BLOG AIMS, ITS PUBLISHER AND USE
■ Cogito, ergo sum. I think, therefore I am. (René Descartes, mathematician and philosopher,1599-1650)
Tuesday 26 February 2013
News and Comments Tuesday 26 February 2103
POLL ON REGISTRATIONS. The online media site Fiji Live's poll "Should the government extend the time for the political parties to register?" resulted in Yes 40% No 60%. It is pleasing that FL is again publishing polls on a political topic.
CONSTITUENT ASSEMBLY SOME: Qs and As. Permanent Secretary to the PM's Office, Colonel Pio Tikoduadua says the announcement of members of the Constituent Assembly is probably being held up until the political party registration issue is resolved. He expects the number of members to be about 40. The Assembly will review the draft constitution which is being re-drafted by Lawyers at the Solicitor General’s Office, and also study the Ghai draft complied by the Constitution Commission led by Professor Yash Ghai.
UNIONS WANT IN. Trades Union Council (FTUC) is hoping to be part of the Constituent Assembly. Speaking to FijiLive FTUC general secretary Felix Anthony said they have noted that civil societies will be invited to be part of the assembly and they hope to be also one of those that will be invited. Anthony also told FijiLive their preparations to start a new political party are progressing well and they are hoping to lodge their application soon. The Decree on the Constituent Assembly requires it to be diverse, and where possible, be composed of members who represent registered political parties, faith based-organisations, trade unions, employers, the business community, Government, farmers and members of rural communities, the RFMF, national organisations, women, youth, people with disability, pensioners, other Fijian-registered civil society groups, and individuals, amongst others.The Assembly members, to be announced next month, will review and approve the draft constitution.
MORE AUSTRALIA AID FOR HEALTH AND EDUCATION. AusAID is expanding its development assistance in areas such as health and education in Fiji, and about $100 million has been allocated this financial year. AusAID is working with Government to find out the areas of need in the communities. AusAID will also work to increase the economic opportunities for people in disadvantaged communities, helping farmers find buyers for their produce, and helping women who have products to sell gain access to markets.
POLITICAL PARTIES DECREE VIOLATES INTERNATIONAL CONVENTIONS. A study by international lawyers has found the decree to be extreme compared to electoral provisions applied in democracies and in parts unprecedented in global practice. The International Senior Lawyers Project says banning civil society leaders, such as trade unionists, from party membership manifestly breaches Fiji's obligations under the ILO Convention. The New York-based group says in-depth research has failed to identify a single country that has such rules. It says the decree's provision allowing anybody access to a party's records is in breach of the right to privacy under the UN Human Rights regime. It describes Fiji as an outlier by international comparison in for example how it criminalises political finance offences. The report says the way parties are being made to wind up violates the international right to property. It concludes that should democratic rule be restored in Fiji, affected parties might claim compensation, restitution and damages. --- Radio New Zealand International
MUSLIM PHOBIA: COUP4.5 EVEN WORSE THAN MICHAEL FIELD. This comment by Deepak Chaudan on Facebook's Fiji Economic Forum:
Even Michael Field, for all his distaste of the Bainimarama government, has not stooped to such accusations. Field, a frequent visitor to India, says all Fiji's Muslims are liberal Muslims with no links to Sunni extremists. Yet the Coup4.5 editors, who seem quite untutored on Islam, have persisted, for the past two years, to claim Muslim influence in Fiji politics. They have claimed the 2006 Coup was Muslim-led; they have portrayed Bainimarama as a Khaiyum puppet, and repeatedly called attention to supposed Fiji Muslim links to Al Qaeda. This story, for which they have produced no evidence, is what they are trying to sell to U.S. Intelligence, and drill into to a gullible itaukei public.
Readers who choose the check out their latest story will find mention of supposedly mysterious comings and goings of people and money, a trip to Cuba, Fiji's membership of the Non-Aligned Movement, a UAE embassy in Suva, Fijian soldiers who speak Arabic, and more, much more, in a rambling overkill that will leave U.S.A. Immigration no less confused that the blog's more intelligent readers. But the main message is clear: Fiji's Muslims could be aiding terrorism.
Putting aside their other claims (I will not ask them to name names or amounts of money), I must ask them one question that can easily be proven or not proven: Where did they get their story about Aslam Khan? I know for a fact that he has not even been to the U.S. recently, and the last time he was there he denies he was frisked or detained. Someone made this up.
Coup4.5 continues to use deceitful tactics by creating, spinning and embellishing tidbits of information, pandering to the prejudices of the less educated and the more bigoted, warning i'taukei not to trust their Muslim and Indo-Fijian fellow citizens.
This supposedly Christian blog has thrown the 9th Commandment — Thou shalt not bear false witness against thy neighbour — out of the window.
Saturday 23 February 2013
Lockington's Everyday Fiji ... Life Goes On
Politics
Old politicians have emerged to contest the next general elections. I wonder if they have groomed their younger members because we will still need politicians in government and as opposition.
They need to pass on their experience and not take it to the grave. Never mind what we say about how they may have performed or conducted themselves in the past, let's look at the positives. And of course some of them have been utter clowns bordering on being completes idiots. Most of these people have long gone, we can do without them, it’s the hardened politician who comes back again and again. We look to their better parts and learn not to be like their bad parts.
There has been talk of the younger generation to take up politics, not many will be willing because of our political situation. Anyway I wonder if a person who has never been in politics but has been politically vocal in the media will take up the challenge to join our political elites. It's time for them to now walk the talk.
Allen Lockington is a self-employed customs agent and business consultant who has regular articles published in Fiji. I thank Allen for permission to reprint some of them in this political blog. They remind us that life goes on, whatever the political situation. And it's good to know that.
