Thursday, June 30, 2011

Unions Now Targeted by Fiji Dictatorship

Australia Network News - 30 June 2011


Fiji looks at trade union ban

The Fijian military regime has drawn up plans to amend union laws that would make union representation more difficult for workers in Fiji's national industries.

The Employment Relations Amendment Decree 2011 is yet to be signed by President Ratu Epeli Nailatikau. It is directed at unions, workers and their representatives in Fiji's sugar and airline industries.

The decree states: "Upon commencement of this decree, any union registered under the Employment Relations and Promulgation 2007 which represents workers employed by Critical Corporations must re-register as a representative pursuant to this Decree. 'Critical'" Any and all office-bearers, officers, representatives, executives and members of a union which represents workers employed by Critical Corporations must, at all times, be employees of the Critical Corporation they represent." 

The decree goes on to state that if a union leader is no longer employed by that company, they are not allowed to represent its workers. Any person who fails to comply with the decree could be fined up to $50,000 or face up to five years in jail.

Radio Australia's Pacific Beat approached Fiji's Attorney General Aiyaz Sayed-Khaiyum seeking confirmation the decree would be enacted. But Mr Sayed-Khaiyum said he would not comment on the decree. "I don't comment on conjectures or innuendos or decrees that who knows whoever's written it," he said. 

Fiji Islands' Council of Trade Unions general secretary, Attar Singh, says if the proposed decree is true it could have serious implications for unions and their representatives. "From the stories we hear, the employees from certain industries - industries which are identified as critical - only employees of those industries will be eligible to become union officials," he said. "Outsiders and professional unionists will not be entitled to seek election. It is also rumoured that it might mean the level of union activity will also be quite restricted."So what that will effectively mean that unions will no longer be effective in getting out there towards their members. And that of course will make union activity quite restrictive in the workplace and also at a national level. 

"The Australian Council of Trade Unions' International Officer Grant Belchamber has seen the decree and says it is just one among many the ACTU is concerned about. "We've seen four or five decrees since the military government abrogated the Fiji constitution," he said.

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Wednesday, June 29, 2011

No election in 2014 : Dictator Bainimarama’s Text Message

Posted on Raw Fiji News - 29 June 2011


Fiji military Commander Bainimarama delivers a statement to news media in Suva (file photo)
Foul mouthed Frank Bainimarama
A text message from Frank Bainimarama’s mobile cited by Raw Fiji News (RFN) say there will be no election in 2014 which is contrary to what the dictator and his side kick Aiyaz Khaiyum said recently on his TV3 interview aired in New Zealand lately.
The Fiji mobile number 9905798 where the text message was sent from is the same number Frank Bainimarama claims is his own and he has been on record telling the Fijian public to call him on that same number if they have any complaints or issues they want to raise with him.
We’re not sure how many people have managed to speak directly to Frank on that mobile number but after reading through the text messages exchanged between Rajesh Singh, secretary of the newly formed Fiji Democracy and Freedom Movement New Zealand, and Frank’s mobile, another person by the name of Naliva had identified himself as the person using Frank’s mobile number.
Naliva is a senior military officer who was named by victims as a key person inflicting torture on Fijian civilians.
According to Naliva, “the boss” said there will be no election because the people don’t want it.
Profane words were sent from Frank Bainimarama’s mobile phone leaving much to be desired on the mindset of the phone owner and user.
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Dictator Bainimarama caught with his racist slurs to NZ based Fiji Democracy and Freedom Movement

