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27 comments:
You are being a little selective Croz. The first part of the charter read.
"Affirm that our constitution represents the supreme law of our country, that it provides the framework for the conduct of government and the people"
On that basis many people including myself where OK with the charter. But what happened ? we it seems the militsary government only liked that part as long as it suited their needs. As soon as under that supreme law and framework their actions where found to be ilegal guess what happened ? They tossed out the supreme law and framework. Now they are the supreme law ! How cute, how nice and how convenient.
Also they have ignored large junks of the charter - good governence for example, transparency is enother.
@ ho hum ... Not at all. I plead innnocent. The summary confirmation statement also acknoweledges the 1997 Constitution. Have you seen Wadan's new piece in Coup4.5 on the critical role of the 1997 Constitution?
@ Croz
Yes and it has some very sensible recommendations (albeit with venom and righteous tones we are now used to). Hard to see Frank agreeing to most of it though....to date he has shown zero willingness to work with those he toppled. Likewise he refuses to admit he has done anything wrong or made any mistakes.
Indeed, the role of the 1997 Constitution is critical to any way forward for this country. Never should it be forgotten that years of hard work, negotiations and dialogue were invested in the 1997 Constitution. Those who have passed away since it became the supreme law of Fiji will and still do bear witness to this. They bear witness through their survivors.
We shall never permit an abrogation of our rights at law. ur rights continue regardless of the fallacious folly of those who have chosen to abolish them. The submissions to the Constitution Commission will reflect this. Our freedoms and our rights exist and remain. They shall emerge from the depths of darkness and enforced silence undiminished. May Almighty God have mercy on those who saw fit to remove them from us.
@Croz, After reading your response to "ho hum", I read narsey's writeup on c4.5, and what a waste of time that was. I gather that wadan does not understand the simple fact that Ghai&co. are here to give us a new cons. that will lead us to 2014 elec. It is not the commission's role to restore the 1997 cons. Even our neighbors Oz&NZ have said that it is a very positive step.
Croz
When you say 'we the people of Fiji' are you talking about those who have been unable to vote for 5 years and have no freedom of association and are controlled by an unelected regime of men with guns?
@ sister saras
More relevant and pertinent is the analysis by Professor Anne Twomey of the University of Sydney Law School. Where reference is made to decisions in a constitutional context which must never be seen or be permitted to interpretation which may effectively undermine the fundamental rights of any citizen. This is plain commonsense albeit to lay persons. The essential and fundamental human rights of the individual are guaranteed by United Nations Conventions to which Fiji is (and has long been) a signatory. There can be no valid argument with this and generations of Fijians into the future will bear witness as such.
@ UN Conventions of Rights
"fundamental rights of any citizen"
In other words, equal rights for all citizens. Ghai&co are here to provide just that by way of a cons that reflects as such. We have to have EQUAL rights before even thinking about human rights. 1997 cons is history and it aint coming back by any measure. Your gravy train is gone forever along with the 1997 cons.
@ sister saras
"We have to have EQUAL rights before they are Human rights": now is that so? You mean equal orang-utan rights? equal godzilla rights? Or penguin, dinosaur or maybe Neanderthal-not-quite-human- EQUAL rights? You seem to be putting the cart before the horse? Now how logical is that? And whose Gravy Train are you alluding to? Sounds like "flimsy nincompoop-speak"(Virginia Woolf 1925). Nothing to do with 'cons' (convicts? convictions? maybe constitutions?) at all. Do let's try to avoid being deliberately obtuse.
Just to reinforce what "does or does not follow from what, and which propositions are or are not compatible. To be illogical, therefore, is to be stupid, or to be incoherent, or to be insufficiently concerned about truth, or all three together."
Now, isn't that splendid?
(Professor Antony Flew : The Basic Equipment "Thinking about Thinking" page 21 1.35)
Graham Davies is a patriot who has played a critical role in providing some balance regrading the 2006 coup discourse, which was seriously misrepresented by the western international media with their simplistic, one-dimensional view about media freedom and democracy.
Graham is absolutely right in saying that both Qarase and Chaudhry were self-serving leaders who used their people for their own political and pecuniary benefits. So did Fiji's other leaders, unfortunately .
