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ABC News
ABC News
National
Foreign affairs reporter Stephen Dziedzic and Jordan Fennell

Fiji's National Federation Party leader Biman Prasad charged with 'insulting one's modesty' weeks before election

Opposition MPs in Fiji have accused Frank Bainimarama's government of conducting a campaign of coordinated intimidation and legal harassment against its political opponents as voters in the Pacific Island country prepare to go to the polls.

On Wednesday, Biman Prasad — the leader of the opposition National Federation Party — was charged with two counts of "insulting the modesty" of a person.

The party said police have accused Mr Prasad of hugging and "kissing the cheek" of Ari Taniguchi, the wife of former NFP provisional candidate Hiroshi Taniguchi, on two occasions at the National Federation Party offices in Fiji's capital, Suva.

In a separate statement on social media, the NFP called the accusations "trivial" and "malicious".

The ABC has tried to contact Ari Taniguchi, the Fijian PM and the Fiji police for comment, but they have not responded.

The episode is likely to stir fresh anxieties in Fiji that opposition MPs and government critics are being deliberately targeted by both courts and police in the lead up to the poll.

The University of Canterbury academic Steven Ratuva told the ABC the charges against Mr Prasad would feed into the broader "atmosphere of fear and intimidation" in Fiji.

"The process of hugging and kissing, you know, women on the cheek, is pretty normal, in many cultures, certainly in the Pacific," he said.

 "The democratic space [in Fiji] is getting smaller and smaller and smaller, because of these legal mouse traps which have been put around in some of them."

The charges have been laid only weeks ahead of Fiji's election, which must be held by January 2023.

Most observers predicted the government would hold the election in November this year, but it now looks likely to be held in either December this year or January next year.

Government restrictions 'most oppressive ever'

Mr Prasad is not the only government critic facing charges in court.

The prominent Fijian lawyer Richard Naidu — who is also closely associated with the opposition — is also facing contempt of court charges after poking fun at a spelling error in a judgement issued by the country's High Court.

And last year, a number of Opposition MPs — as well as former PM and coup leader Sitiveni Rabuka, who is challenging Mr Bainimarama for the top job — were briefly detained after they criticised a contentious land bill.

The prime minister accused the MPs of inciting racial tensions over the legislation.

Some opposition MPs have also alleged that the government is introducing new restrictions designed to hamstring their efforts to win back power.

For example, under new amendments to the electoral law, political parties must now provide budget estimates for their campaign promises, specifically outlining spending plans and the sources of their revenue.

Savenaca Narube, leader of the Fiji Unity Party, said the laws put opposition parties at a disadvantage, because unlike the governing party, they can't access the civil service to help balance their books.

He said these laws were leading to the "most oppressive climate ever" in Fiji.

"This is the kind of climate we are facing now. Never in our history have we faced this," Mr Narube told the ABC.

"Laws have been changed not to make elections freer and fairer, but to oppress the opposition and that's the tragic part of this."

Australia steers clear

Australian officials have been closely monitoring the recent events in Fiji, but neither the Morrison nor the Albanese governments — who have both been intent on building closer ties with Mr Bainimarama's government — have criticised any of the moves against opposition MPs.

Minister for the Pacific Pat Conroy told the ABC that international observers assessed that the last election in Fiji was both free and fair.

He declined to be drawn on the allegations against Mr Prasad, saying he wouldn't comment on matters in front of the courts.

"We have got to be very careful at this stage to not comment on the internal matters of other countries, and I'm respectful in listening to those countries," he said.

But Mr Ratuva said international monitors and foreign governments needed to scrutinise the broader democratic landscape in Fiji, as well as the mechanics of the election.

"It's important for the observers to also know about not just the electoral process itself and how it's carried out, but also the broader political space and the climate within which it takes place," he said.

"[That] needs to be taken into consideration, because that will have an impact on the election itself [and] on the election result."

"It's not just the mechanics of the electoral process. It's also the political climate impacts on people's rights for free expression, for campaigning, and for political parties and politicians and how they engage with the public [and] the voters."

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