The Bainimarama Regime has purportedly made numerous changes to the laws of Fiji, including the imposition of its own constitution, the 2013 Bainimarama/Khaiyum Constitution (2013 BKC). These laws are “operational” (i.e. being implemented by the judiciary) in the absence of any significant physical opposition or popular uprising from the people of Fiji. Many voters will however have strong views on some of the changes implemented by the 2013 BKC. Voters and political parties should not waste their energies on debating the many changes which a future elected parliament will have every moral and lawful authority to change. Voters simply need to know the stand of the political parties on the following: Issue 1: Which constitution do we have now? The average voters do not have a clue and probably do not care: they will simply go along with the Bainimarama Government who control the judiciary, army and police. The voters will take part in the elections under whatever electoral regulations this regime decides on. This is the pragmatic position taken by the existing political parties who simply want the return of an elected parliamentary government. But the ultimate judge of the validity of a constitution has to be the judiciary, which has not made, or has not been allowed to make a judgment, following the definitive 2009 Court of Appeal. The current situation appears confusing partly because the Ghai Constitution Commission made the critical mistake of attempting to present a “new” draft constitution, rather than an “Amendment” of the 1997 Constitution. Readers may wish to read the following which was part of my Final Submission to the Yash Ghai Commission: http://narseyonfiji.wordpress.com/2012/12/27/wadan-narsey-final-submission-to-yash-ghai-commission-in-segments/b-new-or-revised-constition-and-how-it-is-not-semantics/ Any constitutional revision, must itself abide by the “rule of law” already existing. The public can recall the words of the current Chief Justice (Anthony Gates) in his ruling in the case Koroi v Commissioner of Inland Revenue (2001). “It is not possible for any man to tear up the Constitution. He has no authority to do so. The Constitution remains in place until amended by Parliament, a body of elected members who collectively represent all of the voters and inhabitants of Fiji… Usurpers may take over as they have in other jurisdictions, and in some cases rule for many years apparently outside of, or without the Constitution. Eventually the original order has to be revisited, and the Constitution resurfaces .. and the courts will not assist usurpers simply because they are numerous, powerful, or even popular.” Technically, the 1997 Constitution is still in place. Therefore all contentious decrees or actions of the Bainimarama Government since December 2006 must be verified by a future elected parliament, or changed, as explained in my Submission to the Ghai Commission here: http://narseyonfiji.wordpress.com/2012/12/27/wadan-narsey-final-submission-to-yash-ghai-commission-in-segments/e-contentious-issues-should-be-decided-by-the-next-parliament/ The issues discussed further in this Bulletin 3 cannot be decided by a military dictatorship, however “progressive” some changes may appear to be, to some of our citizens. Voters need to ask political parties whether (a) they support the 1997 Constitution; and (b) they believe that the next elected parliament will be free to examine any changes from the 1997 Constitution, implied by the 2013 BKC and any changes proposed by the Ghai Draft Constitution. Issue 2 The special place of indigenous Fijians The UN Declaration on the Rights of Indigenous Peoples, was verified by the General Assembly in 2007. While accepting the fundamental equality of all peoples, the Declaration nevertheless noted that indigenous peoples the world over have suffered marginalization through colonialism and globalization. The UN recognized the need to respect and promote the rights of indigenous peoples affirmed in historical treaties and other constructive agreements with the state. The UN declaration encouraged states to enhance indigenous peoples rights through consultation and co-operation with them (and not by force). Article 5 states clearly that indigenous people “have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions”. Just these few references suggest that the Bainimarama Regime, through the 2013 BKC and other decrees, is forcing many changes on the Fijian people and institutions in complete contradiction of the UN Convention: abolishing the GCC, removing the term “Fijian” from the indigenous people’s exclusive use, banning the use of Fijian names of political parties, etc.). Voters may ask all political parties to declare their position on the UN Declaration on the Rights of Indigenous Peoples, and their relevance for indigenous Fijians in the laws of Fiji. Issue 3 Great Council of Chiefs (GCC) Some may argue that the GCC has not served either the interests of indigenous Fijians or Fiji as a whole, as well as they could have and that the Bainimarama Government was right to “close down” the GCC. The first part of this statement may well be correct, as is suggested in this article of mine. https://narseyonfiji.wordpress.com/2012/03/17/the-great-council-of-chiefs-suspension-not-a-winding-up-order-but-a-wake-up-call-the-fiji-times-28-july-2007/ However, an unelected military government has no moral or legal authority to close down an institution which was an integral part of the system of governance approved by all elected Fiji parliaments. The next elected parliament will be free to resuscitate the GCC in its former or any reformed form. Votes may ask all political parties to declare their position on the Great Council of Chiefs, following an elected Parliament. Issue 4 The Senate The Senate was a useful “checks and balances” mechanism, to the elected House of Representatives- a useful “Upper House of Review” able to present a more mature perspective, less influenced by “populist” opinion. It was an integral part of the 1997 Constitution in many ways. The next elected parliament will be free to resuscitate the Senate in its former or some reformed form. Voters may ask all political parties to declare their position on the Senate following an elected Parliament. Issue 5 Changes to land and mineral resources legislation It is not for the unelected Bainimarama Government to bring about any changes to Fiji’s land and natural resources legislation. These will all need to be revisited by the next elected Parliament. Voters may ask all political parties to declare their position on all land legislation decreed by the Bainimarama Government, and their stand following an elected Parliament. Issue 6 The electoral system to be used for future elections. The coming elections will be held under whatever regulations are issued by the Bainimarama Government. Given the secrecy of the Bainimarama Government and non-accountability, the Fiji public still has no idea what the system will be. However, the elected Fiji Parliament will be free to change the electoral system in way they wish. My submission to the Ghai Commission for a desirable electoral system may be read here: http://narseyonfiji.wordpress.com/2012/12/27/wadan-narsey-final-submission-to-yash-ghai-commission-in-segments/d-my-recommendations-for-the-electoral-system/ Voters may ask all political parties to declare their position on their vision of a future electoral system, following an elected Parliament. Issue 7 The common name to be used for Fiji citizens (“Fijians” or whatever). For some Fiji citizens, one of the positive initiatives of the Bainimarama Regime has been the attempt to create a common national identity and common name for all Fiji citizens. There is no dispute with the attempt to create a common national identity. However, the decreed use of the word “Fijian” to describe all Fiji citizens is contentious on a number of grounds, as I have attempted to explain here: https://narseyonfiji.wordpress.com/2012/03/18/fijians-i-taukei-indians-and-indo-fijians-name-changes-by-military-decree/ Such name changes must not only be left to Parliamentary majority, but should require some consensus from the indigenous Fijian community who have historically been associated with this name. Voters may ask all political parties to declare their position on the use of the word “Fijian” to describe all Fiji citizens, following an elected Parliament. Issue 8 Immunity for coup perpetrators and supporters While immunity may be granted by an elected parliament, such total immunity may not be granted for the abuse of fundamental human rights. The nature and extent of the immunity that the Bainimarama Government is granting itself may be read here: http://narseyonfiji.files.wordpress.com/2012/12/c-non-negotiable-aspects-of-the-draft-constitution.pdf The next elected parliament will need to revisit the entire question of immunity. Voters may ask all political parties to declare their position on immunity provisions, following an elected Parliament. Fijivillage News wrote: "Ro Teimumu Kepa claimed in the SODELPA Special General Assembly that the official from the Ethics and Disciplinary Unit said that Christian prayers at Suva Grammar are unconstitutional...When questioned, the Education Minister, Filipe Bole said no such directive has been issued."Vijay Narayan! HERE IS THE EVIDENCE. TAKE THE E-MAIL AND SHOW IT TO MASTER LIAR FILIPE BOLE, MINISTER FOR MIS-EDUCATION. DIRECTIVE WAS ISSUED TO BAN |
By VICTOR LAL Fiji's "Goebbels" journalists never fail to amaze me, especially those from Fijivillage, Fiji Sun and Fiji Broadcasting Commission. In their pathetic and disgraceful pursuit to appease the dictatorial regime, they will go to extraordinary lengths to distort facts. Take Vijay Narayan & Rusiate Baleilevuka from Fijivillage News. As soon as Ro Teimumu Kepa delivered her leadership speech, Narayan slavishly ran to Education Minister Filipe Bole for a comment about religious education and Suva Grammar School (see story on the right page). He wrote: "Fijivillage has received confirmation that the Suva Grammar School management had only sent letters to the parents of all Grammar students asking if they want their children to allow or disallow them from attending prayers. The parents are given the option to choose this and the school management made it clear that no one will be forced to attend the prayers." Fijileaks readers may recall that on 20 February 2014 it ran a brief story titled 'BIGOTRY! Government school heads warned not to conduct daily Christian morning prayers (religious decree breach) but Bainimarama and Khaiyum can pray with soldiers and Muslim brethren in unison'. Fijileaks story ran as follows: |
The Ministry of Education's Iranian-style "Religious Police Unit" has been warning principals of Government owned schools not to carry out Christian devotion and prayers in their schools. WHY?
