The controversy over the COI report into the now removed FICAC Commissioner Babara Malimali has drawn attention from two major international legal bodies, urging Fijian authorities to respect the independence of the Fiji Law Society.

In a joint statement, the Commonwealth Lawyers Association and the Law Association for Asia and the Pacific condemned moves to potentially prosecute Fiji Law Society leaders, warning that such actions pose a serious threat to the independence of the legal profession and the rule of law in Fiji.

They noted that recent reports revealed that Clarke and Vaurasi may face charges of obstructing justice and/or perverting the course of justice related to the events of 5 September 2024.

They called on the government to uphold the rule of law, respect the independence of the legal profession, and allow the FLS to operate without fear or interference.

Referring to the events of 5 September 2024, when FLS President Wylie Clarke and former President Laurel Vaurasi attended the FICAC offices regarding the arrest of Malimali, the two bodies noted that their actions were taken due to concerns about FICAC’s independence and impartiality.

They also highlighted FLS’s concerns over the constitutionality and legality of Malimali’s removal, emphasizing that the COI report has not been made public, denying those affected the opportunity to review, respond to, or challenge its findings.

CLA and LAWASIA stress that the FLS has a duty to uphold the rule of law and protect public confidence in the integrity of public institutions.

They expressed concerns at the personal attacks on FLS officers by public figures, which intend to intimidate lawyers and hinder their role in holding decision-makers accountable.

The two institutions highlighted international legal standards, including the UN Basic Principles, the Commonwealth Charter, the Latimer House Principles, the Goa Declaration, and LAWASIA resolutions, which reflect the action of the FLS.

CLA and LAWASIA call on Fiji authorities to uphold the rule of law, respect the independence of the Fiji Law Society, ensure transparency in decision-making, and protect FLS officers from intimidation or interference.

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