29 June, 2011
MEDIA RELEASE – 2/11
NO ELECTION IN FIJI– FRANK BAINIMARAMA
In a series of shocking sms messages, Fiji’s illegal and self appointed prime minister has now confirmed that elections in Fiji will never be held.
The truth about the elections slipped out in one of the many abusive, racially inflammatory and vulgar text messages sent by Bainimarama himself from his prime ministerial mobile number; (9905798) at about midday to my mobile (0212087182) on Sunday, 26 June. Everyone in Fiji knows that this number belongs to the dictator.
This revelation fits in with the recent statement by the Prime Minister of Samoa, Tuilaepa Sailele Malielelagaoi expressing his opinion that the 2014 elections promised by Bainimarama must not be taken with any seriousness at all. Prime Minister Tuilaepa Sailele referred to Bainimarama’s dishonest conduct in dealing with the Forum when he failed to honor his promise of elections in 2009 as reasons why promises by Bainimarama were meaningless.
“The revelations contained in the bizarre messages coming from a deranged leader who has completely lost the plot and stands completely isolated, internationally and regionally. This is typical Bainimarama with little education and poor intellect caught in his web of lies and deceit”.
As usual Bainimarama mocked indigenous institutions such as the  GCC and showed utter contempt for the Methodist Church and the Vanua. However, this time the Indian community has been maligned as well. The man who professes to be  eliminating racism in Fiji has a totally different view about Indians privately. He insinuated that there is a category of low class Indians in Fiji. Can Bainimarama come clean on his low class Indian remark? These insults will not be forgotten easily and makes a mockery of his so called charade for equal rights for all citizens. He is a hypocrite using the Indian community for his own preservation and glorification. Instead of uniting the nation he is dividing the people by class of sorts.
His diatribe did not stop here. He made shameful reference to the Moari people to my horror. This is very disturbing indeed. Hurling insults will not get him anywhere and he should seek anger management and psychological help with some urgency.
The convictions of an agitated man confirm one thing clearly. The man is unstable and cannot be trusted. This information gives us more reason to work together and force his regime out. His true personality comes through clearly with his disgusting and shameful remarks.
The question remains how can we condone such as person to lead a government of any form or shape?
Rajesh Singh
[Secretary]



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DAVID FOWLER BURNESS Vs FIJI NATIONAL PROVIDENT FUND

Posted on Coup Four Point Five - 29 June 2011


Regime and FNPF taken to court over proposed changes

A 75 year old beneficiary is taking the Fiji National Provident Fund and the illegal attorney general, Aiyaz Sayed Khaiyum, to court, to stop any ammendments to the FNPF Act.

David Fowler Burness, who lives at Suva Point with his wife, says he is seeking human rights protection in relation to the proposed review of the FNPF indended to reduce his pension.

He says his human right to live with dignity in old age, his right to protection of his property, his right to social security, and his right to life, all of which the Republic of Fiji, as a member of the United Nations, is compelled to protect, will be violated if the proposed reforms are enacted.

Burgess is being represented by Dr Shaista Shameem of ShameemLaw.

Dr Shameem says her client's application states that the proposed review of the FNPF pension scheme will unfairly discriminate against Mr Burness and will breach the contract between the Fiji National Provident Fund and Mr Burness. She says the fiduciary duty of FNPF towards Mr Burness as a pensioner, as well as FNPF’s contractual obligations towards him, is included in the action as grounds for legal scrutiny by the High Court.

FNPF has said that from this Friday, the illegal regime will enact a new law reducing the pensions of those already receiving benefits.

Dr Shameem says the High Court has told her it will hear her application on July 4th, which will be no use at all if the FNPF Decree comes in on July 1.

She says the illegal Attorney General's Decrees are always non-reviewable, ie the courts can't review them, she suspects her application will be given a certificate of termination, as it has happened to her recently with a case in the Employment Tribunal which was cancelled by the Registry bcause of ERP Decree 21.

Dr Shameem says the FNPF proposal is an outrageous disrespect for the rights of elderly beneficiaries who have contributed so much to Fiji’s economy through their hard work and total dedication to Fiji.

She says that her law firm has made an ancillary application on behalf of Mr Burness for an interim injunction against the Fiji National Provident Fund, the Republic of Fiji, and the Attorney General.

But it still has not heard from the court to hear her ex parte application and doesn't know why there is a hold up, considering the proposed changes are just two days away from being implemented.

Dr Shameem said Mr Burness’ application is a public interest matter of grave significance and it would be foolish of the regime to enact a Decree merely to thwart the desire of Mr Burness, and other pensioners in the same position, to have their legitimate grievances regarding the FNPF properly adjudicated.

In a statement, Dr Shameem urged the regime to let the Court make its decision on the basis of legal issues and not preampt its functions by promulgating a Decree just to frustrate pensioners’ right to be heard by the courts.

