Cogito, ergo sum. I think, therefore I am. (René Descartes, mathematician and philosopher,1599-1650)

Wednesday 29 April 2009

(o-) Criticism from a Well-Wisher: Rod Ewins*

Dear Crosbie, I have watched your blog with great interest since its inception. I have also recommended it to various others. I have felt of late that perhaps there were far more + or 0 entries than - ones (none of those when I logged in today), and that is perhaps unfortunate in the interests of maintaining the neutral status that I am sure you value. I fully realise how difficult it is to find well-researched and -written material to include that is not tainted by the hysteria that so many engage in and devalue any useful points they make.

Do keep up the good work - and I do know what a lot of work it is! There are many Fiji blogs out there at the moment, most of them fitting the hysterical mould, and with no serious analysis, so yours is a breath of fresh air.
Kind regards, Rod Ewins

Rod, Yes, you are right and I was not unaware of the "shift" myself. My difficulty has been in reacting to others' reactions on the implementation of the Emergency Regulations. Most anti-government comment has not placed the actions of the Government within the context of the Regulations. Placed within, they make sense, even if they seem excessive; out of context, they point only to an on-going abuse of power. We would be in a better position to judge if the local media could comment more freely, but our first real indication of where things are heading may have to wait 14 more days. If the Emergency is extended beyond its original 30 days without due and obvious cause, many will have cause to doubt Bainimarama's stated intentions. Thank you for picking me up on this.
Croz

* Dr Rod Ewins, a Research Associate at the University of Tasmania, was born in Fiji, into the 4th generation of settlers who first arrived in 1875. He has published three books, a video and a number of articles on Fijian art. His PhD thesis was on "the social role of Fijian traditional art in the negotiation of identity". His website is www.justpacific.com

See also two opposing but related comments to my post "The Coup Was Not Necessary": Expert

(o-) Important New Book on 2006 Coup

The 2006 Military Takeover in Fiji: a Coup to End all Coups, edited by Jon Fraenkel, Stewart Firth and Brij V. Lal, ANU E Press.

An invaluable, wide-ranging collection of papers, mainly by Coup opponents, but with no apologies for the policies of the deposed Qarase Government. Click here for the whole 472 pages. 1.5MB, but quick broadband download.

Brij Lal's comment quoted below points to one, as yet little considered, possible consequence of a failed coup. While race is not the only driver of politics in Fiji, it is an easy way for the unscrupulous to rally support.

"People in power in the FLP–RFMF* interim administration appear unconcerned about the incontrovertible fact that a large cross-section of the indigenous Fijian community feels deeply humiliated. They are the outright majority of the population, and in their view they are the underprivileged ones who needed special assistance, who as the taukei, the indigenous inhabitants, were ‘by right’ entitled to control the levers of power. And now this: Unceremoniously tossed out of office, deprived of government handouts, and told to compete on equal terms with everyone else. The days of state-sanctioned pampering are over. It is a timely, if severe, message relayed with unprecedented bluntness. If the SDL and the nationalists ever return to power, they would likely pursue an ethno-nationalist agenda with a vengeance never seen before in Fijian politics.

"It will be the politics of grudge and relentless score-settling all over again. This is a fear that lies deep at the back of the Indo-Fijian mind. This is the main reason why so many are so desperate for the military to succeed in its campaign. For, if it fails, Indo-Fijians know they will be doomed permanently to a subordinate future in the cul-de-sac of Fijian politics from which escape will be difficult."(p.434) * Republic of Fiji Military Forces- Fiji Labour Party.

Tuesday 28 April 2009

(-) "The Horrifying Consequences of the Coup": Narsey

In an April 15th memorial lecture for the late Rev. Paula Niukula (The Struggle for Just Wages in Fiji Lessons from the 2009 Wages Councils and the Continuing Coups), USP Economics Professor Wadan Narsey (photo, L, with Richard Naidu, R) discusses the "horrifying consequences of the 2006 military coup, including the utter collapse of the economy, greater unemployment and massive increase in poverty." He also gives his opinion on those supporting the abrogation of the 1997 Constitution, the Indo-Fijian community "intellectual gutted by emigration"; the "short-sighted" leadership of Chaudhry's Fiji Labour Party (FLP); the "steadfast ... support of constitutionality and law and order by the National Federation Party (NFP); and predicts that "in the not too distant future, for their own preservation, the Fijian Military hierarchy will rejoin and support the body politic of the indigenous Fijians". All of which gives room for serious thought.

For those unfamiliar with Waden, he is probably Fiji's most eminent academic economist; a long-standing NFP supporter and opponent of the FLP; and the brother-in-law of Prof. Brij Lal, one of the architects of the Reeves Report that resulted in the adoption of the 1997 Constitution. To read the lecture in full, click here.
P.S. My correction and apologies for the underlined. See post 6 May My Sincere Apologies to Prof. Wadan Narsey.

