Game Theory

The delegation of the new interim Government to Asia, reported by the International Herald Tribune article may be a leading indicator of the changing tide of alliances. This story was corroborated by CNN web article and Sydney Morning Herald.

Perhaps this Fiji delegation to Asia may be well appraised of China's recent demonstration of their satellite-killing technology which was denigrated by Australia and New Zealand, wary of the threats this technology represents. China's Space program could well envelope the entire Pacific with well placed relay and tracking stations that will indeliably cast a looming threat to the interests of Western powers into the region.

This ratcheting up effect in diplomatic posturing, may include a ban of New Zealand manufactured products as reported by Stuff-N.Z. The widening chasm between the two nations stem from the incident, where an official nominated as the C.E.O for Fijian Prime Minister's office was denied entry into New Zealand.

Although, Australia had issued counter warnings to this retaliation, reported by Fiji Live article; this charade will be weighed accordingly against the offers made by the Asian nations to Fiji. This is the excerpt Fiji Live article:

Fiji neighbours retaliate against threats
Tuesday January 23, 2007

Interim PM and army commander Commodore Voreqe Bainimarama
Australia has warned Fiji that any threat to introduce trade and travel restrictions by its interim Government will have adverse effects on its people.

A spokesman for Australia’s Department of Foreign Affairs says any retaliation will only harm Fijians as it won’t have any impact on Australia or New Zealand.

The Department says Fiji’s threat to introduce certain restrictions against Australia will not have the desired effect.

Fiji’s interim Prime Minister and military commander, Commodore Voreqe Bainiamarama responded by saying he would retaliate against exports and expatriates from both countries if travel bans on members of the military, interim and its executives stay in place.

New Zealand Prime Minister, Helen Clark also voiced similar sentiments saying its sanctions will stay. She says her country’s position is the same as those of Canada, the US, the European Union and Australia.

New Zealand has also said that a move by Fiji to ask for assistance from Asian countries would not go well. Clark reacting to Commodore Bainimarama’s claim that Fiji would move to Asian countries if the metropolitan neighbours continue to impose sanctions.

Clark told National Radio that whilst holding talks with Chinese Premier Wen Jiabao in the Philippines just over a week ago reassurance was given that China supported New Zealand's actions in the Pacific.

"China indicated through him they were very concerned about instability in the South Pacific and specifically indicated considerable support for what New Zealand was doing in the region.

"The New Zealand Government position is very clear - that is we are waiting to see from those who have seized power in Fiji what their proposals are for a pathway back to constitutional government, and that of course would include some very clear signals that political freedom and freedom of speech and media are to return to Fiji.

"We haven't seen these signals yet," Clark said.

Clark reportedly said New Zealand stood its ground after the 2000 coup by keeping sanctions in place until the Commonwealth removed Fiji’s suspension which came about 18 months later.

Commodore Bainimarama yesterday announced that a high powered delegation comprising of ministers, senior officials and selected business people will visit China, India, Malaysia and Indonesia in an effort to diversify Fiji’s network of sources for import, tourist, investment, technical cooperation and inflow of aid.

He accused Australia and New Zealand of bullying Fiji and threatened retaliation after chief of staff Parmesh Chand was denied entry to New Zealand to visit his family.

Whilst extending a hand in diplomacy, Commodore Bainimarama warned both nations that "if diplomacy does not work, then my government will be left with no option but to adopt retaliatory measures."

Fijilive

Radio NZ article reports of antipodal perspectives to Australia's recent warning of difficulties in store for Fiji's interim Government, from the Fiji Human Rights Commissioner who highlighted the ever growing contempt within Fiji and the Pacific against the foreign policies of the Trans-Tasman countries tainted with a neo-conservative agenda.

The same agenda displayed in the invasion of Iraq, now being a hotly debated issue in the U.S, resulting in the record low approval ratings of the current President who is due to launch his revised plans in the annual State of the Union speech to the American people.



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Seeing Trees or a Forest?

Fiji Village reports a landmark ruling by the Suva High Court, which has given the landowners of a Serua Mahogany plantation the ability to apply for a forestry harvest license.

This is the excerpt of the Fiji Village article:

Serua Mahogany Landowners Entitled Harvesting License
By fijivillage
Jan 19, 2007, 17:19

In a bench mark ruling, the Suva High court yesterday ordered that Serua mahogany landowners are entitled to a license to harvest their own mahogany.

High court judge Jiten Singh ruled that they are now entitled to a license from the Native Land Trust Board to harvest mahogany planted on their land after the mataqali Naua applied to the NLTB for a license to log the mahogany which was denied.

In his judgment Justice Singh highlighted that the evidence before him indicates that the financial benefits to the landowners are far superior if they log their own mahogany since they have ready buyers for their products

Lawyer representing the landowners Isireli Fa said they have already negotiated a price for the mahogany which is estimated to earn the landowners $1.8 million after costs of extraction.

Prior applications filed by the landowning unit, was understood to have been denied by the agency responsible for indigenous land in Fiji, the Native Lands Trust Board (N.L.T.B).

This court ruling has also inextricably set up a new paradigm, allowing other native landowning units to contest the multitude of resources available on their ancestral land. This new found ability, further underscores the inability of the Great Council of Chiefs (GCC) to achieve such empowering actions, for the people that they supposedly spoke for.

Another contention is that, why these avenues of livelihood were denied in the first place by the N.L.T.B? The agency charted with responsibility of acting and managing these prime acreages of real estate, with the best interest of the landowners in mind; only had dubious intentions, well embedded in greed and subterfuge.

This court ruling has also confirmed firmly held suspicions that, these native institutions were created for the sole purpose of benefit ting this minority indigenous elite in Fiji. The unintended consequences of the agenda driven influences from a clumsy aristocratic hierarchy was, the political dramatization of class warfare in Fiji, resulting in a track record of coups.

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Poll Position

According to the new interim Minister of Commerce, Industry, Investment and Communication- Mr. Taito Waradi, is adamant that the staggering financial mess within Fiji's treasury was the result of the creative accounting and failed monetary and fiscal policies employed by the SDL Government, as reported by an article from Radio New Zealand.

To get a better handle of the financial quagmire within the Fiji treasury, it is prudent to outline what and where the lion's share of Government funds had been squandered on. Readers will have to look no further than the Great Council of Chief's new bachelor pad, an icon of myopic decadence and entitled exuberance. Albeit, on the tax payer's tab.


Fijian Affairs Trust Fund has been long rumoured, to be the underlying barrier to the social empowerment of indigenous Fijians from common stock. Presently this conventionally held wisdom still applies.

The Fijian Affairs Trust Fund is being perceived, as a ubiquitous symbol of cultural enslavement. Although, the Chairperson of the Trust fund proudly unveils the new G.C.C building in this Fiji Times article. There still remains an embarrassing and inconvenient question to ponder:

How does this benefit the aspirations of the indigenous?

The future of the new GCC complex, built unashamedly with a $F20 million state loan, which was converted mysteriously to a grant, will perhaps now reach the overarching system of check and balances; long denied. By denying this corruption, the machinery of native institutions perpetuated and rewarded, an ingrained system of cavalier expenditure and a system that was unfettered with chronic abuse.

It is an ideal window of opportunity to correct this duplicity in Fiji governance, especially after the recent military council order, which forbade the GCC from meeting without their approval.

