April 07, 2014

Radio NZ: UFDF complains about Bainimarama decree breach to police

Updated at 4:51 pm on 31 March 2014


The co-ordinator of Fiji's main political grouping has filed a police complaint saying Rear Admiral Frank Bainimarama has breached the Political Parties Decree.

Mick Beddoes of the UFDF says Rear Admiral Bainimarama should be held accountable for breaching the decree because he is campaigning and appointing candidates before his party has been registered.

He says the police have received his complaint and although he has no confidence it will conduct an independent investigation, it will prove a point.

"If the police is acting independently they probably would be interested to investigate and take appropriate action. If they don't, and nothing much happens to it, then the reverse is what they're confirming; that there is no independent, impartial institution acting in the best interest of the people."

Mick Beddoes says his complaint is also against media outlets like the Fiji Sun, and several other government individuals.

The Fiji Police say they've received Mr Beddoes complaint but aren't commenting further.

Pacific Scoop: MIDA orders Fiji Television to apologise over chief’s ‘hate’ speech

Report – By Anna Majavu
19:02 April 3, 2014

The Fiji state-controlled Media Industry Development Authority (MIDA) has ruled that a Fiji Television is guilty of “hate speech” and could be fined for broadcasting a public meeting at which politicians spoke.
Ratu Timoci Vesikula MIDA chairman Ashwin Raj said at a press conference in Suva today he was taking legal advice about the kind of fines that he might levy against Fiji One News, and that the television station would have to issue a public retraction after he ruled that the TV station was in breach of the Media Industry Development Authority (MIDA) decree.
Fiji faces a general election to restore democratic rule on September 17.
Fiji One News recently broadcast a public meeting at which Verata chief Ratu Timoci Vesikula first asked Fiji’s Prime Minister Voreqe Bainimarama for guarantees that his community’s land would be protected, and then told Bainimarama that race was still a “fact of life” in Fiji.
Without the support of the country’s indigenous people, Bainimarama would “never return to power after the general elections”, Ratu Timoci said.
Ratu Timoci also said certain sections of the population (which according to Fairfax , implied Indo-Fijian) would want to appease and pacify Bainimarama just to have their aspirations met.
The Fiji Times quoted Ratu Timoci telling Bainimarama that indigenous Fijians “were living in poverty” and “simply living in a bad state”.
Ratu Timoci was also guilty of “hate speech”, said Raj, as he had contravened the 2009 Crimes Decree provisions which barred anyone from “urging political violence”. The maximum fine for this is 10 years in prison.
A video of the meeting has been uploaded to Facebook and is in wide circulation.
Official complaint
After the meeting, Bainimarama laid an official complaint against Fiji One News, which MIDA said it would investigate.

He also said that the MIDA investigation would serve as a warning to other politicians who might want to make similar statements to Ratu Timoci in the months leading up to the election.
Apart from announcing that the investigation had found that Vesikula’s statements amounted to hate speech, Raj hit out at the media for giving “unfettered prominence” to Ratu Timoci’s speech.
Ratu Timoci had said that different races in Fiji were “like water and kerosene”, Raj said.
He said Ratu Timoci had “breached the bill of rights” by casting slurs on Indo-Fijians and that his statements amounted to him “threatening racial hatred”.
Raj denied that he was impinging on the freedom of the media by ruling against Fiji One News and said the TV station should not have broadcast information likely to “promote communal discord”.
He told journalists that their “subjectivities” should not get in the way of their work, and lashed out at journalists from different media houses for writing “unsubstantiated statements”.
Raj said he was not a “lackey of the regime” and said that “laws need to be respected at all times”. He warned the assembled journalists that there would be “consequences” if they did not adhere to Fiji’s media decrees.
Warning to politicians
Raj again lashed out at “freelance” journalists who had not registered with the government, saying if they did not register with MIDA soon, he would seek recourse against them in line with the media decrees.
The freelance journalists “distort a ton of things” and were guilty of “sheer recklessness”.
“I have to deal with that. They cannot be the law and the transgression” he said, labelling the freelance journalists as “rogue elements”.
No journalist could operate in Fiji without registering, or else they would face fines of up to F$100,000. Raj also said the government had spent a lot of money on workshopping journalists on issues like hate speech and that it was about time the media “got the hang of it”.
“The media industry in this country needs to grow up,” Raj said.
Even members of the public, and not just the media, needed to be “very, very careful” about how they conducted themselves, Raj said.
MIDA, which was established by a military order, has been in the news lately for announcing that three New Zealand and Australian journalists would remain banned from Fiji because of alleged negative reporting on the regime.

