Women: Holding Up Half the Sky

N0200. FOURTEEN NEW WOMEN'S CENTRES. Speaking at the International Women’s Day celebration in Bua, PM Bainimarama said Government has approved the building of women centres in the 14 provinces and semi-urban settlements which will act as the hub to establish the infrastructure for empowerment of women through the enhancement of leadership and programme management skills.

Bainimarama said the representation of women in boards and committees is progressing. “Since 2008, for example, more than 300 women, mostly in rural areas, have become members of Hospital boards" and there are now almost a thousand  female students are enrolled in tertiary institutions around the country under various government scholarship schemes.

The PM urged all women to make use of the educational, vocational, training and income generating programs facilitated by Government, and advance the rights of women by taking advantage of this period of reform to shape a better future for the women of Fiji.

He went further to say that it is with this vision to strengthen the collaborative approach to socio-economic development that Cabinet in 2009 approved the establishment of the Fiji Women’s Federation to co-ordinate the programmes and the activities of interested women NGOs to achieve gender equality and empowerment of women. “The Federation will also bridge the gap between the Department for Women and NGOs.”

N0201. DOMESTIC VIOLENCE. Domestic violence remains an issue of concern in Fiji and more work needs to be done to ensure that the Domestic Violence Decree is effectively implemented.

Former High Court Judge, Nazhat Shameem, said while huge steps have been taken in the recent past to implement the Domestic Violence and Crimes Decrees, the fact remains that historically domestic violence has been under-reported.

Shameem said around the world, this has been the trend, due to forced reconciliation and institutionalized sexism.The good news is that the decree is in effect and the people of the country and all those involved in the legal system should ensure that it is properly implemented for the benefit of everyone. She hoped the women's NGOs would also play an active role in the implementation of the decree to protect the victims of domestic violence.

In a separate statement, the Fiji Women’s Crisis Centre said the recorded number of domestic violence cases for January and February (167) has increased compared to last year (154).

Deputy FWCC Coordinator, Edwina Kotoisuva, said the severity of violence is something that should not be taken lightly and the community as a whole needs to get involved. Kotoisuva said it is important that when women want to access justice, they are able to do so through a system that is supportive and sensitive.

N0203. VIOLENCE NOR RECONCILABLE. High Court Judge Justice Daniel Goundar has reminded police and judicial officers that under the Domestic Violence Decree promulgated last September domestic violence offences are no longer reconcilable.  He was referring to a case where the Magistrates Court had terminated proceedings when a man charged with assault causing actual bodily harm for assaulting his wife had had reconciled with his wife and wished to continue his relationship with her.

Justice Goundar said it seemed to him "there is a lack of commitment to enforce the law by the law enforcement officers" that defeated the clear objectives of the Decree.

"Judicial experience," he said,  "has shown that women do not have equal bargaining power as their spouses. They are forced to reconcile in domestic violence cases because of cultural and social constraints placed on them."

Australia Only Helping Criminals, March Ban Reviewed, Community Self-Help, Bangladesh & Sigatoka,

AUSTRALIA TOLD ISOLATING FIJI ONLY HELPS CRIMINALS.  Solicitor-General Christopher Pryde told Pacific Islands legal officers meeting in Brisbane last week that  Fiji has rejected Australia’s Framework for Law and Justice Engagement in the Pacific because its policy of isolating Fiji and withholding assistance and co-operation meant that proper attention  could not be given to transnational crimes including money laundering and human trafficking.

He said, “NZ, Australia, and the Forum and Commonwealth Secretariats, in particular, need to review their policies of isolation and non-co-operation with Fiji and work for the common good for the whole of the Pacific region and leave aside their political differences." The isolation policy played into the hands of criminal elements in the Pacific.”

The Solicitor-General was also critical that the three day meeting was chaired exclusively by the Australian Attorney-General’s Department. Other member states were consulted to see whether this was acceptable but Fiji was ignored. The S-G said "This type of behaviour which is typical of Australia is not only childish but unprofessional and disrespectful to Fiji as a Pacific island country.

Other countries in the region may have their differences of opinion with Fiji but they still treat Fiji with common courtesy and respect. Australia needs to take a lesson from other Pacific island countries and act in a way that is appropriate for the region.

Unfortunately, episodes such as these serve to highlight Australia’s difference with countries in the region.” He said “Fiji expects more from a country that sees itself as a leader in the region" adding that "Australia’s attitude is singly unhelpful in dealing with issues such as transnational crime in the Pacific region."

The PILON meeting was attended by 12 Pacific Island states, including Fiji, and a number of observer delegations including the Pacific Islands Forum Secretariat and the Commonwealth Secretariat.


THREE REVEALING COMMENTS FROM READERS  ON THE MARCH THAT WASN'T.
Comment One. "As a Fijian, I'd much rather believe in Sai Lealea and Pita Waqatairewa than you. They are true Fijians speaking on behalf of those unable to do so in Fiji as a result of the dictatorial and undemocratic rule of those you're only too happy to be singing their praise..." [Well spoken by a truly "true democrat"!]

Comment Two. "... There's not a single business owner in the Suva CBD who wanted this demonstration to proceed. Because we all know what happens when large numbers of i'taukei hit town with the expressed intention of venting their frustration. Whether they're manipulated or not, the memories of the burning and looting of 2000 are still too raw a decade later to countenance anything like this. It just isn't worth the risk ... The SDL was telegraphing that this was a mass revolt in the making. So it's cancelled, end of story, and only those who wanted to cause trouble will be upset." [It's not the "demonstration" I was concerned about; it was the women's march.]

Comment Three: "Government had no alternative than to cancel the march. It could have turned nasty with women and children around. The last thing needed was a legitimate march railroaded by anti- government supporters who could hide in the crowd and cause trouble. It's better to be cautious. No one wins but at least citizens were safe."

BANGLADESH AT NAKASI. In the mid 1970s the Bangladesh settlement at Nakasi, between Suva and Nausori, was one of the squatter settlements I researched for my doctoral thesis. The name was given because of its extreme poverty and squalid conditions. An upgrading project started in 2002 and recently completed now sees a settlement with on-site sewerage, water, electricity, telephones, a sealed road and fire hydrants. And the squatters are no long squatters but tenants with 99-years of tenancy who will pay ground rent to the Ministry of Lands and rates to the Nausori Town Council. The project is a joint effort of Ministry of Lands and Mineral resources, Nausori Town Council, Bangladesh community and the Ministry of Local Government, Urban Development, Housing and Environment.  Lack of coordination between relevant authorities, the non-involvement of the squatters themselves, and unrealistic standards and conditions, have long impeded site-and-service developments with secure tenure like this. One hopes Bangladesh becomes a model to help solve urban Fiji's burgeoning squatter problem. It represents a win-win situation for all parties. -- Based on 2010, No:2167/MOI.

COST SHARING AT SIGATOKA. Two settlements at Similaya and Tuvamaro community in Sigatoka are also benefiting from state-community cost sharing and self-help.  Once dependent on creek and well water they now have safe drinking water. The communities provided labour and $5,500 and the Department of Multi-Ethnic Affairs contributed $20,000 towards the construction of the two boreholes and water tanks. So far in 2010, Multi-Ethnic Affairs has completed six projects in Sigatoka District costing $51,000. -- Based on 2166/MOI.

CCF Workshop, Provincial Meetings Roundup, NZ Law Society Accepts Invite

URGENT NOTICE. CCF workshop on 'Dialogue on Land Use 2010 and beyond', Waterfront Hotel, Lautoka this Thursday and Friday. CCF Chief Executive Officer Rev Akuila Yabaki said, “The land issue is fraught with serious stumbling blocks which we must overcome in order to reach a solution for future generations,” CCF Chief Executive Officer Rev Akuila Yabaki said. “We need to recognise that land is a divisive issue not only between communities but also among the iTaukei, because the distribution of productive land among the iTaukei is uneven and changing circumstances have placed significant pressure on those families and mataqali that lack sufficient land to sustain a livelihood."