Monday 27 April 2009

(+) NZ TV1 Gutter Journalism

New Zealanders may not be the best informed people in the world but they pride themselves on their sense of decency and fair play. Over the past week or so we've had several informed and balanced programmes on both radio and TV on Fiji. Our information was improving. Until tonight, when a TV1 News item reminded me of just how deeply biased and uninformed our media can be. And why New Zealanders are so ill-informed on Fiji. The item was so bad I found myself questioning media freedom and the role of NZ "parachute" journalists.

It started with the sensational News Headlines: "Talk of Uprising in Fiji"-- surely of extreme importance but unmentioned in the story! When the item started journalist Lisa Owen, freshly arrived from New Zealand, interviewed a Fijian female silhouette who spoke tearfully of the President's "treason", Fiji Law Society Dorsami Naidu who appealed to people within the government who "secretly doubted Bainimarama's master plan" (perhaps this was the talked-of uprising), and another anonymous person who asked the interview be not televised after reportedly receiving threats from the censors.

The journalist said some people asked NZ tourists to stay away to "deprive Bainimarama of tax dollars" (no mention of lost income in the tourist industry). Lisa continued: "Here in Fiji under the current military regime, it is illegal to hold a meeting if it includes the media or a conversation about politics". No mention was made to the 30-day Emergency Regulations which imposed these rules. Listeners would think it a normal condition.

This commentary was filmed against a backdrop of crowded buses, a squatter settlement, and a street beggar contrasted with Cdre Bainimarama, resplendent in his white naval uniform. No text was needed; the film told all.

How could any decent New Zealander do anything other than condemn the evil Bainimarama and what he's doing to Fiji!

On TV1 News tomorrow Lisa will report on one of Fiji's squatter settlements. No doubt we'll hear that poverty is worse due to the coup (not to the world recession and travel advisories from New Zealand and Australia*. Depending on the squatter settlement selected, we may even hear that many squatters are recent arrivals, impoverished by the Coup, when many new squatters are in fact Indo-Fijians whose land leases were not renewed due to pressure from some prominent supporters of the deposed Qarase regime. [P.S. I was wrong. Lisa interviewed three Fijians whose political comments were probably representative. But the item only lasted two minutes!]

What is the point of sending a journalist to Fiji who knows absolutely nothing about Fiji to interview three people of similar persuasion who tell us nothing new? Unless, in deliberate breach of the Emergency Regulations, she is deported ... and then TV1 will have another story!

*P.S. The original post had "sanctions"which is not strictly correct. Travel advisories (and ongoing negative reporting) have had a direct economic effect on tourism, Fiji's major industry.

Saturday 25 April 2009

(-+) The Coup Was Not Necessary: Expert

One of the especially sad things about the Fiji situation is that family, friends and colleagues often find themselves on opposite sides. It never was, as the media mostly present it, a case of baddies versus goodies. I find myself in this situation with regards to a letter published in The Australian by former colleague Robbie Roberston. Robbie, now of Adelaide's La Trobe University, has written three books on the 1987 and 2000 coups, one co-authored with his wife, Akosita Tamanisau, and he wrote most of the political section in my Fiji: an Encyclopaedic Atlas (see advertisement, in left column). He's an expert on the earlier coups (supposedly carried out to defend ethnic Fijian rights) but I think he's misread the 2006 Coup (the first where Indo-Fijians were not the scapegoats).
Here are the points he made (RR) and my responses (CW).

RR: “Fiji emerged from those political storms [the 1987 coup] stronger than ever, with a hugely sophisticated and active civil society, a dynamic free media and a strong legal system... and ethno-nationalism had retreated.”

CW: A rather rosy picture of Fiji not altogether borne out by more recent reactions of some NGOs, the media and the Fiji Law Society, but not altogether wrong either. But on ethno-nationalism, unfortunately, absolutely wrong. The racist reasons forthe Speight Coup were identical to those of 1987. Further witness to ongoing ethno-nationalism of the worst kind includes: the votes won by the extremist CAMV party in 1991 and its absorption into Qarase's SDL for the 2006 election; the overt racism of some of his Government ministers; the sporadic desecration of Hindu temples; the continuing use of the race card, and the blatant racism in numerous anti-Government blogs.

RR: “A new constitution in 1997 that it could rightly be proud of.”

CW: Appearances in 1997 were not borne out by realities, especially from 2000 onwards. The Constitution, eagerly adopted by the Great Council of Chiefs and an exhausted Indo-Fijian population thinking anything was better than the totally racist 1991 Constitution, has proved defective in (a) its electoral system; (b) its Government power-sharing provisions; (c) the power given to the Great Council of Chiefs, and their representation in Senate; and (d) the absence of the President's “reserve” powers, or similar.

RR: “The 1997 Constitution was helping to break down the racial divide through eventual power-sharing … Bainimarama chose to overthrow the recently elected parliament in which power was being shared for the first time among the representatives of 80 percent of the population.”

CW: Qarase refused to admit the Fiji Labour Party to power-sharing, and at the time of the 2006 Coup, the “Opposition” was Mike Beddoes, representing the UPP, a very small party. Power-sharing deprived Parliament, and Fiji, of an effective opposition.

