Fiji Law Society President Wylie Clarke addressed a notable struggle in maintaining the rule of law during a convention in Nadi, emphasizing that this challenge begins with leadership. In his speech, Clarke pointed out the discord between Fiji’s legal system and governance, noting that respect for the rule of law is often undermined at the highest levels.
Clarke observed, “There is a constant struggle that we seem to have with upholding respect for the rule of law,” expressing his frustration over a recurring lack of enforcement in practice. He believes public trust is eroding due to frequent instances where legal and ethical standards appear not to be upheld. “People may agree with the necessity of the rule of law, but they don’t see it enacted in their daily lives,” he remarked.
Raising critical questions about governmental accountability, he proposed, “How can we as a country improve this?” The expectation is that government agencies actively demonstrate their commitment to legal principles and accountability, akin to all citizens. Clarke’s insights come amid significant legal controversies in Fiji, including recent actions taken against senior legal officials, sparking debates over constitutional governance and transparency.
His concerns are echoed by organizations like the Commonwealth Lawyers Association and LAWASIA, which have condemned any efforts to prosecute Clarke and his predecessors, asserting that such actions would violate international norms protecting the independence of legal practitioners. There’s a strong sentiment within the legal community and among the public that transparency and due process are essential to restoring faith in Fiji’s institutions.
Calls for the release of pertinent information regarding ongoing investigations, such as the Commission of Inquiry (COI) into the actions against former FICAC Commissioner Barbara Malimali, reflect a desperate need for accountability. Clarke noted that the withholding of vital details regarding these inquiries severely hampers the ability of the legal system to function properly, stating, “It would seem that our leaders don’t really pay regard to the rule of law.”
As discussions continue, the hope remains that these pressing issues will prompt significant reforms within Fiji’s legal and political realms. There is an aspiration for enhanced accountability that would not only bring about positive changes but also strengthen citizens’ trust in their government. The call for vigilance regarding adherence to the law highlights a collective yearning in Fiji for a more reliable and equitable governance system.
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