Friday 22 February 2013
News and Comments Friday 23 February 2013
WEEKEND READING. I've posted two major articles in the past few days on the old political parties, the military and the draft constitution. If you have not already read and commented on them, please read them. They took far longer to write than it will take you to read them.
Coming Up. I intend to publish a full article on the dilemma of the media in the next few days, and the final article on the Political Parties and the Military once the new draft constitution is available.
PARTY REGISTRATIONS. Government's amendment to the Political Parties Decree within days of promulgation, and its further clarifications about the SDL acronym and its warning to the press not to refer to un-registered political parties as political parties, leaves some people thinking the goalposts are constantly moving, which does not help confidence.
Comment. Knee-jerk reactions to events rarely reflect sound tactics. Government needs to re-examine the political scene to see who it can work with in the old and yet to be registered political parties. The NFP perhaps, the Fiji Workers Party, or the less extreme and less abrasive people in the old SDL and FLP? It cannot go it alone.
FIJI TRUTH MOVEMENT ON TWITTER. This tweet from Twittter, "@crosbiew is wrong its Fijians being robbed of their identity. Who cares about power if its corrupt. Fijians want their voices & their Chiefs."
Comment. Now, what should true democrats make of that?
McCULLY SAYS ITS WORRYING under a heading in the international news that reads "Opposition parties banned from campaigning in Fiji". The article by Brian Soper goes on to say only one of Fiji's 17 political parties re-registered. True, but what he does not say is that most of these parties won under one percent of the vote in the last election, and that of the two big parties, Qarase's SDL wants the Great Council of Chiefs to have powers that would control Parliament and Fiji to be declared a Christian State, and both parties, the SDL and Chaudhry's FLP, want to retain race-based electorates.Not the sort of thing I would expect the NZ Minister to support.
NZ Foreign Minister Murray McCully says the crackdown is worrying. "I think most people would regard that (the ability of opposition parties to canvass) as a key element of a free and fair election. Obviously the political party decree passed recently has caused a good deal of concern, not just for Fiji but also amongst those who are watching developments there. Certainly, we've moved past the point of debating whether there is likely to be an election in 2014, that's good news. Whether it's going to be free and fair is still very much in the balance, and that's something we're watching carefully."
Comment. I suggest Soper and McCully read the submissions of these parties to the Constitution Commission, or my summary of their positions, and re-think what is really at stake in Fiji. The Bainimarama Government will not retract their non-negotiable principles, nor should they. To do so would be to unwrite history and Fiji would be back to the old racially divided country it was. Going forward, as McCully says, may be bumpy and Fiji will not immediately become the full liberal democracy he wants, but it will be forward and, if the military keeps to its promise to stay out of politics if the new Constitution to be decided by the Constituent Assembly is upheld, it will be more democratic than it was.
BAINIMARAMA OVERPAID. The Public Accounts Committee reports the Army Commander, Commodore Voreqe Bainimarama has completely paid off the overpayment of his leave compensation. After analyzing the Auditor General’s Special Investigation Report of 2009, the committee said seven other senior officers have either paid off the leave compensation overpayment or have made arrangements through fortnightly salary deductions. Four officers who had underpaid leave have been
compensated accordingly. The Public Accounts Committee said the problem originated in 1988 when a the major change in entitlement occurred. Those previously enjoying 10 days leave got 24 and 29 working days.
FURTHER PROTECTION FOR NATIVE LAND. Government has further strengthened the protection of iTaukei land by closing a loophole that allowed some of it to be converted into freehold land, to the benefit of some at the expense of the iTaukei landowners. Under the new Decree any iTaukei land which is exchanged for portions of State land can no longer be exchanged for private freehold land. The Attorney-General Aiyaz Sayed-Khaiyum said that despite having provisions in previous Constitutions that entrenched iTaukei land laws, this practice was still allowed to happen. “This demonstrates that having entrenched provisions did not safeguard iTaukei land ownership,” the Attorney-General said. “The law must always be practical and effective in ensuring the protection rights – including property rights.” The Government’s policy is absolute. No native land can be permanently alienated from its owners.
ROADS ON TRACK The Fiji Roads Authority has commended road maintenance works that have taken place around the country since January despite the teething problems faced. Various contractors working in each division have undertaken repair works on hundreds of kilometers of road in urban areas and on main rural highways. In addition some 1,500 tons of asphalt has been used to fill in excess of 20,000 potholes, enough to fill a large swimming pool. Close to 1,500km of road have been graded, while drainage works are progressing and in some cases roads that have been closed for years have finally been reopened. FRA chief says, “It will take time, but we are working hard to make sure the priorities are right in everything we are doing”.
GETTING OUR HOUSE IN ORDER. An article in Grubsheet by Graham Davis that was commended by Fiji Today, the only reasonable anti-Bainimarama blog.
HELP THE FIJIAN LANGUAGE. Dr Apolonia Tamata from iTaukei Trust Fund says, while Government is trying its best to promote the language, its people are losing track because of lack of resources. There is not enough learning materials in Fiji for the iTaukei people to promote their mother language She said iTaukei institutions should come together and try put something for their future generation .The iTaukei Ministry has urged more indigenous people to write books in their mother language.
Comment. This is the sort of initiative one might have expected from the GCC over the years, not just for Bauan, the "official" iTaukei language, but for the other dialects that are even more threatened. They wrote about the preservation of the language in their Constitution Commission Assembly but it's hard to see what they have actually done about it.
