Chiefs: Some Notes for Your Input

Pn12.
Last weekend I published Fr Barr's article on poverty and announced a new focus for the blog in which each weekend I'd provide thoughts on a major issue.  Prompted by the parliamentary petition on the Great Council of Chiefs, I selected chiefs as the issue for this weekend. But on Thursday, after months with no proper rain, we had a deluge with flood water a metre deep in the Porirua CBD and the roof of my recently constructed patio leaking buckets.  I've spend the last two days redesigning the roof and the job is still not finished. Old bones get a little unsteady at the top of ladders.

I'd started to take notes on the promised article and re-read chunks of Ratu Jone Madraiwiwi's A Personal Perspective,  but the finished article is a long way away.  Here's some of my notes to date. Perhaps you'd like to help by adding comments that I can use in the article.

Who are the actors? The Great Council of Chiefs, the Paramount chiefs, other chiefs, the Taukei, non-Taukei, parliament (government and opposition) Government in the wider sense. and legal Taukei parallel and complementary administrative structures such as the Land Trust Board and Provincial Councils, and perhaps also the military.

What are the issues? Tradition and identity in the modern world, the need and capacity for change, ethnicity particularism and 'privilege', the need to build national unity, threats to national unity, government claims to represent all so no need for GCC,  lack of consultation (by government and by the chiefs), is democratic participation possible in a Taukei context? And most of all POWER, its use and possible use by the main actors, and what this might mean for almost everything else.

Fiji's post-colonial past was dominated by a Taukei hierarchy comprising the GCC, some other chiefs, an urban elite, Methodist Church leaders, and in a fall back position, the military.  Hence the 1987 and 2000 coups when the predominantly Indo-Fijian Fiji Labour Party briefly became government. What was the role of the GCC in the 1987, 2000 and 2006 Coups?

The 2006 coup/military takeover meant different things for its main protagonists. Early idealism was generally replaced by pragmatism. Holding power and the nation together was achieved by limiting the media, free speech and the labour unions, and supporting business. The support of rural grassroots Taukei (generally the less educated and worldly Taukei who supported the chief and church)  was won by promoting infrastructure development  and women's initiatives aimed at increasing household incomes. Military support was achieved by removing possible dissident officers. The outcome, with respect to the former Taukei hierarchy, was that the Bainimarama Government progressively weakened and silenced the chiefly hierarchy and the Church.

Ro Teimumu and SODELPA want to see the reinstatement of the GCC for probably mixed reasons. Government sees a resurgent GCC as a potential threat to its control of power.

Are compromises possible? For example, a GCC dealing only with traditional issues (land, inheritance, ceremony, succession) but no political input? Provincial Councils with non-Taukei representation?

For almost all of the players and factors one needs to start with clear definitions. For example, who decides who is Taukei and who is not;  how paramount are the paramount chiefs in the West and how important are they when one of the three positions has been vacant for many years?  Is it favouritism if Taukei get special First Nation treatment, and extra help to bridge the business ownership, employment and education gaps, or will this enhance national unity in the longer term?

As you can see, my thoughts are still unorganized.  Your input would be most welcome.

Thank You, No Thank you, Ratu Naiqama; Revisiting the Lease Payment System

N0104. THANK YOU, NO THANK YOU, RATU NAIQAMA.
Coup 4.5 has released a statement from the Gone Turaga na Tui Cakau dated 3 January offering to help Government.

These extracts capture its essence:

“The Tui Cakau wants to open a dialogue with the PM to show him “the reality of what is happening in Fiji, [assist him] with an alternative set of advice from that which he is receiving at present [and impress upon him the] “the folly of disregarding the role of the Great Council of Chiefs and its role in national affairs in times of distress:- eg. 1874, 1987, 2000 and the present.” [my emphasis]

Comment

The Tui Cakau, Ratu Naiqama Lalabalavu, seems to think all the Cakaudrove vanua are behind him (which is certainly not so) and that the only way forward is to reconvene the Great Council of Chief, several of whose members were party to the 1987 and 2000 Coups.

The GCC was so politicised during the time of the Qarase government that it did nothing to warn against or stop the divisive and racist legislation that was a major factor in causing the Bainimarama coup. Indeed, Ratu Naiqama held several portfolios in the Qarase government including Fijian Affairs and he personally was instrumental in advancing the proposed legislation.

Ratu Naiqama was also a leader of the ultra-nationalist Conservative Alliance (Matanitu Vanua) party that included prominent Speight coup supporters and chiefs.

Its policies called for Fiji to be a declared a Christian state and for the offices of President and PM to be held solely by ethnic Fijians. Many members also thought the British government should repatriate Indo-Fijians to India!

To avoid splitting the ethnic Fijian vote (and because it was deeply in debt with legal costs arising from defence of the 2000 coup plotters), his party dissolved after the 2001 elections in which won six seats. Its more prominent members joined the Qarase's SDL party.

In 2003, while a Cabinet Minister in the SDL government, Ratu Naiqama is reported to have called for an overhaul of the country's constitutional institutions, saying that political authority should be returned to the chiefs. As a first step, he called for the abolition of Senate and its replacement by the Great Council of Chiefs.

So last month's statement is not the first time he's made the same incredible suggestion.

Ratu Naiqama is head of the Tovata Confederacy (Qarase is one of his subjects) and one of Fjii's three paramount chiefs. In early 2006 some chiefs wanted him to become President or Vice-President but the Great Council of Chiefs, wisely on this occasion,  re-elected Ratu Iloilo and Ratu Madraiwiwi.

His latest public statement should fool no one of his true intentions.

N0105. LANDOWNER PAYMENTS SYSTEM SHOULD BE RE-VISITED. Two readers have raised concerns about the NLTB new system of distributing rent money.

Rusi Baleisale says "It would not take much for each family of a tokatoka or mataqali to have a bank account for family members and this is how most landowners read Frank's [earlier] announcement. Giving a lump sum to each trustee account is only  continuing the past problems but shifting it from chiefs to trustees. Tinkering with the problem does not solve it. I already know of two trustees who are going to forward the normal percentage to their Ratu. The rest of the trust members are too timid to protest and claim their share."

Cicero raises the question of the NLTB 15% administration charge: "Can you think of anywhere at all in the world where 15% would be considered a 'reasonable' rate to deduct for admin costs? Those responsible would be sacked then and there! Outsourcing should be imperative and it should be done NOW! 3% MAXIMUM for administration. Who is creaming off this fat? It would merit a riot anywhere else.

I take back my hasty comments on this issue, apologize to Fiji Today, and urge government to address these very legitimate concerns. Why can't money be paid into family accounts, and how inefficient — or grasping — is a government rental agency that it charges this exorbitant 15% admin charge?

Jone Baledrokadroka's Ideas on Legitimacy, Negotiation and Mediation

Opinion by Crosbie Walsh

Photo: Jone Baledrokadroka.

 I quote Jone Baledrokadroka, a former senior RFMF officer now living in Canberra with a scholarship to ANU, writing in CoupFourPointFive:

PM's 2011 Message, Great Council of Chiefs Political, Fiji to Complain NZ Misreporting Bainimarama's Death, Coup4.5's Mr X

SCROLL DOWN TO WEEKEND POSTINGS

PM'S NEW YEAR MESSAGE. "We must all work together and not shy away from taking tough decisions." Click here.

