Smoky Backroom Deals.

Above image: Fiji P.M and convicted perptraitor in the 2000 coup and current Minister of Fijian Affairs, Niqama Lalabalavu at the recent GCC meeting.

Fiji Times article reports that, the Army will not accept the Biketawa Declaration application to Fiji. Clearly the Army believes that the obscure declaration designed by the Australian Government, infringes on Fiji's sovereignity and also has the ability to supercede the legal foundations of natural justice.

Much have been said on the Army Commander refusing to adhere to maligned wishes of the tainted Great Council of Chiefs(GCC). The cancer of truth impairedness has been counter-pointed by Commander Frank's new remarks, covered by Fiji Times article.
Commander Frank B unravels the absence of fresh perspectives seen in the speech of Fiji P.M to GCC (posted at the end).

The debate on the 2007 national budget in Fiji Parliament, also reveals an interesting angle in the content of these speeches by Ministers of the Cabinet, who have chosen to ignore the negative aspects of the proposal.

Below are links to 2007 Budget Address for the following Ministries:

1.) Hon. Kepa, Minister for Youth and Sport

2.) Hon. Qoro, Minister for Commerce & Industry

3.) Hon. Lalabalavu, Minister for Fijian Affairs Board and Provincial Development.

4.) Hon. Dutt, Minister of Labour and Industrial Relations.


Certainely Maverick individuals who actively fight for the silent majority are few and far between in Fiji. Among them are the Fiji Army Commander, another from that same mould is the Minister for Energy, Lekh Ram Vayeshnoi(FLP-Sigatoka Indian Rural)who revealed his moral courage and voted against the 2007 Budget; as well as rejecting any pressure to resign his post by the Prime Minister as described by this Fiji Times article.

The Ministerial 2007 Budget addresses posted, have been included on the Fiji Government website.

It is rather disappointing to learn that, the same 2007 Budget speeches have not yet been published on the Fiji Parliament website even though the speeches were part of the Parliamentary debates. This only further confirms suspicions that the digital divide in Fiji, is a really a function of ill-funding and misplaced priorities. Another question worth asking the Parliamentary Secretariat, if democracy is truly transparent in Fiji?



Although, the British Government was kind enough and responsible enough to provide funding for the project to create the website for Fiji Parliament; not enough allocation was assigned to the regular tasks of updating and maintaining the website. Is this merely a clerical oversight or indeed a part of a larger picture of
perceived and hollow good-governance, by design?

Inextricably, the democratic ideal of 'equal carriage' has not been given much credence by the past and present Fiji Governments. The Fiji Times Editorial comments on the rhetoric of Fiji P.M.

Yet these Fiji politicians and Government officials are quick to cloak themselves under the skirts of democracy; when the circumstances suit them. Equal carriage means equal treatment of individuals and equal allocation of resources. An E.U website provides some resources on the subject of discrimination.

Important questions must be thrashed out, on the ability of the Fiji Parliament to keep up with the recent Budget debates, as well as updating their website content of Hansard. The index of the Handsard page shows the new Parlaiment session of November 8th, 2006; However, the contents of the page are from the past August session.

Fiji P.M's speech to the Great Council of Chiefs has been published by Fiji Government website reveals the extent of how the mis-information and mis-representation has been layered thickly among the uneducated and out-of-touch layer of Aristcrats.

Hon. Qarase - Remarks at the Great Council of Chiefs meeting
Nov 9, 2006, 14:20

Hon. Laisenia Qarase
Prime Minister and Minister for Sugar and Investment

Tradewinds Convention Centre
Thursday, November 9th, 2006
LAMI 10.00 a.m
(English Translation of Fijian-language text)
Chairman and Members of the Great Council of Chiefs


I am grateful for this opportunity to speak to the Chiefs and representatives of the Fijian and Rotuman people (na i Taukei kei Viti kei Rotuma) at this Great Council.
It is one of our most revered institutions of State, with important constitutional responsibilities. Throughout its history, the Council has had a pivotal part in helping government authorities to maintain peace and order and to safeguard the well being of all the citizens of Fiji.

