Croz Walsh's Blog -- Fiji: The Way it Was, Is and Can Be

Of Rumours and the Impossibility of Appearing Fair-Minded

noreply@blogger.com (Crosbie Walsh) — Wed, 19 Jun 2013 11:32:00 +0000

Col. Saumatua

This blog has always tried to be fair-minded by generally but not always publishing the argument of both sides on major issues, by checking on stories before publishing them and by acknowledging sources where this is possible. This does not mean, however, that it is always neutral. From its inception the blog has given more prominence to the Fiji Government position because up until 2009 the Fiji media published far more opposition opinions, a practice continued by the international media. Since 2009, however, Government has placed restrictions on the local media that were especially heavy under the Public Emergency Regulations. Overt restrictions are fewer today but there can be little doubt that self-censorship by the media has resulted in many items of news and many opinions not being available to the Fiji public.

Opposing perspectives
Today's situation can be looked at from two perspectives. One perspective is that the lack of access to a free media is an infringement of a basic human right. It deprives the public of information, without which they cannot fully participate in the the current political scene. This is particularly annoying to Fiji's urban, educated public. Another perspective is that those speaking in opposition to Government have almost always been totally negative, often highly personal, and sometimes have said things that are quite untrue. The accusation that Government intends to deprive iTaukei of their land is a case in point.

My personal view is that Government, from a long time back, should have set up one or more citizen advisory groups to advise Cabinet, or at least informally consulted informed and influential citizens on a regular basis. Had they done this, I think that many who now oppose Government would have continued to support it.    For a while, the Ghai Commission performed something of this role but its 'transition' proposals for the period leading to elections and the oversight of parliament by an unelected forum were clearly unacceptable to the Bainimarama Government.   Moderate people must know, from almost weekly examples, that the barrage of criticism and accusations levelled at Government simply makes it dig its feet in harder, and make it even less willing to listen to the views of others.

Unfortunately, almost all the groups that could once have influenced Government are now unable to do so. They have been tarred with the same brush as the extreme opposition. It has not helped either, that both Bainimarama and Sayed-Khaiyum take things far too personally, and seem unprepared to compromise. The very sensible suggestion that it should be possible to amend the future constitution in more ways than a national referendum is a case in point, The impression created is it's "Their way or no way" which is not the impression any government of the people should project.

However, it's all very well to say that this should not be. I agree. But this is how it is.

If the same people wish to influence Government, they need to rethink their strategies because they are not working. Which brings us to the most important issue: What is Fiji's future and where should the moderate, educated, fair-minded public stand now that the choice seems to be between support for Government or support for the coalition of opposition parties?

The ultimate choice
Ultimately it boils down to a mix of trust, faith and, hopefully, not too much self interest.

If they support Government, there is a possibility that the democracy after 2014 may also include a military presence. If they cannot stand Sayed-Khaiyum, he'll probably be there in some capacity.

If they support the "coalition", they should know that it is a coalition of convenience, not a coalition of principle, and is therefore likely to fragment as soon as the more powerful partner decides it has served its purpose. The most powerful partner is SODELPA, the old SDL in a new guise. And if there is any doubt about what it intends if returned to government, one only needs to look at its submissons to the Ghai Commission and the Government's draft constitution: a return to divisive communal politics; covert racism, enhanced influence by the Great Council of Chiefs with a decisive influence in Senate, and even an outside chance that Fiji may become a Christian State. No serious attempt will be made to make all citizens feel equally Fijian, and few ordinary iTaukei will benefit from land rents, scholarships, jobs, or even rural development. The same chiefly-urban elite will be back with the same policies and prejudices.

This is why this blog has moved towards more support for Government. It has, and will, criticize Government from time to time but always in a helpful, positive fashion.

But, given a choice between the risks involved, I think ordinary Fijians will be better off living with the "risks" of a Government-led government than with the "risks" of the old SDL.

I wish there were other choices, but I can't see any.

-- Croz Walsh
                                          ---

An email exchange
I wrote the above in response to an email from a long-term reader. The emails exchange speaks for itself:

Hi Croz,    Both of today's papers tell readers that Colonel Saumatua resigned "for personal reasons" from his portfolio of Minister for Housing, Environment, Local Government and Urban Development. But that is not really what happened. What did is that, when the AG dismissed the special administrators of first Rakiraki and then Sigatoka(?) over the past week, the good colonel was never apprised of the matter - all news to him. So he dared to ask the AG what was happening. Result? also dismissed. Another result is that the AG adds another minister's salary to his paypacket - for a while, at least.

To which I replied:

Many thank X. I'll look into it as best I can.   Have decided to make less posts from now on. Not yet sure of my timetable, but probably one analytical post a week, and   the more important news items.   Best wishes, Croz

To which X replied:

Croz, Thanks for your note. However, is it possible you are a little disillusioned about the state of affairs in Fiji? If so, then join the club ... The next 12+ months should be interesting in Fiji; I'm thinking that many people would like access to an impartial, objective and insightful 'opposite' read on Fiji during that time - in contrast to what Qorvis serves up in the 'Sun' and where its publishers and none other dares to present insightful, impartial and objective discussion.
Where is the Croz of five or so years ago? X

My enquiries in Fiji produced:

Hi Croz, The Minister gave an interview today saying he was not in great health (he had heart surgery last year) and he needed some time off, he also stated his ongoing support for government, the rest is all speculation and rumours.

My first reader X believes one story; my second reader another. Both cannot be true, Other readers would do well to note that almost every change in Government has resulted in rumours of the Attorney-General, and not the PM, running Government and taking largess. These accusations have always been denied by Government and often, as in Col. Saumatua's case, by the person most affected.    Before you make up your mind, read the press releases below.

“My resignation was for personal reasons”
June 19, 2013 | Filed under: Fiji News | Posted by: newsroom

The former Minister for Local Government, Urban Development, Housing and Environment, Colonel Samuela Saumatua revealed this to the Fiji Sun at his residence in Lami yesterday.
He said he had tendered his resignation last Friday to the Prime Minister’s Office.
The pressure at work was mounting and he admitted that because of the status of his health he had not been performing well.
“Remember that I don’t do things half way as this to me is not being faithful to my work and especially to the people I serve,” he said.
When asked if the sacking of the Nadi Town Council special administrator had anything to do with his resignation, the former Minister said that the decision was made and for him it was now history.

On his future plans
Asked about Politics, he said: “It’s too early to make any predictions about my political future but at the moment I have no plans to be involved in politics.”
A relaxed Colonel Saumatua said first and foremost he would undertake a de-stress programme to get his health back to 100 per cent.
“I’ll have a good rest for one month to get my health back to normal,” Colonel Saumatua said.
“But there is a military quote that says: ‘Soldiers die with their boots on.’”
Colonel Saumatua said his resignation did not mean he would just stay at home.

Support for Government intact
Colonel Saumatua also reaffirmed his support for the Government.
For him, he said he never ever dreamed he would become a Government Minister but had responded positively to the call by the Prime Minister to join his Cabinet.
He said he had carried out his ministerial responsibilities to the best of his ability and hoped his successor would continue from where he had left.
Colonel Saumatua said on his directive, a team in the Northern Division had worked on the Northern Corridor Master Plan
This master plan, will improve urban development and management growth with the Northern Division especially from Labasa, right up to Nabouwalu, including Savusavu Town.
A similar plan is also being developed by the Department of Town and Country Planning in the Western Division called the Western Corridor Master Plan.

MEDIA RELEASE: NEW SPECIAL ADMINISTRATORS FOR NADI AND SIGATOKA
The special administrator for Sigatoka and Nadi, Aisea Tuidraki, and the CEO of the Nadi Town Council, Nemia Tagi, have been terminated.

In Nadi, Praveen Bala, the Special Administrator of Lautoka, will assume the responsibilities of special administrator until such a time as Mr Tuidraki’s successor is announced.

And Jay Whyte, prominent businessman and tourism industry figure, will become Sigatoka’s very own special administrator.

Mr Whyte will appoint a committee of local stakeholders to assist him in his duties.

The changes were announced by the Attorney General and Minister of Anti-Corruption, Aiyaz Sayed-Khaiyum, who said they’d been made in the interests of transparency and better service delivery for the residents of both towns and would be widely welcomed.

The Attorney General revealed that Mr Tuidraki and Mr Tagi were being investigated by the Fiji Independent Commission Against Corruption ( FICAC).

“While charges have yet to be laid, the Government is extremely concerned that both men had declined to cooperate fully with FICAC. Irrespective of the outcome of any investigation, this is clearly not the standard required of our local government officials and we were left with no choice,” the AG said.

The Attorney-General said there had also been serious complaints made about other aspects of Mr Tuidraki’s and Mr Tagi’s conduct, including allegations of favouritism in the allocation of jobs and contracts.

It was also being alleged that the office of the Special Administrator had not been keeping proper records.

“Whatever the outcome of the current inquiries, they are secondary to the need to provide the ratepayers of Nadi and Sigatoka with a high degree of transparency, accountability, performance and confidence that their interests are paramount. On that basis alone, the Special Administrator’s and the CEO’s positions were clearly untenable”, he said.

“The Government is also very grateful that Mr. Whyte has offered to perform the role of Special Administrator in Sigatoka for no remuneration,” the AG added. -- MOI.

Melanesian Spearhead Group: The Helm Changes

noreply@blogger.com (Crosbie Walsh) — Mon, 17 Jun 2013 01:52:00 +0000

Front de Libération Nationale

Kanak et Socialiste

STATEMENT BY THE OUTGOING CHAIR (DRAFT)

[Ratu Inoke Kubuabola, Minister of Foreign Affairs and International Cooperation, Fiji]

MSG Foreign Ministers Meeting (FMM)

17-18 June 2013

Lifou
Loyalty Islands Province, New Caledonia

Head of Delegation of the FLNKS and Chair of the FMM

Representative of the Outgoing Chair and Head of Delegation of Fiji

Honourable Ministers

The President of the Loyalty Islands

Chiefs and Assembly Members

Distinguished Members of the MSG Senior Officials Meeting (SOM);

Excellencies

Staff of the MSG Secretariat;

Ladies and Gentlemen.

May I on behalf of the Government of the Republic of Fiji, congratulate you Chair on your appointment and wish you well in your leadership. Our profound appreciation and gratitude is extended to the FLNKS Political Bureau and the Government of New Caledonia for the courtesies extended to my delegation since our arrival and the excellent meetings arrangements made here in this beautiful island of Lifou in Kanaky-land. Fiji also wishes to pay respects to the Chiefs and traditional owners of this land and acknowledge the kind generosity of the Loyalty Islands Provincial Government for allowing FMM members to gather in this excellent meeting venue.

As outgoing Chair, I wish to thank members for your support to Fiji during our tenure as Chair. Indeed, it has been 2 years of effective collaboration, consensus and dialogue on areas of mutual interest, which has yielded exceptional results.

Ladies and gentlemen, when we assumed the Chairmanship in March 2011, the Prime Minister in his opening Address at the Leaders Summit in March 2011, stated, and I quote,

“I have directed the Fijian Government to provide all the assistance to the MSG Secretariat, to ensure inter-alia regional integration vis a vis a comprehensive trade and economic agreement facilitating free movement of goods, services, capital and labour across our borders; committing regional co-operation and collaboration with our law enforcement agencies to tackle transnational crimes; and, safeguarding our environment and eco-systems and mitigating the devastating effects of climate change.’ End of quote

This mandate has consistently guided Fiji’s contribution towards the MSG over the past 2 years of its chairmanship.

From Fiji’s perspective, I am pleased that enormous achievements have been made in each of these strategic areas. I intend to highlight some of these achievements later.

However, at the outset may I say that this year is unique! We are gathered here not only to meet as Forum Ministers but also to celebrate our 25 years of existence as an organization. We must be proud of our achievements and heritage. Since the six Agreed Principles of Cooperation were signed by our founding fathers on 14^th March 1988, we have proven that MSG is an organization that is here to stay. Our organization is now poised to take a quantum leap into the future! We shall be strong and assume our rightful role as a leader in regional geo-political, trade and economic affairs. The MSG has the natural resources, the people and land area to determine its own destiny.

It is only fitting that we celebrate and showcase our achievement in unison to recognize the humble beginnings and aspirations of our founding fathers. After 25 years, we have learnt from our experiences and attained some competencies that make us unique. The launching of the Silver Jubilee Celebrations, Port Vila in January and the holding of the Melanesian Weeks in each of our Capital has lifted our profile and raised the interest of many. My Delegation looks forward to the culmination of Silver Jubilee celebrations in Noumea on 21^st July.

On the political and security front, I am pleased to acknowledge that achievement has been made by our Police Commissioners in advancing the work on the Department of Peace Keeping Operations (DPKO). This Department once fully operational, will be responsible for overseeing the Formed Police Unit, Regional Police Academy, Humanitarian and Emergency Response Coordinating Centre and Police Cooperation. It is important that we collectively realize our true potential in peace keeping operations internationally. Our unique customs and traditions make us effective peace keepers. We must also respond effectively in sharing information to prevent our countries against the threats of globalization and liberalization. May I therefore congratulate our Police Commissioners and Sub-committee on Security for a job well done. This is highly commendable!

Another notable achievement is the conclusion by our officials of the review our Constitution. The review essentially attempts to improve the efficacy of our decision making, to address new membership applications and add further clarity to specific provisions. Our Sub-committee on Legal and Institutional Issues have worked tirelessly, and must be congratulated for developing and putting before Foreign Ministers a number of instruments of cooperation that will further elevate our organization’s cooperation. These instruments include the Custody and Maintenance of Children, Legal Enforcement of Foreign Judgments, and the MOA on Police Cooperation.

Over the past two years, significant progress has also been made in fostering our trade and Economic cooperation. In March 2011, our Leaders agreed to a broad vision on the future of MSG’s Economic Integration. This involves a vision of Closer Economic Relations and the possible creation of a common market through the expansion of the MSGTA into services and labour mobility.

I am delighted that we will be considering a revised trade and economic cooperation architecture as part of the Trade Ministers Meeting Report. It signifies the continued evolution and maturity of our trade relations. It also reflects our members’ acceptance and readiness to embark on a deeper level of cooperation and integration. Overtime, this will entail the relaxation of regulations on services, investment and capital and public procurement between our MSG borders. Growth in trade and financial flows brought about by this new architecture will stimulate economic growth. It will improve the livelihoods of our people.

As we attempt to address our development objectives, our Government’s financial resources are often limited by the many sectoral demands. Managing our public finance has been a daunting task for some of our members. Increased fiscal deficits, public debt and contingent liabilities pose a serious threat to our macro-economic stability. If we want a vibrant and deeper level of economic integration, our fiscal and monetary policies must be synchronized to create a stable macro-economic environment for our future sustainable growth. The signing of the Principles of Enhancing Fiscal Management in Melanesia by our Leaders is a genuine effort to adopt a set of minimum requirements on sound public finance management. Undoubtedly, the Euro debt crisis provides useful lessons for living within our means. The public sector must not crowd out but facilitate private sector growth.

Notwithstanding this new architecture, it is also gratifying from Fiji’s perspective to witness the signing of the MOU on Skills Movement Scheme by our Leaders in 2012. The Scheme has been in force since 30^th September 2013 and provides the impetus for the movement of skilled personnel between our members to fill skill shortages. I look forward to the SOM Chair’s report on the implementation of the Scheme and plans for achieving its intended objectives.

We have also entered into an MoU on Cultural Cooperation which has paved the way for members to assist each other in hosting regional cultural events including the promotion of our unique cultures through work attachments. Solomon Islands had benefitted from this cooperation and needs to be congratulated for successfully hosting the festival of Pacific Arts last year. To further strengthen ownership of our traditional knowledge and expressions of culture, our Leaders have signed a Framework Treaty on Traditional Knowledge and Expressions of Culture. This is a milestone achievement. This Treaty protects our people from any possible misappropriation and abuse of their Traditional Knowledge and Expressions of Culture. As a Group, we must prevent unscrupulous individuals from violating the rights of owners of Traditional Knowledge and Expressions of Culture under the pretext of scientific research or cultural exchanges. I hope we will be able to implement our TK Laws at the national level in order to further strengthen our commitment to this cause.

During Fiji’s Chairmanship, members have also brought to the forefront our own environment and climate change issues. As the largest geographical areas amongst Pacific Islands, with a rich biodiversity and ecosystem, our climate change issues are unique and deserve special attention. The signing of the Environment and Climate Change Declaration by our Leaders is indicative of our common desire to elevate our climate change concerns to the international fora such as the UNFCCC, and embrace a Framework on Green Growth for our future development.

On the institutional front, it is pleasing to see that the reorganization of our Secretariat has yielded positive results. Our Secretariat is now effectively responding to and serving our interest. We need a Secretariat that is efficient, cost effective and adequately resourced. Whilst I wish to acknowledge your support of this reform process, I must also call upon your indulgence in the timely payment of our contributions to allow our Secretariat to discharge their roles and responsibilities effectively.

As we celebrate 25 years of our existence, our Leaders have seen it timely and appropriate to evaluate our past and determine our future direction. An Eminent Persons Group was appointed by Leaders to review our performance, consult our people, identify our competencies, determine our common objective interests, and use this to chart a new direction for our organization. I am excited of the proposals our Eminent Persons will be submitting for our consideration. I am very confident that the proposed Vision and Plan will set a solid platform on which to catapult our organization into the future. I would like to thank Members for your assistance towards the EPG during their five (5) weeks of in-country consultations. It has been a worthwhile and rewarding exercise. In this regard, I acknowledge the presence of the Chair of the EPG, Ambassador Kaliopate Tavola who will be presenting their report.

