Fiji's Tale of Contemporary Misadventure
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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. -
The Case of Fiji
University of Michigan Journal of Law Reform Volume 25 Issues 3&4 1992 Democracy and Respect for Difference: The Case of Fiji Joseph H. Carens University of Toronto Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Comparative and Foreign Law Commons, Cultural Heritage Law Commons, Indian and Aboriginal Law Commons, and the Rule of Law Commons Recommended Citation Joseph H. Carens, Democracy and Respect for Difference: The Case of Fiji, 25 U. MICH. J. L. REFORM 547 (1992). Available at: https://repository.law.umich.edu/mjlr/vol25/iss3/3 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. DEMOCRACY AND RESPECT FOR DIFFERENCE: THE CASE OF FIJI Joseph H. Carens* TABLE OF CONTENTS Introduction ................................. 549 I. A Short History of Fiji ................. .... 554 A. Native Fijians and the Colonial Regime .... 554 B. Fijian Indians .................. ....... 560 C. Group Relations ................ ....... 563 D. Colonial Politics ....................... 564 E. Transition to Independence ........ ....... 567 F. The 1970 Constitution ........... ....... 568 G. The 1987 Election and the Coup .... ....... 572 II. The Morality of Cultural Preservation: The Lessons of Fiji ................. ....... 574 III. Who Is Entitled to Equal Citizenship? ... ....... 577 A. The Citizenship of the Fijian Indians ....... 577 B. Moral Limits to Historical Appeals: The Deed of Cession ............. ....... 580 * Associate Professor of Political Science, University of Toronto. -
Download Full Report
ACP-EU JOINT PARLIAMENTARY ASSEMBLY BUREAU 17 September 2012 REPORT OF THE FACT-FINDING MISSION OF THE ACP-EU JPA BUREAU TO FIJI 22 TO 24 JULY 2012 Musikari KOMBO, EGH, MP (Kenya), Co-President, Head of Delegation Michèle RIVASI, MEP (Greens/EFA, France), Vice-President and Co-President a.i, Head of Delegation and Lenata‟i Victor Faafoi TAMAPUA (Samoa), Vice-President Benedict Glen NOEL (Grenada), Vice-President Frank ENGEL, MEP (EPP, Luxembourg), Member CR\913035EN.doc AP101.253/BUR EN 1 EN Introduction At its meeting of 27 May 2012, the Bureau of the ACP-EU Joint Parliamentary Assembly decided to send a fact-find mission to Fiji to assess the progress made by the authorities to return the country to constitutional order and parliamentary democracy. The mission was undertaken from 22 to 24 July 2012 and held extensive and open discussions with Government Representatives and a wide range of political stakeholders, leaders of Political Parties and the two previous Prime Ministers, as well as civil society and non-state actor representatives. Brief historical background to the current Fiji political crisis The current political crisis in Fiji can be traced back to the ethnic make-up of the population, which is divided between indigenous Fijians and Indo-Fijians (the descendants of indentured labourers brought from India a century ago). At independence, Indo-Fijians were roughly 51% of the population until the mid-2000s, by which time political issues had prompted thousands of Indo-Fijians to leave the country. They currently make up 39% of the population. For 17 years after independence from British rule in 1970, the country was relatively stable until Colonel Sitiveni Rabuka‟s 1987 coup against an Indo-Fijian dominated government. -
A Governor-General's Perspective
THE ARCHITECTURE OF ELECTIONS IN NEW ZEALAND: A GOVERNOR-GENERAL’S PERSPECTIVE BY RT HON SIR ANAND SATYANAND, GNZM, QSO* I. INTRODUCTION I begin by greeting everyone in the languages of the realm of New Zealand, in English, Mäori, Cook Island Mäori, Niuean, Tokelauan and New Zealand Sign Language. Greetings, Kia Ora, Kia Orana, Fakalofa Lahi Atu, Taloha Ni and as it is the morning (Sign). I then specifically greet you: Rt Hon Jim Bolger, Chancellor of the University of Waikato; Professor Roy Crawford, Vice-Chancellor; Professor Bradford Morse, Dean of Te Piringa – Fac- ulty of Law; Distinguished Guests otherwise; Ladies and Gentlemen. Thank you for the invitation to give this public lecture for the Faculty of Law. Before beginning, I want to welcome you, Professor Morse, in your new role as Dean of Uni- versity of Waikato’s Faculty of Law. With your previous experience at the University of Ottawa in Canada and your considerable scholarship in indigenous law in Canada, you bring to New Zea- land a valuable perspective on our country, on particular issues relating to Mäoridom.1 I wish you well in your role. You join the University at a time when it has come of age – and is celebrating the 20th anniver- sary of the establishment of the Faculty. You will find that the University and this Faculty has a strong and rewarding connection with the Waikato-Tainui iwi. I understand the Faculty’s Mäori name, Te Piringa, was provided by the late Arikinui Dame Te Atairangikaahu, the then Mäori Queen. Translated as “the coming together of people”, it links the Faculty to the manawhenua of Waikato-Tainui. -
Converging Currents Custom and Human Rights in the Pacific
