May 22, 2013

Human rights not for sale

Wednesday, May 22, 2013
By Sir Ronald Sanders


imageThe military leader of Fiji, Commodore Frank Bainimarama, recently said that he would like to cut his country’s ties with neighbouring Australia and New Zealand and align with China. (Photo: Fiji Times)

The military leader of Fiji, Commodore Frank Bainimarama, recently said that he would like to cut his country’s ties with neighbouring Australia and New Zealand and align with China. His statement would find little support amongst the people of Fiji who value their long and deep relationship with Australia and New Zealand. 

Bainimarama’s reason for saying he would sever ties with Australia and New Zealand and align Fiji to China has nothing to do with the interests of his country or his people.  It is entirely to do with Bainimarama’s perception that China would be tolerant of his government which resulted from a coup d’état four years ago.

Both Australia and New Zealand – countries to which many Fijians have emigrated and who are Fiji’s biggest trading partners  – have seriously objected not only to the military coup, but also to the fact that Bainimarama has failed to hold democratic elections at which a civilian government could be elected.  Neither country shows any sign of letting-up on their objection to a serious violation of democracy in Fiji.


“Human rights and democracy should not be for sale”       --Sir Ronald Sanders
The Commonwealth – a grouping of 54 nations of which Fiji was a member along with Australia and New Zealand – suspended Fiji from the Councils of the Commonwealth immediately after the Coup, and the Commonwealth Ministerial Action Group (CMAG) suspended the country fully from the Commonwealth in 2009 after further gross violations of the Constitution by the Bainimarama regime including the dismissal of judges who ruled that his regime was illegal.

Australia and New Zealand are in the forefront of upholding CMAG’s position in Fiji.  And, they are not alone.  Other big Commonwealth nations such as Britain, Canada and India insist that a condition of membership of the Commonwealth must be adherence by governments to the democratic values and principles to which the organisation’s member states have declared themselves to be committed.

Fortunately for the people who live in the Fiji Islands, neither Australia nor New Zealand has imposed tough sanctions or bans.  Had they done so the Fijian economy – already suffering from the consequences of a military government – would have collapsed, and the people of the Islands would have suffered extreme hardship.  A significant amount of their exports and their tourism would have been adversely affected creating high unemployment and increased poverty.  There would also have been a greater exodus of qualified people than there has been.

Australia and New Zealand have chosen instead to join their fellow members of the Commonwealth in keeping up pressure on the Fijian regime to restore democracy in the country.  They have also relied on the “good offices” role of the Commonwealth Secretary-General to find ways of opening up an effective dialogue with the Fijian regime to return the country to democracy.

So far, these efforts have failed amid Bainimarama’s determination to maintain himself in power.  In the meantime, the people of Fiji suffer, and the regime shops around for governments that would give it assistance despite its naked abuse of power. 

But, Fiji’s immediate neighbours in the South Pacific have shown their deep concern about the abrogation of democracy by suspending the country from the 16-member South Pacific Forum last year.

Shopping around for support for an undemocratic regime is hardly the answer to the Fijian government’s unconstitutional status and the pariah status that the country is acquiring.  Eventually, pressure will mount both internally and externally to isolate and remove a regime that clings to power without the will of the people.

ronald_sanders_300_759685897.jpgChina has been long in the game of international politics and it is unlikely to extend any great comfort to the Fijian regime for a sustained period, particularly as Fiji has neither an abundance of resources in which China is interested nor any particular strategic interest.

It is in the manner of the Commonwealth’s method of operation that it will not surrender the people of Fiji to an unelected government, particularly one that seized power at the point of a gun.  In this connection, the Commonwealth Secretary-General, Kamalesh Sharma, repeated the Commonwealth’s determination to help Fiji to restore democracy while continuing its suspension from the Association.

The point may come, however, when a determination will have to be made about how much longer an unelected regime is allowed by the international community to hold a country hostage to its will.  The danger of a more prolonged “capture” of the state apparatus by Bainimarama and his military supporters is that it might encourage similar unconstitutional developments not only in the Pacific but in other regions as well.  For, if other regimes feel that Bainimarama can get away with flouting democracy they may be tempted to do so themselves, especially if countries such as China give them succour however temporary.

The Commonwealth will have a unique and special role to play in all this.  It is a value based association of 54 nations drawn from every continent of the world and representing one-third of the world’s people.  Unlike many other multilateral organisations it has declared democracy, freedom, human and civil rights to be its core values, and in the past particularly on issues such as racism it was the world’s torch-bearer; its moral conscience even as many governments turned a blind eye to atrocities in Apartheid South Africa and Southern Rhodesia (now Zimbabwe) in the interest of economic gain.