Madam Chair, I have attempted to highlight a few notable milestones under Fiji’s chairmanship over the past 2 years. It has been an honour and a privilege to serve as Chair of this esteemed Forum. The unwavering support of members is deeply admired and appreciated. The collegial manner and stewardship in which we have conducted our business is a manifestation of the goodwill and respect within our membership. We have embraced the principles and spirit of dialogue, and consensus through our unique Melanesian culture, tradition and heritage in spearheading our shared interests. We can only build on this further.

On a personal level as I with respect handover the Chair of our meeting to the representative of the FLNKS, I wish to say that I am deeply grateful to all our Ministers for always supporting me in the discharge of my responsibilities as Chair of the FMM. Your personal respect to me is an asset that I will always treasure and as I assume my normal role as a member of the FMM I can do so with knowledge that together we have done our job and together we will continue to serve our organization with the same dedication and commitment.

Finally, as we look to the future, it is useful to remind ourselves that we are equal owners of our organization. We complement our regional organizations and can draw from their competencies and assistance to advance our cause. I firmly believe that we need to carve our own niche in Pacific regionalism and extend our presence internationally. We have the potential to strengthen our relationship with other metropolitan powers to determine our destiny. MSG should not be too concerned about what others think of us. We must determine our common goals and cooperate in activities that enhance our cooperation and integration. Creation of wealth, employment, access to basic services and empowerment of our underprivileged communities is the penultimate outcome of our deeper integration. Let us look at the bigger picture and empower our Secretariat to advance our cause.

I congratulate you Madam Chair for your leadership. Fiji looks forward to contributing effectively under your leadership, and we look forward to fully supporting the common desire of our Kanaky brothers and sisters to achieve full independence and freedom.

Vinaka vakalevu

Oleti!

NAM links growing for Fiji

noreply@blogger.com (Crosbie Walsh) — Fri, 14 Jun 2013 21:02:00 +0000

SUVA, Fiji --- Fiji is growing closer to the Non-Aligned Movement (NAM) compared to its historical links to the Commonwealth.

This was the reply by the Minister for Foreign Affairs and International Cooperation when asked by a Russian journalist whether he considered Fiji closer to the Non-Aligned Movement or the Commonwealth?

Elaborating on his reply to Pavel Vanichkin of ITAR-TASS news agency Ratu Inoke said membership in the NAM had provided Fiji with the opportunity to engage with its new non-traditional partners. “Fiji’s concomitance with NAM further supports Fiji’s Look North Policy which involves developing relationships with countries outside the Southern Pacific sphere,” Ratu Inoke said.

Ratu Inoke said NAM provided a form of protection some other forums lacked. “It ensure that the national independence, sovereignty, territorial integrity and security of non-aligned countries in their struggle against imperialism, colonialism, neo-colonialism and racism. Therefore I would say that in terms of forging closer relationship with its non-traditional partners, Fiji is closer to NAM in this context.”

The other question posed by the Russian news agency was – What were Fiji’s priorities and interests on a global scale?

In response to this, Ratu Inoke said Fiji’s priorities and main interests on the global scale were aligned to its national goals. Fiji had developed a structured dossier called the Roadmap for Democracy and Sustainable Socio-Economic Development as well as Fiji’s Look North Policy.

He said Fiji aimed to enhance its global integration and international relations with its existing partners as well as developing new alliances with its new countries under its Look North Policy.
Ratu Inoke said Fiji aimed to ensure that its economic development, socio-cultural development and overall social development was improved. As such Fiji’s priorities at the global scale included:
Providing effective and efficient leadership in the United Nation for the G77 plus China Group; Providing effective leadership and support to all UN development initiatives especially the following fields: Peacekeeping; Climate Change and Adaptation; Deep Sea Mining under UNCLOS etc; *Striving to be an independent sovereign state and working hard to uphold the Charter of the UN and seek to establish diplomatic relations with all UN member countries .

From FIJI SUN
News
Thu 13 Jun 2013

Lockington's Everyday Fiji ... Life Goes On

noreply@blogger.com (Crosbie Walsh) — Fri, 14 Jun 2013 21:00:00 +0000

Safe Roads

Driving to and from Nadi and Lautoka I notice the traffic is subdued. The rush that used be a norm with especially mini vans that often overtake dangerously is not many now. However, one thing I noticed that rental cars are the ones that are speeding. I am wondering if a rental car is caught speeding, who pays the fine? But good on you LTA for the cameras, every one is driving with in the speed limit.

This is a good sign and our roads will be safe. Oh, we get the odd idiot who will drive recklessly, but more people are driving within the speed limits. All cars should have a little notice on the dashboard reminding drivers to drive within the speed limit. becasue we will tend to forget.
Allen Lockington
Mulomulo
Nadi

Allen Lockington is a self-employed customs agent and business consultant who has regular articles published in Fiji. I thank Allen for permission to reprint some of them in this political blog. They remind us that life goes on, whatever the political situation. And it's good to know that.

News and Comments Sunday 8 June 2013

noreply@blogger.com (Crosbie Walsh) — Sun, 09 Jun 2013 03:58:00 +0000

NEW CATHOLIC ARCHBISHOP. Fiji’s new Archbishop Peter Loy-Chong has called on the nation for its support and loyalty towards his work. He replaces Archbishop Petero Mataca who co-chaired the People's Charter dialogue in 2007. Emeritus Archbishop Petero urged his successor not to forget the poor. Archbishop Chong will also look after the Archdiocese of Rarotonga and Kiribati.

QUOTE OF THE WEEK. "Of course it is possible to argue that hypocrisy is a necessary, even desirable component of politics and that form of it known as foreign policy. Anyone who doesn’t accept the necessity of hypocrisy is being simplistic, overly pure. It is also possible to argue, as many economists do, that economics should and can be separated from politics, ethics and so on: what appears as hypocrisy is simply a clash between distinct spheres of human understanding for which different principles or rules apply." -- Scott MacWilliam.

'TIS SO, 'TISN'T SO. The Social Democratic Liberal Party (SODELPA, the old SDL party) says that police officers turn up during our meetings is scaring members. The A-G Aiyaz Sayed-Khaiyum says government is not monitoring political parties activities and that officers were also voters and were free to attend any political party meetings if they wish to.

NFP MEETS. Members of Fiji’s oldest party, the National Federation Party met over the weekend in Lautoka to further discuss the draft Constitution and their upcoming jubilee celebration plans. Most members will get the chance to deliberate and share their views regarding the draft Constitution. “Delegates attending the working committee of the NFP will subject the draft Constitution to intense scrutiny,” NFP President Raman Pratap Singh said.

TO THE FIJI TIMES AND NOT PUBLISHED. Why? It's a very reasonable comment.

Dear Sir,
Some commentators have drawn attention to the Government’s draft constitution (GDC) and the difficulty of amending any of its clauses and provisions. Amendments require extremely large majorities in parliament together with a large majority in referendums. These requirements make it well neigh impossible to amend the constitution by legal means.

What is disturbing is that even minor typographical and technical errors will require the majorities indicated above. A better way forward is to have a constitution that allows for amendments with different majorities (plus 50% or 75% of parliament) depending on the provisions that may require amendments. Entrenched and protective clauses will require the latter majority for change. There is no need whatsoever to go through the expensive referenda.
Failure to address the difficulty to change provisions of the constitution is a recipe for extra-legal abrogation of the constitution.

Vijay Naidu, Suva

MATAQALI CONCERNS CAUSE AIRPORT UPGRADE DELAY.
The i-Taukei Land Trust Board, acting on behalf of Nausori land owners, are still awaiting a reply from the Airports Fiji Limited and the Director of Lands regarding the expansion of the Nausori Airport. Their letter sent in March and has not received any response. Landowners are concerned about the lease, employment and other compensation. The acquisition of the 93 acres of land for the redevelopment of Nausori Airport will cost $60 million.

GETTING THE FIGURES RIGHT. Jonathan Bower, cited on Facebook, gives this "more correct set of data" on the Fiji's economic performance since the 2006 Coup (2007-11): inflation 6% average, up from 2.4% in 2006; people living below the basic poverty line, 31%, down from 35% in 2002; growth rate in real GDP per capita -0.4% compared with 0.1% 2000- 2006; public debt 54.2% of GDP in 2011 compared to 49.9%5. If true, 20,000 women joining the workforce is not a bad thing. I could find no data on this. Mostly based on Bureau of Statistics, IMF and Reserve Bank figures.

STREET BEGGING. An Inter-Agency Taskforce has been formed to re look and scrutinize the issue of street begging in Fiji. The Taskforce has declared "an absolute zero tolerance on child begging."

ALLEGATIONS OF LIES TOLD TO VILLAGERS. A team from the PM’s office is visiting villages to counter the lies they say are being spread by Government critics. Permanent Secretary Lt.Co,Tikoduadua said the critics are targeting Tailevu-North and Wainibuka, and their main message is that the new constitution will threaten their land ownership and security. “They’re saying that the landownership of the iTaukei people would be under threat when the new constitution comes into effect.” He said critics had been telling the people that under the Land Use Decree, government had the power to take native land on whatever terms it liked, which was quite untrue. “They’re just trying to get support for the upcoming elections”, he said.

INVISABLE MONEY. The European Union statement that it will have spent $136million by the end of the year on assistance to sugarcane farmers is not visible on the ground, says Sugar permanent secretary LtCol Manasa Vaniqi. He said if the EU had committed such a significant sum of money for growers, there should have been some visible signs of improvement to their lives. "$136 million is a huge amount of money, if it really came to the farmers then they should have been millionaires by now," he said. "We don't know where this money went because we cannot see it directly translated to improvements on the ground." The Permanent Secretary also criticised the Deloitte Report and the IMF had made recommendations that we sell all our mills and the industry over to private enterprise. "But we knew that we needed the industry and we needed to ensure that the jobs of the 200,000 people who depend on the industry for their livelihood would not be affected."

NEW PARTY REGISTED. the People’s Democratic Party (PDP) application for registration has been approved by the Registrar of Parties. Party Interim General Secretary Poseci Bune said they have worked hard to bring the party to this stage and to comply with the many requirements of the Political Parties Decree. Bune said the party respects the rights and places of Indigenous Fijians within our wider multicultural society. He said the official launching of the party will be in the next few months and they are confident of being the party of the future. Bune, a former Labour Party Minister, has joined trade unionists who were also dissatisfied with Mahendra Chaudhry's leadership of the FLP, in forming the new party.

FIJI HARDWOOD PAY OUT. Following it restructuring and reorganisation on the recommendations of external expert assessors, FHCL is entering a new phase.While plans are being finalised, operations at the Waivunu Sawmill and Navutu Manufacturing site, have been running at a substantial loss for years, costing massive amounts of taxpayers' money. are suspended. Workers will receive a full three weeks paid leave in the interval. This leave will not be deducted from workers' accumulated leave, and is in addition to any existing leave.

This financial situation and the dilapidated condition of the facilities' equipment are the result of minimal reinvestment in maintenance or modernization since these operations were acquired by FHCL eight years ago. In addition, FHCL accumulated over $18 million of Government-guaranteed loans and received more than $25 million in outright Government grants from 1998 until 2006. Recently, the Navutu and Waivunu locations have been the targets of thefts, with more than $24,000 of cash and equipment being stolen in the past year, in addition to a significant amount of timber. The situation obviously could not be allowed to continue.

FIJI HUB OF THE SOUTH PACIFIC. Fiji is positioning itself to become the communications hub for the South Pacific. Home of the Southern Cross cable network Fiji is now being approached by other Pacific nations to connect to its system. Fiji's broadband policy aims to have 95% of the population with internet speeds of a minimum of 2MBs by 2016.

ROTUMA PLANS COME UNSTUCK. Government plans to promote agricultural exports to Tuvalu from the northern island of Rotuma are experiencing problems. The Rotuma Enterprise Marketing Co-operative Limited (REMCOL) has lost about $40,000 since it started trading in 2011, partly as a consequence of "cassava that we harvested and processed but it turned out bad” and partly as a result of "the frequent breakdown of the freezers where produce is stored." The company has been unable to meet several orders. Commissioner Eastern Lt. Col. Netani Rika says work is underway to get the freezers in Rotuma fully operational.

THIS HOW WE DEAL WITH CORRUPTION IN NZ. Wellington's David Ross, at the centre of the collapse of a suspected Ponzi scheme involving about $450 million, has been stripped of his membership of the Institute of Chartered Accountants by the ICA disciplinary tribunal. The head of a collapsed bullion trading firm - which owes investors more than $2.5 million - has been charged by the Serious Fraud Office. Fifty-two-year-old Kairuaiti Tangata Oropai Robert Kairua, the director of Grace Holdings NZ Limited, faces 29 Crimes Act charges of theft by person in special relationship and false statement by promoter. Grace Holdings, which traded under the name Bullion Buyer, had an office in the Vero building in downtown Auckland. Property developer Glenn William Cooper has been remanded on bail for sentencing after a Serious Fraud Office investigation into his dealings with a family with whom he built a relationship. Victims of the mortgage fraudster face losing their homes after the conman sold them properties and arranged large mortgages using vastly inflated valuations. Cooper has pleaded guilty to five charges of dishonesty brought by the Serious Fraud Office.

CORRUPTION: THE FIJI FINANCIAL INTELLIGENCE UNIT has recently exposed six cases of unexplained wealth. Director Razim Buksh told the Fiji Institute of Accountants Congress 2013 that Fiji now has a more modern law for dealing with sophisticated proceeds of crime cases. The Proceeds of Crime (Amendment) Decree now requires a person to show that wealth was obtained lawfully in order to keep it, rather than the law enforcement agencies to show that the wealth was obtained unlawfully in order to forfeit it. He said the unexplained wealth provisions for both public officials and private individuals and businesses are the best mechanism that can now be used in Fiji. Buksh said the idea is to take the profit and wealth away and deprive them from enjoying their ill-gotten wealth taken from unlawful activities and tax crimes. He said this process can be undertaken whether or not the DPP and FICAC are able to secure a conviction of the predicate offence.

Lockington's Everyday Fiji ... Life Goes On

noreply@blogger.com (Crosbie Walsh) — Fri, 07 Jun 2013 21:00:00 +0000

Good Dad

During my stint with the Fiji National University Nadi I saw this middle aged chap in my class.

About a month later I took him aside and we sat and chatted. I asked why he had enrolled when he already had a good job. He said that he had a daughter who had enrolled at FNU but had found it hard to keep up with lectures and dropped out. She told him that even he wouldn't be able to hack it.

He sat back and said that all his family had ordinary low paying jobs because of lack of high education and he wasn't going to let his daughter go through the same thing. So he enrolled secretly without tell his family.

His wife became suspicious when he would come home late and they would have little arguments. He assured her there was no other woman. He never took home his books and never let on on what he was doing.

Then three months down the road a friend of his daughter told her that her dad had enrolled at FNU Nadi. She was shocked.

One evening when they were having their devotion he told the family that he had enrolled to show his daughter that he could hack it.

To cut a long story short, the daughter went back to FNU and the dad and daughter now both have diplomas. He will soon be promoted at his work place and the daughter now has a better chance of getting a better paying job with her diploma.

I was inspired by this man even after he had left school years ago. Nothing is impossible for those who believe.

Allen Lockington is a self-employed customs agent and business consultant who has regular articles published in Fiji. I thank Allen for permission to reprint some of them in this political blog. They remind us that life goes on, whatever the political situation. And it's good to know that.

BBC News - Patrick Mercer's parliamentary questions on Fiji

noreply@blogger.com (Crosbie Walsh) — Fri, 31 May 2013 22:34:00 +0000

BBC News - Patrick Mercer's parliamentary questions on Fiji

Lockington's Everyday Fiji ... Life Goes On

noreply@blogger.com (Crosbie Walsh) — Fri, 31 May 2013 21:00:00 +0000

The Changing Workforce

A very interesting program was aired on Radio Australia recently.

Apparently, the world is moving from an experienced-base workforce to managers who are highly qualified with no experience. But they bring with them new ideas, sometimes to a work place that was operating very well with old people and old styles.

When management posts are advertised, it will no longer necessarily be the longest serving employee with loads of experience who will get the job. It could be a young graduate fresh out of university who is highly motivated in the field suited for the job. How do the experienced people in the work force see this? How do they feel about working under someone much younger than them who will from time to time come to them to ask for assistance? Will they assist the new kid on the block?

Studies have shown that older managers with loads of experience will not listen to younger dynamic managers because they (the older person) think that the younger manager have nothing new to offer. This was very evident to me when I was a young emerging manager in the civil service. And there is another issue: when the young newly appointed manager is a woman and the workforce is predominantly male. How do the male counterparts cope? While the young woman may have no experience she is highly qualified in her field and will learn, it may take time, but by Jove she will learn.

In Fiji we have lowered the civil service retirement age to 55, something that I wholly heartedly agreed to. If it was up to me I would make the voluntary retirement age at 50. There are many of us who have planned their lives properly, especially those of us who had children very young and who are now working and supporting the family.

Let us support our young graduates and for those who wish to make the voluntary retirement age to 50, call me. All we need to do is make way for the younger generation, take up a hobby, or start a backyard garden that will keep you fit and you will be eating freshly harvested vegetables.

Allen Lockington is a self-employed customs agent and business consultant who has regular articles published in Fiji. I thank Allen for permission to reprint some of them in this political blog. They remind us that life goes on, whatever the political situation. And it's good to know that.

Fog (Nearly) All Over Canberra

noreply@blogger.com (Crosbie Walsh) — Fri, 31 May 2013 01:42:00 +0000

By Scott MacWilliam

Foggy Bottom is, of course, the suburb of Washington DC where the US State Department is located, along with major international institutions, including the World Bank and the IMF. Sydney has had repeated heavy fogs this winter. Canberra too gets lots of fog, particularly during autumn, winter and early spring. Now, courtesy of an interview with ANU Professor Stephen Howes, it is apparent that Australian foreign policy toward Fiji remains blanketed by a heavy fog under which utter confusion reigns.

