Anticipating Attempts at a Derailment of the Constitution Dialogue Process

Opinion by Croz Walsh

The Bose Levu Vakaturaga or Great Council of Chiefs that was abolished last week was a government body established to advise government on itaukei affairs, but in recent years it exceeded its brief by partisan involvement in national politics. In 2006 it comprised 55 members; 3 chiefs nominated from each of the 14 provinces, 3 nominated by the Council of Rotuma, 6 by the Minister of Fijian Affairs in consultation with the President (who was appointed by the GCC on the recommendation of the the Prime Minister), the Prime Minister, the President and Vice-President (also appointed by the  GCC), and former 1987 Coup leader Sitiveni Rabuka was a life member. None of the chiefs was elected and all of the members were itaukei.

 The PM's abolition of the Great Council of Chiefs (and my posting suggesting the abolition had pre-empted the actions of the Constitution Commission and Constitution Assembly) have drawn a wide range of responses.

Bainimarama's decision to abolish the GCC does not affect the traditional rights of chiefs, most of whom, of course, were not members of the GCC, nor does his assumption of the chairman's role in the Provincial Councils detract from the role of the councils or their chiefly members. These moves are not an attack on chiefs  as such, or on itaukei custom as paramount chiefs Ratu Naiqama Lalabalavu and Ro Teimumu Kepa have claimed.  Nor does the abolition run counter to "a right mandated by the United Nations" as Ro Teimumu and lawyer Nikolau Nanaikula would  have people believe. Indeed, some prominent chiefs have supported his move, among them Macuata's paramount chief, Ratu Aisea Katonivere, who wants to see chiefs return to their traditional role and stay out of party politics (Fiji News, 17.3.12).   Nonetheless, the GCC has been around for a very long time and many itaukei have come to consider it a traditional institution.

Bainimarama's intention is not to undermine the chiefly system. His  sole purpose is to remove the potential of these government bodies to thwart government policies and possibly serve as rallying points for a counter-coup or widespread disruption at national or provincial levels. Ironically, the reality of this threat was admitted  by Ro Teimumu Kepa in speaking against the disestablishment."The 2006 coup," she said,  "has only lasted so long because government suspended the GCC shortly after taking power."

In other words, had Bainimarama not suspended the GCC his government would have been overthrown in much the same way, presumably, as the Chaudhry government was overthrown in 2006, by a "peaceful demonstration" supported by some chiefs, opposition MPs and elements of the itaukei and business elite, the hierarchy of the Methodist Church, a mob and a military faction.

Many people, and I am one of them, would have preferred to have seen the GCC reformed on the recommendations of the Constitution Assembly, and not abolished before the constitution process starts.

But Baimarama's record shows that he removes anticipated opposition before it can be moblised. Thus, acting Landforce Commander Col. Baledrokadroka was stood down in early 2006 because Bainimarama knew he could not be relied up if events eventually resulted in a coup. The opposition of prominent chiefs, the GCC, the SDL and the Methodist Church to government initiatives, most especially the NCBBF and the People's Charter, resulted in the suspension of the GCC, the suspension of the Chief Justice, and the cancellation of Methodist annual conferences, and then, after Australian appeal judges found the coup to be illegal in 2009, he abrogated the 1997 constitution, stripped the Fiji Law Society of its previous powers, had the judiciary reapply for registration, forced the sale of the Fiji Times, sidelined millitary officers Ratu Tevita Mara and Pita Driti,  and imposed the public emergency regulations.


The new pre-dialogue environment
The lifting of PER, media censorship, and the announcement of the constitution dialogue process have  again created a new, freer environment where clandestine efforts by those opposed to Government's Roadmap, constitution and electoral reforms, and the 2014 elections could derail the process.  My original thoughts were than the abolition of the GCC pre-empted the Constitution Process, and in a way it does, but it also makes sense to pre-empt organized opposition to the process.  

The comment last week by military spokesman Col. Tikoitoga that attention will now move to depoliticising the Methodist Church (which he said "has been politically affiliated with previous governments which is not their role")  is a logical extension of the action against the GCC. As in the case of the chiefs, government is not against the church as such, indeed most of its members are Methodists, but it is against a church hierarchy that has politicised religion and it not committed to multi-culturalism. 

A further indication of things to come is the reply of the Attorney-General to Prof Biman Prasad's published comments  which  compared Fiji's low GDP  with Mauritius that has no military forces and a high GDP.  The A-G called on Biman "to give his recommendation to the Constitution Commission rather than speaking out in the media ...What they should be doing is going and making the issues to the constitution commission, we all know what the issues are, we said that in 2000, we said that in 87, so please go to the constitution commission and make your submission there”."

This could suggest that only limited discussion will be allowed before the Constitution Commission calls for submissions, and that an open forum will not exist until the Constitution Assembly meets. I do not agree with the A-G. People need to talk freely and openly, and think about the issues in a seamless process leading into the official dialogue. But, if my previous assumptions are correct, this is but another example of trying to prevent a  build up of organized opposition, and firmly established positions, before the Constitution process starts.

And if the CCF survey on which I commented last week (Preparing for Democracy Parts I-III) is any indication, there is a case for reasonable concern: the itaukei grassroots, could again be manipulated by their chiefs and talatala as they were in the coups of 1987 and 2000 and the elections of 2001 and 2006.

What we have is far from ideal —and far from the comprehension of Government's overseas critics—  but if there is to be relatively open and free discussion, a relative consensus of opinion in the Constitution Assembly, and a relatively democratic election in 2014, this is probably the surest and safest way of getting there.

If all goes well, the outcome should most definitely be relatively better than it was before 2006. At least, all Fijians will be treated as full and equal citizens,  and the prospect of future coups should be reduced when each vote has equal value, when  the members of all political parties come from all races, and when no constituency is based on race. But I doubt even then that Fiji's democracy will meet with  total approval.  A new Fiji, like Rome, cannot be built in a day.

Later in the week, I'll comment — with the A-G's permission, of course!— on the views expressed in favour and against the GCC.

