DOCSLIB.ORG

Fiji in Transition: Towards a Sustainable Constitutional Democracy

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Fiji in Transition: Towards a Sustainable Constitutional Democracy Fiji in Transition: Towards a Sustainable Constitutional Democracy Fiji in Transition: Towards a Sustainable Constitutional Democracy | A B | Fiji in Transition: Towards a Sustainable Constitutional Democracy Fiji in Transition: Towards a Sustainable Constitutional Democracy Fiji in Transition: Towards a Sustainable Constitutional Democracy | i !e Citizens’ Constitutional Forum would like to acknowledge the contributions of the authors, peer reviewers and editors of this book, as follows: Transitional Processes in the 2013 Constitution Author: Elly Patira Peer Reviewed by: Joni Madraiwiwi Separation of Powers in the 2013 Constitution Author: Coel Kirkby Peer Reviewed by: Joni Madraiwiwi !e Bill of Rights in the 2013 Constitution Author: Coel Kirkby Peer Reviewed by: Kenneth Chambers Understanding the 2013 Constitution: A Perceptions Survey Author: Vanisha Mishra-Vakaoti & Patrick Vakaoti Constitution Monitoring Report: September 2013-September 2014 Author: Romitesh Kant Peer Reviewed by: Joni Madraiwiwi All of the above edited for style and content by: !e Board and Management of CCF, Sandra Fong, Raijeli Tuivaga, Bhavana Dhanasar, Bronwyn Tilbury, Nicolas Tillon & Seona Smiles. !e information provided here is for research purposes regarding the implementation of the Constitution of the Republic of Fiji 2013 and related decrees. !ese research papers should be seen as being consistent with the following objectives to (i) provide technical information on Constitutional issues and (ii) to conduct research relevant to the practical application of the Constitution in the context of Fiji’s transition to democracy. !e views and opinions expressed in these papers do not re"ect the views or policies of the CCF, nor does CCF make any representation concerning the information provided. !is project was supported by Conciliation Resources which is an independent organisation working with people in con"ict to prevent violence and build peace. We’re there for as long as we’re needed to provide advice, support and practical resources. In addition, we take what we learn to government decision-makers and others working to end con"ict, to improve peacebuilding policies and practice worldwide. ©2014, Citizens’ Constitutional Forum, all rights reserved ii | Fiji in Transition: Towards a Sustainable Constitutional Democracy CONTENTS Acknowledgements .................................................................................................... 1 Foreword ........................................................................................................................... 3 Transitional Processes in the 2013 Constitution ....................................... 7 Executive Summary ................................................................................................................. 8 Introduction – Constitutions & Transitional Processes ............................................................ 9 A Short History of Transitional Provisions ............................................................................... 9 1990 Constitution .......................................................................................................... 10 1997 Constitution .......................................................................................................... 10 International Best Practice & !e 2013 Constitution ............................................................ 11 Principles of a Constitution-Making Process ................................................................... 11 Transitional Arrangements .............................................................................................. 12 Role of the Military ......................................................................................................... 15 Immunities ..................................................................................................................... 17 Other Substantive Constitutional Issues .......................................................................... 19 Looking to the Future – !e Role of the Parliament in Democratic Consolidation in Fiji ..... 21 Constitutional Implementation ....................................................................................... 21 Legislative Reform ........................................................................................................... 22 Asserting Control of the Military .................................................................................... 22 Strengthening Executive Accountability to Parliament .................................................... 23 Conclusion ............................................................................................................................ 23 Separation of Powers in the 2013 Constitution ........................................ 25 Executive Summary ............................................................................................................... 26 A Short History of Separation of Powers in Fiji ..................................................................... 27 British Rule ..................................................................................................................... 27 1987 Coups .................................................................................................................... 27 2000 Coup...................................................................................................................... 27 2006 Coup...................................................................................................................... 28 2014 Elections ................................................................................................................ 29 !e Separation of Powers....................................................................................................... 30 Legislature – Making the Laws ........................................................................................ 31 Executive checks .................................................................................................. 32 Judicial checks ...................................................................................................... 32 Other checks ........................................................................................................ 32 Executive – Implementing the Laws ................................................................................ 32 Legislative checks ................................................................................................. 34 Judicial checks ...................................................................................................... 34 Other checks ........................................................................................................ 35 Fiji in Transition: Towards a Sustainable Constitutional Democracy | iii Judiciary – Judging the Laws ................................................................................................. 36 Legislative checks ................................................................................................. 37 Executive checks .................................................................................................. 38 Other checks ........................................................................................................ 39 The Bill of Rights in the 2013 Constitution .................................................. 41 Executive Summary ............................................................................................................... 42 !e History of Rights in Fiji .................................................................................................. 43 1970 Constitution .......................................................................................................... 43 1990 Constitution .......................................................................................................... 43 1997 Constitution .......................................................................................................... 44 2012 Ghai Draft Constitution ........................................................................................ 45 2013 Constitution .......................................................................................................... 46 Human Rights and the 2013 Fijian Constitution .................................................................. 46 Fiji’s Bill of Rights in Comparative Perspective ................................................................ 46 Individual versus Communal Rights ............................................................................... 47 !e Separation of Powers ................................................................................................ 47 Human Rights & Anti-Discrimination Commission ....................................................... 48 Understanding the Bill of Rights ........................................................................................... 49 Who has rights?............................................................................................................... 49 Who do you have rights against? ..................................................................................... 50 What are your rights? ...................................................................................................... 50 Who can protect your rights? .........................................................................................
