STATEMENT No 21: SODELPA’S POSITION ON MATTERS MISREPRESENTED BY THE MEDIA

STATEMENT No 21:    

SODELPA’S POSITION ON MATTERS MISREPRESENTED BY THE MEDIA

 August 22 2014

Over the past few weeks certain sections of the media have set their sights on SODELPA through a number of issues. Those concerned have mounted a relentless effort to portray us as something other than a political party with sound values and principles. This is pro-regime propaganda.

It is quite extraordinary that the same media have nothing to say about the usurpers of our democracy, the draconian decrees they have in place, the plight of the 13 families [now 14 with the death of the robbery suspect while in Police custody], whose loved ones were killed, or the numerous citizens whose rights have been abused, with many of them subjected to beatings and other forms of torture, torment and persecution.

SODELPA will seek answers from these aiders and abettors of treason after the elections, but for now, I wish to state our position on the various issues that the media have, in our view, deliberately misconstrued.

1. Christian State

The SODELPA constitution and Manifesto do not call for a Christian State. What we say is that as a government, we will conduct ourselves based on Christian principles and values. These are values shared by all the world’s great religions. We are commanded to love our neighbors and do to others as we would have them do to us. We are required to forgive and to be merciful. We must care for the poor, the sick, the homeless, the forgotten and those in need. We must seek truth and social justice. These are the principles and values by which we shall govern.

We continuously stress that all religious groups in Fiji are free to practice their faith and beliefs without any fear or intimidation or threat from a SODELPA-led government.

The fact that SODELPA is committed to Christian values and principles makes our party more sensitive to the importance of respecting the values and principles of all other religions in the country.

This is in line with SODELPA’s vision of a Fiji that draws its strength from the rich variety of traditions, languages and cultures of its communities.

The alternative vision of a Fiji devoid of its cultural richness and diversity would give us a country that would be a pale imitation of the Fiji we know and love.

2. Common Name

SODELPA does not recognize or accept that two unelected people, who seized power through armed intervention, have the authority to decide arbitrarily that citizens of Fiji are called Fijians.International conventions and declarations of the rights of indigenous peoples stress the importance of prior consultation and consent on the use of their names as their identity. Article 19 of the UNDRIP (UN Declaration on the Rights of Indigenous Peoples) says quote

‘States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them’.

Again we stress that the indigenous Fijians do not recognize the right of unelected individuals to take away their established identity and give them another like iTaukei.

The indigenous people have, for well over a century, been commonly known as Fijians; that name now is part of their tradition and culture. SODELPA will retain it for the indigenous community.

The issue of a common name for all will be addressed by SODELPA once a democratic, transparent and accountable government is established after September 17^th 2014. We will initiate a national conversation among all communities in Fiji to establish a common name that does not divide us but creates a sense of unity and patriotism.

It will not be an imposed decision.

3. Indigenous Rights

SODELPA’s position on the indigenous people of Fiji is in keeping with established conventions of the ILO 169 & UN Declarations on the Rights of Indigenous Peoples (UNDRIP). We are guided by these international instruments.

A SODELPA Government will adopt UNDRIP Articles that ensure:-

1. Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.
2. Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.
3. Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
4. Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
5. Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
6. Every indigenous individual has the right to a nationality.
7. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
8. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture:-
9. States shall provide effective mechanisms for prevention of, and redress for:
10. Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their
11. cultural values or ethnic identities;
12. Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
13. Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
14. Any form of forced assimilation or integration;

4. Fair Distribution of rental income by Itaukei

SODELPA will allow the land owners themselves to decide how the lease funds received for their land should be distributed. This cannot be dictated to them. It is their money and therefore they should decide how it is shared.

SODELPA notes with concern the attempt by some media reporters to push the Bainimarama–Khaiyum policy of dictating how landowners should share their wealth. The regime’s motives for doing this are very much related to its continuing campaign to undermine indigenous traditions and way of life.

Members of other communities decide for themselves how their earnings should be shared. No one else tells them how this should be done. The same principle should apply to the indigenous people surely.

5. The Abolition of the Great Council of Chiefs

The abolition of the Great Council of Chiefs, like the imposition of a common name, was the decision of two unelected, unrepresentative usurpers of our democracy. They acted and continue to act without a mandate from our people.

The GCC is the pinnacle of Fijian society, and just as other communities continue to enjoy their community and cultural structures without interference from the state, so too must the indigenous people of Fiji have the same right.

SODELPA will bring back the GCC and in so doing take the opportunity to review its functions and operations so that it can be better resourced to ensure more effective delivery in addressing specific issues affecting not only the indigenous people but all the citizens of Fiji.

The decision on the future of the GCC will remain the prerogative of the Fijian people and we expect all other communities to respect that right in the same way that their rights are respected by the Fijian itaukei community.

This is the position of SODELPA on these issues.

Authorized By
Ro Teimumu Vuikaba Kepa
Party Leader, SODELPA
August 22, 2014

Statement from Qarase regarding the Minister for Elections and General Secretary of the proposed Fiji First Party

STATEMENT FROM

L. QARASE – 9 May 2014

 

The angry reaction from the Attorney – General, Mr Aiyaz Sayed-Khaiyum against criticisms on his dual roles as Minister for Elections and General Secretary of the proposed Fiji First Party raises an important issue.

The issue is that of a serious conflict of interest; the people of Fiji have a right to insist that this is not acceptable in a “free and fair” election.

In the Fiji TV news last night (8.5.14) Mr Khaiyum said that his position is no different from what has been the practice in the past. When I was Prime Minister, for example, I was also Leader of the SDL Party. While this information is correct the truth is that I was never Minister for Elections.

In fact, since Independence in 1970, there has never been a Minister for Elections. The reason for this is that both the Electoral Commission and the Office of the Supervisor of Elections must carry out their functions within the laws regulating their operations, with complete independence and without interference from the Government in power.

This golden rule has been broken for the first time by the Bainimarama-Sayed-Khaiyum regime with the appointment of the Attorney- General as Minister responsible for elections. Mr Sayed-Khaiyum exercises the power of this portfolio as a member of a government with no legal or popular mandate, no accountability and no parliamentary oversight. This is the crux of his problem and public concerns about his role.