According to the MoE these devotional prayers are in breach of Section 4(3) (b) & ( c ) of the Constitution of the Republic of Fiji 2013 foisted upon the pupils and parents of Fiji. Khaiyum's law states: religion and the state are separate, which means : (b)“The state and all person holding public office must not dictate any religious belief ", and ( c) “the state and all person holding public office must not prefer or advance , by any means any particular religion , religious denomination, religious belief or religious practice over others, or over any non-religious belief " The Ministry of Education also argues that employees of Government owned schools are officers of the State or public office holders. Public office holders must not advance by any means any particular religion over others, meaning that Government-owned schools can not promote or seen to be promoting, advocating, a particular religious denomination or belief. But it is perfectly legal for Bainimarama to be seen bowing his head in Christian prayers with the soldiers or Attorney-General Aiyaz Khaiyum to be praying with his Muslim brethren. WHY? For under their draconian decree they have exempted themselves as "public officers" in Fiji. BIGOTRY and double standard in play in post-coup Fiji. Oh, pity, ye our Christian children in Bainimarama-Khaiyum government owned schools. We say with Francis of Assisi to the Principals: "Preach the Gospel at all times and when necessary use words."
NOTE:
Fijileaks had withheld the original e-mail, for we knew that sooner or later the regime's Goebbels journalists will emerge to discredit those fighting to get rid of the dictatorship's lies and propaganda. We publish below the e-mail which formed Fijileaks original story, and now Ro Kepa's speech. To these Goebbelian journalists we say, HANG YOUR PENS IN SHAME. Our day will come, not for revenge but humiliation of the likes of you, beginning below with one of hundreds of documents we have in our possession. We will add all of you to our Hall of Shame - Journalists in the Service of Totalitarian Dictatorship in Fiji. And you know who you chaps are in Fiji!
According to the MoE these devotional prayers are in breach of Section 4(3) (b) & ( c ) of the Constitution of the Republic of Fiji 2013 foisted upon the pupils and parents of Fiji. Khaiyum's law states: religion and the state are separate, which means : (b)“The state and all person holding public office must not dictate any religious belief ", and ( c) “the state and all person holding public office must not prefer or advance , by any means any particular religion , religious denomination, religious belief or religious practice over others, or over any non-religious belief " The Ministry of Education also argues that employees of Government owned schools are officers of the State or public office holders. Public office holders must not advance by any means any particular religion over others, meaning that Government-owned schools can not promote or seen to be promoting, advocating, a particular religious denomination or belief. But it is perfectly legal for Bainimarama to be seen bowing his head in Christian prayers with the soldiers or Attorney-General Aiyaz Khaiyum to be praying with his Muslim brethren. WHY? For under their draconian decree they have exempted themselves as "public officers" in Fiji. BIGOTRY and double standard in play in post-coup Fiji. Oh, pity, ye our Christian children in Bainimarama-Khaiyum government owned schools. We say with Francis of Assisi to the Principals: "Preach the Gospel at all times and when necessary use words."
NOTE:
Fijileaks had withheld the original e-mail, for we knew that sooner or later the regime's Goebbels journalists will emerge to discredit those fighting to get rid of the dictatorship's lies and propaganda. We publish below the e-mail which formed Fijileaks original story, and now Ro Kepa's speech. To these Goebbelian journalists we say, HANG YOUR PENS IN SHAME. Our day will come, not for revenge but humiliation of the likes of you, beginning below with one of hundreds of documents we have in our possession. We will add all of you to our Hall of Shame - Journalists in the Service of Totalitarian Dictatorship in Fiji. And you know who you chaps are in Fiji!
HERE IS EVIDENCE WHICH GIVES LIE TO BOLE'S CLAIM:
The following host of questions have been sent to Fijileaks for publication:
USP’s Vice Chancellor and President, Professor Rajesh Chandra, often boasts about USP as model for the region. The problem is that since Chandra became Vice Chancellor, USP staff management are more rotten than before. Making the mess are Vice Chancellor Rajesh Chandra, USP Council Chairman (Ikbal Janif) and Deputy Chair (Mrs Fekita Utoikamanu).
Janif is in debt to Chandra, who helped elect Janif, with no university degree, as Chairman of USP Council against far more qualified Solomon Islander with a PhD. Janif won the election by only one vote because VC Rajesh Chandra voted for him.
Question 1:
Why USP Deputy Chair of Council (Mrs Fekita Utoikamanu) reviews VC Chandra’s performance, when she has conflict of interest; her husband (Siosiua Utoikanu) depends on VC Chandra for appointment as Head of the PICPA program at USP.
Question 2:
How Anjeela Jokhan (a loyal supporter of Chandra) was appointed as Associate Professor and Dean of FSTE when all Heads of Schools at FSTE and all official referees were negative and Jokhan was not a professor? Did VC Chandra irregularly appoint extra referees to give favorable references for Jokhan?
Question 3:
How Drew Alliburton (husband of Professor Susan Kelly, former Deputy VC) was appointed at FBE when Screening Committee concluded he was not appointable?
Question 4:
What circumstances lay behind the forced resignation of famous economist Professor Warden Narsey?
Question 5:
What circumstances lay behind the resignation of bright senior management such as Adi Eci Nabalarua (Pro VC and iTaukei academic), Munif (best Chief Financial Officer USP ever had), and Dr Michael Gregory (Pro VC).
Why did all of them join the Fiji National University instead of staying at the region’s “premier university”?
Question 6:
Why Deputy VC Professor Susan Kelly resign suddenly? Is it true she discovered sexual relationship between a USP staff member and a female student who was later allegedly murdered, while her husband’s complaint to USP was ignored (husband later allegedly committed suicide).
Why VC Chandra, Janif and Fekita did not respond to Kelly’s complaints?
Did USP pay Kelly “to go away” because she found USP was not following rules?
(Kelly and Alliburton also joined the FNU after leaving USP).
Question 7:
Why the sudden suspension of a very senior and most productive professional staff member, who was not given the opportunity to respond before suspension, and only on alleged complaints from the Finance and Investment Committee?
Question 8:
Why this important Finance and Investment Committee at USP, chaired by a director of very minor accounting firm, when many experienced senior accountants with USP experience are ignored (like Jenny Seeto and Naiveli)?
Does USP Chairman (Janif) have conflict of interest because this accounting lady leases office space from Janif?
Question 9:
Why VC Chandra refused to appoint an eminently qualified and experienced USP Professor as Deputy President, instead of appointing another applicant inferior on all academic and administrative grounds?
Was appointment process irregular? The Chairman of the Appointment Committee (Janif) was sick on the day, and instead of postponing the appointment (already delayed for six months), Fekita, not a member of the Appointment Committee, chaired the meeting, and strongly supported the inferior candidate (who happens to be from her own home country, Tonga)?
Who asked Fekita to chair this important meeting and were all the Appointment Committee members present?
Question 10:
Is USP Council told how much USP spends on one legal company annually to cover up staffing mistakes by VC Chandra?
What legal advice was given by this legal company to VC on USP staffing problems?
Many think USP member country representatives come to Council meetings only for wining, dining and shopping, and never investigating any petitions, while VC Chandra, Janif and Fekita, run rings around them. To protect USP's reputation, USP Council must establish independent outside review of all the matters raised here, and any others to be raised by the USP staff and students.
Fijileaks Editor: We are trying to contact all those who stand accused for their comments.
USP’s Vice Chancellor and President, Professor Rajesh Chandra, often boasts about USP as model for the region. The problem is that since Chandra became Vice Chancellor, USP staff management are more rotten than before. Making the mess are Vice Chancellor Rajesh Chandra, USP Council Chairman (Ikbal Janif) and Deputy Chair (Mrs Fekita Utoikamanu).
Janif is in debt to Chandra, who helped elect Janif, with no university degree, as Chairman of USP Council against far more qualified Solomon Islander with a PhD. Janif won the election by only one vote because VC Rajesh Chandra voted for him.
