Naivalurua, Fact and Speculation; Ratu Joni Needed in Fiji, if only by E-mail

NAIVALURUA: OFFICIAL ANNOUNCEMENT & MORE BLOG SPECULATION.
Ioane Naivalurua (photo) has just signed his contract with the Public Service Commission today, so he's likely to be Police Commissioner until September 2013, but CoupFourPointFive obviously doesn't think he'll last that long.

It says he's on Bainimarama's hit list — "It is widely believed Bainimarama doesn't want Naivalurua presiding over both [prisons and the police] because he wields too much power and is therefore a threat."

Despite the blog's forewarning, PSC chairman Josefa Serulagilagi said Government was grateful to have a highly motivated, experienced and dedicated officer such as Brigadier General Naivalurua assume the role of Commissioner of Police.

“This is a very critical position in the public service, which not only demands exceptional leadership qualities and skills but also someone who is prepared to go that ‘extra mile’ in our quest for changes and reforms to build public institutions that are strong, professional, accountable and most of all entirely committed to bringing about improved efficiencies in their operations and service deliveries,” he said, adding that the Commissioner "meets these requirements given his 31 years of service in the Republic of Fiji Military Forces and in the last four years the excellent work he did in the Fiji Prisons and Correctional Services.”

For his part, Naivalurua said he had "settled in the job well and had received tremendous support from within the force as well and its stakeholders in turning around the work culture, performance and professionalism in the institution to meet the expectations of Government and the people of Fiji." -- Based on 2011, No:0011/MOI).

CoupFourPointFive, however, claims that "rank and file officers have fed Coupfourpointfive with material they say proves Naivalurua is corrupt." Well! Well! We know there are some corrupt police officers and that it is part of Naivalurua's brief to ferret them out. One cannot help but wonder whether the blog's informants are trying to get their punch in first. The rank and file officers should offer the condemning material to a safe and neutral party so that others may assess its plausibility.

Given the growing list of misinformation regarding appointments and resignations from the CoupFourPointFive blog, one must also ask what steps it takes to ensure the reliability of its information — and why it never corrects its errors when proved wrong.

One further point for the blog editors. They claimed in the same posting that PSC Permanent Secretary, Parmesh Chand, has resigned. "Sources have told us that he has, as we tipped earlier, vacated the post." I checked with the PSC Information Officer. She replied: "Bula Mr Walsh, No he hasn’t. He's still at the job."

He could, of course, resign some time in the future, but what is so sinister about this? I do remember in talking to him last year he was very concerned about the travel bans as they affected his family. He thought it unfair that the bans should apply to career public servants who had nothing to do with the military or the coup. If he does resign, CoupFourPointFive should at least visit the possibility that this could be the reason.

CONGRATULATIONS TO RATU JONI. Radio Fiji reports that former Vice President and High Court Judge Ratu Joni Madraiwiwi has been bestowed the title of Lord Madraiwiwi Tangatatonga by King George Tupou V of Tonga. As a law lord he will provide legal advice to the King and be responsible for the settlement of disputes over noble titles. Ratu Joni is currently serving in the Solomon Islands as one of the two International Commissioners with the Truth and Reconciliation Commission.  His service to Tonga will be provided mainly by e-mail.

For all of Bainimarama's  doubts about this man (and his of the Bainimarama Government)  he is, in my view, ironically one of the few people who has sufficient knowledge and mana  to ensure that Fiji not only gets to 2014 with the People's Charter principles in tact, but also ensure the principles are embedded permanently in  Fiji society.

Despite their obvious differences, Fiji would benefit if both men would step back from their former positions and explore the principles they share in common.

Unfortunately, “History teaches us that men and nations behave wisely once they have exhausted all other alternatives.” (Abba Eban).