Reports on Provincial Council Meetings

 

 Common themes emerging from recently held provincial council meetings are the need:  ♦ to take full advantage of government development funding; ♦ to encourage local economic efforts; ♦ to push education; ♦ exercise caution over the proposed village bylaws,♦ and for chiefs to listen to their people.

Overriding these specifics is general support for Government's development initiatives. The most welcome and most surprising is the support from Burebasaga Confederation and Rewa High Chief Ro Teimumu (photo) who until now has distanced herself from Government and been a rallying point for opposition to Government.

This, of course, does not necessarily mean that Ro Teimumu fully supports Government.  This is most unlikely. But it does show that she is gracious enough to give credit where credit is due and is prepared to work with Government on provincial development work — which is a giant step forward.

LOMAIVITI has asked Lomaiviti Holdings and Lomaiviti Shipping chairman Dr Isoa Bakani to step down from his position. Council chairman Ratu Jolame Lewanavanua says the two companies have not been operating well and were more or less defunct for a number of years. He says many excuses have been made on the company’s non-performance — hence the need to introduce new leadership to grow the company.

PM Bainimarama assured those attending the meeting that changes to lease money arrangements which will see the money distributed eqally to all landowners — with no bigger share to chiefs and heads of landowning units — will not adversely affect the status of chiefs. He again urged chiefs to have frequent meetings with their people to map out development work that needs to be carried out.

SERUA High Chief and Vunivalu Ratu Peni Latianara has made a plea for greater commitment to developing the province.Roko Tui Serua Setefano Osonamoli said that government representatives had briefed the council on the status of government services in the province, including education, village bylaws, vacant traditional title holders and the provincial levy.

REWA. Opening the Provincial Council meeting at Lomanaikoro Marama na Roko Tui Dreketi Ro Teimumu Kepa said:"We should always show our support to any Government that comes into power". Ro Teimumu said the Government should be commended for the development works it has carried out in the province in the past three years.This includes the repairing of classrooms and the teachers quarters, repair works done to the church residence at Naililili, the construction of new roads and improvement done to the existing ones, the provision of safe water supply to the villagers and the construction of sheds for the public at Nabua village and Nasali landing.

Speakng at the Rewa meeting Acting Commissioner Central Samuela Saudranu spoke of some "disgruntled" people in the province who had refused to cooperate with the Government in development work carried out in the province.  He said development work and projects carried out by the Government were meant to bring the people together and not to cause division. Let us hope they now follow Ro Teimumu's new lead.

RA. Earlier in the month the PM opened the Ra Provincial Council meeting with words of encouragement and well wishes as the support for his Government gains momentum. He told the meeting of similar backing from provinces like Tailevu, Naitaisiri, Cakaudrove and Namosi to assist Government move the country forward with its vision for a better and new Fiji for all under the People’s Charter for Change Peace and Progress. The PM spoke of work being done to bring all of Fiji's ethnic communities together, and development work consistent with the aims of People's Charter, such as the deregulation of Telecommunications, food and hardware price controls, education assistance, assistance for poor families and for small businesses, land reforms and remedial work on the sugar industry. -- Based on 2010, No:1840/MOI.

NZ LAW SOCIETY ACCEPTS. NZLS President Jonathan Temm says he will probably accept Solicitor-General Christopher Pryde's invitationto attend the 12th annual Fiji Attorney-General’s Conference next month. Mr Temm said he wanted to observe how the law is being applied in the country.

"It’s a fact-finding mission to be fair. We want to go up and support the Fiji Law Society. It’s gone through a very difficult period and we’d like to go up and try and support those members of the profession that are practicising law in Fiji and I think at a practical level we’d like to be able to offer something like continuing legal education courses which we run here in New Zealand.” Mr Temm says he will only have time to meet members of the Fiji judiciary, lawyers and academics connected with the Attorney-General’s conference.

Comment Quality, Dorsami Naidu, Rural Electrification, Poverty, Land Safe; Forget Elections

CRITICAL BUT HELPFUL. Thank goodness. The quality of comments to postings has improved  with critical but helpful and forward-looking comments once again outnumbering the  totally negative and unhelpful. Thinking... Not Sleeping again leads the pack with the observation that those commenting on "progress" or the lack of it are talking past each other because they are talking about different things. Top Five Top Spin Items also makes what I think is a valid criticism of Government, and comes up with what they could say.

Both these readers are, I think, basically supportive of what Government says it intends to do.  They are just not very impressed with some of the ways they're going about it. The saddest and most disturbing feature of the present political scene is that Government has given very little indication that it welcomes the opinions of people who, with only a little encouragement,  could be its friends.


DORSAMI IRONY. Fiji Law Society president, former MP and anti-government critic Dorsami Naidu  has been fined $1,500 and $1,428 costs by the country’s Independent Legal Services Commission for professional misconduct and unsatisfactory professional conduct. The irony is that he has also been ordered to undertake ten hours of study in conveyancing, real property and practice management with the syllabus to be approved by the Chief Registrar. This ruling was due his being found guilty of overcharging in billing an estate failing to inform a buyer that the land he was purchasing was co-owned. Justice Connors said Naidu’s conduct calls for a “small monetary penalty rather than a public reprimand in the light of the position he holds within the legal profession ...[his]  conduct is in many respects concerning and whilst it does not display dishonesty it shows a lack of appreciation of practice management principles and the obligations of legal practitioners under the Trust  Account requirements.There is also displayed a disturbing lack of understanding of conveyancing and real property principles."

VILLAGE ILLUMINATION. Two remote Naitasiri villages with 182 families  switched on their lights for the first time last night. Taking electricity to the villages cost $145,000 and is part of the Roadmap.

HEALTH RECOVERY. Some health charges will increase soon to help recover costs and improve health services. Health Minister Dr Neil Sharma said " We also need to upgrade, so all of these issues need to be factored in. The fact is that nothing comes free in this world. We have to be able to provide quality services at all costs.” Increases have been made to the Medical Certificate and Report fees, dental fees, X-Ray fees, and laboratory charges.

POVERTY ALLEVIATiON.The Poverty Alleviation Ministry is waiting for submissions from minority groups to finalise the definition of poverty in Fiji’s context. Poverty Eradication Unit head Tokasa Leweni says the minority groups were not well represented during the consultation in the central, west and the northern division.Leweni says they anticipate finalizing the paper for Cabinet approval next month.

LAND SAVED. Speaking to the Lau Provincial Council yesterday, the PM assured the i-Taukei community that no one is going to take their land away from them. The new Land Use Decree is intended to make more land available for productive and social purposes. Landowners will benefit as more land would be utilised. "Government is also mindful of improving its service to maritime islands," he added.

Earlier,  Commissioner Eastern, LtCol Ifereimi Vasu urged Lauans to help find answers to the ongoing out-migration that could see the islands' population decimated.He acknowledged that out-migration cannot be stopped but can be minimised, even though the driving force for the movement seems to be the quest for higher education. The challenge, he said, is to convince those in the villages to remain there and use the abundant natural resources to lift their standards of living. Funds allocated for development in Lau would depend entirely on population and demand.

Forget elections, Bainimarama told

http://www.radiofiji.com.fj/fullstory.php?id=30094 Wednesday, August 18, 2010

Taken from / By: FBC News

The people of Lau have told the Prime Minister Commodore Voreqe Bainimarama to forget elections and concentrate more on development.

The province indicated their support to Bainimarama and urged him to continue developments for the country as they have witnessed the work and promises fulfilled by the Government for the people.

FBC News reporter Sekope Toduadua filed this report during the Provincial Council meeting which started yesterday.

"Lets forget about elections and lets focus on more and more development.

Those are the words of encouragement and support from the people of Lau province to Prime Minister Commodore Voreqe Bainimarama as he officially opened the two day Lau Provincial council meeting yesterday.

Speaking on behalf on the people of Lau, the Turaga Tui Ono Waisea Davuiqalita from Onoi-lau Island says they feel their cries have been heard.