Question 1:
Why USP Deputy Chair of Council (Mrs Fekita Utoikamanu) reviews VC Chandra’s performance, when she has conflict of interest; her husband (Siosiua Utoikanu) depends on VC Chandra for appointment as Head of the PICPA program at USP.
Question 2:
How Anjeela Jokhan (a loyal supporter of Chandra) was appointed as Associate Professor and Dean of FSTE when all Heads of Schools at FSTE and all official referees were negative and Jokhan was not a professor? Did VC Chandra irregularly appoint extra referees to give favorable references for Jokhan?
Question 3:
How Drew Alliburton (husband of Professor Susan Kelly, former Deputy VC) was appointed at FBE when Screening Committee concluded he was not appointable?
Question 4:
What circumstances lay behind the forced resignation of famous economist Professor Warden Narsey?
Question 5:
What circumstances lay behind the resignation of bright senior management such as Adi Eci Nabalarua (Pro VC and iTaukei academic), Munif (best Chief Financial Officer USP ever had), and Dr Michael Gregory (Pro VC).
Why did all of them join the Fiji National University instead of staying at the region’s “premier university”?
Question 6:
Why Deputy VC Professor Susan Kelly resign suddenly? Is it true she discovered sexual relationship between a USP staff member and a female student who was later allegedly murdered, while her husband’s complaint to USP was ignored (husband later allegedly committed suicide).
Why VC Chandra, Janif and Fekita did not respond to Kelly’s complaints?
Did USP pay Kelly “to go away” because she found USP was not following rules?
(Kelly and Alliburton also joined the FNU after leaving USP).
Question 7:
Why the sudden suspension of a very senior and most productive professional staff member, who was not given the opportunity to respond before suspension, and only on alleged complaints from the Finance and Investment Committee?
Question 8:
Why this important Finance and Investment Committee at USP, chaired by a director of very minor accounting firm, when many experienced senior accountants with USP experience are ignored (like Jenny Seeto and Naiveli)?
Does USP Chairman (Janif) have conflict of interest because this accounting lady leases office space from Janif?
Question 9:
Why VC Chandra refused to appoint an eminently qualified and experienced USP Professor as Deputy President, instead of appointing another applicant inferior on all academic and administrative grounds?
Was appointment process irregular? The Chairman of the Appointment Committee (Janif) was sick on the day, and instead of postponing the appointment (already delayed for six months), Fekita, not a member of the Appointment Committee, chaired the meeting, and strongly supported the inferior candidate (who happens to be from her own home country, Tonga)?
Who asked Fekita to chair this important meeting and were all the Appointment Committee members present?
Question 10:
Is USP Council told how much USP spends on one legal company annually to cover up staffing mistakes by VC Chandra?
What legal advice was given by this legal company to VC on USP staffing problems?
Many think USP member country representatives come to Council meetings only for wining, dining and shopping, and never investigating any petitions, while VC Chandra, Janif and Fekita, run rings around them. To protect USP's reputation, USP Council must establish independent outside review of all the matters raised here, and any others to be raised by the USP staff and students.
Fijileaks Editor: We are trying to contact all those who stand accused for their comments.
"If you wish to rid Fiji of dictatorial rule which has been based on imposition, threats, intimidation and fear, make your vote count by voting for SODELPA and its prospective partners in government...We should remind ourselves that despite the change at the RFMF, Fiji is still a dictatorship" - Ro Kepa
"We will go to the elections as individual parties with our own manifestos, but co-operating where possible, especially in getting a high turnout of voters. My friends, there comes a moment in the life of a nation when its people are called to make great decisions to protect and save their homeland. That moment has arrived for Fiji.
We are called now to save our country.
We must rededicate Fiji to God, and, with His support, take its destiny into our hands. We should look at this as our sacred duty.
I did not at first actively seek the positions of leader and president of the Social Democratic Liberal Party as I was very much involved with my traditional obligations to my province and people. But I heard deep in my heart the cry of our islands. I listened; I prayed long and hard and the answers came.
And, now, here I am.
I am ready.
I am so very honoured to be elected unanimously to lead SODELPA and sincerely thank other candidates who withdrew in my favour.
I announce today that I have offered myself for selection as a general election candidate.
I give myself to this party and I give myself to the people.
My courage will not falter as we move along the hazardous path back to freedom, legitimate constitutional rule and representative democracy.
I will be there for you, to speak out for a Fiji free of fear and oppression; a Fiji of respect and compassion, social justice, the rule of law and economic progress that creates the jobs we desperately need.
Those who took over the state and its government by force of arms are still seen as a threat. They will be reluctant to give up their power.
We must show them that we have power as well. It is the sovereign power of the people; this is the highest authority and it will prevail.
All of us, walking side by side, will put right the wrongs of the last seven years. We must go forward to a glorious future of limitless potential, abundant opportunity and enduring prosperity. United in this mighty mission, we can finally become all we can be and take our place again with pride among the democratic family of nations. On Wednesday we witnessed the resignation from the Republic of Fiji Military Forces of Commodore Voreqe Bainimarama. We welcome that. We look forward to taking him on in a free and fair election and subjecting him to a resounding defeat. His successor, Brigadier-General MoseseTikoitoga, has pledged that the military will be independent, above politics, and respect the will of the people. We will hold him to that.
I invite Brigadier-General TIkoitoga to immediately make a solemn declaration that under his command there will be no more beatings, no more threats and no more unwelcome trips to the barracks.
He needs to do this in light of continuing public fears and concerns.
We should remind ourselves that despite the change at the RFMF, Fiji is still a dictatorship. Decisions are made by the few, there is no consultation with political parties, information is withheld, and oppressive, anti-democratic laws remain in place. Military officers occupy many crucial positions in government. We urge Commodore Bainimarama in his role as interim prime minister to do the right thing by the country and the people. He should move now to address these problems and create the right environment for the elections.
On this day I declare to you before the nation that SODELPA will always recognize the supreme presence and power of Almighty God.
He is the source of divine blessing not only for us as individuals and members of communities, but also for Fiji as a nation.
The elected leaders in Parliament who promulgated the constitutions of 1970 and 1997 all recognized this fundamental and eternal truth. And they made sure this was acknowledged in the preamble to these constitutions. Contrast this wisdom of our nation’s former leaders, all democratically elected by the people, to the arrogance of Commodore Bainimarama and his unelected oligarchy.
They see no place for God in their 2013 Constitution.
They made this decision without the permission of the people and then declared that it had our approval.
How dare they?
By what right did they say we had agreed?
The Bainimarama-Sayed-Khaiyum constitution tells us that we have religious liberty and that we can practice our faiths privately and publicly. But, ladies and gentlemen, we are seeing serious contradictions in this hastily assembled document. A senior official in the Ministry of Education has given written advice following questions raised by Suva Grammar School, a government school.
This official, from the ethics and disciplinary unit, states that Christian prayers at Suva Grammar are unconstitutional.
If this advice is accepted, prayers would not be allowed. Neither would any form of religious teaching.
That would also mean no prayers or religious instructions at other government schools like RKS, QVS, ACS and Natabua.
But the advice from the senior official goes further and declares that all schools must adhere to this constitutional provision.
Where is the liberty here?
This constitution is casting a shadow over the soul of Fiji.
I ask Commodore Bainimarama to tell us why the Fiji Military Forces are not subject to the same religious restrictions? Why is the Police Force also exempt?
Why are both these institutions allowed to pray together when that liberty is denied to others? This is gross discrimination on such a profoundly sensitive matter.
Let me, therefore, give this undertaking. if you give SODELPA victory in the general elections, our very first action will be to take steps to restore God to His rightful place in our country’s supreme law.
The oligarchy in power was afraid to allow the people of Fiji the freedom, through a referendum, to have the final say on the general acceptability of their Bainimarama and Saiyed-Khaiyum draft constitution. So today we have a constitution that lacks democratic legitimacy. It is a unilateral promulgation that is further compromised in terms of morality and justice in its provisions deliberately intended to protect the self-interest of the ruling elite. We will ask the Supreme Court for an advisory opinion on the status in law of the 1997 Constitution. Through the collective power of the people’s vote we expect a clear demonstration that citizens of Fiji overwhelmingly agree with the judgment by Fiji’s Court of Appeal in April 2009.
This declared that Commodore Bainimarama’s acts in forcibly removing the elected SDL-led multi-party Government in December 2006 and unilateral assumption of power as Prime Minister were unconstitutional and unlawful. And here, let us recall the incisive and memorable comments by Justice Gates in the High Court when giving his judgment in the Chandrika Prasad case in November 2000 and in the Jokapeci Koroi case in August 2001.
