CLA and LAWASIA Condemn Targeting of Fiji Law Society Leadership

The Commonwealth Lawyers Association (CLA) and the Law Association for Asia and the Pacific (LAWASIA) have expressed deep concern over developments in Fiji that appear to target the leadership of the Fiji Law Society (FLS).

This follows the possible arrest and prosecution of FLS President Mr. Wylie Clarke and immediate past President Ms. Laurel Vaurasi.

In a joint statement issued on 10 June, CLA and LAWASIA noted the FLS’s media release of 1 June 2025 and highlighted their alarm over what they describe as attempts to undermine the independence of the FLS.

The concerns relate to an incident on 5 September 2024, when Mr. Clarke and Ms. Vaurasi, acting in their official FLS capacities, attended the offices of the Fiji Independent Commission Against Corruption (FICAC) in response to the arrest of Ms. Barbara Malimali—then recently appointed as FICAC Commissioner—by her Acting Deputy Commissioner and staff.

The actions taken by Mr. Clarke and Ms. Vaurasi stemmed from concerns regarding the independence and impartiality of the Commission, which the FLS believed threatened the institutional integrity and public confidence in the administration of justice in Fiji.

Following this, a Commission of Inquiry (COI) was established to investigate Ms. Malimali’s appointment.

In May 2025, the COI delivered its report, and based on its recommendations, the President of Fiji, on the advice of the Prime Minister, suspended and later revoked Ms. Malimali’s appointment.

The FLS has questioned the constitutionality and legality of these actions and criticised the lack of transparency, noting that the report has neither been made public nor shared with affected individuals, denying them the right to respond or challenge the findings.

Recent reports suggest that Mr. Clarke and Ms. Vaurasi could face charges of obstructing justice or perverting the course of justice in relation to the 5 September events.

CLA and LAWASIA have condemned the prospect of such charges, stating that prosecuting legal professionals for carrying out their professional responsibilities violates international standards.

They cited the United Nations Basic Principles on the Role of Lawyers (1990), which affirm that lawyers must be free to perform all professional functions without intimidation, harassment, or improper interference.

The organisations also referenced the Commonwealth Charter, the Latimer House Principles, and the 2023 Goa Declaration—all affirming the vital role of an independent legal profession in upholding the rule of law.

LAWASIA further recalled its 2019 Council resolution recognising the role of law associations in defending the legal profession and protecting the rule of law, reaffirming support for legal professionals who face threats, harassment, or prosecution while discharging their professional duties.

“The possible arrest and prosecution of Mr. Clarke and Ms. Vaurasi would therefore constitute an attempt to prevent FLS from discharging its duties,” the joint statement reads. “This would be a grave encroachment on, or infringement of, their independence.”

The CLA and LAWASIA call upon Fijian authorities to:

Be publicly accountable in their decision-making;

Adhere to the rule of law and international standards on the independence of legal professionals;

Respect the role and independence of the FLS;

Ensure its officers can perform their duties free from intimidation, interference, or reprisal.