The NGO Coalition on Human Rights (NGOCHR) is concerned
with the use of powers to enforce nation-wide curfew hours
without proper processes and consultations.
Fiji’s
National Disaster and Management Office (NDMO) released an
initial statement yesterday with new curfew hours as Fiji
braced itself for Tropical Cyclone Ana. The Western Division
curfew was from 12 pm Saturday, January 30 till 4 am Monday,
February 1. For the Central, Eastern and Northern Divisions,
the curfew was from 4 pm Saturday till 4 am Monday.
At
midday today, the Fiji NDMO announced that the curfew has
been revised back to the 11 pm- 4 am time period.
The
NGOCHR is disappointed with the lack of clarity in the TC
response considering that Fiji has faced several cyclones
every year. People need to have accurate and clear
information, particularly during these times.
The new
curfew hours were announced late and as we’ve seen from
social media and news reports, mass panic-buying ensued.
Vendors and business owners were forced to re-strategise so
that they could operate within the new curfew
hours.
TC Ana will be the third cyclone to impact Fiji
in 10 months, following TC Yasa in December 2020 and TC
Harold in April. This, amidst the Coronavirus pandemic and
the active national measures in place such as the 11 pm-4 am
curfew.
The COVID-19 pandemic was an unprecedented
emergency whereas there are already proper protocols in
place for the State’s response to Natural Disasters.
Fiji’s Natural Disaster Management Act 1998 ensures this
exercise of power for emergencies but there needs to be
adequate justification and a proper legal process on why a
longer curfew period is necessary for the event of a natural
disaster.
The NGOCHR highlights Fiji’s commitment to
the International Covenant on Civil and Political Rights
(ICCPR) that acknowledges that there may be a restriction of
rights to address exceptional situations. However, these
emergency powers must be exercised as a temporary measure
with the purpose of returning to normalcy as soon as
possible.
The public needs to have confidence that the
proper authorities and government are well prepared for
natural disasters. As Fiji prepares to face the incoming TC
Ana, the NGOCHR strongly urges authorities and the
government to ensure that disaster responses are more
effectively coordinated through a comprehensive
gender-responsive and human rights-based
approach.
