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Click Blog tab to read SDL submission on Fijian as national language; public sector jobs; common name: Fiji and Fiji Islander; Church and State Religion in Fiji; also Trouble brewing for Chief Warwar of Malampma in Fiji as submissions back Great Council of Chiefs; CRC Submissions tab to read FTUC, NFP, UPP, FLP, CCF, SDL, John Samisoni, Sitiveni Rabuka, Wadan Narsey and Paula D Raqeukai's submissions; also click In-depth Analysis tab:Bainimarama-Madraiwiwi-Leung nexus: Troika met in secret around grog bowl as Fiji waited for coup, Fiji's constitutional journey to nationhood on 10 October 1970; Opinion tab: Frank's boat is sinking but he will paddle to Ride Out the Waves; Read all about (some of) it; Home tab: Manual for Taming Omnipotent Fiji military;Aiyaz Khaiyum's thesis on destruction of Fijian cultural autonomy

editor@fijileaks.com

How to Overthrow Dictators, Non-Violently! Read HERE

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CONFUSION ENDS HERE: To end all doubts, HERE is the FINAL DRAFT CONSTITUTION handed to the PRESIDENT OF FIJI

The Draft Ghai Constitution | The Explanatory Report | Appendage to Draft Constitution | Professor Yash Ghai's Final Statement

VISA LIAR
Aiyaz Sayed Khaiyum lied to United States Immigration. What other Government has he lied to since becoming the illegal Attorney-General and Minister for Justice?
"The USG revoked Sayed-Khaiyum's 10-year visa in early 2007, notifying him by phone and letter. Interestingly, on the transit-visa application, Sayed-Khaiyum checked the box indicating he had never had a U.S. visa revoked
[Khaiyum] IG's most outspoken defenders of restraints on human-rights"
Ambassador Larry Dinger to Washington
Read Full Report HERE

British Tory MP Patrick Mercer quits party as PM Cameron critic falls for sting operation and pockets £4,000 to lobby for Fiji; Allegedly caught breaking rules by reporters posing as lobbyists who asked him to carry out work on behalf of Fiji. Read full story HERE

ON THE RUN: Drunk Ministry of Defence permanent secretary Peniame Naqasima's "mistress" fled scene as he crashed his car into another family's vehicle as they were just going about their business - police still to arrest Naqasima.

An Alternative Model to Move Fiji Forward
By "Miracle Man"
Click here to read and comment.

THE SPEECH USP BANNED!
"Since 2009, the Fiji regime’s decrees, public stance and prosecutions of media owners, publishers and editors, have effectively prevented the media from being a “watch-dog” on government..." Wadan Narsey's speech that USP prevented from being delivered on World Press Day. Read here

Scuppered Fiji Loans

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Australia’s ban on the World Bank and the ADB lending to Fiji - Professor Stephen Howes Blog claims.
Read full story here

Before coup Bainimarama had told the Bose Levu Vakaturaga that they should "meet under a mango tree and enjoy home brew". So, WHY, is he allowing second tier chiefs to daily sing his praise in the Fiji Sun, call for him to remain PM, and allow them to tell their subjects to vote for his promised political party? Double standard, hypocrisy, or sign of desperation!

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THE BITTER TRUTH: Fiji Cane Growers Association challenges Fiji Sun's glorified and misleading editorial on the regime's cane payment - it will not revive confidence of farmers

FACELESS: Bernadette - airbus free rider- disappears overnight from Facebook

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Former Ministry of Commerce CEO
Isireli Koyamaibole shreds Fiji Sun's propaganda on Illegal Regime’s Stance
on iTaukei Land.
Read Koyamaibole's 
Media rebuttal statement here

What Fiji Sun didn't tell Fiji - Dictator's daughter Bernadette went on taxpayers money with DADDY to "see" second new Airbus 330 in Toulouse, France; Vasiti Vocea, the wife of the Fiji Ambassador to the EU, also hitched free ride to pose in front of new airbus

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Map shows world's 'Most Racist' countries (and the answer may surprise you). Its NOT Bainimarama and Khaiyum's FIJI but India, Jordan, Bangladesh and Hong Kong followed by France, Saudi Arabia, Iran, South Korea. Read more here


SHARK PIRATES: Air Pacific's new Airbus A330 exposed as major shark fin trafficker into Hong Kong

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International airline Air Pacific – soon to be rebranded as Fiji Air – has been exposed as one of the world’s major carriers of shark fins into Hong Kong. In an extensive investigation, the South China Morning Post has reported that the airlines’ new Airbus A330 aircraft were, according to a group of pilots familiar with its operations "basically a thinly-disguised freighter" carrying shark fins to the territory from Pacific islands.Hong Kong is the world centre for shark fin trading with the fins used to make an expensive soup. A coalition of environmental groups claim in a letter to the airline that a “substantial amount” of the shark fins imported into Hong Kong arrive on Air Pacific. SCMP said suspicions were raised in March by a speech given by Hong Kong Secretary for Transport Anthony Cheung Bing-Leung at a welcoming reception for a new Airbus A330 on the airline's Hong Kong route...Read more here

BRITAIN'S fragile legal legacy in Fiji, Sri Lanka, Zimbabwe and the Commonwealth

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"In Fiji in 2009 the court of appeal ruled the government of Frank Bainimarama, which had seized power in a coup, should be removed – a brave stand, and the judiciary’s last, as all judges were dismissed soon after..."  Read full article 'Britain's fragile legal legacy' HERE by Eduardo Reyes, Features & Commissioning Editor, The Law Society Gazette, UK.
Also, read the recent Fiji High Court judgment State v Citizens Constitutional Forum Ltd, ex parte Attorney General [2013] FJHC 220; HBC195.2012 (3 May 2013)

Guatemalan military dictator jailed for 80 years for genocide against own indigenous groups

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Justice catches up
A court in Guatemala finds former military leader Efrain Rios Montt guilty of genocide against indigenous groups in the early 1980s. A three-judge tribunal sentenced the 86-year-old Montt to 80 years in prison. Relatives and indigenous leaders cheered when the sentence was read out by Judge Jazmin Barrios in Guatemala City. Montt came to power through a coup in March 1982 in the middle of Guatemala's bloody war, in which Marxist rebels battled the military regime. Full story. Also, read the former dictator's Profile.


SHUT OUT:  "As part of the World Media Freedom Day celebrations by the USP Journalism Students Association I was invited and had accepted an invitation to be the Chief Guest and speaker on their program.The USP management instructed the Head of School (Professor Mishra) and the Dean of FAL (Dr Kendrayate) to have me removed from the program and this was done.It is an ongoing tragedy that our regional university continues to limit the academic freedom of not only the academic staff but also the students, while depriving this Fiji citizen of his freedom of speech and academic discourse to the journalism community." - Professor Wadan Narsey. Read Narsey on how Fiji media moguls have been squashing media independence post-2006 coup.

Deposed Prime Minister Laisenia Qarase to Aiyaz Sayed - Khaiyum: Apologize for your insulting behaviour towards the chiefs, Naitasiri people and indigenous Fijians generally!

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Insulting time immemorial Fijian protocols - Khaiyum
explaining his Draft in Naitasiri
"In the Fiji Sun of 30.4.13 the Attorney General, Mr. Aiyaz Sayed Khaiyum was shown standing in front of a tanoa of yaqona with the people of Naitasiri sitting down. The Attorney General was explaining Government’s draft Constitution as part of the public consultation process. Mr. Khaiyum appeared to be trying to make a point to his audience. Mr. Khaiyum’s conduct and behaviour was the height of insult not only to the chiefs and people of Naitasiri, but also to the indigenous Fijians generally. Even indigenous Fijian chiefs do not stand so close and in front of a full tanoa to talk to their people.Leaders of other ethnic communities in Fiji, who understand and respect indigenous Fijian culture and tradition, would find Mr. Khaiyum’s conduct as unacceptable. Mr. Khaiyum should issue a public apology to the people of Naitasiri, the indigenous Fijians generally, and to all communities in Fiji who value and respect our diverse cultures and traditions. Mr Khaiyum’s failure to correct his misconduct will not help Government’s policy of multi-racialism for our country." The former PM Laisenia Qarase's Media Statement.

FIJI'S BIRTHDAY DICTATOR CAKES UP AT 59

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"I can have my coup cake and eat it, too! My State Services Decree requires, you, and your teachers, to retire at 55 but, Oh, No, it exempts ME. I brought the Decree in 2009, and now I am 59, and still illegally in charge of your destiny."

NEW: Professor Biman Prasad's Speech, "The Status of Teachers in Fiji’s Emerging Democracy" to the Fiji Teachers Union. "To make matters worse, the Bainimarama government implemented an ill-conceived retirement policy, which effectively shuts out productive and experienced teachers after the age of 55. This policy has now been included in the draft Constitution, and will thus commit all future governments to retire teachers at 55. This can surely be questioned: retirement age is a policy matter and NOT a constitutional matter." Read HERE

MOMIGATE - BAINIMARAMA TRIED TO $ELL MOMI BAY RESORT "CASINO PR0JECT" TO SOUTH KOREANS
"The Prime Minister informed the delegation that the investor for this particular project has gone bankrupt and there was also a substantial amount of money that was invested into the project by FNPF. The government was trying its best to sell the Momi Bay Resort in order to recuperate its cost, and the idea that was floated once to the government was that, if a casino is enticed to the resort it would attract potential buyers for the resort" - REPORT ON THE KOREAN TRADE AND INVESTMENT MISSION TO FIJI 29th NOVEMBER- 4th DECEMBER 2009

Playing Roulette with i-Taukei Momi Land
"The Hon Prime Minister was very impressed to hear Prof.Cha’s views and asked him the dollar value of setting up a casino. Prof Cha informed the Prime Minister that to set up a casino will cost about US$30 million, that includes machines and also training the individuals who will be employed. Prof Cha assured the Prime Minister of his assistance in this regard and even offered to invest and set up the casino on his own accord if the government finds it difficult in looking for the much need funds, if the government endorses the operation of casinos in the country in the near future. The Prime Minister then requested Prof Cha to have a look at the Momi Bay Resort which the government is embarking on to sell..." Read The Korean Trade Delegation Report 2009 HERE
Frank-Aiyaz-Claunch rolled  out false casino dice
“But if this deadline of starting construction in May is not adhered to, there would be consequences. There has been an extension of time given to the casino license holders and they need to commence construction by a particular date in May.If they do not, there are obviously consequences in terms of license itself. We anticipate them to commence construction on the casino proper and the convention centre and hotel by May.” Aiyaz Khaiyum re One Hundred Sands Ltd. His aunty negotiated deal on behalf of Larry Claunch, the American behind the Momi Bay Resort Casino project. In December 2011 Bainimarama announced that One Hundred Sands Limited has been granted Fiji's first casino license. He, however, was not trying to imitate "Las Vegas" in the South Pacific.
PM Qarase takes Aiyaz on Momi land swap
"Mr. Khaiyum, there is no link between the Momi Bay land swap and the entrenchment in the Constitution of certain laws. The truth is that in the draft Government Constitution the protection of native land which has existed since independence in 1970 has been taken away. This fact is printed in black and white and the whole of Fiji knows. While still on Momi Bay let us have a brief look at some of the significant effects of the military coup on both the Momi Bay and Natadola Resorts Projects... All these have been lost due to the coup as investors and potential investors on the two properties moved swiftly away from Fiji..." Read Prime Minister Laisenia Qarase's full response on Momi land swap HERE and his statement A dictatorship entrenched in the Constitution is not the right form of Government for Fiji

Commonwealth Ministerial Action Group Call on Bainimarama to Step Down. Statement on Fiji (26 April 2013): CMAG re-affirms unwavering solidarity with the people of Fiji; wants withdrawal of the military from involvement in government; restoration of structures necessary for credible elections, including an independent Election Management Body; ability of political parties and candidates to contest elections freely under fair and consistent rules and on a level playing field; a transparent and consultative process to achieve a constitution that accords with Commonwealth and internationally-accepted standards for democracy, good governance and the rule of law, and that genuinely enjoys the endorsement of the people of Fiji; and full respect for fundamental human rights and freedoms in accordance with international law and without undue restriction, including freedoms of speech, association and movement, and a free and independent media. Read Full Statement HERE


NEW DOCUMENT: "Briefing Information & Special Request from the USP-devoted IE for Justice Pertaining to the On-going Push for a SPECIAL INQUIRY TO INVESTIGATE SERIOUS ALLEGATIONS CHARGED AGAINST THE SENIOR MANAGEMENT/ADMINISTRATION OF THE UNIVERSITY OF THE SOUTH PACIFIC (USP) – And Demanding that the USP VC, Professor Rajesh Chandra Must Be Held Responsible";Tax evasion, embezzlement of funds etc charges READ HERE

REGIME'S BARKING PUPPY FILIMONE KAU CAUGHT ON CCTV CAMERA IN DOG THEFT SCANDAL:
South Korean police question Fiji's ambassador and former Peoples Charter for Change propagandist and ex-head of Bainimarama's Land Bank over theft of a pair of Shih Tzu and Pekingese dogs. Like his master handler back home, Kau invokes Diplomatic Immunity under Vienna Convention

By Philip Iglauer in The Korea Herald

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Kau - The Puppies Thief?
Fijian Ambassador to Korea Filimone Kau and his wife were accused by Yongsan District police of making off with a pair of toy dogs earlier this month. What remains unclear is whether the Pekingese and Shih Tzu proved irresistibly adorable for the diplomatic couple or if it was all a misunderstanding that spiraled terribly out of control. The owner of a local Itaewon watering hole identified as Nam, 43, told police she left her pet dogs with the couple to watch after while she closed up at midnight on Feb. 3. The next thing she knew, her lovable pooches were gone, along with the couple. When she called the police, however, all she could tell them was: “They said they were from Fiji.” Bar owner Nam also told police that the couple would stop by for a cocktail or two on occasion. Police eventually discovered after cross referencing Fijian visas one by one with CCTV video retrieved from the bar that the couple they were looking for was in fact the Fijian ambassador and his wife. The police summoned the ambassador to appear at the Seoul Yongsan Police Station to clear up the matter, but Kau, 53, refused their request citing diplomatic immunity. Fiji and Korea established diplomatic relations in October 1970, but the island nation in the South Pacific about 1,000 miles from New Zealand opened up an embassy in Korea in July last year. Kau is his nation’s first resident ambassador to Korea. He presented his Letter of Credence to former President Lee Myung-bak in October last year.Because he would not talk with investigators at the police station, the police visited the Fijian Embassy in Itaewon shortly after April 15.
“I thought she gave them to me,” Kau told the police. Kau then gave the dogs back to Nam, but the incident may not be over yet.

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THE GHAI COMMISSION'S FINANCE IS ALL IN BLACK AND WHITE FOR PUBLIC INSPECTION
The Constitution Commission's Audited Account signed off by PricewaterhouseCoopers. Now, we challenge KHAIYUM & BAINIMARAMA to respond to UFDF's call: "DISCLOSE your incomes and assets, including properties you have acquired since seizing power; moneys held by you in your overseas accounts and properties held there, if any; government accounts and finances and the Auditor General’s reports, as required under the Finance Management Act, and etc, etc, etc, since 2006"; Reveal how much of taxpayers money you are spending to SELL your own Draft...give us weekly audit financial reports

"How much did Ghai team spend", Khaiyum asked Labasa audience. Victor Lal responds to question

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Labasa salesman?
AIYAZ SAYED-KHAIYUM NEVER contributed a cent towards the Professor Yash Ghai chaired Constitution Review Commission. And yet the treasonist had the gall in October last year to demand that the CRC supply him monthly audited reports for, as he told his brother's Fiji Broadcasting Commission, "the public needed to know how their money was spent". The public nor the regime contributed a cent towards the Commission. The funding totalling $1,600,314 came from Australian Aid, American Bar Association, New Zealand Aid, British High Commission and the European Union. In any case, the Commission was not obliged to provide him any details, for there is no such requirement in the Constitution Decree. The requirement was to do an audit at the end of the process.  Khaiyum wanted the Commission to publish a vast amount of information through  paid ads in dailies, most likely with the intention to boost the revenue of the State lackey propaganda daily, The Fiji Sun. The Commission was too busy finalizing the Draft and Report then. It accounted to donors on a monthly basis. They were very happy with the Commission's very detailed accounts.
According to reliable sources inside the Attorney-General's chambers, Khaiyum had not contributed a cent towards the Ghai Commission for all along he had a secret plan - to ditch the Ghai Constitution and replace it with his own version, which had been gathering dust in his cupboard since 2010. And yet, he once again reverted to maligning the Commission, while selling his OWN Draft Commission in Labasa, with Fiji Sun crying out in its headline on 14 April 2013: "How much did Ghai and team spend?".

The regime propaganda sheet reported from the Labasa meeting: "Former Fiji Labour Party parliamentarian Surendra Lal asked during last week’s draft constitution consultations in Labasa how much having the Ghai draft constitution done cost.The Attorney-General, Aiyaz Sayed-Khaiyum, told Mr Lal that even the Government would like to to know that. Mr Sayed-Khaiyum said under the decree Yash Ghai was supposed to inform the Government about this, how much money had been spent, who gave the money and who they gave money to? He said to date Mr Ghai had not done anything about that." 

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Well, here is the Commission's audited financial report, signed off by independent financial auditors, PricewaterhouseCoopers, Suva, Fiji. Let us see if Khaiyum will practice what he has been preaching - reveal all that has been demanded from him and the illegal regime.
Download CRC's Audited Report, February 2013

NEW PARTY: FTUC registers its People's Democratic Party

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SKYPE CHAT OFF FOR 2 WEEKS NOW: Police sources say their boss has "stroke" in right hand

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BEDDOES stands by his attack on MSG in his ABC interview and is undeterred by the personal attacks levelled at him by Aiyaz Khaiyum.

"I believe the MSG Leaders owe the Chiefs and people of Fiji an apology for their disgraceful conduct and behavior, because the MSG is founded on cultural and traditional values as much as it is about good governance, accountability and transparency and the rule of law" Read HERE

The Khaiyum Brothers Preacher of Hate says he paid $300/400 to FBC for half-an-hour Islamic broadcast against Easter Sunday celebrations.

Listen to his latest confession HERE

Read also The Khaiyums $22million bank loan to set up FBC TV

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The Khaiyum brothers, Riyaz (left) and Aiyaz, with Frank Bainimarama at the FBC TV launch in November 2011. On right, the anti-Christian Preacher of Hate

Regime retaliates against US for funding CCF and other NGOs in Fiji: All US bound civil servants must be cleared by Bainimarama

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UNITED FRONT FOR DEMOCRATIC FIJI RILES AGAINST FIJI'S REICH PRESS ON SIGATOKA MEETING
Regime propagandist FM96's Vijay Narayan followed Aiyaz Khaiyum all the way to Labasa, sat in the front row as the illegal A-G spoke on his new Constitution there and yet Narayan did not bother to cover UFDF meeting in Sigatoka

UFDF meeting Chair Mick Beddoes issues statement regarding remarks attributed to the Turaga Na Kalevu Ratu Sakiusa Makutu by FM96’s Vijay Narayan in relation to the UFDF Meeting held in Sigatoka Village, Nadroga

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Beddoes
In his statement Beddoes said that The Turaga Na Kalevu is absolutely correct when he says he did not invite the UFDF to meet in Nadroga, because the meeting was organized by the UFDF as part of its ongoing schedule of public meetings around the country to give people the opportunity to hear the ‘other side of the regimes 2013 draft. Beddoes said the UFDF’s Nadroga committee made the necessary arrangements which included traditional representations to the Turaga Na Ka Levu to advise him of our intention to meet in his Province, and to seek his blessings.
Beddoes said it is indeed unfortunate but not altogether surprising that regime friendly media personnel did not take the opportunity to attend the meeting at Sigatoka village and put his question directly to us instead of his rather disrespectful attempt to drag the Ka Levu into what is essentially a non issue as far as the UFDF is concerned because the meeting proceeded as planned and the UFDF is grateful for the successful outcome and the unanimous endorsement for the People's Petition which was launched at the close of the meeting.
The UFDF was grateful to the Turaga Na Kalevu for allowing them to hold the meeting and to all those who attended and in particular Beddoes said, the UFDF was very grateful to our Nadroga hosts who were kind enough host lunch for all those gathered including members of the media.
Beddoes said that as Meeting chair he was responsible to see that all matters were in order and if there was any lapse on his part pertaining to seeking the consent of the Turaga Na Kalevu, he would like to reassure the Turaga Na Kalevu that no disrespect was intended and in all humility he offers his unreserved apology for any embarrassment that his short coming may have caused the Turaga Na Kalevu.



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Regime propagandist Vijay Narayan (circled) at the Labasa consultation meeting, enjoying a ringside seat given to him by Aiyaz Khaiyum

The UFDF Peoples Petition: "We the people of the Fiji Islands declare that we seek a Constitution that frees us from fear, oppression and injustice and helps to transform our homeland once again into a symbol of hope for the world...READ MORE; See also Statement & Photos from Sigatoka


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"The absence of an independent judiciary and the inability of citizens to challenge the decisions of government are matters of serious concern. Since the abrogation of Fiji’s previous constitution in 2009, law-making has taken the form of presidential decree. Decrees are often passed into law at short notice and without any form of public debate or scrutiny. All decrees are absolute and un-appealable. The Administration of Justice Decree (2009) prevents legal challenges against any decree promulgated since December 2006. In 2012, the State Proceedings Decree further reduced the legal accountability of government officials and civil servants by granting them immunity against prosecution relating to any public statements made in either a professional or a personal capacity...the judiciary remains compromised..Latest Update: 31 March 2013 - In the last three months the human rights situation in Fiji has deteriorated. The Government’s re-writing of the constitution and the heavy restrictions placed on political parties are ominous signs for the democratic process.  And the UK remains deeply concerned by further evidence of the use of torture by state officials." - The 2012 British Foreign & Commonwealth Office Report. Download Full Report and read section on Fiji, pp 170-74.


FRANK BAINIMARAMA'S POLITICAL CIVIL SERVANT AND PARTY OBJECTOR EPELI VUASE
Soldier-cum-Public Relation Co-ordinator in PM's Office VUASE broke civil service rules in objecting to Social Democratic Liberal Party's registration application
Book publisher to Fiji Correction Service and regime lackey KISHORE KUMAR
of Kishore Kumar Publication was second objector to the party's registration application
Read on Fijileaks Blog site


AIYAZ KHAIYUM'S LIES ABOUT LAND SWAPPING:
The Fiji Cabinet Paper 2006 flies in the Liar's Face

One of the regime's propaganda organs, Fijivillage, took Aiyaz Sayed Khaiyum's pack of lies at face value and ran off with the story: "Transfer of i-taukei to freehold land in Momi revealed". It reported the following: "There are revelations today the Laisenia Qarase led cabinet in June 2006 had converted 68.7 hectares of i-taukei land to a Crown grant which is freehold land for the Momi Bay Resort project. While speaking in a draft constitution session, Attorney General Aiyaz Sayed-Khaiyum publicly revealed the signed cabinet documents from June 2006 which showed the then Minister for Fijian Affairs and Lands took the paper up for discussion which was approved in a cabinet meeting on the 4th of July, 2006. Sayed-Khaiyum said although the native land related laws were entrenched at the time and clearly prevented anyone from converting i-taukei land to freehold land, this was done in this case. The land was swapped with freehold land that the developers gave to the state... Sayed-Khaiyum said they have gathered all the documents and this will be presented to the Prime Minister for possible further action." However, Fijileaks is publishing the copy of the Fiji Cabinet paper of July 2006 on the matter, which clearly reveal the pack of lies Khaiyum was peddling at the meeting. There was nothing sinister about the land swap - what is sinister and evil is the length to which Khaiyum and his puppet dictator Voreqe Bainimarama are prepared to go in hoodwinking a few unsuspecting indigenous Fijians.

Do Bigha Zamin
"Hello, my name is LAILUN KHAN. As CEO of FITB, I had purchased two pieces of prime land in Momi for $300,000 each. Now, with my chamcha Minister for Tourism and Films Aiyaz Khaiyum, I am acting as Fiji agent for Bollywood movie-makers"

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Editor's note: See also Victor Lal,
“Our names are Khans: Mohammed Afzal and Lailun Khan”

By PROFESSOR BIMAN PRASAD
The Decline of Sanatan Dharam Pratinidhi Sabha of Fiji: Dissent in its ranks

"The current leadership of the Sabha has put the whole organization to disrepute. One has to only compare ethical and professional leadership standards shown by other religious and cultural organizations in Fiji with what the Sanatan Dharam Pratinidhi Sabha is able to put up. It then does not take long to understand why so many Sanatani’s have been put off by the current leadership. Many are disillusioned with the organization and have shied away from participating in its activities. What you hear from the ramblings of Mr. Vijendra Prakash and Mr. Dewan Maharaj is lectures to the ordinary members on how they should behave and not question them. In addition, no one questions their individual loyalty and support to the Bainimarama government. However, Mr. Vijendra Prakash and Mr. Dewan Maharaj have given statements and dragged the Sabha into the political arena by openly declaring that the Sabha supports the government’s 2013 draft constitution. This is nothing short of misrepresenting the views of the ordinary members. Nothing was discussed about the draft Constitution at the convention yet Mr. Vijendra Prakash and Mr. Dewan Maharaj have gone openly to the media declaring the Sabah’s support for the draft constitution. In fact they have gone against the government’s often stated position that religious organizations should remain apolitical...To add insult to injury to all the Sanatani’s in Fiji, a man who is currently before the court for presenting false transfer documents to transfer a temple property belonging to Shree Sanatan Dharam Nasea Ramayan Mandali to the Sanatan Dharam Pratinidhi Sabha of Fiji, has been elected National President."  Read HERE

Ro Kepa defies illegal regime as Rewans pour into Albert Park to fight for indigenous rights robbed by Aiyaz Khaiyum in his shoddy half-school "bad law" Draft Constitution 2013. Read Khaiyum's "Destruction of Fijian Autonomy" thesis HERE; Click for more photos HERE

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BOGUS FRONT: As "Dictator Daddy" orders civil servants in his radio message to vote for him in 2014 elections, it emerges that son Meli is running his security company from the house (pictured below) owned by son of former convict civil servant and PS Agriculture, Peniasi Kunatuba, and one Joanna Lee at 55 Siga Rd, Laucala Beach, Suva.
FSGI security firm is illegally exploiting RFMF Logo to promote company.
Kunatuba has gone from jailbird to acting Deputy Commissioner for Fiji Corrections Service, only in Bainimarama/Khaiyum's Fiji

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MILLION DOLLAR MAKEOVER: Aiyaz Khaiyum handed Qorvis over $1million ($F72,000 monthly) since 2011 to brush up illegal regime's image as ordinary people complain to dictator about lack of water, electricity and homes since the coup and cyclones

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Qorvis-Khaiyum Image Makeover Contract

FROM THE INSIDE: An Officer Corps view of the Dictator; Disclaimer - This Document "CAN PRIME MINSITER COME BACK AFTER THE 2014 ELECTION TO LEAD THE MODERN
FIJI?"
came to us from an anonymous source


Beddoes tells regime: "Unwrap Immunity Cloth" and submit yourselves to rule of law

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Former UPP President Beddoes says the announcement by the PM on Friday 22nd 2013 lacked sincerity, tact, empathy, humility, fairness and compassion and demonstrated yet again his utter contempt for the people he claims to be acting for?

Beddoes said it lacked sincerity and tact because the PM again breaks his promise to the people of March 9th 2012 when he said and I quote ‘for the first time everyone will have a voice, this is a fundamental part of the constitutional formulation process that cannot and must not be compromised’

Beddoes said the voice of the people was openly expressed through more than 7,000 submitters to his Constitutional Commission in 2012, but many of these submitters were subjected to verbal abuse and threats from the PM himself and when the 2012 draft actually reflected the people’s views and not necessarily the Regime’s, the police were authorized to confiscate the printed copies of the 2012 draft  and ‘burn copies at the printers as well as abuse its Chairman Professor Yash Ghai, demonstrating a total lack of empathy or humility towards his own appointed Commissioners and to the people of Fiji at large. So much for the promise that the process ‘cannot and must not be compromised’

Beddoes said a quick review of the Regime’s 2013 Constitution confirms that after 6 years of absolute control they are still unable to govern the country in a free, open and transparent manner and instead plan to continue with their suppression of the people by severely restricting the people’s right to Freedom of Expression, Freedom of Assembly, Freedom of Association, Labour Relations, Freedom of Movement, Political Rights and even Rights to Privacy. All these rights have been severely restricted, far more than the 1997 constitution and the 2012 Draft.


The 2013 constitution does not contain any provisions with respect to Land? A major concern for our indigenous people.

What the Regime does do in their 2013 Constitution is safeguard their own self interest by abrogating their responsibilities as officers of the state to be accountable to the people and instead they have all chosen to hide behind the entrenched immunity provisions so they can escape responsibility and accounting for all their actions since December 2006 and for all the illegal and unlawful actions they plan to take in the future and all the while pursuing and persecuting their political opponents with trumpeted up charges through the manipulation of the law via decrees, all in the name of the democratic principles they promote but continually fail to comply with.

Beddoes said the people should always consider the flip side to the Regime’s actions because it explains why they do the things they do and what their 2013 constitution is telling us, is that they are all afraid that one day, [and make no mistake, that day will come] they will all have to front up to an Independent Court of Enquiry or the International Court of Justice and account for all their wrong doing.

Beddoes said the other flip side to their actions is that NOT ONE OF THEM from the President down actually believes in anything they have done, enough, to be willing to step out from behind their immunity protection and dig deep for what remains of their moral compass and go defend their actions it in a court of law, just like every other Fiji citizen is expected to do.



UNSISTERLY ACT: BHAINI-MARAMA dumps Fiji women's rights from his Draft Constitution

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Fiji Ministry of Information

HOW TO SEND IN FEEDBACK ON FIJI’S DRAFT CONSTITUTION

By Mail:

Send your feedback to the Office of the Solicitor General

Level 7 Suvavou House, Victoria Parade, Suva

P O Box 2213 Government Buildings Suva

Fax: +679 3305421

By Email:

Email your feedback to feedback.fiji.cons@gmail.com

By SMS:

Text your feedback to 02. This service is available to both Digicel and Vodafone customers at 5 cents a text.

