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Fiji lawyers urge judges to resist ouster

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Members of Fiji's Law Society on Tuesday called for deposed judges to remain in office and resist the current military regime's attempts to oust them. Judiciary confusion and political upheaval have continued in Fiji as lawyers refused to accept the dismantling of the government by President Ratu Josefa Iloilo. Working with prime minister and head of Fijian military Commodore Josaia Voreqe "Frank" Bainimarama, the military-backed government on Tuesday arrested law society president Dorsami Naidu. The turmoil comes days after the Court of Appeal held that Iloilo's 2006 appointment of Bainimarama as prime minister was unconstitutional, prompting Iloilo to dismantle the government and suspend the constitution. Fiji, a member of the Commonwealth, now faces expulsion from that body and regional groups. In anticipation of civilian unrest, the military has been given permission to shoot civilians, and a 30-day period of emergency has been put in place. The central bank has tightened exchange rates as well, with the head offices reportedly being held by security forces. Bainimarama and Iloilo have promised to hold elections in 2014. The turmoil has built since Iloilo reappointed Bainimarama prime minister over the weekend. After Friday's announcement of the suspension of the constitution, US State Department spokesman Richard Aker criticized Iloilo's decision, saying it was a step backwards for the country, and called on Fiji to continue to recognize rights outlined in the suspended constitution. Iloilo's government has defended the 2006 coup as legal because Iloilo had reserve powers that permitted him to dismiss the government and appoint new leaders, and he had given his permission to Bainimarama. Two days after the coup in December 2006, an interim prime minister had said that the coup was technically "illegal" but necessary.

Full post as published by JURIST - The Paper Chase on April 14, 2009 (boomark / email).