Lockington's Everyday Fiji ... Life Goes On

Allen Lockington is a self-employed customs agent and business consultant who has regular articles published in Fiji. I thank Allen for permission to reprint some of them in this political blog. They remind us that life goes on, whatever the political situation. And it's good to know that.

                         Don't Get Sick

Overheard in the Lautoka market.

First man, “The Lautoka Hospital is always full on Mondays and Tuesday, and the doctors are so slow, we go in the morning and get seen in the afternoon.”

Second man, “Well, don’t get sick. Look after your health so you don’t have to go there.”

This is a common conversation that I hear in and around Lautoka. I also overheard similar remarks when I was in Suva CWMH on the weekend. People complain about how the hospital is always full and it takes a long time to be seen. They never look at the limited resources available or at their own life style that often caused them to get ill and needing medical attention. 

If people would look after themselves more, there would be less need to go to the hospital. And if more people looked after themselves, there would be fewer people at the hospital, calling on the help of its overworked staff and doctors. 

I want to repeat that last line again.

"The King is Dead! Long Live the King!"

THE POINT AT WHICH POWER IS TRANSFERRED 

by "Dr Kick", Vanuatu

As the processes for a return to democracy appear at long last to  perhaps actually be likely to happen, it may be worth noting this  basic principle of government:  "The King is dead!  Long live the
King!"

What this principle means is that a clear process for transitioning  rom one ruler to another is vital for a peaceful transition.  When  the succession is clouded, trauma can occur that disrupts life for large parts of society.

Examples include when there have been several Princely Contenders--or none--in centuries past; and more recently by Mr. Marcos not having a Vice President in the Philippines at the end of that nation's last experiment with Parliamentary government, 1978-86.  PNG offers an  interesting, but still occurring, variation on this problem.  This may be a more common problem in the Westminster format.

Fijians have often seen this basic rule.  Over the past 40 years, the post high chief of Cakaudrove has gone vacant for five or six extended periods.  The general peace that Fiji has enjoyed since Cession kept these 'vanua' transitions from devolving into serious internecine conflicts.

However, at the level of the nation-state, the matanitu, there are  fewer protections, fewer constraints, against conflict when there is a perceived power vacuum because of an unclear or non-existent
'future King'.

America has seen several of its Presidents leave office  unexpectedly--through death or resignation  Two of those occurred in the volatile period just before or after the end of a major conflict.  Because the US Constitution is short enough, most Americans have read and can understand the processes for transitioning from one leader to another.  Thus that nation's transitions from one leader to the next did have not created fears that might be exploited.

My worry with the "King is Dead ..." issue is that the uncertainties and potential power vacuum surrounding even a normal transition will be so much greater in this future case.

Stifling Opposition:

An Analysis of the Approach of the Fiji Government after the 2006 Coup   

 ANU Discussion paper by Mosmi Bhim, formerly of the CCF

Is the PM Pre-empting the Constitution Process?

WEEKEND READING      • Allen Lockington column  • Stifling Opposition by Mosmi Bhim (and others)   • "The King is Dead! Long Live the King!" 

                                   Opinion by Croz Walsh

I find three announcements made by the Prime Minister on Tuesday very disturbing.

With the Constitution Process about to proceed,  he has pre-empted discussion by announcing the abolition of the Great Council of Chiefs (GCC), the probable way of selecting future Presidents, and a change in provincial administration that will see the PM the chairman of all Provincial Councils whereas previously the chairpersons were elected by each of the 14 provincial councils. It is (or should be) the prerogative of the Constitution Assembly to decide on these matters, not the PM. 

At a time when Fijians (and the more observant in the international community) were beginning to see light at the end of the tunnel — but when there is still a long way to go —  nothing should be done to raise doubts about the PM's future intentions. And these three announcement do just that.

Chaudhry and Qarase
Already, the PM is being provoked by Chaudhry and Qarase. They will push the boundaries as far as they can in the hope that he will lose his cool, reimpose constraints on free speech, and so lose him some of his popularity.  There will be many more critical comments in the media, some helpful and some designed to derail the Constitution Process and win back support for deposed politicians.

Bainimarama does not need to address these or any other comments. Qarase, and probably Chaudhry, are on the way out, having lost much of their credibility. All the PM has to do is sit back, agree to differ and let them lose even more support while his tolerance of their opinions wins him more support.  Besides, there are others who can take them on.  Bainimarama belittles himself by taking them on himself.

Many others in the months to come will express opinions with which he may disagree. He should welcome the positive comments and ignore most of  the negative.  This is what a democracy is all about.  And besides, it is the Assembly that will make the ultimate decisions  —and Government is represented in the Assembly.

Around the time Government lifted the Public Emergency Regulations (PER) some decrees (the Essential Industries and Crimes Decrees) were enforced that included provisions for limiting freedom of speech and assembly. The Media Decree had been passed earlier. Many, most, parts of these decrees were of no concern but some provisions within the decrees left many people feeling was that one regulation had been lifted to be replaced by others. 

Professor Yash Ghai
The newly appointed chairperson of the Constitution Commission (that will hear submissions prior to the convening of the Constitution Assembly) has called for these provisions to be lifted.  I wholeheartedly support his call. 

There have, however,  been  two welcome signs of change. The media is now publishing opinions openly critical of Government, and yesterday's reversal of the police ban on an SDL meeting shows that  officialdom can change its mind.

 Dialogue cannot be open and inclusive if media freedom is curtailed and people do not feel free to meet and talk about the new Constitution.  For these reasons Government would do well to follow Prof Ghai's advice, or at least assure everyone that the restrictive provisions are there to contain extreme situations — not  discussion on the Constitution.

Great Council of Chiefs
Why the PM should be especially concerned about the GCC at this time is not clear but his action opened the door for criticism from  the powerful, and covertly hostile,  Tui Cakau Ratu Naiqama Lalabalavu that, according to my sources, found some support from ordinary iTaukei and Indo-Fijians in the streets of Suva.  While the GCC is a goverment body, staffed and paid for by the state, the abolition of a century-old institution should not have even been considered without wide public consultations. And the best time for this would have been during the Constitution consultations.

