Legal Advocacy

CCF’s Legal section advocates for human rights, good governance, democracy and the Rule of Law. This forms a key part of CCF’s to Strengthening Fiji’s democracy programme institutions by lobbying for an appropriate legal framework to support those institutions.

Our work includes:

Making submissions to the UN on international human rights instruments, including the:

  1. Convention on the Elimination of Racial Discrimination.
  2. Declaration on the Rights of Indigenous Peoples;
  3. and Universal Periodic Review;

Supporting and commencing public interest litigation to defend Human Rights, the Constitution and the Rule of Law including:

  1. Supporting affidavits for the Prasad Case (2001);
  2. Upholding the Constitution by commencing proceedings in the Yabaki Case (date);
  3. Judicial review of the early release of prisoners on CSO’s (Ratu Jope Case); and
  4. Defending the Constitution and the Rule of Law by appearing as Amicus Curiae (Friend of the Court) in the Qarase v Bainimarama Appeals Case

Advocating for and making submissions on proposed legal reforms, particularly laws which support human rights and principles of good governance (such as Freedom of Information Laws, Code of Conduct and Anti-discrimination legislation.

Universal Periodic Review (UPR) Submissions for Fiji

Fiji is to be reviewed for the first time under this procedure by the UN Human Rights Council. The UPR is an overview of the human rights situation in accordance with the Universal Declaration on Human Rights and the human rights conventions ratified by Fiji. CCF prepared submissions on recent human rights violations in Fiji and has made recommendations to help ensure the protection and promotion of human rights in Fiji.

Click here to see CCF’s full submissions http://www.ccf.org.fj/about_us/annual_report/UPR.pdf

All submissions made on Fiji are available at:

http://www.ohchr.org/EN/HRBodies/UPR%5CPAGES%5CFJSession7.aspx

Qarase v Bainimarama Appeals Case

In March and April 2009, CCF appeared as a Friend of the Court in this case. CCF was able to assist the Court due to its history and expertise in constitutional law. The Court of Appeal held that the interim government established after December 2006 was unlawful and unconstitutional. This was a landmark decision which reaffirmed the importance of the Constitution and the rule of law in Fiji.

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