The Fiji Human Rights Commission said political parties, which promote racist speeches, policies and programmes, can be prohibited from taking part in elections and be prosecuted under existing legislations.

The FHRC in its submission to the UN Committee on Elimination of Racial Discrimination, has highlighted Article 4 of the CERD Committee's General Recommendation to the interim government, which requires the State's parties to penalize four categories of misconduct, that is the i) dissemination of ideas based on racial superiority or hatred ii) incitement to racial hatred iii) acts of violence against any race or group of persons of another colour or ethnic origin and iv) incitement to such acts.

In line with this, the Commission recommends that relevant provisions in the Penal Code and Public Order Act be utilised in future to ensure that any political party that holds any racist ideas, or advocates any national, religious or racial hatred that constitutes to incitement to discrimination, hostility or violence is prohibited by law from taking part in elections.

The submission also stated that the removal of State party's reservations to CERD will allow the Interim Government to implement its People's Charter in compliance with international human rights law on the Elimination of all forms of racial discrimination.

Fiji Human Rights Commission believes that the proposed People's Charter may form the basis of a future development plan, which will assist in promoting a national identity in Fiji. In its report the Commission said it is concerned that meaningful efforts have not been made to develop a national identity for all citizens in Fiji.

The FHRC has told the UN Committee on Elimination of Racial Discrimination that prior to December 2006, a national identity could not be developed due to largely entrenched racial separatism and segregation in Government policy and programmes, and racial discrimination in areas of education and public service.

The commission's report to the CERD committee also raises concern that the media, which is mostly privately owned in Fiji, has not developed programmes to assist with building a non-racial and secular national identity. It also said that the Media Council Code of Conduct prohibits programmes and advertisements that have the effect of promoting racial discrimination and discord but complaints to the commission show that this is ineffectively monitored.

Meanwhile Communications Fiji Limited Managing Director, William Parkinson states when important submissions are given to International Committees like CERD, the report must be based on facts.