Dr Shameem said that she was confident that the High Court would consider her application on its merits as a human rights application.

"The application was made pursuant to the Human Rights Commission Decree No 11 of 2009 and international human rights law, and relies on the common law on human rights, contracts and fiduciary duty of the State."

ShameemLaw has served court papers on the FNPF, the Republic of Fiji and the Attorney General.

READ BELOW PAPERS FILED AS PART OF THE APPLICATION

IN THE MATTER OF DAVID FOWLER BURNESS v THE FIJI NATIONAL PROVIDENT FUND, THE REPUBLIC OF FIJI AND THE ATTORNEY GENERAL HBC CIVIL ACTION 183 OF 2011 

PRESS STATEMENT 
Fiji’s legal firm, ShameemLaw, has made an application in the High Court on behalf of its client, Mr David Fowler Burness, for human rights protection against unfair discrimination on the grounds of age. The application states that the proposed review of the Fiji National Provident Fund (FNPF) pension scheme will unfairly discriminate against Mr Burness and will breach the contract between the Fiji National Provident Fund and Mr Burness. The fiduciary duty of FNPF towards Mr Burness as a pensioner, as well as FNPF’s contractual obligations towards him, is included in the action as grounds for legal scrutiny by the High Court.
 
Mr Burness is a 75 year old beneficiary of the FNPF who says that his human right to live with dignity in old age, his right to protection of his property, his right to social security, and his right to life, all of which the Republic of Fiji, as a member of the United Nations, is compelled to protect, will be violated if the proposed reforms are enacted. FNPF has said that on July 1 2011 Government will enact a new law reducing the pensions of those already receiving benefits. The principal of ShameemLaw, Dr Shaista Shameem, states that this proposal is an outrageous disrespect for the rights of elderly beneficiaries who have contributed so much to Fiji’s economy through their hard work and total dedication to Fiji.

Ex-parte application for interim injunction against July 1 possible enactment of a new FNPF Decree
 
ShameemLaw yesterday also made an ancillary application on behalf of Mr Burness for an interim injunction against the Fiji National Provident Fund, the Republic of Fiji, and the Attorney General This application is still before the Chief Justice of Fiji for review, which is expected on June 28th. Dr Shameem will communicate the decision of the Chief Justice to the public. Dr Shameem informs the press that, since the proposed reforms were expected to be enacted by a non-reviewable Decree on July 1, her client wished to have the Court grant his application for an ex-parte injunction because the enactment of a Decree will be used to cancel or terminate his application; this would frustrate Mr Burness’ right to a remedy in the courts of Fiji which in itself would be a violation of Fiji’s obligations to protect and promote international human rights law. Dr Shameem said that if there is any Decree promulgated to terminate the proceedings, ShameemLaw would consider what further actions would be appropriate for her law firm to take.
 
Dr Shameem said Mr Burness’ application was a public interest matter of grave significance. She says it would be foolish of the Government to enact a Decree merely to thwart the desire of Mr Burness, and other pensioners in the same position, to have their legitimate grievances regarding the FNPF properly adjudicated. She urges the Government to let the Court make its decision on the basis of legal issues and not preampt its functions by promulgating a Decree just to frustrate pensioners’ right to be heard by the courts. Dr Shameem said that she was confident that the High Court would consider her application on its merits as a human rights application. The application was made pursuant to the Human Rights Commission Decree No 11 of 2009 and international human rights law, and relies on the common law on human rights, contracts and fiduciary duty of the State.
 
The High Court has set the date for the first mention on Mr Burness’ inter-partes application on 4th July. ShameemLaw today served court papers on the FNPF, the Republic of Fiji and the Attorney General.
 
The Notice of Motion and Affidavit in support are attached to this Press Statement for the information of the public. Stamped court copies of the documents will be available at the press conference to be held at a time and place advised today.

For further information members of the press and the public are invited to contact Dr Shaista Shameem on mobile number 9514751 or shaistashameem5@gmail.com or info@law.com.fj . 


