Bending the Rules

Now this little bit of news was again sooo predictable on the part of the junta....


Twist to ousted PM court case

The Fiji Human Rights Commission wants to be an additional party in the case in which Mr Qarase is questioning the legality of the removal of his government by the Fiji Military last December.


Radaus/ Pacnews
Tue, 11 Sep 2007

SUVA, FIJI ---- There’s been a surprise twist in Fiji concerning the case brought out against the island’s military government by ousted Prime Minister Laisenia Qarase.

The Fiji Human Rights Commission wants to be an additional party in the case in which Mr Qarase is questioning the legality of the removal of his government by the Fiji Military last December.

Radio Australia reports outgoing director of the Fiji Human Rights Commission Shaista Shameem is asking the High Court for permission to be the intervener in Mr Qarase’s case.

She told acting chief justice Judge Anthony Gates this privilege is allowed for under the island’s Human Rights Act.

Dr Shameem said she also want to submit two reports her Commission has compiled about the legality of the military action.

But both the plaintiff and defendants’ lawyers objected to Dr Shameem’s application.

Mr Qarase’s lawyer Tevita Fa wondered whether the reports were authored by the Commission or by Dr Shameem herself.

He suggested the Human Rights Commission’s involvement can be considered at a later date.

The state lawyer agreed, submitting that both the two primary parties be allowed to continue on their own, without the intervention of Dr Shameem’s Commission.

Judge Gates will rule on the matter on Wednesday.


What she essentially suggests in her application is that the Human Rights Commission (HRC) Act can more or less bend the rules of our courts. Now the HRC Act does allow the Proceedings Commissioner (and not the Ombudsman) to be heard in the High Court, the Court of Appeal or the Supreme Court in relation to any proceedings for which on unfair discrimination or violations of rights are at issue.

But the HRC's position as intervenor as clearly outlined in this media piece will (predictably) stoke the dying embers of "this coup was not a really a coup" and "Qarase et al committed crimes against humanity".

However, practically thinking the REAL role of the HRC in such a matter whether as amicus curiae or as an intervenor should be to provide specialist (human rights) advice and the HRC MUST BE INDEPENDENT of the parties to the case. There are court standards already in place to ensure this and they are called the High Court Rules.

But what will be most telling is when the learned Judge Gates rules in The Shyster's favour to intervene in this case (and mark our words he will because he wants to save his own neck as co-conspirator).

But wait! Thats not all. In July this year our good ol President under the expert advice (ho hum) of the iAG, Messrs Saiyed Khaiyum promulgated yet again changes to the High Court Act which allowed for judges from Singapore, Malaysia, Hong Kong and India to sit on our benches.

Court stacking anyone? Cus that's really what's going down here.

Déjà Vu

Yes we’ve got déjà vu too. We’ve been down this road before and already the regional and international condemnation is coming thick and fast.

Sorry FVB folks. You will again bear the repeated brunt of having to perform miracles of turning water into wine on the tourism front. The upgraded travel advisories won’t make this task any easier.

So again we citizens have to make do with reduced public outbursts. You know what that means on the Letters to Ed and blogging fronts.

What is extremely entertaining tho’ is the continued charade of their continued upholding of our constitution. This time around the junta has firmly placing a noose around the Presidents neck who does not really have powers to declare a state of emergency. A Promulgation does not cut it folks…check your constitution. It is very unclear how The Shyster is interpreting her version of the light blue book.

But if there’s one thing we can count this junta on its PREDICTABILITY. Their cycle of governing has consistently been as follows

• Problem
• Knee Jerk reaction
• Impact
• Rethink reaction
• Problem
• Knee Jerk reaction
• Impact
• Rethink reaction

And so it goes. Only thing is the initial problems they encounter end up metamorphisizing into 3 more problems. Do not be surprised therefore that we aren’t going anywhere. Do not be further shocked to discover that original thinking nahi hai.

So where are we heading right now? Your guess is as good as ours. But hold fast and hold true to the fact that every cloud has a silver lining.

God is with us.

