Issues and Events, 2001

Melanesia in Review: Issues and Events, 2001 A review of Solomon Islands is not vesi, a spokeswoman for the former included in this issue. governing party (Soqosoqo ni Vaka- vulewa ni Taukei, or svt) predicted F i j i that “if you force the Gates (High Fiji seemed to come full circle in 20 0 1 . Court) judgement upon the Fijian The year began with the nation ner- people against their will our chances vously awaiting the outcome of a of returning to democracy will be Court of Appeal hearing on the fate destroyed for a long time” (Sun, 18 of the interim government installed Jan 2001, 1). In an unusual show of after the 2000 coup. It ended in a unity, Fijian political parties issued a similar way, with the same Court of joint statement demanding the contin- Appeal preparing to rule on the future uation of the interim government. of the newly elected government of They warned that any attempts to Laisenia Qarase. Throughout 2001, “derail Fijian leadership” would be Fiji’s political course followed surpris- strongly resisted. Meanwhile the ing and at times startling directions, Taukei Movement was reported to as the country picked its way through be mobilizing its supporters to oppose the debris and rubble left by the crisis the reinstatement of the 1997 consti- of 2000. tution. Provincial councils and chiefs The legal challenge to the interim also denounced the intervention by government had come when dairy the courts. According to one chief: farmer Chandrika Prasad, whose “We will die defending the President property was stolen and family terror- and Interim Government against ized after the coup in May 2000, suc- rulings detrimental to us as a race” cessfully obtained a ruling in the (Times, 26 Jan 2001, 3). High Court in November 2000 that While a Fiji Times editorial dis- declared the 1997 constitution extant missed such threats as “empty politi- and the interim government without cal posturing,” it pointed to the mili- any legal basis. The government tary as being the final arbiter of the appealed the ruling to the Court of interim government’s and hence Appeal because, as Interim Prime nation’s future. There were indica- Minister Qarase explained, “We need tions, in an army briefing to the presi- confirmation so that we can progress dent leaked to the media, that the Fiji further towards parliamentary military intended to “uphold the rule democracy” (Post, 28 Feb 2001, 3). of law—even if that means upholding The lead-up to the Court of Appeal the Gates rul i n g” (Ti m e s , 24 Ja n 20 0 1 , hearing in February was marked by 1). However, army statements also heightened tensions, as nationalist reaffirmed its “steadfast support” for Fijian leaders warned of bloodshed the president and interim government, and chaos should the ruling go against and the position that national security the interim government. Ema Drua- remained its “paramount concern.” 439 440 the contemporary pacific • fall 2002 It was in this atmosphere of tension a court decision may restore a demo- and uncertainty that the Court of cratically elected parliament displaced Appeal began its hearing on 19 Feb- by a coup d’etat” (Post, 7 Mar 2001, ruary. The interim government’s case 2). However, the Court of Appeal had was that the 1997 constitution had not ruled on how the democratically indeed been abrogated according to elected parliament should be restored, the doctrine of necessity—to avert and it was this question that con- further threats to peace and security; founded commentators and political and that a new legal order was now parties in the immediate aftermath of in effective control, commanding the the ruling. acceptance if not approval of a wide As a way of buying time and per- section of the population. The respon- haps legitimacy, the acting president dents (Chandrika Prasad’s lawyers) and interim government announced claimed that there was no necessity for that they would seek guidance from the purported abrogation of the con- the Great Council of Chiefs before stitution—that such a step was “irra- making their next move. Although tional and disproportionate.” They pledging publicly to abide by the further argued that no new legal or court’s ruling, the interim government political order was in place (the fact showed no immediate sign of relin- that the interim government had sub- quishing power (much to the Labour mitted to the courts was evidence of Party’s chagrin). When the Great that). Nor was the interim governm e n t Council of Chiefs convened it was in effective control, since it lacked presented with two starkly opposing both legal and political legitimacy. “road maps.” One was prepared by In a landmark ruling handed down the interim government and its legal on 1 Ma rch 20 0 1 the Court of Appeal advisors and proposed a