FLP SUBMISSION. I can't find the FLP submission to the Constitution Commission on their website www.flp.org.fj. The FLP manifesto is prominently shown but the submission is hidden or absent. I wonder why.
THE CASE OF RATU TEVITA MARA is still before the courts because he fails to turn up.. The Suva Magistrates court again adjourned the case, this time until the 29th of May. Uluilakeba Mara is charged on a count of uttering seditious comments.
CCF WANTS ELECTION TRANSPARENCY. The Citizens' Constitution Forum , a non-government organization that educates and advocates for good governance, human rights and multiculturalism in Fiji that is not aligned with any political party, wants government to appoint an Independent Supervisor of Elections outside the control of the Attorney General's Office that it claims "has a tight leash on the Elections Office and current and prospective political parties through their continuous interventionist decrees." CEO Rev Akuila Yabaki warns people will lose faith in the constitution process if this is not done.
Comment. Forget the old political parties that failed to register. Concentrate on the new ones. A fair democracy will never be achieved under the SDL or FLP.
STUDENT LOANS. A loan package totalling $2million is now available to students from low-income families who are accepted into universities but are not able to pay their fees. The PM says that no Fijian student accepted into university should be denied an opportunity to attend because they cannot afford it.
Thursday 21 February 2013
The Fiji Times and the Independence of the Judiciary
The conviction of the Fiji Times, reported below, could not have come at a worse time for Government. Coupled with the non-registration of the old political parties, it will be used by anti-government people as further "proof" of government oppression and interference in the judiciary.
I was not in the court and do not know the arguments presented but I have little doubt that the convicting judge formed an independent judgement. And before the anti-bloggers claim otherwise, they should recall Coup4.5's posting last year that said Justice Calanchini was about to be dismissed because he would not do Government's bidding. He is still there. And they should also remember that earlier, in October 2010, Justice Calanchini rejected an appeal by the Military against conviction for the brutal beating of villager Navualeba immediately following the Speight 2000 Coup. The judge fined the Military $48,000 and $3,000 in costs.
Now read on
High Court judge Justice William Calanchini has rejected an appeal by the Fiji Times against a conviction of contempt of court, and fined the newspaper $300,000, it former publisher Brian O'Flaherty $10,000 and its editor-in-chief Fred Wesley to six months imprisonment suspended for two years. The A-G's office had asked for a$500,000 fine. The judge also ordered The Fiji Times and Wesley to arrange for an apology directed to the judiciary of Fiji to be first drafted and submitted to the court for approval prior to being published in The Fiji Times within the next 28 days.
The convictions were entered for the republication in the sports pages of The Fiji Times on 7 November 2011 of an article originally published in the Sunday Star-Times, a weekly New Zealand newspaper. The article contained a statement from Tai Nicholas, the general secretary of the Oceania Football Confederation, about the judiciary in Fiji. Justice Calanchini had earlier found that this article scandalised the Fiji courts.
Justice Calanchini said an "aggravating factor" of the contempt was the publication by The Fiji Times of another story in June last year which conveyed "the impression that the judiciary was not independent from the government".
Editor-in Chief Fred Wesley and former publisher Brian O'Flaherty were not at work on the day the article was publication. Both pleaded not guilty. A fortnight ago, Justice Calanchini convicted Nicholas, who had pleaded guilty, and fined him $15,000 for making the original statement about the Fiji judiciary. -- Much of the above is based on Fiji Times article.
My view
As previously stated in this blog, everyone is entitled to criticize a court decision —I, for example, consider the $300,000 sentence unnecessarily excessive. This is a locally owned paper lacking the resources of Fairfax and the overseas-owned media. But no one is entitled to question the independence of the judiciary, and although I do not believe Fred Wesley approved the publication (my view, having met the man, is that he would have spike the article) he was ultimately responsible.
I hope to have a fuller article on the issue, and the difficulties facing the media, in a few days time. Watch this space.
I was not in the court and do not know the arguments presented but I have little doubt that the convicting judge formed an independent judgement. And before the anti-bloggers claim otherwise, they should recall Coup4.5's posting last year that said Justice Calanchini was about to be dismissed because he would not do Government's bidding. He is still there. And they should also remember that earlier, in October 2010, Justice Calanchini rejected an appeal by the Military against conviction for the brutal beating of villager Navualeba immediately following the Speight 2000 Coup. The judge fined the Military $48,000 and $3,000 in costs.
Now read on
High Court judge Justice William Calanchini has rejected an appeal by the Fiji Times against a conviction of contempt of court, and fined the newspaper $300,000, it former publisher Brian O'Flaherty $10,000 and its editor-in-chief Fred Wesley to six months imprisonment suspended for two years. The A-G's office had asked for a$500,000 fine. The judge also ordered The Fiji Times and Wesley to arrange for an apology directed to the judiciary of Fiji to be first drafted and submitted to the court for approval prior to being published in The Fiji Times within the next 28 days.
The convictions were entered for the republication in the sports pages of The Fiji Times on 7 November 2011 of an article originally published in the Sunday Star-Times, a weekly New Zealand newspaper. The article contained a statement from Tai Nicholas, the general secretary of the Oceania Football Confederation, about the judiciary in Fiji. Justice Calanchini had earlier found that this article scandalised the Fiji courts.
Justice Calanchini said an "aggravating factor" of the contempt was the publication by The Fiji Times of another story in June last year which conveyed "the impression that the judiciary was not independent from the government".
Editor-in Chief Fred Wesley and former publisher Brian O'Flaherty were not at work on the day the article was publication. Both pleaded not guilty. A fortnight ago, Justice Calanchini convicted Nicholas, who had pleaded guilty, and fined him $15,000 for making the original statement about the Fiji judiciary. -- Much of the above is based on Fiji Times article.