September 2006, Wellington, New Zealand | STUDY PAPER 17 CoNvERgiNg CURRENTS Custom and human rights in the paCifiC The Law Commission is an independent, publicly funded, central advisory body established by statute to undertake the systematic review, reform and development of the law of New Zealand. its purpose is to help achieve law that is just, principled, and accessible, and that reflects the heritage and aspirations of the peoples of New Zealand. The Commissioners are: Right Honourable Sir geoffrey Palmer – President Dr Warren Young – Deputy President Honourable Justice Eddie Durie Helen Aikman qC The Manager of the Law Commission is Brigid Corcoran The office of the Law Commission is at 89 The Terrace, Wellington Postal address: Po Box 2590, Wellington 6001, New Zealand Document Exchange Number: sp 23534 Telephone: (04) 473–3453, Facsimile: (04) 914–4760 Email: [email protected] internet: www.lawcom.govt.nz National Library of New Zealand Cataloguing-in-Publication Data New Zealand. Law Commission. Custom and human rights in the Pacific / Law Commission. (Study paper, 1174-9776 ; 17) iSBN 1-877316-08-3 1. Customary law—oceania. 2. Human rights—oceania. 3. Civil rights—oceania. i. Title. ii. Series: Study paper (New Zealand. Law Commission) 340.5295—dc 22 Study Paper/Law Commission, Wellington 2006 iSSN 1174-9776 iSBN 1-877316-08-3 This study paper may be cited as NZLC SP17 This study paper is also available on the internet at the Commission’s website: www.lawcom.govt.nz <http://www.lawcom.govt.nz> LawCommissionStudyPaper He Poroporoaki The New Zealand Law Commission acknowledges with deep regret the passing of two notable Pacific leaders shortly before the printing of this study, the Maori queen and the King of Tonga. -
Researchspace@Auckland
http://researchspace.auckland.ac.nz ResearchSpace@Auckland Copyright Statement The digital copy of this thesis is protected by the Copyright Act 1994 (New Zealand). This 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 this thesis, and due acknowledgement will be made to the author where appropriate. • You will obtain the author's permission before publishing any material from their thesis. To request permissions please use the Feedback form on our webpage. http://researchspace.auckland.ac.nz/feedback General copyright and disclaimer In addition to the above conditions, authors give their consent for the digital copy of their work to be used subject to the conditions specified on the Library Thesis Consent Form and Deposit Licence. CONNECTING IDENTITIES AND RELATIONSHIPS THROUGH INDIGENOUS EPISTEMOLOGY: THE SOLOMONI OF FIJI ESETA MATEIVITI-TULAVU A thesis in fulfilment of the requirements for the degree of DOCTOR OF PHILOSOPHY The University of Auckland Auckland, New Zealand 2013 TABLE OF CONTENTS Abstract .................................................................................................................................. vi Dedication ............................................................................................................................ -
View Order Paper
PARLIAMENT OF THE REPUBLIC OF FIJI _____________ ORDER PAPER Tuesday, 26 May 2020 at 9.30 a.m. 1. Prayer 2. Confirmation of Minutes. The Leader of the Government in Parliament to move – “That the Minutes of the sitting of Parliament held on Monday, 25 May 2020, as previously circulated be taken as read and be confirmed.” 3. Communications from the Chair 4. Presentation of papers and certain documents 5. Presentation of reports of committees 6. Ministerial Statements 7. Consideration of Bills 8. Motions for which notice has been given (see Schedule 1) 9. Questions (see Schedule 2) ----------------- SCHEDULE 1 — MOTIONS FOR DEBATE 1. Hon. Sanjay Kirpal to move – “That Parliament debates the ‘2013-2014 Consolidated Annual Review of the Water Authority of Fiji’ which was tabled on 4 April 2019.” (Parliamentary Paper No. 19 of 2019) 2. Hon. Viam Pillay to move – “That Parliament debates the ‘Report on Annual Review of the Fiji Association of Sports and National Olympic Committee, 2017’ which was tabled on 1 April 2019.” (Parliamentary Paper No. 05 of 2019) 3. Hon. Prof. Biman Prasad to move – “That Parliament forms a Special Committee under Standing Order 129 to conduct a holistic inquiry into all aspects of health and medical care service and delivery at our public hospitals and centres and the Committee shall comprise the following – (a) Hon. Dr Salik Govind (Chairperson); (b) Hon. Alexander O’Connor; (c) Hon. Jale Sigarara; (d) Hon. Dr Ratu Atonio Lalabalavu; and (e) Hon. Lenora Qereqeretabua.” 4. Hon. Ro Filipe Tuisawau to move – “That Parliament resolves to establish a Special Committee under Standing Order 129 to inquire into the socio-economic impact of COVID- 19. -
Melanesia in Review: Issues and Events, 2002
