Coup Four And A Half

Pflieger and team working hard to 'spin' their way out of Air Pacific woes

2012-01-29T13:40:00.000+13:00

As revealed by C4.5 earlier, Air Pacific’s mechanical and crewing woes are continuing.

Our source within the troubled airline says things are not going to get better because nobody likes or respects regime supporter, CEO Dave Pflieger, the interfering hand behind the Essential National Industries decree.

Insiders reported a few days ago that the airline's Boeing 747 has now been at Los Angeles for a number of days - a result of staffing issues, although spin doctor Shane Hussein is advising the public the aircraft is undergoing an ‘engine change’.

In the following spin by Hussein where he has finally revealed what we have known all along: that Air Pacific is chartering aircraft and has been for a while - at a huge cost to the company, the country and its shareholders, the Fijian people.

“Air Pacific wishes to advise passengers that delays experienced during a scheduled engine change on one of its B747-400 aircraft in Los Angeles have resulted in a schedule change.

The Los Angeles – Nadi flight which was initially scheduled to depart at 13:05 (LA time) today, will now depart at 14:35 (LA time) on 24 January instead. This will see the aircraft arriving into Nadi at
21:20 on Wednesday January 25th.

In addition, the next Los Angeles - Nadi service, which was scheduled to depart at 22:00 on Tuesday January 24th (LA Time), has been rescheduled for an 8am departure on January 25th, and will now arrive
into Nadi at 14:30 on Thursday January 26th.

Finally, because the delay of the inbound aircraft from Los Angeles, Thursday’s (January 26th) Nadi – Auckland – Nadi service would have also affected those passengers, Air Pacific has chartered an aircraft from Air New Zealand to service this sector. As a result of this aircraft change, the scheduled Auckland – Nadi departure time will be as published; however, the Nadi – Auckland service will be delayed until later that afternoon.”

PNG power struggle not over and Australia caught out over indigenous rights

2012-01-28T11:53:00.001+13:00

Political ructions in Papua New Guinea continue as Fiji ally Sir Michael Somare remains quiet about the failed mutiny to oust Peter O'Neill and Australian PM, Julia Gillard, (Fiji's bete noir) tackles the thorny issue of Aboriginal rights.

The first story is an ABC interview with its PNG correspondent Liam Fox and the second is from MSNBC

ABC: TANYA NOLAN: Now to Papua-New Guinea where the political crisis is deepening, despite claims by prime minister Peter O'Neil that yesterday's attempted mutiny is all over.

The rebel soldiers detained the country's military commander, Brigadier General Francis Agwi, and demanded Sir Michael Somare be reinstated as prime minister.

Today, the soldiers involved are refusing to give up their weapons until they're granted a pardon.

Our PNG correspondent Liam Fox joins us from the capital Port Moresby.

Liam, where are these rebel soldiers now and what exactly are their demands?

LIAM FOX: The rebel soldiers along with their leader Colonel Sasa withdrew to Taurama Barracks which is on the outskirts of Port Moresby yesterday when Brigadier General Francis Agwi was released from house arrest.

A senior figure in the defence forces told the ABC that they are demanding a pardon before they give up their weapons and we understand that demand has been or will be taken to the government for it to consider.

TANYA NOLAN: And what is the likelihood that it will be granted and if it's not what would happen next?

LIAM FOX: Look, I think there is a chance that this could happen. Yesterday the deputy prime minister Belden Namah said we want to solve this the Melanesian way and that is bringing former enemies or opponents back within the fold without any recriminations.

I think that is certainly possible with the soldiers, I'm not sure that's the case for Colonel Sasa. Mr Namah used some pretty strong language yesterday saying that his actions amount to treason and that is punishable by the death penalty so we are waiting to see what if any response the government is going to give.

Also yesterday the Peter O'Neill, the prime minister, said that he believed Sir Michael Somare had taken advantage of long standing gripes about pay and conditions within the defence force to enlist this group of soldiers to perform this attempted mutiny yesterday and that Peter O'Neill understands those complaints and he wants to deal with them as well.

TANYA NOLAN: And Mr O'Neill of course as you alluded to said that Colonel Sasa is being "dealt with". Are you saying that it's likely he would face the death penalty if convicted of treason?

LIAM FOX: Look, just a bit of clarification. PNG has the death penalty but it doesn't have any means to carry out the death penalty so a death penalty here effectively means life imprisonment. We are just waiting to see what happens. There was strong language used yesterday and it depends I guess whether Peter O'Neill and his government want to make an example of Colonel Sasa or as I said whether they want to solve this the Melanesian way and bring former opponents back into the fold and call them brothers once again.

TANYA NOLAN: I've just been reading online that Sir Michael Somare isn't prepared to give up the power struggle just yet according to his daughter Betha Somare. She says reports that the coup was a failure were premature. Can we read that that another attempt could be made to overthrow the O'Neill government with Somare's backing?

LIAM FOX: Oh look I think there will be other attempts to change the situation. What form that will be I can't say or can't predict. I don't know if anyone can predict that. It is hard to see how they can go about that. Last December they tried to order the army to come out onto the street to, as they said, restore law and order. That failed. Now they have tried to forcibly change the hierarchy of the defence force. That appears to have failed. I'm not sure what else they can do except go to court but that is a lengthy solution, one that likely wouldn't be resolved until the elections are called in the middle of the year most likely.

TANYA NOLAN: So how much longer can this go on before the country's economy is seriously affected by the political unrest? It which will scare off much needed international investors. Is there any concern over that?

LIAM FOX: Well, there was certainly concern yesterday. Businesses around Port Moresby closed their doors and sent staff home. Domestic flights, most domestic flights in the country were cancelled. Most of those have resumed today.

There was certainly concern when something like this happens that it can affect business but I think the major investors here all know that PNG is a country where dramatic things like this can happen. They've done their research. It is no surprise that dramatic things happen in Port Moresby and most companies here are in it for the long term but no doubt when something like this happens investors will be sitting back watching with interest to see how things develop.

TANYA NOLAN: Liam Fox, thank you. That is our PNG correspondent Liam Fox in Port Moresby.

Australia PM reunited with shoe she lost during rowdy protest

A blue suede shoe that she lost as she was hustled away by security officers from a Canberra restaurant that was surrounded by aboriginal-rights protesters has been returned.

Gillard lost the size-8 shoe off her right foot on Thursday when she stumbled during the rowdy fray, and it was scooped up by protesters. One protester gleefully raised the footwear above her head and shouted, ''Gingerella, come get your shoe.''

On Friday night, someone returned the shoe to a security guard outside the main entrance at Parliament House, AAP reported.

Meanwhile, the fallout from the fracas has led to the resignation of one of Gillard’s press secretaries, Tony Hodges. He acknowledged tipping off protesters that Oppositionn Leader Tony Abbott was going to be at the Canberra restaurant with the prime minister at an award ceremony to mark Australia Day, The Sydney Morning Herald reported.

The restaurant where Thursday's clash occurred is close to the so-called Aboriginal Tent Embassy, where the protesters had demonstrated peacefully earlier in the day. That long-standing, ramshackle collection of tents and temporary shelters is a center point of protests against Australia Day, which marks the arrival of the first fleet of British colonists in Sydney on Jan. 26, 1788. Many Aborigines call it Invasion Day because the land was settled without a treaty with the traditional owners.

Abbott was the focus of much of the protesters' rage. The Tent Embassy celebrated its 40th anniversary on Thursday, and Abbott had earlier angered activists by saying it was time the embassy "moved on." Abbott said Friday that his comment had been misinterpreted, and that he never meant to imply the embassy should be torn down.

Meanwhile, the makers of Gillard's now-famous "missing" shoe are hoping to cash in on her Cinderella moment. Melbourne-based Midas plans to release a new version of the shoe dubbed the "Julia," the Herald Sun reported.

Source: MSNBC

House deals and parties while Fiji floods

2012-01-27T18:05:00.002+13:00

PARTY TIME? ...AT SSJ'S HOUSE.

A state of disaster has finally been declared over the flooding and the hierarchy are out and about as they should be.

But information sent to Coupfourpointfive in the past two days show that it's different strokes for different folks.

One email informs us that while people are losing their lives and their homes, the "illegal attorney general Aiyaz Sayed Khaiyum was at 59 Vunakece in Suva trying to negotiate a price for the property with the owner."

Our informant says: "He could have used that money which would run into hundreds of thousands of dollars to help the victims of the floods. It just shows the love of the people that our wanna be leaders have."

The second email is just as condemning of the administration. It says that the military government's chief censor, Sharon Smith Johns, has been planning house party since last week. The grog shop she bought her liquor at in Suva, Victoria Wines, had an order delivered to her house.

The picture above shows just half of the booze purchased and sent to a Princes Road address in Tamavua.

EDITOR'S NOTE: Fiji media have dutifully reported prominently that Frank Bainimarama's flood appeal has raised $10,000. In a bid to look good after fronting late, the appeal only makes this slow-thinker look even worse. While he and Khaiyum have boasted the administration is doing so well, they are looking to the people to help flood victims. These two need to take a salutory lesson from 43 year old, Apisai Nauqe, who won $20,000 in cash and a fully furnished house today in the Courts of Fiji lottery draw. The father of two says he will be donating some of it to the flood victims. As usual, it's the little people setting the example for this unelected regime.

Papua New Guinea military coup fails

2012-01-27T13:48:00.004+13:00

The Guardian: A military coup has been averted in Papua New Guinea after government troops regained control of an army barracks, the country's prime minister said.

Analysts warned, however, that peace may not last long, as the failed mutiny risks escalating political tensions in the lead-up to general elections this year.

Soldiers loyal to the former prime minister Sir Michael Somare stormed the Port Moresby barracks early Thursday morning, demanding the resignation of the prime minister, Peter O'Neill, and putting his highest military commander, Francis Agwi, under house arrest.

"The commander is now released. He's not under house arrest," O'Neill told journalists. "As a result, the government has taken full control of the defence headquarters."

The mutiny is the latest development in a longstanding saga involving O'Neill and his political rival Somare, who also claims to be the rightful head of this mineral-rich South Pacific nation.

Somare served as Papua New Guinea's first prime minister after independence from Australia in 1975, and again in 2002 until August 2011, when he was deposed by parliament while receiving medical treatment abroad.

The country's supreme court ruled last month that Somare had been illegally removed and called for his reappointment.

Soldiers working on behalf of Somare told O'Neill on Thursday that he had seven days to fulfil a supreme court order reinstating Somare as prime minister or be forced to suffer "actions … uphold[ing] the integrity of the constitution".

The prime minister rejected calls for his resignation, saying: "This government does not answer to one man calling on us to recall parliament."

He invited those doubting his leadership to introduce a vote of no confidence in parliament, "and if they succeed I will resign".

Elections are due in Papua New Guinea in mid-2012 but could be called earlier, O'Neill said, adding that parliament would resume on 14 February, as scheduled.

While peace has been restored in the nation of 6.8 million, it may be shortlived, said Neil Ashdown, Asia-Pacific analyst at IHS Global Insight.

"The failed military mutiny in Papua New Guinea risks significantly escalating the political standoff in the country," he said. "In the short term, there is the possibility of recriminations against military and political figures seen as linked to the failed mutiny."

The deputy prime minister, Belden Namah, earlier accused Somare of using "rogue soldiers to pursue his own greed and selfishness" and appeared on television to tell the retired colonel Yuara Sasa, who staged the mutiny, that he could be charged with treason – a crime carrying the death sentence.

"Somare has now lost the total respect of the country he fought for independence [for]," Namah told Australian Associated Press.

"I want to say this to Somare: you have lost your mind. You have lost total control of yourself ... You have lost sanity."

Somare has not made any statement regarding the mutiny, but his daughter and media spokeswoman Betha reportedly told journalists that Somare and his 20-odd parliamentary supporters were behind the coup.

