(+) Corruption Charges Proceed

A little reported event in early May was the three-day visit to Fiji of a UN delegation there to assess Fiji’s compliance with the United Nations Convention Against Corruption (UNCAC). The team is reported to have said the Fiji Independent Commission Against Corruption (FICAC) showed promise and needs government support.

Papua New Guinea and Australia are also parties to UNCAC from the Pacific, but only Fiji has volunteered to be part of the pilot review programme.This is probably because getting rid of systematic corruption in the civil service was a major reason given for the 2006 military takeover.

Government opponents have ridiculed this motive, and made much of FICAC's lack of success in obtain convictions against those charged with corruption. As previously stated, this an incredibly difficult task without forensic accountants, that only countries like NZ could have supplied. But last week (22 May) we reported on one case under the heading "Corruption Charges and Pitiful Waste."Since then charges have been laid against a Cakaudrove Provincial counsellor for allegedly receiving a four-wheel drive vehicle in exchange for supporting a contractor's bid for major roadworks. And today's Fiji Sun reports an FICAC application for a retrial against former Fiji Ports Corporation Limited chairman, Sialeni Vuetaki, who allegedly approved payment of $177,000 to the Ports CEO without authority of the Board or Higher Salaries Commission.

The Government entity most charged with corruption is the Ministry of Works (the old PWD) where over $300,000 has been allegedly misappropriated. In the past two years 27 employees have been dismissed for various offences and a further 12 employees are under investigation. The Ministry investigation team, working in cooperation with the FICAC, thinks there has been a drastic reduction in corrupt practices and believes that by the end of this year it can confidently claim to have curbed corrupt practices. Fiji Daily Post. For further information about FICAC and its website, click here.

(o) Fiji's New Legal Decree Shares Much with Australian States' Practice

[This post looks at what one blogsite said was said about the new Legal Practitioners Decree, what was actually said, how the decree compares with the practice in some Australian states, and what the decree might - and might not- mean for Fiji. It is written because people in Fiji need a more balanced assessment and because more uninformed comment will soon reach the international media, if it has not already done so.]

There's more than a semantic difference between the Coupfourpointfive headline "Australia Law Council Condemns New Decree" and what Coupfourpointfive wrote on what ALC President John Corcoran actually said. He is reported to have expressed "grave concerns about the future independence of the legal profession in Fiji after the interim Government yesterday issued a decree removing the Law Society’s power to issue practicing certificates ...this could be the first step in the interim government's attempts to control the country's legal profession, by not allowing lawyers who oppose the regime to practise law." These are legitimate but worst scenario concerns about what the decree might mean in the future; not what it actually means now. The difference is important.

Corcoran was also concerned there was "no prior consultation with the Fiji Law Society or Fiji’s legal profession." Had FLS-Government relationship been better, there might have been consultation but with the FLS still urging lawyers not to take up appointments as judges, consultation was unlikely. However, a number of lawyers must have been consulted, if only to write the decree. Corcoran's main concern is one we all share: “Without an independent legal profession, a vital ingredient in upholding the rule of law in Fiji would be missing."

But he did not -- and indeed could not -- condemn the decree provisions because justice does not simply hinge on a law society with compulsory membership that registers lawyers and hears public complaints against fellow lawyers-- as the different systems operating in Australian states demonstrate.

Australian Comparisions*
In Western Australia, for example, membership of the Law Society is voluntary, a Legal Practice Board registers lawyers and a separate Professional Affairs Committee hears public complaints, (whereas in NSW, Victoria and Queensland the Legal Service Commissions hears complaints.) Membership of the WA Legal Practice Board (that registers lawyers) consists of the Attorney-General, the Solicitor-General (both government positions), Queen's and Senior Counsel, and 12 legal practitioners elected by all registered lawyers.

In Victoria the Legal Services Board consists of a Chairperson and three lay persons, nominated by the Attorney-General and appointed by the Governor in Council, and three legal practitioners elected by lawyers on the Board's electoral roll.

The Law Institute (similar to Fiji Law Society)is a separate body with voluntary membership to which the Board has delegated the responsibilities(to act "of behalf of the Legal Services Board") of issuing and renewing practicing certificates, maintaining the registers of legal practitioners and disciplinary action."

So, depending on the State, a law society may have nothing directly to do with lawyer registrations and complaints but it may be delegated one or both responsibilities. Law society membership is voluntary. All its members may have a say in its delegated responsibilities, or these may be decided on by a vote of all registered lawyers, whether or not they are members of the society.

Perhaps more important, the Attorney-General is the ex officio Chairperson or member of the Legal Service Board and in one of the two states the A-G appoints other members of the Board.

* I am not a lawyer but this is my understanding as obtained from the relevant official websites.See also my previous post : The Legal Practitioners Decree 2009: Fact and Opinion.