GREAT COUNCIL OF CHIEFS MUST BE APOLITICAL. For many years the GCC has been a body that exerted considerable influence on Fiji politics.  It appointed the President and Vice-President, appointed nearly one-half of the members of Senate (that could veto legislation), and "approved" the SVT and later the SDL parties to represent ethnic Fijians in parliament. It supported Qarase's Qoliqoli and Reconciliation legislation, and after the 2006 coup refused to appoint a Vice-President nominated by the Bainimarama goverment which led to its suspension. 

Government is committed to removing politics from the Great Council of Chiefs, and wants chiefs, not politicians and civil servants. These comments were made by the permanent secretary to the Prime Minister’s Office, Colonel Pio Tikoduadua while confirming that the re-convening of the Great Council of Chiefs was among the issues discussed by the PM and the Tui Cakau Ratu Naiqama Lalabalavu at their  meeting before Christmas. The GCC remains adjourned for now but government is looking into this and will call a meeting  as and when the need arises. Meanwhile, Government has been convening the meeting of tikina (district) chiefs, and the Bose ni Turaga (Council of Chiefs that has a much larger membership) has already sat three times. These chiefs are constantly in touch with the people and provide a wider representation of  chiefs from the 14 provinces.

FIJI TO COMPLAIN NZ HERALD MISREPORTING. Bruce Hill of the Australian Broadcasting Commission interviews Attorney-General Aiyaz Sayed-Khaiyum and a spokesman for CoupFourPointFive on the story carried by the NZ Hereald earlier this year that PM Bainimarama was dead.  The A-G says Fiji will complain to the NZ media authority. The blogger said such false reports were due to media restrictions in Fiji; the Bainimarama government was "hugely unpopular" and "hanging in by the skin of their teeth" which was a good political plug but irrelevant in the context of Bainimarama's misreported death.  Khaiyum said the paper could at least have checked out its story.  Asked what sort of penalty he expected, he said he was not familiar with NZ penalties but thought the paper could at least apologize. Thank you,  Bruce, for airing this story. It apparently did not merit a mention by the NZ media.

VOICE BUT NO FACE. So whose was the mystery voice on the ABC interview, and why if we had a voice did we not also have a face and a name?  I couldn't hear every word he said, and had to listen twice before I could pick up his general argument, but he sounded male in his thirties, causasian or someone who has lived for years and been educated in NZ, and he's possibly a journalist or someone who makes his money from words.  I doubt he's been to Fiji in recent years but he obviously has some connections, perhaps through once living or working there, or through friendships in Auckland. CoupFourPointFive has several editors.  I suspect he was chosen as spokesman because he had the least reason to conceal his identity. Other anti-Bainimarama bloggers such as Sai Lealea (FijiCoup2006), Peter Firkin (FijiToday), Adi Elisapeci Samanunu Waqanivalu (Luvei Viti) and even Mere Samisoni in Fiji (Matavuvale), reveal their identity.  It would be good if we could put a face to Mr X from CoupFourPointFive.

Chiefs, Reforms Before Elections, No FHL Dividend, Sugar, PSA Warning, Rural Development

See new QUOTE FOR THE WEEK in the right sidebar.

CHIEFLY SHENANIGANS, an anonymous reader, made this comment to the Ro Teimumu item last week. It's hard hitting but none of the hits are below the belt. The writer is not anti-chief, but he or she does want chiefs to put the interests of their people and the nation first, and not "squandered both their inheritance and the trust and confidence of the Vanua."

For all their posturing in the Vanua, Ro Teimumu and the Qaranivalu are a bloody menace for the country as a whole. These paramount chiefs are a throwback to a not-so-distant past of competing confederacies, jealous rivalries, feudalism and religious and racial bigotry. They act as they feel, with no apparent sense of responsibility for helping to create a vibrant, successful, multiracial, modern nation. Each of them is in trouble for different reasons, Ro Teimumu for masking her political intrigues behind the veil of religious freedom, Ratu Inoke, for a reckless and ( if he's found guilty) perhaps murderous attempt to seize power. Yet they share the same appalling flaw, thoroughly incapable of leading their people beyond the mindset that keeps the i'Taukei prisoners of their past. These two individuals exemplify everything that is wrong with the chiefly system in Fiji today - too many feeble minded and selfish hereditary figures putting their own ambitions and interests before those of their own people and the nation as a whole. It's especially tragic when we think of some of the great chiefly figures of the past, individuals of real accomplishment and mana who commanded the respect of everyone. What a pathetic bunch most of their successors have proved to be, some of the great family names and titles so traduced they're now regarded with general derision and ridicule. These people have squandered both their inheritance and the trust and confidence of the Vanua. Unless the chiefs as a whole wake up to themselves, surely it's only a matter of time before the whole house of cards comes tumbling down.

REFORMS BEFORE ELECTIONS. PM Bainimarama has  again said that his overseas critics -- the Commonwealth, AusNZ -- do not understand or accept that reforms, especially on racial issues and corruption musst come before elections. In the words of the song, "When will they ever learn?" But perhaps they don't want to. Things could be going just as they want them to.

NO DIVIDENDS BY FHL. The Itaukei Affairs Board has advised all provincial council offices to restructure their budget estimates to cater for a decision to withhold Fijian Holdings dividend payments to the 14 provinces.

The dividends will  be used instead to  pay off the $20m loan made by Government in July.  This loan was used to pay off a 1991  interest-free loan from Government that was later, in 2001, converted from a loan into a grant by the Qarase government.  This action will not be popular in some circles but it's a clear message that itaukei commercial institutions must be responsible entities, that stand on their own feet. Loan repayments are expected to last the next eight to 10 years.

CANE FARMERS DISPUTE FSC CLAIMS.It's last week's story but the situation described has been fairly typical of all the sugar growing areas for some time. The Fiji Sugar Corporation claims crushing problems at the Labasa mill are fixed. The National Farmers Union and farmers disagree.  The NFUsays operations are slow, and local farmers were expecting to suffer a loss this year.

Hirdesh Narayan of Seaqaqa said he was finally able to deliver a truckload of cane yesterday after two weeks. Farmers have been told to stop harvesting until the FSC tells them otherwise. "We are not sure whether to send our labourers home or continue feeding them," he said. He had hired 13 labourers from Qamea at the rate of $10 per tonne and provided them meals at $250 a week in addition to $700 in transport costs. "We are spending money on meals which could have been prevented," he said."The labourers are not cutting cane but getting free food. These expenses are too much for us."

GOVERNMENT WARNS GOVERNMENT. Fancy the Australian or NZ PSA having to remind government departments to register their employees in a compulsory superannuation fund. Wouldn't happen, would it? No department could be so inefficient.  But that's what's happening in Fiji. Public Service Commission permanent secretary Parmesh Chand  says that repeated reminders for all ministries and departments to register their employees with the Fiji National Provident Fund had not been acted upon.  He has warned them shape up or fines and even jail sentences may follow.

It's not that FNPF contributions have not been deducted from pay packets; the problem is that the NLTB doesn't know who they're from. so there's a “substantial sum of unidentified contributions” in the FNPF Suspense Account. Next week the FNPF will start half-day compulsory training sessions for government desk officers directly involved with appointments and processing of salaries.  This is the sort of inefficiency that the PSC and Government are trying to get rid of in order to deliver on its improved infrastructural promises.

RURAL DEVELOPMENT & DISTRICT ADVISORY COUNCILLORS. Rural infrastructure development was the focus of discussions among District Advisory Councillors late last week. Director Multi Ethnic Affairs, Sushil Sudhakar, encouraging councillors to work together for a common good. He said the Department had provided financial assistance to 112 community self help-projects in the first half of this year, and the Scholarship Committee has approved 800 new awards. The Director also urged people to utilize the new Nausori Multi-Cultural Centre for which a grant of $20,000 has been allocated. Tailevu District Advisory Council chairman, Mr. Mohammed Altaaf Hussein, said it was high time people started income generating projects, such as backyard gardening and small scale poultry farming, to reduce poverty in the country. People needed to do more to help themselves. -- Based on 2010 No:1413/MOI.

