Publish date/time: 22/02/2013 [13:09]
A report has been put together by the adjudication board that looked into the commercial dispute between the Public Rental Board and China Railway No.1 over the development of the Raiwai flats.
CEO of the Public Rental Board Mesake Senibulu confirmed that the report will be submitted to PRB board next week.
Senibulu said pending the board's decision the construction of the PRB Raiwai flats is currently on hold.
Story by: Gwen Mc Goon
- INTELLIGENT RESISTANCE -
Free. Fair. Fearless. Intelligentsiya is made up of Fiji Islanders who are libertarians in their own way and who cherish the free flow of news, ideas and information and will peacefully resist any attempts by the country's military rulers to stifle free speech. intelligentsiya will also bear witness, report and discuss human rights abuses by the authorities.
February 22, 2013
Land decree amendment
Nanise Loanakadavu
Monday, February 18, 2013
ITAUKEI land will now be prohibited to be converted into freehold land.
This is after a government decision to amend the State Lands Act, which was approved by Cabinet and now has been gazetted.
At a press conference yesterday, the Acting Prime Minister and Attorney-General Aiyaz Sayed-Khaiyum said the move by government was merely to protect the rights of the iTaukei.
"The Bainimarama government's policy is the absolute protection of the rights of the iTaukei not to have their land permanently alienated from them," he said.
Mr Sayed-Khaiyum said the government had strengthened the protection of iTaukei land by closing a loophole that allowed some of it to be converted into freehold land. He also confirmed that the government was carrying out investigations on some allegations relating to this issue.
He said before the Prime Minister left for France, he had proposed an amendment to the State Lands Act to end this practice.
"This previous practice was not transparent and had been used by previous governments to profit at the expense of the iTaukei landowners," he said.
Mr Sayed-Khaiyum said that despite having provisions in previous Constitutions that entrenched iTaukei land laws, this practice was still allowed to happen.
"This demonstrates that having entrenched provisions did not safeguard iTaukei land ownership."
"The law must always be practical and effective in ensuring the protection rights - including property rights."
"The new Decree ends this unfair practice once and for all.
"Under this Decree, any iTaukei land which is exchanged for portions of State land can no longer be exchanged for private freehold land."
Mr Sayed-Khaiyum said 90 per cent of land in Fiji belonged to the iTaukei and the government was committed to end past practices that denied iTaukei landowners clear and transparent process.
Monday, February 18, 2013
ITAUKEI land will now be prohibited to be converted into freehold land.
This is after a government decision to amend the State Lands Act, which was approved by Cabinet and now has been gazetted.
At a press conference yesterday, the Acting Prime Minister and Attorney-General Aiyaz Sayed-Khaiyum said the move by government was merely to protect the rights of the iTaukei.
"The Bainimarama government's policy is the absolute protection of the rights of the iTaukei not to have their land permanently alienated from them," he said.
Mr Sayed-Khaiyum said the government had strengthened the protection of iTaukei land by closing a loophole that allowed some of it to be converted into freehold land. He also confirmed that the government was carrying out investigations on some allegations relating to this issue.
He said before the Prime Minister left for France, he had proposed an amendment to the State Lands Act to end this practice.
"This previous practice was not transparent and had been used by previous governments to profit at the expense of the iTaukei landowners," he said.
Mr Sayed-Khaiyum said that despite having provisions in previous Constitutions that entrenched iTaukei land laws, this practice was still allowed to happen.
"This demonstrates that having entrenched provisions did not safeguard iTaukei land ownership."
"The law must always be practical and effective in ensuring the protection rights - including property rights."
"The new Decree ends this unfair practice once and for all.
"Under this Decree, any iTaukei land which is exchanged for portions of State land can no longer be exchanged for private freehold land."
Mr Sayed-Khaiyum said 90 per cent of land in Fiji belonged to the iTaukei and the government was committed to end past practices that denied iTaukei landowners clear and transparent process.
Analysis finds Fiji party decree violates international conventions
Posted at 03:25 on 22 February, 2013 UTC
A study by international lawyers of Fiji’s Political Parties Decree has found it to be extreme compared to electoral provisions applied in democracies and in parts unprecedented in global practice.
The International Senior Lawyers Project says banning civil society leaders, such as trade unionists, from party membership manifestly breaches Fiji’s obligations under the ILO Convention.
The New York-based group says in-depth research has failed to identify a single country that has such rules.
It says the decree’s provision allowing anybody access to a party’s records is in breach of the right to privacy under the UN Human Rights regime.
It describes Fiji as an outlier by international comparison in for example how it criminalises political finance offences.
The report says the way parties are being made to wind up violates the international right to property.
It concludes that should democratic rule be restored in Fiji, affected parties might claim compensation, restitution and damages.
The report was compiled before the regime this week tightened the decree, by among others banning parties from using acronyms.
A study by international lawyers of Fiji’s Political Parties Decree has found it to be extreme compared to electoral provisions applied in democracies and in parts unprecedented in global practice.
The International Senior Lawyers Project says banning civil society leaders, such as trade unionists, from party membership manifestly breaches Fiji’s obligations under the ILO Convention.
The New York-based group says in-depth research has failed to identify a single country that has such rules.
It says the decree’s provision allowing anybody access to a party’s records is in breach of the right to privacy under the UN Human Rights regime.
It describes Fiji as an outlier by international comparison in for example how it criminalises political finance offences.
The report says the way parties are being made to wind up violates the international right to property.
It concludes that should democratic rule be restored in Fiji, affected parties might claim compensation, restitution and damages.
The report was compiled before the regime this week tightened the decree, by among others banning parties from using acronyms.
Political Report: Fiji's crusade back to democracy
By: Barry Soper |
Thursday, February 21, 2013 6:00 AM
Some countries have been the envy of our politicians, not for their wealth, their climate or for their proximity to the rest of the world. Although at times on the last measure you could understand their envy.
Their envy is the ease with which their Governments are re-elected. On a trip to Singapore in the 90s, out then leader Big Jen Shipley marvelled at the pristine Asian country and at how the Government there was able to control the media. In Singapore, and some other Asian countries, journalists attending their leaders' press conferences were expected to stand and applause.
Of course dissent wasn't part of the media makeup, it simply wasn't tolerated.
And just three hours away from God's Own that's now the case in what was once known as the Pacific paradise, Fiji. That country's gearing up for their first election in more than six years but it's shaping up to be something of a dry argument.
Fiji's self imposed Prime Minister, Commodore Frank Bananadrama seems to be ensuring he'll be back in the job after they go to the polls next year. He rules the tiny nation by decree which you have to do in the absence of a Parliament. It's all power to the unelected and that's the way they seem to be designing their return to so called democracy.
Of the 17 political parties in Fiji they've allowed the registration of just three but no one would know. Talk of opposition political parties if they're banned is forbidden, to mention one risks a hefty fine and five years in the slammer, and that's applied to the media and everyone else.
It would make campaigning a little difficult but then if they're banned they're not going to be on the ballot paper anyway.
They're also deciding who can stand as candidates with trade unionists and employer representatives on the outer.
We've recently thrown money at Fiji to encourage them to return the country to democracy but it seems the money's being spent on printing military decrees instead.
Diplomacy's a delicate tip toeing exercise when it comes to our Foreign Minister Muzza McCully. He says we're watching developments in Fiji, acknowledging it's been a saga of some steps forward and some backwards.
Trouble is, the military jackboots are making those steps!
Thursday, February 21, 2013 6:00 AM
Some countries have been the envy of our politicians, not for their wealth, their climate or for their proximity to the rest of the world. Although at times on the last measure you could understand their envy.
Their envy is the ease with which their Governments are re-elected. On a trip to Singapore in the 90s, out then leader Big Jen Shipley marvelled at the pristine Asian country and at how the Government there was able to control the media. In Singapore, and some other Asian countries, journalists attending their leaders' press conferences were expected to stand and applause.
Of course dissent wasn't part of the media makeup, it simply wasn't tolerated.
And just three hours away from God's Own that's now the case in what was once known as the Pacific paradise, Fiji. That country's gearing up for their first election in more than six years but it's shaping up to be something of a dry argument.
Fiji's self imposed Prime Minister, Commodore Frank Bananadrama seems to be ensuring he'll be back in the job after they go to the polls next year. He rules the tiny nation by decree which you have to do in the absence of a Parliament. It's all power to the unelected and that's the way they seem to be designing their return to so called democracy.
Of the 17 political parties in Fiji they've allowed the registration of just three but no one would know. Talk of opposition political parties if they're banned is forbidden, to mention one risks a hefty fine and five years in the slammer, and that's applied to the media and everyone else.
It would make campaigning a little difficult but then if they're banned they're not going to be on the ballot paper anyway.
They're also deciding who can stand as candidates with trade unionists and employer representatives on the outer.
We've recently thrown money at Fiji to encourage them to return the country to democracy but it seems the money's being spent on printing military decrees instead.
Diplomacy's a delicate tip toeing exercise when it comes to our Foreign Minister Muzza McCully. He says we're watching developments in Fiji, acknowledging it's been a saga of some steps forward and some backwards.