Sadly, what is left in Fiji's state treasury, is basically what had not been consumed by personal profit, hidden revenue streams of kick-backs. Unravelling all these cobwebs of impropriety, is the task of the new interim Finance Minister.

Due to the vast extent of this deficit financing in Fiji, a new budget is expected to be created by the interim Government as reported by Fiji Live article.

This is the excerpt of the Fiji Live article:

New budget expected, says economist
Wednesday January 17, 2007

The recasting of the 2007 Budget by Fiji's interim Government is necessary and was to be expected, says an academic. The ousted government's 2007 budget was thrown out by the interim regime led by interim Prime Minister and army commander Commodore Voreqe Bainimarama.

But University of the South Pacific economist Dr Biman Prasad said while there will obviously be implications on revenue measures that have already been set out in the 2007 Budget, the recasting was necessary.

He said people should look at the way this is done particularly the allocation to key sectors and the delivery of public services including health, education and infrastructure.Prasad said investors will look at how the re casted budget will affect strategies promoting export and investment.

"It's important for the interim Government to give the right signal to investors in terms of fiscal incentives," he said.

"There should be emphasis on improving and developing new infrastructure for both agriculture and tourism growth."

Another aspect that needs urgent attention is the agriculture sector which he says has a lot of potential but is not realised. Prasad said a long-term objective in this sector should be to create productivity and opportunities for employment.

For the sugar industry, Prasad said there needs to be a concerted effort by stakeholders to first gain the confidence of farmers, cane cutters and others dependent on the industry.

He said the amount of restructure done and funds poured into the industry will come to nothing if there are no farmers out there. Accordingly, there should be appropriate measures in place to entice farmers to stay on.

Fijilive

Although deposed Chief Justice, says the appointment is a disgrace and a breach of his trust in a Fiji Times article.


[Deposed]Chief Justice Daniel Fatiaki checks out The Fiji Times, the front page on which is his successor, Justice Anthony Gates.

This is the excerpt of the Fiji Times article:

Gates broke trust: Fatiaki.

Thursday, January 18, 2007


Chief Justice Daniel Fatiaki has labelled the appointment of Justice Anthony Gates in an acting capacity as an unfortunate development.

Justice Fatiaki said Justice Gates' appointment and his acceptance of the post was a breach of trust.

High Court judge Justice Gates was sworn in as the acting Chief Justice at Government House by the President, Ratu Josefa Iloilo, on Tuesday.

That came as a result of Chief Justice Fatiaki and Chief Magistrate Naomi Matanitobua being sent on leave by military commander Commodore Voreqe Bainimarama.

The military said that was done to facilitate an inquiry into the judicial system.

But Justice Fatiaki said as far as he was concerned, he had not received any formal notice of any allegation or charges against the judiciary. He said Justice Gates' appointment was unnecessary.

"They could have recalled me but they did not," he said. He said the interim administration should not have interfered if it was really concerned about the independence of the judiciary.

"Why did the Attorney-General ask another judge to call a meeting of the Judicial Services Commission?

"The meeting for the commission is only supposed to be convened by the chair of the Commission which is the Chief Justice.

"It doesn't mean that if I'm on forced leave that is, that I cannot come in and call a meeting of the Commission," he said.

Acting Chief Justice Gates yesterday said he had no comment to make on these remarks. Judge Nazhat Shameem yesterday said she was saddened to hear Chief Justice Fatiaki's statements.

"I am saddened to hear his remarks about me,'' said Justice Shameem, on criticism that was reportedly levelled against her and Justice Gates by Chief Justice Fatiaki.

She would not comment on the appointment of Justice Gates as acting CJ or changes to the judiciary. Justice Gerard Winter declined to comment.

Interim Minister for Justice and Attorney-General Aiyaz Sayed-Khaiyum said comments by Justice Fatiaki, who is on leave and was probably ill-informed about what happened at the Judicial Services Commission meeting, were unfortunate and "with respect, inappropriate for a judicial officer".

"It is precisely this sort of conduct of some judicial officers that is of concern," Mr Sayed-Khaiyum said.

"As for the meeting itself it was convened after independent legal advice was obtained from Queens Counsel. It was conducted in accordance with our Constitution," he said.

He said the most senior substantive puisne judge who was the natural successor to the Chief Justice was asked by the Attorney- General and Minister for Justice to chair the Judicial Services Commission.

"The Judicial Services Commission allows the judiciary to take control over its own processes, independent of the Government and of any other institution and persons,"Mr Sayed-Khaiyum said.

He said one would expect all persons interested in the independence of the judiciary to support the holding of the commission's meeting and the subsequent appointment of Justice Anthony Gates.

"Other judges may feel aggrieved that they were not chosen by the JSC to act as CJ, however I was advised by Judicial Services Commission that the most senior puisne judge after Justice Shameem was Mr Justice Anthony Gates.

"So his appointment is uncontroversial and constitutionally correct," Mr Sayed-Khaiyum said. Fiji Legal Aid Commission director Vilimone Vosarogo said he supported Justice Gates' appointment.

"He is a highly decorated lawyer and competent by his own rights,'' said Mr Vosarogo. "As a judge he has done his job well."

"As solicitors we should be able to trust that we are appearing before judicial officers who are not biased and who are confident of upholding the integrity of the judiciary,'' said Mr Vosarogo.

He said the recent judicial changes had had little effect on the running of the courts. "It hasn't really affected our timetable. We've set trial dates for most of the High Court trials and we intend to stick to it. The judiciary has informed us of the same stand and that it would like to dispose of those cases quickly,'' said Mr Vosarogo.

However, the new appointed Chief Justice Anthony Gates calls for an efficient system of justice, in this Fiji Village article.

Justice Gates calls for more efficient justice system
By fijivillage
Jan 17, 2007, 13:03


Newly appointed Acting Chief Justice, Anthony Gates has today made a statement on the way forward for the judiciary as certain parties continue to argue whether his appointment is constitutional.

In a statement released to Village News, Justice Gates said Fiji must have a more efficient justice system as the current inadequacies of the legal system are now notorious and have undermined the rule of law.

The Acting Chief Justice said the manner of dispatching business by the courts should change as efficiencies need to be improved by the judicial officers.
Justice Gates said we often hope that life will continue on as before and indefinitely but it is now inappropriate for the judiciary to say that it will be business as usual.

The Acting Chief Justice said there have been too many serious allegations but the independent role of the judiciary will not change. He said the judiciary can and must and will stay independent, and the final bulwark of liberty is the courts, the independent guarantor of freedom under the law.

Justice Anthony Gates said the constitutionality of the present situation inevitably will be raised before the judges. He said at that time, the only appropriate time, those judges will hear from the parties concerning the evidence and the law, and then give their decisions in accordance with their oaths in office.
Justice Gates also welcomes the comments of the Interim Attorney General that the military should not abuse the rights of ordinary inhabitants. The Acting Chief Justice said a wise army remains a disciplined army and there is no time for vindictiveness, petty bullying or score settling.

Justice Gates said if claims of abuse of human rights are made out, litigants will obtain necessary redress from the courts. He said the need for a comprehensive 'no stone unturned' inquiry into the serious allegations raised about certain judicial officers and practices is self evident.

Justice Gates said he will meet shortly with his fellow members on the Judicial Service Commission, President of the Law Society and the Chairman of the Public Service Commission, to map together a plan for the creation of a robust, healthy and efficient legal system in Fiji.

