Melanesia in Review: Issues and Events, 2002
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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. -
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. -
Melanesia in Review: Issues and Events, 2000
Melanesia in Review: Issues and Events, 2000 Reviews of Papua New Guinea and tion of May 1999, became more overt West Papua are not included in this in the early months of 2000. Fijian issue. political parties, led by the former governing party, Soqosoqo ni Vakavu- Fi j i lewa ni Taukei (sv t), held meetings For the people of Fiji, the year 2000 around the country to discuss ways to was the most turbulent and traumatic oppose if not depose the government in recent memory. The country and thereby return to power. These endured an armed takeover of parlia- meetings helped fuel indigenous Fijian ment and a hostage crisis lasting fifty- unease and animosity toward Chaud- six days, the declaration of martial hry’s leadership. Signaling its move law and abrogation of the 1997 con- toward a more nationalist stance, the stitution, and a bloody mutiny in the sv t terminated its coalition with the armed forces. These events raised the Indo-Fijian–based National Federa- specter of civil war and economic col- tion Party in February, describing the lapse, international ostracism, and a coalition as “self-defeating.” future plagued with uncertainty and In March, the Taukei Movement ha r dship. Comparisons with the coups was revived with the aim, according of 1987 were inevitable, but most to spokesman Apisai Tora, of “rem o v - observers would conclude that the ing the government through various crisis of 2000 left Fiji more adrift legal means as soon as possible” (Sun, and divided than ever before. 3 May 2000, 1). In 1987 the Taukei The month of May has become Movement had spearheaded national- synonymous with coups in Fiji. -
When Risk Management of Natural Hazards
Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Not if but when Adapting to natural hazards in the Pacific Islands Region A policy note Public Disclosure Authorized 2006 Sofia Bettencourt | Richard Croad | Paul Freeman | John Hay | Roger Jones Peter King | Padma Lal | Alan Mearns | Geoff Miller | Idah Pswarayi-Riddihough Alf Simpson | Nakibae Teuatabo | Ulric Trotz | Maarten Van Aalst The World Bank East Asia and Pacific Region Pacific Islands Country Management Unit Adapting to Natural Hazards in the Pacific Islands Region 1 This Policy Note is dedicated to the memory of Savenaca Siwatibau for his efforts and vision in mainstreaming hazard risk management into economic planning in the Pacific. Note: The findings, interpretations and conclusions expressed in this Policy Note are entirely those of the authors and should not be attributed in any manner to the World Bank, to its affiliated organizations, or to members of its Board of Executive Directors or the countries they represent nor to the Pacific Islands Forum Secretariat, SOPAC or AusAID. Contents List of Acronyms iii Prologue iv Contributors vi Executive summary viii 1 High vulnerability 1 1.1 Fifty years of disasters 1 1.2 Recent trends 4 1.3 The future climate 6 2 Key lessons learned 9 2.1 Early action pays 9 2.2 Some action but too little impact 11 3. Future directions 17 3. 1 Strengthening the enabling national environment 18 3.2 Supporting decision-making 20 3.3 Mainstreaming 24 3.4 Implementation 28 3.5 Monitoring and evaluation 30 3.6 -
Reflections on the First Anniversary of Fiji's 2006 Coup
30. One hand clapping: Reflections on the first anniversary of Fiji’s 2006 coup Brij V. Lal The tyranny of a prince in an oligarchy is not so dangerous to the public welfare as the apathy of a citizen in a democracy. Montesquieu Acquiescence is the friend of illegality. Justice Roger Coventry The first anniversary of Fiji's December 2006 coup passed uneventfully, without any rallies, protest marches or vigils ± merely an exhausted, scarcely audible mutter from the populace hankering for some semblance of normality. A Fijian political activist once likened Fiji to a swimming duck: All calm on the surface but furiously churning underneath. Just how much turbulence there was among indigenous Fijians is difficult to gauge, but its existence was beyond doubt. To forestall any organized opposition, the interim administration slapped on several states of emergency. Overall, 2007 remained a depressing and miasmic year, with much movement but little change. The military's much heralded `clean-up' campaign, the principal reason for the coup, was stalled, mired in controversy about its legal validity and true purpose. No one was successfully prosecuted for the misdemeanours for which they had been unceremoniously sacked from office. The judiciary, to everyone's disappointment, remained as divided and demoralized as ever. The constitution remained intact, but often `ignored or bypassed as deemed necessary'.1 International vigilance, manifested in travel bans on members of the interim administration, remained despite official pleas for sympathetic understanding and assistance. Fundamental changes to the electoral system were mooted, including a common non-racial electoral roll, a common name for all citizens, and reform of important institutions of indigenous governance, but there was reservation among many who were already distrusting of the interim administration's motives and its counterproductive confrontational approach to sensitive issues. -
Development Challenges in Asia and the Pacific in the 1990S / Edited by Seiji Nay A, Stephen Browne, P
