January 29, 2009

FICAC continues Clean Up rampage

It is almost as if FICAC have been given an ultimatum—churn them out or you will become like Robin Nair the now former interlocutor of the political forum, Rt Isoa Gavidi the now former Permanent Secretary for Foreign Affairs, and Rt Isoa Tikoca the now former High Commissioner to PNG.

FICAC or the Fiji Independent Commission Against Corruption is the illegally formed body tasked with weeding out corruption. One of its early appointment members, Mr. Mah Weng Kwai who is also President of LAWASIA quit shortly after he was appointed.

So churn them out they have and FICAC are working their socks off to justify their FJD$3mill budget corruption claims as part of the IIG’s self-righteous Clean Up Campaign. Conceivably we could be seeing more judicial activism propping these cases up soon.

At the top of the list we see Bainimarama’s eternal vendetta continuing against Qarase.

Those who have been hauled up to the Magistrates Court by FICAC recently are:

  1. Ousted PM, Laisenia Qarase
  2. Former Fiji rugby 7s team manager, Usaia Daunivalu
  3. PWD Hydrologist, Faga Solomone
  4. Fiji Audio Visual Commission boss, Taniela Bolea
  5. Former Native Land Trust Board general manager, Kalivati Bakani
  6. Former FNPF heads, Olota Rokovunisei & Foana Nemani
There sure seems to be much scurrying and flurrying from the IIG. Something else more defiant and downright uncouth is definitely on the cards.

The hints from a pro-IIG blog which shall remain nameless, seems loud and clear:

We will ensure that this action by the PIF is not unanswered. As soon as the grassroots people are back on their feet and their children are back at school, a strong response will no doubt be issued to ensure that our voice is heard and our decisions taken in response will be felt throughout the Pacific.

It sure smells to us like there’s gonna be some sweeping out of regional bodies before we get kicked out.

Let’s just watch to see if and/or how these pieces fall into place.

January 28, 2009

Our Constitution Needs Defending

While we applaud the recent PIF leaders hard-line stance against the IIG, just like Brij Lal we are not holding our breath. Bainimarama is after all military man. Have plan, will execute. Opponents will be crushed.

The fact of the matter is that Bainimarama needs to get rid of the constitution in order to make the changes that he wants. If he rids himself of the hassle of answering to the PIF while he's at it, he's sitting pretty.

Intelligentsiya has known for a long time that our Constitution is on its last legs. Many of you also know this to be true. How could it not be, when the IIG themselves have been saying so?

  • In March 2008, a Capt Suliasi Gukimaleya of the army’s Civil Affairs Department told civilians in Labasa about the junta's intentions.
  • In June 2008 Bainimarama said that scrapping it would be no big deal.
  • In July 2008 the FLP was applauding the Human Wrongs Rights Commission for an “independent” inquiry poking holes at the 2006 election results that poked more holes at the current electoral system and therefore the constitution.
  • In August 2008 Filipe Bole gave a convoluted statement about how the constitution could be changed but only with the consent of the people.
  • And of course it wouldn’t be a big deal for Bainimarama because he scrapped it once before during the 2000 coup.

But Fiji without a constitution translates to what he have now politically, and magnified a thousandfold. The Constitution is the legal guarantee of the upholding of our liberties as a People of Fiji.

The Constitution is the supreme law of the land. If you haven’t already familiarized yourselves with the document that keeps the country humming in accordance with law and order, do it today. You might not be able to enjoy the liberties they protect for very much longer.

The assault on media freedom is just the tip of the ice-berg. Next down the food chain is you. This is not scaremongering. It is the simple truth. Time will be our witness.

The fundamental nature of the Constitution is captured very humbly in its Preamble. Sadly we have never seen fit to inculcate a patriotic allegiance to our founding document in our schools. This may be why there is a limited appreciation about the significance of this document and what it safeguards for everyday people.

Perhaps the phobia of this document is heightened by an unfounded notion that it is the lawyers’ domain. It is not. It belongs to and protects teachers, taxi drivers, students, market vendors, fishermen, nurses, doctors, elders, housewives, farmers, retailers, civil servants, those trying to rebuild lives after the floods—all races—all creeds—all faiths—all genders—all ages. All of us. Even those in the military.

The Constitution was agreed by We The People of Fiji then that it would be the founding document for our nation. And so shall it be until We The People decide otherwise. Not Frank, not Chaudhry, not Qarase, not Pramod Rae, not Aiyaz, not Shaista, not Anthony Gates and definitely not Leweni, but We The People.

And We The People must defend the Constitution. Who else is going to do it? Not the IIG. Not the judges. Not the NGOs. Not the media. Not the politicians. Not the lawyers. We. The. People.