Can anyone tell me more about the District Advisory Councillors? It is a level of dialogue that is not being reported.  Who are they? Who and how are they appointed? What is their job? How do they communicate with the people in their district? How is feedback assured?

Ono-i-Lau, Cakaudrove Apologize, Matanigasau - What Do They Mean? Aus Aid, Pacific Media Centre

Ono-i-Lau.Volcanic and coral; 7.9km2, max.elevation 113m. Pop.about 300.  Nearest island,Vatoa,90km. Distance to Suva 400km. Strong Tongan influences. Distance to Tongatapu 280km. photo  commons.wikipedia.com

(+) ONO-I-LAU APOLOGIZES. As the PM's tour of the Lau Group continues, Fiji's southernmost island offered a traditional apology for not previously supporting Government. The PM told the islanders that his government is making numerous changes to bring rural people in developments they had not seen before.Government's focus is now on education, health, water, roads and electricity as well as removing race based politics. Once again, the PM condemning previous goverments that had used a chief and church power base to stay in power, he said he wants to hand over power to a Government after the 2014 General Elections "that will stand for a good country and one people."

(+) GOVERNMENT NOT DISRESPECTFUL OF CHIEFS OR CHURCH. PM Bainimarama  told villagers on Ono-i-Lau that Government had not dissolved the Great Council of Chiefs out of disrespect but to stop politicians from influencing and manipulating the august body. He says the chiefs were getting involved in politics and seeking more for themselves than looking after their people. Actions against the Methodist Church were taken for similar reasons. He knew that the island had supported the SDL government but many did not know the problems and instability they were posing to the country. That is why the Military removed them from power.


(+) CAKAUDROVE PROVINCE SUPPORTS THE GOVERNMENT. The Cakaudrove Provincial Council meeting in Savusavu yesterday and today  will discuss the proposed new village by-laws and the registration of turaga-ni-koro (village heads). A motion put to the meeting to support the Government was supported by all of the province's 15 tikinas (districts). It is significant that the motion was first discussed by Bose va Koro (village meetings) and by the Bose ni Tikina before being brought to the Provincial Council. It may also be significant that the Paramount chief of Cakaudrove, the Tui Cakau, who is not a Government supporter, was not present at the meeting citing personal reasons.

WHAT DO THE TRADITIONAL APOLOGIES MEAN? With most areas of Fiji now having apologized to the PM for not previously supporting his Government, is it important to know what the matanigasau (traditional apologies) actually mean.

Anti-government bloggers say they are merely a means of seeking Government "development" largesse; others say they mean nothing because most are by provincial councils and not by the vanua (people); and others say it is the way of ethnic Fijians to protect their backs by following the wind. A contrary view is that the matanigasau are evidence of a significant shift in popular support towards Government. More ordinary people now know what it wants to do; what the Qarase government was doing, and what is now being done to improve their lives. Seen in this light the matanigasau could be seen as a referendum on Government's Roadmap.

It is, of course, impossible to know the sincerity of the apologies but their importance should not be underestimated. Nor should it be forgotten how the ousted SDL Party came to power. Speaking to Pacific Scoop last September, Bainimarama was asked why he didn't have democratic elections and leave an elected government to make political reforms. He replied: “In Fiji, you don’t come up with your own vote. Your vote is dictated by the chiefs. It is dictated by the Great Council of Chiefs. It is dictated by the provincial councils. And it is dictated by the [Methodist] Church. So it’s not your vote. So don’t tell me that's democracy." 

If this was the case before -- and it was -- the matanigasau would seem to be at least as representative now of ethnic Fijian opinion as the 2006 Fijian communal votes -- and possibly a whole lot more. The only question now is whether they would go back on their apologies and support for Government if the same group of chiefs and churchmen who helped Qarase win the 2006 elections were allowed to resume their former ways.

AUSTRALIAN PACIFIC AID 2010-11  ($Amillion). PNG 457.8, Solomon Is 225.7, Vanuatu 66.4, Samoa 39, Fiji 37.2, with smaller amounts to other PINs.

PACIFIC MEDIA CENTRE (www.pmc.aut.ac.nz). Big changes are being made to the Pacific media websites associated with AUT's veteran Pacific journalist Prof. David Robie that may cause some short term inconvenience as the PMC upgrades its websites over the next few months. Pacific Media Watch (www.pacmediawatch.aut.ac.nz) is temporarily suspending its regional Pacific Media Watch e-list monitoring service, but it is maintaining its online D Space database updates.The PMC team will continue to provide contextual and in-depth coverage on media and regional news through its various services, such as PMW Online (www.pacmediawatch.aut.ac.nz), Pacific Media Centre on YouTube (www.youtube.com/pacmedcentre), Twitter(http://twitter.com/pacmedcentre) and on Pacific Scoop (www.pacific.scoop.co.nz). The Centre also produces Pacific Journalism Review (www.pjreview.info).

(G) A new Fiji in 2014: Bainimarama

In his clearest statement so far, PM Bainimarama has spelt out what he intends for Fiji's future: Elections will be held in 2014; the country will be run by Government (and not the Great Council of Chiefs or the Methodist Church) and "the Military will always be there to see the path taken by the new government is on the same track."  Sinister as this may seem to some, it is similar to other former colonial countries, such as Indonesia, Philippines and even Singapore, where the path to democracy followed a different route from Western democracies.  Radio Fiji reports:

Fiji’s Prime Minister Commodore Voreqe Bainimarama has told civil servants on the island of Kadavu that only government and no other institution will run the country.

Bainimarama says the Fiji military that took over the country in 2006, was different from the military that took over in 1987 and 2000.

He added that there would be no delay to elections being held in 2014, but the military would ensure the new government keeps to the path they have set.  FBC Reporter Apisalome Coka is in Kadavu with the Prime Minister’s delegation and filed this report:

"Speaking to civil servants at the Vunisea government station Prime Minister Commodore Bainimarama declared that Government will run the country and no other institution, such as the Methodist Church or the Great Council of Chiefs.

Bainimarama says this is where past governments have failed. The PM urged civil servants to work together. He said the country has a new military in place that is much different from the military that took over in 1987 and 2000.

Bainimarama told civil servants the military council has suggested he bring in four of his colonels as Commissioners* as he wants quick responses to what the people need."

"The Commander has also called on government officials in the province to urge the people to stand by the People’s Charter. He says the People’s Charter is the backbone to the reforms being carried out in the country.

"He also revealed that officials from the World Bank who visited the country last November supported government plans and told him it was the best for Fiji.

"Bainimarama also confirmed there will be no delay in elections scheduled for 2014. He said by 2014 Politicians, church leaders, chiefs, and all those in leadership roles should be ready to continue where his government has brought the country to. But he warned the Military will always be there to see the path taken by the new government is on the same track." For FBC News, I'm Apisalome Coka."