Trouble is, the military jackboots are making those steps!
Focus on a better Fiji
Nasik Swami
Friday, February 22, 2013
THE Fiji Police Force wants to see an election eventuate in 2014.
Commissioner of Police Brigadier General Ioane Naivalurua made this comment at the Community Policing Symposium that began at the Fiji Police Academy in Suva yesterday.
Brig-Gen Naivalurua said all efforts of the force since 2009 and beyond was trying to grow Fiji and to make it a better place for everyone.
"Government's plan since 2009 has been very clear, that is, to grow Fiji in all aspects ... economically and also politically," he said.
He told divisional commanders, officers and manning staff of community police that it was everyone's duty to see that the right environment was created for the plan to be achieved.
And he said the key factor to achieving government's plans was a change in attitude of officers.
"It is all about attitude, you need new attitude, a change of attitude, the right attitude, positive attitude and collective attitude in order for changes to happen," Brig-Gen Naivalurua said.
He said concerted effort was needed to put a stop to criminal activities in Fiji.
Brig-Gen Naivalurua said achieving such targets was not easy.
"The fight to end crime is a hard fight; we want strong people on board and if you cannot take it, get out," he said.
Friday, February 22, 2013
THE Fiji Police Force wants to see an election eventuate in 2014.
Commissioner of Police Brigadier General Ioane Naivalurua made this comment at the Community Policing Symposium that began at the Fiji Police Academy in Suva yesterday.
Brig-Gen Naivalurua said all efforts of the force since 2009 and beyond was trying to grow Fiji and to make it a better place for everyone.
"Government's plan since 2009 has been very clear, that is, to grow Fiji in all aspects ... economically and also politically," he said.
He told divisional commanders, officers and manning staff of community police that it was everyone's duty to see that the right environment was created for the plan to be achieved.
And he said the key factor to achieving government's plans was a change in attitude of officers.
"It is all about attitude, you need new attitude, a change of attitude, the right attitude, positive attitude and collective attitude in order for changes to happen," Brig-Gen Naivalurua said.
He said concerted effort was needed to put a stop to criminal activities in Fiji.
Brig-Gen Naivalurua said achieving such targets was not easy.
"The fight to end crime is a hard fight; we want strong people on board and if you cannot take it, get out," he said.
Ex-MP hails Namadi
February 22, 2013 | Filed under: Fiji News | Posted by: newsroom
By TALEBULA KATE
The Duavata Community Policing for the Namadi, Tamavua, area has its own model of community policing which was put into practice in 2010.
Fiji Police Force community chief for the Southern Division Fred Caine said the Duavata Community Policing had reduced crime by almost 95 per cent.
“The youths from the red zone areas of Mead Road housing used to go and rob in the Namadi area; now it’s zeroed down,” Mr Caine said.
He said community policing had started with the Commissioner’s blessings and the support of Police officers.
“There are 15 young candidates now in this model of Duavata; they went out and patrolled and helped reduce crime in their respective areas to zero; now it’s a white glove area.”
He said the statistics of crime was their evidence and it had gone right down.
Speaking to Fiji Sun at the Fiji Police National Community Policing symposium held at the Police Academy in Nasova yesterday, Mr Caine said the symposium was a mark of change; and that change must come.
“From the old reactive we are now going through community policing; the Duavata model is to be proactive and co-active. And the change must happen from top to bottom,” Mr Caine said.
He said the Police officers now are going on the beat; before they were going around in patrol cars but now the Police officers must walk the beat.
He said the only time a vehicle would be required under this new policy was when there’s a case; an arrest to be made, where they would have to ring the station for transport. The community officer in charge must also go out and educate his community so that they know the law.
“Once the community knows the law, they will know how to write statements, to take details of suspected stolen vehicles and the procedures for contacting the community officer. The old style was they go and spend six hours at the Police station writing statements and wasting time.
“And they must remain in their beat areas when patrolling,” he said.
Meanwhile, the former Member of Parliament has no intention of running for the general elections next year.
“No, I’m retired; my last social job on this earth is to serve the community with the Police; I have no intentions of doing anything else,” Mr Caine said.
“I had a good run with the late Ratu Sir Kamisese Mara and he was in my books one of my greatest mentors,” he said.
By TALEBULA KATE
The Duavata Community Policing for the Namadi, Tamavua, area has its own model of community policing which was put into practice in 2010.
Fiji Police Force community chief for the Southern Division Fred Caine said the Duavata Community Policing had reduced crime by almost 95 per cent.
“The youths from the red zone areas of Mead Road housing used to go and rob in the Namadi area; now it’s zeroed down,” Mr Caine said.
He said community policing had started with the Commissioner’s blessings and the support of Police officers.
“There are 15 young candidates now in this model of Duavata; they went out and patrolled and helped reduce crime in their respective areas to zero; now it’s a white glove area.”
He said the statistics of crime was their evidence and it had gone right down.
Speaking to Fiji Sun at the Fiji Police National Community Policing symposium held at the Police Academy in Nasova yesterday, Mr Caine said the symposium was a mark of change; and that change must come.
“From the old reactive we are now going through community policing; the Duavata model is to be proactive and co-active. And the change must happen from top to bottom,” Mr Caine said.
He said the Police officers now are going on the beat; before they were going around in patrol cars but now the Police officers must walk the beat.
He said the only time a vehicle would be required under this new policy was when there’s a case; an arrest to be made, where they would have to ring the station for transport. The community officer in charge must also go out and educate his community so that they know the law.
“Once the community knows the law, they will know how to write statements, to take details of suspected stolen vehicles and the procedures for contacting the community officer. The old style was they go and spend six hours at the Police station writing statements and wasting time.
“And they must remain in their beat areas when patrolling,” he said.
Meanwhile, the former Member of Parliament has no intention of running for the general elections next year.
“No, I’m retired; my last social job on this earth is to serve the community with the Police; I have no intentions of doing anything else,” Mr Caine said.
“I had a good run with the late Ratu Sir Kamisese Mara and he was in my books one of my greatest mentors,” he said.
PSC pens deal with agency
Ana Madigibuli
Friday, February 22, 2013
FIJI signed a co-operation framework agreement with the Japan International Co-operation Agency (JICA) at the Public Service Commission office yesterday.
The co-operation framework would pave the way for provision of capacity building assistances to neighbouring Pacific Island Countries under a South-South Co-operation program.
PSC permanent secretary Parmesh Chand signed the framework with the JICA deputy resident representative, Fukase Yutaka.
Under the program the government of Japan through JICA would provide funding and technical assistance initially to run a pilot project entailing technical and vocational education and training for Kiribati and Tuvalu.
Mr Chand said the signing of the agreement was in line with the commitment for offer of assistance which Fiji has made, as part of Engaging with the Pacific Meeting.
Mr Chand said PSC worked closely with JICA and other stakeholders in undertaking surveys of technical and vocational education and training needs in Tuvalu and Kiribati.
"PSC under the program would mobilise training providers such as the Fiji National University and others who would be able to design and deliver training programmes for participants from Tuvalu and Kiribati," Mr Chand said.
He said the benefits of this program to Fiji were substantial.
Mr Yutaka said they were pleased to work with PSC on the initiative.
Friday, February 22, 2013
FIJI signed a co-operation framework agreement with the Japan International Co-operation Agency (JICA) at the Public Service Commission office yesterday.
The co-operation framework would pave the way for provision of capacity building assistances to neighbouring Pacific Island Countries under a South-South Co-operation program.
PSC permanent secretary Parmesh Chand signed the framework with the JICA deputy resident representative, Fukase Yutaka.
Under the program the government of Japan through JICA would provide funding and technical assistance initially to run a pilot project entailing technical and vocational education and training for Kiribati and Tuvalu.
Mr Chand said the signing of the agreement was in line with the commitment for offer of assistance which Fiji has made, as part of Engaging with the Pacific Meeting.
Mr Chand said PSC worked closely with JICA and other stakeholders in undertaking surveys of technical and vocational education and training needs in Tuvalu and Kiribati.
"PSC under the program would mobilise training providers such as the Fiji National University and others who would be able to design and deliver training programmes for participants from Tuvalu and Kiribati," Mr Chand said.
He said the benefits of this program to Fiji were substantial.
Mr Yutaka said they were pleased to work with PSC on the initiative.
Lots of tourism potential in the Central division
07:00 Today (February 22, 2013)
Report by: Mika Loga
Moves are underway to make the provinces of Naitasiri and Rewa hotspots for tourism.
The Government is prepared to allocate one point seven million dollars to assist in the Nausori Town Council’s plans to develop the current Nausori Bus Station into a tourist facility.
Commissioner Central [Lt Col] LaiseniaTuitubou says, resource owners need to take advantage of this initiative.
“There’s a lot of potential in the central division but it needs to be tapped and we have the facility to look at but it has to come from the community and then government comes in and with all the stakeholders involved to come in and really what the community wants."
An eco-tourism project is underway in Rewa with government pumping in 200- thousand dollars for infrastructure development.
A tourist jetty is also being planned by the town’s river bank where tourists can disembark for sightseeing on the Rewa River.