On Facebook:

Post your feedback on Facebook. Look for the “Constitution” tab on the Ministry of Information’s Facebook page:

http://www.facebook.com/pages/Fiji-Ministry-of-Information/207532522613024

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DADDY'S PRIVATE MILITIA? Dictator Bainimarama's gun-toting rogue son Meli forms security and training company as father declares he will stand in elections and WIN


By VICTOR LAL

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Meli - "Rambo" of Fiji
HE is monster of a son by all accounts. MELI BAINIMARAMA junior, the son of Fiji's dictator Voreqe Bainimarama, shot to prominence when he appeared with his father's treasonous troops at the residence of Laisenia Qarase to "capture" the democratically elected Prime Minister of Fiji in December 2006. Since that day, he has not looked back, indulging in wanton pleasure and profiteering from the ill-gotten gains of his father - the present illegal Prime Minister. Now, it has emerged that on 22 February 2013 he formed a Fiji chapter of Fijian Solutions Group International, an American-Fijian based security and security training company. He is listed as director of the Fiji company, and operating out of 55 Siga Rd, Laucala Beach, Suva. And guess where he claims to be residing - yes - 70 Muanikau Rd, Ratu Sukuna Rd, which his father is occupying presently. The house is the former official residence of the sacked Chief Justice Daniel Fatiaki. According to highly placed military sources Meli Bainimarama, who is no longer a soldier, and his "security men" have unlimited access to army military training compounds and weapons from the RFMF armoury. The army sources claim that the company is a "front" for Meli and his men to take security charge of the future Prime Minister of Fiji after September 2014; i.e. Voreqe Bainimarama who will rig the elections to WIN and under his Draft Constitution the new Prime Minister will also be the Commander-in-Chief of the RFMF. Welcome to future Saddam Hussein and Sons type Fiji - where dynastic rule and mob violence might become the signature trademark of the Bainimarama clan.

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Narsey: Bainimarama/Khaiyum Constitution is final stage of "successful coup"

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"The Regime refuses to call a Constituent Assembly. But nothing stops the people of Fiji from calling their own People's Constituent Assembly. All the social, political, religious organizations and concerned individuals who want to, can have a two day meeting to discuss what is in the BKC; agree wherever they can on common concerns and positions. They can publish their communique through an advertisement in the media and as an open letter to Commodore Bainimarama. They have nothing to fear: all this is allowed by the BKC. Fiji people have so far meekly accepted being herded here and there, like sheep through the corrals of Animal Farm. But they could announce, as in Merry Olde England: the Constituent Assembly is dead. Long live the People's Constituent Assembly." Read more


Former Fiji Human Rights Commission chief Dr Shaista Shameem says Draft Constitution lawyers reveal woeful lack of constitutional law expertise. Read her full analysis HERE

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FLP leader Mahendra Chaudhry condemns Bainimarama-Khaiyum Constitution: "The Fiji Labour Party rejects outright the imposition of the regime’s tailor-made constitution on the people of Fiji.The document does not reflect the will of the people and deserves no credibility and no recognition. It is merely an entrenchment of the old order established since April 2009 and is meant to consolidate the regime’s hold on power. It is a highly regressive document that entrenches the fascism and absolutism Fiji has experienced in the past seven years under this regime. It should be noted that all draconian, repressive decrees enforced since 2009 will continue in force." Read the defiant statement HERE.  Also, read FTUC Press Release HERE


The Khaiyum Constitution: As Bainimarama axes the proposed Constituent Assembly & prepares to become  Prime Minister, wrapped in total immunity, the illegal regime publishes its
Draft Constitution. Unlike the Ghai Constitution, the regime is making its own available to public for comments and feedback, so it can manipulate result. Download Constitution HERE. Listen to his rambling speech to the nation, and wait for Draft Constitution by reading his Fiji Sun

Despite Public Emergency, Bainimarama had given his approval for Pacific Theological College to carry out intensive research among the grassroots: Download Full Report Findings HERE


Sacked Suva City and Lami Town administrator and Sanatan Dharm Prathinidhi Sabha national secretary Vijendra Prakash waxes lyrical "bhajans" for Bainimarama in hope of getting his old job back

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Prakash
22nd February 2010
The Permanent Secretary
The Office of the Prime Minister
Government Buildings
Suva.

Dear Sir             
Re: Request to seek an appointment with the Honorable Prime Minister.

"I am requesting your office to facilitate an appointment with The Honorable Prime Minister at earliest possible time available to him. My meeting is to discuss with the Head of the Government reasons behind my termination as Special Administrator Suva City and Lami Town since 30th September 2009. I have written letters to the Minister for Local Government and to your office but did not receive any reply till date seeking justification for my termination and to clear the air for the reasons behind termination.

My meeting in your office in December 2009 gave me some hope that you would assist and give justification to the termination. Time has past long enough and it’s over five months now, still I am kept in suspense and this is a matter of great concern to me, my family, members of the society locally and abroad who still feel that I have made some mistakes, which I have denied all along. I am jobless for five months and it has affected me a lot in terms of my earnings, payments to settle, lapse of Insurance policies and social obligation to meet. This long wait for justice has affected me a lot.

I haven’t reached my retirement age and scarified my permanent position in civil service to help move the nation forward with honesty, dignity and pride. Never knowing that the dedication that I had to serve this nation will be at the dismerciful acts of a few who have their own agenda to cut me off at this prime time to serve the nation.

Sir, please note that the former Permanent Secretary, Local Government who was terminated on almost similar reason has been reinstated on full pay and when I am seeking justification from your office of unwarranted termination, I am kept in vain and pain all this while.

There is only one hope left for me and that is to personally seek justice from the Honorable Prime Minister. Please make an appointment for me to meet this leader of our nation regarding my case. I have assisted this nation since childhood and currently, to the Hon. Bainimarama Government the most. I need fair hearing and find out who is behind my unwarranted termination and what the reasons behind my termination are. I believe someone authorized an inquiry to be conducted without my knowledge while I held my position as Special Administrator and that resulted in me being terminated from my position.

I still strongly feel that those behind my termination need to be investigated and appropriate action taken if they are found guilty. In fairness to all I need to be reinstated to my position as Special Administrator with full pay hence forth. As an honest citizen of this nation I deserve to be given my right of fair hearing." 

Thanking you.
Yours faithfully

Vijendra Prakash


Fijileaks Editor: We have withheld his mobile number which he gave to Bainimarama to contact him

Brig-General Mohammed Aziz's wife gets teeth into Bainimarama's soldiers dentistry budget

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CORRUPTION keeps shooting up since the 2006 treasonous coup. Now, it has emerged that  Brigadier-General Mohammed Aziz's wife has got dentistry contract for Fiji Military Forces - as a reward for her husband writing the Doctrine of Necessity speech for Bainimarama, and also for halting the police interview when a soldier confessed that he killed the mutinous CRW soldiers in November 2000 on Bainimarama's orders.

While PNG election loser Somare says leave Fiji alone, his former army commander slams Bainimarama's pro-prisoner video beating comments

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Major General (Retired) Jerry Singirok tells Radio Australia: "What the soldiers in Fiji have done is demonstrated the fact that they are above the law, that they will not abide by the constitution, if there's any, and they're a law unto themselves. In that regard, it erodes real confidence in the government, in the military and in the whole system. I deplore, I condemn the actions by the soldiers.They have acted beyond the call of duty." : Listen to the interview HERE


New document by Jill Cottrell Ghai and Christina Murray to assist Constituent Assembly members and other interested parties and individuals

Companion to the  Draft Constitution for Fiji as produced by the Professor Yash Ghai chaired Constitution Review Commission:
Editor: You will find the previous documents listed below Fijileaks masthead. Read the full new Jill Cottrell-Christina Murray document HERE or Download HERE

Bowing to regime pressure: Judge Anjala Wati dismisses political party decree case, WRONGLY!
She is under one-year-contract, so fears for her job. Read Aussie lawyer's analysis of ruling here; listen to the interview

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"This is not an apologia for excessive use of force on the part of the police, as doubtless some of Grubsheet’s critics will argue. Yet there seems little doubt that certain elements of the criminal class in Fiji have a sense of entitlement that poses a very real threat – even in relatively peaceful times – to the rights of all citizens to not only feel, but be, secure and unmolested. This demands a particular resolve on the part of the authorities and some excesses are doubtless inevitable. They can’t be condoned but they can at least be understood, set against a social background in which violence has been an accepted feature for so long...when we were watching that video of those prisoners being degraded and were appalled, we were also watching something of ourselves." Graham Davis in Grubsheet. Read full opinion HERE
Fijileaks: Speak for yourself and  Bainimarama! We don't see ourselves through same lens


Brutality & bestiality of Bainimarama's terror men: watch video with English sub-titles HERE

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CCF Statement:

Bainimarama is undermining rule of law and justice for his support over prisoner beatings
Read here
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Ankle breaker: Eparama Gotegote from Police Strike Back Unit, Nasinu

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UN Human Rights body:

“We also call on the authorities to ensure that perpetrators – who are clearly visible in the video and should be easily identifiable – are brought to justice.." Read here
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Standing by his terror men
Frank Bainimarama:

“At the end of the day, I will stick by my men, by the police officers or anyone else that might be named in this investigation. We cannot discard them just because they’ve done their duty in looking after the security of this nation and making sure we sleep peacefully at night.”



"ISA na luvequ! Oilei turaga! Sa mosi dina na yaloqu, na cava beka e leqa (Oh my son! Oh Lord! My heart is in pain, what is the problem)." Read mother's anguish on seeing the brutal video

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Regime torturers on the loose in Frank's Fiji

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"I was picked up, beaten and tortured by soldiers and a police officer for a whole night. My only crime was I looked like a marijuana user. 

I was only 19 and had planned to become a Chef after completing a catering course at High School and was looking forward to furthering my training at TPAF in 2007.

I was picked up on the evening of the 24th of February and with my 2 friends we were subjected to a night of beating, and torture as well as being forced to perform sexual acts on each other at the pleasure of our torturers."

Life snuffed out - did military goons murder him?

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19 year-old Jonathan Naikalivou died at the ICU ward, CWM Hospital in Suva after he was assaulted by a group of men outside the Union Club in Suva. Jonathan went out on Saturday, the closing day of the Hibiscus night in August last year, when he had an altercation with a person at the Union Club. Security at Union Club when questioned said that he was set upon by around six people outside the night club after he was ejected from inside. Security identified the assailants as Military people. He last remembered being set upon by around 6 people and thrown on top of a parking car before he blacked out. He later regained consciousness and walked to the bus station to catch the bus home. On Wednesday night, an uncle took him to hospital because he could no longer take the pain. He later died in hospital on September 11th a few days before his 19th birthday diagnosed with a ruptured spleen. Up until today, nothing has eventuated from the Police investigation of his death. His file is still sitting somewhere at the Totogo Police Station and his mother is still mourning his death. Jonathan was a second year student at the Fiji National University doing his Diploma in Electronics Engineering. He wanted to follow his uncle’s footsteps to be an Aircraft Engineer.


CHIEF MURDER SUSPECT BAINIMARAMA STILL AT LARGE: NATURAL-BORN RFMF BRUTES
VICTOR LAL will be revealing more on the role of Bainimarama, Aziz and others in the killing

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MINED NBF TO DUST: Viti Mining Ltd director John Sanday owed collapsed Fiji national bank $131,775; in 2007, VML had $631 in bank, recorded net loss of $5,584, and no financial asset. As Mineral Dept processes VML license to mine manganese in Fiji, Fijileaks will be publishing VICTOR LAL's on-going findings into the collapsed bank,  Sanday's debt and history of VML

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Viti Mining Limited director John Sanday presenting at the Mineral Resources Department in Nabua, Suva, 1 March 2013


Pakistan Taliban confirm recruiting Islamic jihadists from post-coup Fiji; The Defence White Paper 2004 had warned: "Fiji Muslims potential incubator for Osama bin Laden and Taliban"

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Friend or foe of Fiji Muslims?
Shortly before the 2006 coup, VICTOR LAL had exposed in his then weekly column in the Fiji Sun, the highly controversial and secretive Defence White Paper 2004, and later argued that the Report was one of many factors which prompted Frank Bainimarama to seize power. Many Fiji Muslims were unhappy with the Report and hastily joined the illegal regime or became its cheer leaders. The Report, while calling for the downsizing of the army, had also warned that Fiji Muslims could become the fifth column of Osama Bin Laden and the Taliban, "a potential incubator for religious zealots in the age of al-Qaeda related global terrorism". Now, reports from inside Pakistan quote the Taliban as saying: "A few months ago, we even welcomed some (two or three) people from Fiji for the first time!". Fiji Police Commissioner Brigadier Ioane Naivalurua has directed his officers to verify the report, with Fiji police using their network abroad to assist in the investigation. Read Pakistan still global jihad hub. On Defence White Paper, Fiji Muslims and Osama bin Laden connection, read here.  We know the Pakistan military is Taliban's Godfather. The illegal A-G Aiyaz Khaiyum and Brigadier Aziz Mohammed had drafted Bainimarama's takeover speech based on the "Doctrine of Necessity" arguments from Pakistani military and coups. See Victor Lal here. Editor: If the reports coming out of Pakistan are to be believed, the US, Australia, New Zealand and the European Union must come down hard on the Fiji military which in its submission to the Ghai Commission wanted Fiji to be ruled under the "Pakistan Model".


Commonwealth Secretary-General unhappy with decrees - keeping tab on Fiji developments

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Kamlesh Sharma
“Commonwealth Secretary-General Kamalesh Sharma notes with concern recent decrees issued by the Government of Fiji, and wishes to emphasise the importance to the Commonwealth of inclusive, independent and credible constitutional and electoral processes, conducted in accordance with fundamental Commonwealth values. In relation to elections, it is essential that political parties are able to freely participate under fair, consistent and agreed rules and on a level playing field. It is equally important that the electoral process be conducted by an independent election management body. The Secretary-General reaffirms the Commonwealth’s desire to welcome Fiji back into the Commonwealth family, upon the restoration of civilian constitutional democracy, the rule of law, and full respect for human rights, in keeping with Commonwealth values. Mr Sharma reiterates the Commonwealth’s readiness to provide support to Fiji toward these ends.” -  Commonwealth Spokesperson Richard Uku


Former SDL registers as Social Democratic Liberal Party with Registrar of Political Parties
Logo woven Fijian traditional mat symbolising the many races and peoples of Fiji

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OPERATION LIGHTHOUSE: As Commander Viliame Naupoto marks one year as Minister for Youth and Sport in the illegal Bainimarama government, Fijileaks looks back at Naupoto's role in ordering the beatings of George Speight and other Nukulau bound State prisoners in 2000; how he destroyed photos taken onboard RFNS Kiro of the beaten detainees: "If you try anything, you will die...I saw people [navy officers] punching them (detainees) but I did not stop them. I was in contact with [Lt Commander Sanaila Vitau] Naqali throughout the operation and I was directing the operation from my office throughout...I directed LCDR Naqali not to show sympathy to them but to roughen them up...I ask the Board that the information that is given to the Board today be safeguarded as it can be used against our families"

By VICTOR LAL
Part Three of his investigation based on The Board of Inquiry Report, August 2000

"LCDR NAUPOTO is also to be charged for not limiting the roughening exercise up to a certain degree that could be easily controlled. He is to be charged under Section 69 of the Army Act 1955, Conduct to the Prejudice of Good Order and Military Discipline. It is also recommended that he should be admonished for the maintenance of morale in the Naval Unit and the technicality arising out of lack of foresight at higher level of command of the improper employment of the Military Police in the transportation of the State detainees to Nukulau" - The Recommendation of the Board of Inquiry  Report on beatings of George Speight and other Nukulau bound state prisoners on board navy ship RFNS Kiro, August 2000
ON 23 February the Fiji SUN ran an article highlighting Viliame Naupoto's one year in office as Minister for Youth and Sport. "Commander Viliame Naupoto, the Minister for Youth and Sports, celebrated his one year in office with students of Nilsen College, in Vatukoula. Mr Naupoto, sworn in as Minister for Youth and Sports on February 22, last year, was the chief guest at Nilsen College at its prefects’ induction ceremony on this anniversary." “I am glad to celebrate my first anniversary as a minister with student leaders of this school,” said Naupoto.

He braved the heavy rain and forecasted flooding just so that the students of Nilsen College were not let down . Naupoto told the story he knew best, that of his life.  For him, sharing personal experiences and the struggles he went through would be more motivational and inspirational, reported Fiji Sun.


Naupoto, however, did not share one important aspect of his life with the students - that he joined the 2006 coup plotters to escape charges for his role in the brutal assault and beatings of George Speight, Jo Nata, Tevita Bukarau, Samu Konataci, Metuisela Mua, Rusiate Korovusere and Ilisoni Ligairi  in July 2000.

Pita Driti and Speight Group: From RFMF Cell to Naval Base -  Handover conducted between Driti and Naupoto

As I have written previously, the above lot, known as George Speight Group (GSG) were held at RFMF military cell after they had been arrested at different locations. At 3.30am on the morning of 29 July 2000 Lt Col Pita Driti, commanding officer, Logistic Support Unit (LSU) was given the task to transport the detainees from QEB to RFNS Stanley Brown. He was ready for the job, he told the Board of Inquiry (BOI).


The time for the actual transfer was for Saturday 29 July at 0400hrs. On the eve of 28 July at 2300hrs the Commander of the Land Force Command gave a very quick briefing as follows: (a) gag the detainees hands behind their backs, and (b) blindfold the detainees, but this was changed when Driti requested for confirmation.

By this time Driti had selected 10 military personnel from his unit for the operation. There was one Hino truck and two light vehicles for transportation. When Driti entered the cell block, he briefed the detainees and reassured them (also confirmed by the detainees to the BOI) about their safety and lives.


He also told them that they would be separated and their hands would be tied behind their backs. He then called out the list and the detainees followed the instructions. Warrant Officer Class One Ponipate Bainivalu tied their hands at the back one by one with pieces of ropes.

Major Ben Lomaloma was also present and he advised Driti to ensure that blood flow was not impeded around the detainees wrists. "We were psyched up and ready for any violent action or behaviour from the detainees. A chair was used to help them to board the vehicle. Once they were all inside the vehicle, I thanked them for their co-operation, but I did not inform them about their final destination. The time was approximately 0345hrs. At 0350hrs I boarded one of the light vehicles, which was the lead vehicle in the convoy and I had two escorts. WO1 Bainivalu was in-charge of the escorts and detainees in the main vehicle. Another light vehicle was the rear vehicle in the convoy," Driti told the BOI.

The initial plan was to go through Mead Rd, Princess Rd, Reservoir Rd, Queens Rd and into the Naval Base but Driti changed this as an element of surprise and used the Kings Rd, Edinburgh Drive to the Naval Base. When he arrived with the detainees at RFNS Stanley Brown base, he did not know who was in-charge. The whole base was dark and it was difficult to distinguish people.

"It took sometime before I could see LCDR NAUPOTO. I don't think he recognised me in the dark. During the briefing given by Comd LFC he had informed me to brief the naval counterparts to release the ropes tied behind the detainees backs once the ship left the pier. I did not inform him anything about the use of force but I was hopeful that he would have seen the manner in which we handled the detainees and it was firm but fair. When I briefed him about their hands tied behind their backs, he replied that he will decide since the detainees were under his responsibility" Driti told the BOI.

Bukarau, echoing other colleagues, told the BOI: "Lt Col Driti briefed us in Fijian saying, "So veikemudou ena vakarau kacivi na yacana mo dou vodo ena lori. Dou na kau ena vanua sega ni yawa mai Suva. Sega ni dua ena vakaleqai nona bula. O ni na yaco bula talega ena vanua ni na kau tiko kina", words to that effect."


The RFMF LSU officers who gave evidence along with Driti were Bainivalu, WO2 J. Caginidaveta, Staff Sergeant M. Rakabu, Sergeant V. Vasuca, Sergeant N. Tarovi, Sergeant T. Vakausausa, Corporal J. Turagaiviu, Lance Corporal S. Tamanivalu and Lance Corporal J. Senibici. 

Operation Lighthouse


The navy personnel also gave evidence, and according to Commander Mosese Semi, chief of navy, it was he who recommended that the detainees be transferred to Nukulau Island (and not Makuluva) and the operation be called "Operation Lighthouse". Regarding the violence inflicted on the detainees, the navy officers claimed they were acting on the orders and instructions of Naupoto, who wanted to make a lesson of the GSG.

The operation was under MARCOM's (Maritime Command) command. Lieutenant Bradley Thomas Bower was the commanding officer of RFNS Kiro which transported the detainees to Nukulau.

The navy personnel who took part in escorting the detainees (and also those involved in the beatings) who gave evidence to the BOI were as follows: WO2 Valerio Codro Nawari, Leading Seaman Walesi Wainiqolo, Abel Seaman Jone Mateyawa, Lt Commander Joseva Atama Turaganivalu, WO2 Nacanieli Waqatoga, Lt Commander Sanaila Vitau Naqali ; Commander Mosese Semi, Chief Petty Officer Nemani Tabutabu, PO Apete Lagilevu, Lt Bradley Thomas Bower, Lt Humphrey Biu Tawake, Leading Seaman Simeli Tamani, and PO Sakiusa Rokotakala.

Petty Officer SAKIUSA ROKOTAKALA from MINFO and RFMF Naval Division, destroyed photos by exposing them before giving to Naupoto. Lieutenant Humphery Biu Tawake, second-in-command of Kiro took pictures: "Just to give us an upper hand to make a psychological statement. The camera was not mine, it was handed to me by Rokotakala...Just a comment regarding security of the information imparted today. Will the Board guarantee the security?"

Abel Seaman JONE MATEYAWA: "Upon approaching Mr Nata, I physically assaulted him with punches and I butted Mr Speight's head with my rifle butt. After what I had done I then realised that my action's was morally wrong and very unethical of a naval rating"; Lt Commander Sanaila Vitau Naqali:"My concern is how confidential is this information/statements to [BOI]. I have heard threats from outside that people wanting to know who took those to Nukulau. An example is that a certain group of people went to Raiwaqa looking for a "Lauan" member of the escort group. Sunia Cama came to the Naval Base (main gate) asking as to who took the detainees to Nukulau. This is actually happening"

Naupoto's evidence before Board of Inquiry

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FINGER on violent operation
"I was told that they were to be taken to Nukulau. I was informed on the 28th July. We were to make arrangements for their transportation. I tasked RFNS Kiro and also directed Lieutenant Commander Naqali to form a security team for the detainees. I was told that they were to be taken at 0400 hrs on 29th July. I directed LCDR Naqali not to show sympathy to them but to roughen them up. The detainees had their hands tied behind their back. I directed Naqali that they were to be held on deck rather than below decks (inside the ship). It is easier to sabotage the ship when you are inside rather than outside. I spoke to them when they were sitted on the forecastle and told them that "if you try anything you will die". I saw people punching them (detainees) but I did not stop them. I was in contact with Naqali throughout the operation and I was directing the operation from my office throughout. I told Naqali to call me when they handed over to the army personnel at Nukulau. The operation was codenamed Operation Lighthouse and the Operation Order was written and signed by myself. Everything that happened was done because I had directed LCDR Naqali to allow it to happen. The reason for my allowing those things to happen was a way of putting the security team on a psychologically higher platform than the detainees. It was better for them to be punched and sworn at rather than being shot because the people guarding them panicked. My task was to deliver them to Nukulau alive and that I did. I ask the Board [of Inquiry] that the information that is given to the Board today be safeguarded as it can be used against our families. If my actions are found to be wrong then I am prepared to face the consequences."

The Testimonies of George Speight Group

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BUKARAU: "Naupoto gave a short brief, which basically said, "if you try anything to escape or untie the rope, you will be dead". He said this 2-3 times. There were about 6 men in front of us, and a lot more at the back with weapons...We received kicks, rifle butts and continuous verbal abuses. George, Ligairi and Silatou were getting most of the abuses and we had people rubbing their boots on the back of our heads. We than sailed to Nukulau through Beqa waters. We were constantly assaulted and abused thoughout the 2 hours or so journey. We were soaked and from the rough seas. I could feel that certain individuals did not have their hearts and minds on what was happening (assault and abuses). I received a swelling on the left side of my face and 3 days later we were taken to hospital."
KOROVUSERE: "It was still dark when we reached the Naval Base. Naupoto warned us that if we tried to do anything, we would be shot. Mua was kicked on the esohagus. Silatolu at one stage had difficuty breathing due to the continuous punching. I was asked about Adi Samanunu and what she was doing in the country. I was kicked on the face. They told us to experience life in the navy and one of our detainees was threatened of being sexually assaulted, and that it was normal in the Navy. Once we arrived near Nukulau, one of the boys said I was his Commanding Officer in Sinai and Lebanon, whilst I was being kicked and had his foot on my head. Our hands were released at about 0800hrs once we were inside the perimeter fence."
LIGAIRI: "Upon arrival [at the Naval Base] I was the second last to board the awaitig ship. We were moved to the forecastle and we were handled roughly. NAUPOTO briefed us and his orders were very aggressive. I had a feeling that he didn't care about who we were. I never expected Fijians to behave and act in that manner. I was so confused that I did not listen to what they were saying or asking. A lot of questions about my ability to change myself into rats and other things were put forward. I was assaulted with punches, rifle butts, kicks to my head and body. I was also very concerned about our safety particulalry with our hands tied at our backs and the possiblity of us getting washed to the sea. The assault inflicted on me has caused me headaches, blurred vision and this is due to a rifle barrel pushed to the side of my head."
SAVUA: "We were than taken to the Naval Base. Upon arrival we boarded the ship and briefed by Naupoto, "If you try anything to escape or untie the rope, you will be dead". One of the navy personnel began verbal abuses. Abusive verbal language was hurled at me and others, "Savua/Mua drau vei cai". One of them asked me if I wanted to be Commander. They stated that this was Commander's (Bainimarama's) vessel...They even threatened to sexually assault Nata and stated that it was quite common in the Navy. They continued to butt and assault us. Wainiqolo was inflicting most of the punishment...The assault continued right until we arrived at Nukulau and when the ship was anchored off at Nukulau"

MUA: "We were driven to Walu Bay. They told us to come out of the truck one by one. I was walking behind Speight when he was thumped from the back. We were ushered to the forecastle of KIRO. We were seated between the gun turrett and the wave breaker. As soon as the ship left the pier the assault started. I was kicked in the face, rifle butted on the face and verbally abused. I lost one tooth in the process. This sequence went on for approximately 3 hours until we got here (Nukulau). My vision was blurred for 3 days due to the injuries I sustained. I was kicked around and on the esophagus. When this happened, I almost lost all consciousness and I thought I was going to die. We were told that we were going to an unknown destination...During the transfer to Nukulau, I slipped and was given two more kicks before I reached ashore. I cannot believe that people could be so brutal. The Military Police (MP) who were on Nukulau wept and asked us to forgive them for what had happened on the ship [Kiro]"
KONATACI: "We were taken to the Naval Base and as soon as we arrived, they shoved us onto the ship and forced us to the forecastle. We were given instrcutions to stay in one place and not to move or we would be shot. We were told to sit in front of the ship (forecastle), and as we sat down we were punched, kicked and verbally abused whilst our hands were tied. It seemed they were acting on instructions. As we left the harbour towards the open sea, I was very frightened naturally because I came from the highlands. My hand was kicked and my fingers were crushed with a boot, which was fractured. It was around 07000hrs, when we arrived near Nukulau. I could see others carrying injuries...A lot of verbal abuse was hurled at us. The two Lauan colleagues particularly copped a lot of abuse. I thought that we would be treated well and arrested as political prisoners and not be treated the way we were."
NATA: "We were taken to Naval Base and as soon as we got off, I was punched on the left, and I knew we were in for a rough ride. Once we got to the forecastle, we were warned in unequivocal terms that we were to follow orders. We were taken for a 2 and half hours ride and throughout the journey I was punched, kicked, butted and abused. Apart from the inhumane treatment, I was disappointed with the sexual taunts and the threat to be sexually assaulted. We were threatened and one particular chap WAINIQOLO (Leading Seaman Walesi) was very abusive and continued to physically assault us. Both Mua and mysef were badly hurt because of our links to Lau and Tui Nayau, Ratu Sir Kamisese Mara so was George Speight, Ligari and Silatolu. The MP's treated us well and they even cried when they saw the state we were in...My colleagues would have mentioned other details of the assault".
SPEIGHT: "As we moved away from the pier, the assault began...They punched, kicked, rifle butted and one person continued to kick my head. We were buffetted by the big waves and the assault continued. I felt numb after the first half an hour. The most painful was the rope tied behind my back, which became very sore. The most excruciating pain was when I fell back with my full weight. This is when I felt fairly numb. We were subjected to this until the sun rose and this whole episode lasted about two to two and half hours. Before we were helped to our feet one of the officers took pictures of us on an instamatic camera. The 3 MPs (Military Police) who escorted us from QEB to Naval Base were all waiting at Nukulau. Two of them broke down and cried when they saw the state we were in. We were then freed from the ropes by the MPs, which were tied with our hands together. By this time I was so tired that I slept for about three days."
Fijileaks Editor: Major Epeli Nailatikau, Chief Medical Officer, RFMF, who had attended to the detainees, detailed the injuries, noting "Assault by navy personnel in navy boat - while on transfer to Nukulau" - Report on Injury or Illness Form


Khaiyum  turned to Kenyan Political Parties Act of 2011 as a blueprint for his Political Parties Decree No.4 but altered electoral and political party provisions to suit his oppressive agenda

Fiji and Kenya Electoral Rules - Parting of Ways:
"The Kenyan Act was enacted by political consensus, reached only after broad sounding out with political parties and other electoral stakeholders, inter alia over 11 county visits. The Kenyan consultative process further involved public hearing of stakeholders in Parliamentary Committee, prior to its tabling for plenary debate. Since its adoption, the Act underwent subsequent amendments, designed to iron out lingering political party reservations. In contrast, the Fijian Decree (Political Parties (Registration, Conduct, Funding, and Disclosures) Decree (4 of 2013) was passed by promulgation, taking its key stakeholders by surprise" - International Senior Lawyers Project
Read Full Report HERE

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The Ghai Draft Constitution's Voting Provisions:
Fijileaks publishes a note by JILL COTTRELL GHAI on the rules of voting in the Commission's Draft Constitution. It explains the reasons why the Commission recommended these rules, and how they might operate. Fijileaks hope they might assist in the discussions among Fijians on their future constitution, and to members of the Constituent Assembly. Jill's note is adapted and expanded from the Explanatory Report of the Commission

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Jill Cottrell
Ghai
"The Decree setting up the Commission required the Draft Constitution to have certain features: one person, one vote, one value; the elimination of ethnic voting; proportional representation; a voting age of 18. The Commission invited a distinguished Norwegian electoral expert, Dr Kåre Vollan, to visit Fiji. He held long discussions with the Commission, met political party leaders and local experts, and participated in a public forum.  His input was very valuable in formulating the Commission’s decisions on the topic.The Commission also studied the People’s Charter, and writing on the elections in Fiji in the past, as well as on electoral systems generally. It approached its task, within the binding framework of the principles above, by identifying the main objectives an electoral system for Fiji should achieve:a representative Parliament; accountability of the elected members;stable governments; simplicity for the voters – and ideally for the election administration;parties that appeal across communities;a political system that encourages dialogue and compromise." Read Full Note & Analysis HERE



Fiji: Perils of Appeasement

Victor Lal in The Strategist, The Australian Strategic Policy Institute Blog:

"Australian policy on Fiji is shifting to appeasement in ways that will gladden the military regime and sadden Fijians. What might be called the Bainimarama appeasement lobby—broadly speaking a group of academics and journalists who have never lived under the Fiji dictatorship.."

