Thursday, January 29, 2009

Last Chance for Bainimarama

The Dominion Post Thursday, 29 January 2009 - www.dompost.co.nz
Editorial: Last chance for Bainimarama
South Pacific leaders have done the only thing they could in delivering an ultimatum to Fiji's military regime, The Dominion Post writes.
Commodore Voreqe Bainimarama needs to be stripped of any illusion that he can continue business as usual instead of doing what he has previously promised and set Fiji firmly on the road back to democracy.
Telling him he must name an election date by May 1, and hold those elections before the end of the year or face suspension from the forum and losing aid funding that goes with membership, is the only way to deal with a man who still does not understand that governments should get their power from the ballot box, not the bayonet.
Apologists for Commodore Bainimarama say he is an honourable man who stepped in to save Fiji from corruption. They say he must be given more time, that he inherited a difficult situation and it is naive to expect him to meet the Pacific Islands Forum deadline.
They miss the point. He deposed a legitimately elected government, and his behaviour since has been far from honourable. His regime gave assurances in 2007 that there would be elections by March this year.
That was an unconditional undertaking, accepted in good faith. By last year, Commodore Bainimarama was claiming that commitment had been given under pressure, and that he had wanted an in-principle understanding that allowed for flexibility. But even then there were assurances a detailed election timetable was being worked on.
Now he talks of the need for legal changes before any election, and is unconcerned if that takes five to 10 years.
Against that background it is unsurprising Commodore Bainimarama stayed home from the forum. He would have faced too many embarrassing questions, not only about his failure to keep his word, but also about the bully-boy tactics his regime has employed. There have been beatings, intimidation of the regime's critics and attempts to interfere with the judiciary.
His latest move has been to expel Fiji Times publisher Rex Gardner, five days after the paper was fined for publishing a reader's letter criticising a court decision that legitimised the Bainimarama government. The editor, Netani Reka, was sentenced to three months in jail, suspended for two years. Another paper, the Daily Post, is facing a similar prosecution. The regime has also adopted a law aimed at curbing leaks to the media by making it an offence for civil servants to provide information to anyone outside the government. Mr Gardner is the third publisher that Commodore Bainimarama's regime has felt compelled to get rid of. His predecessor, Evan Hannah, was sent packing last year, as was the publisher of the Fiji Sun, Russell Hunter.
None of those are the actions of a regime anxious to restore democracy. Instead they show a regime that does not want its actions scrutinised in case it is held to account for them.
The plain fact is that Commodore Bainimarama cannot be allowed to believe there are no consequences in turning Fiji into a military dictatorship.
He should treat the Pacific Islands Forum decision since endorsed by the United States as a last chance to do the right thing.

Bainimarama - Pariah of the Pacific

Pariah of the Pacific

By Paul Toohey | January 29, 2009

Article from: The Australian – www.theaustralian.news.com.au

FIJI'S self-appointed interim Prime Minister, Frank Bainimarama, is a conundrum. He claims to dream of a united, tolerant and prosperous nation where the indigenous Fijian majority and the Indian minority live together in peace. He wants to reform the electoral process and guide his country to parliamentary democracy.

On the other hand, Bainimarama seems to lack the self-awareness that might remind him that he is a dictator. He stole government by coup in late 2006. Bainimarama doesn't refer to it as a coup. He calls it "an intervention from the Fiji military forces". In early 2007 he promised there would be full elections by March this year. Deadlines to prepare for these elections have come and gone.

Bainimarama's promise of returning Fiji to democracy has failed to materialise. He has installed military buddies in senior ministries, caused Fiji's partial suspension from the commonwealth and has earned censure and "smart" sanctions, such as visa denials, from Fiji's biggest regional aid providers, Australia and New Zealand.

Bainimarama has also attracted the attention of the UN, which has hinted at expelling Fiji from various peacekeeping missions across the globe, and has said that no Fijian troops will be included in any new missions until the country holds elections. There are 3500 soldiers on overseas missions or on secondment, none of whom would thank Bainimarama if they lost their well-paid jobs.