He says the people of Lau are satisfied that Fiji is back on track and they have witnessed the development and what government is doing right now.

Davuiqalita says promises by government have been fulfilled and projects which were in the pipeline for 4 years have been completed.

He says now – the people of Lau look forward to and support government’s corporate plan to move the country forward to 2014 - according to the Strategic Framework for Change.”

The Lau Provincial Council meeting is being held at the Arts Village in Deuba and ends today.


Prime Minister,  You should immediately quash this report.  If you don't, it will be distorted  like the Lomaiviti comment.   You should use the opportunity to reaffirm your decision to hold elections no later than September 2014.


And News Reporter Sekope Toduadua, you should be more precise. Who exactly said "forget about elections"? One person, several, the people of Lau, or just those attending the Provincial Council meeting?  Or is this merely what you read into the Council's support for Government's development activities? Your report makes the Prime Minister a sitting target for the overseas media and those who say he does not want elections in 2014.

Slowly Rooting out Corruption, Look North Division, New Health Centre Ovalau

FOUR COURT CASES LAST WEEK.  The wheels of justice may grind slowly but Government is gradually rooting out corruption, professional misconduct and abuse of office.  There is still a long way to go.

• Three former Native Land Trust Board executives are charged with defrauding the NLTB of $3.7 million and a Government grant of a further $1m by causing the payments of these funds to support a defunct Information Technology System called MYSAP.
• Three prominent lawyers are charged with nine counts of alleged professional misconduct and unsatisfactory professional conduct. The alleged offences occurred in 2004 and 2005 and concern the sale of land in Ba province.The case will be heard from 16-23 November.
• The case of three men who are alleged to have defrauded Tropik Wood Industries Ltd has been transferred to the High Court in Lautoka. The Fiji Independent Commission Against Corruption (FICAC)  claims that in April last year their action caused the Tropik Wood board of directors to deliver the ownership of Fiji Forest Industries Limited (FFI) to one of the defendents by false pretence namely providing incorrect and/or misleading information including financial figures pertaining to FFI which is a subsidiary of the TWIL. The case has been adjourned to September 3

• Two former executives of Fiji Ports Corporation Limited (FPCL) have been given 14 days to file objections for application by Fiji Independent Commission Against Corruption (FICAC) to consolidate the cases against them. They are charged with abuse of office involving payment of $177,000 as an ex-gratia payment in lieu of early retirement to Herbert Hazelman who was employed as the Chief Executive Officer of the FPCL, without the authority of the FPCL Board and/or of the Higher Salaries Commission, which is an act prejudicial to the rights of the said FPCL. The matter is adjourned to the August 27 for mention.

SELF-ENRICHMENT AT PUBLIC EXPENSE IS OUT: THE $150 MILLION LOAN.  A reader writes: The proposed Sinking Fund means of paying back this ill-advised loan  eagerly supported by the bloated Qarase Cabinet of 36 Ministers and Assistant Ministers of State in November 2006 Budget (the largest Cabinet of any Commonwealth Nation at the time) should now receive the support of all patriotic and prudent Fiji Citizen as a means of avoiding another devaluation and of ensuring - against all odds - Fiji's capacity to repay with interest what was done in all our names.

How ill-conceived and ridiculously profligate this US dollar loan now appears!  But this is the kind of exercise that politicians indulge in when they are completely ignorant of trends in global affairs.

Those who now face charges of Abuse of Office, misuse of Public funds had best consider their positions with regard to the penalties they face. All their assets both in Fiji and overseas should be forfeited to the Public Exchequer if they are found guilty. The message must be sent loud and clear to these people and anyone like them: You will be held to account. Self-enrichment at public expense is OUT. The loan is due for repayment in September next year.

"PLEASE DON'T LEAVE." Commissioner Northern Inia Seruiratu  said the politicisation of land and the mass movement of people from the North (Vanua Levu)  to Viti Levu in search of "greener pastures" had greatly impacted its economy. Speaking at the opening of the Housing Authority Customer Care Centre in Labasa, he appealed to youths, businesses and the public to stay and play a role in building the economy. "Please don't leave," he said, "it's going to get better and will continue to improve."

He said the Look North Policy was helping create an environment that was conducive to growth. "There are a lot of infrastructural developments in terms of roads, electricity and water because that is the key to economic developments. The land availability issue is being looked at by the Committee on the Better Utilisation of Land and land reforms introduced by the state that augurs well with the development of the agro based economy of the north. A strategic development plan for the north has been drafted and its all inclusive and pro-poor. The Fiji National University will set up its campus here soon and access to other tertiary level of education that will help in human capital development is happening. All these things are being done to create a better environment to entice people to stay."

NEW HEALTH CENTRE IN OVALAU: CHARTER MILESTONE. In opening the new centre at Bureta village on Friday, Health Mininster Dr Neil Sharma said the centre is another milestone achievement for the island in line with the People's Charter Pillar 10 which calls for improvement in Health Service Delivery.

“We are thankful to the vanua for their continued support towards the project which is now a reality for the people of Bureta and the nearby villages,” he said. In the past people travelled long distances to the Hospital in Levuka, but now seven villages would be able to access a brand new facility much closer to home.-- Based on  2010 No:1230/MOI.

Ramadan, Rumours, Governance, Lawyers, Australians Turn Cheek, Shipbuilding, Soldiers, PINA & PacMA

MUSLIMS CELEBRATE. Fiji's 55,000 Muslims are observing the month of Ramadan which started on August 10th.

THIS WEEK'S RUMOURS.  There would still be anti-government rumours, of course, even without the Public Emergency Regulations (PER)  but with PER in place it takes that much longer to refute them before they have achieved much of their purpose: to discredit, distract and destablize governnment.  The absence of "free airwaves" also makes the task of checking on the reliability of the rumours much more difficult.

This week's rumours raised questions on whether the government's Roadmap really existed; the Military Council had called for Bainimarama and Sayed-Khaiyum's resignation (always a popular one when they are both overseas); the PM and other Cabinet members with more than one portfolio were "double dipping," and  whether the Attorney-General's Aunt was involved in corrupt practices. I wonder what next week will bring. It's already started with a comment to this post: "Where is Teleini? He has disappeared faster than the natadola communique?" Should be Teleni.  But nice try. Anything else to distract me?

VISIBLE GOVERNING. The PS for the Public Service, Parmesh Chand, says that the visibility of the role and services of respective Ministries, Departments and Agencies is steadily improving. This has been helped by Civil Service Public Week, the Agriculture Show, strengthened rural development machinery and the on-going emphasis by the PM that civil servants should reach out to as many people as possible, particularly those in the rural areas.  The Government Information & Referral Centre in downtown is also playing its part. Seven Ministries and Departments have already exhibited their programmes at the downtown facility.These activities also help Government to get a better feel of public perceptions and the types of assistance they require to improve their livelihood.  -- based on 2010 No:1221/PSC.

These activities stem from the People's Charter general provisions on governance and the Roadmap's more specific targetting.  I hope soon  to have one or more posts that will explain the Charter, the Roadmap and the Strategic Framework for Change structures and functions.

DORSAMI NAIDU FOUND GUILTY. Fiji’s Independent Legal Services Commission has found lawyer Dorsami Naidu guilty of complaints of unsatisfactory professional conduct and professional misconduct. Commissioner John Connors stated details of a total of 18 complaints against Naidu, two of which Connors said were withdrawn because of the unavailability of the complaints.Seven complaints were dismissed. Among the complaints proven against Naidu were five of unsatisfactory professional conduct and two complaints of professional misconduct. Under one of the complaints of unsatisfactory professional conduct, Connors said Naidu billed an estate the sum of $3,750 when the legal services rendered did not justify this amount “falling short of the standards of competence and diligence that a member of the public is entitled to expect of a reasonably competent or professional practitioner”. In another instance, Naidu prepared a sale and purchase agreement for a 10-acre piece of land in Nadi, failing to inform the buyer that the land was co-owned. Naidu is the President of the Fiji Law Society and an outspoken critic of Goverment. The charges against Naidu are part of ongoing investigations resulting from public complaints against lawyers.