Read Part One here
Read Part Two here

Fatal Attraction: Chinese convict workers and pregnant Fijian women

The illegal regime's demand that political parties must have 5,000 signatures has revealed another dark side to the regime's links with China Railways (Fiji) Ltd.
The registration agents found that in Nadroga a few Fijian women had got pregnant from the Chinese workers, mostly convict prisoners from mainland China. The fathers-to-be have been quietly shipped back to China.
Hard times for Fiji Times

Aiyaz Khaiyum's illegal judge William Callanchini fines Fiji Times $300,000; editor-in-chief, Fred Wesley, sentenced  to six months' jail suspended for a period of two years; former publisher, Brian  O'Flaherty, fined $10,000, and Khaiyum to receive $4,000 for costs in bringing contempt case against Fiji Times. All to be paid in 28 days.

What about treason and aiding and abetting treason since 2006, Khaiyum?

Read here

Swindler back paddles on leave pay cheque
$184,740.29 Leave Back Pay Swindler now says he has paid back the money. The masthead of Fijileaks contains the actual copy of the payment the illegal Prime Minister and treasonist had claimed in leave back pay shortly after seizing power. Now, he is claiming that it was a mistake on the part of the RFMF pay office, and he has paid back the money. Show us the proof, Frank. Send receipt to editor@fijileaks.com.
Editor: His former Finance Minister Mahendra Chaudhry who had defended the payment is yet to respond to fijileaks.

CHINESE CONVICT LABOUR: Crime and prostitution rise linked to convicted Chinese prisoners sent to work on China-funded Fiji projects

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FENCING OFF GOVERNMENT HOUSE: Workers from mainland China brought in to build the fence. The fencing project was enabled through direct government assistance from China worth $2.3million

Fiji is Banana Republic now, says FLP leader Mahendra Chaudhry:

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"...We're like a banana republic and these decrees come out and decrees aimed at specific people, specific parties. I think the international community needs to take a very serious view of what's happening in Fiji right now. I'm speaking here as a former prime minister of Fiji, I think I'm very worried about the situation that our people facing. By the look of things there is no hope of Fiji being restored through democratic rule, constitutional rule, as we've known Fiji in the past, we've had coups before, but something like this at any time before, and I'm quite worried and I think the international community needs to take a serious look at what's happening in Fiji." Listen to interview with Radio Australia here

Fiji Sinks Deeper Into Dictatorship with new Political Party Decree, says Felix Anthony, general secretary, FTUC: "This move is clearly the lowest point in the dictatorial maneuvers the regime has made in the name and quest for so- called democracy." Read full statement

Bainimarama to Reverend Tuikilakila: "Please bless our stalled Government projects, padre"

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By VICTOR LAL

In the end, all roads lead to the Methodist Church. Shortly before winging off to France last week, the self-styled strongman Frank Bainimarama desperately wanted to have a meeting with Reverend Tuikilakila Waqairatu (pictured right), the president of the powerful Methodist Church. According to military sources, two of his bodyguards, Isireli Tamanitoakula aka Tammy and Epeli Gaunavouivuda, the former CRW soldier who had testified against mutineer Corporal Lagilagi Vosabeci, claiming that Vosabeci had written numerous letters threatening the commander before the 2000 mutiny, secretly met Reverend Inia Mavai and conveyed Bainimarama's fervent desire to meet Tuikilakila. When Mavai inquired the reason for the meeting, the two bodyguards said Bainimarama is very concerned that many Government Projects are being delayed or abandoned, so he wants the head of the Church to pray for the projects. The padre Mavai told the two bodyguards that if Bainimarama wants to see the Head of the Methodist Church than he should go and see Tuikilakila personally and not through a third party.

Will Bainimarama follow up with his road-to-Damascus moment?


Reverend Yabaki of CCF wants Independent Supervisor of Elections for free and fair elections

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Yabaki
"Voter confidence in the Bainimarama government’s promise of a free and fair election in Fiji may suffer if we fail to appoint an Independent Supervisor of Elections. As it stands, the Office of the Attorney General has a tight leash on the Elections Office and current and prospective political parties through their continuous interventionist decrees. It is signaling to the public that the agenda of the government supersedes the people in a process where citizens are expected to not only participate in but to also choose their government through free and fair elections..." READ HERE

Regime mischievously alters Political Party Decree 2013, slaps media with $50,000 fine if it uses old party names  

The illegal regime has amended its Political Parties Registration Decree 2013. While making the announcement, Registrar Mere Vuniwaqa said the amendment does not allow any parties wishing to register to have the same name, symbol, acronym or abbreviation as a de-registered party and a proposed party that has submitted its application. “It does not make sense and it is mischievous that they try to adopt what other parties have done,” she said.
CLICK HERE TO READ FULL AMENDED PARTY DECREE


NFP rubbish FLP claim: "Our Registration Form was crystal clear - with masthead saying NFP"

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NFP sources have dismissed FLP claims that NFP registration agents were behind the circulation of a form containing signatures endorsing support for a political party. The NFP form (left)  clearly identifies it as an official party form with the masthead, an internal verification procedure and a reference to the relevant section of the decree. 

"Our volunteers were under clear instructions to first ascertain from the people whether they had signed for any other party and if they had then not to sign ours, and if signing ours they should not then sign for another party as there were severe penalties on the individuals. In fact all the other parties had prepared forms that did not identify their party," the source told Fijileaks.

Yesterday, an FLP source had denied that his party was behind the "signature fraud" saying it was a stitch-up - a bit of local NFP tactics at Wailailai, Ba.

Fantasy Flight: Watch video of Frank Fiji Airhead onboard new Airbus 330 here

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From Left - Fiji's Ambassador to EU Peceli Vocea, Air Bus Rep, PS Civil Aviation Elizabeth Powell, Bainimarama, outgoing CEO Air Pac Dave Pflieger, Air Pac Board Chairman Nalin Patel, Air Pac Board Director Aslam Khan







"We have had the opportunity to have a look at not only the A330, which we are getting ready to purchase, but also the A320 and A380. And we have also had a chance to look at the various cabin configurations and what Airbus is capable of producing. We are excited about our first A330 which will be delivered in just a few weeks in Fiji." - David Pflieger from France

Pride or Problem Ahead for Fiji's new Airbus

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This Very Week: Terror at 27,000ft:

Crew plug hole in door of new Airbus A380 super jumbo with a BLANKET after it blows open mid-flight from Bangkok to Hong Kong.
The brand new £250million Emirates Airbus A380.



STITCH UP: FLP sources deny signature fraud

FLP sources have denied that the signatures on the form (see right) for registration of political party has anything to do with the party. The FLP has been accused of fraudulent activity, in that it went around collecting signatures on a blank form without party name or purpose of signing it. The sources say its a bit of local NFP tactics at Wailailai, Ba. Fijileaks couldn't get comment from NFP. Meanwhile, FLP has filed its case against the political party decree in the Fiji High Court. Read here.
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Fijileaks Editor: We have decided to blank the first names and Voter ID Registration Numbers

Rabuka joins new SDL

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Major-General SITIVENI Rabuka handed in his membership registration form to the SDL head office - and is now officially a card-carrying member of the new SDL party.

Bole health burden on taxpayers

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TRIPLE heart by-pass patient and Cabinet Minister FILIPE BOLE is getting around the clock care from three army officers and is refusing to retire, costing taxpayers a huge health bill for his care.

French Royale: Bainimarama sleeps in $F5000 a night royal suite at grand Hotel George V in Paris

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Bainimarama and Elizabeth Powell with excutives of the French Bred Bank outside Hotel George V in Paris. He is in France to take charge of new Air Pacific airbus. Bred opened banks in Fiji last November for business

SKYFALL: Air Pacific CEO David Pfliger "will go down in history as the most irresponsible and anti-worker CEO Fiji has witnessed" Read FTUC Statement HERE


BANKED SUPPORT: ANZ Bank's $50,000 cheque to PM's Relief Fund is profit from regime's pro-corporate tax handout to banking sector in 2012 Budget
(Had Bainimarama (as illegal Finance Minister) not brought in these totally unnecessary tax changes, the Fiji Government revenues would have an extra $90 million (and more) annually to devote to cyclone relief and other welfare issues.)


By Professor Wadan Narsey

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NARSEY
I notice from media reports that the Prime Minister's Relief Fund received $50,000 from the ANZ Bank to assist in Cyclone relief and that Commodore Bainimarama stated he would "like to thank ANZ for this very wonderful gift". Exactly, how altruistic is this gift by ANZ? In the 2012 budget, Minister of Finance Bainimarama reduced corporate taxes from 30% to 20% and also income tax at the upper end from 30% to 20%.
There was absolutely no need for this given that Fiji's taxation rates are already at the lower end in the region. ANZ, which makes just over $40 million after-tax profit in Fiji annually, therefore received two real long-lasting "gifts" from tax-payers, courtesy of Commodore Bainimarama. The first is an increase in their after-tax profits by some 14% annually, or more than $6,000,000 this year, continuing indefinitely into the future ($60 millions over ten years). The second wonderful gift is that by reducing income taxes at the upper end from 30% to 20%, the upper income people at ANZ have also been given a salary increase of 14%, and ANZ will not have to increase salaries for the next five years (while their revenues will keep increasing as normal). ANZ's profits will therefore be that much higher into the future, depending on how many people they have in the 30% tax bracket and the salaries they were earning.


Taxpayers must not forget the third "gift" that ANZ gave them a couple of years ago when they led Khaiyum and Ministry of Finance officials people on an international road show, resulting in  Fiji selling $500 millions worth of bonds paying 9% interest when World Bank was willing to lend the same amount to Fiji at 3% interest. Tax-payers now totally unnecessarily pay $30 millions per year extra in interest, for as long as those bonds are unredeemed. All corporate tax-payers and upper income brackets in Fiji will be enjoying these benefits at the expense of middle and lower income tax-payers who will have to pay more. These extra burdens will fall on tax-payers ultimately, but squeezed in-between will be FRCA who will have the additional unnecessary burden to replace the lost revenues.
Economists complain when countries enjoy economic growth while income distribution worsens.The Bainimarama /Khaiyum reign in Fiji will be remembered as the one where the economy did not grow for five years, while income distribution worsened because the government deliberately transferred the burden of taxation from the rich to the poor. Had the Minister of Finance not brought in these totally un-necessary tax changes, the Fiji Government revenues would have an extra $90 million (and more) annually to devote to cyclone relief and other welfare issues. 
They would not need "wonderful gifts" of a mere $50,000 from ANZ or anyone else.
Whenever corporate entities in Fiji give "generous gifts" to the Bainimarama Government efforts, keep in mind the arithmetic of the real tax-payers' gifts in the 2012 Budget to these corporate giants via the unelected Minister of Finance.
Editor: Read Fiji Sun's heavily edited version here
Also, don't forget our previous posting: CHINESE POKER: China Railway "flooded" PM's Flood Relief Fund by donating $30,000 from Kiuva Seawall Project payment
http://www.radioaustralia.net.au/international/radio/program/pacific-beat/fiji-unions-claims-anz-bank-exploiting-workers/975268

The Fourth Estate: Wadan Narsey - Fiji media moguls squashing media independence Read HERE

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Regime : BIG RISE IN NUMBER OF FIJIANS WITH INTERNET ACCESS - The "game changer that gave ordinary Fijians access to all aspects of the telecommunications revolution."

HOLY BULU MAKAU!
Hindu students scrubbing off cassava patch soil from dictator's feet as he mocks their cultural effort

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THE BIG LIE
The Importance of Being unFrank - Bainimarama's interview to ABC's Phillipa MacDonald
Read HERE

"Every time a name came up, we kept reminding ourselves of what happened in 2000 and 2001 when we gave the leadership to somebody else. And he [Fiji's democratically elected Prime Minister Laisenia Qarase] didn’t complete what we wanted done. So we decided to keep it within." 3/8/2010

HIS MASTER'S VOICE
Fiji SUN reportedly passing illegally taped transcript interviews with politicians & regime opponents to Khaiyum

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PEOPLE POWER - Rajendra Chaudhry outlines why the people must remove despotic Bainimarama from power Read HERE

"The time has come to unite for a common purpose and that is to remove the illegal regime by peaceful means. We must all be focused on the task and we must do with the common purpose of removing an illegal and repressive regime. We can do it by making representations to the President in numbers. The message must be sent very clearly to Bainimarama that the people will not tolerate him or his regime any longer. The people must make it clear that Fiji belongs to the people and not to Bainimarama, his family, his cohorts or to any one person or group."

BURNING WITH FEAR FROM "ANGRY MOB"
Khaiyum's Getaway car on hand!

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HIS arrogance knows no bounds. One Sunday the illegal Attorney-General and Minister of many portfolios Aiyaz Khaiyum ordered his bodyguard driver  to park the car on the driveway, right in front of the entrance to Holiday Inn in Suva.
The car stayed there for two whole hours. The hotel staff asked him to move it but he refused.

Now, his security staff tell us that he is consumed with FEAR and wanted the car on hand in case he needed to make a speedy getaway from the "angry mob" plotting their next move in Fiji.

Three military special forces soldiers are camped at his fortified home in Namadi Heights in Suva.

ELDER OF THE ORDER OF BURNING SPEAR
Hounded out of Fiji by Khaiyum but Honoured by Kenya

Professor Yash Ghai receives highest award from President Mwai Kibaki for distinguished service to his native Kenya

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Marching with the people of Kenya
The former chairman of the Kenya (and Fiji) Constitution Review Commissions Yash Ghai who once called for the impeachment of Kenyan President Kibaki and with whom he has had several arguments and conflicts over the direction of his country was awarded in December the highest award - The Order of the Burning Spear of Kenya - for distinguished service to the nation. The award was announced in early December, and was to be conferred on 12 December in the Nyayo Stadium (at the Kenyan national day celebrations) but Ghai was still in Fiji. The Kenyan government is looking for a suitable public occasion when the President can confer the award. At the weekend Kibaki conferred a separate honour on Ghai; it was on behalf of the NGO (Asian Foundation) "for selfless service to the nation".

POWERS AND PARDONS IN FIJI COUPS: The Muanikau Accord and Surrender of Weapons
"In fact the Accord contained no such condition. The only reference to weapons was in a recital of the Objectives of the Interim Military Government. There was never any express undertaking made on behalf of the Speight group to return weapons."
Peter Ridgway, former Deputy DPP

"We see, for example, in the instrument dated 18th January, 2007 the President signing a Decree the authority for which is ambiguously recited as being “the reserve powers of the Constitution inherent in the President and by the constitutional law and common law of Fiji and by all other laws so appertaining...The immunity conferred on Rabuka and others by the 1990 and 1997 Constitutions has never been judicially challenged or revoked.”

IN 2008 Peter Ridgway, the former Deputy Director of Public Prosecutions, delivered a well-argued legal paper on the question of pardon in the 1997 Constitution to a Fiji Law Society Annual Conference at Denarau at a time when the FLS was still a functional organisation. It seems the legal target of his article was the judgment of Gates et al declaring Bainimarama’s actions in overthrowing an elected government lawful. There had been heavy reliance on the claim that President Josefa Iloilo had been acting within some loosely defined reserve power when he gave the coup his blessing. Ridgway’s reading was that the President had neither inherent nor reserve powers. He had only that small sliver of discretionary power the constitution gave him and no more.  And those few powers gave him a personal discretion to change his socks and little more. Fijileaks doubts that anyone read the paper or, if they did, understood the point. It seems Ridgway was trying to be polite to Gates et al and that effort led to a toning down of the language.  Also, he wanted to get out of the country afterwards. We are publishing Ridgway’s legal analysis, notably on the question of the powers to grant immunity, including the Immunity Bainimarama claimed Iloilo granted to him and his treasonous lot in 2007. In 2009 Bainimarama dispensed with the 1997 Constitution when the Fiji Court of Appeal ruled in Prime Minister Laisenia Qarase's favour.  Click HERE to read full article.

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CARIBBEAN VOICE - Former diplomat Sir Ronald Sanders wants Fiji out of Commonwealth
"The People of Fiji matter: who is standing up for them?"
Read HERE

Straight Talking!

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"Sadly, in their struggle for influence in the region, and by ignoring the unconstitutionality of the Fiji regime and its abuses, both the United States and China exert pressure on Commonwealth countries not to expel Fiji from the Commonwealth in accordance with its own rules.  But, the people of Fiji deserve better, and the 9-member Commonwealth Ministerial Action Group (CMAG) should hold the people’s plight uppermost in its collective mind when it meets in April.  It should also be faithful to the Commonwealth’s own principles and rules." - Sir Ronald Sanders. Fijileaks editor: see also Cook Islands MP, Norman George's attack on his own PM for being too soft on the illegal Bainimarama regime.

UPP leader Beddoes will join as financial member of the new SDL's Nadi branch


RUDE AWAKENING
Military special forces hiding inside Khaiyum's house confront ADT security technicians called out in night to check malfunction alarm
"E rere tiko ni moce na baku qo AK - The Baku A-K is too afraid to sleep at night"

IN the day he swaggers around threatening his real and perceived opponents. But in the night he is restless, frightened, sweaty, and even jumps at his own shadow. However, he is taking no chances. Now, it has emerged that the regime's bully boy Aiyaz Khaiyum not only has Police guarding his house but three military special forces soldiers are stationed inside his home.

Last week, technicians from the ADT security firm were called to his Vunakece Road home in Namadi Heights in the night to inspect a "croaking" alarm which they had installed.
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Two ADT Security  technicians arrived and the two Policemen guarding the entrance to his house directed them to  the Alarm Box inside the house. They were just about to open the Security Box when three military special forces guards jumped up and readied to open fire. Thankfully, they recognised one of the technicians, apologizing: "E rere tiko ni moce na baku qo ..AK...The Baku AK is afraid to sleep at night."

Professor Yash Ghai on the Political Parties Decree:
"It is introduced by an unelected regime to establish rules for the formation, regulation, and dissolution of the political parties...It is particularly objectionable that the Decree should be drafted by a regime which has shown little respect or even understanding of democracy or political parties...The Registrar is not an independent officer but would be fully responsible to the Minister—therefore it is the government (and in this case the unelected government) which has an interest in the outcome of the elections which will make the final decision on registration...Equally, the conduct of elections is the responsibility of an independent electoral commission, not that of a ministry...The likelihood that these provisions would be used to interfere with the activities of parties out of favour with the government is quite high (given the record of this regime)"

By Professor Yash Ghai
Special Guest Contribution to Fijileaks

Notes on Fiji's Political Parties Decree

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Inappropriateness of the Political Parties Decree

The role of political parties in a democracy is fundamental.  The health of a country’s democracy depends greatly on how democratic and effective political parties themselves are. For this reason in recent years constitutions tend to deal with the principles, integrity and structures of political parties. The kind of issues dealt with in the Decree is not unusual in constitutions or legislation.

However, there are some serious problems with the Political Parties Decree.

Unelected Regime's Agenda
behind PPD

It is introduced by an unelected regime to establish rules for the formation, regulation, and dissolution of the political parties. The Decree would have a fundamental effect on political discourse and activities, and on the elections. Rules on these important matters should not be determined by this regime which has no mandate from the people, has not allowed any public discussion on the subject, and has a self-interest in the organisation of civil society and may well have plans for continued political and administrative control of the country.

The timing of the Decree is also inappropriate—just when  the country prepares for the Constituent Assembly (CA) where political parties would normally be expected to play a leading role. The Decree would bring to an end the current system of political parties. Within 28 days of the publication of the Decree, an existing and duly registered political party would cease to exist (even if it has applied for registration under the Decree). The Decree would affect the membership of the CA, and may disqualify leading politicians from long established parties from participation in the proceedings of the CA. The registration of new parties depends entirely on the government—which can thus exclude politicians it would rather not have in the CA.


The decision of the Registrar can be appealed to the High Court (but only within 14 days); no further appeals are allowed. In any case there are currently serious doubts about the integrity of the judiciary. This leaves the decision effectively with the government. It is doubtful if the 28 days are sufficient to prepare an application for the continuation of a party or registration of a new party. The procedure for the application is more complicated than is usual for the registration of powers. It is unfair to give sponsors of existing or prospective  parties so little time to prepare an application (especially given the restrictions on public meetings, freedom of information, and the government control over the media of recent years).


The law is generally used to promote the formation and growth of political parties (particularly important in a proportional representation system), rather than to put obstacles in their way as the Decree tends to do. 

Regime's Mandate and Fitness Questioned - Constitution First


It is particularly objectionable that the Decree should be drafted by a regime which has shown little respect or even understanding of democracy or political parties.

The Decree is inappropriate for another reason. It precedes rather than follows the constitution. It is in the constitution that fundamental principles of democracy are stated including the rules for representation and the role of political parties (and other elements of the electoral system). These matters must first be resolved by a representative CA. Then the law can follow. The Constitution Commission’s Draft Constitution has carefully thought out and researched principles on these matters, and the CA must be given an opportunity to discuss them before moving to rules on parties.

Why Now When Elections in 2014?


It is a little hard to understand why the rush with the Decree. According to the government’s own statements, elections are not due until September 2014. There would be enough time after the adoption of the constitution in March or April 2013 to make and implement a law on parties.  This has understandably led to speculation that the purpose of the Decree is to exclude existing parties from the CA, and perhaps to have snap elections. The question of the timing and the law under which elections is held is of paramount relevance to the transition to democracy—and as such a matter for decision by the CA (handpicked though it is), not the military regime.

Decree not a neutral framework for political organisation


 In order to ensure neutrality as among political parties, it is extremely important that the administration of the law about political parties should be impartial. The Decree is so biased in favour of the government that it gives the minister responsible for elections and particularly the PS in that ministry great discretion as its administration. There are inadequate safeguards to check that the discretion is not abused (including when a party is de-registered). 


And why should the assets of a party which has been wound up go to the state?




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NEUTRALITY IN QUESTION
Registrar of Elections Impartiality

The Registrar is not an independent officer but would be fully responsible to the Minister—therefore it is the government (and in this case the unelected government which has an interest in the outcome of the elections  which will make the final decision on registration.

In most countries the registration and regulation of political parties are the responsibility of an independent registrar or the electoral commission.  


Equally, the conduct of elections is the responsibility of an independent electoral commission, not that of a ministry.  

The Decree gives the Registrar several powers that could easily be used to harass political parties. And too much information about the parties is required to be sent to the Registrar.


The likelihood that these provisions would be used to interfere with the activities of parties out of favour with the government is quite high (given the record of this regime). The effect of such wide intervention would be to weaken political parties, the bedrock of democracy.

MPs and Punishment Clause in PPD


Highly objectionable is the provision that an MP can be removed if it considers that the MP was responsible for conduct leading to the de-registration of the MP’s party. Surely such a decision should only be taken by an independent tribunal or a court.

In general the penalties are very high—up to 5 years imprisonment, including for relatively petty offences.


And for some offences, guilt is assumed: it is up to the accused to prove her or his innocence.

Editor: Professor Yash Ghai was the chairman of the Constitution Review Commission which drafted a new Constitution for Fiji that has been dispensed with by the illegal regime.  Attorney-General Khaiyum is now drafting a new one.
Political Parties Decree 2013

UPP PARTY IS OVER: Party winds up under repressive Political Parties Decree with BEDDOES informing the faithful: "We must understand that our struggle for a free, fair, just, transparent and accountable democratically elected government can only come from the free will of the people and not from the barrel of a gun or the ongoing oppression of the people and no matter which party we individually or collectively join in the coming days and weeks, we must stay true to our core beliefs and do whatever we must to ensure that we put in place a system that allows us to freely and fairly, without fear or favor, elect a government of the people, for the people and by the people." Read HERE

THE RISING TIDE OF CORRUPTION: Bainimarama diverts Chinese aid for China Railway 5th Group to build Seawall at his Kiuva Village in Tailevu; Funding for seawall project signed with Chinese Government in 2010 (but wait a minute) CR5th Group incorporated under Companies Act in Fiji on 22 August 2011

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THE tidal wave of corruption continues to rise - Bainimarama (inspecting the new seawall) got money for seawall in 2010 - a year before the China Railway 5th Group was set up in Fiji. In other words he had already set his eyes on building the seawall in his Kiuva village. He wanted his seawall to resemble the Great Wall of China (insert)

CHINESE POKER: China Railway "flooded" PM's Flood Relief Fund by donating $30,000 from Kiuva Seawall Project payment

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Frankly, he should sing along with Sam Cooke: "Oh! Oh! I'm the great pretender. Pretending that I'm just around" - it sums up his bi-polar personality: http://www.youtube.com/watch?v=If9UWIIs8hs

Meanwhile, VOTE BUYING continues at ELECTRIFYING speed, with Tailevu villagers getting "light"

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The absence of a sea wall has weighed heavily on the minds of elders in the village, who apart from witnessing the flooding of homes during tidal surges, have also had to think of future generations.The construction began last year in November and was recently visited by the Prime Minister to assess its progress.The funding of the seawall project was met by the Chinese Government under the Gratuitous Aid of the Agreement on the Economic and Technical Cooperation which was signed between China and Fiji in 2010: Fiji Ministry of Information


UPDATE: The illegal Fiji regime buckles under potential backlash - Father Barr can stay  until his work permit runs out in December: “Start saying your goodbyes Father Kevin James Barr,  Australian national, work permit as a missionary, expiry date for permit 31/12/2013.”
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ON THE RUN FROM DICTATOR
Father Kevin Barr takes refuge in Australian High Commission as Bainimarama tries to deport the 'F*****Up' Priest
Youth activist Peter Waqavonovono to Fijileaks: "This is what FIJI has become, a State of Paranoia, where the regime's security of tenure overrides national interests and moving the nation positively forward"

SDL Outflanks Khaiyum's Decree - Party now SOCIAL DEMOCRATIC LIBERAL PARTY
Ro Kepa: "It is not the end; it is not the beginning of the end, it is only the end of the beginning...It appears to me that the Fijian language that embodies the name of the Party, a language that is spoken by the overwhelming majority of the people of this country, and recognized by all the Constitutions of Fiji including the Yash Ghai Draft, as one of the three national languages in Fiji, is supposedly, not good enough to provide a name to a political Party under this Decree." The Last Speech: Ro Kepa's Salutation to SDL faithful until new political dawn in repressive Fiji
Read HERE


Speak Out and Clean Your Own House Now, Military Spokesman Mosese Tikoitoga
Have you and other RFMF military officers returned public funds - its 9 years since you moved into army house?

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KHAIYUM IS LYING THROUGH THE VEIL
Fijileaks has ascertained from reliable Finance Ministry sources that Aunty Nur Bano Ali's firm is paying the salaries and that all ministerial payroll matters are dealt with by the PM's office and not Finance Ministry

Aunty Nur Bano Ali still Paymistress to regime

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"In their rush to personalise matters and engage in petty politics, the release by the so-called UFDF contains a number of factual inaccuracies and anomalies - one of which is that the salaries of all cabinet ministers are in fact paid and processed by the Ministry of Finance and not by any private entity. It is quite apparent that in their desperation to not comply with the (Political Parties (Registration, Conduct, Funding and Disclosure) Decree, they are now clutching at straws."- Aiyaz Sayed-Khaiyum
_________________________________________________________

Media Decree: Issues and Best Practises Summary
Click HERE to read also Marc Edge's analysis Media Decree “will bring propaganda, self-censorship”
Fiji is becoming new Belarus in South Pacific. But read how dissidents and human rights campaigners have been confronting "Europe's Last Dictator", especially via the Internet. Click HERE

Muffling Fiji Media to Avoid Scrutiny:
Top five issues in Media Decree-Report to Ghai Commission

AUDITOR-GENERAL EXPOSES BAINIMARAMA'S FUND FRAUD
RFMF re-titled inactive trust account to RFMF Telesat/Telecom Fund Project for Bainimarama to misuse thousands of dollars and take the army rugby team to Australia

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Political parties to evasive Lawmaker:
Khaiyum should explain why his Aunty is handling his salary, that of PM and other Cabinet Ministers rather than the Treasury

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Veil of secrecy: Nur Bano Ali rakes in treason spoils by hiding payslips of nephew Khaiyum, Bainimarama and other Cabinet ministers...now, seven years after the coup Khaiyum has come out to claim that the salaries of Cabinet Ministers are handled by Finance Ministry - we ask- was the salaries handled by Nur Bano Ali?

Wadan Narsey: China and India: the elephants in the Fiji room Read HERE

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"Fiji's people would benefit if Australia, NZ, US, EU, and Japan were to engage in a diplomatic Round Table dialogue with China and India for a more "pacific" solution to the ongoing crisis"


Buy Up Fiji flags:
Beddoes says the current Fiji flag can become the people’s ‘symbol’ of opposition and resistance to the regime’s oppression, leaving their new flag to ‘symbolize’ the oppression and evil that the Regime has perpetuated against the people- so buy up Fiji flags

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HAVANA BRITANNIA: Cuba's new-found love for Union Jack

KHAIYUM SHOOTING BACK BLANKS
We are not politicians, Khaiyum tells parties. Yes, says Fijileaks, "You and Bainimarama are unelected treasonists with secret offshore bank accounts running into millions", to be revealed SOON

CLICK HERE to also see the Dictator's bogus Back Pay claim of $185,000, defended by the then Interim Finance Minister and leader of the Fiji Labour Party, Mahendra Chaudhry, now one of the signatories to the Joint Statement (opposite column). Fijileaks Editor to Chaudhry: Help Fiji by disclosing how much you were getting paid after tax (if any tax levied) as Finance Minister (and any other perks and privileges) for us to calculate what these crooks amassed for themselves during your term from the taxpayers of Fiji. And, what is the truth behind the $185,000 payment to Bainimarama?

