Executive Summary 2 INDIA – PACIFIC ISLANDS SUSTAINABLE DEVELOPMENT CONFERENCE Introduction
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MINUTES of Proceedings of Parliament at Suva on Monday, Twenty-Second Day of March, 2021
PARLIAMENT OF THE REPUBLIC OF FIJI _____________ MINUTES of Proceedings of Parliament at Suva on Monday, Twenty-second Day of March, 2021 1. The House met at 9.30 a.m. pursuant to adjournment. 2. Hon. Speaker took the Chair and read the Prayer. 3. MEMBERS PRESENT All Honourable Members were present except for the Hon. Aiyaz Sayed-Khaiyum, Hon. Osea Naiqamu and Hon. Ratu Naiqama Lalabalavu. 4. CONFIRMATION OF MINUTES The Leader of the Government in Parliament the Hon. Inia Seruiratu, moved that the Minutes of the sitting of Parliament held on Friday, 12 February 2021 as previously circulated, be taken as read and be confirmed. Motion seconded. Question put. Motion agreed to unanimously. 5. COMMUNICATIONS FROM THE CHAIR Hon. Speaker welcomed all Honourable Members to the sitting and all those watching the live broadcast and the live streaming of the proceedings. Hon. Speaker informed all Honourable Members that the Standing Committee on Justice, Law and Human Rights would table its report on the following election- related Bills at a later sitting date – 1. Electoral (Amendment) Bill 2020; 1 2. Electoral (Registration of Voters) (Amendment) Bill 2020; and 3. Political Parties (Registration, Conduct, Funding and Disclosures) (Amendment) Bill 2020. 6. PRESENTATION OF PAPERS AND CERTAIN DOCUMENTS The Acting Attorney-General and Minister for Economy, Civil Service and Communications the Hon. Faiyaz Koya tabled the Mid-Year Fiscal Statement – Actual Expenditure from 1st August 2020 to 31st January 2021. The Hon. Speaker informed all Honourable Members that the electronic copy of the report would be made available to all Members and uploaded simultaneously on the Parliament website. -
In the Court of Appeal in the Cook Islands Held at Rarotonga (Civil Division)
IN THE COURT OF APPEAL IN THE COOK ISLANDS HELD AT RAROTONGA (CIVIL DIVISION) CA No. 4/14 IN THE MATTER of Sections 3, 9, 11 and 13 Declaratory Judgments Act 1994 AND IN THE MATTER of Cook Islands National Superannuation Fund Act 2000 and the Cook Islands Constitution BETWEEN MINISTER OF COOK ISLANDS NATIONAL SUPERANNUATION FUND Appellant AND ARORANGI TIMBERLAND LIMITED First Respondent AND ANDY OLAH Second Respondent AND MANEA FOODS Third Respondent AND BECO LIMITED Fourth Respondent AND JAMES BEER Fifth Respondent AND SUPER BROWN LIMITED Sixth Respondent AND RAINA TRADING LIMITED Seventh Respondent Coram: Williams P Barker JA Paterson JA Counsel: K Saunders (Solicitor-General) and M Ruffin for Appellant T Arnold for the Respondents Hearing: 9, 10, 11, 12 June 2014 Judgment: 17 November 2014 JUDGMENT OF THE COURT Solicitors: Crown Law Office for Appellant T Arnold for Respondents TABLE OF CONTENTS Introduction .............................................................................................................. 1 The Origin of the Scheme ........................................................................................ 2 The Cook Islands National Superannuation Act 2000 ............................................. 3 The Trust Deed ....................................................................................................... 8 The Constitution of the Cook Islands .................................................................... 12 The Presumption of Constitutionality ................................................................... -
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. -
'The People Have Spoken …'
1 ‘The People Have Spoken …’ Steven Ratuva and Stephanie Lawson Fiji’s general elections of 17 September 2014, held eight years after Fiji’s fourth coup, saw some significant firsts, generated largely by new constitutional arrangements. These included a radically deracialised electoral system in which the entire country forms a single electorate and utilises open-list proportional representation. This system, brought in under the regime of coup leader Voreqe (Frank) Bainimarama, was designed first and foremost to encourage a shift away from previous patterns of electoral behaviour which, due in large measure to provisions for communal electorates and voting, were inevitably attuned to communal political identities and the perceived interests attached to them. Elections under such a system certainly allowed ‘the people’ to speak, but in a way which gave primacy to those particular identities and interests and, arguably, contributed to a political culture that saw democracy itself severely undermined in the process. This was illustrated only too clearly by the recurrence of coups d’état between 1987 and 2006 that all revolved, in one way or another, around issues of communal identity expressed through discourses of indigenous Fijian (Taukei) rights versus those of other ethnic or racial communities, especially of those of Indian descent. These discourses remain highly salient politically but, under the Constitution promulgated by the Bainimarama regime in 2013, they are no longer supported institutionally via electoral arrangements. As a result, political parties have generally been forced to at least 1 THE PEOPLE Have SPOKEN attempt to appeal to all ethnic communities. These institutional changes have brought Fiji’s political system much closer to the standard model of liberal democracy in which ‘one person, one vote, one value’ is a basic norm. -