* Regional administration is overseen by commissioners of four "Divisions," Western, Northern, Eastern and Central. The large (478 km2) island of Kadavu, a little smaller than NZ's Lake Taupo, is 80 km2 south of the main island Viti Levu (10,429km2)

Snippets: Grassroots Democracy, GCC Complex Opening, Police for Sudan, Denarau

Grassroots Democracy at Work:

NGO Bus Fare Petition has 20,000 Signatures

The non-government organization Ecumenical Center for Research, Education and Advocacy (ECREA) has gathered 20,000 signatures, mainly in the Lami, Suva, Nasinu, Nausori corridor, requesting Government to reverse its July decision to allow a 13 percent increase in bus fares. ECREA's Chantelle Khan (photo) said the NGO had also been invited to Naitasiri this weekend where people have started their own petition drive. And from Nadi women from community groups have emailed expressing their full support. It will be interesting to see how Government, that seeks to reduce poverty, will respond to this display of grassroots democracy at work. -- Based on FijiLive.

GCC Complex Opening: Unity and Some Conspicuous Absences

The Vale ni Bose Vakaturaga, the Great Council of Chief's complex at Navosa, Suva, was opened on Friday by former President the Turaga na Tui Vuda Ratu Josefa Iloilo. The opening came exactly 134 years after the first meeting of chiefs after Fiji was ceded to Britain in September 1875.

The GCC approved construction that cost F$23 million in 2001. The ground-breaking ceremony was officiated by the late Tui Ratu Ovini Bokini in 2004, and in 2005 the Marama Roko Tui Dreketi Ro Teimumu Kepa performed the vakasobuduru. Below the loru (the timber supporting the roof) of the chiefs' meeting room is an inscription that reads Me dua vata ga na keda i vau (to unite). Several chiefs pointed to its special importance in the present political situation.

Tui Macuata Ratu Aisea Katonivere said the inscription on the loru spoke volumes for Fiji as a country and the people. "Unity," he said, "is paramount, not only for the indigenous population but for all those who call Fiji home." Kadavu Provincial Council chairman Ratu Varani Rayawa hoped the complex would "brings the people together."

A number of high-ranking chiefs, however, were noticeably absent from the opening. They included the staunch Government opponents the Roko Tui Dreketi, Ro Teimumu Kepa, the Tui Namosi Ratu Suliano Matanitobua, and Tui Cakau Ratu Naiqama Lalabalavu. The chiefly household of Mataiwelagi in Bau representing the Kubuna confederacy was only represented by the acting President Ratu Epeli Nailatikau. Another notable absentee was Nadroga's Turaga na Ka Levu, Ratu Sakiusa Makutu.

Chiefs present included Naitasiri high chief Turaga na Qaranivalu Ratu Inoke Takiveikata, Tui Macuata Ratu Aisea Katonivere, Rewa chief Ro Epeli Mataitini, Bua chief Ratu Filimoni Ralogaivau, and the Turaga na Tui Ba Ratu Sairusi Nagagavoka. -- Based on reports in FijiVillage, Fiji Times and Fiji Live.

More Fiji Police for UN in Sudan

Despite the international pressures from Australia and New Zealand, an additional 20 police officers from Fiji will now be deployed in December to serve in the United Nations Mission in Sudan. -- Fiji Live.

Denarau Companies in Receivership

Two companies associated with the Fiji Beach Resort & Spa managed by Hilton are in receivership.They are Denarau Investments and Denarau International.The Hilton is continuing to operate the 160-villa resort on Denarau Island but completion of the property's expansion with an extra 90 villas is now in doubt. -- NZ Herald.

(B) Fiji Chiefs' Meeting House to Open, and the Future of the GCC

The multi-million dollar meeting house of Fiji’s Great Council of Chiefs is to be opened tomorrow, four years after construction began. PM and Minister for Indigenous Affairs Bainimarama has yet to confirm when the GCC, suspended in early 2007, will be reconvened. Following its dissolution, the interim Government approved new membership criteria limited to only those who have been traditionally installed, are not involved in politics, and do not have a criminal record.

The new-look GCC, with a total of 52 members, 10 less than the previous GCC, is to be chaired by the Indigenous Affairs Minister.This includes three representatives each from the 14 Fijian provinces and Rotuma, while the Minister will appoint six co-opt members who are chiefs who have been traditional installed and recorded as such in the register of Native Landowners administered by the Native Lands Commission.
Read more...
Each member will take an oath of allegiance before the President and can seek re-appointment at the end of their three year term.

According to the GCC decree, members are disqualified if they are an un-discharged bankrupt, are serving a prison term, contested the general elections, were office bearers of a political party, held public office, including Senate and the House of Representatives over the past seven years preceding their appointment to the council, have a previous conviction in the 10 years leading up to their appointment in the council, particularly if they had served a term of imprisonment of more than six months, have allegiance, obedience or adherence to a power or State outside Fiji including being a citizen or resident of another country, have an unsound mind in respect of the Mental Treatment Act. -- Based on FijiLive. Photo: Connect.

Snippets: Great Council of Chiefs, Methodists, Police Jesus Strategy, Australian Travel Bans, MSG Dialogue Offer

Read comments on this post byh clicking "comment" at the end.

Great Council of Chiefs
PM Bainimarama told FijiLive that with the abrogation of the 1997 Constitution, “there is no Great Council of Chiefs”.On whether the GCC will be part of the new constitution proposed by his government, Bainimarama said “I can’t say now”.The GCC had entrenched provisions in the 1997 Constitution with powers to appoint the President and Vice-President.

Comment: Letters to the editor thought the GCC should not be engaged in national politics as it had in the past, but thought the GCC had a important traditional role to play on matters concerning ethnic Fijians.

Methodists to Hold District Conferences
FijiLive reports that police have given the green light to the Methodist Church to hold individual district conferences on the condition that no two districts can merge. Districts are now free to have their own conferences and bazaars to raise money. Earlier, Government forcing the cancellation of this year's Methodist church's annual conference because it considered the agenda included political items and thousands of people at one venue to be unsafe. Last year over $2 million was collected. It is expected more will be collected this year because people will not have the expense of travelling to one venue.

Police Adopt Jesus Strategy
All police stations as part of the Police Christian Crusades are now answering the phone by saying “Praise the Lord. How may I help you?” Police say they are trying to change their image by adopting the Jesus strategy. --FijiLive.

Comment: I find this whole approach distasteful. Fiji is not a Christian state; the strategy runs contrary to the Government's stated aims of ethnic and religious equality; many policemen are not Christian, and many Christians would doubt the sincerity of such routine utterances.

No Amount of Pressure Can Deter Fiji
Fiji's Acting High Commissioner to Australia Kamlesh Arya has told a major conference in Australia saying that no amount of pressure can deter Fiji from having elections in 2014. The constitution will be changed despite the pressure from countries like Australia and NZ. Arya remains in an acting capacity despite requests to Canberra that his position be upgraded.

Australian Travel Ban Relaxed for Chaudhry. Why?
The Australian High Commission in Suva would not comment on why a former senior member of the government, Mahendra Chaudhry, was allowed to enter Australia. Fiji Village has asked whether the policy has changed and whether people are removed from the travel ban list when they cease to be in government.

The High Commission only said that travel restrictions against those responsible for the December 2006 takeover, and appointees of the government which includes Commodore Bainimarama, high profile coup supporters, ranking military officers from warrant officer rank and above, and their families, remain in place. It said the travel restriction includes other RFMF members but not their families, government ministers and their families, government-appointed senior public servants and government appointees to government boards. --Fiji Village.

Should ex-PM Qarase be Allowed to Travel Abroad?
A Fiji Live public poll asked "Should deposed Fiji PM Laisenia Qarase be permitted to travel abroad?" 33% said yes; 67% no.