NZ 3 News: Fiji under pressure to hold free and fair elections

Tuesday 01 Apr 2014 9:06a.m.

Prime Minister John Key is hopeful Fiji's upcoming elections will be free and fair, but if they're not, New Zealand would consider taking action.

New Zealand and Australia announced on Monday that they were lifting travel sanctions against Fiji to recognise the steps the Pacific Island nation is making towards holding democratic elections.

Last week Fiji's military rulers set September 17 as the date for the first democratic elections since Frank Bainimarama seized power in a 2006 military coup and installed himself as Prime Minister.

Mr Key said on Firstline this morning that there have been "substantial changes" made in Fiji in recent times and the lifting of the travel ban recognises that.

"In the end, if (Bainimarama) doesn't hold free and fair elections, then we'll go and reconsider what happens next," Mr Key said.

"Our hope obviously is that it is. We've provided support, our electoral 
officers have been in Fiji and will continue to be in Fiji, we're offering support to the interim government to make sure they are free and fair."

Labour leader David Cunliffe has backed the Government's move to lift sanctions.

"However there is still work to be done. It is important that restrictions on media in Fiji are lifted as they will be a key part of free and fair elections," he said.

Fiji's interim government said in a statement on Monday it's pleased with the decision of New Zealand and Australia to lift all existing sanctions.

"The Fijian government has always believed that the sanctions were ill-conceived and served only to discourage talented and qualified individuals from serving the Fijian people," the statement said.

"The removal of sanctions is a positive step towards restoring normal relations between our governments. The relations between our peoples has never weakened."

Fijian Coalition for Democracy spokesperson Nik Naidu says only "time will tell" whether the elections will be free and fair.

"It's going to be hard," he said on Firstline this morning.

"I think it possibly will be free and fair provided the results go Mr Bainimarama's way. If they don't, then there's a huge chance there will be another coup."

He puts the chances of Mr Bainimarama winning September's election at 50 percent.

"Having had restrictions on the media over the last seven or eight years, and propaganda out there by the regime, he's pretty popular there."

As Fijian voters in the past have cast ballots generally along ethnic lines, Mr Naidu says ethnic Fijian parties are likely to win 65 to 70 percent of the vote.

NZN / 3 News

April 03, 2014

Prof Wadan Narsey - Election Issues Bulletin 7: The 2013 BKC Open List System



The 2014 Electoral Act has confirmed that there will be an “Open List” proportional system that will be used to count the votes and determine the selection of members of Parliament.

There will be one national constituency electing 50 parliamentarians, or roughly 2% of votes (about 10,800 votes) per parliamentarian.

But the stipulation of a 5% threshold for parties and Independents (roughly 27,000 votes), makes a mockery of the claims of proportionality and “one person-one vote- equal value”.

Small parties and Independents unable to get a minimum of around 27,000 votes cast will be disqualified from being elected to Parliament. Moreover, the votes received by them will have no further influence, and hence totally wasted.

If, by some miracle, Independents do get elected, they will be wasting at least two thirds of their supporters’ votes.

In contrast, many of the individuals elected under their Party umbrellas, will almost certainly have much smaller numbers of votes, compared to those being disqualified by the 5% threshold.

The counting method
Sections 104 to 106 of the Electoral Decree 2014, sets out the methods for the counting of votes and calculation of each party’s allocation in Parliament.

Unfortunately, the method outlined in the Decree, while legally appropriate, is difficult to understand and explain to the general public or even political parties (readers can have a go if they want).

Nevertheless, the simple arithmetical example I give below conveys how the numbers of parliamentarians for each party will be determined.

The voting basics
I estimate from demographic projections that there are about 580 thousand eligible voters in 2014.

Some 540,000 voters appear to have been registered. Let us suppose that they all vote.

Then the election basic numbers are as in Table A.