In a parliamentary democracy, all government agencies must come under a ministerial portfolio. Both the Electoral Commission and the Office of the Supervisor of Elections have always come under the Prime Minister’s portfolio. As Prime Minister from 2000-2006 my role was two-fold in relation to the two agencies. Firstly, I was expected to deal with their submissions for budgetary allocations and, secondly, I had a duty to respond to parliamentary questions as they arose. In no way did I influence or interfere in the work of the Electoral Commission or the Supervisor of Elections. I am aware that the Prime Ministers who preceded me played a similar role.

In contrast to this legal and accountable role of an elected Prime Minister, both the regime’s Prime Minister and Attorney-General have been in complete control of the current election process. This has included the formulation of the onerous Political Parties Decree, the Electoral Decree, with its controversial provisions, the appointment of the members of the Electoral Commission and the appointment of the Supervisor of Elections. They also have control of the media resulting in self-censorship.

The Attorney – General and Minister for Elections, Mr Aiyaz Sayed-Khaiyum must do the right thing and step down from the position of Minister for Elections. Indeed there should be no Minister for Elections. The general elections must be carried out by a truly independent Electoral Commission and Supervisor of Elections.

 

Authorized By         L. QARASE

UFDF PRESS RELEASE – the Collapse of the Fiji Fishing Industry

STATEMENT FROM

THE UFDF

[No 9/2014]

[Jan 24, 2014]

The UFDF said today that the suggestion by Minister for Fisheries, Forests & Agriculture Lt Col Inia Seruiratu that another committee be set up to ‘look into’ the plight of Fiji’s Fishing Industry’ is too little too late given that this problem has been allowed to escalate over the past 7 years to the point that more than 8,000 citizen’s incomes will now be adversely affected.

The UFDF said today that the suggestion by Minister for Fisheries, Forests & Agriculture Lt Col Inia Seruiratu that another committee be set up to ‘look into’ the plight of Fiji’s Fishing Industry’ is too little too late given that this problem has been allowed to escalate over the past 7 years to the point that more than 8,000 citizen’s incomes will now be adversely affected.

And who might the members of this committee be? The same officials that have been unable to resolve the issue over the past 7 years and they will advise the Minister how he can resolve an issue they have failed to address in 7 years? Have any of the stake holders been asked for their opinions and input? A quick check yesterday revealed they have not been asked to be part of this Ministerial solution.

The UFDF said while courting China into funding its various projects [all loans no aid] the regime has ignored the fundamental problem that has caused this matter to ‘come to a head’ and that is the ongoing presence of 1,800 or so foreign fishing vessels with licenses issued by our island neighbors. A significant number of these vessels mainly from China operate in international waters surrounding Fiji and other Pacific Islands.

The UFDF said one does not have to be a ‘rocket scientist’ to work out how long our fish will depleted when 1,800 foreign fishing vessels are catching our resources in our backyard 24 hours a day, 365 days a year. Not to mention the damage done to our reefs, our sea life by the trawlers. The loss of other types of seafood that get caught in the process as well as the waste and debris from these vessels.

The UFDF said what makes it even more ridiculous is that these foreign vessels are subsidized by up to $US350, 000 ($F662, 000) per vessel to cover costs, fuel, maintenance and they are the only vessels that can sell to China, our Fiji owned and operated vessels cannot sell their catch to China and not one of them are subsidized.

The UFDF say some of the blue painted Chinese subsidized vessels anchored in Suva Harbour can’t afford to operate even with their $F662, 000 subsidies it’s not too difficult to work out why our local boat operators are unable to sustain their operations.

The UFDF says it understands that a major scam is being perpetrated by foreign vessel operators against the Chinese government where operators are falsifying documents and logs of their catch to qualify for the generous subsidy, while remaining anchored. At least 20 officials are reported to have been executed in China for the scam.

The UFDF said none of the foreign vessels are known to hire local crew but if they did it was a minute number, so other than a license fee, there are no real benefits to the Island nations and the areas valuable fishing recourses is being depleted on a scale that will cause catastrophic failure because of the issuance of an excess of fishing licenses by upwards of 400%.

This the UFDF says is despite well researched and sustainable numbers of fishing licenses recommended to all island nations. The recommendations on limiting the issuance of licenses are being ignored for short term financial gain without any regard for the catastrophic long term consequences that will follow the current excesses in fishing of our resources.

The UFDF said the other part of the problem is the local mismanagement of the resource. In Fiji too many licenses have been issued and the resources’ have been depleted.

The problem has nothing to do with migratory fish or seasons it’s all to do with the mismanagement of resources.

The UFDF said the MSG has failed to adequately and prudently address this issue for the long term sustainable benefit of all the island nations and the current discord among the members over the West Papua issue will unlikely allow them to urgently resolve this major economic catastrophe currently unfolding in the region.

Authorized By                       UFDF

UFDF PRESS RELEASE – One law for the nation, another for the Military

STATEMENT FROM

THE UFDF

[No 7/2014]

[Jan 21, 2014]

The UFDF said today that statements attributed to Lt Col Netani Rika as reported by the Fiji Sun and Frank Bainimarama as reported by Vijay Narayan and Mohammed Feroz show clear breaches of the Civil Service Standing Orders [2011 revision] and abuse of office.

The UFDF says the Civil Service Standing Orders on Campaigning Sec 1222 states quote ‘  Campaigning or political activity by a Civil Servant while on duty is forbidden. Civil Servants must not be canvassing or by any other means attempt publicly to further the activities or aspirations of a political party, or the election or return of an individual (whether a member of a political party or not) in any election to the House of Representatives or to a local Government body including Provincial Councils unquote

The UFDF says Lt Col Rika’s comments are political in nature and breach The Civil Service Standing orders 1222 that disallow quote ‘canvassing or by any other means attempt publicly to further the activities or aspirations of a political party’ unquote. There can be no doubt that Lt Col Rika was canvassing for Bainimarama’s party and as Commissioner Eastern he is abusing the privileges of his office as well as Sec 14 (1) (c) (d) of Decree 4 of 2013.

