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FIJI HUMAN RIGHTS COMMISSION reads the Refugee Convention to those calling for the arrest and detention of the Iranian asylum seeker

1/2/2017

4 Comments

 

"I am therefore asking all political parties to refrain from politicising this highly-sensitive issue, recognise the humanity of this individual and the enormous trauma he is going through and let the relevant authorities address this issue keeping in mind not only the legislative framework governing Fiji in relation to immigration but also our human rights obligations." - Ashwin Raj

PictureAshwin Raj reads out the Refugee Convention act
The Human Rights and Anti-Discrimination Commission has strongly condemned statements made by the FLP and other political parties who had called for the immediate arrest of the Iranian Refugee Loghman Sawari who is seeking political asylum in Fiji

"I wish to remind the Fiji Labour Party and all other political actors that apart from the national legislations pertaining to immigration, Fiji succeeded to the Convention Relating to the Status of Refugees in 1972 and therefore, Fiji has legal and moral obligations in relation to international human rights norms and conventions," said director Ashwin Raj.

In a statement issued yesterday, he cited Article 31 (1) of the 1951 Convention, which said that Contracting States would not impose penalties, on account of the illegal entry or presence of refugees who came from a territory where their life or freedom was threatened.

The convention said this was provided the refugees presented themselves without delay to the authorities and showed good cause for their illegal entry or presence.

Mr Raj said the convention also clearly stated that Contracting States would not apply restriction of movement other than that which was necessary until the refugees status in the country was regularised or if they obtained admission into another country.

"I am therefore asking all political parties to refrain from politicising this highly-sensitive issue, recognise the humanity of this individual and the enormous trauma he is going through and let the relevant authorities address this issue keeping in mind not only the legislative framework governing Fiji in relation to immigration but also our human rights obligations." Source: Fiji Times, 2 February 2017

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4 Comments
Fiji First Party
1/2/2017 11:04:55 pm

Absolutely !!

There is always a first time - And this is Raj's first right move ever. Good on Him!

Reply
OMG - What a joke
2/2/2017 09:44:22 am

What a bloody joke and utmost charade!!

So this regime lackey and its "human rights defender" Mr Raj is now preaching and lecturing political parties and others not to express their opinions about this muslim refugee just because his government has ratified the Refugee Convention.

Big deal!! This not only proves that Raj is nothing more than the government's house trained poodle but it appears on this instance, he didn't check his legal theory with his chor master and minister for everything.

First, its elementary that ratification of any international treaty is simply an aspirational statement of the government. Unless the treaty is incorporated into domestic law, it has no legal footing whatsoever. The Refugee Convention (like many others ratified by the bai-kai government) has never been passed into domestic law.

Secondly, Fiji is also a signatory to various other treaties including Elimination of all forms of Racial Discrimination (ICERD), Convention against Torture, Cruel and Degrading Punishment, Covenant on Civil and Political Rights (ICCPR), Covenant on Economic, Social and Cultural Rights (ICESCR) - none of which have been directly incorporated into Fiji laws, but some of the provisions have been incorporated into the 2013 Constitution.

However, there is plethora of evidence that Mr Raj's government itself has violated many of the treaty provisions in the past and continues to do so on a daily basis with impunity. Some glaring examples:

1. The case of killer Bala - The ICCPR clearly states that anyone charged must be tried without undue delay (Article 14(3)(b). In Bala's case it took the government some 5 years to find a magistrate to try him and as a result most evidence against him simply vanished. So what about the human rights of the deceased Puna Chand and his family Mr Raj?

2. ICCPR Article 19 states that everyone has the right to hold opinions without interference. So if political parties and individuals have this right and exercise it against this "refugee", how can Mr Raj silence them? Is he claiming the Refugee Convention overides the ICCPR rights? If so, on what legal basis?

3. The recent rape of a female inmate by prison officers - a clear violation of human rights protected under the ICCPR (degrading and inhumane treatment). What about such gross violation of the human rights of this defenceless, vulnerable and fragile woman Mr Raj who was in the custody of your government?

4. The ongoing filthy QSV kitchen saga - a clear violation of the rights of the affected students (right to proper food, proper sanitation) under the ICESCR. What about the violation of their rights Mr Raj?

5. The ease with which Muslim people are appointed in the public service and other government bodies - a clear violation of rights of all others who qualify on the merits under the ICERD. What about their human or economic rights Mr Raj?


These examples clearly demonstrate that Mr Raj's lecture on human rights regarding this muslim refugee is nothing more than lip service and utter charade - to simply to beat up his government's already bogus human rights record at international level.

No wonder Professor Narsey eloquently mentions that Mr Raj never really held a substantive job at the USP. Perhaps that's why he sought refuge with the FFP government, under the mentorship of A-S-K.

Ashin Raj - a human rights commissioner and a human rights defender? What a joke.

A classic case of the Devil trying to quote the Bible!!!



Reply
jml
2/2/2017 09:51:44 am

Where is Raj when there are human rights violation of our citizens such as the aggravated assaults and torture of our citizens by our security forces and a score of other human rights violation. Why is he jumping the gun this time? Sawari from what we learn has entered the country illegally and is seeking refugee/politival asylum through a lawyer - and not through the normal channels. He has gone into hiding but gets his picture taken on a horseback in Wailoaloa Beach.which is splashed over FB and the media . And while the Immigration Dept and Police have as yet to act, Ashwin starts quoting International Human Rights Conventions and trying to pander to our emotions. Sawari may very well have a case but let the Immigration/Police address the issues of illegal entry and those surrounding it..

Reply
Ashwin raja
2/2/2017 11:42:16 pm

Damn there are some smart people here .I thought I was fooling everybody with my big words and non stop ranting. I was only fooling myself. My Masters in qaloqalogy is not working here. Back to the dictionary and look for some bigger words which even I can't understand. AG where are you help me yaar? Give me another position above my capabilities.

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