quasi-con- dismissed the interim government’s stitutional approach: that the Great appeal. It declared that the 1997 Council of Chiefs accept the court constitution remained the supreme ruling; that it legitimize Ratu Iloilo’s law of the country; that parliament appointment as president; that it was not dissolved but prorogued for accept that the president has “res e rv e d six months; and that the office of powers” to dissolve parliament and president only became vacant on 15 call fresh elections; and that the December 2000 with the resignation interim government continue to gov- of Ratu Sir Kamisese Mara. Accord- ern in a caretaker capacity until elec- ingly, Ratu Josefa Iloilo was still act- tions are held. The second was pre- ing in the position. The court argued pared by a group of indigenous Fijian that that there was no justification for lawyers led by the General Manager abrogation of the constitution, and of the Native Land Trust Board. This that the interim government had failed rejected the constitutional approach to demonstrate or prove effective con- entirely and instead called on the trol. One of the lawyers representing Great Council of Chiefs “to resume Ch a n d r i k aP r a s ad de s c r i b ed th ec o u rt ’s its sovereignty granted to them by the ruling as historic and setting a power- Deed of Cession,” which could be ful precedent. “It is the first time that used to empower the interim govern- p olitical reviews • melane sia 441 ment. The interim government should the House (since he had rec o m m e n d e d continue to rule by decree and a “new the dissolution of parliament). The legal order” should be created throu g h acting president then swore in former the adoption of a new constitution. Labour parliamentarian Ratu Tevita Moreover all those charged with Momoedonu as prime minister (to treason (such as George Speight) regularize the appointments of the should be granted immediate and president and vice president as well unconditional amnesty (Sunday as to recommend the dissolution of Times, 11 Mar 2001, 2). parliament). Ratu Tevita had stood in As the Great Council of Chiefs as prime minister once before (follow- deliberated on these momentous ing the takeover of parliament in May issues, the deposed People’s Coalition 2000). Once his prime ministerial government struggled (and failed) to duties were completed, Ratu Tevita reach a consensus on its preferred immediately tendered his resignation course of action. Former Deputy and that of “his government,” paving Prime Minister Tupeni Baba led a the way for the president to appoint a faction that supported the reconven- caretaker government. The following ing of parliament and the formation day, having tendered their own resig- of a government of national unity, to nations, the interim government was govern for two or three years during again sworn in as a caretaker govern- which time issues such as land and ment to lead the country into elections the constitution would be addressed. later in the year. Former Prime Minister Mahendra Not surprisingly, this outcome sat- Chaudhry led another faction strongly isfied some but shocked others. It was opposed to the creation of a govern- described by a military spokesman as ment of national unity. Although ini- the “least worst option” to return the tially calling for the reinstatement of country to parliamentary rule within his government, Chaudhry subse- the shortest time. The business com- quently recommended to the acting munity described the move as “deci- president that parliament be dissolved, sive but conciliatory.” On the other fresh elections held, and in the mean- hand, the Labour Party, the National time a caretaker government be Federation Party, and the trade union appointed comprising members of movement condemned the outcome as the dissolved parliament. “unconstitutional and unlawful.” A Chaudhry’s advice gave the acting civil society group, the Citizens Con- president the opportunity to imple- stitutional Forum, filed a motion in ment the resolutions agreed to by the the High Court seeking to annul the Great Council of Chiefs, which essen- president’s decision to dissolve parlia- tially followed the quasi-constitu- ment. Meanwhile the international tional path advocated by the interim community welcomed the decision to government and supported by the go to the polls, although political and military. On 14 March the acting economic sanctions on Fiji remained president dismissed Chaudhry as in place pending the outcome of the prime minister on the grounds that he elections. no longer commanded the support of As the country moved into election 442 the contemporary pacific • fall 2002 mode, the political landscape was savu dam, Viti Levu’s main source of transformed.

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