Home » Bainamarama » YASH GHAI STUMBLES: Fiji Constitutional Review at Crisis Point – CFDFiji.org

YASH GHAI STUMBLES: Fiji Constitutional Review at Crisis Point – CFDFiji.org

The Council for a Democratic Fiji has the highest respect for the intellectual brilliance and integrity of the Chairman of the Fiji Constitutional Review Commission, Yash Ghai.

Notwithstanding this, however, the Council is constrained now to make known its belief that the work carried out by him in Fiji has run into a blind alley, and that he ought to have anticipated that this would happen.

Yash Ghai: Having second thoughts.

For the current regime, the making available by himself of Yash Ghai was indeed a major coup – to use that word colloquially. Here was an internationally respected figure who could give the regime’s Constitutional ambitions and processes a clear appearance of being pursued in good faith, notwithstanding the reality of the situation in Fiji.

For Yash Ghai, however, his acceptance of the role of Chairman has in the Council’s submission now resulted in him being placed in an impossible situation potentially prejudicial to his good
name and reputation.

The Council wrote to Yash Ghai at the time of his acceptance of the Chairmanship warning him regarding the true intentions of the Fiji regime, but to no avail. The fruits of his acceptance of the
Chairmanship are however now emerging.

There are two matters upon which the Council would focus, namely the minimal numbers of those coming forward to make submissions, already noted by Yash Ghai himself, and the issue of  the stipulation by the alleged Attorney General that a priority in drafting the new Constitution should be for amnesty for those participating in coups- such as the alleged Attorney General
himself.

As to numbers coming forward, Yash Ghai has very correctly stated his view that many will not come forward because of fear, and he is now going back to the head of the Army and alleged Prime Minister to seek assurances in this regard.

With respect, Yash Ghai should have anticipated this major problem well before he accepted the post of Chairman. He is very familiar with Fiji and has been engaged by the regime previously.

Amnesty International has been very critical of the regime.

 

The truth is, and has been since 2006, that Fiji is under a reign of terror. It is not so dramatic and visible as, for example in the case of Syria, but it is a reign of terror nonetheless. That reign of terror is not expressed simply in terms of the innumerable repressive and draconian decrees imposed by the alleged Attorney General since 2006, immunising the Army and alleged Government from scrutiny or challenge, and destroying basic human rights. It is also a de facto state of affairs which needs no written law to support it .

The Law Society of the UK has condemned the regime.

The factual absence of the Rule of Law and lack of independence of the judiciary is but one aspect of this issue. The unpunished beatings, rapes and killings perpetrated by the regime, the tapping of all communications, the omnipresence of spies and quislings to monitor the public are other aspects. Basically the Army can and does do whatever it wants without let or hindrance. The regime is, as the Australian Foreign Minister recently pointed out militarised and there is no prospect of return to barracks. The entire population is muzzled.

The above factors show why the Fiji ‘popularity’ survey done last year and purporting to show popular support for the regime was a farce. The public whom Yash Ghai wishes to hear from is very aware of this and that the regime cannot and will not tolerate dissent or expression of dissenting views. How then does he expectit to co-operate with him?

Human rights abuses and politically motivated intimidation continues.

It is the Head of the Army and alleged Prime Minister who has been orchestrating the abuses mentioned. What point is there then in seeking any assurance from him? His credibility as per past broken promises is zero. He himself has even personally assaulted women prisoners and stated that those who disagree with him ought to be taken up to the Army barracks. What person is this for Yash Ghai to be dealing with?

No doubt, the alleged Prime Minister may utter whatever words he wishes to silence Yash Ghai’s concerns, but such will not be worth the breath with which they are spoken or the paper on which they are written. Like considerations apply to assurances by the alleged Attorney General, Foreign Minister or other agents of the regime.

Submitters to the Review will know full well that the Regime will find out the fact and nature of their submissions and react accordingly – if not now, in the future, after the glow of the Review has died and Yash Ghai is no longer around to complain. In this regard, the practice of the regime in harassing the relations of those whom it dislikes would no doubt be continued.

Even if there is now a temporary lull in harassment, such is a chimera. The regime will tighten the cords of strangulation of free speech whenever it pleases. There are of course some whose submissions the regime would embrace, such as those of Akuila Yabaki. The reasons for such attitude are clear. They are admirers of the regime.