2. What Bainimarama May Be Prepared to Do

Opinion: Crosbie Walsh

One way of answering the question of what the Bainimarama Government may be prepared to do in response to Forum requests for "progress" on democracy is to start by asking what the Government would definitely NOT be prepared to do. Photo: Bainimarama and Ratu Joni Madraiwiwi, mid-2006. newcom.au

To which the most straightforward answer is no major change will be made to the three Roadmap "stages" leading to elections in 2014, and the main pillars or constructs of the People's Charter are non-negotiable.

The first stage, until 2012, will continue to focus on administrative reforms and improvements to physical infrastructure.  The former involves public sector reform, land and sugar industry reform, and anti-corruption and abuse of office measures; the latter involves roads, to a lesser extent airports and seaports, and greater agricultural productivity, in sugar, vegetables, import substitution and food security. All these  measures are aimed at growing the economy in difficult times.  Government action to de-politize this phase, which has resulted in the censorship of the media and restrictions on rights of assembly, is because, at this stage, they think the  divisive influences of politics will put their immediate aims out of focus. The constant calls for national unity and nation-building is about as political as it is likely to be.

The second stage starts in earnest in 2012 when the focus will be on Constitutional and Electoral reform to be completed by 2013, when the third stage will allow the country a clear 12 months to prepare for the September 2014 Elections.

The three stages are more statements of intent and focus than absolute boundaries, and some issues that might be expected later are already receiving attention. Many deal with  issues that  Australia and New Zealand  should applaud  because they concern material human rights at a personal level. Most can be grouped under the heading of social justice: the introduction of minimum wages, a number of actions action against poverty, non-discriminatory scholarships, educational assistance for poorer families, the protection of women and children, work on HIV/Aids, homosexuality, prison reform and prisoner rehabilitation, and making government services more accessible to the public.  The only direct "political" actions have been two representative, but not totally inclusive, Dialogue consultations, and taking the People's Charter, a foundation document for Constitutional and Electoral reform, for explanation and discussion to people in the provinces.

What Bainimara is prepared to do will, I think, be influenced by what those currently opposed to him, in Fiji and overseas, are prepared to do in exchange.  I will deal in more detail with this issue in the next and final article in this series, but for now one thing should be made clear: he is far more likely to respond positively if he is not attacked and insulted and if some credit is given for what he is has achieved and is attempting.

So, given these constraints and presumptions, what might Bainimarama be prepared to do during stage one, between now and 2012?  Most suggestions relate to different types and levels of civilian participation.

With tactful pressure from Fiji civil society he may be prepared to increase civilian direct and indirect participation in government and, if efficiency can be assured, reduce military participation. To some extent this is already happening with the Dialogue process, but these people are not dealing with the day-to-day issues of government.

A greater number of "credible" people could be invited to be advisers to Government. By credible,  I mean well-known and appropriately qualified people who are not currently government supporters.  It may be too much to expect former Vice-President and lawyer Ratu Joni Madrawiwi to be either invited or to accept, but it may take people of his mana to persuade Australia and New Zealand that "progress" really is being made.

The Dialogue process could be accelerated with more forward-looking issues dealt with earlier. Here we might have more details, discussion and even possibly debate on what Government wants in the Constitutional and Electoral reforms, and what it intends the military role to be after 2014.  I have tried to start discussion on some of these "which path forward" questions in the Na Sala Cava features on my blog.  With increasing goodwill and sensible monitoring, it would be good to see matters such as the future possible roles and composition of Senate and the Great Council of Chiefs, an elected President, and the pros and cons of fewer electorates, discussed in the media. It would also be good for Government, not just to hear public feedback but because more public involvement would lead to more support for Government. More people would think it is "their" government. Why wait until 2012 to take the doubters on board?

The Dialogue process, and further work on the People's Charter, could become much more inclusive, involving people from widely different backgrounds, and meetings could be held on a regular basis at different localities. Government could be willing to accept participation from all former politicians (with the possible exception of Laisenia Qarase and his cabinet) who are prepared to accept the People's Charter.