Report by: Mika Loga
Moves are underway to make the provinces of Naitasiri and Rewa hotspots for tourism.
The Government is prepared to allocate one point seven million dollars to assist in the Nausori Town Council’s plans to develop the current Nausori Bus Station into a tourist facility.
Commissioner Central [Lt Col] LaiseniaTuitubou says, resource owners need to take advantage of this initiative.
“There’s a lot of potential in the central division but it needs to be tapped and we have the facility to look at but it has to come from the community and then government comes in and with all the stakeholders involved to come in and really what the community wants."
An eco-tourism project is underway in Rewa with government pumping in 200- thousand dollars for infrastructure development.
A tourist jetty is also being planned by the town’s river bank where tourists can disembark for sightseeing on the Rewa River.
Rewind: February 04, 2007 - Boiling a frog: From putsch to purge
By John CameronSpecial to Intelligentsiya
(Intelligentsiya comment: This commentary by lawyer John Cameron expresses exactly the sentiments behind Intelligentsiya. The military is doing its thing - stamping its authoritarian control in all areas of government. That may be good, it may turn out to be bad. But what we're more concerned about is the campaign of intimidation - the military telling us what not to say, what not to think. We must vigourously resist attempts to kill our freedom of conscience, freedom of opinion, freedom to differ. If we remain silent in the face of army intimidation, before long, we will be like the frog in the pot.)
Amphibians are poikilothermic: their body temperature adjusts automatically to changes in their environment, without their becoming aware of it. In theory this means that if one were to put a frog into a pot of cold water, and then increased the temperature gradually enough, the creature would be boiled alive before it became aware of the danger. When it comes to their human rights humans are not very different from frogs.
On December 5th 2006 at 6 pm on national television, the Commander of the Republic of the Fiji Military Forces, Commodore J. V. Bainimarama, announced that he had assumed executive authority of Fiji , as inter alia President of Fiji, and declared a State of Emergency . The same day the he purported to enact the Interim Military Government Regulations and the State of Emergency Regulations . The validity of the State of Emergency Regulations depends firstly upon the validity of the Interim Military Government Regulations; secondly, upon the Emergency Powers Act 1998 a valid enactment of the Fiji Parliament, and, finally, it is claimed, on the Public Order Act 1975, an enactment of the Fiji Parliament which may be unconstitutional and invalid, or partially repealed, at least in part. I leave to one side for the time being the rubbery doctrine of necessity.
It is convenient to commence with an examination of the Interim Military Government Regulations 2006. They are signed by J.V. Bainimarama, Commodore, Acting President of the Republic of Fiji Islands and Commander, Republic of Fiji Military Forces Fiji Republic of Fiji Fiji
By its preamble the Regulation states: “WHEREAS given the state of emergency in the country and the potential risk to life and property, it is imperative that the current emergency situation continues in order to guarantee the safety and security of the people of Fiji and to maintain law and order. NOW THEREFORE, in exercise of the powers conferred upon me as the Head of the Interim Military Government of Fiji
Again it is unnecessary to descend to the content of the Regulation, since if Commodore Bainimarama had no legal authority to proclaim it, then the Regulation as a whole is unlawful,invalid and of no effect, and any actions taken under it in the past or in the future are and will be unlawful, invalid and of no effect. Any power from the Interim Military Government Regulations 2006 can only be derived if those Regulations in turn are lawful, valid and effective, and, as has been seen, the Commander was unable to point to any lawful power which authorized him to make those Regulations. Accordingly, the State of Emergency Regulations have to rest on some other lawful power. The Commander refers only to the Public Order Act 1976.
This Act was originally an ordinance passed by the colonial power in 1969. After Independence it became Act No. 19 of 1976, without amendment, and evidently without regard to the Bill of Rights provisions in the 1975 Constitution.It was then, and now almost certainly remains in parts unconstitutional and invalid, being repugnant to a number of provisions in the Bill of Rights, in particular the now sections 31 and 32 of the 1997 Constitution, which guarantee freedom of assembly and freedom of association. “Every person has the right to assemble and demonstrate with others peacefully.” (section 31). “Every person has the right to freedom of association.” (section 32). While those freedoms are not without limitations, which may be imposed by law, this is “only to the extent that the limitation is reasonable and justifiable in a free and democratic society.” The Public Order Act 1976 would, in my opinion, require very substantial amendment in order to comply with the provisions of the present Constitution. However, the Public Order Act can be relevant only to the content of the State of Emergency Regulations
The Emergency Powers Act 1968 by its long title is declared to be “An Act to Empower the President to Declare a State of Emergency ”. It came into force at the same time as the Constitution. Section 2(1) provides: “The President, acting on the advice of the Cabinet, may by notice in the Gazette proclaim a state of emergency in the whole or any part of the Fiji Islands
The powers to declare a state of emergency are carefully circumscribed in order to remain within the provisions of the Constitution. Section 2(2) provides that the Cabinet may advise the President to proclaim a state of emergency under subsection (1) if, and only if, the Cabinet is satisfied that a public emergency has arisen as a result of the imminence of invasion or of armed conflict between the Fiji Islands
Thirdly, if action has been taken or is immediately threatened by any person or group of persons of such a nature and on such a scale as to be likely to endanger the public safety; to deprive the community or a substantial portion of it of essential supplies or services; or to harm the national economy. The only such threat came from the Commander himself, and the RFMF members under his command. Finally, that for some other reason a grave emergency exists whereby the security or economic life of the state is threatened. Again the grave emergency existed only as a consequence of the actions, including the threats of action by the Commander. While the country’s economy may well have been in bad shape, it was not to be improved by the curtailment of citizen’s rights and the imposition of armed checkpoints. In 1987 when the Governor-General, Sir Penaia Ganilau, declared a state of emergency Parliament had been invaded by members of the RFMF and members of the Bavadra government detained. In 2000 a state of emergency can be said to have existed when Parliament was again invaded and Parliamentarians detained by George Speight and his supporters. The Speight attempted coup collapsed when he failed to attract the support of a majority in the RFMF who remained faithful to their oath. No such fidelity was to prevail on this occasion, and the putsch has this far proved successful. That does not mean, however, that the subsequent measures have been lawful and valid.
The legislators who passed the 1997 Constitution, and the Emergency Powers Act 1998 can scarcely have contemplated permitting a situation where an individual deliberately and consciously created a situation which could give rise to the proclamation of a state of emergency, and then installed himself or herself and declared a state of emergency to deal with that self-created situation. The proposition only has to be stated to be rejected.
The first section in Chapter 14 of the Constitution, section 187(1) provides that the Parliament may make a law conferring power on the President, acting on the advice of the Cabinet, to proclaim a state of emergency in Fiji , or in a part of Fiji , in such circumstances as the law prescribes. The Parliament has done so, subject to the limitations in section 187(1) by enacting the Emergency Powers Act 1998. The Act further provides by section 4 that upon declaring a state of emergency of the Act provides that if Parliament is not sitting the President must summon Parliament. Far from summoning Parliament, on the advice of his unconstitutionally installed Prime Minister, Dr Senilagakili, the Commander purported to dissolve the Parliament which he had already physically shut down. Since none of the requirements of either the Constitution or the Emergency Powers Act had been met, the conditions which permitted the declaration of a state of emergency did not exist, and consideration of the rubbery concept of necessity does not arise.
It is time to return to the frog. The frog, that is the Fijian community, appears oblivious to the danger presented by the rising temperature evidenced by the increasing erosion of its rights consequent upon the assertion by the RFMF of powers for which there is no legal basis. Reports of arbitrary detentions, humiliations, and beatings, the presence of military check-points manned by armed soldiers, and irregularities in the investigations of deaths of individuals in the military ambit, going back to October 2000, have created a climate of fear and intimidation unparalleled in Fiji ’s modern history. It is hardly reassuring that the head of the interim administration is claimed by the deposed Police Commissioner to be a person of interest in a multiple murder inquiry which has been stalled for over six years.
The curious appointment of Justice Gates to deal with delays and inefficiencies in the judicial system, and the questionable circumstances in which he was appointed are further cause for concern. The measure of that climate may be gauged from the sigh relief expressed by Tuesday’s editorial in the Fiji Times at the RFMF’s “interim Government's assurance to stop the ill-treatment of civilians at the hands of the military”, in other words the RFMF will cease an activity for which there was no lawful authority, but will reserve the right to resume if citizens do not comply with the provisions of the unlawful and invalid emergency regulations, in other words to persist in an unlawful activity if it is considered appropriate in the interests of national security as decided by the RFMF itself.
It is worth bearing in mind that under the provisions of reg. 11(2) possession of a cane knife is unlawful where “intended or likely to be used for an aggressive or unlawful purpose”, and it will be the RFMF which decides after interrogation whether that test is met.
