Freedom in the World 2024 - Fiji

PARTLY FREE
66
/ 100
Political Rights 27 / 40
Civil Liberties 39 / 60
LAST YEAR'S SCORE & STATUS
59 / 100 Partly Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 
 

Overview

The repressive climate that followed a 2006 coup has eased, with democratic elections held in 2014 and 2018. The 2022 elections were followed by a peaceful transfer of power, ending 16 years of governments headed by 2006 coup leader Frank Bainimarama.

Key Developments in 2023

  • In January, Jone Kalouniwai, the commander of the Republic of Fiji Military Forces (RFMF), indicated his support for the newly elected coalition government but warned against “sweeping changes” or any encroachment on the “separation of powers.”
  • In February, Frank Bainimarama, the opposition leader and former prime minister, accused President Ratu Wiliame Katonivere of failing to uphold the rule of law and called on the RFMF to act to defend the constitution. He was accused of sedition and suspended for three years, and stepped down from his seat in Parliament in March.
  • In April, the Media Industry Development Act, the main legal instrument allowing press censorship, was abolished.
  • In October, former prime minister Bainimarama and suspended police chief Sitiveni Qiliho were found not guilty of halting a 2020 police investigation. The government has appealed the verdict.

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 3 / 4

The prime minister is the head of government. The party that wins the most seats in parliamentary elections selects the prime minister, who is then appointed by the president. In December 2022 parliamentary elections, the ruling FijiFirst party and a coalition of two opposition parties, the People’s Alliance (PA) and the National Federation Party (NFP), each won 26 seats. The remaining 3 seats in the 55-member parliament were won by the Social Democratic Liberal Party (SODELPA). After some equivocation, SODELPA decided to join the opposition coalition to form a government, ending 16 years of governments headed by 2006 coup leader Frank Bainimarama. Sitiveni Rabuka, head of the PA, was elected by a secret ballot of members of parliament days later.

The Multinational Observer Group found the 2022 elections to be well administered and that “Fijian voters were able to exercise their right to vote freely and the outcome of the general election broadly reflected their will.” Opposition leaders had raised allegations of irregularities after a glitch in the official elections office app forced a pause in vote counting, but protests quieted after it became clear that the opposition had won the election.

The president is elected by Parliament for a three-year term and holds a largely ceremonial role. In October 2021, Ratu Wiliame Katonivere was elected president, replacing former president George Konrote.

Following the December 2022 elections, Bainimarama stepped down as prime minister and briefly became the leader of the opposition. However, in February 2023 he gave a speech in Parliament in which he accused the president of failing to uphold the rule of law and called on the RFMF to act to defend the constitution. He was accused of sedition and suspended from Parliament for three years, and stepped down from his seat in Parliament in March.

A2 0-4 pts
Were the current national legislative representatives elected through free and fair elections? 2 / 4

Parliament is Fiji’s unicameral legislative body, with 55 members elected to serve four-year terms. The country uses an open list proportional representation system with a single, nationwide constituency; candidates are represented only by numbers on ballot papers. International observers of the 2018 and 2022 parliamentary elections found polling largely credible.

Municipal elections, which have not been held since 2005, are planned for 2024. Municipal councils were dissolved in 2009 and have since been run by government-appointed administrators.

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3 / 4

The legal framework for Fijian elections is considered fair. However, the structure of the electoral administration has raised concerns about potential political interference. Until December 2022, FijiFirst’s secretary general, Aiyaz Sayed-Khaiyum, served as minister of elections as well as attorney general.

In July 2023, Parliament amended the Electoral (Registration of Voters) Act to remove a requirement that citizens use the name “specified on the applicant’s birth certificate” to vote, following objections that the provision could disenfranchise women who changed their names after marriage.

Amendments in 2021 and 2022 to the electoral law increased the powers of the Supervisor of Elections (SoE) significantly. The Law Council of Australia warned that the 2022 amendment gives the SoE “extraordinarily broad information-gathering powers without adequate safeguards or oversight mechanisms.”

Under Fiji’s open-list proportional system, seats that become vacant are filled by the next-highest polling candidate on the party list. In 2023, a reconstituted Electoral Commission filled several FijiFirst seats that had been vacated by Bainimarama and former ministers Rosy Akbar and Ifereimi Waqainabete.