My view
As previously stated in this blog, everyone is entitled to criticize a court decision —I, for example, consider the $300,000 sentence unnecessarily excessive. This is a locally owned paper lacking the resources of Fairfax and the overseas-owned media. But no one is entitled to question the independence of the judiciary, and although I do not believe Fred Wesley approved the publication (my view, having met the man, is that he would have spike the article) he was ultimately responsible.
I hope to have a fuller article on the issue, and the difficulties facing the media, in a few days time. Watch this space.
Wednesday 20 February 2013
The Political Parties, the Military and the Draft Constitution
By Crosbie Walsh
Part
II. The Submissions Compared
A
few weeks ago two of the parties whose Constitution Commission
submissions were summarised in part I, the SDL and FLP, together with
the UPP (the NFP was not invited) were talking about forming a united
front in the lead up to the 2014 Elections, and a little later, when
the Yash Ghai draft constitution was leaked, they all rushed to support it .
This
display of accord and agreement raises two obvious questions. First,
how could they form a united front when their submissions, as we
shall see, were so very different, and secondly, how could they
support the Ghai draft when, for example, it ruled out the SDL's call
for Fiji to be declared a Christian state and a more deeply
entrenched political empowerment of the Great Council of Chiefs, and
the SDL and FLP recommendation that race-based electorates be retained.
In
this article we shall compare the submissions of the political
parties with each other, and their general positions with that of
the RFMF which is likely to be close to that of the Bainimarama
government.
Major
elements
The
emphases of the political parties, indicated in the the forewords and
conclusions of the three submissions are critical. All three
criticise the Bainimarama government and see neither sincerity nor
merit in any of its actions, All three want the 1997 Constitution
retained, but —and it is a big but— with some very important
changes.
The
SDL wants the Constitution to "strengthening the indigenous
position" by declaring Fiji a Christian state, and by
retaining the separate ethnic Fijian administration, a GCC (with
vastly extended powers), affirmative action based on race, the
recognition of customary laws, the Fijian language to be the lingua
franca taught compulsorily in schools, Fijian as a requirement
for entry into the public service, and for only iTaukei to be called
Fijians. It claims that only then will ethnic Fijians no longer feel
threatened, insecure and disadvantaged.
I
have no doubt these feelings exist. It could not be otherwise because
they have long been actively promoted by most ethnic Fijian leaders,
and used by their political parties to maintain power. But, in
truth, it is difficult to see how a majority people who own over 90%
of the land, with major communal business investments, who fill well
over half the seats in parliament, occupy most senior senior civil
service positions, and who dominate the police and the army, can be
seen as either threatened or disadvantaged. There are threats, of
course, but these come the forces of change (globalisation,
urbanisation, better education, etc.) not from their fellow citizens
of other cultures. And many ethnic Fijians are also disadvantaged but so, too, are many people of other races.
None
of the other political parties want any of these things. They all
want a secular state. They recognize the "first nation"
status of ethnic Fijians, and they are happy (if that is the right
word) about a separate provincial administration and the GCC, but only
if it is apolitical. They recognize the need for affirmative action
but only if it is based on need, not race. They make no claim to
ethnic Fijian land but they want more and more secure leases, and
they want appointments and promotion in the civil service to be based
on merit, not race, and for the civil service, the police and the
army to be more ethnically balanced. The NFP wants all three major
languages, and not just Fijian, taught in schools, and to be
compulsory from Class 1 -8 (from about 6 to 12 years old.) The FLP
made no mention of language or culture.
- The RFMF submission, and the policies of the Bainimarama government. most especially in the People's Charter and non-negotiable principles recommendations, run counter to most of the general issues recommendations made by the SDL: Fiji should remain a secular state; the indigenous position is already well protected and does not require strengthening; there should be no race-based electorates; the GCC should remain abolished; all citizens should be treated equally; affirmative action should be based on need; conversational Fijian and Hindi will be taught in schools, and as part of efforts to build united nation all citizens will be called Fijians.
Land
Land
has always been the key issue in inter-racial politics in Fiji. The
FLP wants ALTA (the landowner and tenants act) retained with an
increase in the length of leases. The NFP goes a step further. It wants
Schedule A and B land belonging to extinct mataqali to be returned
to the state for leasing (the SDL wants this lease money used to help
fund the GCC), and government to obtain a "master lease"
over all land available for leasing and so act as a buffer between
landlords and tenants. The SDL is more concerned with ownership than
use. Hence its opposition to the Bainimarama Government's land bank
and the Surfing decree that overrode owners' qoliqoli rights by
allowing surfers and others access to the foreshore and sea. It
wants ALTA abolished and all native land to be administered by the
Native Land Trust Board.
- The RFMF submission makes no mention of land but the government's position is to increase production while protecting the positions of landowners and tenants. Its opposition to Qarase's qoliqoli and land bills were two of the reasons it gave for mounting the 2006 Coup. Their position therefore is closer to those of other political parties.
Dual
citizenship
Dual
citizenship would favour Indo-Fijians more than ethnic Fijians
because of their greater number overseas, and the greater likelihood
of them investing in Fiji. The FLP was not opposed to dual
citizenship but it wants this issue left to the incoming government.
The SDL opposes dual citizenship.
- The RFMF makes no reference to dual citizenship but this provision has been introduced by the Bainimarama government.