By RUSSELL HUNTER

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If the trashing of the people’s constitution by the junta was a turning point in Fiji’s sorry history since independence, the political parties decree will be seen as the first nail in its coffin.

The rejection of the Yash Ghai-commission draft by Bainimarama and his puppet president did not have the effect intended. Far from it, for it forced the regime to show its intent, which, of course, is to retain power at any cost.

But it was all too little too late. Despite the regime’s best (and worst) efforts to suppress it the draft constitution spread through Fiji like wildfire to the extent that the rattled dictator had to withdraw a “law” declaring it a crime to read or discuss it.

Now nobody – in Fiji or elsewhere – is under any illusions about what his preferred constitution will contain and its rubber stamping by his chosen stooges (it seems he can’t find 100 so 30 might have to do), but that is of little consequence now also.

There is now widespread realisation that all the broken promises, all the corruption, the violence and the threats of it, the torture, the slashed pensions, the collapse of the economy and the sugar industry, the secret salaries and the rampant nepotism are all part of the same scam.

It’s all about Frank.


And he’ll say and do whatever he has to in order to cling to power.

If any confirmation were needed the political parties decree has provided it in spades.  For it makes it very clear that only one party will be tolerated – and anybody who imagines that the required 5000 members will be open to public scrutiny (the decree says it will be) should urgently contact planet Earth. For the whole process will be run in the now familiar manner by Bainimarama appointees.

So the pollies are now talking about standing as individuals, boycotting the election or merging into one Opposition. It’s well and good but this too misses the point. A boycott assumes that somebody cares – and Frank of course does not – and political activity individual or otherwise assumes that a result can be achieved, which with the military overseeing parliament is not possible.


Read the writing Frank
It's on the Wall

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The real point here is that people have discovered that if they want their freedom back they’ll have to take it. Any election now will give them a puppet parliament controlled by a dictator and there’s no public appetite for it. People want their votes to count for something.

And they now see there’s no remedy but resistance.

And that, then, makes the coming months dangerous ones for Fiji. For while the military can be expected to do all in its considerable power to contain the seething resentment of a population emboldened by the knowledge that it represents the overwhelming majority, it will find the mission increasingly impossible
.

Disgraceful treatment of Father Barr

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The disgraceful treatment of Fr Kevin Barr has given Fiji’s people further evidence of the true nature of the regime that purports to govern them. 

Fr Barr, who formerly supported the regime in the (mistaken) belief that it would address the issue of wages, must now realise he was just another of the “useful  idiots” so cruelly used by Bainimarama and his gang.

Fr Barr’s integrity was never in doubt, however, and it’s tragic that he is treated in this way. He won’t be the last. Others are becoming aware of the true nature and purpose of the Bainimarama junta.

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The 7,000 Ghai commission submissions and the political parties decree have seen to that. But they have equally ensured that when the Bainimarama political party (which no doubt already exists and follows the tailor-made decree) is brought blinking into the public spotlight, it will be derided.

Of course the media will give it maximum and positive coverage and the regime will persuade itself that a nation breathless for knowledge will read it and approve.

They still haven’t realised that nobody trusts the media any more.

So expect further defections, some of them quite senior, as people begin to realise the truth or realise that others have. A few will have discovered a conscience while more will be looking for the insurance of a bet each way.

And, talking of conscience, what of Archbishop Petero Mataca? Essentially a decent man who gave the support of his church to the coup in the mistaken belief that Bainimarama was genuinely about ending racism and social inequality, he is little heard of these days.

He retired from official duties last month. Ageing and infirm though he is, a disapproving word from him would be the beginning of the end of the Bainimarama dictatorship and the consequent sufferings of the people of Fiji.

The constitution fiasco and the parties decree tell us the cracks are appearing. But will the dam break?

It’s a question on many pairs of lips. It must be seen as unlikely unless further pressure is applied. And that, in turn, must seem unlikely without the emergence of  what the military fears above all things - a leader.

There is none apparent. When he – or she – does emerge, it will be a dangerous time indeed for Fiji.

Croz with Party Decree: Even Walsh senses bad blood
"I have yet to sight the decree...This decree is counter-productive...The decree should be immediately amended to make the requirements more reasonable and acceptable...The exclusion of the President, Prime Minister and Cabinet Ministers from the list of public officials begs explanation. They are the most public of public officers, and their exclusion can only be taken to mean that one or more of them will form a political party or stand as candidates in the 2014 Election. This is something the PM has previously denied and acceptance of the draft constitution would have made impossible." Read HERE


A psychiatrist's prized trophy: True colour of the foul-mouth Dictator
Bainimarama to Father Kevin Barr: "You are f***** up priest...“F*** U arsehole. Stay well away from me...Start saying your goodbyes Father Kevin James Barr, Australian national, work permit as a missionary, expiry date for permit 31/12/2013...Go and be a missionary in China”

A SURPRISING DAY IN MY LIFE

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Father Barr
On the 8th January 2013 The Fiji Sun published I short letter I had sent in to them. The letter noted that a change was to be expected in the Fiji Flag to represent changed realities in Fiji. With tongue in cheek, I asked : “Is the rumour true that the Union Jack is going to be replaced with a small version of the Chinese flag to show that our old allegiance to Britain is being replaced with a new allegiance to China?”

On the morning of the 10th January I was at my desk at the PCN Office when the phone rang and someone who said he was a Colonel in the Prime Minister’s Office asked if this was my number.  I said it was and he hung up.  A few minutes later I received a call from the Prime Minister.  I greeted him and wished him a happy New Year.  Then in a very angry voice he said that I should apologise to the people of Fiji for my letter concerning the Fijian flag in the newspaper.  I said that I thought it expressed a real concern with a touch of joking humour.

The PM said it was irresponsible coming from a recognised leader in the community.  He stated he was not a Catholic but a Methodist. He then called me “a fucked up priest” and said I had become anti-government. He said he used to try and help me but would do so no longer.  I said I would be prepared to come and speak with him.  Instead he repeated I was a “fucked up priest”, threw in a few swear words, told me to go back to where I came from and put down the phone.  His tone was angry and really over the top.

Our Director (Semiti Qalowasa) and Assistant Director (Savu Tawake) were in the room and were able to pick up most of the angry statements of the Prime Minister.  They were rather shocked and remarked that the words about China must have hit a sore spot.

A few minutes later there was a text message on the phone from the Prime Minister which read: “I think you owe the people Fiji an apology for your childish comments.  You give all Catholic priests a bad name.  “.  It seemed more of a calm message.  I replied saying I was sorry if he was upset by my letter and I apologise. 


However many people were concerned about the influx of Chinese into Fiji.  I said I would always be happy to meet with you and discuss issues.  I am not anti-government but disappointed with some developments.

I was about to go to lunch when another texed message arrived saying: “Fuck U arsehole.  Stay well away from me.”  I texed back: “Thankyou Sir for the nice words. If you want me to apologise I will do as you wish.”

Bah, bah, disgraceful black sheep bully of Fiji

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Frankly BULLY!
As I was having lunch another text arrived: “Start saying your goodbyes Father Kevin James Barr,  Australian national, work permit as a missionary, expiry date for permit 31/12/2013.”  I did not reply.  Then came the final text: “Go and be a missionary in China”.  I laughed as there was a touch of humour there.

When I returned home about 4.15 there was an apologetic call from the Ministry of Housing saying they had been directed by government to withdraw my membership as a Member of the Housing Authority and Public Rental Board and that a letter would soon be delivered to me on that issue.  In some ways I was expecting this vindictive reaction.  I also suspect that others apart from the PM were involved. The Land Force Commander is noted for his coarse language and the AG for his vindictiveness.

What surprised me was not only the coarse language used by the Prime Minister but his over-the-top angry and uncontrolled reaction.  I have heard that he has treated others in a similar way and aims to intimidate.

Those who heard of the above exchanges were shocked and very concerned that the Prime Minister could act in this way.  They were also concerned for me.  I do not intend to be intimidated.
..............
I am writing this account of events for the records of Archbishop Mataca and the Australian High Commission in case there are further repercussions.  I may also share it with a few close friends.

(Fr Kevin J. Barr)

Fijileaks Editor: We may recall the former US Ambassador to Fiji, Larry Dinger's observation: “A psychiatrist would have a field day with Bainimarama”.
__________________________________________________

Click below to read Victor Lal (15 August 2012):

Fiji's beastly dictator: Josaia Voreqe Bainimarama

Bainimarama’s catalogue of threats to kill, kidnap, and assault on anti-coup opponents “Don’t fuck with military” lamusona screamed as he kicked PSC chairman Stuart Huggett and hit him around the head at RFMF barracks
Bainimarama to PM Qarase’s private secretary: “You people fuck each other, your time is over.”



THE CIRCUS CONTINUES

Khaiyum's Key to Dictatorship:
Political Parties Registration, Conduct, Funding and Disclosure Decree but where is the Decree? The Devil is in the detail

HE says "I am not a
"public officer";
Fijileaks: Choose One Post ONLY
Give up all those fanciful posts Khaiyum: Attorney-General and Minister for Justice, Anti-Corruption, Public Enterprises,  Communications, Civil Aviation, Tourism, Industry and Trade and Minister for Elections

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  • All new and existing political parties need to register as a party under the decree which commences from this Friday.
  • All parties must register and if they do not, then they commit an offence under the new decree.
  •  Proposed parties should have non-discriminatory policies.
  • A person who has been convicted for an offence for a period of six months or more in the last five years cannot be a party official when the new decree comes into effect.
  • The name of the proposed political party should be in the English language, 5 people have to make the application to register the party and they need 5,000 members (instead of 180) to meet the criteria.
  • From the 5,000 members, the proposed party must have 2,000 members from the Central Division, 1,750 from the Western Division, 1,000 from the North and 250 from the Eastern Division.
  • The party should also have a branch office in each division.
  •  Registration fee has been set at $5,005.
  • A public officer cannot be an applicant for a political party nor can that person be a member of the original members of the 5,000, nor can that person be a judge or a magistrate (cannot be an applicant for a political party nor can I be a member of the original members of the 5,000, nor can I be a judge or a magistrate. A public officer is somebody who is a member of a statutory body or a commission or a board established.
  • Only individuals can make donations to a political party and should not exceed $10,000 in a year.

 Crossing themselves Out

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Writing themselves out as not "public officers" despite robbing and living off public funds








  • If the political party accepts more than this amount from an individual, it means that the party and the individual will commit an offence.
  • The source of funds of a party shall only be from membership fees, voluntary contributions, donations and grants from a lawful source but not from a foreign government, inter governmental or nongovernmental organizations.
  • It needs to be disclosed to the Registrar of the Political Parties. This will also apply to independent candidates.
  • Nor for that matter can that person be an official of a trade union and at the same time hold the office of a political party. For example, if that person is a general secretary of a trade union, that person also cannot be an official of a political party at the same time. That person can choose to be one or the other. Nor can that person be holding any office in the public service including the Fiji Police Force, the Fiji Corrections Services and the Republic of the Fiji Military Forces.
  • Political parties are required to keep records of its contributions and donations, register of members and its constitution.
  • They need to have their accounts audited and published every year.
  • No company or trade union can make a donation to a political party. Companies cannot provide any goods and services to the party and cannot assist in the funding of any party advertisements. The CEO or General Secretary of an Employers Federation also cannot be an official or member of a political party.     
  • Any person who will contest the elections must declare their assets and liabilities publicly.They must give the total assets they have in Fiji or abroad, total income, business transactions and any gifts they may have received.  This also applies for all party officials.

NFP: Proposed new rules for political parties are unduly onerous and unworkable; The prohibition on trade union officers holding party positions appears to be directly targeted at NFP and its General Secretary personally.

  • A new Code of Conduct of Political Parties has also been set out.
  • The party should also have non-discriminatory policies.
  • A person who has been convicted for an offence for a period of six months or more in the last five years cannot be a party official when the new decree comes into effect.
  • The Registrar of Political Parties will be the Permanent Secretary for Elections Mere Vuniwaqa.
  • Assessments of the applications will be made and the Registrar needs to advertise the names of the applicants and members.
  • If the Registrar decides not to register the party, the proposed party can appeal the decision in the High Court which is the Court of Disputed Returns.
  • NB: The President, Prime Minister and Cabinet Ministers are not part of Khaiyum's Decree.
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Treasonous companion: The Registrar of Political Parties will be the Permanent Secretary for Elections Mere Vuniwaqa.

CARRYING ON REGIME'S PROPAGANDA AGAINST DRAFT GHAI CONSTITUTION:
BOB CARR, the UNELECTED Australian senator and Minister of Foreign Affairs "bobbying" against
Great Council of Chiefs and National Peoples Assembly

BOBBYING is the act of stripping down into your bra and underwear then running down the street. The Australian Foreign Minister and unelected Senator Bob Carr is fortunate that the world's leading constitutional lawyer Professor Yash Ghai drafted a new Constitution for Fiji. For if Ghai's Draft Constitution was for Australia, Carr would have been stripped "bobbed" of his positions and sent packing out of Australian parliament.

The Ghai Constitution has recommended the abolition of Senate, a recommendation which the illegal regime has wholeheartedly embraced, and which Carr has cleverly avoided commenting on in his recent interview with ABC News television in Australia. Instead, Carr is carrying on perpetuating the Fiji regime's propaganda against certain features of the Draft constitution, namely the National Peoples Assembly and the role of the now defunct Great Council of Chiefs. He told Australian TV: "The notion, for example, of a largely unelected national people's assembly comprised principally of non-government organisations sitting alongside the parliament is something I can't think of enjoying precedence anywhere else in the constitution of a democratic country. The re-creation of an unelected Great Council of Chiefs would seem to give rise to the suggestion that ethnic divisions in the country were going to be exaggerated by new constitutional arrangements. I can find it understandable that the interim government has objected to both these features of the draft constitution presented to it."
Carr has opted not to comment on the fact that the unelected and military appointed President Epeli Nailatikau had no legal power to do what he did: his job was merely to act as a post office - to receive the Draft Constitution, store it, and pass it onto the proposed Constituent Assembly, that was to be chosen by the unelected Prime Minister of Fiji and coupist Voreqe Battan Bainimarama.

In his treasonous address to the nation Nailatikau pointed out that "The Australian constitution which was drafted over 110 years ago has only had 8 amendments to it since its inception. It has endured the test of time."

It is time the Australians amended their Constitution, abolished Senate, stripped unelected Bob Carr of the Foreign Affairs Ministry, and send him running down the streets of Sydney.

They could hire the world's leading constitutional authority Professor Yash Ghai to help them subject Bob Carr to Australia's own  "constitutional strip show"  -  one hundred and ten years is too long a wait to carry on with unelected Senator Bob Carr.

"The abolition of the Senate allows for a larger single house. Despite what many people told the Commission, the Draft Constitution provides for 71 members. This number takes account of the diversity of the country, wide dispersal of the population, and the need to ensure an effective opposition and effective parliamentary committees. There will be a leader of the opposition." The Ghai Constitution

Beddoes replies to Carr: Engage and not Embrace Illegal Regime

Read Unelected Senator Carr's support of  Regime's actions HERE
Read We are lucky Bob Carr was not appointed Indigenous Affairs Minister! to understand his misguided view of the role of GCC in Draft Constitution

Wadan Narsey: Trashing the Ghai Constitution: the positives Read HERE

Carr gatecrashes into Foreign Office job

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Back-door Australian senator with illegal A-G Khaiyum










Australian media: "In a shock announcement, former NSW premier Bob Carr will join the Senate and take the role of Foreign Affairs Minister. Prime Minister Julia Gillard revealed her new cabinet today after a week of speculation... She said that she had spoken to Mr Carr late yesterday morning and had made him the offer. Mr Carr said that Ms Gillard had made him an offer he could not refuse.''You don't choose the moment; very often the moment chooses you,'' he told reporters in Canberra today. Mr Carr admitted that he had been "churned up" by "warring emotions" over the decision. He noted that he had been out of public life for six years - but said that Ms Gillard's voice had "roused him" from his slumber." Gillard had  denied her own Cabinet to  vote for Carr's appointment by by-passing them. March 2012



Russell Hunter: "Bridges have been burned" - Read HERE

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Since the day last week when dictator Voreqe Bainimarama officially trashed the “people’s constitution” he claimed to have so earnestly wanted, his true intent is there for all who care to look. And plenty do. The opposition will have to come from within. And that’s a chilling thought.

EDITORIAL: Fiji must return to democracy

From: The Australian
January 14, 2013

 
AUSTRALIA must play a leading role in urging a return to democracy in Fiji, where the military dictatorship has entered its seventh year. A softening in regional diplomacy as a pre-emptive reward for a promised democratic reform timetable is now starting to look like a misstep, as the new constitution hits another roadblock.

By trashing the proposed draft constitution, the country's unelected military rulers are showing disregard for repeated assertions that they are committed to returning the country to democracy. Their latest move deserves the unequivocal condemnation of the Gillard government.

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The draft is the work of a five-member commission appointed by the regime but headed by the internationally respected constitutional expert professor Yash Ghai, and was supposed to produce a constitution that would form the basis for free and fair elections next year.

But the draft clearly is not what military strongman Frank Bainimarama and his colleagues want.

The blueprint for a Fiji in which the army would have to stay out of politics and restrict itself to the defence of the country, and in which the military rulers would have to cede power to a transitional administration ahead of elections, is not what the top brass had in mind. So 599 of the 600 copies have been unceremoniously burned.

With Commodore Bainimarama's right-hand man, Land Forces Commander Colonel Mosese Tikoitoga, saying Fijians "are happy with how things are and feel there is no need for an election" a constituent assembly of prominent Fijians handpicked by the regime will now meet to draw up a new version -- no doubt a constitution that will suit the demands of the military rulers.


Government Legal Con Artists pouring the midnight oil over Draft Ghai Constitution:
Khaiyum-Pryde re-working on Constitution Commission expert papers reputedly supplied by regime "spy" Nandan

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Mole in the regime's bag?
Fijileaks has been reliably informed by its sources  in both the Attorney-General and Solicitor-General's offices that Aiyaz Khaiyum and Christopher Pryde were allegedly regularly receiving from one of the Commissioners, Satendra Nandan, briefings, notes of Commission meetings, recommendations, and copies of papers submitted by experts to the Constitution Commission.
And that Nandan was aware that Professor Yash Ghai was going to print and distribute copies of the Draft Constitution. Nandan (who claims he was not aware of Ghai's plans) has not responded to our e-mails.


Among the papers passed to Khaiyum and Pryde is one titled "A Legal Framework for Crafting An Effective Access to Information Regime In The Fiji Islands". We will be publishing it soon. Among the recommendations is one section dealing with political parties.

We have been informed that on Tuesday Khaiyum will put in place the Registration of Political Parties Decree which will set new and internationally accepted standards of political party governance. However, "A Legal Framework for Crafting Effective Access to Information Regime", while calling for State institutions, including the military, to make available to the public its finances for inspection, has reservations regarding the political parties.

The expert report says:

"It is recommended that Fiji debate the positive and adverse impact of including political parties within the ambit of the proposed access law. It may be difficult to get the support of political parties to agree to this idea if they do not receive State funding and are entirely dependent on donations from individuals and other private entities."

SDL to Regime:
Circulate Ghai Draft without amendments and table in Constituent Assembly. Let people vote on each amendment in secret ballot

Click HERE to read Full SDL Statement

POLITICAL PARTIES FURY: BEDDOES says its COUP FIVE, President had no legal basis to act and comment on Ghai Draft; FLP: current regime most corrupt administration Fiji has ever known

Click HERE to read Full FLP and UPP Statements.

Presidential Lies:
FTUC says Peoples Charter never put to test in referendum; wants free and fair debate on Ghai Draft; Regime afraid to cede power to civil servants before election

Click HERE to read FTUC Statement

THE GHAI CONSTITUTION DUMPED: Nailatikau and Bainimarama will give new Constitution to Fiji; Public told its no longer crime to read ditched Ghai Constitution on the Internet (and the 599 confiscated printed copies)

Military appointed President calls "spade a spade" - but digs himself out of the script
His job was up for grabs in Ghai Draft; acts in violation of Constitution Decree (58:Sec 6) and unilaterally (?) bins it to remain at Government House

"My fellow Fijians,.....:
  • We need a constitution that is not only drafted for tomorrow, or next year or even 10 years. We need a constitution that is enduring and that will sustain the tide of time...We need a small non-corrupt but efficient and responsive Government that is accountable.
  • We cannot allow elitism to take place. We cannot as in the past allow unelected people to make decisions for the rest of the general public in the new parliamentary system... we need common and equal citizenry. We need a merit based society. We need to remove discrimination. We need to remove extremist politics. We can no longer pander to the old school of thought that one ethnic group is always under threat from another.
  • Let us call a spade a spade. Politicians of old perpetuated the myth that the iTaukei were under threat from Fijians of Indian descent. This created a confrontational approach to our political and social landscape and had a disastrous impact on developing nationhood and growing our economy..Accordingly, in order for us to forge ahead, we as a people, we as a country must break away from the shackles of the past or any remnants of them.
  • Unfortunately many of the provisions of the Ghai Draft positions us in the past. It has unfortunately perhaps succumbed to the whims of the few who have an interest in perpetuating divisions within our society. A Constitution cannot be drafted simply with the view to negotiate between different political interests. It would appear that the Ghai Draft is such. It would appear that it was prepared to be seen as an appeasement. Rather, it should be positive, future-based and enduring. It also neglected many of the fundamental principles of true democratic representation as presented through the Peoples Charter which I have endorsed. The Peoples Charter, as you will recall, was endorsed by over 60% of the Fijian population.
  • It is therefore very disheartening and indeed it is an anathema to democratic representation that the Ghai Draft allows for, at the very least, a 144 member body of unelected people deciding on key issues pertaining to the people of Fiji. These 144 unelected people would be on top of the proposed 71 seat Parliament.  A total of 215.
  • The Ghai Draft also purports to undo many of the changes brought about by the current Government.
  • The Ghai Draft also proposes a transitional cabinet following the issuance of a writ for elections which will allow former senior civil servants to become ministers of Cabinet. How is this possible when some of these former senior civil servants were corrupt and possible criminal charges are pending against them? Indeed some of them have been convicted or are being investigated. Many of them were simply incompetent.
  • The Ghai Draft is also very bureaucratic and creates many institutions that would create inefficiency and require an oversized bureaucratic structure.
  • I have had discussions with the Honourable Prime Minister on the way forward. I have asked the Honourable Prime Minister to extract the positive elements of the Ghai Draft that will create true democracy, accountability and transparency and infuse into it, the key elements of the Peoples Charter and internationally accepted practices and standards and formulate a new Draft Constitution for me to present to the Constituent Assembly.
  • Today I have assented to the amendment of the Decree on the Constituent Assembly to allow for this process to take place.
  • My fellow Fijians, the new Draft Constitution must be based on the principles and values that I have highlighted.
  • I will now ask the Honourable Prime Minister to outline the process that is to be followed. 
Fijileaks Editor: We had foretold what will happen in 2013 following the re-election of Nailatikau as President for the next three years. Meanwhile, see below what the Draft Ghai Constitution said about the value of National People's Assembly:
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HOLDING nation to ransom by shifting constitutional chairs: The Laughs Say it All and President wants to stay afloat at Government House - under Ghai Constitution he no longer had "Presidential door key" for life
Listen to Epeli/Frank Speeches for new Constitution
Read Nailatikau's Full Speech HERE

Read Bainimarama's Full Speech HERE

The treasonous and UNELECTED Prime Minister outlines new constitutional soap opera for Fiji; now he will INVITE you to join his Constituent Assembly cast, so no need to Apply to HIM; He could not trust previous CA applicants to make changes to Ghai Constitution

"My fellow Fijians
I firstly wish to thank and acknowledge the leadership and wisdom shown by His Excellency our President. Our vision to create a truly democratic nation under an elected parliamentary system will be etched in history, thanks to His Excellency our President. As requested by His Excellency, the Government's legal team* will amend the Ghai Draft to ensure that the draft Constitution presented to the Constituent Assembly is one that is positive; addresses fundamental issues of good governance; will result in an enduring Constitution; and guarantees true democracy. As His Excellency has highlighted, there are a number of key provisions in the Ghai Draft that are most valuable, in particular to do with accountability, transparency and enforcement of human rights which incorporate socio-economic rights.
  • The new draft should be available for deliberation by the end of January 2013.
  •  I shall send out invitations to various individuals and organisations to participate in the Constituent Assembly. The Constituent Assembly is to have its first sitting in February 2013. We expect, as announced last year, that a new Constitution should be in place by March of this year.
  • While history tells us that some individuals and organisations tend to act only in their own interests, I urge all political parties, organisations and individuals who are invited to be members of the Constituent Assembly to participate.This is not a time for point scoring or thinking only about our individual interests, but to think about the future. 
  • This Saturday, we will publish an advertisement, calling for expressions of interest from companies that wish to tender to provide election material for the conduct of the 2014 election.
  • To those who have been commenting on the Ghai Draft, these are readily available through the internet and indeed all the 599 copies that were printed by the Ghai Commission will be distributed during the Constituent Assembly process.
  • Of course, the Constituent Assembly will deliberate the new Draft.
  • By Tuesday next week, we will put in place the Registration of Political Parties Decree which will set new and internationally accepted standards of political party governance.
  • Indeed many provisions of the Ghai Draft in this respect have been incorporated into this law.
Fijileaks Editor: We may recall what the Draft Ghai Constitution's "Anaysis of Decrees" concluded about Government's Legal Team's decrees now entrusted to amend the Ghai Draft: *Many of decrees are objectionable, defective, incomprehensible, and plainly unacceptable.
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MURDERS MOST FOUL AND NON-NEGOTIABLE IMMUNITY PROVISIONS IN THE GHAI CONSTITUTION:
Bainimarama, Aziz and other "cold-blooded murderers" running away from long arm of the law wrapped in the sulu of immunity

By VICTOR LAL Founding Editor-in-Chief

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Brigadier-General Aziz halts interview as soldier says kill order from Commander

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Article 174, Clause (4): “A member of any security service must not obey a manifestly illegal order and is justified in refusing to obey such an order.” The Ghai Constitution

Fijileaks Editor: We have erased the name of the confessing military officer, for the time being, from the above Police File

Warning to Bainimarama and others visiting London next time:

A Nepalese army officer appeared in British court recently charged with two counts of torture. Colonel Kumar Lama, 46,  is accused of inflicting severe pain or suffering when he was acting in an official capacity. Lama has been remanded in custody until January 24. A British court heard that Attorney General Dominic Grieve gave permission for the charges to be brought. British authorities claim “universal jurisdiction” over serious offenses such as war crimes, torture, and hostage-taking, meaning such crimes can be prosecuted in Britain regardless of where they occurred.

Frank Bainimarama-Graham Davis Interview on Fiji coup leader's 55th birthday to SkyNews Australia, 2009

Davis: You were nearly killed? How close save was it?

Bainimarama: Very close. We were here having lunch when the rebel soldiers came across – and three of my bodyguards then closed in and helped my escape – they held the fort here while I moved away from here.

Davis: You wanted to kill Captain Shane Stevens? Is that true that you wanted to shoot him yourself personally?

Bainimarama: No, that’s not true that I wanted to shoot him personally– In fact, I was in hospital when he was brought in. I went to visit some of my soldiers that got shot that day. And I stopped the guys from going in to bring him out. I saved the life of one of the guys that eventually got killed...He was brought down to the naval base.

Davis: When you say you saved his life? When you say you saved the life of the man....You stopped them from killing him?

Bainimarama:  Initially.  I didn’t stop them from killing him. I stopped them from bashing him up.

Davis: But they killed him later?

Bainimarama:  Sometime later on.

Davis: They were beaten to death, won’t they?

Bainimarama: They were beaten to death. It was spur of the moment. And  I can understand the emotions that went through the troops on that day. In fact, I can say that they were very lucky that they all lived.

Davis: Did you want them dead?

Bainimarama:  I didn’t want them dead but I wanted them punished – You must understand it was a mutiny. These guys came in to kill us – I don’t think a lot of people understand that? These guys came in to kill us. So people really don’t expect us to kiss them on their cheeks.


Regime drowning in self-deceit: "Mole" in Commission tipped off coupists of unpalatable contents in Draft, says Beddoes

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SPOT the "mole"
Former Opposition Leader & UPP President Mick Beddoes said all of the current ‘hoopla’ over the leaked document is self inflicted, but is being used by the regime as part of its ‘strategy’ to ‘discredit’ its own appointed Commission Chairman and certain members and with them the draft so as to justify the planned ‘amendments’ to it during the CA passage, so that all of the provisions that require them to become accountable or have their decisions subject to challenge in a court of law for example, can be removed.... Beddoes said all law abiding citizens who seek a return to democratic governance should be grateful to those individuals within the commission who exercised empathy and good moral judgment by releasing the draft documents as was originally intended by Decree 58 so that the people can remain engaged in the process and discuss and debate their draft constitution despite the Regimes underhand and questionable efforts to exclude them." Read full statement here

Professor Nandan's Written Statement to Fiji Sun, 5 January

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To: maikab@fijisun.com.fj
Subject:
Press statement by Professor Satendra Nandan re: Neutrality of Constitution Commission


Dear Maika
As discussed on the phone a while ago, here is my statement re: the above.

"I speak for myself alone -- I considered myself as an independent, impartial Commissioner with political neutrality. I was deeply honoured to be appointed to the Constitution Commission by the Prime Minister.  I followed scrupulously the terms laid down in Decree 57 which established the Constitution Commission, without fear, favour or bias. I listened to and read all submissions with the respect and attention they deserved.Occasionally robust discussions on important issues took place among the Commissioners and these were resolved and recommendations reached consensually.  I listened to the experts, both local and international, but the conclusions were mine. Consequently we have an extraordinarily thoughtful Draft Constitution -- a copy of which was presented to the President Ratu Epeli Nailatikau on Friday 21 December. 

The President received it most graciously.  That is the only copy of the Constitution I have seen.  I do not have a copy with me.


It is now for the Constituent Assembly, as defined in the relevant Decree, to consider the Draft Constitution and produce the final document.  That, one hopes, will be the new Constitution for a new Fiji, which the citizens and their well-wishers richly deserve."