The Fijian community would do well to consider the warning of Pastor Niemoller. An early supporter of Hitler, by 1934 he had come to oppose the Nazis, and it was largely his high connections to influential and wealthy businessmen which saved him until 1937, when he was imprisoned, eventually at Sachsenhausen and Dachau concentration camps. He survived to be a leading voice of penance and reconciliation for the German people after World War II. There are various versions of his poem referring to different groups, including Jews, Catholics, gypsies and homosexuals, who are not included in the following version. The poem is well-known, frequently quoted, and is a popular model for describing the dangers of political apathy:
When the Nazis came for the communists,I remained silent;I was not a communist.
When they locked up the social democrats,I remained silent;I was not a social democrat.
When they came for the trade unionists,I did not speak out;I was not a trade unionist.
When they came for me,there was no one left to speak out.
By that time the frog was dead. The Fiji frog could be merely par-boiled.
- Dr John Cameron is a barrister of thirty years experience admitted to practice in Fiji, New Zealand, Western Australia, and the High Court of Australia. He has appeared in all jurisdictions in
February 21, 2013
Dr Marc Edge: MINFO right if Fiji TV drew link to Media Decree
Wednesday, February 20, 2013
Fiji's Ministry of Information is absolutely correct if Fiji TV reported that the Fiji Times' contempt of court conviction was a case brought under the Media Decree, but it would hardly be the broadcaster's fault alone. Unfortunately this is a myth perpetuated by David Robie. Many countries prohibit disparagement of their courts, which are thus literally above criticism. Scandalising the court is an ancient law, which the UK Law Commission recommended late last year be abolished there. It is not on the books in the U.S. because of that country's strong press freedom guarantees under its First Amendment, and it has been found contrary to Canada's Charter of Rights and Freedoms, but it has been used against journalists in other jurisdictions, including Australia and New Zealand. Journalists in countries with such a law may not report anything which undermines public confidence in the legal system, no matter how well-justified it might be. Any journalism student who stayed awake during first-year Media Law class knows that. (At least, any of the students in my Media Law class would.) The offending news item has obviously been removed from the online version of the 6 p.m. Fiji TV newscast for 20 February. The lead item on the Times case by reporter Cheerieann Wilson that is archived on the Fiji TV website is introduced by anchor Viliame Lega, while the rest of the 6 p.m. newscast is anchored by Mere Nailatikau, so it is instead likely the corrected version from the 9 p.m. broadcast.
Do you know who else is absolutely right in this case? Justice William Calanchini is when he notes in his ruling that the contemptuous publication was entirely the fault of Times management and/or journalists. The fact that such a problematic piece slipped through the safety net and wound up being printed in the Times on 11 November 2011 was the result of a breakdown in any systems the newspaper had in place to guard against such errors. Calanchini noted that the Times claimed staff and copy shortages that day led to the failure to detect the legal peril inherent in the article, which was a soccer story reprinted from the previous day's Sunday Star-Times inNew Zealand . Almost unbelievably, noted Calanchini, it appears that "no person involved in the steps that lead to publication read the whole article."
Details of the contemptuous article, of course, are not legally allowed to reach Fijians, who will likely not get them from their country's media. The Internet, of course, is another thing, as they are widely available there. While the offending article has been removed from the Fiji Times website, it is still available elsewhere online. It involvedOFC treasurer Muhammad Shamsud-Dean Sahu Khan, who had been disbarred in Fiji and thus should have been ineligible to sit as a senior member of its disciplinary committee. Nicholas told Sunday Star-Times reporter Simon Plumb that the situation had to be seen within the context of Fiji politics.
Do you know who else is absolutely right in this case? Justice William Calanchini is when he notes in his ruling that the contemptuous publication was entirely the fault of Times management and/or journalists. The fact that such a problematic piece slipped through the safety net and wound up being printed in the Times on 11 November 2011 was the result of a breakdown in any systems the newspaper had in place to guard against such errors. Calanchini noted that the Times claimed staff and copy shortages that day led to the failure to detect the legal peril inherent in the article, which was a soccer story reprinted from the previous day's Sunday Star-Times in
Even if that was due to unforeseen staff absences and time deadlines, the fact that the article was not read in its entirety, that there was additional pressure due to staff being absent and a shortage of material with time constraints all point to either inadequate workplace systems or inadequate staff in terms of quantity and/or quality of staff.Whether a fine of $300,000 is an appropriate penalty is another matter altogether, but as Calanchini notes, the Times was fined $100,000 for contempt in 2009. A fundamental principle of sentencing is the escalation of penalties if an accused does not learn from their mistakes and change their ways. Even worse, the Times aggravated the offence with the subsequent publication of an article and a picture of Oceania Football Confederation General Secretary of Oceania Tai Nicholas, who made a $25,000 donation to the Prime Minister's Flood Relief Appeal Fund. Not only did the article repeat details of the contemptuous story, noted Calanchini, but the accompanying photo suggested that the donation would somehow ameliorate the contempt, similarly suggesting the Fiji judiciary was corrupt.
Details of the contemptuous article, of course, are not legally allowed to reach Fijians, who will likely not get them from their country's media. The Internet, of course, is another thing, as they are widely available there. While the offending article has been removed from the Fiji Times website, it is still available elsewhere online. It involved
If we're honest, there's debate around the coup regime, who are ostracising lawyers who are involved with the constitutional reforms. You should be aware that with no judiciary there, his case has been reviewed by one Australian judge. It's not a court per se.That drew the ire of Attorney-General Aiyaz Sayed Khaiyum, who issued contempt proceedings against the Times and Nicholas, who was earlier fined $15,000 in absentia when he did not appear for sentencing after pleading guilty. Sayed Khaiyum and Smith-Johns have rightly taken much heat for their blatant bullying of Fiji media, but in many ways journalists in the Republic are their own worst enemies. The need to raise journalism standards in Fiji has long been the contention of this corner and others, to which some in the Fiji media and elsewhere have taken great umbrage. The propensity for both Fiji TV and the Fiji Times to hire untrained cadet journalists straight out of Form 7, without training in Media Law or even Journalism, is coming back to bite them. The fact that no one at the Times bothered to even read the story all the way through is a harsh indictment on the paper's standards of journalism. Such indolence is rife in Fiji. Any journalist would have heard loud alarm bells go if they had merely taken the time to read such words as "coup regime, who are ostracising lawyers." Heads should roll. Hopefully this will not be the end of the 143-year-old daily, but even if it continues publishing its journalism may well be more chilled than before by this second contempt finding. That would make it frozen.
Rotuma Land Act
February 17, 2013 | Filed under: Letters | Posted by: newsroom
Tomasi Taukave
Nasini
Rotuma Island-Land-fishing ground-sea bed-etc is the property of her majesty Queen Victoria from 1881 till today.
Changes made to the Rotuman Act and the Rotuma land act after 1970 are all illegal documents 189-2002-2004-2009.
The Rotuman island council has no power to change the act without the consent of the Rotuman people.
They were there to protect the act not to change anything. It is not the Prime Minister Bainimarama’s decision in 2009 to review the Rotuma Act and the Rotuma land Act.
It is the council and the minister in the SDL Government Marieta Rigamoto who is now in Australia.
In 2010 in the paper (New Dawn) Fatiaki Misau told the Prime Minister that 100 per cent of the Rotuman people supported the amendment of the Rotuma Act and the Rotuma Land Act.
He is misleading the Rotuman people and a waste of tax money. He is also the chairman of the review committee.
Some of the changes is to register only on the father’s side like the Fijians in the Vola ni kawa Bula. Secondly, all unclaimed lands to be given to the Rotuma council.
Fatiaki Misau will be taken to court if he change both Acts and also to stop the review culture in future. The Government is not allowed to touch any land belongs to the Rotuman people in Rotuma.
Rotuma is part of Fiji because we cannot govern ourselves.
All lands taken by the government should return to the land owners.
May God Bless the people of Fiji and Rotuma.
Tomasi Taukave
Nasini
Rotuma Island-Land-fishing ground-sea bed-etc is the property of her majesty Queen Victoria from 1881 till today.
Changes made to the Rotuman Act and the Rotuma land act after 1970 are all illegal documents 189-2002-2004-2009.
The Rotuman island council has no power to change the act without the consent of the Rotuman people.
They were there to protect the act not to change anything. It is not the Prime Minister Bainimarama’s decision in 2009 to review the Rotuma Act and the Rotuma land Act.
It is the council and the minister in the SDL Government Marieta Rigamoto who is now in Australia.
In 2010 in the paper (New Dawn) Fatiaki Misau told the Prime Minister that 100 per cent of the Rotuman people supported the amendment of the Rotuma Act and the Rotuma Land Act.
He is misleading the Rotuman people and a waste of tax money. He is also the chairman of the review committee.
Some of the changes is to register only on the father’s side like the Fijians in the Vola ni kawa Bula. Secondly, all unclaimed lands to be given to the Rotuma council.
Fatiaki Misau will be taken to court if he change both Acts and also to stop the review culture in future. The Government is not allowed to touch any land belongs to the Rotuman people in Rotuma.
Rotuma is part of Fiji because we cannot govern ourselves.
All lands taken by the government should return to the land owners.
May God Bless the people of Fiji and Rotuma.
Major developments underway on Rabi
12:05 Today (February 21, 2013)
Report by: Rita Narayan
Several developments including income generating projects have been taking place on the island of Rabi which would soon benefit the Banaban community.
