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Judicial Colloquium
the Fiji Judiciary and the Fiji Human Rights Commission
in partnership
PRESENT
A Judicial Colloquium
"Access to Justice in a Changing World"
Click here for Suva Statement on the Principles of Judicial independence & Access To Justice.
On 6-8 August 2004, the Fiji Human Rights Commission, in partnership with the Fiji Judiciary and INTERIGHTS ( International Legal Center for the Protection of Human Rights), a human rights organisation from London , United Kingdom , organized a judicial colloquium at the Holiday Inn, Suva .
AIMS
The colloquium was organized to bring together members of the judiciary from Fiji with prominent jurists from around the Commonwealth to explore a number of key issues affecting and concerning the judiciary in recent times.
These issues include:
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The independence of the judiciary and the primacy of the rule of law;
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The role of the judiciary in the fight against terrorism;
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The role of the judiciary in safeguarding and protecting human rights in a world where terrorism is a reality;
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The role of international laws in asserting human rights under domestic laws;
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Guarantee of effective access to justice for all people, both citizens and non-citizens.
The above issues were discussed in the context of recent events, such as the events of September 11, 2001 , and subsequent actions by most governments in increasing security measures that effectively contradict basic principles of human rights.
PARTICIPANTS
The event was attended by most judges of the courts of Fiji , including judges of the High Court, Court of Appeal, and the Supreme Court. There was also attendance by the Chief Magistrate. All those in attendance included:
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Chief Justice, Hon. Mr. Justice Daniel Fatiaki;
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Hon. Mr. Justice Gordon Ward, President of the Fiji Court of Appeal;
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Hon. Mr. Justice Davendra Pathik, High Court;
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Hon. Madam Justice Nazhat Shameem, High Court;
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Hon. Madam Justice Mere Pulea, High Court;
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Hon. Mr. Justice John Byrne, High Court;
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Hon. Mr. Justice John Connors, High Court;
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Hon. Mr. Justice Jitendra Singh, High Court;
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Hon. Mr. Justice Gerard Winter, High Court;
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Hon. Mr. Justice Anthony Gates, High Court;
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Hon. Mr. Justice Filimone Jitoko, High Court;
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Hon. Chief Magistrate Mr. David Balram, Magistrate Court ;
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Madam Magistrate, Lisa Gowing, Magistrate Court .
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Hon. Mr. Justice Sir Moti Tikaram, retired President, Fiji Court of Appeal.
INTERIGHTS was able to secure funding for the attendance of 6 international jurists, all of who are judges in the highest courts of their respective countries. These include:
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Hon. Justice Michael Kirby, of the High Court of Australia ;
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Hon. Justice John Evans, of the Federal Court of Appeal of Canada ;
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Hon. Justice Sir Kenneth Keith, of the Supreme Court of New Zealand ;
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Hon. Justice Claire L'Heureux-Duce, retired judge of the Supreme Court of Canada;
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Hon. Justice Florence Mumba, of the Appeals Chamber of ICTY and ACTR;
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Hon. Justice Sir Mari Kapi, Chief Justice of Papua New Guinea .
The Commission assisted in securing the attendance of Dr. Edouard Delaplace, of the Association for the Prevention of Torture, from Geneva , Switzerland .
PRESENTATION AND COMMENTARIES
The order of the event included presentation of papers by international jurists with commentaries on those papers provided by selected judges of the Fiji courts. A general discussion session followed each presentation and commentary.
Presentations and commentaries were made on the following topics:
Session 1 - Independence of the Judiciary
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Honourable Justice Michael Kirby AC CMG, High Court of Australia
"Upholding Human Rights After September 11, 2001 : The Empire Strikes Back". -
Honourable Mr. Justice John M Evans, Federal Court of Appeal of Canada
"Judicial Independence , Human Rights and the War on Terror".
Session 2 - Protecting Civil Liberties
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Right Honourable Sir Kenneth Keith, Supreme Court of New Zealand
" Liberty and Security: Using international laws through national law to protect human rights in the face of increased emphasis on security"
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Dr. Edouard Delaplace, Association of the Prevention of Torture
" Main trends in use of torture worldwide and the role of the judges in protecting liberty and security of those charged with terrorist offences"
Session 3 - Ensuring Justice for Marginalised Groups
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Judge Florence Mumba - Appeals Chamber of ICTY and ICTR
" Guaranteeing access to justice for the marginalized groups: The Quest for Dignity. -
Honourable Madam Justice Claire L'Heureux-Dubé - Supreme Court of Canada (Retired)
"Access to Justice: As much a question of equality as one of justice: The Quebec Experience"
OUTCOME
The colloquium proved a success.
It concluded with the drafting of a statement by all participants confirming their commitment to maintaining the rule of law, good governance and human rights promotion. The statement, called the Suva Statements, contained 11 paragraphs.