Discussion in Fiji, Silence in NZ; Police Getting Serious; Election Groundwork Needed Now; Focus

WEEKEND READING ♦ Allen Lockington Column  ♦ People's Charter Pillar 5 (Achieving Higher Economic Growth): For Discussion  ♦ Is the PNG Land Grab Relevant to Fiji?

Photo: The University of the South Pacific Laucala Bay campus was built on the RNZF base for Sunderland flying boats which were then the only way to reach many islands in the region by air. The road on the left is Queen Elizabeth Drive that now dissects the upper and lower campus,  and the one from top to bottom of the photo is Laucala Bay Road.

N0292. PUBLIC DISCUSSION IN FIJI .  Restrictions on open debate could be improving in Fiji despite the retention of PER, the emergency regulations.  On Wednesday, USP held a public forum on the large loan recently taken out by Government, Fiji’s Second International Bond Issue. Speakers included Filimone Waqabaca (Ministry of Finance), Dr Mahendra Reddy (Fiji National University), Prof. Warden Narsey (USP), Norman Wilson (ANZ) & Dr. T.K Jayaraman (USP). Notable is the inclusion of Prof Wadan Narsey, a well known  government opponent. The audience would have heard more than one side of the argument.

My understanding is that the Fiji Times taped the debate so we may see something of what was said in the print media. They published a short item today with arguments for (Waqabaca) and against (Narsey). Hopefully, more will follow. 

Biased Reporting in New Zealand
Radio NZ International, however, mentioned only Narsey's position: "Fiji's interim administration is being criticised for burdening future generations with debt after raising about 250 million US dollars in foreign bonds."   This overtly biased reporting on Fiji is now standard fare (unfair) for RNZI. Witness Johnny Blades's report on the Melanesian Spearhead Group meeting published earlier today (N0290) that made no reference to the leaders' support for Fiji's reforms and elections in 2014, and compare with the report by Radio Australia.

Radio NZI and its reporters need to remind themselves that New Zealanders pride themselves on fair play. On-going, one-eyed, biased reporting is not fair play. One wonders why they are doing this? Is it because the State broadcaster, in today's difficult economic environment, fears funding cuts unless it kowtows to government policies?

N0293. POLICE GETTING SERIOUS ABOUT CLEANING UP THEIR ACT. Three policemen have been sacked in the Northern Division  this week. A Police headquarters spokesman said: "The consequence of abuse of power by law enforcers shows how serious the new administration is about the rightful use of power vested in the officers.We want to make Fiji a safe and secure place. We want people to place their trust and faith in the Police Force. We can't have the same people in the Police Force who have threatened and abused people. We will not condone such cases."

Fiji Today, the only moderate anti-government blog, had this heading today: "Rumor says that the Police Force has set up an Internal Investigation Unit that is operating behind the scences to reduce curruption in the police force. This force needs to be cleaned up if it is to have any credibility in the eyes of the public."

N0294. CRITICAL GROUNDWORK FOR ELECTION 2014 DATE MUST START NOW.
The Citizens’ Constitutional Forum is encouraged by the confirmation of the 2014 election timeline by Government (Fiji Village 30/3/11) and wishes to highlight that even prior to the event, the State, Civil Societies and all the key stakeholders need to start addressing the critical preparatory groundwork now.

“Going by best practices experiences of recent history of transitional governments similar to our experience, it has shown that prior to the elections itself critical landmarks such as dialogue on key issues including the Constitution, Electoral Reform and ongoing public consultation and dialogue at all levels needs to start now for a sustainable transition,” states Reverend Akuila Yabaki.

He added that, “All stakeholders need to be engaged in some critical dialogue on the processes and the content of the Constitution.”

With regard to “ironclad assurances” by the Foreign Minister, Ratu Inoke Kubuabola, on the timelines towards 2014, Reverend Yabaki “finds this warmly reassuring and strongly recommends that a good first step would be the lifting of PER.” -- CCF Press Release.

N0295.  FOCUS is the Government newsletter published in English, Fijian and Hindi. The latest issue has, as might be expected, a swag of articles on government's development initiatives,  but it also has letters to the editor, an extensive list of government job vacancies, information on the Order of Fiji, and lots of photos.

If you are interested in  having a look, it may be downloaded from the Government website by  clicking here.

The CCF's Suggested Way Forward

N235. WHY SO FEW COMMENTS ON AKUILA'S POSTING?  Part II of Critical Engagement and Future Scenarios was published  last Saturday (N205). Few people took the opportunity to comment.  I republish the conclusion to the Rev. Akuila Yabaki's paper and urge you to read it, comment, and read the full document.

Tuilaepa's Joke, Lift Part of PER, No Complaints to Human Rights Commission, Anon

Next N223. JOKE OF THE WEEK.  Radio NZI reports that a Samoan high chief and his family have been banished from their village for not voting for the village candidate endorsed by PM Tuilaepa Sailele Malielegaoi.

PM Tuilaepa is reported the same day, also by Radio NZI, with these words of advice for Bainimarama:“If he goes back to the barracks and leaves the politicians to do what they are good at, then Fiji would be a better place to live.” He says "the Commodore should leave politics alone." We see what he means!

N224.  LIFT PART OF PER.  The Citizens' Constitutional Forum (CCF) has again called for the lifting of the public emergency regulations (PER) to allow the Media Industry Development Decree 2010 to be tested. CEO Rev Akuila Yabaki says PER results in "the muzzling of free speech and expression of opinion which will lead to the emergence of blog sites as the only resort for political opinion and news for the citizens, the state and political opinion makers ... A free, fair and open media without the constraints of censorship will  allow for freedom of expression for all citizens to debate issues reasonably and openly.”

At least one readers agree. She writes: "There is NO NEWS anywhere and my daily F$1.60 spent on purchasing the two newspapers is  almost money down the drain - really, they aren't worth reading; they get worse and worse by the week. NO-ONE knows what on earth is happening in the government (if anything is!)  and the Govt isn't saying. Worse though, is that no-one seems to ASK: so what hope is  there for "informed debate" on a national level before elections? Perhaps on numbers of  acres under dalo, or cost of a new hydro scheme ... but nothing of a 'national, Fiji-in-the-world' level."

I'm surprised Government does not lift that part of PER that applies to the media (and so allow the Media Decree to be tested) while keeping in place that part of PER that places limited on free assembly.  This is not to condone this aspect of PER but to recognize that there are people in Fiji who would resort to any measure to overthrow the government.

N225. FIJI HUMAN RIGHTS COMMISSION. The Commission says it is aware of recent media  reports and its staff are on the alert for complaints from victims of torture and abuse at the hands of the military but it hasn’t received any recent complaints of alleged abuse, detainment or intimidation. However, the Commission is investigating earlier complaints of brutality and ill-treatment by other members of the disciplined services.

The anti-government blog Fiji Today says the public has no confidence in the Fiji regime’s Human Rights Decree and the Fiji Human Rights Commission. I wouldn't presume to know what the public think.