In 2023, the incoming government announced its intent to amend the 2013 constitution, but amendments face large legal hurdles and are not viewed favorably by the RFMF. In a January 2023 speech, Kalouniwai emphasized the importance of Section 131 of the constitution, which gives the RFMF a role in protecting the “wellbeing” of the Fijian people.

Score Change: The score improved from 2 to 3 because lawmakers eliminated a 2021 rule that discriminated against married women and others by requiring voters and candidates to register under the name on their birth certificate.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 3 / 4

The right to form political parties is constitutionally guaranteed, but the 2006–22 FijiFirst government introduced eligibility requirements that discourage the formation of smaller parties, including that prospective parties must submit 5,000 signatures to register. The 5 percent nationwide threshold for representation in Parliament further disincentivizes the formation of smaller parties. In September 2021, Rabuka, who had formerly led SODELPA, successfully registered a new party, the PA, which now leads the ruling coalition.

In July 2021, nine leading opposition figures were detained and questioned by police after voicing opposition to Bill 17, a controversial draft law that would alter how native land leases are administered by the iTaukei Land Trust Board; the bill was passed into law in August 2021.

In May 2023, the opposition FijiFirst party was suspended for failing to submit an audited copy of its financial records, in violation of the laws it had passed to regulate political parties. The suspension was lifted in June after the party submitted its audited records.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 3 / 4

For many years, the dominance of FijiFirst in Parliament left little space for opposition forces to assert themselves politically. The victory of the opposition in the December 2022 polls demonstrated that, despite all the advantages of incumbency, the electoral framework allowed the rise of an opposition that could defeat the FijiFirst government.

While it has lasted since December 2022, the government would lose its majority if the SODELPA Party, which holds three seats, aligned itself with the opposition.

In September 2022, lawyer and prospective opposition candidate Richard Naidu, a vociferous critic of the government, was found guilty of contempt and “scandalizing the court” after he pointed out on Facebook that a High Court judge misspelled the word “injunction” as “injection.” After the change in government, the conviction was dismissed in July 2023.

Score Change: The score improved from 2 to 3 because the rotation of power achieved through the December 2022 elections endured for a full year and the former ruling party had the potential to return to power through democratic means.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 2 / 4

The 2013 constitution provides that “it shall be the overall responsibility of the Republic of Fiji Military Forces (RFMF) to ensure at all times the security, defence and well-being of Fiji and all Fijians,” but the military has a history of interference in Fijian politics. Several prominent political leaders, including both Bainimarama and Rabuka, are former military commanders, which contributes to the perception that the military has undue political influence.

In the immediate aftermath of the December 2022 election, the commissioner of police, Brigadier-General Sitiveni Qiliho, citing claims of impending ethnic unrest and tension, called for a deployment of the RFMF in Suva. The RFMF accepted the call, though its commander, Ro Jone Kalouniwai, repeatedly promised to abide by the election’s results.

B4 0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 3 / 4

The law does not restrict the participation of ethnic, racial, religious, and other minority groups, or of women, in politics. However, both Indigenous and Indo-Fijian women are underrepresented by political parties. Only 6 out of the 55 members of parliament are women following the 2022 elections. A law passed under Bainimarama requiring voters to register using the name on their birth certificates disproportionately affected women, but was abolished in 2023.

Small minority groups, including Banabans, members of the Chinese ethnic minority, and the descendants of people from the Solomon Islands lack significant political representation.

C Functioning of Government

C1 0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 3 / 4

The executive branch under the prime minister determines the policies of government. With the 2022 elections resulting in a transfer of power and a relatively evenly divided Parliament, legislators now have a greater role in consulting on legislation than they did when FijiFirst held a strong parliamentary majority.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 2 / 4

Corruption remains a serious problem, and existing safeguards are limited in their effectiveness. The Fiji Independent Commission Against Corruption (FICAC) has had limited success combatting institutional corruption, and has been used to pursue politically motivated cases against opposition politicians. The PA made a campaign pledge to abolish FICAC, but the commission is enshrined in the 2013 constitution, and so the incoming government has sought to reform the institution rather than abolishing it.

C3 0-4 pts
Does the government operate with openness and transparency? 3 / 4

After the restoration of electoral democracy in 2014, government transparency and openness improved. Parliamentary sessions were broadcast live and the Hansard (an official report of parliamentary proceedings) was updated regularly. The 2018 Information Act gives individuals the right to access information held by government ministries and agencies. Although candidates for elections are required to declare their assets, there is no law requiring public asset disclosures by members of parliament.