Its primary responsibility is, of course, to the Fijian and Rotuman people in all matters directly affecting their welfare.

We meet when our country is facing a major crisis with a direct bearing on long term peace, the rule of law and good governance. The immediate challenge is to bring an end to the fear and uncertainty that hangs over our country. The solution is clear. We need to put right the relationship between the Government elected by the people, and the State institution of the Army, charged with responsibility for national security.

I come before you to ask for your support and understanding on the approach I am taking to seek a resolution to this.


RESPECT FOR THE PRESIDENT AND VICE PRESIDENT

My first duty is to extend sincere gratitude and thanks to their Excellencies the President and the Vice President for their efforts to heal the Government-Army relationship.
I thought it would be helpful and relevant for me at this point to briefly outline the constitutional position relating to the office of the President.

It is specified in the Constitution that the President is Head of State; the executive authority of the State is vested in the President.

The Prime Minister is constitutionally required to keep the President generally informed about issues relating to the governance of Fiji. In fact, I regularly brief the President and the Vice President about decisions of Cabinet and other businesses of Government. I regard this as a vital part of my duties.

There are specific circumstances in which the President may act on his or her own judgement, as in the appointment of a Prime Minister. But, generally, the President acts only on the advice of the Cabinet or a Minister, or of some other body or authority prescribed in the Constitution.

These, then, are the constitutional measures that apply.
But, as a Fijian, I see them not just in terms of what the Constitution says and requires. There is a cultural context here as well.

The holders of these high offices carry with them the mana of high chiefs. That chiefly mana, from their respective Vanua, extends, through their appointments, to the whole of Fiji.

Let me reaffirm, therefore, that although I am the elected leader of the political Government, I have the greatest respect for the President and the Vice President and the roles they play.

As eminent traditional leaders, their Excellencies bring to their duties the Fijian way of dealing with issues. This draws on the inclusive approach of dialogue and discussion, where all views are heard and consensus is reached. At all times, there is an atmosphere of restraint and respect. The objective is to reach agreement through mutual accommodation.

Both the President and the Vice President have done their best to use this approach in dealing with our current problems. They have employed the traditional way while being guided, at the same time, by the provisions of the relevant law.

COMMITMENT TO DIALOGUE

I particularly appreciated the willingness of the Vice President, when he was acting as President, to use his influence and good offices to convene a meeting of the Army Commander and me. This was on 16th January this year.
The purpose was to establish procedures for direct dialogue between us, and for the issuing of public statements.

Chiefs of Fiji, allow me to say that if, in your view, I have fallen short in my efforts to improve the relationship between the Government and the Commander and the Military, then I offer my apologies and ask for your understanding.

In my broadcast to the nation last Wednesday (Nov 1st), I publicly renewed my pledge to engage positively with the Commander on issues that concern the Military. I can report that yesterday I received from the Army, a document setting out the matters they wish to discuss. I have sent an immediate reply, with an assurance that the Government is ready to meet with the Commander and his senior officers for consultations.

I will contribute to that dialogue with a view to finding answers that serve the best interests of Fiji.

I believe the basic difference between the Government and the Army involves the legal scope of the Army’s role in the nation.

INTERPRETATION OF CONSTITUTION

According to the Commander and his advisors, the Military has a wide mandate to ensure the wellbeing of Fiji and its people, as well as national security. They believe that this mandate, given to them in the 1990 Constitution, has been transferred to, and continued under, our present 1997 Constitution.

The Government’s position is that the current Constitution is limited to legitimising the continued existence of the RFMF as an institution of the State. It does not, in our view, give the RFMF the broader responsibilities included in the 1990 Constitution. This view is shared by many legal experts.

Clearly, the way to get a final answer on the question, is to ask the Supreme Court to give its opinion. We are doing this, in accordance with constitutional procedures. The Supreme Court will deliberate on the issues and give its opinion. This will help us to move forward as a nation.

I give an assurance that this is not about scoring points. It is about seeking the legal truth, to enlighten us all on the constitutional and statutory role of the RFMF.