N226. ANONYMOUS COMMENTS. Readers will see I now allow anonymous comments although I'd still prefer all readers commenting on posts to use their real name or a pseudonym because this makes the exchange of opinions easier.

The previous requirement has been relaxed because some readers keep changing their pseudonym (making them no different from anons) and because readers can now respond to individual postings by number (e.g., N201). All other previous requirements remain, namely: "Impolite comments, and comments that attack the person and not the argument,or are irrelevant, repetitive or unhelpful to further discussion will be DELETED. All genuine comments, of whatever political persuasion, will be published if they follow these rules."

Fiji 2011: Critical Engagement and Future Scenarios (Part II) - Akuila Yabaki

Speech given by the Rev Akuila Yabaki Chief Executive Officer, Citizens' Consitutional Forum, in February 2011 during his New Zealand tour. I consider it the most important paper to be written on Fiji this year.

Part II. Critical Engagement (continued) and Future Scenarios

Part I was published last Saturday.

N205.

Charter

The April 9, 2009 Court Case was a significant event in the impact it had on the CCFs engagement with government. Without any constitutional basis to support the actions of the Bainimarama government meant that CCF would have to disengage itself completely in its parallel work with the State and discontinue its involvement with the Charter and the Charter process.

That does not, however, diminish in any way the States commitment to the Charter which though much criticized, mainly by those who knew very little about its content, objectives and principles, was actually in our view, though a product of an illegal regime was in fact good and progressive in principle.

The document still remains a key roadmap for the State. Two areas which have seen significant progress include Pillar 2 A Common and National Identity and Building Social Cohesion. A national Identity for all citizens under the name Fijian, indigenous Fijians called iTaukei and the removal of all racial or ethnic labels from public institutions is a progressive step towards unity. Pillar 6 Making more land available for productive and social purposes has made some steps forward through the Land Use decree allowing for the establishment of a Land Use Unit, A land bank allowing for Landowners and prospective tenants an alternative to land lease arrangements apart from the NLTB. The land bank and the Committee for the Better utilization of Land (CBUL) is working hard towards identifying idle land for use. It is still too early to measure the impact and effectiveness of these changes.

Fiji 2011: Critical Engagement and Future Scenarios (Part I) - Akuila Yabaki

Speech given by the Rev Akuila Yabaki Chief Executive Officer, Citizens' Consitutional Forum, in February 2011 during his New Zealand tour. I consider it the most important paper to be written on Fiji this year. Photo: Rev Yabaki and Croz Walsh, Wellington, February 2011.

 

Part I. Introduction, Militarization of Government and Critical Engagement

Introduction

The Fiji Court of Appeal ruling of 9 April 2009 in the case of Qarase versus Bainimarama, which was contrary to the Fiji High Court judgment of 10 October 2008, stated that under the 1997 Constitution Fiji’s President did not have the powers to dissolve Parliament and appoint the interim Fiji governments in December 2006 and January 2007. The Rulings went further to add that the President could only make those decisions on the advice of the Prime Minister and the cabinet. Following this judgment, Interim Prime Minister Voreqe Bainimarama resigned from his position. A day later, then President the late Ratu Josefa Iloilo (purportedly) abrogated Fiji’s 1997 Constitution and reappointed Bainimarama and the Attorney General back to their positions. The other government ministers were also reappointed to their positions.

Decrees then became the order of the day creating a new legal and political order. The decrees in particular, placed limitations on the powers of the courts and entrenched decision-making powers in the Executive’s hands. Some of the decrees in content and intent sought to bring in genuine improvements, but others may violate human rights and good governance principles. A few have been introduced after public consultations, others without any or with very limited consultation. Apart from the good governance processes one major concern about the new decrees is the provision in many that the decisions made by the current government cannot be challenged in any court or tribunal in Fiji.

A Public Emergency Regulations (PER) Decree was imposed on 10 April 2009, which has been extended every 30 days since, and remains in place despite the complete lack of civil unrest in the country. The PER provides broad powers to police and military officers to search premises and arrest and detain people from two to seven days. The PER also provides powers to the disciplined forces to stop any meetings or public gatherings. Organisations now have to apply for a permit for any event that requires a gathering of people. The PER further gives powers to the Permanent Secretary for Information to apply censorship to any print or broadcast material which they do not want the public to see and hear.

NZ Earthquake, Treason Trial, Tui Cakau, SDL Offices, Tourism Initiatives, CCF, PER

N0173. EARTHQUAKE CONDOLENCES. The PM signed the condolence book for victims of the Christchurch earthquake at the New Zealand High Commission yesterday. His visit to the High Commission follows his sympathy letter sent to his counterpart  John Key last week.  A formal reply is expected later when one also hopes Fiji's condolences will be reported by the NZ media. Confirmed deaths  from Christchurch now total 155 and could rise to 240. New Zealand's worst earthquake death toll was 256 in Napier on 3 February 1931.

N0174.TAGIVEIKATA TRIAL UPDATE. Monday

N0175.PM TELLS TUI CAKAU NO MORE TALKS.  In earlier talks Ratu Naiqama told the PM to step aside and reconvene the Great Council of Chiefs to appoint an interim government.(see N014).

N0176.SDL PARTY OFFICES SEARCHED. SDL senior executive Mataiasi Ragigia  says police searched the SDL headquarters and the staff was ordered to leave. Ragigia described police manners as aggressive, but “None of us were taken in for questioning. We were just told to leave. They got into the office with a copy of the search warrant and a list of the items they wanted to take. They’re looking for some documents that will lead to some charges being laid against some people.”

The SDL had been distributing an anti-government DVD to Fijian villages as a means of countering growing government popularity among rural Fijians.The SDL claim the popularity is misplaced.

N0177.TOURISM INITIATIVES. The PM said several initiatives, such as the highest ever budget for Tourism Fiji, tourist VAT refunds and a tax free zone, have resulted in a dramatic increase of tourist numbers.

Other initiatives include the participation of i-Taukei landowners as equity holders in hotel properties, the relaxation of foreign investment rules, zero rating of tourism items, duty concessions on tourism related equipment such as jet ski’s, yachts and buses, and the introduction of the Super Yacht Decree.

“The equal distribution of land lease monies from i-Taukei owned lands, the modernisation of our penal code, the upgrading of our roads and water systems and the introduction of the Domestic Violence Decree all have either directly or indirectly and positively impacted properties, new tourism development, problems related to staffing and social justice issues.” Tourism now contributes 31% of GNP; it is a major source of employment,business activity foreign currency earnings. -- Based on No:0517 and 0518/MOI.

N0178. CCF CALLS FOR END TO EMERGENCY REGULATIONS. SUVA (Radio NZ International/Pacific Media Watch): Fiji’s Citizens' Constitutional Forum says the Public Emergency Regulations need to be lifted so proper political dialogue can start. The PER were implemented in April 2009, and were to have been lifted when the media decree came in last year, but were not.

The Forum’s head, the Reverend Akuila Yabaki, says the regulations are an infringement on people’s right to participate in the process of reforming the country’s political process.

“I think government could listen to more ideas. And the people have a right to be heard. There’s no civil unrest and I think you cannot prepare people for a new mode of democracy, without opening up and getting rid of the Public Emergency Regulations.”

