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The Resurrection of Fiji

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Law, Diplomacy and the Politics of Human Rights

 

by Dr. SinhaRaja Tammita-Delgoda

Sri Lanka will shortly be facing renewed scrutiny at the United Nations Human Rights Council in Geneva, where elements of the international community have been calling for action over unsubstantiated war crimes allegations. This may lead to sanctions against senior officers of the Sri Lanka armed services and even political leaders.

Sri Lanka’s response has been characterized by the usual lack of preparedness, last minute flurries of activity and panic. There has been very little research, serious study or thinking. This has been the hallmark of Sri Lankan strategic and diplomatic thinking over the years.

The current president of the UNHRC is Fiji’s ambassador in Geneva, Nazhat Shameem Khan, a diplomat and former judge, who has been the Permanent Representative of Fiji to the United Nations since 2014. Khan, who served as the council’s vice president in 2020, was elected on January 15, 2021.

This story began at the UN Headquarters in New York in 2018 when Fiji won its bid for a seat on the United Nations Human Rights Council, receiving the second highest number of votes among all the candidate. This was a moment of global success for Fiji, giving this small Pacific nation international recognition for its advancement and protection of human rights.

What is not widely known is that since independence Fiji has had a tumultuous recent history, characterized by ethnic tensions, military coups and recurrent suspensions of the democratic process. A closer look will reveal strong historic parallels and many commonalities between Sri Lanka and Fiji. Both countries have had to face similar problems and the challenges. These parallels and commonalities are clear and immediate and deeply relevant.

Like Sri Lanka, an island nation, Fiji was colonized by the British during the 19th century. The second Governor of Fiji (1875-1880) was the Liberal Party politician and colonial administrator Sir Arthur Hamilton-Gordon, who went onto become the 16th governor of British Ceylon (1883–1890).

Hamilton- Gordon’s policies were to have decisive influence in the shaping the history of modern Fiji. He presided over the suppression of an uprising against the British in the central highlands. As with the suppression of the Kandyan rebellion in 1818, the British adopted a scorched earth policy, burning rebel villages and destroying fields.

In 1878 Gordon decided to import indentured labourers from India to work on the sugarcane fields which had replaced the cotton plantations. As in Sri Lanka, this began a wave of emigration which completely transformed the social, ethnic and political dynamics, leaving an enduring impact on the country. Whereas native Fijians, iTaukei, remain the majority (54 %), Indo-Fijians, the descendants of these Indian laborers now comprise 38% of the population. The tension between these two ethnic groups has dominated the politics of the islands since independence.

Unlike Sri Lanka, which has remained a democracy since independence in 1948, Fiji has seen several coups and many political revolutions. It also has a history of military rule, first by Colonel Sitiveni Rabuka, later Prime Minister from 1992-1999, and then Commodore Voreqe(Frank) Bainimarama, Prime Minister since 2007. Both men seized power when they were serving officers, before going onto to become elected political leaders

In 1970 Fiji gained independence as the Dominion of Fiji. Until April 1987, it was governed by the Alliance Party, which championed policies of “multiracialism.” This government, which had a majority of Indian members in the legislature, was overthrown twice in 1987 in military coups led by Colonel Sitiveni Rabuka. These coups were driven by demands for the protection of majority rights and sought to entrench native Fijian dominance in any future government. To this end, Fiji declared itself a republic and revoked the 1970 constitution. In 1990 a new constitution, designed to concentrate power in the hands of Fijians, was established. Fiji was expelled from the Commonwealth in the same year.

Under the 1990 constitution, Colonel Rabuka was elected to parliament and went on to become prime minister in 1992. In 1999 Mahendra Chaudhry became Fiji’s first prime minister of Indian origin. Chaudhry’s premiership was bitterly opposed by Fijian nationalists, and in May 2000 he and his government were taken hostage and deposed by a military backed group, claiming to be acting for indigenous Fijians. A counter coup was launched by the Commander of the Armed Forces, Voreque (Frank) Bainimarama. The rebels were neutralized and an interim military government was formed. This led to the restoration of democracy and new elections.