Load more

Recommended publications
  • 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.
    [Show full text]
  • 2016 Country Review
    Fiji 2016 Country Review http://www.countrywatch.com Table of Contents Chapter 1 1 Country Overview 1 Country Overview 2 Key Data 4 Fiji 5 Pacific Islands 6 Chapter 2 8 Political Overview 8 History 9 Political Conditions 10 Political Risk Index 42 Political Stability 57 Freedom Rankings 72 Human Rights 84 Government Functions 87 Government Structure 92 Principal Government Officials 100 Leader Biography 101 Leader Biography 101 Foreign Relations 104 National Security 109 Defense Forces 111 Chapter 3 114 Economic Overview 114 Economic Overview 115 Nominal GDP and Components 117 Population and GDP Per Capita 118 Real GDP and Inflation 119 Government Spending and Taxation 120 Money Supply, Interest Rates and Unemployment 121 Foreign Trade and the Exchange Rate 122 Data in US Dollars 123 Energy Consumption and Production Standard Units 124 Energy Consumption and Production QUADS 125 World Energy Price Summary 126 CO2 Emissions 127 Agriculture Consumption and Production 128 World Agriculture Pricing Summary 130 Metals Consumption and Production 131 World Metals Pricing Summary 133 Economic Performance Index 134 Chapter 4 146 Investment Overview 146 Foreign Investment Climate 147 Foreign Investment Index 151 Corruption Perceptions Index 164 Competitiveness Ranking 175 Taxation 184 Stock Market 184 Partner Links 185 Chapter 5 186 Social Overview 186 People 187 Human Development Index 188 Life Satisfaction Index 192 Happy Planet Index 203 Status of Women 213 Global Gender Gap Index 215 Culture and Arts 225 Etiquette 227 Travel Information 228 Diseases/Health Data 237 Chapter 6 243 Environmental Overview 243 Environmental Issues 244 Environmental Policy 252 Greenhouse Gas Ranking 253 Global Environmental Snapshot 264 Global Environmental Concepts 275 International Environmental Agreements and Associations 289 Appendices 314 Bibliography 315 Fiji Chapter 1 Country Overview Fiji Review 2016 Page 1 of 327 pages Fiji Country Overview FIJI Fiji became independent in 1970 after nearly a century as a British colony.
    [Show full text]
  • Governance in Fiji: the Interplay Between Indigenous Tradition, Culture and Politics
    Tradition, Culture and Politics 15. Keynote Address — Governance in Fiji: The interplay between indigenous tradition, culture and politics Ratu Joni Madraiwiwi Commentators and observers alike have long decried the ethnic nature of politics in Fiji. It is seen as an obstacle to the creation of a more unified and cohesive society. Those concerns are well taken, however, the forces of history cast a long shadow over the present. For indigenous Fijians there is a constant struggle between embracing other communities and maintaining a distinct and separate identity. There is ambivalence about compromise. It is feared something is indelibly lost in that process. Fijian unity as an ideal is extolled and valued because it is perceived as the only way Fijians believe they can protect their `Fijianness'. The reality is far more complex. But it provides a reassuring sanctuary against the challenges they face both individually and collectively. British colonial rule in 1874 created the legacy we have today. The first Governor, Sir Arthur Gordon, established the Fijian Administration. It introduced a separate system of indirect rule by the British through the Fijian chiefs over their Fijian subjects. Having served as Governor of Mauritius, Gordon had no qualms about importing Indian indentured labour to plant cane for sugar production in order to finance the running of the nascent colony. The first labourers arrived in 1879 and the scheme continued until 1916, when it was ended, owing to widespread protests by Mohandas Gandhi among others. The separation of Fijians from other ethnic communities was maintained until the abolition of the Native Regulations in 1967.