Dr Shaista Shameem 
Principal 
ShameemLaw 

28th June 2011
________________________________________________________________________________


IN THE HIGH COURT OF FIJI 
CIVIL JURISDICTION HUMAN RIGHTS COMMISSION DECREE 2009 
AT SUVA CIVIL ACTION NO OF 2011 



BETWEEN : DAVID FOWLER BURNESS 

APPLICANT 

AND : FIJI NATIONAL PROVIDENT FUND 

FIRST RESPONDENT 

AND : THE REPUBLIC OF FIJI 

SECOND RESPONDENT 

AND : THE ATTORNEY GENERAL OF FIJI 

THIRD RESPONDENT 

NOTICE OF MOTION 

TAKE NOTICE that this Honourable Court will be moved on day of 2011 at the hour of o’clock in the noon, or soon thereafter as counsel on behalf of the Applicant can be heard for the following relief: 

1. THAT the Court declare, as a human rights protective remedy, that the Applicant David Fowler Burness’ pension benefit in the form of his Fiji National Provident Fund cannot be reduced in any shape or form by the Fiji National Provident Fund Board, the Republic of Fiji and /or the Attorney General at any time. 

2. THAT the proposed review of the Fiji National Provident Fund Act and Pension Scheme which will reduce the pensions of members, in the applicant’s case by 64%, is unfair discrimination within the meaning of unfair discrimination in Fiji’s human rights law and the obligation of the Republic of Fiji to comply with United Nations international human rights law prohibiting unfair discrimination on the grounds inter alia of age, status and personal characteristics and circumstances. 

3. THAT the proposed review of the Fiji National Provident Fund in the terms communicated to the members of the Fund constitutes a breach of contract entered into between the Applicant, David Fowler Burness, the FNPF Board and the Government of Fiji. 

4. THAT prior to the Fiji National Provident Fund Board reviewing the FNPF Act, it be declared by the Court that the Respondents appoint an independent person or body such as a judicial Commission of Inquiry, appointed through an open selection process, to inquire into the past financial dealings of the Fiji National Provident Fund with a view to independently auditing the Fund, providing the Applicant and other members of the Fund with a comprehensive report on the Fund’s use, including lending, finances, decision-making of previous and current Boards, and related matters, which the Board has stated in its public meetings as being the reason for the current problems with the Fund which necessitate the reduction of pension benefits to the Applicant. 

5. THAT the terms of reference of the Independent Commission be drafted in consultation with the beneficiaries of the Fund. 

6. THAT the intended review of the FNPF Act shall be shelved until such time as the independent body or Commission has communicated its findings and recommendations to the members of the Fund. The Applicant seeks an Interim Order to this effect from the Court. 

7. THAT, in any event, the Court declare that any FNPF review intending to reduce or adversely change or alter the current pension benefit of the Applicant would constitute a breach of his human right to dignity in old age, to social security, his right to life, breach of fiduciary duty of the Board, and the State’s contractual obligations to him since the Fiji National Provident Fund was a mandatory pension Fund at the time the Applicant was working, and he was denied the opportunity by law to contribute to another pension scheme during his working life. 

8. THAT, in addition, the Applicant seeks all the remedies available in the Human Rights Commission Decree, relevant common law, and international human rights law. 

9. Any other relief that the Court may grant in its discretion. 


This Notice of Motion is filed pursuant to section 38 (5) of the Human Rights Commission Decree No 11 of 2009, relevant common law, and international human rights law applicable to the Republic of Fiji as a member of the United Nations.

The Application for Human Rights redress relies upon the sworn affidavit of Mr David Fowler Burness, pensioner, of 44 Beach Road, Suva Point and the just guidance of the Honourable Court at the hearing of the Motion. 