Fiji has long had a proud if oversized military, which has given the country much prestige. That prestige is now non-existent. The Fijian military has shown a repeated propensity to break its country's trust by crashing heavily into politics.

Bainimarama addressed the UN General Assembly in 2007 and 2008 with what appeared to be erudite speeches dedicated to peace and democracy but which were, ultimately, impossibly contradicted. Bainimarama is a prime minister without a parliament, ruling instead with the assistance of a dozen interim ministers but, sitting above them, a military council made up of senior officers.

Observers believe there is no plausible sign of any group forming within Fiji's military to oust Bainimarama and return Fiji to democracy; and even if such a group did exist, diplomats would argue another coup would not be in the country's interests. All they want is for Bainimarama to hold an election.

Perversely, Fiji saw one of its best tourism years in 2008, helped along by large numbers of Australians attracted to heavily discounted travel deals. The strong travel warnings issued by the Australian Government advising visitors to exercise extreme caution in Fiji, and to watch out for political events and personal attacks, appear to have been ignored. But Fijians are living in isolation and fear. Anecdotally, there has been a sharp rise in muggings and late-night home invasions by an emerging criminal culture born partly out of desperation, and partly out of clear signals from Fiji's military command, whose message has been: if you want it, take it.

Fiji is a founding member of the Pacific Islands Forum, designed to promote goodwill and prosperity among the Melanesian and Polynesian brotherhood, with Australia and NZ playing a cashed-up, avuncular - some of these tiny member nations would say patronising and overbearing - role.

A special leaders' meeting was convened for Port Moresby on Tuesday to attempt to force Bainimarama to hold elections. Bainimarama didn't attend, claiming he had too much to do at home with his country devastated by flood. It was a ruse to avoid a humiliating lecture, and Bainimarama instead sent his interim Attorney-General, Aiyaz Sayed-Khaiyum.

Because Sayed-Khaiyum is not a leader, he was not allowed a seat at the forum. He was instead called to the floor to face a grilling from leaders including Kevin Rudd, who was disturbed to note a media report from Fiji on Monday in which Bainimarama said a general election could be as long as 10 years away.

Australia is sorely unimpressed with Bainimarama, and things got personal when its high commissioner to Fiji, James Batley, received four death threats last year: one hand-delivered, the rest in the mail. These threats, coming after the expulsion of NZ's high commissioner, were considered credible, in that they showed knowledge of Batley's movements around the capital, Suva.

It does not necessarily follow that there was any real intention to kill Batley, one of Australia's most respected diplomats. But Australia believes the threats came from the military leadership and reveal its dark, petty heart. Not surprisingly, a police investigation has not been able to source the threats. Bainimarama controls the police.

In his welcoming speech at the forum, Papua New Guinea's Prime Minister Michael Somare pleaded with the 15 sitting member PIF nations not to impose punitive sanctions that would damage ordinary Fijians. Smaller island nations such as Tuvalu and Kiribati rely on Fiji for their air links, and are likewise concerned that Bainimarama could lash out and cut their links to the world.

Australia did not go into the leaders' meeting demanding Fiji be expelled from the forum. Such a position would be difficult to turn back from and, even if justified, would not play well with other member nations, particularly the sensitive New Guineans, who consider Fiji part of the region's Melanesianbrotherhood.

PNG is also in the process of embracing Rudd, as he is embracing them, after many bad years with John Howard and Alexander Downer, whom Somare - the region's longest-serving leader, known locally as the grand chief - feels did not accord him the respect to which he believes he is entitled.

Australia has avoided imposing trade sanctions on Fiji, instead denying Australian visas to all senior Fijian military and their families, members of the interim Government and senior appointees of that Government. While this has good annoyance value, Australia has no desire to crush ordinary Fijians.

Australia gives Fiji an annual $27 million in aid, but that has now dropped by 20 per cent, not because of any financial sanctions, but because that money was intended for law and justice programs. Australia believes it is pointless to fund such programs in the present environment, but continues its health and education programs.