    [Show full text]
  • Gender Violence & Human Rights: Seeking Justice in Fiji, Papua New
    Gender Violence & HUMAN RIGHTS SEEKING JUSTICE IN FIJI, PAPUA NEW GUINEA & VANUATU Gender Violence & HUMAN RIGHTS SEEKING JUSTICE IN FIJI, PAPUA NEW GUINEA & VANUATU Edited by Aletta Biersack, Margaret Jolly & Martha Macintyre Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at press.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Gender violence and human rights : seeking justice in Fiji, Papua New Guinea and Vanuatu / editors : Aletta Biersack, Margaret Jolly, Martha Macintyre. ISBN: 9781760460709 (paperback) 9781760460716 (ebook) Subjects: Sex discrimination against women--Fiji. Sex discrimination against women--Papua New Guinea. Sex discrimination against women--Vanuatu. Women’s rights--Fiji. Women’s rights--Papua New Guinea. Women’s rights--Vanuatu. Other Creators/Contributors: Biersack, Aletta, editor. Jolly, Margaret 1949- editor. Macintyre, Martha, editor. Dewey Number: 305.420995 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 and layout by ANU Press. The editors thank Mitiana Arbon for his help with the cover and Martha Macintyre for use of her photograph ‘Woman in Kavieng market, wearing a T-shirt promoting human rights, Papua New Guinea’, for the cover. This edition © 2016 ANU Press Contents List of Maps and Figures . vii Acknowledgements . ix Abbreviations and Acronyms . xi Introduction: Gender Violence and Human Rights in the Western Pacific . 1 Aletta Biersack and Martha Macintyre 1 . Villages, Violence and Atonement in Fiji .
    [Show full text]
  • 5. Fragments from a Fiji Coup Diary
    DIVERSITY, IDENTITY AND THE MEDIA 5. Fragments from a Fiji coup diary ABSTRACT Fiji has endured four coups in the past 22 years. On 10 April 2009, President Ratu Josefa Iloilo suspended the Constitution, sacked the judi- ciary, postponed any general election until 2014 and appointed himself as head of state. He reinstated 2006 coup leader Commodore Voreqe Bainimarama as interim Prime Minister, who in turn reappointed his cabi- net in defiance of international condemnation. A censorship crackdown on the media and civil society followed. The author is a media educator and journalist who worked for a total of 11 years at the University of the South Pacific, including experiencing both the 2000 and the 2006 coups. He later returned to Fiji as social media educator for the National Council for Building a Better Fiji (NCBBF). The Council was critical of the media during the period it developed a draft of the People’s Charter. It recom- mended changes to the law to establish a Media Tribunal, which was also planned to encourage qualified local personnel for editorial, subeditorial and publisher positions; provide a wide diversity of local programmes for television media and develop community radio and community television through a media tax. While the People’s Charter was seen as a neces- sary and constructive contribution to the future of Fiji, the leadership of Bainimarama was questioned after the repeal of the constitution. This arti- cle, opening with the author’s open letter to Bainimarama after the Easter putsch, offers reflections from a coup diary. PATRICK CRADDOCK Media educator, New Zealand AN open letter to the interim regime leader of the Republic of Fiji: ear Commodore Voreqe Bainimarama, So—only good news can be reported.
    [Show full text]
  • Gender Violence & HUMAN RIGHTS SEEKING JUSTICE in FIJI, PAPUA NEW GUINEA & VANUATU
    Gender Violence & HUMAN RIGHTS SEEKING JUSTICE IN FIJI, PAPUA NEW GUINEA & VANUATU Gender Violence & HUMAN RIGHTS SEEKING JUSTICE IN FIJI, PAPUA NEW GUINEA & VANUATU Edited by Aletta Biersack, Margaret Jolly & Martha Macintyre Published by ANU Press The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at press.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Gender violence and human rights : seeking justice in Fiji, Papua New Guinea and Vanuatu / editors : Aletta Biersack, Margaret Jolly, Martha Macintyre. ISBN: 9781760460709 (paperback) 9781760460716 (ebook) Subjects: Sex discrimination against women--Fiji. Sex discrimination against women--Papua New Guinea. Sex discrimination against women--Vanuatu. Women’s rights--Fiji. Women’s rights--Papua New Guinea. Women’s rights--Vanuatu. Other Creators/Contributors: Biersack, Aletta, editor. Jolly, Margaret 1949- editor. Macintyre, Martha, editor. Dewey Number: 305.420995 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 and layout by ANU Press. The editors thank Mitiana Arbon for his help with the cover and Martha Macintyre for use of her photograph ‘Woman in Kavieng market, wearing a T-shirt promoting human rights, Papua New Guinea’, for the cover. This edition © 2016 ANU Press Contents List of Maps and Figures . vii Acknowledgements . ix Abbreviations and Acronyms . xi Introduction: Gender Violence and Human Rights in the Western Pacific . 1 Aletta Biersack and Martha Macintyre 1 . Villages, Violence and Atonement in Fiji .
