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PERISCOPE - Occasional Analysis Brief Series

PERISCOPE -Occasional Analysis Brief Vol. 7 2021: The Rule of Law in Fiji

Freedom from Cruel and Degrading Treatment; Freedom of Speech and Association

'Periscope' is the Occasional Analysis Paper/Brief series of the Konrad Adenauer Foundation's Regional Programme Australia and the Pacific. Just like the real-world sighting instrument, Periscope is meant as a lens to broaden our insights - taking in views from different angles. This way, it seeks to bring together perspectives from Germany, Europe, Australia, New Zealand and the Pacific region to augment our understanding of contemporary issues and help address the pressing problems of our time. The Periscope Series covers topics from the area of foreign and security policy, cybersecurity, terrorism/counter-terrorism, energy policy, rule of law, socio-economic matters and development policy. It comprises both longer Analysis Papers– in the form of single-author (and co-authored) contributions or edited volumes with multiple authors - and shorter Analysis Briefs.

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Despite celebrating her 50th year of Independence in 2020, Fiji since its independence in 1970 has had four coups and three constitutions, with the international community observing if there are solutions to stability for the rule of law and for democracy despite the coup cycle phenomena.
To date, Fiji has ratified seven of the nine core human rights treaties1; the Standing Committee on Foreign Affairs and Defence of the Parliament of Fiji is deliberating on the accession to the last two: the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) and the Convention on the Protection of All Persons from Enforced Disappearance (CED). The 2013 Fiji Constitution is applied by the judiciary to provide for guidelines on the gaps in the law with regards to these treaties2.​​​​​​​​​

 

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About the Author

Ana Tuiketei

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Ana Tuiketi is an international lawyer, arbitrator and the first listed Pacific Counsel with the International Criminal Court (The Hague). She was also the elected at the ICC Bar Association General Assembly to the Defence and Membership Committee - another first for the Pacific. She is also the only female Pacific Islander listed as an Arbitrator with the Court of Arbitration for Sport (Lausanne, Switzerland).
She is admitted to the Tongan and Fijian Bar.
She is the Deputy Director of the Institute of Small and Micro States based in the UK.
She sits on various Fijian and Regional Boards including the Fiji Employment Relations Advisory Board, Fiji Sports Council, Fiji Chamber of Commerce & Industry, Save the Children’s Fund Fiji, and the Fiji Exporters Council. She is a Heart Ambassador for the internationally recognised Sai Prema Foundation Fiji that is creating a world-class facility with the aim of providing the best possible surgery and free treatment to the children of the Pacific.
She is also in the UK Commonwealth Secretariat Task Force on International Arbitration. She is a fellow with FICA (Forum for International Conciliation and Arbitration) and has worked in ADB Projectsaround the region.
She is the only Fijian female accredited by World Rugby and is one of only two pacific women that are Oceania Judicial Officers. She is the only Oceania International Rugby League Independent Chair. She is also an Arbitrator in the Fiji Employment Arbitration Court (High Court). In 2017, she was awarded the Medal of the Order of Fiji by the President of Fiji for her national contribution.
​​​​​​​She has also been involved in presenting before the Fiji Parliamentary Committees; drafting legislativereviews, strategic policies and industry negotiations for regional institutions. She is passionate about law reform and comes with a wealth of experience, knowledge and extensive professional exposure not only limited to Fiji’s domestic public policy and private sector engagement, but with a reasonable degree of regional professional perspective, engagement and experience.

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Kontakt

Eva Wagner

Eva Wagner

Senior Programm-Koordinatorin Rechtsstaatlichkeit, Energie- und Entwicklungspolitik

eva.wagner@kas.de +61 2 6154 9323

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