Turning to the issue of amnesty, the alleged Attorney General seeks priority for insertion of same into the Constitution. This is small wonder because he himself has committed the capital offence of treason and has endorsed the malpractices of the alleged Prime Minister.

The request is of course outrageous and any amnesty even if inserted into an alleged new Constitution would have no validity. Any truly democratic Government taking power in the future would no doubt incarcerate the alleged Attorney General for a long time.

The Council is of the view that the above occurrences have now placed Yash Ghai in an impossible situation, and respectfully calls upon him to relinquish his current role. Yash Ghai must now cease to lend credence to the charade of Review being played out by the Fiji regime, and of which he has inadvertently become a participant. This can only be achieved by his resignation as Chairman.

Ratu Tevita Uluilakeba Mara
Council for a Democratic Fiji
14th August 2012
Cfdfiji.org

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26 thoughts on “YASH GHAI STUMBLES: Fiji Constitutional Review at Crisis Point – CFDFiji.org

  1. Tevita what about your malpractices and inhumane treatment of Fijians?

    You are a fricken disgrace to your people and the Fijians at large for this reason you lack the fundamental constituent of being a men and that is to have the courage to face your nemesis.

    But instead your run away like a little dog with its tail between its legs so you see you ought to be the last person to to be voicing your opinion.

    How many civilians did you beat to a pulp with the assistance of your subordinates?

    Do you think it’s alright to come clean and apologise for your part in the beatings and subsequent deaths of civilians and all is forgiven?

    Where are you hiding your inverted testicles boy?

    Be a man boci.

  2. this write-up by CFDF captures quite succinctly the reality of military rule in fiji. there can be no denying the fact that the people of fiji are in a state of seize and the public consultations for the formulation of a new constitution is just a show thing to attract international support ( which the regime has succeeded in doing)but the people of fiji are not fooled by it. they live the reality of the military dictatorship. what’s odd is so many brilliant minds have been taken in by the bullshit from the military rulers.

  3. @ Sai

    “How many civilians did you beat to a pulp with the assistance of your subordinates?” Going by that idea, maybe you should ask your hero Frank – afterall, he is the Commander in Thief of the whole operation. Why did his order the murders of all the CRW Soldiers?

    Why does he continue to orcheastrate the killing, rape and assaults, while pretending to be a leader of our nation? No leader in Fiji’s history has ever had to resort to violence in the way he has.

    And as for your inane: “Do you think it’s alright to come clean and apologise for your part in the beatings and subsequent deaths of civilians and all is forgiven?”

    Didn’t RUM already admit his part and promise to be held accountable? Seriously, you must the memory of a goldfish.

    The only disgrace here is Yash Ghai’s folly in accepting his role in this farce.

  4. kite flyer.

    Run along child and go whistle through your grommet.

    How is this retard trust worthy in what he says?

    He like, you are lost souls.

    There is nothing succinct about this infantile commentary infact he is only espousing his craven being for idiots like you and your ilk.

    You know the ones with a rectosigmoid so big you can turn a bus around inside doesn’t this describes you and tevita.

  5. Radio Kaikoso.

    Boy, why are you so defensive? Did you write this crap for that craven a-hole?

    When are you going make the stand and be count among men instead of hiding behind that veil.

    The battle that you so cravenly fight for is lost.

    Move on son.

  6. The irony here Sai, is that you are always bleating about what a good job Frank is doing, yet the very things that you take very much for granted – your freedom of expression being one, are not available to those of us in Fiji. You should be a little ashamed of that fact.

  7. RUM have already said he will face the court once the rule of law is restored.
    Frank and cronies lamu now and asking for immunity already in the new constitution .
    Frank and cronies be a man and get ready for court soon .
    If LQ AND MPC are facing the court.
    why you cowards lamu to face the court.
    Treason sentence is life or death by hanging.
    Frank be a man and face the rule of law and court.coward.

  8. Radio.

    Son I find that very hard to believe because, just a matter of weeks ago I was in Fiji and it seems every person that I met were expressing themselves quite well,unless you mean expressing yourself in other ways than a common discourse.

    You do understand you are quite free to voice your opinion freely in regards to disparaging this regime as long as it’s done in a constructive manner.

    So what contract do you have with the civil service?