MSG Chair Willing to Host Dialogue
The chairman of the Melanesian Spearhead Group and Vanuatu's Prime Minister Edward Natapei said he is willing to host a dialogue with different groups from Fiji. Natapei has told Radio Australia that it is too early to give up on Fiji, and thinks reconciliation with groups opposed to the government could help resolve the situation. He has started working with the Pacific Council of Churches, to try and get all the groups from Fiji together, including Commodore Voreqe Bainimarama, and then host a reconciliation meeting in Vanuatu. He said reconciliation of the groups is needed but the question is whether the different groups are ready to participate.PM Bainimarama said he does not want to comment on the matter. -- Fiji Village.

Comment: Dialogue is necessary but Natapei is rather naive if he thinks groups opposed to the Government will voluntarily dialogue when they still have the support of Australia and New Zealand, and the chance of forcing Bainimarama to accept elections without prior electoral reform. Similarly, Government will not dialogue unless the opposition accept the need for constitutional change and electoral reforms before elections are held. The UN and Commonwealth have also said they will assist dialogue but Government is to put no constraints on discussion. Which takes us back to square one.

My view is that approaches should be made to the opposition to see what they are prepared to concede. Will they agree to scrap the Alternative Vote system, the abolition of race-bound communal electorates? Will they agree to each person's vote being of equal importance? The repetition of demands to Bainimarama have achieved nothing, and probably made the situation worse.

(+) Ro Teimumu's Actions Deliberate, Calculated and ... Clever

UPDATE. Ro Teimumu, charged with Contravening Public Order Act, Breaching of Public Emergency Regulations and Inciting against Public Order by publishing a letter on the internet, was released on a bail of $500 yesterday.

The Revs Ame Tugaue and Tuikilakila Waqairatu, charged with Contravening Public Order Act and Contravening permit to hold meeting, have also been released on $500 bail orders, asked to surrender their passports, and told not to associate with former church presidents Manasa Lasaro and Tomasi Kanailagi, who will appear in court today. -- Information from Coupfourpointfive.

No matter how much her supporters may protest this is not the way to treat a chief, even if she did break the law; no matter whether she spent the night in police or army custody; whether the Public Emergency Regulations are "right" or "wrong," or the Bainimarama regime legitimate or otherwise, there can be absolutely no doubt that Ro Teimumu's action in publishing a public web statement that the Methodist Annual Conference would be held in Rewa (in defiance of the Government ruling that the Conference would not be held) was a very deliberate and calculated decision. There is little doubt either that she expected to be arrested. It would not have served her purpose not to be.

So what did she hope to achieve? That the military leadership would change its mind, back down and allow the Conference? I doubt it. Did she seek the accolades of the Methodists and Fijian nationalists? No. She is a Catholic, and she already had the support of her own people, as well as that of extreme Fijian nationalists. Accolades from civil rights activists? Unlikely. Chiefs and democracy seldom go together, and although normally a pleasant, friendly person, she was never noted for her defence of democracy or civil rights.

Ro Teimumu is a chief but she is also a politician. She was Minister of Education in the ousted Qarase SDL-led Government. She played a major part in the Great Council of Chiefs' rejection of Bainimarama's candidate, Ratu Epeli Nailatikau, for Vice-President. She helped to re-politicize the GCC that only a few years earlier had vowed to de-link from politics. Her statement earlier this week was a political statement coming from a chief with a political purpose, no different, in this respect, than most of her public statements since 2006. I am sure she has some sympathy for the Methodists and her Rewan subjects who were to host the Methodist Conference, but I doubt this was her major purpose.

My interpretation is that her primary purpose is to use the Conference as a means to create unrest and rally mass Fijian support for a political cause she shares with extreme Fijian nationalists. That is, to overthrow the Bainimarama government and see the return of a government that puts chiefly, and Fijian elite rights and privileges, ahead of those of other citizens, including those of ordinary Fijians. This is not because she is an unfeeling person but rather, I suspect, because she believes chiefs are born to rule, and that Fiji, first and foremost, must be for Fijians.

But Some traction, some gain, must come from the past three years. I say this with no disrespect for Ro Teimumu or the Fijian chiefly system. But in the modern, multi-ethnic, multi-religious state of Fiji, Fijian chiefs and national politics -- and religion and politics -- should be kept apart, and the concepts of vanua, lotu and matanitu, as they apply to the 21st century, need to be re-thought. The prostrate bodies of slaves should no longer be used as rollers to launch Ro Teimumu's or anyone else's waqa drua. Over the next few weeks ordinary Fijians should be particularly wary of such manipulation by chiefs, church and the SDL.

Will Ro Teimumu's plan work? It's early days, but if the Fiji Live poll on Fiji's readmittance to PI Forum free trade talks is any indication (which, deeper down, is not a totally different issue) she seems to have gained -- and the Government lost -- considerable traction. A week ago over 60% of pollsters favoured Fiji's admission; today it's dropped to 44%. The knee-jerk reaction of decent Fiji citizens is to sympathize with this "wronged," decent woman "abused" by the military. Ro Teimumu, who is no fool, would have known this, too.

For the Fiji Times report on the Ro Teimumu and Church Ministers' arrest and release on bail, click here.

Waqa Drua = Large double-hulled canoes, some as long as 30 metres, capable of carrying up to 200 people, and faster than contemporary European ships. Photo: Fiji Times.

(o) What Do Fiji Citizens Really Think?

FijiLive runs readers polls that can be answered on line. Looking at 20 political polls since October last year allows some broad conclusions, with these reservations. Unfortunately, the polls are far from scientific. They are not random samples of opinion. We know nothing of the numbers polled, and nothing about the pollsters themselves other than that they ticked yes or no to certain questions. Some of the questions could have been better worded. We can be reasonably sure, however, that the results reflect the honest opinions of those polled. Here are some of the results:

On Chiefs and Church
Late last year in two polls pollsters were asked whether Bainimarama should apologize to the chiefs. 76 and 63% ticked No. This question has no value unless we at least know the ethnicity of the pollsters. A March poll asked whether the Methodist Church conference should be allowed also had little validity unless Methodists were fairly represented. 57% ticked no.

On Early Elections
Several polls asked about holding early elections as demanded by the international community. To secure $350m aid to help the sugar industry, 57% ticked yes. To comply with the PI Forum ultimatum, 58% ticked no (although 52% thought Fiji's suspension justified) but 64% thought the international community should not "relax pressure to hold early elections."

On UN Peacekeepers
On new hiring new Fiji peacekeepers, 66% ticked yes.

On Sanctions and Travel Bans
Four polls were on sanctions and travel bans. In December, 72% thought that Australia and NZ should "soften" their stance. This month 68% thought there was "too much unnecessary pressure" and earlier, in February, 62% thought Fiji's Pacific neighbours should not impose bans.

On the Internal Situation
There were four polls on the internal situation. In October last year 63% thought the NCBFF and People's Charter processes were "a waste of taxpayers' money." This was not a good question because we do no know the effect of costs on process. A more carefully worded question would not have linked the two. In April, 56% thought the President had done the right thing in abrogating the 1997 Constitution, but only 38% thought Fiji would return to democracy by 2011. Earlier this month, 81% thought the political parties should support the Government's initiatives to take the country forward. The first and third polls (NCBFF and 2011) seem at odds with the other two.

Conclusions?
What can be concluded from this hotchpotch? If the polls are at all indicative of public opinion, the overriding conclusion is that the country is deeply divided. Only on one issue was the poll clear-cut: 81% wanted an independent body to investigate complaints against lawyers!