SUNIL KUMAR ACQUITTED. Former Nausori Magistrate Sunil Kumar has  been acquitted of trying to prevent the course of justice after it was alleged that he had tried to deter police officers in Nausori from booking anyone for any traffic offence in the Nausori area and allegedly making certain comments in open court.

WHOSE BLUFF? WHOSE CHEEK? Interviewed by ABC, Australian Foreign Minister Stephen Smith was asked "what do you propose to do to try to advance your agenda with Fiji for a return to democracy, because clearly at the moment Frank Bainimarama is heading a long way away from Australia?"  Smith replied:

"Yeah that's regrettable, I mean we will continue, despite any number of rebuffs, continue to try and get a dialogue going with the Commodore and with the interim administration in Fiji to bring Fiji back to democracy and respect for human rights. There's unanimity amongst the Pacific Island Forum leaders that Fiji's suspension has to continue until they return to democracy. The same with the Commonwealth. But we've got to find a way back to a dialogue and we will simply redouble our efforts. It would have been the easiest thing in the world to respond in kind when Commodore Bainimarama expelled our acting high commissioner, but I didn't want to leave our professional diplomatic relationships with Fiji unrepresented in Canberra. So I turned the other cheek on that matter. It's simply a matter of us keeping at it. We are worried about Fiji moving further into an isolationist position, and in my conversations with the leaders of the Pacific and Vanuatu, we all believe absolutely in the need to just continue our efforts for a dialogue to bring them back to their full standing as a democratic Pacific nation."

SHIP BUILDING POTENTIAL. On his return from China and talks with China's largest shipbuilding company, PM Bainimarama is hopeful that Fiji will once again build its own ships and that Fiji Ships and Heavy Industries Limited will become the top shipbuilding company in the Pacific.

MORE SOLDIERS TO TRAIN IN CHINA. Another result of the PM's recent China visit is that more officers will probablt soon be receiving specialised training in China. The trip was fully funded by the Chinese Government as Commodore Bainimarama was the chief guest at Fiji’s National Day Celebrations at the 2010 Shanghai Expo.

PINA MORE MEMBERS THAN EVER. With 21 members, the Pacific Islands News Association has dismissed claims from the newly-formed Pacific Media Association (PacMA) that they only have a handful of members across the Pacific, and mainly from Melanesia countries. PacMA was formed because some members, notably from Samoa and Cook Islands, thought PINA was not sufficiently critical of Fiji's media restrictions and the Bainimarama government.

However, PINA Manager Matai Akuola says PINA is just doing things differently. "The statement put out by the PINA President is that we are not wrong but are doing things differently. In regards to media freedom we are having dialogue with governments and no longer are we putting out statements to please some people. We are working and having dialogue with government we’ve had meetings with the current Fiji government. So, that a progress. That is a move forward. That’s why we are saying we are not wrong we are just doing things differently."

Etiquette, PSC Showcase, Tuisolia & Jalal, Tourism and Other Bits

CULTURAL ETIQUETTES. Pacific Islanders and Asians sometime comment on how unintentionally rude and abrasive Europeans can be, even in everyday conversations. I wonder whether this is what Kiribati President  Anote Tong had in mind when he praised the atmosphere and tone of last week’s Engaging Pacific Leaders meeting, saying this type of discussion needs to be restored at the Pacific Islands Forum.

PSC TO SHOWCASE ITS SERVICES. Government's "reaching out" efforts to make ministries and departments more accessible to the "man in the street" continue this week when staff from the five Divisions of the Public Service Commission are showcasing their services and programmes at the Government Information and Referral Centre, the former Fiji Visitors Bureau Office, in Downtown Suva. (CIRC photo.

AUSSIE WANTS MURDOCH OUT. Australian millionaire Dick Smith thinks the Australian Government should follow Fiji’s lead and “rack-off” Rupert Murdoch’s News Limited and its national newspaper The Australian  out of the country. He described the Murdoch-owned media as the "evil empire" and claimed The Australian constantly runs biased news.

CONFUSED TOURISM INFORMATION. A reader writes:"I'm confused. You report that tourism figures are booming? Why then is Air Pacific going broke, resorts are closing and no one is making money? Doesn't sound like a successful business plan to me? My son and his family just came back from a holiday in Fiji. I cannot believe how cheap it was. He almost got paid to go there? He demanded discounts on everything and got it."

Answer: There's good and bad news on tourism but Air Pacific is not going broke. It had a huge loss of $F60 million this year and is facing competition from larger airlines. One or two small resorts have closed because they could not meet debt obligations, and two large unfinished resorts never fully opened. The larger hotels and resorts are open but in competition with popular tourist destinations in Asia. Hence their basement prices. Samoa and Vanuatu have also benefited from Fiji's negative publicity.

But tourism numbers are up, and if they stay up and the world economy recovers, and if Fiji can fight off the negative publicity, the future should be brighter. That's a lot of 'ifs' but there would be one 'if' less if Australia and NZ really put their shoulders behind Fiji's economic and political recovery. That's another 'if.'

Note: Saras'sista is a a regular anti-government commentator on this blog. Irrespective of  near full flights by three international carriers, and the advent of Jetstar, he or she writes: "i don't accept any figures from this regime' as even they accept that there is no oversight by anyone, is this a bit like famine in north korea claiming to be a bountiful harvest??? No doubt there are tourists and no doubt they will still come, but the idea that we just accept whatever figures are plucked from the sky to reflect the actual position is highly amusing. This regime would not allow the reporting or anything else would it???

 

CARVING UP AUSSIE AID.  Click here.

UPDATE ON TUISOLIA & JALAL CHARGES. High Court Judge  Priyantha Fernando will make a ruling this Friday on whether the Office of the Director of Public Prosecutions can expand on the two charges which remain against former Airports Fiji Ltd CEO Sakiasi Tuisolia and his wife Imrana Jalal. Last week the Court ordered a permanent stay on six of the eight charges while it allowed the DPP to pursue the case only on two charges where it is alleged that Tuisolia was operating a restaurant without a business license and Jalal is alleged to have given false information to a public officer.The trial date is set for August 27th-30th.


VANUATU OPPOSITION LEADER Maxime Carlot Korman says Prime Minister Edward Natapei was influenced by Australia when he made the call to defer the Melanesian Spearhead Group (MSG) meeting, which Fiji had been due to host last week."Australia ... influence Natapei, also it was trying to divide, create a division, between our Melanesian leaders."

BIGGER COMPANIIES TO TAKE UNEMPLOYED. All companies that have more than 50 employees will have to take on a certain number of unemployed people as attachees from the National Employment Centre. Read more.

Saras'sista says the comments on this posting are fantastic, and I agree.  Click on "Comments" below to read them.  

Mahendra Chaudhry in the Spotlight

Opinion

Crosbie Walsh

I have been asked by a reader why I have not published anything on the current charges laid against Mahendra Chaudhry, his supposed detention, and the Attorney-General's clarification of the charges.

The Attorney-General is, of course, correct in saying "no one should comment on the matter as it was now before the Courts." But this should not prevent general  comments on the Chaudhry situation. He is too public and too controversial a figure for no comment, and rumour and speculation is inevitable when questions remain unanswered.  This is one of the drawbacks with the ongoing enforcement of the Public Emergency Regulations.

First, it should be noted that the foreign media once again misreported what had happened. There can be little doubt that that was deliberate, either by them or more likely by whoever supplied them with information from Fiji.

The former PM was not arrested or even detained and then released, as they reported. FLP spokesman Lekh Ram Vayeshnoi said the foreign media reports were not true. Chaudhry's son, Suva lawyer Rajendra Chaudhry, said his father had been asked by police to come to the police station so he could be questioned. He returned home after questioning, and was asked to return the following day when charges were formally made.  He has to report daily to the Suva Point police station close to his home, bail has been set at $1,000, and he has surrendered his passport. The case against him is scheduled for 30th July in the Suva High Court.