The UFDF says in the case of Frank Bainimarama he remains Commander of the Military and according to his Regimes own decree No 4 of 2013 he is in breach of the following provisions-

POLITICAL PARTIES (REGISTRATION, CONDUCT, FUNDING AND DISCLOSURES) DECREE 2013 DECREE NO 4 OF 2013

Restrictions on public officers in a political party

Sec 14    (1)          A public officer shall not-

(c)           Engage in political activity that may compromise or be seen to compromise the political neutrality of that person’s office; or

(d)           Publicly indicate support for or opposition to any proposed political party or a political party registered under this decree or candidate in an election

(2)           For the purposes of this section, ‘public officer’ means any person-

(c)           Holding any office in the public service, the Fiji Police, Fiji Corrections Services or the Republic of Fiji Military Forces.

(4)           Any public officer who intends to be an applicant or a member of, or hold office in, a proposed political party or a political party registered under this decree, must resign from the respective public office prior to applying to become an applicant or a member of, or hold office in, a proposed political party or a political party registered under this decree.

(5)           A public officer is deemed to have vacated his or her office mentioned in subsection 2 immediately before the time at which he or she applies to become and applicant or a member of. Or hold office in, a proposed political party or a [political party registered under this decree.

The UFDF says the Commander’s repeated statements about forming his own party and contesting elections is in clear breach of Sec 14 (1) (c), (d), (2) (c) and (4) and (5) of Decree 4 of 2013. Just as Lt Col Rika’s statements are in breach of the Civil Service Standing Orders.

The UFDF says Lt Col Rika and Commodore Bainimarama have broken the law and the Acting Commissioner of Police and the Civil Service Commission are obliged to uphold the laws that govern these public office holders and appropriate and immediate action should be taken against them just as they would apply it to any other citizen.

The UFDF says if the newly elected Electoral Commission is serious about ensuring free and fair elections  and remaining impartial and independent then it cannot ‘look the other way’ when clear abuse of office and breaches of the law as reported are committed by their employer.

Authorized By                       UFDF

UFDF PRESS RELEASE – Appointments of the Electoral Commissioner

STATEMENT FROM

THE UFDF

[No 4/2014]

[Jan 10, 2014]

In welcoming the appointments of the Electoral Commissioners, the UFDF said that although it was a positive first step towards credible elections, it was a pity that the regime did not take this opportunity to act in a bipartisan and inclusive manner in these appointments by asking for recommendations from the political parties.

In welcoming the appointments of the Electoral Commissioners, the UFDF said that although it was a positive first step towards credible elections, it was a pity that the regime did not take this opportunity to act in a bipartisan and inclusive manner in these appointments by asking for recommendations from the political parties.

The UFDF said this would have been in line with best constitutional and democratic practice.

Consequently, the UFDF says, these appointees, some of whom it holds concerns about their independence, are all handpicked by the interim Prime Minister and Mr Sayed-Khaiyum. This will place an additional burden of responsibility on each of them to ensure that they act with absolute impartiality and reject any attempts at interference in their work.

The UFDF said the Yash Ghai Commission is a good example of another non bipartisan appointment that was supposed to be independent but that did not stop the regime from attempting to influence its deliberations and directly interfering with its work.

Authorized By                       UFDF

Where is the good governance coup?

In December 2006 the Army Commander seized power in the name of transparency and good governance. It was all about cleaning up government. The issue wasn’t how genuine our democracy was, it was all about cleaning up government. All of the claims about genuine democracy came later as an excuse for not allowing us to elect a clean government. However flawed past elections may have been, they’ve all had more democratic credibility than a Government imposed by force.
In 2007, when Bainimarama was talking all the time about ‘transparency and good governance’, it was obvious that he was repeating words from a coup script written by others. Good governance means more than sacking the government boards and advisory bodies appointed by Qarase. It means making sure all decisions made by government, whether directly through cabinet or indirectly through government-appointed board members, can be seen, understood and questioned by the public.
Over the seven years of Bainimarama rule there has been a steady decline in all the principles of good governance, in paticular transparency. We don’t know what the government is doing and we are not allowed to ask.
Annual Reports from the FNPF have shrunk and no longer provide the information we need to be confident our contributions are safe. The Fiji Sugar Corporation no longer has to produce an Annual Report because it has been de-listed from the South Pacific Stock Exchange, but we know it is insolvent. FSC should be placed the hands of a receiver to protect all the people that trade with it – banks lending it money (if there still are banks foolish enough to do this) suppliers providing it with goods and services and hoping to be paid, not to forget small farmers investing in their farms in the hope that they will sell cane to FSC and be paid.
Then there’s Fiji Airways. Who knows what they owe or what interest they’re paying on their debts. We know the planes are owned by some artifical Irish corporation.
The pine and mahogany industries are covered in fog. We know Aiyaz buddy, Faiz Khan, is head of Fiji Pine, giving him control of Tropik Wood and Fiji Forest Industries. But that’s all we know. Try checking with Bloomberg Businessweek to see who’s running FHCL and you’ll find this: “Fiji Hardwood Corp. Ltd. does not have any Key Executives recorded.” There are no reports to show what is earned from mahogany sales, no doubt because Bainimarama doesn’t want the landowners to be able to work out what share he’s leaving for them.
Fijian Holdings is the one small ray of sunshine even though is shine through a dark and threatening cloud. FHL still publishes the Annual Reports required by the Stock Exchange and from that we find that total liabilities for the FHL group grew by a staggering 244% during the year ending 30 June 2013. Assets grew by only 46%. And yet it is claimed FHL made a small profit. Is this profit real or just a result of accounting tricks?
The FHL Annual Report claims “All Directors are independent Directors with no substantial interest in the shares or Group business.” In other words they lose nothing if the company is bled dry by the regime. Dividends are being paid out to the iTAB and then grabbed back by Bainimarama to repay the ‘loan’ he invented to cover his grab-back of the Qarase Government grant to the iTAB and Provincial Councils of B class shares.
FHL is being looted but at least we can get a glimpse of it in the Annual Report, which is more than we can say for Fiji Pine and the Fiji Hardwood Corporation.
If we had an independent media they could demand answers to these questions, but sadly, we do not

UFDF PRESS RELEASE – Who are the “liars and troublemakers”?