With best wishes
Satendra Nandan
Tel: 903 4015

What Fiji Sun published on 7 January

Commissioner tells
Nandan: No
ok to Ghai
to print draft


By MAIKA BOLATIKI

Controversy over Constitution Commission chairman Professor Yash Ghai’s actions is growing.
No decision was made by the Constitution Commission to controversially print extra copies of the Draft Constitution, a commission member has now confirmed.
Professor Satendra Nandan, one of three local members of the commission chaired by Kenyan academic Professor Ghai, told the Fiji Sun:
“I can confirm that there were discussions about the printing of the copies of the draft but we did not reach an agreement.”
When asked if he was aware of the hundreds of copies being printed by Professor Ghai, Professor Nandan said he was not.
Police confiscated the copies after being tipped off that Professor Ghai had these printed and was planning to distribute them outside the mandate of the commission.
Boxes of these are now being held by Police. They are expected to be handed over to the Constituent Assembly when it meets to publicly debate the draft, consult with people and finalise the constitution.
Professor Nandan stressed he was only aware of the draft copy that was handed to President Ratu Epeli Nailatikau on  December 21 by the commission. Ratu Epeli was then to hand this to the Constituent Assembly,
“The President received it most graciously,” Professor Nandan said of the draft. “That is the only copy of the Constitution I have seen. I do not have a copy with me.”
Professor Nandan is a distinguished Nadi-born academic and author and former parliamentarian. He migrated to Australia after Sitiveni Rabuka in his first 1987 coup removed and detained the Bavadra Government in which Professor Nandan was a minister
Professor Nandan spoke amidst mounting questions about both the neutrality of Professor Ghai’s actions and proposals in the draft constitution. These are seen to go against the reforms since 2006.

SEE NO EVIL, HEAR NO EVIL: NO BURNING TOOK PLACE
“I did not know and surprised as nothing of this sort happened. We are standing by our earlier statement,” Police Commissioner Naivalurua tells FijiLive in response to Rajendra Chaudhry's posting of these photos on his Facebook

FIJI'S BURNING SHAME:
Khaiyum's Police arsonists burn Draft Constitution as Professor Yash Ghai weeps in grief

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"I was saying why are you setting it on fire? You have shredded it, nobody can put it together or you can just take it with you and you can cut up a bit further, but they insisted on, they brought a tin of kerosene and spread all the papers, brought some stick with a flame at the end and started the burning of it, and every few minutes or seconds they would come and put another dose of kerosene, so the flames would rise up again until everything was reduced to ashes."

NONE DONE - Nandan's Requiem for The Draft Ghai Constitution:
“I can confirm that there were discussions about the printing of the copies of the draft but we did not reach an agreement...When asked if he was aware of the hundreds of copies being printed by Professor Ghai, Professor Nandan said he was NOT...“The President received it most graciously..That is the only copy of the Constitution I have seen. I do not have a copy with me.”

A non-Gandhian Lie or Misquoted by Fiji Sun

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Comfortable with 2006 Coup
Fijileaks can reveal that Satendra Nandan, formerly the Director, Transparency International, Fiji; Director, Gandhi-Tappoo Ashram for Peace & Ethics, Writing & Dialogue at the University of Fiji, chairman of Aiyaz Khaiyum's dreaded Media Development Authority, author of Fiji: Paradises in Pieces and Requiem for a Rainbow: An Indian-Fijian Journey (his autobiography), and until recently a Commissioner on the Constitutional Review Commission was fully aware (with other fellow Commissioners) of the CRC chairman Professor Yash Ghai's plans to print  copies of the Draft Constitution and the Explanatory Note, and to publish a shorter version of the Explanatory Note in the Fiji Times. Fijileaks understands that Ghai told Pio Tikoiduadua from PM's Office that the Commission would be printing many copies and also have an insert in the Fiji Times. Tikoiduadua encouraged Ghai to do so.There was nothing underhand about this--Ghai made public statements to this effect--his talk of the "Christmas present to Fiji" was based on this assumption. Fijileaks can also  reveal that Nandan was with Ghai when the chairman, at a gathering which included diplomats, had revealed his intention to publish copies of the Draft Constitution for the general public.  At the same meeting, according to those present, Nandan also highly praised Ghai, for the Draft Constitution and Explanatory Note, including his (Ghai's) leadership and "a wonderful process". For Professor Ghai, as the signatures of his fellow Commissioners reveal in the next column, always consulted them before taking any decisions. The Australian/Fijian citizen Nandan was equally aware that Ghai was releasing the Draft Constitution through Victor Lal on Fijileaks. The well-known regime supporter Nandan, who had described Frank Bainimarama as God-sent to Fiji, and that the 2006 coup was lesser of the two evils, is either LYING or has been MISQUOTED by the pro-regime Fiji Sun.
Editor: Fijileaks asked Nandan to comment on his Fiji Sun statement but he has not replied to us.


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“To believe in something, and not to live it, is dishonest.” - Mahatma Gandhi

MONEY, MURDER, MILITARY, MOTIVE & MOSESE'S MOUTHFUL OF MISSIVES
He tells Fiji Sun: "We carried out coup to make Fiji truly multi-racial - There is no turning back"; Fijileaks says: "Military carried out coup to stop Qarase Government from arresting Bainimarama & his thieving army top brass officers for massive fraud in conspiracy with Padam Lala of Lotus Garments Ltd"

FRAUD suspects on the run from law since 2006

By VICTOR LAL

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"The reports of the Auditor General must be made public and may include an assessment of the general management of public finances. People complained that audits take a long time to come out and by the time they do, it is too late to do anything..." The Ghai Constitution

"If the military believes it has credible evidence sufficient to remove CP (Commissioner of Police), then I suggest you must convey the same to the approrpiate authority, i.e. COC (Constitutional Officers Commission)" - Minister for Defence Vosanibola to Bainimarama, who wanted CoP Andrew Hughes out of Fiji to avoid fraud and murder investigations


DEADLY MESSAGE FOR NEW YEAR
Nukulau dead sharks have nature's way of telling us the impending fate of octopus military and Bainimarama-Khaiyum regime

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Deadly message!
The mysetrious beaching of more than 30 dead sharks near Nukulau, off Suva, is a bad omen for the sea snake and his cronies. For the god Dakuwaqa, who appeared in shark form, is clearly displeased. In the early part of 1900 a large turtle which was half bitten by sharks was beached at Udu point, Vanualevu. It was taken ashore and eaten and all those who ate it died. Beware green sotias (and goons) for Dakuwaqa's curse is heading your way! Its time to jump the Bainimarama sinking ship. The mysterious death of sharks is seen as a bad omen and Nukulau Island is part of Suva and is  closely associated with events happening in the capital.

The Whisperer's Corner

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The award winner has taken possession of an office on the fourth floor and has taken to treating the natives as if he was the colonial governor.

The top floor office formerly occupied by a (legal) government law team - and before that by the governor - is attracting his attention. But, as always in the brave new Fiji, there's a problem. Somebody higher up (and not unknown to the award winner) wants it.  The gravy train standing at Suva station is ready to depart.

All aboard, all aboard. The passengers, each carrying a copy of the "official" Draft Constitution are all strikingly similarly dressed in green. Why would that be?

BEGGAR TO BULLY: BUT once upon a time he had to ask permission
to even go for medical treatment abroad

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What the Ghai Constitution is recommending:

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FLP: "We did not apply to Constituent Assembly";
Refute Fiji Sun Report

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"The Fiji Labour Party has not sent any applications for membership of the Constituent Assembly, as wrongly reported by the Fiji Sun in its issue of Friday 4 January 2013. FLP wrote to the Permanent Secretary, Prime Minister’s Office on 27 December, 2012 seeking information on: • the total size of the Constituent Assembly ie total number of members in the Assembly; • the allocation for each political party, civil society and other organisations invited and the criteria to be used to decide on seat allocation ; • number of seats to be allocated to the Fiji Labour Party Our letter has not been acknowledged or responded to as yet. Our position is that the composition of the Assembly must be transparent, fair and take due cognizance of the elected representatives of the people. We have written to the Fiji Sun asking for a correction in tomorrow’s paper. "

Fijileaks Editor:

Mr Bolatiki, according to sources inside the Prime Minister's Office, was given a glimpse of the pile of letters by Mr Tikoiduadua which were being sorted in the PMs office. Bolatiki saw the letters from the parties (presumably not the contents).

See Fiji Sun reply: Labour Party asks on Assembly make-up

See FLP reply: Labour replies to Pio Tikoduadua
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TEMPTING BUT...Will CA members be booted out like these lot if Bainimarama feels they are not going to endorse his version of the Draft Constitution?

Tearing Up the Fiji flag but wrapping himself and cohorts in Immunity under The Ghai Constitution
Frankly speaking, Bainimarama wants immunity for he fears sharing cell with Speight, Silatolu & Co for his role in the overthrow of Chaudhry government and plotting to treasonously overthrow the Qarase government in 2004, and finally succeeding in 2006 - not to forget the murders of CRW soldiers; he wants Union Jack removed from Fiji flag after he was chased out of British military barracks in UK

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Article 174, Clause (4): “A member of any security service must not obey a manifestly illegal order and is justified in refusing to obey such an order.” The Ghai Constitution

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Read here: Fiji police chief tried to get Bainimarama arrested in NZ
Read here: Smuggled papers show Bainimarama's lust for power
Read here:   PM slams Hunter-Lal claims, labels Andrew Hughes a twit
Read here: NZ Herald Editorial 3 January 2012: Fiji's armed forces must bow to democracy

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Ratu Timoci Silatolu to Bainimarama: "The principle of 'Doing to others what you would like to do to you', I noticed is not practiced because as soon as you secure your job, you called for others to be removed from theirs." He was commenting on the removal of Colonel Tuatoko and others who refused, in 2004, to go along wiith Bainnimarama to overthrow Qarase government for he feared his contract would not be renewed for another five years
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By VICTOR LAL
Founding
Editor-in-Chief

The world-renowned constitutional expert and  chair of the Fiji Constitution Review Commission Professor Yash Ghai has requested us to release, on his behalf, the slightly revised and authentic Draft Constitution and the supplementary documents that he, along with his fellow Commissioners, presented to the President of Fiji, Ratu Epeli Nailatikau, on 21 December 2012. In a covering note below he explains why he has taken the unprecedented step to release the documents in this way:

BY PROFESSOR YASH GHAI
The authority of the Constitution Commission to publish and disseminate the Draft Constitution and the Explanatory Report

"The position of the Attorney General is extraordinary, and hard to understand...In none of the nearly 20 constitution making process[es] in which I have been involved, or others that I have studied, has the commission been told not to publish the draft constitution...And is the printing of a decree any different from the phone call from the PM or the AG to the Commission to desist from their legitimate activities? Would the latter not be a clear instance of the violation of the independence of the Commission? Under what moral authority has the Government changed the process more than half [way] through the period given to it? I have therefore decided on my own responsibility to release copies of the authentic documents to the public."
Professor Yash Ghai

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Blunt Speaking
This short note is in response to allegations by senior members of the Fiji Government and the RFMF that the Constitution Commission violated the law when it ordered the printing of 600 copies of the Draft Constitution.

The process for the making of the constitution was negotiated largely between the Attorney-General, Mr. Aiyaz Sayed-Khaiyum and me. I insisted on a legal framework for the process, so the Commission would have a clear guidance on its responsibilities and the protection of its independence, and the public would have an understanding of the process and their participation in it (contrary to the view of the AG that there should be no law on the process).

Originally there was to be one Decree covering the whole process, the first draft of which I wrote. The AG divided the draft into two Decrees, one covering the Commission and the other the Constituent Assembly. I insisted that the Decree on the Commission should be as I had drafted it (with the exception of the provision on immunity of those involved in previous coups, excluding the 2000 one). But significant changes were made as regards the Constituent Assembly which I was opposed to (which were set out in a joint statement by the Commissioners when the Decree was published).

It was agreed throughout that the process would be highly participatory (the PM has said that every Fijian must have a voice) and that the Commission would be completely independent. Both Decrees guarantee that the process would be “inclusive, participatory and transparent”. The process was defined to include public consultation on the draft constitution by the Commission, and the submission of public views to the President for transmission to the Constituent Assembly.  The Commission was to ensure that all the people were able to participate in the process, and to show “manifest respect for people’s participation” and of their rights. The Commission had to inform the people the progress of the process so that they understood the issues under discussion. The participation of people was also reiterated in an important objective of the process: “true and sustained democracy”.

The Commission also had to publish an Explanatory Report summarising as concisely as possible and in a way that the people understood the recommendations embodied in the draft constitution and the reasons for those recommendations.

It was within this framework that the Commission decided on its engagement with the people including publishing the draft constitution and consulting the people. However on 31 October when the Commission had already made some decisions on the draft constitution and were planning public consultations, that a Decree was published without any consultation with or advance notice to the Commission that there would be no public consultation. There was no mention whatsoever that the Commission could not publish the Draft Constitution and the Explanatory Report to the public. Indeed even after the October Decree, both the original Decree retained statements about the consultation and the duty of the Constituent Assembly to take public views into consideration (for example sec. 8 (1) (c) of the Decree mentions the function of the Assembly to “debate the Draft Constitution, Explanatory Report and the view of the people expressed on the Draft Constitution”). 

It is not unusual for important reports to be presented to the Head of the State. This in no way precludes distribution of the report to the public.


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Khaiyum gets mastery lecture in ethics and legalism
If the overall objective of the process: participation of the people and the responsiveness of the Commission and the Assembly to their views, is to be respected, it is imperative that the Draft Constitution and the Explanatory Report should be available to the public immediately after they have been presented to His Excellency the President. It is on this assumption that we ordered the printing of a sizeable number of copies and were about to publish other material to assist the public when the Commission was told that it was not to publish any material relating to the Draft Constitution.

The position of the Attorney General is extraordinary, and hard to understand. The Decrees make clear that the Draft Constitution that the Assembly has to consider is that produced by the Commission—none other.

It therefore makes no sense to say that the Draft cannot be released to the public.  In none of the nearly 20 constitution making process in which I have been involved, or others that I have studied, has the commission been told not to publish the draft constitution. What happens to the Government’s objective of a “true and sustainable democracy” if the people are not allowed to read and discuss the Draft Constitution? The Assembly has been given a maximum of 9 weeks to consider the Draft and adopt the constitution. Inevitably a week or more will be taken up to swear in and induct the members, adopt the rules of procedure, assemble a secretariat.

The documents that the Assembly members have to read, understand and debate are long and complex. When are they going to have the time to explain the documents to the people and seek their views? 

Under what moral authority has the Government changed the process more than half [way] through the period given to it? The Commission and even more the people have the right to expect that the rules and procedure governing the process as set out at its start will be respected and observed. It is on this basis that they engaged in the process.The change of rules has also seriously interfered with the independence of the Commission.

The dissemination of its work is surely a matter for the Commission, especially given the emphasis on the participation of the people. And is the printing of a decree any different from the phone call from the PM or the AG to the Commission to desist from their legitimate activities? Would the latter not be a clear instance of the violation of the independence of the Commission?

The illegal ban on the publication of the Draft Constitution and the Explanatory Report has led to circulation of legal texts purportedly as the Commission’s documents. This has resulted in considerable misunderstandings and confusion. The authentic, and the only valid, documents are those that I presented to the President on 21 December 2012. I have therefore decided on my own responsibility to release copies of the authentic documents to the public.

Yash Ghai
1 January 2013



ANGRY PARTY SUPPORTERS:
NFP "Supporters" condemn party top brass and apologise to Ghai for personal abuse and degrading treatment
he was subjected to at hands of Police

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Hedging their bets?
Fijileaks has received series of e-mails from NFP "supporters" or those claiming to be one, asking that we convey to Professor Yash Ghai their apologies for the personal abuse and degrading treatment he was subjected to over the confiscation of 600 printed copies of the draft constitution and the burning of various copies in front of him.

As we indicated earlier, NFP opted not to sign the "Joint Statement" by SDL, FLP and UPP which condemned Ghai's ill-treatment. Neither has it issued one of its own. They also declined to sign the same Statement which has endorsed the leaked Draft Constitution. The NFP sources say its not the "Authentic" Draft which was presented to the President by Ghai, so they declined to support the Joint Statement. One major difference at the meeting regarding the issuance of the "Statement", we understand, on NFP's part was on timing and a campaign strategy for greater impact.


DELUSIONAL NONSENSE SPEAK: Beddoes slams Tikoitoga's claim military "last bastion of defense for the people of Fiji and that there is an enveloping comfort that the force exists to deal with both internal and external threats"

STATEMENT
Mick Beddoes, President, United Peoples Party

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"There is no place in a society like ours for the use of military or any kind of armed intervention as a means of changing our political direction." Read full statement HERE


1999-2013: CERTIFICATE FOR DICTATORSHIP
Fourteen years on, the former mediocre navy seaman sailing roughshod over citizens following treasonous RFMF Coup in 2006

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FIJI 2013: Youth activist Pita Waqavonovono Faces Up to Blue goon bullies over
Facebook posting dawn raid

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BEATING BLUES: Indo-Fijians waxing lyrical praise to Fiji's dictator - with his Blue Goons showing off their bullying and beating skills on stage

United Front for Democratic Fiji - SDL, FLP, UPP Joint Statement:
We endorse Draft Constitution, apologise to Ghai for personal abuse and degrading treatment he was subjected to, and denounce unmandated military for such barbaric behaviour; Release Draft Constitution
to public of Fiji for debate and discussion - it is Peoples Document

In a joint statement issued today (31 December), the main political parties in Fiji, the SDL, FLP and UPP have unanimously endorsed the Draft 2012 Constitution. The statement said that the Parties having perused a copy of the draft constitution and supporting documents presented to the President by the Chair of the Constitution Commission Prof Yash Ghai, were satisfied that the people’s views and submissions had been fairly reflected in the document.

While there may be some areas of concern on a small number of issues, on balance the party leaders felt it was a constitution they could work with. The draft constitution provides a sound basis for the governance of the nation based on the universal principles of respect for and the protection and promotion of human rights.

Read full statement HERE

Land Force commander tries to wrong-boot Ghai:Tikoitoga says Commission chairman had no legal right to print Draft - "We seized 600 copies and destroyed 599; one copy with President"; Editor: And (yet) in Fiji Sun he was condemning recommendations (Except Immunity) in the Draft Copy leaked by Fijileaks - Where did he get a copy?

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Regime frontman of spin
THE draft constitution was seized and destroyed because the Constitution Commission has no right to either print or distribute them. The Republic of Fiji Military Forces (RFMF) Land Force Commander, Lieutenant Colonel Mosese Tikoitoga made the comment in reaction to allegations by the outgoing chairman of the Constitution Commission, Prof Yash Ghai during an interview with Radio Australia over the weekend.

However, he said the commission was only required under the Fiji Constitutional Process (Constitution Commission) Decree 2012 to give the draft supreme law to the President Ratu Epeli Nailatikau.

"We stopped the printing of the 600 copies draft document because what he (Ghai) did was illegal," Lt-Col Tikoitoga said.



He said under the decree the draft document would only be released after being sighted, scrutinised and deliberated by the Constituent Assembly. "The decree was clear, it dictated the work of the commission," he said. Lt-Col Tikoitoga said Prof Ghai' s job was to write the draft document and present it to the President. "Why did he go ahead to print 600 copies?," he questioned. "The President doesn't need 600 copies but just one copy to view. That is why we confiscated the document while it was still being printed," he said. Lt-Col Tikoitoga said Prof Ghai's motives were clear thus resulted in the destroying of the 599 copies of the draft document. Editor: Tikoitoga is contracting Qorvis man on the spot and Bainimarama lackey Graham Davis who had claimed that the seized documents were not destroyed but are being held until the Constituent Assembly met in the New Year. The above story is sourced from Fiji Times: No right to print draft. Now, Tikoitoga has done another U-Turn, claiming he has been misquoted: Colonel Tikoitoga questions Ghai, Fiji Times. On Tikoitoga's pontificating morals, see Victor Lal: Key Fiji Military Figures are Sexual Predators; see Walsh, the regime's "Kitchim Poppi"  mouthing very similar Tikoitoga arguments against Professor Yash Ghai

By RUSSELL HUNTER
Krankie Frankie’s biggest stuff-up

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"As is now internationally and domestically known, he has in his own peculiar style, sent in the heavies. The Yash Ghai Draft Constitution is to be suppressed. It cannot even be discussed. All available copies are seized and some even shredded and burned before the eyes of the document’s world respected creator, an act of breathtaking folly that is still reverberating around the globe. To put none too fine a point on it, the document and its fate represent Bainimarama’s – possibly ASK’s – biggest stuff-up among many..The genie is well and truly out of the bottle and even the combined (and considerable) efforts of Qorvis, Graham Davis and poor deluded Crosbie Walsh will not put it back. Bainimarama has been exposed as a cheat and a liar before – but the past four days take exposure to new heights.."

Click here to read Hunter's Opinion Column



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Click HERE to read full CFDF Statement

“Where they have burned books, they will end in burning human beings.” Heinrich Heine, German-Jewish poet

MOPPING UP "Nazi Säuberung" ASHES
Pro-regime Walsh says "Hill interview stoking flame..When Draft Constitution torched emotional Ghai held no official status under Decree in Fiji so had no right to confront over excited policeman...Ghai exceeded his responsibilities...RFMF submission snubbed by Ghai...Confiscation not illegal"
Fijileaks Editor: It reads like MINFO Fiji Response!

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Editor: Crosbie Walsh is yet to put up the Draft Constitution on his blog site. However, he admits to having sped read it: "Fiji Leaks, reputedly published by Victor Lal in the UK, published what appears to be a legitimate a copy of the draft and the Commission's explanation booklet. The futility of book burning was demonstrated by the Fiji Sun reporting on the military response to the draft which included parts of the draft itself. The anti-blogs are having a field day. I have read all three documents..."
Read Making Mountain of Mole Hill, what looks like the unofficial regime response to Ghai's public statement. See also pro-regime Fiji Sun, which has not published the Draft Constitution and yet is unabashedly reporting RFMF response to its content: Ghai, RFMF differ over terms.

Fireball of Lies:
Qorvis man Graham Davis in Fiji says no Draft Copy torched. What state is he living in - DENIAL

"My information is that the documents in question have NOT been burnt. They are being withdrawn from circulation until they're released by the proper authority - the yet to be announced Chair of the Constitution Assembly...The Government didn’t leak this document. Victor Lal did having obtained it by unauthorised means," Graham Davis to his Grubsheet readers, 27 December, a day before Professor Ghai's decision to go public. Davis was responding to one of his readers Chin Chin: "So when are you or Croz going to refute the allegation about the burning of copies of the draft constitution? Surely it didn’t happen." Editor: "These cowards have no morals. They have no shame about lying..Those are not Iraqi soldiers at all. Where did they bring them from?" - Saddam Hussein's Information Minister. - "Comical Ali".

UPDATE: Graham Davis has recently informed Victor Lal the following (2 January): "I notice that you have carried scurrilous postings accusing me of misrepresentation and being in denial about copies of the constitution being burnt. I'm afraid that I am right and you are wrong. All 599 printed copies of the constitution are intact and Yash Ghai's fellow Commissioner, Satendra Nandan, is among those who've confirmed the fact. You and Russell Hunter need to do more homework before you start hurling boulders from your glass houses abroad."


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"The printer's proofs were burnt, not the Draft. No draft copy was torched. Change it or you're not a journalist's arse hole."

Fijileaks had posted what was reported to them, and in the absence of any Government statement at the time. Apologies for any confusion, and our appreciation to Davis for informing us of what he claimed was the present status of those confiscated Draft copies. We do not know if Davis has seen the copies or is taking Nandan's word for it.The regime claims the confiscated copies  are in the custody of Fiji police.

WHO GAVE THE FIRE ORDER?

Fijileaks can reveal that Aiyaz Sayed Khaiyum gave police order to seize Draft Constitution copies and burn the shredded copies in front of Ghai at the printers when he found out that the Constitution Commission had arranged with FIJI TIMES (his bugbear national newspaper) to insert summary of Draft into the Saturday edition which would have gone throughout the country

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Click here for ABC News Video of Fiji's "Sayed Verse"
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Meanwhile, read and listen to Ghai's interview with Radio Australia of the fire incident and his verbal abuse at hands of police at the printers

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As we had reported some days ago "Fiji's Xmas Gift Up in Flames", Professor Yash Ghai has now confirmed that copies of the Draft Constitution meant for public circulation were seized and  three copies used by the printers for proof reading were shredded and set alight in front of him despite protestations, and that he was also verbally abused by the police.

In a wide-ranging interview with Radio Australia's Bruce Hill, Ghai describes what happened when he received a call telling him that police had arrived at the printers to confiscate the copies of the proposed new constitution:

HILL: So was this in any sense legal? Was there a warrant to take these? Was this simply as you say a confiscation of what was officially the Constitution Commission's property?

GHAI: No there were no instructions, no written instructions. In the beginning he just said this printing is illegal, and I said under what law? He said under the decree, he meant the decree which governs the process. And I said no, on the contrary, we are completely independent and we decide how we distribute our documents. Then I said he contradicted me, abused me, then I said are you a lawyer? He said no. I said well I am, and I've been working under the decree. And then it seemed that it was a bit pointless, so then I stopped trying to persuade him.

HILL: Now I understand that there was another incident just on the tail end of this in which some shredded copies of the final document the printers had used for proofing, were actually piled in front of you, soaked in kerosene and set on fire?

GHAI: Yes exactly and I was saying why are you setting it on fire? You have shredded it, nobody can put it together or you can just take it with you and you can cut up a bit further, but they insisted on, they brought a tin of kerosene and spread all the papers, brought some stick with a flame at the end and started the burning of it, and every few minutes or seconds they would come and put another dose of kerosene, so the flames would rise up again until everything was reduced to ashes.

" If this was indeed an order from the government then it shows such contempt for our work, and in turn contempt for the people who had come out in their thousands and thousands to give us their views"

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"I thought that this was some sort of symbolic act on the part of whoever gave the orders to tell me that this is how we will treat your work." Professor Yash Ghai

HILL: As you were watching this draft constitution that you've been working on for months, what was going through your mind?

GHAI: Well I was of course extremely upset and I thought that this was some sort of symbolic act on the part of whoever gave the orders to tell me that this is how we will treat your work. And I felt extremely sorry, not for myself, but for the people of Fiji, if this was indeed an order from the government then it shows such contempt for our work, and in turn contempt for the people who had come out in their thousands and thousands to give us their views, participate in the process. And I felt really not just a betrayal, I just felt will Fiji ever have a democratic constitution.

HILL: Given that this has happened, what do you feel now about the government's publicly stated commitment to return Fiji to democracy in a fair and transparent process?
GHAI: Well I hope that the government will ensure that the Constituent Assembly that it proposes to establish will really be representative of the people.

HILL: Given however that they quite literally made the constitution go up in flames in front of you, can you really have confidence that this government will actually do that?

GHAI: Well I have to say this is very discouraging.

HILL: Do we know where the actual physical printed copies of the draft constitution were actually taken away to by the police?
GHAI: Well they didn't tell me. I heard some people say it will go to the Attorney General's office, some saying it'll go to the police station. And I had wanted to know because I had this letter they had signed saying they were taking it, but they won't tell me where it was to be taken.
HILL: Given that this whole process is not your process, you were the chair of the commission, but it's very much everyone's process, a lot of people and groups in Fiji took part in this. What message do you think the people of Fiji should take from what's happened?
GHAI: Well I don't know, I think they should continue to take part in the remaining stages of the process, which is the next one is convening of the Constituent Assembly. The government has said those who wish to be on the assembly should express their interest through a letter to the PM's office. And I believe that people should participate in the process despite their skepticism.

HILL: Well given what you've just said they would have a right to be sceptical wouldn't they?

GHAI: Well they indeed have a right to be, but I think institutions like this one has to do one's best to participate. I think people should participate even though they have reservations about the process.

HILL: You've done this sort of thing all around the world, you've been involved in similar activities in Kenya, in Cambodia, you've guest lectured in Sweden and America and all over the world. Have you ever faced a situation like this where something this bad has happened and you've been personally abused by a police officer?
GHAI: No not really. I've had hard times in many places, but not quite to this extent, and I have never been in a process where there has been such an attempt to hide the recommendations of a body which was setup by this very government, which was encouraged to have a completely participatory process, which was assured they'll be completely independent. And if this is the draft to be discussed by the Constituent Assembly, I would have thought that in keeping with good process people should have had a chance to read and discuss this, which indeed was what we had agreed, and that was what was in the decree which started the process.
HILL: Is there anything that we haven't touched on in this interview that you'd like to mention about what's happened and what it means for Fiji?
GHAI: Fiji cannot go on like this. Fiji has to return to some normality, but above all it has to make decisions about the future, about working and living together, creating national unity around certain common values, which are sketched out in great detail in the draft constitution, and which we believe is what people wanted. This is what we gathered from our discussions with them. I'd very much like to be able to encourage all the sides to work together. This is not a question of party politics, this is a question of the national interests and a constitution has to be a consensus document, otherwise it fails to perform its essential function of a kind of social contract. I have done the best I could, I'm an outsider, I was privileged to be asked to chair it. I was able to look at all points of view with some objectivity, and to suggest a compromise, not even a compromise really because I think it's in the interests of all the groups that institutions, procedures, values we have recommended should become the foundation of Fiji.
Listen to Ghai Interview with Hill

Fiji's Draft Constitution, 2012:
The Pragmatic and the Purist

By Professor Wadan Narsey
Special Guest Contributor

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"...Those with a purist commitment to lawfulness and constitutionality, will find some outcomes envisaged by the 2012 DC to be ethically and morally repugnant, especially the grant of immunity to those who implemented the 2006 coup, and those who supported the illegal Military Regimes thereafter.But, at this historical point in time,  the 2012 DC makes a number of pragmatic recommendations. First, the 2012 DC insists that elections must be held by September 2014.Second, they propose an electoral system which will be a significant improvement, encouraging the presence of small parties and progressive gender equality in Parliament (minor remaining weaknesses may be ironed out later). Third, and most important, are the concrete "transition institutions"  which must be set up before the elections.."

Read Full Analysis here

Legal Flaws: Commission's legal experts ANALYSIS OF DECREES find many of Khaiyum's decrees
"objectionable, defective, incomprehensible, unacceptable etc"

By VICTOR LAL
Special Guest Contributor

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HE has been mass producing cheap quality  but highly toxic decrees from his ASK Decree Sausage Plc machine without any democratic production license to do so, and ordering voiceless Fijians to swallow them without uttering a word of protest, and blocking access to courts for redress.
Two of his illegal workers employed to operate the decree machine are Kiwi Christopher Pryde, and his side-kick, the Indo-Fijian Sharvada Sharma from S-G's Office.

