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8. 'Stifled Aspirations'
POLITICAL JOURNALISM IN THE ASIA-PACIFIC FIJI 8. ‘Stifled aspirations’ The 2014 General Election under restrictive laws Abstract: On 17 September 2014, eight years after the 5 December 2006 coup, Fiji held a General Election under repressive laws curtailing freedom of expression and the media, government accountability and the judiciary. A notable number of 248 candidates aspired for the 50 parliamentary seats under the 2013 Constitution and an Electoral Decree released a few months prior to elections. In an atmosphere of lavish campaign advertisements on billboards, public transport vehicles and the print and television news media by the post-coup Prime Minister Voreqe Bainimarama’s political party FijiFirst, recently activated political parties struggled to have their voices heard. Two daily media companies—the Fiji Broadcasting Corporation and the Fiji Sun—displayed bias towards the FijiFirst party by providing them with excessive and preferential coverage and portraying other parties in a negative light; other media organisations attempted to give fairer coverage. The debate heated up amid crackdowns by police on ‘trouble-makers’ vandalising FijiFirst posters. The country headed for the polls as celebrations marked the release of 45 Fijian soldiers held hostage by Al-Nusra in the Golan Heights. Amid complaints by five political parties, the election was declared ‘free and fair’ by the Electoral Commission. This article, through analysis of media materials, campaigning, polling and results calculations, contends that the elections only satisfied part of the international criteria for ‘free and fair elections’. Keywords: accountability, censorship, elections, Fiji, freedom of expression, freedom of information, media freedom MOSMI BHIM Fiji National University IJI was ruled by decree by an unelected government for eight years after the 5 December 2006 coup. -
State Societyand Governancein Melanesia
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The Australian National University Research School of Pacific and Asian Studies State, Society and Governance in Melanesia StateSociety and in Governance Melanesia DISCUSSION PAPER Discussion Paper 2008/10 COURTS AND COUPS IN FIJI: THE 2008 HIGH COURT JUDGMENT IN QARASE V BAINIMARAMA INTRODUCTION not provided for in the constitution, and that GEORGE ‘exceptional circumstances existed’ because WILLIAMS On 21st October 2008, the State, Society ‘the stability of the State was endangered’. & Governance in Melanesia Program held a The decision effectively legitimised the interim GRAHAM workshop entitled Courts and Coups; Fiji’s government that had emerged in the wake of LEUNG October 2008 High Court Judgment in the Fiji’s December 5 2006 military coup. Qarase v Bainimarama Case. This brought together George Williams, the Anthony In the first of the four papers included ANTHONY J. Mason Professor in the Faculty of Law at here, Professor George Williams, who REGAN the University of New South Wales, Graham served as Counsel in the 2001 Chandrika Leung, the Managing Partner of Howards Prasad case - which ruled the government JON Lawyers in Suva, as well as Anthony Regan that arose after Fiji’s 2000 coup to be illegal FRAENKEL and Jon Fraenkel from the State, Society - discusses the precedents set by that earlier & Governance in Melanesia Program at case, and how these were dealt with by the ANU. The meeting was chaired by Duncan Fiji judges in 2008. In the second paper, Kerr, Australia’s Parliamentary Secretary for Graham Leung, a lawyer who practises in Fiji Pacific Affairs. -
1 EXPLANATORY NOTE This Is the Report of the Commonwealth