(o+) The Legal Practitioners Decree 2009: Facts, Opinions

A new Presidential decree, the Legal Practitioners Decree 2009, makes the Registrar of the High Court responsible for the registration of lawyers, and complaints by members of the public will be dealt with by a new Independent Legal Commission. These roles had been the responsibility of the Fiji Law Society from 1996 to 2009. All legal practitioners will need to re-apply for their practicing certificates with the Chief Registrar before their licences expire on June 30th.

Details of the decree differ in detail from previous media reports and blog speculations that had the Attorney-General responsible for these two functions, and the disbandment of the Fiji Law Society. The Decree sets out the establishment and continuation of the Society but with voluntary membership. Attorney General Aiyaz Sayed-Khaiyum said the role of investigating complaints against lawyers was given to the new Independent Legal Commission following public complaints of delays when investigated by the FLS.

The decree also helps explain why the Registrar of the High Court took files which contained complaints against lawyers from the FLS offices last Saturday. Sayed-Khaiyum said FLS secretary, Afrana Nisha, "was shown the decree, handed over the keys of the office and practically went down herself to show the Chief Registrar and her officers where the files were." It was not true that she had been forced to hand over the complaint files, as claimed.

Earlier, another judge, Justice John Bryne, was sworn in by the President and reappointed to the Fiji High Court. There are now four High Court judges, and the Court was reopened today. Further appointments to the judiciary are expected soon. Sittings of the Fiji Court of Appeal and Supreme Court have been rescheduled to the end of the year.

NZ Lawyer Reactions to the Decree

John Marshall QC, of the NZ Law Society said: “In New Zealand, the Law Society issues practicing certificates to lawyers. The Fiji Law Society has done the same for the last 12 years. We are very concerned to learn that the Fiji Government, through the Chief Registrar, will now decide who should hold a practicing certificate.

But, according to fellow lawyer and former MP Stephen Franks, this is not quite accurate. He also is concerned about the new decree but writes: "The NZ government in 2006 took over control of lawyer registration and discipline in New Zealand. So the NZLS can’t match Peter Williams QC’s claim that the Fiji legal system is now like that of Hitler’s Germany. Peter explained that the Fiji government will now control even the Society’s handling of complaints about lawyers by the government itself. That’s been the case in NZ since the 2006 Lawyers and Conveyancers Act 2006 came into effect last year."

So, it seems the decree and new judicial appointment do not of themselves mean the end of an independent judiciary in Fiji. Different countries have different systems, and they change over time : the FLS's authorities only date back to 1996. Was there no justice before then?

What is important is that the judiciary must impart justice fairly and be seen to do so. The implementation of the new decree, and the judgments of judges, will be closely watched.

(o) "Michael Field, Pacific Journalist"

This once respected journalist on Pacific Affairs seems bent on destroying his own reputation for independent, informed and balanced commentary by a stream of one-sided, highly personalised articles on Fiji. He also seems to have launched himself on a personal crusade against Bainimarama.

Witness, for example, his latest comment "Warrant to Arrest:Fiji." This could have been an informed account of the Fiji Registrar of the High Court taking files from the offices of the Fiji Law Society. It could also, legitimately, have used words such as "raided," "seized," "in plain clothes," and linked the incident to post-Abrogration clamp downs, including Government's surprise last-minute cancellation of Mahendra Chaudhry's meeting with cane farmer unionists in Labasa, reported on Coupfourpointfive. With Field's past knowledge of Fiji and Chaudhry, his opinions on possible reasons for this cancellation, and the one earlier in Lautoka, could have left us better informed on the intricacies and minefields of Fiji politics.

Instead, he starts his "comment" with a hyperbolic comparison between Bainimarama and Burmese generals, Robert Mugabe and Augusto Pinocet, dictators responsible for the deaths of many thousands. He then proceeds to warn Bainimarama, who like Pinochet apparently also suffers a heart condition, that he may soon be unable to travel overseas for treatment. These -- one would think irrelevant -- side swipes lead to an short account of the Court Registrar, Ana Rokomakoti, uplifting Fiji Law Society records for investigation. Field claimed to know she had no valid search warrant, and seemed to infer that because she was an army lawyer she should not also be the Registrar. This is an important story that may (or may not) be further evidence of unnecessary (or necessary) Government clamp-downs, Fiji Law Society intransigence, or both or neither. The opportunity was lost. Field preferred venom to vigour.

Here are three examples of the sort of argument and language he used. "She does this, nominally at least, as Registrar of the High Court. But no one is overlooking the fact that she is a Major in the Fiji Military and is subservient to its head, the self appointed dictator of Fiji ..."

"When the military are raiding lawyers, there is no justice left ..."

"... sending some major into lawyers’ offices is military routine."

Read the whole article on Field's website or on Intelligentsiya's blog.

This man, with many years of Pacific experience, produces a warped view of an important event, and not for the first time. Last year the NZ Broadcasting Standards Authority agreed his comments against then Fiji attorney-general Christopher Pryde on a March 7 broadcast were an "uneducated, ill-informed, deeply biased, unbalanced, and false account of recent events in Fiji." For more such comments, most of which contain highly personal, insulting, and one would think libellous remarks about almost every current pro-Government figure, click this page of his website.

