However, the FHRC, urged his legal advisers to draft enactments that would guarantee the respect of human rights.

“The Commission assures the people of Fiji that it will continue to see the Bill of Rights Chapter in the Constitution as supreme rights based on Fiji’s membership of the United Nations and its affirmation of the Universal Declaration of Human Rights and urges those advising His Excellency to draft any new enactments to ensure that this is fully respected. Under the Human Rights Commission Act 10/99, the Commission is a quasi-judicial body, and given the judiciary of Fiji is no longer in place, the Commission pronounces that the Bill of Rights chapter in the Constitution remains the prime protector of human rights of all the people of Fiji,” Commission chairperson Doctor Shaista Shameem.

While the commission expressed sadness and disappointment at the President’s decision to abrogate the Constitution, Dr Shameem said Ratu Josefa’s hand may have been forced to take such an action.

“The Commission understands that His Excellency felt that the Court of Appeal decision in the Qarase case left him, as Head of State and symbol of the unity of the State, with no option but to abrogate the Constitution,” she said.

“The Court of Appeal decision left a governance vacuum, where Mr Qarase was not restored and Commodore Bainimarama’s Interim Government declared invalid.

The Court of Appeal in its judgment also restricted the President from taking any action pursuant to the Constitution to appoint another government because the decision confined the President’s powers to section 85.

And then the Court refused a stay of its decision pending appeal, thereby making its entire ruling unenforceable.”

She said this only left the Court with only one clear decision.