Justice Gates said that the 1997 Constitution was immutable and indestructible and can only be changed or revoked by the same procedural way through which it was promulgated---and that is by the elected representatives of the people in Parliament. With your unwavering support and those of our political partners, a SODELPA-led Government will restore very important expressions of historical facts contained in the democratically promulgated 1970 and 1997 constitutions. These were deliberately excluded by Commodore Bainimarama and his Attorney-General from their 2013 Constitution.
They referred to those momentous events in our country’s history that have significantly contributed to what we are today as a vibrant multi-cultural and multi-religious society, enriched by diversity. SODELPA will ensure that the special place and contribution of our different constituent communities are duly acknowledged and recognized in our supreme law. We will recognize the settlement of our islands by the indigenous Fijian and Rotuman communities and their subsequent acceptance and adoption of Christianity as the spiritual foundation of their way of life. Along with this are their customs and traditions passed on through successive generations from time immemorial. The session in 1874 and in 1879 by the Fijian Chiefs and the Rotuman communities of their islands to Her Majesty Queen Victoria of Great Britain were voluntary acts of unreserved trust in her benevolent protection of the people and their land and other natural resources.
Also honored in our history is the arrival of other communities to settle and to make Fiji their home. They brought with them their religions, their customs and traditions. Through their labour and sacrifice and their enterprise and entrepreneurship they have contributed outstandingly to Fiji’s status as the most economically advanced country in the Pacific islands region. Against this historical background SODELPA commits itself to building a prosperous and unified nation, based on democratic values, the rule of law, fundamental human rights and social justice to ensure equal opportunities for all. Specifically, the following foundational principles will be SODELPA’s constant guide:
·The freedom, equality and dignity of all individuals as fellow citizens,
·The freedom, equality and dignity of all religions and religious denominations;
·The equality and dignity of all communities, their freedom to promote their languages and customary practices, and the protection through appropriate legislation of their cultural heritage and intellectual property;
·The right and freedom of the mass media to keep those who exercise the government, legislative and judicial power of the state fully accountable to the ordinary people;
·Recognition and support for the important roles played by non-governmental organizations and special interest groups in raising and promoting community concerns and causes;
·The right and freedom of employers, their workers and unions to organize themselves in pursuance of their collective interests;
·The recognition of women as pivotal to building an equitable and prosperous nation. They are already at the core of our Party’s decision-making process in the National Executive Council and the Management Board. SODELPA will ensure their increasing participation in Parliament.
·The recognition of our young people as our country’s most important resource and giving them the best in education and other opportunities, enabling them as individuals to realize their full potential through their own ability, hard work and discipline. SODELPA has a Youth Council that will help chart the way ahead for our young people and the country. As our future leaders we will be encouraging them to join us as volunteers and involve themselves actively in the work of the Party.
Our central goals in promoting sustained growth in all parts of the economy are to accelerate employment creation, continually improve the health and general well-being of our population, reduce income inequalities, eradicate homelessness and poverty, and ensure that government services and the benefits of development are spread evenly in all areas of Fiji.
Let me now tell you of our priority action plan for our first one hundred days in office if you, our members and supporters, give us the majority in the elections. To demonstrate our commitment to serving everyone and all communities in Fiji, SODELPA will resume the multi-party Cabinet which our predecessor, the SDL party, had started with the Fiji Labour Party in 2006 following the general elections in May that year. SODELPA will issue invitations to like-minded parties to join in a voluntary coalition government for national healing, reconciliation and unity. We shall go into the elections as individual parties but SODELPA owes it to the people, as the party that aims to win the majority of seats in the elections, to bring our nation together. Cabinet can operate most effectively if it enjoys the confidence of all communities in our multi-cultural society. So this afternoon I again send messages of goodwill from SODELPA to the leaders of the Fiji Labour Party and the National Federation Party and our friends from the People’s Democratic Party. I am addressing you as prospective post-election coalition partners.
Our first legislative action will be to revoke all current restrictive decrees on fundamental freedoms and political and civic rights.
We shall also instantly remove all the restrictions which Commodore Bainimarama and the Military had imposed on the Methodist Church.
We will ensure a judiciary that is truly independent and which is able to function without unwarranted limitations on its jurisdiction. Only then can ordinary citizens be assured of effective justice for all in the protection of their fundamental rights and freedoms. As I have already stated we shall be seeking advice from the Supreme Court on the status in law of the 1997 Constitution. We shall also undertake a comprehensive review of the legality of the Fiji National Provident Fund’s unilateral reductions of pension entitlements and ensure that pension contractual agreements are honored. We will engender more transparency and accountability for members on how their funds are used. Recognizing the importance of giving as many of our students fair and equal opportunity for higher level tertiary education, the SODELPA-led multi-party government twill reinstate the FAB scholarship scheme and the multi-ethnic scholarship programme for eligible students from low income families.
With the support of multi-party Cabinet partners, we shall reinstate the Bose Levu Vakaturaga as the apex consultative body of the indigenous Fijian and Rotuman communities.
We shall also enact legislation to protect the cultural heritage and intellectual property of our indigenous communities given the collective communal nature of the ownership of these rights. Not content with overthrowing the elected government and parliament under the 1997 Constitution, Commodore Bainimarama took over the chairmanship of the ILTB and created a land bank in the Department of Lands. In its operation it has effectively taken powers away from the ITLB, undermining the Board’s exercise of its statutory responsibility to protect the best interests of indigenous land owner sand natural resource owners. The SODELPA-led government will abolish the Land Use Decree which effectively alienates native lands from the ILTB.
We will revoke the Mahogany Decree which has effectively marginalized the mahogany landowners. Authority and decisions on mahogany plantations are with a Mahogany Council controlled by Bainimarama and Khaiyum.
We will ensure that the chair of the i-Taukei Land Trust Board is chosen by the landowners in a consultative process with our government. We will strengthen the role of the Board and review the present system of distribution of lease money which has disempowered our Turagani Mataqali, Turagani Yavusa and Turagai Taukei and is effectively destroying the communal foundation of indigenous Fijian society.
As another top priority, SODELPA and the multi-party government we envisage will hold immediate consultations both within Cabinet and with the ITLB and the Bose Levu Vakaturaga, on a comprehensive long term solution to agricultural leases under ALTA.
This is critically important to the landowners and the tenant farmers, and the sugar industry as a whole. SODELPA is committed to an immediate and just resolution of this long-standing issue for the mutual benefit of all.
A SODELPA-led multi-party government will seek traditional reconciliation meetings with the Military under its new leadership.
The Military has a tradition of service, especially in community development, support for disaster relief and rehabilitation programmes, and taking part in international peacekeeping.
However, as a state agency, it must remain neutral in political matters. I must emphasize this because of its involvement in politics.
So again, speaking on your behalf, I welcome the pledge from Brigadier-General Tikoitoga that the military will become non-political.
Its first duty is to remain loyal to the President and to the elected government of the day in upholding and defending Fiji’s democratically endorsed constitution.
A reconciliation process will be started for those directly involved and implicated in the unlawful removal of the elected government and state officials in the 2006 coup and in subsequent illegal activities and unwarranted acts of terrorism.This process will be available to those prepared, as a genuine act of contrition, to admit wrong-doing and guilt to their innocent victims. To all criminal acts of the recalcitrant and for those who were involved in acts of gross violation of human rights, the law and justice will take its normal course. No one is above the law.
Let me briefly explain the kind of leadership you and our nation can expect from me as the party leader of SODELPA. I shall bring to this role whatever wisdom and experience I have gained in my own traditional position and in my earlier service in Cabinet.
As leader, it is not my role to dictate or to direct.
On the contrary, my role is to listen, to be patient, to encourage free discussions. I must ensure that no one is excluded and everyone is heard so that a decision is reached. This procedure of consultation and consensus is how decisions are normally made in Cabinet and in traditional gatherings like the Bose Levu Vakaturaga.
Compare this to the dictatorial decision-making we are seeing in the current unelected government.
Our government and multi-party cabinet will also uphold our collective responsibility and accountability to parliament and to the people.
We will never do what Commodore Bainimarama and his unelected government are currently unashamedly doing.
Nepotism and cronyism in top public service appointments are unprecedented.
Only a few people know the salaries and other perks paid to individual ministers.
They are not talking.
There is no independently audited account of government revenue and expenditure and no independently verified account of government borrowings and contingency undertakings like loan guarantees.
Again only a handful of people in the regime’s inner circle have the details of the true state of government’s solvency.
My message to you, our party members and supporters and, indeed, to all registered voters throughout Fiji, is clear.