  9. @Ratu Sai
    it’a easy to call others cowards and to challenge opponents to be a man when you have a gun in your hand. your bravery and intellect have one source : the guns you are holding on the people of Fiji. you display in your comments the arrogance of power. remember that power you project invariably has only a limited time frame boy. what will become of you when that power is stripped off you boy? your time will come boy don’t doubt that for a second.

  10. Seems to be quite a few people putting their submissions forward and having their name put to them in the media.

    Unusual actions for supposedly oppresed and terrified people as some want to portray to the world ?

  11. @ Confused

    One man, in Tonga, who would be immediately killed or imprisoned if he returned to Fiji, does not make Fiji and free and open society.

    Most people, like Sai, only ever see a fleeting brief lunchtime view of Fiji – pretty beaches and sunshine.

    Most people in Fiji however have to live with the shambles of a regime that couldn’t organise a swim in a pool – never mind a government. So when this all started and everyone protested, they went around and LITERALLY assaulted people and made them shut up. This didn’t mean the corruption ceased – it just meant that no one is allowed to talk about it unless the regime wants to talk about it first – THEN it is okay.

    The only reason that there is a fair few, say 10 in Fiji alone, that are willing to put their names forward is because they are very brave and very public. The others get a visit in the barracks. Having said that, even the brave have to go to the barracks too: such as Mick Beddoes, Richard Naidu and Felix Anthony. All brave, intelligent and honest men, willing to tell it like it is. But the intimidation continues. Only last week the Dictator told the media “not to be naughty” and said that there were some others who would not be allowed in the elections… i.e. Everyone who disagrees with his being the PM.

  12. Radio Lairo.

    “Most people, like Sai, only ever see a fleeting brief lunchtime view of Fiji – pretty beaches and sunshine”

    Boy while I am domiciled in NZ it doesn’t mean that I am un-knowledgeable in the occurrences in Fiji infact I visit Fiji more often than I would your average person only because I have families and own properties there.

    Besides I think I know Fiji rather well considering I spend most winter months there shacked up with a one eyed Indian lady and a one legged native woman from Namosi.

    So son I am not one of your fleeting tourist

  13. There you go – I always wondered who this Ratu Sai was – presumably an Indo-Fijian with properties in New Zealand and Fiji – visiting Fiji to wipe the a*** of his pet dog Frankie Wankie. I wonder if he had declared his assets in Fiji to the NZ tax authorities

  14. rums fight is with guns and smoke in street of suv a and jungles of fiji not joining in on blogging done by others.

    rum is better to staywith his tongan mistress and enjoy lovo piglets every day free from noble family.

    rum is lamusona and no different to the despot who is cassava patch hero sulu high.

    rum is a stowaway to tonga go to fiji and fight prove you can give the life for democracy or else you a coward which you are.

    dont bark like a dog from tonga show some heroism

    what u waiting for junta to collapse from otheres fight and then bring u sorry ass to suva.

    what a coard-this no solder.

  15. RUM is smarter than Frank.
    Frank have his hit mans ready to kill any one who oppose him.
    Rum and Others democracy movement people are on his list.
    soon as they enter nadi airport .pick them up and take them to the army barrack and kill them.
    I have been advised by my brother in the MC .

  16. THE FIJI DESPOT FORM 4 FAIL IS NOW LIKE A FISH OUT OF THE POND HE IS JUMPING AROUND CANT TAKE THE HEAT OF DEMOCRACY COMING.

    SO NGOS ARE WASTETIME, SDL IS WASTE TIME, CHIEFS ARE WASTE TIME-SO DESPOT TELL THE WORLD ARE YOU THE CONSITUTIONAL COMMISION OR THE CONSITUENT ASSEMBLY?

    WHO WHO ELECTED THIS THUG WHO WANNA AMNESTY FROM THE 800000 PEOPLE POWER TO NO GO NABORO FOR LIFE.

    IMMIDIATE INVESTIGATION/TRIAL/GAIL OF THE DESPOT AND DOZEN JUNTA THUGS FOR TREASON/SEDITION/CORRUPTION/FRAUD/MURDER/ASSUALT/BRIBERY/EXTORTION.

    DESPOT CANT SHUT UP THE 800000 PEOPLE POWER.

    THE DESPOT IS ONLY ONE MAN THE PEOPLE ARE 800000.

    WHO WILL VOTE FOR THIS THUG. BRING THE ELECTION ON AND THEN SEE THE REAL POWER OF THE PEOPLE.