He has been playing Godfather with the Casino Decree; Lord of the Sea with the Surfing Decree, to name a few. Now, it has emerged that many of his decrees are objectionable, defective, and plainly unacceptable. The Yash Ghai chaired Constitution Commission has stripped them bare to the bone, like the cartoon (bottom right "Borat Fiji Mankini") and he has been brought to ground.

No wonder, he has confiscated the Draft Constitution, and all other supplementary documents presented to Ratu Epeli Nailatikau. But you can read them now - just click on the link. Meanwhile, we will let the Commission speak to you through its Analysis of Decrees post 2009:

"THE Commission has had to consider whether any action should be taken to remove or amend provisions of the Decrees made since the abrogation of the Constitution on 10 April 2009. A full Analysis of all the Decrees was done in October 2012 and has informed several of the decisions about the contents of the new Constitution.

This is a shortened version of that Analysis. It highlights the main features of the Decrees, and the problems with some of them. As before, the main focus of the analysis is provisions which offend human rights, by denying access to the courts, or breaching natural justice in executive decision-making...

One provision found frequently in the Decrees and that is a cause of concern is the ‘ouster clause’ which purports to oust the jurisdiction of the courts.,,"

State Proceedings (Amendment) Decree 2012

Comment: In effect, this displaces the law of defamation in respect of statements made by the Prime Minister or other Ministers and protects them from legal consequences of public speeches or writings. The protection is extended to media organisations, which are not liable in any proceedings for broadcasting or publishing statements made by the PM or other Ministers. This is an unacceptable provision, as it allows the Government Ministers to say what they like about their critics, but their critics are still governed by the law of defamation; and by the fear of being prosecuted for sedition under the Crimes Decree 2009 (No.44/09 above.)
A possible cure for the defect would be to suspend the laws of defamation in respect of debate on the constitutional process, or to extend the ‘public interest’ defence to make it clear that such debate is not defamatory. The ouster clauses are unacceptable. They should be repealed or declared to be of no effect.

Fiji Constitution Amendment Act 1997 Revocation Decree 2009
Comment: The Decree was made the day following a Court of Appeal decision that the 1997 constitution was still the law (Qarase v Bainimarama). It amounts to a usurpation of executive and legislative power by the military authority. It will cease to have effect when a Government constituted under the new Constitution assumes office. Transitional provisions will be needed to provide for the assumption of office of a new Government. It is for consideration whether this Decree needs to be expressly repealed or it just falls away.
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Legal shoddy plumbers: Christopher Pryde (former Solicitor-General) and Sharvada Sharma, his successor, who helped draft third-rate toxic decrees
Revocation of Judicial Appointments Decree 2009
Comment: The ouster clause is a denial of the right to compensation for loss of office. Repealing it would restore those rights, and entitle former judicial appointees to bring action for damages...The position of existing judicial officers also needs to be considered.
Land Use Decree 2010
Comment: There are no substantive provisions for the issue of leases so the Decree is defective as a legislative scheme. The whole Decree will need reviewing by a future Government for its effect on iTaukei land rights and the work of the iTaukei Land Trust Board. Part 7 is the ‘Fiji triple’ ouster clause (ousting jurisdiction in respect of the Decree, decisions under it and a certificate of termination). It is unacceptable and should be repealed or declared to be of no effect.
Legal Practitioners Decree 2009
Comment: The Commissioner is a single judge of the High Court, and the opportunities for abuse, based on personal prejudice, are obvious. The Commission should have at least 2 lay persons sitting with the judge.
Dairy Restructure Decree 2010
Comment: As in the case of the Momi Bay Development Decree (No.28/10 above) the Decree sets aside all other requirements for registration of title etc. (See also the Denarau (Nadi River) Development Decree 2011 (No.3/11) and the Regulation of Surfing Decree 2010 (No.35/10.) (In practice, fees are required for transfer of assets under this Decree.) More importantly, there is an ouster clause in section 24 which should be repealed or declared of no effect.
Higher Salaries Commission (Revocation) Decree 2011
Comment: This Decree interferes with existing contractual rights and is objectionable in that regard...(It would appear that the Chair of this Commission was not consulted on the repeal. Several agencies had breached the law by not having brought salaries to the Commission for approval before awarding increases. Abolishing the Commission was one way of dealing with this problem.)
Fijian Affairs (Amendment) Decree 2010
Comment: This reflects a policy decision about the naming of Fijian native affairs, and a future government might wish to review it, but no human rights issue arises. Action might be required to conform the nomenclature to the new Constitution. There is no instruction in the Decree what to do with words “Fijians” or where the word “Fijian” is prefaced by ‘indigenous’ or ‘native’, as it would render the prefacing word otiose.
Criminal Procedure Decree 2009
Comment: One concern is that the rule-making power is in the hands of the CJ only, rather than a rules committee. And the CJ has been issuing practice directions rather than rules, which is not a desirable practice as it lacks clarity and certainty.
Employment Relations (Amendment) Decree 2011
Comment: This Decree is inconsistent with the 1997 Constitution (section 33 and 34) and the ERP, as well as labour rights protected by the ILO. In addition, new section 266 seeks to oust the jurisdiction of the judicial bodies about employment matters.
It is objectionable and should be repealed or declared to be of no effect. The whole Decree violates ILO Conventions and should be repealed.
Fiji National Provident Fund Decree 2011
Comment: No action is proposed on this Decree, but there are some unsatisfactory features of it –- Withdrawals can only be made with the approval of the Board and cannot be used to buy income products that are not approved. However, the list of approved withdrawals is not published/ gazetted, which results in lack of transparency.- Departure prohibition notices can be issued against non-payers of contributions, and can be abused for small sums owed.- The ‘fit and proper person test’ for membership of the Board appears to have been used to exclude workers’/trade union representatives.This is objectionable as workers contribute half the sums to the Fund, but are not represented. (In practice, all appointments are apparently scrutinized by the PM and can be disapproved.)

Media Industry Development Decree 2010
Comment: This Decree has several objectionable features and there are several sections that should be amended or repealed. For a full critique, see the separate Note on Media Decrees. The Decree should also be clarified as to the scope of its application e.g. whether it applies to websites maintained by NGOs. Editor: See also Marc Edge: Press freedom guaranteed, but only if. . . .
Television (Amendment) Decree 2012
Comment:TV companies are ‘media organisations’ within the scope of the Media Industry Development Decree 2010, so they are already bound by the Media Code of Ethics and Practice. They need to be registered with the Authority and are liable to investigation under that Decree. The Authority can receive complaints about TV programmes etc. and refer them to the Tribunal. The Tribunal can impose penalties, but cannot revoke a licence or de-register a
media organisation. This Decree goes further in respect of TV companies, and has been objected to as restraint on media freedom. If the Media etc. Decree withstands scrutiny (see the comments on Decree No.29/10 above), then this Decree does itself not represent a total denial of media freedom as it only adds an additional sanction for breach of the Media Code of Ethics and Practice. However, there is no right of appeal to the Tribunal, or to a court, and loss of a licence would mean the end of a TV company. At the very least there should be a more formal hearing, and the Minister should not make the decision alone. So the new section 4A should be repealed, or at least reviewed in these respects. (Editor: As Telecoms Minister Khaiyum has been punishing Fiji TV by giving it a six-monthly licence so far:Another humiliation for Fiji TV) 
Regulation of Surfing Areas Decree 2010
Comment: It is not clear that ‘used’ and ‘utilised’ have different meanings, and the terms ‘surfing’ and ‘water sport’ are not defined. Does it include e.g. sportfishing? Also, does the definition extend to future use of areas of water? There is no Gazetted list, which leaves the definition very unclear. This Decree can therefore be challenged for vagueness as to its exact scope. It has also been objected to as overriding indigenous (iTaukei) interests over reefs and foreshore (‘Qoliqoli’).
Momi Bay Development Decree 2010
The power to expedite foreclosure and to transfer assets is acceptable, but the Decree goes on to displace all other statutory controls. Worse, in section 8, it purports to oust the jurisdiction of the courts in all respects whatsoever. So neither the developer nor any FNPF shareholder can challenge any of the actions done under the decree, which goes too far in this respect. It may be that the effect of the Decree is now spent and all the transactions
Bank of South Pacific Ltd (National Bank of Fiji Ltd) Decree 2011
Comment: This Decree seeks to displace every other rule of law relating to the transfer. It does not, however, include the ‘Fiji ouster clause’ so that a review is still a theoretical possibility if there is someone with a grievance who alleges he has suffered as a consequence of the transfer.This Decree is for query, but no human rights action needed.
Casino (Operator) Decree
This confers an exclusive licence on One Hundred Sands Limited to operate a casino, and gives it a 15 –year tax holiday. The scheme confers functions on a ‘Fijian [sic] Gaming Commission and Control Board’ which does not exist at present.
Comment: The drafting is very defective, almost to the point of incomprehensibility, and the policy might be open to question, but no human rights issue appears to arise on the substance of the Decree. There is however an ouster clause at section14 which should be repealed.
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Editor: Read also Victor Lal's investigation: Khaiyum-Bainimarama rolled out false casino dice: One Hundred Sands Ltd began as purveyor of agricultural produce and ‘deer farmers’ with no experience as multi-million dollar casino operator.   The regime’s illegal pay mistress Nur Bano Ali and her husband in charge of company’s business accounts.
Click for Analysis of Decrees

PART TWO: Fijileaks "Boxing Day Gift"
The Explanatory Report: Read alongside the Draft Constitution

By VICTOR LAL
Special Guest Contributor

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BOXING DAY greetings, FIJI! The illegal regime, in cleverly-crafted propaganda mission,  primarily for the consumption of Fiji TV Xmas news viewers, sent its President Ratu Epeli Nailatikau to shake hands with its trophy prisoner inside Korovou Prison - the democratically elected and treasonously deposed Prime Minister Laisenia Qarase. Naliatikau was sent to reportedly  spread Christmas cheer among prisoners.

I would like to cheer you all by publishing the  promised Explanatory Report that Professor Yash Ghai presented to Nailatikau along with the Draft Constitution. As we are aware, Nailatikau, in collusion with Frank Bainimarama and Aiyaz Khaiyum, is hiding Ghai's "Xmas Gift" from the people of Fiji, and the outside world. Anyway, I gave you a copy of the Draft Constitution on Xmas Day. The Explanatory Report deals with the role of the military, the President, the Electoral System, the Great Council of Chiefs, Citizenship etc etc etc.  Now, you can read the Explanatory Report (ER) by following the link in green at the bottom, and the Draft Constitution (DC)  is in the right column. I am also preparing a rapid guide to exactly what the DC and ER say about  key issues. God bless Fiji!

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Click HERE to read the Explanatory Report in full
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XMAS PROPAGANDA ROAD HUMILIATION SHOW: "Bula Lai. Put in a word for me for when we change places, eh?"

PART ONE: "Xmas Day Gift"
The Draft Constitution

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Click HERE to read the Draft Constitution in full

Editor: We have received more than a hundred (and still counting) emails thanking us for delivering the Draft Constitution which faithfully reflects the balance of submissions received by the commission. It's the first genuine gauge of public opinion on the way ahead and the junta hates it. It's not possible to reply to you all but please be aware that every message has been read and we thank you for your support. We also most humbly ask that you spread this DC and ER as far and wide as possible.  Vinaka!

Read the two documents, download, and distribute to every person in Fiji and beyond her shores! God bless the coup and cyclone victims!

The Whisperer's Corner

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The wasted one should share what she's smoking. She's told the credulous overseas media that 599 copies of the draft  constitution were "delivered" to gold medalist CPR's office. Her mind may have been elsewhere when the green goons confiscated them. Or maybe she's just confusing her greens. Either way, she's a pull short of the full bong.

AND now we know why TM was so keen for the Constitution Commission to be transparent on costs. He  didn't provide a cent. And yet he had the nerve to tell the learned Kenyan professor to leave Fiji by Monday last week as his task was finished. But tourists are welcome. Oh, Evans, he even sent the green goons to clean up resorts. And the Brits, EU, Kiwis, Yankees, and Aussies might not be too happy at CPR's typically ham-fisted attempt to suppress the Draft Constitution and the Explanatory Report.

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It's time they all spoke up.The Commission received a total of $1.77 million since inception and until 30th November 2012. A total of $636,218 FJD from the EU will be expanded during the months of December through February 2013.

Fiji's "Xmas Gift" Up in Flames:
Police burn seized copies of Yash Ghai's Draft Constitution

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Burning with fear that public will know the truth in draft constitution

Police and military sources have told Fijileaks that copies of the Draft Constitution in booklet form seized from the printers on the orders of Aiyaz Khaiyum were unceremoniously burnt on 22 December.

The Constitution Commission had promised to give copies of the draft constitution, printed in booklet form, to members of the general public, political parties, diplomatic missions, churches, media, and other institutions. Now, the regime says the people can't read the draft constitution, despite promise to them by CRC chairman Yash Ghai.

Fijileaks believes the production cost of the booklets was borne by Australian taxpayers.

FLP slams secrecy surrounding draft constitution

Beat the thieves this MARY-Xmas:
Think hard before donating to PM's piggy Disaster Relief Bank

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The First Family: Deny them MARY-Xmas
The "Xmas Gift" arsonist Aiyaz Khaiyum's concern for transparency in the budget of the Constitution Commission is very touching. But it would be nothing short of inspiring were he to apply the same rigour to the Auditor General's reports since 2006, their own secret salaries, the FNPF Report, not to mention the PM's Disaster Relief Fund from previous years.

Medical warning: Holding your breath for any of this to happen would be a serious health hazard. Meanwhile, please think twice, or thrice, before donating to Cyclone Evan victims fund set up by Aiyaz/Bainimarama clique: "Cash donors to the Prime Minister's Relief Fund can make deposits at the Bank of South Pacific (BSP) account number 4706578." BSP (Fiji) is a client of Aunty Nur Bano Ali, the regime's illegal pay-mistress. Fijileaks suggests you consider giving to alternative charities in Fiji.

Part of previous "PM's relief funds" went to Mary Bainimarama to purchase a new home worth $1.5million in Suva.  So, deny them MARY-Xmas!



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BREAKING NEWS: UPDATE
The former embattled head of the Journalism School at University of South Pacific, Professor Marc Edge, left Fiji at 11pm on Saturday, December 22,  for his native Canada.

His departure, like the recent  Cyclone Evan, has strewn up a heap of accusatory finger-pointing debris at regime propagandist and Ministry of Information PS, Sharon Smith-Johns, the pro-regime New Zealander blogger Crosbie Walsh and Graham Davis, another high-profile pro-regime blogger, part-time Qorvis consultant and Fiji Sun columnist.

Edge flew out on a red eye flight to Los Angeles, Fijileaks can confirm.


Driven off the edge:
Journalism professor Marc Edge departs USP and Fiji after vitriolic complaints from Sharon-Smith Johns, Graham Davis and Crosbie Walsh over hard-hitting blogs and joke at Qorvis expense at journalism award ceremony

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Fijilleaks has a photocopy of Sharon Smith-Johns 5 November complaint about Edge's blog entry of 1 November, which demanded its removal and an apology. We have references in emails from two of his superiors to her complaints about his blog entries of 1 July and 5 November.



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One of many personal exchanges between Graham Davis and Marc Edge; here Davis accuses Edge of despicable behaviour in writing an-email to Crosbie Walsh re the Kiwi's junket to Fiji on taxpayers expense, authorised by Sharon Smith-Johns
"I have some breaking news. We are in negotiations for sponsorship of a new award next year. The sponsor would be Qorvis Communications. The award would be for Best Social Media Smear Campaign. Facebook, Twitter, blogs. We would have several leading candidates this year. Next year, hopefully,not so much." - The Infamous Qorvis joke by Edge

Adieu, Fiji: As Professor Ghai bids farewell Madam Nazhat Shameem to takeover chairperson of Constituent Assembly

Professor Yash Ghai's Farewell Statement

The Constitution Commission was honoured to present the Draft Constitution and the Explanatory Report to His Excellency the President, Ratu Epeli Nailatikau, at Government House in accordance with Decree No. 57 of 2012. The Commission is very grateful to the President for his gracious welcome. He will present the two documents to the Constituent Assembly for debate and adoption, when it first meets, by the second week of January 2013. According to Decree 58 of 2012, the Constituent Assembly must complete its task at the latest by the end of the third week of March 2013.

The presentation was a fitting climax to nearly six months work by the Commission during which travelled extensively in the country seeking and listening to the views of the people. The Commissioners had the good fortune to meet thousands of Fijians to discuss constitutional reforms. Their submissions were invaluable to us in understanding the conditions in which Fijians in different parts of the country live, and their hopes and aspirations for the future. We thank them for their efforts in preparing the submissions and presenting them to us. We believe that people’s understanding of constitutional issues and possible options has been considerably enhanced. 

So far the present process has been the most participatory of all past constitution making processes and we hope that the people’s participation will continue through the period of the Constituent Assembly.  

The Explanatory Report is a record of the work of the Constitution Commission in preparing the Draft Constitution of Fiji. It contains an account of the processes of consultation with the public in general, and with specialised groups as well as Fijian and international experts. We thank the many groups and individuals who assisted us in these ways. In particular we thank Conciliation Resources for their help in setting up our office and managing our finances at the start of our work, and to the American Bar Association for the provision of overseas consultants and for  help with the work of the research team responsible for the analysis of more than 7000 submissions.

The report also contains a review of our funding, over 90% of which came from Australia, European Union, New Zealand, USA, and United Kingdom. We are very grateful for their generosity. We have reported monthly to them on our expenditure, supported by the necessary documentation. They have expressed complete satisfaction with our reporting. Now that our work has been completed, a financial audit will shortly commence, conducted by a leading accountancy firm. An expression of interest will be sent on Monday 24th December 2012. The audit report will be made available to the public.   

I want to acknowledge the government assistance in terms of vehicle, drivers and accommodation. And to the Strategic Framework for Change (SFCCO) Office for full assistance in terms of logistics for outreach programme and conference facilities, and concern  for the success of the process.

We were assisted throughout by the members of our secretariat who worked long and sometimes tedious hours, and always retained their cheerfulness.



We cannot thank them enough for their labours.  Our Executive Secretary, Keshwa Reddy worked efficiently and tirelessly, sometimes under great personal stress. His assignment involved a variety of tasks and contacts with a host of people and institutions, as well as supervising the work of the Secretariat.  It is amazing that he never lost his sense of humour.

We would like to mention specially the imagination, efficiency and hard work of our Chief Draftsperson Phil Knight. He worked endless hours regardless of ill health; without his dedication, the Draft would not have been ready in time.

I would like to thank my fellow Commissioners for their hard work and their commitment to their responsibilities. We worked very well together, learnt a great deal from each other, and developed a close and warm comradeship. All our decisions, reflected in the Draft Constitution, were reached unanimously, not without long discussions and lively arguments.

We hope that all Fijians will have an opportunity to study the Draft Constitution and read this Report, and make a full contribution to the deliberations of the Constituent Assembly. It is particularly at this stage, when decisions on the new constitution are made, that people’s participation is most important. We hope that our efforts—and the efforts of thousands of Fijians—will not be in vain, and that democracy and human rights will soon return to this blessed and beautiful country, and its wonderful people.

I end this statement on a personal note. It has been a great honour indeed to chair the Commission. It is not often that an outsider is asked to take this responsibility (although of course this is not unprecedented in Fiji where the previous constitution review was chaired by Sir Paul Reeves). Nor, I like to think, am I entirely an outsider. It has been my privilege to participate in public affairs in Fiji and work with not only the government but also civil society. I have spent time at the USP as a visiting scholar and a fair part of my research work has been on the Pacific Islands, particularly Fiji. Nevertheless, despite this honour and the warm welcome and hospitality I have received everywhere I went, an outsider I am. But I am deeply privileged to take part in this momentous exercise to change Fiji, promote national unity and restructure the state for greater integrity and service to people. For this honour I thank the Prime Minister Voreqe Bainimarama and the Attorney General Aiyaz Sayed-Khaiyum.

Yash Ghai
Chair, Constitution Commission
Suva
21 December

Profile: Yash Ghai
President's Speech
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Constitutional Road Map: Professor Yash Ghai hands over draft Constitution to President Nailatikau at Government House

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Handover ceremony of draft Constitution video

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MERCY NEIGHBOURS: AUSTRALIA and NEW ZEALAND come to cyclone & flood victims rescue but no sign of Bainimarama's new found friends - India, China, Iran and North Korea (YET)

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2009: Bainimarama expels Aussie and Kiwi high commissioners; 2012: Beggar cant be an arrogant chooser, especially when no sign yet of Indian and Chinese comrades

HIGH AND DRY: Good E'vans! Khaiyum's selfish priority fly visit to resorts as ordinary Fijians swim in floods

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“Now it’s time for you and Sharon to get into the helicopter!” The Pilot said to Aiyaz. Then Lord Aiyaz got into the helicopter and shut the door. Water poured from the sky and rushed up from the ground. It rained. And rained. And rained...and the poor stranded child was left behind to look up to the helicopter with Lord Aiyaz and laughing Sharon in full flight

Grahamdavisstyle: Regime propagandist shares tips with Government media liaison officers on spin journalism

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The art of Turtle Journalism: Graham Davis speaking on 14 December to Government media spin doctors

"Ungrateful" hostages Mahendra & Rajendra Chaudhry & others turned against saviour RFMF:
Military submission wants immunity freedom to act without restraint against future hostage-takers

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In its submission to the Constitution Review Commission the RFMF wants immunity so that it will have unfettered powers, without fear of being sued in courts, to act decisively against future hostage-takers. As an example, it told the Commission:

"We have already heard of the hostage taking of Parliamentarians in 2000. Mahendra Chaudhary and others were held captive in parliament for 56 days. The RFMF made all efforts to protect them and ensure their well being. So much, we had to alter our operation plans and modus oprendi (operandi) to ensure no harm would come to them. What did the Republic of Fiji Military Forces get in return! All parliamentarians sued the RFMF! The institutions that protected them and brought them out of captivity were sued!"

The RFMF cited the following cases: Mahendra Chaudhary v RFMF & Other; N. Kumar v RFMF & Others; Gyanendra Prasad & Nagamma Swamy v RFMF & Others; A. Singh v RFMF & Others; Rajendra Chaudhary v RFMF & Others; Gaffar Ahmed & Others v RFMF; Lekhram Vayeshnoi v CRFMF & Others.

"This simple example is a testimony of the concerns of the RFMF. None of us wakes up in the morning and declares we will harm someone today. To the contrary, we wake up to ensure that through us there is a harmonious, peaceful and law abiding society where we all can live in. Where compliance to the laws are the order of the day.

"If immunity is not granted, future operations will be affected as there will be questions raised regarding legal implication. We cannot leave this issue to chance and hope all will be good and resolved within its own time.The service persons deserve to be absolved from legal implications for the acts done from 2000 until the formation of a new government."

The Muanikau Accord gave Speight & others Immunity
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These "ungrateful" hostages turned against the very RFMF which "rescued" them from George Speight's clutches in 2000
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Ratu Ului Mara: RFMF Submission on 2000 coup pack of lies

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Frank Bainimarama, the illegal Commander of the RFMF was behind the 2000 coup; had ordered the CRW into parliament, illegally removed the President of Fiji Ratu Sir Kamisese Mara from office; betrayed the CRW, and murdered the CRW soldiers. Click here for more
____________________________________________________

RFMF Submission: The Speed Read

Fijileaks offers a rapid guide to exactly what the submission says about  key issues.

Click here to read key issues in RFMF Submission

RFMF will stay in control: Army submission to Constitution Commission speak of Pakistan Model for Fiji

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The RFMF, spotting a different logo (left) rather than the traditional one, made its much awaited submission to the Constitution Review Commission on Thursday 13 December, way past the deadline for submissions.

And there are no surprises, notably on the question of immunity. Basically, it wants to be in full control; for Fiji to be shaped in its vision, with a state based on the contested secular vision of the late Mohammed Ali Jinnah, the founding father of coup-ridden and Muslim-majority Pakistan who wanted, in the face of a larger Hindu majority, a new nation carved out of Colonial India in 1947, and embodying the essential principles of Islam.
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"Although the Attorney General stands as a political office, in function, it has a ministerial jurisdiction as well as an administrative function. The functions of the Attorney General are unique. In recognising the same we submit that he/she’s inclusion in government be made through the nomination process outside of Parliament."

RFMF Submission: The Speed Read

Fijileaks offers a rapid guide to exactly what the submission says about  key issues. Click here to read key issues in submission
RFMF Full Submission

HACKED?: Shortly after Constitution Review Commission uploaded the RFMF submission, it was hacked, and remains so at time of writing this story: http://www.constitution.org.fj/ 
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HATS OFF: RFMF submission cynically promotes the Godfather of illegal power Aiyaz Khaiyum - as future A-G without public mandate. The Pakistan Factor- Jinnah's contested secular vision of Pakistan a model for post-coup Fiji
Protecting Pakistan's Persecuted Hindus

It's a travesty of Pakistan's own founding principles that its Hindus - and not to exclude Christians and Ahmadis - have suffered so grossly...read here
Click here to read Victor Lal on Bainimarma's Doctrine of Necessity speech, Pakistan and Aiyaz-Aziz treasonous roles in the  2006 Fiji Coup

FICAC keeps Chaudhry waiting over Chief Registrar complaint for office abuse and falsification of documents

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Read full letter against Saneem to FICAC
See also Haroon Ali Shah v Chief Registrar 2012

NEWS UPDATE: Rajendra Chaudhry gets his New South Wales Law Society Practising Certificate after making application and full and frank disclosure

Dial TT for Talei Tora: Military censor's mobile phone found in FLP leader's compound


Labour Leader Mahendra Chaudhry was somewhat intrigued to find a mobile phone lying on his compound. Inquiries revealed that the phone belonged to an Army officer. The incident occurred about a week ago, the morning after Mr Chaudhry returned home from his Sydney trip. He found the phone lying on the front lawn of his residence at Suva Point at about 8am the next morning. It had definitely not been there the evening before. He immediately informed the officer at the Suva Point Police Post realizing that the phone had either been deliberately thrown in, placed or planted on his property, and called for an inquiry. Constable Tawake took the report. Half an hour later, he returned to say that his inquiries revealed that the phone belonged to an Army officer, Ms Tale who was based at the RFMF headquarters in Berkeley Crescent. “I was somewhat intrigued but not surprised as I am aware of military and police surveillance on me and my family members,” said Mr Chaudhry. Click on this link to read more.

Editor: The moblie phone belonged to Lance-Corporal Talei Tora, the military's media officer and censor enforcer. We would like to direct our readers to our fellow blogger C4.5 which published a list of names, a copy which we had also received, of those under surveillance. To avoid duplication, click the link underlined in blue to read the list

Listen to Tora's pro-regime video propaganda

SOLO FLIGHT : High Commissioner Mara arrives in Fiji for dressing down over Frank's farcical London trip

The career civil servant Solo Mara, Fiji's High Commissioner in London, according to Fijian immigration officials, has arrived in Fiji to explain himself to the self-styled Prime Minister and treasonist coupist Frank Bainimarama over the recent humiliation that was dished out to the dictator when he was in London for the sugar meeting. Despite arriving on a restricted visa, Bainimarama insisted on visiting his daughter at the Leicester army barracks. Mara advised him that the British government had set strict visa rules that included that he could not be driven on the M25 highway, the road leading from London to Leicester. However, Mara was forced to take Bainimarama to Leicester under cover of darkness for him to spend the night at the barracks. The British military found out, and issued photographs of Bainimarama to every guard room - basically a WANTED poster - instructing that he must be chased out of army properties. The British government also refused to extend his visa, forcing him to leave England on 1 December, for otherwise, he would have been treated as an illegal immigrant and possibly locked up in a detention centre. In retaliation, he is removing the Queen's portrait from notes and coins and has threatened to close down the Fiji High Commission in London. Mara was summoned to the British Foreign Ministry Office and reprimanded over the secret visit to Leicester.

THE FACE OF THE FUTURE?: New Specimen Bank Notes left BLANK on the right-hand side for new Portrait

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"I personally promise you this will still be worth 10 bucks a year from now."
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Coming soon:Regime lackey Kamlesh Arya seizes control of University of Fiji amidst allegations of corruption, sex and bribery


Coup free rider:
Bank in high-speed chase for PM's Permanent Secretary Colonel Pio Tikoduadua to pay up car loan

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Application for Constituent Assembly
The self-styled Prime Minister and coup treasonist Frank Bainimarama is calling on prospective candidates for the Constituent Assembly to send their applications to his Permanent Secretary Colonel Pio Tikoduadua before the end of December. The contact detail is as follows:  piotiko@gmail.com.

Fijileaks to Tikoduadua: PAY UP YOUR CAR LOAN to Merchant Finance of Fiji before processing applications whether the prospective candidate is “a citizen of Fiji; a person of experience in public affairs; and must have utmost honesty and integrity in every respect.” Description: New Toyota Hilux D/Cab 4x4 FQ167; Contract: MA1221651; Cash price: $F65,000; Customer: Tiko48; Employer: Government of Fiji
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Among family: Alisi (right) with Khaiyum, Nazhat Shameem and Ashwin Raj at A-G's conference . Tribal South Indian woman (middle photo) - Alisi's "common" ancestor and not Chief Lutunasobasoba or Lapita woman. Is it Alisi Daurewa or Alisha Darisipudi from South India? What is her tokatoka, mataqali, yavusa, village, province and can she trace her family lineage and language back to Tamil Naidu?