EXPLANATORY NOTE This is the Report of the Commonwealth Observer Group which was present for the General Election in Fiji Islands, held from 6 to 13 May 2006. The Group’s report is reproduced here in the form in which it was signed by the Observers prior to their departure from Suva on 21 May 2006. It was transmitted to the Commonwealth Secretary- General on Friday 2 June 2006. During the following week he sent it to the Prime Minister of Fiji Islands, the Chairman of the Electoral Commission, the Supervisor of Elections, the leaders of the main political parties and Commonwealth governments. It was placed on this web-site and released to the media on Monday 12 June 2006. Printed copies are available from: Democracy Section Political Affairs Division Commonwealth Secretariat Pall Mall London SW1Y 5HX United Kingdom Tel: +44 207 747 6407/6397/6398 Fax: +44 207 930 2189 • Please note that the page numbers shown on the contents page relate to the printed version of the report. Only Annexes II and IV are shown. The others will be added at a later date. 1 Fiji Islands General Election 6-13 May 2006 REPORT OF THE COMMONWEALTH OBSERVER GROUP 2 CONTENTS Page Letter of Transmittal CHAPTER ONE - INTRODUCTION 1 Invitation 1 Terms of Reference 1 Activities of the Group 2 CHAPTER TWO – POLITICAL BACKGROUND 4 Brief Historical Background 4 Political Overview 4 The Development of the 1997 Constitution 5 1999 Elections 6 2000 George Speight Coup 6 Commonwealth Engagement 7 2001 Election and Section 99 (5) of the Constitution 7 Talanoa Process 8 CMAG Meeting -
Supreme Court 3 R- ( , CHAPTER 13 SUPREME COURT
Cap. 13 Ed. 1978 Supreme Court 3 r- ( , CHAPTER 13 SUPREME COURT ARRANGEMENT OF SECTIONS PART I-PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Name of Court and general jurisdiction. 4. Seal of Court. PART II-CONSTITUTION OF THE COURT 5. Constitution of Court. 6. Powers of judges. 7. Precedence of judges. PART III-OFFICERS OF THE COURT 8. Officers. 9. Duties of Chief Registrar. 10. When Chief Registrar unable to perform his duties. 11. Magistrate to act as Chief Registrar in certain cases. 12. Powers of Deputy Registrar or District Registrar. PART IV-FUNDS IN COURT 13. Funds in Court. 14. Moneys to be held in trust. 15. Liability of Consolidated Fund. 16. Rules. PART V-SHERIFF AND ADMIRALTY MARSHAL 17. Appointment and duties of Sheriff and Admiralty Marshal. PART VI-JURISDICTION 18. Court to have jurisdiction of High Court of Justice in England. 19. In probate, divorce and matrimonial causes. 20. Power to appoint guardians and committees. 21. Admiralty jurisdiction of Court. 4 Supreme Court Cap. 13 Ed. 1978 PART VII-IMPERIAL LAWS 22. What imperial laws to be in force. 23. Practice. 24. Imperial laws to be subject to Fiji jurisdiction and Acts. PART VIII-RULES 25. Power to make rules. PART IX-MISCELLANEOUS ""') 26. Sittings of the Court. 27. Delivery of judgments and orders. 28. Vacations. 29. Expenses of witnesses in civil proceedings. 30. Expenses of witnesses in criminal proceedings. 31. Mode of trial in civil causes. 32. Power to impose charge on land of judgment debtors. SUPREME COURT Ordinances Nos. 14 of 1875,9 of 1883,7 of 1893,9 of 1899,1 of 1904,8 of 1904,7 of 1909,7 of 1910, 13 of 1916, 5 of 1920, 4 of 1924, 19 of 1929,5 of 1930, 32 0[1930, 19 of1931 , 290f1932, 23 of 1937,3 of 1940,30 of 1940,21 of 1944,2 of 1945,3 of 1945, 19 of 1951,44 of 1960, 8 of 1961,37 of 1961, 23 of 1965, 35 of 1965, 27 of 1966, Order, 31st Jan., 1967, 7th Oct., 1970. -
History of Inter-Group Conflict and Violence in Modern Fiji
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Sydney eScholarship History of Inter-Group Conflict and Violence in Modern Fiji SANJAY RAMESH MA (RESEARCH) CENTRE FOR PEACE AND CONFLICT STUDIES UNIVERSITY OF SYDNEY 2010 Abstract The thesis analyses inter-group conflict in Fiji within the framework of inter-group theory, popularised by Gordon Allport, who argued that inter-group conflict arises out of inter-group prejudice, which is historically constructed and sustained by dominant groups. Furthermore, Allport hypothesised that there are three attributes of violence: structural and institutional violence in the form of discrimination, organised violence and extropunitive violence in the form of in-group solidarity. Using history as a method, I analyse the history of inter-group conflict in Fiji from 1960 to 2006. I argue that inter- group conflict in Fiji led to the institutionalisation of discrimination against Indo-Fijians in 1987 and this escalated into organised violence in 2000. Inter-group tensions peaked in Fiji during the 2006 general elections as