STATEMENT FROM

THE UFDF

[No 36/2013]

[Dec 18, 2013]

UFDF CALLS ON THE PM & LT COL SULIANO TO NAME & SHAME THE ‘PAST POLITICIANS’ THEY CALL LIARS & TROUBLE MAKERS AND PROVIDE THE EVIDENCE THAT SUPPORTS THEIR CLAIMS!

At his recent Christmas celebrations with the RFMF the Commander again claimed to have created a new path forward for Fiji but warned the military to be on guard against ‘past politicians who caused problems?

But who are these faceless and nameless ‘past politicians’ he keeps referring to and what exactly is the problem they are being accused of causing?

The people need to know who these trouble makers are and more importantly what kind of trouble it is they are being blamed for causing?

Since Independence, the only thing that has caused the greatest problems for Fiji and her people, are the 4 coups carried out by certain officers of the military command and possibly some ‘old political & self-serving individual collaborators’. Perhaps these are the people that the Commander regularly refers to.

When it comes to calculating the cost to the country and her people, there is enough evidence available that places this figure at approximately $10 billion dollars or more in lost economic activity, growth, employment and development and the individual loss to our citizens by way of their lives, jobs, homes and the accompanying ‘trauma and stress’ inflicted on them is a cost too high to be accurately measured.

If the PM is referring to politicians who ‘colluded with the military to over throw past elected governments? Then its time he named them and shamed them? And a good place to start would be his own cabinet.

Then there’s the standard veil threat once again from the military command and this time around coming from Lt Col Suliano who refers to the ‘threat caused by liars spreading lies’?

But what is the ‘threat?’ What are the lies? Who are the liars? Unless he can back up what he says with facts, then generalizing as he does amounts to nothing more than lies and rumor? The people have a right to know the TRUTH behind what he is claiming.

Fiji is supposed to be just 10 months away from returning to democratic governance and at this stage of proceedings the regime, indeed the Prime Minister, the Military Command as well as the Fiji Sun and other pro regime media organizations should be at least attempting to ‘walk their talk’ and start ‘practicing’ some of the democratic principles they claim credit for and espouse from time to time, but seem to still have great difficulty keeping in line with.

There is a lot at stake for the people of Fiji in the coming 10 months and veil threats of unproven allegations has no place in a free and open society if indeed that is one of the democratic principles that is part of the Bainimarama promise to the people of Fiji and the world.

The UFDF calls on Lt Col Suliano and the Prime Minister to stop referring to faceless and nameless past politicians and making baseless generalized allegations and challenges both of them to name the past politicians and liars they refer to and clarify the ‘lies’ they are spreading and state exactly how these alleged lies constitute a ‘threat’.

Lt Col Suliano is also quoted as saying ‘the RFMF would stand firm to make sure that the ‘transition of power’ after the 2014 elections would be smooth.

Are we to take from that statement, that even if Bainimarama and his party fail to win a single seat in the next elections that the RFMF will ‘stand firm’ and ensure the Bainimarama Regime hands over power to the new government elected by the people?

Is this ‘true’ or just another lie?

Authorized By                       UFDF

For further elaboration or interviews on our statements please contact anyone of the following:

Mick Beddoes – 830524;  Laisania Qarase – 9993113;  Mahendra Chaudhry – 9921865

 Attar Singh – 9921184;  Tupeni Baba – 9373364

Frank could win 27% of the vote!

Psychologists have noted the amazing fact that a percentage of the victims of terrorists and kidnappers identify with their tormentors and do not feel inclined to blame them. It’s called ‘Stockholm syndrome’ or capture bonding.

Some victims of kidnappers and terrorists adjust to the trauma of their abuse by identifying with the criminals who hold their lives in their hands. They end up feeling gratitude that they weren’t raped, maimed or killed rather than anger at the violation of their freedom and human dignity.

According to experts at the FBI up to 27 percent of victims may react this way. The others, of course, display a normal response – a fierce desire to see their tormentors face justice.

Could it be that the expressions of support some people actually show for Voreqe are the result of capture-bonding or Stockholm Syndrome?

If so, what this means is that the highest vote he can hope for is 27% because the rest of us do not feel grateful to our captor that we have not been among the number picked for beating, sacking, confiscation of property (including a chunk of pension). We do not identify with the criminal – we identify with his victims.

The all powerful executive

We can be sure that Bainimarama and Sayed-Khaiyum will take no notice of the opinion of Anthony Regan, an Australia-based constitutional lawyer, that the new Constitution gives too much power to the Executive branch of Government to exercise influence over the judiciary.

They are assuming that the reins of Executive Government will still be in their hands after the elections. The idea that they could lose the election hasn’t really registered.

The price they pay for their heavy-handed government – the censorship, the bullying and intimidation of anyone who speaks out – is they have no idea just how despised they are. Bainimarama knows of course that his joined at the hip side-kick is despised by iTaukei, but he thinks his strong hand will bring them all to heel. Bainimarama must be unaware, however, that AS-K has made enemies for the regime everywhere, meaning literally everywhere.

All through the bureaucracy normal civil servants who just try to do their job have been frustrated by his interference. In business, people who would love to invest in new opportunities hold back because they fear his all pervasive interference in anything he hasn’t personally approved. His support base is limited to people like Mohammed Saneem who owe everything to him personally. The fact that many of them are Muslims is unfairly giving the impression of a Muslim takeover, so many Muslims are also uncomfortable with the AS-K ascendency.

If Bainimarama does not win this election, control of the all-powerful executive will pass to other hands. At that point they will regret their creation of an all-powerful executive. Aiyaz Sayed-Khaiyum never favoured a strong executive until he became part of it. He will have to hope that the people who hold the reins of executive power after the election show more respect for the spirit of the constitution than he has since he joined the unelected government.