Julia Gillard, the Australian prime minister, condemned the mutiny, saying: "The military has no place in PNG politics". She called for the situation to be resolved peacefully and quickly.

Papua New Guinea is home to 800 ethnic groups, and crime and violence are extremely common. In 2002, about 100 people were reportedly killed during election-related skirmishes.

Domestic flights between Port Moresby, the capital, and the cities of Lae, Vanimo, Kiunga and Wewak have been suspended indefinitely, according to the UK Foreign Office, which has advised British nationals in the country to exercise extreme caution in public areas and ahead of the election.

http://www.guardian.co.uk/world/2012/jan/26/papua-new-guinea-coup-fails?newsfeed=true

Retired PNG Colonel says he's taken control to resolve impasse

2012-01-26T18:47:00.007+13:00

Emerging information confirms a mutiny is taking place in Papua New Guinea and is being led by a retired colonel who says he's taken control of the country's military.

Yaura Sasa is threatening to use "necessary actions" to resolve a stand off between the two would-be prime ministers.

Details surrounding the situation are unclear as both the current government of Peter O'Neill and supporters of the former prime minister, Sir Michael Somare (left), maintain they have the upper hand.

But it's being widely reported the retired colonel, Yaura Sasa, has revealed himself as the man behind the group of soldiers who stormed the barracks this morning firing several shots and taking defence force commander Francis Agwi hostage. He's now under house arrest.

Sasa has admitted to media he was appointed by Somare but says today's action is not a military mutiny or takeover.

Sasa says he has given Somare and O'Neill seven days to return to parliament to resolve what he called the country's constitutional impasse.

Somare and O'Neill have been at a stand-off since last August after O'Neill decided to assume the leadership role, claiming ongoing absence by Somare overseas due to illness.

The ABC says PNG's deputy Prime Minister, Belden Namah, has told reporters that 15 of the 30 or so men supporting Sasa have been arrested.

Namah, a former soldier, said the retired Colonel does not have the support of the wider military and that he should give himself up.

He said Colonel Sasa's actions amount to mutiny, which carries the death penalty.

http://www.heraldsun.com.au/news/breaking-news/png-deputy-pm-issues-ultimatum-to-army/story-e6frf7jx-1226254436482

http://www.abc.net.au/news/2012-01-26/military-mutiny-underway-in-png/3794314?se

http://www.bbc.co.uk/news/world-asia-16735688

http://www.fijivillage.com/?mod=story&id=260112fa5040109df0701d8405aed8

More trouble in PNG?

2012-01-26T13:28:00.003+13:00

One of Frank Bainimarama's traditional Melanesian allies, Papua New Guinea, is having a spot of bother according to a report from ABC.

OLD MATES: Bainimarama and Somare in 2008.

There has been a military mutiny in Papua New Guinea, with a group of rebel soldiers taking the commander of the country's defence force captive in Port Moresby.

A senior source in the PNG defence force says a group of between 12 and 20 soldiers overpowered guards at the Taurama barracks around 3:00am this morning.

They took the commanding officer captive, then moved to Murray Barracks and placed the head of the defence force, Commander Francis Agwi, under house arrest.

The source says the former defence attaché to Indonesia, a Colonel Safa, has now declared himself commander.

At this stage it is not clear if the incident is related to the conflict between Peter O'Neill and Sir Michael Somare over the country's prime ministership, or if it is the work of disgruntled soldiers.

When the conflict erupted last month, Commander Agwi recognised Mr O'Neill as the country's legitimate prime minister.

This morning the Reuters news agency reported that the prime minister's office said it was unable to confirm the reports that the defence chief had been seized.

The Department of Foreign Affairs is warning Australians in Port Moresby to avoid travelling in the city this morning.

Sir Michael was ousted as prime minister and replaced by Mr O'Neill in August last year after his seat was declared vacant while he received medical treatment in Singapore.

In December, the Supreme Court ordered his reinstatement as prime minister and as an MP.
But despite that order, Mr O'Neill remained the effective prime minister with the support of the public service, police, defence force and most MPs.

Last week there were rowdy scenes in the parliament when Sir Michael walked in brandishing the court order and demanding his reinstatement.

He was warned by Mr O'Neill that he could be arrested if he shows up again.

First posted January 26, 2012 09:16:32

Fiji under water but no sign of Bainimarama

2012-01-25T09:37:00.001+13:00

Flooding has led to the death of two people and about 15-hundred people are now in evacuation centres. Rivers are still rising so more lives are still at risk with fears these floods will be worse than the 2009 ones that killed eleven, if not a dozen people. But there has been no sign of Frank Bainimarama in any of the areas, like the western division and Nadi, which have been worst hit. In times of disasters most good leaders (forget George W Bush and Cyclone Katrina in New Orleans), front as a gesture of solidarity and support. No sign yet of our fearless leader; the person speaking on the floods and updating regional media has been Sharon Smith Johns. The illegal administration has also today said that a state of disaster will not be declared, despite a request from the head of the western division, who says they need help. Pictures: Nadi's main street and back road. Fiji Times

One vote, one value - one dictator

2012-01-24T18:52:00.009+13:00

Gambia's Yahya Jammeh in 2011. pic The Telegraph

The regime has named CODE Incorporated as the company it is using to conduct electronic voter registration for the 2014 elections, saying it was chosen for "its experience, accuracy and transparency in helping developing nations with logistically challenging terrains - a factor important for Fiji, given that its population is spread over roughly 110 islands."

What it didn't say is that the Ottawa based company's biggest virtue is its experience with broken nations and economies, countries that have been brought down by coups, corruption and civil war and are trying to reinvent themselves, more often without the will of the people.

The illegal attorney general, Aiyaz Sayed Khaiyum, says CODE will help the Fiji regime deliver equity: “For the first time in Fiji’s history, the 2014 elections will feature true universal suffrage—one person, one vote, one value—and it is critical we get it right.”

The reality is that CODE got the nod ahead of even a local Fiji company that has been working on voter registration for some time and ahead of applicants from Australia, Bangladesh, Belgium, Canada, Spain and the United States because of its track record helping autocratic governments.

CODE's website details its capacity to reach its target market (it registered 1.2 million people in Gambia using its mobile registrations unit in six weeks) and has seemingly had equal success in Kenya, Haiti, Iraq and Bangladesh etc etc.

But like another company the regime hired recently to help make itself over as it seeks to legitimise itself, CODE's coffers have been built by helping conflict administrations. The only democratic country it has listed as having done work for, is Canada.

One of those to have benefited from CODE's expertise is the Gambian president, Yahya Jammeh, who came to power in a coup in 1994 at the age of 29.

Jammeh bangs on about anti-terrorism and anti-racist policies and recently promised to crack the whip on 'laziness and corruption' in a bid to turn Africa's smallest mainland country into an economic powerhouse.

In his pre-inauguration address "Gambians United for the Building of Economic Super Power", Jammeh promised to "wipe out almost 82 per cent of those in the work force unless they change their attitudes."

"I will be more dangerous in the next five years than when I was, even in uniform, because people have to change their attitude to work," he said. "You cannot be in your offices everyday doing nothing or leaving the work load on few people. This has to stop. You either do your work or leave or go to jail."

He also says his government will not entertain what media have reported as 'the selfish pursuit of economic gain in an apparent broadside at corrupt officials and perceived foreign enemies'. Sound familiar?

Fiji's very own electronic voter registration programme has been ready for two years. The EVR programme was developed by ITC Services and information leaked to this blog last year showed the Electoral Commission knew the programme was ready to go.

Yet the project came to a standstill with no response from the Elections Office Sayed Khaiyum. Why would Khaiyum ignore a cost effective programme that was developed locally and opt instead for CODE, a company whose clients include Afghanistan, Iraq, Malawi, Gambia, Ethiopia, Nigeria, Sierra Leone, St. Vincent and The Grenadines, Tanzania, Uganda, Yemen? At a cost of $4million.

The most plausible answer is that just as it hired Qorvis, it has now hired CODE to laminate its credibility; to prove it's delivering the 2014 elections and that they will be democratic.

But lest we forget, this is a regime that has broken promises and cheated to stay in power; it has no code of honour.

CODE Incorporated
http://www.codeinc.com/

Gambia's Yahya Jammeh threatens 'lazy workers'
http://www.bbc.co.uk/news/world-africa-16636685

Lack of crew keeps hurting Air Pacific

2012-01-24T11:11:00.002+13:00

More doom and gloom at our nation’s once proud airline.

Sources within Air Pacific have confirmed to Coupfourpointfive that Pacific Sun’s ATR-42 flew from Nadi to Suva empty on Monday morning due to unavailability of cabin crew.

They say one of Air Pacific’s Boeing 737 aircraft is also stuck in Auckland NZ while a B747 has been stuck in Los Angeles for the past two days due to unavailability of flight crew.

They also say the unelected prime minister Frank Bainimarama paid a surprise visit to Air Pacific CEO, Dave Pflieger, to find out what is going on and that Pflieger was none too pleased at being interrupted from his tax-payer paid holiday dream job.

FNPF Transition Decree - last nail in FNPF coffin for pensioners

2012-01-23T19:36:00.000+13:00

by Dr Wadan Narsey

The illegal President has signed the unlawful “Fiji National Provident Fund Transition Decree” which trashes lawful contracts between FNPF and pensioners, takes away their basic human rights to personal property, and removes their basic human right to take their just FNPF grievances to court (while it shamelessly claims that no one’s human rights are adversely affected by this Decree).

The FNPF Transition Decree claims in Part 2, that:
“the principal object of this Part is to ensure that the arrangements for the provision of annuities by the Board are sustainable, non-discriminatory, and do not involve cross subsidy of one group (pensioners and annuitants) by another (FNPF members).”

Such phrases are also in the draft FNPF Act, and the drafters have no idea (or they don’t care) how internally inconsistent all these phrases are even within their Decrees (elaborated below).

The Decree makes a pathetic attempt to justify itself by referring to IMF, World Bank, ILO and “actuarial experts” who we know all recommended reductions of future annuities, but none recommended the breaking of lawful contracts and basic human rights to property nor of denying recourse to justice for existing pensioners.

These agencies need to be publicly challenged as to whether they lend their support to this unlawful Decree which undermines laws of contracts and fundamental human rights of pensioners in Fiji.

The Decree has five Parts:

Part 2: Terminates the current pensioners’ claims
Part 3: Share investment scheme (not commented on here)
Part 4: Protections (what a farce).
Part 5: Regulations (not commented here)

Part 2: Trashing lawful contracts

Despite the FNPF CEO’s strange claim that pensioners do not have a “contract” but an “agreement”, the facts all suggest that pensioners do have lawful contracts approved by the elected Fiji Parliament:

I remind again, Article 4 of the FNPF Act states that the FNPF Board shall be a body corporate and shall, by the name of "The Fiji National Provident Fund Board", have perpetual succession and a common seal .... The Board may sue and be sued in its corporate name and may enter into contracts.

(a) the contracts were freely offered by a corporate body, FNPF, on the OP-9 form all of which were signed by pensioners and accepted by FNPF.

(b) On Form 9-OP, the FNPF informed the retiree that if he chooses to take the pension options, he will receive exactly this or that annuity (annual sum of money in dollars, and exactly this or that precise percentage of his final balance) payable for his lifetime (single pension) and the lifetime of his last surviving partner (in the case of the lower double pension).

The FNPF warned pensioners “Once you have made your choice it is final and cannot afterwards be changed or revoked.” The pensioners had entered a legal contract which could not be changed by them.

But the FNPF and the Military Regime clearly think that they can do whatever they want.

Part 4: Protections: Stealing pensioners’ lawful property

Article 17 of the Universal Declaration of Human Rights (UDHR) says “Everyone has the right to own property” and “no one shall be arbitrarily deprived of his property”.

Have a laugh if you thought that Part 4 of the Transitional Decree titled “Protections” was about protecting you, the pensioners and your property.