Economic considerations seem to moderate political positions (EU aid and UN peacekeepers) . Most pollsters did not approve external sanctions, threats and ultimatums (the Australian, NZ and PI Forum), but most people (64%) wanted some external pressure on the Government to hold early elections.

A high proportion wanted the political parties to support Government initiatives (presumably on the assumption this would mean a quicker return to democracy) which is a positive sign; but that only 38% of pollsters in April thought Fiji would return to "democratic rule by 2011" is less encouraging.

There was considerable support for "early" elections but an equally strong indication that many people did not welcome others telling them what to do.(56% approved the abrogation, and the response to perceived outside interference) But who they were, and why they thought so, we have no way of knowing.

A regular, properly constructed poll on key political issues could be an important tool for government. It would also give foreign government and agencies a more "independent" measure of Fiji public opinion than they have at present.

POSTSCRIPT. Our own poll on whether Australian and NZ policies are too inflexible resulted in 73% ticking Yes and 27% ticking no. While only 46 people answered, it is good to see that people of different persuasions are visiting the site.

(oB) More Kava in the Blood: Lessons from the 1987 Coups

Peter Thomson is a sixth generation Fiji Islander, born in Suva, schooled in Lautoka, fluent in Fijian, with a passing knowledge of Fiji Hindi, who now lives in Sydney. Last week he presented a paper to the joint conference of the NZ-Fiji Business Council and the Fiji-NZ Business Council in Auckland. He was the key mover in establishing both councils and their counterparts in Australia some years ago.

The paper is entitled "The Lessons of '87" -- lessons he sees as very relevant to the 2006 coups, despite their different origins. He was a secretary to two prime ministers, Ratu Sir Kamisese Mara and Dr Timoci Bavadra, and permanent secretary to the Governor-General Ratu Sir Peni Ganilau following the 1987 Coup.* His book Kava in the Blood is a personal account of those years. He is a man who, as they say, "has been around;" he knows something about coups and he knows a lot about Fiji.

Where does he stand on the 2006 coup? "I know in my bones", he said, "there are better ways than military intervention to change governments and troublesome policies [but] neither am I in the camp of those whom one witty blogger describes as 'We Love Fiji So Much We Want to Destroy It from Overseas Front.'"

He sees Australia's and New Zealand's policies as unhelpful and damaging -- "They hurt the country when good friends would have been expected to lend a hand ... It should be glaringly obvious to [both governments] that continuing measures to isolate Fiji and choke off its income will come home to roost not just on Fiji's damaged economy, but on all of us in the South Pacific Region."

His advice to the Interim Government-- "Work with the media, not against it ... The solutions to Fiji's recalcitrant problems lie in an ongoing process of national dialogue towards reconciliation and reform". To those who think the Military Council will not budge, he says "If the carrot is enticing enough and if an accord is one that everyone can work with, the military will be on board. There is no shortage of intelligent people in the Fiji officer corps, and they know there are imperatives ahead that make a reconciliatory accord a better prospect than the current course."

He has this advice for the people of Fiji: "They must embrace acceptance of a common destiny ... reject hard-line political leaders who polarize their respective communities ... a new generation of moderate leaders [is needed]"

He looks to Fiji's many "bridgebuilders ... who are prepared to sit around the kava bowl ...[and] help the hardliners come to the middle of the meeting ground. [They are to be found]... in the churches... political parties ... the business sector ... the Great Council of Chiefs ...and in the Military Council."

To read the full paper,click here. You will be taken to the web storage programme Mediafire from where you'll be able quickly to download the paper. It's well worth the trip to cyberspace.

* Peter Thomson has also been Permanent Secretary for Information, Fiji Consul-General in Sydney, First Secretary in Fiji Embassy, Tokyo, Senior Assistant Secretary in the Ministry of Foreign Affairs and the Ministry of Fijian Affairs, and district officer in Taveuni, Macuata and Navua.

(-+) Brij Lal’s Speech that Could have Been

Thanks once again to Coupfourpointfive, this time for publishing the address Prof. Brij Lal would have given to the Accountants' Conference had Government not decreed otherwise. Its publication by at least two blogs supports a point made in his speech: “The whole exercise of controlling speech is futile and self-defeating.” To read the full address on the topic of ‘Fiji and the International Community: Acceptance or Isolation: Are these the only choices?’ click here.

Summary

On Fiji's relations with the international community, his main points were: Fiji cannot go it alone; Australia, the EU and New Zealand want to help but need evidence of “progress” from Fiji; China's interests in Fiji are limited. “Many initiatives contemplated by the interim administration [IG] are praiseworthy, and I have no doubt that there would be a meeting of minds on many of them. That is why there is an urgent need of tact and diplomacy.”

He thought the situation had deteriorated sharply since April 10^th The Constitution has gone. The political dialogue process has ceased. “There is now no pretence about finding a solution to Fiji’s political problems in a timely fashion, in consultation with its friends in the regional and the international community. Fiji is now telling the world: we will find solutions to Fiji’s problems on our own terms, in our own time …. we are the guys who are on the right side of history; we are doing the right thing; why doesn’t the world understand us? “

On where Fiji should go from here, he said elections must be held earlier than 2014 if Fiji is to win international support. He agrees that elections alone will not solve Fiji's problems but asks what kind of political culture the Government want to create. He says a non-racial electoral system will not remove race as a factor in politics. He thinks the military want a permanent place in politics, and that their “utopia” will delay elections long after 2014. He says the Government should spell out what is wrong with the 1997 Constitution. He thought the Constitution’s compulsory power-sharing provision addressed “the most fundamental problem that has beset Fiji since the inception of party politics in 1966” in that it enabled one community, the Indo-Fijians, to share power. He said the Constitution was partly based on “‘Consociationalism … a grand coalition of elites representing different segments of society...”

My Comments

Brij blames the deteriorating situation on the Interim Government alone. No mention is made of the role of Australia and NZ, the Fiji media, the “Qarase” faction, and others who constantly placed obstructions in the IG's path.

Elections are not held to satisfy the international community. Fiji will only hold elections (hopefully before 2014) when the system under which they are to be held is decided upon, and when race has been removed as the factor. The Government has made quite clear the “political culture” it wants to create.

Brij continues to see Fiji's problems in purely racial terms. The 1997 Constitution was an improvement on the decidedly racist 1991 Constitution, but the Great Council of Chief's provision, the reinforcement of race by its electoral provisions, and the parliamentary “power sharing” provision effectively deprived Fiji of a parliamentary Opposition, need revisiting. True, future modifications were expected, but none occurred in the next ten years. His “grand coalition of elites” is based on racial “segments of society.” Fiji is, and can be, “segmented” in many more ways.

I do, however, share Brij's and many other people's concern about the never-ending role of the military in Fiji's politics. I also sometimes doubt their real intentions but, for the moment, they have the benefit of my doubt.

In sum, Brij warns of everything that has, and can, go wrong. Wisely so, perhaps, but we already know most of them. He supports an agenda rejected by the Interim government. I would like him to have proposed some new ideas on the “way forward.” Perhaps a hypothetical redrafting of the 1997 Constitution, with the benefit of hindsight, or the drafting of a new Constitution that would win wide support? Photo: Fiji Times.

(-) Bainimarama warned to stay away

Coupfourpointfive reports: "The Marama Roko Tui Dreketi and the head of Burebasaga Confederacy, Ro Teimumu Kepa, has warned interim prime minister Frank Bainimarama, is not allowed in Lomanikoro. The Lomanikoro village was supposed to host the August conference.