If you wish to rid Fiji of dictatorial rule which has been based on imposition, threats, intimidation and fear, make your vote count by voting for SODELPA and its prospective partners in government.
Ladies and gentlemen, there is much more to come from SODELPA. All will be revealed at the right time.
My final comments are reserved for the SODELPA Youth Council Delegates. They are led by a fearless activist, Pita Waqavonovono, who is well known nationally.
Pita and your team: We are proud of you; carry our banner high for the young people of this country; tell them the truth, bring them into the fold and encourage them to take a full role in civic affairs and politics.
You are SODELPA’s Young Patriots, dedicated to advancing a new form of national spirit founded on a patriotic love of country and the ideals and values of the Fiji we will build together.
I share a bond with Pita.
Both of us have been taken to the barracks.
At some point he may wish to tell you about his experience.
In mid 2009, 16 policemen took me from my home in the dead of night. I was first placed in a cell at the Central Police Station and later moved to another cell. This one was at the Queen Elizabeth Barracks. My transgression was to offer, on behalf of Rewa, to host that year’s Methodist Conference. This was supposedly against the law. But I refused to withdraw the invitation to the Church.That was why I ended up in a cell.
A youngish soldier came to interrogate me. I could tell he was not very experienced. I asked him what he was doing, and what kind of legacy he wanted to leave to Fiji and his children? He did not answer, but hung his head.
I then said to him, “Young man, I am going to pray for you.”
His answer was, “Don’t pray for me. Pray for Fiji.”
Ladies and gentlemen, Pita and your team, we should all continue to pray for our country.
We should pray for that confused soldier, that he may be freed from his shame and receive enlightenment.
We should pray that the young of today transform the legacy we give to these islands into something wonderful.
God be with us!
On to victory!
Thank you for listening."
FIJILEAKS EDITOR: The speech was rejected by The Fiji Times as a paid advertisement in the Saturday, 8 March 2014 edition, because of its contents.
We are called now to save our country.
We must rededicate Fiji to God, and, with His support, take its destiny into our hands. We should look at this as our sacred duty.
I did not at first actively seek the positions of leader and president of the Social Democratic Liberal Party as I was very much involved with my traditional obligations to my province and people. But I heard deep in my heart the cry of our islands. I listened; I prayed long and hard and the answers came.
And, now, here I am.
I am ready.
I am so very honoured to be elected unanimously to lead SODELPA and sincerely thank other candidates who withdrew in my favour.
I announce today that I have offered myself for selection as a general election candidate.
I give myself to this party and I give myself to the people.
My courage will not falter as we move along the hazardous path back to freedom, legitimate constitutional rule and representative democracy.
I will be there for you, to speak out for a Fiji free of fear and oppression; a Fiji of respect and compassion, social justice, the rule of law and economic progress that creates the jobs we desperately need.
Those who took over the state and its government by force of arms are still seen as a threat. They will be reluctant to give up their power.
We must show them that we have power as well. It is the sovereign power of the people; this is the highest authority and it will prevail.
All of us, walking side by side, will put right the wrongs of the last seven years. We must go forward to a glorious future of limitless potential, abundant opportunity and enduring prosperity. United in this mighty mission, we can finally become all we can be and take our place again with pride among the democratic family of nations. On Wednesday we witnessed the resignation from the Republic of Fiji Military Forces of Commodore Voreqe Bainimarama. We welcome that. We look forward to taking him on in a free and fair election and subjecting him to a resounding defeat. His successor, Brigadier-General MoseseTikoitoga, has pledged that the military will be independent, above politics, and respect the will of the people. We will hold him to that.
I invite Brigadier-General TIkoitoga to immediately make a solemn declaration that under his command there will be no more beatings, no more threats and no more unwelcome trips to the barracks.
He needs to do this in light of continuing public fears and concerns.
We should remind ourselves that despite the change at the RFMF, Fiji is still a dictatorship. Decisions are made by the few, there is no consultation with political parties, information is withheld, and oppressive, anti-democratic laws remain in place. Military officers occupy many crucial positions in government. We urge Commodore Bainimarama in his role as interim prime minister to do the right thing by the country and the people. He should move now to address these problems and create the right environment for the elections.
On this day I declare to you before the nation that SODELPA will always recognize the supreme presence and power of Almighty God.
He is the source of divine blessing not only for us as individuals and members of communities, but also for Fiji as a nation.
The elected leaders in Parliament who promulgated the constitutions of 1970 and 1997 all recognized this fundamental and eternal truth. And they made sure this was acknowledged in the preamble to these constitutions. Contrast this wisdom of our nation’s former leaders, all democratically elected by the people, to the arrogance of Commodore Bainimarama and his unelected oligarchy.
They see no place for God in their 2013 Constitution.
They made this decision without the permission of the people and then declared that it had our approval.
How dare they?
By what right did they say we had agreed?
The Bainimarama-Sayed-Khaiyum constitution tells us that we have religious liberty and that we can practice our faiths privately and publicly. But, ladies and gentlemen, we are seeing serious contradictions in this hastily assembled document. A senior official in the Ministry of Education has given written advice following questions raised by Suva Grammar School, a government school.
This official, from the ethics and disciplinary unit, states that Christian prayers at Suva Grammar are unconstitutional.
If this advice is accepted, prayers would not be allowed. Neither would any form of religious teaching.
That would also mean no prayers or religious instructions at other government schools like RKS, QVS, ACS and Natabua.
But the advice from the senior official goes further and declares that all schools must adhere to this constitutional provision.
Where is the liberty here?
This constitution is casting a shadow over the soul of Fiji.
I ask Commodore Bainimarama to tell us why the Fiji Military Forces are not subject to the same religious restrictions? Why is the Police Force also exempt?
Why are both these institutions allowed to pray together when that liberty is denied to others? This is gross discrimination on such a profoundly sensitive matter.
Let me, therefore, give this undertaking. if you give SODELPA victory in the general elections, our very first action will be to take steps to restore God to His rightful place in our country’s supreme law.
The oligarchy in power was afraid to allow the people of Fiji the freedom, through a referendum, to have the final say on the general acceptability of their Bainimarama and Saiyed-Khaiyum draft constitution. So today we have a constitution that lacks democratic legitimacy. It is a unilateral promulgation that is further compromised in terms of morality and justice in its provisions deliberately intended to protect the self-interest of the ruling elite. We will ask the Supreme Court for an advisory opinion on the status in law of the 1997 Constitution. Through the collective power of the people’s vote we expect a clear demonstration that citizens of Fiji overwhelmingly agree with the judgment by Fiji’s Court of Appeal in April 2009.
This declared that Commodore Bainimarama’s acts in forcibly removing the elected SDL-led multi-party Government in December 2006 and unilateral assumption of power as Prime Minister were unconstitutional and unlawful. And here, let us recall the incisive and memorable comments by Justice Gates in the High Court when giving his judgment in the Chandrika Prasad case in November 2000 and in the Jokapeci Koroi case in August 2001.
Justice Gates said that the 1997 Constitution was immutable and indestructible and can only be changed or revoked by the same procedural way through which it was promulgated---and that is by the elected representatives of the people in Parliament. With your unwavering support and those of our political partners, a SODELPA-led Government will restore very important expressions of historical facts contained in the democratically promulgated 1970 and 1997 constitutions. These were deliberately excluded by Commodore Bainimarama and his Attorney-General from their 2013 Constitution.
They referred to those momentous events in our country’s history that have significantly contributed to what we are today as a vibrant multi-cultural and multi-religious society, enriched by diversity. SODELPA will ensure that the special place and contribution of our different constituent communities are duly acknowledged and recognized in our supreme law. We will recognize the settlement of our islands by the indigenous Fijian and Rotuman communities and their subsequent acceptance and adoption of Christianity as the spiritual foundation of their way of life. Along with this are their customs and traditions passed on through successive generations from time immemorial. The session in 1874 and in 1879 by the Fijian Chiefs and the Rotuman communities of their islands to Her Majesty Queen Victoria of Great Britain were voluntary acts of unreserved trust in her benevolent protection of the people and their land and other natural resources.