Table A: Election Basics 
No of seats in Parliament
50
Total voters
540,000
Votes per seat
10,800
5% threshold to be elected
27,000
Table B Votes Received

Votes
Party A
169,000
Party B
185,000
Party C
45,000
Party D
55,000
Party E
25,000
Independent 1
30,000
Independent 2
20,000
Independent 3
11,000
 Total
540000
Table C Allocating the 49 Parliamentarians 
 (1)
Party
(2)
Votes
(3)
Proportion of
454,000
(4)
Fractional
Number
Of seats
(5)
Rounded
Numbers
Of seats
Party A
169000
0.372
18.24
18
Party B
185000
0.407
19.97
20
Party C
45000
0.099
4.86
5
Party D
55000
0.121
5.94
6
Total for above
454000
1
49
49
Independent 1



1
Total in Parliament


50
Table D Voters per seat won

(1)
Votes
(2)
Seats
(3) Votes/seat
Party A
169000
18
9,389
Party B
185000
20
9,250
Party C
45000
5
9,000
Party D
55000
6
9,167
Party E
25000
0

Indep 1
30000
1
30,000
Indep 2
20000
0

Indep 3
11000
0


540000
50
10,800
Table E: Selecting the Parliamentarians for Party A 
Candidate
Votes
Elected?
1. The Leader
118,400
YES
2
15,000
YES
3
10,000
YES
4
3000
YES
5
2800
YES
6
2600
YES
7
2400
YES
8
2200
YES
9
2000
YES
10
1800
YES
11
1600
YES
12
1400
YES
13
1200
YES
14
1000
YES
15
800
YES
16
600
YES
17
400
YES
18
200
YES
32 others totalling
1600
NO
Total votes received
169,000



In a 50 seat parliament, each parliamentarian on average will represent 10,800 voters.
This 5% threshold of 540,000 votes) works out to a massive 27,000 votes or almost three times the average received by parliamentarians in general.

Hypothetical results in the 2014 Elections
Let us suppose that the five political parties (FFP, SODELPA, FLP, NFP, PDP) and 3 Independents receive the following votes (you can allocate whatever actual Party name you wish to A, B,C, D and E).

But according to the Decree Section 104 (3)
“The Electoral Commission must then disregard any total number of votes received under the name of any political party or any independent candidate that has not received a total that is at least 5% of the total number of votes received by all the political parties and independent candidates.”

I have shaded in yellow those who do not make the 5% threshold of 27,000 votes.

i.e. Party E and the Independents 2 and 3 are OUT and will not be in Parliament.

So all their votes are wasted.

Independent 1 is elected with certainty (but with 30,000 votes).

The votes of Party E and all the Independents are excluded, in calculating the numbers of candidates from the political parties A, B, C and D, eligible to go into Parliament.

Hence 49 parliamentary seats have to be allocated to Parties A, B, C and D. and strictly in proportion to the votes they have received.

Table C gives in

Column (3) the exact proportions of the total votes received by Parties A, B, C and D

Column (4) gives the exact number of parliamentarians they are entitled to (including the fractions)

Column (5) gives the numbers rounded up, so as to add up to 49 exactly.

[The more accurate method is to keep giving whole numbers to the parties with the largest fractions until you get 49: i.e you would start with Party B which was entitled to 19.97, round it up to 20, then Party D (round 5.94 up to with 6) then Party C (round 4.86 up to 5). By that time you will already have 49, and so Party A does not an extra parliamentarian for the fraction 0.24]

When you add the 1 Independent, you get a total of 50 required for the parliament.

Lesson 1: Parties need to be prepared for a “hung” parliament
In the particular arithmetic example I have given above (Table C), the outcome is a “hung parliament” with no Party receiving a majority of 26 out of 50.

With the five parties (FFP, SODELPA, FLP, NFP, PDP) contesting, this may well be the likely outcome.

For fun, readers can try various coalitions post-election, which would give a minimum of 26. Even the one Independent or the small parties might become “king-makers”: eg B, C and the Independent.

But there are many other lessons that parties, candidates and voters need to consider.

How are individual parliamentarians chosen?
Because this is an “Open List” system, whatever the original List provided by the contesting parties, their candidates will be ranked by the numbers of votes they receive. (not the party ranking)

Thus, if Party A is entitled to 18 seats in Parliament, then the first 18 in order of votes received will be selected.

The remain 32 candidates will not be selected (assuming that each party puts up 50 candidates).

This Open List system has the undeniable advantage that really unpopular candidates are not going to get into parliament just because they have joined a popular party. But they could still get in, if their other colleagues are equally unpopular.

If voters decide to vote only for “The Leader”, then some of the minor candidates may not get enough votes to make it to the top of the List (see Table E below).

Parties will have to agree with their candidate where they should campaign in order to win not just maximum votes for their party, but also for themselves as individuals.

Many candidates will want to campaign only in the populous areas where there are large numbers of voters, or where they feel they have the best chance.