RR: “There was no need for the coup. Change was already in the air because the purported threat Indo-Fijians posed to Fijian dominance has dissipated....may fall to under 25 percent by 2020”

CW: I can't see what has this to do with the Coup? Does Robbie propose a correlation between increasing “Fijian democracy” and a decline in Indo-Fijian numbers, presumably because Fijian politicians would no longer need to play the race card? The 2006 coup had several causes: Qarase's betrayal of Bainimarama's trust by entering politics and his inclusion of 2000 plotters and activists in his government; the high level of corruption; proposed legislation that would have excused the plotters; the divisive Qoliqoli Bill, and other bills promoting ethnic Fijians (more accurately their elite and chiefs) to the detriment of other races. It had nothing to do with current or future demographic shifts.

RR: “This [the smaller Indo-Fijian population] will mean electoral change will have to take place ….”

CW: The only change required from a smaller Indo-Fijian population would be a decrease in the number of their Communal seats. Robbie seems to assume (despite opinions to the contrary in his own writings) that race is the sole driver of Fiji politics and Fiji society. This view has some merit if we substitute “race card” for “race” but only if we also ignore significant divisions within both Fijian and Indo-Fijian communities.

RR:...and such change was already being publicly debated before Bainimarama chose to overthrow the recently elected parliament. “

CW: The Reeves Commission that resulted in the 1997 Constitution recommended the gradual reduction of Communal electorates and an increase in Open electorates, a change that Qarase's SDL would have blocked. The “public debate” was mainly about the scrapping of the Alternative Vote and its replacement by proportional representation. This would be an improvement, but as long as the Fijian Communal seats remained, the value of Fijian votes in some (mainly rural) provinces would continue to be worth between two and four times the value of Fijian votes in other (mainly urbanized) provinces; General Voters (other races) would be over-represented, and Fijians living in towns and cities would continue to be under-represented. In other words, it would continue to be grossly unfair and undemocratic. And as the saying goes: There's many a slip between the lip(debate) and the cup(genuine electoral reform). Robbie wrote of 20-30 years. Bainimarama decided not to wait that long!

But all this begs the question, the People's Charter is now central stage, and of this electoral reform is only a part. In a message to Café Pacific Robbie said: “I fear that even if he [Bainimarama] delivers, the result may not be what we wish for. [adding] Bainimarama should be judged by what he does, not what he says.” How true, on both counts. Bainimarama may not get the full People's Charter--it is still to be discussed-- but if he gets the major part of it, an optimistic view could be that the Coup and all it has brought may yet be judged worthwhile.

RR: Robbie expresses a far less optimistic view:“The danger Bainimarama poses lies not in what he says he will do but what he does. Here is a man who claims he and the military forces he represents have the right to interfere in the political process whenever they, and they alone, choose. This is the Rabuka legacy, and if Bainimarama succeeds in recreating Fiji's democracy in five years' time, he will have confirmed for all time the role of the military as Fiji's political kingmaker.”

CW: Yes, this is a distinct possibility and a very real concern that will be addressed during the People's Charter process. But one could also argue that without the Coup, Fiji would have become even more racist. We can no more read past futures than present ones.








(-+) One Picture Worth a Thousand Words: Fiji Military Has Tanks?

It's been a mad week. What with Bainimarama's award for services to humanity and Salinger's dismissal from Niwa (see post below, "Unbelievable But True") but now we have Attorney General Aiyaz Sayed-Khaiyum saying, not only that overseas media are portraying a lot of false images about Fiji, but (read on...)

“I understand, for example, in Australia – one of the TV stations was showing tanks when they were talking about Fiji – the pictures in the background. The military does not have tanks in Fiji. You have old file footage being shown as current footage - but not saying ‘file footage.’ You have a lot of sensationalism. You have media organizations reading [anti-Government] blogs. That doesn’t of course help.”

(+) Clinton Told Australia NZ Misleading Over Fiji

Suva (RF Online/Pacific Media Watch): Appearing at a congressional hearing in Washington, US Secretary of State Hillary Clinton is again urging Fiji to restore democracy as soon as possible. But yesterday when the subject of democracy came up again. American Samoan Congressman Faleomavaega Eni Hunkin came to the defence of the Fiji government. In a question to Clinton, he said regional heavyweights Australia and New Zealand had been painting an inaccurate picture of Fiji’s political scene. Returning from talks in Suva, he said the democratic system in the country had been unfair for years, and Fiji was not ready for proper elections. He told Clinton the situation in Fiji was complex, and for too long Canberra and Wellington had been allowed to take the lead. He said:

"It makes no sense, Madame Secretary, for the leaders of Australia and New Zealand to demand early elections for the sake of having elections in Fiji, when there are fundamental deficiencies in Fiji's electoral process."

Update: For a much fuller account, with comments from David Robie, click here.

(o) Unbelievable But True : Fiji and NZ

The two most unbelievable news items last week were, first, in Fiji, Cdre Bainimarama being invested with a Companion of the Order of Fiji for his “eminent achievement and merit of highest degree and service to Fiji and to humanity at large” Fiji? Possibly.Only history will tell. Humanity? Huh! Most of humanity doesn't even know Fiji exists!

