Go Fiji Go

HK7Osea Kolinisau King for a Day

Osea Kolinisau turned hero after he scored a hat trick of tries to help Fiji secure their 14th Hong Kong title in one of the greatest comeback victory in the history of the tournament and to make two in a row in Hong Kong after they beat Wales 26-19 in the final.

Dr Shaista Shameem’s suggestion to Fiji’s Prime Minister, and Government

SS2Given the published reactions to the Government’s draft Constitution 2013, it would be sensible to hold the promised Constituent Assembly in the terms that were decreed by your Government initially.

While it may be correct that not all political parties have been registered, for various reasons as you pointed out in your address to the nation on March 21, the Constituent Assembly does not have to include individuals who represent only political parties; it could instead include their opinion-shapers and policy makers, and others in the body politic in Fiji, for example religious leaders. Everyone should be part of a publicized discussion on what the next Constitution of Fiji should look like, including people whose views we do not like or who have, in the past, expressed objectionable opinions based on race, gender or any other kind of prejudice.

For the Constituent Assembly, the Government’s 2013 Constitution can be the main document on the table for discussion but people should not be prevented from debating aspects of Fiji’s previous constitutions if they are relevant to the Government’s draft Constitution.

Such a Constituent Assembly should comprise individuals and representatives who sent their names to your Permanent Secretary on or before the deadline of 30th December 2012, as stipulated.

This process would allow members of the Assembly to (i) fix up the weaknesses in the drafting of your Constitution 2013 and (ii) debate issues intelligently with each other, with a view to the national interest, and make recommendations to the Government on what the new Fijian Constitution should be, in light of the Preamble of the current draft which states…”We the People of Fiji…hereby establish this Constitution for the Republic of Fiji”. How can people respect the next constitution of Fiji if they feel they have not actually been given the opportunity to ‘establish this Constitution of Fiji’ as the Preamble says?

In order to make it inclusive for everyone, the Assembly’s proceedings should be transmitted live to the public via the media.

Whether or not any political parties have been correctly or legitimately registered should not detract the Government from the very important fact that the 2013 Constitution will represent the ‘social contract’ between the people and the Republic of Fiji. As in any legal contract the two parties to it should have an equal say in the clauses that are to be included in this very important basic law document so that it can be sustainable for generations to come.

Dr Shaista Shameem

The Bainimarama/Khaiyum Constitution (ADACIP)

Prof WNThe Bainimarama/Khaiyum Constitution (ADACIP)Professor Wadan Narsey 22 March 2012

The Bainimarama/Khaiyum Constitution (BKC) is the final stage of a  “successful” coup.

If elections are held in 2014 and an elected Government comes into place, the international community may be relieved to see  a cosmetic end to the most painful chapter in Fiji’s modern history.

But we need to remember, the Bainimarama Regime has never abided by 

* any Constitution or any Oath of Office that any of them have ever taken, 

* any promise or commitment made to Fiji or the international community, or

* any ruling by the judiciary which goes against them.

In 2006, Bainimarama and the RFMF, removed the constitutionally elected prime minister and made himself Prime Minister.

He promised elections by 2009 but broke that promise and has now ruled for more than six years.  

The Regime’s Charter, allegedly approved by three quarters of Fiji’s adults, stated the 1997 Constitution would be supreme, but when the Appeal Court judgment went against them in 2009, Bainimarama abrogated the 1997 Constitution.

In 2011, the Regime appointed its own Ghai Constitution Commission (stacked with Regime supporters) to consult widely and write a Constitution which abided by all the Regime’s non-negotiable principles (which they did) AND which would be vetted by the Constituent Assembly AND the Chief Justice’s Tribunal.

But with Ghai Draft not completely to the Regime’s liking, both the Commission and the Draft Constitution, were flippantly trashed.

I wrote then (http://narseyonfiji.wordpress.com/2013/01/14/trashing-the-ghai-constitution-the-positives-14-january-2013/

Over the next six months, meticulous comparisons between the Regime’s Constitution and the Ghai Draft Constitution- what exactly is changed, added and left out – will reveal more facts to Fiji and the world, about the Regime’s “real Roadmap”.

I also noted that Fiji people could  

“watch with deep interest (and remember) who exactly are the “people’s representatives” who will turn up to rubber-stamp the Military Regime’s Constitution. There is a definitely a new ball game in town.”

Well, no need for Fiji people to tire their eyes any further: the Regime has moved the goal-posts again, and there won’t be any Constituent Assembly.

Why not?  Bainimarama alleges the political parties were fiddling their registrations (and the sun was shining).  Right.

Bainimarama has decreed: “You, the people of Fiji” will now be the Constituent Assembly.  Right. 

So the people of Fiji can personally write or talk to the Regime (with their names, addresses, phone numbers etc.) and the Regime will take on board your comments.  Right. 

Bainimarama promises “we will finalize the Constitution to have it ready for implementation no later than the 12th of April this year”.

So even the pliant President won’t be required to assent to the Constitution, but “We”?   Right.

There is a new ball game in town and the Baimarama/Khaiyum Team is winning.

As the purchase and arrival of the Airbus shows, it is incredibly easy for Regime spin doctors to get Fiji’s population people to sing and dance, cry with pride at being a Fijian and “owning” their own airplane (even if it is on mortgage, and the only difference is the new colors inside and outside the plane).

Out of sight and out of mind are Fiji’s

* lost billion dollars of income over the last six years

* increasing mountains of public debt

* creaking and leaking FNPF pension fund

* mounting unemployment

* falling real incomes (except for the military), 

* increasing poverty

* record rates of suicides and attempted suicides, and

* unbelievably sordid violence against women, children and even babies.