In a world where human and civil rights are increasingly being defiled, many will look to the Commonwealth to raise the banner of democracy and to push for it to be upheld.  Fiji is one country where unconstitutionality will demand further and stronger action from the Commonwealth.  Zimbabwe, where the Robert Mugabe regime has practiced the worst form of discrimination and brutalized its own people, is another. 

Human rights and democracy should not be for sale.

The opinions expressed in this commentary are solely those of Sir Ronald Sanders. Sir Ronald Sanders is a Consultant and former Caribbean diplomat.


1093 submissions received on Fiji regime’s draft constitution

Posted at 03:35 on 22 May, 2013 UTC

The Fiji government regime says it has received about a thousand submissions on its draft constitution. The government regime has been collating views on its draft which replaces that of the dumped Constitution Commmission document, based on more than 7,000 submissions.

The Prime Minister Commodore Frank Bainimarama has reiterated the regime’s draft has listened to the people in relation to land rights following fears that the draft did not guarantee indigenous people’s rights.

Commodore Bainimarama told Radio Tarana the draft is being toughened up in that regard.

He says the new constitution is a massive job and the government regime is not prepared to cut corners.

“We are in the process of going through the submissions we’ve received on the draft constitution. I have been informed by our legal team that we have over 1093 submissions and there are quite a few ideas to consider.”

Commodore Bainimarama says the government regime is still hoping to finalise the constitution next month.

Companies decree outlines roles, penalties

Ropate Valemei
Tuesday, May 21, 2013

THE operation of the regulators enforcing the Companies Decree 2013 has been consolidated and simplified.

During a briefing in Suva recently, Fellow of the Australian Institute of Company Directors (FAICD) Bruce Cowley said the Ministry of Justice had a small role in the registration of liquidators and auditors while the relevant regulators were the Reserve Bank of Fiji and the Registrar of Companies.

Mr Cowley said RBF was responsible for the administration of takeovers, regulation of securities exchanges and central depository, regulation of securities industry licences, capital raisings, managing investment schemes, insider trading, offences (in conjunction with the registrar) and investigations, and information-gathering.

He said the registrar was responsible for administering the remainder if the decree as well as offences, investigation and information-gathering in conjunction with the RBF.

Meanwhile, a penalty regime was also stated at the briefing.

He said if a person committed an act that he or she was forbidden to do by or under a provision of the decree was guilty of the offence.

"A person would be liable to pay a penalty not exceeding the maximum penalty prescribed for the contravention of that provision in accordance with the decree, unless a provision of the decree provides that the person is or is not guilty of an offence," he said.

"The maximum penalty is the amount calculated by multiplying the prescribed number of penalty units attributable to the contravention of a provision by the prescribed amount for a penalty unit, being $100 or such other amount prescribed by the minister."

Mr Cowley said the penalty that the court may impose was a fine not exceeding five times the maximum amount that the court could otherwise impose as a penalty for that offence when a company was convicted of an offence against the decree.

Imports increase

Ropate Valemei
Monday, May 20, 2013

TRADE deficit for February this year amounted to $144.7million compared to $225.6m in January.

This is the amount by which the cost of Fiji's imports exceeded the value of its exports.

According to the International Merchandise Trade statistics, government statistician Epeli Waqavonovono said provisional data put the value of goods imported in February at $300.1m while total exports were $155.4m.

"Compared to the previous corresponding month, imports and total exports decreased by $8.4m (2.7 per cent) and $17.9m (10.4 per cent) respectively," Mr Waqavonovono said.

He said the percentage breakdown of major import types were 29.3 per cent mineral products, 11.3 per cent for machinery, mechanical and electrical appliances, 9.2 per cent for vegetable products, 7.8 per cent for vehicles, aircraft, vessels and associated transport equipment, 7.8 per cent for animal products, 5.3 per cent for textile and textile articles and 5.1 per cent for chemical and allied products.

Compared to February last year, Mr Waqavonovono said mineral products were down by $23.6m (21.2 per cent) to $88m because of decreased imports of gas oil (diesel) and chemicals, which were also down by $8.4m (35.6 per cent) to $15.2m because of decreased import of fertiliser.

"Notable increases were for vehicles and associated transport equipment and vegetable products.

"Fiji's major sources of imports were Singapore for gas, Australia for liquefied butanes, New Zealand for portable data processing machines, China for fresh fish, textiles and textile articles, and Malaysia for bitumen or shale and tar sands.

"The domestic export category recorded a notable decrease for pearls, precious and semi-precious stone, and metals, which were down $7m (5.4 per cent) to $5.9m because of a decrease in the export of gold."

Mr Waqavonovono said wood cork and article, and plaiting materials, had increased by $5.5m (161.1 per cent) to $8.9m because of an increase in the export of woodchips.

He said re-exports totalled to $85.6m compared to $98.9m in January this year while petroleum products sold to visiting ships, aircraft and neighbouring islands earned $52.7m.