautoka:

On August 16, 2008, SGI-Fiji members gathered for a district meeting in Lautoka, the second largest city in Fiji. Two members shared how their Buddhist practice positively impacted their daily lives. SGI-Oceania Chair Richard Sasaki encouraged everyone to challenge to develop into a person who is trusted in society (‘SGI Members Meet in Fiji and Russia’ 2008, Soka Gakkai International website, 6 September http://www.sgi.org/events080906.html?searched=fiji&highlight=ajaxSearch_highlight+ajaxS earch_highlight1 – Accessed 11 November 2008 – Attachment 26).

According to information on the BBC News website, “Nichiren Buddhism is a Japanese Buddhist movement in the Mahayana tradition. It is also popular in the West and has a fast growing membership in the UK” (‘Nichiren Buddhism’ 2005, BBC News, 5 July http://www.bbc.co.uk/religion/religions/buddhism/subdivisions/nichiren_1.shtml – Accessed 11 November 2008 – Attachment 27).

5. Would a Chinese national lose their Chinese citizenship by acquiring Fijian citizenship? An RRT research response prepared in April 2007 cites sources indicating that China does not recognise dual nationality and that any Chinese national who acquires citizenship of another country cannot retain their Chinese citizenship (RRT Country Research 2007, Research Response CHN31562, 5 April – Attachment 28).

It appears that Fiji also does not recognize dual citizenship. The Citizenship Act (Amendment) Decree 2000 amended the Citizenship Act 1998 by inserting “Part 9 – ACQUISITION OF CITIZENSHIP” which includes, at paragraphs 6 and 8 of section 21, references to renunciation or deemed renunciation of “other citizenship”, as follows:

(6) An application for citizenship by registration made by an adult who is a citizen of another country must be granted if

(a) the person was formerly a citizen of the State; and

(b) such person renounces the other citizenship. ...

(8) If, in accordance with this Decree, a person is required to renounce the citizenship of another country in order to become a citizen of the State but the law of that other country effectively prevents renunciation of that citizenship, the person is deemed to have renounced that citizenship if he or she declares, in the prescribed form, an intention not to exercise the entitlements of that citizenship (Government of Fiji 2000, Citizenship Act (Amendment) Decree 2000, UNHCR Refworld website, 29 May http://www.unhcr.org/refworld/docid/3ae6b57820.html – Accessed 11 November 2008 – Attachment 29).

The Citizenship Act 1998 is also provided here as an attachment (Government of Fiji 1998, Citizenship Act 1998, UNHCR Refworld website, 20 April http://www.unhcr.org/refworld/docid/3ae6b51ac.html – Accessed 11 November 2008 – Attachment 30).

List of Sources Consulted

Internet Sources: Government Information & Reports Embassy of the People’s Republic of China in the Republic of the Fiji Islands website http://fj.chineseembassy.org/eng/ Fiji Human Rights Commission website http://www.humanrights.org.fj Fiji Government website http://www.fiji.gov.fj Ministry of Foreign Affairs of the People’s Republic of China website http://www.fmprc.gov.cn/eng/ Parliament of Fiji website http://www.parliament.gov.fj/main/index.aspx US Department of State website http://www.state.gov United Nations Refworld website http://www.unhcr.org/refworld Non-Government Organisations Amnesty International website http://www.amnesty.org Human Rights Watch website http://www.hrw.org Minority Rights Group International website http://www.minorityrights.org/3/home/mrg- directory-homepage.html International News & Politics ABC News website http://www.abc.net.au/news/ BBC News website http://news.bbc.co.uk Fiji Daily Post website http://www.fijidailypost.com/ Fiji Sun website http://www.sun.com.fj/ Fiji Times website http://www.fijitimes.com/ New Zealand Herald http://www.nzherald.co.nz/ Pacific Economic Bulletin website http://peb.anu.edu.au/peb.php Pacific Magazine website http://www.pacificmagazine.net Search Engines Copernic search engine

Databases: FACTIVA (news database) BACIS (DIAC Country Information database) REFINFO (IRBDC (Canada) Country Information database) ISYS (RRT Research & Information database, including Amnesty International, Human Rights Watch, US Department of State Reports) MRT-RRT Library Catalogue