This is what he says about himself in his blog (my underlining):

"Published author on the Pacific, including the definitive account on Samoa’s independence struggle and Fiji ’s coup culture.

Radio New Zealand National Radio commentator on Pacific affairs and sought by international media for an intimate knowledge of the history, politics, characters and issues of the region.

It is not a pleasant task pulling someone down from their former high heights, but New Zealanders need to be better served by their journalists if they are ever to understand even a little of what is happening in Fiji. Field's personal attacks on individuals may befit a blogger, but not a responsible journalist.

P.S. Please click on the comments from Alterego criticizing parts of this post. The photo above is the "real" Mr Field. Thanks, Alterego.

(o) ACP "Concerned ...Calls for Inclusive Political Dialogue"

The Committee of Ambassadors of the African, Caribbean and Pacific (ACP) Group of States has issued a statement on the political situation in Fiji, in which it expressed serious concern about recent events and called "for the opening and strengthening of inclusive political dialogue with all parties concerned with a view to quickly restoring constitutional order and holding democratic elections as soon as practically possible."

The announcement, while expected, will come as a disappointment to Government, and PM Bainimarama who attended a ACP meeting in Guyana and an ACP-EU meeting in Brussels in the hope of achieiving a more favourable outcome, particularly with regards to EU aid to the Fiji sugar industry and subsidised sugar exports to EU countries

(-) Sydney Fijians March Against Bainimarama Government

Sunday's march in Sydney against the Interim Government, organized by the Fiji Democracy and Freedom Movement, attracted a crowd of between "more than 150" (Sydney Morning Herald) and "up to 500" (the FFDM website, under the heading Fiji Democracy Marchers Bring Sydney Traffic to a Standstill.)

Marchers were addressed by Ballu Khan, NZ-resident businessman, Pramod Rae, National Federation Party, and Ted Young, a former minister in the Qarase Government. Marchers urged Australia to put more pressure on Fiji so that it will "return to democracy."

(o) Wherefore Art Thou Romeo? The Non-Specific Mr Smith

I wasn't going to report this item. In terms of substance it contained nothing new. But I changed my mind when I reflected on the lack of substance, the choice of words, and learnt more about the speaker.

ABC Online reports that Australia's Foreign Minister Stephen Smith (photo) says Australia is prepared for the "long, hard, tough battle" to restore Fiji to democratic rule. "We will do everything we can to return Fiji to democracy and we'll do that in conjunction in the Pacific. We'll also do it in conjunction with our friends in the Commonwealth."

Curious to know more of the Minister's background, I visited his ministry's website to learn what he knew about foreign affairs, the Pacific and Fiji. Mr Smith, a lawyer from Perth, Western Australia, has at various times been the Australian Labor Party's shadow minister of Trade, Resources and Energy, Communications, Health, Immigration, Industry and Infrastructure, Industrial Relations, and Education and Training! A long, varied list but he appears to have no expertise in foreign affairs. [This reminds me of many years ago when a NZ PM, struggling to establish the credentials of his pakeha (European) Minister of Maori Affairs, could only drum up: "He went to school with Maoris!" Sorry. I couldn't resist that.] In fairness to Australia, NZ Foreign Minister Murray McCully, also a lawyer, is no better qualified.

In both countries there seems to be be an unfortunate gap between the hands-on ("been there; done that") knowledge of the Ministers and their presumably better informed advisers.

Australian Aid to Fiji 2009-10

Australia, whose policy continue to cause severe economic damage to Fiji, paradoxically is offsetting some of this damage with its ongoing aid programme, although it accepts no responsibility for Fiji's plight and passes blame (in rugby it's called a hospital pass) totally onto the 2006 Coup and the global recession.

RealFijiNews (a pro-Government blog) reports:

"Australia’s aid to Fiji for the 2009-10 year is increasingly focused on mitigating the economic and social impacts of the 2006 coup and the global economic recession on the ordinary people of Fiji, according to Australia’s Counsellor for Pacific Development Co-operation, Judith Robinson, speaking in Labasa. The aid ... estimated at $48 million in 2009-10 ... will be directed at maintaining essential health and education services, and small and medium enterprise development, including contributing to efforts to make financial services available to the wider population, in particular poorer rural areas."

Australia previously gave $3million in flood relief, and "$A895,000 has been allocated to the agriculture sector for the procurement of vegetable seedlings, provision of veterinary antibiotics to prevent disease outbreaks amongst livestock herd, clearing debris from farms, improvement to on-farm infrastructure such as farm sheds and repair of farm access roads and irrigation ... As much as possible, Australia’s aid to Fiji seeks to make a practical difference to people’s lives. For example, through the National Centre for Small and Micro Enterprise Development, 20 new small businesses were started as a result of income generation training” said Ms Robinson.