Secondly, the charges he faces were brought by the Reserve Bank and involve twelve different counts of alleged money laundering and tax infringements. They do not involve the charges for which he was investigated and controversially cleared when he was Minister of Finance in the early Bainimarama government. The Attorney-General said that on that occasion government had asked a team of lawyers and accountants to look at  general allegations against Chaudhry made through anonymous letters.

Many people have long questioned the impartiality of those who found him innocent of wrongdoing  when undeclared money donated in India finished up in his Australian bank account. At that time he was Minister of  Finance in the Bainimarama government.  People, perhaps unfairly but inevitably, wondered whether this was why charges were not pressed. It certainly did not look good.  Justice was not seen to be done.

The current charges also do not look good. People are again wondering whether the charges against him are politically motivated. There is no way of knowing. Any charges against any political opponent will be seen by some as suspect.  My "gut feeling" is that whether or not the charges are proven, they are based on evidence that the Reserve Bank's lawyers think will hold up in court, and  I am confident the final ruling of the High Court will not be politically influenced.

But this leaves the question of why the Reserve Bank drew Chaudhry's name out of the hat when so many other cases could be more pressing. This decision could have been politically influenced, or if could be that all high profile cases were being investigated. Again, we have no way to know, any more than we would have known had the charges been made in 1997, 2001 or 2007 when he was also a high profile figure.

His previous absolution and present charges obviously raise doubts that are certainly not good for government or the perception of the judiciary.  While I was in Fiji recently, I spoke at some length with several members of the judiciary, and I am as confident as one can be that the judiciary is independent of executive interference and would make every effort not to succumb were government to try to exert influence.**

But this leaves the Director of Public Prosecutions and, in this case, the Reserve Bank, who could be indirectly influenced by government. The case against another prominent figure, Imrana Jalal, certainly looked suspect.  We will have to await the Court judgment.  But if it goes against her, she has a right of appeal. As indeed does Chaudhry.

In the last analysis, people will believe what they want to believe, whatever the actual or circumstantial evidence. With government efforts to rout out corruption and other criminal activities, several prominent figures can expect to be in court in the next few years. Some people will see them all as victims of political persecution, and their successful prosecution as evidence of government interference in the judiciary.

I think all, or to be more cautious, almost all, cases will be judged fairly, and where this is, or is thought not to be the case, the cause will be the preconceptions and prejudices of the judges -- the perennial human failing that happen in all judiciaries -- and not  political interference.

In this particular case, though, one thing definitely points to no government interference or influence: the timing.

Why would government want even a whisper of Chaudhry to steal the limelight in the wake of their Natadola  successes!

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**  The Citizen's Constitutional Forum and the NZ Law Society have questioned the independence of the judiciary.  I expect to comment on the CCF Report soon.

Fiji's Kiwi Solicitor-General Replies to NZ Law Society

PRESS RELEASE

Invitation Extended to New Zealand Law Society

The New Zealand Law Society’s (“NZLS”) concern about the independence of the Fiji judiciary being undermined is misplaced and recent comments made by the NZLS are ill-informed and just plain wrong.

These comments were made by Fiji Solicitor-General and Permanent Secretary for Justice, Mr Christopher Pryde yesterday in reaction to reports that the NZLS had been advised that five Magistrates had recently been dismissed without notice.

Mr Pryde said that this was an old issue which happened last year and he questioned why this is being brought up again now.

Mr Pryde said that Judges and Magistrates in Fiji continue to have the freedom to decide cases on their own without interference from the executive branch of government.

In responding to the allegation by the NZLS that a Magistrate was dismissed for questioning the propriety of a prosecution against a human rights lawyer and her husband by the Fiji Independent Commission Against Corruption (“FICAC”), Mr Pryde said this was “just plain wrong”.

Mr Pryde said that it would appear that the NZLS is allowing itself to be used by certain people for their own ends and to further their own agendas. He said it was also disappointing that the NZLS was prepared to accept and quote NGO sources and questionable reports without attempting to check the facts or get a response from the Fiji authorities.

“No Magistrate or Judge has been dismissed for rejecting prosecution cases and it is disappointing that the NZLS should make such unsubstantiated allegations without first checking the facts. FICAC is an independent organisation and makes its own decisions with regards to prosecutions. The case brought against Imrana Jalal and her husband in relation to their restaurant has been transferred to the Office of the Director of Public Prosecutions and is proceeding through the High Court in the normal manner. The more serious charges of corruption brought by FICAC against Mr Tuisolia in relation to his time as the CEO of Airports Fiji are also proceeding in the High Court.

It is also highly inappropriate for anyone to be making comments on matters that are before the courts. These matters will be decided by the courts and people have the right to appeal any decision if they so choose” he said.

Mr Pryde also said that it was ironic that the NZLS has concerns about the rule of law in Fiji but denies its members the opportunity to take up legal positions in Fiji by banning advertisements for legal positions in the NZLS publication Law Talk.

“If the NZLS was truly concerned about the rule of law in Fiji they should be actively supporting the rule of law in Fiji and reforms such as the establishment of the Independent Legal Services Commission to investigate lawyers.

To this end, I would like to extend an invitation to the NZLS to visit Fiji and to see first hand the progress that is being made in Fiji with regard to the rule of law” he said.

Where's the MSG Constitution?

 I received this comment indirectly via an email and hope the author does not mind me using it.

Throughout this whole matter, with the wranglings of ANZ versus MSG and the normal protocol lines of foreign policy talk, including a short press statement by MSG Secretariat on the postponment matter, there has been one important matter missing. Either the media have missed out on it, or no-one is reading between the lines.

The MSG has a formal Constitution document, which drafted by Vanuatu lawyer Bill Bani. If there is a procedural question as to the holding of a meeting or the term of office of a chairmanship, is it not the 'normal thing' to check what the Constitution of MSG says in regards to such a matter. In listening to Radio Australia, Daily Post and other media outlets, I have not come across any comment or statement as to what the MSG Constitution states in these matters.

Sherlock say Field "Completely Wrong" and Other Stories

SHERLOCK TO SUE BANK, BLAMES MICHAEL FIELD FOR FALSE STORY. NZ resort owner to file claim against FDB RadioFiji reports that former Fiji Lagoon Resort owner Jim Sherlock will file a claim against the Fiji Development bank over the closure of his business. (Photo Michael Field)
The Resort was seized in May by the FDB over a disagreement on the conditions of the repayment of a $300,000 loan.Sherlock says he has lost a lot from the closure and blames the FDB lawyers for much of the problem.

“What I’m doing is, I’ll just claim against Fiji Development Bank for destroying my business. The Bank itself has been quite good to me, as soon as the lawyers took over they saw that a bit of money was there to be made and they are in like robber’s dogs. So, I was really disappointed about that. I sold three properties in New Zealand, all put into this resort. Their lawyers didn’t think about the tourist side of it at all.”

FDB CEO Deve Toganivalu told FBC News he is not at liberty to publicly discuss confidential details of the Bank’s dealings with any of its customers.

Sherlock continues to be the major shareholder of time-shared Fiji Palms which he says is performing like a champion. He says he started Fiji Palms in 1988 and will never leave Fiji.

Meanwhile Sherlock says reports in the overseas media that he has been told to leave the country with just a suitcase are wrong.

“No! That’s a Michael Field one! I have only talked to Michael Field once and that was in May. He told me of a story he was going to print and I told him it was completely wrong. He wasn’t going to let the truth get in the way of a good story so he went ahead and printed it!


Note: Government critics have said the Fiji media are not reporting anything on the Sherlock saga because of censorship. This article is from RadioFive.

SINGAPORE ELECTIONS INVITE. Singapore High Commissioner Justice MPH Rubin  has invited Fiji's elections officials to visit Singapore to see how their electoral system works. Like Fiji, Singapore is an ethnically diverse society and its election system was designed to promote racial harmony and social cohesion in an ethnically diverse country. The High Commissioner, who is based in Wellington, leaves Fiji today.