Diplomatic capital is an intangible but real asset. Fiji's has fully eroded. Bainimarama has talked about a "look-north" policy - meaning China - which would mean less reliance on Australian and NZ aid. The reality is that he - or, more to the point, Fijian people - need Australia and NZ. China is probably not thinking too much about heavy investment in small Pacific islands. Even if it were, China, like everyone else, would rather deal with leaders who had credibility.

Australian authorities believe Bainimarama's thugs have pulled Fijian citizens into military headquarters for beatings. A judge's house was burned to the ground. Before his coup, Bainimarama was under investigation for the murders of five soldiers in the 2000coup. That matter seems to have gone away, for now. Bainimarama has also been emboldened by a recent decision of a single judge of the Fiji High Court that decreed Fiji's president had the power to appoint the interimGovernment.

Three senior newspaper figures have been bullied and expelled from the country in the past year. The latest, Fiji Times publisher Rex Gardner, was given his marching orders this week. Rudd, talking in Port Moresby this week, said the coup had rendered Fijians voiceless. "I believe anyone who is deprived of their democratic voice, anyone who is deprived of fundamental freedoms of the press - and for goodness sake, look what happened with the publisher of the Fiji Times today - is deprived of the lifeblood of being in a normal democratic community."

Bainimarama's mantra is that Fiji's sick electoral process should be fixed before there can be any election. The system guarantees that a certain number of seats must go to Fijians, and that others must go to Indians. He sees it as unrepresentative, and he's no doubt right. On the other hand, he claims his own coup gave him a mandate to rule. Bainimarama has promoted a people's charter, which he claims is his first step to electoral reform and "Fiji's own way of addressing its problems". As part of the process, Fijians were asked to fill out feedback forms on which they had to provide their names and addresses. The interim Government claimed the forms showed Fijians overwhelmingly gave their blessing for Bainimarama to embark on electoral reform before holding an election.

Bainimarama says his objective "is to rebuild Fiji into a non-racial, culturally vibrant, united, well-governed, truly democratic nation that seeks progress and prosperity".

He claims he staged the coup to end a strongly indigenous Fijian government that was, as he rightly claims, seeking to entrench Fijian rights over the Indian minority. He makes sense with his argument that it's a dead end for Fiji to pursue an ultra-indigenous policy line. But he does not seem to realise that no one asked him to install himself as prime minister. Even if a credible electoral system were to be introduced in Fiji, the demographic balance has now swung so far in favour of indigenous Fijians that they would retain a comfortable majority anyway.

So why not just hold an election and let the cards fall where they may? Bainimarama, having illegally taken government, no longer has the courage to take his ideas to the people. If he went to the polls tomorrow in a fair election, the government he ousted would probably be returned in a flash. Bainimarama is stalling for time and is trying to work himself out of a corner, and quite possibly a long prison sentence.

The PIF leaders issued an edict on Tuesday that required Bainimarama to announce an election date by May 1, and to hold elections before year's end. If not, it would be suspended from the forum. This might not seem a stern measure but Rudd stressed it was the unanimous decision of all Pacific leaders. It was agreed that if Bainimarama ignored the communique, financial sanctions would follow. But the most powerful message from Tuesday was that Fiji is now politically isolated in the region, and therefore the world.

That the threat of suspension stung was evidenced by Sayed-Khaiyum's reaction. He had been sent from the room as leaders discussed their measures and seemed stunned at the demand for elections. He launched into a diatribe against Australia and NZ, accusing them of leaning on smaller member nations.