The aid, of course, does nothing for Fiji's two largest industries, tourism and sugar production, the two industries that Australian political policies have helped undermine. This is not to denigrate aid, but bitsy, piecemeal, micro aid policies "tread water": they never resolve the bigger problems caused by rich-poor nation inequalities.

NOTICE: A "Must" Read on the Cafe Pacific Blog

Readers are urged to visit David Robie's blog Cafe Pacific to read "A Case for Change, Peace and Progress," a report by someone who attended the meeting hosted by Victoria University at which Jone Dakuvula and John Samy shared and receive audience feedback on their views.

Also, click here to read Samy's full address. This is an extremely important paper, detailing work on the NCBBF, the People's Charter, "promises" to the PI Forum about elections, and NZ Australia, SDL, Methodist heirarchy, and mainstream media opposition to the Interim Government's moves. I have also placed it among "Background Material."

(o+) Justice Gates's Moral Dilemma

A moral or ethical dilemma is a situation that often involves an apparent conflict between moral imperatives, in which to obey one would result in transgressing another. Resolving moral dilemmas is seldom simple.

I think Anthony Gates faced such a dilemma before accepting his reappointment as Chief Justice. Having once stated that the 1997 Constitution was Fiji's supreme law and only Parliament had the power to amend laws, his reappointment now rests on a Presidential decree and the Abrogation of the Constitution. The blog Coupfourpointfive and some other commentators whose opinions I respect question his motives.

But what does CJ Gates himself say? Speaking on the afternoon of his reappointment the Fiji Sun reports him as saying “There is no doubt in my mind that the judiciary must continue. Academic commentators may expatiate on the indelicacies of our situation, the constitutional dislocation itself, the present impossibility of constitutional compliance over appointments and many other niceties. What is of far greater significance is that the judges must act as judges. They need no other command. They must do the right thing. Few if any judges throughout the world will ever have to face the dilemmas we shall face; to be intellectually honest and yet to be efficacious."

“The task ahead for those judicial officers who have agreed to serve again will not be easy.They are to be commended for their courage and for their determination to continue to provide judicial services to the people of Fiji. I know that others will come forward to serve as judges, indeed some have already so offered. In time the judiciary will prosper and an adequate number of judges will be available and appointed. Some will come from Fiji and some from overseas.”

Fiji Village further reports him asking what would happen if Fiji has no judges, and why no one* (see footnote) questioned the legality or validity of the court rulings after the 1987 coup. Asking whether the right decision had been made, he said he has been through five coups in Fiji and he truly believes that the judiciary has to continue operating for the people of Fiji. Judges must act as judges and the judiciary has to continue with its work. He said he was confident that Fiji's judiciary would prosper and the right thing to do in this case is to ensure that the judiciary continues functioning.

Fiji Daily Post reported him adding that in the 1987 coup most of the magistrates and judges refused to swear an oath of allegiance in new order. He now believed judges like himself who refused to swear an oath of allegiance after the 1987 coup were mistaken. They would have done better to have continued to serve and play a crucial role in Fiji. “That is why I and others have decided to stay on and why I believe more should in time offer their services both from within the Fiji Bar and from overseas to re-create the Fiji judiciary.”

The interview with CJ Gates was reported by the Fiji Sun, Fiji Village and Fiji Daily Post. Unless I am mistaken, the prestigious Fiji Times made no report of the interview, presumably in protest against media censorship. But, having criticized CJ Gates in the past, they surely should have given him a "right of reply."

Victor Lal, writing in the blog Raw Fiji News, makes an important point: "The people of Fiji will only have trust in the judiciary if Gates is willing to go on record to state that the courts must be allowed to hear legal challenges to the Presidential decrees, actions and appointments. If not, the Fiji judiciary will be nothing but a mere rubber stamp of the illegal regime – with Gates as its master puppeteer and Pathik, Goundar and other judges likely to crawl out of the gutter as his orchestra."

I would not go that far. Given the present Fiji situation, litigation on the legality or otherwise of the President's decrees is better left until after a new democratically elected government is formed. Now, more than ever, calmer conditions are needed to get the opposing sides to talk with each other. But litigation on alleged abuses of human rights arising from the decrees should be allowed -- and it would increase the CJ's mana if he said so, or at least worked behind the scenes to ensure justice is done in these cases.

* In fact, many questioned the court rulings. I think Gates means "no one who supported the 1987 coups."

(o) Judiciary Begins to Return to "Normal"

New Zealander Anthony Gates (photo) has been reappointed as Chief Justice and Davendra Pathik and Daniel Gounder as puisne judges. Sosefo Inoke is a newly appointed puisne judge to the High Court. Lawyer Mary Muir has joined eight other magistrates sworn in earlier in the week. [For negative and possibly libellous-by-inference profiles of the appointees, obtained from unnamed "legal sources," see Coupfourpointfive.]

The country’s high courts have been out of session since April 10, when all judicial appointments were revoked as a result of the Abrogation of the 1997 Constitution. More judicial appointments are expected to be made soon. Nazhat Shameem, former Director of Public Prosecutions and Fiji's first female judge, has so far not been reappointed.Click here for full report.