However, the tensions between the military and the elected government remained. In December 2006, Bainimarama seized power in another coup, removing the prime minister and establishing himself as the country’s sole leader. In January 2007 he restored executive powers to the President, Ratu Josefa Iloilo(2000-2006, 2007-2009), who then named Bainimarama as the head of an interim administration. In 2009, the Fiji Court of Appeal ruled that the Bainimarama government was illegal. In response, President Iloilo abrogated the 1997 constitution and dismissed the country’s judges. National elections were postponed and another interim government appointed, again with Bainimarama as prime minister.

During this period Fiji was isolated and largely ostracized by western powers such as Australia, New Zealand, UK and Europe. Fiji’s participation in UN peacekeeping operations was also suspended. Neighbouring Australia and New Zealand were the loudest international critics and in 2009 Fiji expelled both the Australian and the New Zealand ambassadors, accusing them of interfering in the Fijian judiciary. Fiji also shut down many NGOs. In the same way as Sri Lanka, Fiji was forced to look beyond its traditional partners towards China, who refrained from involving herself in domestic politics.

Only in 2014, after years of delays, did a democratic election take place. The parliamentary elections of 2014 were won by Bainimarama’s Fiji First party. Bainimarama, who had resigned as head of the military in March, was sworn in as prime minister. In the 2018 general election the Fiji First Party won again an outright majority for the second time and Bainimarama was sworn in as Prime Minister for a second term.

In 2017 Fiji presided over the United Nations Climate Change Conference (COP23).It was the first time a small island developing state had assumed the presidency of the negotiations. Fiji’s ability to preside over an international meeting of this calibre signalled its growing reinstatement within the international order. This was followed a year later, by Fiji’s election to the seat on the United Nations Human Rights Council.

It is an extraordinary story, the resurrection of a nation which was an international outcast and its transformation into a human rights champion and a pillar of the international community. How did this turnaround take place?

Many of the answers appear to lie in the efforts of Fiji’s Permanent Representative in Geneva, Nazhat Shameem Khan. Fiji opened its first Mission in Geneva in 2014, barely months before the country’s Universal Periodic Review at the Human Rights Council. Under this process the human rights situation of all UN Member States are reviewed every five years. Every year, 42 States are reviewed during three Working Group sessions. The result of each review is reflected in the Final Report of the Working Group, which then lists the recommendations which each country will have to implement. Khan proved herself a skilled diplomat and negotiator and a convincing advocate. Not only did Fiji succeed in passing the review. In less than three years, she has managed to secure the Presidency of United Nations Climate Change Conference and now the UNHRC.

One of Fiji’s pre-eminent judges, Khan was educated at Sussex University and Cambridge, where she obtained a Master of Philosophy in Criminology. In 1983 she was admitted to the Bar of England and Wales at the Inner Temple in London. In 1994 Khan became the first woman in Fiji to be appointed as the Director of Public Prosecutions and in 1999, she became Fiji`s first female High Court judge. In 2009 she became a private practitioner, concentrating on training lawyers and judges in human rights law, sentencing law, governance and litigation.

There is a background of law and human rights in the family. Khan’s sister, Shaista Shameem, also a lawyer, was the director and then chairman of the Fiji Human Rights Commission (FHRC), later serving as United Nations Special Rapporteur on the Use of Mercenaries (2004-2005) and becoming a member of the UN Working Group. During her time as chairman of the FHRC, Shameem published a report defending the 2006 coup, an action which was strongly criticized by Human Rights Watch. What is striking is that despite their legal and human rights background, both sisters have played an important role in defending and rehabilitating their country.

What appears to have gone unnoticed is the role played by many Sri Lankans in helping revive Fiji’s judicial sector and resuscitate the country’s international reputation. During the years when Fiji was frantically trying to establish law and order, many Sri Lankans played key roles in rebuilding the country. Some of the most important judicial offices were all held by Sri Lankans and until 2014 the Fijian judiciary was heavily dependent on Sri Lankan expertise. This was despite the considerable pressure which was put on many Sri Lankans not to live or work in Fiji. In 2009 Fiji’s chief justice, Anthony Gates, accused Australia and New Zealand of telling a number of Sri Lankan judges that they would be banned from entering Australia or New Zealand if they took up appointments on the Fiji bench.