Reverend Yabaki says while some good work is being done, it needs to continue.

Note:  I support the call in principle but think the timing unfortunate given the uncertain situation this week, but a clear signal from Government to lift PER soon would do much to reduce the rumours and ease the situation.

Australian's What Ifs, Christchurch Earthquake, USP's Confucius Institute, Yabaki in NZ, Treason Trail Continues

N0150. AUSTRALIA'S SPINNING JENNY. I suppose it was inevitable that someone would look for parallels between events in Egypt and Fiji and I shouldn't be too surprised that Lowy Institute's Jenny Hayward-Jones has taken the bait.

 She has the good sense to note that the two countries have "little in common" other than the role of the military but then couldn't stop herself from wondering about  the possibility of "a similar popular protest in Fiji." She  went on to wonder why there hasn't been a popular uprising, and then wondered what would have happened if there was.

She doubted the army would "fire on the people" but they could use "intimidatory tactics."  And if the protest persisted, she wondered whether Cde Bainimarama "would attempt to stare the people down and assure them that he, and he alone, can maintain stability in the country and must be allowed time to enact his reforms to build a better Fiji."

This is all wonder-full poppycock and nonsense that displays how little the Lowy Institute's Melanesian expert knows about Fiji but she does provide one interesting insight, and theree's no more wondering:"The Australian Government would find it all but impossible to restrain from encouraging the demands of the Fiji people for democracy." But she offers little light on what Australia might do that it is not already doing. 

How any intelligent, responsible person can possibly think such outpourings are helpful to the Fiji situation at this time defies explanation.  But they will be lapped up anti-government people and splashed all over their blogs.

More importantly, it may also influence those in the Bainimarama government who want to maintain the Public Emergency Regulations (PER) to extend them further.  With an already hypersensitive military-led government reacting too often to any suggestion of opposition, Hayward-Jones's wonderings can only make life more difficult for those seeking to make helpful criticisms and an accelerated agenda leading to constitutional and electoral reforms, and elections no later than 2014. She should wonder on that.  -- Crosbie Walsh.

N0151. CHRISTCHURCH EARTHQUAKE. Fiji has joined other countries in expressing support for NZ in the wake of Christchuch's second devastating earthquake. In letter the NZ Prime Minister John Key, Cde Bainimarama  said he was "shocked and saddened at the loss of precious lives and damage to property caused by the disastrous earthquake that struck Christchurch again. Our hearts go out to the affected people. We share with the Government and the people of New Zealand, the distress and sorrow, in these challenging times.”

“On behalf of the people and the Government of Fiji and on my own behalf, I would like to convey our heartfelt condolence to the bereaved families and all those who have been affected by the terrible natural calamity.”   He has offered Fiji's help in any way NZ thinks appropriate. -- Based on No:0463/MOI.

N0152. ANOTHER CHINA LINK. USP has signed an MOU to establish a Confucius Institute that will teach Mandarin and Chinese culture.  It is expected to be operational by the end of the year.

N0153. CITIZENS' CONSTUTIONAL FORUM CEO Rev Akuila Yabaki was in Wellington and Auckland during the week, when he held talks with interested groups. I hope to publish his paper "Fiji 2011: Critical Engagement and Future Scenarios" soon.

N0154. TREASON TRIAL CONTINUES. This is the link to Wednesday's and Thursday's proceedings. And Friday's. Mutiny leader can't remember.

Graham Reid's Third and Last Article on his Fiji Visit

  NZ freelancer Graham Reid concludes his three-part story of his visit to Fiji, telling it as it was told to him by locals as he moved around Suva and travelled along the Coral Coast. 

Versions of the Truth

Na Sala Cava Cakaudrove? MSG: Bruce Hill, Usaia, Natapei, IDs: Bruce Hill, Akuila Yabaki, ID Official Release, Complaints Against Lawyers, Rice Back?

THE CAKAUDROVE QUESTION MARK. The province still seems to be divided in its support for government which is understandable given the political record of its Paramount Chief the Tui Cakau Ratu Naiqama Lalabalavu (photo).  But the Roko Tui Cakaudrove Ratu Aca Mataitini has confirmed that the Tui Cakau will open the Provincial Council meeting at Somosomo, Taveuni, on Wednesday, and this is a good sign. The  Bose Vanua (meeting of chiefs) meets today. Ratu Aca said proper utilization of land for agricultural purposes is one of the issues to be discussed in the two day Provincial Council meeting. He hopes the people of Cakaudrove will follow plans set by the Government which is covered under the People's Charter for Change. We hope it will also be supported by the Tui Cakau.
 

WHO RINGS WHO FIRST, BRUCE HILL OR USAIA? Usaia Waqatairewa of the Australia-based Fiji Democracy and Freedom Movement seems to get an extraordinary amount of time on Radio Australia.  He is urging the Melanesian leaders to "open their eyes to the obvious divide and rule techniques Commodore Bainimarama is using to get the leadership of the sub-regional bloc" and deny Fiji the chairmanship. I thought it was Vanuatu's Natapei who was the odd man out. Read on ...

VANUATU NO-CONFIDENCE VOTE. Opposition leader, Maxime Carlot Korman, said he has the backing of 27 of the 52 MPs and is calling for PM Natapei to resign. Yesterday Carlot Korman accused Natapei of causing division in the Melanesian Spearhead Group by cancelling July's summit in Fiji. Korman says if the Speaker accepts his request, the vote could be taken as early as Monday.

YABAKI ON ID CARD. Radio Australia's Bruce Hill tried to get CCF's Rev Akuila Yabaki to condemn the proposed ID card. Click here. Yabaki's lack of concern is interesting because one would have thought he'd be among the first to express concern if he thought the card would be misused. Read on ...

OFFICIAL ID UPDATE RELEASE. The proposed national identification card is essential because it will provide and carry vital personal information. Ministry of Defence, National Security and Immigration official, Mr Joji Washington told a consultation forum the proposed national ID card was to help curb cases of false identification.

He said there had been cases of passports and birth certificate falsifications. “This is why the Ministry of Defence has taken this proactive approach to introduce the national ID card,” Mr Washington said. “Government will include a bio-metric feature, which will be encrypted into the card to add to its value otherwise it will be just an ordinary card.”

Mr  Washington said most countries had adopted this concept because of its ability to interface with e-passports. He said the global approach was for Fiji to introduce a card which had bio-metric security features. “The project runs concurrently with the e-passport platform. Fiji needs to look at it holistically and each government department and ministry has its own input into the introduction of the card,” Mr Washington said. He said the project would benefit the Ministry of Education, Elections Office, Fiji Police Force, (BDM) Births, Deaths and Marriages, FIRCA, Immigration, FNPF, LTA and many more. -- 2010 No: 1712 /MOI.

COMPLAINTS AGAINST LAWYERS. The Independent Legal Services Commission (ILSC) was established under the Legal Practitioners Decree 2009 to hear complaints against lawywers, relieved the Fiji Law Society of this role following complaints that the FLS had not dealt effectively with complaints. The main purpose of the the ILSC, according to the Commmission Justice John Connors, is to protect the public from lawyers who misbehave, hear their complaints against lawyers and, where applicable, discipline the lawyers.