Better imperfect constitution than none

There are only two people who could say that the new constitution is everything everyone wanted, and that’s the two who drew it up. They put page after page spelling out that they cannot be held responsible for crimes and a few measly lines saying that Fijians own their land, without protecting their right to control leasing of land.

We can work out how weak the support for their constitution was from the fact that they couldn’t even find a handful of people to form a Constituent Assembly to rubber stamp it.

They announced that there would be a Constituent Assembly, with the job of legitimising the burning of the Yash Ghai draft, but they delayed and delayed as they tried to find members who were credible puppets, eventually giving up because no-one credible could put their name to such an exercise.

What the new constitution brings is constraints on the power of the regime. Since they trashed the old constitution they’ve had nothing restricting their ability to use powers of government as they like, especially current Rule by Decree, which is not rule of law at all. They set up the Yash Ghai Commission and then changed the rules once they found they didn’t suit.

They are now bound to hold elections. Bainimarama will have to stand down as Commander before he can set-up his political party. He might remain as PM, but he will no longer be Commander. This will be a significant check on his power, hence his reluctance to step down. Also, the constitution creates electoral framework, sets rules of the game, and paves way for return to parliamentary democracy.

But everyday he delays the day of announcing his party restricts his ability to set up an effective party. With the well organised parties now opposing him he’s going to find these elections very hard to win.

At least now he’s going to have to play by some rules.

Why must votes be counted on one day?

A lot of people are asking whether the one day vote boast made by the iAG is a result of his arrogance – there’s nothing he can’t conjure into existence with one of his decrees – or whether it reflects his ignorance of what life is like for many indigenous Fijians in remote areas (including Rotuma).

It’s true he’s flown to a few locations in his helicopter (like some billionaire businessman) but he’s never had to get to places by boat, four wheel drive, horse or on foot. He just doesn’t understand.

The registration process should have shown him what the difficulties would be but his trademark arrogance means that he’s incapable of listening to anything he doesn’t want to hear.

But there’s another theory entirely to explain why he’s so intent on his one day vote. It makes it easier for him to control and manipulate the process. Votes will be counted in different locations, making it easier for him to control what happens and manipulate it for his own ends.

Centralised vote counting can be checked by independent observers.

There’s also the issue of vote counting in small locations making it clear who voted.

In villages all over Fiji the dictator has been accorded royal welcomes by people whose motive is clearly to make sure they are not denied the share of Government resources that is rightly theirs. Everyone knows, including Bainimarama, that these people may all secretly support SODELPA.

Counting votes at each location would make it impossible for these people to have the right to secrecy in casting their vote.

Bainimarama’s Party – the roll call of nobodies

The unelected PM who wants to get himself elected took forever to admit that he planned to stand for election. He promised elections years ago, then he kept saying his ’reforms’ were vital to the future of the nation, but it took him forever to say he would stand. And he could never say who would be standing for election in the name of these reforms if it wasn’t him.

Even now, Sayed-Khaiyum still hasn’t said he’ll stand for election. If the reforms are so important, why can’t the two of them just say it: “we will be standing for election and our ‘reforms’ to the sugar industry, the media, the Great Council of Chiefs etc are what we stand for”.

Where is the support base for their reforms? They spent 6 years muzzling criticism and avoiding debate. They’ve persecuted the Methodist Church and the Trade Union movement, not to forget the sugar industry, and cane farmers in particular, who have been treated with contempt.

The problem with the transition to democracy for this two man band is that democracy can’t run like the way their regime runs. They have to change their style.

Democracy requires processes that involve others. It means consulting, not issuing edicts. They instituted an independent constitutional process and then completely disrespected their own appointees and the process. They couldn’t even come up with a handful of half respectable Yes Men for the Constituent Assembly.

This is the way the two-headed monster works. Everything the government does has to be funnelled through Sayed-Khaiyum or Bainimarama.

So don’t expect anything that looks like a Bainimarama party anytime soon. Apart from ASK, he only trusts Yes Men, lackeys who don’t or can’t ask questions.

A political party is not made up of troops who obey orders or lackeys who fetch and carry. It has to have volunteers who share the vision and whose input has to be recognised. They have to be inspired. They have to be credible leaders in their own right at their own levels. The list of public figures who’ve come out in support of Bainimarama is a roll call of nobodies.

Lord make me good, but not yet

The Bainimarama constitution reminds me of the old story about the sinner who gets on his knees and prays fervently for God to make him a good man, but not yet, he has some important sins to attend to.

The plan is for the constitution to be enacted in April after the most manifestly false consultation process in history. Yet nothing of any substance comes into effect until after the Parliament sits. There are many fine words of democratic principles, but none is of no effect until Parliament sits.

It’s not just that the self-appointed PM and all his cronies remain in office and continue to use the resources of government to campaign for election. They will be free to continue spending hundreds of thousands of dollars on propaganda. That’s a problem, but the real problem is more serious than that. The normal protections which a constitution should give do not come into effect. The Khaiyum courts continue in existence and, despite all the rights in the constitution, courts are still excluded from deliberating on the executive’s application of those laws.

And then there’s the issue of immunity. The regime cannot be taken to court for any of its actions between now and the first sitting of Parliament. Future unlawful actions are forgiven in advance.

Under Section 154 all ministers and any officials taking orders from them have “absolute and unconditional immunity” “from any criminal prosecution and from any civil or any other liability in any court or tribunal, in any proceeding including any legal, military, disciplinary or professional proceedings and from any order or judgment of any court or tribunal, as a result of any direct or indirect participation, appointment or involvement in the Government from December 2006 to date of the first sitting of Parliament elected after the commencement of this Constitution; provided however any such immunity for the period between 18 July 2012 to the date of the first sitting of Parliament elected after the commencement of this Constitution shall not apply to any act or omission that constitutes an offence under sections 77 to 390 of the Crimes Decree 2009.”

Their licence to commit most regular crimes runs out on 18 July 2012, but all crimes before that date are protected. Whether it’s fraud, embezzlement or whatever, not just beatings and intimidation, if it took place before 18 July 2012, it seems the regime and its agents cannot be prosecuted.