And secondly, in New Zealand, Jim Salinger's dismissal from Niwa.* Salinger is NZ's internationally renowned top climate change scientist. What was he sacked for? Talking to the media about glaciers (sic!) without permission. And we criticize Fiji!!!
*The state-owned National Institute of Water and Atmospheric Research.

Wednesday 22 April 2009

(o) Kiwi's "Scary" Arrival in Nadi

Queenstown Times columnist Miranda Spary's arrival in Nadi airport recently was nerve-wracking, with a large military and police presence keeping the crowds out amid much yelling and chaos. But it turned out it was just a crowd welcoming home the Fiji Sevens rugby team after winning in Hong Kong. That was the scariest moment of the visit to Fiji. In fact, it was the only scary moment.

[The article goes on to describe economic problems due to the downturn of tourism, the recent floods, devaluation, and the effects of ill-informed NZ media information...

Every New Zealander interviewed there said they had received phone calls and emails from panicky family and friends worried for their safety.

While the media is telling people it is unsafe, the official New Zealand travel advisory service does not. It simply explains the current political situation and says to be alert to any deterioration, especially in Suva, which is not the main tourist destination. Having said that, contacts who have been to Suva say everything is normal, even around Government House and the business district. The western side of the island is the main tourist hub, and there is no evidence of any unrest there. If it were not for the barrage of concerned emails and texts from New Zealand, and reading the online papers, life in Fiji would be just the same.

No-one likes to see the media muzzled, but the local people are well aware of what has happened. They all read the news online as well. They have to, as the standard of local media leaves a lot to be desired. The more cynical among them think the journalists who were asked to leave were scratching hard to create a story out of nothing.

The feeling among the locals I spoke to is that Frank Bainimarama is doing not too bad a job. They are put out that the judicial hearing took place on Tuesday and Wednesday, and the decision was given on Thursday. [This refers to the unexpectedly short time it took the Australian judges to reach and publish their verdict.] To read the full story, click Pacific MediaWatch

Tuesday 21 April 2009

(+) Kiwi Laywers Committed to Fiji

Based on Fiji Live 21 April 2009

New Zealander Christopher Pryde, reappointed today as Fiji's Solicitor-General, has criticized NZ Law Society president John Marshall QC’s comment that lawyers should not accept office with the Fiji government. Pryde said people could bury their heads in the sand and wish that things were otherwise, but the fact remained that the President had abrogated the 1997 Constitution. He called NZLS president's advice “paradoxical.”

It is precisely at this time that Fiji needs good, competent lawyers to assist it and I am pleased that all the New Zealand lawyers working in the various ministries and departments in Fiji, including in my office, have committed themselves to staying on and seeing the country through this difficult period. The reappointment of people, including lawyers, to government positions and judges to the judiciary is an important part of that process without which, the road will be longer and rockier.”




(B) Fiji Crisis: Behind the Headlines - Fr Kevin Barr

In a special feature for Pacific Media Centre, long time advocate for Fiji's poor, Fr Kevin Barr, traces the factors that led to the Abrogation of the 1997 Constitution on April 18th and the promulgation of the Emergency Regulations, and comments on what is happening now and the way forward. If you read nothing else about Fiji, read this: the situation in a nutshell.

Monday 20 April 2009

Links to NZ Over-the-Weekend Discussion on Fiji

New Zealand radio and TV gave much attention to Fiji over the weekend, and for a pleasant change some programmes presented a range of opinions. Listen to David Robie, Barbara Dreaver and Ranjit Singh on TVNZ Media 7. The Cafe Pacific site also has a copy of my separate posting on the Sunday Group. Click here. Listen to Robie on Shine TV saying that Australian and New Zealand policies have backfired. And to Ranjit Singh saying that the media is not telling the full story.

TV1 had a lengthy interviewed with Ballu Khan, with whom I sympathise at a human level because he was very badly beaten up by the military in the early days of the Coup, but otherwise is a person in whom I do not place a great deal of trust. His later comments were similar to those of Baidrokadroka (mentioned in an earlier post) and our PM John Key. All of these statements could be seen as inflammatory and decidedly dangerous interference in the internal affairs of a sovereign state, whatever their government. For this reason I have not provided a link to the Khan interview, but Key's comments may require a later posting. Meantime, I'm not sure whether he intended the media to "enlarge" on his story (promoting his "last resort" as the first resort, and demoting the provisos) or whether the media did it on their own, or a bit of both. Statements like this can only make the Fiji situation worse, as indeed all of those in the interviews noted above made very clear.

Sunday 19 April 2009

(o) Radio NZ Sunday Group Discuss Fiji

To listen to lawyer Janet Mason (Wellington lawyer who represented the Great Council of Chiefs), Waikato academic Dr David Neilson (who was part of the FHRC enquiry into alleged irregularities in the 2006 election), radio journalist Richard Pamatatau (RNZ Pacific Issues correspondent) and Crosbie Walsh (this blogger) discuss recent events in Fiji -- what led up to the present "mess", opinions on how it may be resolved, and what New Zealand can do (and should not do) to help -- tune in to RadioNZ . The 30 minute programme was chaired by Chris Laidlaw and produced by Christine Cessford. If the 19th April programme is no longer available, check the Sunday Morning Archive to the left of the RNZ page for 19th April..