 If anything needed to be said about the GCC, the PM should only have signalled the need for its reform by the Constitution Commission and Assembly. Even Ratu Naiqama would have had to agree that it was formed to advise Government on iTaukei affairs.  It was never intended to be an arm of government, as it had almost become since 1987.

 Most people would agree that the role ofthe GCC should be limited  to iTaukei custom and land. It should not, as it has in the past, endorse any single political party, and it should have no power to appoint the President.  Most Fijians, and many chiefs, would supported this view.

The abolition of the GCC is akin to "throwing the baby out with the bath water." What was wrong could have been put right. A reformed chiefly body had, and still has,  much to contribute to modern Fiji.*

Senate
I fear Senate is another institution that could go the same way as the GCC.  It needs major reform, particularly in its membership,  but it has much potential as a cautionary, advisory and more representative adjunct to Parliament.  One hopes there is not another "pre-emptive strike" from the PM before its demise or future is discussed as part of the Constitution process.

Electing the President
The PM's reference to the likely election of the President arose indirectly as a result of a media question, because of the GCC's role in his appointment.  The PM should have deflected the question and said that was a matter for the Commission and Assembly.

Provincial Councils
It is also not known why at this time the PM should assume chairmanship of the provincial councils, that already have considerable government membership. His act denies vanua the right to elect their own chairpersons. And the explanation that this will result in Provincial Councils working "with the government in the development of Fiji" seems hardly implausible. It is true that past chairpersons, in Rewa, Cakaudrove and Lau, used meetings to attack or obstruct government policies but their threat had already been dealt with. Merely removing people as chairpersons will not stop them acting against Government, if they are so inclined.  Indeed, it could have the opposite effect in making more provincial council members oppose government.  

If the PM were to say anything new on the Provincial Councils it might have been to indicate that the Commission and Assembly would be considering the role, structures and membership of all local government, including provincial councils that at present administer and assist itaukei villages but not the Indo-Fijian settlements that are geographically located in the same areas.

Conclusion
It is too soon to know how Fiji is reacting to these recent moves by the PM but the next few weeks could be critical.  It can only be hoped the PM's recent un-strategic and  un-necessary moves do not result in a major setback to the Constitution Process plans.  This is where his, and all Fijian, attention should be focused.  Anything else is to take one's eye off the ball.

--ooOo--

* These thoughts from Jale O. Baba on the GCC in Facebook's Fiji Economic Forum
       In challenging Fijian institutions such as the Bose Levu Vakaturaga, the Commander has provided opportunities for reflection and soul searching in the process of national tansformation. Every state organ must be evaluated for its potential role in the modern state.
      For example, what real difference does the GCC which sits as the apex of iTaukei Affairs Board) make in the lives of ordinary Fijians? Does it serve any purpose in view of the fact that the Government has responsibility for infrastructure and economic development?
      The GCC is an instrument of the state; its roles and rules, membership, funding, I believe, are all determined by the state. As such it is incumbent on the state to review and determine its efficacy. 
      Relieved of state duties hitherto encumbered on them through the GCC, our chiefs may now look at leading their people better strengthening the values of kinship, reciprocity and mutual respect that provide a bridge to the other communities. These are qualities that can be harnessed to enhance the vision we seek.

Preparing for Democracy III

Preparing for Democracy III:

Human Rights and Good Governance

By Croz Walsh

Scratching the Surface: the Citizens' Constitutional Forum Survey November 2011. 
                                                  Website: http://www.ccf.org.fj/article/news/

Human rights

This term is very much to the fore in urban discussions about where Fiji is now and where it should be heading and I have no doubt some of this discussion will be known in rural village. But the term itself is an abstraction. Worthwhile discussion requires concrete issues such as freedom to work, worship, basic health care, education, shelter, and of course freedom of expression and freedom of assembly.

I presume such issues were discussed in CCF workshops and with the control group but the report only records whether human rights come with responsibilities (Yes, said almost everyone); should apply equally to all (Yes, over 90%) or whether the rights of “some (e.g., men) needed more protection (Yes, 30-40%). It was a poor example. iTaukei rights would have been more pertinent. As the report points out, some 13% of respondents seemed to confuse human rights and iTaukei rights,

Three questions were particularly important in this section: Whether human rights

clash with tradition; whether their core values are the same as “your” religion, and whether respecting human rights means treating others with respect “regardless of my opinion about their race or beliefs.

The CCF workshops seem to have had some success in changing iTaukei attitudes on tradition. Some 80% of past participants thought there was a clash compared with 86% of the control group but both responses would have been higher than CCF would have hoped for. Interestingly, women saw more of a clash than men. The Indo-Fijian responses were too mixed to know what they really thought. It will obviously be some time before rural (and probably urban) iTaukei find a way to accommodate “modern” ideas on human rights with tradition.

And yet, some 70% of iTaukei and over 80% of Indo-Fijians thought the core values in human rights were the same as their religion. Fortunately, given the intolerance sometimes shown between religions, almost all (over 90%) thought human rights meant respecting others' differences.

When asked to name the most important right, I'm pleased to report a very high level of Don't Knows. Eighty percent of iTaukei and 70% of Indo-Fjians either did not answer the question correctly or said they did not know. What is the most important human right? Those who mentioned anything mentioned the right to speech and rights of choice, and an even smaller number children's, religious and women's rights.

I'm sure CCF would have wanted more unequivocal answers but they obtained some interesting information and will now know where to better point their questions on human rights.

Good governance

This is another topic very much in the public eye with the media, NGOs, the Government and its critics frequently raising questions about transparency, accountability, responsibility and the qualities of good consultative leadership. The report concluded that there was “a good understanding of governance principles” with the “vast majority agreeing with the desirable attitudinal statements.” But “iTaukei often labor under the misconception that such principles contradict their religious beliefs or cultural values” such as a wife's duty to obey her husband and —more seriously for its political implications— the obligation to accept the decisions of leaders. The CCF acknowledges more educational work is needed in this area.

Responses to questions on the relationship between leaders and people made interesting reading. Almost all iTaukei (99%) thought everyone in the village should have a say in decision-making, and over 80% thought leaders should consult the community before making a decision, but 84% thought a leader's decisions should be “respected and obeyed without question”, even thought consultation may not have taken place, 60% said they would remain silent if they did not agree with a decision “being made in (their) community” and 22 to 16% thought that if “results are good it doesn't matter how they are achieved. “ Indo-Fijians responses were less compliant.