The Media Decree could be quickly finalised, with most matters questioned in the Draft attended to, and the Public Emergency Regulations (PER) lifted. Independent observers could monitor the implementation of the Decree to ensure a free but responsible media. The lifting of PER will hopefully lead to more open but responsible political discussion and freedom of assembly.  This could also  include lifting the ban on annual meetings and lesser assemblies of the Methodist Church-- if the Church is first de-politicized.

It is too early for reconciliation along the lines of South Africa or the Solomons, but conciliatory moves taken now will make reconciliation easier later.

The changes we might reasonably expect from Bainimarama are not earth-shattering. Considered separately they may appear piecemeaal and incremental, but once change starts in the right direction the momentum should be sufficient to persuade Australia and New Zealand to make major changes to their current approach to Fiji.  In the next and final article, to be published on Monday, I shall consider what those changes might be.

(+) The Real Frank Bainimarama Stands Up

There are 28 Comments on this posting: a record.

An oldish (post-June 2009) Australian video interview with Frank Bainimarama, but one that spells out the consistency of his aims and confirms my belief that, whatever the shortcomings of his Government, he is sincere it what he is attempting to achieve.  Well worth listening to during this holiday period. Click here to listen.
Photo: Bainimarama with Ratu Joni Madraiwiwi, another consistent and sincere man who, while probably agreeing with much of what Bainimarama is trying to achieve,  disagrees with his methods and doubts his likelihood of success.  The saddest thing in Fiji is that these two are not batting for the same team.     Also on YouTube. 

(o) Snippets: Madraiwiwi, Sogavere, Keys, Garments, the Nadi "Sorcerers"

Ratu Joni Madraiwiwi, now a member of the Solomon Island Truth and Reconciliation Commission, believes Fiji may one day benefit from a similar commission to tackle unresolved issues such as “interethnic and interethnic tensions arising out of May, 2000 and earlier, unresolved issues from the mutiny and other deaths in custody, and religious intolerance”. Fiji Live.

Dual Citizenship. Fiji citizens will no longer need to renounce their Fiji citizenship if they become citizens of another country. The provision will be of special value to Fiji citizens living overseas, particularly those who left for reasons of insecurity following each of Fiji's four coups.

PSC Cuts. A Public Service proposal of a voluntary redundancy package offered to some 5,000 civil servants close to retirement could cut 20% off current civil service costs, if approved by Government. Fiji Live.

Solomons v. Samoa. ABC reports that Solomon Islands opposition leader Maaasseh Sogavare has strongly criticized Samoan PM Tuilaepa Sailele for what he called "irresponsible comments in the media about Fiji." Sogavare was reacting to Tuilaepa's comments that tougher action should be taken to force Fiji's return to democratic rule, a position contrary to last week's Melanesian Spearhead Group meeting that called for Fiji's readmission to the PI Forum and PACER talks.

John Keys's Faux Pas
I missed it but according to the NZ Herald's Political Diary, John Key made a "faux pas on his Pacific trip by likening Fiji and Samoa to 'children' and adding that one was "wayward." Faux pas? Definition: Act that compromises one's reputation; an offence against social convention; an indisceet speech or action. French = false step.

Garment Exports Up. Earnings from garment exports last year totalled $100.1 million, up $3.1 million on 2007, and $5.7 on 2006 but far below the 2000 peak of $322 million. Reduction in the world trade rules and competition since 2000 has resulted in many factory closures. Type "wages" or "garments in "Search the Blog" to see earlier posts on an industry that was once Fiji's largest employer.

You've Got to Laugh. It turns out the "sorcerers" arrested on the suspicions of local Nadi villagers were Free Masons whose ancient rituals led to the villagers' suspicions. All 14 were released the next day.

(o) Honiara's and Auckland's Gain; Fiji's Loss

While congratulations are due to Ratu Joni Madraiwiwi and Dr Sitiveni Ratuka who are to take up overseas appointments shortly, their "on site" clear thinking will be a loss to Fiji at this (apparently never ending) critical time.