"When the military issued a statement banning the conference, the Standing Committee of the Church tried to diffuse tension with the regime, by extending an invitation to Bainimarama to address the conference. However, according to sources, when Ro Teimumu heard of the proposal, she made it clear that Bainimarama should not set foot in the chiefly village, and if he agreed to giving a speech at the Methodist conference, then it would have had to be at another venue like Nausori. Sources say this message was conveyed to Bainimarama by Church President Reverend Ame Tugaue and Secretary-General Reverend Tuikilakila Waqairatu when they met him yesterday.

"But instead Bainimarama made it clear to them that as far as the regime, military and police were concerned, the Methodist Church conference was cancelled for an indefinite period.

"The Methodist Church is the largest Christian denomination in the country with over 200,000 members. It meets annually to discuss religious, national, political issues as well as to fundraise an average of $2.4 million to sustain its operations and activities."

Note: Ro Teimumu Vuikaba Kepa has been an outspoken critic of the Interim Government. As head of one of Fiji's three great confederacies, she was a senior member of the Great Council of Chiefs. It was the GCC's refusal (led, I recall, by Ro Teimumu) to accept Bainimarama's nomination of Ratu Epeli Nailatikau as Vice-President that led to Bainimarama dismissing the council. She was also a cabinet minister in the ousted Qarase Government. See previous post on the Church Conference.

(B) The Corruption Charges against Former PM Laisenia Qarase

Former PM Laisenia Qarase has been granted a bail variation to allow him to visit family members in Australia but must return to Fiji before his March court hearing. Qarase is charged by FICAC (Fiji Independent Commission Against Corruption -- directly accountable to the President so that no one is above the law) with two counts of abuse of office with regards to family share holdings in extinct mataqali funds and shares in Fijian Holdings Limited. http://www.fijihosting.com/pcgov/docs_c/fijian_holdings_fdb_details.htm

Comment. While there can be little doubt that there is a political factor in charging Qarase (how could there not be in the circumstances?), on the face of it there does seem to be a strong case against him.

The main charge is that between 1992-95 when he was a director of Fiji Holdings Ltd (established by the Rabuka government to ensure greater equity participation by provincial councils and Fijian institutions), a member of the Fijian Affairs Board (which had shares in FHL), Managing Director of the Fiji Development Bank, and the financial advisor to the Great Council of Chiefs), he bought 200,000 Class A shares in FHL for his family company Q-Ten Investments, and that in his capacity as director approved the allocation of these shares without declaring his interests to FHL, FAB or the GCC. Other charges related to similar non-disclosures regarding his purchase of shares in two other companies.

Three other related matters, not mentioned directly in the charges, are:
(1) How was it that the FHL, established to assist provincial councils and Fijian instutions, evolved into one where Fijian individuals and private Fijian-owned companies -- that is, the Fijian elite -- became major shareholders?
(2) How did most class A shares (with voting rights and a 10% plus dividend) come to be mostly owned by private interests, while provincial councils and Fijian institutions owned most of class B shares (with no voting rights and less than half the dividend of class A shares)?
(3) Did the Fiji Development Bank, of which Qarase was then Managing Director, lend the money for these purchases, and if so, on what terms, and were provincial councils advised of and offered the same terms?

The Election-Constitution Dilemma

(-o) Brij Lal on Why Only Parliament Can Amend the Constitution

Condensed from Fiji Sun article 2.2.08 . My emphasis.

Co-author of the Reeves Commission report which led to the 1997 Constitution, Professor Brij Lal, says only parliament can amend the Constitution. Anything else will have no legal validity. He says there are no shortcuts. The best course of action for the Commodore would be to put his proposed electoral changes before the President’s Forum for discussion by all stakeholders. Any consensus reached there could then be inserted into the constitution by a recalled parliament.

We know that the High Court has legitimised the appointment of the interim administration by the President through reserve powers derived by convention under common law (and that this ruling is being challenged in the Court of Appeal by ousted PM Laisenia Qarase) but the key question today is: How can the constitution be amended without a parliament? There is a constitutional crisis.

The current government says it wants to restore democratic rule but this can only be done by returning the nation to the polls. It is committed to elections but wants to amend the constitution so that the new electoral system is used.

Already the new electoral system has been supported by all the political parties. It is a fact the matter will be discussed at the President’s Political Dialogue Forum.

Former CEO of the PM's Office, Joji Kotobalavu offers a solution that may be acceptable to all parties:

"Once political consensus is reached on this new system of national elections, the President can invoke his emergency powers under the Constitution to reconvene the dissolved Parliament solely for the purpose of suspending the current electoral and multi-party provisions of the 1997 Constitution and to adopt the new system for the next elections.

The reconvened Parliament could also formalise other political agreements such as the ratification of the President’ promulgation on immunity, and the formation of a government of national unity after the elections, to bring about national unity and reconciliation, and, in conjunction with that, to undertake a comprehensive independent review of Fiji’ Constitution in all aspects.

This, said Prof Lal, is the only constitutional way to amend the constitution when parliament had already been dissolved, but if the Government's chief legal adviser, the Attorney General, thinks there is another way, he must tell the public.

Read the Constitution at this site
http://www.unescap.org/esid/psis/population/database/poplaws/law_fiji/fiji_004.htm

(+oB)... But What a Constitution! Fact and Opinion
Crosbie Walsh

The Constitution Review Commission whose recommendations, after wide consultation and with some changes, became the 1997 Constitution Amendment Act, was "commissioned" by the Great Council of Chiefs in the aftermath of the 1987 Coup and the even more racially lopsided 1990 Constitution. The commissioners were New Zealander Sir Paul Reeves, ANU academic and former Fiji resident Prof. Brij Lal, and the late Tomasi Vakatora. Their recommendations were considered by the then PM Sitiveni Rabuka and the Leader of the Opposition, Jai Ram Reddy, unanimously endorsed by the Great Council of Chiefs, debated by a joint parliamentary committee, and finally put to the House for approval.

The preamble of the Constitution states (my emphasis): "In the interpretation of a provision of this Constitution ... regard must be had to the context in which this Constitution was drafted and to the intention that constitutional interpretation takes into account social and cultural developments, especially (a) developments in the understanding of the context of particular human rights; and (b) developments in the promotion of particular human rights."

Last Monday I sat down to re-read the 1997 Constitutional Amendment Act partly to see how the "context" had shaped the law but mainly to see whether Brij Lal or Voqere Bainimarama was correct. Could a fair and free election be held without breaching the Constitution, or could it not? Perhaps there was some legal loophole or ambiguity to support Bainimarama's position. Several hours later I was in no doubt. Elections along the lines proposed by the Interim Government can only be decreed by Parliament. Any other way is in breach of the Constitution. Brij Lal is correct.

So, where does this take us? One view, which supports the Interim Government position, is that the electoral system, and much else in the Constitution, could well breach basic human rights. Most people in Fiji accept the need to protect indigenous Fijian (and Rotuman and Banaban) "first nation" rights pertaining to land and custom, and even, within limits, to the retention of a parallel system of government, as spelt out in the Fijian Affairs Act, Fijian Development Fund Act, Native Lands Act, Native Lands Trust Act and other Acts, but their implementation should be transparent, and not used -- as they have so often been -- as a means to protect and embed the power and privilege of sections of the Fijian elite under the guise of protecting the interests of ordinary Fijians.

The constitution's political provisions are another matter altogether. They affect citizens of all communities; Fijians no more than others. Major changes are needed at all levels of administration: provincial, municipal and national. When we say all citizens are equal under the law we should mean with respect to all constitutional provisions other than those excepted .