Do you really believe Subsection 11 (2) of the Transition Decree which brazenly claims “the relevant provisions are not to be taken to provide for a deprivation of property of anyone”. What a farce.

By all relevant criteria, the current pensioners’ FNPF annuities are real financial property, guaranteed by a lawful contract guaranteed by elected Fiji parliaments.

Yet for virtually everyone currently receiving more than $300 per month, their entitlements are going to be drastically reduced – by between 30% and 54% of their lawful property. i.e.

The total loss to existing pensioners, in present value terms, will amount to more than $150 to $200 millions in aggregate (I roughly estimate).

Given that Australia and NZ do not recognize the Military Regime or its unlawful decrees, FNPF pensioners who are being adversely harmed might think about suing FNPF in Australia or NZ where FNPF has investments.

Part 4 “Protections”: Denying Human Rights of Access to Justice

Clause 11 of the Regime’s Transition Decree shamelessly states the following, straight out of Animal Farm: (1) “The relevant provisions are not to be taken to be inconsistent with a human right or a similar right of any person”. What a farce.

i.e. the Military Decree assures you, in legal gobble-de-gook, that your human rights are not being harmed. What a farce.

Article 8 of the Universal Declaration of Human Rights (UDHR) states “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law”.
Article 10 of the UDHR “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations...”.
But Subsection (3) of Part 4 of the Regime’s Transition Decree states: “No court, tribunal, or other adjudicating body has jurisdiction or power to accept, hear, determine or in any other way entertain any challenge by any person, or to grant any remedy or relief to any person in respect of” (a and b) the validity of the Decree and (c) “any loss or damage suffered by any person...” as a result of the provisions in the Decree.

(4) states if there is any relevant claim before any court, “the presiding judicial officer, without hearing or in any way determining the proceeding of the application, shall immediately transfer the application to the Chief Registrar of the High Court for the termination of the proceeding or the application...” and “a certificate to that effect shall be issued by the Chief Registrar of the High Court”.

(5) states if any relevant proceeding has already been started but not determined, that proceeding is also terminated.

(6) in case some brave judge thinks otherwise, the Transition Decree sternly warns that any court that is currently hearing such a proceeding, “must, on application by the Attorney-General ... issue a certificate to the effect that the proceedings .... have been wholly terminated..”.

And under (7) Such terminating certificates cannot be challenged in court.

Bottom line: the judiciary will not be allowed to hear your case, even though it involves a lawful legal contract entered into between FNPF and pensioners (backed by elected Fiji Parliaments), your basic human right to personal property, and your human right to go to court with your just grievances.

Tough luck for the Burness/Shameem case, eh?

The very fact that this Military Decree stops all legal challenges is clear evidence that the Regime knows that the FNPF case will not stand up in court.

Why else would they have Part 4 in this Decree, alleging “Protections” – yeah, protection of the Military Regime against legal action.

So much for the separation of the judiciary from the State.
Part 2 of Decree: False claim Number 1

Part 2 of the FNPF Transition Decree claims that the lumps sums the pensioners left in the Fund and the investment income thereupon (allegedly amounting to $310 million), cannot meet the present value of the future liabilities owed to current pensioners ($565 million).

This statement totally ignores that:

(a) there was a Pension Buffer Fund specifically set up for this very purpose by the Fiji Parliament;

(b) that Pension Buffer Fund (which had lump sums paid into it and pensions paid out) was not credited with the interest which it was entitled to,

(c) that this Pension Buffer Fund would have accumulated to more than $850 million by now- ie $300 millions more than the $565 million that is admitted (for the first time), to be the present value of liabilities to current pensioners.

Part 2 of Decree: False Claim 2: the Board will be non-discriminatory.

Part 2 of the Transition Decree claims that the FNPF Board will be “non-discriminatory”.

Yet Clause 8 (titled “Top ups”) is all about arbitrarily discriminating between different classes of retirees- whether they are currently receiving less than $100 per month, receiving between $100 ands $300 per month, and more than $300 per month.

Subsection 8 (2) states that for those pensioners currently receiving less than $100 per month, and who wish to convert their lump sum to the new annuities offered which will of course be less than $100 per month, the Board will arbitrarily offer $100 per month.

i.e the FNPF now will become a welfare organization, (with whose permission?) subsidizing current low annuity pensioners at other pensioners’ expense. So cross-subsidization will continue, whatever the Decree claims.

I will also bet you, that the over-paid drafters of this Military Decree have never thought about those retirees who might currently have an annuity less than $100 per month, only because they took a partial lump sum upon retirement.

Subsection 8 (3) states that if any pensioners are currently receiving more than $100 (bad drafting- it should really be stating that if a pensioner is receiving between $100 and $300 per month) and they leave all their lump sum entitlement with the Fund and take the new annuities being offered, then they will receive either their current annuity or $300, whichever is the lesser.

i.e. those pensioners currently receiving between $100 per month and $300 per month will be left alone.

Subsection 8 (4) then states amazingly, that if you are currently receiving more than $300, ands leave all your lump sum entitlement with FNPF and take the new annuity rates that apply to you, then you will arbitrarily have your lump sum increased by $10,000 or 25% of your existing lump sum, whichever is less.

Why are they giving this small “bonus” lump sum option rather than just raising the annuity rates? Because they want future retirees to receive the lower annuities.

They will give a small lolly to existing pensioners, whose contracts they know they are breaking.

So for any particular retirement age in the past, pensioners will lose a higher proportion of their annuity, the higher was the lump sum they left in the Fund: i.e. the more you trusted the Fund, the bigger is the percentage you will be losing.

For a lump sum of $100,000 you will lose 36% if you have just retired, the loss increasing to 50% if you are age 66, and then decreasing to 46% if you are about 72 years old now.

How astonishing for a Decree that claims that the FNPF will be non-discriminating!

This Transition Decree, contrary to its claims, is discriminating between all kinds of retirees, discriminating by age and by lump sum originally left in the Fund.

The Military Regime and the FNPF Board have set themselves up as redistributing agencies between pensioners or all kinds.

And how do they intend to make sure that future pensioners and future contributors are not discriminated between?

Aaaah. You do not need to be an Albert Einstein to figure this out, do you? Just as they allegedly eliminated discrimination between past pensioners and current contributors.

What of the future?

Many current and future pensioners are asking what they should do

Should they take the lump sum being offered, or the new annuity rates?

Sorry, but all current and future pensioners have to answer this question themselves.

But there is a quiz in the previous article which current pensioners can rack their delicate or tired brains over, if that’s any help.

Why have the talks for the 'new Constitution' been cancelled?

2012-01-22T12:45:00.011+13:00

EFFING ALL TALK: My fellow Fijians I am painfully corrupt.

The public relations consultations to form a new constitution that were supposed to start tomorrow have been cancelled.

MINFO has given no reason for recalling the media alert to the talks and has only said news teams will be advised of a new date.

PER lifted but Public Order Act brings new terror

Media were only advised on Friday that the meetings, which were supposed to start tomorrow and finish on Wednesday February the 8th, will not go ahead.

The consultations were supposed to be conducted by the Public Relations & Media Unit of the Strategic Framework for Change Coordinating Office, from the office of the unelected Prime Minister.

The regime's leader, Frank Bainimarama, talked up the 'consultations' in his New Year address when he revealed the public emergency regulations were to be removed.

In that address he said the lifting of the PER "marks an important step toward the public consultations for the formation of a new constitution under which truly democratic elections can be held. I shall give further details in due course of the shape and form of the consultations which will commence in February."

He said: "My fellow Fijians I am painfully aware that for decades, Fiji was mismanaged and hindered by greed and selfishness. Fiji has changed. We must however be vigilant. Corruption and prejudice must not be permitted in our modern nation. You and I must not allow a few to dictate the destiny of our country for their own selfish needs."

He added: "Therefore, when the consultations for the new constitution commences in 2012 your must think responsibly. You must think of and for the future. There are certain features of the new constitution that will be non-negotiable. The constitution must establish a government that is founded on an electoral system that guarantees equal suffrage – a truly democratic system based on the principle of one person, one vote, one value; We will not have a system that will classify Fijians based on ethnicity; and, Our young men and women, those 18 years old must have the right to vote.

"I will in the next few weeks announce the nationwide consultation process which will commence in February 2012. To facilitate this consultation process, the Public Emergency Regulations will cease from 7 January 2012."

From his speech on Friday January the 6th where he claimed "there is nothing I want than a truly democratic government", he turned again to the consultations as the way to move forward.

He said: "Ladies and gentlemen: As I announced in my New Year’s address, the Public Emergency Regulations will be lifted from tomorrow. This marks an important step toward the public consultations for the formation of a new constitution under which truly democratic elections can be held. I shall give further details in due course of the shape and form of the consultations which will commence in February."

We must remain alert to the consultations and if there is cynicism and suspicion, they are justified. This is, after all, the regime that did us over the removal of the public emergency regulations: the PER has indeed gone but we now live under a new reign of terror, the Public Order Act.

The writing is on the wall but the much hyped discussions will keep us in the game with this Machiavellian regime.

EDITOR'S NOTE Monday, Jan 23 11am: Aiyaz Sayed Khaiyum has since told Radio New Zealand "economic and social rights should be discussed as part of consultations on the new constitution" and that the "consultations start next month in time for the elections promised for 2014." He also criticised the existing Constitution comparing it with South Africa’s which includes provisions on socio-economic rights. Quote: "If you look at the 1997 constitution, it did not have those provisions it had purely what are generally termed civil and political rights but not the economic rights and the social rights. So these are the sort of things that are up for discussion.”

New Zealand backlash to new Fiji departure tax

2012-01-21T11:13:00.012+13:00

Stupidity or bravery seems to have struck the regime.

It's hiked the departure tax from Fiji from $FD100 to $FD150 dollars - a move which has already started a backlash.

The departure tax was bumped up via a new decree and the New Zealand travel industry is gagging at the increase.

The country's largest travel agency, the Flight Centre, is giving Kiwi travellers who had plans to holiday in Fiji what it says is the option of transferring their deposits to other destinations - the Cook Islands, Tonga, Vanuatu, Hawaii, Niue, Bali or Thailand, to avoid paying the extra tax.

In a statement, the Flight Centre describes the new departure tax as "unfair to travellers" and predicts it will hurt and put off thousands of Kiwis.

The regime has been glorying in what it says is record tourists numbers to Fiji, especially from Australia. It remains to be seen if the Ockers do a runner but if New Zealand's reaction is anything to go by, the regime may have blundered.

The illegal attorney general and the illegal president, Aiyaz Sayed Khaiyum and Epeli Nailatikau, also signed off this week on a swag of other decrees, including the Public Order Amended Decree 2012, which has been finally released to the public.

Included in the record 12 decrees released publicly yesterday, were new protocols covering tax (excise, income, service, VAT, fringe benefits), customs and roads.

The latest decrees can be viewed here: http://fiji.gov.fj/index.php?option=com_docman&task=cat_view&Itemid=158&gid=123&orderby=dmdate_published

Fiji AG questions Flight Center's motive
http://www.radiofiji.com.fj/fullstory.php?id=43056

NZ travel agent says increase in departure tax to affect travel to Fiji
http://www.fijivillage.com/

Cock-eyed ruling about cock and bull Personality poll

2012-01-20T20:59:00.006+13:00

Predictably, and after what seems to have been a very quick investigation, the Commerce Commission has ordered Fiji TV to apologise for its controversial text competition and to refund the monies of those who took part.

The regime claims the unelected prime minister, Frank Bainimarama, was the real winner of the Personality of the Year poll after Fiji TV closed the competition a day early, omitting hundreds of votes that supposedly put him ahead of the original winner, Premila Kumar.

Coupfourpointfive, however, revealed the poll was rigged and that the so-called 1500 votes for Bainimarama came from two government phones: one of them this number 9905393.