The island has a new jetty and soon to be installed ice plant provided by the Prime Minister’s Office which administers the ‘Rabi Subvention Fund’
The Deputy Secretary of the Development Cooperation and Facilitation Division in the PM’s Office, Naipote Katonitabua says they’ll be liaising closely with the Provincial Administrator Cakaudrove, the Rabi Council of leaders and village committees on the socio-economic development of Rabi.
An Information Ministry statement says the “Rabi Subvention Fund” is valued at $105,000.”
Katonitabua adds that for the last three years, they have worked closely with the Rabi Island Council in upgrading their water systems through the provision of piping materials and water tanks to villages, settlements and schools.
There is funding for other income generating projects such as fibreglass boats and outboard engines, the refurbishment of RCL Guest House, renovation of Rabi Community Hall and the provision of a proper sound system for the community.
In 2012, the DCFD office funded hardware materials for the construction of ablution blocks for two primary schools and teachers quarters at Rabi High School.
A separate allocation for development projects this year for Rabi Island is totalled at $67,000
Report by: Rita Narayan
Several developments including income generating projects have been taking place on the island of Rabi which would soon benefit the Banaban community.
The island has a new jetty and soon to be installed ice plant provided by the Prime Minister’s Office which administers the ‘Rabi Subvention Fund’
The Deputy Secretary of the Development Cooperation and Facilitation Division in the PM’s Office, Naipote Katonitabua says they’ll be liaising closely with the Provincial Administrator Cakaudrove, the Rabi Council of leaders and village committees on the socio-economic development of Rabi.
An Information Ministry statement says the “Rabi Subvention Fund” is valued at $105,000.”
Katonitabua adds that for the last three years, they have worked closely with the Rabi Island Council in upgrading their water systems through the provision of piping materials and water tanks to villages, settlements and schools.
There is funding for other income generating projects such as fibreglass boats and outboard engines, the refurbishment of RCL Guest House, renovation of Rabi Community Hall and the provision of a proper sound system for the community.
In 2012, the DCFD office funded hardware materials for the construction of ablution blocks for two primary schools and teachers quarters at Rabi High School.
A separate allocation for development projects this year for Rabi Island is totalled at $67,000
Govt urged to continue
February 21, 2013 | Filed under: Fiji News | Posted by: newsroom
By MAIKELI SERU
A family of farmers in Muaniweni, Naitasiri, who say they were terrorised, assaulted and robbed during the height of the 2000 coup want Commodore Voreqe Bainimarama to continue leading Fiji.
And, they were not alone in their call. Some students, who remember the events 12 years ago, and a village leader in the same province, echoed the same sentiments.
The farmers, whose homes were nearly burnt by so-called rebels, said Commodore Bainimarama and his Government had been fighting corruption in Fiji.
The students, on the other hand, said Government should continue because of free education.
They do not want a repeat of the events of 2000. They still remember and do not want to be traumatised again.
Meanwhile, Navatuvula Village eco-tourism committee president Savenaca Kubu said Government should continue because the tourism project given to them had become a lifesaver.
NARAYAN FARMERS
Muaniweni farmers; Vishal, 24, Vishwa, 40, Nitin Sivam, 17, and Ravinesh Naicker, 32, had just sent off a truckload of ginger to be sold in Suva when the Fiji Sun crew drove up their driveway.
They were resting on their home porch.
They are members of the Narayan family who have been farmers all their lives.
They told us their story of 2000. Their double-storey home was broken into at night by rebels.
They were assaulted, terrorised, and their groceries forcefully taken.
They said these happened when the household leader was in Suva for a funeral.
“It was terrifying. They took everything. They demanded money and took whatever they wanted, even the food we had and our groceries.
“They then told us to remain indoors and poured kerosene around and inside our kitchen which was the basement of our home. We were lucky that while pouring kerosene they wet the box of matches and could not light the fire. We were saved then, but the experience was terrifying.
“Developments are happening around the country. That is what the grassroots people want.
Commodore Bainimarama should continue because his Government is stopping corruption. Before, when we want something for our farm, or apply for loan, we have to pay money to bribe some people. Nowadays Government bans corruption and that helps us poor people,” Mr Naicker chipped in.
“We are not sure who to vote for, but if this Government stands, we will vote them because they help farmers like us. I had been National Federation Party supporter, not Labour Party because Mahendra Chaudhry is one-sided. He only helps farmers in the West. We want politicians who help everyone, not politicians who takes sides,” Vishwa said.
STUDENTS WANT FREE EDUCATION
Muaniweni students, Bunasoli Kionia and Ruci Talei, said free education now offered would help children of Fiji prosper in the future.
“I remember in 2000 that the Indo-Fijians from here were brought to our village in Naqali to be protected. We were all frightened because there was lawlessness. Now it is peaceful and we have free education. This Government should continue because through free education, some children whose parents are poor are attending school,” Miss Kionia said.
ECO-TOURISM
Mr Kubu said their eco-tourism had improved their lifestyle.
Yesterday there were busloads of tourists who were treated to iTaukei ceremonies and entertainment. Villagers were paid for being hosts.
“Before we work hard in our farms relying on ginger, dalo and cassava. Today we stay in the village and money is brought to us by these tourists. We have toilets which are tiled, good water system and clean home and a clean village.
This has been brought about by this Government. They should continue,” he said.
By MAIKELI SERU
A family of farmers in Muaniweni, Naitasiri, who say they were terrorised, assaulted and robbed during the height of the 2000 coup want Commodore Voreqe Bainimarama to continue leading Fiji.
And, they were not alone in their call. Some students, who remember the events 12 years ago, and a village leader in the same province, echoed the same sentiments.
The farmers, whose homes were nearly burnt by so-called rebels, said Commodore Bainimarama and his Government had been fighting corruption in Fiji.
The students, on the other hand, said Government should continue because of free education.
They do not want a repeat of the events of 2000. They still remember and do not want to be traumatised again.
Meanwhile, Navatuvula Village eco-tourism committee president Savenaca Kubu said Government should continue because the tourism project given to them had become a lifesaver.
NARAYAN FARMERS
Muaniweni farmers; Vishal, 24, Vishwa, 40, Nitin Sivam, 17, and Ravinesh Naicker, 32, had just sent off a truckload of ginger to be sold in Suva when the Fiji Sun crew drove up their driveway.
They were resting on their home porch.
They are members of the Narayan family who have been farmers all their lives.
They told us their story of 2000. Their double-storey home was broken into at night by rebels.
They were assaulted, terrorised, and their groceries forcefully taken.
They said these happened when the household leader was in Suva for a funeral.
“It was terrifying. They took everything. They demanded money and took whatever they wanted, even the food we had and our groceries.
“They then told us to remain indoors and poured kerosene around and inside our kitchen which was the basement of our home. We were lucky that while pouring kerosene they wet the box of matches and could not light the fire. We were saved then, but the experience was terrifying.
“Developments are happening around the country. That is what the grassroots people want.
Commodore Bainimarama should continue because his Government is stopping corruption. Before, when we want something for our farm, or apply for loan, we have to pay money to bribe some people. Nowadays Government bans corruption and that helps us poor people,” Mr Naicker chipped in.
“We are not sure who to vote for, but if this Government stands, we will vote them because they help farmers like us. I had been National Federation Party supporter, not Labour Party because Mahendra Chaudhry is one-sided. He only helps farmers in the West. We want politicians who help everyone, not politicians who takes sides,” Vishwa said.
STUDENTS WANT FREE EDUCATION
Muaniweni students, Bunasoli Kionia and Ruci Talei, said free education now offered would help children of Fiji prosper in the future.
“I remember in 2000 that the Indo-Fijians from here were brought to our village in Naqali to be protected. We were all frightened because there was lawlessness. Now it is peaceful and we have free education. This Government should continue because through free education, some children whose parents are poor are attending school,” Miss Kionia said.
ECO-TOURISM
Mr Kubu said their eco-tourism had improved their lifestyle.
Yesterday there were busloads of tourists who were treated to iTaukei ceremonies and entertainment. Villagers were paid for being hosts.
“Before we work hard in our farms relying on ginger, dalo and cassava. Today we stay in the village and money is brought to us by these tourists. We have toilets which are tiled, good water system and clean home and a clean village.
This has been brought about by this Government. They should continue,” he said.
New Namosi Government Station
18:06 Today (February 21, 2013)
Report by: Mika Loga
The people of Namosi need not come down to Navua or Suva for government services in the future, as work is underway to establish a government station in the highlands.
[ Lt-Col] Commissioner Central BaleTuitubou revealed to FBC News, the new government station will be at Dada (PROUN: DHA-DHA) in Namosi.
Tuitubou says, so far its been confirmed the new government station will have an Agriculture Office, a Nursing Station, a Lands Office, Provicial Development Office and a Police Post.
Tuitubou says, his office has requested for more government departments to be part of the new Government Station.
“we are grateful to the landowners who have given us they have increase the size of the land from thirty to fifty acres so what we have done we have called in other government departments that will be involved that like to take the service up to the Namosi hills."