Melanesia in Review: Issues and Events, 2002 Reviews of West Papua and Solomon mined, circumvented and ignored by Islands are not included in this issue. the highest in the land including those who were sworn in to uphold it” Fiji (Times, 19 May, 10). During the final The political and economic highlights months of 2002, the Fiji Labour Party in Fiji in 2002 have again brought and some quasi-political civil society into sharp focus a lesson painfully movements like the Citizens Constitu- learned after the 1987 military coups: tional Forum (ccf) questioned why it takes years to recover from the neg- some members of Parliament had been ative ramifications of any national permitted to continue serving in Prime political upheaval. The economic and Minister Qarase’s cabinet despite sociopolitical fallout of the May 2000 videotaped evidence of their close civilian coup in Fiji continued to involvement in the May 2000 civilian impact major events in both the uprising. The extensive video footage politico-legal and economic domains of siege activities at the Veiuto Parlia- of the nation during the year. The mentary Complex emerged during the path to economic recovery and socio- first treason trial of Josefa Nata and political normalcy was generally shaky Timoci Silatolu, which commenced on and fraught with difficulties. The local 26 November and featured deposed tabloids regularly featured major Prime Minister Mahendra Chaudhry scams within the civil service, exacer- as a key state witness (Post, 27 Nov, bated by gross fiscal mismanagement 2; Times, 29 Nov, 1). Following the by the state and a general lack of 14 November conviction of fifteen political goodwill between the major former Counter Revolutionary War- political parties—the ruling Soqosoqo fare Unit soldiers who had been found Duavata ni Lewenivanua (sdl) and guilty of the November 2000 mutiny the opposition Fiji Labour Party (flp). -
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. -
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. -
Invisibility in the Media: a Comparative Analysis of the Coverage Given to Female Election Candidates in the 1999 and 2006 Elections by the Fiji Times and Fiji Sun
INVISIBILITY IN THE MEDIA: A COMPARATIVE ANALYSIS OF THE COVERAGE GIVEN TO FEMALE ELECTION CANDIDATES IN THE 1999 AND 2006 ELECTIONS BY THE FIJI TIMES AND FIJI SUN by Shazia Shareen Bi Usman A thesis submitted in fulfilment of the requirements for the degree of Master of Arts Copyright © 2012 by Shazia Shareen Bi Usman School of Language Arts and Media Faculty of Arts and Law The University of the South Pacific July, 2012 DECLARATION Statement by Author I, Shazia Shareen Bi Usman, declare that this thesis is my own work and that, to the best of my knowledge, it contains no material previously published, or substantially overlapping with material submitted for the award of any other degree at any institution, except where due acknowledgment is made in the text. Signature …………………………… Date………………………… Name ……………………………………………………………….. Student ID No. ……………………………………………………… Statement by Supervisor The research in this thesis was performed under my supervision and to my knowledge is the sole work of Ms. Shazia Shareen Bi Usman. Signature…………………………….. Date ……………………….. Name...……………………………………………………………… Designation ………………………………………………………… DEDICATION For Usman and Anisha, the best parents a feminist could have For Tabrez and Hamza, always keeping me grounded ACKNOWLEDGEMENT This thesis is dedicated to my family for the unconditional love, support and understanding they have always given me. My father and mother, in particular, have been my driving force. No daughter is more blessed than one, whose parents put her education as their number one priority. I have never had a sister but the two I found in the USP journalism newsroom during my undergraduate years were surely meant to be mine. -
Country Report
Country Report Fiji June 2005 The Economist Intelligence Unit 15 Regent St, London SW1Y 4LR United Kingdom The Economist Intelligence Unit The Economist Intelligence Unit is a specialist publisher serving companies establishing and managing operations across national borders. For over 50 years it has been a source of information on business developments, economic and political trends, government regulations and corporate practice worldwide. The Economist Intelligence Unit delivers its information in four ways: through its digital portfolio, where the latest analysis is updated daily; through printed subscription products ranging from newsletters to annual reference works; through research reports; and by organising seminars and presentations. The firm is a member of The Economist Group. London New York Hong Kong The Economist Intelligence Unit The Economist Intelligence Unit The Economist Intelligence Unit 15 Regent St The Economist Building 60/F, Central Plaza London 111 West 57th Street 18 Harbour Road SW1Y 4LR New York Wanchai United Kingdom NY 10019, US Hong Kong Tel: (44.20) 7830 1007 Tel: (1.212) 554 0600 Tel: (852) 2585 3888 Fax: (44.20) 7830 1023 Fax: (1.212) 586 0248 Fax: (852) 2802 7638 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] Website: www.eiu.com Electronic delivery This publication can be viewed by subscribing online at www.store.eiu.com Reports are also available in various other electronic formats, such as CD-ROM, Lotus Notes, online databases and as direct feeds to corporate intranets. For further information, please contact your nearest Economist Intelligence Unit office Copyright © 2005 The Economist Intelligence Unit Limited.