Justice Connors says having a transparent and an independent system in place to look into complaints against lawyers has been well received by the public and he is "hopeful that by dealing with complaints in a timely manner and the imposition of appropriate penalties will hopefully encourage more lawyers to behave appropriately," The ILSC has so far dealt with and handed out verdicts on seven complaints and another six cases are pending.-- Based on 2010 No:1678/AG.

RICE. Fiji used to grown much of its rice consumption, mainly in the Dreketi (Bua) and Navua areas. The removal of import duty on milled white rice in 2008 changed all this.  Fiji Rice Company CEO Ram Bajekal hopes that with government now promoting more locally grown rice, rice production will increase and and its mill will be once again put to full use. FRC has been importing 30,000 tonnes of rice a year at a cost of about $40m.

ECONOMIC TIDBITS.
    FMF Group announces $11.6M   profit
    Lautoka Sugar Mill kept like a  junkyard, says PM
   Acting CEO FSC recommends closure  of Rarawai (Ba) mill

PER Again, Fiji Times News, International Peace Day, Takiveikata & Chaudhry Cases, Tele Stats

HERE WE GO AGAIN.HEAR NO EVIL,SEE NO EVIL. SPEAK NO EVIL. The Public Emergency Regulation, in place since April last year, has again been extended for another 30 days with effect from today. Many observers were hoping that with the Fiji Times sale, and progress on other fronts, some wise person in Government would have said 'Enough is enough.'

  If there are good reasons to continue these never-ending renewals (and the Media and Public Order Decrees are insufficient to contain them), and well there may be, Government needs to spell them out, and tell  us why they are needed now when they were not needed before April last year?

How on earth can intelligent people be expected to trust and support a government when they are kept in the dark about the reasons for its actions?

NEW PUBLISHER FIJI TIMES. Australian Dallas Swinstead, the publisher of the Fiji Times from 1976 to 1980, has been appointed the new publisher as the Motibhai Group officially took over ownership of the newspaper today.

Motibhai chairman and new Fiji Times Board chairperson Mahendra Patel  said: that the “Fiji Times will operate as an independent separate unit. Dallas Swinstead and his staff are the people that will fashion the editorial content of the paper. We will not interfere with that. The staff are empowered to operate and run independently – of course we will be there to guide, but we will not interfere. “

Swinstead has an extensive and distinguished record in the publishing field and has been a journalist, editor and managing director of many major Australian newspapers including the Herald Weekly, The Age, the Sunday Press and Qantas In-flight magazine.

On whether the Fiji Times would now recognize the the new government and refer to Bainimarama as the Prime Minister, Patel said: “You will find out in due course. Let any changes that happen, happen slowly. We will embrace and change in the fullness of time.”

PEACE INTERNATIONAL PEACE DAY. The Citizens Constitutional Forum celebrated International Peace Day in style yesterday with music, songs, a fashion show and the screening of a short film titled “Enduring Hope.” CEO Reverend Akuila Yabaki says peace issues never go out of fashion because even when there is no war the world is not at peace. However he says Fiji has a way forward.

Reverend Yabaki says despite coups, conflicts and instability, the way forward is through dialogue and the rebuilding of relationships in the search for resolution through peaceful means. This year’s theme is “One Nation Diverse People.”

TAKIVEIKATA'S CASE ADJOURNED until October 5.The Naitasiri High Chief is being retried on a charge of inciting the 2000 mutiny which aimed to kill the military commander, Cde Bainimarama. Both  defence and prosecution lawyers asked for the adjournment. Takiveikata had been given a life sentence for the mutiny but in early 2007 the appeal court quashed the ruling and he was released from prison after serving 31 months. Last March, Takiveikata was jailed again when he was given a seven year prison for plotting to kill Bainimarama in late 2007.

NZ QC PETER WILLIAMS seems a popular defence lawyer with the anti-government establishment. Ballu Khan George Speight was an early client.*   He wants a non-resident judge to try the Chaudhry case because of his client’s high political profile. He could have a point, though the insinuation is a slap in the face to the Fiji judiciary. But his argument is intriguing: Due to the publicity surrounding a case such as Chaudhry’s, he says, there would be a lot of discussion among the media and communities which could therefore influence the judge’s decisions in the trial. Really! I thought the media were restricted in what they can report until cases are concluded. And if we believe what we hear about PERS and media censorship, they probably won't be able to publish anything anyway. I wonder if the QC has an overseas judge in mind, someone who's been able to close his eyes and ears to the publicity Fiji and the Chaudhry saga has received in the overseas media?  [* A reader writes that Williams did not defend Speight.  I think it was Ballu Khan he defended, but I'll stand correction if wrong again.]

TELECOMMUNICATIONS STATISTICS 2009. Telephones, 14% of the population; mobile phone connections 81%, internet use 10.9%. Internet bandwidth capacity 620Mbps. Internet Providers=3, Mobile Network Operators=2, Mobile Virtual Network Operator=1, Fixed Line Operators=1, International Operators=1, IP Licenced Providers=5.

From Paramountcy to Equality: Constitutionalism, Dialogue & Ethno-Political Conflict in Fiji

Rev. Akuila Yabaki.

CEO of Citizens’ Constitutional Forum

(Concluding from last Saturday)

Dialogue & bringing people together

There have been a few attempts since December 2006 to bring people together to try and address the past problems of political instability. The major one was the NCBBF, which was established to bring people together to talk about moving the country forward. The process attracted considerable support, but it also attracted strong opposition by those  that refused to participate (including the Methodist Church). The Charter process attempted to address past conflict and provide potential solutions through Chapters such as “Ending the Coup Culture” and “The role of the Military”.

Yabaki, Citizenship, Police, Ethical Journalism, Call to Youths

Inspired from Above

GOD BLESS AKUILA YABAKI. "Akuila the Great" left this comment on the article From Paramountcy to Equality: Constitutionalism that we published in Weekend Reading.

"God Bless Akuila Yabaki. This guy is a national treasure. Reading all this reminds me that for all his opposition to aspects of the regime, he and Frank aren't too far apart on the big issues. Indeed, some of this looks like a government manifesto, or at least a manifesto the government could have produced were it as sensible as the good Reverend.

"It's immediately clear from Yabaki's comprehensive tour of the horizon that none of the national problems he identifies could have been resolved under an indigenous supremacist government like the SDL. Ergo, something had to break the cycle and that something is arguably Frank Bainimarama if our "democratic" institutions weren't capable of reform. So if you take that premise as a starting point, a lot of these ideas start to make sense, even if the devil is in the detail, as it always is. Why Yabaki and the CCF haven't been dragged into the heart of the reform process is beyond me. Frank ought to be embracing the CCF, not treating it with suspicion. If he and Yabaki could sit down with the likes of John Prasad and come up with something everyone could agree on, it would be no bad thing.