A NEW USE FOR COCONUTS. A month on from the PM's opening of the coconut bio-diesel plant on Koro Island,  Vice Chairman of Koro Bio-diesel Cooperative Ltd, Tevita Vunileba, reports that the new fuel is cheaper and cleaner than ordinary diesel. Of the 14 villages on the island, 13 had generators, five of which are so far using the new fuel. He's hoping the remaining villages will switch to bio-diesel.

LAYWER FOUND GUILTY of misconduct. 

FIJI TELEVISION LTD. Fiji Television Limited said its board has now met to discuss the impact of the decree on its business.

TUILAEPA A DICTATOR. The NZ Herald, reporting the Samoan PM's rejection of Bainimarama's invitation to attend this month's MSG Plus meeting, also  noted,  "Letters to the editor in the past month have also seen readers call Tuilaepa a dictator, citing several controversial laws recently including the switch to right hand drive."

Don't forget to check out the Na Sala Cava questions noted yesterday by clicking on the orange directions icon in the right side bar. 

WEEKEND READING.   Allen Lockington's Column, Reader questions Ranjit Singh on Fiji Holdings Ltd Story,  Thoughts on Fiji by a Taranaki engineer and writer. Posted from 8:55 am tomorrow Saturday. 

New Land Legislation, Old Students and PINA, PM and the Forum, Tonga and MSG Plus, Consumers, Rotuma

NEW LAND LEGISLATION JUST AND POLITICALLY ASTUTE. Land lease money will be distributed equally among mataqali (landowner unit) members, when new legislation is passed.  The PM  said present distribution methods are a major cause of village disputes and leadership tussles. Government will be distributing lease money directly to the landowners without charging fees or interests. The new legislation, which cuts out the Native Land Trust Board 15% deduction and allocations to the chiefly hierarchy, will, according to the PM, empower people to take on responsibilities in their respective villages.

Meanwhile, the Land Use Decree will provide the legal framework for leasing of i-taukei and State-owned land at market rates. The PM said, “The law allows for the establishment of a land bank from which potential investors and farmers can sub-lease or lease land from the State for up to 99 years. This will provide certainty of tenure, improved rental return to the i-taukei landowners and to the State, and be a much needed boost to the economy. The role of the NLTB will be to provide the necessary information to the land bank.

Both moves are socially just and politically astute.  The former means that the landowning unit will receive all the rent to be distributed equally among mataqali families, a move that will undermine the influence of chiefs and "middlemen" at grassroots level. The latter move should see more mataqali willing to lease land; the withholding of leases will be no longer capable of political manipulation, and, the 99-year leases should see more people, individuals and companies, renewing or taking up leases. More land in production can only be good news for Fiji.

P.S. A statement by the Australia-based Fiji Democracy and Freedom Movement which sees sinister implications in these decrees has received wide publicity overseas.  I shall comment on their statement later in the week.

OLD STUDENTS AND PINA. I'm sorry to see two of my old students, 'Eakalafi Moala and Lisa Williams-Lahari, break from PINA and join others to form the  new Pacific Media Association that has the questionable advantage of including Australia and New Zealand. I understand and respect their reasons, but doubt it will help Fiji in any way. Could they not stay in PINA and join the new organization? I trust they will read -- and use --  my blog from time to time to get another slant. My weekend post reassessing the Media Decree would be a good place to start.

CONGRATULATIONS TO RADIO NZ INTERNATIONAL for printing some "good" news about Fiji. They report the Consumer Council's approval of incentives in the 2010 Review budget, and commend the Bainimarama Government for "being socially responsible by providing the means to spur economic activity and growth that will benefit all sectors of society."

TWO SRI LANKAN JUDGES  have been appointed to appointed Acting Chief Registrar and Acting Chief Magistrate. The Chief Registrar’s positions was recently held by Ms Ana Rokomokoti. Mrs Irani Wakishta-Arachichi is now Acting Chief Registrar and Mr Pamila Ratanayake is Acting Chief Magistrate.

THE PI FORUM AND SELECTIVE VISION. The PM has again expressed a wish to be readmitted to the Pacific Islands Forum but seems to think this unlikely as long as Australia and New Zealand turn blind eyes to current reforms. While not reissuing his earlier invitation to the Forum Ministerial Action Group to visit Fiji after Smith's and McCully's statements that the situation in Fiji had worsened, the PM said, “My government is always open to dialogue. It is most unfortunate that some of the foreign countries are turning a blind eye in terms of development and the reforms that this government is carrying out. In terms of the situation on the ground Fiji is not worsening as many would have thought, stats indicate otherwise given the various measures implemented. However, Fiji is one of the founding members of the Forum so we would like to see ourselves back in.”

TONGA STILL NOT SAID YES. Fiji is still waiting to hear from Tonga about participation in the forthcoming MSG-Plus meeting. My guess is they won't accept and this was one of the reasons why Tongan PM Feleti Sevele paid a friendly visit to Fiji last week. Tonga, and the other small Pacific nations, need to sit on, or very close to, the  top of the fence or they could offend their major aid donors. I hope I'm wrong.

THE CONSUMER COUNCIL REPORTS it has helped consumers save about $300,000 in the first quarter of the year by mediating and resolving their complaints. Some 654 complaints were received, the highest number concerning landlord and tenancy cases.

ROTUMA-TUVALU TRADE. Rotuma's exports to Tuvau, mainly in root crops, was due to start in August but the Agriculture Department in Rotuma wants it to start in November to fit farming schedules. Write 'Rotuma' into the search facility in the left sidebar to learn more about this new trade initiative that is part of Government's Roadmap to develop Fiji's outer islands.

CAN FIJI CUT UNEMPLOYMENT to 4.2% by 2012? Some 57% of Fiji Live pollsters said No.  It's nice to see "political" polls on Fiji Live again.

Lawyers Cocktail, Economy Predictions, Corruption Suspected, Advice to Indigenous Business

DON'T MISS WEEKEND POSTINGS:  More rubbish from Tupuola on Fiji military, Women and Poverty, Bainimarama address to Arab League,  Parmesh Chand on Public Sector Reform, Allen Lockington's regular column,  Reserve Bank help to Small Business, Feleti Sevele talks sense, New Aussie PM.

Quote for the Week
Journalists say a thing they know isn't true in the hope that if they go on saying it long enough, it will be true.  Arnold Bennett.

KIDS FLY FREE.  Air Pacific is offering a free return seat for one child accompanied by one adult (two children with mum and dad) for sale up until August 15, and for travel between September 2010 and February 2011. Call your travel agent now. Note: This blog offers free advertising to companies that assist the Fiji economy.

NEW FORMATS FOR COMPANION BLOGS. Your opinions on the new format on this and the companion blog Na Sala Cava would be most welcome. Click Directions icon in right sidebar. I will be publishing a new Na Salan Cava question soon. Your ideas for questions also most welcome.

(o) LOOKING NORTH, LONGTIME. A thoughtful article by Australian Lowy Institute intern and New Zealand Freyberg Scholar pursuing a Master's in Strategic Studies at ANU.  Read in full.

(G) SOLICITOR GENERAL'S COCKTAIL. More than 130 lawyers, members of the judiciary and former High Court judges from across Fiji attended the SG Christopher Pryde's inaugural SG Bar & Bench 2010 Cocktail at the Fiji Club on Friday. The occasion provided an opportunity for Government lawyers to get to better know their colleagues in the profession, and to welcome the overseas judges and magistrates to Fiji.

In his welcome, Mr Pryde said: “We now have judges and magistrates from Australia, New Zealand, Hong Kong, and more recently, Sri Lanka. The profession would like to welcome and to commend the overseas judges for their courage in coming to Fiji to take up judicial office, especially knowing the difficulties they have faced with their decision. A strong competent legal profession and an independent judiciary is the way forward for Fiji."