Asamblea General Distr
NACIONES UNIDAS A Asamblea General Distr. GENERAL A/HRC/7/7/Add.3 8 de enero de 2008 ESPAÑOL Original: INGLÉS CONSEJO DE DERECHOS HUMANOS Séptimo período de sesiones Tema 3 de la agenda provisional PROMOCIÓN Y PROTECCIÓN DE TODOS LOS DERECHOS HUMANOS, CIVILES, POLÍTICOS, ECONÓMICOS, SOCIALES Y CULTURALES, INCLUIDO EL DERECHO AL DESARROLLO Informe del Grupo de Trabajo sobre la utilización de mercenarios como medio de violar los derechos humanos y obstaculizar el ejercicio del derecho de los pueblos a la libre determinación Presidente-Relator: Sr. José Luis GÓMEZ DEL PRADO Adición MISIÓN A FIJI* (14-18 de mayo de 2007) * El resumen del presente informe se distribuye en todos los idiomas oficiales. El informe propiamente dicho, que figura en el anexo del resumen, se distribuye únicamente en inglés. GE.08-10129 (S) 160108 170108 A/HRC/7/7/Add.3 página 2 Resumen Por invitación del Gobierno provisional de Fiji, el Grupo de Trabajo sobre la utilización de mercenarios como medio de violar los derechos humanos y obstaculizar el ejercicio del derecho de los pueblos a la libre determinación visitó Fiji del 14 al 18 de mayo de 2007. El Grupo acogió satisfecho esta oportunidad de entablar un diálogo constructivo con el Gobierno provisional y otras partes interesadas en los asuntos de su competencia. El Grupo de Trabajo observa que Fiji tiene por tradición un personal militar y de seguridad con buena formación, disciplinado y muy competente, que desempeña distintas funciones de seguridad en todo el mundo. Sin embargo, el Grupo de Trabajo observa con preocupación que en varios casos las funciones de seguridad que desempeñan los nacionales de Fiji integrados en empresas militares y de seguridad privadas en otros países pueden considerarse como actividades de mercenarios. -
Prime Minister Bainimarama Dedicates Award to All Fijians, Pacific Islander
WEDNESDAY DECEMBER 16, 2020 l 16 PAGES l ISSUE 19 VOL 11 l WWW.FIJI.GOV.FJ Fijijj Focus Prime Minister Voreqe Bainimarama, Minister for Agriculture, Waterways and Environment Mahendra Reddy, Permanent Secretary for Waterways and Environment Joshua Wycliffe with Nabukadra villagers during the commisioning of the village seawall in Ra earlier this month. MORE DETAILS on PAGE 6. Photo: NANISE NEIMILA PRIME MINISTER BAINIMARAMA DEDICATES AWARD TO EARTH ALL FIJIANS, PACIFIC ISLANDER MEREANI GONEDUA Earth Award to every Fijian and the Earth Award. ment, civil society and the private dent representative to Fiji Sanaka Pacific Islander. The Earth Award is the United sector whose actions have a trans- Samarasinha acknowledged PM RIME Minister Voreqe The Fijian Head of Government Nation’s highest environmental formative impact on the environ- AWARDBainimarama has dedicated was all smiles last week after he honour where it recognises out- ment. Pthe 2020 Champion of the received the 2020 Champion of standing leaders from govern- Announcing the award, UN resi- CONTINUES ON PAGE 3 email: [email protected]; @FijianGovt; Fijian Government; visit us @ www.fiji.gov.fj NATIONAL MATTERS phone: 3301806 Dr Waqainabete updates parliament on covid-19 safety measures INSIDE AZARIA FAREEN “There are eight quarantine facili- ver and so far, there has been no had nearly 23,000 cases with 240 ties in Fiji and currently at the mo- community transmission and it has new cases last week.” HE tireless dedication ment we have up to 500 individu- been eight months since Fiji’s last “As of November, 2020, there are and efforts of the front- als in these facilities,” he said. -
Contract Law the South Pacific: Customary and Introduced Law by Jennifer Corrin Care
Contract Law The South Pacific: customary and introduced law by Jennifer Corrin Care USP region. It describes the law or New Zealand or by adoption by the governing the sources of contract law in regional country itself. Common law and the USP region and examines the equity7 were continued in force at problems surrounding its application. independence by 'saving' provisions Like many other branches of the law, embodied in the independence contract law has vet to establish its own constitution or other legislation. For identity in the South Pacific. It is still example, the succeeding constitutions of based on the law of England, with little Fiji Islands have continued in force s. 35 'localisation' through national of the Supreme Court Ordinance 1875, parliaments