It is hard to know what to take from these responses but it is evident that community pressures are high. In these circumstances is seems unlikely that very controversial national issues issues will be openly debated unless they have the support of community leaders. Given the high level of support for the Speight Coup in the provinces sampled, it would seem that the best hope to change attitudes in ways that will affect actual positive behaviour is to target community leaders.

Almost everyone agreed leaders should serve their people; most (over 80%) thought transparency included village leaders (and not just Government) and most thought it wrong for leaders to use their position for their own, their family and supporters' interests.

But this left 14% of iTaukei past participants and 21% of the control group stating that serving one's own interests and nepotism were acceptable behaviour in a leader, and over 70% thought that if a leader took money from the community for personal gain the matter should be dealt with in the community and not by the police. Only 35% of Indo-Fijians would not have taken it to the police.

It is one thing to have perceptions of ideal leader behaviour and quite another to expect people to act when their leaders do not live up to these perceptions. One is left with the feeling that iTaukei rural communities have their own rules which are essential to their sense of identity, and that these are unlikely to change even when they conflict with the rules of the nation — unless their leaders' attitudes change.

Civic action

The rationale behind the CCF education programme is that information empowers, and empowerment will ultimately lead people, through civic action, to demand good governance, human rights and equal citizenship. 

The combined (past participant and control group) civic action was measured against a number of indicators — reporting a witnessed crime (59%), assisting others (6%), involvement in solving a problem or resolving a conflict (traditional-ways, 28%, other ways 48%), seeking official help 34%), and contacting the media (19%).

It is difficult —if not impossible— to convert these indicators into any sort of common measurement or to see how they may translate into participation in national elections. They may, as CCF intends, have an “ultimate” effect but a more pressing need is empowerment as it may affect national outcomes, and especially election outcomes.

Conclusion

The CCF outreach programme and the survey are commendable. It has definitely had some positive effects on entrenched attitudes in the communities where workshops have been held, but the CCF would be the first to agree their efforts are not enough. My reading of the report also suggests there are wide gaps between individual attitudes and their likely behaviour as it may effect national outcomes.

My advice would be to redirect their workshops to educating the leaders in iTaukei rural community (perhaps, as earlier suggested, by using churches to host workshops for their priests and pastors in rural areas, and for District Officers to convene workshops for their turaga-ni-koro) and more precisely target the attitudes and behaviour that is need to be changed. Work with ordinary iTaukei is, of course, extremely important and needs to stretch well beyond the 2014 elections but...

For the present, it's a question of logistics. How best to use limited resources in the short time that's left before what many would see as Fiji's most important national elections?

The CCF Report concludes by stating:

“These are changes which must take place as soon as possible to ensure that the values of good governance, citizenship and human rights are at the forefront of people's minds before Fiji next goes to the polls. There can be no greater threat to democracy in Fiji than continued ignorance among the population of the rights of their neighbors.”

As soon as possible.

Preparing for Democracy II

LINK TO Preparing for Democracy I.  Click here. 
 

Preparing for Democracy II: 
National Affairs and Citizenship

By Croz Walsh

Scratching the Surface: the Citizens' Constitutional Forum Survey November 2011. CCF Website.

The Citizens' Constitutional Forum led by its CEO Rev Akuila Yabaki has been Fiji's most prominent civil rights NGO since Rabuka's 1987 Coup. More recently, they spoke out against some of the proposed legislation of the former Qarase Government (notably their intention to 'forgive' the Speight coup perpetrators, and pass racist legislation).  They have opposed all coups, including the Bainimarama coup of 2006. But they are also realists whose seek positive outcomes. This is seen in their often critical but always helpful comments about Government which, unfortunately and to its shame, Government rarely heeds. It is also seen in their work to increase grassroots understanding of national affairs, good governance, human rights, and their rights and obligations as citizens.

Scratching the Surface reports their findings of grassroots knowledge and attitudes in a sample of 781 people, mainly iTaukei and mainly rural, living in three provinces —Naitasiri, Tailveu and Ra— from where Speight drew much of his support. On the whole the survey, that mainly used closed questionnaire statements in English, Fijian and Hindi,  was well conceived and executed, but it is extraordinarily difficult to pinpoint people's attitudes and determine to what extent attitudes may predict actual behaviour.  

News and Comments Tuesday 13 February 2012

Two-storey toilet

CONSTITUTION PROCESS COMMENTS 
JENNIFER HAYWARD-JONES ON THE CONSTITUTION PROCESS. Stars align for Fiji policy shift  Unfortunately, it was a shooting star.

WOW! two stories on Fiji in the NZ Herald that are not nasty, in one night!
http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10790989
http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10790967  
Nothing on NZOne News but 3News screened this report: -- Lesley Opie in Facebook's Fiji Economic Forum.
 
AND ANOTHER STORY: YASH GHAI SPEAKS ON  Constitution Plans. Thank you, RNZI.

MANIPULATED BY THEIR CHIEFS. “We were instructed not to accept any reforms and the People’s Charter proposed by the Bainimarama government. It was not the people’s choice that led them to ignore the changes that had taken place, because they were only following the chiefs’ decisions.”

 These were the words of Mokani village chief Jona Mualevu in offering a traditional apology to the PM from Mokani, Bau, Tailevu villagers last week. The PM grasped the opportunity to once again talk about dirty chiefly politics that helped bring Fiji "to its knees,"and  his reason for suspending the Great Council of Chiefs.-- Based on FijiSun,7/3/12,
For more about how itaukei  villagers think and act, read Preparing for Democracy II and III (published Wed.Thurs) and then ask what this meant for past elections, and may mean for future ones.