Dated at SUVA this 27th day of June 2011 

Dr Shaista Shameem 
ShameemLaw 
Per solicitors for the Applicant 


IN THE HIGH COURT OF FIJI 
CIVIL JURISDICTION HUMAN RIGHTS COMMISSION DECREE 2009 
AT SUVA CIVIL ACTION NO OF 2011
 


BETWEEN : DAVID FOWLER BURNESS 

APPLICANT 

AND : FIJI NATIONAL PROVIDENT FUND 

FIRST RESPONDENT 

AND : THE REPUBLIC OF FIJI 

SECOND RESPONDENT 

AND : THE ATTORNEY GENERAL OF FIJI 

THIRD RESPONDENT 

NOTICE OF MOTION 
Address for Service 
c/- David F. Burness, 
44 Beach Road, 
Suva Point Mobile 9514751


________________________________________________________________________________



IN THE HIGH COURT OF FIJI 
CIVIL JURISDICTION HUMAN RIGHTS COMMISSION DECREE 2009 
AT SUVA CIVIL ACTION NO OF 2011 



BETWEEN : DAVID FOWLER BURNESS 

APPLICANT 

AND : FIJI NATIONAL PROVIDENT FUND 

FIRST RESPONDENT 

AND : THE REPUBLIC OF FIJI 

SECOND RESPONDENT 

AND : THE ATTORNEY GENERAL OF FIJI 


THIRD RESPONDENT 

AFFIDAVIT IN SUPPORT OF APPLICATION FOR HUMAN RIGHTS PROTECTION 

I, DAVID FOWLER BURNESS of 44 Beach Road, Suva Point, Suva, make oath and say as follows: 

1. I am the Applicant and I depose this affidavit in support of my application to seek human rights protection in the High Court of Fiji in relation to the proposed review of the Fiji National Provident intended to reduce my pension. 

2. The contents of this affidavit are true in so far as they are within my knowledge, information and belief. Where the contents are not within my personal knowledge, the source of that knowledge is stated and the contents are true to the best of my information, knowledge and belief.

3. My counsel, solicitor and barrister Dr Shaista Shameem, has been instructed by me to institute these proceedings in the High Court, pursuant to section 38 (5) of the Human Rights Commission Decree No 11 of 2009, relevant common law, and international human rights law to protect my human rights as a pensioner in Fiji. 

4. I was born in Fiji on 24th August 1936 

5. I worked in Fiji from 1970 to 2000 in the occupation of Manager 

6. I was a member of the Fiji National Provident Fund (FNPF) since 1970 

7. I was not a member of any other pension fund 

8. On 24 August I retired and opted to take my pension fund from FNPF in the form of a monthly benefit. 

9. At the time I retired I had a pension fund provided to me of 25% of Gross Contribution. 

10. Until 2009 I was under the impression that this pension benefit would provide for me until my death. 

11. My pension fund and that of my wife constitute the sole income from which we pay for all our necessities of life, including utility bills, medical expenses, food and incidentals. 

12. My wife and I are physically independent and our contributions to the FNPF Fund were supposed to provide for all our needs without any support required from family or the state. 

13. We own our home in Suva Point and fully expected to pass our twilight years there until our deaths. 

14. On 19th June 2009 a disquieting report appeared on the FNPF website quoting the Chairman of the FNPF Board, Mr Parmesh Chand, as stating that a review of the Pension Scheme was due to take place. Mr Chand was quoted as stating that ‘a majority of pensioners have outlived their pension with some earning more than three times their balance on retirement’. He was quoted as saying. ‘this is unfair and inequitable. We cannot allow this trend to continue, as the Fund is not only for those pensioners already enjoying benefits but for future generations as well’. Attached as Annexure 1 is a copy of that statement. 

15. It was reported that the review of the Pension Fund was to be conducted by Mercer (Australia) Pty Limited as Actuarial Consultant. 

16. From 2009 to the present day I have not been able to receive any such reports and recommendations of various reviews from the FNPF, which is a Trust that should be working for the benefit of the members. The information that I have received has been only from newspaper reports, information from friends and technical reports which are not always clear. 

17. A few months ago the public was informed that a review of the FNPF pension scheme was inevitable and that the Board would hold a series of consultations throughout Fiji to inform members of the proposed review and receive submissions. 

18. I went to a number of these meetings and, along with other members of the public, sought specific information from the Board on why our pension funds were depleting and why we had not been informed of the various investments that FNPF had entered into and the way in which the Fund was mismanaged in the past, as was reported in these public meetings. 