or courts. However, there which states: are significant differences between 'The Common Law, the Rules oj Equity English law and South Pacific contract and the Statutes of general application which law. This is partly a result of the fact that Cure were injorce in England at the date when the Jennifer Cornn the English law of contract has moved on. Colony obtained a local Legislature, that is to The South Pacific is an area of diverse Legislative reforms and developments in say on the second day of January 1815, shall cultures, evidenced by the number of the common law do not necessarily apply be in force within the Colony.' languages spoken. In Vanuatu alone, in the region, due to a 'cut-off date about one hundred vernacular languages having been imposed. It is also a result of English or Commonwealth common exist. -
Report of the Cross-Regional Workshop to Promote The
Report of the Cross-Regional Workshop to Promote the Ratification and Reporting on Implementation of the United Nations Convention against Corruption Toronto, Canada, 29 September - 1 October 2009 I. Introduction: 1. The Caribbean and Central American Region as well as the Pacific region face a range of similar challenges in acceding to and implementing the United Nations Convention against Corruption. To address these challenges, the United Nations Office on Drugs and Crime (UNODC) and the International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR) conducted a cross-regional Workshop to Promote the Ratification and Reporting on Implementation of the United Nations Convention against Corruption in Toronto from 29 September to 1 October 2009. 2. The Workshop aimed at uniting practitioners from both regions to share good anti- corruption policies and practices with an emphasis on asset recovery, in order to assess the status of implementation of the Convention and to promote its ratification/accession. Furthermore, it aimed at identifying implementation gaps, technical assistance needs to fill such gaps and elements of action plans to advance accession to and implementation of UNCAC. II. Opening of the meeting 3. Mr. Paul Saint-Denis, Senior Counsel at the Department of Justice, Canada, opened the meeting on behalf of the Government of Canada. He pointed out that the Canadian Government was pleased to support the meeting and looked forward to its outcomes. Mr. Yvon Dandurand, Senior Associate at ICCLR, stated that the Centre was delighted to conduct the Workshop in cooperation with UNODC, one of the Institutes of the United Nations Crime Prevention and Criminal Justice Programme. -
Pm's Walk Raises $61K
WEDNESDAY APRIL 10, 2019 l 16 PAGES l ISSUE 7 VOL 10 l WWW.FIJI.GOV.FJ FijiFocusKORO’S j FIJIANS TAKE A-G WARNS OF SEVEN ABUSE OF ADVANTAGE ACRES OF E-TICKETING SYSTEM OF HEALTH TOLL-FREE SWEET 2 157 NUMBER 10 SUCCESS PM’S WALK RAISES $61K Prime Minister Voreqe Bainimarama “walks the talk” for youngsters as he participated in a seven-kilometre walk to raise over $61,000 for the Sigatoka School for Children with Special Needs. He was joined by Fijian medallists from the recent Special Olympics in Abu Dhabi with PM Bainimarama reiterating Government’s commitment to persons living with disabilities. FULL DETAILS ON PAGE 3. Photo: LITIA VULAIDAUSIGA CLIMATE BATTLE Fiji, Norway work with ‘mutual sense of urgency’ NANISE NEIMILA be outsized –– “warming is accelerating for us, this menacing worldwide threat is Norwegian brothers and sisters to put even OUR nations are faced with a mutual at a particularly alarming pace in Scandi- even more dire.” more emphasis on the “Blue Economy” in sense of urgency to address climate navia, and stronger tropical cyclones have “That’s why Norway, like Fiji, has led the future international negotiations.” “change, as the consequences of rising ravaged Fiji in recent years”. world as we work to curb climate change. PM Bainimarama says all this efforts to seas and heightened temperatures are al- Speaking at the welcome reception for I thank the government of Norway for its combating climate change requires inter- ready being felt by Fijians and Norwegians Crown Prince Haakon Magnus of the ambitious advocacy in this fight, and for its national consensus and Fiji is looking for- alike.” Kingdom of Norway at Grand Pacific Ho- generous financial support of Fiji’s own ef- ward to working in partnership with other Prime Minister Voreqe Bainimarama, a tel in Suva this week, he said, “Our agri- forts, including the Ocean Pathway.” countries. -
NEWSLETTER 2015 Parliament Bi-Annual Newsletter