"Even if some compromises had to be reached, Fiji could then present the world with a blueprint that carries a legitimacy and credibility that the current "roadmap" sorely lacks. Yabaki's problem is that the regime sees him as the opposition, someone with the gall, the cojones or the courage ( depending on your point of view ) to speak out when no-one will, as in the recent ABC Australia piece on Fiji.

"But I'd ask the regime this: Is there anyone in Fiji more thoughtful, more sensible, more suitable or more able to command widespread community respect than Yabaki? For a start, the fact that the Methodist hierarchy hate him so much ought to automatically qualify the man for sainthood. This thoughtful treatise also shows that he has the intellectual capacity to grasp the essence of the nation's problems. A man of God unconstrained by religious dogma and prejudice. A fearless crusader for basic human rights, not the "human rights" masking an agenda of self interest pursued by others in Fiji. On the evidence of this piece alone, give that man a round of applause and a bigger job."

[Ed.Forgive me, Akuila, for touching up your photo with the light from Above.]

MORE FEEDBACK FROM WEEKEND READING included his comment: "Citizenship Studies for all pupils and students should be an essential  part of Education for Life. The sooner it is introduced in Primary Schools with an understanding of the Flag and the National Anthem, how they were designed and how they came about, who was responsible, the better it will be for us all. And the parents also should have Citizenship Studies leading to a Course in Civics. This might also be taught in  Schools. To establish a synergy and congruence between: School-teacher-parent-pupil."

LOCAL ISSUES, LOCAL SOLUTIONS. This was two-thirds of the theme of the annual meeting of
the 39th Pacific Islands Chiefs of Police (PICP)held in Brisbane last week. The remaining theme was regional cooperation. The conference reconsidered the suspension of Fiji Police from the PICP and  resolved that this should continue. The effect of the suspension has been that PICP continues to interact with Fiji Police on humanitarian and operational issues such as HIV/Aids and Human Rights as well as disaster response development. The PICP has not engaged with Fiji Police on any new projects or initiatives.

So much for two-thirds of the meeting's theme. Drug smuggling, Human trafficking, money laundering, terrorism and child pornographic were not specifically mentioned. Given Fiji's geographic location and well developed air and sea transport system, lots of regional cooperation are needed to plug the loopholes. The world's criminals must be delighted with the PICP decision which, of course, was not political.





CAUTIOUS ACCOLADE FROM UNEXPECTED SOURCE. “I believe if the Acting Commissioner [of Police] takes his responsibilities well, he will weed out all those people who were allegedly appointed only because they belonged to the new Methodist Church or came in because of provincialism and have no qualifications.”  Click on the link to see who said it. The new Acting Police Commissioner Joeli Baleilevuka has certainly got off to to a quick start: The "Jesus Crusades" have stopped; he's looking at questionable police appointment under his predecessor; he's promised more police on the streets, and more protection for tourists and increased work on a "Crime Free" Fiji. 

ETHICAL JOURNALISM. Fiji news organisations have to face reality and make ethical and professional decisions in the “dramatically changed” media landscape, a regional workshop in Tonga on building a vibrant Pacific media has been told. Stanley Simpson, news director of the Fiji Broadcasting Corporation  said that a major ethical question confronting journalists over the past year had been: “How do we report and practise the principles of journalism under a censored environment?” Read the full report.

YOUTHS URGED TO TAKE UP AGRICULTURAL BUSINESSES. The Agriculture Ministry is
 calling on youths to take up agricultural businesses. Permanent Secretary Colonel Mason Smith who launched this year’s Fiji Development Small Awards said they are encouraging youths who would like to enter the field to enquire with the ministry and micro finance banks.

From Paramountcy to Equality: Constitutionalism, Dialogue & Ethno-Political Conflict in Fiji

Rev. Akuila Yabaki.
CEO of Citizens’ Constitutional Forum

Introduction
Fiji has had a turbulent political history with five coups in just over 20 years. Conflict between the two major ethnic groups (Indigenous Fijian and indo-Fijian) has often been blamed for this instability, but the reality of the situation is much more complex. Broader social problems, such as poverty, access to education, lack of good governance and a struggle for wealth, land resources and power, have contributed to the political instability.

Bainimarama Ambivalent, What's Needed, Sikua Coming, Bitten by Termites

BAINIMARAMA STILL AMBIVALENT. Just as I was about to publish today's postings, I read two comments by PM Bainimarama on the 2014 Election issue. In the first he said "he wants elections to be held in Fiji in 2014 but a lot of work needs to be done and it is only realistic that there will be delays if there is continued obstruction and interference by countries like Australia and NZ."

In the second, a response to the CCF statement that Fiji should not use the MSG to further its own agenda,  I agree with the PM. Fiji is a perfectly legitimate item on any MSG agenda. But I thought it an unkind, unnecessary and untrue swipe at the CCF to imply that because it was funded by overseas donors, it would do what the donors dictate. The accusation demeans you,  Prime Minister. Akuila Yabaki does not need to persuade anyone of this personal integrity. And you did not reply to the CCF's main point, the need for assurances about elections in 2014. 

WHAT WE NEEDED FROM YOU, PRIME MINISTER WAS THIS:   A firm statement that, come hell or high water, elections will be held in 2014. You might have said something like this:

"A lot needs to be done before we have elections, and overseas countries like Australian and New Zealand, are making our work more difficult. We really need their technical and legal expertise to carry out parts of the Roadmap, but if they won't help, we'll work twice as hard and look elsewhere for help.

"We were also hoping to advance the dialogue process on constitutional and electoral reform so that all we have to do in 2012 and 2013 is 'press the button' to enact new laws. This now seems less likely  but when the going gets tough, the tough get going.

"Within the next few weeks my Government will make public a full report on Roadmap progress to date, together with more detailed guidelines and, where possible, dates, for its various  milestones.  Those who say we are looking for excuses to delay elections are not Fiji's friends.  Come hell or high water (or equivalent in Fijian),  there will be elections in 2014. Full stop."

That's all you had to say, Prime Minister, and your friends and the undecided in Fiji and overseas would have been reassured, and  you would have shamed your detractors and caused their supporters to re-think their support. Essentially, it's a military strategy called taking the fight to your enemy.

SOLOMON ISLANDS PM WILL ENGAGE FIJI. Dr Derek Sikua will attend the 'Engaging Fiji' meeting to be held at the Inter Continental Resort in Natadola  on July 22–23.

As one reader put it: "This puts an entirely different complexion on the MSG debacle. Let's put it this way: Somare was always unlikely to come while he fought a no confidence motion that threatened his own position. Natapei has been lent on by the Australians to the tune of $66-million in funding from Ausaid this year. Remember, Vanuatu has a record of being bought off as evidenced by their flirtation with both China and Taiwan. Sikua is coming to Natadola in a show of solidarity with Fiji. You can be sure that as soon as Frank got off the plane from Seoul yesterday morning, he hit the phones. Bingo. Shame he couldn't have headed off this crisis in the first place using his famous powers of persuasion."