Our inside information also revealed that Vodafone boss Aslam Khan tipped the regime off to the poll closing a day early and that Vodafone also alerted it to the fact that Bainimarama was losing badly to Premila Kumar. Fiji TV was forced to bow down to pressure from the illegal attorney general, Aiyaz Sayed Khaiyum: sadly, the pay TV has again bent over.

In a sham of a decision, the one-eyed Commerce Commission chair Mahendra Reddy (pictured above) today announced Fiji TV has agreed to "not engage in this type of behavior and maintain the highest ethical standards as well as providing an apology to individuals for whom the public voted for."

Reddy claims his investigation showed that neither a written terms and condition and closing date was provided for the competition and that while it was supposed to stay open until December 31 midnight, the tally was done for votes cast up until 8pm December 30 only. It also says messages were sent to voters the next day saying their votes had been registered successfully when in fact, they had not been tallied up.

He says that Fiji TV in its letter to the Commission this Tuesday agreed that it erred in not informing the members of the public of the closing date and that it extracted the voting results after the 6pm news on Monday 30 December, 2011.

Reddy also says Fiji TV today signed a Deed of Settlement agreeing to undertake what it has been asked to do by the Commission adding the Commission will now develop guidelines to all media outlets on how the texting promotions are to be run in future.

It appears that even texting in Fiji is now under Decree.

Fiji TV in breach of Commerce Commision Decree
http://www.fijivillage.com/
Fiji TV to apologise for text competition
http://www.radiofiji.com.fj/

Regime skites to NZ about its good deeds

2012-01-20T15:15:00.001+13:00

Aiyaz Khaiyum - or is it the Qorvis brats Seth Thomas Pietras and Tina Jeon - writes to the New Zealand newspaper, the Dominion, to say 'Fiji is working diligently to define a new future for itself' and will be a 'true democracy in 2014.' The following was found in the Opinion section in yesterday's paper.

Fijians control own destiny under Bainimarama

AIYAZ SAYED-KHAIYUM

Last updated 12:29 19/01/2012

OPINION: The Dominion Post can make outlandish claims and offer distasteful descriptions of the Fijian government (Commodore's foot still on Fiji's throat, January 10) but what it always fails to do is ask the simple question of what the Bainimarama government has done while in power? Wild accusations overwhelm any desire to examine what is actually happening in Fiji.

To begin, the government has strengthened the Fijian economy and created jobs. Standard & Poor's recently upgraded Fiji's sovereign debt rating. We have a net deficit position of 1.9 per cent (ahead of the IMF's recommended target of 2 per cent). And we have even sought to creatively align ourselves more closely with free market principles, including cutting or eliminating taxes for 99.4 per cent of taxpayers (putting about $53 million back in the pockets of Fijians) and significantly cutting taxes across the board for businesses to promote investment.

A "Social Responsibility Levy" has further been applied to the top 1 per cent of taxpayers to help fund new social welfare programmes, and all of the existing ones have either continued or expanded this year to serve the elderly, the disabled, pregnant women, school children and squatters.

The government is also providing real and tangible services to Fijians: new roads, electricity, clean water, subsidised bus fares, unrestricted internet access – including free internet tele-centres – most of which is being brought to places that never had it before. There's also unprecedented investments in healthcare and education, with new programmes to provide practical skill training for rural and maritime Fijians to better compete with their urban peers.

In fact, according to the United Nations second National Millennial Development Goals Report 2010, Fiji has already made significant progress in universal primary education "through strong and effective education policies".

Enabling our government to deliver to our citizens is our focus on eliminating waste, fraud and abuse. Our government unreservedly ratified the United Nations Convention Against Corruption in 2007, for which Fiji has volunteered and undergone peer reviews by countries such as the United States and France.

Anti-corruption practices have angered many who benefited from the old system, but these new ways have encouraged trade and investment – which we have seen from Australia, China, India, Indonesia, Japan, Korea, Malaysia, New Zealand and the United States, among other countries.

New and further transparency rules will soon be put in place to ensure all government officials properly disclose their assets and investments.

MOST importantly, however, the Bainimarama government has undone decades of institutionalised racial and religious discrimination, and created a common and equal citizenry. All citizens of Fiji are now "Fijians". This was never the case before.

Critics in New Zealand and Australia may decry our process of establishing a path to true democracy, but what has enabled Fiji to get this far were the Public Emergency Regulations, which curbed self-interested individuals, religious groups and self-serving unionists – all of which would have prevented the passage of such decrees as anti-discrimination laws, the codification of equal rights for women, child welfare laws, and the equal distribution of land lease monies, among many other basic rights that previously did not exist.

Those emergency restrictions are now gone, and while Fiji welcomes statements of support from the international community, we do recognise that many in this group for decades either directly or implicitly supported Fijian governments that were corrupt, that relied on ethnic categorisation and discrimination, and that maintained only a thin veil of democracy.

As obviously bears repeating, Fiji has never had "one person, one vote, one value". Yet the international community never required that to offer its backing to previous governments. They just needed hollow elections, which in Fiji merely concealed the turmoil of pre and post-colonial strife – which led time and again to destabilising events, coups and terrorism.

Fiji will, however, be a true democracy in 2014 – consisting of an equal and common citizenship, access to substantive justice, and true universal suffrage. We will soon commence consultations for the formulation of a new constitution that will guarantee these universally accepted principles and values.

Foreign media such as the Dominion Post and its columnists may make pointed threats and bluff with scorn, but Fiji is working diligently to define a new future for itself, one that provides Fijians with control of their own destiny.

Aiyaz Sayed-Khaiyum is the Attorney-General of Fiji.
http://www.stuff.co.nz/dominion-post/comment/6282605/Fijians-control-own-destiny-under-Bainimarama

Fiji Govt Online continues to be a target

2012-01-20T12:30:00.002+13:00

Screenshot of www.fiji.gov.fj at the time of the attack

The website http://www.direxer.com/ is claiming responsibility for hacking the regime's Fiji Govt Online as recently as last night.

The website was hacked just a day after the illegal leader (January 2), Frank Bainimarama, announced he was lifting the public emergency regulations.

As people rushed to read his speech, the hacked website diverted visitors to a website in Malaysia.

Hackers say they again brought down http://www.fiji.gov.fj at 7.30pm last night for half an hour.

Anyone visiting the web portal reportedly only saw a black page with the slogan "CODE SECURITY WAS HERE" and a Code Security logo.

The page title had been changed to "Hacked by direxer".

Months ago the resistance movement requested assistance from international hackers.

June 28, 2011

HackerLeaks received a message purporting to be from intelligence officers in Fiji requesting the aid of hackers worlwide in hacking their own governments servers. here's the full text of the message received and the reply address.

"Hello brothers

We are intel officers fighting to free Fiji from a dictactor and its miltray rule by bringing peace and a democratic government. The people are being beaten everyday while our government fills it pockets with huge monies from public funds.

Reference of what is happening in our small country Fiji can be found at our blog sites:

https://mail.cyber-rights.net/mail/showHelpFile.php?file=popupHyperlinkHelp.html

we in Fiji dont have resources to fight the government and retrive information from their servers to let the world " know the truth" about our governments shady dealings. That is why we need you.

please help us crack and steal government file and sites.

www.fiji.gov.fj/

Disillusioned loyalists urge Mara to 'wake up and hear the cry of the people'

2012-01-18T14:47:00.009+13:00

THUMBS UP CAMPAIGN: Mara trademark.

Coupfourpointfive today asks the question that is on a number of people's minds: Where is Roko Ului Mara and what is he doing to deliver on his early promises of 'telling all' about Frank Bainimarama to help liberate the people of Fiji?

In the interest of the people who supported him, this blog questions the credibility of Roko Ului Mara, the former 3FIR leader who last year fled to Tonga after being charged for sedition with fellow RFMF officer, Pita Driti.

Questions have been coming in to us reinforcing what we, too, have felt for some time: why is Roko Ului blogging instead of following through with promises to bring down his former regime colleagues, using his inside information since he was right there with them?

There are still pockets of support for Mara but we believe this story needs to run to answer the people of Fiji who want freedom from the unelected government of Bainimarama and Aiyaz Sayed Khaiyum: people who last year embraced Mara despite his links with the regime. The same people who are now asking what has Mara really revealed that has been useful to the fight for democracy?

As an insider says, from the time Mara defected from Fiji with the help of the Tongan navy, people have had a lot of hope in him to help Fiji move out of dictatorship. But for some months now, Mara has been fading away with the launch of his website and his analysis of the Fiji situation - work that blogs are already doing and doing better.

What has happened to his Pacific wide campaign against the regime and the 10-point transistion plan that included the removal of the Public Emergency Regulations, the restoring of the 1997 Constitution and the establishment of a Truth and Reconciliation Committee? What has happened to the information that was given to the New Zealand government ahead of the blogs?

Similar questions have been voiced by his loyalists in emails to Coupfourpointfive; loyalists who have now decided to answer for themselves the following:

1) What has Mara actually achieved? Nothing. There has been no concrete evidence from him on Bainimarama with him maintaining the same lines the blogs have been running for the last four and a half years. It is a clever cut and paste job.

2) Where is he now and does he plan to return to Fiji? His stay in Australia has turned into one of luxury. There is no sign of his 10 point plan. Mara is enjoying the contributions from democracy groups and forgotten his men in Fiji who are suffering because he just calls to get information and no action is forthcoming.

3) Lack of direction and focus. What was he doing in New Zealand in September watching the Rugby World Cup finals when he was supposed to be leading the fight against Bainimarama?

Information suggests that Mara now wields no power or support that sees him the legitimate mover as he claims to be.

An insider has told Coupfourpointfive: "Our message to him is that the resistance wants your support - not your political words written by someone else."

According to sources, "Mara's writers are his sisters plus the Australian democracy guys". But as a key insider says, the move is not against him - but aimed at waking him up because even now his right hand man is saying that Mara is keen only on enjoying the life in Australia." (He was in Tonga late last year and according to sources was heading back to Australia after watching the rugby world cup in New Zealand).

This from a well-placed source: "Mara is not the brains - just a order following guy - he is not like his father - he is easily swayed by politicians and others to taking a road he is now on - which is a road to nowhere. I say 'where deafs can't hear - you need no talk but action.'

"We have heard that he collected a handsome sum of monies to follow a road map to democracy. He has not financed a single cent in any of the Fiji operations - even VRF used local funds to do what they do.

"The general vote now is that we better turn to our own man here in Fiji and do what needs to be done. Mara is a failure - unless he wakes up and hears the cry of the people of Fiji and not talk but stand up like a man and come clean on Frank."

Insiders note that at the time of Mara's escape to Tonga they felt that it was unlikely he would 'reveal all'.

But they say he was given the chance to show what he could do in the interest of the fight against the regime. Disappointingly, apart from a "few revealing facts on torture and the publications on the 2000 coup" and the recent casino controversy, he has produced little else. They say he is now NATO - No Action Talk Only.

Coupfourpointfive has said that 2012 should be a Year for Justice. For that to happen everyone who is in a position to help restore democracy to Fiji needs to knuckle down. Will Mara be one them?

Air Pacific disruptions due to lack of crew

2012-01-16T18:34:00.002+13:00

Air Pacific has farewelled one of its longest serving planes but it can't shake its so-called maintenance problems.

A big deal was made a couple of days about the 767-300 Island of Taveuni plane making its final flight to Hong Kong ahead of the arrival of the new Airbus A330 fleet.

But not a mention about the problems that continue to dog Air Pacific with pilots now adopting work to rule.

Previously, airmen would go out of their way to assist if their services were needed to bring tourists in or fly them out of the country.

This is not the case anymore. Pilots are now only doing flights they are rostered for as a result of the new job and salary conditions, which came into place on January the first.

The results, as we have seen, have been nothing short of disastrous. Flights have had to be cancelled because of a lack of crew. Air Pacific's spin doctor, Shane Hussein, is doing a good job lying to the public that it is maintenance issues causing the disruptions.

In fact, Air Pacific has had to charter seven flights from Qantas and Air New Zealand in the past two weeks to cope with the cancelled and delayed flights.