In a newspaper story, which was reproduced in Fiji, Professor Howes has told how the Australian government has been vetoing loans to Fiji by the World Bank and the Asian Development Bank. At the same time Australian aid to the country has doubled since the Bainimarama government came to power. Professor Howes, who has agreed with ANZ sanctions on the military regime, is concerned that the vetoing while doubling policy `seems hypocritical’.

But he does not seem concerned with the far greater hypocrisy and futility, identified repeatedly by critics of ANZ policy, of providing aid and loans while imposing sanctions. Instead in his most recent comments, Howes encouraged WB and ADB lending on the grounds that it was: “Better in my view to have these institutions active in Fiji trying to promote economic reform and development, including through sound lending”.

Opposition spokeswoman on Foreign Affairs Julie Bishop demonstrated that confusion was gender neutral by trying to separate funding for health and education from giving money `directly to the government’. While acknowledging the possibility of fungibility, that is the military government being able to utilise internally generated revenues for its own purposes because of the availability of foreign aid for other expenditure, Ms Bishop seems politically naïve. Who does she think head the government departments and agencies in Fiji through which international loans and aid is channelled? The very people against whom ANZ have imposed travel and other sanctions, Ms Bishop!

Of course it is possible to argue that hypocrisy is a necessary, even desirable component of politics and that form of it known as foreign policy. Anyone who doesn’t accept the necessity of hypocrisy is being simplistic, overly pure. It is also possible to argue, as many economists do, that economics should and can be separated from politics, ethics and so on: what appears as hypocrisy is simply a clash between distinct spheres of human understanding for which different principles or rules apply.

But Professor Howes, in arguing against the politics of Australian relations with the WB and ADB which influenced these institutions’ behaviour toward Fiji, is not making this separation. He is in fact arguing that they are and should be intertwined: keep lending to affect policy and politics in Fiji. When the dominant feature of Fiji’s politics now and into the foreseeable future is the existence of a military regime, Professor Howes is proposing aid and lending to affect the regime. He does not however ask if the effect will be to weaken or strengthen the Bainimarama regime.

But what if these funds strengthen the regime’s position by lifting living standards and increasing its popular support? So increasing the military government’s popularity and power is good, but sanctions are still necessary to show condemnation of military rule? In short, after nearly seven years, confusion still reigns regarding the most appropriate policies for dealing with the military regime in Fiji.

There is however a little ray of sunshine, certainty in one part of the Lake Burley Griffin establishment. Over the water from Foreign Affairs at the ANU, the State, Society and Governance in Melanesia Program (SSGM) is hosting a two day State of the Pacific Conference. At the end of June, in a major session on the State of Democracy: Fiji, the anti-regime critics still predominate and there is no attempt at even the usual academic pretence at balance.

Seeking clarity, Australian foreign policy-makers could take a lesson from this section of the ANU where consistency reigns. However that clarity is unlikely to lead to any greater influence over the Bainimarama regime than the official confusion. There must be many in official circles who are hoping that the fog will thicken in Canberra so the chaos below remains obscured.

Qarase Appeal Denied

noreply@blogger.com (Crosbie Walsh) — Thu, 30 May 2013 05:41:00 +0000

FijiVillage.com - Fiji's home on the world wide web

News and Comments Thursday 30 May 2013

noreply@blogger.com (Crosbie Walsh) — Thu, 30 May 2013 04:38:00 +0000

AUSTRALIA'S BEEN VETOING HUNDREDS OF MILLIONS OF LOAN MONEY TO FIJI. This revelation by a prominent Australian academic, Director of ANU's Development Policy Centre, Prof Stephen Howes, comes at the same time as Australia announced an increase in aid to Fiji (see below). We appear to have a kangaroo that is jumping in opposite directions. Prof Howes called the Australian action "hypocritical." He added that there was also international cost to having the World Bank and ADB impose sanctions on Australia's behalf because it would reinforce the impression that those organisations were the instruments of rich countries."

The explanation for this apparent "hypocrisy" might be that World Bank and Asia Development Fund money loans go to Government to spend on infrastructural projects that help all in Fiji, while most AusAID goes to approved NGO's and targeted local projects that enhance Aussie generosity.Or am I too unkind?

I'TAUKEI SCHOLARSHIPS TO CONTINUE. The government has today confirmed that it will continue to give i'Taukei scholarships to i'Taukei and Rotumans. The People's Charter Council had earlier recommended that all scholarships should be merged and there should be no more race-based scholarships. Awards were to be made on the basis of merit not race. There is, of course, a good argument that positive discrimination should continue in some areas but if it is to be based on race and need, Kai Solomoni and other part-i'Taukei Melanesian people would have a far greater claim than most Rotumans and a large number of i'Taukei. I see no good reason why the children of the i'Taukei and Rotuman elite should not have to compete with others on the basis of merit.

BAREFOOT GRANNIES. Solar energy equipment for ten villages in Cakaudrove, Macuata, Bua, Kadavu, Ba and Ra were delivered last week. Ministry of Social Welfare, Women and Poverty Alleviation Minister Dr Jiko Luveni said, "After their return from the six months training from Barefoot College in India, the solar grannies have been eagerly waiting for this equipment. The waiting days are over, the villages that have lived without electricity for years are now ready to solar electrify and overcome the years of darkness. As part of their work plan, the solar grannies will also train the youths and men in the village on acquiring solar electrification skills.”

INTERNET IN TAILEVU SCHOOL. The Internet project launched at Naiyala High School last week will see over 170 students of Naiyala High School and 11 villages in the Wainibuka district with easy and free internet access. Minister for Education, Filipe Bole said that the internet provision will allow for students to surf educational resources online and databases to assist with learning. But villagers from around the nine schools will also be able to access to the internet. Meanwhile 11 more primary and secondary schools in Ra and Nausori Education District will have access to the internet services by the end of June. Until recently, the area serviced was one of the more inaccessible areas in Viti Levu, stretching from Korovou to Rakiraki, but major improvements to Kings Road have changed that. Twenty schools will also soon receive two new desktop computers with free internet services for six months.

AUSTRALIAN AID UP 18%. The Australian government will provide a record $F105.5million ($A58.2m) in official development assistance to Fiji in the 2013-14 financial year. Australia's Counsellor for Development Assistance in Fiji Joanne Choe says this demonstrates the Australian government's unwavering commitment to the people of Fiji.

WORKERS RECOVER $185,000. The recent Labour Ministry roadshow in the Western Division dealt with 90 cases of allegedly unpaid wages and successfully settled 59 of the cases. Labour Minister, Jone Usamate said “this was achieved through further investigation and inspection of workplaces carried out by the ministry’s Complaints and Resolution Team (CRT) and the District Offices. The Ministry recovered a total of $185,339.92 arrears of wages for 73 employees who were made redundant from a prominent resort after the effects of cyclone Evans at the end of last year.

OVER A THOUSAND NEW JOBS. Overseas investment is likely to result in over 1,400 new jobs in the near future. Investment Fiji CEO, says that mining and agriculture are the main areas of interest. Investment Fiji has registered 41 foreign investment projects in the last three months. These projects are valued at $351 million which is an increase of over 80% from last year. Manufacturing, wholesale and retail and agriculture sit on the top three sectors that overseas investors are most interested that are expected to create the most employment opportunities.

A MELANESIAN COMMON MARKET? PNG's Trade Minister says he wants to see a common market established in the Melanesian Spearhead Group of nations before it is extended to the wider Pacific. Richard Maru says he is against PNG being part of the PACER Plus scheme, which is strongly favoured by New Zealand and Australia, because the trade imbalance means there is no benefit for his country. As well as PNG, the MSG group includes Fiji, Solomon Islands, Vanuatu and the FLNKS of New Caledonia and Mr Maru says he wants to see trade among these states bedded down first.

8,000 POTHOLES have been repaired in the span of one week, according to the Fiji Roads Authority.4,726 for the Central Eastern, 1,950 in the West and 1,351 in the Northern Division.. Many of the potholes had not been properly repaired in the past. Reconstruction and resealing will also be done by FRA to help bring pothole maintenance to something more manageable.

News and Comments Monday 27 May 3013

noreply@blogger.com (Crosbie Walsh) — Mon, 27 May 2013 07:46:00 +0000

NOTICE. THE CITIZENS' CONSTITUTIONAL FORUM will be holding workshops for women's NGOs on Good Governance, Citizenship and Human Rights Education, Countering Racism and Promoting Multiculturalism. Tuesday 28th – Wednesday 29th May at Tavualevu Community Hall (Tavua) and Thursday 30th – Friday 31st May at the Nadi Town Council Chambers.

COURT REJECTS GOVERNMENT CHARGE. Former Post Fiji Managing Director Tevita Peni Mau and former General Manager Dhirendra Pratap were found not guilty in the Suva high Court. yesterday The three assessors in the trial delivered a not guilty verdict on the charge of abuse of office against Mau and a charge of extortion by public office against Pratap. FICAC alleged that in 2006, Mau approved the payment of $5,000 to Pratap without the authority of the Post Fiji board. Pratap is alleged to have accepted the payment as reward for his performance of his duty as general manager finance. Judge, Justice Prabaharan Kumararatnam will deliver a ruling at 10am tomorrow. Who says the judiciary is not independent!

A FIRST FOR FIJI: CANEGROWER PENSIONS. More than 300 cane growers over the age of 70 years who have no other form of pension will now be receiving $100 monthly through the Rarawai Penang Cane Producers Association. This is a first for Fiji. The money comes from a fund set up under the Fair trade initiative which was allowed by the government and in conjunction with Fiji Sugar Corporation and Tate and Lyle. Meanwhile, the PM announced that Government and the Fiji Sugar Corporation have agreed to sell 60,000 tonnes of fair trade sugar to Tate and Lyle to ensure that the farmers still receive fair trade premium price of $110 a tonne.

KEY WILL WORK WITH BAINIMARAMA, says NZ PM John Key, if he wins the 2014 election fairly. Of course he will. He has no other choice, and this is true even if the elections are not fair. The prime minister of NZ has no say in the Fiji election outcome, and he already works with foreign governments far less reputable than Fiji.

BAINIMARAMA REMINDS KEY. Bainimarama has reminded his New Zealand counterpart, John Key, that Fiji will indeed have free and fair elections in 2014. “Fiji will surely have fair and free elections in September 2014 and it is them that have to change their perception of Fiji’s Roadmap to democracy.” He told his NZ counterpart that Government was currently working on the new constitution that would see Fiji have fair and free elections. The legal team responsible was going through the 1093 submissions and "there were quite a few ideas to consider"

NO ONE TAKES LAND FROM ITS OWNERS. In the same interview to Radio Tarana, the PM again denied the constant claims of his political opponents that Government will take land from iTaukei. “iTaukei lands and freehold lands owned by Fijians will be safeguarded in the new constitution. No one can take away land from the iTaukei people and this also applies to freehold lands owned by Fijians.” He said they would take their time in completing the new constitution and there was no rush as they wanted to make the constitution the best ever for Fiji. However, he confirmed that elections in 2014 will not be affected.

MONEY LAUNDERING. The country's Financial Intelligence Unit has calculated that at least $100 million is laundered annually through financial institutions in Fiji.

Reports from financial institutions last year revealed a total of 579 suspicious transactions that were not consistent with a customer's known or legitimate business, personal activity, profession or occupation did not match the normal business or background for that type of account and was unusual to a customer..

WHAT DOES SODELPA REALLY MEAN? In their submission to the Ghai Commission, the SDL (now SODELPA) wanted to retain the race-based communal electoral seats but now SODELPA Senior official Dr Tupeni Baba says the scrapping of the race-based electoral system is a healthy development for Fiji. I have difficulty reconciling these statements.

FEAR OR JUST LACK OF SUPPORT? SODELPA's Pio Tabaiwalu wants all restrictions on political parties to be lifted. He said, "We think that people are still scared to come up and speak to us so we need to sense of insecurity to be removed and for people to know that they are free to choose any party they wish to choose.” A-G Aiyaz Sayed-Khaiyum replied saying that everyone knows that there are no restrictions in place, witness the recent public gatherings that have been held by political parties around the country.

THE NEW TUI MACUATA. Ratu Wiliame Maivalili Katonivere, the younger brother of the late Ratu Aisea Katonivere was traditionally handed the title last week in the chiefly village of Naduri but his election has been contested by a faction that said the process was too rapid.

FIJI FOCUS. Click here for Issue No. 10.

STILL NO INFO ON 'TORTURE' VIDEO. Police Chief of operations, Rusiate Tudravu, has admitted that the police investigating the Torture Video, showing prisoners being beaten in March, have interviewed no-one and have no suspects. Given that some of the people involved have already been named, a police vehicle has been identified and the victim is well known, I find the Police Chief's comment totally inadequate.

Counting Down: Ratuva on Progress and Parties

noreply@blogger.com (Crosbie Walsh) — Sat, 25 May 2013 07:09:00 +0000

Sixteen months to the elections. What does one of our distinguished political sociologists think of developments? Dr Steven Ratuva is now a senior lecturer in Pacific Studies at the University of Auckland. His current research includes military-civil relations and regime change and Governance and electoral systems. Here’s excerpts from his views in an interview with the Fiji Sun:

On Fiji’s progress towards September 2014 and Government’s role in this process:
The government says that the required technical processes seem to be in place except for the constitution. Beyond that, I suppose the critical questions have to do with allaying people’ concerns about whether the elections will be free and fair and the other concern, given Fiji’s election history since 1987, is the guarantee that the results of the elections will accepted by whoever loses. At the end of the day these will determine people’s confidence in the electoral process.

On using the proportional representation system in next year’s election:

There are different types of PR electoral systems and Fiji, like about 80% of other countries using the PR system will be using party listing, a type of PR system. Under the PR system, suggested both by the Ghai and government constitutional drafts, the number of seats a party wins is proportional to the percentage of the votes won by that party. For instance if a party wins 20% of the votes, it will be allocated 20% of the seats in parliament. This system provides for equity in seat distribution and also gives the chance for small parties to win seats. Because of this, there will be no outright winner and thus in the end there would have to be a coalition. The process involves political parties providing either an “open” or “closed” list. While the Ghai draft proposed a closed system where parties determine their own list, the government draft proposes an open list which involves voters determining the list. There are four different ways to determine the open list but the government draft does not specify how their proposed open list will be determined. While the PR party list system (used in many countries around the world such as Brazil, South Africa, Norway, South Korea, Netherlands, etc,) is one of the fairest, it is also criticized for giving too much power to political parties and undermines the voters’ real intent in choosing people they want in parliament. NZ has tried to solve this problem by having both the First Past the Post (FPP) to elect individuals and the PR system to choose parties, so voters have two votes each. The PR system has allowed for minority parties like the NZ Greens to win seats.

On how effective this voting system is compared to the last two that Fiji had used – first past the post and alternative voting system:

The PR system is vastly different from the 1990 constitution’s FPP system and the 1997 constitution’s Alternative Voting (AV) system where there was often wide discrepancy between the number of votes and the number of seats won. The PR system ensures that seat distribution in parliament is directly proportional to the votes won. Both the Ghai and government drafts do not suggest any threshold for parties to win a seat. For instance what is the minimum percentage of the votes a party should win in order to be eligible for a seat? In most countries which use PR, there’s a threshold, for instance in NZ it is 5% and in Israel it is 2%. But the other alternative is to have an informal or “practical” minimum—but again this is not specified in the government draft.

Of these three systems of voting, which is best suited for Fiji?

The PR system is much fairer than the FPP and AV systems and is one of the most popular voting systems in the world. The FPP tended to exacerbate ethnic competition for power in Fiji while the AV system led to a large number of informal votes. The PR not only distributes seats fairly, it also ensures power-sharing between parties. No party will have a total monopoly as in the FPP system and we will end up with three or more parties sharing power. The smaller parties and even independent candidates will make a lot of different in terms of holding the balance of power. Given Fiji’s population distribution and assuming that there will be a general distribution of ethnic votes (although there are no ethnic seats), parties with greater chances of winning are those which would attract the youth voters. Remember that about 50% of Fiji’s population is below 25 years.

On whether Fiji has the structures in place for a free and fair election:
This is the major concern by political parties, voters and international observers of Fiji politics. Fiji’s post-coup political climate had not been easy for political parties opposed to the government to operate in. Government has firm control over the constitutional process and the running of the election. For people to have confidence in the process the government needs to provide not only open guarantee for minimal intervention in the electoral process, they also must be seen to be openly and actively doing it. Also, the constitutional review process and the election are mere “state building” processes to address the issue of state governance. We also need a deeper process of “nation building” through national dialogue and reconciliation between political parties, civil society and diverse representatives of society to address the social fractures, pain, anger, anguish and grievance of people after the 2006 coup. This is important for the long-term stability of the country and failure to do this will continue to haunt us in the future. ON how political parties can contribute towards the election:

This election will be anticipated after a long time because it is a way of getting Fiji out of the political quagmire as well as provide the exit strategy for the coup makers who of course are actively trying to return to power through the electoral process. The role of the political parties would be crucial in ensuring a peaceful transition and stability. The old ethnic-based political parties will need to reinvent themselves and all face massive challenges of reimaging, organisational reconfiguration and developing their mobilisation capacity. For instance, the National Federation Party will need to shed its old ethnic image, look for a strong leader and make explicit a new political position which would make it different from other parties. The SODELPA will need to extend its multi-ethnic appeal under the new team and devise new strategies to appeal to the young and women because that’s where the winning votes are. The Labour Party will need to try and reclaim its support lost after the split, shed its ethnic image and reinvent a new ideology. The proposed People’s Democratic Party needs to have a strong and vibrant leader and work extra hard to keep its urban workers support as well as use its new image to appeal to the young. While the proposed party by the government may be happy with its rural support, it will struggle to win the support of the urban middle class who felt victimised by the coup. At the moment it has the logistical and resource advantage because of its links with the current government. Parties will be horse-trading with each other for the formation of a post-election government and I’m not surprised if those opposed to each other now will eventually make up and go to bed together without any qualms whatsoever. It has happened before and may happen again. After all, in politics, politicians don’t often do what is right but what best serves their interests.