Meanwhile,blog Coupfourpointfive reports in "Lawyers Put Pressure on Naidu" that some Western Division lawyers are urging Fiji Law Society President Dorsami Naidu to allow lawyers to be appointed as judges, but Naidu has refused to change his stance.

Prior to the Abrogation of the 1997 Constitution, the FLS was represented on the Judicial Service Commission on whose recommendations the President appointed judges, magistrates, justices of the Court of Appeal and Supreme Court, and the Chief Justice. As reported earlier, the FLS is also likely to lose its role as the licencing authority of lawyers. This function is likely to be taken over by the Attorney-General. To more fully understand the significance of these changes, readers are urged to read my May 10th post, "How Independent is the Judiciary?" --Post based on FijiLive and Fiji Times releases.

(o+) Corruption Charges and Pitiful Wastage

STOP PRESS.
"According to a Fiji Sun article, additional corruption charges also have been filed against the former General Manager of Native Lands Trust Board (NLTB)Kalivati Bakani and former permanent secretary for the Infrastructure and Public Utilities Ministry, Anasa Vocea."
Source http://stuckinfijimud.blogspot.com/


Corruption and gross Government inefficiency were among the reasons given by Bainimarama for the 2006 Coup, and many in Fiji were supporters of his "Clean Up" campaign.

The Fiji Independent Commission against Corruption (FICAC) was established soon after the coup but unfortunately (or fortunately, depending on your viewpoint) no charges of major corruption (and certainly none involving major players) have yet been proved in the courts, much to the apparent delight of Government opponents who claimed the campaign was merely an excuse for the coup. They conveniently forgot that instances of corruption were common knowledge and even the Fiji Times had accused the Qarase Government of "rampant corruption".

Bringing offenders to justice, however, has proved difficult for a government lacking forensic accountants, and exposing corruption has also proved difficult for a media lacking investigative journalists.

Rewa Provincial Council Former Head on Corruption Charges

The appearance today in the Nausori Magistrate Court of Savenaca Kamikamica, former Roko Tui Rewa (the executive head of the powerful Rewa Provincial Council) on corruption charges is therefore of major interest. He was detained under a Bench Warrant arrest because he had failed to appear in court for another matter, and charged by the FICAC of obtaining goods by false pretense. The charges alleged that in December 2005 he obtained goods from Suncourt Hardware under the pretence that they were for the Rewa Provincial Council Office under the Development Assistance Scheme,when in fact they were for his personal use.

Kamikamica pleaded not guilty and was released on a $3000 bail. The case has been adjourned till July 1st. Kamikamica is also facing another charge of larceny by servant. The judge agreed with FICAC Prosecutor Paul Madigan that bail conditions state he is not to interfere with the witnesses,surrender all travel documents, and pay an additional . $5000 bail fee. For the full report, click here.

Cakaudrove Provincial Council Report Wastage of Public Money

The Fiji Times, in an article "Aid in Ruin: Projects in Waste Four Year On" by journalist Theresa Ralogaivau, reports on another unrelated but relevant situation.

At yesterday's meeting the Cakaudrove Provincial Council was informed that project material provided by the Qarase Government under the Development Assistance Scheme that its office manages -- $100,000 annually -- "such as bags of cement, concrete blocks and pipes [intended for flush toilets and footpaths] are eventually reduced to ruin in the rain and sun, four years after they were first supplied to the village[s]."

The Commissioner Northern said it's a "sad waste materials for flush toilet projects at some villages were not used;" the Council chairman said the squandering of materials would only make it difficult for villagers to secure funds for future development; and a Council member thought the wastage "just [sic!] a reflection of poor leadership at village level..."

The situation, thought not to be confined to Cakaudrove, highlights the sorts of wastage of Government money under one of the affirmative action schemes promoted by the Qarase Government. Such schemes are needed, but people "redirecting" public money such as Kamikameca (if he is found guilty); and people, at all levels of central and provincial council administration, who are not doing their job to see that public money is not wasted, should be brought to account.

Responsibility starts at the top. It will be interesting to see if the present Government is any more successful in stopping such wastages than its predecessor.

(o) Fiji Troops to Stay: UN

Fiji Sun reports that Fiji soldiers used by the UN in countries like Iraq will not have their contracts terminated as was hoped by former UN Sec.Gen. Kofi Annan, and numerous opponents of the Fiji Government who were concerned about UN moneys being paid to Fiji for the use of its soldiers. The announcement was made by UN Peacekeeping Chief Alain Le Roy who said, “Fijians are needed in Iraq.” The UN was working out ways to replace them but no other country wanted to take up the posting.

The announcement will be a relief to the many Fiji military families that rely on wages and remittances from their sons and husbands.

(o-) NGOs Concerned About Presidential Appeal Limitations on Abuses of Human Rights

Several Presidential decrees gazetted since the Abrogation of the 1997 Constitution are causing concern to human rights organizations in Fiji.