Prior to the 2022 election, FijiFirst used its parliamentary majority to rewrite Parliament’s procedural rules in a manner that limited debate on legislation and scrutiny of official statements. Although some legislation is still passed using emergency procedures, in most cases efforts to curtail debate stopped in 2023. In July 2023, Parliament revised its procedural rules and abolished the use of secret ballots in the election of the prime minister.

Following the change in government, cabinet meetings are now followed by press conferences with the prime minister, and include time for media questions. Ministers also regularly host press conferences and ministerial officials have been prepared to give media interviews.

The 2013 Constitution was enacted prior to the first post–2006 coup elections in 2014, and after minimal public consultation. It cannot be changed without the support of 75 percent of all registered voters in a referendum and 75 percent of Parliament, though the method of its adoption without public consent could be subjected to judicial review.

The head of Fiji’s Bureau of Statistics, Kemueli Naiqama, was dismissed in September 2021 for publishing data on ethnicity in the 2019–2020 Household Income and Expenditure Survey. The former attorney general questioned the reliability of the data, which showed that the majority of people experiencing poverty in the country are Indigenous Fijians. Naiqama was appointed as the head of the Fiji Bureau of Statistics in September 2023.

Score Change: The score improved from 2 to 3 because the new government adopted more open parliamentary procedures and increased media access to officials.

Civil Liberties

D Freedom of Expression and Belief

D1 0-4 pts
Are there free and independent media? 4 / 4

Fiji has an active media sector, with several private television stations, radio stations, and newspapers. Under the Bainimarama-led governments, the Media Industry Development Decree was used to ban reporting that was critical of the government or harmful to “national interest public order.” Restrictive press laws were sometimes enforced by the government, and the risk of fines and jail time encouraged self-censorship. The political opposition and other critics accused the state of using its power to silence critics.

In 2023, the opposition FijiFirst party defended media censorship, claiming that it serves as a way to counter racial vilification and that the media behaves unethically. Nonetheless, the Media Industry Development Decree was abolished in April 2023, allowing the media to operate more freely. In October, the Fiji Media Council was reestablished.

Score Change: The score improved from 2 to 4 because Parliament repealed a highly restrictive 2010 media law, allowing significantly more independent reporting from both public and private outlets.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 4 / 4

Freedom of religion is generally respected, though in the past there have been many cases of vandalism of Hindu temples. In July 2021, there were reports of arson attacks on mosques and Muslim-owned shops on the island of Taveuni and in Labasa.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 3 / 4

Academic freedom is not directly constrained, but under the FijiFirst administrations government control over funding was used to exert influence over trade schools and universities.

Through 2022, government continued to withhold funding for the Fiji-based University of the South Pacific (USP) on the grounds that the university’s leadership had engaged in misconduct. Vice Chancellor Pal Ahluwalia had launched an investigation into irregularities under his predecessor, who was known to be close to the Fiji government. Though the government deported Ahluwalia, a Canadian citizen, in February 2021, he ran the university from neighboring Samoa while living in exile. In December 2022, days after Rabuka was sworn in as prime minister, the prohibition order on Ahluwalia was lifted. In its 2023–24 budget, the government announced $53.5 million in funding for USP, including $33.5 million as an annual grant and $20 million towards clearing existing unpaid grants.

Score Change: The score improved from 2 to 3 because the new government restored funding to the University of the South Pacific and allowed its vice chancellor to return to the country, ending a politically fraught dispute that dated to the previous government.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 3 / 4

The government places some constraints on free speech, such as a law banning the burning of the national flag. In July 2021, the acting police commissioner warned the public to be cautious when expressing opposition to Bill 17 on social media.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 2 / 4

The constitution gives the government wide latitude to prohibit protests, including on the basis of public safety and morality.

E2 0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 3 / 4

Fiji has an extensive nongovernmental organization (NGO) network, which largely operates without government interference. However, strict sedition laws, which criminalize criticism of the government, place constraints on the range of initiatives that NGOs can undertake.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 3 / 4

Trade union protests were a regularly restricted under the 2006–22 government, and the Fiji Trades Union Congress (FTUC) was regularly denied permits for marches. However, these restrictions did not continue in 2023, and the government announced the restoration of the Tripartite Forum, which facilitates negotiations between trades unions, employers, and the government.

Score Change: The score improved from 2 to 3 because the new government eased restrictions on trade union activity and restored an official forum designed to facilitate union-employer negotiations.

