By Crosbie Walsh
Resume. In Part I that was published last Saturday I argued that the Appeal Court ruling that overturned the High Court judgement (that the Bainimarama government was legal) was a critical turning point when Bainimarama was forced to accept that the only way to implement the principles of the People's Charter was by dictatorial rule, and to ensure their sustainability it was necessary to implement infrastructural and institutional reforms that would shift the people's allegiance from their separate ethnicities to allegiance to a Fiji shared fairly by all its citizens. The Roadmap was the result.
Have a bias toward action - let's see something happen now. You can break that big plan into small steps and take the first step right away. – Indira Gandhi.
Much of the Roadmap deals with economic issues — attracting and streamlining investment, tax reforms, the sugar, manufacturing and tourism industries, fiscal stringency and reducing the cost of government, agricultural, fishing, forestry and mining production and increasing exports and import substitution.
Growing the economy is the platform upon which Government's other reforms depend. So far, due to a variety of local and global factors, government and Fiji's economic performance falls far short of expected and needed growth levels, and the funding of the infrastructural measures that are an essential part of the Roadmap have relied heavily on local and overseas borrowing. The seriousness of Fiji's macro-economic situation is accepted without further comment here. I wish instead to comment on infrastructural and institutional reforms because of their social and political implications.
Infrastructural and Institutional Reform until 2012
Development projects are underway in all provinces, but it would seem that those where the extremist CAMV political support was strongest, Upper Naitasiri/Tailevu, Bua, Macuata, Cakaudrove and Taveuni, are receiving special attention. The military leadership of the country's four Divisions and most of its provinces may add to more efficient local government but they are also another way to neutralise the old influences.
Other Government policies are also likely to have won support among ordinary urban people. These include lifting taxable incomes from $9,000 to $15,000, the exclusion of basic foodstuff from VAT, concerted moves to improve access to low cost housing, the upgrading of urban squatter settlements, moves to introduce a minimum wage, and various other anti-poverty measures such as increased and wider benefit payments, and for those eligible, free or subsidized transport, free textbooks and school fees. Work to reduce corruption is ongoing. No major heist has been revealed but the exposure of those caught with their hands in the kitty, better auditing and better police work must be having made some impact.
Other measures include:
The Media Decree, much maligned by overseas media, contains a code of ethics and a mechanism for complaints. The old Media Council lacked the teeth to introduce these long overdue changes. For the present, media freedom is limited but I would expect the situation to slowly improve after 2012, and in the longer term the Media Decree will serve the country well.
The Legal Practitioners Decree is a welcome improvement. Mechanisms are now in place for criticism and complaints that were previously lacking. Many would also approve the prison reforms with their greater emphasis on education, rehabilitation and non-reoffending. Considerably more attention has also been given to women, domestic violence, child labour and sexual offences. The list could go on but I think this is sufficient to indicate government concerns about important social issues that are likely to win it support for its constitutional and electoral reforms.
A dictatorship Fiji definitely is, but it is quite unlike the dictatorships of Burma and North Korea that its detractors would have us believe, and is more akin to Singapore whose advice has already influenced its policies and may continue to be a model for the future.
Constitutional Reform 2012
We are now [2011] into the last year of economic development. Next year our whole focus
goes on governance. – Pio Tikoduadua, Permanent Secretary, PM's Office
What these reforms will be and how inclusive dialogue will be leading to their formulation is, of course, unknown but there have been some strong indicators. If we start from what Government might think is wrong with the old constitution, we should not be too far wrong.
First, the electoral system was enshrined in the constitution making even small amendments a major task. I think only the broad principles of the proposed new electoral system —non-ethnic voting, equal franchise and proportional representation—will be enshrined in the new constitution. Amendments to the electoral law will be made by Parliament or possibly by a popular referendum. I will discuss these issues more fully next week.
Secondly, the old constitution gave special powers to the Great Council of Chiefs and the Fiji Law Society. The GCC could veto the Prime minister's nomination for President and it could —and did— veto its nomination for Vice-President. The new GCC role is likely to be limited to providing advice to Government on matters concerning i'taukei culture and custom. The Fiji Law Society will have no special role.
Thirdly, the powers and method of appointment of the President will be revisited. Fiji may decide to move away from the Westminster system that limits the authority of the Head of State and move more towards other models. The least we can expect is an increase of his “emergency” powers. The presidency will be open to all races.
Fourthly, the above changes will necessitate changes in the authority of Parliament, the governing party and, more specifically, the Prime Minister. It seems unlikely these powers will be increased without new checks and balances. I would expect Government to seek the advice of the local legal fraternity and overseas constitutional lawyers on what they should be.
Fifthly, the new constitution will almost certainly spell out the role of the military in upholding the principles of the People's Charter. This is a contentious issue with some inherent dangers but it is most unlikely Bainimarama and the Military Council will order a “return to the barracks” unless they are empowered to protect the Constitution, which will embed the principles of the Charter.
A New Role for Senate?
The old constitution gave Fiji a bicameral parliament. Government has already indicated it may seek the abolition of Senate, probably because they associate it with the Great Council of Chiefs and the manipulations of the former adversarial parliament system. In my opinion, Senate should not be abolished until its possible complementary roles are fully examined.
Senate should, in my opinion, have no (or very limited) political powers but wide advisory functions with extensive ad hoc sub-committees. It could, for example, include professional experts and representatives of business, the trade unions, tertiary education institutions, and the different professions. Temporary, rotating or permanent places could be set aside for youth, women's organizations, the disabled, disadvantaged minorities, and small ethnic groups such as Rotumans, Kai Solomoni, Banabans and Tuvaluans. There could be a permanent sub-committee representing the major religious affiliations.
The possibilities are endless but an advisory body of civilians and civilian organizations would, I think, made for better government than a parliament consisting of only one chamber. Members of Senate and its sub-committees should receive a per diem but only to cover their actual travel, accommodation and incidental expenses.
Overseas governments have insisted on inclusive dialogue involving the 2006 political parties. I think dialogue will be representative and reasonably inclusive but it is unlikely to include leaders of the political parties, least of all Laisenia Qarase and Mahendra Chaudhry, unless in exchange overseas governments offer the Bainimarama government incentives it cannot afford to decline. Qarase is on record saying he opposes the People's Charter and saw no reason to change Fiji's communal electoral system for years come. Given that the Charter and electoral reform are at the centre of Government policies, all he could do would be to play fool's advocate.
The series will conclude next Saturday.
1 comment:
@ Advisory body of mainly civilians and civilian organisations......
We had one of these before. It was preposterously named a 'Think Tank'. It was highly political and it appeared to do no thinking at all. Even were 'civilians' to be in dominance, many might be related to the military so the ties would continue. Donors would inevitably insinuate themselves again into the fabric in one way or another. Then, what would have changed for the better?
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