May 23, 2013 | Filed under: Fiji News | Posted by: newsroom
By ROSI DOVIVERATA

Lockington's Everyday Fiji ... Life Goes On

noreply@blogger.com (Crosbie Walsh) — Fri, 24 May 2013 21:00:00 +0000

Mystery Hut

I’ve been driving a for a few years from Lautoka to Nadi and naturally I go pass the little hut and what looks like a bus bay or something right near the turn of to Saweni beach. On Monday I decided to stop and go and have a good look at what it was.

I saw a notice on the little hut that says, “This structure is the property of the Land Transport Authority of Fiji. Loitering and vandalizing of the LTA property is strictly prohibited. Offenders will be prosecuted.” Inside the hut there was a carton or Fiji Bitter bottles, it smells like a public toilet and it's very dirty.

I wonder what the structure built for and how much was spent on it? Is it another of those needless things tax payers pay for? Is the money lost for ever or will it be used again? It must, surely, have once served a useful function but what it was is anyone's guess.

Perhaps it was supposed to be a weigh bridge? But for the life of me, why there? I'm really curious.

Have you, like me, come across other structures whose purpose remains a tantalising mystery?

Allen Lockington is a self-employed customs agent and business consultant who has regular articles published in Fiji. I thank Allen for permission to reprint some of them in this political blog. They remind us that life goes on, whatever the political situation. And it's good to know that.
Nadi

News and Comments Monday 20 May 2013

noreply@blogger.com (Crosbie Walsh) — Mon, 20 May 2013 04:25:00 +0000

Work Towards the Possible

by Crosbie Walsh

The saddest feature in the ongoing standoff between the Bainimarama government and its trade union and civil society opponents such as the Citizens' Constitutional Forum is that both groups almost certainly have far more in common with each other than they do with some elements in the Opposition line up.

I say almost certainly because I find it hard to believe the unions or the CCF support the covert racism of the so-called Social Democratic Liberal Party (SODELPA), the renamed SDL tyrannosaurus or the obvious self-interest of chameleons like Dr Tupeni Baba, and Mahendra Chaudhry of the partly crippled FLP. These players had their opportunity to point Fiji towards a fairer, more racially equal and more democratic society, and they failed miserably. Witness the events from 2000 onwards.

It seems more probable that the unions and the CCF have joined the other opponents on the basis that their enemy's enemy is their friend. They are not "for" these old political remnants, struggling to remain relevant as events continue to lie outside their control. They are against some rulings by the Bainimarama government. In particular, legislation that restricts trade union activity, restrictions on free speech, the right to participate fully in the evolving political situation, and the political influence of the military.

But I think they largely agree with many of government's social and economic policies: its work to improve physical infrastructure, long neglected by previous governments; its efforts to improve government services; its development work in rural areas; its efforts to make Fiji less dependent on food imports; its legislation on women and children; its assistance to the poor and poorly housed; and its insistence that every citizen is Fijian with equal citizenship rights.

To say the unions and the CCF have "joined" the other opponents is, however, not quite correct. A better word might be "pushed". Government started well with the People's Charter, a genuinely inclusive forum and think tank, but from the Appeals Court ruling in 2009 that found the military takeover in December 2006 illegal, the relationship between government and the vocal elements of civil society have mainly gone downhill. In 2009 Government had either to abdicate, which would almost certainly have returned power to the Qarase government it had overthrown in 2000, or it had to abrogate the 1997 Constitution to continue as government.

Since then, government has had a "go it alone" policy. The insistence on legal process, even if this came at the price of social justice, by vocal civil society and the authoritarian actions of Government made government-CCF relations increasingly difficult. And I need not go into the destructive influence of policies by foreign governments and international organizations.

It is so easy to say that had the Bainimarama Government been less paranoiac about attempts to remove or undermine it (some with good cause), and had it made more moves to include more people from civil society, including the unions, attitudes would not have hardened to the point where any reconciliation now seems next to impossible. Yet this is precisely what the Bainimarama Government and Fiji need.

The more truly democratic elements within the Opposition need to detach themselves from the Opposition in order to make Government feel less threatened and more heedful of requests for more democracy in the lead up to the 2014 elections.

CCF media release
The CCF media release earlier this month called for Government to move towards a "sustainable constitutional democracy."

As always, it makes some reasonable points: the recent submission papers to be made public, and the appointment of an "Independent Reference Group ... to look into the submissions ... and provide assistance in finalizing the document to ensure transparency in the process and that the legal drafters are held accountable to the people of Fiji". It also "believes that both the State and civil society must engage more constructively in dialogue and through the open forums and debates that will likely emerge over the next 14 months addressing issues of serious contentions."   Government may not agree with the details of these recommendations although it would probably accept the broad principles. But...

As always, the CCF asks for the impossible: "CCF also calls on the Bainimarama government to adhere to universal best practices and set up an interim administration by April 2014, six months before the planned elections in September to provide the final phases of the ever changing democratization process some legitimacy." There is no way Government will accept this request. A major reason for its not accepting the Ghai Draft Constitution was its provision for an interim administration leading up to the 2014 elections.   Does the CCF really think the Ro Teimumus, Qarares, Babas and Chaudhrys would be acting transparently in the interests of the people of Fiji during during this period?

And as always, the CCF request will not be heeded. Government may overlook its many inferences that Government is not to be trusted; it may also overlook the fact that the CCF makes no call on the Ro Teimumus, Qarares, Babas and Chaudhrys to act transparently and abandon their insistence on race-bound legislation and elections; but it will not hand over power before the elections. And no realist can reasonably insist that it should. If CCF wishes to be listened to by Government, it needs to rethink its intentions and tactics.

The trade union 'Discover Fji' campaign
The trade union release in the same week was far more demanding than the CCF's and played totally into government hands. Their promotion of a new campaign and website explicitly designed to turn prospective tourists away from Fiji will probably do little to dissuade tourists but it puts them on a direct collision course with Government.

And their cause is not helped by their statistics. Sixty percent of Fijian wage earners do not live below the poverty line; the cost of living is not "skyrocketing"; groups of three or more can meet without a permit; there is protection of minimum wages and conditions in the public sector; and the Courts did not rule in Government's favour with the so-called "trumped up charges in the courts"?

The unionists have a legitimate gripe with government on some issues but if they really want to be heeded in Fiji they need to speak to government, not overseas unions and prospective overseas tourists. Specifically, they should repeat their call for the repeal of Essential Industries Decree and other such legislation that adversely affects organized labour. They should give some credit for the minimum wages recently announced and other government actions aimed to help the Fiji economy and livelihoods. They should not align themselves with the old, tarnished political parties. And they should offer to work with government in areas of mutual interest, and support government moves towards the 2014 election.

Meanwhile, they will not be thanked by workers in the tourism industry whose livelihoods could be threatened by their campaign.

SUGAR PAYOUT WELCOME BUT ... Sugarcane farmers have received F$80 a tonne this year compared with F$50 little more than two years ago. Radio Australia reports that local farmers see this as a sign their industry has a bright future. Fiji Sugar Cane Growers Council CEO Sundesh Chetty calls it a "milestone achievement [and evidence of ] the tremendous support of the government and the stakeholders working together," Government has helped by pouring millions of dollars into the the mills and access roads, and in subsidising fertilisers. And the growers have responded by delivering "fresh and quality" cane to the mills.

This is good news, of course, but major reforms are still needed in the industry. Questions on the viability of small, largely unmechanised farms, transport, fair and secure leases to both parties, better use of byproducts, and the suitability of some land under cane and alternative or complementary crops cannot forever be left in the "too hard" bin.

BIG ENOUGH FOR BOTH. ABC's Campbell Cooney and Jenny Hayward-Jones of the Lowy Institute discuss Australian and China's aid and business in the Pacific and agree both have something to learn from the other.

MELANESIAN SPEARHEAD GROUP GETTING STRONGER. Thanks largely to the initiative of Fiji and the poorly played hands of Australian and NZ in suspending Fiji from the Pacific Forum, the MSG, unencumbered by the two countries that some see as neo-colonialists, is emerging as a serious player in Pacific trade and diplomacy. Listen to USP's Prof Biman Prasad talking to Radio Australia's Richard Ewan

Tourism and Medical Care 24/7

noreply@blogger.com (Crosbie Walsh) — Fri, 17 May 2013 21:02:00 +0000

Readers will remember the unnecessary death of Tom Seeto nearly a year ago. I publish this heart-breaking letter from his daughter Clarissa, out of respect for her and her family but also because of the very important message it contains for the Fiji Government, the Ministry of Heatlth and the Fiji tourism industry. Public health regulations should ensure that all airports and all hotels provide at least basic services, and a qualified doctor should always be on call at major hospitals. My question to Government and the Ministries of Health and Tourism is: What has been done since Tom Seeto's death to improve the situation that led to his untimely death while under your care? Democracy is far less about votes and elections than it is about caring for people. See my earlier report on 27 September last year.

Clarissa and Tom Seeto

Dear Crosbie,

It's been ten months since my father died. Its 3.36 am Sydney time and yet another sleepless night as I’m plagued by the pictures, moments of that day, never knowing or understanding how I came to lose my father in such tragic circumstances. Every day is ‘groundhog day’.

I was rummaging through papers that I couldn’t bear to look at since that day and stumbled upon the contact details, scribbled on a vomit bag from the doctor aboard the flight that day. I contacted her, and my husband, my daughter and I went to meet her.

She had asked Air Pacific for my details but they did not provide her with my information. Our meeting was extremely emotional as she has also suffered immensely from the events that occurred. The doctor informed me that she wrote a lengthy letter to Air Pacific and the airport about her disgust at the way the emergency was handled.

Both the doctor and the paramedic were appalled by the lack of skills shown by the so called ‘nurses’ who boarded the plane. Like me, she has also been reliving every moment.

Suddenly, I felt human again. Fortunately, she had recorded timed medical accounts. As a result, I learned that we had not been waiting for 20 minutes for Dad to be evacuated as I had previously thought. WE HAD WAITED 45 MINUTES FOR DAD TO BE EVACUATED FROM AIR PACIFIC.

She was informed that the reason ATS did not take Dad from the plane was because THERE WAS NO STRETCHER AVAILABLE TO REMOVE HIM. A gentleman in the seat in front of where Dad lay offered to carry him off and the nurses had said, “NO”.

I read the posts on your site and others and I have been most disturbed by comments people have made, in particular, “This is the first such incident, why are we making a big deal of it? It's not like, with all due respects, the dearly departed was not "of departing age". What is the big deal about”

I am making ‘A BIG DEAL’ about my father’s death because it should never have happened.

Raffles Gateway Hotel advertise 24 hour medical assistance as their service. Note what appears on Google.

Fiji Hotel - Raffles website - Fiji www.rafflesfiji.com/‎Fiji Hotel - Raffles, Fiji, Fiji ... Hotel, Fiji. Stay at the ideally located Raffles Gateway Hotel and enjoy the privacy and comfort of your fully ... 24hr Medical Service ...

The morning my father fell ill, my daughter pointed to this statement in their hotel handbook. I showed it to the front desk manager and was told there was no doctor available. The hotel manager, Hari Singh, and the front desk manager, were fully aware of the circumstance but made no effort to visit the room and investigate the situation.

Raffles Gateway hotel had a duty of care to us as their hotel guests. I have received a letter from Hari Singh that began with a condescending opening sentence which continued with a demeaning, belittling tone throughout the letter. There was no sincere offering of empathy or apologies. This was absolutely appalling behaviour from a person in a managerial position, considering the circumstances. Why has the Fiji Hotels Association not reprimanded Raffles?

Nadi International Airport had 1.5 hours notice from the pilot that there was an emergency landing taking place with a sick passenger on board. How is it possible that NADI INTERNATIONAL AIRPORT DOES NOT HAVE ANY EMERGENCY PROCEDURES IN PLACE?

When we landed in Sydney on our return, there was a sick passenger on board. Medics boarded the plane within minutes of landing and the person was evacuated. Why was my Father's body dumped on a gurney and taken off on a food catering truck with no medical facilities? Why were we not allowed to go with my father? Why we were not escorted to the hospital? Nadi airport has offered no answers and no apologies.

The Fijian Police involved lacked any type of professionalism. I am still in disbelief that an officer could not spell, “Tom”. That they thought not once but twice it was my husband who had died. And why did my daughter have to fill out the police report, whilst the officer sat there texting on his mobile?

I had just finished renovating my entire home for my father to move in with us on our return from Fiji. Now, I have to look at a room built for him that he will never use. He will never get to live in comfort surrounded by his only daughter and only grandchildren. He will never have the right to have died peacefully, gracefully and with dignity.

Instead, he died surrounded by strangers in the most tragic of circumstances and had his body treated in the most disrespectful, inhumane manner. People are dismissing this ‘incident’ because my father was elderly. If this had happened to a child, then there would be a public out roar, I’m sure. NOT GOOD ENOUGH. My father was a healthy 73 year old, looking forward to a new life in his new home.

I have every right to know what my father died from. I have spent sleepless nights researching frantically, going through his symptoms on that flight trying to find answers, trying to understand how someone was warm, living, breathing, talking to me and then dead.

I have to live with the image of my father’s soft brown aged eyes streaming with tears as I’m promising I will take care of him and take him home. I ache with the knowledge that my daughter watched her grandfather dying in front of her very eyes, watching the CPR and hearing his ribs crack. I see the blood seeping from the autopsy wound on his head, the white lining of the coffin stained with blood, every time I close my eyes.

AND THEY SAY,”WHAT’S THE BIG DEAL?”

As for the comment regarding the Australian High Commission, they were actually referring to the fact that they were aware of Fiji having poor emergency procedures in general not about my father’s case. They were not the only ones. Every government body I came into contact with was not surprised.

I also learned that a 40 year old yachting couple were in Vuda when his wife collapsed on the deck. He called an ambulance for over an hour and was told they were coming and they never came. His wife died and he had to transport her deceased body to a hospital in a taxi.

Another person was on holiday on one of the outer Islands when he cut himself swimming. He must have hit an artery and there was no medical help available and nobody knew how to apply pressure so he bled to death.

A woman had an accident and was pulled from a wreckage of a car. On her return to Australia she had to have several more surgeries to rectify the surgery that she had in Fiji. Had emergency services cut her out of the car properly she would not have needed the surgery in the first place.

I had been told this information as I had been explaining my story whilst in Fiji and this is what I was told by local people, and the Australian High Commission confirmed the stories they knew.

My son cut his foot on coral whilst we were staying at a major resort on the Coral Coast the week before my Dad died. My son was bleeding profusely so I asked the resort if they could locate their first aid box. This took about 20 minutes to locate. When the person brought it to me, there wasn't even a band aid in it. The contents were minimal; most items were out of date. I told the manager that they really should keep a fully stocked first aid kit in a hotel of that size.

At this time I thought, “Typical Fiji, the whole laid back attitude”. I thought it was kind of funny, once my sons bleeding had stopped. I realized later that even the simplest of emergency procedures were not practiced or seen as necessary.

While I was still in Fiji, I went to the Fiji Times and met with a reporter, telling her my story. She refused to print the story because no one else would comment. Now, I would think that a plane making an emergency landing is pretty big news.

I’m angry at both the Fijian government and the Australian government. In Australia, Smart Traveller needs to be accurate in the information they have on their site. Actual information about medical and health facilities available in Fiji should be made clear so that people can make informed choices, after all many families travel there with small children each year. I noted that American Smart Traveller lists the hospitals available, distances etc.

Fiji is a huge tourist destination and yet medical facilities are poor. Why can’t the Fijian government introduce a levy for hotels/resorts of which there are many to give a percentage of their profits to invest in the hospitals and most definitely improving Nadi Hospital and Nadi/Suva morgue? Nadi morgue was like walking into a horror movie. Why allow a casino to be built when you don’t have appropriate health services? Would this not also serve to help the local people, especially in remote areas.

Furthermore, Crosbie I appreciate your blog. It’s now 5.22 am and I’m tired. So many things went wrong that day and all I want is answers.

Kind regards

Clarissa Seeto

Lockington's Everyday Fiji ... Life Goes On

noreply@blogger.com (Crosbie Walsh) — Fri, 17 May 2013 21:00:00 +0000

'Hope Springs Eternal in the Human Breast'

First published in the Fiji Sun December 2010
By Allen Lockington

When I was growing up I remembered that Christmas was a joyous time for me. On Christmas Eve I was told to hang my pillow case at the top of the bed before I went to sleep. I did this from a very early age and when I woke up the pillow case would have toys, sweets and new clothes. When my parents, God rest heir souls, saw the delight in my squeals they would say Father Christmas came last night because you were a good boy. I would get up and hug them both.

Then we would attend a morning mass and like normal little children, I couldn’t wait to return home to play with my new toys and wear my new clothes. Sitting at the Sacred Heart Cathedral church in Suva, I would egg on the priest to end the mass quickly.

But after mass my parents would stand around to greet other people and talk about everything.
For me, my mind was at home. When we did get home my parents would cook and we would exchange dishes of food with our neighbour and I would go and play with the children. Some would have no toys so they were given one and we would just play until it was lunch time.

There would be a huge fight when one of the neighbour’s children would not part with a toy. Things would soon be solved and we would go home to eat a hasty meal, but come back to play again. For me Christmas was always the same. The pillow case would be hung up and Santa Claus would sneak into my room at night and bring me good things. As I grew older, I grew up hearing that there was no such thing as Father Christmas. Or like my neighbour Subhash would say, Christmas Father. I was stunned.

As I matured, the pillow case was no longer hung up and we moved in with extended family and had a Christmas tree. In the morning we would wake up and rush out to see what was under the tree.