F Rule of Law

F1 0-4 pts
Is there an independent judiciary? 2 / 4

While the constitution guarantees an independent judiciary, there have been credible allegations of political interference among judges. The prime minister has substantial appointment powers, with the authority to both appoint and dismiss judges on the Supreme Court and other high courts. These powers leave the judiciary vulnerable to interference and abuse by the executive. Fiji has refused entry into the country for the UN Special Rapporteur on the independence of judges since 2014.

Since the December 2022 change in government, a large number of new judges have been appointed, including some from neighboring countries. Two New Zealand judges were appointed to Fiji’s Supreme Court in July 2023.

In October 2023, a court rejected the charges brought against Bainimarama and his administration’s police chief, Sitiveni Qiliho. Both men were accused of stopping a police investigation into a 2020 complaint brought by the USP. The ruling demonstrated a greater degree of independence in the judiciary than existed under the previous government. The government has appealed the decision.

In the aftermath of the case, the prime minister sought to reshuffle his cabinet by removing Attorney General Siromi Turaga and installing him as minister of lands and mineral resources. However, his proposed replacement, Filimoni Vosarogo, was found to have previously pled guilty to “professional misconduct” on three occasions, making him ineligible to become attorney general. As a result, the reshuffle was cancelled and Siromi Turaga remained in his post.

The Criminal Procedure (Amendment) Act, passed by Parliament in February 2021, removed assessors—lay judicial advisors—from trials, leaving verdicts in criminal cases solely to judges. Though the attorney general at the time claimed the assessor system had contributed to discrimination based on ethnicity in court decisions, opposition leaders criticized the amendments, saying that removing assessors eliminates public participation and reduces transparency in the criminal justice system. The Fiji Law Society has called on the Rabuka government to reinstate the assessor system.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 1 / 4

In the past due process rights were often not respected in practice. Corruption is a major problem in the police force. Due to resource shortages, lengthy pretrial detentions are common. The law allows suspects to be arrested without a warrant for violating the Crimes Decree.

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 2 / 4

Torture and beatings by police remain a serious issue. Police officers and military officials who commit abuses are rarely brought to justice, and those who are convicted of crimes are frequently pardoned or have their convictions overturned on appeal. In May 2022, there was widespread criticism after a video circulated on social media showing a police officer apparently assaulting a bus driver during an arrest.

Prisons are often overcrowded, lack sanitation, and provide inadequate health services. Fiji refuses entry into the country for the United Nations Special Rapporteur on torture.

Crime is a major problem, exacerbated by a significant methamphetamine trade.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 2 / 4

LGBT+ people face discrimination in employment and access to healthcare. Bainimarama was criticized for making prejudiced remarks against LGBT+ people.

Women experience discrimination in employment as well, and a gender pay gap persists.

Relations between Indigenous Fijians and Indo-Fijians remain strained. Indigenous Fijians previously enjoyed legal advantages in education and political representation. However, the interim government installed after the 2006 coup removed many of these privileges in a bid to foster a sense of national unity.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 3 / 4

Citizens enjoy the freedom to travel, live, work, and seek education inside and outside the country. However, the law gives the government broad powers to restrict both internal and foreign travel. Substantial restrictions on movement were imposed in 2021 in response to the COVID-19 pandemic.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 3 / 4

Property rights are generally respected. However, it is difficult to obtain land titles. The government amended the Land Sales Act in 2014 to require foreign nationals who fail to build a dwelling on their land within two years of acquisition to pay a fine equivalent to 10 percent of the land value every six months. Under the law, urban residential freehold land cannot be sold to foreigners.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 2 / 4

Domestic violence remains a problem in Fiji, and perpetrators who are convicted of the crime often receive light sentences. According to the Fiji Women’s Crisis Center, there was a spike in domestic violence cases during the government’s lockdown in 2020, implemented to prevent the spread of COVID-19.

There is a growing movement in support of marriage equality in Fiji. A transgender woman, Divina Loloma, ran in the December 2022 general election for the NFP.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 2 / 4

Human trafficking, including sex trafficking of children, remained a problem in 2023. The US State Department’s 2023 Trafficking in Persons Report continued to report that Fiji “does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.” However, trafficking convictions remain rare, with only two recorded in the country since 2014. Safety standards at workplaces are not always adequately enforced. Long work hours are common in some jobs, including transportation and shipping.