Parliament
(House of Representatives)
All
three parties accept the principles of one man one vote and
proportional representation and all wanted 71 parliamentary seats, but
agreement stopped there. The SDL and FLP want to retain ethnic
voting. The SDL wanted 25 single-member ethnic seats (ethnic Fijians
14, Indo-Fijians 9, Others 2), 25 seats based on open electorates,
and 25 seats chosen from closed party lists. The SDL wanted the
position of Attorney-General abolished and the Solicitor-General to
assume this role. The FLP wanted 26 "reserve" seats
(ethnic Fijians 12, Indo-Fijians 10, Rotumans 1, General Voters 3)
and 15 3-member open seats based on one man one vote, and the
retention of the Alternative Vote and preferential voting. The NFP
made no mention of ethnicity and wanted large multi-member
electorates and closed party lists, with.the ranking of list candidates reflecting Fiji's ethnic and gender composition. The basic similarity of the SDL
and FLP submissions is that both wanted assured ethnic representation
and hence the opportunity to appeal to voters on ethnic lines. For
the FLP this would mean it would be better able to contest against
other predominantly Indo-Fijian parties in the Western and Northern
divisions.
- The RFMF wants a smaller, better paid and more qualified parliament of only 46 MPs, elected on the basis of one man one vote from only four electorates based on the country's four administrative divisions. It proposes a closed party list system to elect 10% of MPs. It would require all MPs to disclose their personal assets and conform to a Code of Conduct.
Cabinet
The
NFP wish to see the retention of the "power sharing"
which would see parties with
10% or more of parliamentary seats having a place in Cabinet. It says
the system did not work well previously because of Qarase and
Chaudhry. The SDL and FLP want a Cabinet where the "winner takes
all" and no power sharing.
- The RFMF makes no mention of power sharing but it proposes a smaller Cabinet with a maximum of 12 members to share 24 portfolios and the appointment of the Attorney General, the Minister of Finance and the Speaker from outside parliament. This is similar to current practice.
The
President and Vice-President
The SDL
proposed that the President be elected by both Houses of Parliament
from nominations by the GCC, and the Indo-Fijian and Other
communities. This would probably mean the appointment of an ethnic
Fijian whose outlook reflected that of the GCC. Given the authority
of the President in the appointment of many officers of state and his
or her role in the transitional arrangements, this would in effect
give the GCC powers above Parliament. The FLP and the NFP preferred
appointment by an Electoral College appointed by both Houses of
Parliament. The SDL wanted the GCC, and not only Parliament, to be able to dismiss the
President. All were agreed the President would have no special
reserve powers.
- The RFMF proposes the President be appointed by secret vote in the House of Representatives from PM and Leader of the Opposition nominees. The President would appoint all senior officials, and call internal and external national emergencies, on the recommendation of the PM. The position of Vice-President would be abolished.
Senate
The
SDL wanted no change: 32 members with 14 nominated by the GCC, 9 by
the PM and 8 by the Leader of the Opposition. The GCC would
continue to dominate Senate. The FLP wanted 35 members, 30 nominated
by the PM and Leader of the Opposition, and 5 by Rotumans and other
minority groups. The NFP wanted 25 members appointed by the PM and Leader
of the Opposition. The significant difference is again in the SDL
submission that places the GCC highly in the political process.
- The RFMF sees Senate as costly and unnecessary and wishes it abolished.
Military
All
three parties wanted the military to be downsized and to have no
political role or authority to act in internal or external
emergencies except on the instruction of Parliament. All wanted
military personnel in Government to resign once the new constitution
was approved.
- The RFMF sees itself as the ultimate guardian of the Bainimama Government's "vision" and states it will continue to monitor the political situation, but from outside Parliament.
Immunity
The
SDL and FLP totally opposed the granting of immunity and the NFP only
after the military.admitted to
"wrong doing, apologized, showed remorse and acknowledged the
need for reparations." Should the Constituent Assembly agree to
immunity, the NPF wanted the incoming government to set up strict
provisions against future "treasonous acts."
- The RFMF insist on immunity except where there have been violations of domestic or criminal law. It points to three court judgements (the deaths of Sakiusa Rabaka and Nimilote Verebasaga and the kidnapping of Dr Anirudh Singh) where military personnel were found guilty and imprisoned or, in the case of Singh, required to pay damages.
Non
Government Organizations.
The political parties did not mention NGOs but they supported the Yash
Ghai draft constitution where NGOs play an important role in
transition arrangements and in the monitoring of Parliament after
2014
- The RFMF sees no special role for NGOs, several of which have been anti-Bainimarama government and perhaps influenced by funding from foreign governments. It wishes all NGOs to submit annual audited accounts to Government.
Transition
Arrangements
All
three political parties wanted the President to appoint a Caretaker
Government in April this year or as soon as the new constitution was
promulgated, and the President to appoint new members of the main
commissions dealing with the law, the public service and the election
process.
- The RFMF made no direct mention of transition arrangement, presumably accepting that all arrangements will be made by the Bainimarama Government, with military appointees in Government resigning and Cabinet resigning closer to the Elections when Commissions not already in place would be appointed.
Summary
It
is difficult to see any sustainable unity between the political
parties or their "shadow" parties that may emerge if they
are not registered or if the SDL acronym is not acceptable. The SDL
is unashamedly a party representing the old ethnic Fijian elite
intent on using the old appeals to a supposedly "threatened,
insecure and disadvantaged" ethnic Fijian race; the FLP is
fighting to retain a presence in Parliament with the aid of its
Indo-Fijian "reserve seats", and the more moderate NFP has
major reservations with the policies of these two parties.
The
rushed and unexpected acceptance, without comment or amendment, by
the political parties of the Yash Ghai draft constitution can be
seen, at best, as the more likely way to get some of their
submissions accepted by the Constituent Assembly or, more likely, as
a political ploy to focus opposition against the Bainimarama
Government.