Arab League Friends, More Judges, NZ Law Society Refuse Fiji Ad., Momi Decree, Civil Service Reforms

(+) NEW FRIENDS IN MIDDLE EAST. Fiji Sun  editorial (abbreviated.) 
In case you hadn't noticed, the Government is not just strengthening and building relations throughout Asia, in Russia, and with such Non-Aligned Movement leaders as Cuba. Another growing partnership is being forged in the Middle East. The PM and Attorney-General are in the United Arab Emirates this week for a meeting between the League of Arab States and Pacific Islands nations. Their presence emphasises the importance the Government places on these ties.

The meeting is organised in cooperation between the Arab League and the United Arab Emirates to will discuss ways to boost trade, investment and ties between the Arab states and Pacific Islands nations.

The Government is also known to have followed up on an official visit by United Arab Emirates Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan in February. This includes on the Pacific Islands Partnership Programme the United Arab Emirates is developing. It was no coincidence that Mr Sayed-Khaiyum stopped over in the United Arab Emirates just a few weeks ago.All this underscores again the failure of Canberra and Wellington's efforts to isolate us internationally.When will they accept the realities of Fiji today and that they cannot dictate Fiji's internal affairs?
[The Arab League has set aside US$100 million to assist the Pacific, which is fully financing the trip.]


(o) JUDGE RECRUITMENT TO EASE WORKLOAD. The Chief Justice Hon. Anthony Gates has signalled there will be more Court of Appeal and Supreme Court judges appointed this year to help ease  the pressure on High Court judges. Speaking at a National Judicial Workshop he asked judges and magistrates to recommend lawyers who theyconsidered had "the necessary attributes of honesty, integrity, competence,knowledge, discretion and judicial manner."

He also commended them for accepting their judicial appointments despite "the travel bans imposed on us by Australia and New Zealand."

For the remainder of the year his Office is concentrating on recruitment of judicial officers, the collection of overdue fines, and training, which will be extended to clerks, referees, justice of peace and commissioners of oaths.

NZ LAW SOCIETY REFUSE FIJI RECRUITMENT AD.
During my recent visit to Fiji the Chief Justice informed me the NZ Law Society had refused to accept a full page advertisement seeking to recruit NZ judges.  I shall write about my meeting with him and other judges soon.

(G) MOMI BAY DECREE. Government has promulgated this decree to ensure the Fiji National Provident Fund (FNPF) does not incur any further losses through the Momi Bay Resort Project. The FNPF will now have control over the property which will allow development to continue, but the decree will not affect any proceedings institute in the courts by trade  creditors. FNPF has incurred a total $121 million towards the Momi Bay resort project. I shall have a  fuller posting on this later in the week.

(o) CIVIL SERVICE REFORM. World-wide, the civil service is often the butt of public disapproval. This week it was Fiji's turn, first by the PM, then by Parmesh Chand, Permanent Secretary for the Public Service Commission.

He  said 26,925 civil servants were too many for a small nation, and even with these numbers they did not live up to the people's expectations. He said the public sector was "characterised by lack of established service standards, ineffective work systems, ineffectual leadership, lack of transparency and accountability, along with low productivity." The reforms currently underway would produce a right-sized public sector through restructuring, modernizing human resource management and remunerations, rebuilding the capacity of the public services and introducing e-governance.  “At the moment, we are trying to address the issues, compulsory training of civil servants is continuing on all levels as well as the resizing of the sector,” he said.

I shall be running a fuller account of these reforms over the next few days, based on my meeting with the Permanent Secretary.

Scroll down to Melanesian Spearhead Group coverage.

Some Legal Backlog, Brij Over Troubled Waters, NLTB WakeUp, Transport Charges

600 COMPLAINTS AGAINST 136 LAWYERS. That's the number called by Chief Registrar Ana Rokomokoti who said 350 of the 600 complaints were unresolved cases inherited from the Fiji Law Society. She said out of the 398 lawyers with practising licences, 136 had one or two complaints against them. In some cases the complaints went as far back as the 1990s. Public expectation was high and the challenge to her Unit was to clear the backlog as soon as possible.

BRIJ OVER TROUBLED WATERS has left a new comment on your post "Public Service Reforms, Monitoring Charter Progress...":

Talking of public service reforms. I got a real shock this morning to read that Dr Brij Lal is the new permanent secretary for education. Surely not. Could it really be that the Girmit prince of the ANU had done an about face and joined his enemies in the regime? I wondered why no-one was making a fuss about it until I learned that there's another Dr Brij Lal in Fiji. This one has been in charge of all the country's primary schools and gained a doctorate from the University of Ireland. Fwhew! But talk about confusing!

Another of the public service appointments is interesting - that of Elizabeth Powell as the new permanent head of public enterprises, tourism and communications. She comes from one of Fiji's oldest and most respected kailoma families and is seriously smart. Many will remember her as once the face of Air Pacific when she was chief stewardess in the 1970s. But she went on to pursue an academic and business career in the US and has high level degrees in tourism from the University of Hawaii plus an MBA and a lot of corporate experience.Ms Powell came back to Fiji 18 months ago after living in Las Vegas, of all places, for several years.

Another good appointment and a further sign that Frank is determined to get the best people he can on the public payroll, irrespective of race. There's no way people like Ms Powell or Peter Thomson at the UN would have been chosen by the miserable SDL, nor would they have wanted the jobs anyway. Vinaka.

NLTB DIRECTED TO SPEED UP DEVELOPMENT. Following his tour  of the Northern Division last week, the PM has met with Native Land Trust Board officials to express  his concern at the questionable state of the Board’s services in the North.  The NLTB has been directed to speed-up development in the country by:

1. Reducing lease processing time to two months; 
2. Giving special consideration (not having to pay an upfront premium) to landowners who wish to lease their own land.
3. Revising methods of payment to ease financial burden to lessors, especially cane farmers; 
4. Presenting a plan to its Minister on how and when it will reduce its 15% administrative fee.

The PM repeated his assurance that the Native Lands Commission will not be reviewed except where issues needing clarification on traditional land boundaries and chiefly title disputes.





(+) CHARGES MUST MATCH WHAT PEOPLE CAN PAY. In response to people in Vanua Levu complaining that their land transport costs were too high, the PM has directed the Land Transport Authority to re-examine, and if possible lower, their charges to what rural people can pay. These people, the PM said,“do not work in a bank or a city. They are farmers and this is what the authority should take into consideration,”

He added the directive was not only to the LTA but to all State chief executive officers that they should get out of their office and visit places to ensure that the right services were being delivered. "I will make sure this is done so that members of the public receive affordable services," he said.  People in the Northern Division found applications especially costly because they had to be authorised by people in Suva. He had directed the LTA to deploy an officer to the outer islands to make processing easier.

FTIB EXECUTIVES SENT ON LEAVE DURING AUDIT. Fiji Islands Trade and Investment Bureau CEO Annie Rogers and general manager Tupou Raturaga have been sent on leave during the State audit and will return to work on June 28th. This is a normal procedure which has no sinister implications as anti-government bloggers would have us believe.

ILLEGAL SPARKIES. Consumer Council has welcomed Government’s decision to take away some of the regulatory powers of the Fiji Electricity Authority following complaints by the general public to the Consumer Council regarding unlicensed electrical operators around the country.

Reform void ‘aided institutional failure’

There has been a shocking history of corporate and institutional failure in Fiji because there has not been any fundamental reform in the area of corruption law says former Fiji High Court judge Nazhat Shameem.

Addressing the Fiji Institute of Accountants Congress in Sigatoka this weekend, Shameem put across a strong case for the creation of the Fiji Independent Commission Against Corruption (FICAC) in 2007 and this year’s Crimes Decree as milestones in Fiji’s fight against corruption.

She noted that despite corporate and institutional failures such as the National Bank of Fiji collapse and the agriculture scam, there were no new laws enacted in the past 20 years, up to 2007, and no new institutions created either under the Companies Act or in relation to corporate bodies, to investigate corruption.

“So people stopped believing in the justice system as something that will deliver,” she said.