When you add the cost of these charters with hotel accommodation and meals for disgruntled passengers (mostly tourists), it paints a troubling picture. How long can the disruptions continue and how much is it costing the airline?

In Fiji's case it's definitely a case of more is less

2012-01-16T14:52:00.002+13:00

It's been more than a week since the public emergency regulations were lifted and a quick look at the media reveals nothing seems to have changed. News teams remain well-heeled although the Fiji Suns seems poke its head out on the odd occasion, confident perhaps because of its status as the official regime organ. Similarly, the 'analysis' being offered about major issues such as the new public order, is in the vein of 'helpful information' rather than a hard hitting challenge to the continued loss of citizen's rights. See below.

By NAZHAT SHAMEEM
(Ms Shameem is a former High Court judge. She is now a legal consultant)

PART II

What powers do the police have under this section?
1.   To prohibit a meeting, procession or assembly[.
2.   To direct any meeting assembly or procession to disperse.
3.   After due warning, a police officer may use any force he/she deems necessary including the use of arms to disperse the meeting, procession or assembly, and to apprehend any person present. In such a case the police officer is immune from civil or criminal suit.

These provisions are similar to regulation 3 of the repealed Public Emergency Regulations although there is no longer a power to attend meetings on reasonable suspicion that there will be a breach of the peace.

The power to use whatever force is necessary to disperse a riot was previously given to the police under section 90 of the Penal Code.
Immunity from civil and criminal suit was also provided under section 90 of the Penal Code. Thus these are old powers.

The new section 10 creates offences of taking part in a meeting held without a permit or in breach of the conditions of a permit.
The maximum penalties are five(5) years imprisonment and/or a fine of $10,000. A person who organises a meeting in breach of the Act is liable to the same penalty.

The new section 11 of the Act gives the Commissioner of Police or the person in charge of the police district powers to close roads or to regulate the use of public places in order to secure public safety or to maintain public order.

In an emergency a police officer above the rank of inspector can exercise these powers but for only 24 hours or until the order is endorsed by the Commissioner or the officer in charge of the police district. Section 11A, is comparable to section to section 5 of the Public Emergency Regulations, except that one of the grounds on which the Commissioner can act under the Public Order Act is “for ensuring that the economic and financial integrity of Fiji is not undermined or sabotaged”.

The Decree also adds a new Part 3A to the Public Order Act.
Section 12A provides that the penalty for an act of terrorism is a maximum of life imprisonment. Section 12B creates an offence of harbouring a person who has committed an act of terrorism. Section 12C creates an offence of knowingly providing or offering to provide a weapon to a group or organisation involved in terrorism.

Participating in terrorist groups is an offence under section 12D and recruiting into terrorist groups is an offence under section 12E.
Sections 14, 15, and 16 are left untouched in the Public Order Act except for an increase in the penalties for the offences.
Section 17, which is the “hate speech” offence, is amended by adding two further categories of result which is likely to be caused by the report or statement.

One is “incite or promote religious, ethnic, or communal hatred or dislike” and the other is “undermine or sabotage or attempt to undermine or sabotage the economy or financial integrity of Fiji’.

Further after the word “race” the words “religion, ethnicity, or community” are added wherever “race” appears in the section. Subsection (2) which permitted newspapers to report hate speeches is deleted. The offence is given extra-geographical jurisdiction by the insertion of a new subsection (5). This means that hate speeches made overseas by Fiji citizens and residents can be tried in Fiji by the Fiji courts.

The new sentence for hate speeches is now a maximum of (five) 5 years imprisonment and/or $10,000 fine A new section 17A gives powers of arrest for police officers in relation to public order offences or offences under the Act.
These offences include terrorism, racial vilification and trafficking in persons.

Where a police officer has reasonable suspicion that a person has acted or is about to act in a manner prejudicial to public safety or the preservation of peace, or is about to commit a public order offence, or on being questioned by the police a person fails to satisfy the officer as to name or address, or purpose for being in the place where he or she is found, the officer may arrest the person without a warrant.

The police may also detain the person for investigations for up to 48 hours. Thereafter the person can be detained for 14 days but only on the authority of the Minister, who must be satisfied that the enquiries cannot be completed within 48 hours.
After 48 hours or up to a further 14 days the person must either be released or brought to court. The Criminal Procedure Decree gives the police powers to detain for enquiries for up to 24 hours, for offences other than murder or treason, and to grant bail after the expiry of 24 hours unless the case is of a serious nature.
If the case is serious, then the suspect can be kept in custody and produced in court “as soon as practicable”.

The Public Emergency Regulations allowed the police to detain persons in custody while acting under those Regulations for up to 7 days after the initial 24 hours, with the authority of a magistrate or police officer[20].

Section 17B permits any police officer to use whatever force is necessary to arrest a person suspected of having committed a public order offence.
This provision is similar to section 90 of the repealed Penal Code in relation to powers of arrest for riot and unlawful assembly. It is an offence to obstruct officers under the Act.

Section 17C provides that a member of the armed forces, when directed by his/her commanding officer, at the request of or with the concurrence of the Commissioner of Police, to exercise any of the duties or functions of the police or prisons officers.
A new Section 21 is inserted in the Act. It reads that no court, tribunal, commission or other adjudicating authority may hear a challenge to the validity, legality or propriety of any decision made under the Public Order Act by the Commissioner of Police, Divisional Police Commander or Minister or any public official.

Where any such claim is brought, the file will be taken to the Chief Registrar for termination of the proceedings.

That is a summary of the provisions of the Public Order Act after the amendments.

The Public Order offences
Are the public order offences, to which the Act now applies new offences? If they are old offences which previously existed under the Penal Code, have they been modified either in the Crimes Decree, or in the Public Order Act itself?
Treason – Under the Penal Code there were several treason offences, defined under sections 50,51, 52, 53 and 54.

Treason itself was simply defined as any act which in England would be termed treason.
The term was defined in State v. Timoci Silatolu and Josefa Nata [2006] AAU0024/03S.
Section 51 of the Penal Code stated that any person who instigated any foreigner to invade Fiji with an armed force was guilty of treason. Section 52 created the offence of misprision of treason[23] and section 53 of the Penal Code created the offences of “treasonable felonies”.

Any person who formed an intention to depose the State or to levy war against it or instigated an armed invasion of the state by foreigners committed treasonable felonies.
The Crimes Decree definitions of treason and related offences are more specific.

Levying war against the State is still treason[24], but so is instigating invasion, killing the President or the Prime Minister or engaging in conduct that materially assists another country which is engaged in armed hostilities against Fiji.

There is a special offence under section 65(1) of intentionally urging another person to overthrow by force or by violence the Constitution of Fiji, or the Government of Fiji, or the lawful authority of the Government of Fiji.

These were not specific offences under the Penal Code, although they could be alleged as overt acts to the offence of treason. Spreading racial or communal hatred or antagonism is a new offence under section 65 (2).

However although a new offence, it is very similar to the offence in the Public Order Act of inciting racial antagonism[25]which is retained and extended after amendment.
Sedition – now under sections 66 and 67 of the Crimes Decree, the offences of sedition are identical to the old Penal Code definition of sedition under sections 65 and 66.
However, Sections 67 and 68 of the Penal Code which allowed the court to suspend the operation of a newspaper found to contain seditious material and to prohibit the circulation of seditious reports are not included in the Crimes Decree. Important safeguards to freedom of speech are set out in the proviso to section 66 of the Crimes Decree[26].
Terrorism – Is made an offence for the first time, although the Financial Transactions Reporting Act 2003 made the financing of terrorist activity unlawful and defined terrorism in similar terms to the Public Order Amendment Decree.
Human Trafficking and People Smuggling-Offences created in accordance with the definition of trafficking in the United Nations Trafficking in Persons Protocol were incorporated into our laws for the first time in 2009 when the Crimes Decree was passed.
The offences are based on the prohibition on the transportation of people in and out of Fiji, or within Fiji, for the purpose of exploitation, or by deceit.
Genocide, crimes against humanity, slavery, sexual servitude and apartheid are all offences from the Rome Statute of the International Criminal Court.

Fiji was required by her obligations under the Rome Statute to pass laws identical to the Rome Statute laws for international crimes.
Hate speeches and incitement to violence – These are all old offences created by the 1976 edition of the Public Order Act itself.
There is a new offence under section 65 (2) of inciting communal antagonism which falls within the ambit of “public order offence” for the purposes of the Public Order Act.

The Media
The provisions in the Public Emergency Regulations permitted the Permanent Secretary to check on stories before publication. The Permanent Secretary no longer has these powers now that the Public Emergency Regulations have been lifted.

However the Minister for Information has similar powers under section 80 of the Media Industry Development Decree.
Complaints against the media can be made under section 54 of the Decree, and non-compliance with the code of ethics in the 1st Schedule is one of the possible grounds for complaint. A complaint may be dismissed summarily or referred to the Media Tribunal for adjudication.

What advice should be given under the Act since it was amended and the Public Emergency Regulations were lifted?

1.   When organising a meeting of three or more persons, you should apply for a permit from the police. This law has remained unchanged since 1969.
2.   When a permit is granted you must adhere to its conditions because failure to do so may lead to a refusal of a permit when you next apply.
3.   The Media is now regulated by the Media Industry Development Decree. Media agencies should be aware of its provisions, and of the powers of the Media Industry Development Authority, The media will be judged ultimately by adherence to the Media Code of Conduct, in the Media Industry Development Decree.
4.   In making statements in public you must not incite racial antagonism.
You must not make a report or make a statement that is likely to promote feelings of enmity amongst the different communities, religious groups, or classes of the community.
You must not become involved in terrorist activity. You must not cause any harm to others, nor must you make threats of harm to others.
5.   You must not make hate speeches or speeches in contravention of section 17 of the Public Order Act even when you are travelling abroad.
6.   In seeking to promote changes to our laws and constitution, you must not urge the use of force or violence.
7.   In seeking to make changes to the law you must not cause discontent or disaffection amongst the people of Fiji unless you are pointing out factors which cause any such discontent.
8.   When asked for your name and address by the police you must not give a false name and address. When asked you should explain what you are doing in the place where you are being questioned.
9.   When in doubt about the effect of the law on your conduct or proposed conduct, consult a lawyer.

[1] Section 2 Public Order Act
[2] Section 4 Public Order Act
[3] Section 8 (1) (a) (b) and (c)
[4] Section 8 (5)
[5] Section 15 (a) (b) and (c)
[6] Section 16
[7] Inserted in 1976 by Act No. 19 of 1976
[8] Maximum sentence – 1 year’s imprisonment and/or $500 fine
[9] Section 7F
[10] Section 7F(2)
[11] These were the sections which empowered the Minister to prohibit assemblies and meetings, empowered the police to stop and disperse meetings and processions, and created a “deeming” provision that a meeting in breach of a permit was deemed to be an unlawful assembly.
[12] Section 9 (1) (a) and (b)
[13] Section 10 (1) and (2)
[14] Section 9 (1) (a)
[15] Section 9 (1) (b)
[16] Section 9 (3)
[17] Formerly Regulation 3(5) of the PER
[18] Section 11(2)
[19] Section 24 (1) (2) and (4) of the Criminal Procedure Decree 2009
[20] Regulation 18 of the PER
[21] Section 17D
[22] As defined in the Public Order Act (Amendment) Decree 2012
[23] Defined in State v. Viliame Savu [2002]HAC 010/02S
[24] Section 64(1)(d) Crimes Decree
[25] Section 17
[26] See also DPP v. Afasio Mua and Others (1992) 38 FLR 226

DISCLAIMER: This article was written to ensure that members of the public are aware of the new and old provisions of the Public Order Act. Nazhat Shameem is not the author of the Public Order (Amendment) Decree.
She has carefully refrained from expressing any opinion on it.

