(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.