Fiji has had no local transmission cases for more than 260 days.
Why are we still under curfew? The COVID-19 pandemic should not be used as a pretext for continued restrictions on liberty and freedom of movement under Article 21 of the Constitution.
Freedom of movement may be limited, but “to the extent that is necessary” – see Article 21(7)(a).
There is no scientific evidence to prove that forcing people to stay at home between 11pm and 4am will help in the management and containment of the virus.
The current restrictions are arguably unconstitutional. The International Covenant on Civil & Political Rights (ICCPR) states that when restrictions on rights are occasioned by public health or national emergency concerns, they must be implemented in a lawful, proportionate and commensurate manner.
Fiji acceded to the ICCPR on 16 August 2018 and is required to respect its obligations under international law.