Speaking earlier Foreign Affairs Minister Ratu Inoke Kubuabola said  there are many Pacific Island  leaders that have indicated their willingness to support Fiji’s progress in implementing the Roadmap for Democracy and Sustainable Socio-economic Development and Fiji’s Strategic Framework for Change as stipulated under the People’s Charter for Change, Peace and Progress.

“The Fiji Government is keen to discuss these issues with leaders  and friends who have an interest in Fiji’s sustainable development and also understand the role that this plays in the context of the Pacific. Fiji has been sincere, transparent and open about what it has set out to achieve in its Roadmap for Fiji’s return to parliamentary democracy, and we are fully determined to seeing this through.In that regard, Fiji has engaged closely with the international community and partners in creating that pathway forward towards a true and sustainable democracy."

To conclude today's postings with a little light relief ...

FIELD BITTEN BY TERMITES. Continuing the story of Michael Field and the revised budget. 

Field Fiction: "In addition," he wrote in disbelief, "his [Bainimarama's] economic projections knocked over by a termite outbreak in Nadi [actually it was Lautoka]. Who does he think he is kidding? Termite treatment costs less than the Chinese weapons he is proposing to buy for the RFMF." [This is the first I've heard about this supposed purchase.]

The Termite Facts: "It will be a huge task trying to destroy the termites infesting Lautoka as they are now 6 to 18 feet underground," says Australian termites expert Dr Brandon Peters. Peters says the fight to eradicate the termites will take longer than the six months allocated by government. He says the situation in Lautoka is the worst he has come across in his 36 years of experience, and that the termites have been in Lautoka for 30 years.

"FIELD VISITS FIJI REGULARLY." Radio Australia asked Foreign Minister Stephen Smith, Michael Field and Prof. Brij Lal to comment on Sarah Roberts expulsion. Host Alison Caldwell introduced "New Zealand journalist Michael Field [who] visits Fiji regularly" and  Brij who"co wrote Fiji's new constitution." Field hasn't visited Fiji since early 2007 (I have visited more frequenlty and much more recently but, in the spirit of media freedom, ABC has stopped interviewing me!) and Brij was the co-writer of the draft Constitution promulgated 13 years ago! For further "factual" comments, read the interview. Nit-picking perhaps, but nits need to be picked.

FHL Pay Back, FNPF Pay Out, Echo Before Sound, PINA Split, CCF Wants Transparency Registrar Appointment

ANNIVERSARY. One year ago today I started the Flag counter.  Since then the blog has had  over 37,000  "unique visitors" from 131 countries some of whom visited the site 85,000 times.

(-) FIJI LIVE POLL.  Q: Is the Media Industry Development Decree good for Fiji's media industry? A: Yes  41%; No  59%. I've no idea how many people voted but the question surely should have been, "Is it good for Fiji?"  The media and Fiji are not synonymous, although sometimes one has to wonder. And, hey! I thought all negative reporting was censored.

(o) FAB AND FHL PAY BACK. Twenty-one years ago Government loaned the Fijian Affairs Board   $20 million at no interest to broaden the participation of indigenous Fijians in commerce and business. The FAB put it all in Fijian Holdings Ltd which, n turn, invested the money in a diverse collection of businesses. In 2001 the Qarase government converted the FAB loan to a grant.No money needed to be repaid.

Qarase's family trust have a significant shareholding in FHL, the questionable ownership of which is currently before the courts.  This week  the Bainimarama government reversed the Qarase government grant, turning it back again into an interest-free loan that must be repaid by the FAB and thus FHL. Fortunately, FHL profits increased dramatically during 2009, only partly due to its sale of it Forster interests, and high dividends were paid to shareholders. The holding company should have no difficulty progressively repaying the loan.

(+) FNPF. The Fiji National Provident Fund Board yesterday paid out about US$60 million to its members after declaring a 5% interest payment for the year ending June the 30th.

(-+) R's BEFORE FACE. ABC reports that "criticism of Fiji's new media laws by Australian and New Zealand governments has been echoed by journalist and rights groups in the region." This is a world first: an echo before the sound, something like thunder before lightning. The PMs were reacting to media releases. But the echo bounced off one media outlet after another in an amazing endless procession. News Limited, sole owner of the Fiji Times, unsurprisingly  called the move "an appalling assault on free speech and a terrible blow for the fragile economy of  Fiji".

(-+) DISAPPOINTED WITH SUVA-BASED PINA (Pacific Islands News Association), the editor of the Cook Islands News John Woods is setting up a new media organization to "promote media rights and represent all media in the region." He claims PINA is not standing by its core values of defending and standing up for media rights, giving PINA's failure to condemn the Fiji Media Decree as an example."All [they] seem to do is compromise and amend our ways and talk to the Fiji regime as if it’s recoverable and as if they are trainable. Well, that is not going to happen.”

PINA president Moses Stevens dismissed the criticism and  said  they’ll continue to work alongside the Fiji regime. “Apparently some people don’t agree to how this Board is carrying out its duty in terms of the media freedom situation in Fiji. And we have said many times that the government in Fiji is not a normal democratic government that’s in place. It’s a military regime and we cannot deal with the situation as we would deal with a normal democratically elected government, and we’ve responded to that.” Seems sensible to me.  You do what you can, and don't do what you can't, thus leaving your options open to influence government when Fiji comes out of the "woods.

Stop Press "Surprise." The Prime Minister of Samoa says he will give his full support to a new media organisation being established in his country.

(o) CCF: NEW CHIEF REGISTRAR'S APPOINTMENT MUST BE TRANSPARENT. The Citizens’ Constitutional Forum says that government needs to be transparent about the appointment and also the termination of the Chief Registrar’s position, as this is essential for an independent judiciary.

“For the public and the international community to have confidence in the independence of Fiji’s judiciary, it is essential that appointment and terminations for key judicial positions are conducted in an open and transparent manner by the government,” CEO Rev.Akuila Yabaki said.

The the position should be gazetted within the Civil Service and if a suitable person cannot be found, the position should be advertised.  CCF also wants to see a civilian appointment as this would "depict a more independent judiciary," ensuring that the appointment is in line with the recommendations from the Universal Periodic Review (UPR) to the Fiji government on the judiciary.

'Whaleoil' on Travel Bans, Gavoka Jailed, Yabaki

NZ Blogger 'Whaleoil' on Travel Bans

Right-of-centre political satirist Whaleoil posted this on his blog after the McCully-Smith fiasco in Auckland:

Murray McCully was asked if there was any move to relax the travel ban placed on leading members of the regime, Mr McCully said: “We have nothing to reward.”

"On the other hand we certainly haven’t gone out of our way to try and help Fiji return to democracy. Instead New Zealand and Australia have placed impediments in the way of progress.