But almost all provisions in the Constitution dealing with the executive, legislative and even some judicial functions of government, from the appointment of the President and Vice President, to representation in the House of Representatives and Senate, the drawing of election boundaries, the alternative vote system and elections; the many powers of the Great Council of Chiefs, the appointment of senior judges, and the provisions for amending the constitution, to a greater or lesser extent, under the circumstances prevailing in Fiji for the past several years, entrench Fijian paramountcy, potentially to the detriment of other communities. And this paramountcy is by no means shared equally from the top to the bottom of Fijian society. A constitution which guarantees that all are not equal under the law makes other references to human rights sound rather hollow.

By "under the circumstances prevailing in Fiji for the past several years" I mean the pervasive and universally dominant influence of extreme Fijian nationalism, reinforced by religious extremism, in almost all spheres of public life. In the SDL Government where supporters of the Speight coup were made cabinet ministers, and a Minister referred to IndoFijians as "weeds" to be rooted out and sent to India. In Senate where religious extremists like Tomasi Kanailagi held sway. In the leadership of the Methodist church. In a Great Council of Chiefs led by equally rabid nationalists. In the absence of an effective parliamentary opposition, thanks to the failure of the "multi-party Cabinet" clause in the Constitution, in large part brought about by Qarase's refusal to allow Chaudhry in his cabinet, despite an Appeals Court and Supreme Court ruling. In ethnic Fijians heading almost all government ministries and departments. In the absence of transparency and high levels of favourism and corruption. In the general ignorance of political realities and apathy by the public. In the Indo-Fijian population's fear of retaliation. And, last but not least, by a not very vocal fourth estate. In other "circumstances" most Constitutional provisions could have produced a fair and just society; in the particular circumstances of the 1990s and early 2000s, they could not. Democracy, which the SDL called a "foreign flower" not suited to Fiji, never stood a chance.

Check reinforces check, building impregnable barriers against change to the Constitution. The President and Vice-President are appointed by the Great Council of Chiefs (GCC) following consultation with the Prime Minister. The PM and Cabinet are appointed by the President, acting on his own judgment, from the party with the confidence of the House. The President appoints as Leader of the Opposition the MP who, in his opinion, would be acceptable to the majority of MPs in the opposition party or parties. [The ousted Leader of the Opposition's party had two seats!]

The upper house or Senate consists of 32 unelected members. All are appointed by the President on the advice of others: 14 on advice from the GCC; 9 on advice from the PM, 8 on advice from the Leader of the Opposition, and one on the advice of the Council of Rotuma.

The powerful Great Council of Chiefs consists of 55 unelected members: three each are nominated by the 14 provinces (irrespective of population size); 3 by the Council of Rotuma, and 6 by the Minister of Fijian Affairs in consultation with the President. The President, Vice President, PM and 1987 coup leader Sitiveni Rabuka are members.

The Chief Justice is appointed by the President on the advice of the PM. The CJ presides over the Supreme Court that deals, among other things, with "any matters arising under the Constitution or involving its interpretation." The Election Boundaries Commission and the Electoral Commission are appointed by the President after consulting the PM and Leader of the Opposition. The chairperson in both cases is a judge.

Parliamentary representation derives from fixed communal seats (17 rural Fijian; 19 Indo-Fijian, one Rotuman and three General voters) based on provinces (which serve few other purposes, except for Fijians) and six urban Fijian and 25 Open seats. The boundaries, the number and type of seats, and the system of voting is inflexible and grossly unfair, especially to urban Fijians and Indo-Fijians. One wonders whether such an unequal and unfair electoral system breaches UN declarations on human rights.

Despite these provisions, a multi-ethnic government led by Mahendra Chaudhry's FLP won the 1999 election. Speight and Qarase sought, and many in today's opposition seek, to prevent this ever happening again.

To change this system within the Constitution requires a specially announced bill to be read three times in the House of Representatives and to have the support of at least two-thirds of the members in the House and the Senate at its second and third readings. Sixty days must separate the last two readings.

This may seem not unreasonable. It should not be too easy to change a constitution, though election system details should not need to be enshrined in the Constitution. One might have thought principles alone would have sufficed, with details left to subsequent legislation. But the story does not stop there.

The Bill, even with this support, can be vetoed by "certain members". It still needs the support of 15 of the 23 Fijian MPs, 13 of the 19 Indo-Fijians, and 2 of the 3 General Voter MPs. Given that rural Fijians and General Voters are over-represented, it seems unlikely that their MPs would vote for a fairer system that could see them out of job.

Which takes us back to the "context" within which the Constitution was drafted and accepted. The dominant Fijian leaders refused to accept the possibility of a non-Fijian president or vice-president; they wanted to further entrench Fijian land and sea ownership; special assistance for Fijians to compete in business; and special mention of Christianity. The Constitution's preamble defers to "the enduring influence of Christianity in these islands and its contribution, along with that of other faiths, to the spiritual life of Fiji".

[The Methodist Church submission to the Reeves Commission wanted much more: Fiji to be declared a Christian state; a ban on Sunday work; Christian teaching to be taught and safeguarded in government; no other ethnic group to be allowed permanent residency in Fiji, and provision, also within the Constitution, for the safeguarding of Fijian "values, religion, culture, their land and sea." (* Tuwere, 46: 1997). Most, but thankfully not all, Methodist Church leaders were core supporters of the 1987 and 1990 coups. As the religious element in extreme Fijian nationalism that provided the "foot soldiers" for these coups, they must bear much responsibility for the bigotry, intolerance and inhumanity which has allowed Fiji's "coup culture" to fester and flourish. Their thoughts have no place in a democratic constitution.]

Non-Fijians (mostly non-Christians) had little choice. Under the 1990 they had limited rights; under the new constitution they would in some respects be second-class citizens, but their rights appeared more protected. This is the "context" of the 1997 Constitution. Its prime cause and effect was not to advance democracy -- or establish parliamentary (sic!) paramountcy -- but to draw the fangs from Fijian ethnic and religious extremism, ensure Fijian paramountcy, give non-Fijians an acceptable recognized place in the country, and create the political stability necessary for economic and social advancement.

In a healthy democracy (which the Constitution claims Fiji to be) one particular human right is that one person's vote should be worth no more or less than any other person's.

The role of an unelected, "aristocratic-bureaucratic" body like the GCC would appear to have no proper place in the running of the state. Its role should be restricted to Fijian affairs, as indeed was long ago intended. It has no mandate from or over others, and should, in my opinion, play no part in national politics.

Provinces (today's approximations of pre-contact Fijian political units, the yasana) are the geographic strongholds of the chiefs and the units used for the Fijian administration. They are vastly unequal in population size and have no meaning for non-Fijians. They are an unsatisfactory and undemocratic way to determine parliamentary seat allocations.

Bainimarama is right in wanting a truer democracy but I don't see how he can do it without breaking the Constitution. The only legal way out would seem to be along the lines suggested above by Joji Kotobalavu: persuade his opponents to change the voting system (and later conduct a further constitutional review) after the elections. There could then be an election in December followed by the agreed-to changes; and a new election, based on the new system, soon afterwards.

For this ever to happen, much is being asked of the President's Dialogue Forum, and the international community. The EU, Commonwealth, Forum and particularly Australia and New Zealand will need to lean far more heavily on Bainimarama's opponents than they have on Bainimarama. How each party acts will tell us much about the true value they attach to democracy.

* Ilaitia Tuwere "The Church State Relation in Fiji", pp25-52 in Brij Lal and Tomasi Vakatora (eds), Fiji in Transition, Vol. I.1997.