(o) What's Going On, Commander?

For the second time, as we approach a Political Party Leaders' Forum, the Interim Government huffs and puffs about excluding majority opposition parties because they continue to make anti-Government statements. Of course they do. What else can be expected from the aggrieved parties?

Speaking in Fijian to Radio Fiji yesterday, Cdre Bainimarama said the military council has advised him to exclude the SDL, NFP, UPP and certain NGOs from Thursday's meeting, adding that they "should not be part of the meeting."

I've no ideas what this charade is supposed to convey. Could Bainimarama and the military think they gain public support, or throw dust into their opponents' eyes, by this posturing, knowing all along that if they don't admit the opposition groups, the meeting itself -- and the President's Political Dialogue Forum which follows -- is turned into a charade. Or has the hoopla been "ordered" by the media? Whatever. Fiji could do without it.

Forum co-ordinator Jone Dakuvula said all parties would be present at the Forum. I sincerely hope so!

(+) If You Point Your Finger at Your Neighbour, How Many Point Back at You?

So it is all of us - newspapers, magazines, television, radio and increasingly web sites on the internet - who have become ever more dependent on the information traders. There have been a whole range of consequences. And I fear it is our standards as  journalists - our ethics - which are increasingly under threat."

---- Leaks, Lies & Tip Offs, former BBC political correspondent Nicholas Jones.

The latest police search of the Fiji Times offices has again prompted the International Federation of Journalists to rush to the newpaper's defence and Editor Netani Rika to say “the search warrant was a complete waste of time for the police and the firm."

Police said they were looking for a petition signed by Ministry of Finance staff addressed to the Public Service Commission, which they warned the FT not to publish. The FT did not deny their reporter Reijeli Kikau was (or had been) in possession of the document,  or that it had at some time been in their offices.

  
If this were the case, how come that a petition (or its copy) addressed to the PSC was in the possession of their reporter?  Who gave her this material addressed to somone else, and what did she -- and the person who gave it to her -- expect her to do with it?  What would the public think had the petition been published? With whom, the petitioners or the petitioned, would the public most sympathise?  And why should the police not search for this sort of document?

These are ethical questions concerning the sources and uses of media information; questions with strong political implications at the present time.  

(o+) The Judiciary and Justice Scutt: Saint or Sinner

Many of those opposing the Interim Government complain the Interim Government and the military have constantly interfered with the judiciary since December 2006. The suspension of former Chief Justice Daniel Fatiaki* soon afterwards lends weight to this view, although his appointment by the Qarase Government, and his anti-coup stand, could have seemed justification. The expulsion of overseas lawyers hired to defend those accused by the IG could also be deemed interference.  But to this outside observer the alleged interference has been neither constant nor totally unjustified.  Many far-from-democratic forces have been at work since December 2006 whose sole purpose seemed to be to achieve a return to the "ancient regime", warts, blisters and boils notwithstanding.

Post-coup situations, by definition, are abnormal. It would be surprising to find no change to whatever was considered normal before the coup. From the perspective of the media, the old government and certain NGOs, many actions of the IG are seen as excessive, but from the other end of the telescope, the IG's actions could be seen as remarkably tolerant.  On a scale of one (tolerant) to ten (repressive), post-coup Fiji would score two-three, and almost all of that because of government-media/Qarase personnel/ "pro-democracy" NGO relations.  To a remarkable degree, the judiciary has stood above and beyond these adversaries.

And yet, the Opposition holds that judges appointed since December 2006 are illegally appointed coup-supporters, even though the appointments are made by the  President on the recommendation of Judicial Services Commission.   At the same time, in apparent good faith, they continue to bring cases before these same judges. They urge prospective judges not to take up appointments and denounce those who have. They support the Australian and NZ travel bans that make local and overseas recruitment of judges difficult, which leads inevitably to court delays about which they also complain.  

Which brings us to the case of Justice Jocelynne Scutt, a High Court judge appointed by the "illegal" government who stands accused of toadying to the Interim Government.  I find this rather hard to believe. Prior to her Fiji appointment  in 2007, Dr Scutt (who holds postgraduate law qualifications from the universities of Western Australia, Sydney, Michigan and Cambridge) had been the Anti-Discrimination Commissioner in Tasmania; Director of the Research, Legal and Constitution Committee of the Victoria Parliament; Deputy Chair, Law Reform Commission, Victoria; and a member of the NSW Bar. She was also an internationally know feminist, a firm upholder of human rights, and one of Australia's most prominent barristers.    