Rt Joni, former Vice-President, former High Court judge and a prominent lawyer, has a 15-month (plus a possible further 9) appointment to the Solomon Islands Truth and Reconciliation Commission in Honiara -- an experience that should prove useful in Fiji!

USP's Dr Ratuva, the Pacific's foremost political sociologist and a long-time commentator and columnist on Fiji's politics, has accepted a secondment at the University of Auckland. We look forward to seeing him being interviewed by NZTV and the Maori TV soon! His Fiji: Multiple Battlelines: Who is Winning? feature is a "must," as is Ratu Joni's "Fiji in 2001". Write "Ratu Joni" in "Search this Blog", then click on the box "Background material" to access.

(B)How Independent is the Judiciary?

This background (B) post compares how judges were appointed and lawyers registered before and after last month's abrogation of the 1997 Constitution. The issue of concern is the independence of the judiciary.

The Chief Justice and the Attorney-General. Under the 1997 Constitution the Chief Justice was appointed by the President on the advice of the Prime Minister following consultation with the Leader of the Opposition. Judges were appointed by the President on the recommendation of the Judicial Service Commission following consultation by it with the Minister and the Sector Standing Committee of the House of Representatives responsible for matters relating to the administration of justice. Since the military takeover the President has received advice on the position of Chief Justice only from the Interim PM and his Cabinet, most especially by the Attorney-General, Aiyaz Khaiyum (photo), a lawyer who is also Minister of Justice. The positions of attorney-general and minister of justice are political appointments, often held by the same person, as in many other Commonwealth countries.

The Judicial Service Commission. The JSC consisted of the Chief Justice, the Chairperson of the Public Service Commission, and the President of the Fiji Law Society. The FLS had the responsibility of "registering and regulating" lawyers. The society checked their professional qualifications and good standing. Although the appointment of judges could on occasion have been subject to some political influence, this would not have been the case with the registration of lawyers.

The Administration of Justice Decree gazetted on 17 April replaced the judicial provisions of the 1997 Constitution and excluded the Fiji Law Society from the Judicial Service Commission. JSC membership now consists of "the Chief Justice as chairperson, the President of the Court of Appeal, a legal practitioner with not less 15 years post-admission practice, to be appointed by the President on the advice of the Attorney-General and a person, not being a legal practitioner, appointed by the President on the advice of the attorney general." The Decree also made provisions for the President to appoint Judges, Justices of the Appeal Court, Judges of the Supreme Court, Master of the High Court, Chief Magistrate, Magistrates and other Judicial officers." All appointments to the bench will be made on the recommendation of the Judicial Services Commission.

The Government and the Fiji Law Society. The problem for Government has been that past and present presidents of the FLS (and a goodly slice of it membership) deny the Government's legitimacy, and have been vocal opponents of its almost every move. In early 2007 the society barred seven military lawyers from practising, and it continues to warn both local and overseas lawyers not to take up appointments. On 23 April Radio NZI reported that present President, Dorsami Naidu, said the society may expel members who took up appointments, and the NZLS, taking its lead from the FLS, has warned NZ lawyers not to work in Fiji. More pragmatic tactics might have permitted some accommodation, and kept the door open for the society's continued influence.

It would have come as no surprise to the FLS that it was cut out of any direct or indirect influence on the composition of the judiciary. Its actions assured its exclusion. President Dorsami Naidu and the Attorney-General made it quite clear they could not work with each other. But if -- and it is a very big if -- the non-government members of the Judicial Service Commission can maintain an "acceptable" distance from political influence, its exclusion will not have compromised the judiciary. For compromised it must not be. Judges must maintain their independence from the legislative and executive branches of government, even if (especially if) there has been political influence in their appointment, a situation that cannot be entirely discounted under both Qarase and Bainimarama regimes.