Should the Fiji public imply from his comments that, the deposed Chief Justice Daniel Fatiaki represented an inefficient system of justice?

Regime's illegal: Lawyers

Thursday, January 18, 2007

THE interim administration is illegal and interference with the judiciary is wrong, the Fiji Law Society maintained yesterday.

The society, reiterating its position, follows speculation it had changed its stand because of reports it was part of the Judicial Services Commission, which recommended that High Court judge Justice Anthony Gates be appointed Acting Chief Justice.

Yesterday society vice president Tupou Draunidalo said the society's earlier statements on the legality of developments that had unfolded since the December 5 military takeover were unchanged. She refused to elaborate or respond to further queries.

Ms Draunidalo made the comments in response to questions regarding issues raised by Suva lawyer Richard Naidu in a column in this newspaper on Tuesday.

Mr Naidu had said, among other things, that the return of power by military commander Commodore Voreqe Bainimarama to the President, Ratu Josefa Iloilo, was futile because it did not legitimise the events that unfolded on December 5.

Society president Devanesh Sharma said while they accepted the society would deal with the administration without prejudice to any legal action on the validity of its appointment, it should not be assumed that it meant they accepted the interim Cabinet to be legitimate in the eyes of the law.

The society met last weekend to discuss its stand on the issue. Mr Sharma said Ratu Josefa had the power to make constitutional appointments only in compliance with the provisions of the Constitution. "He (the President, Ratu Josefa) can not act unconstitutionally himself," Mr Sharma had said.

He has asked Attorney-General Aiyaz Sayed-Khaiyum to impress on the military the importance of the independence of the judiciary and the need to allow Chief Justice Daniel Fatiaki and Chief Magistrate Naomi Matanitobua to resume duties.

He said the society was reviewing its options to shortly institute legal action against the ban on land sales and the forced leave of Justice Fatiaki and Ms Matanitobua. "The society deplores the attempts made by the RFMF to interfere with the judiciary. The Chief Justice and the chief magistrate must be allowed to immediately resume their official duties," Mr Sharma said.

Interim Attorney-General and Minister of Justice Aiyaz Sayed-Khaiyum said the appointment of all individuals under the regime, including interim Cabinet ministers, were mandated by the President.

He had earlier said the military regime upheld and respected the Constitution. Mr Naidu had said in an earlier interview that the system of things as they were was illegal.

He said if the Constitution was indeed being upheld, where was the Vice President, Ratu Joni Madraiwiwi, who was appointed by the Great Council of Chiefs during the reign of a democratically elected government.

Although, Fiji Law Society was infuriated with the decision to replace Justice Fatiaki described in this Fiji Times article, the new Chief Justice's comments provided solid justifications, on this latest series of rolling reforms.

Despite the swearing ceremony of his successor, the deposed Chief Justice still clutches onto the office, as Fiji Sun article confirms.

I’m still the CJ: Fatiaki

By HAROLD KOI

Chief Justice Daniel Fatiaki, who was forced to go in leave by the military regime, yesterday maintained that he is still the CJ. And he angrily denounced the appointment of Justice Anthony Gates as acting Chief Justice as a disgrace.

"I am still the Chief Justice," he said. Justice Fatiaki also criticised Justices Gates and High Court judge Justice Nazhat Shameem for "betraying my trust" and the judiciary by supporting the military. Justice Fatiaki said actions by the High Court judges that supported the military were cowardly.He said no investigation had been initiated on allegations of corruption against the military.

Said Justice Shameem: "I am sorry to hear the CJ's reported comment about me but it's not appropriate to comment on the matter as a judge". Justice Gates declined to comment.

However, the Fiji Law Society maintains that there are no new judicial appointments.
President Devanesh Sharma said there were no new appointments within the judiciary.
"In actual fact, people are completely mistaking the issue," he said.
"The judicial service commission is a body that deals with recommendations and it is the president that makes the recommendation."

Mr Sharma said the appointment was within the Constitution. "The only one that has been announced is an acting CJ," he said. "What that simply means is in the absence of the CJ (Fatiaki), who is on leave at the present time, it is permissible to appoint an acting CJ.

"And the acting CJ will step down as soon as the CJ comes back." Interim Attorney-General Aiyaz Sayed Khaiyum said Justice Fatiaki was on leave and was probably ill-informed about what had happened at the Judicial Services Commission meeting.

"It is precisely this sort of conduct of some judicial officers that is of concern," he said. "As for the meeting itself, it was convened after independent legal advice was obtained from the Queen's Counsel." Mr Khaiyum said it was conducted in accordance with our Constitution. "The most senior substantive puisne judge who is the natural successor to the Chief Justice was asked by the Attorney-General and Minister for Justice to chair the Judicial Services Commission," he said.

"The Judicial Services Commission allows the judiciary to take control over its own processes independent of the Government and of any other institution and/or persons.
"One would expect that all persons interested in the independence of the judiciary would support the holding of the commission's meeting and the subsequent appointment of Justice Anthony Gates.

"Other judges may feel aggrieved that they were not chosen by the JSC to act as CJ. However I was advised by the Judicial Services Commission that the most senior puisne judge after Madam Justice Shameem was Mr Justice Anthony Gates. "So his appointment is uncontroversial and constitutionally correct."

The case of Sugar Cane Growers Council Chairman, Jagannath Sami who recently won a reprieve in the Lautoka High Court, contesting his illegal removal by the military post 2006 coup, may reflect the Archilles heel of the Fiji Army's legal precedence; if not corrected in a timely redress.
Fiji Village reports that, Messr Swami returns hopefully to his position in work, unmolested and unrestrained. Fiji Times article emphasizes the court order to the military, in dessisting any 'overly friendly' influences.

Despite the overwhelming availability of experts in Civil Liberties and Human Rights in Fiji; the following report by Niu FM, underlines the desperation of certain media outlets, in obtaining reliable and credible sources.
Niu FM podcast interviews 1987 coup leader and self-declared expert on Human Rights, Sitiveni Rabuka on the recent performance of Fiji Human Rights Commission.

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Rumour has it.

Fiji Buzz published an opinion article by Fiji Academic, Dr. Sitiveni Ratuva that addresses the fuzzy aspect of rumors and their influence in Fiji's socio-poltical landscape. This is an excerpt:

Unseen Faces Of The Coup.
Written by Dr. Steven Ratuva

COUPS do not only involve the usurping of power and consolidation of new forms of authority at the visible political level. There are also behind-the-scene activities and behavioral dispositions which result from the archaic social atmosphere created by the coup.

What normally captures the attention of the media and the public are the dramatic extra-legal changes and reconfiguration of the old order at the politico-public realm. However, what happens at the socio-cultural and private realms are often hidden and are usually transmitted through rumours...

Rumours are no longer just mere snippets of stories banded around by curious and nosy individuals. They have in fact become a complex web of information flow with a particular set of dynamics and culture. Rumour-mongering has become a socio-cultural institution in its own right.

Rumours Galore

Apart from the news through the formal media, perhaps the most prevalent aspect of information flow is through the rumour machine, locally dubbed the "coconut wireless".

Some people literally thrive on rumours by enthusiastically inventing them, spreading them or internalising them as if they constitute gospel truth. Because of restrictions on public speech and information by the military, people would go "underground" to voice their concerns about various issues, condemn their most hated military officer, spread lies about their detested neighbours or simply pass on what they have heard to as many people as possible either by whispered word of mouth, saucy text messages, mobile phone, telephone or mass distributed e-mail.