Later in life I read that some organisation had published an article saying that we should not lie to children about Father Christmas because he doesn’t exist. It's bad to lie but for many children like me hope and fantasy almost died. For some children, hope died!

In Christianity, we live life by faith, good works and many other beliefs.Why did we listen to people who said that Father Christmas and the Easter Bunny existed? Were these the very same people who believed in the tooth fairy?

In this day and age we still need hope in our lives. As for parents who still treat their children like how my parents treated me, please carry on the tradition.Children need a little mystery and hope and believing in the unknown. This will make them grow up and look back to see how delightful their younger days were.
Hope happens when someone knows something, decides that it is pleasing, realises that they may not get it, but believes that there is still a chance of getting it. For me, I hoped for many good things when I hung up the pillow case.

Today I still have hope that things will get better. Let’s bring back the hope and wonderment this coming Christmas. Life can be an adventure howsoever you perceive it to be. A story that my dad told me when I was a child comes to mind.

Harry Griffin Lockington was a staff sergeant in the Royal Fiji Military Forces. We lived at the Queen Elizabeth barracks in Nabua, Suva, for some time and he probably heard the story from a visiting army officer from overseas. It goes like this:

‘An RAF airman was in his plane fighting the Japanese somewhere in the Pacific and his plane was shot down. As he drifted, he watched the fight taking place in the air. He saw many planes shot down and many pilots went down with their planes – Japanese and English alike.

In war nobody really wins. Then a Japanese pilot bailed out and floated down towards his life raft and he was taken prisoner. As they floated in the raft the Englishman asked his prisoner what he had. The chap said he had a box his father had given him to open when there was no more hope left. The hours grew into days and the Englishman said: “Open that bloody box and rescue ourselves.” The Japanese man said: “No, my father said only open when there is absolutely no hope left.”

They became delirious and the will to open the box came from the two men and then one would say: “No.” But soon they lost all hope and were just about to open the box when an American destroyer spotted their little dinghy and they were rescued.

The Japanese airman was taken prisoner and later on repatriated to his country when the war ended. Some 50 years later the Englishman received a letter from the Japanese man, inviting him to New York.
Prior to this they kept in contact throughout the war and had became pen friends. They both married and had children and were getting on with their individual lives.

The Japanese was much older and he knew he didn’t have many years left on his calendar so he wrote to his ‘mate-in-peace-time’. He said to meet him in Times Square, New York, and that he would pay for the air fare. He had ventured into business and became a millionaire.

They were delighted to see each other and without the publicity of the paparazzi the older man pulled out a well-kept box.

“Remember this box I had with me when we were in the South Pacific, whom my honorable father had given me to open only when there was no more hope,” the Japanese man said.

“Well today I want you to be beside me to open and see what would have rescued us if we gave up hope.”

Their wives, sitting at a respectable distance from them, peered curiously while sipping on wine. They too knew about the box. The Japanese man looked at his mate and said, “Here goes.”

He broke the seal and opened it. It was empty.’

Tears welled up in both the men’s eyes. They sat in silence each to their own thoughts.
In their 80s both men had seen many things, bad and good. The empty box and the realisation hit them hard.

They stood, hugged and shook hands and went their separate ways never to meet again, knowing that when they were in the life raft thousands of miles from land, there was still hope.

Both men will have died by now as I write this story again. You see, life is such that like those two brave men fighting for their countries, they hoped things would turn out good for them and their country.
Merry Christmas and may you bring back hope into your lives.

Allen Lockington is a self-employed customs agent and business consultant who has regular articles published in Fiji. I thank Allen for permission to reprint some of them in this political blog. They remind us that life goes on, whatever the political situation. And it's good to know that.

# THE NATIONAL TRAUMA OF MAY 1987

noreply@blogger.com (Crosbie Walsh) — Wed, 15 May 2013 06:22:00 +0000

# THE NATIONAL TRAUMA OF MAY 1987
Click on the title above to read Graham Davis's experience and views on lessons learnt on the 1987 coup.

Need to Tweak Government Draft Constituton

noreply@blogger.com (Crosbie Walsh) — Sat, 11 May 2013 23:05:00 +0000

Some helpful suggestions by Dr Shameem on eradicating institutional racism (the CERD recommendations), corruption and the Ombudsman's Office, and the State's limitation of rights. --Ed.

Comments on the Government’s draft Fiji Constitution 2013

in response to Government’s request for feedback

By Dr Shaista Shameem

My few short comments on the Government’s draft 2013 Constitution are as follows:

General

The main principles of constitutional governance promoted by the Government in its public statements are:

elimination of institutionalised racial discrimination;
elimination of corruption and bad governance; and
protection of all constitutional rights, including economic, environmental and social rights.

Whether the draft Constitution 2013 is consistent with the Government’s expressed principles of constitutional governance and with international law.

(i) Elimination of institutionalized racial discrimination

The draft Constitution 2013 provides equal rights for all irrespective of race or ethnicity.

Problem:

The draft does not accord with important 2012 recommendations of the United Nations Committee on the Elimination of All Forms of Discrimination^¹ which Fiji is obliged to follow as a State Party to the International Convention on the Elimination of All Forms of Discrimination.

The CERD Committee recommended to the Fiji Government as follows:

(a) Disaggregated data to be made available on the socio-economic situation of Fiji’s different ethnic groups to show which groups suffer socio-economic disadvantage

(b) Fiji to impose special measures (affirmative action) to improve the participation of minority groups in public administration and politics since, currently, minority groups are disadvantaged in these areas. Any special measures to be based on disaggregated data which should be publicly available.

(c) Fiji to enact specific legislation against racial discrimination- especially law which criminalises racial motives as an aggravating factor in criminal activity.

(d) Fiji to secure the free, prior and informed consent and consultation of the indigenous peoples regarding their permanent rights as a group.

(e) In 2013 Fiji to report back to the Committee on (i) minority participation in public and political life and its affirmative action plans to restore balance in these areas; (ii) disaggregated data on protection of economic, social and cultural rights of minority groups; and (iii) rights of indigenous peoples.

My Recommendations on (i):

that the Fiji Government ensure that the draft 2013 Constitution is consistent with the 2012 recommendations of the CERD Committee so as to eradicate institutionalized racial discrimination in Fiji..

that the Fiji Government declare, in good faith and in adherence to its own theory of constitutional governance, that individuals and groups in Fiji can petition the CERD Committee through the Article 14 procedure of the Convention on the Elimination of All Forms of Racial Discrimination:

Art. 14 CERD: A State Party may at any time declare that it recognises the competence of the Committee to receive and consider communications from individuals or groups of individuals within its jurisdiction claiming to be victims of a violation by that State party of any of the rights set forth in this Convention.

Elimination of Corruption and Bad Governance

The draft 2013 Constitution contains the section 141 provision on accountability and transparency of all public officers in the declaration of their assets, liabilities and financial interests.

Whistleblowers will be protected by law.

Problems:

There is a clash between section 141 wide-ranging right of the public to personal information of public officers and the right to personal privacy protected by section 24, as well as the right to security (especially security of family members including children) provided by section 130 (2) of the Constitution.

The removal of the Office of Ombudsman from the draft 2013 Constitution means that the free service previously available for people alleging mal-administration or misconduct by public officers has been eliminated.

My Recommendations on (ii):

Section 141 should contain limitations on the type and extent of public access to personal information

The Ombudsman’s Office as a free (constitutional) public service for investigation of maladministration should be retained in the Constitution (as per the People’s Charter) despite the new section 16 Executive and Administrative Justice which can only be enforced by the courts, thus making it expensive and cumbersome for the ordinary people to access.

(iii) Constitutional protection of all human rights, including economic, environmental and social rights

Additional rights have been formally included in the Government’s draft Constitution, incorporating elements from the Social Justice (Compact) provisions of the 1997 Constitution.

Problems:

(i) The Bill of Rights provisions do not include an important clause to curb absolute state authority – missing is the phrase ..’as long as it (State limitation of rights) is reasonable and justifiable in a free and democratic society’. This phrase was included in all the relevant provisions of the 1997 Constitution and is a feature of international human rights law.

The phrase means that it is permitted for a State to limit some (not all) fundamental rights as long as those limitations ‘would be reasonable and justifiable in a free and democratic society’.

This is the most serious flaw in the Government’s draft Constitution and affects the whole Constitution because it allows any government to impose limits on people’s rights even if those limits would not be allowed in a free and democratic society. The lack of justification of state limitations of rights to the courts is not cured by Sections 3 and 7 interpretation sections of the 2013 draft Constitution.

(ii) The definition of human rights is not included in the interpretation section of the Constitution

My Recommendation on (iii)

The phrase ‘…as long as the limitation is reasonable and justifiable in a free and democratic society’ should be included in each relevant rights limitation in the Constitution. Without that inclusion, the Government’s draft Constitution 2013 is not fully human rights compliant, contrary to the Government’s statements to the people that their rights are protected by its draft.

In view of the double-entrenchment of the Constitution - because any amendment can only be made by both Parliament and a public referendum with two thirds majority of the registered voters voting for it- it is very important that this phrase is included in the Constitution.

The definition of human rights should be included in the interpretation section of the Constitution.

3. Conclusion

Despite its good points, the Government’s draft constitution 2013 does not represent a ‘social contract’, based on equality between the people of Fiji and the State, which is the fundamental principle of constitutional law.

In important respects it does not follow even its own expressed principles of constitutional governance.

It is an authoritarian constitution where the State’s authority is favoured above people’s rights, as evidenced by the Bill of Rights chapter, despite additional rights being provided.

It also ignores the CERD Committee’s 2012 recommendations on minority group protection.

A proper and informed discussion, rather than the rushed roadshow currently being performed by government, would have allowed the people of Fiji to have a meaningful input into what would be the supreme law directing all their actions in future in their own country.

With its draft 2013 Constitution, the Government seems to have lost a wonderful opportunity to write law in the public interest.

TWO IMPORTANT RECOMMENDATIONS: (i) The Government should comply with the recommendations of the CERD Committee; and (ii) the people of Fiji can insist that the phrase ‘…as long as any limitation (of rights) is reasonable and justifiable in a free and democratic society’ be added to each relevant provision of the Bill of Rights chapter. The inclusion of this phrase will cure many of the shortcomings of the Government’s draft Constitution 2013.

April 2013

1 CERD/C/FJI/CO/18-20

PINA Adddress on World Press Freedom Day 2013

noreply@blogger.com (Crosbie Walsh) — Fri, 10 May 2013 21:06:00 +0000

By Moses Stevens Pacific Islands News Association

Media development in the Pacific is progressing well in terms of infrastructure and human resources indicating or portraying the fact that there needs to be some good attention paid to the sector as a significant player or component in the whole concept of "good governance" in the region.

PINA has always maintained that media being the 'traditional' fourth estate in any democracy, has a significantly important role in nation building in any country; And that as such media needs to be rightfully given its place as one of the components in an open, transparent and accountable governance system.

This year we celebrate the theme "Safe to Speak" to mark World Press Freedom Day on 3 May.

For this, PINA would like to call on the members of the Pacific media family to think beyond their line of duties and the work they do in gathering, compiling and disseminating information as the normal process of informing, educating and entertaining our societies, and think of the part of the people and how this year's theme is relevant to them.

Do our people understand the role of the media? Do they know how to use the media? Do our leaders in our democratic island countries understand the role of the media and are they ready to accept it as a component of good governance?

"Safe to Speak" would be better understood or appreciated only when the above questions are addressed at all levels of our Pacific societies.

At this point PINA would like to call on all governments of the region to help establish, strengthen and empower their national media associations, through their appropriate ministries.

We need strong national media associations in the countries of the Pacific, with their own local and regional journalism code of ethics and self regulatory mechanisms to ensure professionalism among practitioners (mindful of our respective countries' cultural, spiritual and moral values) and to avoid the industry being taken over by investors (who may not be media professionals) who would be more interested in the money making side of the industry.

This is crucial because the quest to make more money often leads to misreporting and or misrepresentation of issues that then leads to governments stepping in, and in some instances causing unwarranted "unsafe" working environment for genuine and professional media practitioners and operators.

The Pacific needs a media free environment through and with which the people, at all levels and status within the society, are guaranteed their safety to speak and to express their views and opinions freely and without fear.

We have and continue to proclaim in our societies that Media Freedom is the people's freedom. But we in the Pacific media and especially the local associations, have a lot yet to do in helping our people understand our work and responsibilities in being their eyes, their ears and their mouthpiece.

To our governments, we are their mirror in which they look to check on their leadership, and the successes and failures/weaknesses in their leadership. From a proactive view, this is important for the governments to be more transparent, accountable and honest to their electorates and the nation as a whole.

Therefore, PINA would like to call on all media companies and organizations to join their national media associations in making this year's celebrations of WPFD the beginning of revisiting their national media bodies, and the need to re-unite in re-building their associations.

PINA also calls on all Pacific governments to take a more proactive approach toward their respective media industries in providing support toward establishing or strengthening their national media associations, through enhanced closer working relationship in exploiting and developing, and protecting their respective media sectors.

Moses Stevens- PINA President (mo.stevens@yahoo.com)

Press Freedom in a Democratic Society

noreply@blogger.com (Crosbie Walsh) — Fri, 10 May 2013 21:02:00 +0000

This speech is particularly valuable at the present time because it deals with contempt of court, hate speech and defamation of character. - Ed.

Nazhat Shameem^¹

Speech at World Press Freedom Day, May 3 2013.

University of the South Pacific School of Journalism,Suva, Fiji

“If liberty means anything at all, it means the right to tell people what they do not want to hear.”
― George Orwell

“There is a fine line between free speech and hate speech. Free speech encourages debate whereas hate speech incites violence.”
― Newton Lee, Counterterrorism and Cyber security: Total Information Awareness

Introduction

Freedom of speech and freedom of the press sit uneasily with recognised limitations on both freedoms. Perhaps the best way to describe the relationship is to say that we are free to speak, but not when it deprives another of a right or freedom. The balancing of these rights, freedom of speech with rights of privacy, freedom of speech with the rights not to be defamed, freedom of speech with the right not to be made the subject of hate speeches, freedom of speech with the authority and independence of the courts, showcases a difficult area of the law. Even in those countries which have not adopted a constitutional bill of rights, such as Australia, and New Zealand, the judiciary is expected to balance competing laws and freedoms using the common law. In a country which has lived with a constitutional bill of rights at least since 1970, we have become accustomed to a regime which can strike down laws made by Parliament, because they are inconsistent with the rights and freedoms guaranteed in the Constitution. Important in the 1997 Constitution and the draft 2013 Constitution is the important role of the judiciary and the legal profession in learning to balance these rights in accordance with the rules of interpretation set out in the Constitution. In this paper, I will set out what the law says about the relationship between freedom of the press and the rights and freedoms of others, in three significant areas – the law on defamation of character, the law on hate speeches and the law on contempt of court.

Freedom of the Press

The Universal Declaration of Human Rights considered freedom of speech as so fundamental to liberty that it said in its Preamble;

“Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people;”

Article 19 of the Declaration simply set out the right without limitations. It says;

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

A more pragmatic International Covenant on Civil and Political Rights provided as follows, accepting that freedom of expression came with “duties and responsibilities” and prohibiting war propaganda and hate speeches^²;

“Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”

Even more pragmatically the European Convention of Human Rights under Article 10 defines the right to freedom of speech and opinion in this way;

“1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

The European Convention came in to force in 1970, and has been the source of many rights based constitutions since that time. It was clearly the basis of the freedom of expression provision in the 1997 Constitution and in the 2013 draft Constitution. The right which is the right to express speech and writing and encompasses press freedom is, according to jurisprudence, to be broadly interpreted and in a purposive way. In other words, features of journalism such as the protection of sources are seen as being intrinsic to the right itself. Any law which purports to require the disclosure of sources is prima facie in breach of the right, because the protection of sources is an enabling factor for freedom of expression itself. Similarly any attempt to tap telephones of journalists, or to hack in to their emails, would be an impermissible restriction on freedom of expression. The European Court determined the issue, in a case in which a Ukrainian newspaper was sued successfully by a Member of Parliament for defamation of character for publishing amongst other articles this comment;

“ Petro Mykolayovych might be offended by The Day again. In vain. Here a parable has just dawned on me. In bitter weather a little sparrow was frozen while flying and collapsed. A cow was passing by and a cowpat fell directly onto the little sparrow. He warmed up, put his little head out and started chirping, in a gleeful mood. And at this point a cat enters, sneaks up on him and there is no more little sparrow. The moral: if you get into dung, just sit there and do not chirp. And remember, not everyone who excretes on you is your enemy and not everyone who pulls you out of the dung is your friend. I apologise for being so straightforward.”

The newspaper took the issue to the European Court on the basis that the decision of the national court was in breach of Article 10 of the European Convention. The Court held that there was a breach. It said at paragraph 40^³;

“Article 10 protects not only the substance of the ideas and information expressed, but also the form in which they are conveyed (see Oberschlick v. Austria (No. 1), judgment of 23 May 1991, Series A no. 204, p. 25, § 57). Journalistic freedom also covers possible recourse to a degree of exaggeration, or even provocation (see Prager and Oberschlick v. Austria (no. 1), judgment of 26 April 1995, Series A no. 313, p. 19, § 38). Subject to Article 10 § 2, the right to impart information freely is applicable not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no “democratic society” (see Handyside v. the United Kingdom, judgment of 7 December 1976, Series A no. 24, p. 23, § 49).”

The Court looked at the facts and answered the questions which all judges now ask in cases of alleged breaches of rights;

1. Was there an interference of the right to freedom of expression?

2. Was the interference justified?

3. Was the interference prescribed by a law?

4. Did the interference pursue a legitimate aim?

5. Was the interference necessary in a democratic society?

6. Was the interference proportionate to the legitimate aim?

The Court found that the newspaper had published articles which were “value judgments” or opinion columns, and that although they had used strong and sarcastic language^⁴, the finding of defamation was disproportionate to the legitimate aim of a law to protect character and reputation.