An analysis of the Public Order Act and more

http://www.fijisun.com.fj/

Nazhat Shameem slams ASK's decree
http://fdnblog.wordpress.com/

Bainimarama's votes for the Personality poll were sent from government phones

2012-01-14T17:33:00.015+13:00

UNETHICAL: Vodafone's boss, Aslam Khan, (third from left) alerted the regime to Premila Kumar's strong lead.

REDDY: One eyed perspective?

The so-called 1500 votes for Frank Bainimarama on the last day of the Fiji TV Personality of the Year texting competition came from just two phones, both of them government numbers.

Coupfourpointfive sources have established the texts were sent by two personnel from Bainimarama's Suva office and that one of them was using this phone number: 9905393.

FIJI TV FACE: Satish Narayan

Our sources reveal here the true scale of the dishonesty behind the vote rigging that saw Premila Kumar bumped from her win and Bainimarama cheat his away again to the top.

Here's how the sham was played out:

1) As has been established, Fiji TV made the mistake of closing the poll a day early: on December the 30th instead of the 31st. But on the 30th, Premila Kumar was already way ahead of Bainimarama by almost 600 votes.

2) The mistake was picked up by Vodafone boss, Aslam Khan, who alerted Aiyaz Sayed Khaiyum. Vodafone also informed the regime the revered leader was trailing badly behind Premila Kumar.

3) On December the 31st, two government numbers, which typically begin with 9905, were used to send more than 800 texts supporting Bainimarama. The two personnel who wrote the texts were from office of the illegal prime minister.

4) These two then called Vodafone (their contact person and Aslam Khan's trusted man) to see if their texts had gotten Bainimarama ahead of Kumar. They were informed that while the numbers had indeed put him in the lead, the text initials were wrong. Bainimarama's two officers were texting "FB" instead of "VB" as advertised by Fiji TV.

5) The two officers then re-sent more than 800 texts with the initials "VB".

6) These texts were discounted by Fiji TV because they had already closed the poll by mistake, a day early.

7) Khaiyum, Bainimarama and Khan then got the pay-ad Fiji TV to strip the title of Fiji's Personality of the Year from Premila Kumar to give to Bainimarama.

8) Khaiyum then decided to lay a complaint with the Commerce Commission claiming: "The allegation is that members of the public could text in and give their vote and the announcement was going to be made on the first of January. Unannounced to many members of the public, Fiji TV closed the actual polls on the 30th of December as opposed to the 31st of December.'

Khaiyum has been quick to take the high moral ground but as Coupfourpointfive sources have revealed in the above information, the slight of hand came from the regime.

Consider the following, folks:

1) Even if the poll closed early, Vodafone broke all ethics by informing an interested party - the regime - about the result of the poll. Khan is of course a regime supporter and has been proven to be a colluder time and time again. If this happened anywhere else, there would have been an outcry.

2) If Mahendra Reddy is fair and impartial, then he needs to man up and acknowledge that text messages for Bainimarama were sent from two government numbers. Two years ago the Nausori town clerk, Satendra Singh, used his work mobile to send hundreds of texts and won a car offered by Vodafone as part of its birthday giveaways. Singh was sacked by the regime, which had control over municipal councils through Special Administrators. He had offered to pay the phone charges. His dismissal was justified because he abused his power. Will justice be done here as it was then?

3) More worrying, though, are the implications for the supposed 2014 elections. If a texting competition can be rigged after the regime knows it is way behind its rivals and challengers, then it will cheat just as it has done in this poll. It's a poor loser.

4) Alarming, too, is this very real scenario: With electronic voting as planned, it will be much easier to rig votes because the regime has the advantage of knowing how the other candidates and parties have fared. This is the real zinger in this sorry, sordid affair by Fiji TV and Vodafone to find Fiji's Personality of the Year.

Investigations into why Bainimarama wasn't named Personality of the Year

2012-01-13T16:31:00.021+13:00

The illegal prime minister and dictator, Frank Bainimarama, is ticked off he wasn't named Personality of the Year and two investigations have been ordered into how the poll was conducted.

The search for the right titleholder got underway late last year by Fiji TV and people were asked to text in (via Vodafone), who they thought should be Fiji's Personality of the Year.

Fiji TV declared on New Year's Day that Premila Kumar, the chief executive officer of Consumer Council, had won the most votes.

But it has now emerged that another announcement eight days later (January 9) named coup instigator Franky Bainimarama the rightful winner.

His sidekick Aiyaz Sayed Khaiyum has held a press conference to say that it wasn't about the winner, but the way the poll was conducted - and the fact it closed December the 30th instead of the 31st.

Khaiyum has asked the Commerce Commission and Media Development Authority to investigate.

The Bainimarama appointed illegal attorney also says he has a statement from Vodafone which details discussions between Fiji TV’s Satish Narain, and a Vodafone staff.

He says according to the Vodafone letter, Fiji TV failed to count the 1500 texts sent in on December the 31st - texts which put Bainimarama in the lead and ahead of Premila Kumar.

Khaiyum would have us believe that the unsolicited texts that came in on the last day were genuine. Only in Fiji would they expect us to believe such a lie.

Fiji's ambassador to US Winston Thomson defends regime yet again

2012-01-12T17:38:00.002+13:00

Source: Al Jazeera

Australian Prime Minister, Bob Hawke, famously condemned Fiji's first military coup, saying: "Today's events are particularly deplorable as the first military coup against an elected government in the South Pacific."

In the wake of the 1987 coup d'etats, democracy has remained elusive for a post-colonial society deeply divided along racial lines. With further military coups in 2000 and 2006, Suva, Fiji's capital, has become the coup capital of the South Pacific.

The question is whether Fiji can chart a new course and re-establish a stable and enduring democracy. The choice rests with Commodore Frank Bainimarama, the leader of the 2006 coup and current head of government. Without his acquiescence, democracy will not return to Fiji. But, even with it, there are no guarantees. This is the puzzle Fiji faces.

Al Jazeera's foreign correspondent Eddie Walsh spoke with Fiji's Ambassador to the United States, Winston Thompson, to hear his views on what progress has been made towards the restoration of democracy and the country's outlook for 2012.

Eddie Walsh: On Saturday, your country officially lifted the state of martial law that has been in place since 2009. While the move does not restore democracy, it has been hailed as a step in that direction by Commodore Bainimarama. How has the United States responded to the move?

Winston Thompson: I think the US sees the end of the emergency powers as a positive move. While the US has tended to allow Australia to determine the Fiji-US relationship, the US has been increasing its engagement with not only Fiji, but also with the South Pacific. Because Fiji is so pivotal to the South Pacific, there is now a new opportunity for the US to be more forthcoming in terms of facilitating the process back toward[s] a democratic government. Because of the holiday period, we have not had contact with the US State Department yet on these issues. But, I foresee things developing along these lines.

EW: Now that the public emergency regulations have been lifted, do you expect a significant shift in Western foreign policy toward Fiji?

WT: It is too early to see a major change since the announcement was just made. But I would imagine that there would be - because the things that have been changed by the government are the things that have been most objected to by these governments. So, it would be a bit unusual for them to have made this stand all along and do nothing when these changes are brought in.

As you know, there are three pillars to US policy towards Fiji: 1) Implementing Section 7008 sanctions, 2) Protecting and promoting US interests, including maintaining full diplomatic relations in Suva and DC, 3) Doing no harm to the people of Fiji. The US has maintained this position all along.

The US was not very happy about the coup taking place, but they also wanted to make sure that the people of Fiji were not impacted. Although Australia and New Zealand imply that they have a similar "Do No Harm" policy, the impact of their sanctions has had very significant impacts against ordinary Fijians. In the case of the US, they have not imposed their sanctions in the same way.

The US also has welcomed the moves that have been made, including setting up the consultative process for the new constitution. Australia and New Zealand may have welcomed these moves as well, but there appears to be a certain degree of hesitancy and caution in what they say.

EW: Does this move provide a strategic opportunity to fully normalise Fiji-US relations, or do you need to wait for more concrete steps toward democracy?

WT: This is the moment. These moves by the government, in a way, are to conform to what other governments have asked us to do. So, it is an opening that we will certainly take-up. We will operate through the US State Department's Bureau of East Asian and Pacific Affairs on this.

EW: The lifting of martial law has been met with great scepticism in some circles, especially in Australia and New Zealand. Critics argue that the speech announcing the move itself indicates the current government is not committed to democratic values. One particular line has has caused a lot of angst: "Public order, protecting the vulnerable, and safeguarding the economy will always be paramount." What was meant by this comment?

WT: For a country like Fiji, democracy is a very fragile thing. It can be tipped over by over exciting certain groups within society and causing turmoil. This has been the concern of the government in maintaining the public emergency regulations. If you allow too much freedom of expression, people are uncontrolled in what they say and you can get very heated emotions being generated, which is not in anybody's interest.

EW: Unfortunately, this can be the same argument given for preserving dictatorships as well. How then do you address sceptics who say that Commodore Bainimarama's lifting of martial law is disingenuous?

WT: We can only wait and see. The public emergency regulations have been lifted. What that line says, if there is an explosion in violence, maybe we will have to look at it again. What the government is asking is for people to be responsible and not get over excited. We have had situations in the past where people have used the race card to demonise others, which has led to political instability. What the prime minister therefore is saying is that this is an issue that we will need to continue to watch.

EW: While the lifting of the public emergency regulations is important, do you think more needs to be done by the government to demonstrate your commitment to democratic values?

WT: On the strategic framework for change announced by the prime minister in 2009, we laid out a timeline for the process of getting to elections in September 2014. That framework said, in the first two years, we would focus on economic and social development. Then, there would be a process to developing and promulgating a constitution. And, finally there would be elections. We have kept to that timeline.

As far as Fiji is concerned, the prime minister has made it very clear that the public emergency relations would be lifted. Next, he will be announcing the setting up of the consultative process for the constitution. By the end of this year, the constitutional review will be fully underway. It will be developed in 2013, explained and promulgated to the people, and then available in 2014 in order to hold the elections.

EW: The Sydney Morning Herald newspaper recently ran a piece with Lieutenant-Colonel Tevita Mara. He argued that the end of emergency rule would make little difference for Fijian hopes for democracy. He also cautioned that Commodore Bainimarama was attempting to clear the domestic political field behind the scenes so that he can run unopposed in the future. What is your reaction to these comments?

WT: Lt Col Mara has been making these comments since he left Fiji. Having been part of the Fijian military at a very high-level, it is a bit incongruous - as if he was not an uninvolved and innocent bystander. When he first started making these statements, he said the lifting of the emergency regulations, the registration of voters using electronic means, and intention to set up a review committee for the constitution would not happen at all. Now that they are happening, he is questioning whether it is genuine. In terms of eliminating the competition for Commodore Bainimarama to have the field all to himself, I think that is a scare tactic that is not realistic.

EW: It would appear counter-intuitive that the government would take one step forward with the lifting of martial law and immediately take one step back with the prosecution of political opposition leaders. Why then is the government suddenly moving forward with charges against Mere Samisoni and other political leaders?

WT: I think it is probably just a coincidence that they are happening at the same time. She is a fairly spirited sort of woman who tends to make overheated, rash statements. These have been overheard and she now will have her day in court. If she was making statements and plotting as are stated in the charges, then she is going to face the legal situation that she has created.

EW: In 2010, your government made a pledge to improve the human rights situation. Almost 18 months later, Human Rights Watch and others continue to publicly admonish Fiji over its human rights record. When you speak of keeping your promises to the international community, do you feel the government has followed through on its human rights pledge?

WT: The lifting of the public emergency regulations has dealt with lot of criticisms related to the freedom of association, freedom of speech, and human rights generally. So, people will be free to make comments, associate and return to a normal life. Now that the decision has been made to the lifting of the emergency regulations, there is a new platform for reviewing the situation in Fiji.

EW: The International Trade Union Confederation has argued that Fiji is prosecuting 'an all-out assault on trade unions in Fiji'. In 2011, there also were increasing calls for Fiji to restore freedom of the press. Now that the public emergency regulations have been lifted, do you expect the government's approach toward trade unions and media to change in 2012?