This function of the Courts in resolving constitutional issues was demonstrated in our first term of office after the General Election in September 2001.
I had questions and misgivings about the setting up of a Multi Party Cabinet as stipulated in the Constitution. However, the subsequent ruling by the Court of Appeal provided the clarity that was sought. It paved the way for me to establish a Multi Party Cabinet after the May (2006) Elections.

This new approach in the Government of Fiji has received wide support locally and overseas. It has taken us into a new age of inter-ethnic co-operation in Government. What we are doing is regarded as a model for other multi-ethnic societies.

The Military have expressed concern about several items of legislation we have introduced. These are the Promotion of Reconciliation, Tolerance and Unity Bill, the Qoliqoli Bill, and the Indigenous Claims Tribunal.


PROCEDURES FOR ENACTMENT OF LAWS

Permit me to explain at this point the political and democratic procedure that brings legislation into effect. This is extremely relevant in light of some of the statements being expressed by the Army.

When a political party contests a general election it offers to the electorate a manifesto of policies it will enact if elected. If that Party wins office, it then has the authority to enact the legislation and policies it promised to the people. That is how democracy works.

Under Fiji’s Constitution, it is our Parliament which enacts laws. In proposing legislation in Parliament, Government has to follow certain procedures.
The first is that the Cabinet gives instructions to the Attorney-General and his Chambers to draft a particular law, or Bill. This drafting is not done in isolation.
The State Law Office, with the support of the Ministry responsible, consults the stakeholders who are directly concerned.

Once a draft is ready, it goes to a Cabinet Sub-Committee on Legislation. This sub-committee scrutinises the draft in terms of policy aspects, the resources needed for implementation, and to ensure its compatibility with other laws.

The Minister responsible for the legislation tables the Bill in Cabinet. This is then considered, taking into account the recommendations of the Cabinet Sub-committee.
When the draft is approved by Cabinet, it is ready for presentation to Parliament.

With the Multi-Party Cabinet in place, proposed legislation has the blessings, not only of the Prime Minister’s party, but also the endorsement of the entitled party. In the context of the present SDL-Fiji Labour Party Cabinet, a Bill tabled in Parliament has broad political support.

In the House of Representatives, a Bill has to go through three stages.

It is given a first reading and a second reading, when full debate takes place; it is then dealt with in a Committee of the Whole to allow for a clause-by-clause examination. When this is finished, a Bill is given a third reading. When it is approved, it is referred to the Senate.


CONSULTATION WITH THE PEOPLE

A new feature, introduced in the 1997 Constitution, is a system of Sector Committee deliberation that provides yet another stage of democratic consultation within Parliament, and in the community at large.
The Sector Committees cover broad areas of policy, including Justice, Law and Order, Foreign Relations, Economic and Social Services, and Natural Resources.
Ministers do not take part in the work of the Sector Committees. Membership of these comprises Government backbenchers, and the Parliamentary Opposition.
The Committees travel the country to give as many citizens as possible the chance to have their say on proposed legislation.

This is about government by the people, for the people.
Once this democratic process is complete, Committees prepare reports on their findings, summarising the views of the public, and making appropriate recommendations for the House of Representatives as a whole and especially for Government, to consider.
These reports help to determine the final form of the legislation, which maybe somewhat different to the original.

A prime example was the report of the Sector Committee that carried out very wide consultations last year on the Reconciliation and Unity Bill. This was, perhaps, the largest exercise in democratic dialogue that Fiji has ever had.

The Military was part of this. It had the opportunity to make its views known to its own Ministry, as well as to the Sector Committee.
The Committee delivered a very thorough and well- considered report that has been carefully studied and widely welcomed. It illustrates perfectly why it is important to subject proposed legislation to extensive community consultation.

The purpose of legislation is to serve the people and the country. Citizens will readily identify with the law if they feel they have had a voice in its formation.


RECONCILIATION AND UNITY BILL

Let me comment now on where we stand with the Reconciliation and Unity Bill. Government is using the report of the Sector Committee as the foundation for a comprehensive review of the original draft. This review continues. A redrafted Bill has not yet been referred back to Cabinet.