What may start off as a small socially engineered lie by a frustrated individual could snowball into a massive believable "truth" after going through a thousand mouths and sets of ears and millions of unaware brain cells.

This works very well in a community like ours where oral discourse and exaggeration of events are culturally valued modes of community communication.

Within the indigenous Fijian cultural ethos for instance, a story must have a "flavour" in the form of exaggeration or supernatural touch before it is considered a "good talanoa" that will attract admiring ears and sympathetic hearts.

Rumours abound in the capital city. There are rumours of soldiers' wives having affairs while their boys are at the checkpoints and there are also rumours of military officers being bankrolled by rich business people to get rid of the Qoliqoli Bill.

There are also rumours of Qarase's countless corrupt deals, the latest of which is linking up with some rich people to "buy off" soldier's loyalty.There are even rumours of warriors secretly training and ready to face the military head on using bamboo spears. A number of rumours revolve around important people like the President, his wife, the military commander, CEOs and former politicians. Some of these rumours have conspiratorial political themes while some have the usual juicy sexual undertones.

The formation of the interim cabinet has opened up new Sherlock Holmes-type conspiracy theories packaged as rumours. These are to the effect that the long suspected "shadowy figures" have eventually been brought to light.

One of the significant things is that the subject of rumours are usually powerless to do anything because one cannot track down everyone who has heard and passed on the rumours, let alone identifying their origins.It is virtually impossible to reverse a rumour unless one starts a counter rumour to nullify the effect of the first one. Even this is not easy.

Dangerous and Deliberate Rumours

I have been part of such rumour mongering myself. I heard rumours circulating among some people at the University of the South Pacific, Forum Secretariat, within government circles and expatriate community that I was an adviser to the military. My first reaction was to laugh at how people could possibly invent lies, spread them and had them believed by prominent and respectable people.Ironically and interestingly there was another rumour that the military was after me. I heard the rumour from three people who told me they heard rumours that the military was going to pounce on me because I was talking too much.

It seems the rumour mongering culture in this coup is not as intensive as during the 2000 coup where there were deliberately planted rumours by the coup perpetrators in a big and systematic way. Rumours about the riches and the 'evil' deeds of the Ratu Mara family, about Ratu Mara's blood-drinking antics or about Mahendra Chaudhry trying to sell Fiji to India plus all sorts of conspiracy theories were circulated widely in pamphlets.Supernatural explanations were used to spice up the stories.

After the 2000 coup people lived their lives on the basis of responses to sudden rumours. Everyday there were rumours of the "boys from Parliament" intending to march down to the city. This was enough to send people rushing home as fast as possible before work finished. There was an atmosphere of constant fear fuelled by an assortment of wild rumours of possible mass murder, intervention by Fijian ancestral gods and more.

Rumours and counter-rumours became part of the psychological war between the military and the Speight group. Moreover, I don't think I will ever forget the rumour mongering incidents which got me into trouble with the military during the 1987 coup. Because I had just returned from the Soviet Union a couple of years earlier and was still full of youthful political idealism, it was rumoured that I was a KGB agent spying and conspiring against Rabuka's government. For that I was arrested and interrogated by the military.

Not long after that it was rumoured that I was organising a secret urban guerrilla group which was planning to kidnap and kill General Rabuka's wife who was then teaching at Lelean Memorial School. Again, the military did not hesitate to arrest and interrogate me. Everytime the military heard a rumour about me they would come for me. Altogether I was arrested about four times and harassed countless times in nightclubs, streets and even at the airport by military personnel.

I was amused by the fictitious and atrocious allegations contained in the rumours and my first reaction was often to laugh them off. I later learnt the horrifying lesson that to burst out in sarcastic and mocking laughter in front of angry and suspicious soldiers armed with M16 was not a very good idea at all. My bruised ribs are testimony to this.


E-rumour, E-coup And The Silent War

The use of the internet to transmit and circulate rumours has been a common obsession in this coup.It is used by both sides of the political divide. Supporters of the coup have been circulating stories about corrupt practices by former Prime Minister Qarase and some of his close associates.
Part of the story is that they ganged-up to plunder Fijian Holdings shares after the company became a limited liability company in 1992. They were portrayed as a bunch of evil conspirators who were out to atrociously deprive ordinary Fijians their share of the wealth.

There were rumours that Qarase's stooges were planted in boards and institutions and whose job it was to channel money to his account. These sorts of rumours have provided the clean-up campaign more moral enthusiasm.

Opponents of the coup have been active with their e-rumour machine, manufacturing and distributing stories. Among these is the conspiracy theory about the Mara dynasty using the coup to reclaim lost political glory. Some e-rumours talk about alleged behind-the-scene manipulation of the President by the military. The use of e-rumours represents a dynamic silent war involving competing claims, ideas and perceptions of legitimacy.

It is an unavoidable consequence of globalisation where the IT culture shapes and reinvents our relationship with each other in a profound manner. The coup not only takes place in real political life, it is also carried out in the virtual realm where IT becomes the engine for a silent war. We may call this phenomenon 'e-coup'.


Rumours And Reality

Rumours are not all figments of the imagination of some obscure conspiratorial propagandists. Some are based on real situations, some on interpretations of real situations, some on distortions (either intentional or unintentional) of real situations and some on pure invented fantasy. Some are meant to ridicule, some are meant to destroy characters, some are meant to amuse people while some are for serious information.

At some point, people can no longer distinguish between reality and fiction. People often believe rumours just because it has been converted into "truth" after going through so many people. It is often suggested that rumour-mongering is a favourite pastime of uneducated and ignorant peasants and workers. Nothing is further from the truth. Rumour-mongering is very much an established middle class culture. Even those who claim to be society's intelligentsia are among the biggest perpetrators and most susceptible to this seemingly primitive behavioural disposition.

The IT culture has made rumour-mongering a highly sophisticated and intellectual activity in its own right. Even the media has, through its reporting, sparked rumours or even validated the rumours.

The 2006 coup in Fiji has become a fertile ground for rumour-mongering, either in support or rejection of the coup. Seriously, we may say that we detest rumours but in reality, we like listening to them and passing them on as if they would bring us good luck.

Let me finish by passing a fresh rumour to you. Shhh.. I heard at Traps Bar the other night that Suva is a rainy city, with frequent water cuts and full of gullible, rumour-mongering idiots. Shsh, pass it on.

Dr Steven Ratuva is a political sociologist at the University of the South Pacific. The views expressed in these articles are his and do not necessarily reflect the views of the University.


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Fiji Auditor General Accused of Stonewalling Findings.

Discrepancies into the affairs of the office of Fiji Auditor General is paramount among the priorities of new interim Minister of Finance, Mahendra Chaudary. The new incumbent has raised interesting questions regarding certain select 2005 findings that, were withheld from being tabled in Fiji Parliament.

"There is enough evidence in those reports. I have reason to believe the reports were shelved because the contents compromised the ousted Soqosoqo Duavata ni Lewenivanua Government.

"You will remember that the Auditor-General was summoned by Laisenia Qarase when he was Prime Minister, where he was talked to. Thereafter, a general slacking from the Auditor- General was evident," Mr Chaudhry said, accusing Mr Vatuloka of being selective in his reports.

Select findings reported by the Fij Times, is as follows:

Two reports obtained by The Fiji Times show there were no travel guidelines for State CEOs overseas travel, enabling them to capitalise on loopholes without telling the Public Service Commission in time.