The decision to establish a government station in Namosi resulted from the development of a copper mine in the province.
Report by: Mika Loga
The people of Namosi need not come down to Navua or Suva for government services in the future, as work is underway to establish a government station in the highlands.
[ Lt-Col] Commissioner Central BaleTuitubou revealed to FBC News, the new government station will be at Dada (PROUN: DHA-DHA) in Namosi.
Tuitubou says, so far its been confirmed the new government station will have an Agriculture Office, a Nursing Station, a Lands Office, Provicial Development Office and a Police Post.
Tuitubou says, his office has requested for more government departments to be part of the new Government Station.
“we are grateful to the landowners who have given us they have increase the size of the land from thirty to fifty acres so what we have done we have called in other government departments that will be involved that like to take the service up to the Namosi hills."
The decision to establish a government station in Namosi resulted from the development of a copper mine in the province.
Mataqali refuse sewage plant plans
February 21, 2013 | Filed under: Fiji News | Posted by: newsroom
By LOSIRENE CHAND
The Tui Nasavusavu, Ratu Naulu Tagive, said talks regarding plans for a sewage treatment plant at Nukubalavu, Savusavu, have been going on but they were refusing to have it installed on their land.
“We have had Government departments come in and discuss the possibilities and advantages of having this,” Ratu Naulu said.
“I lead the mataqali and upon talks with them we agreed not to accept the proposal.”
Ratu Naulu said he did not approve of it because the proposed site was too small and it would be better off in a bigger area.
He said the three mataqalis; Valelevu, Nukubalavu and Nasavusavu were requested by Government officials and Cakaudrove provincial officers to meet with them on Monday evening to hear what they had to say and to see if they would change their minds.
“We are talking about mataqali land here (na qele maroroi) the Vunivasere area and if they want to talk to the landowners, that’s fine with me. We will sit and discuss this.”
He said the discussions had started last year and during a village meeting they had decided not to accept the project.
Acting Roko Tui Cakaudrove Sara Mataitawakilai said they could not comment at the moment as discussions were continuing.
By LOSIRENE CHAND
The Tui Nasavusavu, Ratu Naulu Tagive, said talks regarding plans for a sewage treatment plant at Nukubalavu, Savusavu, have been going on but they were refusing to have it installed on their land.
“We have had Government departments come in and discuss the possibilities and advantages of having this,” Ratu Naulu said.
“I lead the mataqali and upon talks with them we agreed not to accept the proposal.”
Ratu Naulu said he did not approve of it because the proposed site was too small and it would be better off in a bigger area.
He said the three mataqalis; Valelevu, Nukubalavu and Nasavusavu were requested by Government officials and Cakaudrove provincial officers to meet with them on Monday evening to hear what they had to say and to see if they would change their minds.
“We are talking about mataqali land here (na qele maroroi) the Vunivasere area and if they want to talk to the landowners, that’s fine with me. We will sit and discuss this.”
He said the discussions had started last year and during a village meeting they had decided not to accept the project.
Acting Roko Tui Cakaudrove Sara Mataitawakilai said they could not comment at the moment as discussions were continuing.
Further exemptions for state owned media regarding Pay TV
Publish date/time: 21/02/2013 [17:08]
An amendment has been made to the Media Industry Development Decree that now gives a state owned media organization a further exemption for pay television services.
This would give state owned broadcaster, Fiji Broadcasting Corporation, the option to get into a joint venture with foreign companies as long as FBC owns 15 percent of the shares in a Pay TV venture.
Under the new amendment gazetted by the President, it states that the sections in the Media Decree dealing with foreign ownership and cross media ownership do not apply for any media organization that broadcasts only entertainment programs via pay TV if the organization operates in a joint venture or partnership with a state owned media organization.
The exemption states that the state owned media organization shall hold at least 15 percent of the joint venture or partnership and there shall be at least one representative of the state owned media organization on the board of the joint venture.
Under the 2010 Media Decree, the ownership rules for other media organizations is that they can only have 10 percent foreign ownership and 90 percent of the company has to be owned by Fiji citizens permanently residing in Fiji.
Only the state owned media organization is allowed to run more than one type of medium under the current cross media ownership laws.
We have sent questions to the Attorney General and Public Enterprises Minister Aiyaz Sayed-Khaiyum on the reason behind the amendment and whether state owned broadcaster FBC is planning to go into a joint venture with a foreign company.
We have also sent questions to the CEO of FBC Riyaz Sayed-Khaiyum.
Story by: Vijay Narayan
An amendment has been made to the Media Industry Development Decree that now gives a state owned media organization a further exemption for pay television services.
This would give state owned broadcaster, Fiji Broadcasting Corporation, the option to get into a joint venture with foreign companies as long as FBC owns 15 percent of the shares in a Pay TV venture.
Under the new amendment gazetted by the President, it states that the sections in the Media Decree dealing with foreign ownership and cross media ownership do not apply for any media organization that broadcasts only entertainment programs via pay TV if the organization operates in a joint venture or partnership with a state owned media organization.
The exemption states that the state owned media organization shall hold at least 15 percent of the joint venture or partnership and there shall be at least one representative of the state owned media organization on the board of the joint venture.
Under the 2010 Media Decree, the ownership rules for other media organizations is that they can only have 10 percent foreign ownership and 90 percent of the company has to be owned by Fiji citizens permanently residing in Fiji.
Only the state owned media organization is allowed to run more than one type of medium under the current cross media ownership laws.
We have sent questions to the Attorney General and Public Enterprises Minister Aiyaz Sayed-Khaiyum on the reason behind the amendment and whether state owned broadcaster FBC is planning to go into a joint venture with a foreign company.
We have also sent questions to the CEO of FBC Riyaz Sayed-Khaiyum.
Story by: Vijay Narayan
Carr should toughen up on Fiji
From: The Australian
February 21, 2013 12:00AM
THE importance of maintaining pressure on Fiji's military rulers for a return to democracy has been underlined with the disclosure that 14 of the country's 17 political parties have been summarily deregistered. Media executives face stiff jail terms and fines if they so much as mention any organisation or party that does not have the regime's official imprimatur.
This follows the arbitrary trashing by Commodore Frank Bainimarama of the draft for a new constitution drawn up by the internationally respected expert professor Yash Ghai. It should leave no doubt anywhere - least of all in Canberra - about the difficulties ahead for our near neighbour in the run up to the promised 2014 elections.
The trashing of the constitution - because it provided a blueprint to keep the army out of politics - was egregious enough. Now the regime has made good on a decree according registration only to political parties with 5000 members (10 times higher than the number required in Australia) from specified districts, giving them a 28-day deadline to do so. The 14 have failed to meet the deadline. Additionally, in a move recalling oppressive apartheid rule in South Africa when "banned" parties and individuals were proscribed from being quoted, Fiji's editors have been told they could be fined $27,000 and jailed if they mention unregistered parties.
When Commodore Bainimarama trashed the constitutional draft, Foreign Minister Bob Carr was remarkably restrained in his response, in contrast to New Zealand, which strongly condemned the regime. Senator Carr said he understood why the draft had been dumped, winning high praise from regime supporters. It is unfortunate that Commodore Bainimarama interpreted Senator Carr's response as Australian support for his action. That ill-served the democratic cause, and Senator Carr would be unwise to make that mistake again. He should toughen up on Fiji.
There may be an argument for a nuanced, moderate approach, but Australia, as the regional leader, needs to make its views unmistakably clear when Commodore Bainimarama sets back hopes for a return to democracy. The heavy-handed and authoritarian manner in which political parties and the media are being dealt with is such a case. If Fiji is to return to democracy, it needs more political parties, not fewer; and it needs media freedom, not more draconian restrictions.
February 21, 2013 12:00AM
THE importance of maintaining pressure on Fiji's military rulers for a return to democracy has been underlined with the disclosure that 14 of the country's 17 political parties have been summarily deregistered. Media executives face stiff jail terms and fines if they so much as mention any organisation or party that does not have the regime's official imprimatur.
This follows the arbitrary trashing by Commodore Frank Bainimarama of the draft for a new constitution drawn up by the internationally respected expert professor Yash Ghai. It should leave no doubt anywhere - least of all in Canberra - about the difficulties ahead for our near neighbour in the run up to the promised 2014 elections.
The trashing of the constitution - because it provided a blueprint to keep the army out of politics - was egregious enough. Now the regime has made good on a decree according registration only to political parties with 5000 members (10 times higher than the number required in Australia) from specified districts, giving them a 28-day deadline to do so. The 14 have failed to meet the deadline. Additionally, in a move recalling oppressive apartheid rule in South Africa when "banned" parties and individuals were proscribed from being quoted, Fiji's editors have been told they could be fined $27,000 and jailed if they mention unregistered parties.
When Commodore Bainimarama trashed the constitutional draft, Foreign Minister Bob Carr was remarkably restrained in his response, in contrast to New Zealand, which strongly condemned the regime. Senator Carr said he understood why the draft had been dumped, winning high praise from regime supporters. It is unfortunate that Commodore Bainimarama interpreted Senator Carr's response as Australian support for his action. That ill-served the democratic cause, and Senator Carr would be unwise to make that mistake again. He should toughen up on Fiji.