More interesting, however, is the fact that even after 18 July 2012 treason and sedition are not in Sections 77 to 390 of the Crimes Decree and are therefore granted immunity if they occur before the first sitting of Parliament. So if Bainimarama loses the election he can commit sedition or treason before parliament sits and not be prosecuted.

The whole apparatus of dictatorship continues until after the election and parliament gets a chance to meet. And, if the election goes badly, it looks like Banimarama can stop Parliament from sitting and dictatorship continues until he can get the election result he wants.

PULLING THE PLUG ON FIJI – Fiji’s ‘Return to Democracy’ looking increasingly improbable

The Foreign Ministers of Australia and New Zealand are intelligent men. It is therefore very surprising that, in their recent ‘handling’ of Fiji’s alleged return to democracy and their relations with the Fiji regime they have been duped by someone who is very well known for being unintelligent – the current illegal Prime Minister of Fiji, Frank Bainimarama.

All you can expect from this self-titled leader is more lies and broken promises.

The Council for a Democratic Fiji has repeatedly in the past pointed out the stunning gullibility of the powers that be in Australia and New Zealand towards the lies, oppression and recalcitrance of the Fiji regime, but apparently without avail. The Movement now respectfully suggests to the learned Foreign Ministers and their Governments that they should finally abandon this misconceived ‘hear no evil, speak no evil, see no evil’ approach to the Fiji regime.

Specifically we call on Australia and New Zealand to abandon rapprochement towards the Fiji regime. The regime is duping them in saying that it has any sincere desire to return to true democracy. (It asserts that that step is being fulfilled by preparation of a new Constitution and preparations for elections in 2014.)

The present rapprochement process began just after the middle of last year, at whose inspiration it is not known, although the New Zealand Foreign Minister appears to be at least proximately the chief suspect, but of course he may have been galvanised by other powers. It followed the alleged expose by the New Zealand authorities of an asserted assassination plot, which expose led to the Army controlled Fiji media praising New Zealand for guarding the back of the alleged Fiji Prime Minister. (The New Zealand authorities have, however never provided any evidence for their allegation of there being ‘convincing proof’ of such a conspiracy).

Within a week or so of the expose the New Zealand Foreign Minister was in Fiji and the process of cosying up to an alleged transition to democracy was well under way, ignoring all the lies, deceit and persistent oppression of the past.

What has been happening since the beginning of this rapprochement process?

• The Army remains in full control;
• Australian and New Zealand taxpayers have contributed substantially to the alleged process for return to democracy;
• The draft Constitution prepared by a world recognised expert has been burnt on the orders of the alleged Attorney General (Australian and New Zealand taxpayers contributed to the costs of the preparation of this draft);
• The regime has (via the alleged Attorney General) purported to enact a Decree (illegal as are all Decrees of the regime) inhibiting and putting excessive restrictions upon the registration of political parties, including placing such registration in the hands of a person who like all other public personages in Fiji is totally under Army control, and illegally expropriating the assets of any party not complying with its draconian provisions;
• The vast majority of existing political parties have been wiped off the face of the map by non compliance with the said Decree;
• Draconian Decrees restricting unions which have been subject of complaint and proceedings by the International Labour Organisation have not been amended;
• The leader of the party which achieved the highest number of votes in the last democratic election continues to languish in jail.

Any person who ignores these Signs of the Times can only call himself or herself  a monkey who can see no evil, hear no evil, speak no evil.

As we and many others have pointed out before, the current alleged Prime Minister and Attorney General have no more credibility (and probably far less) than used car salesmen. Their word means nothing.

Any ‘election’ held under Army rule will be a farce and the Army is not letting go – it would not be an election.

We ask Australia and New Zealand to abandon the current misconceived rapprochement with the regime, and to stop the irresponsible waste  of Australian and New Zealand taxpayers money into attempting to carry out that mistaken step.

Simply Pull the Plug on them.

Ratu Tevita Uluilakeba Mara
Council for a Democratic Fiji
1st March 2013
Cfdfiji.org

Thank you ASK

The latest Khaiyum decree is certainly the worst. When he stole responsibility for determining rules for political parties from the Constitution, Khaiyum had already over-stepped the mark, but producing new rules without a second’s consultation with anyone, after he’s already announced his rules, shows how out of touch with reality he is.

The attempt to rule the Social Democratic Liberal Party illegal is so transparent in its target that no-one can mistake its purpose, and Khaiyum is so self-centred that he cannot see how blatantly illogical it is.

The ASK decree rules that acronyms of existing parties not seeking to re-register cannot be used, as if this is most natural thing in the world. No explanation, let alone justification is needed.

So no party with any name that might contract to SDL could be used. The Social Democratic League – that’s out. The Sustainable Development Link party, that’s out too. There’s a lot of parties that might want to share the initials.

And let’s not forget all the parties that are still on the books. The acronym NAP rules out any parties using those letters, even if the name is different. Fiji can never have a Green Party, because that’s already been used. Then there’s the CDA or VLV, the FDP and all the small forgettable parties, all of them leaving a trail of now illegal acronyms in their wake.

But even then, so little thought has gone into this knee jerk reaction that ASK has not considered that the acronym SDLP is not SDL, so the effort is wasted.

All Khaiyum has done is make sure we’re in no doubt about how scared he is of the SDL and its support base, which is based on more than a name. Thank you Khaiyum for highlighting this. You are right to be scared of this support base, much of which is based on your participation in the illegal regime that gives you power.

It is you, not Fijian culture, that has a sunset clause.

Is there a Khaiyum cunning plan?

Everyone knows that the ASK’s Political Parties decree forbids donations to Parties by Companies, but you have to read it to understand just how detailed and prescriptive it is.

Section 22 (6) of the ASK decree bans accepting “any political donation or any contribution unless the political donation or contribution is from an individual”. Then, if that belt is not enough to hold the trousers up, several pairs of braces are fitted, all banning contributions by a “Company, a body corporate or any other entity”. “Any other entity”? Churches? Of course. Trade Unions? You betcha. A Vanua or Tikina? A mataqali? I suppose so, but why?