19. Recently, I became aware of the report written by the accountant firm Ernst and Young which pointed to the suspect practices of the past Boards in allocating loans to certain big businesses in Fiji without due diligence and transparency, at great risk to the Funds. This report was not disclosed to the members although it was done some years ago. Attached as Annexure 2 is a copy of part of this Report. 

20. When we brought this concern up at the public meetings we were informed by the Chief Executive of the FNPF and members of the Board that the Board did not want to look to the past but wanted to ‘move forward’ with proposals for reform. 

21. This attitude did not impress me as being consultative in nature; in fact, while the members’ views were politely listened to, there was an impression gained that the FNPF and the government had made up its mind that the pension funds of members already in retirement would be reduced to the tune of 64%. In my case my pension would be reduced from the 25% return, with which I had retired, to 9%. 

22. This reduction will impoverish me and my family since both my wife and I are over the age of 60 and unlikely to ever return to full time employment to support ourselves. 

23. I had expected that after the public submissions the FNPF Board would review its position to reduce our pensions which we are already receiving as old age beneficiaries. 

24. However, on Saturday 25th June 2011, that is yesterday, the Fiji Times at page 22 carried an advertisement headed ‘FNPF Acknowledges Submissions’; what is worrying is the last paragraph: ‘The Fund assures you that all submissions will be given consideration and that any changes will be communicated to you’. Attached as Annexure 3 is a copy of the advertisement. 

25. I interpret this paragraph to mean that the changes will take place and since the Board has stated from 2009 that those who ‘outlived their pension’ have caused unfairness and inequity to the Fund itself, which is not correct since the Ernst and Young report shows that the managers of the Fund have been negligent, the advertisement in the Fiji Times gives me much cause for concern that my rights as a pensioner and as an elderly person are likely to be breached by the FNPF Board, the State and those who make laws by Decree in Fiji. Both FNPF Board statements indicate that my right to live as long as I am able to, my right to live in dignity with my own old-age pension that I have earned a right to, and my right to health, welfare and dignity, as well as social security, which the state of Fiji as a member of the United Nations family of states is obliged to protect and promote, are all threatened. 

26. It is obvious to me that once a Decree is promulgated changing FNPF Act, I will not have recourse in the courts due to the exclusionary clauses contained in Decrees of this nature. 

27. For this reason I am also respectfully requesting the Court to make an interim human rights order to prevent any amendments to the FNPF Act until my Notice of Motion has been heard and determined by the Honourable Court. 

28. I respectfully seek leave to file a further affidavit in due course as there are other examples of FNPF’s failure to act in my interest as a beneficiary that I would like to bring to the Court’s attention but because I had wished to make this application as an urgent measure I was unable to annex additional evidence at this time. 

29. I pray that my Notice of Motion is heard by the Court at its early convenience as an urgent measure given the circumstances. 

SWORN at Suva by DAVID FOWLER BURNESS …………………………… 
this 27th day of June 2011 before me: 

………………………………………………………………………… 
Commissoner for Oaths 
________________________________________________________________________________


Lealea: Divisions Can be Resolved

Posted by Coup Four Point Five - 29 June 2011


An interview with Sai Lealea, the interim president of the newly formed Fiji Pro-Democracy Movement in Wellington
1) How many meetings are planned for Roko Ului to meet the community, in Auckland and Wellington?
Am only looking at meetings in Wellington and subject to Mara's VISA & liaison with Aussie, keen to have a number of meetings in addition to community. Others to include, Politicians (Party Leaders/Spokespeople), Academics, Business/Legal, Tangata Whenua. All just proposals at this stage.

2) If the Government allows him to stay longer, how many meetings (and where) are anticipated?
Keen to have meetings in main centres. Contact and interest already shown by Christchurch and other centres to be confirmed.

3) Isn't the two weeks pushing it? John Key and Murray McCully have already said Mara has to stay on the travel ban rather than be taken of, as Australia has done. 
We need to make the case that Mara offers real chance to add impetus to hasten regime change in Fiji. More to be gained working with him than without, something Australia has grasped. It is after all the same outcome we all seek for Fiji.