Australia's strong wish is to break the coup culture and return Fiji to what it once was, the cornerstone of the Pacific. To achieve that, Bainimarama is slowly being suffocated of the sense of legitimacy he craves

Wednesday, January 28, 2009

Return to barracks, Fiji military told

www.fijilive.com - 28/01/2009
Fiji must make a renewed commitment that the military will withdraw from civilian politics following an election, return to barracks, and submit to the authority of the elected civilian government, in accordance with the Constitution. This was one of the recommendations agreed to during the Forum Leaders Special Retreat in Port Moresby yesterday.
“.....more than two years of rule by an unelected military government, with no clear timetable for the return of constitutional government to the people, is not acceptable by international standards including those embraced by all Forum members and enshrined in the Biketawa Declaration....”.
Furthermore, the Forum also reaffirmed that there are long-term issues that need to be addressed in Fiji, including independent and inclusive political dialogue; but such dialogue must be primarily focused on the holding of elections. The dialogue process, it added, should not be the cause for further delay in holding elections.
The Forum also emphasised the need to restore democracy without further delay.And while it noted and acknowledged the steps taken by Fiji towards re-engagement with the Forum since the Leaders’ Meeting in Niue, including the reconvening of the Forum-Fiji Joint Working Group, and the second visit of the Ministerial Contact Group, it expressed serious concern at the continuing lack of practical preparations for holding elections.

Military 'cause of coups, not poll reforms'


www.fijilive.com - 28/01/2009
The military has been the cause of coups in Fiji and not electoral reforms, says academic Dr Brij Lal. He emphasized that Pacific Island Forum leaders were not impressed with the electoral reform argument by Fiji.
Dr Lal said we may get the perfect electoral system in place, but unless there is a willingness to respect the rule of law, it will be difficult to have political stability in Fiji. He said in this context, along with a discussion on the electoral system, there should be a vigorous discussion on the role of the military, if any, in the political life of Fiji. “Fiji needs to get away from the, us-vs-them mentality.
There are many countries in the region that are genuinely keen to assist Fiji, want to find a way to break the impasse. But they are looking for some sign of movement on the part of the interim administration.”But he said, “Fiji is unlikely to heed the advice of the Forum Leaders. Just last week Commodore Voreqe Bainimarama talked about taking as long as he needs to make electoral reforms before the next elections”.
“Fiji may be able to ignore the Forum, but the international community is watching. The reaction of the United Nations and the Commonwealth Secretariat will be important. “And a lot rides on the EU's position, especially in regards to the future of the sugar industry.” He stressed Fiji must also realize they have been given breathing space by the Forum, and the right thing for government to do is to think of future directions.
“The effort by the interim administration to drive a wedge between Polynesian and Melanesian islands has failed. Fiji finds itself more isolated than ever before.” He said Fiji must also seriously consider the provision of automatic suspension if the Forum proposal is disregarded.

Fiji Legal System Breaking Down

by Michael Kidd, Wednesday, 21 January 2009,

“The difference between murder and manslaughter is in the element of intent.”- reference link But a recent decision by the Fiji Government to reinstate Francis Kean to the post of Commander of the Navy illustrates just how far the rule of law has fallen in Fiji, and highlights the deficiency of two other decisions of the Fiji High Court.In the State v Kean [2007] FJHC 69; HAC 037.2007 (26 October 2007) the Court sentenced Mr. Kean to just 18 months for manslaughter of a man whom he had kicked in the head on the ground, after advancing on and pulling that person out of a taxi and repeatedly punching - after that person had made some drunken offensive comments which most people would ignore.
The Fiji DPP only charged Mr. Kean with manslaughter when in fact the above factual situation fully fits a murder charge. The Judge in sentencing held that kicking the victim in the head was only an aggravating feature of manslaughter, but did not comment on the inappropriateness of the charge of manslaughter instead of murder.
Mr. Kean is the brother in law of Frank Bainmarama.In January 2007 a law practitioner, who was also a military officer, marched the then Chief Justice out of the CJ’s chambers at the point of a gun. No impropriety has ever been established against Daniel Fatiaki and he recently resigned after reaching an out of court settlement of $250,000.00 with the Fiji Government. The Fiji Law Society quite properly suspended that practitioner’s law practice certificate and after some deliberation reinstated it. The High Court allowed a human rights complaint, by the Fiji Human Rights Commission on behalf of that practitioner, to proceed against the Fiji Law Society even though, according to Australian judicial authority, such action was clearly an abuse of process: Gunns Ltd & Ors v Marr & Ors (No. 2) [2006] VSC 329 (28 August 2006) Supreme Court of Victoria. The court made no attempt to address the submissions by a senior Australian lawyer (myself) brought into Fiji to argue the case.
The Judge sitting on that case was Mr. Justice Gates who was the Acting Chief Justice replacing the unfortunate Fatiaki.Finally, the recent three judge panel (9 October 2008) that decided the December 06 coup was lawful was headed by the same Justice Gates, and it held that the President had authorized the coup even though Mr. Bainmarama had appointed himself acting President during the early part of the coup, and a press announcement from the President’s office on the day of the coup “did not condone” the over throw of the elected Government.
The reasoning given in this judgment was both at variance with the publically known facts and intellectually dishonest as it used British colonial cases whereby various Governor Generals had dismissed colonial governments, and even drew some comfort from the infamous Whitlam dismissal and the use of so called reserve powers. Of course the Whitlam dismissal was given some propriety as elections were called promptly which has not been the case in Fiji.There is a decided murkiness and lack of transparency in these decisions and their associated administrative outcomes which inevitably lead one to question the direction and independence of the judicial process in Fiji.*************
Dr. Michael Kidd is an Auckland barrister who taught law at the University of South Pacific, Suva, 1998 - 2002