Angie Heffernan ( Pacific Centre for Public Integrity) and Virisila Buadromo (Fiji Women's Rights Movement) criticised Justice Scutt's appointment and the "handpicking" of judges who, they claimed, would uphold the legality of the Interim Government. The International Bar Association report used their testimony to accuse the judge of "a chilling use of judicial powers" against free expression. The Australian cited the IBA Report which cited Heffernan and Buadromo, to also find her guilty.  

But the  Report which was used to damn Justice Scutt has in turn been criticized by Australian Clive Grossman, QC, a counsel for the Tribunal looking into the dismissal of Chief Justice Fatiaki*, and also a member of the IBA. He said parts of the IBA  report were "highly misleading," contained "grave misstatements" and there were "no attempt to verify its sources." His comments were not mentioned by The Australian.  The so-called "illegal" Fiji Judiciary also attacked the IBA report. Click here. But again, scant mention of their rebuke appeared in the Fiji media.

Postscript. Friday 3 April. The Australian Press Council has rejected Justice Scutt's complaint for defamation against The Australian newspaper but they did agree "that the newspaper went too far in statements such as that the complainant had 'links with Fiji's military rulers' and 'is involved with the military regime', statements that incorrectly implied collaboration with and/or personal connections with members of the military regime. The newspaper offered no evidence to justify these statements." Click here for full report.

I'm not at all sure where all this leave us but I'm reasonably sure the IBA report was flawed; Justice Scutt has been unfairly condemned; the judiciary is far more independent than might be expected in a post-coup situation;  the ABC is not impartial; and the Australian and Fiji media are once again not very vocal  about news that does not confirm their preconceptions.

(o) Robin Nair: Getting to the Main Game

Robin Nair offers his views on why the main politicial parties appear to be going along with the proposals put forward by Cdre Bainimarama at the Political Party Leaders' Forum. Click here.

Speculation Elections in November-December, and Other Stories

The NZ DominionPost reports (2 March):  "Fiji's military regime is quietly moving towards general elections for later this year despite public utterances by dictator Voqere Bainimarama rejecting regional calls for an urgent return to democracy, sources in Suva say.  Growing speculation around a November-December election was reinforced by a statement that he had been looking at Indian voting machines this week."  [One really does wonder about the sources for these stories and why no effort is made to check their reliability. Any news is better than no news?  Note also the "unbiased" choice of words!]

Col. Pita Driti continues with his warnings about who will not be allowed to participate in the President's Political Dialogue Forum.  His most recent "victim" is former SDL MP and HotBread owner Mere Samisoni who he accused of supporting the 2000 Speight Coup. She had delivered bread to the coup-makers for which she said they paid.  I suspect Mere did support the coup, which she denies, but Col. Driti, with respect, how come you decide who will attend?  Very moderate statements are needed from all parties as we head into the Forum landing. 

This advice also applies to  SDL Director Peceli Kinivuwai who has laid the blame for Greater Suva's worsening water supply on the Interim Government. Secretary for Information Neuma Leweni correctly accused him of trying to get political traction from a long standing problem. The water pipes were laid over 40 years ago and have been irregularly maintained as Suva's population more than trebled. Speaking on World Consumer Day in 2004, when Greater Suva used 150 million litres of water daily, former PM Qarase noted leaks responsible for 15-25% water loss in Greater Suva and close to 50% nationally. It was hoped to reduce this to 30% by 2007. Hardly the fault of the Interim Government! (Walsh Fiji: an Encylopaedic Atlas 2006: 184)

Some 18 political parties have submitted suggestions for the 15 NGOs that will be represented at the President's Political Dialogue Forum.The Interim PM will make the final selection.

FHRC Shaista Shameen has been elected chairperson of the UN Working Group investigating the employment of military mercenaries.

The Court has issued a stay order, deferring the introduction of a compulsory retirement age of 50 for public servants.

The Fiji Island Commission Against Corruption (FICAC) has launched its own website www.ficac.org.fj Some 29 charges have been laid but to date there's only been one conviction.