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2008 Assessment

Fiji: Integrity Indicators Scorecard

Fiji : Integrity Scorecard Report > Sub-Category: Whistle-blowing Measures
Indicators		Score
48	Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?	13
49	Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?	100
50	In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?	56

Indicator and sub-Indicator Details

Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)?

48a: In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: The country does not have any formal whistle-blowing legislation or mechanism in place, apart from recent reference to protection of sources in the 2007 anti-corruption legislation. While in a strictly legal sense it could be said that Fiji has taken a step toward whistle-blower protection, many feel that it will be difficult to maintain anonymity in such a small society of just 800,000.

References: Transparency International -- National Integrity Systems 2001, FIJI: p5.

Peer Review Comments: There is no whistle blowing protection legislation that would protect the rights and freedom from victimization of whistle blowers. The protection of sources referred to in the 2007 anti-corruption legislation refers primarily to the anonymity of whistle blowers, which is quite difficult to attain at all times given the smallness and closeness of Fiji's socio-demography.

48b: In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments:

References: "Fiji Revenue and Customs authority sacks whistle-blower", Posted on Radio New Zealand International website - [ LINK ] at 22:18 on 07 September, 2004 UTC.

48c: In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

YES

Comments: As this is a new promulgation, the effectiveness of the laws has not yet been tested. Section 30A provides the suppression of names and addresses from court proceedings in cases where material information has been provided by informants who are concerned for their well-being if exposed. however, the promulgation does not provide for further steps, such as a witness protection program.

References: Sec. 30A of the Prevention of Bribery (Promulgation No. 12 of 2007 concerns "protection of informers".

Peer Review Comments: There is no indication in the Prevention of Bribery 2007 promulgation 12 to suggest that whistle blowers are protected from recrimination or other negative consequences.

48d: In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.

Score:

100

Comments: There are not many press articles about whistle-blowing. However, there are many more instances of whistle-blowing than are reported. Under the interim government, the Fiji Independent Commission Against Corruption has provided the public with opportunities to bring forward grievances, with considerable response.

References: "Whistleblower Rabo unhappy with talks", FIji Times online [ LINK ] Tuesday, March 11, 2008.

Maraia Vavaitamana, Fiji Independent Commission Against Corruption, Suva, 9 September.

Is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

49: In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?

Score:

YES

Comments: In 2007 FICAC, the Fiji Independent Commission Against Corruption, advertised a "hotline" which attracted some 5000 complaints between April 2007 and February 2009. Complaints are also received via email, or through visits in person to the commission's Suva office.

References: Maraia Vavaitamana, Fiji independent commission against corruption, Suva, 9 September.

Peer Review Comments: Mostly general complaints are not necessarily corruption complaints.

In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective?

50a: In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.

Score:

100

Comments: While the Independent Commission Against Corruption has dedicated staff, there is a lack of experience with forensic accounting, criminal investigation, and prosecution. Approximately 50 people were charged with corruption in 2008, but of this number the commission only secured one conviction.

References: Maraia Vavaitamana, Fiji Independent Commission Against Corruption, Suva, 9 September.

"Civil Servants Top FICAC Complaint List", Fijivillage.com, 4 February 2009, online at [ LINK ]

50b: In practice, the internal reporting mechanism for public sector corruption receives regular funding.

Score:

100

Comments: FICAC's 2007 budget was 1.5 million Fiji dollars, and its 2008 budget was 3 milliion FJD. There are, additionally, anti-fraud units in the Reserve Bank of Fiji and the Fiji police.

References: Maraia Vavaitamana, Fiji Independent Commission Against Corruption, Suva, 9 September. "2008 Fiji Islands Budget Summary", online at [ LINK ].

50c: In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.

Score:

100

Comments: Although FICAC has sought to act quickly to prosecute corruption charges, it is yet to have significant success in the courts. Additionally, some cases have now been under investigation for two years with out resolution.

References: Richard Naidu, MunroLeys Solicitors, Suva, 5 September.

50d: In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: When irregularities are discovered, the agency/entity is aggressive in investigating the government or in cooperating with other agencies\' investigations. <p>50 Score Criteria: The agency/entity starts investigations, but is limited in its effectiveness. The agency/entity may be slow to act, unwilling to take on politically powerful offenders, reluctant to cooperate with other investigative agencies, or occasionally unable to enforce its judgments. <p>0 Score Criteria: The agency/entity does not effectively investigate. The agency/entity may start investigations but not complete them, may refuse to cooperate with other investigative agencies, or may fail to detect offenders. The agency/entity may be partisan in its application of power.$

Comments: In its short life-span (since April 2007), the Fiji Independent Commission against Corruption has logged more than 1,000 investigations, leading to approximately 50 charges against individuals, but resulting in just one conviction by February 2009 (a former accounts clerk for the Wainikoro Fisheries Co-operative was jailed for 18 months for stealing more than $3,000. FICAC has initiated a number of high-profile investigations.) Conversely, a number of controversial matters have become public which FICAC does not seem to have investigated, such as evidence that a former finance minister held large sums of money in secret, offshore accounts.

References: Maraia Vavaitamana, Fiji Independent Commission Against Corruption, Suva, 9 September.

Office of the Attorney General, "FICAC Achieves First Conviction & Sentencing", online at [ LINK ].

Peer Review Comments: Agreed, as long as we distinguish between corruption and other crimes; real understanding of corruption is still low.