NZ HELP FOR SMALL BUSINESS. Small and medium business enterprises in Fiji will soon be boosted through the assistance of the Business Mentors of New Zealand.Business Mentor CEO said the organization had been in NZ for 20 years and had assisted 60,000 businesses. They have  some 1,800 volunteer mentors, and by the end of this year they hope to have helped 600 businesses throughout the Pacific. In Fji they will work with  Fiji Commerce and Employers Federation (FCEF) to assistance to  small to medium enterprises. General Manager Pacific Ian Furlong said that business owners in Fiji can enroll in this programme by either by visiting their website www.businessmentors.org.nz  or by contacting the FCEF.

Correcting the Negatives that Some See in Every Situation

THE CCF REPORT

A reader writes: "Where is the long promised CCF Report 'Scratching the Surface'? Your readers will be interested in its findings concerning: i) Current Fijian attitudes to the VKB  ii)General perceptions of Justice under the illegal regime and iii)Disinclinations to report witnessed crimes under the present administration.

My Response

This is a typical anti-government comment. It accuses me of hiding something, and then misreads what the media reported on the CCF media release.There's none so blind! I reported the media release, spent three days studying the full survey report, published Part I  of Preparing for Democracy last Friday but held back  Parts II and III to give prominence to responses to the Constitution Process announcement.

To answer his questions:
i)  The survey asked one question on the Vola ni Bola and 80% of  iTaukei responded that "only the indigenous people could be Fijian.” I argue in my article that this response could have confused "Fijian" with "citizen", and that it contradicted other questions on the citizen topic.  It could, however, be taken by itself. In which case, 80% of iTaukei thought that only those registered on the VNB were iTaukei. Technically this would be correct but only with respect but land-linked claims.

ii) The one question on this topic was "Do you think the quality of justice has improved in your community in the past year?" Some 94% said No. My reader took this to mean they said it had got worse. Not so. Not improved means worse or unchanged. If the same question were asked in my community, I'd be surprised if less than 94% say No — and they wouldn't be blaming the government. The question was not well worded because it produced an ambiguous answer.
iii) 40% said they would not report a "personally witnessed" crime and 60% said they would, but there's no way of knowing whether this is any different from 5 or 10 years ago. And many village people prefer to handle their own offenders rather than reporting them to the police. 

There is nothing in the CCF report that  even vaguely suggests opposition to Government. To the contrary: Government should find the report most useful in its future citizen education programme.

Parts II and III will be published tomorrow, Wednesday,  and Thursday.  I urge all readers to read them carefully.  The underlying meanings and importance of the CCF survey cannot be understood by sticking needles into a haystack.

From Around the World: Reactions to Constitution Processes Announcement

Fiji's plan for new constitution raising hopes San Jose Mercury News 15, 2006 file photo, casually dressed Frank Bainimarama leaves after a press conference at the Queen Elizabeth Barracks in the capital Suva, Fiji. On Friday, March. 9, 2012, Fiji leader Commodore Bainimarama announced a yearlong process for Fijians to ... See all stories on this topic »

Fiji's plan for a new constitution is raising hopes among those wanting ... Washington Post On Friday, Fiji leader Commodore Frank Bainimarama announced a yearlong process for Fijians to discuss, debate and approve a new constitution. Fiji has enlisted Yash Ghai, a Kenyan-born expert on constitutional law, to chair a commission overseeing the ... See all stories on this topic »

Bainimarama announces Constitutional Consultations Process The Jet Newspaper Fijian Prime Minister Voreqe Bainimarama announced Fiji's plan to formulate a new constitution, laying out the basic principles and timetable for the Constitutional Consultation process. The twelve-month process includes a civic education programme for ... See all stories on this topic »

Fiji strongman sets out timeline for constitution AFP SUVA — Fiji's military strongman Voreqe Bainimarama said a new constitution for the coup-plagued Pacific nation would be ready by February next year, ahead of elections in 2014. Bainimarama, who seized power in a 2006 coup, said his military-led ... See all stories on this topic » AFP

Fijians to get a say in new constitution ABC Online Commodore Frank Bainimarama has outlined plans for a new constitution that he says will remove systemic corruption. Public consultations on the constitution will begin in July, with a draft to be drawn up by January next year. See all stories on this topic »

Fijians to have input into developing new constitution Radio Australia News Prime Minister, Frank Bainimarama, says all Fijians will have a voice in the new constitution. Fiji's interim Prime Minister, Frank Bainimarama, says for the first time Fijians will have input into the development of a new constitution for the nation. See all stories on this topic »

Carr rejects talk of softening Fiji stance ABC Online Mr Carr said he had noted Friday's announcement by Fiji's military leader Frank Bainimarama about planned public consultation over a new constitution. Both Mr Carr and Mr McCully greeted the announcement with caution and said time would tell if the ... See all stories on this topic »

Fiji Constitution Talks Not Enough To Lift Sanctions, Says New Zealand FM Bernama Fiji Prime Minister Commodore Voreqe Bainimarama announced Thursday the consultations between the Constitutional Commission and the people of Fiji would take place between July and September. McCully said New Zealand would need to respond quickly to ... See all stories on this topic »

Fijian PM Announces Plan To Formulate New Constitution For 2014 Elections Bernama SUVA, March 9 (Bernama) -- Fijian Prime Minister Voreqe Bainimarama on Friday laid out the basic principles and timetable for formulating a new constitution to pave the way for the 2014 general elections. The 12-month process includes a civic education ... See all stories on this topic »

Clear timelines for formulation of new constitution announced Fijivillage Clear timelines for the formulation of Fiji's new constitution have been announced by Prime Minister, Commodore Voreqe Bainimarama in the last hour. Commodore Bainimarama has announced that the process will start from May this year when a civic ... See all stories on this topic » Fijivillage

Who's Breaking Their Word Now?

But where's the carrot?

Opinion by Crosbie Walsh

NZ and Australia used to say they would not ease up on Fiji until there were tangible signs of progress towards a "return to democracy." They spoke of sticks and carrots. But every small step forward from Fiji was met by "that's not enough" and "why should we believe Bainimarama when he broke his word before?"

For some week now writers had been  speculating that our relations with Fiji were about to change, and some wrote of a "gap" between the Australian and NZ positions. In Australia the parliamentary Opposition was supporting new discussions with Fiji. There were rumours of behind the scenes moves  from NZ, and both countries said they would help finance the electronic registration of Fiji voters. It was expected the demise of hardline former Australia Foreign Minister Rudd would  see a change in Australia's position and a new joint approach by both countries.