What gives? This is so different to anything any other country that some cunning plan is obviously afoot. One obvious feature of this system is the intention to nobble existing parties. And parties are always important in electoral systems involving Proportional Representation.

In closed list systems, parties provide lists of candidates. If a party gets 10 percent of the vote the top 10 percent of their candidates win seats. In open list systems voters can express preferences for candidates within the party lists.

To handicap individual candidates it looks like the ASK plan is that the smaller number of seats in the new parliament – and they’ve already signalled this – will increase the number of votes any candidate needs to win to get a seat.

The cunning plan will no doubt become clearer when the preferred electoral system is unveiled.

It would be helpful if some of our experts on electoral systems spoke up and shared their thoughts. Father David Arms, please feel free to join the conversation. Or have you made your input in private? I recall your earlier support for a simple Open List system. Is this what you expect? And how would that fit with the provisions of the Political Parties Decree?

All we can be sure of is that there is a cunning plan, but cunning plans have a way of coming unstuck, especially if the cunning planners underestimate the intelligence and courage of their opponents.

Bainimarama’s game plan

When Bainimarama declared that, no matter what, elections would take place in 2014 he signalled that he wanted to bring Fiji back into the fold of democratic nations.

When he appointed Prof Yash Ghai as his independent Constitutional Commission head, this seemed to be confirmed. However, when he burned Prof Ghai’s draft, hounded him out of the country and set his paid professional propaganda machine onto the task of discrediting Ghai, the goal of international respectability seemed to have disappeared in a flash.

Now, with the Political Party Decree giving political parties only 28 days to sign up 5000 members, who have to be evenly distributed through-out the country, and come up with $5000 without accepting assistance from companies, unions or NGOs, it looks like there never has been a game plan to hold free and fair elections.

Even the ever reliable Crosbie Walsh has called the Party Decree a mistake. He thinks it ‘plays into the hands of Government’s opponents and will result in a loss of support. The decree should be immediately amended to make the requirements more reasonable and acceptable.”

Has Bainimarama himself got reservations about parts of the Decree? He made sure he was out of the country when the announcement was made, leaving the Decree’s architect as Acting PM to take the heat.

Bainimarama relies on Khaiyum to do the bureaucratic donkey-work of government, but he’s making a big mistake if he relies on Khaiyum to create a political organisation. Khaiyum is the most hated man in the country. His skill is undermining the support of others, not building support.

So who can Bainimarama turn to if he wants to build a political party? Kubuabola? Bole? These old ethno-nationalist re-treads have political organising skills, but there’s not one Indo-Fijian vote to be garnered by them.

Bai is behind the eight ball.

KHAIYUM ORDERS BURNING OF THE DRAFT CONSTITUTION – Australian and New Zealand must withdraw their support for this dictatorship

First, some history. The Fiji Constitution Commission was set up as a body independent of the current Fiji regime and funded by overseas aid – largely Australia and New Zealand – and its membership was approved by the regime.

Professor Yash Ghai, Chairman of the Constitution Commission, has revealed that the Fiji Police (acting on orders of the Aiyaz Sayed Khaiyum) seized copies of the draft constitution and burned them in his presence.This astonishing act of barbarism was apparently carried out to prevent circulation of the document. As is now usual in such cases the law of unintended consequences has resulted in a much wider distribution of the document over the internet (see it here: http://www.fijileaks.com) as the people most affected by the new constitution – the people of Fiji – read it to find out why the regime hates it so much.

The chilling interview of Professor Ghai with Radio Australia and ABC news over his experiences at the hands of the regime is a reminder of just how far Fiji has evolved into a ‘rogue state’.

These events have demonstrated that the Yash Ghai Commission, as we have reported before, was simply a screen behind which the regime creates its own ‘Constitution’ – one which will no doubt be far less palatable to the people of Fiji than the Yash Ghai version – and one which can have no credibility either locally or internationally.

The regime is shortly expected to appoint their favourite legal advisor Nazhat Shameem as Constituent Assembly’s chair leading a group of handpicked members to create their version of the Fiji Constitution. It will be interesting to compare this document, when it appears, with the one which was so symbolically destroyed.

We suggest that the final result will be a document which has been specifically drafted to control the outcome of the elections in 2014 and provide immunity from prosecution for the perpetrators of the 2006 coup and their assistants. From this latest atrocity we can see that it will ignore the input from the more than 7,000 citizens who made submissions to Yash Ghai.

The paradox here, of course, is that, if the regime and its decrees were as popular with the people of Fiji as they continually claim then they would have no need to worry about immunity. As it is, however. they are not popular, are evidently becoming less so and a rigged election will only worsen the situation for them. We strongly suggest, therefore that the sensible thing for the regime is to stop digging their hole and throw themselves upon the mercy of the population and repent their multifarious sins of the past 7 years through the medium of free and fair elections.

It is clear that the various sanctions and measures by international and regional communities to pressure the regime towards democracy have been at least partially successful and we therefore ask the New Zealand and Australian governments and their various partners to step up this pressure in the light of this latest outrage. We suggest that the following measures would increase the pressure upon the regime and therefore hasten progress towards a democratic Fiji:

Without honor, loyalty or sensible leadership, the men and women of RFMF and Police are being used by Frank and Aiyaz as a private army for their own personal interests.

1. Review the appointment of High Commissioners to Fiji from Australia and New Zealand.
2. Review the level of and conditions for financial support for the roadmap to democracy.
3. Reverse the recent lifting of travel bans on regime ministers and senior officials, civilians and businessmen who support the illegal regime and its actions.
4. The US government proceeds with a Duty Free Access Ban for breach of labour rights.

We ask the international community to take serious note of the Yash Ghai commission’s explanatory document which highlights the severe economic distress the 2006 coup has caused.

The regime is not interested in relinquishing power and the International community must stand with the people of Fiji. This election gerrymandering to preserve the financial plundering and vested interests of a small group of military and civilian elites must stop.

In this respect the refusal to publish the Auditor General’s reports from 2007 and now the attempted suppression of the Draft Constitution is evidence of the real motives of the military regime leaders and their cohorts.