WT: The fact that the public emergency regulations there prevented their meetings and association, so perhaps the criticism was justified. Now, the unions will be free to meet and do whatever they were doing before.

The Media Industry Development Degree 2010 continues. There has always been a self-regulated organisation where complaints against media were directed. But, the government felt the issue wasn't being taken seriously enough by that body. The government indicated that, unless that body took its job seriously, they would have to pass legislation. So, that legislation came in when it was felt that claims against the media for exaggeration and incorrect reports were not being taken seriously.

With respect to ownership of the media, many countries have laws which restrict offshore ownership. I don't know that ours is particularly different from standard international practice. Because the Fiji Times was wholly owned by News Corporation, they couldn't satisfy local ownership requirements.

The Fiji Times also was, for a long period, very critical of the government who felt it was not very helpful in getting Fiji moved in a positive direction to get back to elections in the proper state. If you continue to criticise and print things that are not correct, you keep the collective mentality in an unsettled state. In the end, the frustration with the ownership and editorial direction of the newspaper meant you had to do something.

EW: The process of demilitarisation is not currently addressed in the strategic framework. Is there a timetable for the troops to return to their barracks?

WT: When the process gets to the stage of preparing for elections, the need to have the military visible will change. At the moment, many military officers man positions in the civilian government. I would imagine they would return to their military positions then.

EW: Your comments would suggest that there is no timetable to address issues which fall outside of the strategic framework. Given that uncertainty over these issues is fuelling doubts over your government's commitment to democracy, do you feel it is now time to broaden or deepen the strategic framework?

WT: The challenge is there. There will be disbelief; there will be scepticism. In the fulfillment of these objectives and as more are announced, including the constitutional review committee, things will fall into place. As people see these things moving along, it will incrementally improve relations. The framework was a broad statement with a very long timelines. As time goes on, there will be a need to be more specific and fitting things into the timeline. In terms of giving greater credibility to the process, maybe we need to be more specific on some of those other points.

EW: We have talked a lot about whether Fiji needs to do more to demonstrate its commitment. But, as a diplomat, you probably have strong views on how the international community could improve its side of the engagement as well. What actions can the international community take to encourage Fiji to move forward on the reforms that they are demanding?

WT: The government has put out a timetable which it has adhered to, but there remains a certain attitude in the international community. Some in the international community have criticised what the government has done in its pathway back to democracy. As a consequence, Fiji has looked to other sources for friends and assistance and developed new partnerships and relationships.

So, I think what has happened over the last five years is that there is a new pattern of relationships which has developed. We have moved away from the traditional ones, which relied on Australia and New Zealand very heavily, as well as the United States and other Western countries to some extent. We have become more associated with other countries. China has always been there. Japan has been much more assisting. New relationships have developed with Indonesia, India, and other non-aligned movement countries, like the Melanesian Spearhead Group.

In some cases, these countries have endorsed what Fiji has done. In others, they have said, what you do is up to you. They have said that we will continue to provide what assistance where we have in the past and you will sort yourself out in good time. Whereas the others have said that you have to do this, that, or the other - regardless of whether Fiji thinks that is the right thing to do. This is the issue with our traditional partners.

EW: One of the arguments made in defence of the coup was that it was necessary to prevent the further politicisation of race in Fiji. How then is the current government working to overcome this issue in the run-up to elections?

WT: The government has systematically removed the issue of race out of the whole society and body politic. That has been there since Fiji was a colony. So long as it was there, it compartmentalised the people. You had a communal look in electing officials to whatever office, not just the parliament. This perpetuated this sense of being separate. Now, all people in Fiji are regarded as a Fijian. Before, this was reserved for just one group of people. The removal of those potential sources of friction has provided a better basis to move on. Over time, hopefully this will leave people less to feel different about. The government also has followed through on recruitment to public service and into the government on a meritorious, non-racial basis. It is going to take time. I am sure with time the information collected by our statistics bureau in government will confirm these trends.

EW: Fiji is not the only country that is forced to deal with deep ethnic cleavages within its society. From your perspective, why then do you think that current government is not being recognised for its efforts to bridge the racial divide?

WT: It is hard to understand for those familiar with the Fiji situation. Tensions can boil over very easily when people are not responsible. Our past history shows that irresponsible actions have tipped the situation over. It's a reality that we have to live with. My view is that others tend to look at this very narrowly in their definition of democracy and freedom. Generally, these attributes have evolved in these countries over many years. They have become entrenched and stabilised and society adheres to them. In the developing countries, these values are not as well entrenched. You have to be more careful or they will unravel.

EW: There are many examples in which the military leadership elects to stand-down prior to a return to democracy. There have been calls for similar moves in Fiji. Do you see widespread support within the current government to remove the military from politics prior to the 2014 elections and is there a timetable for this process?

WT: I am not privy to such talks. That said, the previous coup leader, Sitiveni Rabuka, did stand down, became a political figure, stood for elections, and came back in as the prime minister. In this case, I would imagine that Commodore Bainimarama could follow a similar path.

EW: It is clear that some major challenges remain in Fiji's path to democracy. However, progress also appears to have been made in the past year. Looking ahead at 2012, what are the diplomatic 'wins' that you are trying to achieve and what are the most serious risks facing those efforts?

WT: The basic position that Fiji has, and has been following, is the strategic framework for change to build a better Fiji. We want to make Fiji a more balanced country, first in terms of socio-economic development and then, updating the legal framework and laws. This removes the issues which have been divisive for Fiji. Only then can you move forward with the constitution and elections. In terms of performance along that continuum, the government has followed it. It has not conformed to what some other countries have set out though who want elections immediately.

Fiji has been saying all along that our whole issue is that the basis of the constitution is wrong and must be fixed. But, that is falling on deaf ears. Now, we are at the stage that the public emergency regulations are lifted. We are getting ready for the constitutional review phase, with the economic and social development plans having been fully launched.

The only challenge for us is if we do not follow through on the commitments we have laid out in the strategic framework. Assuming that we continue along that line, we would have to be accepted at face value once these things are done.

Now, the relationships that have been on ice need to be reviewed and normalised with countries like the United States. It has been put that when we have announced a date for elections that things will happen. But, that date has already been set for 2014.

We are comfortable with where we are at on our timeline. We remain open to other countries being part of our development processes, and we are very appreciative of those who have stood by us these past five years. But we are clear on where we are going and will not be dictated to by those who've been less than helpful up to now.

Honig continues to fight regime 'persecution'

2012-01-11T15:36:00.006+13:00

YAROI, KAMEA: Some of Honig's 70 acre freehold resort.

HONIG: Battling trial by media and biased officials.

From: K Honig <ken@arizonastoragecenters.com

>
Subject: Re: Fw: Re: Govt. Response to Your Comments
To: "Christopher Pryde" <christopher.pryde@gmail.com>
Cc: MorrisDA@state.gov
Date: Tuesday, January 10, 2012, 5:53 PM

Mr. Pryde,

I apologize for my slow response but as stated earlier undertaking a process like the one I was considering is a major effort. The problem here is that there are two separate issues - my illegal detention in Fiji during the months of October and November of this year and the subsequent extortion demands from certain representatives of the Fijian government. I have spent an enormous amount of time seeking out opinions from my counsel in Mexico, USA, Nicaragua, and Israel - locations where I live and/or conduct business - regarding human rights issues (illegal detention) as well as seeking redress for the financial threats and demands imposed upon me. The words "futile" and "foolish" in taking on the Fijian government are what I am hearing from my representatives most often, primarily based upon the capricious and arbitrary detention already imposed upon me, the lack of any binding rules, laws, or constitution, the "trial by media" methods employed by the Fijian government against me, the slanderous and malicious comments against me emanating from Fijian government representatives, and ultimately the lack of desire in knowing the truth as shown by the Fijian government.

Regarding your question about my failure to file a complaint with the Attorney-General, to the contrary I spoke with the gentleman directly on his mobile phone (679-990-5777). He was not interested in my problem at the time, passed the phone to one of his "attendants" and she promptly hung up on me. I tried earnestly and frequently to meet with Biosecurity CEO Silvestrini, but he refused me every time. I met twice with the acting Director of Immigration (Brown) but he stated he could not help me. I filed two written complaints with the P.M.'s office (October 25th and November 7th) as well as sat outside the P.M.'s office for 4 hours on November 8th hoping for an audience without success. The United States Embassy was unable to secure my release and I spoke with them no less than 10 times. Seriously Mr. Pryde, what more would/could you have done in my shoes?

SILVESTRINI: Fiji's biosecurity boss

I have a 70 acre freehold private resort worth millions of dollars in Fiji and it's not the kind of place that you bring lizards to nor is it the type of place you simply walk away from. However, I continue to have a difficult time understanding that Fiji has become the type of place where non-uniformed government hooligans can approach you and detain you indefinitely, issue warrants for "cash fines" payable immediately on any charge they can develop, steal and use against you your non Fijian government issued I.D., run an extortion racket like a criminal enterprise, etc.

Some questions that come to mind, that remain unanswered, are:

[a].      On what basis did Biosecurity act against me.

[b].      Why did it take Biosecurity so long to make a decision

[c].      What exactly were they doing in the 20-25 days when I was stopped from leaving Fiji;

[d].      What authority and power did Director of Immigration act under to place me on the black list.

[e].      Why didn’t Immigration Department lift the ban when the Police said that they had cleared me of any criminal charge;

[f].      Under what power did Biosecurity place me on this black list.

[g] Why did Biosecurity Officer Taitusi ask for a $1,000,000 "donation" from me at the same time they were investigating me.

[h] Why did Biosecurity Officers Cama and Silvestrini immediately and mysteriously drop their "investigation" of me after their extortion demands were met, yet PRIOR to the court ruling in my favor for release, AND while Biosecurity officers were still on my property conducting their fourth physical investigation

[i] Why did CID Officer Jorge Ravaga from SavuSavu request my passport information "strictly to report the interview to the U.S. Embassy" which was a blatant lie only to deviously pass along same information to Biosecurity - who was not legally or otherwise entitled to my personal information yet used it to write a "cash fine" as well as have immigration refuse my exit from Fiji

[j] Why was the Biosecurity Promulgation Act completely ignored by Biosecurity Officers (PART 8 - POWERS OF BIOSECURITY OFFICERS) 65(5) A person may be detained under this section only for as long as is required to question and search the person and the person's baggage and to arrange for biosecurity measures to be taken in respect of it.

[k] Why is it that to this day not one shred of evidence exists against me, nobody can find any iguanas, and the Biosecurity officers are not in prison

Mr. Pryde, I have a wonderful life am not foolish enough to take on the Fijian government nor the corrupt elements within it. I will not spend any more of my time on this fruitless pursuit. As well, obviously I cannot provide the evidence you ask for at the peril of those that assisted me. However, someone interested in the truth may wish to find the answers to the questions above and I'm certain that if that same someone searched hard enough they would find $40,000 of my money in the pockets of CEO Silvestrini and Legal Officer Cama at Biosecurity.

Regards,

Ken Honig

--- On Tue, 11/22/11, Christopher Pryde <christopher.pryde@gmail.com> wrote:

From: Christopher Pryde <christopher.pryde@gmail.com>
Subject: Re: Fw: Re: Govt. Response to Your Comments
To: "K Honig" <ken@arizonastoragecenters.com>
Cc: MorrisDA@state.gov
Date: Tuesday, November 22, 2011, 8:55 PM

Dear Mr Honig

Thank you for your email.

As the Attorney-General has said, if you have any evidence of corrupt activities concerning Biosecurity Fiji or any other Government agency, please forward it to us and we will investigate the matter.

I note from your email you said you had attempted to lodge a complaint with the Attorney-General. I have checked our records and can find no record of any complaint having been lodged with us.

We remain interested in receiving any evidence you have of corrupt activities by people in the Fijian Government or any of its agencies.