There may be an argument for a nuanced, moderate approach, but Australia, as the regional leader, needs to make its views unmistakably clear when Commodore Bainimarama sets back hopes for a return to democracy. The heavy-handed and authoritarian manner in which political parties and the media are being dealt with is such a case. If Fiji is to return to democracy, it needs more political parties, not fewer; and it needs media freedom, not more draconian restrictions.
Four moneychangers fined for role in Fiji heist involving $1m
Published on Feb 20, 2013
3:20 PM
3:20 PM
Four moneychangers (left to right) Abdul Jaleel N. K. Mohamed Ali, Amir Hamja Shaik Dawood, Sheik Allavudeen S. S. Omar and Nizamudeen D. M. Syed Ahmad, who failed to record transactions involving nearly $720,000 of stolen Fiji dollars, were fined on Wednesday, Feb 20, 2013. -- ST PHOTO: LIM SIN THAI
PM in UAE on invitation
Ioane Burese
Thursday, February 21, 2013
PRIME Minister Commodore Voreqe Bainimarama recently arrived in Abu Dhabi, the capital of the United Arab Emirates at the invitation of the government of the UAE.
According to a government statement, the Prime Minister's visit to the UAE follows the ongoing participation by the Republic of Fiji's Military Forces including its senior officials at the International Defence Exhibition 2013 (IDEX 2013) which is being held in the UAE. The RFMF Band which is part of the RFMF delegation to the UAE was also invited to perform at the exhibition and in other parts of Abu Dhabi.
While in the Emirates, the head of government will also participate at the Gulf Defence Conference.
The Prime Minister is expected to meet the Crown Prince of Abu Dhabi and the deputy supreme commander of the UAE armed forces His Highness Lieutenant General Sheikh Mohammed bin Zayed bin Sultan Al Nahyan to look at strengthening bilateral relations.
IDEX is considered the largest exhibition for public security and armaments in the Middle East and provides the unique opportunity to raise awareness of the latest in naval, maritime and coastal security technology equipment and crafts. Senior members of the UAE's armed forces as well as Fiji's envoy to the UAE Robin Nair met the Prime Minister on his arrival at Abu Dhabi.
Thursday, February 21, 2013
PRIME Minister Commodore Voreqe Bainimarama recently arrived in Abu Dhabi, the capital of the United Arab Emirates at the invitation of the government of the UAE.
According to a government statement, the Prime Minister's visit to the UAE follows the ongoing participation by the Republic of Fiji's Military Forces including its senior officials at the International Defence Exhibition 2013 (IDEX 2013) which is being held in the UAE. The RFMF Band which is part of the RFMF delegation to the UAE was also invited to perform at the exhibition and in other parts of Abu Dhabi.
While in the Emirates, the head of government will also participate at the Gulf Defence Conference.
The Prime Minister is expected to meet the Crown Prince of Abu Dhabi and the deputy supreme commander of the UAE armed forces His Highness Lieutenant General Sheikh Mohammed bin Zayed bin Sultan Al Nahyan to look at strengthening bilateral relations.
IDEX is considered the largest exhibition for public security and armaments in the Middle East and provides the unique opportunity to raise awareness of the latest in naval, maritime and coastal security technology equipment and crafts. Senior members of the UAE's armed forces as well as Fiji's envoy to the UAE Robin Nair met the Prime Minister on his arrival at Abu Dhabi.
February 20, 2013
Fiji newspaper hit hard for printing NZ story
MICHAEL FIELD
Last updated 16:55 20/02/2013
Fiji's main daily paper has been fined F$300,000 (NZ$201,000) and its editor jailed for six months for reprinting a New Zealand Sunday Star-Times story which said there were no independent courts in the military ruled nation.
In the 2011 story, Oceania Football Confederation (OFC) general secretary Tai Nicholas, 44, commented on legal issues involving Fiji football.
Last updated 16:55 20/02/2013
Fiji's main daily paper has been fined F$300,000 (NZ$201,000) and its editor jailed for six months for reprinting a New Zealand Sunday Star-Times story which said there were no independent courts in the military ruled nation.
In the 2011 story, Oceania Football Confederation (OFC) general secretary Tai Nicholas, 44, commented on legal issues involving Fiji football.
"You should be aware that with no judiciary there," he said, referring to another case, and added "it is not a court per se."
Fiji's military appointed attorney general, Aiyaz Sayed-Khaiyum, ordered prosecutions against the Fiji Times and Nicholas.
Nicholas last week was convicted in absentia and fined F$15,000 for contempt of court.
High Court Judge William Calanchini in a written judgement on Nicholas said his quotes were "a scurrilous attack on the members of the judiciary, thereby lowering the authority of the judiciary and the court".
Fijivillage's website reports that Calanchini convicted the Fiji Times Ltd, its editor Fred Wesley and former publisher Brian O'Flaherty.
The Fiji Times, the country's largest circulation newspaper, has been fined F$300,000 and which must be paid within 21 days.
Wesley has been sentenced to six months imprisonment suspended for two years.
O'Flaherty has been fined F$10,000.
There has been no comment from the newspaper.
Formerly owned by New Corp's Rupert Murdoch, it was forcibly sold after military coup leader Voreqe Bainimarama ordered an end to foreign ownership.
Within Fiji's media industry it is expected that this heavy fine will knock the publication out of business.
An Australian, Calanchini was, following the 2000 George Speight coup, appointed the Fiji Military Forces' prosecutor for soldiers who mutinied against their commander, Bainimarama.
He controls all appointments in his regime, including that of the current president, Epeli Nailatikau.
Bainimarama, who overthrew the democratic government in 2006, claims the court system is independent because Nailatikau nominally makes appointments to the bench.
In April 2009 the then independent Fiji Court of Appeal ruled that Bainimarama's coup three years earlier was illegal.
In reaction Bainimarama abolished the constitution and dismissed all judges and with a military decree created a new court system. International authorities, including the Commonwealth, the United Nations and the Pacific Forum, have said Fiji's court system is not independent.
- © Fairfax NZ News
Over 9000 complaints received by FICAC last year
Publish date/time: 20/02/2013 [11:03]
More than 9,000 complaints were received by the Fiji Independent Commission against Corruption last year registering the highest number of complaints compared to the past three years.
According to FICAC, 9,817 complaints were received last year and most number of complaints came from people who were not happy with the way their ‘businesses’ were handled by certain organizations.
These complaints include delaying tactics or the failure of certain organizations to solve people's queries and complaints in a timely manner.
There were 558 complaints of corruption related cases.
Story by: Praneeta Prakash
More than 9,000 complaints were received by the Fiji Independent Commission against Corruption last year registering the highest number of complaints compared to the past three years.
According to FICAC, 9,817 complaints were received last year and most number of complaints came from people who were not happy with the way their ‘businesses’ were handled by certain organizations.
These complaints include delaying tactics or the failure of certain organizations to solve people's queries and complaints in a timely manner.
There were 558 complaints of corruption related cases.
Story by: Praneeta Prakash
Concern over native land law amendment in Fiji
Posted at 18:26 on 19 February, 2013 UTC
Fiji’s Coalition for Democracy is worried about a decree to amend native land laws that has been issued by the interim government.
Fiji’s Land Act has been amended to prevent any further iTaukei or native land being able to be converted to freehold land.
The proposal from the Prime Minister Commodore Frank Bainimarama has been approved by Cabinet and gazetted.
The coalition’s Nik Naidu says laws around land are so sensitive that potential changes used to require lengthy debate and consultation with land owners and chiefs.
“When it comes to native land in particular in Fiji, indigenously owned its senstive issue and past precedence has been the indigenous population in particular, the Great Council of Chiefs could veto and there’d be consults with landowners before laws could be touched, ammended or passed.”
Nik Naidu says this latest amendment is just one more of the interim regime’s illegal laws.
Fiji’s Coalition for Democracy is worried about a decree to amend native land laws that has been issued by the interim government.
Fiji’s Land Act has been amended to prevent any further iTaukei or native land being able to be converted to freehold land.
The proposal from the Prime Minister Commodore Frank Bainimarama has been approved by Cabinet and gazetted.
The coalition’s Nik Naidu says laws around land are so sensitive that potential changes used to require lengthy debate and consultation with land owners and chiefs.
“When it comes to native land in particular in Fiji, indigenously owned its senstive issue and past precedence has been the indigenous population in particular, the Great Council of Chiefs could veto and there’d be consults with landowners before laws could be touched, ammended or passed.”
Nik Naidu says this latest amendment is just one more of the interim regime’s illegal laws.
Fiji's squatter settlements
30 Nov
An estimated 15 per cent of Fijians are living in urban squatter settlements with limited access to electricity and running water. Kate Geraghty spoke to some of the residents.
Watch the heartbreaking multimedia story here.
An estimated 15 per cent of Fijians are living in urban squatter settlements with limited access to electricity and running water. Kate Geraghty spoke to some of the residents.
Watch the heartbreaking multimedia story here.