    [Show full text]
  • Fijian Colonial Experience: a Study of the Neotraditional Order Under British Colonial Rule Prior to World War II, by Timothy J
    Chapter 4 The new of The more able Fij ian chiefs did not need to fetch up the glory of their ancestors to maintain leadership of their people: they exploited a variety of opportunities open to them within the Fij ian Administration. Ultimately colonial rule itself rested on the loyalty chosen chiefs could still command from their people, and day-to-day village governance, it has been seen, totally depended on them. Far from degenerating into a decadent elite, these chiefs devised a mode of leadership that was neither traditional, for it needed appointment from the Crown, nor purely administrative. Its material rewards came from salary and fringe benefits; its larger satisfactions from the extent to which the peopl e rallied to their leadership and voluntarily participated in the great celebrations of Fijian life , the traditional-type festivals of dance, food and ceremony that proclaimed to all: the people and the chief and the land are one . 'Government-work' had its place, but for chiefs and people there were always 'higher' preoccupations growing out of the refined cultural legacy of the past (albeit the attenuated past) which gave them all that was still distinctively Fij ian in their threatened way of life. This chapter will illuminate the ambiguous mix of constraint and opportunity for chiefly leadership in the colonial context as exercised prior to World War II by some powerful personalities from different status levels in the neotraditional order. Thurston's enthusiastic tax gatherer, Ratu Joni Madraiwiwi , was perhaps the most able of them , and in his happier days was generally esteemed as one of the finest of 'the old school' of chiefs .
    [Show full text]
  • Research Commons at The
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Research Commons@Waikato http://waikato.researchgateway.ac.nz/ Research Commons at the University of Waikato Copyright Statement: The digital copy of this thesis is protected by the Copyright Act 1994 (New Zealand). The thesis may be consulted by you, provided you comply with the provisions of the Act and the following conditions of use: Any use you make of these documents or images must be for research or private study purposes only, and you may not make them available to any other person. Authors control the copyright of their thesis. You will recognise the author’s right to be identified as the author of the thesis, and due acknowledgement will be made to the author where appropriate. You will obtain the author’s permission before publishing any material from the thesis. An Elusive Dream: Multiracial Harmony in Fiji 1970 - 2000 A thesis submitted to the University of Waikato for the degree of Master of Philosophy, January, 2007. by Padmini Gaunder Abstract The common perception of Fiji, which is unique in the South Pacific, is that of an ethnically divided society with the indigenous and immigrant communities often at loggerheads. This perception was heightened by the military coups of 1987, which overthrew the democratically elected government of Dr. Timoci Bavadra because it was perceived as Indian-dominated. Again in 2000, the People’s Coalition Government headed by an Indian, Mahendra Chaudhry, was ousted in a civilian coup. Yet Fiji had been genuinely multiethnic for several decades (even centuries) before it became a colony in 1874.
    [Show full text]
  • 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.
    [Show full text]
  • Before the Storm: an Analysis of the Fiji General Election of 1987
    BEFORE THE STORM: AN ANALYSIS OF THE FIJI GENERAL ELECTION OF 1987 Brij V. Lal University of Hawaii at Manoa On 7 April 1987, the people of Fiji went to the polls for the fifth time since attaining independence from Great Britain in 1970. After a long three-month campaign and a week’s polling, the newly formed Fiji Labour Party-National Federation Party Coalition won a convincing and historic victory over the long-reigning Alliance party, capturing twenty-eight of the fifty-two seats in the Fiji Parliament. Dr. Timoci Bavadra, the new prime minister, assumed power with quiet dignity but unmistakable firmness, and quickly set in motion a government intent on delivering early on its various election pledges. Bitterly disap- pointed with the unexpected results of the election, Ratu Sir Kamisese Mara, the defeated Alliance leader, conceded defeat in a terse statement and urged his party to accept the verdict of the ballot box. This surpris- ingly smooth, textbook transfer of power led Sir Leonard Usher, the doyen of local journalists, to write, with premature optimism as it turned out, “It had been a long--too long--campaign, and at times some unpleasant elements of bitterness had crept in. These were now set aside. Democracy, clearly, was well and alive in Fiji.”1 The 1987 election results both reaffirmed the dominant trends in Fiji’s ethnically-based electoral politics and heralded the faint begin- nings of a new era that promised to break away from it. In the circum- stances, it was change and the promise--as well as the fear--of further divergence from the established patterns of political behavior that Pacific Studies, Vol.