Although as a country Sri Lanka has not helped Fiji, there remains a deep recognition and gratitude towards the many Sri Lankans who lived and worked in the country during this time. There are strong connections and in some cases enduring relationships. Shameem Khan herself has worked alongside Sri Lankan jurists and is very conscious of their skill, expertise and integrity.

The prima facie evidence suggests that Sri Lanka could be dealing with a sympathetic interlocutor with whom it already has many connections. Even at this late stage however, there are options and strategies which can be pursued.

This administration has three to four research institutions at its disposal, the BCIS, the Institute of National Security, the Lakshman Kadirgamar Centre and the Kotalawela Defence University. Yet there has been no study or appraisal of these potential links and their possible connections. It is clear from the public discourse that we have no idea of whom we are dealing with, what their backgrounds are and where their skills and attitudes lie. Perhaps we have not even begun to think about it.

The resurrection of Fiji seems to have taken place within a decade, much the same decade that Sri Lanka found itself being gradually isolated and targeted. Through the use of law, human rights and diplomacy, Fiji has rebuilt its place in the world. The parallels suggest that this has been achieved through the implementation of a carefully calibrated national strategy, one which has been concerted, sustained and informed. It shows what could have been done and how.


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Relief without recovery

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A US airstrike on an Iranian oil storage facility

The escalating conflict in the Middle East is of such magnitude, with loss of life, destruction of cities, and global energy shortages, that it is diverting attention worldwide and in Sri Lanka, from other serious problems. Barely four months ago Sri Lanka experienced a cyclone of epic proportions that caused torrential rains, accompanied by floods and landslides. The immediate displacement exceeded one million people, though the number of deaths was about 640, with around 200 others reported missing. The visual images of entire towns and villages being inundated, with some swept away by floodwaters, evoked an overwhelming humanitarian response from the general population.

When the crisis of displacement was at its height there was a concerted public response. People set up emergency kitchens and volunteer clean up teams fanned out to make flooded homes inhabitable again. Religious institutions, civil society organisations and local communities worked together to assist the displaced. For a brief period the country witnessed a powerful demonstration of social solidarity. The scale of the devastation prompted the government to offer generous aid packages. These included assistance for the rebuilding of damaged houses, support for building new houses, grants for clean up operations and rent payments to displaced families. Welfare centres were also set up for those unable to find temporary housing.

The government also appointed a Presidential Task Force to lead post-cyclone rebuilding efforts. The mandate of the Task Force is to coordinate post-disaster response mechanisms, streamline institutional efforts and ensure the effective implementation of rebuilding programmes in the aftermath of the cyclone. The body comprises a high-level team, led by the Prime Minister, and including cabinet ministers, deputy ministers, provincial-level officials, senior public servants, representing key state institutions, and civil society representatives. It was envisaged that the Task Force would function as the central coordinating authority, working with government agencies and other stakeholders to accelerate recovery initiatives and restore essential services in affected regions.

Demotivated Service

However, four months later a visit to one of the worst of the cyclone affected areas to meet with affected families from five villages revealed that they remained stranded and in a state of limbo. Most of these people had suffered terribly from the cyclone. Some had lost their homes. A few had lost family members. Many had been informed that the land on which they lived had become unsafe and that they would need to relocate. Most of them had received the promised money for clean up and some had received rent payments for two months. However, little had happened beyond this. The longer term process of rebuilding houses, securing land and restoring livelihoods has barely begun. As a result, families who had already endured the trauma of disaster, now face prolonged uncertainty about their future. It seems that once again the promises made by the political leadership has not reached the ground.

A government officer explained that the public service was highly demotivated. According to him, many officials felt that they had too much work piled upon them with too little resources to do much about it. They also believed that they were underpaid for the work they were expected to carry out. In fact, there had even been a call by public officials specially assigned to cyclone relief work to go on strike due to complaints about their conditions of work. This government official appreciated the government leadership’s commitment to non corruption. But he noted the irony that this had also contributed to a demotivation of the public service. This was on the unjustifiable basis that approving and implementing projects more quickly requires an incentive system.