    CANNNA GAIL SDL/FLP LEADER PLOT-CANT KILL THE POLITICAL FORCE GETTA STRONGER NOW.

    DESZPOT CAN RUN IN CASSAVA PATCH AGAIN SULU HIGH CANT HIDE-JUSTICE WILL BE DONE.

    THIS ONE MAN COWARD IS INSIGNIFICANT TO THE 800000 PEOPLE POWER.

  17. CFDF Who???

    CFDF is made up of former coup supporters and even this te mara has blood on his hands, killing two fijians from naitasiri in kalabu.

    As commander of 3fir , he beat many coup opponents at the military barracks in 2006 and thereafter.

    His rise to the position in the military was solely due to his corrupt father, mara snr’s position as pm of fiji and later president

    He tried to con the whole world on his lost st sea episode, running away from justice and law in fiji.

    No one in fiji is interested to listen to his bull shit.

  18. Te Mara Who?

    The greatest conman fiji has seen?

    Son of a dictator who accumulated millions at the expense of poor fijians?

    Look at mara snr?

  19. @te mara who

    Look at Mara Snr?

    You are not even worth any response at all , all I’m going to say is go and ask you father and mother that question if you have one ! You were probably born out of the A-hole of one of Sai’s goats , then fell into cow manure that gave you brains !

    @Sai
    You blood thirsty idiot ! hasn’t even blood already been spilled already and lives lost (CRW) because of A#s swipe VB !
    Do you think Rums relatives in Lau,Nadroga and Rewa are going to stand by and do nothing if there is any chance his going to be hurt in anyway ?
    The best thing Rum did was to flee to Tonga and not turn Fiji into another Syria !
    If any of your relatives or people you knew died because of the past coup then you wouldn’t be so hasty for blood !

    Grow a brain to go with your over developed Balls

  20. This is the most vindictive and pernicious regime Fiji ever had. It would be suicidal for anyone stepping forward and openly criticizing Khaiyum and his thugs. A couple of weeks ago, Bainimarama has made it abundantly clear what will happen to those who want to hold the military accountable: They will be terminated. This was not a slip of a moron’s tongue, it was a loud and clear signal that the thugs are watching and consider themselves above the law, constitutional or otherwise. I have always wondered what motivated Ghai to take on this mission impossible. Was it the fat consultancy fee that he is charging? Was it his relationship with Khaiyum? Was it overconfidence in his own abilities? Whatever it was, the good professor will not be able to give credibility to a process that can only have one result: The establishment of Khaiyum and his thugs as the permanent rulers of Fiji. Dictators do not hand over power, they never have and they never will. Dictators are removed, either by mass uprisings (Gaddafi) or by foreign interventions (Saddam Husein). Now, what is it going to be in Fiji? The Australian and NZ governments have certainly no appetite for an intervention, to the contrary, they seem to move towards realpolitik and accept a regime that however unsavory it might be has yet to experience any resistance from the population it terrorizes. In other words, no foreign law professors or foreign forces will solve Fiji’s most fundamental problem: The existence of an overblown military, led by thugs who have nothing on their minds but their own interests.

  21. Immunity must be the prerogative of an august body and not a demand from the perpetrators. A solution to stop the coup for ever should be the most urgent and foremost task to undertake first before all other issues. Otherwise the coup cycle will continue when the next coupster will carry out a coup and then demand immunity for his crime. No ordinary constitution can stop future coup as this lot had shown.

  22. It’s too early to write off the Constitutional Commission. They are still taking submissions and listening to people. They are the ones who brought about the relaxing of emergency laws that stopped free speech. It wasn’t the Democracy Movement and especially wasn’t Ratu Tevita. When he was part of the Government did he call for free speech? Or did he obey orders stopping people from having free speech?

    Professor Yash Ghai is the best thing to happen to Fiji since the coup. He wants to make reforms that will improve things and appointing him is the best thing the Interim Government has done to make real reforms. We should judge them by the success of the Constitutional Commission and not condemn them before they’ve had a chance to do their job.

  23. @ Give peace a Chance

    I admire your sentiments, but don’t you think that the real criticism is really for the regime – I hope that Yash Ghai can do something constructive – but he really seems to be stuck between what he has to do and what the regime allows him to do.

    We have to make noise, we have to point out the truth because hopefully, if we continue to make noise, it will give Yash more reasons and public incentive to show the regime that they have to make changes – not just do what they WANT to do.

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