legitimately ratify a bundle of 251 Decrees by the device of section 195. Even if this procedure is approved as lawful, it is clearly one that by-passes democratic scrutiny of and public input into legislation. Such a procedure is even more unsuitable for legislation that takes away basic rights, freedoms and protection for a country’s inhabitants. Suppression of Terrorism Decree 1991 Section 2 of the Suppression of Terrorism Decree, defines a terrorist emergency as follows: Terrorist emergency means a situation in which any person or substantial body of persons whether inside or outside of Fiji is threatening, causing or attempting to cause: (a) (b) The death of, or serious injury or serious harm to, any person or persons; or The destruction of, or serious injury to: i. Any airport, premises, building, erection, structure, installation or road; or ii. Any aircraft, hovercraft, ship or ferry or other vessel, train or vehicle; or iii. Any natural feature which is of such beauty, uniqueness or scientific, economic or cultural importance that its preservation from destruction, damage or injury is in the national interest; or iv. Any chattel of any kind which is of significant historical, archaeological, scientific, cultural, literary or artistic value or importance; or v. Any animal; or (c) The destruction of the economic life of Fiji; or (d) Any action that is prejudicial to the interests of defence, public safety, public order and the security of Fiji: in order to coerce, deter or intimidate: (e) The Government of Fiji, or any agency of the government of Fiji; or (f) The government of any other country; or any agency of the Government of any other country; or (g) Any body or group of persons, whether inside or outside of Fiji - for the purpose of furthering within or outside, any political aim. The definition of “terrorist emergency” in this Decree is drafted widely and would catch otherwise lawful trade union activity protected under the Bill of Rights. If the Decree is to be relied on at all, it should be amended so as to ensure for instance, that employment issues between a statutory body and its employees, including a trade union, can safely be pursued. Section 10(2)(k) of the Suppression of Terrorism Decree, provides for the detention of any person found within the emergency area, who is found to be behaving in a suspicious manner, but who must be taken before a magistrate within 36 hours if not sooner released or charged. Telephone tapping is authorised under Section 10(3) of the Decree. 88

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