It
is difficult also to see either the RFMF or the Bainimarama
retracting from their non-negotiable principles or the non-racist
principles of the People's Charter.
The
final article in this series will be deferred until Government
releases its draft Constitution to the Constituent Assembly. The
article will compare the Government and Yash Ghai drafts.
Monday 18 February 2013
The Political Parties, the Military and the Draft Constitution
By Crosbie Walsh
This three part article looks at the
submissions made to the Constitution Commission by the significant*
"old" political parties (the SDL, FLP and NFP) and the
Military, and at what has become known as Yash Ghai's draft
constitution. Part I will consider the submissions separately; Part
II will compare the submissions, and Part III will compare how each
party stood in relation to the draft constitution, and how the Yash
Ghai's draft might compare with the likely Government draft that will
be presented to the President and the Constituent Assembly. Links to the submissions are to be found at the end of the first article. * The General Voters' United People's Party headed by Mick Beddoes is considered no longer "significant."
Part I.
The Submissions
The SDL (Soqosoqo
Duavata ni Lewenivanua) Submission
The SDL wants a
harmonious and united Fiji with the rights of all ethnic communities
respected. It claims this can only be achieved if ethnic Fijians no
longer feel insecure and powerless, and claims these feelings have
been exacerbated by the Bainimarama government that has created land
banks, abolished the Great Council of Chiefs, hijacked the name
"Fijian", installed its own representatives on the Native
Land Trust Board, passed the Surfing Decree that attacks qoliqoli
rights, and now proposes a secular state. The result, it states, has
been a weakening of the voice of ethnic Fijians and indigenous
rights—and a feeling of increased insecurity and powerlessness.
The party sees the
2006 Coup as a means of meeting the personal ambitions of
Bainimarama, and nothing more. It sees no need for a new constitution
and wants the 1997 Constitution used as the base for the new
Constitution.
Specific
recommendations included the following:
1. The Republic of
the Fiji Islands to be declared a "sovereign democratic
Christian state." It argues that a secure Christianity will
protect the freedom of other religions.
2. Fiji to be
called the Fiji Islands; its citizens Fiji Islanders, and only
ethnic Fijians to be called Fijians.
3. Fijian to be
the national language (lingua franca); to be compulsory in all
schools; and to be a requirement for entry into the public service.
It argues that with only 600,000 Fijians worldwide, their heritage is
at stake, and this provision would also help national unity
4. The
continuation of the "compact" that gives ethnic
Fijians rights to a separate administration and affirmative action.
And amendments to all "group rights "defined in the 1997
Constitution to require 75% of parliamentary votes, and the votes of
75% of Fijian (appointed by the GCC) and Rotuman Senators. The party
thought this would ensure "effective protection."
5. No provision
for dual citizenship.
6. The words
"sexual orientation" to be removed from the Bill of
Rights because the "Biblical template for marriage is a divine
ordinance of God between man and woman like Adam and Eve in the
Garden of Eden."
7. Several social
justice provisions to address inequalities.
8. An Act to
enshrine the Boselevu Vakaturaga (Great Council of Chiefs) in
the Constitution.
9. Lease money
from the land of extinct mataqali (the Schedule A and B land once
administered by the State that Qarase returned to native land) be
used to fund the GCC
10.
ALTA (the 1976
Agricultural and Landlord Tenants Act) to be abolished and all
Native land to be administered under the Native Land Trust Act.
11. Traditional, customary laws to
be recognized and applied, subject to agreement, where necessary, of the higher authorities of Parliament and the Courts.
12. Parliament (House of
Representatives) to comprise 71 seats, made up of 25 seats allocated by
ethnicity (Fijians 14, Indo-Fijians 9, Others 2) and 46 seats on the
basis of one man:one vote, with 25 of these seats from closed part
lists, similar to MMP (Mixed Member Proportional representation in
NZ).
13. Work towards 30% women's
representation in Parliament, and make provisions for youth
parliamentary participation.
14. Senate to be unchanged from
the 1997 Constitution, i.e, 32 members, 14 appointed by the
President on the recommendation of the GCC, 9 by the PM and 8 by the
Leader of the Opposition.
15. President to be appointed by both
Houses from nominees proposed by the the GCC, and the
Indo-Fijian and Other communities.
16.
President, Reserve Powers.
None. Council of Advisers for President. President can be removed
by GCC.
17. No
Multi-Party Cabinet. Winner takes all.
18.
The Military. No role
in government or emergencies unless invited by Parliament. Section
112 (1) of the 1997 Constitution amended.
19.
Amnesty. Limited. All
existing military leaders to be dishonourably discharged and stripped
of their medals. Not allowed in political life or to take up any
political office for life, Similar provisions for "abettors of
the Regime."
20.
Transitional Arrangements. Appointment
of a caretaker government from April 2013.
21.
Conclusions. Need to
strengthen the indigenous position regarding institutions,
especially the GCC, language, and the Christian tradition.
The FLP (Fiji Labour
Party) Submission
The FLP saw no
need for a new constitution but thought some provisions should be
changed. It was highly critical of the Bainimarama government's
performance and wanted a caretaker government to be installed prior
to the 2014 Elections.
Specific
recommendations included the following:
1. The question of
dual citizenship be left to the Government elected in the 2014
Elections.
2. The Bill of
Rights in the 1997 Constitution be retained.
3. A special
Constitution Commission be established, the Fiji Human
Rights Commission (with 5 members including at least 2 women) be
retained, and a Code of Conduct for government personnel be
introduced.