Whether or not this explanation fully captures the situation, it points to an issue that the government needs to address. Disaster recovery requires a proactive public administration. Officials need to reach out to affected communities, provide clear information and help them navigate the complex procedures required to access assistance. At the consultation with cyclone victims this was precisely the concern that people raised. They said that government officers were not proactive in reaching out to them. Many felt they had little engagement with the state and that the government officers did not come to them. This suggests that the government system at the community level could be supported by non-governmental organisations that have the capacity and experience of working with communities at the grassroots.

In situations such as this the government needs to think about ways of motivating public officials to do more rather than less. It needs to identify legitimate incentives that reward initiative and performance. These could include special allowances for those working in disaster affected areas, recognition and promotion for officers who successfully complete relief and reconstruction work, and the provision of additional staff and logistical support so that the workload is manageable. Clear targets and deadlines, with support from the non-governmental sector, can also encourage officials to act more proactively. When government officers feel supported and recognised for the extra effort required, they are more likely to engage actively with affected communities and ensure that assistance reaches those who need it most.

Political Solutions

Under the prevailing circumstances, however, the cyclone victims do not know what to do. The government needs to act on this without further delay. Government policy states that families can receive financial assistance of up to Rs 5 million to build new houses if they have identified the land on which they wish to build. But there is little freehold land available in many of the affected areas. As a result, people cannot show government officials the land they plan to buy and, therefore, cannot access the government’s promised funds. The government needs to address this issue by providing a list of available places for resettlement, both within and outside the area they live in. However, another finding at the meeting was that many cyclone victims whose lands have been declared unsafe do not wish to leave them. Even those who have been told that their land is unstable feel more comfortable remaining where they have lived for many years. Relocating to an unfamiliar area is not an easy decision.

Another problem the victims face is the difficulty of obtaining the documents necessary to receive compensation. Families with missing members cannot prove that their loved ones are no longer alive. Without official confirmation they cannot access property rights or benefits that would normally pass to surviving family members. These are problems that Sri Lanka has faced before in the context of the three decade long internal war. It has set up new legal mechanisms such as the provision of certificates of absence validated by the Office on Missing Persons (OMP) in place of death certificates when individuals remain missing for long periods. The government also needs to be sensitive to the fact that people who are farmers cannot be settled anywhere. Farming is not possible in every location. Access to suitable land and water is essential if farmers are to rebuild their livelihoods. Relocation programmes that fail to take these realities into account risk creating new psychological and economic hardships.

The message from the consultation with cyclone victims is that the government needs to talk more and engage more directly with affected communities. At the same time the political leadership at the highest levels need to resolve the problems that government officers on the ground cannot solve. Issues relating to land availability, legal documentation and livelihood restoration require policy decisions at higher levels. The challenge to the government to address these issues in the context of the Iran war and possible global catastrophe will require a special commitment. Demonstrating that Sri Lanka is a society that considers the wellbeing of all its citizens to be a priority will require not only financial assistance but also a motivated public service and proactive political leadership that reaches out to those still waiting to rebuild their lives.

 

by Jehan Perera

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Supporting Victims: The missing link in combating ragging

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A recent panel discussion at the University of Peradeniya examined the implications of the Supreme Court’s judgement on ragging, in which the Court recognised that preventing ragging requires not only criminal penalties imposed after an incident occurs but also systems and processes within universities that enable victims to speak up and receive support. Bringing together perspectives from law, university administration, psychology and students, the discussion sought to understand why ragging continues to persist in Sri Lankan universities despite the existence of legal prohibitions. While the discussion covered legal and institutional dimensions, one theme emerged clearly: addressing ragging requires more than laws and disciplinary rules. It requires institutions that are capable of supporting victims.