4) Regarding the current divisions involving the Fiji Coalition and Rajesh Singh's new group - isn't Mara dividing rather than uniting people? 
Division is more in terms of means to achieve same outcome. Therefore, need to connect all groups to same, ultimate result we all striving towards while respecting how groups aim to achieve it. 
5) Where is the Indo-Fijian support? 
My sense, some have already joined groups already in place. But most waiting to see how things pan out with various groups and direction offered by key leaders. I do know, most want the same result but initially cautious about how to go about expressing it. Impetus and momentum now underway will also force people to declare their positions/allegiances.
6) The meeting numbers have been low in Australia - will they be better in Akl and Wellington?
With time, I believe momentum will pick up as message on how bad situation in Fiji really is gets shared around and as people feel confident regime change for the better is a real possibility.
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Tuesday, June 28, 2011

Aiyaz Khaiyum and Shaista Shameem begin their mauling game

Posted on Raw Fiji News - 28 June 2011


One time Fiji’s  Inhuman Rights Commission head, Shaista Shameem, has resurfaced after her May 2009 unceremonial removal by the military regime she once served.
This is the same controversial woman who privately informed blogger Victor Lal how Aiyaz Khaiyum,Christopher Pryde and her had conspired to pervert the cause of justice against deposed Prime Minster Laisenia Qarase so that she and the criminal bunch in the regime could torture their critics while fattening themselves on taxpayers dosh.
She was also responsible for the deportation of Fiji Sun publisher Russell Hunter and denied any legal representation to civilians who were tortured soon after the coup because they had “restricted” rights.
Sources say Shaista Shameem is a well known anti-indigenous Fijian individual and will not represent any case involving indigenous rights.
Her re-emergence with her high court application on behalf of one David Burness, is going to be an interesting one in a show-down of a dog eating a dog given her prior allegiance to the regime she is now up against.
It’s a classic case of a rotweiller (Shaista) pitting against another rotweiller (Aiyaz) and we say, good luck guys!
Unpopular and biased Shaista Shameem
Shameem Law makes application in high court
Legal firm, Shameem Law has made an application in the High Court on behalf of its client, David Burness, for human rights protection against unfair discrimination on the grounds of age based on the review of the FNPF Pension Scheme.
The case is between 75 year old Fund pensioner Burness and the FNPF, the Republic of Fiji and the Attorney General.
The Principal of Shameem Law, Doctor Shaista Shameem said the court application states that the proposed review of the FNPF pension scheme will unfairly discriminate against Burness and will breach the contract between the Fiji National Provident Fund and Burness.
The court application is seeking a declaration that as a human rights protection remedy, Burness’ FNPF pension benefit cannot be reduced in any shape or form by the FNPF board, the Republic of Fiji and/or the Attorney General at any time.
It also said the proposed review of the FNPF constitutes a breach of the contract entered between David Burness, the FNPF board and the Government of Fiji.
Burness’ application is also asking the court to declare that an independent person or body such as a judicial Commission of Inquiry be appointed to inquire into the past financial dealings of the FNPF with a view to independently auditing the Fund, provide Burness and other members of FNPF with a report on the Fund’s use, including lending, finances, decision-making of previous and current boards and related matters.
The application further asks the High Court to shelve the intended review of the FNPF Act until such time as the independent Commission makes its findings and recommendations to the members of the Fund.
Shameem Law has also made an application on behalf of David Burness for an interim injunction against the FNPF, the Republic of Fiji the Attorney General.
The application is before the Chief Justice for review.
Doctor Shameem said since the proposed FNPF reforms were expected to be enacted by a decree on July 1st, her client wishes to have the court grant an injunction because the enactment of a decree will be used to cancel or terminate his court application.
Shameem Law has today served the court papers on the FNPF, the Republic of Fiji and the Attorney General.
Story by: Vijay Narayan
Fiji Village News


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Frank Bainimarama and Aiyaz Khaiyum soon to face same fate as Gaddafi


Statement by ICC Prosecutor on decision by Pre-Trial Chamber I to issue three warrants of arrest for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdulla Al-Senussi

ICC Prosecutor at the Press Conference on 28 June 2011 at the seat of the Court in The Hague © ICC-CPI