PARLIAMENT NEWSLETTER 2015 Parliament Bi-Annual Newsletter. Issue No.1 Navigating Parliament to The Department of Legislature cre- ated history in April this year when it launched its first-ever Annual Corpo- The New Dawn rate Plan. Fijian Parliament Speaker, Honourable Dr. Jiko Luveni, whilst launching the Plan and other critical initiatives said the occasion was not only historic for the Department, but for the entire Parliament of Fiji, its cus- tomers and partners. “This is a historical occasion, an oc- casion we are proud of because it is the first time ever that the Depart- ment of Legislature has produced an Annual Corporate Plan. The Depart- ment will also for the first time launch critical initiatives that now become an integral part of the Department’s commitments.” “Our theme for today is ‘Navigat- ing Parliament to the New Dawn’. With that, I look back with much joy and pride and with the realisation that the Fijian Parliament has indeed Speaker, Hon. Dr. Jiko Luveni and Secretary-General, Mrs. Viniana Namosimalua at the launch of progressed from the day people ex- the Department of Legislature’s Annual Corporate Plan and other critical initiatives. ercised their right to choose fifty (50) leaders who were sworn in as Members about strategies in the Plan to take Parlia- apart in its role of serving Mem- of Parliament,” Hon. Dr. Luveni said. ment to the people through various educa- bers of Parliament who rely on its tional and outreach programmes. This, I support to better serve the people; Hon. Dr. Luveni reminded staff to believe is a positive approach. -
A Study of the Role of Cricket in The
The Willow and the Palm: an exploration of the role of cricket in Fiji Thesis submitted by Narelle McGlusky BA (Hons) James Cook in October 2005 for the degree of Doctor of Philosophy in the School of Humanities James Cook University ELECTRONIC COPY I, the undersigned, the author of this work, declare that the electronic copy of this thesis provided to the James Cook University Library, is an accurate copy of the print thesis submitted, within the limits of the technology available. _______________________________ _______________ Signature Date STATEMENT OF ACCESS I, the undersigned author of this work, understand that James Cook University will make this thesis available for use within the University Library and, via the Australian Digital Theses network, for use elsewhere. I understand that, as an unpublished work, a thesis has significant protection under the Copyright Act and; I do not wish to place any further restriction on access to this work _____________________________________ ______________ Signature Date STATEMENT OF SOURCES DECLARATION I declare that this thesis is my own work and has not been submitted in any form for another degree or diploma at any university or other institution of tertiary education. Information derived from the published or unpublished work of others has been acknowledged in the text and a list of references is given. ________________________________ __________________ Signature Date Abstract The starting point for this thesis is an investigation of the political role of cricket in the development of national identity among the colonies of the British Empire. The British invested the game with moral and political values and openly employed it to impose these values on their colonial populations. -
2018 Fiji Election Results: Patterns of Voting by Provinces, Rural-Urban Localities, and by Candidates
The Journal of Pacific Studies, Volume 40 Issue 2, 2020 55 2018 Fiji Election Results: Patterns of Voting by Provinces, Rural-Urban Localities, and by Candidates https://doi.org/10.33318/jpacs.2020.40(2)-3 Haruo Nakagawa1 Abstract Akin to the previous, 2014 event, with no data on voter ethnicity, no exit polls, and few post-election analyses, the 2018 Fiji election results remain something of a mystery despite the fact that there had been a significant swing in voting in favour of Opposition political parties. There have been several studies about the election results, but most of them have been done without much quantitative analyses. This study examines voting patterns of Fiji’s 2018 election by provinces, and rural-urban localities, as well as by candidates, and also compares the 2018 and 2014 elections by spending a substantial time classifying officially released data by polling stations and individual candidates. Some of the data are then further aggregated according to the political parties to which those candidates belonged. The current electoral system in Fiji is a version of a proportional system, but its use is rare and this study will provide an interesting case study of the Open List Proportional System. At the end of the analyses, this study considers possible reasons for the swing in favour of the Opposition. Keywords: 2018 Fiji Election Results; Ethnic Vote; Rural Vote; Urban Vote; Voting Patterns 1 Fellow, School of Government, Development & International Affairs, The University of the South Pacific, email: [email protected] 56 The Journal of Pacific Studies, Volume 40 Issue 2, 2020 Introduction The Fiji general election of 2018 was the second held under the Open List Proportional (OLPR) electoral system, with a single, nation-wide constituency introduced by the 2013 Republic of Fiji Constitution, which supposedly discourages race- or region-based political parties.