LOST ANCESTOR:
Kai Kadavu and coup apologist Alisi Daurewa's potty claim at A-G's Conference: 'I-taukei came from South India to Fiji'

Click to read her finding
Mana Woman - Expert finding

Routing for ancestral home:
Kadavu to Kanyakumari in South India

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2008: The University of the South Pacific t revealed the face of one of the very first people to have lived in the Fiji Islands . The face of Mana – the 3000 year old woman from Fiji (right photo) - while another bhaini/marama - Frank Bainimarama - in Kadavu waters. Click Mana Woman to read expert history
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Purchase Details

Minting Aussie links: Khaiyum's old boss Minter Ellison gets all Government legal jobs without tender

"I am just a humble company lawyer and the opportunity to draft corporations legislation was just attractive to me. I am not political and was making no political judgment," protested Bruce Cowley in 2010, the Brisbane partner of the Australian law firm Minter Ellison. He was defending his firm's contract to review Fiji's Companies Act on behalf of the military government. Now, as revealed by Aiyaz Khaiyum this week, the new Companies Decree is expected to come into effect early next year. The Decree states how existing companies will be treated and new companies will need to be registered under the decree from next year. And Cowley will be explaining it all at the A-G's conference on 8th December. What he will not reveal is how much his firm was paid, and that FNFP had refused to hire the company despite lobbying from Khaiyum, for the asking price was too expensive. Cowley had also headed the inquiry team into Mahendra Chaudhry's tax affairs. Job for the old Aussie mates! So much for transparency and clean-up since the 2006 coup. We must not forget that Minister for Anti-Corruption Khaiyum had briefly worked for Minter Ellison in its Sydney office long time ago. The A-G's Conference will be opened by "The Honourable Prime Minister of the Republic of Fiji, Commodore Josaia Voreqe Bainimarama OStJ, MSD, jssc, psc". No i-taukei lawyers are keynote speakers at the conference.
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Click to read full program of speakers and topics
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Watching over Fiji:
Human Rights Watch want decrees lifted and stakeholders to have voice in new Constitution-making

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Brad Adams, executive director of Human Rights Watch's Asia Division
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Read full letter to Bainimarama

5 December: 6TH ANNIVERSARY OF BIRTH OF DICTATOR FRANK BAINIMARAMA AND HIS COUP

Russell Hunter
Warning on road map
TODAY is 5th December 2012, depending in which part of the world you are reading Fijileaks, and it is the 6th anniversary of Fiji's military coup on 5th December 2006.

Fijileaks special guest contributor Russell Hunter, the former editor-in-chief and publisher of Fiji Sun at the time of the treasonous coup, reviews the illegal regime's 6 year report card and the nation's ongoing trauma under the boot of Frank Bainimarama and his  backers.

Click here to read report card
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Defiant and brave maramas protecting PM Qarase as another cowardly Marama - Bainimarama - takes over Fiji

"I don't trust the people" - Frank Bainimarama

Breaking News: PM Qarase loses application for bail pending appeal

Khaiyumnacht, December 2012:
The Night He Sent Military Goons to Break-Up Muslim relative's marriage to Fiji Hindu in Ba

In a bizarre display of his punch drunk coup power it has emerged that last weekend Aiyaz Khaiyum unleashed a group of military officers to break-up the wedding of a Muslim relative who was trying to tie the love knot to a prominent Fiji Hindu businessman's son in Namosau, Ba.

Some of the military officers told Fijileaks that they were sent to stop the wedding on Khaiyum's orders, which they did, chasing 400 assembled guests home. The Muslim girl's parents had no issues but Khaiyum's other relatives did not want the marriage across the religious divide to take place. The next day the family took an order from court and proceeded with the wedding. A far cry from his own marriage to Ella Gavoka and running around Fiji in sulu these days.

Treated as pariah by Her Majesty's Government of Great Britain:
Military E-mail reveals order to keep dictator off British barracks - visa only from 24 Nov – 1 Dec, 2012

PM in world role: So ran the headline in regime propaganda sheet The Fiji Sun, telling its readers on behalf of the self-styled Prime Minister Frank Bainimarama's spin doctors: "It is now official that Fiji’s Prime Minister Commodore Voreqe Bainimarama has been elected the new chair of the International Sugar Organisation (ISO) for 2013. At the 42nd session of the ISC in London, the Prime Minister was nominated as chairman by Brazil and seconded by India. Of the 85 nations that voted for Fiji, Australia was the only one that abstained. After his election, the Prime Minister thanked the members for electing Fiji as the chair of the international body."

What was not disclosed was that Bainimarama was allowed into Great Britian on a "restricted visa" to solely attend the sugar meeting - like others before him, that is where his official duties ended. But, NO, he thought he was ruling Fiji, and as reported earlier, tried to gatecrash into British military barracks, only to be told in no uncertain terms, to stay out. We have already revealed that the planned "curry night" at Fiji's taxpayers expense was cancelled at the last minute following strict orders from the British Military High Command for the Fijian soldiers not to allow him into any of the barracks dotted around England.

Fijileaks has obtained a copy of the e-mail sent out to commanding officers from the British army's headquarters, which reveal how he had already sneaked into one, spending the night with his daughter and brother-in-law until he was found out the next day, prompting a warning not to allow him into any more barracks. In response, like a child denied the lollipop, he went ballistic, ordering that the removal of the Queen's face from all notes and coins be brought forward, and even threatened to close down the Fiji High Commission in London. Bitter taste of his own medicine - sugar can turn sour! Just desert! The e-mail is reproduced to support our claims.
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Hooking up in China:
Brigadier-General Aziz chum Sanjeev Pal in heavenly pleasure after fleecing victims and fleeing Fiji

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HANDS ON THE JOB: Sanjeev Pal "killing two birds with one stone " - in heavenly exploits in China and protected by his chum Aziz from litany of charges in Fiji
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KISS KISS, MONEY, MONEY

Litany of charges against Sanjeev Pal in Fiji

One of the coup beneficiaries and former travel agent Sanjeev Pal, who facilitated tax evasion for Brigadier-General Mohammed Aziz, managed to leave Fiji for the United States despite a Departure Prohibition Order against him. Pal was one of those that turned against his close associate and civil servant Brian Singh in the purported fraud on converting business class tickets into cash. He turned state witness to avoid prosecution on potential charge of aiding and abetting. Brian Singh remains behind bars. Pal is alleged to have defrauded numerous individuals including finance companies and banks:
  • Merchant Finance Ltd to a tune of $1millon, when his close associate Aziz was chairing Merchant Finance

  • Finance Pacific to a tune of $50,000 where he let down his close friend  Arvind Anand 
  • Credit Corporation go a tune of $100,000
  • Retired Chengaia Naidu, a former civil servant, to a tune of $20,000 resulting in  Naidu dying through depression
  •  Shri Pande, his business associate of $150,000 in cash plus all of Pande's  assets
  • Brother-in-law whose house he mortgaged for a loan from a financial institution for $285,000 which eventually resulted in a mortgagee sale
  • FNPF to a tune of $50,000 where he organized refurbishment to be carried out in an office space at the old BP Building purporting to lease the premises.
  • Pal  utilised his mentally unstable brother in the transaction, resulting in defaulting lease payments from day one and later abandoning the premises
  • $400,000 commission from General Machinery Ltd, a logistic family company in Lautoka, where he organized a tax deal resulting in a deed of settlement with FIRCA where Aziz was instrumental in the deed.
  • The deed got quashed recently and now General Machinery are crying foul and many more such activities post 2006 coup.
  • Former SDL Minister, George Shiu Raj lost $300,000 financing Pal in buying a travel agency which remains unpaid.

    Pal is now residing in USA and makes junket trips to Asia and was recently snapped coddling these Chinese women. He got close to illegal regime through his connections with  Aziz and another former high-ranking i-taukei Fijian military officer. Pal's Hunts Travel company was liquidated by the banks
  • While running the travel company he used to make unnecessary trips overseas to coincide with Bainimarama's trips and got close to the military leader through his chum Brigadier-General Mohammed Aziz.

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Sugarcoated white lies in London: Sugar minister blames others for Fiji's rotting brown gold

The politicking has already begun. While accepting Fiji's chairmanship of the International Sugar Council in London, the self-styled Prime Minister and Minister for Sugar Frank Bainimarama told the gullible international participants why Fiji's sugar industry is in terminal decline: "Six years ago, my Government inherited a broken industry characterized by neglect, mismanagement, political interference, self-promoting trade unionists and corruption. It was used by some careless politicians as a way to win easy votes. But these votes were never translated into meaningful change..." Read full speech here

$F850 chicken curry party off: Currying favour leaves sour taste in Bainimarama's cynical publicity pot - more British army bases deny him access to Fijian soldiers

Friday 30th of November 2012 had been set aside as "chicken curry night" in honour of Fiji's military dictator Commodore Frank Bainimarama. The Fiji High Commissioner in London  Solo Mara had been ordered to fork out $F850 from the Commission's budget and give it to the wives of Fijian soldiers serving in the British army, to cook chicken curry for Bainimarama and his entourage. Now it has emerged that Tidworth military barracks, the "curry night venue", has been declared off-limits to Bainimarama because he has a "restricted visa" to the UK. Soldiers from the neighbouring Larkhill barracks had also been warned to keep away - so the "curry night is off". Many Fijian soldiers and their wives are hugely relieved - that they don't have to share food from the same pot - especially when the $F850 was from Fiji's suffering relatives and taxpayers: "Those who are rich by ill-gotten gains will meet their due justice," one said, and we "are grateful to the British military top brass for keeping Bainimarama off their premises".
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Gates firmly shut in his face: Bainimarama declared pariah from British military bases in UK. Solo Mara (right) was told to splash out $850 from budget for curry night. In retaliation to the snub, Bainimarama has ordered that the plans to remove Queen's head from Fijian notes and coins be expedited - sour grapes

MARCHING ORDERS: Army top brass order Bainimarama off Aldershot - Home of the British Army

The self-styled Prime Minister and head of Fiji's coup happy military forces Frank Bainimarama had a rude shock when he was informed that his present visa to London for sugar talks was a "restricted visa" which did not entitle him to enter British military establishments to fraternize with Fijian soldiers serving with the British army. The soldiers have also been warned by the British military top brass not to engage or entertain Bainimarama, who is regarded as a military dictator undeserving of diplomatic protocol. Aldershot barracks, referred to as the "Home of the British Army", has been declared off-limits to him. He is, however, believed to have booked a meeting at another military base - Tidworth - for a "curry night" and has secured a married quarters for the night.  Fijileaks will bring you more on the story!
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Fijian soldiers at Aldershot celebrating Fiji Day 2010 - Bainimarama told to keep off base

All Chiefs and No Indians: I-Taukei Fijians place in Aiyaz Khaiyum's new Fiji...on the floor mat

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Read Khaiyum's thesis on Fijian cultural autonomy

Cambridge cultural expedition: The self-styled Minister for I-Taukei Affairs and the National Archives of Fiji gets lesson in Fijian history

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LOCKED UP - From Kalabu to RFMF Military Cells
Board of Inquiry Report on beatings of George Speight and other Nukulau bound prisoners

By VICTOR LAL
Special guest contributor
PART TWO

Click here to read
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2013 Budget Blues:
FLP - It's Bundle of Contradictions

Budget 2013 leaves a whole lot of other pressing questions unanswered :


• Is AIR PACIFIC meeting its debt repayment obligations to FNPF? • Is FBC paying off its debt of $22m to FDB and if so where is the money coming from seeing that it receives a government subsidy to the tune of $300,000 a month to stay afloat?
• How much are the Prime Minister and his Cabinet ministers paid and by whom?
• Why is the Mahogany industry in dire straits? Will it have a similar fate to that of the sugar industry.
All in all, this Budget is a bundle of contradictions. It is rooted in bad policy advice. IT WILL : • fuel inflation • deter investment • erode business confidence • penalise the poor • destabilise State finances

Read Victor Lal: Khaiyums' $22m bank loan for FBC TV

Wadan Narsey tells Radio Australia:
Frank's Budget will have widespread approval

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FLP: "The sale of its overseas mission properties to the Fiji National Provident Fund is a case in point. The buy-out by the Fund of the State’s off-shore properties which would then be leased back to the State, smells a rat, as does the proposed sale of FINTEL shares to ATH which is 58% owned by FNPF."
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Listen to interview
FLP Budget Analysis

FOOD FOR THOUGHT:
Join world campaign to oust Bainimarama as chair of International Sugar Association

The International Union of Food Workers (IFU), a world-wide federation of trade unions representing workers in agriculture and plantations, food and beverages, hotels etc is calling on members of the International Sugar Organization (ISO) to refuse to give the chair of the organization to Fiji’s self-styled prime minister and military dictator, Frank Bainimarama.
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Click here to sign global petition
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From Kick Out to Hand Out: Vote Buying Budget
Frank discovers it's election time so raids FNFP, again!

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The Muppet reading the pie in the sky Budget - Bainimarama will form political party in March 2013
2013 Budget Text Speech
Budget Video
FLP: Budget Baloney
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Frank tap dancing to Master Khaiyum's budget - written by Aunty Nur Bano Ali, Ganesh Chand etal...nothing on Air Pacific, Ministerail salaries etc etc etc. Chand's FNU heard from Frank: " We will allocate $5 million, in 2013, for a new scholarship program to cover tuition fees for more than 1,000 students to undertake vocational courses, through Fiji National University (FNU), to help them acquire specialised trade skills."
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Pricewaterhouse Coopers Budget Analysis


Swampy deal: Qoliqoli owners bog down in their fight over destruction of Suva peninsula mangroves

Traditional qoliqoli owners of the foreshore land at Waiboloa, Wailekutu have written to Frank Bainimarama, the self-styled Prime Minister and anti-Qoliqoli Bill critic, that the area  earmarked for a proposed development project by major building company Pacific Building Solutions (PBS) cease immediately. The company plans to cut down mangroves to develop the land. The Suvavou qoliqoli owners were joined in their protest by other Rewa qoliqoli owners who protested the destruction of mangroves between Fletcher Road and Raiwai. So far the Government has been deaf to the cry of the qoliqoli owners while Bainimarama has been more than happy to sit down with the PBS owners while opening their building projects like the re-development of the Wyndham Worldmark Resort on Denarau Island, Fiji worth $52 million (see photo opposite).
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Read letter
Qoliqoli Bill 2006
Mangrove fact sheet
NZ Qoliqoli owners win case
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Double-crosser: willing to sit cross-legged with Pacific Building Solutions building chiefs
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PBS project: Construction is in its final stages, at the Suvavou headland, on the new R.B. Patel retail center worth $5 million. Officially named R.B. Patel Harbour Point, the new shopping center will be 3,000 m2 in size and provide a variety of new shopping options and business opportunities for the people of Lami including a new R.B Patel supermarket as its anchor tenant.
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Head in the swamp
Landowners reject Draunibota Bay proposal from PBS

Toktok Giaman:
Amalgamated Telecom to "buy" embattled BeMobile from PNG for reported $US100million
Plane ready for Bainimarama to fly out to sign deal

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BeMobile CEO: Michael Ah Koy
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The Papua New Guinea government has chartered a plane for a day to fly out Fiji's self-styled Prime Minister Frank Bainimarama to Port Moresby next week. He will arrive in PNG to witness the purchase by Fiji's Amalgamated Telecom Holdings Ltd of the embattled PNG phone company BeMobile for a reported sum of $US100million.

Fijileaks was told that BeMobile's CEO, Michael Ah Koy, the son of Sir Jim Ah Koy, was recently in Fiji for talks with the regime. It is also understood that PNG's Prime Minister wants to see a controlling share remain in PNG hands. So the final figure may be less, depending on  the number of shares Fiji actually buys.

Telikom PNG Limited holds 50% stake in BeMobile and 35% is held by General Enterprise Management Services International Limited.
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Last year, the Solomon Islands telecommunications regulator, the Telecommunications Commission of the Solomon Islands (TCSI), had fined Bemobile $US1million for failing to meet the deadlines set out in the terms of its license. Bemobile had to cover 50 percent of the Solomon Islands population by September 2010, and 75 percent by February 2011. Bemobile failed to accomplish both targets.

Bainimarama's arrival in PNG will coincide with the Pacific ACP Leaders meeting in Port Moresby, which will discuss Fiji’s participation at future PACP related meetings. It is not clear whether Bainimarama will attend the meeting. We will find out next week if the purchase, as they say in PNG, is toktok giaman - "rubbish talk or not".



COUP HOG
"I swear that no military officer will benefit from my coup...YES, he will (and) his family"

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Lieutenant-Colonel Inia Batitoko Seruiratu - the newest member of Cabinet, the Minister for Agriculture, Fisheries and Forest, with family

ROBIN PERCHES IN ARABIA
"Take advantage of my new dual citizenship decree - and I will make you Fiji's diplomat"

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He was part of the overseas Indo-Fijian cabal (Dr Satendra Nandan, John Samy, Francis Narayan, John Prasad etc) that wrote the dual citizenship policy paper - later the citizenship decree - now enjoying its fruits: Australian Robin Nair, Fiji’s first diplomatic representative to the United Arab Emirates with President Sheikh Khalifa bin Zayed Al Nahyan

STEAMY SAUNA SEX PADRE
Justice Paul Madigan jails
All Nations Christian Fellowship leader
Rev Epeli Ratabacaca for two years

"In treating the lady in this manner you were in gross breach of trust. She trusted you as a pastor and counsellor to help her alleviate her post natal symptoms of anxiety and depression" - Justice Madigan

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Fall from grace: steamy sauna to prison cell
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White lie: "I was not there"
Full story

LAST ORDER AT THE BAR
Justice Paul Madigan's Bad Dog Cafe drinks
with investigators put Chaudhry case in peril

"The Commissioner has always been a prosecutor both in Hong Kong and in Fiji with the Fiji Independent Commission against Corruption and has not appeared to have shed his prosecutorial skin and his most recent act of openly associating with ILSC investigators and prosecutors in a pub this undermines the risk of a fair trial as has been the case with me." Suspended Suva lawyer Rajendra Chaudhry calling for ILSC Commissioner and High Court judge Madigan's recusal from hearing case

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Read recusal affidavit

Professor Yash Ghai: Poverty and constitution-making are indivisible in Fiji

The chairman of the Constitution Review Commission Professor Yash Ghai says the Constitution will need to address problems of poverty whether they are rooted in structures of State, economy or society. We publish three different but inter-related pleadings to the CRC on poverty in Fiji.
See also Professor  Ghai's views on Poverty Talks public seminar organised by the CRC at USP.

"Currently in Fiji there are at least about 35% of the population living below the poverty line and another 30% living not far above the poverty line. Thus roughly two thirds of our population either live in poverty or close to it.We have so much poverty and inequality in Fiji our Constitution must address it directly and seriously." - Father Kevin Barr

Read Father Barr
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Blot on landscape - poor trapped in poverty
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Make poverty history campaign continues

"I will be 74 years old in just over two weeks... Access to health care does not just mean physical access to a hospital or health centre, although this is a key issue. It also means access to quality and affordable medical supplies that are needed specifically for senior citizens." - Rachel Bhagwan

Rachel Bhagwan

"It is an honor to be representing all the Informal Settlements in Fiji today, sharing with you their challenges of Poverty which they believe needs to be addressed in the Constitution.For the past 50 years, I was really sad to witness how the poor and marginalized people of this Nation are living..." Ben Vakaloloma

Ben Vakaloloma

Gross security breach at Government House
The day Bainimarama was made to "eat humble pie" by Qarase government over
intruder doing push-ups in President's residence

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The First Lady: "What are you doing? Intruder: "I am doing press-ups while the music is on really loud. I want to know what life is like in the Presidential home."
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By VICTOR LAL

The treasonous and self-appointed Prime Minister Frank Bainimarama was all smiles at Government House on Monday at the swearing-in ceremony of his rubber-stamp President Ratu Epeli Nailatikau for a second three-year term. As he mingled for those photo opportunistic shots one wonders whether his thought drifted to the day in September 2005 when the democratically elected Laisenia Qarase government had given him the right good balking for failing to provide adequate security for the previous incumbent, the late Ratu Josefa Iloilo and his family.

Those were the days when Bainimarama was told to play by constitutional rules - to listen to his line manager, the deposed but tough-talking Minister for Home Affairs Josefa Bole Vosanibola. The "push up workout" had made headlines around the world.

The intruder was later identified as 25-year-old Iowane Tuinamasi who was apprehended after President Ratu Josefa Illoilo's wife had  caught him doing push-ups in their official residence.

Tuinamasi had jumped a fence, had evaded security and had broken into the house, and then turned on loud music and began working out. Investigating the commotion, the First Lady "noticed Tuinamasi doing press-ups while the music was on really loud". Tuinamasi pleaded guilty, telling the Suva Magistrates Court he wanted to know what life was like in the Presidential home.

The no-nonsense Home Affairs Minister  Vosanibola was not pleased at all, and decided to rebuke Bainimarama (see letter) in the strongest possible language, a chiding for which Vosanibola was never forgiven. He, along with Laisenia Qarase and others, was deposed in the 2006 treasonous coup. Vosanibola had told Bainimarama that the  breach of security had called into question the military's ability to protect the Head of State and his family. Vosanibola was disappointed at the appalling standard of security at Government House.

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BLACK MONDAY: President Ratu Epeli Nailatikau gets new lease of life (3yrs)
at Government House to pass Frank's (and not Ghai) Constitution

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Wadan Narsey: Beat censorship
YouTube to Fiji

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Wadan's novel way to beat censorship - Youtubing his message on poverty findings in Fiji
http://narseyonfiji.wordpress.com/z3-videos-on-youtube/
Narsey's Personal Statement
See also Professor Yash Ghai and Father Kevin Barr's views on Poverty Talks public seminar organised by the CRC at USP.
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Precarious existence in poverty Fiji...Professor Ghai says the Constitution Commission will need to address problems of poverty whether they are rooted in structures of State, economy or society.
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Prisoners bashed up at regime's will

One Man, One Law
Prisoner beatings and Magistrates failure to apply law
without fear or favour

By Russell Hunter
Special guest contributor

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Click to read Hunter's Opinion Column

Back to Future
Tug of War between Common and Communal Roll in Fiji

By
Dr Sanjay Ramesh
Special Contributor

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Click here to read

Aseri Rokoura's team tweaked: England 54 - Fiji 12

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Leafleting war against Fiji's dicatorship
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British trade unionists flex own muscle at Twickenham - leaflets tell true state of play in dictator's rugby mad Fiji
Print out TUC Flyer
Text protest to Aiyaz Khaiyum here
Fair Play for Fiji statement

Trade unionists refuse to play soft ball as Fiji rugby team tours England and Ireland

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Felix Anthony
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Aseri Rokoura
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Cruel truth in Fiji
The Fiji Trades Union Congress, the Trade Union Congress of Great Britain, the Irish Congress of Trade Unions and the International Trade Union Confederation have released a statement urging governments and rugby mad fans not to forget the continuing human rights abuses in Fiji, particularly of workers, since the 2006 coup. The statement is signed by Felix Anthony, Brendan Barber, David Begg and Sharan Burrow.

In particular, the statement points out that the manager of the Fiji rugby team is a military thug who has tortured trade unionists and civilians in Fiji. "The manager of the Fiji rugby team is Aseri Rokoura, a Major in the island's military, and the Prime Minister's personal official. He was appointed personally by the illegitimate Government of Fiji to run the national rugby team. Major Rokoura is directly implicated in some of the worst behaviour of the military regime. Victims report that he has ordered the beating of trade unionists and other activists, and that he has threatened not just trade union leaders, but their families, including their children."
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The Stop the Seventy Tour campaign, an anti-apartheid movement aimed at derailing the South African rugby team’s trip to Britain by invading pitches wherever the Springboks played. The protests worked and led to the cancellation of a planned South African cricket tour in 1970 and paved the way for the country’s sporting isolation.

Fiji's games are as follows: England at Twickenham (Saturday 10 November), Gloucester at Kingsholm Stadium (Tuesday 13 November) and Ireland A at Limerick's Thomond Park (Saturday 17 November). However, the trade unionists have no desire to stop the tour currently underway. But they do want to use "the opportunity to demand fair play for Fiji's people, and draw attention to the way that - even in rugby - the military dictatorship can't stop itself from exercising domination and control".
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Mauled by military control
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Defending the Indefensible
Blogger Crosbie Walsh defends his free Fiji junket from Information Ministry

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"Kitchim poppi" - Piggy-free back ride to Fiji for Kiwi blogger

Pro-regime blogger Crosbie Walsh went on the offensive against those who questioned his free trip to Fiji recently. He had boasted on his blog site in New Zealand: "The [Fiji] Ministry of Information paid my travel costs, five days accommodation at Holiday Inn, they provided a vehicle to take me around, and gave me the temporary use of a tape recorder and a “dongle” to avoid the hotel's high charge for internet access. Vinaka, Sharon, Sharleen, Don and the three drivers, especially Freddie."

Stung by the criticisms, he wrote a follow-up piece "Of Pots and Kettles": "I must confess, though, that I have some doubts about their stated concerns. What, for example, were Victor Lal and "Fiji Wind" inferring when they asked me how much the visit cost Government? Why didn't they ask me how much this visit and, and my previous visit, cost me? I wonder why they don't ask this question of the anti-Bainimarama journalists? Or ask Ratu Tevita Mara, who regularly makes public statements, who has been paying his expenses since he left Fiji? "

Responding, Victor Lal said Walsh was comparing donkeys with milking cows. "I have not come across a case where a blogger has been flown into a country simply on the strength of his blog contents. If the money was used to fund this man's trip as a reward then its a clear case of abuse of office by Fiji Information Ministry's permanent secretary Sharon-Smith - larceny by a civil servant. I wonder if the Cabinet approved the expenses?

"Is there a slush fund to reward pro-regime overseas bloggers with airfares and hotel stays at the expense of the Fijian people?

Walsh to Fijiwindblower: "Dear Unnamed, Other than from Victor Lal, no one has asked this question...I do not know how much the MOI spent on my visit but I could tell you how much it cost me if I thought it any of your business. I met all my expenses when I last visited Fiji. You did not ask my costs then. When you eat in someone else's house, do you ask your hostess how much the meal cost? And do you weigh your words depending on her reply? I'm struggling to see the relevance of your question. You do not ask how many thousands of unpaid hours I have spent on my blog over the past five years... I doubt that what I wrote influenced you any more or any less because it was unpaid labour? None of my own postings are anonymous and I have always been up front about my thoughts and possible biases. Nothing has changed because the MOI paid for part of my visit..."

Fijiwindblower to Walsh: "Dear Professor Walsh...It is one thing not to ask your host how much it cost him or her to feed you but it is completely another if you saw that the host had actually stolen the goat from the neighbour to feed you."

Fijiwindblower to Walsh: "The reason I am Unnamed is because, just like you, I am afraid in case you told the Government that I was questioning your bills - fear is not your personal property - you had every right, and understandably so, to arrive in our country unannounced because of the perceived or genuine threats from what you call "extreme anti-Bainnimarama" elements."


 How much was spent on this Kiwi blogger? It stinks of corruption and FICAC should launch a criminal investigation into the matter," Victor Lal said.

Walsh also attacked USP journalism lecturer,  Dr Marc Edge, who took the NZ blogger to task in his personal blog Croz admits he's also on the gravy train. Fijiwindblower says his only "crime" was to confront Walsh after he (Walsh) allegedly refused to upload his views on Walsh's comment site regarding the Fiji trip.

Frank message to Professor Yash Ghai:
"Your function is to produce Constitution and submit it to President. That is where your job ends."

The Fiji Government Statement

The Prime Minister, Voreqe Bainimarama, has assured the nation that no individual or group interest will get in the way of his Government’s commitment to have a free and fair election in 2014. He was responding to comments by the Chairman of the Constitutional Commission, Professor Yash Ghai, who questioned the Government’s attitude in an interview with Radio Australia. The Prime Minister said the Commission had been given the task of formulating a constitution for Fiji that was credible, enduring and represented the will of the people.

“This constitution is not for the government, as Professor Ghai appears to be believe. Nor is it for the self -gratification of the Chairman of the Commission. It is for the Fijian people and the process of formulating it needs to be transparent. Professor Ghai is complaining that there is not enough scope for public discussion after the Commission produces its document. But there will be ample scope for public discussion once the Constituent Assembly starts its deliberations- once a document is ready. Professor Ghai needs to comprehend that his function is to produce a Constitution and submit it to the President. That is where his job ends. Any public discussion on the draft Constitution will be undertaken by the Constituent Assembly. It is not for the Commission chairman to hijack the Constituent Assembly process. Professor Ghai seems to fundamentally misunderstand the process.

The Prime Minister said he was deeply disappointed that Professor Ghai seemed to have no grasp of the Government’s concerns about the Commission’s decision to appoint Ratu Joni Madraiwiwi as one of its consultants. The law specifically requires every staff member and consultant to be impartial and uphold the non-negotiable principles and the Government  rightly insists that the Commission comply with the law. Professor Ghai keeps saying that Ratu Joni did not contravene one of the non-negotiable principles when he was part of a delegation that called for a Christian state. But the decree expressly says that a secular state is one of the non-negotiable principles.  The law couldn’t be more clear.

The Prime Minister said he was also disappointed that Professor Ghai showed no understanding of why the Government had promulgated the series of laws that have come into force since 2006. We needed some fundamental reforms in Fiji covering everything from domestic violence and child protection to modernising corporate and criminal laws, including the establishment of an independent commission against corruption. We also needed to stop the economic sabotage of our country by certain irresponsible unionists. We needed to remedy the corrupt practices of previous governments and I make no apology for this”.

Professor Ghai seems to believe that it is his job to amend or repeal existing laws. It is not. It will be the job of an incoming democratically elected government and that is how it should be and  is in any democracy. The Prime Minister noted Professor Ghai’s statement that his position had become “very difficult”. It is a pity that he thinks that formulating a constitution after country-wide consultations that upholds unassailable democratic principles is difficult. And his claim that I have been harassing him is totally without foundation.” No one person is more important than the task of producing a constitution for the Fijian people and our future generations.

Yash Ghai can decide for himself whether he wants to be part of this process.”

Ghai to Radio Australia:
"Yes massive interefence in process"

"Yes I'm afraid that is quite true, there has been massive interference. Now I get emails from the PM to do this or not to do that, and this is a kind of harassment. We've also been now told to publish any newspapers ads for which we pay, every single expense we have incurred since the beginning of July. Now while we greatly welcome transparency and indeed there's a provision in the decree for which I'm responsible, which commits the commission to account to the people a report of our processes and funding, as well as a very professional audit of our finances before we are formally wound up in December. And it's also a little bit puzzling that a government which is so wedded to secrecy should suddenly be converted to transparency. "

Read and listen to Ghai interview

Cart before horse: Khaiyum's election rules

  • 2014 General Elections will be different.
  • Changes would include the number of political parties contesting the elections, the grounds of forming a political party, the criteria of selecting politicians to contest the elections, and time span for the elections.
  •  Politicians and political parties to declare their assets and all background information.
  • Only those who were registered would be able to vote and contest the elections.
  • New regulations could also put a ceiling on political parties contesting.
  • Changes could include reducing the number of days to hold the elections, the use of new ballot boxes made of other materials instead of timber. The old boxes are now infested with termites.
  • Another change would be the counting of ballot papers in voting centres in isolated areas instead of bringing all the boxes to main counting centres,
  • An advertising blackout prior to the election and supply of information to the public using the media.
FTUC comes out fighting for Ghai

Pied Piper Crozbie Walsh gets free trip to Fiji
Information Ministry foots regime propagandist's bills for him to write impressionistic blog articles

Win a free trip to Fiji. Interview the illegal Prime Minister. Stay free in a hotel. How? Just start a pro-regime blog abroad. Crozbie Walsh will tell you all:

If you've been wondering why there have been so few postings lately, I was in Suva for ten days, from Thursday 25th October to Sunday 4th November.  I did not announce my visit because of  personal threats by the more extreme of the anti-Bainimarama people writing on this and other blogs.