Also honored in our history is the arrival of other communities to settle and to make Fiji their home. They brought with them their religions, their customs and traditions. Through their labour and sacrifice and their enterprise and entrepreneurship they have contributed outstandingly to Fiji’s status as the most economically advanced country in the Pacific islands region. Against this historical background SODELPA commits itself to building a prosperous and unified nation, based on democratic values, the rule of law, fundamental human rights and social justice to ensure equal opportunities for all. Specifically, the following foundational principles will be SODELPA’s constant guide:
·The freedom, equality and dignity of all individuals as fellow citizens,
·The freedom, equality and dignity of all religions and religious denominations;
·The equality and dignity of all communities, their freedom to promote their languages and customary practices, and the protection through appropriate legislation of their cultural heritage and intellectual property;
·The right and freedom of the mass media to keep those who exercise the government, legislative and judicial power of the state fully accountable to the ordinary people;
·Recognition and support for the important roles played by non-governmental organizations and special interest groups in raising and promoting community concerns and causes;
·The right and freedom of employers, their workers and unions to organize themselves in pursuance of their collective interests;
·The recognition of women as pivotal to building an equitable and prosperous nation. They are already at the core of our Party’s decision-making process in the National Executive Council and the Management Board. SODELPA will ensure their increasing participation in Parliament.
·The recognition of our young people as our country’s most important resource and giving them the best in education and other opportunities, enabling them as individuals to realize their full potential through their own ability, hard work and discipline. SODELPA has a Youth Council that will help chart the way ahead for our young people and the country. As our future leaders we will be encouraging them to join us as volunteers and involve themselves actively in the work of the Party.
Our central goals in promoting sustained growth in all parts of the economy are to accelerate employment creation, continually improve the health and general well-being of our population, reduce income inequalities, eradicate homelessness and poverty, and ensure that government services and the benefits of development are spread evenly in all areas of Fiji.
Let me now tell you of our priority action plan for our first one hundred days in office if you, our members and supporters, give us the majority in the elections. To demonstrate our commitment to serving everyone and all communities in Fiji, SODELPA will resume the multi-party Cabinet which our predecessor, the SDL party, had started with the Fiji Labour Party in 2006 following the general elections in May that year. SODELPA will issue invitations to like-minded parties to join in a voluntary coalition government for national healing, reconciliation and unity. We shall go into the elections as individual parties but SODELPA owes it to the people, as the party that aims to win the majority of seats in the elections, to bring our nation together. Cabinet can operate most effectively if it enjoys the confidence of all communities in our multi-cultural society. So this afternoon I again send messages of goodwill from SODELPA to the leaders of the Fiji Labour Party and the National Federation Party and our friends from the People’s Democratic Party. I am addressing you as prospective post-election coalition partners.
Our first legislative action will be to revoke all current restrictive decrees on fundamental freedoms and political and civic rights.
We shall also instantly remove all the restrictions which Commodore Bainimarama and the Military had imposed on the Methodist Church.
We will ensure a judiciary that is truly independent and which is able to function without unwarranted limitations on its jurisdiction. Only then can ordinary citizens be assured of effective justice for all in the protection of their fundamental rights and freedoms. As I have already stated we shall be seeking advice from the Supreme Court on the status in law of the 1997 Constitution. We shall also undertake a comprehensive review of the legality of the Fiji National Provident Fund’s unilateral reductions of pension entitlements and ensure that pension contractual agreements are honored. We will engender more transparency and accountability for members on how their funds are used. Recognizing the importance of giving as many of our students fair and equal opportunity for higher level tertiary education, the SODELPA-led multi-party government twill reinstate the FAB scholarship scheme and the multi-ethnic scholarship programme for eligible students from low income families.
With the support of multi-party Cabinet partners, we shall reinstate the Bose Levu Vakaturaga as the apex consultative body of the indigenous Fijian and Rotuman communities.
We shall also enact legislation to protect the cultural heritage and intellectual property of our indigenous communities given the collective communal nature of the ownership of these rights. Not content with overthrowing the elected government and parliament under the 1997 Constitution, Commodore Bainimarama took over the chairmanship of the ILTB and created a land bank in the Department of Lands. In its operation it has effectively taken powers away from the ITLB, undermining the Board’s exercise of its statutory responsibility to protect the best interests of indigenous land owner sand natural resource owners. The SODELPA-led government will abolish the Land Use Decree which effectively alienates native lands from the ILTB.
We will revoke the Mahogany Decree which has effectively marginalized the mahogany landowners. Authority and decisions on mahogany plantations are with a Mahogany Council controlled by Bainimarama and Khaiyum.
We will ensure that the chair of the i-Taukei Land Trust Board is chosen by the landowners in a consultative process with our government. We will strengthen the role of the Board and review the present system of distribution of lease money which has disempowered our Turagani Mataqali, Turagani Yavusa and Turagai Taukei and is effectively destroying the communal foundation of indigenous Fijian society.
As another top priority, SODELPA and the multi-party government we envisage will hold immediate consultations both within Cabinet and with the ITLB and the Bose Levu Vakaturaga, on a comprehensive long term solution to agricultural leases under ALTA.
This is critically important to the landowners and the tenant farmers, and the sugar industry as a whole. SODELPA is committed to an immediate and just resolution of this long-standing issue for the mutual benefit of all.
A SODELPA-led multi-party government will seek traditional reconciliation meetings with the Military under its new leadership.
The Military has a tradition of service, especially in community development, support for disaster relief and rehabilitation programmes, and taking part in international peacekeeping.
However, as a state agency, it must remain neutral in political matters. I must emphasize this because of its involvement in politics.
So again, speaking on your behalf, I welcome the pledge from Brigadier-General Tikoitoga that the military will become non-political.
Its first duty is to remain loyal to the President and to the elected government of the day in upholding and defending Fiji’s democratically endorsed constitution.
A reconciliation process will be started for those directly involved and implicated in the unlawful removal of the elected government and state officials in the 2006 coup and in subsequent illegal activities and unwarranted acts of terrorism.This process will be available to those prepared, as a genuine act of contrition, to admit wrong-doing and guilt to their innocent victims. To all criminal acts of the recalcitrant and for those who were involved in acts of gross violation of human rights, the law and justice will take its normal course. No one is above the law.
Let me briefly explain the kind of leadership you and our nation can expect from me as the party leader of SODELPA. I shall bring to this role whatever wisdom and experience I have gained in my own traditional position and in my earlier service in Cabinet.
As leader, it is not my role to dictate or to direct.
On the contrary, my role is to listen, to be patient, to encourage free discussions. I must ensure that no one is excluded and everyone is heard so that a decision is reached. This procedure of consultation and consensus is how decisions are normally made in Cabinet and in traditional gatherings like the Bose Levu Vakaturaga.
Compare this to the dictatorial decision-making we are seeing in the current unelected government.
Our government and multi-party cabinet will also uphold our collective responsibility and accountability to parliament and to the people.
We will never do what Commodore Bainimarama and his unelected government are currently unashamedly doing.
Nepotism and cronyism in top public service appointments are unprecedented.
Only a few people know the salaries and other perks paid to individual ministers.
They are not talking.
There is no independently audited account of government revenue and expenditure and no independently verified account of government borrowings and contingency undertakings like loan guarantees.
Again only a handful of people in the regime’s inner circle have the details of the true state of government’s solvency.
My message to you, our party members and supporters and, indeed, to all registered voters throughout Fiji, is clear.
If you wish to rid Fiji of dictatorial rule which has been based on imposition, threats, intimidation and fear, make your vote count by voting for SODELPA and its prospective partners in government.
Ladies and gentlemen, there is much more to come from SODELPA. All will be revealed at the right time.
My final comments are reserved for the SODELPA Youth Council Delegates. They are led by a fearless activist, Pita Waqavonovono, who is well known nationally.
Pita and your team: We are proud of you; carry our banner high for the young people of this country; tell them the truth, bring them into the fold and encourage them to take a full role in civic affairs and politics.
You are SODELPA’s Young Patriots, dedicated to advancing a new form of national spirit founded on a patriotic love of country and the ideals and values of the Fiji we will build together.
I share a bond with Pita.
Both of us have been taken to the barracks.
At some point he may wish to tell you about his experience.
In mid 2009, 16 policemen took me from my home in the dead of night. I was first placed in a cell at the Central Police Station and later moved to another cell. This one was at the Queen Elizabeth Barracks. My transgression was to offer, on behalf of Rewa, to host that year’s Methodist Conference. This was supposedly against the law. But I refused to withdraw the invitation to the Church.That was why I ended up in a cell.
A youngish soldier came to interrogate me. I could tell he was not very experienced. I asked him what he was doing, and what kind of legacy he wanted to leave to Fiji and his children? He did not answer, but hung his head.
I then said to him, “Young man, I am going to pray for you.”
His answer was, “Don’t pray for me. Pray for Fiji.”
Ladies and gentlemen, Pita and your team, we should all continue to pray for our country.
We should pray for that confused soldier, that he may be freed from his shame and receive enlightenment.