Sri Lanka enacted the Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act No. 20 of 1998 following several tragic incidents in universities, during the 1990s. Among the most widely remembered is the death of engineering student S. Varapragash at the University of Peradeniya in 1997. Incidents such as this shocked the country and revealed the consequences of allowing violent forms of student hierarchy to persist. The 1998 Act marked an important legal intervention by recognising ragging as a criminal offence. The law introduced severe penalties for individuals found guilty of engaging in ragging or other forms of violence in educational institutions, including fines and imprisonment.

Despite the existence of this law for nearly three decades, prosecutions under the Act have been extremely rare. Incidents continue to surface across universities although most are not reported. The incidents that do reach university administrations are dealt with internally through disciplinary procedures rather than through the criminal justice system. This suggests that the problem does not lie solely in the absence of legal provisions but also in the ability of victims to come forward and pursue complaints.

The tragic reminders; the cases of Varapragash and Pasindu Hirushan

Varapragash, a first-year engineering student at the University of Peradeniya, was forced by senior students to perform extreme physical exercises as part of ragging, resulting in severe internal injuries and acute renal failure that ultimately led to his death. In 2022, the courts upheld the conviction of one of the perpetrators for abduction and murder. The case illustrates not only the brutality of ragging but also how long and difficult the path to justice can be for victims and their families. Even when victims speak about their experiences, they may not always disclose the full extent of what they have endured. In the case of Varapragash, the judgement records that the victim told his father that he was asked to do dips and sit-ups. Varapragash’s father had testified that it appeared his son was not revealing the exact details of what he had to endure due to shame.

More than two decades after the death of Varapragash, the tragedy of ragging continues. The 2025 Supreme Court judgement arose from the case of Pasindu Hirushan, a 21-year-old student of the University of Sri Jayewardenepura, who sustained devastating head injuries at a fresher’s party, in March 2020, after a tyre sent down the stairs by senior students struck him. He became immobile, was placed on life support, and returned home only months later. If the Varapragash case exposed the deadly consequences of ragging in the 1990s, the Pasindu Hirushan case demonstrates that universities are still failing to prevent serious violence, decades after the enactment of the 1998 Act. It was against this background of continuing institutional failure that the Supreme Court issued its Orders of Court in 2025. Among the key mechanisms emphasised by the judgement is the establishment of Victim Support Committees within universities.

Why do victims need support?

Ragging in universities can take many forms, including verbal humiliation, physical abuse, emotional intimidation and, in some instances, sexual harassment. While all forms of ragging can have serious consequences, incidents involving sexual harassment often present additional barriers for victims who wish to come forward. Victims may hesitate to complain due to weak institutional mechanisms, fear of retaliation, or uncertainty about whether their experiences will be taken seriously. In many cases, those who speak out are confronted with questions that shift attention away from the alleged misconduct and onto their own behaviour: why did s/he continue the conversation?; why did s/he not simply disengage, if the harassment occurred as claimed?; why did s/he remain in the environment?; or did his/her actions somehow encourage the accused’s behaviour? Such responses illustrate how easily victims can be subjected to a second layer of scrutiny when they attempt to report incidents. When individuals anticipate disbelief, minimisation or blame, silence may appear safer than disclosure. In such circumstances, the presence of a trusted institutional body, capable of providing guidance, protection and support, become critically important, highlighting the need for effective Victim Support Committees within universities.

What Victim Support Committees must do

As expected by the Supreme Court, an effective Victim Support Committee should function as a trusted institutional mechanism that places the safety and dignity of victims at the centre of its work. The committee must provide a safe and confidential point of contact through which victims can report incidents of ragging without fear of intimidation or retaliation. It should assist victims in understanding and pursuing available complaint procedures, while also ensuring their immediate protection where there is a risk of continued harassment. Recognising the psychological harm ragging may cause, the committee should facilitate access to counselling and emotional support services. At a practical level, it should also help victims document incidents, record statements, and preserve evidence that may be necessary for disciplinary or legal proceedings. The committee must coordinate with university authorities to ensure that complaints are addressed promptly and responsibly, while maintaining strict confidentiality to protect the identity and well-being of those who come forward. Beyond responding to individual cases, Victim Support Committees should also contribute to broader awareness and prevention efforts, within universities, helping to create an environment where ragging is actively discouraged and students feel safe to report incidents. Without such support, the process of pursuing justice can become overwhelming for individuals who are already dealing with the emotional impact of abuse.

