Shaista Shameem
Encyclopedia
Shaista Shameem, a Fijian lawyer of Pakistani and Indian descent, was director of the Fiji Human Rights Commission
(FHRC) from 2002 to 2007, and its director and chairperson from 2007 to 2009. A graduate of the University of the South Pacific
, she holds a PhD in Sociology from the University of Waikato
and a Masters in Law from the University of Auckland
.
After working in the media and as a sociology lecturer in New Zealand, Shameen returned to Fiji and was involved in the constitutional case of Chandrika Prasad v the State which reinstated the 1997 Constitution following the coup d'état of 2000 led by George Speight
. She served in 2004-05 as United Nations Special Rapporteur on the Use of Mercenaries and has since 2005 been a member of the UN Working Group on Mercenaries. In 2005 Shameem was invited to assist a UN assessment of the courts in Timor L'este, but was prevented from visiting the territory. In 2009 she was elected chair of the Working Group. She is a member of the Advisory Board of the Association for the Prevention of Torture
(APT).
, alleging that the previous government of Laisenia Qarase
had committed human rights violations and crimes against humanity. She maintained that the 2006 elections
were unlawful, and supported claims that Australia had intended to invade Fiji. Shameem acted as amicus curiae in the case of Qarase v the State where she submitted that the President of Fiji acted lawfully in dismissing the Prime Minister on 5 December 2006 and installing the military commander as Interim Prime Minister on 5 January 2007. While the High Court upheld this claim, in 2009 the Appeal Court overturned the decision and ruled that the 2006 coup and the President's action were unlawful.
described her appointment as unlawful, and was highly critical of the FHRC's endorsement of the coup.
Shameen ceased to lead the FHRC in 2009 when it was reconstituted under new legislation.
In 2011, she strongly criticised the military-led government's Essential National Industries Employment decree, which "takes away nearly all collective bargaining rights in essential companies [and] virtually abolishes the right to strike". Shameem said the decree showed the government had abandoned its "previous consensus building approach", and adopted an autocratic mode of government, "diminish[ing] or remov[ing]" workers' rights.
Fiji Human Rights Commission
The Fiji Human Rights Commission was created by presidential decree in 2009, succeeding the entity of the same name established as an independent statutory body under the 1997 Constitution of the Republic of the Fiji Islands.- The 1997 Commission :...
(FHRC) from 2002 to 2007, and its director and chairperson from 2007 to 2009. A graduate of the University of the South Pacific
University of the South Pacific
The University of the South Pacific is a public university with a number of locations spread throughout a dozen countries in Oceania. It is an international centre for teaching and research on Pacific culture and environment. USP's academic programmes are recognised worldwide, attracting students...
, she holds a PhD in Sociology from the University of Waikato
University of Waikato
The University of Waikato is located in Hamilton and Tauranga, New Zealand, and was established in 1964. It has strengths across a broad range of subject areas, particularly its degrees in Computer Science and in Management...
and a Masters in Law from the University of Auckland
University of Auckland
The University of Auckland is a university located in Auckland, New Zealand. It is the largest university in the country and the highest ranked in the 2011 QS World University Rankings, having been ranked worldwide...
.
After working in the media and as a sociology lecturer in New Zealand, Shameen returned to Fiji and was involved in the constitutional case of Chandrika Prasad v the State which reinstated the 1997 Constitution following the coup d'état of 2000 led by George Speight
George Speight
George Speight , occasionally known as Ilikimi Naitini, was the principal instigator of the Fiji coup of 2000, in which he kidnapped thirty-six government officials and held them from May 19, 2000 to July 13, 2000...
. She served in 2004-05 as United Nations Special Rapporteur on the Use of Mercenaries and has since 2005 been a member of the UN Working Group on Mercenaries. In 2005 Shameem was invited to assist a UN assessment of the courts in Timor L'este, but was prevented from visiting the territory. In 2009 she was elected chair of the Working Group. She is a member of the Advisory Board of the Association for the Prevention of Torture
Association for the Prevention of Torture
The Association for the Prevention of Torture is an international non-governmental organisation focused on the prevention of torture and other cruel, inhuman, or degrading treatment...
(APT).
2006 coup
On 5 January 2007 Shameem published a report defending the December 2006 military coup2006 Fijian coup d'état
The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....
, alleging that the previous government of Laisenia Qarase
Laisenia Qarase
Laisenia Qarase is a Fijian political figure. He served as the sixth Prime Minister of Fiji from 2000 to 2006. After the military quashed the coup that led to the removal of Mahendra Chaudhry, Qarase joined the Interim Military Government as a financial adviser on 9 June 2000, until his appointment...
had committed human rights violations and crimes against humanity. She maintained that the 2006 elections
Fiji election of 2006
The Constitution of Fiji requires general elections for the House of Representatives to be held at least once every five years. The latest election was held on 6-13 May 2006. Acting President Ratu Joni Madraiwiwi issued a proclamation on 2 March, effective from 27 March, dissolving Parliament...
were unlawful, and supported claims that Australia had intended to invade Fiji. Shameem acted as amicus curiae in the case of Qarase v the State where she submitted that the President of Fiji acted lawfully in dismissing the Prime Minister on 5 December 2006 and installing the military commander as Interim Prime Minister on 5 January 2007. While the High Court upheld this claim, in 2009 the Appeal Court overturned the decision and ruled that the 2006 coup and the President's action were unlawful.
Ombudsman
On 16 July 2007, Fiji’s Constitutional Offices Commission (COC) announced the appointment of Dr Shameem as Ombudsman, designated as an ex-officio position to the chairperson of the Fiji Human Rights Commission. The international human rights NGO Human Rights WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
described her appointment as unlawful, and was highly critical of the FHRC's endorsement of the coup.
Shameen ceased to lead the FHRC in 2009 when it was reconstituted under new legislation.
In 2011, she strongly criticised the military-led government's Essential National Industries Employment decree, which "takes away nearly all collective bargaining rights in essential companies [and] virtually abolishes the right to strike". Shameem said the decree showed the government had abandoned its "previous consensus building approach", and adopted an autocratic mode of government, "diminish[ing] or remov[ing]" workers' rights.