One report said the Minor Tenders Board in a Flying Minute in September 2002 approved the purchase of three return tickets from Nadi to Geneva for an Inter-Parliamentary Union meeting.

The trip for then Speaker of the House Ratu Epeli Nailatikau, backbencher Filimoni Banuve and former FLP backbencher Vijay Singh cost taxpayers $26,187. Former Secretary-General Mary Chapman joined the contingent at an additional $8729 without the approval of the Minor Tenders Board or an explanation for the last minute inclusion.

The report highlights the need for State ministries and departments to file supporting documents for official trips overseas, after it was discovered organisations funded air fares and per diem allowances for MPs.

Former MPs cited in such instances include ex-SDL Cabinet member Mataiasi Ragigia, ousted Commerce Minister Tomasi Vuetilovoni, Isireli Leweniqila who at the time of the report was Sports Minister, Simione Kaitani, who was then Information Minister, Solomone Naivalu as Health Minister and then Public Enterprise Minister Irami Matairavula. The report cited breach of an agreement the Government had with Air Pacific Fiji Limited on all overseas travel services for civil servants.

Included in this were former Home Affairs Minister Joketani Cokanasiga, Mr Naivalu and Agriculture CEO Luke Ratuvuki, who travelled Qantas Airways for business purposes.

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Ab Absurdo Australis

Australia's meddling into the political affairs of Pacific island nations, has now received a stern rebuke by the Melanesian Spearhead Group.
China Post article dissects the news of this dispatched communique which included a statement of solidarity and support of Fiji's new interim Government.

An article by The Age newspaper title uses the word "Bully" in the title. In another opinion piece by The Age, reflects on the foreign policy and the diplomatic engagements designed by Canberra, which is described in the article as "lacking in imagination".

This is the excerpt of the article:

Our parlous region

January 13, 2007
Page 1 of 3 | Single page

Australia's policy in the South Pacific is obsessed with security concerns and market-driven solutions to theproblems of poorer nations, write Shahar Hameiri and Toby Carroll.

THE recent release of a commissioned progress report into the largest Australian-led state building program in recent history demonstrates the need for a qualitatively new approach to assisting the Pacific. After three years of extensive involvement through the Regional Assistance Mission to Solomon Islands, the report paints a disturbing picture.

Although the security situation has thankfully improved under RAMSI, the same cannot be said for the economy, with Solomon Islanders suffering prohibitive prices for basic goods and low employment prospects.

Unfortunately, the Australian Government's approach to the Pacific region is constrained by a lack of imagination that does little to improve the development prospects of our neighbours or advance Australia's long-term security interests.

Indeed, not a day has gone by in the past year without news of political and social unrest in the Pacific. In some circles, the island states to Australia's north and east have acquired the dubious moniker of the "Arc of Instability".

Important questions relating to the nature of this instability, as well as to Australia's approach to ameliorating it, need to be raised. This is because the fundamental reading in Australia of the Pacific quagmire is biased in favour of promoting stopgap measures that are difficult to implement and, when implemented, can amplify the root causes of the problem.

Crucially, the Australian Government's short-term interests are with curbing immediate regional security threats in the form of migrant outflows, international crime and breeding grounds for terrorists.

In the long-term, the Government's plan is to stabilise the region and implement so-called "good governance" programs, which are seen as the bedrock of market-led development. Market-led development, in turn, is seen as generating stable societies, thereby guaranteeing Australia's security.

The short-term concern for stability goes some way towards explaining the Howard Government's recent decision not to intervene in Fiji after the military coup — preferring the use of diplomatic sanctions and other softer measures. In sum, the existence of a capable Fijian military, while detrimental to democracy, is congenial to Australia's immediate security interests, as perceived by the Australian Government.

In the Solomon Islands, the situation has been very different. In the Solomons, before the Australia-led intervention, no such circuit-breaker existed to control unlawful elements. This meant that the Australian Government had a more elemental interest in stabilising the security situation as a precursor to governance and economic reforms.

The problem with the Government's approach in the Pacific is that it almost never works. Even in the Solomon Islands, where the intervention was initially lauded as a great success, devastating riots and increasing tensions reversed this appraisal drastically, as the report suggests. In Fiji, where Australia is a leading donor, we also see the limits of "good governance" programs.

A report such as the RAMSI one can lead to knee-jerk reactions from those who are already sceptical of the utility of Australian aid. We should be clear that we do not advocate reducing or eliminating Australia's efforts in the Pacific. We do, however, argue for a qualitatively different framework.

Pacific states are geographically small and widespread, have limited natural resources and face significant environmental challenges — especially those associated with climate change.

The problems of the Pacific cannot be solved with the logic of comparative advantage, so critical to market-led development approaches. For example, in the Solomon Islands, deforestation has created massive social and environmental problems, making the industry unsustainable and divisive.

There are many possible policy alternatives to those being promoted by Australia and other major donors.

First, there should be a stronger shift away from "boomerang aid" that often ends up in the pockets of Western companies and consultants. Rather than playing a Keynesian-style role in developing local economies, this form of aid has very little impact on kick-starting domestic markets.

While critics might be concerned about corruption in the process of financial distribution, this should not preclude considering such policies in tandem with suitable checks and balances.

This is because corruption has both played a part in the development of Western economies and actually continues to play a role in promoting Western economic interests in developing countries. To focus on corruption as the primary cause for development failure is to miss the bigger picture.

A second measure has been endorsed by the Labor Party's foreign affairs spokesman, Robert McClelland, and the World Bank. This involves opening up Australia's labour market to temporary workers from the Pacific. At present, Australian employers in seasonal industries, such as agriculture and hospitality, cannot meet staffing demands. In the Pacific, on the other hand, we see a "youth bulge" and massive unemployment. In the Solomon Islands, for example, the median age is just under 19, whereas in Australia it is about 37.

The final policy option relates to a combination of tax concessions to promote Australian foreign direct investment in the Pacific, controlled transfer of technology associated with productive output, and preferential trading arrangements for Pacific states.

But preferential trading should not take the form of free trade agreements, which invariably give preference to the most powerful party.

New trading regimes should nurture budding industries and protect them from competition, where appropriate, within a regional framework.

The World Trade Organisation is a potential barrier here, but the present international trade regime is part of the problem that needs to be tackled.

Far from radical, some of the policies were flagged in 2003 by a report of the Senate Foreign Affairs Committee. But the report's recommendations have found little expression within Australian Government policy.

The present approach of the Australian Government is not only tight-fisted, it is inefficient in generating outcomes congenial to regional stability.

The debate on regional engagement needs to be expanded beyond its ideologically and politically constrained boundaries.

Shahar Hameiri and Toby Carroll research regional economic development and security issues at the Asia Research Centre, Murdoch University.

Club Em Designs

Conscientious Objectors Use Veto Powers in U.N Security Council Vote.

In a stunning opposition to a U.S backed resolution that, basically had communicated a warning to Burma's military Government. In a nutshell, the U.N Security Council had to weigh the refurbishment of democratic principles conducted by Burma, against the greater evils existing in the world.

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Fijian Affairs Board Slush Fund Scrutinized.

Slush funds used by the Fijian Affairs Board (FAB) to issue unsecured loans for prominent individuals in Fiji, is covered by this Fiji Village article. It was understood that, these questionable loans were given subsequent to the naming of former Fiji P.M Laisenia Qarase, as chair to the Fijian Affairs Board. The former C.E.O for F.A.B, also declined to speculate on the existence of such a fund or its abuse.