However, I can confirm that the Government has listened carefully to the many concerns expressed on the amnesty issue. Due consideration has been given to the views of the Military and important agencies such as the Fiji Human Rights Commission, and community groups like the Fiji Law Society.

The amnesty clauses have now been dropped. Factors we took into account included the constitutionality of the initial proposals and the comment by the Commissioner of Police that investigations into those implicated in the upheaval of 2000 are nearly complete. Most of those involved have been charged.

In the light of this, the legislation will now provide for a Reconciliation Commission with a limited and specific role. Its main purpose will be to bring together in reconciliation, victims of what happened in 2000 and those who acted against them.
These perpetrators would be people who were involved but could not be charged because of insufficient evidence.

The Commission will encourage the victims and the offenders to come together. Offenders will have an opportunity to confess and ask for forgiveness. Victims will have an opportunity to extend forgiveness and seek some form of reparation.

This reconciliation procedure will be particularly helpful to victims who might find the Court process too costly and complicated. They have a basic right to have their grievances considered and to be assisted.

People who have already been charged and sentenced can only seek relief by direct application to the Prerogative of Mercy Commission. They are also free to seek the assistance of the Reconciliation Commission. The Commission can then examine individual cases, on application, and submit a report to the Prerogative of Mercy Commission.

I emphasise, however, that any recommendation for mercy to His Excellency the President, can only come from the Prerogative of Mercy Commission.

The Reconciliation Commission will not have amnesty power as envisaged in the original Reconciliation and Unity Bill.

This means that the process will remain within the existing machinery of the law.

The rest of the Bill will focus on the establishment of a statutory body to be responsible for promoting national unity.
At present this is undertaken by a National Reconciliation and Unity council appointed by the Government.
Transferring this role to a statutory authority will create an independent entity with its own mandate and representing all the communities of Fiji.

I stress again that the revised Bill will in no way interfere with the independent authority of the Courts, the Director of Public Prosecutions and the Police.


QOLIQOLI AND INDIGENOUS CLAIMS TRIBUNAL

The Qoliqoli Bill and the Indigenous Claims Tribunal Bill are going through the same consultative processes as the Reconciliation and Unity Bill. We must allow this parliamentary and democratic procedure to be completed. The Government awaits the reports of the two sector committees concerned. The reports will provide the basis for complete reviews of the two original Bills.

I stress that these proposed laws are important to the Fijian people. They are an integral part of the Government’s Blueprint for Fijian and Rotuman development, which was endorsed by the Army and this Council.

I ask the GCC to look back to its meeting of July 13, 2000, when I was Prime Minister in the Interim Administration, with Commodore Bainimarama as Head of State. I had been appointed Prime Minister by the Commodore on July 8th. On July 11th, the Cabinet considered and approved the Blueprint and I informed the Commander on the same day.

The Blueprint contained measures I felt were crucially important for lifting the economic and social status of the Fijians and Rotumans. Included was the transfer of the administration of Crown schedule A and B lands from the Government to the Native Land Trust Board.

We have done this.

There was a proposal to set up a Fijian Trust Fund which would give the Great Council of Chiefs an independent source of income.

We have implemented this.


BRITISH PROMISE ON QOLIQOLI

The Qoliqoli Bill and Indigenous Claims Tribunal were part of the Blueprint’s legislative component.

The Qoliqoli law proposes to confer on Fijians the full proprietary rights for the ownership of their customary fishing areas. The Land Claims Tribunal will provide Fijians with a forum to present long-standing grievances about the alienation of some of their ancestral land.

The Qoliqoli Bill will finally bring to reality an undertaking given to the Council of Chiefs by Governor Sir William Des Voeux in Ba in 1881.

At a meeting in Bau in 1982, the GCC asked the Government to honour that undertaking.

This issue has been raised regularly ever since.


CONCERN OVER ANCESTRAL LAND

The Native Lands Commission and the Native Land Trust Board have in their records more than 500 petitions from landowning units detailing their grievances over loss of ancestral land. Many felt this had happened unjustly.