Just 4 months ago, the world requested justice for crimes committed in Libya and the UN Security Council unanimously asked for the intervention of the International Criminal Court. Yesterday, the Court delivered its first decision, it issued arrest warrants against Muammar Gaddafi, his son Saif Al-Islam Gaddafi and Abdullah Al Senussi for shooting civilians on the streets and persecuting alleged dissidents in their homes as crimes against humanity. The Judges considered that they have to be arrested to prevent them from using their powers to continue the commission of crimes.
Today, it is time for arrest. Let me clarify who should arrest them and how they can do it.
Libya has the primary responsibility to implement the arrest warrants. Libya is not a State Party of the Rome Statute, but it is a member of the United Nations since 1955. Libya has to comply with UN Security Council Resolution 1970, which specifically called on Libya to ‘cooperate fully with and provide any necessary assistance to the Court and the Prosecutor.’
The Court will notify the Libyan government based in Tripoli of its decision. Gaddafi’s inner circle is the first option: they can be part of the problem and be prosecuted, or they can be part of the solution, work together with the other Libyans and stop the crimes.
Second option, the Interim National Council has expressed its will to implement the arrest warrants. Justice Minister Mohamed Al Alagi is here, and Prime Minister Mahmoud Gibril is coming tomorrow. They will explain their plans as soon they are ready.
International forces operating under UN Security Council Resolution 1973 have no specific mandate to implement arrest warrants, and the Court is not asking for that.
More than ever there is an urgent need for negotiations. But negotiations have to respect UN Security Council Resolution 1970 to do justice in Libya and the Court’s decision that Gaddafi, his son Saif and Al Sanussi should be arrested.
There are two clear legal limits. Gaddafi cannot retain power to keep attacking his victims. If Gaddafi travels to a State Party of the Rome Statute, he should be arrested.
The Office of the Prosecutor will continue investigating new crimes regarding the situation in Libya since 15 February 2011, in particular allegations of rapes and efforts to cover up the crimes; we will eventually add new charges to the same case.
Source: Office of the Prosecutor
http://www.icc-cpi.int/NR/exeres/915430BA-41F7-4969-9BC4-5DEB52C74DB9.htm
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Fiji High Court delays pension case

by Jemima Garrett
Australia Network News
The independence of Fiji’s judiciary has come under scrutiny following the High Court’s delays in processing a case involving the country’s pension fund.
Pensioner David Burness, 75, has taken his case to the High Court in an attempt to stop the National Provident Fund from going ahead with a planned cut to the pension.
A decree implementing the cut is expected on July 1 but the High Court has set Mr Burness’s hearing date for July 4.
Mr Burness’s lawyer, Shaista Shameem, says if a decree is presented before the case is heard Mr Burness will lose his chance for justice.
Ms Shameem has made an urgent application to the High Court for an interim injunction to halt the decree but has not had a reply.
She says the lack of reply is disquieting, saying the application is a matter of public interest and grave significance.
http://australianetworknews.com/stories/201106/3255775.htm?desktop
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ILO seriously concerned about alleged attacks on Fiji union chiefs by military

Radio New Zealand International News
Fiji’s leading union chief, Attar Singh of Fiji Islands Council of Trade Union
The International Labour Organisation has expressed its serious concern to Fiji’s interim regime about a series of alleged beatings and intimidation of union chiefs in the country.
The general secretary of the Fiji Trades Union Congress Felix Anthony is alleged to have been beaten by the military in March.
The ILO representative in Suva, David Lamotte, says the President of the Ba Branch of the Fiji Sugar and General Workers Union, Mohammed Khalil, is alleged to have been attacked by two military personnel on the 22nd of this month.
Mr Lamotte says he has been in touch with Mr Khalil following the alleged assault.
“I have personally inquired into Mr Khalil’s wellbeing. I am told that he is OK and he is in shock and has taken a week’s sick leave. The ILO is now working with our international partners to look at a more comprehensive strategy in how we respond to these issues.”
Mr Lamotte says he has requested meetings with the interim government on the matter and the ILO has suggested a high level delegation also travels to Suva to meet with government offcials.
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