We should pray that the young of today transform the legacy we give to these islands into something wonderful.
God be with us!
On to victory!
Thank you for listening."
FIJILEAKS EDITOR: The speech was rejected by The Fiji Times as a paid advertisement in the Saturday, 8 March 2014 edition, because of its contents.
Brigadier-General Mohammed Aziz was in Prime Ministers Office for the official confirmation; rewarded for stopping police carry out
CWR murder investigations against Bainimarama.
Police fear Aziz will destroy criminal file
_Naivulurua is leading delegation that will be attending the C34 DPKO, Dept of Peacekeeping Operation Summit that will be held in New York
CCF flaw
"In his 28 February letter the CEO of CCF makes a number of false insinuations about rights, including the protection of iTaukei land under the Constitution.
In fact, the protection and ownership of iTaukei land has never been more secure. For the first time in Fiji's history, the ownership of iTaukei land is enshrined in the Bill of Rights, which binds the judiciary, the executive, and the legislature and guides all administrative decisions.
To hint otherwise suggests at best a fundamental misunderstanding of the legal principles, and at worst a deliberate attempt to mislead.
Furthermore, the CEO fails to mention that the Bainimarama government strengthened the protection of iTaukei land last year by closing a legal loophole that allowed iTaukei land to be converted to State land and then to Freehold land despite the so-called entrenched provisions of past constitutions.
Through manipulation of this flawed system, the permanent alienation of iTaukei land took place at Momi and Denarau under previous governments.
The CEO's reference to the Monasavu matter is grossly misleading because a similar situation cannot happen under our new Constitution.
Now, the State must pay fair compensation for any iTaukei land acquired for public purpose at acquisition and return the land to its original owners if it is no longer required for that public purpose.
This he fails to mention, like he fails to mention that landowners will now get a fair share of royalties from the mining of minerals. The CEO is sounding more like a politician playing fear politics than the leader of an independent, non-partisan NGO. Perhaps he is gearing up for a political career."
Aiyaz Sayed-Khaiyum
Attorney-General
Minister for Justice
Suva
"In his 28 February letter the CEO of CCF makes a number of false insinuations about rights, including the protection of iTaukei land under the Constitution.
In fact, the protection and ownership of iTaukei land has never been more secure. For the first time in Fiji's history, the ownership of iTaukei land is enshrined in the Bill of Rights, which binds the judiciary, the executive, and the legislature and guides all administrative decisions.
To hint otherwise suggests at best a fundamental misunderstanding of the legal principles, and at worst a deliberate attempt to mislead.
Furthermore, the CEO fails to mention that the Bainimarama government strengthened the protection of iTaukei land last year by closing a legal loophole that allowed iTaukei land to be converted to State land and then to Freehold land despite the so-called entrenched provisions of past constitutions.
Through manipulation of this flawed system, the permanent alienation of iTaukei land took place at Momi and Denarau under previous governments.
The CEO's reference to the Monasavu matter is grossly misleading because a similar situation cannot happen under our new Constitution.
Now, the State must pay fair compensation for any iTaukei land acquired for public purpose at acquisition and return the land to its original owners if it is no longer required for that public purpose.
This he fails to mention, like he fails to mention that landowners will now get a fair share of royalties from the mining of minerals. The CEO is sounding more like a politician playing fear politics than the leader of an independent, non-partisan NGO. Perhaps he is gearing up for a political career."
Aiyaz Sayed-Khaiyum
Attorney-General
Minister for Justice
Suva
Deposed Prime Minister Qarase on Momi Bay Land Debate, PRESS RELEASE, 16 February 2014
"Now, the Prime Minister, Commodore Voreqe Bainimarama, in his speech in Vunisea has issued a statement on the alienation of native and other matters aimed at discrediting the elected Government which I led at the time of the transaction. It is important that the facts relating to the land transaction be stated clearly, so that people may be able to form their own informed opinions on the criticisms leveled against the SDL Government.
The land transaction in question involved the swap or exchange of 68.7 hectares of native land owned by Tokatoka Nasau with freehold land of equivalent value owned by Matapo Limited, the developer of Momi Bay Resort Project.
Upon exchange the native land was to be converted to freehold and the Matapo freehold was to be converted to native land and registered under Tokatoka Nasau. There was no “loss” of native land in the transaction because of the equivalent freehold land and other benefits in exchange.
My information is that the conversion of native land to freehold was completed. But the conversion of freehold to native land has yet to be completed, due to interference by the present Government following the Military Coup on 5th December, 2006.
The transaction was made with the voluntary agreement of the two parties involved, Matapo Limited and Tokatoka Nasau. The NLTB gave its approval to the deal and the Government of the day sanctioned the land swap under the Land Transfer Act. The terms and conditions of the land swap are recorded in an Agreement between the two parties dated 31st May, 2005.
The landowners were obviously satisfied and happy with the benefits they received then, and the benefits they will receive in the future if the project is successful.
Unfortunately for the landowners they have suffered because of the effects of the military coup of 5th December, 2006. The overthrow of a democratically elected Government has effectively “killed” the Momi Bay Resort Project. The Momi Bay Resort development would have been completed by now if there was no illegal take-over of the Government.
Mr. Khaiyum’s often quoted reference to the provisions of the law relating to this transaction is also misleading. As Chief Legal Officer of the Government he should at least be completely honest with his explanation. The transaction was completed within the relevant laws with voluntary participation of all parties involved.
The bottom line is that the landowners, as owners of the land agreed to exchange their asset with a similar asset of equivalent value. It was a voluntary act on their part, and they were satisfied and happy with what they received.
The conversion of native land to freehold land was never the policy of the SDL Government. The Momi Land transaction was an isolated case which all parties concerned approved and came away satisfied with the outcome. The transaction was carried out within the Land Transfer Act and completed in good faith.
Both Commodore Voreqe Bainimarama and Mr. Khaiyum appear confused about the entrenched legislation in the 1997 Constitution relating to native land. The entrenchment of the Native Land Trust Act means that any amendment of that Act would require a higher and more difficult Parliamentary votes for approval. This has protected native land from possible attempts to alienate such land.
It is no secret that the SDL Government would like all native legislation remain entrenched in the Constitution. It is almost certain that the successor to the SDL would like to maintain this as a key policy issue.
The present Government’s draft Constitution does not provide for entrenched native legislation. This means that any amendment to the Native Land Trust Act, for example, would require a simple majority in Parliament. Furthermore, without entrenchment in the Constitution, it will become much easier to alienate native land, the issue that both the Prime Minister and Attorney General appear confused.
There are two precedents for similar land transactions. In the Hyatt Hotel and Denarau development projects there were similar land exchange transactions, both during the SVT Government. In those two cases and in the Momi Bay project the benefits to landowners have been substantial. L. QARASE."
"Now, the Prime Minister, Commodore Voreqe Bainimarama, in his speech in Vunisea has issued a statement on the alienation of native and other matters aimed at discrediting the elected Government which I led at the time of the transaction. It is important that the facts relating to the land transaction be stated clearly, so that people may be able to form their own informed opinions on the criticisms leveled against the SDL Government.
The land transaction in question involved the swap or exchange of 68.7 hectares of native land owned by Tokatoka Nasau with freehold land of equivalent value owned by Matapo Limited, the developer of Momi Bay Resort Project.
Upon exchange the native land was to be converted to freehold and the Matapo freehold was to be converted to native land and registered under Tokatoka Nasau. There was no “loss” of native land in the transaction because of the equivalent freehold land and other benefits in exchange.
My information is that the conversion of native land to freehold was completed. But the conversion of freehold to native land has yet to be completed, due to interference by the present Government following the Military Coup on 5th December, 2006.
The transaction was made with the voluntary agreement of the two parties involved, Matapo Limited and Tokatoka Nasau. The NLTB gave its approval to the deal and the Government of the day sanctioned the land swap under the Land Transfer Act. The terms and conditions of the land swap are recorded in an Agreement between the two parties dated 31st May, 2005.
The landowners were obviously satisfied and happy with the benefits they received then, and the benefits they will receive in the future if the project is successful.
Unfortunately for the landowners they have suffered because of the effects of the military coup of 5th December, 2006. The overthrow of a democratically elected Government has effectively “killed” the Momi Bay Resort Project. The Momi Bay Resort development would have been completed by now if there was no illegal take-over of the Government.
Mr. Khaiyum’s often quoted reference to the provisions of the law relating to this transaction is also misleading. As Chief Legal Officer of the Government he should at least be completely honest with his explanation. The transaction was completed within the relevant laws with voluntary participation of all parties involved.