The decrees include the assumption of Executive Authority by the President in which he appointed himself Head of State until a Parliament is elected in accordance with a Constitution yet to be adopted (by the people of Fiji in such manner as the Government of Fiji may in the future determine); his powers to appoint a Prime Minister by decree, appoint other ministers on the advice of the Prime Minister, make laws “for the peace, order and good government of Fiji by decree in accordance with the advice of the Prime Minister and Cabinet; the Emergency Regulations, and the revocation of all appointments to the country’s judiciary.

The most recent decree is on the Fiji Human Rights Commission.Under this decree the commission is to educate the public about human rights, but is not to receive complaints to investigate or question the legality of the abrogation of the 1997 constitution or other presidential decrees. This latter provision is in line with similar limitations placed on earlier decrees.

Tupou Vere, Director of the Pacific Resource Concerns Centre, "question[s] what’s the point of having a human rights commission in the country when any semblance of human rights is virtually nil. At the moment in Fiji when we have decrees such as this one, we don’t see any relevance of having any mechanism, a human rights institution in the country.”

Akuila Yabaki, CEO of the Citizens’ Constitutional Forum (photo), describes the curtailment of its status and powers as "unfortunate," but reminds citizens the international human rights mechanisms can still be utilised under the various human rights declarations and conventions. Yabaki called on the Caretaker Government to restore the 1997 Constitution and>the judiciary, so that those arrested or detained under the State of Emergency regulations have a chance of fair treatment from the law.

“The decree prevents the FHRC from receiving complaints against, investigating, questioning or challenging the legality or validity of any Decrees made by the President. It is interfering with the independence of the FHRC,” he said. “The FHRC will now be unable to perform the key role of acting as a watchdog of the government as it is no longer allowed to make recommendations on the implications of any proposed law or policy that may affect human rights. However, Fiji’s government is still accountable to the international human rights bodies and has obligations to protect and respect core human rights and provide progress reports to the international community represented by the various treaty bodies. Fiji, as a member of the international community and a recipient of aid money, has obligations to uphold core human rights. Concerned citizens can still utilise the international mechanisms available – such as the reporting and complaints procedures available through the Optional Protocols and the UN Committees for human rights conventions and declarations.”

Rather less moderately, long-standing Government opponent Attar Singh, did not think the statement strong enough: "Is this all that can be said about it particularly by an organisation funded by foreign funds? I would rather keep shut than to make such feeble attempt just to go on record."God save us! Thanks anyway and have a nice day. Attar."[Hmm!]
--Sources: FijiLive; CCF; Pacfemlinks.

(o) Justice Needs to Be Seen to Be Done: Let Them Blog

Two partners in the law firm of Munro Leys, Richard Naidu and Jon Apted, have been taken in for questioning. Both have been associated with legal cases against the Government and Apted is a former Supervisor of Elections.They are alleged to have broken the Emergency Regulations by posted blogs on the anti-Government blog Raw Fiji News. Another anti-Government lawyer, Tevita Fa, has also been detained.

This news comes on the same day that Attorney-General Aiyaz Khaiyum announced a further delay in the appointment of new judges (they will appointed "in due course"); and deferment "until later in the year" of sittings of the Supreme and Appeals Courts. Only the lower, Magistrates Court, is functioning -- with one magistrate for each district!

It is over one month since April 10th when the Abrogation of the 1997 Constitution nullified judicial appointments -- far too long, in this writer's opinion, for the country to have in "incomplete" judiciary.

Earlier in the week, lawyer Niko Nawaikula, a former MP in the Qarase Government, struck the right chord. Many lawyers have refused to have anything to do with the Government since the Abrogation. But Nawaikula called on his colleagues to take up appointments to avoid further backlogs and to avoid further delays to justice.

For its part, Government needs to strike a similar chord by displaying "urgency" about judicial appointments and seeking some accommodation with the powerful Fiji Law Society that, incidentally, hopes to meet this week to discuss developments -- if it can obtain a permit to do so!

Government may have good cause for its actions, and inactions, but there is a far more compelling reason why it should ignore the bloggers, speed up the appointment of judges, and allow the FLS to meet. Government needs to quickly reassure the informed public that its own cause is just.

Justice needs to be seen to be done. Blanket clamp-downs convey the wrong message, and deprive Government of the feedback, advice and opinions it needs to achieve its longer-term goals. In today's Fiji, unrestrained opposition and totally gagged opposition are both equally unhealthy and equally dangerous.

(o) Rudd and Key Should Call Bainimarama's Bluff & Visit Fiji

STOP PRESS NZ has removed its travel ban on Fiji sports teams.
All speakers on a Radio Australia programme agreed that Australia and New Zealand needed to change their approach to Fiji. Ati George Sokomanu, former Vanuatu President, thought PMs Rudd and Key needed to sit down with Bainimarama face-to-face over a bowl of kava. Bainimarama had earlier offered an open invitation to Rudd (photo R) and Key (L) to come to Fiji for talks. The offer should be take up. Others questioned were Bruce Haigh, former Australian diplomat (a "soft touch" is needed); Derek Brien, Deputy Executive Director of the Pacific Institute of Public Policy, and journalist Graham Davis. All agreed a more open and flexible approach is needed.