 

Ratu Tevita Uluilakeba Mara
Council for a Democratic Fiji
Cfdfiji.org

THE SCALES FALL FROM THE EYES OF YASH GHAI – The fraud of Fiji Constitutional Reform Exposed – CFDFiji.org

Students of the Bible will be familiar with the expression which refers to discovery of the real truth being likened to a falling off of scales from the eyes. Such an experience befell Saul on the road to Damascus on his way to persecute the Christians, and is also called a ‘Damascus experience’. Yash Ghai, Chairman of the Fiji Constitutional Commission, is surely familiar with this expression in view of his extensive erudition and learning.

A man of renowned integrity, led astray by false promises.

Yash Ghai has (very belatedly) undergone a Damascus experience in now acknowledging for the first time the real truth of the farce in which the Fiji regime has been engaging him – the process of preparing a new Constitution.

He now sees that Fiji cannot have fair and free elections unless the latest Decrees slashing public consultation are ‘cleaned up’ (as many will recall, the phrase ‘clean up’ was used by the regime to justify its 2006 coup, although of course no actual clean up has occurred – rather the reverse).

Yash Ghai also rightly claims that the regime’s leader and so-called Prime Minister has been harassing him in his work.

Yash Ghai has stated that the entire alleged Constitutional consultation process was entered into on basis of deceit by the regime and that recent changes to the plan for a new Constitution are a very serious variation from the agreement for the process made with the regime.

Yash Ghai’s Damascus experience is, of course most welcome, although much delayed. The Council respectfully points out that long ago, in light of interference and intimidation by the regime and in light of the regime’s craven wish to obtain absolution from its crimes through amnesty, his position was untenable and he should reconsider his position.

In light of the continuance of harassment and intimidation, and of course bad faith, and now the united rejection by all major political parties of the entire process, coupled with the contrived political prosecution of Laisenia Qarase, Yash Ghai should reconsider his decision not to resign.

In response to Yash Ghai’s comments and protests the alleged Prime Minister, an intellectual pygmy and a person of no reputation, has done what he always does when confronted with the view of a truly respected figure who disagrees with him in any way. Bainimarama has become a mouthpiece for a set of noble sounding words designed to put Yash Ghai in his place. Those words are without doubt drafted by his henchman and coup planner Aiyaz Khaiyum, whose mastery of grammar and rhetoric, though far from perfect, easily excels that of Bainimarama.

After six years of violence and false promises, does anyone believe what this man says?

Bainimarama has reasserted his intention to hold free and fair elections. He has accused Yash Ghai of self gratification – though for what ‘gratification’, he does not attempt to describe. He further denies harassing Yash Ghai and states with great hypocrisy, that the Constitution is not for the Government but for the people.

What is to be made of Khaiyum’s words as uttered by Bainimarama?

Quite unlike Yash Ghai, both Bainimarama and Khaiyum have no credibility. The barest examinations of their history record this fact plainly. Their actions are a tissue of hypocritical self serving lies.

Would you buy what he is selling?

Bainimarama and Khaiyum have both been compared with Richard Nixon (a comparison which is admittedly flawed in terms of intellect). However both have an important trait in common with ‘Tricky Dick’. They are both persons of no credibility or integrity, as shown by a host of instances including recently, to name but a few, their dealings with the English Law Society and the International Labour Organisation, and as recently exposed by William Marshall QC.

It has been asked of Richard Nixon: “Would you buy a used car from this man?” The question was asked because of Nixon’s untrustworthy character.

The Council would not buy anything from Bainimarama or Khaiyum. It would not believe anything they say, based on their dubious records. It would prefer the word of an internationally respected figure such as Yash Ghai.

The Council believes that the condemnation by Yash Ghai of the behaviour of the regime in regard to the Constitutional process shows beyond doubt that it is fatally flawed and cannot lead to a democratic conclusion.

The Council repeats its respectful suggestion that Yash Ghai now resign to save himself further embarrassment at the hands of the regime.

Ratu Tevita Uluilakeba Mara
Council for a Democratic Fiji
Cfdfiji.org

IS LAISENIA QARASE BECOMING A MARTYR FOR FIJI DEMOCRACY? – Fiji regime continues its persecution of the former Prime Minister – CFDFiji.org

The Corrections Service of Fiji, like every other public institution in Fiji, is controlled by the Army – it is headed by a Lieutenant Colonel. Like every other public institution in Fiji it does nothing which would not be approved of by the current alleged Prime Minister of Fiji, who is head of the Army.

A victim of the hypocrisy of lesser men?

From this we can understand the Correction Services’ latest affront to humanity by declining to transfer a sick old man to a medical facility as distinct from the rigours of the Fiji prisons. The person involved is the former Prime Minister of Fiji, Laisenia Qarase, who gathered the largest number of votes at the last democratic election held in Fiji.

A long time ago the current illegal Attorney General was boasting that he would prosecute Qarase and drag the case on to keep him out of public life.

Qarase has been outspoken against the regime, including stating that he would stand in any elections to be held by the regime and that he would win them, and, after the latest coup the current alleged Prime Minister agreed and conceded that if fresh elections had then been held Qarase would win them.

The following is the full list of indignities inflicted by the regime upon Laisenia Qarase:

• He was selectively charged upon outdated offences dating back to the early 1990s whereas those who arranged for his prosecution have never been charged for the much more recent crimes which they have committed, in the current alleged Prime Minister’s case extending at the very least to murder and treason, and in the case of the current alleged Attorney General to not only treason but many other offences.
• He was tried by an imported Sri Lankan Judge who, together with other Judges is completely discredited in the recent petition of William Marshall QC, former Judge of Appeal.
• His appeal is being ‘entertained’ if that is the word by another like Sri Lankan import.
• He is being refused a healthful environment  for recovery from his grave illness.

Clearly Qarase was charged to remove him from public life, by those who should not even be in public life.

The Council deplores the Regime’s treatment of Qarase.

Ratu Tevita Uluilakeba Mara
Council for a Democratic Fiji
Cfdfiji.org