The Licensing of Lawyers. What now seems likely is that the Society will also lose the authority to license lawyers it held under the Legal Practitioners Act. The Coupfourpointfive blog reports that its legal sources say the Attorney-General will become the new licencing authority, and given that licences will continue to be issued annually, as they were under the FLS, there is a possibility that "well known lawyers like Dorsami Naidu, Tupou Draunidalo, Ratu Joni Madraiwiwi, Graham Leung, Richard Naidu, Florence Fenton, Jon Apted, Niko Nawaikula, Akuila Naco, to name a few, are likely to be discriminated against and may not be issued practicing licences.These lawyers have criticized the military regime."

Unfortunately, this is a quite possible outcome, but in itself the termination of the FLS's authority may bring no great change.The Society exercised special powers not enjoyed by its sister organizations in NZ and Australia. There, the law societies have no direct involvement in the appointment of judges or the registration of lawyers, other than to ensure the latter are properly qualified and of good character. Judges are appointed by executive government without intervention from their law societies or the existing judiciary. The assumption is that the appointments are not politically-influenced.

The critically important issue is not the Fiji Law Society but the independence of the judiciary and the fairness of its judgments. Recent events may have made this more difficult, but not impossible. The senior judges so far reappointed give some cause for confidence, but last week's early release from prison of the soldiers and policeman convicted of manslaughter is not a good sign. See post "Justice Is What Justice Does."

(o) The Fourth Wise Man: Ratu Madraiwiwi

Former Vice-President Ratu Joni Madraiwiwi is a high-ranking chief, a prominent lawyer, and a intelligent, fair, clear-thinking man who has won the respect of people from many backgrounds and persuasions. The Roko Tui Bau is a great great-grandson of Ratu Seru Cakobau who ceded Fiji to the British Crown and a nephew of Ratu Sir Lala Sukuna, the architect of modern Fijian administration. 

Ratu Joni is a Fijian who believes in the equality of all races and all citizens; a chief who recognizes the need for chiefly and political reform; a Christian who respects those who hold other beliefs; and a lawyer trained to listen to others, ponder causes, consequences and linkages, speak with moderation, and respect the law.  He is also a warm, kind hearted man. I can think of no one in Fiji for whom I have greater respect -- although some postings on this blogsite show that in some matters our opinions differ.

Ratu Joni makes no bones about his political position. The 2006 Coup was illegal; the Interim Government is illegal and its methods wrong, however good its stated aims may be. Change cannot be pushed on people; it all takes time. The military should stay out of politics. The judiciary has been compromised; the media reduced to "self-imposed" sanctions, and  human rights have been abused. I suspect he agrees with some of the things the Interim Government says it intends to do, but is increasingly concerned about whether they really mean what they say. 

Unlike others who oppose the IG, his words are temperate; he avoids negative comment, and his advice is always directed towards the future.  How can the country get out of this mess? How can Fiji move forward?  Implicit in this position is recognition that when all this is over, " tolerance and reconciliation" will have to take on new meanings. This will not be Fiji  as it was after the 1987 and 2000 Coups.  It will no longer be Fijian against Indo-Fijian (even if that was what it truly was). Events since 2006 mean that brother will need to be reconciled with brother, family with family, neighbour with neighbour, and much more.  Modern Fiji has never been so divided.

This is why now, at this moment in time, all those seeking a way forward should heed Ratu Joni's advice.  

Speaking to a Fiji Institute of Technology forum reported by  Fiji Village, he "called on political parties to consider the conditions put forward by the Interim Prime Minister in order to take the country forward [and]  accept the conditions put forward in relation to the People's Charter and Electoral Reform. Bainimarama [he is reported to have said] has made it clear that changes will take place before any steps towards elections take place ... Political parties at this stage have no choice but to accept these changes as Cdre Bainimarama has made it clear that the changes will have to be put in place first ... Once political parties take this into consideration, then we will be able to get an indication as to how and what government has planned in terms of elections."

Ratu Joni obviously does not approve of Bainimarama's position, but he is a realist.  For that reason (and because the alternative could be much worse) opponents of the IG should (and this is my opinion) "play it exceedingly cool" over the weeks leading up to the President's Political Dialogue Forum. The Forum is the only bright star on the near horizon. Wise men should follow its course. 