Right from the start of my service as Prime Minister, I have felt strongly that it is wrong to ignore the pleas and the oft-expressed wishes of the Fijians over these historical grievances.

So long as the undercurrents of unhappiness and discontent associated with them continue, we can never be assured about long term stability in Fiji.

When I first came into office in 2000, our Administration established a Commission, led by Professor Asesela Ravuvu, to review the Constitution and canvass the views of citizens throughout the country.

There were two significant features in its findings. One was that Fijians turned out in greater numbers to make representations to it than they did in response to the Reeves Commission whose work led to the 1997 Constitution.

PROTECTION OF FIJIAN INTERESTS

The second point was the widespread concern among the Fijians relating to the role of Government in the protection of their interests. The British colonial administration had accepted a specific responsibility for the wellbeing of the Fijians, as well as for Fiji as a whole. This created the belief among Fijians that Government has a duty to govern them righteously and in accordance with native usages and customs.

Following Independence in 1970 Fijians expected a continuation of this role by Government. However, the Election results in 1987 and 1999 were a harsh reminder that Fijian leadership in, and control of, Government could no longer be guaranteed in a democracy. Fijians now felt they could no longer look to the Government of the day for that protective role the British had established. This concern was exacerbated by what they perceived to be the anti-Fijian policies of the Peoples Coalition Government.
Their recommendations to the Ravuvu Commission proposed that the best way for the Fijians to safeguard their interests was through their own institutions.

The 1997 Constitution is the supreme law of Fiji. Among the principles of good governance it enshrines are equality under the law for all citizens and communities, and the prohibition of discrimination based on ethnicity.

We have all accepted this.

I have to say, however, that many Fijians are concerned that some constitutional principles are being used to challenge the constitutional validity of the various affirmative action programmes introduced by the Government. These are a sincere attempt to narrow the opportunity gap between Fijians and other communities and bring Fijians into the mainstream of the economy.

So, while Fijians have accepted democracy as integral to good governance, many also feel the safeguards they previously enjoyed are no longer there.

This is why there is such widespread support among the Fijians for the Qoliqoli legislation and the Indigenous Claims Tribunal. Through these pieces of legislation they will safeguard their interests through their own institutions of Fijian administration.
There is authority for this in Section 186 of the Constitution, dealing with customary laws and rights.

These two legislative initiatives formed part of the election platform of the SDL Party in the last elections (May 2006). Our Party received the overwhelming backing of the indigenous population.

Given the significance of these draft proposals and the endorsement they have received from the Fijians, they will not be withdrawn.

BILLS TO BE REVIEWED

But I give an undertaking that when the Sector Committee reports are tabled and studied, there will be extensive reviews of both Bills. These reviews will not only concentrate on the interests of the Fijians. They will also take into account the interests of the entire population.


IMPORTANCE OF GCC

Questions have been asked about why I decided to consult the GCC in all these matters. I say, with respect, that those asking these questions do not have a full appreciation of the legal and political significance of this Council in our affairs.
There is, of course, a specific requirement in the Fijian Affairs Act for legislation directly affecting the Fijians to be referred to the GCC.
But as all communities have acknowledged, the GCC has assumed a position of higher national importance. It is recognised as a fount of chiefly wisdom and authority.
Both the former Leader of the Opposition, Mr Jai Ram Reddy, and Mr Chaudhry, as Prime Minister, have appeared before you. They accepted, on behalf of their communities, the Council’s importance in building long-term peace, security and prosperity.

I come to you in accordance with the law and out of respect for your chiefly authority. I do not wish to pass to you a problem the Government must solve.

I do feel duty-bound, however, to share my thinking with you. At one level, the current crisis is between a Government and an institution of the State. But when we look deeply into it, we see that this concerns the relationship between a Fijian-led Government and a Fijian-led Army.

It is about us, koi keda saka na i Taukei kei Viti kei Rotuma. The GCC is the paramount council of the Fijian and Rotuman communities. I request you to give your blessings, to the Commander and to me, as we find our way to the path of peace and reconciliation for all.

May God bless this Council and may God Bless Fiji.


-End-

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