(PINA/IFEX) – On 26 April 2000, a Fiji Islands High Court judge rejected an application by “The Fiji Times” to quash the government decision to refuse to renew the work permit of the company’s editor-in-chief. “The Fiji Times” had sought a judicial review of Minister for Home Affairs Joji Uluinakauvadra’s refusal to extend the work […]
(PINA/IFEX) – On 26 April 2000, a Fiji Islands High Court judge rejected an application by “The Fiji Times” to quash the government decision to refuse to renew the work permit of the company’s editor-in-chief. “The Fiji Times” had sought a judicial review of Minister for Home Affairs Joji Uluinakauvadra’s refusal to extend the work permit of Scottish-born Russell Hunter.
The work permit refusal and court case followed growing tension between the Fiji Islands government and the country’s independent news media. The government had been especially critical of “The Fiji Times”, a PINA Pacific Freedom of Information Award winner and the biggest daily newspaper in the Pacific Islands.
In his decision, Justice Daniel Fatiaki said he was not satisfied that “The Fiji Times” had “discharged the onerous burden of proving on a balance of probabilities that there was a ‘real (not fanciful) likelihood of bias’ on the minister’s part.” The judge said the case highlighted the unfortunate tensions that can arise pursuing an immigration policy of localisation on one hand, and providing an acceptable degree of autonomy to foreign investors on the other.
The Department of Immigration had ruled that there are Fiji Islands citizens qualified to hold the editor-in-chief position for the newspaper group. “The Fiji Times” had said they received no suitably qualified local applicants and also that it was the newspaper group’s right to appoint the best person for the position. Uluinakauvadra had rejected an appeal by “The Fiji Times” against his department’s decision.
“The Fiji Times” lawyers challenged Uluinakauvadra’s rejection saying it:
– contravened the Immigration Act;
– was biased and made in bad faith;
– was actuated by unreasonable, extraneous, or improper considerations.
Justice Fatiaki had allowed the application for the review despite government objections.
In his ruling, the judge said: “It is neither the concern nor function of the court to either evaluate or comment on the policies of the government, much less is it the function of the court to dictate which of two competing policies ought to prevail in the current circumstances.”
“The Fiji Times” managing director Alan Robinson said in a statement that the company was obviously disappointed. He said “The Fiji Times” and its lawyers were examining the judge’s reasons and were considering their options.
Background Information
PINA President William Parkinson had earlier said the government’s refusal to renew Hunter’s work permit is a clear attempt to interfere in the newspaper’s editorial independence. Parkinson said that “The Fiji Times” is being victimised by the government because the newspaper is doing what any decent news organisation should be doing – informing the public without fear or favour. But it seems this government does not like scrutiny, Parkinson said.
Parkinson said the decision to refuse a renewal of Hunter’s work permit clearly contradicts previous statements about investment and the employment of expatriates. He said some companies seem to be able to employ expatriates easily while “The Fiji Times” – a major employer, taxpayer, and investor in Fiji – is being singled out for different treatment.
On 30 December 1999, the government gave Hunter twenty-eight days to leave the country. The court had allowed him to stay but not work while awaiting its decision.
“The Fiji Times”, which is part of Rupert Murdoch’s News Corporation, has local editors for its daily newspaper, Sunday newspaper, Fijian and Hindi language weekly newspapers and a regional news magazine, and an editor-in-chief for the group posted from News Corporation.
Hunter has extensive newspaper management and training experience in Britain, Australia and the Pacific Islands, and this year was elected by the region’s newspapers and magazines as their representative on the PINA executive.
The Fiji Islands has amongst the most diverse and free news media in the Pacific Islands. They include: three seven-day-a-week English-language daily newspapers; weekly newspapers in Hindi, Fijian, and English; news, business, trade and entertainment magazines; independent commercial, community and religious radio stations; government-owned public and commercial radio stations; and commercial and community television. However, news media performance has come under continuing criticism from Prime Minister and Information Minister Mahendra Chaudhry and his assistant information minister, Lekh Ram Vayeshnoi. This follows the election of their new Fiji Labour Party-led coalition government in May 1999 (see IFEX alerts).
On 27 October, there was widespread criticism in the Fiji Islands of threats by Prime Minister Chaudhry to bring in a government-regulated media tribunal with powers to impose penalties on the media. One of the country’s three daily newspapers also reported on the government’s plans to introduce legislation requiring compulsory licencing of foreign-owned Fiji Islands media. This included setting strict conditions under which they had to report and operate or risk losing their licence.