In another case before the Court^⁵, the Daily Mirror alleged a breach of the Article 10 right in relation to an article which said;

“Supermodel Naomi Campbell is attending Narcotics Anonymous meetings in a courageous bid to beat her addiction to drink and drugs.

The 30-year old has been a regular at counselling sessions for three months, often attending twice a day.

Dressed in jeans and baseball cap, she arrived at one of NA’s lunchtime meetings this week. Hours later at a different venue she made a low-key entrance to a women-only gathering of recovered addicts.

Despite her £14 million fortune Naomi is treated as just another addict trying to put her life back together. A source close to her said last night: 'She wants to clean up her life for good. She went into modelling when she was very young and it is easy to be led astray. Drink and drugs are unfortunately widely available in the fashion world. But Naomi has realised she has a problem and has bravely vowed to do something about it. Everyone wishes her well.'

Her spokeswoman at Elite Models declined to comment.”

The newspaper had published the article along with two colour photographs on the front page of the Mirror with the headline – “Naomi – I am a drug addict”. A photograph of Ms Campbell hugging two unidentified persons had been taken by a photographer (who free lanced and had been contracted by the newspaper on this occasion) from inside a parked car. Her lawyer complained about the breach of privacy. The newspaper responded with more articles. One said that; “After years of self-publicity and illegal drug abuse, Naomi Campbell whinges about privacy”.

At a further threat to commence proceedings the newspaper;

“published, under the heading “Fame on you, Ms Campbell”, a further article mocking Ms Campbell's threatened proceedings, referring to the years during which she thrust “her failed projects like the nauseating book Swan and equally appalling record Love and Tears down our throats”, stating that Ms Campbell was not an artist and that she was “about as effective as a chocolate soldier”, implying that her prior campaign against racism in the fashion industry was self-serving publicity and that “the problem is that Naomi doesn't actually “stand” for anything. She can't sing, can't act, can't dance, and can't write.”^⁶

Ms Campbell sued for breach of confidence under the UK Data Protection Act 1998. The High Court found in her favour and awarded her damages for the breach of privacy as well as aggravated damages for the offensive manner in which the newspaper had insulted her. On appeal to the Court of Appeal the newspaper’s appeal was allowed, the Court of Appeal holding that Ms Campbell had courted publicity rather than shunning it, and that the information was of legitimate public interest. The House of Lords disagreed, and allowed Ms Campbell’s appeal. One judge^⁷ held that the right to privacy and freedom of speech had equal weight and value in a democratic society, and that although the media had the freedom to make editorial choices in relation to publication and how articles were to be published, there was no social or political need to report Ms Campbell’s private visits to a rehabilitation clinic. Baroness Hale balanced the rights in this way;

“. Put crudely, it is a prima donna celebrity against a celebrity-exploiting tabloid newspaper. Each in their time has profited from the other. Both are assumed to be grown-ups who know the score. On the one hand is the interest of a woman who wants to give up her dependence on illegal and harmful drugs and wants the peace and space in which to pursue the help which she finds useful. On the other hand is a newspaper which wants to keep its readers informed of the activities of celebrity figures, and to expose their weaknesses, lies, evasions and hypocrisies. This sort of story, especially if it has photographs attached, is just the sort of thing that fills, sells and enhances the reputation of the newspaper which gets it first. One reason why press freedom is so important is that we need newspapers to sell in order to ensure that we still have newspapers at all. It may be said that newspapers should be allowed considerable latitude in their intrusions into private grief so that they can maintain circulation and the rest of us can then continue to enjoy the variety of newspapers and other mass media which are available in this country. It may also be said that newspaper editors often have to make their decisions at great speed and in difficult circumstances, so that to expect too minute an analysis of the position is in itself a restriction on their freedom of expression.”

The appeal was allowed and the High Court decision was restored. The newspaper appealed to the European Court. The Court asked the same questions it had asked in the case of Ukrainian Media Group v. Ukraine^⁸;

1. Was this an interference with Article 10?

Ans; Yes.

2. Was it prescribed by law?

Ans: Yes (the common law on privacy and the Data Protection Act 1998).

3. Was there a legitimate social aim?

Ans; Yes, the protection of privacy.

4. Was the interference necessary in a democratic society?

Ans; Yes, it involved the publication of information which was private, caused distress, and was covertly obtained with the use of a long range camera.

The Court upheld the decision of the House of Lords on this basis and found no breach of Article 10.

There are many other cases decided by the European Court which show this balancing exercise. What is evident is that the Court will not readily permit restrictions of the right to freedom of expression unless the domestic law has passed a prescribed law which is predictable and foreseeable in its applicability, unless there is a legitimate social aim pursued by the restriction and unless the law is proportionate to the aim. In short, it is easier to rely on the right, than it is to rely on the exception to the right. In Lindon, Otchakovsky-Laurens and July v. France ^⁹ the Court said this about the meaning of the words “necessary in a democratic society”;

“Freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual's self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend shock or disturb. Such are the demands of pluralism, tolerance and broadmindedness without which there is no “democratic society”. As set forth in Article 10, this freedom is subject to exceptions, which must, however, be construed strictly, and the need for any restrictions must be established convincingly.”

Contempt of Court

In 1968 in the case of Regina v Commissioner of Police of the Metropolis, Ex Parte Blackburn^¹⁰, Lord Denning said that;

“it is the right of every man in Parliament or out of it, in the Press or over the broadcast, to make fair comment, even outspoken comment, on matters of public interest. Those who comment can deal faithfully with all that is done in a court of justice. They can say that we are mistaken, and our decisions erroneous, whether they are subject to appeal or not. All we would ask is that those who criticise us will remember that, from the nature of our office, we cannot reply to their criticisms. We cannot enter into public controversy. Still less into political controversy. We must rely on our conduct itself to be its own vindication.”

The case itself has been so often referred to, that we often forget what it was about. Mr Quentin Hogg was a Member of Parliament and a Queen’s Counsel in England. A Gaming Act had been passed by Parliament which had attracted some controversy. The Court of Appeal delivered a judgment on provisions of the Act, which prompted Mr Quentin Hogg to write the following in an edition of Punch;

"The recent judgment of the Court of Appeal is a strange example of the blindness which sometimes descends on the best of judges. The legislation of 1960 and thereafter has been rendered virtually unworkable by the unrealistic, contradictory and, in the leading case, erroneous, decisions of the courts, including the Court of Appeal. So what do they do? Apologise for the expense and trouble they have put the police to? Not a bit of it. Lambaste the police for not enforcing the law which they themselves had rendered unworkable and which is now the subject of a Bill, the manifest purpose of which is to alter it. Pronounce an impending dies irae on a series of parties not before them, whose crime it has been to take advantage of the weaknesses in the decisions of their own court. Criticise the lawyers, who have advised their clients. Blame Parliament for passing Acts which they have interpreted so strangely. Everyone, it seems, is out of step, except the courts.... The House of Lords over-ruled the Court of Appeal.... it is to be hoped that the courts will remember the golden rule for judges in the matter of obiter dicta. Silence is always an option."

This was trenchant criticism, and pointed in the extreme. But, said the Court of Appeal, it was not contempt of court. Lord Salmon said of this article that;

“It follows that no criticism of a judgment, however vigorous, can amount to contempt of court, providing it keeps within the limits of reasonable courtesy and good faith.”

A good guide to journalists is to ask whether the criticism they are publishing is a criticism of the judgment or of the judge. If it is the latter, they may fall into the pot hole of contempt. If it is the former, it is generally a valid criticism of the judgment, even if the criticism is not supported by everyone. However attacks on the judiciary as an institution, or of individual judges are almost always contempt of court. In the case of Parmanandam v Attorney-General (1972) 18 FLR 90 (per Grant C.J), a lawyer attacked the then Chief Justice, the judicial administration, the way in which Court of Appeal judges were appointed, and the policy of promoting magistrates, in a political pamphlet issued on behalf of the National Federation Party. The pamphlet promised to “clean the judiciary once and for all so that in future there would be no need for any further attacks on the judiciary…” He was held to be in contempt of court. And the conviction was upheld by the Court of Appeal. The Court held;

“…There was a clear imputation that the Chief Justice had disregarded basic and elementary principles of justice. It was an imputation both false, and, when coming from an officer of the Court, unworthy. In its judgment now under Appeal the Supreme Court pointed out, quoting R v Dunbabin; Ex parte Williams (1935) [52 CLR 248] that the power to punish for contempt is not for the personal vindication of the judges; the real offence is the wrong done to the public by weakening the authority and influence of a tribunal which exists for the public good alone. It referred also to the difference between freedom of speech and licence; pointing out that while it is open to all to criticise the administration of justice temperately and fairly, criticism which is actuated by malice or which imputes improper motives to those taking part or which is calculated to bring a court or judge into contempt or lower his authority, cannot shelter behind the bulwark of free speech.”

The principles behind the law on contempt of court are now very clear. The law is intended to protect the administration of justice which gets its legitimacy from public confidence in the judiciary. It is intended to protect the authority of the courts from imputations of bias or improper motives, but does not exist for the vindication of individual judges. Indeed, it is an exercise of freedom of speech to criticise judgments as long as the criticism is within the bounds of courtesy and fairness. It is not acceptable to allege the judges are biased, or corrupt, or motivated by political motives or by dishonesty.

In Re Mahendra Pal Chaudhary (Unreported, High Court of Fiji, HBM00003J of 1998, per Fatiaki J), the Secretary-General of the Fiji Labour party presented a pamphlet^¹¹ to a meeting of party delegates in 1997 stating that it was a well known fact that lawyers were receiving agents for magistrates and judges and that a number of lawyers “are known to arrange for them to appear before their preferred magistrates and judges.” The High Court found that the words used were “deliberately chosen and used by the respondent” and that they were “intemperate and inflammatory”. He was convicted of contempt of court. The conviction was upheld by the Court of Appeal, the Court finding that the common law offence of scandalising the court involved attacks upon the integrity or impartiality of the courts or of judges, and that “the mischief aimed at being a real risk of undermining public confidence in the administration of justice…. must be established beyond reasonable doubt”^¹²

That continues to be the test applied in contempt of court cases in Fiji. The high threshold of a “real risk of undermining public confidence in the administration of justice” generally satisfies the test applied by international human rights courts in deciding whether the limitation to free speech is justifiable in a democratic society. It is the test applied under the 1997 Constitution in Attorney-General v Fiji Times, Rex Gardner and Netani Rika^¹³ and in the subsequent case of Attorney-General v Tai Nicholas ^¹⁴. In the former case, the Fiji Times published a letter which called the Chief Justice and two other judges corrupt and biased, and in the latter, the Fiji Times published an article after the disciplinary proceedings of Doctor M.S. Sahu Khan, an official of the Oceania Football Confederation and of the Fiji Football Association, had been concluded in the Independent Legal Services Commission. The article quoted Tai Nicholas, the General Secretary of the Oceania Football Confederation as saying, in relation to the Commission’s findings;

“You should be aware that with no judiciary there, his case has been reviewed by one Australian judge. It is not a court per se”.

The comment was first published in a newspaper in New Zealand but re-published by the Fiji Times. In both cases the following passage from Attorney General v Times Newspaper Ltd [1973] 3 WLR 298 was cited with approval;

“…in any civilised society it is a function of the government to maintain courts of law to which its citizens can have access for the impartial decision of disputes as to their legal rights and obligations towards one another individually and towards the state as representing society as a whole. The proviso of such a system for the administration of justice by courts of law and the maintenance of public confidence in it are essential if citizens are to live together in peaceful association with one another.”

In both cases there were findings of contempt of court.

Of course there is a danger of the inappropriate use of the contempt jurisdiction of the court. There are two mechanisms to control such conduct. The first is the use of the appeal process and the common law definition of contempt of court law. The second is the use of international jurisprudence on permissible limitations on the right to free speech. The first was used to set aside a criminal contempt conviction of one Herbert Wise^¹⁵ who was heard by a magistrate to yawn very loudly in the corridor of the courthouse. The magistrate called the defendant into the courtroom, and told him to remain there. He refused, and was arrested and taken before another magistrate who convicted him and ordered that he serve two months in prison. On appeal to the High Court, it was held that aggressive, abusive or contemptible conduct towards the judicial officer was capable of constituting disrespect to the court, but that yawning in the court precinct did not.^¹⁶ The conviction was quashed. Sadly for the appellant, he had already served his sentence when the appeal was heard.

Hate speeches

Fiji’s laws have included a prohibition on hate speeches for decades. The Public Order Act had and has a section on racial vilification and the law of sedition under the Penal Code included a mens rea element of intending to “promote feelings of ill will and hostility between different classes of the population of Fiji”. The maximum sentence for sedition was two years imprisonment, and/or $200 fine on a first conviction.^¹⁷ Hate speeches create an area of possible incompatibility with freedom of speech and require careful balancing by journalists and the courts. Is there a right to publish potentially offensive material, even when the material will offend a community? Under the Penal Code, it appeared that there was, and that a speech only became seditious when there was evidence that the speech would promote ill will between communities.. The courts were required to look at this balance, between freedom of speech and sedition in a number of cases which emerged from the events of 1987 and 2000. These cases arose from various activities on the island of Rotuma.

In DPP v Afasio Mua and Others^¹⁸ a group of people in Rotuma made plans to separate Rotuma from Fiji. The Court of Appeal considered the offence of sedition in relation to freedom of speech and expression. It found that because the offence of sedition had available defences of an intention of trying to effect lawful change in the laws or government, the necessary balance was achieved. The Court of Appeal said that;

“The purpose of the offence is to prevent any unlawful attacks on the tranquillity of the State but it is not intended to prevent legitimate political comment. Deeply held political convictions frequently provoke strong emotions, but there is authority to show that even strong or intemperate words or actions may not demonstrate a seditious intention if done with the purpose of expressing legitimate disagreement with the government of the day…..When determining that, the Courts should always be reluctant to extend any inroads on the protected constitutional freedoms. They should look at alleged seditious actions with a free, fair and liberal spirit. The Court should bear in mind that genuine political dissent is often the ground from which democracy grows and always be vigilant that a charge of sedition is not used simply as a means to suppress it.”

In State v Gagaj Rafeok Riogi^¹⁹ a case arising from a decision of a group of people in Rotuma to set up a rival government on Rotuma and to reject the Rotuma Council, the High Court held that even if an idea is unpopular, if all it does is advocate a change in government through lawful means, it is not seditious. It is only when a person advocates change through unlawful means or promotes ill will and hostility between different classes of the population, that a prosecution is justified.

The same offence, with the same statutory defences is included in the 2009 Crimes Decree. A recent conviction under the Crimes Decree section shows that the courts continue to apply the same test. In State –v- Lesuma Batialiva Raicebe, Joveci Namoumou & Avenai Navisalaki [2011]^²⁰ (per Madigan J) the accused were convicted of writing graffiti on various parts of Fiji calling on the military and the President to remove the Prime Minister from office. The Court held that there was clear evidence of a seditious intention. The mischief was the advocating of the use of unlawful means to remove the Prime Minister.

Section 65 of the Crimes Decree creates a new offence of inciting communal discord, for which there is no need to prove an incitement to violence. In this regard, it is comparable to the offence of sedition. The section provides;

“A person commits an indictable offence (which is triable summarily) if the person by any communication whatsoever including electronic communication, or by signs or by visible representation intended by the person to be read or heard—

(a) makes any statement or spreads any report which is likely to—

(i) incite dislike or hatred or antagonism of any community;

(ii) promote feelings of enmity or ill-will between different communities, religious groups or classes of the community; or

(iii) otherwise prejudices the public peace by creating feelings of communal antagonism; or

(b) makes any intimidating or threatening statement in relation to a community or religious group other than the person’s own which is likely to arouse fear, alarm, or insecurity amongst members of that community or religious group.

Penalty— Imprisonment for 10 years.”

This is an interesting section, because it narrows the gap between speeches which are inciteful and discriminatory, and those which are made in bad taste or in breach of good manners. The limitations to freedom of speech are not intended to prevent publishing material of bad taste, only to prevent discrimination or the breaches of the rights of others. Is a homophobic speech a breach of section 65? Is a racist speech about the Chinese community a breach of section 65? Do racist speeches incite dislike or hatred or antagonism of the victim community? In my opinion, all such speeches fall within the perimeters of section 65. There have been no prosecutions in Fiji under section 65, and its provisions are similar to the amended section 17 of the Public Order Act, in relation to which there have similarly been no convictions. The Public Order Act^²¹ makes religious and racial vilification an offence (the maximum penalty is also 10 years imprisonment) and defines racial vilification as “conduct that offends, insults, humiliates, intimidates, incites hatred against, serious contempt for, or revulsion or severe ridicule of another person or group of people on the grounds of their race, colour, national or ethnic origin”. However the terms of section 2 of the Public Order Act are even wider than the Crimes Decree provision in that conduct which insults or offends or humiliates a person or group is sufficient to constitute a criminal offence. What might be tolerated in another country as merely bad taste or bad manners, could lead to prosecution in Fiji. This is perhaps because of our political history, and it appears that such a broadly defined offence is still consistent with the ICCPR, which requires that: “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law”.

Thus, the right to prohibit hate speeches is preserved in the ICCPR, and in the European Convention. In the future how will Fiji’s court balance freedom of expression with the right to be protected from hate speeches?

The 2012 Australian Press Freedom Report^²² noted the increasing number of journalists who were subject to complaint under the Racial Discrimination Act. In 2011 the Australian Federal Court found that columnist Andrew Bolt had breached section 18 of the Racial Discrimination Act. Nine Aboriginal applicants had brought a class action against Bolt and the Herald and Weekly Times for unfairly distinguishing them as “fair-skinned Aborigines” who sought affirmative action by identifying themselves as Aboriginals.