Of weasels and weasel tactics

Take a bow Thakur Ranjit Singh aka Thakurji for the most erroneous, shabby, poorly expressed political commentary ever to be presented on national television! Apologies to those who were not privy to last Sunday’s Fiji TV Close Up debacle (take it from us you didn’t miss much), unfortunately the programme is not available for on-line viewing as yet.

The man essentially said that democracy is not about the wishes of the majority and that victims of human rights abuses are a price that we pay for an evolving democracy. Extremely odd that the organization that he is employed for has other views on the matter.

Messrs Thakurji was very careful however not to slam NZ too harshly saying it was a very transparent democracy BUT that it should have intervened with Fiji to get it back on the straight and narrow. In the next breath while detailing how Aotearoa went about their qoliqoli legislation he then went on to say that NZ understands sovereignty (I know! We were equally confused).

Way to go Thakurji…I wonder whether Amnesty International a global NGO committed to human rights worldwide would appreciate this interpretation of human rights and democracy especially on the heels of their international office’s statement supporting the immediate adoption of the United Nations Declaration on the Rights of Indigenous Peoples!

But we’re not going to waste any more time on the weasels coming out of the woodwork. What is more concerning is the fast and furious pace that buy-in is being solicited on the Peoples Charter before the 2^nd deadline of 31 August. It is very evident that a concerted effort is being made by the junta to get some semblance of numbers from the rural populace (yes Raturala has been busy working that microphone) so that whatever happens next, they can confidently say that XX% of a cross-section of Fiji engaged with us on this charter…it will NOT matter that you disagreed with it (they might tell us later that "actually a majority of people we consulted really liked the charter and therefore the aye’s have it") in which case you will probably join the multitudes of unresolved complaints at the human rights commission or FAIKEK.

The frenzy for getting support whilst it has involved some provincial council engagement, will no doubt quadruple in effort thanks to the new GCC Review team which already (try as we might to be optimistic folks) reeks of an agenda.

We’ve said our piece on this bogus charter before but we’ll say it again. People of Fiji do not be fooled. The only charter that should be worth your time is one which has ballot boxes awaiting your ticks.

Come out, come out wherever you are!

It’s not surprising that all the junta supporters are slowly but surely tip-toeing out of the woodwork with emotional black-mailing guns cocked at the ready with their BS about stepping up to the plate for the good of this country or the "house is on fire" etc etc.

They can call it whatever they like, and even sugar-coat it with fat-free sucrine to make it more tempting to swallow but the bottom line is this. They have publicly made their positions known by supporting an illegal regime. That’s fine. They can have their views and that is respected but they will be made to answer for it very soon on the legal, moral, religious and medical fronts. Guilt is very taxing on the human psyche. Moreover, they will be shunned tacitly or untacitly for disrespecting the majority wishes of the voting electorate.

Another key trend is the influx of academic rhetoric being conveniently floated around about “democracy; what/who’s democracy/” or “elections not a panacea” for which our response is "trifling". Underneath it all is clear support for the militia-led removal of a democratically elected government.

Equally concerning is the flooding of FLP allies from Aust and NZ into Fiji. The new TV channel 2 owner Kenneth Stratton who helped the FLP in media aspects of their 2006 manifesto as highlighted by Fiji TV will soon be a player in television broadcasting. We hope Stratton et al have done their number crunching well, as the market is probably already saturated and prospective customers have more pressing priorities with their already dwindling disposable incomes. In addition FICAC has hired yet another Kiwi lawyer to provide advice.

All we will say to that is that Mr Howard and Ms Clarke better get their people straightened out or it will yet again show the wider Pacific community just how inconsistent the big brothers can be. No use jumping up and down about democratic rule when their own citizens are helping the illegal regime aye matey's? Tonga is definitely the place to be come October.

The EU’s confirmation of a financing agreement of F$8mill of public fund Euro’s towards the sugar sector is an interesting development. The agreement was signed in June in the presence of Mr Chaudhry. However the EC as a whole will have to decide in finality next month about the release of funds. Perhaps the statement of 27 June by the German President of the EC is key to this final decision.

All in all, the rhetoric and the correlating actions (and inactions) will speak volumes. To those still “shy” about meeting the public we say come out, come out wherever you are!