The bottom line is that the landowners, as owners of the land agreed to exchange their asset with a similar asset of equivalent value. It was a voluntary act on their part, and they were satisfied and happy with what they received.
The conversion of native land to freehold land was never the policy of the SDL Government. The Momi Land transaction was an isolated case which all parties concerned approved and came away satisfied with the outcome. The transaction was carried out within the Land Transfer Act and completed in good faith.
Both Commodore Voreqe Bainimarama and Mr. Khaiyum appear confused about the entrenched legislation in the 1997 Constitution relating to native land. The entrenchment of the Native Land Trust Act means that any amendment of that Act would require a higher and more difficult Parliamentary votes for approval. This has protected native land from possible attempts to alienate such land.
It is no secret that the SDL Government would like all native legislation remain entrenched in the Constitution. It is almost certain that the successor to the SDL would like to maintain this as a key policy issue.
The present Government’s draft Constitution does not provide for entrenched native legislation. This means that any amendment to the Native Land Trust Act, for example, would require a simple majority in Parliament. Furthermore, without entrenchment in the Constitution, it will become much easier to alienate native land, the issue that both the Prime Minister and Attorney General appear confused.
There are two precedents for similar land transactions. In the Hyatt Hotel and Denarau development projects there were similar land exchange transactions, both during the SVT Government. In those two cases and in the Momi Bay project the benefits to landowners have been substantial. L. QARASE."
Rajendra Chaudhry responses to Khaiyum letter in Fiji Times of 3 March 2014
The Editor
Fiji Times Butt Street SUVA
Dear Editor
Aiyaz Khaiyum’s letter in the Fiji Times of 3 March 2014, titled CCF flaws, on indigenous rights under the 2013 constitution cannot go unchallenged. It probably didn’t occur to Aiyaz, before penning his letter, that the 2013 constitution was not the product of the wishes of the people. As such it cannot be said to have any semblance of legitimacy. It is a document that has been foisted on the people by Frank Bainimarama and Aiyaz after they found the Ghai draft constitution to be unpalatable to their (not the peoples) agenda. On protection of native land being more secure than at any other time prior, Aiyaz again tells an unmitigated lie. More importantly, and unlike the current regime as declared unlawful by the Fiji Court of Appeal on 9 April 2009, all other previous governments were duly elected by the people pursuant to a publicly endorsed constitution.
With respect to native land, the truth is that changes to the Native Land Trust Act via Native Land Trust (Amendment) Decree 2010 (Decree No. 32 of 2010) has meant that all 12 appointment to the NLTB is made up of the President, the Prime Minister (as Chairman) and 10 other appointees appointed by the Minister for Fijian Affairs (see Section 3 (1) of amendment decree (supra). What this means, is that that the institution of the Great Council of Chiefs (as trustee of native land under the law) has no say in how matters relating to native land is to be determined. In effect what Aiyaz has done through the amendment to the NLTA is to make board appointments political and in doing so has exposed native land to political machinations, which would pose a grave danger to the previously entrenched provisions affording protection of native land as a valued asset of the indigenous peoples. Such changes to the NLTA are an affront to the right of the indigenous people to have a direct say, vide their representatives, on matters concerning native land. It can in no way, regardless of the hollow rhetoric of Aiyaz, constitute any greater protection on native land.
On matters on entrenched constitutional provisions for changes to native land, Aiyaz again is talking without getting his facts rights. The 2013 constitution has removed all entrenched provisions relating to native land. The only entrenched provision in the 2013 constitution is the immunity section for Frank Bainimarama and military officers and for perpetrators of all other coups (section 158). To add context to my argument, let me show readers what the 1997 and the 2013 constitutions say on native land. The 1997 Constitution, pursuant to section 185 (1) (c) provided for changes to NLTA. Any changes to NLTA would have had to be in accordance with section 185 (k) in that 9 of the 14 nominees of the GCC [as per section 64 (1) (a) of the 1997 Constitution] in the Senate would have had to support any amendment to the NLTA. Section 6 (b) of the 1997 Constitution further provided for native land to be preserved in accordance with Fijian custom whereas the 2013 constitution actually omits all reference to customary law.
The 2013 constitution further ensures that all legislation can be amended by a simple majority. The absence of a Senate, comprising of nominees of the GCC and other groups effectively means that changes to legislation affecting native land and interests and rights of interests of other groups, will not be reviewable by an Upper House. This again represents grave dangers to the preservation of native land and alienates the control of the native land from the traditional and lawful owners (the GCC as trustees for the indigenous peoples) into the political arena where the representations of the indigenous peoples on land has been removed by changes to the native land laws as discussed above. It also removes the right of other affected communities to be represented by their nominated group representatives in the Senate as was the case of our previous three constitutions. Aiyaz must realise that his efforts to justify the 2013 constitution, viz native land, is viewed with scepticism and contempt by many as the people have not sanctioned any of the provisions in the said constitution. He would do well to heed the words of James Madison, the fourth President of the United States, who said: “The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived.”
The Editor
Fiji Times Butt Street SUVA
Dear Editor
Aiyaz Khaiyum’s letter in the Fiji Times of 3 March 2014, titled CCF flaws, on indigenous rights under the 2013 constitution cannot go unchallenged. It probably didn’t occur to Aiyaz, before penning his letter, that the 2013 constitution was not the product of the wishes of the people. As such it cannot be said to have any semblance of legitimacy. It is a document that has been foisted on the people by Frank Bainimarama and Aiyaz after they found the Ghai draft constitution to be unpalatable to their (not the peoples) agenda. On protection of native land being more secure than at any other time prior, Aiyaz again tells an unmitigated lie. More importantly, and unlike the current regime as declared unlawful by the Fiji Court of Appeal on 9 April 2009, all other previous governments were duly elected by the people pursuant to a publicly endorsed constitution.
With respect to native land, the truth is that changes to the Native Land Trust Act via Native Land Trust (Amendment) Decree 2010 (Decree No. 32 of 2010) has meant that all 12 appointment to the NLTB is made up of the President, the Prime Minister (as Chairman) and 10 other appointees appointed by the Minister for Fijian Affairs (see Section 3 (1) of amendment decree (supra). What this means, is that that the institution of the Great Council of Chiefs (as trustee of native land under the law) has no say in how matters relating to native land is to be determined. In effect what Aiyaz has done through the amendment to the NLTA is to make board appointments political and in doing so has exposed native land to political machinations, which would pose a grave danger to the previously entrenched provisions affording protection of native land as a valued asset of the indigenous peoples. Such changes to the NLTA are an affront to the right of the indigenous people to have a direct say, vide their representatives, on matters concerning native land. It can in no way, regardless of the hollow rhetoric of Aiyaz, constitute any greater protection on native land.
On matters on entrenched constitutional provisions for changes to native land, Aiyaz again is talking without getting his facts rights. The 2013 constitution has removed all entrenched provisions relating to native land. The only entrenched provision in the 2013 constitution is the immunity section for Frank Bainimarama and military officers and for perpetrators of all other coups (section 158). To add context to my argument, let me show readers what the 1997 and the 2013 constitutions say on native land. The 1997 Constitution, pursuant to section 185 (1) (c) provided for changes to NLTA. Any changes to NLTA would have had to be in accordance with section 185 (k) in that 9 of the 14 nominees of the GCC [as per section 64 (1) (a) of the 1997 Constitution] in the Senate would have had to support any amendment to the NLTA. Section 6 (b) of the 1997 Constitution further provided for native land to be preserved in accordance with Fijian custom whereas the 2013 constitution actually omits all reference to customary law.
The 2013 constitution further ensures that all legislation can be amended by a simple majority. The absence of a Senate, comprising of nominees of the GCC and other groups effectively means that changes to legislation affecting native land and interests and rights of interests of other groups, will not be reviewable by an Upper House. This again represents grave dangers to the preservation of native land and alienates the control of the native land from the traditional and lawful owners (the GCC as trustees for the indigenous peoples) into the political arena where the representations of the indigenous peoples on land has been removed by changes to the native land laws as discussed above. It also removes the right of other affected communities to be represented by their nominated group representatives in the Senate as was the case of our previous three constitutions. Aiyaz must realise that his efforts to justify the 2013 constitution, viz native land, is viewed with scepticism and contempt by many as the people have not sanctioned any of the provisions in the said constitution. He would do well to heed the words of James Madison, the fourth President of the United States, who said: “The people are the only legitimate fountain of power, and it is from them that the constitutional charter, under which the several branches of government hold their power, is derived.”
editor@fijileaks.com
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