ethnic groups rallied behind their own communal constituencies as a show of in-group solidarity and produced an electoral outcome that made multiparty governance stipulated by the multiracial 1997 Constitution impossible. Using Allport’s recommendations on mitigating inter-group conflict in divided communities, the thesis proposes a three-pronged approach to inter-group conciliation in Fiji, based on implementing national identity, truth and reconciliation and legislative reforms. ACKNOWLEDGMENTS This thesis is dedicated to the Indo-Fijians in rural Fiji who suffered physical violence in the aftermath of the May 2000 nationalist coup. -
The Case That Stopped the Coup? the Rule of Law in Fiji
1 THE CASE THAT STOPPED A COUP? THE RULE OF LAW IN FIJI George Williams Anthony Mason Professor and Director Gilbert + Tobin Centre of Public Law Faculty of Law University of New South Wales THIS IS A TRANSCRIPT OF THE 2003 QUENTIN-BAXTER MEMORIAL TRUST LECTURE DELIVERED AT THE LAW SCHOOL OF VICTORIA UNIVERSITY OF WELLINGTON ON 27 NOVEMBER 2003. 2 I INTRODUCTION∗ I appreciate the privilege of addressing you today. As a scholar at Victoria University of Wellington, Professor Quentin-Baxter recognised something that is only becoming fully apparent today. That is the idea, reflected in his own academic work and public service, that it is not only possible, but necessary to bridge the divide that is often imagined between the fields of international and constitutional law. I am also delighted to be giving this lecture because it deals with a subject to which Mrs Alison Quentin- Baxter, as a constitutional and international lawyer, has made a distinguished contribution. That subject is the development of legal institutions and the strengthening of the rule of law in the Pacific. Mrs Quentin-Baxter was Counsel assisting the Fiji Constitution Review Committee that was instrumental in drafting Fiji’s multi-racial 1997 Constitution.1 My lecture today concerns that Constitution and the events that overtook it. On 29 May 2000, the Commander of the Fiji Military Forces issued a decree abrogating the 1997 Fijian Constitution. Nine months later on 1 March 2001, the Court of Appeal of Fiji held in Republic of Fiji v Prasad2 that the 1997 Constitution remains in force as the supreme law of Fiji. -
Passage of Change
PASSAGE OF CHANGE PASSAGE OF CHANGE LAW, SOCIETY AND GOVERNANCE IN THE PACIFIC edited by Anita Jowitt and Dr Tess Newton Cain Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/passage_change _citation.html National Library of Australia Cataloguing-in-Publication Entry Title: Passage of change : law, society and governance in the Pacific / edited by Anita Jowitt and Tess Newton Cain. ISBN: 9781921666889 (pbk.) 9781921666896 (eBook) Notes: Includes bibliographical references. Subjects: Jurisprudence--Pacific Area. Customary law--Pacific Area. Pacific Area--Politics and government. Pacific Area--Social conditions. Other Authors/Contributors: Jowitt, Anita. Cain, Tess Newton. Dewey Number: 340.5295 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by Emily Brissenden Printed by Griffin Press This edition © 2010 ANU E Press First edition © 2003 Pandanus Books CONTENTS Acknowledgments vii Table of Abbreviations viii Table of Cases x Table of International Conventions xiii Table of Legislation xiv Notes on Contributors xvii INTRODUCTION Anita Jowitt and Tess Newton-Cain 1 SECTION 1: THE CONTEXT OF CHANGE 1. Modernisation and Development in the South Pacific Vijay Naidu 7 SECTION 2: CORRUPTION 2. Corruption Robert Hughes 35 3. Governance, Legitimacy and the Rule of Law in the South Pacific Graham Hassall 51 4. The Vanuatu Ombudsman Edward R. Hill 71 SECTION 3: CUSTOMARY LAW 5. -
Laws of Fiji