Few will want to campaign in widespread areas where the numbers of voters are small, and the costs of campaigning will be high.

Lesson 2:     Not only will each Party be competing against other parties, but candidates within each party will also be competing against each other.

Lesson 3:     Some candidates will have to “sacrifice” their own chances of being elected, in order to campaign in remote less densely populated areas, in order to win maximum votes for their parties, even if they themselves do not win.


The impact of the 5% threshold
Table E shows very clearly, why the system is stacked against small parties and Independents (shown in green), because of the 5% threshold clauses in the Decree.

In the whole parliament, each of the 50 parliamentarians represent some 10,800 voters (last row and last column).

But Parties A, B, C and D roughly get 1 seat for every 9,200 votes they receive (last column).

In contrast, Party E with 25,000 votes does not get a single seat although in a strict proportional system they would have been entitled to at least 2 seats.

Neither do Independent 2 (with 20,000 votes) or Independent 3 (with 11,000 votes) get elected, even though they have got more than the averages for the other parties.

Independent 1, who gets elected with 30,000 votes, had more than three times the average for those elected from the parties.

In the example above, all the votes for Party E and Independents 2 and 3 are totally wasted.

Even Independent 1 who gets elected (but with 30,000 votes) is wasting the votes of some 20,000 or two thirds of his/her supporters.

Had these 30,000 votes gone to any party, they would have elected 3 parliamentarians.

Effectively, their loss will be gained by the larger parties.

If the ultimate objective of candidates is to get into parliament and affect government policy, either as part of government or as Opposition, then Independents and small parties would be strongly advised to negotiate with the larger parties to obtain agreement on common manifestoes, and join them rather than going on their own.

An Independent joining a large party with the support of 30,000 voters, would take 2 other parliamentarians with him or her, to vote for his/her manifesto.

Lesson 4:    This system is biased against small parties and Independents: they should consider joining like-minded large parties with similar manifesto objectives.

Lesson 5:    Voters must understand that at least two thirds of their votes for Independents will be wasted, even if their candidate is successful. All their votes will be wasted if the Independent does not get the minimum of 27,000. Votes.

Lesson 6:    Votes for large parties will not be wasted, even if the candidate voted for does not get elected. Even these votes are amalgamated for the Party and counted towards the Party share.


How many votes will “successful” party parliamentarians get?
Suppose that Party A is led by a nationally popular Leader and the total votes received (169,000) entitles Party A to receive 18 seats in Parliament (as in my example above).

All the candidates of Party A will be ranked in order, by the number of votes received, going down from The Great Leader down to Candidate 50 (as in Table E).

In the example here, out of the 169,000 votes going to Party A, The Leader has received 118,400 votes, Candidate 2 has received 15,000, Candidate 3 has received 10,000 votes.

The other 15 who get elected to Parliament received less than 3,000 votes each, going to the 18th parliamentarian, who has got only 200 votes but is elected.

These fifteen (plus the first three) are all elected under the Party’s quota of 18 seats in Parliament, largely because of the large number of votes garnered by the Leader. (Note: this weakness would apply equally to a “Closed List” system).

But the fact remains that the Electoral Decree, disqualifies Independents and candidates for all small Parties who receive less than the 5% threshold (less than around 27,000) even if they receive far more than those elected under the umbrella of Party votes.

In the example below, 17 out of the first 18 would not have been elected as Independents.

Lesson 7:    Under this Electoral Decree, the claim of “one person-one vote-equal value” has little value for those who vote for Independents and small parties which end up not receiving the minimum threshold of 5% of votes cast (roughly 27,000 votes).


Women are unlikely to be represented fairly
Under the Closed List system (which most Parties had advocated to the Ghai Commission), women could have had a reasonable chance of being placed at the top of the different Party Lists and hence automatically elected, as part of their party quota.

But with the Open List system, women are back to the same situation they had with previous elections.

Given the harsh campaigning requirements, and the unwillingness of voters (both men and women) to vote for women candidates, good women candidates are unlikely to stand, and if they do, unlikely to be elected in reasonable numbers.

The one saving grace with the one national constituency is that good women candidates (as with good men candidates) will be able to appeal to all voters in Fiji and accumulate reasonable numbers of votes.

Lesson 8:    Women candidates, in addition to espousing their good party policies, need to appeal especially to women voters (who comprise 50% of all voters), to vote for good women candidates, whose policies they agree with.