How has the European Court balanced these rights? In Giniewski v France^²³ a newspaper published an article, which (it was claimed) was insulting to those of the Christian faith. The article contained the following;

“The Catholic Church sets itself up as the sole keeper of divine truth ... It strongly proclaims the fulfilment of the Old Covenant in the New, and the superiority of the latter ...

... Many Christians have acknowledged that scriptural anti-Judaism and the doctrine of the 'fulfilment' [accomplissement] of the Old Covenant in the New led to anti-Semitism and prepared the ground in which the idea and implementation [accomplissement] of Auschwitz took seed.”

The newspaper and the author were charged under the French criminal law with making racially defamatory statements against the Christian community. They were convicted and also found to be civilly liable for defamation. On appeal, the Court of Appeal in France overturned the convictions. However they were partially restored on further appeal. The matter went before the European Court, which considered the relationship between the speech and Article 10 of the Convention. The Court held that the prosecution of the newspaper and the writer was a restriction on the right to free speech, but that the restriction was in accordance with a prescribed law (the criminal law of France) and for a legitimate purpose, that is to protect religious freedom and to prevent the defamation of a group, namely the Christian community. However the Court held that the proceedings in France were a violation of Article 10. Its reasoning was interesting;

“The Court considers, in particular, that the applicant sought primarily to develop an argument about the scope of a specific doctrine and its possible links with the origins of the Holocaust. In so doing he had made a contribution, which by definition was open to discussion, to a wide-ranging and ongoing debate……without sparking off any controversy that was gratuitous or detached from the reality of contemporary thought….. By considering the detrimental effects of a particular doctrine, the article in question contributed to a discussion of the various possible reasons behind the extermination of the Jews in Europe, a question of indisputable public interest in a democratic society. In such matters, restrictions on freedom of expression are to be strictly construed. Although the issue raised in the present case concerns a doctrine upheld by the Catholic Church, and hence a religious matter, an analysis of the article in question shows that it does not contain attacks on religious beliefs as such, but a view which the applicant wishes to express as a journalist and historian. In that connection, the Court considers it essential in a democratic society that a debate on the causes of acts of particular gravity amounting to crimes against humanity should be able to take place freely…..Furthermore, it has already had occasion to note that “it is an integral part of freedom of expression to seek historical truth”, and that “it is not its role to arbitrate” the underlying historical issues….. While the published text, as the applicant himself acknowledges, contains conclusions and phrases which may offend, shock or disturb some people, the Court has reiterated on several occasions that such views do not in themselves preclude the enjoyment of freedom of expression…..Moreover, the article in question is not “gratuitously offensive”, or insulting, and does not incite disrespect or hatred. Nor does it cast doubt in any way on clearly established historical facts…………………….. In these circumstances, the reasons given by the French courts in support of the applicant's conviction cannot be regarded as sufficient to convince the Court that the interference in the exercise of the applicant's right to freedom of expression was “necessary in a democratic society”; in particular, his conviction on a charge of public defamation towards the Christian community did not meet a “pressing social need”.

The question for Fiji is - what is a comment which is “gratuitously offensive” to one or other of its communities? What is insulting? What will incite disrespect or hatred? It would appear from the words used by the European Court, that the terms of section 65 of the Crimes Decree and section 17 of the Public Order Act prima facie do not offend the right to freedom of speech. However all will depend on the words used, and the way in which a publication expresses itself.

Section 17 of the draft Constitution specifically permits restrictions on free speech in respect of hate speeches for;

“the protection or maintenance of the reputation, privacy, dignity, rights or freedoms of other persons, including––

(i) the right to be free from hate speech, whether directed against individuals or group”

And the term “hate speech” is specifically defined in terms of the prohibited ground of discrimination. Section 17(4) provides that;

“In this section, "hate speech" means an expression in whatever form that encourages, or has the effect of encouraging discrimination on a ground listed or prescribed under section 26.”

Two comments can be made about this proposed provision. One is that in linking hate speech with protection from discrimination, this limitation is consistent with what is necessary in a democratic society. The second is that this definition of hate speech is in no way intended to stifle free speech on matters of public interest even if such debate may offend some. It is intended to protect from attacks on privacy, dignity, and rights of others. Any prosecution under section 65 or section 17 will have to satisfy the section 17(2) and (4) requirements of the draft Constitution.

Privacy rights and defamation of character

The law on defamation of character in Fiji is almost identical to the law in England and Wales. Fiji has a Defamation Act, and the issue of whether a person has been defamed as a matter of law and of fact is one for the single judge. In England it is a question for judge and jury. In Vayeshnoi v Fiji Television Limited, Tukaha Mua, Imraz Iqbal, Inoke Bainimarama, and Ahmed Ali^²⁴ the plaintiff was a government minister who had banned Fiji TV reporters from attending a news conference. They entered his office anyway and interviewed him in circumstances which he alleged were humiliating and embarrassing. The plaintiff also claimed that the way in which Fiji Television had covered a story arising out of the visit of the Prime Minister to Rakiraki in which the report alleged that the minister was about to be replaced in a Cabinet reshuffle, was defamatory. The judge held that neither incident was capable of constituting defamation of character. He found that the words complained of by the plaintiff “amount to more than fair comment or criticism of the public acts of a public man.”

Defamation of character is a civil tort. The test is whether a person has said or done something which damages a person’s character in the eyes of reasonable persons in society, decreasing the respect that the person is held in, and damaging the person’s reputation. Public figures are expected to be more resilient than private persons, and fair comment and justification (or truth) is a defence. The law on defamation is expressly saved by the draft Constitution, and was saved under the 1997 Constitution. However under both Constitutions, the test the question the courts will ask is whether the restriction is consistent with what is necessary in a democratic society. This is because of the effect of section 7 of the draft Constitution which provides;

“In addition to complying with section 3, when interpreting and applying this Chapter, a court, tribunal or other authority––

(a) must promote the values that underlie a democratic society based on human dignity, equality and freedom; and

(b) may, if relevant, consider international and foreign law, applicable to the protection of the rights and freedoms in this Chapter.

(2) This Chapter does not deny, or prevent recognition of, any other right or freedom recognised or conferred by common law or written law, except to the extent that it is inconsistent with this Chapter.

(3) A law that limits a right or freedom set out in this Chapter is not invalid solely because the law exceeds the limits imposed by this Chapter if the law is reasonably capable of a more restricted interpretation that does not exceed those limits, and in that case, the law must be construed in accordance with the more restricted interpretation.

(4) When deciding any matter according to common law, a court must apply and, where necessary, develop common law in a manner that respects the rights recognised in this Chapter.

(5) In considering the application of this Chapter to any particular law, a court must interpret this Chapter contextually, having regard to the content and consequences of the law, including its impact upon individuals or groups of individuals.”

Section 43(2) of the 1997 Constitution said that “In interpreting the provisions of this Chapter, the courts must promote the values that underlie a democratic society based on freedom and equality and must, if relevant, have regard to public international law applicable to the protection of rights set out in this Chapter.”

In effect, the balancing exercise used by the European Court of deciding which limitations are justifiable is likely to be adopted by our courts because of the interpretation section in the draft Constitution. This means that defamation actions must be assessed not just in accordance with the common law principles, but also in accordance with the principle of free speech and justifiable limitations.

This also applies to the law on privacy, although the right to privacy has an equal value with the right to free speech. Section 37 of the 1997 Constitution stated that every person has the right to personal privacy, including the right to privacy of personal communications. The right was subject to such limitations which were prescribed by law and were reasonable and justifiable in a free and democratic society.

Section 27 of the draft Constitution sets out a more detailed right;

“(1) Every person has the right to privacy, which includes the right––

(a) to confidentiality of their personal information;

(b) to confidentiality of their communications; and

(c) to respect for their private and family life.

(2) A law may limit, or may authorise the limitation of, the rights set out in subsection (1).”

What is “private”? Does a public figure have a right to privacy? Is the media allowed to use long range lenses to take photographs in the homes of famous film stars? The law on privacy was considered by the Fiji Court of Appeal in the Attorney-General v Alifereti Yaya^²⁵. That was a case in which the Commissioner of Police in 2004 published a photograph of the applicant as one of Fiji’s 10 “most wanted” criminals. In fact there was evidence that the applicant was implicated in pending investigations. He made an application through the Human Rights Commission for constitutional redress, claiming a breach of his right to privacy. The Court of Appeal considered section 37 of the 1997 Constitution, and found that there had been a breach by the Commissioner of Police. The Court defined the right to privacy in this way;

“International human rights law transformed the principles of a breach of privacy tort considerably. Although Article 8 of the European Convention on Human Rights differs from the wording of section 37 of the Fiji Constitution, the limits of the right, and the way the courts in England and in the Strasbourg court have interpreted the right to privacy are helpful. This is especially because section 43(2) of the Fiji Constitution requires the courts to have regard to public international law in interpreting any provision of the Bill of Rights. Article 8 of the European Convention on Human Rights provides: “(1) Everyone has the right to respect for his private and family life, his home and his correspondence;(2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” The balancing exercise applicable in considering what is “reasonable and justifiable in a democratic society” is relevant to the second part of this judgment, that is, to the question of the proportionality of the means in relation to the legitimacy of the ends. For the purposes of deciding what is “private” in the context of section 37(1) of the Fiji Constitution, a fuller explanation of the ambit of the protection in Article 8(1) of the European Convention is helpful. Counsel for the Appellant referred us to the useful decision of the English Court of Appeal in A v. B (a company) and Another EWCA Civ. 337, a case about the imminent publication of the details of the extra-marital affairs of a well-known married footballer. An injunction was granted to prevent publication, and an attempt to set the injunction aside was unsuccessful, the judge holding that the footballer had a right to respect for his private life and there was no public interest consideration to justify publication. The news media agency appealed to the Court of Appeal. The appeal was allowed. In the course of the judgment (delivered by Lord Woolf CJ), the court held that a duty of confidence arose when the party subject to the duty either knew or ought to have known that the other person could reasonably expect his privacy to be protected. The court held that the disclosure of an extra-marital relationship by a party to the relationship was not necessarily “private” such that the courts “should be astute to protect.” It was therefore erroneous to assume that the information was protected, the onus being on the newspaper to prove a legitimate public interest in publishing.”

And at paragraph 27 of the judgment the law on privacy in Fiji was summarised in this way;

“In considering what is private, and what is not this court adopts these principles. Private information which is protected by section 37 of the Constitution is information in respect of which there is a reasonable expectation of privacy. The purposive approach to interpreting this right involves an inquiry into whether there has been an intrusion into the private affairs of an individual. There is no exemption for information obtained by public bodies such as the police. Where the police, in the course of investigations, obtain information which the subject reasonably expects will be kept private, there is a duty not to disclose that information to the public unless it is for a purpose which is justifiable in a democratic society.”

It is unlikely that any court interpreting the same right under the draft Constitution would depart from this test, as it is consistent with international jurisprudence. From the point of view of press freedom, intrusions into the private affairs of individuals are usually prohibited in codes of ethics for the media. That is certainly the case in Fiji. Publications of photographs of children, of funerals and of private grief, of dead and mutilated bodies, of people in their own homes enjoying their family life, are all in breach of media ethics. Generally these codes are consistent with the international law on the right to privacy.

Conclusion

It is said that there is a danger that press freedom will be undermined by the law on contempt of court, or the law on privacy or of defamation of character. In my opinion, there is no such risk as long as the media and the public understand that free speech is restricted by the rights and freedoms of others, and as long as we have a judiciary which is willing and able to thoughtfully balance rights in accordance with international jurisprudence. The media is not free to tap telephones of dead girls because the right to personal privacy is of the same value as the right to free speech. The media is not free to publish stories about the courts which attack the character of judges or the judiciary because in doing so they undermine another right, the right of the public to have a judiciary in which they can have confidence. The media is not free to print untruthful stories about members in society which will damage their reputations, because members of society have a right not to be defamed. The balancing of these rights must however require that freedom of speech is a precious right, to be valued and protected in a free and democratic society.

The inherent tension in the interpretation of these rights is that the judiciary is responsible for deciding where the balance lies, when the judiciary may itself be the alleged victim of a story or publication. A responsible media will know what the law says, and will have a clear idea of what may be published and what should not be published. That knowledge now requires a working understanding of the intersection of international and national law on freedom of speech, on the right to privacy, on the right not to be defamed and the need to protect the authority of the judiciary.

1 Legal Practitioner, Fiji

2 Defined in the ICCPR as any advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence, thus allowing a definition of hate speech which does not necessarily include an incitement to violence

3 Ukrainian Media Group v. Ukraine Strasbourg 29^th March 2009

4 For example by calling the MP a “scarecrow”!

5 MGN Ltd v. UK Strasbourg 11^th January 2011

6 Paragraph 12 of the judgment

7 Lord Hope of Craighead

8 Ibid at 3

9 21279/02 of the Grand Chamber ECHR 2007

10 [1968] 2 QB 150 at 155B

11 A journalist, Kamal Iyer filed an affidavit setting out the facts of the case

12 The Court of Appeal relied on the test for contempt applied in Solicitor-General v Radio Avon [1978] 1 NZLR 225 at 234

13 High Court of Fiji Action No.124 of 2008, per Hickie J

14 Action No HBC 364 of 2011 per Calanchini J

15 Herbert Wise v State Criminal Appeal No. HAA 015/2012

16 The court also found that examples of disrespect to the court included whistling at jurors (assessors), assaulting court officials, or shouting in court.

17 Sections 65 and 66 of the Penal Code, repealed on the 1^st of February 2010

18 (1992) 38 FLR 226 per Scott J at first instance and reversed by Fiji Court of Appeal per Helsham P Tikaram and Ward JJ. The court at first instance held that the offence required evidence of incitement to violence. The Court of Appeal held that incitement to violence was not an element of the offence.

19 2001 HAA 60/01 per Shameem J

20 HAC 208/11L

21 Public Order Act as amended by the Public Order Act) Amendment) Decree 2012, section 2

22“ Kicking at the Cornerstone of Democracy – The State of Press Freedom in Australia” The Walkley Foundation et al Ed: Jonathon Este

23 http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-72216 (last visited 30^th April 2013) ECHR 31^st January 2006

24 [2000] 2 FLR 21, per Scott J

25 ABU Criminal Appeal 37 of 2007 per Byrne, Powell and Shameem JJ

A Free and Independent Media

noreply@blogger.com (Crosbie Walsh) — Fri, 10 May 2013 21:01:00 +0000

By Matai Akauola*

Bula vinaka.

The Vice- Chancellor Prof Rajesh Chandra, the Dean of the Faculty of Arts, Law and Education, the Head of the School of Language, Arts and Media Journalism, the Acting Head of Media and Journalism, Journalism students, media colleagues, ladies and gentleman.

I am honoured to be given this platform today as we commemorate or celebrate World Press Freedom Day which annually falls on May 3^rd.

The theme for WPFD is: Safe to Speak- Securing Freedom of Expression in All Media.

The following is UNESCO’s focus on this year’s WPFD Celebration:

Ensuring the Safety of Journalists and Media Workers

A free, independent and pluralistic media environment, online and offline, must be one in which journalists, media workers, and social media producers can work safely and independently without the fear of being threatened or even killed. It needs to be an environment where attacks, intimidations, harassments, abductions, arbitrary imprisonments, and threats are the exceptions and not the norm. Journalists (as well as citizen journalists), editors, publishers and online intermediaries alike should not be subjected to political or financial coercion and manipulation. They should especially be protected from threats to the security of themselves and their families.

Securing the safety of journalists and media workers is an urgent matter. More than 600 journalists and media workers had been killed in the last ten years. In other words, every week a journalist loses his or her life for bringing news and information to the public. These statistics highlight the relevance of the UN Plan of Action on the Safety of Journalists and the Issue of Impunity, and its specific goal of mobilizing the UN family of agencies as well as other stakeholders including UN Member States, regional human rights bodies, NGO and media houses to collaborate in creating a safer environment for journalists. There is enormous potential in the UN Plan of Action in bringing the full weight of the UN to bear on the challenges, and in being a point of reference for others who share the concern to turn the tide. Already we are seeing the various UN mechanisms moving in the direction that contributes to the UN Plan of Action. In addition to the aforementioned United Nations Human Rights Council resolution in 2012, the 2nd UN Inter-Agency Meeting in Vienna, Austria last year, adopted a concrete global, regional, and national level implementation strategy was adopted for the UN Plan of Action. Four countries (South Sudan, Iraq, Nepal and Pakistan) were identified to be amongst other interested countries where alignment of stakeholders could make a difference. Latin America was specifically acknowledged as a region where good work could be done under auspices of the UN Plan, and where lessons could be shared internationally.

As the UN Plan recognises, promoting the safety of journalists must not be constrained to after-the-fact action. Much more must be done for preventive mechanisms and for actions to address the root causes of violence against journalists and of impunity. This implies the need to deal with issues such as corruption, organized crime and an effective framework for the rule of law. In addition, the existence of laws that can criminalise legitimate journalism (e.g. overly restrictive defamation laws or overly broad national security laws) must be addressed. The challenge is to promote respect for international standards for freedom of expression as well as resolutions such as UN Security Council Resolution 1738 (2006).

Fundamental to the UN Plan is the insight that the experiences in one country or region can be useful for others trying to improve the safety of journalists. Compilation and sharing of up-to-date information and best practices and conducting international missions and investigations into particular cases can be highly beneficial. However, much work is still needed to achieve an optimum level of information exchange and joint learning, and in adapting good practices to different regional and national contexts.

Points for reflection:

What are the biggest opportunities and threats to the UN Plan of Action?

How do threats to press freedom differ from region to region?

How can various strategies to improve safety be replicated in different regions?

What are the preventive mechanisms to prevent journalists from being harmed in the first place?