Feedback so far has been very positive. Vinaka vakalevu to Chris, Christine, and fellow discussants. Apologies to Janet for butting in. I think Chris handled us all very well but it's a pity the format did not allow for a some discussion between discussants.

Friday 17 April 2009

(o+) Ratu Epeli Nailatikau New Vice-President

The Fiji Village headline "Bainimarama Takes Vacant Portfolios"  none-too-subtely inferred Bainimarama was making another presumed grab for power.  But the "vacant portfolios" were  Ratu Epeli Nailatikau's who could no longer hold them because he had been appointed Vice-President. The article was about him, not Bainimarama!  Fiji Live and Fiji Times on-line reports on the appointment were notable for what they did not say. Media bias is not always open and obvious; inference and omission can be just as effective .

Yet Wikipedia could report, within minutes, the appointment of  Brigadier-General Ratu Epeli Nailatikau, LVO, OBE, MSD, OStJ,  former supreme military commander deposed  by Rabuka's 1987 coup; former diplomatic representative to the UK and Pacific Island states; former Speaker of the House under Qarase (2001-06); former candidate for PM after the Speight coup he opposed; and post-2006 minister of several important portfolios.
 
In addition to his diplomatic and military credentials, Ratu Epeli is a high chief,  a great-great-grandson of Ratu Seru Cakobau who ceded Fiji to Britain, a son of Ratu Edward Cakobau, commander of the Fijian Battalion in World War II, and a grandson of King George Tupou II of Tonga. He was strongly opposed to the 2000 Speight coup and withdrew his nomination in 2001 for PM in favour of Laisenia Qarase, under whom he later served as Deputy PM. From 2001 to 2006 he was Speaker of the House. Following the 2006 coup, he served in several positions under Bainimarama. In 2007 he was nominated for VP (replacing another good man, Ratu Joni Madraiwiwi, who had been ousted by Baimarama  because of his anti-coup position) but was rejected by the Great Council of Chiefs who were advised his appointment would compromise their anti-coup position. Ratu Epeli is also noted, as former UNAIDS representative for the Pacific, for his outspoken work on HIV/Aids. His wife is Adi Koila Nailatikau, daughter of former PM and President, Ratu Mara. They have two children.

Ratu Epeli was sworn in by the President at a ceremony attended by his wife, Cdre Bainimarama and his ministers, Catholic Archbishop Petero Mataca, High Commissioners of India, Malaysia and PNG, and Ambassadors for China and Kiribati.  It is instructive to note the diplomats both absent and present, most especially the presence of Forum members PNG and Kiribati.

(o+) Dealing with the Dictator: Highly Recommended Commentary*

*Graham Davis is a Fiji-born journalist living in Australia. I think he's done a remarkably good job summmarising the main issues in the present situation; in tracing its roots back to earlier coups and before (with interesting comments on Bainimarama's background, personality and clumsy diplomatic skills);  and in offering ideas about what can now be done. To read his article in full, click on The Australian or the Fiji stuckinthemud blog.

Here are the first two paragraphs of his article-----

"Like many military leaders before him, Frank Bainimarama can be autocratic, stubborn, wilful, obstinate and disdainful of the traditional nuances of civilian politics. He may also be the best hope, albeit in five years' time, of a democratic Fiji for all its citizens and not just the amply endowed indigenous majority. If that seems a ludicrous proposition when constitutions are being abrogated and the media proscribed, it's time to consider some basic truths that seem to have been overlooked in the "good guy,[Qarase] bad guy" [Bainimarama] narrative that invariably passes for analysis in much of the Australian media ...

.... It's time to dispense with this simplistic premise because a compelling argument can be made that, in fact, the reverse is true; that Bainimarama and Iloilo, for all their flaws, are embarked on the more worthy crusade. Or certainly more worthy than they're being given credit for by their burgeoning number of foreign opponents. The Fiji saga, by its very nature, defies simplicity, yet stripped to its bare essentials presents the international community with a stark choice between upholding the principle of democracy now and sacrificing racial equality in the process. Wait five years - maybe less if some international agreement could be brokered - and we might get both." [Read on, by clicking one of the sites noted above.]

Thursday 16 April 2009

(o) The Presidential Decrees and Related Matters: Brief Comments and Links


Fiji's Four Coups
For those wanting a full introduction to Fiji's four coups, and commentary on the last one, listen to two recorded interviews byMosese Waqa in Australia. You will need QuickTime player installed.

The President, Ratu Josefa Iloilo, has signed a number of decrees to replace the abrogated 1997 Constitution that cannot be legally questioned until there are democractic elections held in accordance of a new Constitution. Most decrees concern his Executive Authority (as Head of State and Commander-in-Chief, and his power to appoint a Prime Minister and other ministers); and laws "for the peace, order and good government of Fiji." All laws existing before the Appeals Court decision, other than those related to the 1997 Constitution, will continue in force. To read the decrees, click here.