LAWS OF FIJI CHAPTER 13 SUPREME COURT Cap. 13 Ed. 1978 Supreme Court CHAPTER 13 SUPREME COURT ARRANGEMENT OF SECTIONS PART I-PRELIMINARY SECTION 1. Short title. 2. Interpretation. 3. Name of Court and general jurisdiction. 4. Seal of Court. PART 11-CONSTITUTION OF THE COURT 5. Constitution of Court. 6. Powers of judges. 7. Precedence of judges. PART III-OFFICERS OF THE COURT 8. Officers. 9. Duties of Chief Registrar. 10. When Chief Registrar unable to perform his duties. 11. Magistrate to act as Chief Registrar in certain cases. 12. Powers of Deputy Registrar or District Registrar. PART IV-FUNDS IN COURT 13. Funds in Court. 14. Moneys to be held in trust. 15. Liability of Consolidated Fund. 16. Rules. PART V-SHERIFF AND ADMIRALTY MARSHAL 17. Appointment and duties of Sheriff and Admiralty Marshal. PART VI-JURISDICTION 18. Court to have jurisdiction of High Court of Justice in Englar 19. In probate, divorce and matrimonial causes. 20. Power to appoint guardians and committees. 21. Admiralty jurisdiction of Court. 4 Supreme Court Cap. 13 Ed. 19T~ PART VII-IMPERIAL LAWS 22. What imperial laws to be in force. 23. Practice. 24. Imperial laws to be subject to Fiji jurisdiction and Acts. PART VIII-RULES 25. Power to make rules. PART IX-MISCELLANEOUS 26. Sittings of the Court. 27. Delivery of judgments and orders. 28. Vacations. 29. Expenses of witnesses in civil proceedings. 30. Expenses of witnesses in criminal proceedings. 31. Mode of trial in civil causes. 32. Power to impose charge on land of judgment debtors. SUPREME COURT Ordinances Nos. -
Elections and Politics in Fiji
i ii iii Co-Published by ANU E Press and Asia Pacific Press The Australian National Unversity Canberra ACT 0200 Email: [email protected] Website: http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Lal, Brij V. Islands of turmoil : elections and politics in Fiji. Bibliography. Includes index. ISBN 0 7315 3751 3 ISBN 1 920942 75 0 (Online document) 1. Fiji - Politics and government. 2. Fiji - Social conditions. 3. Fiji - Economic conditions. I. Title. 996.11 This work is copyright. Apart from those uses which may be permitted under the Copyright Act 1968 as amended, no part may be reproduced by any process without written permission from the publishers. The views expressed in this book are those of the author and not necessarily of the publishers. Editor: Bridget Maidment Publisher: Asia Pacific Press and ANU E Press Design: Annie Di Nallo Design Printers: University Printing Service, The Australian National University Cover photo, Nukulau Prison, is copyright and used with permission (www.fijilive.com). Author photo by Darren Boyd, Coombs Photography. First edition © 2006 ANU E Press and Asia Pacific Press For the people of the Fiji Islands There is a dawn at the end of the darkest night v Contents Abbreviations vii Preface viii 1. The road to independence 1 2. Continuity and change 24 3. Things fall apart 49 4. Back from the abyss 77 5. Rabuka’s republic 100 6. Charting a new course 126 7. A time to change 155 8. George Speight’s coup 185 9. In George Speight’s shadow 206 10. -
Labour Mobility in the Pacific: Creating Seasonal Work Programs in Australia by Nic Maclellan and Peter Mares
Labour mobility in the Pacific: creating seasonal work programs in Australia by Nic Maclellan and Peter Mares Paper for conference on “Globalisation, Governance and the Pacific Islands” State, Society and Governance in Melanesia Project (SSGM) Australian National University, Canberra, 25 - 27 October 2005 1. Introduction 2. Remittances and Pacific Development 2.1 Labour mobility and trade negotiations 2.2 Growing importance of remittances 2.3 Case Study - Iraq 2.4 Social impacts 2.5 Remittances and development 3. Modelling Seasonal Work Schemes in Australia 3.1 Seasonal work and horticulture – Australia and the world 3.2 Canada’s Seasonal Agricultural Workers Program 3.3 Labour mobility from the Pacific 4. Requirements for effective Seasonal Workers Schemes 4.1 Labour rights and working conditions 4.2 Recruitment and government regulation 4.3 Addressing social impacts on families 4.4 Information and community support 4.5 Creating incentives to avoid overstaying 4.6 Government policy to support migrant workers 5. Conclusion – beyond trade and economics Peter Mares and Nic Maclellan work as journalists and are currently research fellows at the Institute for Social Research at Swinburne University in Melbourne, Australia. This paper draws on their ongoing research for the ‘Pacific Labour and Australian Horticulture’ project, funded through the Australian Research Council Industry Linkage scheme. The industry partners on the project are Oxfam / Community Aid Abroad, Swan Hill Rural City Council, and the Sunraysia Mallee Economic Development Board (Mildura). As part of the research for this paper, Peter Mares also travelled to Canada with funding assistance from the Canadian government through its Faculty Research Program. -
