The Fiji Human Rights and Anti‑Discrimination Commission has strongly condemned statements by political parties who are calling for the immediate arrest of the Iranian man who fled to Fiji from Papua New Guinea.
SODELPA and the Fiji Labour Party have released statements that the Iranian man should be detained.
The Director of the Human Rights and Anti-Discrimination Commission, Ashwin Raj says he wishes to remind the Fiji Labour Party and all other political actors that apart from the national legislations pertaining to immigration, Fiji succeeded to the Convention Relating to the Status of Refugees in 1972 and therefore, Fiji has legal and moral obligations in relation to international human rights norms and conventions.
Raj says Article 31 (1) of the 1951 Convention on refugees unlawfully in the country of refuge in particular states:
“The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence”.
He says it also says that the Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall also allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.
Raj is asking all political parties to refrain from politicising this highly sensitive issue, recognise the humanity of this individual and the enormous trauma he is going through and let the relevant authorities address this issue keeping in mind not only the legislative framework governing Fiji in relation to immigration but also our human rights obligations.
Meanwhile the Iranian man’s lawyer, Aman Ravindra-Singh says he is working on the man’s asylum application and they are hoping to present the application and the Iranian man to the Director of Immigration tomorrow.
