16 Mar 2021

Law society raises concern over Fiji Police Bill

5:06 pm on 16 March 2021

The Fiji Law Society says it is concerned about some aspects of the proposed Police Bill.

No caption.

Photo: RNZ Pacific/Koroi Hawkins

This comes amid growing criticism against the draft legislation which gives police more surveillance powers.

The Bill, under public consultation, will replace the 1965 Police Act.

The law society said while it understands the Bill needs to be modernised to meet today's circumstances, the increased police powers go well beyond this.

Its president William Clark said the technology that did not exist in 1965 when the current Police Act was enacted needs to change.

But he said the Bill 'potentially affects fundamental human rights set out in the Constitution and international conventions which Fiji has signed.'

"The proposed Bill may also conflict with provisions of the Criminal Procedure Act and common law rights to personal and real property and privacy," he said.

"The wide scope of the proposed police powers is inconsistent with values of respect for human rights, freedom and the rule of law.

"The Fiji Law Society has also previously expressed its concern about the increasingly frequent allegations of police brutality, and take note of other allegations regarding the unreasonable detention of persons for up to forty-eight hours."

Against this backdrop, Clark said immunity afforded to police officers under the Bill's proposed terms must therefore be carefully scrutinised.

He praised the Ministry of Defence and National Security & Policing for commencing the public consultation process.

But he said this consultation process must not stop here.

"We do not understand why face to face consultations are currently restricted to the maritime islands and rural areas and that people living in urban areas are to provide their submissions online."

Meanwhile, the first phase of face-to-face public consultations on the draft Bill got underway today in Levuka.

The Defence Ministry said the consultation is being held at the Lomaiviti Provincial Council conference room.

The ministry said the face-to-face consultations would also be held in rural and maritime areas such as Rotuma, Yasawa, Kadavu and Taveuni.

On 16 February, online submissions were opened to members of the public living in urban centres for a period of 30 days.

William Clarke.

William Clarke. Photo: Supplied/Fiji Law Society