(o) Australian "Authority" on Lasaro Arrest

Dr Keith Suter of Macquarie University, billed as an authority on military governments, believes that the detention of Reverend Lasaro is a sign that the Fijian military regime is panicking.

He may well be correct but he seems ill-informed on the Methodist church and the Rev. Lasaro. Here are two extracts, followed by my comments, from his 15th May ABC interview:

Suter: "This [Lasaro's detention] is a very significant development because not only have they taken on a religious figure, but he is actually one of the most important religious figures in Fiji ... the Commodore is concerned that he's not enjoying the support of the [Methodist] religious leadership ..."

Walsh: It is important not to tar all the Methodist hierarchy with the same brush. Some, like Lasaro, supported the 1987 and 2000 coups, led by extreme Fijian and religious nationalists.These people opposed the 2006 military takeover that called for the equality of all races. Lasaro is an "important figure" but I doubt he has much support among moderate Methodists, and he was unsuccessful in his bid for President last year. Overseas Methodists would have difficulty reconciling the Methodist beliefs they know with the practices of Lasaro and his like.

A more "significant development" is the report that Lasaro was planning an anti-Government protest march, during a national state of emergency. Government also fears he may try to use the church's annual conference for political ends (see below).

Suter: "And in previous difficulties we've [sic!] had, the religious leaders have not been arrested in this way. So it does represent a new chapter in church-state relations in Fijian politics."

Walsh: There was no need to arrest them. They were prominent supporters, and it is highly likely Lasaro was directly involved in the planning of the 2000 coup.

The Methodist Annual Conference

The conference, from 18-29 August, will be attended by up to 10,000 people from all over Fiji. The venue, at Lomanikoro in Rewa province, could not be worse placed from Government's viewpoint. It lies at the heart of the Burebasaga confederacy headed by Ro Teimumu Kepa, a prominent member of the Great Council of Chiefs, former Minister of Education in the Qarase Government, chairperson of the Rewa Provincial Council, and a fierce opponent of Government. The combination of Lasaro and Ro Teimumu at a Conference of 10,000 -- and its proximity to Suva -- could provoke major political unrest. I would not be surprised if Government calls for its indefinite adjournment.

(o) How to Win Friends in Fiji: EU Cancelled Sugar Allocation Will Affect One-Third of the Population ... and Some

The European Union's 2009 Sugar Allocation for Fiji, worth €24 million (F$70m) has been cancelled. Commissioner Louis Michel said the cancellation was due to the "absence of any indications that a legitimate government will be in place in 2009."

The announcement came as PM Bainimarama, unaware of the announcement, left to attend a ACP (Asia-Caribbean-Pacific) ministerial conference on Sugar in Guyana, South America. Before leaving, the PM said he knows Australia and NZ are pushing hard to ensure Fiji is not assisted by the EU, the United Nations, the Commonwealth and the Asian Development Bank.

Australia, NZ and the US are reported to be talking about "targeted sanctions." Nearly one person in three in Fiji is involved in some way in the sugar industry. It is hoped the Australian, NZ and US aim will be more accurate than the Europeans -- or there will be no one left to aim at. I doubt any of them would try the same tactics on China.

(-) Anti-Government Bloggers Show Their True Colours

Readers unfamiliar with anti-government blogs could well make an exception and read three recent postings which say much about their thinking, and their concern for the ordinary people of Fiji.

Intelligentsiya seems delighted the EU has reaffirmed financial aid to Fiji is suspended. This is bad news for the tens of thousands of people dependent on the sugar industry.

Raw Fiji News welcomes the possible withdrawal of Forsters from the Fiji Stock Exchange. This will mainly affect the wealthy.

Most seriously, Fiji Uncensored, welcomes the prospect of a mass Methodist parade against the Government, and the horrific consequences this could bring. There are three posts "Maths and Methodists","March, at Any Cost?" and a report based on supposedly inside information, "Democracy Movement Says Army under Orders to Shoot Civilians," from the Australian-based Fiji Democracy and Freedom Movement website.

POSTSCRIPT.19 May 2009. I am assured by the author of the Fiji Uncensored post that he does not "welcome" the march and is fearful of the consequences should one take place. Click the Fiji Uncensored blog to see his comments and my reply.

(+) Government Helps Rotuma Development: Trade Links with Tuvalu

This week is an important one for Rotumans. Some 128 years ago, on May 13th, its chiefs ceded the island to Britain. The occasion was fully reported by the Fiji Times but there was only perfunctory mention of the island's export developments. Compare its report, that makes minimal comment on "positive" Government's role, with the exuberance of the Fiji Daily Post, and the comments made by Rotuman Maj.Gen. George Konrote. Click map to enlarge.