The Ministry of Information paid my travel costs, five days accommodation at Holiday Inn, they provided a vehicle to take me around, and gave me the temporary use of a tape recorder and a “dongle” to avoid the hotel's high charge for internet access. Vinaka, Sharon, Sharleen, Don and the three drivers, especially Freddie. My wife joined me on Tuesday and we paid all her costs.

I know that some of you are thinking: He who pays the piper calls the tune. Fair enough. But I accepted the MOI offer on the condition that I could interview people of my choice. They not only honoured this stipulation; they provided the transport without which I could not possibly have interviewed close to 40 people.

Half of those I interviewed were either in or supportive of government, and half were neutral, undecided or opposed. I talked with the PM for a long 40 minutes, the Attorney-General and two Cabinet ministers, four permanent secretaries, Prof Yash Ghai and two other members of the Constitution Commission, and people from business, Qorvis, the NZ High Commission, the universities, the trade unions, the military, two NGOs involved in constitution education, the media (Fiji Times and Fiji Sun), the judiciary, the religious community, and one chief, Ratu Joni Madraiwiwi.


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The Holiday Inn in Suva - Crosbie Walsh's base for assignment or a jolly good holiday at Fiji taxpayer's expense -regime mad dogs and pied piper Englishman
I did not attempt to meet any of the leaders of the old political parties because their views are already well known and I thought I'd gain nothing from interviewing them.

I tried unsuccessfully to speak with Raman Singh of the NFP and Krishna Datt, a former prominent FLP  MP. I would also have liked to talk with someone from Multi-Ethnic Affairs, the Ministry of Lands and the US Embassy, but I ran out of time and the brain can only take in so much in a day. But I did talk with people from the Ministries of Trade and Industry, Health, Education, the iTaukei Land Trust Board, and Legal Aid. I'll be publishing reports on their work over the next few weeks.

Having now "set the stage" I'm almost ready to report. Tomorrow, after golf, I'll start with some general impressions.

Editor: Walsh and Sharon-Smith have not revealed the total cost of the trip nor has Sharon agreed to a similar all-paid trip for Fijileaks editor.


Travel expenses racket:
Tom Ricketts $67,000 flight and hotel bills paid on Telecom Fiji Visa Card

By VICTOR LAL

TRANSPARENCY is one word missing in the Fiji government's vocabulary when it comes to the travel and hotel expenses of the  illegal Prime Minister Frank Bainimarama, his family, and his army of coup supporters.

A cache of overseas hotel and travel bills of Bainimarama, Aiyaz Khaiyum, Cabinet ministers, and scores of Board of Directors on Government appointed institutions reveal the impunity with which these illegals are abusing their positions and defrauding the voiceless peoples of Fiji since the 2006 treasonous coup.

In the coming months Fijileaks will be revealing those caches of expenses bills. Here is just a sample of what is to come. Take the bills of Tom Ricketts, who had joined the post coup regime as interim Tourism Minister along with his FLP leader Mahendra Chaudhry. Today he is on various Boards, including as chairman of Telecom Fiji Ltd, to which he was appointed in August 2009.

He also currently serves as Board Member of Fiji National Provident Fund, Amalgamated Telecom Holdings and Home Finance Corporation Limited. During his time on the FNFP Board, the Board had bought 1,716,724 Class B shares in Yatu Lau Company Ltd. Ricketts at that time held 5,000 Class A shares in Yatu Lau. Was there a conflict of interest?

Meanwhile, the travel and hotel bill documents speak for themselves - in a very transparent way - of the use and abuse of the travel visa card; there are also allegations that he sometimes takes his wife Janet with him, and the expenses are paid by Telecom.

What about his bills from other Boards? Double or triple dippings?

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TFL policy - book hotel of choice and swipe through company visa card to pay all bills
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Editor: We have deleted the CVV2 (Card Verification Value)
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Home and Away: Taxpayers foot $67,000 hotel bills
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Plain Jane?
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Wakey, wakey! Waikiki Beach Walk Hotel
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Super sleep while many in Fiji are having sleepless nights
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A table for two, SIR?

Professor Yash Ghai (CBE) on Madraiwiwi consultancy
"Prime Minister Voreqe Bainimarama’s attack on Ratu Joni Madraiwiwi is unfair. He has criticised him and the commission for improper and deceitful conduct. These are serious charges. For the record, let me set the facts straight"

The Full Statement

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BY YASH GHAI
"Prime Minster Voreqe Bainimarama’s attack on Ratu Joni Madraiwiwi for the consultancy with the Constitution Commission is unfair. He has criticised him and the commission for improper and deceitful conduct. These are serious charges. For the record, let me set the facts straight.

A constitution covers a wide variety of issues, some of considerable complexity. Members of a small commission such as ours cannot be expected to have sufficient knowledge of all the issues on which they have to make decisions. The Decree wisely provides for the commission to seek the assistance of experts on specialised issues. The experts can be local or foreign—we have had both. We have benefited greatly from the experience and research of local experts, some of whom were deeply involved in the preparation of the People’s Charter, and some opposed to it. It is not our practice to make public announcements when we appoint a consultant (nor are we required to do so). But we certainly do not hide our experts. If we are asked, as was the case with Ratu Joni’s appointment, we have not withheld information.

We often invite government, military, academic and civic organisations to workshops which are organised around topics of the experts. We also try to organise a public event in the form of a seminar with our foreign experts, to educate and engage the people—with very considerable success. Members of the government departments, including the Prime Minister’s Office, have attended our internal workshops where Ratu Joni was present.

When we were considering which local experts could help the Commission, we all supported Ratu Joni’s participation. That is hardly surprising. He is well known locally and internationally, not only for his wide knowledge and experience of the law, but of social and political affairs, a deep understanding of traditional cultures, and for his wisdom. He is admired for his strong sense of fairness. None of the local commissioners, despite their other excellent qualifications, has practical or academic experience of law. Questions of local law crop up all the time as we decide on the content of the constitution. The lack of submissions from relevant government bodies has made expert guidance on law more necessary, a task that Ratu Joni fulfilled admirably.




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Ghai: No Conflict of Interest
When I first approached him for his assistance, he agreed readily, and indicated that he did not need a consultancy or a fee. It was under pressure from us that he accepted a consultancy, no different from other consultancies. He also made it clear that he was intending to make his own submission and asked us if this would create a conflict. The commission considered and concluded that there would be no conflict.

The contractual arrangements for the consultancy do not provide for an automatic payment for 30 days. This is the maximum period, but payments are made only for the days he worked for us. He neither claimed nor was paid for the day he came to the public hearing.

It is alleged that Ratu Joni's position with the Commission was untenable because he appeared before us as part of the delegation from the chiefly island of Bau which supported the concept of a Christian State. Fiji is a small society and people function in several capacities and contexts. Ratu Joni Madraiwiwi is not only a legal practitioner with some years' experience, but a Fijian who has served in the public service and the judiciary as well as on the boards of civil society organisations concerned with human rights.

He is also a traditional leader and it was in that role that he appeared before the Commission. Ratu Joni's views about Fiji as a secular, multicultural and tolerant society are a matter of public record, but he also respected what the people of Bau wanted. These contradictions are not uncommon in a country in transition and are part of the challenges the Commission faces in drafting a new Constitution.

Throughout our work with Ratu Joni, we have found him a person of great integrity, knowledge and wisdom."
 
Yash Ghai
4 November 2012


Editor: See self-appointed Prime Minister Frank Bainimarama's response to Professor Ghai's statement


The illegal Prime Minister Frank Bainimarama responds to Professor Yash Ghai
"This is neither here nor there as far as the Government is concerned. It also demonstrates that there is no transparency in the appointment of consultants by the Commission..."

The Fiji Government Statement

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Tinpot calling kettle black
The Fijian Government rejects the claim by the Chairman of the Constitutional Commission, Professor Yash Ghai, that the Prime Minister’s criticism of the appointment of Ratu Joni Madraiwiwi was “unfair."

In a statement, the Prime Minister repeated his insistence that Ratu Joni’s appointment as a consultant to the Commission was in breach of the decree that established its terms of reference.

“Professor Ghai knows that the decree stipulates that any staff or consultants engaged by the Commission must abide by its non-negotiable principles and be impartial. Those non-negotiable principles include a secular state, which Ratu Joni opposed when he lent his name to a submission calling for a Christian state”, the Prime Minister said.

The Prime Minister noted Professor Ghai’s statement that Ratu Joni was not paid his consultancy fee on the day he was party to the submission on a Christian state.

“This is neither here nor there as far as the Government is concerned. It also demonstrates that there is no transparency in the appointment of consultants by the Commission. The fact is that Ratu Joni was engaged as a consultant on October the 1st . He was party to a submission against one of the non-negotiable provisions on October 12th and continued as a consultant until the end of the month. This breached the terms of the decree and there is no other way to portray it," the Prime Minister said.


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Former Pupil and Master from Hong Kong days: "SURELY, no conflict of interest here?"

FIJILEAKS challenge to tinpot BAINIMARAMA
"Tell us about your own dark salary and those of Cabinet and all other side-kicks...consultants etc etc etc"

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Copy of Aiyaz Khaiyum's letter dated 4 September 2007 to the late President for approval of Bainimarama's salary and other perks and privileges accumulated from fruits of the treason tree - it has tripled in five years

Hidden payments: what is their service fees?

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Regime's paymistress - Khaiyum's aunty
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Regime's legal consultant
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Regime's Qorvis paid Fiji Sun columnist
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Regime's PR propagandist
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Fiji haven for rich picking under dictatorshp
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Regime's Prosecutor

Workers short changed: Bainimarama regime slashes Wages Council pay deal by 50 per cent

The Fiji Trades Union Congress and the Fiji Labour Party are crying foul on learning that the illegal regime has slashed Wages Council recommended pay increases by almost 50% in several categories, compared to the rates awarded in August under the chair of Father Kevin Barr. In August, the catholic priest had resigned in protest for workers because of the regime's decision to put a hold on the 10 new Wages Regulations Orders 2012 until October 31.He said another reason for his resignation was because the government was allowing employers to dominate the 10 Wages Regulations Orders without taking into consideration the plight of the workers.

Fijileaks, while condemning the illegal regime's decision, feels some of the blame must be borne by Barr, Mahendra Chaudhry, Daniel Urai and Felix Anthony for their initial support of the Bainimarama coup - the wages of sin, like treason, is death - it was only a matter of time when the workers were going to be cast in perpetual torment and misery for the coup sins of their spokesmen. Barr had welcomed the coup as "social justice coup", prompting the former US ambassador Larry Dinger to inform Washington that Barr's twist of logic was "breath-taking".

Their former allay in treason President Ratu Epeli Nailatikau attacked the unionists recently warning that Fiji needed “needed to guard against the work of some unionists who tend to use the union movement as a veil to achieving ulterior and self-serving motives".

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Coup buddies: the regime's money bag man marching hand-in-hand on the path to misery for workers of Fiji
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Coup verse: "And then many will fall away and betray one another and hate one another"
FTUC Statement
FLP Press Release

"Various op-ed pieces, ads and letters to the editor in recent days have demonstrated the very divergent views held by different NGOs in regard to the coup. The Fiji Women's Rights Movement, the most outspoken anti-coup organization to date, printed a two page pull-out in the Fiji Times 12/16, "YES to Democracy, NO to Coups," in which it addressed and dismissed each of the RFMF statements used to justify its actions."

"Some NGOs, on the other hand, appear to have bought into the military's arguments. Three social justice advocates [Barr, Paulo Baleinakorodawa and Semiti Qalowasa] from the Ecumenical Center for Research, Education and Advocacy (ECREA) published a long op-ed in the 12/19 Fiji Times blaming the coup on Qarase, and insisting the Commodore "didn't want it to turn out the way it did." The authors blame western countries for having a "narrow view" of democracy and argue that conformance to the rule of law should not be the only criteria by which the military's actions are judged. While acknowledging that some human rights violations may have taken place since the coup, the authors argue that the coup "is a time of great opportunity" to build "a nation where there is justice, compassion and inclusiveness."

"Similarly, the 12/19 Fiji Times printed a letter from Rev. Akuila Yabaki, head of the well-known NGO Citizen's Constitutional Forum (CCF), in which he insists the military's motives are laudable. Yabaki agrees that Fiji needs to rid itself of "the coup culture" but believes that there is a "deeper malaise" that needs to be fixed first, that of "racist policies that do not serve the poor, but only serve as tools of manipulation" by the racist elites. Yabaki clearly implies that the military can be the instrument to move Fiji closer to the goal of an equitable, inclusive society. While Yabaki leads an organization that ostensibly aims to defend the Constitution, the Constitution was not mentioned in his letter."

"The Qarase [government] was not popular with many liberal minded people in Fiji, who tended to cheer on Bainimarama from the sidelines as he lobbied insults and challenges at the government and its policies. Few, if any, of these would have supported a coup at the time, and were comforted by the Commander's oft-repeated mantra that he would never execute one. With the coup having taken place and the military doing its best to curry favor with a bewildered population by playing to populist anti-corruption and anti-bureaucracy sentiments, some of these groups and individuals are finding it hard to declare their allegiance to democratic principles over their ingrained dislike of the former government. For organizations like CCF and ECREA, the twists in logic are breathtaking."
US Ambassador LARRY DINGER


Picture of the Week: GO to the Dogs, Fiji, GO!

FRANKLY Poverty in midst of Plenty
FRANKLY Poverty in midst of Plenty


TINPOT BAINIMARAMA CALLING KETTLE BLACK:
"Madraiwiwi was pocketting consultancy fees since October in breach of non-negotiable principles"
Constitution Review Commission must publish names and salaries of all its staff and consultants

Its the classic case of pot calling the kettle black.

The self-appointed Prime Minister and treasonist Frank Bainimarama, whose own salary, benefits, kick-backs and entitlements is under wraps, has lashed out at the Constitution Review Commission (CRC) after "discovering" that former Vice-President Ratu Joni Madraiwiwi has been pocketting consultancy fees since October as CRC consultant.

Since Madraiwiwi was  part of a delegation that made a submission to the CRC, Bainimarama said the Commission is in breach of provisions in the constitution decree that stipulate that its staff and consultants must observe the non-negotiable principles and be politically neutral.

He is however silent on how and who chose the CRC chair Yash Ghai and other members to draft a new Constitution.

CRC Decree 2012
Bainimarama said Madraiwiwi was party to a submission by the Bauan delegation calling for the declaration of a Christian state in Fiji and, therefore, breached the non-negotiable principles of political neutrality.

“One of these principles is a secular state in line with democracies like the United States, Australia and New Zealand,” Bainimarama said.

“Ratu Joni was party to a submission by a delegation calling for the declaration of a Christian state in Fiji.

“It now transpires that he did this while being a paid consultant to the Commission, which makes his position untenable.”

He also said Madraiwiwi was a paid consultant to CRC from the beginning of October yet that had only become public knowledge last week.

"His contract, which has been shown to me for the first time, says he started work with the Commission on October the first

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Double dealer
and it expired yesterday [31 October]. I’m extremely disappointed to discover this and to find that he was being paid a daily rate as a consultant when he filed in with the delegation to argue against fundamental principles on October the 12th, as reported in the media.”

While questioning the impartiality of the CRC, Baininimarama now wants a new decree gazetted to force the CRC to publish the names and salaries of all its staff and consultants.

He has instructed the Government to alter the terms of the decree covering the Commission’s activities.

“Today’s Government Gazette promulgates a change to the decree requiring the Commission to publish the names and salaries of all its staff and consultants. While we appreciate the Commission’s work to produce a Constitution for all Fijians, it needs to have transparency and the history of Ratu Joni’s appointment shows that this has not been the case.

Frank's ghost back pay invoice



Editor: So, if Bainimarama doesnt like the CRC Report will he bring in a new decree to alter it? Under which decree did he see the CRC's contract with Madraiwiwi?

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Click to read Victor Lal: Bainimarama pay out: the biggest rip-off ; his backpay proof is on Fijileaks banner
“Accepting a paid consultancy and then arguing against the non-negotiable principles was a clear conflict of interest on Ratu Joni’s part as a consultant It also leaves open the perception, at the very least, that the Commission has compromised its impartiality.”

PSC Circular: Beefed up security checks in Fiji hotels
International conference attendees and tourists at mercy of lurking violent criminals

Fiji's Ministry of Defence, National Security, and  Immigration has sent out a circular to all permanent secretaries that it must be notified of all future international conferences or seminars, regardless of whether they've been organized with donor money or privately, so it can 'conduct a security survey in advance'. It also reminds the ministries of the violent attack by four locals on a New Zealand tourist at Raffles Gateway, one of the hotels that hosts conferences.
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Criminals hunting ground: Tanoa International, Grand West Villas and Trams-International popular with conference attendees and tourists

Petition to President: Caretaker administration should run Fiji until new election and constitution

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Petitioners: Lalabalavu, Kepa, Makutu, Urai, Chaudhry, Naivalu, Beddoes, Attar Singh and Raman Pratap Singh
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Puppet Figurehead

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President Epeli
The country's trade unions, political parties and paramount chiefs have petitioned the regime appointed President Ratu Epeli Nailatikau for a caretaker government until new election and constitution.

Read Petition
Editor: FTUC has its name on the petition but President Daniel Urai did not sign the document. He says Congress had earlier agreed to sign, but when it heard FLP leader Mahendra Chaudhry was involved in the petition, they changed their mind.

Larry Dinger, before 2006 election: "When we reiterated USG views of the importance of the rule of law and civilian control, Bainimarama ...suggested electoral postponement [and] that an interim government could be installed, pending proper preparation of elections..."

"We, respectfully, propose that Your Excellency give serious consideration to act on the advice rendered in the Fiji Court of Appeal decision to appoint a caretaker Prime Minister – a distinguished person, independent of the political parties and the regime and one in whom our people can repose confidence - to advice dissolution of Parliament and direct the issuance of writs for an election under Section 60 of the Fiji Constitution...”

Qarase-Bainimarama FCA Judgment 2009

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Hecklers sprout up in Brussels against Khaiyum-Bainimarama oppressive regime

Read here
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Dr Ibn Chambas - Secretary General ACP Group, Mr Pascal Lamy - Director General of the World Trade Organisation and Aiyaz Sayed-Khaiyum.
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Laughing into our face: Khaiyum lording over in Brussels meeting
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Protestors heckle Khaiyum in Brussels
Protest Letter

Constitutional finger-slip appointment:
Ratu Joni hired as consultant to Constitution Review Commission for writing "visionary papers" on Fiji

In a bizarre twist the former Vice-President Ratu Joni Madraiwiwi, largely seen by many pro-democracy activists as having acted as  mid-wife in the birth of dictatorship in Fiji, has been hired as a consultant to the Constitution Review Commission. As revealed by Fijileaks lately, a group of army officers had alleged that Madraiwiwi and Graham Leung had met Frank Bainimarama three times before the coup over grog sessions where the future dictator had spelled out his treasonous reasons for the removal of the democratically elected SDL-FLP government of Prime Minister Laisenia Qarase. 
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With Yash Ghai in July and with Ratu Epenisa Cakobau at recent submission gathering
Commission executive secretary Keshwa Reddy said Ratu Joni was hired for short-term consultancy work. He had presented a submission to the constitution commission for the Kubuna Confederacy covering issues from indigenous rights to the declaration of Fiji as a Christian nation. Reddy said although Ratu Joni had already made a submission to the commission, as a consultant, his views would still be analysed. Reddy said Ratu Joni was hired as a consultant not only because of his esteemed legal prowess, but also because as a high chief in his own right, he provided valuable insight into iTaukei affairs. Reddy said Ratu Joni contributed a lot to the constitution in terms of writing papers and the commission felt it was only right to compensate him for his time.


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Professor Adrian Mayer's Diary: Forty Years On - Continuity and Change in Indo-Fijian Rural Society

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Click here to read

"We have won" delusional chant belies reality in Fiji" - Read Rabuka's full speech
to the University of Canterbury in New Zealand

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Sitiveni Rabuka: Surveying "we have won" theme from Greece to Fiji in his NZ speech
Click to read full speech

"Enter the military, albeit initially only a small detachment, immediately supported by the rest. I was then third-ranking in the army and part of my plan was the employment of my two superior officers in civilian positions. Only one of them accepted and became a Diplomat and now our Nation’s President..."

"There have been many versions about the cause of the ‘falling out’ between Qarase and Bainimarama, but relationships had soured so much that Qarase must be blamed for treating his own Commander at arms length thus endangering the people’s government of Fiji in the face of worsening relations with the people’s military forces. Bainimarama told the people ‘we have won’ and gotten rid of Qarase’s bad government."

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Put into tight corner
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Blameworthy

The Fourth Estate Silent: Former regime media enforcer Satendra Nandan keeps fearful journalists
away from making submissions to Constitution making process in Fiji

Fijileaks was surprised to notice that hardly any journalists, news organizations or journalism institutions made submissions to the Constitution Review Commission on the media decree or other issues. Many journalists told Fijileaks that they were  too scared to make submissions because of the presence of Satendra Nandan, a CRC member, who briefly enforced the draconian media decree as regime appointed chairman of the Media Development Authority
Fiji Media Decree 2010
We do not know if CRC chair Yash Ghai sought journalists' role in the constitution making process, similar to that in Nepal, where the Nepalese Prime Minister Girija Prasad Koirala had asked journalists to play constructive role in drafting and endorsing the new constitution in Nepal. Its also likely that the pro-regime journalists fear what will happen to them when Frank is gone and the anti-regime ones fear what Frank will do to them if they speak out.
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A wolf in constitutional dhoti?: Satendra Nandan (left) with Yash Ghai - is Nandan observing or spying on behalf of illegal regime on journalists?
Read Russell Hunter on Fiji Media
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Fiji Times turned upside down from wrath of media decree

Trouble brewing for Chief Warwar of Malampma in Fiji as
submissions back Great Council of Chiefs

Click here to read fully story
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Chief Warwar Frank Bainimarama welcomed by his subjects: exile beckons in Vanuatu to drink home-brew to pass time
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Bainimarama siblings already intoxicated on ill-gotten gains of their father in Fiji
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Sure footed: Ro Kepa defends Fijian culture and tradition against Chief Warwar

By VICTOR LAL
Special guest contributor

Bainimarama-Madraiwiwi-Leung nexus: Troika met in secret around grog bowl as Fiji waited for coup

Click for fully story

Coupist to constitutionalist : Sitiveni Rabuka shares his vision of post-coup Fiji before the Constitution Review Commission

The Rabuka Submission

SDL’s submission to the Constitution Review Commission

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SDL Submission and Annexes

Bent but not broken
Rajendra Chaudhry speaks out before the Constitution Review Commission

Read full Submission

The casino presentation Larry Claunch rolled out to Bainimarama for endorsement

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The Casino Plan

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10 October 1970: Victor Lal charts Fiji's journey to nationhood

Click to read

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De-wigged and now shut out of law office
Justice Madigan judgment

Croaking acting Chief Registrar brings the shutters down early on Chaudhry law firm

Fijileaks understands that a Caucasian male who  accompanied the acting Chief Registrar said he was head of the LPU and tried to lecture Rajendra Chauhdry: "If you could not see the conflict then you should be in another profession like selling real estate."  See full story
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Law of the jungle: Gordon & Chaudhry law office closed

Manual for Taming
Omnipotent Fiji military

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Top secret
The role and size of the military  dominated the submissions tendered before the Constitutional Review Commission.

For the benefit of our readers, we are uploading the secret Defence White Paper of 2004 .

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Marching out of control in Fiji
Defence White Paper

Endangering safety to
boost profit

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The same old cost-cutting design
As the illegal regime unveiled the long awaited new Fijian design aircraft for Fiji Airways it has emerged that Air Pacific is reportedly making profit now because Civil Aviation Authority of Fiji has stopped maintenance work on the ground and therefore saving on costs. Airline sources are warning that disaster is in the waiting which could spell the death knell for Fiji tourism


Reddy v Reddy
Bitter family trust deed dispute lands at door of Constitution Review Commission

Full Submission
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Y P Reddy stands accused of illegal transfer of shares
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Jai Ram Reddy caught in the middle
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Yash Ghai asked to pencil in submission- regime accused of protecting YP Reddy
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By Russell Hunter
Special guest contributor

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Former editor and publisher Fiji Sun

Frank's boat is sinking but he will paddle to Ride Out the Waves

Click to read here
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"Dictators ride to and fro upon tigers which they dare not dismount."

All bets are off

The illegal prime minister will receive a report in the next few days and he won't like it. For it will tell him his much-trumpeted casino - which was supposed to have commenced construction in August - is not going to happen.

It seems the native American partner (Larry Claunch) has not been able to raise the funds he promised. Calls to a Nadi number given by him were answered by an Indo-Fijian man who had never heard of Mr Claunch or his casino. 

And calls to the number he gave for One Hundred Sands Ltd, the casino operator he claims to represent are answered by a recorded message that says the number is not in use. Attempts to contact Mr Claunch have been unsuccessful. For earlier story see Victor Lal's "Khaiyum-Bainimarama rolled out false casino dice"
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One Hundred Sands Ltd began as purveyor of agricultural produce and ‘deer farmers’ with no experience as multi-million dollar casino operator. The regime’s illegal pay mistress Nur Bano Ali (Khaiyum's aunty above) and her husband in charge of company’s business accounts

Rajendra Chaudhry de-wigged for five years - guilty of professional misconduct

Read sentence judgment

Health up the creek

Fiji had a more relaxed week because the illegal A-G Aiyaz Sayed Khaiyum had been in Suva Private Hospital for 6 days. He has got some serious kidney problem and nearly made "peace with his heavenly maker". Fiji television viewers said he looked "sick as a dog".
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Pulled down by acute kidney problems
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He has no faith in his own Government-run hospitals

By Victor Lal
Special guest contributor

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Board of Inquiry Report on beatings of George Speight and other Nukulau bound state prisoners on board navy ship Kiro

Part One: Terms of Reference
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The Kiro- Torture ship
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George Speight on way to Naboro from his captivity on Nukulau Island
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George Speight's military adviser Ilisoni Ligairi with a bandaged head from the beatings

Sharon Smith-Johns and Graham Davis dismiss e-mail on SDL submission
as canard from regime opponents

An e-mail that we received purporting to be an exchange between Sharon-Smith Johns and Graham Davis dated August 15, 2012 has been dismissed by both as counterfeit. Responding to our invitation for comments, the two told us, separately:

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Sharon Smith-Johns: "I don't drink Shiraz"

“What a load of rubbish. Of course the email is counterfeit. Honestly these people must be desperate to make up this rubbish. And for the record I don't ever drink Shiraz. It's a good laugh though, so thanks.”

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There can be no bargain without wine - both say no Shiraz exchanged

“This is a counterfeit email, a total fabrication. No such exchange ever took place. It shows just how desperate the Government's opponents have become. I am very disappointed that anyone in Fiji would stoop to this level. You only have to give it a cursory glance to know that it is not me at all. It is crude and ridiculous.”

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Crude, ridiculous and counterfeit - the email

The alleged e-mail between Sharon Smith-Johns and Graham Davis:

From: sharonsjohns@gmail.com
Date: August 15, 2012 5:38:00 PM GMT+12:00 To: Graham Davis
Subject: SDL submission

Graham,
Here is the link I promised you.
http://www.youtube.com/watch?v=TE6uMZi56OE&feature=plcp The speaker clearly says this is the SDL submission so you can really lay into them. He also comes across as a fuckwit and his partner looks like a shoe shine boy. I showed it to the PM and I have not seen him laugh so much in ages. He believes this will really kill all credibility of the SDL and they are now dead. I spoke to your colleagues at Qorvis and we believe we have got the right level of commentators on Grubsheet, we have pretty much shut down the dissenters, but let me know if you feel we need to get more debate going. Let’s meet up next week when you are over so we can have a few wines, that Shiraz you gave me last time was to die for.
Sharon
Sharon Smith Johns
Permanent Secretary
Ministry of Information, National Archives & Library Services of Fiji
Ph (+679) 3301806 | Mob (+679) 9905558 | Fax (+679) 3305139 | Web: www.fiji.gov.fj | GPO Box 2225, Government Buildings Suva, Fiji Island


Prisoner brutality row: Beddoes tells regime spokeswoman Sharon Smith-Johns to stop attacking Shamima Ali

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Beddoes springs to defence: Sharon out of touch with reality
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SS-Johns: "Shamima is out of touch with reality"
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Lethal force-army beats up escapees
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Shamina "Army has no right to arrest and beat up escapees"
Read UPP Statement

Ratu Ului wants Military Council to oust satanic verse bandmaster Khaiyum to save agony of Fiji

Read full statement

Fiji First Party's vision
of new Fiji

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Read Submission

Radio journalists reported to media watchdog for alleged subterfuge interview tactics

Download Complaint letter
Fiji Media Decree 2010
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Dr Marc Edge- Victim of alleged dirty tricks
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Vijay Narayan stands accused with fellow journalist Dhanjav Deo
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Media Tribunal deputy chair Matai Akauola must recuse for alleged past hostility says Edge
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Complaint letter with Tribunal chair Professor Subramani

Newsflash: Free Man

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Estonian national Risto Harmat walks free from Khaiyum's fishy  leaky  net - it was just a fishing trip with Ratu Ului Mara  that day!

Full Court judgment
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Fishing buddies
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Tongan freedom ship


Justice John Connors “fired” by Khaiyum for refusing to destroy livelihood of lawyer Cevalawa

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In December 2011 the Independent Legal Services Commission (ILSC) publicly reprimanded lawyer Siteri Adidreu Cevalawa and fined her $1000 for failing to lodge her application for renewal of her practising certificate. But Justice William Marshall claims that Connors was fired for not being harshly punitive to appease Khaiyum.


Click here to read more

Judge unfolds blind for world to gaze into Khaiyum's corrupt justice legal system

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"You must dismiss the Attorney-General or pass the reins of power to someone else" - Justice William Marshall to Commodore Frank Bainimarama
Download Final Petition
Download Affidavit