Wednesday, December 07, 2005

Muddy influence of Chiefs in Constitutional Debate.


Fiji Nursing Students online. Welcome to Cyberspace!
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Convicted and released Senator Dimuri is at it again, trying stir up the pot of racial hatred, in order to get mileage prior to the 2006 elections.
WIth all due respect to Fiji's Vice President, However Stuck in Fiji Mud believes in the legal principle of "Stari Decisis" and has the perception that; It is unbecoming for the Vice-President to raise the issue of dual court system for customary laws. He advocates the setting up of a dual court system, but the Vice-President's reasons are convoluted and lacks substance.

For instance, the V.P seriously glosses over the abusive land tenure system administered by Native Lands Trust Board which hampers the social mobility of landowners. That same system has forced land into the political sphere.
Wasn't that was a catalyst for Fiji's calamities in 2000?

The only alternatives that Stuck in Fiji Mud advocates; is the unbundling of Native Land Trust Board. Everything else in Fiji politics will align to this new equilibrium.


Kids in Fiji's capital: Suva.
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This model envisioned by these nationalist legal scholars is as follows:

The success of the Fijian Courts will depend on the commitment of all villagers. The Government supports the idea of the Fijian Court system or the dual court system.

The Fijian Court, abolished in 1967, was the enforcement arm of the Fijian administration and consisted of the Tikina Courts and the Provincial Courts.
They were respectively established under section 16 and 18 of the Fijian Affairs Act cap 120.

They administered the Criminal Offices Code, Lawa i Taukei, the Fijian Affairs (Appeals) Regulations, the Fijian Affairs (Courts) Regulations, the Fijian Affairs (Extramural Punishment) Regulations, the Fijian Affairs (Provincial Councils) Regulations, the Fijian Affairs (Interpretation) Regulations and the Provincial (Public Health) Villages) by-laws of each province.

Each tikina had a court with a native magistrate. Compliance with the regulations was overseen by the administration head of the tikina (Buli), supported by provincial enforcement officers (ovisa ni yasana).

The abolition of the regulations and dismantling of the Fijian Courts in 1967 followed changes in policy concerning the Fijian Administration.
It was decided that the entire system needed to be reviewed to allow Fijians to be part of the mainstream rather than developing separately.

It was also apparent that social changes among Fijians such as improving and increased levels of education and urbanisation had brought different attitudes no longer content with quiescent communalism.

The Cole Report of September 1984 (Parliamentary Paper No 56 of 1985) recommended the consideration of the revival of the Fijian Courts and the Regulations.
The basis of the review was that:

“If there is to be more effective provincial administration down through the tikina to the village this must be reflected not merely by the structures of representation in the councils of the people and the administration but also in the system by which law and customs are communicated and maintained.”


Stuck in Fiji Mud maintains the position that creating such a system is duplicitory. This model is tediously slow to gain returns and distracts attention away from the root cause of indigenous frustrations.

On another note the Fiji Media Council hosted Forum on Poverty raises the theme of Attitude Adjustment, which the Fijian Native administration, have yet to adopt.

Qarase launches Fiji's newest Internet Service Provider: Unwired.
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Club Em Designs

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