I was against the coups, especially when Qarase was coming around and being more inclusive and giving Labour Party its due in Cabinet, even if he did it after being threatened by the military. Both Indians and Fijians were very receptive to a unity govt.
But Chaudhry wanted too keep his cake and eat it also. He made a huge blunder sending his MP's to join govt while staying as opposition leader. He continued the farce by trying to discredit the unity govt of which his own party was part of. Typical self-serving, greedy, grabbing mahen behaviour. Then Mahen outdid himself by supporting the Bainimarama coup.
I regard mahen as the most destructive politician in Fiji's history. He should have looked at the long-term and he should have been consistent by opposing the Bainimarama coup, especially with a SDL-Labour unity govt in place.
Opposing the coup would have been good for Fiji's future, including race relations in the country. What a lost opportunity. A typically selfish Chaudhry thought of his own interest and supported the coup. Qarase, is no better than mahen. He helped mahen in this decision to support the coup by needlessly persecuting Indo-Fijians.
I wish the coup had not happend, but it happened and we have to be realistic and deal with it in a proper manner. In some ways Bainimarama's hand was forced.
But an revolution or an overthrow is not the proper manner to deal with the coup. This is what Graham had been saying and I fully support his view. We need
a smooth transition and a new beginning based on lessons learnt from the 2006 coup.
Qarase and Chaudhry have been the worst leaders in Fiji history. They actually make you miss the Rabuka years. In fact, Rabuka is far more genuine than these two clowns.
But, at this juncture, I believe Qarase and Chaudhry are the best we have to see us through the transition. reality is that these two will enjoy broad support if they do the right thing, just as when during unity govt period, when there was an air of optimism in Fiji.
Unfortunately, right now, all we have is mahen and lai. If these men use their talents for Fiji and Fijians of all ilk, then we have a chance. They do not deserve a second chance. But in this case we have to put Fiji first - the end justifies the means scenario, when we have consider these two tarnished leaders.
As an Indo-Fijian, I support Wilson's statements about Indos too having to change their attitudes, and the need get more indigenous people into business. This is a prerequisite to long term stability.
Indigenous Fijians should be first among equals for sure, but this does not have to equate to pushing Indo-Fijians out to sea, which is what Qarase and the likes of Mere Samisoni had been doing. People like Davies and Crosbie Walsh spoke out against such injustices, and were unfairly castigated.
If lai and mahen have seen the light, they can reunite the nation. That's the bottom line now. that's what should really matter.
To Mahen-Lai dalliance;
So you're saying that inspite their divisive politics Mahen and Qarase may be the best chance Fiji has for national unity the country moving forward? Doesn't this logic sound a little warped? Mahen and Qarase have furthered their political careers on lies and deceptions. Unfortunately the vast majority of voters fell for their bull even when the track record of these two self-serving characters made it amply clear that they should not be supported. It appears to me that you're just another person who is aware of the evidence before you but you are going to put your faith in them anyway.
Mahen and Qarase recent declaration to come together is only for political expediency, not to unite the people. Qarase just blows with the prevailing wind and Mahen, as always,will sell himself for power. Be wary.
new addition to the magistracy? Would love to hear the arguement for a 24 year old srilankan magistrate. What a joke.
To Anonymous:
So what's the joke? Let's hear your argument.
Never heard of 24 years old magistrates?; or SriLankan magistrates? Never?
Ever heard of age and ethnic discrimination. Never?
Highlighting this commitment to good governance and transparency only reminds us all of how badly we have been let down by this dictatorial regime.
In almost every point we can see areas in which Bainimarama and Khaiyum have failed to deliver on commitments and promises.
I don’t need reminding of their failings but it is good of you to remind the all the coup apologists out there that Bainimarama cannot even live by the his very own People’s Charter.
@ you are naughty
You are being a bit cheeky. obviously Frank and his team are above the law so why would they hold themselves to a silly charter. Those rules are just for the everyone else and the international community. Frank + team continue to do what ever they like. And why not ? it's there turn in power and they have waited a long time for it.
@ I Like
this is an issue of scraping the bottom of the barrel not unlike finding an unremarkable and very ordinary illegal AG from obscurity who would otherwise never get the role in any other system. But in Fiji, hell yes. On what basis can 24 year old reflect on his 'months' of legal experience to apply the law in a language not his first language, in a culture he doesn't have clue about, and to top it off - employed by a military regime ??