Last week, on Friday, Fiji announced —as promised—a very big step forward: the commencement of a firm and immediate timetable for constitutional dialogue with inclusive participation. Compared with two months earlier, the environment for the announcement could not have been better.

The announcement was met by widespread approval.  Fiji critic, Jennifer Hayward-Jones of the Australian private thinktank the Lowy Institute, approved.  NZ Foreign Minister McCully and new Australian Foreign Affairs Minister Carr both gave it qualified approval, and Fiji's Foreign Minister cautiously reciprocated.

Media in both  countries anticipated that Carr's visit to NZ on Friday would see a joint announcement on the easing of sanctions, possible re-admittance to the Pacific Forum, and new discussion with Fiji. Most observers thought the resumption of full diplomatic relations with Fiji was now only a matter of time. After a stand-off for several years, things were on a roll.

But it was not to be. All that had happened was either a smokescreen or something had happened very recently that caused Carr to change his mind. Graham Davis argues in Grubsheet this was probably pressure by the Unions. Whatever. The outcome was that McCully and Carr announced there was to be no moderation in policy and no quid carrots. They did not slam the book shut. McCully  said he was keeping an open mind and Carr said softening Australia's stance was premature. But in my book, Australia and NZ had broken their word. This was a big enough event to expect some change.

And,  as if they needed an excuse, the NZ Herald coincidentally published a full feature article on the questionable Dodds (No Law in Fiji) report, some two weeks after everyone else had had a say. Coincidence or not, it would have distracted public attention away from McCully and Carr's duplicity.

Not for the first time, my country has thrown away an opportunity to help resolve a difficult situation by showing some sense of understanding of Fiji's realities.  We could have been on the inside, helping Fiji achieve the best possible outcomes. Instead, we have again chosen, at least for the time being,  to remain on the outside —  and largely irrelevant.

Related stories
Graham Davis says pressure from ACTU causes Carr rethink
Brij Lal  cautiously optimistic.
Commonwealth  to watch developments
Chaudhry and Nik Naidu comment, a bob each way.
Beddoes welcomes announcement
Qarase pleased to be included
 Qarase says keep 1997 Constitution
Vakatale says commission will play vital role
CCF. Participation essential, says  CCF
Mara says it's a sham
More from Mara and the "Council for a Democratic Fiji."

Breaking Away from Petty Politics: All Will Have Their Say

MEDIA RELEASE: FIJIAN ATTORNEY GENERAL AIYAZ SAYED-KHAIYUM ON NEW CONSTITUTION

Some politicians are looking backward, caught in a time warp where nepotism, elitism and racism were the norm. Even to this day, there are voices that echo from that past, and those who seek to regain power and take Fiji back to the dark ages.
 

The Bainimarama government breaks away from the petty politics of the past in which personalities took precedence over building a modern and inclusive Fiji.

The Bainimarama government is looking to the future of Fiji and all Fijians.

During the process of formulating a genuine Fijian constitution, every Fijian will have the right to put their ideas before the constitutional commission and have the draft constitution debated and discussed by the Constituent Assembly.

The new constitution will be created for all Fijians. No politician or interest group will be either be shut out or given any special say.

We are all Fijians, and we are all equal.

The first step is civic education—informing Fijians of what a real constitution is, how it will affect their daily lives, and most importantly, focus Fijians on what issues they believe should be included in the new constitution.

As the process continues with the Constitutional Commission and the Constituent Assembly all Fijians will have a voice.

Next year we will have an enlightened Fijian Constitution that will make it possible to hold democratic elections in 2014, with the essential and natural right of one person one vote one value.

What is a Woman? Address on International Women’s Day

Address at the Westpac International Women’s Day Celebrations  

By Nazhat Shameem . Suva, Fiji. 8^th March 2012

“What is a woman? I assure you I do not know..... I do not believe that anybody can know until she has expressed herself in all the arts and professions open to human skill.” Virginia Woolf –“Professions for Women”

“Jodi Tor Daak Shune Keu Na Ase Tobe Ekla Chalo Re-(If no one responds to your call, then walk alone).” Rabindranath Tagore – “Gitabitan” 1905.

CCF Responds to Consultation Announcement: Two Releases Date

 The Constitutional Announcement
The announcement made by PM Voreqe Bainimarama this morning (March 9th, 2012) on the process and timeline for formulating a new constitution for Fiji is a step in the right direction.

The adoption of the fundamental guiding principles which have been taken on board from the handbook “Constitution: Making and Reform; Options for the Processes”, launched by CCF and Interpeace in January this year, provides a way forward for developing a truly participatory process.

The Constitional Reform Process: PM's Address, Media Release, Fact Sheet

BLOG ANNOUNCEMENT.  In the expectation that readers will wish to focus and comment on these constitution releases, Parts II and III of Preparing for Democracy have been deferred until  a later date. Allen Lockington's regular column has also been deferred.

The Prime Minister's Address


Bula Vinaka and Good Morning.

Ladies and gentlemen, today is a remarkable day in the history of Fiji. The process of formulating Fiji’s new constitution is being launched. The way Fijians have come together to rebuild, to share, to care during and after the recent floods demonstrates the capacity that we –irrespective of our individual backgrounds, ethnicities, and religions –can work together.

We can study together. We can live together as Fijians. We are one nation. And I ask every Fijian to keep this in mind and not be distracted by petty politics and politicians as we embark upon the constitutional
formulation process.

Formulating a new constitution that will be relevant to a new and modern Fiji will require that we unselfishly, patiently, and inclusively complete theprocess with integrity and honesty.
 

It must be done properly. When we are done, Fiji will have an enduring blueprint for all Fijians.  Every Fijian who wants to contribute and be forward-looking in the creation of an enlightened constitution will have the opportunity to do so.
 

For the first time, everyone will have a voice. This is a fundamental part of the constitutional formulation process that cannot be and must not be compromised. The constitution must be premised on the fundamental values and principles set out in the People’s Charter for Change, which my Government has been advocating and implementing.