i i , DEVELOPMENT CHALLENGES IN ASIA AND THE PACIFIC IN THE 1990s DEVELOPMENT CHALLENGES IN ASIA AND THE PACIFIC IN THE 1990s Edited by Seiji Naya Stephen Browne East-West United Nations Center Development Programme Library of Cong re 39 Cataloglng-ln-Publlcation Data Development challenges in Asia and the Pacific in the 1990s / edited by Seiji Nay a, Stephen Browne, p. cm. Includes bibliographical references. ISBN 0-86638-145-7 1. Asia—Economic policy. 2. Pacific Area—Economic policy. 3. Economic forecasting—Asia. 4. Economic forecasting—Pacific Area. I. Naya, Seiji. II. Browne, Stephen. HC411.D485 1991 aaa.gs'oog'cwg—dc2o 91 -22350 Copyright 1991 by East-West Center Contents Foreword vii Krishan G. Singh Note on contributors ix PART I: Overview Regional cooperation in Asia and the Pacific: major themes in the 1990s 3 Seiji Naya Proceedings of the UNDP Symposium on Cooperation in Asia and the Pacific 13 Stephen Browne PART II: Issues papers Cooperation in trade and finance in the Asia-Pacific region 37 Victor Santiapillai Private sector development in Asia and the Pacific 75 Seiji Naya Human development in Asia and the Pacific 97 Mahbub ul Haq Social trends affecting natural resource management in upland areas of Asia and the Pacific 111 A. Terry Rambo with Lawrence Hamilton v PART III: Regional and country papers Regional economic cooperation in South Asia . 129 Abulmaal A. Muhith An ASEAN perspective on regional cooperation issues in Asia and the Pacific . 153 Florian A. Album The South Pacific countries and regionalism 169 Savenaca Siwatibau The political economy of China 205 Anthony M. -
Confronting Fiji Futures
CONFRONTING FIJI FUTURES EDITED BY A. HAROON AKRAM-LODHI Published by ANU eView The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at eview.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Title: Confronting Fiji futures / A Haroon Akram-Lodhi (editor). ISBN: 9781921934292 (paperback) 9781921934308 (ebook) Subjects: Fiji--Politics and government. Fiji--Economic conditions. Fiji--Social conditions. Other Creators/Contributors: Akram-Lodhi, A. Haroon (Agha Haroon), 1958- editor. Dewey Number: 320.099611 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. Cover photograph by M M (padmanaba01): www.flickr.com/photos/43423301@N07/3997565309/ First published 2000 by Asia Pacific Press This edition © 2016 ANU eView Stop Press Confronting the Present: The Coup of May 2000 A Haroon Akram-Lodhi On 19 May 2000, as With widespread doubt community politics that it ConfrontingFiji Futures went about who was in charge of suggested was not universal. to press, a group of 7 men the country, the Great It can be argued that the armed with machine guns Council of Chiefs met. On25 failure of the senior entered the Parliamentary May, following an intensely members of the government Complex in Suva. They took divided meeting, the council to recognise and seek to the Prime Minister, authorised the President to strengthen the fragility of Mahendra Chaudhry, establish, pending the the political consensus members of the Cabinet, and release of the hostages and helped create a climate that other members of the Fiji the resignation of the Prime made the coup possible. -
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. -
2003 Released by the Bureau of Democracy, Human Rights, and Labor February 25, 2004
Fiji Page 1 of 9 Fiji Country Reports on Human Rights Practices - 2003 Released by the Bureau of Democracy, Human Rights, and Labor February 25, 2004 Fiji is a constitutional republic with an elected President, Prime Minister, and Parliament. Ethnicity remained a dominant factor in the country's politics, economy, and society. Following free and fair elections in 2001, the political situation improved; however, concerns remained about the composition of the Cabinet. The 1997 Constitution requires that any party receiving more than 10 percent of the seats in Parliament be given cabinet positions. However, when Prime Minister Laisenia Qarase of the Duavata ni Lewenivanua (SDL) party formed a government in late 2001, it excluded the Fiji Labor Party (FLP) led by deposed Prime Minister Mahendra Chaudhry, although the FLP had won substantially more than 10 percent of the parliamentary seats in the 2001 elections. The FLP took legal action against the Government, and in July the Supreme Court ruled in favor of the FLP. Subsequent negotiations between Qarase and Chaudhry broke down over the exact numbers of FLP M.P.s to be admitted into Qarase's Cabinet. The Supreme Court is expected to hear the resulting case in early 2004. The final two co-conspirators of May 2000 coup leader George Speight, Timoci Silatolu and Josefa Nata, were convicted of treason in March and sentenced in June. The Vice President, a government minister, and the Deputy Speaker of Parliament were all awaiting trial at year's end for their participation in Speight's takeover of Parliament in May 2000. -
Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts
Hybrid Constitutional Courts: Foreign Judges on National Constitutional Courts ROSALIND DIXON* & VICKI JACKSON** Foreign judges play an important role in deciding constitutional cases in the appellate courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to the phenomenon of “hybrid” constitutional courts staffed by a mix of local and foreign judges. This Article ad- dresses this gap in comparative constitutional schol- arship by providing a general framework for under- standing the potential advantages and disadvantages of hybrid models of constitutional justice, as well as the factors likely to inform the trade-off between these competing factors. Building on prior work by the au- thors on “outsider” models of constitutional interpre- tation, it suggests that the hybrid constitutional mod- el’s attractiveness may depend on answers to the following questions: Why are foreign judges appoint- ed to constitutional courts—for what historical and functional reasons? What degree of local democratic support exists for their appointment? Who are the foreign judges, where are they from, what are their backgrounds, and what personal characteristics of wisdom and prudence do they possess? By what means are they appointed and paid, and how are their terms in office structured? How do the foreign judges approach their adjudicatory role? When do foreign * Professor of Law, UNSW Sydney. ** Thurgood Marshall Professor of Constitutional Law, Harvard Law School. The authors thank Anna Dziedzic, Mark Graber, Bert Huang, David Feldman, Heinz Klug, Andrew Li, Joseph Marko, Sir Anthony Mason, Will Partlett, Iddo Porat, Theunis Roux, Amelia Simpson, Scott Stephenson, Adrienne Stone, Mark Tushnet, and Simon Young for extremely helpful comments on prior versions of the paper, and Libby Bova, Alisha Jarwala, Amelia Loughland, Brigid McManus, Lachlan Peake, Andrew Roberts, and Melissa Vogt for outstanding research assistance.