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Fiji chiefs' about-face bolsters coup

FIJI'S Great Council of Chiefs has performed a remarkable turnaround to swing its support behind the regime of coup leader Frank Bainimarama.

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Australian Broadcasting Corporation interview with Peter Ridgeway .

Former Director Public Prosecutor of Fiji, Peter Ridgeway was interviewed by ABC on his looming prospects of returning to Fiji, to resume the coup investigations. Ridgeway, an Australia trained lawyer had his work permit revoked by the SDL Government, for his successful progress in investigating the details surrounding the 2000 Fiji coup.

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Chief No More.

Fiji born correspondent, Graham Davis contributor to the Australian, presents an interesting take on Fiji's changing fabric of society. Davis also reports on the increasing deficit in respect, for the Fiji aristocracy in the wake of the ebbing political tide.

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GCC's flip-flopping position.

In a convenient way to save face, the Great Council of Chiefs have now buckled and thrown their support behind the new interim Fiji Government; after the GCC chairman had refused to cooperate with the military council's prior requests.
Despite this new development, it certainly does not redeem the GCC's callous standing with the Fiji Army or hinder any proposals of overhauling the Native Lands Trust Board's charter and the surrounding native machinery.


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Pacific Postmodernism

Although, Fiji Daily Post editorial pivots on the question whether the ministerial line-up is really new or just a resemblance of historical political alliances, likewise, the Fiji Times' editorial, essentially portrayed a cautiously optimistic view; in either case, the new political appointees, represent a racially diverse group of individuals who are Fiji citizens first and foremost.

An example of this civic pride, is described by Fiji Times article on newly appointed interim Minister and former Parliamentary member of the Opposition, Bernadette Ganilau (pictured above), who also outlined her rationale of accepting the challenge; much to the disappointment of her former counterpart and deposed Leader of the Opposition, Mick Beddoes as published in a Fiji Time article.

To succeed, these fresh pick of players should be more concerned with seizing the moral high grounds by coalescing the hopes of all Fijian people, regardless of race, color or creed.

An imminent objective of this new ministerial line-up, is to reform, realign and refurbish many political partisanships that, an elite few have profited from, whilst the bottom feeders of Fiji society were held in economic servitude, to these conditions not of their interest or their choosing.

Despite these pressing concerns, it appears that some detractors from the NGO community as described the Fiji Times article, reflect a more lagging, self-interested desire to navel-gaze on legal posturing, engineered to diminish any forward momentum .

Fiji Sun article analyzes the eroding influence of Australia into the Pacific rim of fire. In itself the Pacific region may represent a foggy bottom for trivialities.

Is our Big Brother losing grip on the neighbourhood or Shackled by Pacific woes?

Some defence analysts believe that after a troubled year, Canberra's robust approach to regional affairs is beginning to unravel. Since 9/11 and the Bali bombings in October 2002 the Australians have pursued a more aggressive role in matters close to home. They worry that failing states could be exploited by terrorists or criminals. Despite the intervention of Australian troops and police officers as well as doses of heavyweight diplomacy, 2006 was a bad year for the South Pacific.

There was violence in East Timor, the Solomon Islands and Tonga. A military coup robbed Fiji of its elected government and tensions have persisted in parts of Papua New Guinea. "The crises of 2006 have reinforced the reasons why Australia is involved in the South Pacific, but they have undermined our confidence that we know what to do about it," said Hugh White, professor of Strategic Studies at the Australian National University.

"(Prime Minister) John Howard's always had a sense that there was a lot of trouble brewing in the immediate neighbourhood but I don't think they (the Australians) ever expected to find themselves as deeply engaged in as many places for such protracted periods of time," Professor White, a former government adviser, told the BBC.

In recent times Australia has sent hundreds of soldiers and police officers to the region's trouble spots in addition to deployments in Iraq and Afghanistan. Last November's mission to Tonga was short-lived but Australia is looking at an almost permanent presence in the Solomon Islands and East Timor. The appointment of Australian-born police chiefs in the Solomons and Fiji have ended in disaster with both men banished by disgruntled local officials. There are signs that resentment in the neighbourhood is mounting.

"Australian popularity is at an all-time low and its (regional) policies are being severely weakened," said Dr Steven Ratuva from the University of the South Pacific in Fiji.

The Howard government is accused of being too paternalistic. "Australia is more concerned with its own security in relation to terrorism and international crime to worry too much about the internal plight of the small island neighbours," cautioned Dr Ratuva. "The basic security issue in Fiji, the Solomon Islands, Tonga and East Timor is linked to internal political dynamics and economic development, not terrorism." Generally Australia's efforts to help its smaller regional cousins are welcomed.

But there is a feeling that Canberra should take more time to listen. A former member of the Solomon Islands parliament, Yukio Sato, said that a greater understanding of local problems was essential. "Australia must get off its high horse and properly look at these issues from the same vantage point as a Solomon Islander.

The root causes still lie in wait, as does a time bomb ticking away waiting to trigger yet another explosion," Mr Sato warned. The Solomon Islands capital Honiara was hit by violent disturbances last April. Years of ethnic fighting across the archipelago prompted Australia to lead an international rescue mission in 2003.

Important steps to recovery have been made but the road ahead promises to be rocky. The official view from Canberra is that Australia is committed to helping its island neighbours through difficult times and that aid and reconstruction efforts have been a success. The eradication of corruption and poverty remain key goals for the future. Analysts believe that Australia needs a keener appreciation of a diverse and volatile region if they are to be achieved.

"Australia hasn't yet found what else you send apart from the army to try and address those deeper political, social, economic problems that are the real root of the issue," said Prof Hugh White. Undoubtedly countries in the South Pacific need Australia's help but they want to be seen as equal partners and not basket cases.

Club Em Designs

Defying Land Sales Ban or Just Plain Ignorance?

The website for Fiji sales still advertise despite the declaration order of halting any land sales, was given by the military council recently.

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New Fiji government looks to Asia for new alliances

Article by IHT reflects on the comments by Fiji's new Minister of Foreign Affairs.

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Chaudary the deposed P.M, becomes Minister of Finance and Planning.

In a complete reversal of fortunes, Mahendra Chaudary is reported to have accepted the post
of Minister of Finance and Planning.

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Contingency Theory

Jonathan Edelstein has added another insightful post to his blog the Head Heeb. This posting reflects his opinions, dissecting the profiles of the new line of interim Minsters announced recently.

Fiji Times profile descriptions also provides images of the incubents.