Our people, no doubt orchestrated again by the Fiji Sun and Fiji Broadcasting Corporation, will soon sing and dance over the new Constitution, promising racial equality, with one man, one vote. Right.

The rest here, is merely for the record.

What’s different in the BKC? Continue reading

Dr. Shaista Shameem comments on Fiji 2013 Draft Constitution

Shaista Shameem

Constitutional lawyer Dr Shaista Shameem’s initial comments on the draft Fiji Constitution 2013 released to the public by the Prime Minister Commodore Baninimara on 21 March 2013.
The draft 2013 Fiji Constitution released yesterday (March 21) by the Prime Minister is, undoubtedly, marginally an improvement on the Yash Ghai draft constitution. The Yash Ghai constitution had proposed an election of the Head of State by an undemocratic body, the National People’s Assembly – a body which would have become more significant than even the elected parliament in Fiji.
 
However, to its credit, the government’s draft constitution 2013 retains the solid Bill of Rights chapter from the 1997 Constitution and adds other protections now reflected in international law such as children’s rights, rights of people with disabilities, and economic and social rights which are all justiciable (this means an application can be made directly to the High Court or to the Human Rights and Anti-discrimination Commission for redress in case of any breach).
 
I also approve of the election of the President by a Parliamentary College as being consistent with my views and submissions made to the Yash Ghai commission that the President of Fiji should  be elected.
 
But there are also some significant changes in this new draft, which, due to the demise of the plan to put before a Constituent Assembly as promised, will not now properly be aired in public discussion and debate which is itself part of the process of ‘we the people adopting this constitution as our own’.
 
The changes are as follows:
 
(i) The President’s power has been whittled down to next to nothing. The current President has effectively been given his letter of termination since section 84 of the draft states not only that a President will have, at the most, a 6-year term, but that any period of occupying that office prior to the commencement of the new Constitution will be taken into consideration in the next appointment.
 
(ii) The President has no power now over the military; the Prime Minister will be Commander-in-Chief of the RFMF. This is inconsistent with section 130 of the Constitution which gives the military the righ to look after all the people of Fiji. This has implications for security and safety of the people (for example) if an event like that of 2000, when the Prime Minister and his government were held hostage by Speight, take place again. The Commander of the RFMF in the government’s draft constitution has no power other than to appoint and remove persons from the RFMF, and for discipline. So what does section 130 (2) actually mean? That section is a dead letter.
 
(iii) The President cannot refuse his or her assent to any bill; if a bill is presented to the President by parliament, he or she must assent to it within 7 days. Otherwise the bill becomes law anyway.
 
(iv) The chapter on the Judiciary has a number of clauses that do not fit correctly in that chapter- for example the Fiji Independent Commission Against Corruption appears in that chapter, through it is an investigative body and not a judicial one. Clearly the drafters do not understand the principle of separation of powers which is the heart of constitutional law.
 
(v) There are no independent commissions in the draft constitution. The Human Rights and Anti-discrimination Commission is one of the few commissions specifically mentioned but how the appointment of persons to the Human Rights Commission or other commissions will be made is a big gap in the draft constitution- where are the checks and balances in the appointment of persons to public office?
 
(vi) As for the chapter on Parliament; the question is, if there are no political parties registered so far, is parliament going to be just a group of independents? The Prime Minister should come clean on how many political parties were properly registered at the deadline.
 
The draft constitution of the government was clearly done in a rush.
 
 
Dr Shaista Shameem is a constitutional and human rights lawyer. She represented David Burness and others in the human rights case of Burness v the State and the Fiji National Provident Fund in 2011.

Lasting Legacy

FBStudents of Ba Methodist High School, villagers of Nailaga and nearby areas will now have access to the internet free of charge.

This comes after Prime Minister Commodore Voreqe Bainimarama opened the new telecentre at Ba Methodist High School today.

Comment:
This and other access centres where the government has made the internet accessible to students will prove to be Prime Minister Commodore Voreqe Bainimarama’s most enduring legacy. No other Prime Minister or politician in Fiji has had the foresight to do this.

Prime Minister Commodore Voreqe Bainimarama by his actions has made the libraries and research of the world available to all the students.

It is to be hoped that the gaming facilites will be blocked by the centres, not only for the students, but the people using them after school hours.

Can the numbers Balance?

Fat Dave-Pflieger-s2Outgoing Managing Director and CEO of Air Pacific Dave Pflieger said he cannot reveal the loan repayment agreement and details on the interest rates in relation to the loan taken from European banks to pay for the purchase of the three new A330s.

When asked in a conference, Pflieger said while many are raising issues about the loans, he said it is an amazing business plan to purchase the brand new planes to invest in the country.

The catalogue price for the new planes is US$200 million each and as revealed in 2011, the Fiji National Provident Fund gave Air Pacific a loan of $200 million which was the initial funding for the purchase of the three wide body planes. 

85 percent of the loan to purchase the planes has come from offshore banks.

When asked on the repayment plan on the huge loan, Pflieger said Air Pacific which will soon be Fiji Airways is now doing well financially and he expects it to deliver profits to pay off the loans.

Air Pacific, in which the Fiji public have a 51% interest, and the Fiji Provident Fund Members have a huge investment has not produced an annual report with a full set of audited accounts for the public to view since Fast Talking High Flying Dave was appointed to run our Airline, so why would he divulge anything now.

Perhaps the Chairman of Air Pacific who is a qualified and reputable accountant, should be asked to explain. 

The question is, how bad is it really and how long can the government of the day keep the truth hidden ?