Ultimatum to Voreqe and Military Government in Fiji

Read On: http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/2009/forum-leaders-special-retreat-communique-on-fiji.html
PACIFIC ISLANDS FORUM
SPECIAL LEADERS’ RETREAT
Port Moresby, Papua New Guinea
27 January 2009

LEADERS’ DECISIONS
Heads of State and Government of Australia, the Cook Islands, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu; and representatives of Federated States of Micronesia, Fiji and Palau; met in Port Moresby, Papua New Guinea on 27 January 2009 to discuss the situation in Fiji. Leaders noted the apologies received from the Republic of the Marshall Islands for its inability to attend due to circumstances beyond its control.
2. Leaders expressed their thanks to the Government and people of Papua New Guinea for their warm hospitality and generous hosting of the meeting, and the excellent arrangements made for the Retreat.
3. Leaders:
(a) Reiterated the condemnation expressed by them in the Niue Communiqué of the failure of the Fiji Interim Government to demonstrate the necessary political will to fulfil the undertaking made to Forum Leaders in 2007 that it would hold parliamentary elections by March 2009;
(b) Noted and acknowledged the steps taken by the Fiji Interim Government towards re-engagement with the Forum since the Leaders’ Meeting in Niue, including the reconvening of the Forum-Fiji Joint Working Group, and the second visit of the Ministerial Contact Group; but expressed serious concern at the continuing lack of practical preparations for holding elections;
(c) Stated that more than two years of rule by an unelected military government, with no clear timetable for the return of constitutional government to the people, is not acceptable by international standards including those embraced by all Forum members and enshrined in the Biketawa Declaration, and emphasised the need to restore democracy without further delay;
(d) Reaffirmed that there are long-term issues that need to be addressed in Fiji, including through independent and inclusive political dialogue; but that such dialogue must be primarily focused on the holding of elections. The dialogue process should not be the cause for further delay in holding elections;
(e) Called on the Interim Government to take the following actions to demonstrate its commitment to the restoration of parliamentary democracy in Fiji:
(i) provide to Forum Leaders a new timetable agreed with all key political stakeholders, specifying in detail the agreed steps to elections and a return to democracy, and the timing for completing them, reflecting a consensus reached through a genuine, open, inclusive dialogue without threats, preconditions, ultimatums or predetermined outcomes;
(ii) make a clear commitment that any reforms agreed through political dialogue will be implemented in accordance with the Constitution and laws of Fiji;
(iii) undertake and sustain serious and credible election preparations, including allocation of necessary resources to the Office of the Supervisor of Elections, and the prompt preparation of the electoral roll; and
(iv) make a renewed commitment that the military will withdraw from civilian politics following such an election, return to barracks, and submit to the authority of the elected civilian government in accordance with the Constitution;
(f) Agreed, subject to progressing the actions specified at sub-paragraph (e) above, to positively consider providing prompt financial and technical assistance to the President’s Political Dialogue Forum; in recognition of the value of independent and inclusive dialogue as a long-term process to assist in resolving broader issues in Fiji. The specifics of such assistance would be determined in close consultation with the Commonwealth Secretariat and the United Nations;
(g) Reaffirmed the ongoing readiness of Forum members to continue to assist Fiji with preparations for an election, and called on the relevant authorities in Fiji to cooperate fully with Forum members and other donors to expedite such assistance;
(h) Agreed, in furtherance of Forum members’ collective commitment to the fundamental principles enshrined in the Biketawa Declaration, to the imposition of “targeted measures” under paragraph 2(iv) of the Biketawa Declaration in relation to Fiji to take effect unless:

(i) the Fiji Interim Government nominates an election date by 1 May 2009;
(ii) that election is held by the end of December 2009; and
(iii) the actions in paragraph (e) above are taken and publicly declared by 1 May 2009.
(i) Agreed that such targeted measures will comprise the following:
(i) suspension of participation by the Leader, Ministers and officials of the Fiji Interim Government in all Forum meetings and events; and
(ii) ineligibility of the Fiji Interim Government to benefit from Forum regional cooperation initiatives, and new financial and technical assistance, other than assistance toward the restoration of democracy under the framework of the Biketawa Declaration;
(j) Agreed that the targeted measures, if imposed, will remain in place until such time as a democratically elected, civilian parliamentary government is restored in Fiji;
(k) Tasked the Ministerial Contact Group with continued monitoring of the Fiji situation, within the framework of Leaders’ decisions, including in relation to the assessment of the Fiji Interim Government’s compliance with sub-paragraph (e) above, and directed it to report further to Leaders as required and in any case before their 2009 annual meeting in Australia. Such reporting could, if necessary, recommend the partial relaxation of existing measures, or, alternatively, the adoption of further measures, which might include full suspension of Fiji’s membership in the Forum; and
(l) Called on the international community to support the measures outlined above by taking complementary actions to encourage the prompt restoration of elected constitutional government in Fiji.


4. Leaders considered that the timelines specified in these decisions are consistent with the position stated to Forum Leaders by the representative of the Fiji Interim Government on a timetable for the return to democracy.
Port Moresby,
Papua New Guinea
27 January 2009

Sunday, January 04, 2009

Democracy movement appoints officials

Democracy movement appoints officials
3-Jan-2009 11:42 AM

THE Movement of Democracy in Fiji (MDF) which was established on December 5, 2008 has formally appointed its officer bearers and other officials.

Attar Singh, the general secretary of the Fiji Council of Trade Unions (FICTU) has been appointed chairperson of the MDF’s national council, which is its decision-making body.

Retired career civil servant and diplomat Emitai Boladuadua is the council’s deputy chair.

One of the MDF’s principal founders and Fijian Teachers Association president Tevita Koroi made the announcement yesterday.

Apart from the national council, the MDF has a working committee.

Koroi said that the appointment of Singh and Boladuadua had the unanimous support of the MDF members which consists of non-governmental organisations, trade unions, political parties, human rights and women’s groups.

Koroi said the Working Committee level would be responsible for the planning of campaign and activities.

The committee will be chaired by Jeremaia Waqanisau and with Adi Ema Tagicakibau of the Pacific Concerns Resource Center (PCRC)as deputy.

The MDF has established a Fund for the Restoring of the Democracy in Fiji (FRDF) which will support financially to the efforts of the MDF and is edging individuals to donate and contribute towards this fund.

Koroi revealed yesterday that the PCRC will function as the secretariat of the movement.

Singh said that MDF members would campaign for the immediate restoration of the parliamentary democracy, free and fair election, an adherence to the rule and law, the upholding of human rights and the 1997 Constitution.

“We should all understand the need to take the country back to democracy and therefore it’s a call to every organisation and the individuals to join together and work towards restoring democracy in Fiji,” said Singh.



By VASHNEEL PRASAD