Read the preamble. Be inspired. Defend your Constitution.






SEEKING the blessing of God who has always watched over these islands:

RECALLING the events in our history that have made us what we are, especially the settlement of these islands by the ancestors of the indigenous Fijian and Rotuman people; the arrival of forebears of subsequent settlers, including Pacific Islanders, Europeans, Indians and Chinese; the conversion of the indigenous inhabitants of these islands from heathenism to Christianity through the power of the name of Jesus Christ; the enduring influence of Christianity in these islands and its contribution, along with that of other faiths, to the spiritual life of Fiji:

ACKNOWLEDGING our unique constitutional history:

(a) first, the Deed of Cession of 10 October 1874 when Ratu Seru Epenisa Cakobau, Tui Viti and Vunivalu, together with the High Chiefs of Fiji, signifying their loyalty and devotion to Her Most Gracious Majesty, Queen Victoria, and their acceptance of the divine guidance of God and the rule of law, ceded Fiji to Great Britain, which cession was followed in November 1879 by the cession to Great Britain of Rotuma by the Chiefs of Rotuma;

(b) secondly, our becoming an independent sovereign state when Her Majesty Queen Elizabeth II promulgated the Fiji Independence Order 1970 under which the Fiji Constitution of 1970 came into being;

(c) thirdly, the abrogation of that Constitution in 1987 by the Constitution Abrogation Decree 1987;

(d) fourthly, after a period of 3 years, the giving to Fiji of the 1990 Constitution by His Excellency the President, Ratu Sir Penaia Kanatabatu. Ganilau, Tui Cakau, GCMG, KCVO, KBE, DSO, KSt J, ED, with the blessings and approval of the Great Council of Chiefs;

(e) fifthly, the review of that Constitution undertaken under its provisions; and

(f) sixthly, the conferral by the High Chiefs of Fiji in their abundant wisdom of their blessings and approval on this Constitution:

RECOGNISING that the descendants of all those who chose to make their homes in these islands form our multicultural society:

AFFIRMING the contributions of all communities to the well-being of that society, and the rich variety of their faiths, traditions, languages and cultures:

TAKING PRIDE in our common citizenship and in the development of our economy and political institutions:

COMMITTING ourselves anew to living in harmony and unity, promoting social justice and the economic and social advancement of all communities, respecting their rights and interests and strengthening our institutions of government:

REAFFIRMING our recognition of the human rights and fundamental freedoms of all individuals and groups, safeguarded by adherence to the rule of law, and our respect for human dignity and for the importance of the family,

WITH GOD AS OUR WITNESS, GIVE OURSELVES THIS CONSTITUTION.

Obama administration weighs in on PIF decision

In case there was any doubt in anyone's mind that the Obama Presidency would not be in tune with what's going on in these parts, think again. The Obama administration has not missed a beat:

Bainimarama Has No Plan For Elections in Fiji
Press Statement

Robert Wood

Acting Spokesman

Washington, DC

January 27, 2009


The United States is extremely disappointed that Fiji’s self-appointed leader, Commodore Frank Bainimarama, refused to attend the Pacific Island Forum (PIF) conference of leaders in Port Moresby on January 27. The United States firmly supports the PIF’s statement that “More than two years of rule by an unelected military government, with no clear timetable for the return of constitutional government to the people, is not acceptable by international standards.” The United States strongly endorses the PIF position and urges Fiji’s interim government to move immediately to restore democracy and to hold free and fair elections by the end of this year.
2009/080

And the verdict is…

No Suspension. Only very tough Sanctions. And squirm-free actions to be undertaken by the IIG ASAP.

The PIF wants elections to be held in December 2009 and no undue processes contrary to the Constitution. Now that’s a verdict we can dance the jig to.

We thank you PIF Leaders for your leadership and wisdom. Until December 2009 or otherwise you are now Fiji’s stand-in Parliament and Opposition.

We can already see Bainimarama’s retaliatory sound-bites. And they've locked in the IIAG as being in some kind of agreement at the last para. That should be interesting. No doubt he'll be spinning a bloody good yarn about this.

Change is coming y'all but the PIF cannot do it alone.

Read On: http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/2009/forum-leaders-special-retreat-communique-on-fiji.html

PACIFIC ISLANDS FORUM
SPECIAL LEADERS’ RETREAT

Port Moresby, Papua New Guinea

27 January 2009

LEADERS’ DECISIONS

Heads of State and Government of Australia, the Cook Islands, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu; and representatives of Federated States of Micronesia, Fiji and Palau; met in Port Moresby, Papua New Guinea on 27 January 2009 to discuss the situation in Fiji. Leaders noted the apologies received from the Republic of the Marshall Islands for its inability to attend due to circumstances beyond its control.

