Ross McDonald’s email to Kodagoda 28/7/11

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This is a copy of Ross McDonald’s excellent email to Kogagoda of FNPF, it is well worth taking the time to read it all.

Dear Mr Kodagoda & Associates
Further to my earlier emails concerning FNPF pension reforms I refer you to the newspaper advertisement placed in the Fiji Times on 16 July 2011.   This has inaccuracies and simply causes further confusion that leads to further questions being asked on just what FNPF is deciding with these reforms and is the very cause of undermining, misinterpreting and spreading of false information that you are so vigorously objecting to.   These are just some points that need mentioning. There are many others that I will raise in later emails.

The good, the bad, the ugly and the sad
It is gratifying to read that 9,627 pensioners are not going to have their pension reduced.  This is the good news.   The bad news is there are 1,209 pensioners who are going to have their pensions reduced.   And the ugly news is you won’t tell us 1209 pensioners what you intend to do, and the sad news is, you seemingly just don’t care.

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Human Rights in Fiji’s Laws 1970-2011: Problems and Prospects By Dr Shaista Shameem

1.0       Background to human rights laws in Fiji: the St Julian connection

The very first Constitutions of Fiji (commonly known as King Cakobau Constitutions) contained in them a set of human rights principles modeled on the French and American Constitutions. The far-sighted person apparently responsible for placing core rights principles in these Constitutions was an individual by the name of Charles James Herbert de Courcy St Julian (1819-1874), a journalist (with many other talents) who was in 1872 appointed the first Chief Justice and Chancellor of the Kingdom of Fiji. Interestingly, St Julian was recommended for a pension of 600 pounds by Sir Hercules Robinson but he died in November 1874, apparently before he could collect it.

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Truth and Justice

To Grey Power Editor

During the past week the AG has (on Australia Broadcasting Pacific Beat) accused the pensioners who are fighting to have their long standing legal pension contracts honoured by the FNPF, as doing so for political reasons, which is clearly utter nonsense.

To compound the error the FNPF CEO in a National broadcast stated the only people objecting to pension reforms were wealthy business people who had withdrawn more money than they deposited. The simple fact is that regardless of the total equity an individual has in the fund, if he or she signed for a pension at 25% and lived in excess of four years, they would have withdrawn more than they deposited.  However Aisake Taito has failed to state that the equity of any person who signed to accept a pension but died within the first four years was kept by the fund and not the members beneficiaries.

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U.N. Rights of the Elderly Links ~ We are Not Alone

The following Links relate to United Nations Reports on the rights of the elderly, and are easily accessible by clicking on the Link of choice:

1.       http://www.unfpa.org/public/News/pid/147

2.       http://www.un.org/apps/news/story.asp?NewsID=34916&Cr=elderly&Cr1

3.       http://www.unpost.org/?p=6788

4.       http://www.un.org/en/events/olderpersonsday/sgmessages.shtml

5.       http://www.un.org/en/events/olderpersonsday/background.shtml

6.       http://www.un.org/esa/socdev/media/articles/artapr07.html

7.       http://www.un.org/News/Press/docs/2009/sgsm12500.doc.htm

8.       http://www.un.org/News/Press/docs/2009/note6219.doc.htm

9.       http://www.un.org/ageing/documents/ga_resolutions/A-C3-65-L8-Rev1.pdf

10.   http://social.un.org/index/Ageing/Resources/MadridInternationalPlanofActiononAgeing.aspx

11.   http://social.un.org/ageing-working-group/documents/chairmans%20-%205%20May.pdf

12.   http://www.un.org/ageing/whatsnew%20PDF/Ageing%20Comprehensive%20report%202010%202%20September.pdf

13.   http://social.un.org/ageing-working-group/unohchr.shtml

14.   http://social.un.org/ageing-working-group/index.shtml

15.   http://social.un.org/index/Ageing/NewsandUpcomingEvents.aspx

16.   http://www.unac.org/iyop/unquest.html

17.   http://www2.ohchr.org/english/law/pdf/olderpersons.pdf

Radio Australia: Pacific Beat Stories

The following news stories are from ABC Australia Pacific beat, just click the links for the transcripts:

Radio Australia:Pacific Beat:Story:Fiji employers join calls for independent review of pension fund

Presenter: Jemima Garrett, Pacific Business and Economic reporter
Speaker: Prue Rouse, Managing Director of Sigma Security and vice President of Fiji Crime Stoppers International

http://www.radioaustralia.net.au/pacbeat/stories/201107/s3273010.htm


Radio Australia:Pacific Beat:Story:Fiji govt tries to have court strike out pension cut challenge

Presenter: Jemima Garrett. Speaker: Dr Shaista Shameem, Principal of Shameem law in Suva. … Dr Shaista Shameem is Mr Burness’ lawyer. SHAMEEM: They both made vigorous applications before the court to have the matter struck out on procedural grounds, and my response was on human

http://www.radioaustralia.net.au/pacbeat/stories/201107/s3261757.htm

Radio Australia:Pacific Beat:Story:Fiji pensioners threaten to sue PM and NPF Board members

This morning the pensioners legal counsel, Dr Shaista Shameem, wrote to interim Prime Minister Bainimarama and to FNPF Board members warning them appointment of the Board members took place outside the … law. Presenter: Jemima Garrett, Pacific Economic and Business reporter. Speaker: Dr Shaista Shameem, Principal ShameemLaw and legal counsel to Fiji’s pensioners.

http://www.radioaustralia.net.au/pacbeat/stories/201107/s3277515.htm

Radio Australia:Pacific Beat:Story:Pensioner’s urgent legal action tests independence of Fiji courts

Presenter: Jemima Garrett. Speaker: Dr Shaista Shameem, Principal of the Suva law firm,Shameem Law. … SHAMEEM: The proposed cuts will affect him quite drastically because at the age of 75 he is not likely to re-enter employment and he relies on his pension a great deal.

http://www.radioaustralia.net.au/pacbeat/stories/201106/s3255876.htm

‘laughable’ since he does not have that power’:AG

 AG’s statement on Pacific Beat that asking the President of Fiji to appoint a Commission of Inquiry is ‘laughable’ since he does not have that power’:

Grey Power Response:

The rights of the elderly of Fiji were protected by the 1997 Constitution. If there is presidential power to abrogate the Constitution, then surely there must be a presidential power to establish a Commission of Inquiry in the national interest, since appointing a Commission of Inquiry is a ‘prerogative’ power used for the public good.

Fiji AG says Aust-NZ travel bans affect pension fund

Fiji’s interim Attorney-General, Aiyaz Sayed-Kaiyum, says travel bans by Australia and New Zealand on members of Fiji’s post-coup regime are hampering efforts to bring more expertise onto the Board of Fiji’s troubled pension fund.

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Grey Power’s response to AG’s statement 29/7/11

The following is our response to the Government considering whether it will apply for strike out of the court action of FNPF pensioner David Burness in its entirety. as reported on Fijivillage.

Grey Power’s response to AG’s statement 29/7/11

Fiji pensioners are not in the least bit concerned with the AG’s statement to the media that ‘Government will consider whether it will apply for a strike out action of FNPF pensioner David Burness in its entirety’.

Grey Power’s lawyer, Dr Shaista Shameem, says Government will have to make a proper strike out application, by following formal procedures for strike out, which it failed to do on the last occasion, which is why its feeble attempt to strike out the Burness application in the first instance was thrown out by the Court.

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