Yours sincerely,

Christopher T. Pryde
Solicitor-General and
Permanent Secretary for Justice and Anti-Corruption
REPUBLIC OF FIJI

------------------------------

Office of the Solicitor-General
7th Floor, Suvavou House
PO Box 2213
Government Buildings, Suva
REPUBLIC OF FIJI

Tel: (679) 330 9866
Fax: (679) 330 5421
E-mail: christopher.pryde@gmail.com

This e-mail contains information that is confidential and which may be subject to legal privilege. If you are not the intended recipient, you must not read, use, distribute or copy the contents of this e-mail. If you have received this e-mail in error, please notify me immediately and destroy the original.

Fiji's Public Order Act 2012 and the decree which enabled its birth

2012-01-10T09:51:00.045+13:00

Public Order Act 1969

Public Emergency Regulations Decree

Bainimarama the hypocrite covers up for Fiji's hanging judge and adulterous RFMF major

2012-01-09T11:03:00.009+13:00

The regime has revived the Public Order Act to keep Fiji citizens under its control with the illegal leader claiming everything it did under the Public Emergency Regulations was justified and created a fair Fiji. This in the face of so many examples of regime hypocrisy, two of them alone below.

The first involves a cover-up of Justice Daniel Goundar in a number of cases involving his maternal uncle, Keshwan Padayachi. Since the publication of Coupfourpointfive's recent story exposing the original conflict of interest, at least eight other cases involving Goundar's uncle that were heard by him, have been removed from PACLII. A search of the cases throws up the following: 404 File not found.

The conspiracy and the attempt to shroud the truth by the Judiciary shows it is not independent, impartial or fair as Frank Bainimarama claims in flowery state of the nation addresses. If it is, when will Justice Goundar be asked to explain his undeclared conflict of interest and why is he being protected? Is it so because it is his job to send more innocent people to prison?

In the other case, a RFMF major who was sacked alongside a female soldier after they were caught having an affair, has not only been reinstated but was promoted by Bainimarama. The same Bainimarama who this weekend insisted he has made a "better society—one that is more fair, just and transparent meeting international standards."

FIJI’S JUDICIARY MOVES TO COVER UP FOR DANIEL GOUNDAR

The following cases on PACLII – the legal information institute concerned Justice Daniel Goundar presiding over cases where his maternal uncle Keshwan Padayachi appeared for the Accused/ Appellant.

1. Gani v State [2011] FJHC 712; HAA020.2011 (30 September 2011) [3%]
(From High Court of Fiji; 30 September 2011; 10 KB)

2. Carpenters Carptrac v Tradewinds Marine Ltd [1995] FJHC 51; Hbc0092j.93s (22 March 1995) [3%]
(From High Court of Fiji; 22 March 1995; 54 KB)

3. Kiran v State [2011] FJHC 226; HAA009.2011 (19 April 2011) [2%]
(From High Court of Fiji; 19 April 2011; 10 KB)

4. Jahid v State [2011] FJHC 262; HAA05.2011 (12 May 2011) [2%]
(From High Court of Fiji; 12 May 2011; 14 KB)

5. State v Dayal [2011] FJHC 476; HAC009.2010 (29 August 2011) [2%]
(From High Court of Fiji; 29 August 2011; 9 KB)

6. Bano v State [2011] FJHC 227; HAA008.2011 (21 April 2011) [2%]
(From High Court of Fiji; 21 April 2011; 11 KB)

7. Prasad v State [2011] FJHC 710; HAA018.2011 (30 September 2011) [2%]
(From High Court of Fiji; 30 September 2011; 12 KB)

8. State v Dayal - Summing Up [2011] FJHC 475; HAC009.2010 (29 August 2011) [2%

Sacked soldier now Commissioner Central

“Absolute power corrupts absolutely" and this old adage is ever fitting for Fiji’s military regime and its high school failure leader, Voreqe Bainimarama.

In an address at the Republic Fiji Military Forces (RFMF) commanders’ parade and award ceremony at the Queen Elizabeth Barracks top ground in Nabua, in December 2011, Bainimarama said that soldiers who abuse the powers bestowed upon them will have no room in the RFMF.

Unfortunately, these are hollow words indeed for the rest of the world outside the RFMF walls since Bainimarama himself and his underlings are an abusive force themselves.

Look no further than 2007 when then Major Laisenia Bale Tuitubou undertook a peacekeeping mission to the Sinai. There were female Fijian police officers in this mission. During the mission Major Tuitubou had an affair with a fellow married Fijian female police officer. It was during the time of Teleni’s run as Police Commissioner and his law of “extra marital affairs in the police force will find you sacked”.

Upon Major Tuitubou’s return, and later in 2009, the affair was found out and both the female police officer and Major Tuitubou were relieved of their military and police duties and sacked as per “Teleni’s law”.

But fast forward to 2011 and what has happened? Major Tuitubou is now Commissioner Central, Lieutenant-Colonel Laisenia Bale Tuitubou. He was also the soldier responsible for approving the permit for the annual meeting of the Soqosoqo Vakamarama of Rewa in November 2011, which was later blocked by police officers from Nausori and Ro Temumu turned away from attending the meeting.

On December the 1st, last year he opened the ablution block at Ratu Alipate Primary School in Naitasiri delivering a speech that reeked of self-promotion and praise for his high-school failure leader Voreqe Bainimarama, who obviously enabled him to obtain the Commissioner’s role after the debacle of sacking for extra-marital affairs.

It is yet another classic example of “what’s good for the goose is not good for the gander." For while Laisenia Bale Tuitubou and his family continue to enjoy the benefits of the military regime’s corrupt practices with his high posting, the family of the sacked female police officer continue to struggle to make ends meet with only one parent now being the bread winner in these difficult and hard times in Fiji.

Why wasn’t the female police officer reinstated to her previous post in the force if Lt. Col. Tuitubou is now Commissioner Central? So, much for the promise by Bainimarama that no military officer will benefit from his coup. The so-called leader of Fiji is a liar.

We'll take the piss .... why not?

2012-01-08T10:28:00.002+13:00

An insider was able to give me Bainimarama’s draft of his speech dated 6^th January. His draft was then sent to Qorvis who turned it into the speech we all heard on Friday 6^th. Bainimarama’s draft paints a truer picture of the situation in Fiji.

My humble servants: As I told you in my New Year’s address the Public Emergency regulations will be lifted tomorrow. Now I will tell you what will really happen; I did not want to tell you before because I did not want to ruin the good will on the first day of 2012.

This marks an important step toward the informing, you my humble servants, about the new constitution under which a truly democratic election will vote me in as President and Khaiyum, He is the one with his hand up my arse, as Prime Minister.

No modern state, especially one created by an act of terror wishes terror upon itself. I am sure you understand, my humble servants, that it is important for the well being of my family that I take a lead from countries such as Saudi Arabia, Yemen, Equatorial Guinea and Bahrain to name a few of Qorvis’s more enlightened truly democratic clients.

In Fiji we have experienced terrorism. I should know because I was the ring leader. Qarase will never forget the terror of having armed soldiers at his door. President Iloilo would always shake when he signed any document I asked him to sign.

We must never allow this to happen again because that would remove me from power. Therefore I will crack down on anyone who threatens my authority and my wife’s shopping trips.

In the UK a person can be detained for 14 days on suspicion of terrorism. My friend Robert Mugabe tells me that is nothing and he can detain people for as long as he wants. Now that’s sensible. He has been a dictator as long as anybody and he knows what he is doing. The USA has Guantanamo Bay and detains all terrorists off shore. That is a great idea and we are going to close Rotuma to all civilians and turn it into a massive detention centre.

Mugabe also tells me that any vilification of the Zimbabwe’s Supreme ruler and family even on the internet has been criminalized. Any blog site that shows another picture of me and my son in the back of a limo will be exterminated. I have found the people who hacked the Government website this week and they are now working for me at the high speed internet cell at Naboro.

We have had such safeguards in Fiji under the PER. However, I removed it in a shameless attempt to garner international support and to pretend we will have consultations on democracy. However as my puppet master informed me we need to ensure that MY rights are protected and so we have updated the Public Order Act.

Over the past few years I have brought in a number of changes. We have sought to empower my family and modernize us. Well at least all my grand children have iPads and I have an iPhone. My new friend Kim Jong-un, the Supreme Commander of North Korea gave me a new app for my iPhone for Christmas. It is called iDictate and a lot of the new Public Order Act came directly from the App. (Note to self. Make me Supreme Commander at first available opportunity)

My Government has been very successful and we have achieved an overall decrease in the crime rate because nothing that I, my ministers and members of the military do can be a crime. Take the policeman who went for a swim in the pool at QEB after one of my officers beat him unconscious.

Under past governments corruption prevailed and the economy was mismanaged. (Apparently they had something called economic growth, I have no idea what that is) But anyway the problem with their corruption was that it did not include me, Khaiyum or Aunty Nur. I feel sorry for Aunty Nur because she is so ugly and she says she needs all this money for major plastic surgery. She was given a quote the other day and it will cost over $10m USD to make her into a decent looking woman.

Now my Government, with the help of corruption and has made sure that all the money coming into Fiji goes through Aunty Nur and Khaiyum. They then give me a cut he tells me it is the biggest cut because I am the dictator and I trust everything Lickmyarse says.

Over the past few years here is a list of my Governments achievements.

1- Implementation of a common and equal citizenry. - We have all read Animal Farm and some citizens, namely myself are more equal than others.

2- Outlaw of institutionalized racism and other discriminatory practices – Just look at the military, we are an institution, we have racism and we are outlawed by the rest of the world.

3- Codifying equal rights for women – Aunty Nur gets an equal share

4- Creation of FICAC – That’s a godsend for making sure all the corruption comes my way. If you don’t send the cash to my Swiss bank account then you go to Prison.

5- Creation of the Independent Legal Services Commission – That is answerable to Khaiyum

6- Instituting a Child Welfare Decree – If I had not increased poverty we would not have needed this.

7- Putting in place a new Crimes Decree – That gives me total control

8- Creating a transparent and sustainable provident fund – Well I will have a pension that will keep me and Mary in the way we have become accustomed

9- Equal distribution of land lease monies – Half for all the owners and half for me

10- And Restructured Fiji Sugar Corporation and the Sugar industry – Vaniqi tells me we have had a run of record years. He said “Lowest production ever”

11- Getting better returns for landowners and providing security for tenants – As Khaiyum and I are now the biggest landowners it is imperative we get bigger returns and also we need to make sure our Chinese tenants are well looked after.

Under me Fiji has managed to do great things and these include:
1- We have made unprecedented investment in technology and communications. How else do you think we read all emails and listen to those Vodafone mobile calls.
2- We have invested greatly in rural areas. My new farms are doing very well and supplying food to my new mines.
3- We have increased poverty so more people need free food, textbooks etc.
4- We have increased our diplomatic ties, especially with those countries whose concept of democracy is as flawed as my own.
5- We have brokered many successful partnerships. Aunty Nur with Rewa Dairy, Aunty Nur, with 100 sands Casino, Aunty Nur with…. She is good about sharing the wealth
6- We have given impetus to the private sector. - And that is why they are all investing overseas
7- We have been able to cut taxes - I have found that if you keep the money offshore in Switzerland or the Caymans you don’t pay tax at all.
But none of this could have been successful if the normal checks and balances of a democratic system had been in place.
We would not have been able to move forward if democracy had kept us in the past. The freedom blogs have not seen the light and with my new iDictate app they will be destroyed.
There is nothing more I want than a Fiji which has me as Supreme Commander for life…..
Unfortunately the rest of the speech was unreadable as there was a large Johnny Walker Blue Label stain.

Thumbs up for Democracy!!

ILLUSTRATION: DISCOMBOBUBLATED BUBU

http://discombobulatedbubu.blogspot.com/

STORY: FIJI DEMOCRACY

http://www.truthforfiji.com/