@ I Like
this is an issue of scraping the bottom of the barrel not unlike finding an unremarkable and very ordinary illegal AG from obscurity who would otherwise never get the role in any other system. But in Fiji, hell yes. On what basis can 24 year old reflect on his 'months' of legal experience to apply the law in a language not his first language, in a culture he doesn't have clue about, and to top it off - employed by a military regime ??
@ Anonymous:
Fiji has been scraping the bottom of the barrel since 1987 when scapegoating racism drove professionals out to sea. Magistrates aside, didn't Rabuka and Qarase,both governing the country then, courtesy of the military, flood Fiji's hospitals with untried, untested pseudo-professional doctors from China because others were considered politically dispensible? These new folks knew nothing and cared zilch about Fijian culture, their mastery of the English language confined to the "Hellos" and "Goodbyes", and if they shot the needle in the wrong place, so what, that's the best they knew how to. So let it be with the Sri-Lankans, except, that these people are professionals, certified under the British legal system, which requires much more than a through knowledge and use of the English language. It doesn't matter therefore, if English is their second language but since second language appears to pose a problem for you, then I'll argue that all non-first language legal professionals in Fiji be sent packing. This will include all Fijian lawyers and Indian lawyers. Then we'll really be scraping the bottom of the barrel.
As for the AG, I think you have to judge him based on his performance. I think if you removed your blinkers you'll find he's quite good at his job. Credits to Bainimarama for recognizing his talents. Finally, you mustn't assume that because a person is 24 he cannot have enough experience. What's enough anyway?
@ Scaping the Bottom of a barrel
How appropriate! The bottom of a barrel of oil. Soon to be costing us in the range of US$175 - 200. We should be spending our energy (sic) on thinking about how this will be managed. Not much else really matters. 30% added inflation by end 2012? That will flow thru the economy like the January/February and April floods.
Add another imposed wage hike to that: in itself inflationary and job destroying. Look back to 1973 but this time around it is likely to be much worse. All the signs are already here. And we are focused on semantics.
Wants talents, this person was an unkwon and regarded by the professiona s quite unremarkable unitl he was chosen because no others wanted a bar of this military regime. Hardly handpicked. His performance as internim AG we will actually never know as he is unaccountable to anyone except the military council.I don't think having a history of breathtaking arrogance and his knack for extra judicial manouverings (appointments and dismissals) is exactly what fiji needs or respects. The fact is you have srilankans because no respected legal figures in fiji wanted to be tainted by any connection to this regime.
Isn't it funny that all the 'untainted' lawyers who refuse to take judicial positions have no problem getting practicing certificates from the 'tainted' Chief Registrar, and appearing in the 'tainted' courts for their income. Could it be that they overcome their scruples for an income? So exactly how are they untainted? How different are they from the magistrates who sit after accepting judicial posts?
I have noticed in Crosbie's free and fairer fiji there has been no reporting of Charles Taylors 50 year jail term , but they did report the death of a Bee Gee. How brave and courageous the media have become, with the roaring approval of Crosbie and his regime cronies.I can onlky imagine in his eyes Fijian are just not ready for that kind of biased reporting that actually deals with actual events elsewhere in the workd that the regime might find a little uncomfortable and we all know how Crosbie is so ever polte and courteous to the military regime.
@Anon i am not sure what you think the choice is here. Who needs who in this arrangement. I am sure if they all failed to register, the regime would simply 'decree' some new lawyers fresh from high school that would be suitably compliant.
@ Anon. So? The issue is individual principle, not whether the regime survives! By continuing to appear they are as tainted as the magistrates they complain about.What hypocrisy.
Who can argue with "To oppose without fear those who sow seeds of racism, intolerance, divisiveness, hatred, vengeance and vindictiveness in our country"?
But who is intolerant, divisive, vindictive and addicted to vengeance? Surely you couldn't say that Bainimarama's pursuit of anyone who was appointed under the previous regime was not vindictive or motivated by vengeance? Or his war on all Methodists, not just the few from the past who were associated with the discredited sabbath laws?
@Anon
presumably you went on strike during the Qarase years or emigrated overseas as you appear so unhappy with their government. Whats the bet your 'principles' extended to doing nothing at all.
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