Bainimarama has been reappointed PM
along with his former ministers. Most senior civil service appointments have been renewed. All State offices have reopened and most officeholders reappointed, their earlier dismissal being necessary because they had been appointed under the abrogated Constitution, an important explanation omitted by most media.The State Services Decree by the President also establishes Electoral Offices, including the Constitutional Boundaries Commission, and the Supervisor of Elections. Exceptions include the Constitutional Offices Commission, Judicial Service Commission and the Disciplined Services Commission.   The new Chief Justice is Nazhat Shameem and the new Governor of the Reserve Bank Sada Reddy.

The Public Emergency Regulations remain in force and are likely to do so for a month. One lawyer and two journalists were arrested for short periods. The media has been firmly instructed not to publish any news which could aggrevate the situation. The Fiji Times, which earlier protested against censorship by printing blank colums, is now not printing any political news. The foreign media have been invited to report, preferably from overseas (!), which brings little change.  NZTV reporter Barbara Dreaver and AAP journalist Michael Field (not surprisingly given two years of biased reporting) remain blacklisted.

PI Forum reactions on the abrogation differ
. Predictably, Australia and New Zealand have so far not adjusted to the new situation. Today's NZHerald editorial sums up their likely position. The Cook Islanders say Fiji must be suspended; Niue, Samoa and possibly Tonga seem likely to follow. Kiribati, however,  is against suspension and has urged Australia and New Zealand to adopt a more helpful attitude. Some Melanesian countries may follow suit.

Kiribati says dialogue must continue, and without Australia and New Zealand
President Anote Tong, in a Radio NZ interview, said he and some other Pacific leaders think Fiji will languish for years unless dialogue continues with the military regime. But talks should proceed without New Zealand and Australia, whose  policies have failed on many levels. PacificIsland leaders may have a better understanding of how to talk with Bainimarama.  He said no progress will be made towards democracy while there are demands for Fiji to present a fixed [election] timetable. “We can not talk about any other date if we can not engage with Fiji. At the moment the interim administration feels that earliest date is 2014. We should talk to Fiji to see if there is any way in which we can move any obstacles they face in not being able to do it any earlier.” 

The European Union "is looking to provide substantial financial support to rescue the sugar sector and help restore the economy"(reported in Fiji)  but Commissioner Louis Michel "expressed deep regret and disappointment regarding recent regressive developments in Fiji; in particular the abrogation of the Constitution, the sacking of all judges, the delay of general elections until 2014 and the curtailment of freedom of speech." (not reported in Fiji but by Coupfourpointfive blog that is well worth looking at for this and other views.) This announcement is nothing new and in my view the $400million worth of aid will not be released in the short term.

The Prime Minister has warned the military of possible UN reactions, and has reiterated that nothing will dissuade him from electoral reform before elections, not scheduled for 2014. Waikato's Dr David Nielson, who was part of the team that found serious flaws in the 2006 elections (see Background Material) makes this and other important points in Thursday's NZHerald.

Bainimarama also had harsh words for the Australian Appeal Court judges
who, he said, ignored the support for electoral reform (64% of those surveyed for the People's Charter). He says the Court of Appeal judges had made up their minds in advance  (evidenced by their quick verdict) and were trying to force an election under a system those surveyed did not want. The situation regarding NZ lawyers previously employed by Government, including Justice Gates, is unclear but the Auckland Law Society (undertandably but wrongly, in my opinion) has urged NZ lawyers not to take up Fiji appointments.  

If a newpaper survey is any indication, Bainimarama has a surprising amount of support in NZ.

In a separate article veteran Pacific scholar Prof Hugh Laracy said NZ had not enough understanding of the Fiji situation. He thought Bainimarama had "Fiji's best interests at heart."
 
TVNZ Interview with Bainimarama
An interesting and in parts amusing interview of Bainimarama by TVNZ journalist Adrian Stevanon may be read (and heard) onTVNZ.Bainimarama answered a question on a possible military mutiny in jest (they were playing rugby this afternoon) but a more serious and sinister  prediction -- a 50/50 chance -- came from former Land Force Commander Colonel Baledrokadroka, now living in Australia, who has been saying much the same thing for months.

The most economic important news,  that the previously overvalued dollar has been devalued by 20 percent
, has been welcomed by exporters, especially by garment manufacturers, and the tourist industry. The reverse side of the coin is that the cost of imports will increase, impacting badly on household budgets. 

The retired age for civil servants has been again set at 55 years (when most are eligible for a pension) but some will continue on fixed term contracts.  The move will create vacancies, which will "trinkle down" to younger, unemployed, qualified people, of whom Fiji has many.

The Ministry of Works has dismissed 12 workers for corruption and a further 27 are under investigation. I suspect they will all be lower placed employees.  It is singularly difficult to pinpoint corruption among Fiji's civil service upper echelon. Forensic accountants are needed for that task, and Australia and New Zealand could have supplied them.


It is too early to predict but, if Baledrokadroka's prediction proves unfounded (and we must hope it is or far worse things will happen), Fiji seems to be returning to "normal." No curfew is in place, the military public presence is light, and most people seem to be going about their everyday business.  If nothing untowards happens, and the media play it cool, I would expect the Emergency Regulations to be progressively relaxed.  The process would be further helped, of course, by a more subtle exercise of influence by the Pacific's two "self appointed" super powers.