Fiji Times: Rotuma Builds Up to Export Market
Dalo, cassava and kumala will be among the first exports from Rotuma to Tuvalu expected to begin in July. And to boost capacity in the lead-up to that date, the Rotuma Island Council has been given $100,000. Commissioner Eastern Tomasi Tui, who is on the island at present, confirmed the grant would be used through the Rotuma Island Council. This after the Ministry of Agriculture and Fisheries recommended the council set up a business arm to, among other things, operate as an exporter and act as the agency for the trade between Rotuma and Tuvalu. Director of Quarantine Hirangi Foraete said the business arm would also help farmers obtain export licences.

Fiji Daily Post: My extracts from a larger report

Remote Rotuma (click map to enlarge), 465 km north of Fiji proper, with no significant exports other than people, is to open trade links with even more isolated Tuvalu, a country of eight almost soil-less low atolls, and one of the smallest members of the UN. The link has been made possible by a new Rotuma wharf, the declaration of Rotuma as an official port of entry, encouragement for a business arm of the Council of Rotuma, Agriculture Extension Division support to plan a consistent supply of dalo, tavioka and kumala, a Government $100,000 grant, and the construction of quarantine, immigration and customs offices and accommodation by the RFMF Engineers Corp.

Major General George Konrote, former Fiji High Commissioner to Australia and a former cabinet minister in the Qarase Government, speaking on behalf of the Council, told the visiting Government delegation that Rotuma was grateful for Government’s efforts to boost economic development on the island. “In just a short time span," he said, "the Government has turned its focus on Rotuma’s development and this can be seen through the number of commitments it has undertaken here ....Please convey to the Prime Minister our thanks and gratitude for all these developments.”

Information notes added by me
Rotuma, a soil-rich volcanic island of about 43 km2, has a population of about 2,000 and a further 10,000 Rotumans live in Fiji proper. Prior to the 2006 Coup, the Council of Rotuma appointed three members of the Great Council of Chiefs and one member of Senate. Rotumans elected one communal MP, and shared an open electorate with Lau and Taveuni. The Council of Rotuma comprises two elected representatives and, ex officio, the traditional chief of each of its seven districts. Many Rotumans have occupied senior positions in government, the army, and the professions, and some, like Maj.Gen. Konrote, have retired to Rotuma. Others have been succesful in business (Walsh 2006). The deposed former Chief Justice Daniel Fatiaki was a Rotuman.

Tuvalu, independent since 1978, consists of nine atolls totalling 26 km2. The highest point above sea level is 5 metres. Its main island and capital is Funafuti. The population is 12,000, making it the third smallest members of the UN. With virtually no soil and limited crops of breadfruit and giant talo, the main sources of livelihood are fishing and remittances, $4 million in 2006. One in six adult men work on foreign ships. Other income comes from fisheries royalties, royalties from the lease of its ".tv" internet domain name ($US50 over 12 years), stamps, coins and very limited tourism. Substantial income, however, is received annually from the Tuvalu Trust Fund (TTF), established in 1987 by Australia, NZ, and the UK and supported also by Japan and South Korea. TFF,worth $77 million in 2006, supplements government budgets.

(+) Why Shouldn't the Government Have an Assured Media Presence?

Reactions to the Government announcement that it will start a TV channel and purchase pages in the Fiji Sun have, predictably, been blown out of proportion by journalists. They could, of course, be correct in seeing these ventures as 'sinister, 'a desperate act', and 'ruining this industry,' but it is just as likely that the Fiji Government wants to get its message across to the public, believing that, judging from the Fiji media's record, it is otherwise unlikely to be given a fair go.

Click here for the opinions of Australians Tim Pankhurst, Commonwealth Press Union's Media Freedom Committee, and deported Fiji Sun publisher Russell Hunter, RNZI interviewer Kerri Richie, and Government spokesman Neumi Leweni answering her questions.

The Government TV channel will be on air for seven hours a week. Fiji has one free-to-view channel, Sky Fiji's three channels, and Sky Pacific's umpteen channels. If viewers are bored or annoyed with what Pankhurst called 'government propaganda and material' they do have choices.

Government's up to 20 pages a week in the Fiji Sun is not a "takeover" as Hunter claims. They will be paid for, just like advertising and, as with the TV, readers have a choice. Fiji has three hard copy English language newspapers, and Fiji Live is available for those with computers.

Ritchie told Leweni "There's been criticism that by doing this, the Fijian interim government is using the media to push its own aims and objectives." Leweni said, "Well you tell me, you tell me.What other government doesn't? Australia has got Channel 7." Pankhurst had to agree: "all governments push their own viewpoint. Our Government does that with hordes of press secretaries and coms people, but at least here we have a free and rigorous media to balance that."

So what's wrong with a Government media presence? Australia does it, all governments do it, and it all may have been unnecessary had the media not been so anti-government in the first place. The media has rarely been a "rigorous" reporter of political events in Fiji; it has been key player. It has helped make Fiji the way it is now. And, arguably, the foreign media has been worse.