Bureau records rise in inflation
Ropate Valemei
Wednesday, February 20, 2013
THE average annual rate of inflation for the 12 months to January 2013 stands at 4.1 per cent, according to the latest report on Consumer Price Index (CPI) from the Fiji Bureau of Statistics.
In a statement, government statistician Epeli Waqavonovono said this had increased compared to 3.2 per cent for the same period last year.
"All CPI for the month of January, 2013 registered an increase of 2.2 per cent over 2012 (143.3) and stands at 164.4," he said.
"There are two measures of inflation used in Fiji. One compares the average CPI over the past 12 months with the average CPI over the previous 12 months.
"The other, which is used in most countries, compares the CPI in the current month with the CPI in the comparable month of the previous year."
Mr Waqavonovono said the bureau recorded a 4.2 per cent increase in the price of food.
Wednesday, February 20, 2013
THE average annual rate of inflation for the 12 months to January 2013 stands at 4.1 per cent, according to the latest report on Consumer Price Index (CPI) from the Fiji Bureau of Statistics.
In a statement, government statistician Epeli Waqavonovono said this had increased compared to 3.2 per cent for the same period last year.
"All CPI for the month of January, 2013 registered an increase of 2.2 per cent over 2012 (143.3) and stands at 164.4," he said.
"There are two measures of inflation used in Fiji. One compares the average CPI over the past 12 months with the average CPI over the previous 12 months.
"The other, which is used in most countries, compares the CPI in the current month with the CPI in the comparable month of the previous year."
Mr Waqavonovono said the bureau recorded a 4.2 per cent increase in the price of food.
Rating Action: Moody's revises outlook on Fiji's B1 rating to stable
Singapore, February 13, 2013 -- Moody's Investors Service has today affirmed the B1 foreign and local currency long-term bond ratings of the Government of Fiji. The ratings outlook has been changed to stable from negative.
The key drivers for the decision are:
1. Improved fiscal and macroeconomic outcomes; and
2. The demonstrated stability of the external payments position.
Moody's also affirmed Fiji's long-term foreign currency (FC) bond and deposit ceilings at Ba3 and B2, respectively. These ceilings act as a cap on the ratings that can be assigned to the FC obligations of other entities domiciled in the country.
Fiji's local currency (LC) bond and deposit ceilings have been lowered to Ba2 from Baa1.
RATINGS RATIONALE
In 2011 and 2012, real GDP is projected to have grown by an average of 2.2%, materially higher than the average contraction of 0.2% over the four-year period following the 2006 coup. Despite softening somewhat in late 2012, historically high tourist arrivals have spurred tourism-related investments and driven economic momentum. Income tax cuts and declining inflation have also supported the recovery in household and business spending. Nevertheless, the Fijian economy continues to grow at a slower pace as compared to similarly rated countries.
Improved economic growth and revenue reforms have contributed to lower fiscal deficits, which have narrowed from around 4% of GDP in 2009 to a projected average of 1.5% over the past two years. The shift away from direct to indirect forms of taxation, such as the value-added tax (VAT), has broadened the tax base and improved compliance. In 2011, the VAT rate was increased to 15.0% from 12.5% and a capital gains tax was introduced, while the following year's budget was characterized by an across the board cut in income taxes for individuals and businesses. As a result, revenue performance is projected to have improved by nearly two percentage points of GDP from 2009 to 2012. Consequently, primary surpluses in excess of 2% of GDP have been restored and the stock of general government debt has stabilized at around 52% of GDP.
The downgrade of Fiji's rating in April 2009 was precipitated by a fall in foreign exchange reserves, which subsequently led to a devaluation of the Fijian dollar and the imposition of exchange controls. Since then, however, the country's current account deficit has narrowed, while the overall balance of payments has not been adversely affected by the selective liberalization of exchange controls. The exchange rate vis-Ã -vis the US dollar has consequently stabilized, improving debt sustainability, while the Fijian dollar's relative weakening against the Australian dollar has supported tourism prospects. Foreign exchange reserves have also rebounded to around US$895 mn currently from a low of US$240 mn in March 2009.
More favorable economic prospects may be contingent upon the restoration of electoral democracy. Political concerns have affected Fiji's ability to attract investments with FDI inflows falling from a peak of 13.3% of GDP in 2006 to 1.9% in 2009 before recovering to 6.1% in 2010, the latest data available. Although sanctions continue to be imposed by two of Fiji's largest neighbors, Australia and New Zealand, both of these countries have acknowledged sufficient progress towards elections in 2014 by restoring diplomatic ties in 2012.
Because of the political situation, Fiji has limited access to external concessional financing from multilateral and bilateral sources unlike other countries at comparable levels of development. However, the situation has been mitigated by the captive market for government debt provided by the country's superannuation fund, the Fiji National Provident Fund (FNPF). The fund's balance sheet is continuously bolstered by mandatory contributions from those employed in the formal sector, providing a reliable source of demand for government securities. As of October 2012, the FNPF held about 65% of the Fiji government's total outstanding LC debt. The long-term actuarial sustainability of the FNPF have improved due to reforms that took effect in March 2012.
WHAT COULD CHANGE THE RATING--UP
A positive rating action could be prompted by a substantial reduction in the government's debt burden and a further improvement in growth performance, which continues to be weak relative to similarly rated countries. The successful holding of elections and consequently lower political risks would also be credit positive.
WHAT COULD CHANGE THE RATING--DOWN
A negative rating action could result from the reemergence of balance of payments pressures or the return to materially weaker growth conditions—both of which could be prompted by an escalation of political risks—as well as a deterioration of recently stabilized fiscal and debt metrics.
METHODOLOGY
The principal methodology used in this rating was Sovereign Bond Ratings published in September 2008. Please see the Credit Policy page on www.moodys.com for a copy of this methodology.
Moody's country ceilings capture externalities and event risks that arise as a consequence of locating a business in a particular country and that ultimately constrain domestic issuers' ability to service their debt obligations. As such, the ceiling encapsulates elements of the economic, financial, political, and legal risks in a country, including political instability, the risk of government intervention, the risk of systemic economic disruption, severe financial instability risks, currency redenomination, and natural disasters among other factors, that need to be incorporated into the ratings of even the strongest domestic issuers. The ceiling caps the credit rating of all issuers and transactions with material exposure to those risks -- in other words, it affects all domestic issuers and transactions other than those whose assets and revenues are predominantly sourced from or located outside of the country, or which benefit from an external credit support.
Other Factors used in this rating are described in Local-Currency Country Risk Ceiling for Bonds and Other Local Currency Obligations published in August 2012.
REGULATORY DISCLOSURES
For ratings issued on a program, series or category/class of debt, this announcement provides certain regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices. For ratings issued on a support provider, this announcement provides certain regulatory disclosures in relation to the rating action on the support provider and in relation to each particular rating action for securities that derive their credit ratings from the support provider's credit rating. For provisional ratings, this announcement provides certain regulatory disclosures in relation to the provisional rating assigned, and in relation to a definitive rating that may be assigned subsequent to the final issuance of the debt, in each case where the transaction structure and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating. For further information please see the ratings tab on the issuer/entity page for the respective issuer on www.moodys.com.
For any affected securities or rated entities receiving direct credit support from the primary entity(ies) of this rating action, and whose ratings may change as a result of this rating action, the associated regulatory disclosures will be those of the guarantor entity. Exceptions to this approach exist for the following disclosures, if applicable to jurisdiction: Ancillary Services, Disclosure to rated entity, Disclosure from rated entity.
Please see www.moodys.com for any updates on changes to the lead rating analyst and to the Moody's legal entity that has issued the rating.
Please see the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each credit rating.
Christian de Guzman
Vice President - Senior Analyst
Sovereign Risk Group
Moody's Investors Service Singapore Pte. Ltd.
50 Raffles Place #23-06
Singapore Land Tower
Singapore 48623
Singapore
JOURNALISTS: (852) 3758 -1350
SUBSCRIBERS: (65) 6398-8308
Vice President - Senior Analyst
Sovereign Risk Group
Moody's Investors Service Singapore Pte. Ltd.
50 Raffles Place #23-06
Singapore Land Tower
Singapore 48623
Singapore
JOURNALISTS: (852) 3758 -1350
SUBSCRIBERS: (65) 6398-8308
Bart Oosterveld
MD - Sovereign Risk
Sovereign Risk Group
JOURNALISTS: 212-553-0376
SUBSCRIBERS: 212-553-1653
MD - Sovereign Risk
Sovereign Risk Group
JOURNALISTS: 212-553-0376
SUBSCRIBERS: 212-553-1653
Releasing Office:
Moody's Investors Service Singapore Pte. Ltd.
50 Raffles Place #23-06
Singapore Land Tower
Singapore 48623
Singapore
JOURNALISTS: (852) 3758 -1350
SUBSCRIBERS: (65) 6398-8308
Moody's Investors Service Singapore Pte. Ltd.
50 Raffles Place #23-06
Singapore Land Tower
Singapore 48623
Singapore
JOURNALISTS: (852) 3758 -1350
SUBSCRIBERS: (65) 6398-8308
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