The Human Rights and Anti-Discrimination Commission has cautioned that any move to declare a State of Emergency (SOE) in Fiji must meet strict legal and human rights thresholds, stressing it should only be used as a last resort.
Director Loukinikini Lewaravu said an SOE is an “extraordinary and exceptional measure” that must not be taken lightly.
“This is why a State of Emergency… should be a measure of last resort,” she said, noting alignment with remarks by Defence Minister Pio Tikoduadua.
Ms Lewaravu said international law places clear limits on such declarations.
“Fiji… is obliged under Article 4… to ensure that Public Emergency is not only a last resort measure, but it must also be temporary, actual and threaten the life of a nation.”
She warned that an SOE should not be used as a precautionary or political tool.
“It should not be used as a precautionary or political measure, but must instead be based on clear, demonstrable necessity and credible evidence,” she said.
While acknowledging the seriousness of the illicit drug crisis, the Commission stressed that responses must uphold democratic values.
“The response must not come at the expense of democratic principles, human rights and dignity, and the rule of law,” Ms Lewaravu said.
She emphasised the need for broader, long-term strategies beyond enforcement.
“A sustainable and effective approach requires strengthening public institutions… and incorporating broader strategies such as rehabilitation, public education and harm reduction initiatives.”
The Commission also called for inclusive efforts involving communities, civil society, faith-based organisations and NGOs.
It urged Government to ensure that any proposed SOE is strictly time-bound and subject to oversight.
“Such a proposal must meet the test of exceptional and last resort; be temporary, strictly time bound; and subject to continuous scrutiny,” Ms Lewaravu said, referencing provisions under the 2013 Constitution.
The Commission said maintaining a balance between public safety and fundamental rights is critical.
“A balanced, evidence-based, rights-respecting approach… safeguards both public safety and the fundamental rights of all people in Fiji.”
It added that any emergency measure must include a clear pathway back to normal constitutional governance.