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Chronic Misfeasance

Opinion article by former Fiji resident and blogger whose article was published by Fiji Sun is a worthy read. The excerpt is as follows:

Coupists and wrangling lawyers By Victor Lal The Fiji Human Rights Commission director Dr Shaista Shameem's report against the deposed Laisenia Qarase government has drawn flak from some quarters of the legal fraternity. It has been described as "mostly laughable" by Suva lawyer Richard Naidu, who in an unwarranted broadside went on to suggest that "somewhere in her academic career, Ms Shameem apparently picked up a law degree. Her latest effort illustrates the dangers of allowing academic sociology types to study serious subjects like law". However, in the next breath he himself has been portrayed in the press as a leading expert on constitutional law. If I am not mistaken, both Dr Shameem and Mr Naidu are a cross breed between law and journalism, having worked as newspaper reporters before qualifying as lawyers. In Mr Naidu's case, he is a senior partner in Munro Leys specialising primarily in commercial and advisory work for clients in Fiji's aviation, energy, finance, sugar, media, telecommunications and tourism sectors. According to Munro Leys, he had recently been involved in advice and submissions to the deposed Laisena Qarase government on policy and regulation of both the tourism and telecommunications sectors. He was a member of the Government appointed Fiscal Review Committee appointed in 2004 to advise Government on tax and fiscal reform. In reply, Dr Shameem said Mr Naidu had a hidden agenda which would be revealed in due course. By whom, and when? Mr Naidu's legal partner Jon Apted, on the other hand, argues that the granting of immunity to the Interim Prime Minister Commodore Voreqe Bainimarama and his soldiers will arguably infringe on the human rights of others who want to sue them for wrongs they may have committed since the military takeover. One begins to wonder whether the lawyers in Fiji are truly committed to their vocations or are simply changing tune in different contexts and eras. Take, for example, Mr Apted, who had no legal reservations to act as the Supervisor of Elections in the 1992 and 1994 general elections, which was held under the blatantly racist 1990 Constitution, and which had basically disenfranchised half of Fiji's population - the Indo-Fijians following the racially motivated Rabuka coups of 1987. The positions of Prime Minister, President and armed forces commander were reserved for ethinc Fijians, as well as 50 per cent of civil service jobs for Fijians and Rotumans, and also 37 seats were reserved for Fijians in Parliament. The notorious affirmative action programme was also introduced into the 1990 Constitution. It was only recently that I condemned the hypocrisy practised by the president of the Fiji Law Society, Devanesh Sharma, in relation to the military lawyers, and challenged him to state why he had no qualm in defending the godfather of the coup culture, Sitiveni Rabuka, who was charged and found not guilty of inciting mutiny against the Commodore. Here again, one can ask Mr Apted to explain what is so repugnant about the proposed immunity planned by the President for Commodore Bainimarama and his soldiers, and yet Mr Apted saw nothing wrong in supervising two general elections which had returned Mr Rabuka as Prime Minister. Mr Rabuka had only become the Prime Minister because he had clothed himself under the sulu of immunity from prosecution for the crime of treason, which had carried the death penalty in 1987. Mr Apted, in reference to Commodore Bainimarama, now claims that "If you grant civil immunity for the men and women of the RFMF and you deprive somebody of the right to sue them for something wrong that they might have done, arguably you are infringing on that person's human rights" "Even if somebody made a law granting immunity, the immunity that has been promised is criminal and civil immunity prevents a person, whose rights have been breached, from suing in a court for damages", he said. In 1987, it was the former Governor-General Ratu Sir Penaia Ganilau, who after becoming the post-coup President, and supported by the GCC, had granted Mr Rabuka and his co-coup conspirators and others immunity from prosecution for executing not one but two coups, and hence shielding them from prosecution for the violence, brutality, and torture that was inflicted largely on the Indo-Fijian community. Although I disagree with some aspects of the FHRC report, it ought to be read, as Reverend Akuila Yabaki has urged us, with open mind. It was only a decade ago, in 1997 when Justice Daniel Fatiaki (later CJ) had ruled that Mr Apted, as Supervisor of Elections, had misdirected himself in law when he (Mr Apted) had refused to entertain a request from Dr Wadan Narsey that the latter be registered on the voter roll to enable him (Dr Narsey) to contest the Suva City Indian communal seat on an NFP ticket which had become vacant by the death of lawyer Harilal Patel. Dr Narsey had erroneously thought that he was already registered previosuly, and that registration continued until the death of the individual. Mr Apted had refused to use his discretionary powers to entertain Dr Narsey's application for late registration (The State v The Supervisor of Elections, ex parte Wadan Narsey, 1997). Moreover, Mr Sharma now says his society is seeking an independent view of the move by the military to send the Chief Justice and Chief Magistrate on leave while an inquiry is held into the judiciary. Mr Sharma, who is also a member of the Judiciary Services Commission, said the appointment of the Chief Justice was made in consultation with the chairman of the Public Service Commission and the president of the Fiji Law Society. The society has also challenged the legality of the appointment of Commodore Bainimarama as interim prime minister. Mr Sharma said the Constitution stated that the Prime Minister must be a member of the House of Representatives and be a member of the controlling party in the House. He is talking about the rules and procedures that existed during peace times in a democracy which, according to the former Prime Minister Laisenia Qarase, is 'a foreign flower' on Fijian soil. We live under a State of Emergency and in abnormal circumstances, and the appointment of Commodore Bainimarama has been made by the President who not only fully supports the coup but claims that he would have himself executed a coup against the Qarase government if he was wearing the Commodore's military jacket and boot. Now the GCC has also endorsed the appointment. In any event, the former chairman of the PSC, Stuart Hugget, is away in Australia, claiming to have taken an extended family holiday. The CJ went on leave without any protest. As I have repeatedly pointed out, since the Commodore has executed a military coup, he has the sole authority to decide which parts of the Constitution is defunct, and which parts are intact. Whatever these wrangling lawyers do or say, they must remember that it was none other than Dr Shameem who initiated the now famous Chandrika Prasad case on which these lawyers are basing their legal positions. Where were her critics after the 2000 crisis? Why they did not themselves initiate a legal test case? Well, here is more legal food for thought. Since Fiji has been suspended by the Commonwealth, why is the Fiji Law Society not calling on the foreign judges, mostly Australian and New Zealand citizens, to vacate the bench? The archaic Commonwealth practice allows these judges to decide the consitutional fate of Fiji. How many Fijian judges are sitting on the Australian and New Zealand benches? Also the overseas lawyers' membership of the society needs to be re-considered. Those lawyers who are so offended by what has taken place can simply hang up their legal robes and close their law firms as a protest against the decision of the President and the GCC, who have now recognised the Commodore as Interim PM. What took place on December 5 cannot even be described as a coup. Mr Qarase and his cabinet ministers had simply abandoned their portfolios and ran away, creating a public necessity for the Commodore to step in and take executive authority of Fiji, which he partially handed over to President Ratu Josefa Iloilo on January 5. As to the clean-up campaign, the Commodore has emabrked on a path which the United States, Great Britain and Australia had undertaken when they illegally invaded Iraq in search of the perceived weapons of mass destruction which they claimed the executed dictator Saddam Hussein had in his possession. They had even set up an Interim Administration to run Iraq, with the American Paul Brenner as its governor. In our case, let us hope and pray that the Commodore will find weapons on mass corruption in Fiji. The Commodore must not hurry up, for the Coalition forces are still in Iraq after four years. He must not be deterred by the lawyers preaching the rule of law and constitutionalism to him. The rule of law seeks to ensure that the Government will not behave in an arbitrary, corrupt, or oppressive way. And yet when it comes to lawyers, they are immune from legal suit. The primary basis for justifying an immunity from negligence within the legal profession is to maintain the lawyer's duty to the court over the duty of the client. Is it time to abolish the lawyers' own immunity from suit. Machiavelli once wrote: "For the reformer has enemies in all those who profit by the old order." Maybe, it is time Commodore Frank Bainimarama sent one of his men to the offices of the Registrar of Companies to see which lawyer and which legal firm drew up the business deeds of the Fijian companies and shareholders who are now under investigation in his clean-up campaign. All governments are subject to overthrow - either at the ballot box or by the gun if they refuse to mend their ways or in our case tried to compromise the safety and security of the nation and her citizens for selfish political ends. The rule of law is largerly a procedural notion; it does not address substantive questions. The 1997 Constitution needs major re-structuring before Fiji reverts back to civilian rule. Democracy gives no government the right to do what it wants to do in the country. victor_lal@yahoo.co.uk

The objective white glove inspection of Native Lands Trust Board has been one of the issues that was long advocated by S.i.F.M and welcomes the decision by the interim Government to conduct an official inquiry and subsequent proposal to overhaul N.L.T.B's charter, operations and management of native land in Fiji, as reported by Fiji Sun news.