2. Leaders expressed their thanks to the Government and people of Papua New Guinea for their warm hospitality and generous hosting of the meeting, and the excellent arrangements made for the Retreat.

3. Leaders:

(a) Reiterated the condemnation expressed by them in the Niue Communiqué of the failure of the Fiji Interim Government to demonstrate the necessary political will to fulfil the undertaking made to Forum Leaders in 2007 that it would hold parliamentary elections by March 2009;

(b) Noted and acknowledged the steps taken by the Fiji Interim Government towards re-engagement with the Forum since the Leaders’ Meeting in Niue, including the reconvening of the Forum-Fiji Joint Working Group, and the second visit of the Ministerial Contact Group; but expressed serious concern at the continuing lack of practical preparations for holding elections;

(c) Stated that more than two years of rule by an unelected military government, with no clear timetable for the return of constitutional government to the people, is not acceptable by international standards including those embraced by all Forum members and enshrined in the Biketawa Declaration, and emphasised the need to restore democracy without further delay;

(d) Reaffirmed that there are long-term issues that need to be addressed in Fiji, including through independent and inclusive political dialogue; but that such dialogue must be primarily focused on the holding of elections. The dialogue process should not be the cause for further delay in holding elections;

(e) Called on the Interim Government to take the following actions to demonstrate its commitment to the restoration of parliamentary democracy in Fiji:

(i) provide to Forum Leaders a new timetable agreed with all key political stakeholders, specifying in detail the agreed steps to elections and a return to democracy, and the timing for completing them, reflecting a consensus reached through a genuine, open, inclusive dialogue without threats, preconditions, ultimatums or predetermined outcomes;
(ii) make a clear commitment that any reforms agreed through political dialogue will be implemented in accordance with the Constitution and laws of Fiji;
(iii) undertake and sustain serious and credible election preparations, including allocation of necessary resources to the Office of the Supervisor of Elections, and the prompt preparation of the electoral roll; and
(iv) make a renewed commitment that the military will withdraw from civilian politics following such an election, return to barracks, and submit to the authority of the elected civilian government in accordance with the Constitution;

(f) Agreed, subject to progressing the actions specified at sub-paragraph (e) above, to positively consider providing prompt financial and technical assistance to the President’s Political Dialogue Forum; in recognition of the value of independent and inclusive dialogue as a long-term process to assist in resolving broader issues in Fiji. The specifics of such assistance would be determined in close consultation with the Commonwealth Secretariat and the United Nations;

(g) Reaffirmed the ongoing readiness of Forum members to continue to assist Fiji with preparations for an election, and called on the relevant authorities in Fiji to cooperate fully with Forum members and other donors to expedite such assistance;

(h) Agreed, in furtherance of Forum members’ collective commitment to the fundamental principles enshrined in the Biketawa Declaration, to the imposition of “targeted measures” under paragraph 2(iv) of the Biketawa Declaration in relation to Fiji to take effect unless:

(i) the Fiji Interim Government nominates an election date by 1 May 2009;
(ii) that election is held by the end of December 2009; and
(iii) the actions in paragraph (e) above are taken and publicly declared by 1 May 2009
.

(i) Agreed that such targeted measures will comprise the following:

(i) suspension of participation by the Leader, Ministers and officials of the Fiji Interim Government in all Forum meetings and events; and
(ii) ineligibility of the Fiji Interim Government to benefit from Forum regional cooperation initiatives, and new financial and technical assistance, other than assistance toward the restoration of democracy under the framework of the Biketawa Declaration;

(j) Agreed that the targeted measures, if imposed, will remain in place until such time as a democratically elected, civilian parliamentary government is restored in Fiji;

(k) Tasked the Ministerial Contact Group with continued monitoring of the Fiji situation, within the framework of Leaders’ decisions, including in relation to the assessment of the Fiji Interim Government’s compliance with sub-paragraph (e) above, and directed it to report further to Leaders as required and in any case before their 2009 annual meeting in Australia. Such reporting could, if necessary, recommend the partial relaxation of existing measures, or, alternatively, the adoption of further measures, which might include full suspension of Fiji’s membership in the Forum; and

(l) Called on the international community to support the measures outlined above by taking complementary actions to encourage the prompt restoration of elected constitutional government in Fiji.


4. Leaders considered that the timelines specified in these decisions are consistent with the position stated to Forum Leaders by the representative of the Fiji Interim Government on a timetable for the return to democracy.

Port Moresby,
Papua New Guinea

27 January 2009