    [Show full text]
  • In the Court of Appeal, Fiji Islands at Suva
    IN THE COURT OF APPEAL, FIJI ISLANDS AT SUVA APPELLATE JURISDICTION CIVIL APPEAL NO. ABU0077 OF 2008S [On an Appeal from the High Court, Suva in Civil Actions No. HBC 60 and HBC 398 of 2007] BETWEEN : LAISENIA QARASE of Suva, Politician RATU NAIQAMA LALABALAVU of Suva, Politician RO TEIMUMU KEPA of Lomanikoro Village, Rewa, Politician RATU SULIANO MATANITOBUA of Suva, Politician JOSEVA VOSANIBOLA of Suva, Politician APPELLANTS (Original Plaintiffs) AND : JOSAIA VOREQE BAINIMARAMA Commander of the Republic of Fiji Military Forces of Queen Elizabeth Barracks, Delainabua, Suva. FIRST RESPONDENT (Original First Defendant) AND : THE REPUBLIC OF FIJI MILITARY FORCES SECOND RESPONDENT (Original Second Defendant) AND : THE STATE OF THE REPUBLIC OF THE FIJI ISLANDS THIRD RESPONDENT (Original Third Defendant) AND : THE ATTORNEY - GENERAL of the Interim Regime FOURTH RESPONDENT (Original Fourth Respondent) AND : FIJI HUMAN RIGHTS COMMISSION FIRST AMICUS CURIAE AND : CITIZENS’ CONSTITUTIONAL FORUM LIMITED SECOND AMICUS CURIAE Coram: Randall Powell, JA Ian Lloyd, JA Francis Douglas, JA Hearing: Monday, 6th April 2009, Suva Tuesday, 7th April 2009, Suva Wednesday, 8th April 2009, Suva Counsel: Bret Walker SC ] Rachel Pepper ] for the Appellants Tevita Fa ] Richard Gordon QC ] Gerard McCoy QC ] Christopher Pryde, ] Kerry Cook ] for the Respondents Dr Shaista Shameem ] for the Fiji Human Rights Wilfred Golman ] Commission Sonanatabua Colovanua ] Dr Melissa Perry QC ] Nicola McGarrity ] for the Citizens Constitutional ] Forum Limited Date of Judgment: Thursday, 9th April 2009, Suva JUDGMENT OF THE COURT The Parties and these Proceedings 1. On 17 March 2006 Ratu Josefa Iloilovatu Uluivuda (“President Uluivuda”) was re- appointed by the Great Council of Chiefs for a further 5 years as President of the Republic of the Fiji Islands (“Fiji”).
    [Show full text]
  • State Society and Governance in Melanesia
    THE AUSTRALIAN NATIONAL UNIVERSITY School of International, Political and Strategic Studies State, Society and Governance in Melanesia State Society and in Governance Melanesia DISCUSSION PAPER Discussion Paper 2011/6 STIFLING OPPOSITION: AN ANALYSIS OF THE APPROACH OF THE FIJI GOVERNMENT AFTER THE 2006 COUP mosmi bhiM INTROdUCTION A day after the military takeover of the and the winning over of specific indigenous Fiji government on 5 December 2006, communities by the provision of infrastructure Commodore Bainimarama proclaimed a projects have strengthened this position. nationwide state of emergency that gave All of these actions, combined with a wide-ranging powers to the military to enforce strategy of sidelining any political or military the new regime’s agenda. These repressive leader capable of replacing Bainimarama powers were entrenched in the Public as PM or military commander, suggest that Emergency Regulations (PER) imposed after the post-April 2009 authoritarian military the 10 April 2009 abrogation of the 1997 regime has become what Geddes terms a Constitution. Early promises of elections by ‘personalist’ regime, (in contrast to military 2009 were not kept; instead, successive or single-party regimes) even if this was not decrees were promulgated to restrict human an original aim of the coup. In personalist rights, suppress freedom of expression and clip the wings of the judiciary and indigenous regimes ‘access to office and the fruits of Fijian institutions. They were aimed at stifling office depends much more on the discretion the capacity and will of the people to demand of an individual leader’ (Geddes 1999:121). a return to democracy, and at entrenching But, despite the high levels of repression, the position of Bainimarama’s unelected the fragility of Fiji’s economy poses a threat government.1 to the current government, adding to the The allocation of key government min- threat imposed by those few still voicing istries and departments to military officers, opposition.
    [Show full text]