Tuesday 14 April 2009

The Emergency Situation


I have spent much of the past few days reading and listening to news and opinions about the situation in Fiji, and have decided to wait further developments before adding my own opinions other than to say ..........

Most of what I've read and heard, though understandable, seems poorly considered, and the extreme and provocative  comments - by Baledrokadroka, Michael Field, one of the Australian judges, and some of the anonymous bloggers - must be condemned for adding fuel to what could develop into a highly dangerous situation.  

I think it important to recall earlier emergency regulations that were  heavily applied when first announced, but eased back as authorities became  better placed to assess the situation.  

Let us hope this will be the case again. That will be the time  for reasoned comment -- and some release of present frustrations . Meanwhile, the fewer inflammatory comments, the better. 

"God Bless Fiji".

Monday 13 April 2009

Links: Court Judgment, President's Speech, Fiji and International Reactions

See also my initial comments on the post below 
  What On Earth Did the Court Expect?       
  (The symbols are explained in "Notices" at the bottom of this page.) 

(B) Court of Appeal Decision

(B) President's Address to the Nation




(+) Chamber of Commerce Reaction

(-) Brij Lal

(-) NZ Minister of Foreign Affairs

(-) Anti-Government Blog Reactions
http://wwwfijicoup2006.blogspot.com/ (Sai Lealea - Commonwealth reaction)
http://coupfourpointfive.blogspot.com/      (on curtailment of media freedom)













Sunday 12 April 2009

(+) What On Earth Did the Court Expect?


I would have preferred a few days to reflect on Friday's developments but given that others are not disposed to do so, I add my thoughts for consideration.

Leave aside for the moment  the rights and wrongs of events on Friday 9th and Saturday 10th April 2009: the Appeal Court's decision that the President's appointment of the Interim Government in 2007 was unlawful; Bainimarama's apparent acceptance of the decision; the President's abrogation of the Constitution, and the reappointment of the Interim Government, together with decrees dismissing the judiciary and limitations on media freedom. These are matters we can address later.

For the moment the most important questions  seem to be:

First, what on earth did the court (and Qarase who had challenged the earlier High Court's decision that the Interim Government was lawful) expect?  That an adverse decision would see the President comply with the Appeal Court ruling -- which may yet be appealed?  That Bainimarama, the military leaders and the Interim Government would abandon their 2006 takeover objectives and hand everything back to Qarase so that things would be just as they were before, bowing to the racial and religious extremism that had infiltrated the Qarase regime?  Because that is exactly what a new election under the existing undemocratic and racially-skewed communal voting system would produce.  

Abandon the work done on the People's Charter and the President's Political Dialogue Forum; a fairer electoral system; provision for tri-lingualism in schools and government offices, that could lead to a more tolerant and inclusive Fiji? Abandon work on the renewal of land leases, the sugar industry, rural infrastructure,  the NLTB, fairer land rent returns to ordinary Fijians, a minimum wage, and the work on poverty reduction that could lead to a fairer, more equitable Fiji? Abandon work (that has proved exceedingly difficult due in part  to the denied absence of overseas forensic accountant experts) to expose corruption and clientism at the highest levels, but which most surely benefits sections of the business and chiefly elite?  Throw two and one-half years' work, opposed at every turn by Qarase and others who could have cooperated had they really believed in democracy,  into the old Lami rubbish tip?

Secondly, how are  the (new) Interim Government,  their opposition, the media and "moderate" NGOs, going to handle this new situation?   The answer to these questions, at the moment, seems to be:  "very badly." Commodore, it is essential the emergency regulations are implemented with restraint and removed as soon as practicable.  Akuila, I have respected you since the mid 1970's when you protested the expulsion of the Malekula squatters at Flagstaff. And Netani, who I have never met, you have blanked your Fiji Times pages in protest of censorship.  I respect your courage and intent but surely neither of you, Akuila and Netani,  support the return of a racist regime. That, ultimately, is the choice. Look at the bigger picture, beyond the clumsiness, provocations and abuses of power by the Interim regime. Continue your protest but with judgment. Keep the end in sight. Think. What, in this new situation, is best for Fiji?  This is not a moment for prevarication.  Now, you have to decide between the known racist and undemocratic stance of the Qarase regime, and the suspect but probable good intentions of Bainimarama.  Negotiate and be patient for space to comment objectively. For freedom of the press. A hard stance now could see all doors closed, and your important contribution to Fiji's future denied. This may soothe your justifiable pride, but it will not help Fiji. 

Thirdly, what is going to be the reaction of the "international community"?  Well, here at least there are no surprises. They are handling the new situation as they did before, within the narrow blinkers of  supposed "democracy" and "media freedom." They, who earlier rejected the findings of the Fiji High Court (because it did not support their position), now accept without question this decision of this first Court of Appeal, because it does (even though it yet may also be appealed). 