Preparing for Democracy I

Preparing for Democracy I:

Minimal Democracy

and the Coup Culture

By Croz Walsh

It is too simple to claim there's either democracy or no democracy. There are many degrees of democracy and it comes in many forms, varying according to historical and other circumstances. There is no perfect or one-size-fits-all democracy but there are minimal and fuller democracies.

A minimal democracy is being able to vote every few years. Fuller democracies require a shared national ethic and an informed, aware and involved citizenry. The nationally accepted ethic, or sense of ultimate common purpose and identity, tolerates opposition, respects diversity and accepts responsibility for all members of the society.

This ethic, so hard to achieve, is especially important in a multicultural society such as Fiji where history and geography have resulted in racial, cultural and religion divisions that have detracted from a national unity of purpose, and where sharp inequalities exist between social classes, resulting in vastly different levels of education, economic status and influence — and opportunities to use, and abuse, political power.

These are the divisions, used by many Fiji leaders and their misled supporters, that have produced the racial political agendas and a “coup culture” which will continue into the future unless there is greater public awareness and wholesome involvement in political processes. And this is why the “immediate” elections demanded by local and overseas opponents of the Bainimarama Government would merely have resulted in more of the same: a minimal democracy with minimal checks on abuses of power.

Government has taken a number of steps to break this tradition. It has removed or tempered the influence of the old constructs of power — the SDL politicians, the upper levels of civil service and quasi-government boards, the Great Council of Chiefs and the Methodist Church hierarchy— with the intention of separating those who used the minimal democracy for their own purposes from their rank-and-file supporters.

It hopes its Roadmap which focusses on improvements in physical and institutional infrastructure will, among other things, grow the economy in rural areas presently peripheral to the main economy, and so increase the independence of rural people.

It has reduced the powers of the Fiji Law Society whose most prominent members were opposing its actions, and for a time its Public Emergency Regulations censored the media whose past record had done little to unite the nation. It is progressively introducing civics education and multi-lingualism in schools. Dialogue on constitutional and electoral reforms will commence soon, and an election education programme will precede the 2014 elections.

These efforts are to be commended, or at least understood in their context, but two critical issue are yet to be resolved: First, how much participation will Government allow in the forthcoming dialogues, and how well will participants respond? Token non-inclusive participation would be little better than the token “minimal democracy” that previously prevailed; and confrontational, obstructionist participation will not take the country forward. Participation in these dialogues will involve the urban elite, the national leaders, the most educated and potentially the most powerful members of society, the tip of the demographic pyramid. They will not involve “ordinary” Fijians.

Which brings us to the second critical, and imponderable, issue: what degree of participation will there be in the future of Fiji by its ordinary citizens? How prepared are they to exercise their rights as citizens? How able are they to look at issues on their merit, and not be overly influenced by supposed racial or religious loyalties? How likely are they to resist the calls of the racial and religious demagogues who in 1987 and 2000 created the political instability that has plagued Fiji ever since? For without the support of ordinary citizens the “coup culture” will never be laid to rest.

I have said this issue is imponderable because there is as yet no clear evidence of how ordinary people may feel and act. Some two-thirds of those sampled appeared to support the People's Charter which was a good response, given the opposition of the Fiji “establishment”. But that was in the past and we do not know how “deep down” that response was.

It is in this context that the survey recently released by the Citizens' Constitutional Forum provides a window into what ordinary Fijians are thinking, and what yet needs to be done if, to use Bainimarama's most popular phrase, there is to be a “change in mindset.”

Part II of Preparing for Democracy will be published tomorrow.

Adi Nani (l) and Adi Lelea Cakobau (r)

MEDIA RELEASE: Government presents “reguregu” FOR FORMER FIRST LADY

Prime Minister Voreqe Bainimarama today led a government delegation to pay respects and condolences for Lady Lelea Cakobau, former first lady to Fiji’s first local Governor General, Ratu Sir George Kadavulevu Cakobau.

Known in the i-taukei tradition as the “i-reguregu”,  today’s condolence saw heads of government ministries and agencies pay tribute to the former first lady at the chiefly island of Bau, in the province of Tailevu.

The former first lady who passed away on 3rd March at her home in Bau after a long illness, is from the Radave clan, also from Bau. Lady Lelea was 79 years old at the time of her passing and is survived by a daughter and three sons. The funeral will be at the chiefly burial ground in Bau on Saturday, March 10.

News and Comments Thursday 8 February 2012. International Women's Day

Fijian Sisters

MARCH 8. The UN theme for International Women’s Day 2012 is Empower Women – End Hunger and Poverty. This Weekend Readings will include an IWD address in Suva by Nazhat Shameem. In FijiLive today she said the Fiji justice system has let women down.  

ROBBING PEOPLE OF THEIR INDIVIDUALITY  AND HUMAN WORTH. "When we stereotype people, male or female, and of whatever ethnicity, when we make assumptions about them on the basis of their gender, their sexuality or their race or religion, we rob them of their individuality, and their worth as human beings."-- Nazhat Shameen

AUSTRALIA REVERSES A STEP BACKWARDS. At about the same time as the Australian parliamentary opposition foreign affairs spokeswoman Julie Bishop  was calling for a new direction on Fiji and open dialogue with the island nation,the new foreign minister Bob  Carr had already started to  reverse six years of hard-line Labor policy, most of it led by Kevin Rudd,  against the Fiji government. Carr is travelling to NZ today to discuss the 2009 exclusion of Fiji from the Pacific Forum and other Pacific matters with NZ PM John Key.  Changes that may be considered include bars on entry and transit for government people and their families and the lifting of a blanket ban on military cooperation and supplies.

In Fiji,foreign minister Ratu Inoke Kubuabola responded with, "With regard to media statements about Australia reconsidering its relations with Fiji, we have always been open to dialogue with Australia, but given the history of Australian policy towards Fiji, we are in a wait and see position. Fiji remains committed to its path of creating a new constitution and holding democratic elections."

See also Graham Davis's "Rollback on Fiji Begins" in Grubsheet.

A TOP CHINESE ENVOY  was in the country yesterday.

