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REPEAT PERFORMANCE: FTUC accuses Government of misleading UN

20/3/2015

12 Comments

 

"The provision to change the Constitution was the brainchild of the very people who run Government now. The AG is in a position to ensure that Parliament approves a referendum but will not do so. Instead he uses the excuse that the Constitution will not allow a referendum. He conveniently forgot to tell the UN that it was his regime that imposed such harsh conditions that it is almost impossible to change the Constitution without his concurrence. All for the sake of protecting those responsible for the coups and the atrocities that followed over many years and many of it criminal in nature. These atrocities include denial of basic human rights guaranteed under the UN Charter."

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FTUC PRESS RELEASE NO: 72-03/15

Fiji Misleads UN Yet Again

During the last Hearing of the United Nations Human Rights Council, one recommendation was that Fiji establishes a Constitutional Commission to conduct a comprehensive review of the 2013 Constitution and carry out a national consultation to ensure that the Constitution is reflective of the will of the people. The Attorney General responded and advised the Council that the Constitution that came into force on 7th September 2013 “is the expression of the will of the people” and therefore any amendment of the Constitution would only be conducted through the process stipulated under the Constitution whereby Parliamentary approval must be sought for a referendum.

The FTUC disputes this assertion as thoroughly misleading and borders on a lie. The expression of the will of the people was captured by the Yash Ghai draft after more than 7000 submissions by people and organizations from around the country. This Government thrashed that draft Constitution and imposed the current Constitution on the people of Fiji. This fact is on record and no amount of government propaganda will change this. The FTUC calls on Government to demonstrate sincerity and honesty and not mislead the international community as this only brings disrepute to Fiji. This has become common knowledge and a serious problem which is also recognized at the ILO.

The provision to change the Constitution was the brainchild of the very people who run Government now. The AG is in a position to ensure that Parliament approves a referendum but will not do so. Instead he uses the excuse that the Constitution will not allow a referendum. He conveniently forgot to tell the UN that it was his regime that imposed such harsh conditions that it is almost impossible to change the Constitution without his concurrence. All for the sake of protecting those responsible for the coups and the atrocities that followed over many years and many of it criminal in nature. These atrocities include denial of basic human rights guaranteed under the UN Charter.

It is time that this Government is put under scrutiny whenever they make any pronouncements abroad. The FTUC also calls upon the media to be vigilant and seriously carry out its responsibility to ensure accountability and take to task anyone or Government and not just critics of Government. Sadly we do not see that today and partly so because we continue to live in a dictatorship and restrictions remain, despite elections and so called democracy.

The FTUC calls upon the AG and his Government to call a referendum on the Constitution. If the AG truly believes that the Constitution is an “expression of the will of the people”, he should have no hesitation in conducting a referendum.

Similarly, the AG has advised the UN that Government MOU on the future of labour relations reflects the intentions of the social partners. He again conveniently forgot to tell the UN that the social partners disagree and its MOU does not address the real issues in regards to the denial of workers’ rights and the continued effect of the decrees he imposed that violate International Conventions.

Felix Anthony
National Secretary


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'The UN High Commissioner for Human Rights has demonstrated his naivety when commenting on Fiji as an example to the world. Clearly this “High Commissioner” is not aware about Fiji other than what he has heard from the Prime Minister. He has not researched what the people of Fiji have gone through over the past few years since this Prime Minister carried out a military coup.':

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The UN High Commissioner for Human Rights has demonstrated his naivety when commenting on Fiji as an example to the world. Clearly this “High Commissioner” is not aware about Fiji other than what he has heard from the Prime Minister. He has not researched what the people of Fiji have gone through over the past few years since this Prime Minister carried out a military coup. We would appreciate if the High Commissioner sought information on Fiji’s record at the sister UN organization, the ILO, he may have received some very crucial and correct information . The ITUC and FTUC are disapppointed at the comments that have been uttered by the UN High Office based on what the PM of Fiji has solely informed him on - FTUC Statement
AG says to UN Human Rights Council that some comments made by NGOs are based on hearsay

Friday, 20/03/2015; Source: Fijivillage News


The United Nations Human Rights Council has adopted the outcome of the Universal Periodic Review of Fiji after presentations by Attorney General Aiyaz Sayed-Khaiyum in Geneva.
 

Sayed-Khaiyum thanked the states for their recommendations and their acknowledgment of progress made. 

However he said it was unfortunate that some of the comments made by non‑governmental organizations were based on hearsay by third‑party sources and not facts, which would be more constructive.  

Regarding the Essential National Industries Decree, he noted that stakeholders had been consulted during a meeting of employer and employee representatives who would be directly affected by the decree. 

According to the press statement by the council, there was consensus that the law had to be improved and that would be done following legislative procedures. 

On the issues pertaining to the freedom of expression, Sayed-Khaiyum confirms that if any law is contrary to the constitution, the constitution would prevail.   

Out of 138 recommendations received, 112 enjoyed the support of Fiji and 26 were noted.

Sayed-Khaiyum reiterated Fiji’s commitment to advancing and protecting the fundamental principles and values of universal human rights.

He said the constitution of Fiji enshrined fundamental principles and values such as common and equal citizenry, a secular state and good governance.

Sayed-Khaiyum said for the first time a comprehensive and very progressive Bill of Rights has been created which allows for the realization of socio‑economic rights as well as civil and political rights.

He said it has also established a Human Rights and Anti‑Discrimination Commission for the promotion, protection, observance of and respect for human rights guaranteed under the constitution.

China welcomed Fiji’s commitment to international cooperation in the field of human rights and the large number of recommendations it had accepted.