From my New Zealand, Foreign Affairs Minister Murray McCully, a total denial of realities. Honestly, Minister, what do you know about Fiji?  Who,  if anybody,  are you listening to?  In MFAT or in the NZAid  you would see ended?  To my friends, if I may call you that, Jim Tully on media and Rod Alley of the Beaglehole-Somerset-Alley conjoined clans, other than your illustrious ancestors' contributions to liberal causes, what is your special expertise on Fiji?   And to my friend Toke Talagi, Chairman of the Pacific Island  Forum, why has Australia and New Zealand spoken with no reference to you?  Do they chair the Forum?   What also of other Forum members?  Are their opinions of less importance than NZ and Australian commentators?

The role of the international community is important but not necessarily decisive. Fiji will resolve its own problems in its own way.  But the community is in a position to help or hinder, to see whether or not ordinary Fiji citizens, in the key sugar and tourist industries, and their downstream cousins, will suffer unduly.  Australia, New Zealand, the ECC and the Commonwealth can devastate the Fiji  economy, but still see no "return to democracy." And their  continuing inflexible opposition to Bainimarama will further buttress and encourage the Qarase opposition to do what we do not know --- and dare not imagine.

My Lords, Justices of Appeal, safely back in Sydney (whose judgment I will later address, because it seems, to this layman, to contain inconsistencies favouring Australian and Qarase positions), how now do you see what your detached, removed, judgment has achieved? Would you not agree that Fiji --ordinary, everyday Fiji, impoverished, bereft, isolated Fiji -- not you or Australia, face the consequencies of what you, in your lofty legal wisdom,  judged to be  not "chaotic"? And how does this situation, that you have helped create, differ from that the President sought to control early in 2007, using powers you claimed he did not have?


Wednesday 8 April 2009

(oB) To-morrow 9th April : Too Many Big Question Marks


Matters seem to be coming to a head  in Fiji, and tomorrow may tell us which way they are heading. 

First, former USP and current ANU academic, Dr Jon Fraenkel, has caste doubts about whether the Interim Government is genuine about holding elections, a view shared by others in and out of Fiji. Events tomorrow may provide an answer to this question.
Second, Bainimarama has put four conditions on the attendance of the SDL, UPP, NFP and the NVTP parties at tomorrow's meeting of political leaders. The Fiji Times says that two of the conditions include "reform of the communal system of voting and not dealing with 'partisan media'." The exclusion of these parties would make the meeting totally unrepresentative.
Third, National Federation Party's Pramod Rae has reminded the Interim Government it has only until May 1 to set the date for an election that must be held by the end of the year, or face "targetted measures" by the PI Forum.  
Fourth, January's PI Forum meeting in Port Moresby* recognized "long-term issues that need to be addressed in Fiji, including ...  independent and inclusive political dialogue; but that such dialogue must be primarily focused on the holding of elections. The dialogue process should not be the cause for further delay in holding elections." 
Fifth, the IG has made it repeatedly clear that it will proceed with the processes leading up to the President's Political Dialogue Forum (which include tomorrow's meeting) and will not be coerced to hold elections before the electoral system has been changed.

So, what do we have?  An IG that insists on political reforms (to abolish race-based electorates) before holding elections; an opposition that stands to lose by those reforms (although some timed compromise may be possible);  a meeting to set the stage for the discussion of these issues (to which the opposition may be excluded); and the PI Forum and several western governments insisting on agreement by all political stakeholders and early elections before reforms -- or else. 

The situation may be further aggravated (the timing could not be worse!) by the decision of the Fiji Court of Appeal on the legitimacy or otherwise of the President's action appointing the Interim Government. The Court's decision, which must anger one or the other party,  is expected tomorrow. If the IG is deemed illegal, and former PM Qarase carries out his promise to advise the President to formally dissolve (the old) Parliament and convene early elections, "all hell could break loose."  Neither party, whatever it may now say, is likely to accept a contrary decision without protest. And this is putting it mildly.

The situation seems headed towards a meeting of the proverbial immovable force with an irresistable object.   We can only (once again) hope, pray and cross our hearts and fingers, that wise heads will prevail and the collision is averted.   -- Crosbie Walsh.
_____________________________________

* Click on "Background Material" in the lefthand column to read the PI Forum Port Moresby communique, and the Biketawa Declaration to which it refers. In part,  the communique  "Called on the Interim Government to take the following actions to demonstrate its commitment to the restoration of parliamentary democracy in Fiji: (i) provide to Forum Leaders a new timetable agreed with all key political stakeholders, specifying in detail the agreed steps to elections and a return to democracy, and the timing for completing them, reflecting a consensus reached through a genuine, open, inclusive dialogue without threats, preconditions, ultimatums or predetermined outcomes; (ii) make a clear commitment that any reforms agreed through political dialogue will be implemented in accordance with the Constitution and laws of Fiji; (iii) undertake and sustain serious and credible election preparations, including allocation of necessary resources to the Office of the Supervisor of Elections, and the prompt preparation of the electoral roll; and (iv) make a renewed commitment that the military will withdraw from civilian politics following such an election, return to barracks, and submit to the authority of the elected civilian government in accordance with the Constitution." 

Tuesday 7 April 2009

(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.  

Sunday 5 April 2009

(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.



Thursday 2 April 2009

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.