"Why won’t the NZ and Australian Foreign Ministers admit that the travel bans are not working? They have been in "place for nearly 5 years now and it hasn’t altered the Commodore’s stance one bit. Fiji simply doesn’t care anymore what the “rest” of the world thinks and is moving on to fresher, newer pastures – leaving NZ and Aus­tralia behind. All the travel ban has done is stop good, capable Fijian civilians from taking up government positions because a lot of them have family and friends in NZ and Australia and want to be able to travel freely – so the Military take on the government positions – someone has to do the job. The travel bans need to be relaxed. If it makes the NZ and Australia governments feel bet­ter then keep them on Frank Bainimarama and the Attorney-General Aiyaz Sayed-Khaiyum – they are probably too busy to come to NZ or Australia in any case. Relax­ing the travel bans on civilians (and judges) will mean that instead of working behind the scenes, good and capable Fijian civilians can openly help the Fijian government without fear of reprisal and a travel ban being slapped on them.

"In the end, all that the NZ and Australia travel ban stance has done is just hinder and slow the Fiji Road Map progress towards democracy and a one-man-one vote democratic election."

While the NZ Government has been pandering to officials and representatives of one of the most non-democratic countries in the world another little country that isn’t democratic but is much closer to NZ than China will ever be sets about ignoring our foolish foreign policy stance and is making new friends. Read also about his coverage of the  Fiji- Arab League visit.

Aftershock: In the Wake of a Prophecy

People not living in Fiji must be scratching their heads in amazement that the prophetic warnings of an hallucinatory pastor would see the government warning public servants to turn up to work, schools warned to stay open, bereaved families not burying their dead, people preparing emergency shelters and moved to higher grounds, tourists cutting short their holidays, and police arresting the pastor and another man, Bill Govoka, for emailing tourist operators warning them of the impending prophesised disaster.  Photo: Bill Gavoka.

But in Fiji, where people have been nurtured from childhood on the apocalypse  stories from the Old Testament (Ezekiel, Revelations) and to a lesser extent, the New Testament (Luke), this is not so surprising.

That is why so many people believed the warning that at 2:30 pm yesterday Fiji would experience a major "natural" disaster, and why even the skeptical harboured doubts. The joke of the day was: Overheard: "I don't know why some pastors like to make predictions like this, I don't believe in these bloody things."  As he made his way to higher ground. 

The gullible are not persuaded by science. They are not impressed that on a typical day 28 earthquakes are recorded worldwide; that since the beginning of the month New Zealand has averaged an earthquake a day, or that Fiji and NZ are part of the Pacific "Rim of Fire" where earthquakes are a regular event. This is Fiji and it won't be the first or last time some little known pastor will make national headlines.

What makes this time different politically is that Bill Gavoka sent emails to tourist operators warning them of the event.  He said it was his duty.  Afterall, look what happened to tourists in the Asian tsunami. Hmmm! 

A just credible story were he not a supporter of the ousted SDL Government. Did his duty also lie with them? Tsunamis, even hallucinatory ones, are not good for tourism or the economy. So Bill is in gaol pending charges under the Public Emergency Regulations.

Another difference is that the arrest of someone who added to general panic, and clearly broke PER, has been protested by Citizens' Constitutional Forum CEO, the Rev. Akuila Yabaki, who claims "the act of circulating emails to people about a claim made by a religious group about an impending disaster shouldn’t be classified as a crime."

"Everyone," he says, "has a right to freedom of thought, conscience and religion. Everyone has a right to freedom of opinion and expression. And these things, things like numerous predictions, which have been made before by religious leaders all over the world about impending religious disasters in the world, should be taken with a sense of humour and just forget it. We don’t think it's a crime.”

I usually agree with Akuila on most things but on this I must differ. I see Gavoka's actions as an abuse of freedom and no joke. My most generous interpretation is that he's naive or "not quite with it", but it's far more likely he knew exactly what he was doing. And actions that may result in public disorder or harm the economy  are breaches of the Public Emergency Regulations.

Is the person who cries "Fire!" in a packed upper storey dance hall or a sports stadium not guilty of a crime? Or a person who phones the police about an non-existent bomb at an airport?

One reader wrote: "Thanks to Bill Gavoka tourists are checking out of resorts to leave the country. I know this for a fact because my cousin called me from the biggest tourist resort in the Mamanucas. This is a major blow to our struggling economy." I cannot verify this account. Perhaps the tourists were leaving anyway.  But if they weren't, What's funny about that?

Thakur Ranjit Singh  also has an article on the prophecy.

The Max, another reader writes: "Some of the people who belong to this Pastor's church were the very ones Bainimarama removed from the country's leadership. I'm told Gavoka is a member of this church and if you care to know, resigned from Fiji Visitors Bureau and in his own words "to join the SDL office and prepare for their election campaign" which was supposedly to be held last year. Other members were disgruntled SDL supporters. What I believe happened was that their hatred of Bainimarama consumed them so much that they had a "vision". The vision was the prophesy that a severe natural disaster was going to hit Fiji. "  Can anyone verify these comments?

(B) Twenty-Three Years On From 10:00 A.M., May 14, 1987

Three items: 

Subhash Appana (immediately below); Citizens' Consitutional Forum Anniversary Release (abridged), and my comments on the CCF release.

Coup Anniversary and Forgiveness
By Subhash Appana

Today marks the 23rd anniversary of Rabuka’s coup, a coup that brought into the tranquil backwaters of the South Pacific the use of might over right as a weapon to change government. Sure, this had been the mode of choice in the good old days, but colonization and refinement by the British was supposed to have changed this more than a century ago. And like all old habits, it was supposed to have receded into the mists of time.

(o) Citizen's Constitutional Forum Media Release on Draft Media Decree

Media Laws must protect Freedom of Expression

CCF urges the interim government to urgently reconsider parts of the Media Industry Development Decree in order to protect freedom of opinion and expression in Fiji.

“The Draft Media Industry Development Decree effectively replaces the restrictions under the Public Emergency Regulations and allows strict media censorship to continue in Fiji,” says Rev. Akuila Yabaki, ”PER and censorship must be lifted so that the citizens of Fiji can enjoy the right to receive and impart information and diverse opinions.”

After attending the consultation on Wednesday 7 April 2010 and briefly reading the draft decree, CCF makes the following submissions and recommendations:-

1. Section 4(1) – If there is going to be a Media Authority, there should be guidelines or criteria on who the minister should select for the Authority. It should include the appointment of credible and experienced people from the media industry. 
2. Sections 6(2) and 9 be struck out to ensure the independence of the role the Media Authority.
3. Sections 7(c), (d) and (e), s21, and 77(1) be struck out. Terms such as “national interest”, “offends good taste or decency” are vague and subjective and are not clearly defined.
   