4. On social
justice, the issues noted were: the minimum wage, decent,
affordable housing, retirement at 60 years, or 55 years if wished,
and pensions for persons over 65 years with no other income. .
5. Parliament
(House of Representatives) . To retain 71 members but with (a) 26
"reserve" seats (12 for ethnic Fijians, 10 for
Indo-Fijians, 1 for Rotumans and 3 for General voters) and (b) 45
"open" seats contested in 15 3- member, relatively
heterogeneous electorates of approximately equal size. [Previously there were 46 communal and 45 open seats. The FLP proposal halves ethnic Fijian and Indo-Fijian reserve /communal seats and leaves Rotuman(1) and Other/General voters (3) the same.] The
alternative vote to be retained. This allows preferential votes to be transferred,
and the successful candidate had to to win at least 50% of the voters cast. If fewer than 15 women are elected, more women may be
appointed but without the right to vote.The residential
qualification for voting to be two years; youths aged 18 years to be
eligible to vote, and the parliamentary term be reduced from 5 to 4
years.
6. Senate,
with referral powers, to have 35 members, of which 30 are nominated
by the PM and Leader of the Opposition, and the other 5 (one of whom
a Rotuman) nominated by the other minority groups.
7. The
President and Vice-President to be appointed by an Electoral
College from pairs of nominees proposed by both Houses of
Parliament. The President would have no reserve powers.
8. Multi-Ethnic
Cabinet. The PM to appoint an 18-member multi-ethnic cabinet
from both Houses of Parliament. [The 1997 Constitution required a
multi-party cabinet.]
9. The Attorney
-General must have qualifications equal to a High Court judge.
10. The Police
Force. To establish a Police Integrity Commission and make
efforts to achieve a reasonable ethnic balance.
11. The
Military. To be under ministerial control with the Commander
appointed by the President on the advice of the PM; numbers and
expenses to be cut, and a reasonable ethnic balance achieved within
3-5 years.
12. The Great
Council of Chiefs to be retained as an advisory body to
government, and kept apolitical.
13. The
Bainimarama Government Decrees to be repealed where they infringe
human rights.
14. The Judiciary.
Charges of inference by the Bainimarama government to be investigated.
15. The Media.
A Media Tribunal be established to consider complaints.
16. Agricultural
leases. ALTA to be retained. The minimum lease period to be 50
years. rents to be fixed at 10% of UCV with Government contributing a
further 4%. UCV to be reassessed after 7 years, not 5 as is the
present case.
17. Immunity.
No.
The NFP (National
Federation Party) Submission
Fiji's oldest
political party the NFP has lost support in recent elections, to the
advantage of the FLP, because it was seen to have comprised
Indo-Fijian rights by co-operating with the Rabuka Government that
passed the 1997 Constitution. It was once also more multi-ethnic and
on several occasions had one or more ethnic Fijian MPs in Parliament.
The party claims to have always worked for national unity and
attributes supposed shortcomings in the 1997 Constitution to the
unwillingness of the SDL and FLP to work together. It blames the coup
culture for the increase of racist legislation since the 1987, the
increased Fijianisation of the public service, and the emigration of
some 130,000 Indo-Fijians, many of them highly qualified. In the
2006 Election it won 15% of the Indo-Fijian vote.
The NFP wants to
retain the 1997 Constitution and has concerns about the
current constitution process that it thinks has "predetermined
outcomes." It argues that all but three (one man one vote, no
ethnic voting, votes for 18 year olds) of the Bainimarama
government's "non-negotiables" are in the 1997
Constitution, and welcomes the three omissions. It has argued for
one man one vote since its formation in the 1960s, and is the only
party to have done so.
Main issues:
1. Land.
Schedule A and B land should be returned to the State for
leasing. This land belonging to extinct mataqali had been returned to
native ownership by the Qarase government.
2. Racial
discrimination should be made a criminal offence.
3. The civil
service should be overhauled.
4. The Military
should be downsized and work towards ethnic parity
Specific other
recommendations included the following:
1. Secular
State. Retain the 1997 Constitution provision.
2. Language and
Culture. Fijian, Hindi and English to be compulsory for all Class
1-8 students.
3. Parliament
(House of representatives). The voting system should be
proportional representation with closed party lists with 71 MPs
elected from large multi-member constituencies. Party lists to
reflect national ethnic and gender situation. The "power
sharing" provision in the 1997 Constitution to be retained, and
all parties with ten or more seats should be included in Cabinet.
4. Senate to
be retained as a "House of Review" with 25 members
appointed by the leaders of the political parties in Parliament
proportionate to their number of seats.
5. President
and Vice-President to be appointed by an Electoral College from
both Houses, and to serve no more than two parliamentary terms.
6.
Land. Government should act as
a "buffer" between owners and tenants by obtaining a
"Master lease" over all available agricultural land,
re-leased to tenants for 99 years and reassessed after 50 years.
Rentals to be "fair" to both parties at 6% of Unimproved
Capital Value with an additional premium added by Government to make up 10%.
7.
Civil service. Entry and
promotions to be by academic merit and a better ethnic balance
achieved. Military officers currently in the civil service should
resign from the service.
8.
Affirmative Action only on the
basis of need, not race.
9.The
Military. "We
re-iterate our recommendations that we made to the Reeves Commission
in August1995: (i) There should be an independent Armed Forces
Service Commission for recruitment
and promotions within the Armed Forces, (ii) It shall be the
responsibility of the Armed Service Commission to ensure the
recruitment of non-indigenous Fijians with a view towards balanced
racial representation." The military should be downsized, be
subject to civilian control, and law and order be left to the police.
10.
Judiciary.