“And I’m not just talking about the changing of the laws. I’m talking about the changing of the institutions to make sure that they work, that they are properly resourced, that the people who are in the institutions and who run them, are appointed on merit and not because they are the brother-in-law of the CEO.”

She also pointed out that “in all the political talk about FICAC, we don’t hear any analysis of the promulgations themselves”. “If we look past the way the promulgations were passed and all the political history, what does FICAC mean, what does it do? I don’t hear much discussion about those things.”

She said that as in Hong Kong, where it has taken 15 years to call their Independent Commission Against Corruption successful, so too it “probably is too early” to talk about how effective FICAC is. “So we don’t yet know. Nevertheless, it’s an institution that specialises in the investigation and the prosecution of corruption.”

The Crimes Decree 2010 creates “a whole lot of offences and in particular it targets corruption”, said the former High Court judge. She said under the decree enacted in February, companies that have failed or who allow their employees to have failed, will be found liable under criminal law.

“We also know that where employees or officers of companies or directors of companies commit criminal offences, corporate bodies are going to be liable under criminal law and will be prosecuted unless they can show that they have corporate culture in place ion their corporate bodies which discouraged criminal offending of this nature.” So it’s not enough to say in your corporate policy, ‘we don’t like you to break the law’, you’ve got to actually target particular offences. “So the Crimes Decree is an attempt to force corporate bodies to obey the law and create criminal sanctions if they do not.”

Shameem said the decree also attempts to force directors to control the CEO’s actions.

“In the NBF case, the CEO’s story is ‘I told the directors. They didn’t tell me to stop lending money’. And the directors said, ‘we believed the CEO. He said the bank is fine’. And we carried on lending. And of course all this time, the bank is insolvent.”

She said the crimes decree also has a provision that where a high managerial agent of a corporate body commits an offence, the corporate body is also liable in criminal law and will be prosecuted unless they have exercised due diligence in controlling the conduct of the CEO. “So now the law requires control over the actions of the CEO.”

Shameem said overall, the new laws were quite different from the old laws on corruption and are much easier to prosecute while the penalties have increased to ten years imprisonment.

“Also interesting are the fraud provisions.  Not only are there new theft provisions (taken from the English Theft Act 1968) which create new offences of fraud and deception, but there are also general offences of conspiracy to cause a loss or a gain, and acts done to influence a public official. Some offences will catch directors of companies who act dishonestly, far more readily that the Australian Corporations Act.”

(o+) Charter Progress, Politicians Spawned Racism, FNPF Board Abused Trust, Naitasiri Apologizes

DESTINY Lies Squarely In Hands of the People. "The destiny of Fiji lies squarely in the hands of her people and nobody else," National People’s Charter Advisory Council (NPCAC) Chairman Josefa Serulagilagi told members at the third NPCAC meeting in Suva.  Photo: RadioFiji.

Blog Ostrich, Ro Teimumu, Dorsami Naidu, Policeman Jailed, Tax Officer Defrauds, PM Blames SVT, SDL, Constitution on Track

Ostriches Bury Their Heads in the Sand. One of the more extreme anti-Government Blogs RealFijiNews has a confession to make.  "We have not[it writes] as a matter of principle read this illegal government’s 'Peoples Charter' since the purported abrogation of our Supreme Law last April which presumably this Charter was founded upon." Actually, the Charter preceded the Abrogation. The blog then goes on to ask where the country is heading. I suggest they read the Charter! Or this blog!

High Chief Ro Teimumu Kepa, head of the Burebasaga Confederacy that includes most of Viti Levu's south coast from Rewa westwards, parts of Ba and the island of Kadavu, was in court on Monday charged with breaching the public emergency regulations. The charge relates to activities last year when the High Chief allegedly conspired with Methodist Church ministers to host the annual Methodist conference in Lomanikoro in Rewa even though a directive was given by Prime Minister Commodore Voreqe Bainimarama not to hold the conference. The case as deferred until 4 May at the request of the defence.

The President of the Fiji Law Society, Dorsami Naidu, is  due to appear before the Legal Services Commission again today on charges of professional conduct. Four of the original seven charges are not being actioned at this stage. The three remaining relate to alleged misconduct by a legal practitioner and cover matters such as billing, speed in resolving an estate and a planned land purchase. If found guilty, the maximum penalty is a fine of up $500,000 or suspension from or being struck off the roll of lawyers.

Policeman Helps Robbers. A former police officer Saimoni Rokotunidau, who used a police vehicle to escort robbers away from the scene of the crime, has been sentenced to 12 years in jail by the Suva High Court today. The former officer had 31 previous convictions prior to his seven year robbery spree, which ended last year.

Tax Officer Defrauds Tax Office. Former tax general manager Vimal Krishna yesterday withdrew his application for a stay on conspiracy proceedings against him after his lawyer conceeded the Fiji Independent Commission Against Corruption's case against his client had "some merit." Krishna is alleged to have conspired with three others to defraud the Fiji Inland Revenue and Customs Authority of $10,000.

Government is Laying the Platform for Elections in 2014 and No one can stop that. This is what PM Bainimarama told villagers in Sawaieke, Gau. He also the PM  said he has brought in Army Colonels to hold the top posts in the Divisional Commissioner's Offices  because he he knew they would carry out their jobs efficiently. When elections came in 2014 they would know who to elect into Government from the work that is being carried out.

The PM told villagers in Lamiti, Gau, that the SVT and SDL parties had set Fiji back for over ten years. They had used racial discrimination to hold on to power, and this was one of the main reasons why indigenous Fijians rushed to Parliament House to support the Speight-led coup in 2000, without fully understanding what they were doing. A problem with indigenous Fijians, he said,  was that did not speak their mind, or be up-front about issues, allowing politicians to manipulate them.

Constitution On Track. The PM's Office confirms work on the new constitution will start in 2012, to give everyone ample time to hear Government’s views and contribute to discussions on the country’s new supreme law ordered by former President Ratu Josefa Iloilo in April last year. The Constitution will be promulaged in 2013 in time for the General Elections in 2014.

(+) Whose Court Smells of Rotten Fish?

The normally "moderate" and well informed anti-Government blog Fiji Today has published what some could believe to be a subtantiated post on the Bainimarama assassination plot trial that claims the  verdict was staged. The post is titled "The Smell of Rotten Fish in the Courthouse."

The blog said in investigating the story it (presumably one of the four editors) held "several clandestine meetings with a senior serving officer in the RFMF" and  from these meetings with this one officer of unknown rank and unknown access to information on military personnel or court procedures, the blog claims it can confirm:

1. The Chief Registrar of the High Court army lawyer Major Ana Rokomokoti is still listed as being on active duty with the RFMF. 
2. The Chief Registrar nominated both the judge and the assessors for this case.
3. Three of the five assessors in this case are serving or territorial members of the military.
4. The lawyers concerned were in no position to argue against the choices of the Chief Registrar Major Rokomokoti as she is also the person who gets to decide if they are issued with a practicing license to be a lawyer.

The blog concluded that the trial was staged, making much of the statistical odds (1 in 2.7 million) of three serving soldiers being randomly selected as assessors.   My information, from legal sources, does not support most of their claims. 

Their first claim is accepted. It is no secret that many military people are currently performing civilian functions. Ana Rokomokoti is a qualified lawyer fully capable of performing the tasks of Chief Registrar.

Their second claim is false. The Chief Registrar did not pick the judge or the assessors. The High Court criminal registry has a system of random case allocation which is monitored by the judges themselves, and not by the Chief Registrar.

Their third claim is also false. No member of the military was an asssessor and defence counsel were specifically asked to verify that this was case.

Their fourth claim is speculation. Assessors are vetted by the prosecution and the defence in a pre-trial conference.

There is no objective way of knowing or testing the professional integrity of the lawyers, the judge or the Chief Registrar, although some I know who attending the trial thought the evidence pretty conclusive, and the assessors' guilty verdict was unanimous.

Disagreeing with their verdict is an insufficient ground to question their integrity.