   
   1. These restrictions violate the principles of the Charter (Recommendation ii at p156 of the SNE Report:- “free speech and free media are basic and inviolable principles… the media must not be subject to censorship”); and
   2. Art 19 UDHR (Freedom of opinion and expression).
4. The Penalties provided are not reasonable and proportionate to the offence. A journalist should not be liable for imprisonment for up to 5 years for accurate reporting or for exercising freedom of opinion or expression. The media organisation should be solely responsible for the actions of its employees. All penalty provisions should be altered accordingly.
5. It should be a defence to any offences relating to content regulation to prove that a publication was made honestly and in good faith. Otherwise the media would not be able to accurately report on violent crimes because they might offend ‘good taste or decency’ – surely this is not intended and would be contrary to the public interest.
6. Sections 16(1), 16(2) and 84 collectively prohibit accountability of the Authority, Tribunal and the Minister making decisions under this Decree. This violates the right to an effective remedy and the right to a fair and public hearing before an independent tribunal. These sections should be removed so that people have a clear right to judicial review.
7. The broad powers given to the Media Authority under Part 5 are concerning. Section 26 gives powers to officers or agents of the Media Authority to enter, search, seize and use such force as considered necessary. The right to life, liberty and security of person should be clearly protected under this section to prevent officers using excessive or unreasonable force. These powers are unnecessary and the Police should be the relevant authority to carry out these powers.
8. Section 48(3) allows the Minister to interfere with the functions and powers of the Tribunal. This section should be struck out to ensure the independence of the Media Tribunal.
9. Section 77 should be removed. This mirrors provisions under PER which allow government censors in newsrooms and duplicates existing powers under the Public Order Act and the Crimes Decree. The power to shut down all activities and operations for breaching of this section is excessive and unreasonable.
10. State owned media organisations should be required to operate under the same rules and regulations as private media organisations for reporting accurately and responsibly. Applying different standards based on ownership is unjust and undermines equality before the law. The exemption for state owned media organisations should be removed.

In February 2010, the UN Human Rights Council strongly recommended the Fiji Interim Government lift PER and media censorship. The proposed decree does not ease media restrictions.

“In order to meet its human rights obligations, the interim government must address the concerns raised by the civil society, the media industry and the international community about the independence of the media industry and protecting the right to freedom of opinion and expression”, says Akuila Yabaki.

CCF would welcome open and inclusive dialogue and discussion on the importance of freedom of expression and opinion before this Decree is passed.

For further information, contact CCF on ph: 3308379 or fax: 3308380.

Rev Akuila Yabaki

Chief Executive Officer

Website: www.ccf.org.fj

Email: ccf@connect.com.fj

 

(o) Assassination Plot Update 1.3.10

Last week closed with the last witnesses called. Tomorrow Tuesday defence or prosecution defence lawyers will make their concluding remarks.The following reports were published late last week.

David Robie's blog Cafe Pacific, reporting the dropping of charges of conspiracy to murder Aiyaz Sayed-Khaiyum and Mahendra Chaudhry because of "ambiguous" evidence, writes:

"Ironically, the Citizens’ Constitutional Forum today also issued a statement calling on the regime to take urgent action over the independence of the judiciary. Reverend Akuila Yabaki, director of the CCF, called on the government to invite the UN Special Rapporteurs on the Independence of Judges and Lawyers to visit Fiji as soon as possible." 

The charge of conspiracy to murder Bainimarama still stands.

Ratu Inoke takes the witness stand.

Accused Barbados Mills gives evidence
Former Counter Revolutionary Warfare soldier Barbados Mills  said his involvement in the alleged assassination plot against Army Commander Voreqe Bainimarama was because he was under threat from the military, “whether we took part or not, we’d face the full brunt of the military”. Mills today told the court that State witness Corporal Peniasi Kuli initiated the plot to kill the PM and members of his Cabinet, not his group.

Mills said in one of their meetings, he asked Kuli what weapons they were going to use in the assassination and Kuli gave a verbal list. “I was at the meeting because I wanted to see what he was up to. I wanted to see what was going to happen. “It was never my intention to join him in his plan,” Mills told the court. He said he never once called Corporal Kuli. “Kuli was always calling me. He was harassing me, pushing me for this execution plan to go ahead,” he said.

Mills said he never trained with Kuli and his group at Wailase, Naitasiri. State prosecutor David Toganivalu suggested that Mills had trained Kuli and his men to take over the 3FIR, to which he said, no.“Thirteen skilled CRW tried to take over the army camp but couldn’t. These guys are not skilled, it would be a bloodbath,” he said. He added that the 3FIR was the most dangerous place in the military, the most populated and well-armed and it would not be possible for a small group to do it.  Mills said that even though he was only 15 metres away he could not kill the Commodore because "it was not his orders." He was ordered to secure the Officer’s Mess [and] "when orders are given, we follow them. The legality of orders are the responsibility of my superiors."

Mills also claimed the assassination plot came within the Military Council because they "didn’t like the way Commodore Voreqe Bainimarama was running the government, as he was taking it in a direction different from what the Council wanted." He was told this by Kuli who mentioned Major Isireli Narawa. Mills also denied all allegations that he called Kuli up to hold the 14 meetings to discuss about the plot.

He told the court the only reason he was tolerating Kuli was because he was trying to find a solution to try and diffuse the situation because the former CRW soldiers were being watched and threatened by the Military. He has not reported the meetings "because he had lost faith in the Police Force."

Sivaniolo Naulago gives evidence
Naulago, the General Manager of Ballu Khan's Pacific Connex, claimed military officers who assaulted them during their arrest were making racist comments against Ballu Khan and claimed in court of constant harassment by the Fiji Military Forces after the events of December 5th 2006.His co-accused were hired to work as Security guards for Ballu Khan.

(-+) This Level of Censorship is Unnecessary and Counter-Productive

Opinion 
FijiLive reports that CCF's Rev Akuila Yabaki  "has welcomed the Government’s participation at the recent United National Human Rights Council Universal Periodic Review (UPR) in Geneva." Almost certainly Yabaki and the Citizens' Constitutional Forum (CCF) said much more than this but, just as certainly, it was censored out.
Photo: Cafe Pacific.

Recently CCF appealed by email to people to publish their concerns about an independent judiciary because censorship prevented  publication in Fiji.  FijiLive's "abbreviated" release proves their point: the one "positive" comment was allowed; all other comments, no matter how constructive, were not. 

This blog reluctantly recognizes that full media freedom is not possible in Fiji at present, and is probably justified in the short term. Long before censorship was imposed, we were highly critical of media bias against the government, most notably by The Fiji Times. 

But this blog also condemns this unnecessary high degree of censorship on two grounds: First, CCF is not unsympathetic to what government says it it trying to do. Indeed, it participated in the NCBBF/Peoples' Charter process and has co-operated in a number of government dialogue initiatives. But CCF is also, and justifiably, concerned about government over-stepping the boundaries of good governance in its haste to implement reforms. CCF is not saying the judiciary is never independent, but that it must been seen to be independent, and on occasion has seemed not to be. This is a reasonable warning in the circumstances. 

Secondly, in these same circumstances, one would hope government would see that the  CCF could play a vital role in its own plans. It is a fair and independent watchdog on government; it provides government with feedback from the "middle ground" of which it is a part,  and it is respected and closely watched in Fiji and overseas. 

Government and its censors should recognize that only the inept and inebriated believe a country has only "positive" news. It takes a mix of good, neutral and negative news to make the positive news believable.

Who better to provide this than the highly respected Rev. Yabaki and the CCF!

 -- Crosbie Walsh.

Footnote: There's still no decision on whether The Fiji Times and FijiTV will be included in discussions on the Media Decree. If these two giants are excluded, how meaningful is the participation of others? And what has government to lose by their inclusion?