Landowners hail NLTB review

The decision by Army Commander Commodore Voreqe Bainimarama to restructure the Native Land Trust Board has been welcomed by the Viti Landowners Resources Association. Association interim president Ratu Osea Gavidi said the restructure of the NLTB, which is already guided by the Native Land Trust Act, needs to be reviewed.

"It can be reviewed either by a decree of the interim government or convening of the next parliament or amendments to the Native Land Trust Act could be entertained," said Ratu Osea. So far, he said, the administration of the NLTB has been too centralised. "There is only one national board and four offices that includes Suva, Nadi, Lautoka and Labasa," he said.

"They should decentralise it at the vanua level and the mataqali level where it should be administered from." He said the bulk of the land is in the rural areas and this is one reason why the landowners are falling back all the time. NLTB, he said, is an arm of the government.
"And it is about time government returns management and administration of the native lands to native people. Restructure means you've got to return administration and management to the owners who are the mataqali and the tokatoka"

Ratu Osea said the chairman of the NLTB is the minister of Fijian Affairs who is a political appointee and is not appointed by the landowners. Because of the lack of resources and education within the vanua, he said, it had been put to the government to govern it and "this is why we welcome the restructure". Additionally, the civil servants who administered the land are undervaluing the native land, he added.

"Millions of dollars are being exchanged with the sale of the freehold land," he said. Ratu Osea said the qoliqoli is another asset of the native people that is in the hands of the State. "We ask for the ownership, management and administration of our qoliqoli be returned to the native people and people who go against that are unjust," Ratu Osea said.

This review of Native Lands Trust Board also follows the Fiji Sun reports of the military projecting their power by seizing control and encasing the Gold Mine infrastructure in a security envelope.

The seizure may be an effort by the military to ascertain the reasons by the current mine owner of ceasing mining operations, subsequent to the Fiji coup. As well as pursuing the linkages between N.L.T.B and the Gold mine operations with respect to the royalties, outstanding taxes, export taxes and the justification of a reported tax free holiday that the mine had enjoyed as thoroughly documented by this Roman Grynberg led academic study-PDF.

Surprising enough, the threats of closure by the Mine owners is also featured in the report and has been described as, a well used form of political bargaining in Fiji.

Lead Us Not Into Temptation.

The Fiji Times Editorial of Saturday Jan 6^th 2007 titled “Civilian Rule” warrants a reply.

The choice of the opening sentence of this editorial: “The military has dropped another bombshell with the swearing in of Voreqe Bainimarama as interim Prime Minister.” These words speaks volumes, of the decision by Fiji Times to defer the news of President Iloilo's reinstatement, to a subordinate and subservient role in the second sentence. The editorial assumed that the Army Commander had “negated his intention to hand back power to legal authority.”

The cynical commentary of the military's intentions to normalize the operations of the machinery of government may have conveniently escaped the Fiji Times' observations. Including the hostile takeover of the most coveted offices in the civil service that had been rumored to be so inept that, the million dollar expenditure as documented in the Kunatuba-agricultural scam case was overlooked by career civil servants and other rudimentary oversighters; who either had no scant idea whatsoever or were neck deep involved, in determing how the lion's share of the Fiji Government's budget was to be being spent so lasciviously.

Fiji Times Editorial further claims that, “The military therefore misses a golden opportunity to hand back to a civilian government but also returning the country to constitutional rule.”

It is appreciative of the Fiji Times to have their own schedule of when and how changes in the military clean-up campaign within the Fiji Government should be orchestrated.

Unfortunately and undesirably theirs is not a schedule tailored to meet the military's strategic plans for the nation of Fiji. Rest assured the military has duly noted the Fiji Times' keen interest in political timekeeping and how the milestones of governance should be aligned. As such, the transparent intentions by the Fiji military to fast track legislation for Freedom of Information in government machinery demarcates the abilities of the Fiji Times and the military. Suffice to say, highlighting the inabilities of the Fiji Times to achieve anything in governance, worthy of mention or remembering by the average citizen. History remembers players with heart, not observers with profit induced agendas.

It is also indicative of the apparent absence of such media persuasion, when the SDL Government was holding the reins of power and proposed to pass the controversial Bills of R.T.U, Qoliqoli and Lands Tribunal respectively.

Why did Fiji Times avoid protesting the reports by voters of impropriety during the 2006 elections, using their same method of sensationalism used to defend the Media Broadcasting Bill? Their mulled silence is similar to Fiji Times' token reaction to the decision by the SDL Government to increase Value Added Taxes from 12% to 15%.

No marches, protests, sit-ins were evident in the aftermath of the 2000 coup in Fiji. Nor did we see a symbolic stand by the Methodist church, or from the current leader of the World Harvest Center church in Fiji, Pastor Suliasi Kurulo against the spate of religious intolerance seen in the numerous Hindu temple defilements in Fiji. Even though, Pastor Kurulo was tempted to speak on the political developments in Fiji, by labeling the re-instated President a puppet as reported by this Fiji Live article; this does not exclude Pastor Kurulo from ignoring, glossing over and de-emphasizing the rectitude absconded in the 1987 and 2000 coups.

Church shocked with President's support
Friday January 05, 2007

The Christian Mission Fellowship in Fiji has expressed shock at the President Ratu Josefa Iloilo's statement yesterday that he supported the overthrow of Laisenia Qarase's government.

CMF president Reverend Suliasi Kurulo said it is apparent that Ratu Josefa is a puppet of the military.

"The whole country is reeling from the shock of these unfortunate utterances. To hide behind the rational of culture is unacceptable.

"To say that he (Ratu Josefa) would have done exactly the same thing is a crying shame," Rev Kurulo said.

He said the contradictory statements from the President before and after the illegal takeover by the Commander, confirms that he is being used by the army.

"His statement has made a mockery of our culture, government and our beloved nation."

Ratu Iloilo yesterday said he backed the military takeover saying the RFMF acted in the interest of the nation and upheld the Constitution.

Fiji Times Editorial concludes with this stylistic flaw of beginning a sentence with the word “And”.

“And there is no other effective and acceptable way forward of achieving that than for the military to disappear from the scene and allow reputable and honest civilians to take this nation back to constitutional rule. Period (sic).”

If it wasn't for the disparity of the Fiji Times' editorials skewed intentions, one would have already concluded that, this was the prime objective of the Fiji Army. These particular nuances in understanding the Army's intentions, is at times clouded by externalities and other pressures that may affect the slant of the media piece and underscores the major difference between those who get paid to write and those who live to write on Fiji.

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Fiji re-installs President.

The interim military council has reappointed as President and Vuda chief Ratu Josefa Iloilo in a ceremony held in Suva, Fiji.

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