List of Attachments

1. RRT Country Research 1995, Research Response V94/02830, 11 May.

2. US Department of State 2000, Country Reports on Human Rights Practices for 1999 – Fiji, February.

3. US Department of State 2001, Country Reports on Human Rights Practices for 2000 – Fiji, February.

4. US Department of State 2002, Country Reports on Human Rights Practices for 2001 – Fiji, February.

5. US Department of State 2003, Country Reports on Human Rights Practices for 2002 – Fiji, February.

6. US Department of State 2004, Country Reports on Human Rights Practices for 2003 – Fiji, February.

7. US Department of State 2005, Country Reports on Human Rights Practices for 2004 – Fiji, February.

8. US Department of State 2006, Country Reports on Human Rights Practices for 2005 – Fiji, February.

9. US Department of State 2007, Country Reports on Human Rights Practices for 2006 – Fiji, February.

10. US Department of State 2008, Country Reports on Human Rights Practices for 2007 – Fiji, February.

11. ‘Call for crackdown on illegal Asians after Suva killings’ 2002, Pacific Islands Reports, 19 June. (CISNET Fiji CX65536)

12. Seneviratne, K. 2002, ‘Islanders welcome Chinese cash, but not Chinese’, Asia Times, 17 September http://www.atimes.com/atimes/China/DI17Ad04.html – Accessed 12 November 2008.

13. ‘Fiji: Beijing Warning After Attacks on Chinese Immigrants’ 2005, Pacific Magazine, 31 May http://www.pacificmagazine.net/news/2005/05/31/fiji-beijing-warning-after- attacks-on-chinese-immigrants – Accessed 12 November 2008.

14. ‘Fiji-China Business Council launched’ 2007, Fiji Government website, 20 July http://www.fiji.gov.fj/publish/page_9476.shtml – Accessed 12 November 2008.

15. ‘State eases on Chinese’ 2007, Fiji Times, 20 July http://www.fijitimes.com/story.aspx?id=66791 – Accessed 12 November 2008.

16. Hanson, F. 2008, ‘Don’t ignore the big new player’, Sydney Morning Herald, 9 May http://www.smh.com.au/news/opinion/dont-ignore-the-big-new-player-in- fiji/2008/05/08/1210131163040.html – Accessed 11 November 2008.

17. Freedom House 2008, Freedom in the World 2008 – Fiji, Refworld website, 2 July http://www.unhcr.org/cgi- bin/texis/vtx/refworld/rwmain?page=search&docid=487ca20ac&skip=0&am p;query=fiji%202008 – Accessed 13 November 2008.

18. US Overseas Security Advisory Council 2008, Fiji 2008 Crime & Safety Report, 29 April, Overseas Security Advisory Council website https://www.osac.gov/Reports/report.cfm?contentID=82710&print – Accessed 13 November 2008.

19. RRT Research & Information 2008, RRT Research Response FJI32830, 29 January.

20. RRT Research & Information 2007, RRT Research Response FJI32160, 7 August.

21. UN Committee on the Elimination of Racial Discrimination (CERD) 2008, Consideration of reports submitted by States parties under article 9 of the Convention: International Convention on the Elimination of All Forms of Racial Discrimination: concluding observations of the Committee on the Elimination of Racial Discrimination: Fiji, UNHCR Refworld website, 16 May http://www.unhcr.org/refworld/docid/4885cf9f0.html – Accessed 13 November 2008.

22. ‘Race Relations Unit’ (undated), Fiji Human Rights Commission website http://www.humanrights.org.fj/race_relations/race_relations.htm – Accessed 12 November 2008.

23. National Council for Building a Better Fiji 2008, ‘Fiji: Draft Peoples Charter For Change, Peace & Progress & The State of the Nation and Economy Report’, National Council for Building a Better Fiji website, August http://www.fijipeoplescharter.com.fj/draftcharternsne.pdf – Accessed 11 November 2008.

24. US Department of State 2008, International Religious Freedom Report for 2008 – Fiji, September.

25. ‘What is SGI?’ (undated), Soka Gakkai International website http://www.sgi.org/about.html – Accessed 11 November 2008.

26. ‘SGI Members Meet in Fiji and Russia’ 2008, Soka Gakkai International website, 6 September http://www.sgi.org/events080906.html?searched=fiji&highlight=ajaxSearch_highlight+ ajaxSearch_highlight1 – Accessed 11 November 2008.

27. ‘Nichiren Buddhism’ 2005, BBC News, 5 July http://www.bbc.co.uk/religion/religions/buddhism/subdivisions/nichiren_1.shtml – Accessed 11 November 2008.

28. RRT Country Research 2007, Research Response CHN31562, 5 April.

29. Government of Fiji 2000, Citizenship Act (Amendment) Decree 2000, UNHCR Refworld website, 29 May http://www.unhcr.org/refworld/docid/3ae6b57820.html – Accessed 11 November 2008.

30. Government of Fiji 1998, Citizenship Act 1998, UNHCR Refworld website, 20 April http://www.unhcr.org/refworld/docid/3ae6b51ac.html – Accessed 11 November 2008.