India welcomed Fiji’s commitment to the Universal Periodic Review process, and noted with appreciation that the new constitution of Fiji contained dispositions on all human rights and on the elimination of ethnic voting

Indonesia and Kuwait commended Fiji for holding successful elections in 2014 and hoped that the democratization process would further strengthen its constitutional reforms and promote long‑term stability.

New Zealand welcomed the removal of the death penalty from the military penal code.

Sierra Leone noted with satisfaction the acceptance by Fiji of the great number of the recommendations.

Sierra Leone particularly welcomed the efforts to protect women and girls from violence.

The council report says minority Rights Group expressed concern that the Human Rights and Anti‑Discrimination Commission suffered from a lack of adequate resources and called on Fiji to take immediate action to restore its functionality. 

Human Rights Watch expressed concern that Fiji did not accept the recommendation to remove the Media Decree. 

It also called on Fiji to facilitate a visit by the Special Rapporteur on Torture.

12 Comments
Dekho
20/3/2015 01:46:47 am

The 2013 Constitution is a fraud perpetrated on the people of Fiji by the military dictatorship of Bainimarama and Khaiyum. The claim that the constitution is the expression of the will of " We, the people of Fiji ... " is false. It is a lie. The constitution has been put in place by the military dictatorship to safeguard and protect the coup makers and their cronies.

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Facts Aplenty
20/3/2015 02:57:02 am

The terms 'scandalous' and 'atrocity' are specific and strong. They undoubtedly apply to those victims of acts which have received no attention whatsoever from authorities tasked with investigating them, paid by public money. Does being bound head to toe with masking tape with only two holes for nostrils, no aperture for mouth, driven away in darkness for eight full hours in your own SUV fill the nomenclature sufficiently? By persons yet unknown and uncharged as yet? Get real - there are more situations dating from 2009 staring these smug, conniving perpetrators who know full well what they have done and why. Let the Special Rapporteurs come in legions. Let the survivors of Chile and Sierra Leone come to our support. We WILL and SHALL have justice and Prof Ghai is fully aware of our views. Six years since FICAC set up shop and we met them in May 2009. Nought has changed but the timbre and tone and the yen for immunity.

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Simply...
20/3/2015 03:02:35 am

No-one can mislead anyone unless anyone wants to be misled. Simple.

The UN, the usual nonsense, the toothless tiger that we all tend to bestow false hopes on.

The UN High Commissioner for Human Rights is also the prince in waiting to be the monarch of Iraq, Iran and Jordon - (Wikileaks) after UN has fixed the Isis problems, there. He also probably needs the RFMF support to do that.

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WellDone FTUC!
20/3/2015 03:15:05 am

Well Done FTUC!

Without doubt FTUC has copied their press release to the ILO and as well as the UN Human Rights Council in Geneva.

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Dekho
20/3/2015 01:46:16 pm

Professor Sudesh Mishra says he can understand the reason for the Government's vexation with Dr Brij Lal. It's because he was talking at them through the foreign media. Acha right. What about all the foreign media wallahs - the Qorvis gang - engaged full time by the government which was a full fledged dictatorship when the no entry ban was imposed on prof Lal?
Fiji will never be a " vibrant democracy" . The coup culture has destroyed that for good. People in Fiji will have to learn to live with a pretence of " true" democracy and keep an eye out for military men in civilian in their midst.

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Fiji First Party.
20/3/2015 01:54:24 pm

Khaiyum should cut to the chase and inform the HR Council just which law empowered him to -firstly and fore-mostly- to abrogate the 1997 Constitution??

Because -as Sayed-Khaiyum, himself , "confirms that if any law is contrary to the constitution, the constitution would prevail"

The 1997 Constitution has no provisions which which recommends its abrogation or in any form or manner empowers any man or his monkey to amend or abrogate the Peoples' 1997 Constitution.

The 1997 Constitution Lives. The question whether or not the imposed and pretender 2013 Constitution enjoys the 'will' of the people is as such moot.

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Yep
20/3/2015 02:14:28 pm

You too right. In a television interview following his proclamations after his coup Rabuka was asked by some journalist on what authority he was empowered to do what he was doing? He said he had just given himself the authority!, Aiyaz Khaiyum has done the same. Given himself the authority without any legal foundation.

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Roko
20/3/2015 03:05:30 pm

God gave Rabuka the authority for his coup in 1987. Rabuka told us back then that he was weeding his cassava patch at the back of QEB when God appeared to him and gave him instructions. It was 'Divine Intervention' he said. And many people believed him.

There is a difference
20/3/2015 09:33:13 pm

For Rabuka's action, he had to declare Fiji "Republic" and expelleing the Governor General.

Our beloved Queen whose flag is under debate DUMPED us as she did not appeal that decision and defend her own kingdom.

That legalised Rabuka's republic. But same cannot be said about Khaiyum's Corrupt constitution.

Applause!
21/3/2015 10:28:49 am

The 2015 Fiji Government – by a Party with a stolen name -with a draconian media decree, draconian labour laws - a constitution lacking legitimacy and an election which was seemingly rigged.

And the UNHRC nods its head.

Applause! Applause to the UNHRC, Geneva!

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Jack
20/3/2015 03:18:22 pm

Felix Anthony is as corrupt as any in the current government. Get real people.

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No Comparison
21/3/2015 02:47:13 pm

Indeed you know of that. Felix and his team had put in anomous number of hours of work to bring an end to Natadola Project to SAVE FNPF millions in losses.

And after they were dumped once mission completed, you see same Bai and Khaiyum have not been able to show that competency in completing the other project having lost opportunity cost from millions paid out to the partial development and left to rot awaiting someone else will come and bail them out.

While Felix was accumulating hours to pay doing Natadola Project, Bai's accumulation of $184k came from leave back pay that never even existed as a carried forward in his Commander's new contract.

Then Bai and Kai both frogleaped their own pay cheque.

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