Remittances and Labour Mobility in the Pacific a Working Paper on Seasonal Work Programs in Australia for Pacific Islanders
Remittances and Labour Mobility in the Pacific A working paper on seasonal work programs in Australia for Pacific Islanders Nic Maclellan Peter Mares Remittances and Labour Mobility in the Pacific A working paper on seasonal work programs in Australia for Pacific Islanders Nic Maclellan and Peter Mares Pacific Labour and Australian Horticulture Project Institute for Social Research Swinburne University of Technology [email protected] [email protected] Acknowledgements: This working paper is part of the project Pacific Labour and Australian Horticulture, being carried out at the Institute for Social Research (ISR) at Swinburne University of Technology in Melbourne, Australia. The study is funded by an Australian Research Council Linkage Project grant, with industry partners Oxfam Australia and two local government authorities – the Sunraysia Mallee Economic Development Board (Mildura) and the Economic Development Unit of the Swan Hill Rural City Council. The project is investigating the feasibility of a seasonal labour program to employ workers from Pacific Island nations to fill short-term job vacancies in horticulture in the Swan Hill / Mildura region of Victoria during periods of peak labour demand (such as harvests). As well as the research on remittances and labour mobility in the region, the wider study involves surveys of growers and potential employers in Victoria’s Murray Valley, and a detailed study on the Canadian Seasonal Agricultural Workers Program – a long-running program which raises important issues for any such scheme between Australia and its nearest neighbours. This working paper is based on research conducted during field trips to Fiji and Tonga (June 2005), Vanuatu and New Caledonia (September 2005), and interviews with a range of government, church, academic and NGO representatives. -
Fiji Islands
Recommendations to the Commonwealth Ministerial Action Group on the Political and Human Rights Situation in the Fiji Islands Compiled By Mitchell O’Brien Edited By Maja Daruwala S.S. Venkatesh Nayak Commonwealth Human Rights Initiative N-8, 2nd Floor, Green Park New Delhi- 110 016 Tel: 91-11-686 4678/685 9823 Fax: 91-11-686 4688 Email: [email protected] Website: www.humanrightsinitiative.org 2002 2. Fact Finding Mission To The Fiji Islands In addition to CHRI's ongoing programme work, and on invitation from a member of civil society in a Commonwealth country where events have brought into doubt the protection of human rights, CHRI can sponsor a Human Rights Fact Finding Mission to travel to that country to investigate the status of human rights. On invitation from the Citizens' Constitutional Forum (CCF), a Suva based Fijian non-governmental organisation, CHRI sponsored a Human Rights Delegation to travel to the Republic of the Fiji Islands (Fiji) from 27 August – 5 September 2000 on a Fact Finding Mission. It is evident Fijian civil society has been lacking a voice in the dialogue which will determine the future of Fiji. Their lack of input into the debate to date has been exacerbated by the failure of successive international delegations to properly consult with civil society when visiting Fiji in the wake of the 19 May 2000 failed coup. Therefore, the purpose of the Human Rights Delegation travelling to Fiji on a Fact Finding Mission was to consult widely with Fijian civil society, human rights defenders, community groups and the Fijian people to better understand the - • present status of human rights, democracy and the rule of law in Fiji and the extent the coup had led to breaches of fundamental human rights; • best way Fijians believe democratically elected government can return to Fiji and • most suitable process for achieving this end.