Making Victim Support Committees work

According to the Orders of Court, these committees should include representatives from the academic and non-academic staff, a qualified counsellor and/or clinical psychologist, an independent person, from outside the institution, with experience in law enforcement, health, or social services, and not more than three final-year students, with unblemished academic and disciplinary records, appointed for fixed terms. Further, universities must ensure that committees consist of individuals who possess both expertise and genuine commitment in areas such as student welfare, psychology, gender studies, human rights and law enforcement, in line with the spirit of the Supreme Court’s directions, rather than consisting largely of ex officio positions. If treated as routine administrative positions, rather than responsibilities requiring specialised knowledge, sensitivity and empathy, these committees risk becoming symbolic rather than functional.

Greater transparency in the appointment process could strengthen the credibility of these committees. Universities could invite expressions of interest from individuals with relevant expertise and demonstrated commitment to supporting victims. Such an approach would help ensure that the committees benefit from the knowledge and dedication of those best equipped to fulfil this role.

The Supreme Court judgement also introduces an important safeguard by giving the University Grants Commission (UGC) the authority to appoint members to university-level Victim Support Committees. If exercised with integrity, this provision could help ensure that these committees operate with greater independence. It may also help address a challenge that sometimes arises within institutions, where individuals, with relevant expertise, or strong commitment to addressing issues, such as violence, harassment or student welfare, may not always be included in institutional mechanisms due to internal administrative preferences. External oversight by the UGC could, therefore, create opportunities for such individuals to contribute meaningfully to Victim Support Committees and strengthen their effectiveness.

Ultimately, the success of the recent judgement will depend not only on the directives it issued, the number of committees universities establish, or the number of meetings they convene, or other box-checking exercises, but on how sincerely those directives are implemented and the trust these committees inspire among students and staff. Laws can prohibit ragging, but they cannot by themselves create environments in which victims feel safe to speak. That responsibility lies with institutions. When universities create systems that listen to victims, support them and treat their experiences with seriousness, universities will become places where dignity and learning can coexist.

(Udari Abeyasinghe is attached to the Department of Oral Pathology at the University of Peradeniya)

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

by Udari Abeyasinghe

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Big scene … in the Seychelles

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Mirage: Off to the Seychelles for fifth time

Several of our artistes do venture out on foreign assignments but, I’m told, most of their performances are mainly for the Sri Lankans based abroad.

However, the group Mirage is doing it differently and they are now in great demand in the Seychelles.

Guests patronising the Lo Brizan pub/restaurant, Niva Labriz Resort, in the Seychelles, is made up of a wide variety of nationalities, including Russians, Chinese, French and Germans, and they all enjoy the music dished out by Mirage, and that is precisely why they are off to the Seychelles … for the fifth time!

The band is scheduled to leave this month and will be back after three weeks, but their journey to the Seychelles will continue, with two more assignments lined up for 2026.

In August it’s a four-week contract, and in December another four-week contract that will take in the festive celebrations … Christmas and the New Year.

Donald’s birthday
celebrations

According to reports coming my way, it is a happening scene at the Lo Brizan pub/restaurant, Niva Labriz Resort, whenever Mirage is featured, and the band has even adjusted its repertoire to include local and African songs.

They work three hours per day and six days per week at the Lo Brizan pub/restaurant.

Donald Pieries:
Leader, vocalist,
drummer

Led by vocalist and drummer Donald Pieries, many say it is his

musical talents and leadership that have contributed to the band’s success.

Donald, who celebrated his birthday on 07 March, at the Irish Pub, has been with the group through various lineup changes and is known for his strong vocals.

He leads a very talented and versatile line up, with Sudham (bass/vocals), Gayan (lead guitar/vocals), Danu (female vocalist) and Toosha (keyboards/vocals).

Mirage performs regularly at venues like the Irish Pub in Colombo and also at Food Harbour, Port City.

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