How do we ensure that international standards for safety of journalists and combating impunity are respected and adopted in the country context?

How can public awareness be developed to ensure that press freedom is widely cherished and that public opinion at all levels will not tolerate attacks on journalists?

That is what UNESCO has articulated for the focus on this year’s theme ‘Safe to Speak.

Now let me bring it down to our context.

Now we need to link these UN Plans with what we are doing on the ground in Fiji and other Pacific countries.

You’ll remember that when the coup the fourth coup happened in 2006, there were calls for the Pacific Islands News Association (PINA) to relocate to another country.

This call was made mostly by non-PINA members.

The PINA AGM’s in 2007 in Honiara, 2009 in Vila and 2012 at Pacific Harbour unanimously agreed that the PINA Secretariat remain in Fiji.

Thank God for Journalism Schools nowadays.

For some of us, we went through the school of hard-knocks. It was either swim or sink and I was fortunate to have been trained and mentored by the likes of household names like Peter Lomas, Nemani Delaibatiki, Jale Moala, Laisa Taga, Torika Tora and the likes at the old Fiji Sun based in Lami. Most of you young journalists were probably not around when I started 32-years ago. The old Fiji Sun closed because of the 1^st military coup in 1987 and by then I was already with FM96 which started in 1985.

In 1987/88, USP introduced the Certificate in Journalism programme and some of us were part of the course with training here and the technical stuff was done at Statham. However, we did not complete the course because our tutor who was funded from Australia had to return home when aid was cut.

USP also went through its difficult days back then with drastic changes.

The various political scenarios in Fiji in the last 26 years have taught us a lot.

It is from this knowledge gained through experience that PINA has approached its dealings with the current Fijian Government.

PINA’s core objectives are: defend and promote media freedom for its members, promote professional training and thirdly building partnership.

The idea of forming a media body like PINA started way back in 1972 and after various meetings, it was decided to officially register PINA in 1986 in Samoa.

So for more than twenty years PINA has been putting out statements against governments that restricted the media from doing its work.

In 2007, the PINA Board decided that we need to take a different approach because we realised it was no-longer one size fits all.

So instead of putting out condemning statements like we’ve done in the past and seeing that it felt on deaf ears we decided to dialogue and find common ground for the safety of our media people first.

We may be doing things differently, but we are not wrong.

One thing that we media people must have is an ‘ear to hear’. A lot of times we’ve come with pre-conceived ideas to the engaging table.

I can recall in a meeting the media and Commodore Voreqe Bainimarama in May of 2008, he called for responsible journalism. It was in this meeting that I raised the issue of safety for journalists which surprised him.

For me I started to reflect and saw that whilst we were harping about Media Freedom we hadn’t worked on cleaning our own backyard.

Most of the experienced journalists had left mainstream media either for greener pastures overseas or other well paid and safer jobs.

We needed to get down to the basics again and get things right the first time.

When you look back through history almost all previous governments in Fiji have at one time or the other tried to control the media.

A fortnight ago, I spoke at the inaugural Pacific Parliamentarians and Political Leaders Forum in the New Zealand Parliament in Wellington and said that safety of Journalists to me was paramount.

I am a firm believer of ‘free and independent media in Fiji.’

In my submission to the Yash Ghai Constitution Review Commission I called for ‘Free and Independent Media in Fiji’ with the entrenchment of the Freedom of Expression into the new Fijian Constitution.

The draft constitution has that and so we need to work from there, taking into consideration the reality on the ground.

In three decades as a Fijian journalist, I have seen governments come and go, those elected and those not. A lot has happened but despite the turmoil and upheaval some of us steadfastly believe there is a lot of goodness and hope in this country.

For me the media has been used and abused by various stakeholders, within and those outside the media. I would like to say that no one is perfect and so is the media.

This is a profession that has suffered in its own way since the first military coup in 1987 and the ensuing coups. Some of my media colleagues have suffered more than others or in varying degrees.

It is from this stark reality and experience that I proposed ‘A Free and Independent Media’ to be upheld in the Fijian Constitution.

From the media’s part we wish to unite in our efforts to raise professional standards and thus strengthen the social standing of journalism. The co-operation between journalists in the field of ethics is also a great training ground for co-operation in demanding our legitimate rights in the Constitution.

However, quality should never be a pre-requisite for freedom. Only a fully free media can be fully responsible.

I see self-regulation and the promotion of quality journalism as additional safeguards of media freedom and even of media power.

In this regard, PINA is willing to work with all media stakeholders and authorities in formulating a ‘Media Self Regulation Guidebook’ that is tailored for Fiji.

It is my hope that this will encourage the further development of media self-regulation, boost the quality segment of journalism, and, hence, help improve the overall media freedom situation in the country.

Media self- regulation will educate on balancing rights and responsibilities.

It will be a joint endeavour by media professionals to set up voluntary editorial guidelines and abide by them in a learning process open to the public. By doing so, the independent media accept their share of responsibility for the quality of public discourse in the nation, while fully preserving their editorial autonomy in shaping it.

Self-regulation is not censorship and not even self-censorship. It is about establishing minimum principles on ethics, accuracy, personal rights and so on, while fully preserving editorial freedom on what to report and what opinions to express.

Self- regulation helps the media respond to legitimate complaints, and correct mistakes in a trial-and-error way.

Self- regulation is a pledge by quality-conscious media professionals to maintain dialogue with the public. A complaint mechanism is set up to deal with justified concerns in a rational and autonomous way.

In the media, obviously all media outlets whose journalists, editors and owners seek to produce a responsible press would engage in this dialogue. Self-regulation can be set up both industry-wide and in-house.

Outside the media, political institutions and public figures are usually the main providers of complaints, as reporting and commenting on their activities is an important job for the serious media. But equally interested partners could be civil society’s protagonists such as business and labour, religious and minority organizations, traditional and newly established interest groups, and, of course, individual members of the public.

Since the phone hacking scandal in Great Britain, Media Authorities similar to the one in Fiji are being set up in Great Britain, Australia and New Zealand. Not much has been said by advocates who gone to great lengths to crucify Fiji, maybe these advocates are funded by donors from these countries.

This is why this year’s theme ‘Safe to Speak’ is relevant. Whose agenda are you pushing- donors, governments or other stakeholders.

PINA is independent. It is not donor funded it relies on subscription to its PACNEWS bulletins.

Just yesterday we ran news of Canada wanting to boycott the Commonwealth Heads of Meeting in Sri Lanka later this year in protest against alleged human rights violation.

ABC in Australia reports that a federal labour backbencher has called for Australia to also boycott CHOGM.

A newly released Amnesty International report has accused the Sri Lankan government of intensifying a crackdown on critics through violence and intimidation.

Foreign Affairs Minister Bob Carr has said Canada's boycott would be counter-productive and it would be better to stay engaged with Sri Lanka to directly raise concerns.

Is this the same Australian government that does now want to engage with Fiji?

Some organisations sigh away from these sorts of issues because funding could be cut.

Now back to the Fiji situation, I say you are Safe to Speak. The Media Code of Ethics is in the Media Decree.

A lot of people are making an issue about the huge fines but I am saying if you follow the Code of Ethics than you should not have any problem.

Yesterday, the Pacific Regional NGOs met with the Melanesian Spearhead Group Eminent Persons Group and reiterated our call for Free and Independent Media in the MSG countries.

By attending the political forum in New Zealand, I have made connections with parliamentarians from around the region to have regular discussions on how media and governments can work together to understand each other.

In conclusions, let me share this analogy…

There was this gentleman that used to walk his dog every morning. There was no fences erected around USP and he walked from Flagstaff and through the USP compound to Veiuto and back home.

One day USP decides to erect fences like we see today. This poor chap has to walk all around the fence now. If he tried to cross through USP he will be thrown out.

That is what we are faced with here in Fiji, how do we negotiate the fences. We cannot ignore the reality on the ground but negotiate around it and come up with workable strategies.

I thank you and acknowledge the Almighty of for his presence and grace for this opportunity.

Vinaka vakalevu

* Pacific Islands News Association (PINA) Manager & Training Coordinator- Matai Akauola’s speech at the WPFD Celebration at USP

2 May 2013

Lockington's Everyday Fiji ... Life Goes On

noreply@blogger.com (Crosbie Walsh) — Fri, 10 May 2013 21:00:00 +0000

Sunday Transport

Bus to Mulomulo

Here is something for the government and the Land Transport Authority. Buses do not run on Sundays in Mulomulo.

A family that goes to church from Mulomulo Secondary school to their church in Nadi hitches rides in passing vehicles. This happens every Sunday. I have picked up many people travelling to the main road on Sundays.

Anyway, last Sunday this family flagged down a passing van and on their way to church was stopped by Land Transport Authority officers and the driver was booked for carrying passengers.

Now, can LTA or other authority provide transport for these people who depend on public transport on a Sunday?

I know that there is a law that prohibits the use of non-PSV vehicles for public transport, what about places where there is no public transport? What is the alternative?

Do they expect them to walk the ten K's to Nadi?

I’m just saying, eh.

Allen Lockington is a self-employed customs agent and business consultant who has regular articles published in Fiji. I thank Allen for permission to reprint some of them in this political blog. They remind us that life goes on, whatever the political situation. And it's good to know that.

News and Comments Thursday 9 May 2013

noreply@blogger.com (Crosbie Walsh) — Wed, 08 May 2013 21:00:00 +0000

AIR PACIFIC PAY OUT. Two years ago this airline was on the verge of bankruptcy and now, two years later, some $600,000 has been paid to employees to mark another profitable year to the end of the fiscal year on March 30. Outgoing CEO David Pflieger said the payout was a reward to the staff for their hard work and commitment to delivering the best possible service as the national carrier.

"Nobody asked for it but it was something I felt I had to do and I got the support of our board of directors," said Mr Pflieger. "Our team is getting rewarded right away and we wanted them to share in the success of the airline. During our restructuring, it was a difficult time and once we addressed those issues we wanted to do something where we were able to give back to our employees."

FLP STATEMENT 'MISLEADING AND INACCURATE'. Nineteen thousand recipients currently assisted under the Family Assistance Program will not be terminated from the welfare programme as claimed by Fiji Labour Party Leader, Mahendra Chaudhry. Social Welfare Minister Dr. Jiko Luveni said this is inaccurate and misleading as this is not happening.

These recipients will be re-certified under the new Poverty Benefit Scheme. Luveni said during this process those whose economic conditions have improved over the years and are now capable of financially supporting their families will be graduated from the program and will be re-programmed for those who need it the most. The Poverty Benefit Scheme with total budget of $22.6 million is expected to assist approximately 13,000 households with a maximum payment of $150 per month and part of this amount consists of $30 food vouchers. Dr. Luveni said that Chaudhry playing on the fears of those who depend on social welfare schemes, for political gain, is irresponsible and unbecoming of a public figure.

THE SOCIAL WELFARE REFORMS. The Minister said Government is currently carrying out major reforms of social welfare programmes that will actually increase coverage of Fiji’s poor population from 3%under the previous system, to about 10% under the new system. “The new system is designed to create the maximum effect with our limited resources. We will target our available resources at those Fijians who need it the most. This will allow Fiji’s social welfare system to better and more widely cover those who meet the criteria and will minimize abuse and fraud."

There are now two main schemes. The Poverty Benefit Scheme, with a total budget of $22.6 million in 2013, will assist up to 13,000 households with a maximum payment of $150 per month. Part of this amount consists of a $30 food voucher. Part of the Poverty Benefit Scheme includes something called the Welfare Graduation Scheme. When assistance is given to a family, the head of the family signs a contract to actively look for income-generating and vocational-training opportunities.

The Poverty Benefit Scheme eliminates the previous vulnerability categories (the elderly, chronically ill and disabled) and directs benefits at the most needy households that will be determined by measures such as property ownership (houses, land), assets and household items.

Government has also established Fiji’s first ever Social Pension Scheme of $30 a month which will benefit more than 9,000 people who are 70 years and over. This scheme will cost $3.2 million in 2013 and enable a significant number of Fiji’s elderly population, who were previously receiving no form of financial support, to live out the remainder of their lives with dignity and respect. To be eligible, individuals must not currently have access to any superannuation or other means of income.

Fijians will also continue to benefit from existing poverty alleviation programmes. One is the Care and Protection Programme, which benefits children from disadvantaged backgrounds. This allowance can be accessed by children up to 18 years, particularly those who come from a single parent family, have a parent in prison, or have foster parents and guardians.

Another scheme is the subsidized bus fare programme, which Government introduced to help ordinary Fijians make ends meet by providing free or subsidized bus fare to school children, the elderly and the disabled. Government has also been providing free text books to school children to help poor families with the cost of education.

MINISTRY STARTS MINIMUM WAGE SURVEY, The Ministry of Labour has started Fiji's first National Minimum Wage Baseline survey. Minister Jone Usamate said the survey would result in the determination and introduction of a national minimum wage, the hourly rate below which all sectoral minimum wage rates must not be allowed to fall. The survey will assess existing wage levels and conditions of employment in the context of the requirements under the Employment Relations Promulgation 2007 (ERP) and the ten current Wages Regulation Orders (WROs) against the backdrop of the economy.

There are 6.706 enterprises with 171,865 workers in the country. Out of these enterprises, 4.065 are covered under the Wages Regulation Orders and 2641 are enterprises where workers are employed through individual bargaining. The survey will be completed by the end of this month.

SEETO EXPLAINS: T.U. ACTION WOULD ONLY HURT WORKERS. Interviewed by Radio Australia, Fiji Hotel and Tourism Association president Dixon Seeto says the current ANZ trade union campaign aimed at the Fiji Government will only hurt workers. “If this campaign were successful, all it would do would be to harm the livelihoods of many, many people in Fiji who work in the industry and who are connected to the industry.”

"We are now governed by … wages councils which stipulate minimum wages for workers. There was a hefty increase recently of approximately almost 10%and that greatly increased the take home pay of many of our workers. The thing is these are the minimum wages ...most of the hotels and resorts [pay their workers] at a much higher rate... The other thing the government has done is [raise] the threshold for tax-free income [to $15,000] so that people, especially the lower income levels don’t pay any taxes."

MELANESIAN SPEARHEAD GROUP. A meeting of MSG trade and economic officials will be discussing trade issues this week and their recommendations will be submitted to the Trade Ministers meeting next week. Permanent Secretary for Industry and Trade Shaheen Ali said member countries will benefit from the free movement of goods and services, and already Fiji’s total trade with Pacific Island countries, especially with the MSG countries, has increased to 4.5% in 2010 compared to less than 1% in 2000.

THIS LEOPARD NEVER CHANGES ITS SPOTS. SODELPA, the old re-named (and overwhelmingly ethnic iTaukei) SDL party that governed Fiji from 2001 to 2006 has appointed former SDL government minister High Chief Ro Teimumu as president. It's the old alliance of the iTaukei elite with one or two non-iTaukei thrown in to make it look multi-racial.

NETWORK COVERAGE. Government intends to have a 100% network coverage and will subsidize telecommunication companies that provide coverage in areas where there is at present little or no coverage.

LIFE JACKETS. I wonder whether Allen Lockington's "Safety at Sea" article re-published at the weekend or the death by drowning of Tui Macuata have prompted the action of the Maritime Safety Authority of Fiji to get the price of life jackets down from $60 to $18 so that they are more affordable for small boat owners. MSAF Chief Executive Neal Slack says they’re continuing negotiations with suppliers and government to improve the quality and reduce the price of life jackets. That's good news but why did they allow the price to get to $60 before doing something about it?

" I will not be signing the ACTU’s petition..."

noreply@blogger.com (Crosbie Walsh) — Wed, 08 May 2013 08:55:00 +0000

Dear Croz,

Along with many other Trade Unionists, I have received a message asking for support of an ACTU campaign which purports to defend human rights in Fiji.

Here is the response I have sent to the ACTU.

All the best,

Scott

Dear Ged,

Unfortunately on this occasion the ACTU has the situation in Fiji wrong. As offensive as all democrats find a military regime, the party and trade union opposition to the Bainimarama government in Fiji does not have clean hands either.

The trade union officials who are, quite rightly, opposed to many of the restrictions imposed by the regime have been mostly supporters of a political party the Fiji Labour Party which is undemocratic, unrepresentative-except of a few cane farmers and long-term party hacks-and definitely not a desirable alternative to the present government. Indeed the FLP is in the process of forming an electoral alliance with the most reactionary ethnic Fijian/itaukei party which includes all `the born to rule’, anti-Indo Fijian chiefs. The alliance is purely opportunistic and represents a return to the past which produced the military regime in the first place.

Since you purport to know `the facts about the real situation’ it is incumbent upon you to provide accurate data. However your figures on the proportion of the population living under the poverty line are dubious, with the figure probably closer to 35-40%. (Establishing poverty estimates in a country where the bulk of the population lives on smallholdings is extremely hard and the accurate poverty figures for Fiji are probably similar to many countries with this demographic feature, including PNG and others in the South Pacific.) There is no evidence that whatever the correct figure is has been brought about by military rule. Increasing poverty has been a feature of Fiji since the early 1990s at least.

It is a pity to see the ACTU, a progressive organisation, simply following the stupid, ineffective and counter-productive foreign policy position adopted by the Australian and New Zealand governments.

Instead of sanctions which is all these governments have managed to implement, the ACTU should try to break from the official position and recognise the need to democratise the regime. Otherwise the ACTU will remain as ineffective as the ANZ governments in influencing what happens in Fiji.

The Bainimarama government has been very successful in establishing international credibility within and outside the region, which should tell the ACTU that its campaign will not succeed. Since the post-election government in Fiji is as likely as not to be dominated by a Bainimarama-led party, the ACTU should now try to work out how to affect this future regime rather than simply opposing and offending its key members.

So I will not be signing the ACTU’s petition and will be doing all I can to tell others whom I know to do likewise.

Regards,

Scott MacWilliam