-- Crosbie Walsh [Section in speech marks based on  Fiji Village "Consider Bainimarama’s Conditions", 25 March."]

New Feature
Last Week in Fiji I : Fact and Opinion

• Aftermath Forum Decision
• Aftermath Fiji Times Publisher Expulsion
• Employers concerned about new minimum wages
• Commonwealth Urges Local Government Elections
• The Sunday Ban - Revived
• Announcement on President's Political Dialogue Forum (PPDF)

Meanwhile, estimates on the cost of flood damage increased; more flooding is forecast for Navua; Waisale Serevi was sacked as coach of the Fiji Sevens (and his supporters threatened to burn down Rugby House ... and Fiji slipped off the radar in New Zealand.

Aftermath Forum Decision
The Interim Government continues to say it will not be pressured; its opposition demands immediate compliance; and some in Fiji and overseas are asking for tougher measures. So, as expected, there's little new to report, onlyto repeat: pressure must be applied, inside and out of Fiji, on all parties, not just on the Interim Government.

Fiji Times Publisher Expulsion
The Pacific Concerns Resource Centre's (PCRC) Peter Emberson is the latest voice condemning the expulsion of Fiji Times publisher Australian Rex Gardner. In a separate post, I called the expulsion unwise but it does bear repeating that the FT defendants admitted guilt and the judge, generously, did not pass sentence on Gardner only because of its visa and work permit implications. Emberson called the expulsion "appalling" but the accusation can only apply to the severity of the judgements, not the judgments themselves.The FT abused its privileged position, and broke the law, not for the first time.

Employers concerned about new minimum wages
Surpise! Surprise!

The Sunday Ban - Revived
Village chief Isei Vosadrau of Cawaro, Udu Point, has banned Sunday travel because villagers are leaving church early to catch boats. Methodist President Awe Tugawe said that while "work" was not allowed on the Sabbath, this did not apply to visiting the sick, travel and helping the poor. Rev Akuila Yabaki, Citizen's Constitutional Forum (CCF), said the right to freedom of travel had been violated and he was appalled at a ban which forced people to attend church. The incident brings to mind the infamous Sunday Bans of the early 1990s when the Rabuka government included Fijian nationalist and religious extremists, not unlike the situation with the Qarase government. It serves as a further warning of the dangers of linking church to state.

Our human prejudices overwhelm the universality of our religious teachings. We use it to denigrate and demean each other. The way of the cross is love, forbearance, forgiveness, compassions and gentleness ... It is a quantum leap to apply these tactics to advocating a Christian State or to demonise other faiths.
Ratu Joni Madraiwiwi, Fiji Times, April 2006

Commonwealth Urges Local Government Elections
The Commonwealth Local Government Forum has urged the Interim Government to hold municipal elections no later than October. This followed the Government's dismissal last week of all municipal council preceding a "clean up campaign." An earlier review report had recommended councillors stay in office until a new election, and that mayors be elected by voters, not councillors. It was hoped this provision would meet Government's concern at the amount of party politics in municipal affairs. ( For more information on Fiji local government, see Walsh: An Encyclopaedic Atlas, pp384-387, and www.unescap.org/huset/lgstudy/country/fiji/fiji.html and www.answers.com/topic/fiji-municipal-elections-2005)

President's Political Dialogue Forum (PPDF)
The Forum, proposed by the President last year, will be facilitated by the Commonwealth and UN, with Forum representatives invited. The Forum is likely to be held soon, following a meeting of all political parties to discuss its terms of reference and an agenda. Electoral reform and the adoption of a new political system will be high on the agenda. The announcment would be good news except that PM Bainimarama has reservations inviting parties strongly critical of the People's Charter and electoral reform, and former PM Qarase and his SDL party insist there should be no pre-conditions. Bainimarama, he said, should come to the meeting with an "open mind." (One might add, and so should Qarase). The PPDF offers a way forward, especially if the international community offers its support, but for the present the signs do not look too promising.