PROSECUTION DOES NOT MEAN INDEPENDENT. I don't know where FijiToday got this idea from but it's quite wrong on the role of a public prosecutor. "Fiji’s Director of Public Prosecutions Christopher Pryde is meant to be an independent Judicial official but releases a 'Government Statement'. If he is working for the government then he must agree with Mr Dodds that the Fiji Judiciary is biased."

PM to announce details of consultations tomorrow Friday

 QARASE WANTS IN. Qarese wants to be included in the constitutional dialogue and is concerned that "up to this stage even the Soqosoqo Ni Lewenivanua has not been notified. I find this hardly surprising given that the SDL was a major cause of Fiji's problems.

AND SO DOES KRISHNA DATT. Former labour politician, Krishna Datt also wishes to participate. He says that while "a review is necessary, the 1997 constitution was not the stumbling block for the previous government and that is why it was only abrogated in 2009." Curiously, he claimed "the 1997 constitution was rated as the best constitution in the world. " I don't know who made this extravagant claim.  He's right in saying the new constitution should build on the old constitution,  but I think he underestimates the changes and introductions needed.



THE FIRST OF A THREE-PART REVIEW OF THE CCF REPORT "SCRATCHING THE SURFACE" WILL BE PUBLISHED TOMORROW.

News and Comments Wednesday 7 March 2012

7.3.12   
CHAUDHRY SAYS NO REASON FOR DELAYS.  Click here.
BAINIMARAMA RESPONDS TO CHAUDHRY. 'Jealous Chaudhry' asked me to publish this.  Here's the link.

FRAENKEL'S INCREDIBLE RESPONSE to Graham Davis's  interview with Bainimarama, courtesy of (just one guess, yes you've got it) RadioNZ International.

CONGRATULATIONS FIJITODAY. FijiToday has announced it "is looking for suitable candidates to become authors on this site in the run up to the next election. An approved author will be given access to post stories directly onto the site.The authors we are seeking will have views both for and against the current administration as we strive to offer a more balanced opinion in this critical time. They will have a good understanding of the problems facing us in the immediate future and be constructive in any criticism.The identity of the new authors will be kept confidential, if required, but the quality and tone of the stories posted will be required to be of a high standard."

FijiToday is the most reasonable and fair of the anti-blogs and should be congratulated on this initiative.I  urge readers to seriously consider the invitation and, for good measure, I extend the same invitation for new authors on this blog.

FUND MANAGER ABSCONDS. Fiji is seeking Interpol NZ's help to locate the deputy general manager of the Fiji National Provident Fund, Foana Nemani, who was due in court last week over illegal payments totalling nearly F$70,000 (NZ$47,000). -- Gay Maxwell on FEF, Facebook.

FIJI-US TRADE last year was worth $US174m. Fiji’s exports were worth $US131.5m and US exports to Fiji $US42.6 million. Products included fisheries products, water, wood, machinery, and chemicals. Speaking at the American Chamber of Commerce, Fiji/USA Business Council annual general meeting yesterday, US Ambassador to Fiji Frankie Reed said there was room to improve trade. She noted that American businesses had interests in Fiji mahogany and in the sugar industry, with the acquisition of sugar buyer Tate & Lyle by American Sugar Refining. Reed said American investment includes the indigenous Native American participation in the new casino in Fiji.

SUSPICIOUS CHANGE IN FIJILIVE POLLS. For the last three days FijiToday has been watching the FijiLive poll recently and at 3pm today it was sitting at 63% saying  former politicians be allowed to contest the 2014 general elections and 36% opposed. It has been sitting around these figures for all of the three days.By 5pm the poll suddenly changed to the percentages below. Should former politicians be allowed to contest the 2014 general elections?  Yes  48%  No  52% 

CONTROVERSIAL MINING IN NAMOSI. The Namosi Joint Venture (NJV) is exploring for mineral resources in the Namosi and Naitasiri provinces approximately 30 kilometres west of Suva.No mining is currently taking place. Exploration activities are currently focused on two ore bodies in the Waisoi area in the Namosi Province which contain copper, gold, and molybdenum. Highly prospective copper and gold mineral deposits have also been identified in the Waivaka Corridor and other areas.

The Waisoi Project is in the exploration and pre-feasibility stage which involves a considerable amount of drilling, technical studies, community consultation and stakeholder engagement. Mining will not commence at Waisoi unless the Government approves a mine to be built and issues a mining lease.  The NJV will then decide if the Waisoi mine can be developed and operated economically and at an appropriate environmental, social and safety standard.

Fact Sheet from NJV
• No relocation of villages
• No use of, or impact to, the Sovi Basin
• No cyanide or mercury to be used during the copper
processing
• Tailings storage facility to be located in Wainavadu
Valley (closest point around six kilometres from
Delailasakau village)
• Wainavadu waste rock storage facility to be located in
Wainavadu Valley (closest point around three kilometres
from Delailasakau village after 25 years of mining)
• Up to 2,000 construction jobs and around 900 - 1,200
operational jobs
• Approximately US$1 billion to build the mine.

 -- Rishab Nair posted in Fiji Economic Forum, Facebook.

The Dodds Report: the Official Response and the Full Document

Official statment on the Dodds Report   
 British Lawyer Dishonest on Fiji Justice System

Christopher Pryde

Nigel Dodds, the Chairman of an obscure British NGO, Law Society Charity, has publicly spread false, outrageous and inflammatory allegations against the Fijian judicial system. The intellectually dishonest allegations follow a private visit to Fiji by Mr. Dodds in November of 2011, during which he claims to have interviewed many attorneys, judges and opposition politicians.

Mr. Dodds spent approximately four days in Fiji. Four months later, he is making an undisguised attempt to draw publicity for himself and his group as a supposed expert on Fiji’s judicial system.

Mr. Dodds never contacted the Director of Public Prosecutions or any other government official for his “report”.

“The failure to solicit any opinion from people actively engaged with the Fijian legal system strongly suggests that Mr Dodds and his organisation are either being used by certain disgruntled people in Fiji to promote a political agenda or are being deliberately obtuse.  Either way, the report is intellectually dishonest and does their organisation no credit.” said Director of Public Prosecutions, Mr Christopher Pryde”