Retain
the Judicial and Legal Services Commission and the provisions of
1997 Constitution to ensure independence.
11.
Bill
of Rights.
Retain those in the 1997 Constitution.
12.
Constituent
Assembly. Members
to be appointed by the political parties, with no representation of the
military.
13.Transition
Arrangements. Appoint
a caretaker government immediately after the new constitution is promulgated.
The caretaker government to immediately appoint new members of the
Judicial Services Commission, the Constitutional
Officers Commission, the Public Service Commission and the Electoral
Commission.
14.
Immunity. Should only be considered following "acknowledgement
of wrong doing; apology and genuine remorse; and restitution and
reparation." If the Constituent Assembly grants immunity, the
next parliament should address the issue and set up strict
provisions for future treasonous acts.
The
RFMF (Republic of Fiji Military Forces) Submission
The
RFMF submission opened by welcoming the constitution process which it
thought captured the people's opinions, "It
is not our intention to undermine any individual, group or
institution to the contrary. We are here to ensure that through this
process we are able to formulate a constitution that is
representative of all the people of Fiji."
It
stated it intended to have no role in parliament but would continue
to "monitor the ongoing situation" to ensure that what has
been adopted since 2006 and in the People's Charter will be fully
implemented. Referring to the PM's "vision", it stated that
"no other institutions are capable of bringing about this
change."
The RFMF
protested it had been abandoned by the chiefs, church and political
parties in the 2000 Coup and the two mutinies that followed, and that
it was its "responsibility ... to ensure at all times the
security, defence and well being of Fiji and its people."
The
simple choice was either to support the RFMF or its opponents and the
continuation of corruption, racial division and hatred, the
undermining of the underprivileged and social injustice.
Specific
other recommendations included the following:
1.
The
RFMF must
be retained as the "last bastion for law and order (that) exists
to deal with both Internal Security situations and external threats."
2.
The
President.
A largely "ceremonial" President to be elected by secret
vote in Parliament from two nominations each by the the PM and Leader
of the Opposition, for one term of 5 years. The President would be the
Commander-in-Chief of the RFMF, call and dissolve Parliament, and on
the advice of the PM have executive powers to appoint most senior
officials, including the Commander of the RFMF, the PM and Cabinet,
Chief Justice and other judges and magistrates, the Ombudsman, and
the Commissioners and chairpersons of all government commissions. He
or she would also have the power to grants pardons and clemency, and
declare States of Emergency, also on the advice of the PM.
3.
Vice-President.
There
would be no Vice-President. In the absence of the President the Chief
Justice would assume this role.
4.
Parliament.
A 46-seat parliament with MPS elected by proportional representation
from four electorates based on the country's four administrative
divisions, elected for a five-year term. Cabinet to comprise no more
than 12 to share the 24 ministries, with powers to co-opt the
positions of Attorney-General, Minister of Finance and the Speaker
from outside Parliament, similar to previous practice. All MPs to
disclose their personal assets and comply with a Code of Conduct.
They must have no criminal convictions for ten years, and no
convictions pending. The salaries of MPs to be increased to attract
high calibre candidates.
5.
Senate and the Great Council of Chiefs,
now deemed unnecessary due to other provisions, to be abolished.
6.
Total agreement with all eleven Non-negotiable
principles:
(i)
common and equal citizen; (ii) a secular state; (iii) the removal of
systematic corruption; (iv) an independent judiciary; (v) elimination
of discrimination; (vi) good and transparent governance; (vii) social
justice; (viii) one person, one vote, one value; (ix) the elimination
of ethnic voting; (x) proportional representation; and (xi) voting
age of 18 years.
7.
Agreement with the Bill
of Rights but
subject to limitations in the interests of national or public
security, morality, health, and personal dignity and freedom of the
rights of others, acts likely to cause ill will between races and
communities, undermine the independence or authority of the courts.
All such limitations to be based on the principles of natural
justice.
The
Rights to include: a.
Right to life, b. Right to personal liberty, c. Freedom from
unreasonable searches and seizure, d. Rights of charged persons, e.
Rights to access to courts or tribunals f. Freedom of Expression, g.
Freedom of Assembly, h. Freedom of Association, i. Freedom of
Movement, j. Rights to privacy, k. Protection against compulsory
acquisition of property, l. Enforcement, m. Freedom of labour
relations, n. Right of Religion and Belief, o. Right of Equality, p.
Right to Education.
8.
NGOs.
Due
to concerns about foreign funding and acts against Government, all
NGO's to submit annual audited accounts to Government
9.
Immunity
to
be granted to those involved in the 2006 Coup and all events until
the formation of a new government, except where there have been
violations of domestic or criminal law.
In
the second part of this article, we shall explore commonalities,
major differences in the submissions of the three parties, and major
differences between these submissions and the submission of the RFMF.
Links to the Submissions, the Yash
Ghai Draft Constitution and Explanatory Report
SDL
http://www.scribd.com/doc/125965678/SDL-Submission-With-Annexes-Final
FLP
http://fijiconstitution.weebly.com/uploads/1/2/4/6/12466522/flp_submission_to_the_fiji_constitution_commission.pdf
NFP
http://fijiconstitution.weebly.com/uploads/1/2/4/6/12466522/finaldraft_submission.pdf
RFMF
http://www.scribd.com/doc/125965596/Military-Submission-to-CC-Hl2Constitutution
Commission (Yash Ghai) Draft Constitution
http://www.scribd.com/doc/125966353/Draft-Constitution-of-Fiji-One-1112-1
Constitutution Commission Explanatory
Report
http://www.scribd.com/doc/125966359/Explanatory-Report-DC-Good-Copy
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