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Volume 3, Issue 2, May 2009 Website: www.ccf.org.fj ISSN: ISSN: 1996-5281 Release on CSOs Reconsider Constitution abrogation undermines justice The Citizens’ Constitutional Forum de- independent interim government. There scribed the purported abrogation of ’s was no need to abrogate the Constitution,” The Citizens’ Constitutional Forum de- internationally-acclaimed 1997 Constitu- CCF Chief Executive Officer Rev Akuila scribed the release of eight soldiers and a tion on 10 April 2009 as unfortunate. Yabaki said. policeman convicted of manslaughter, as an abhorrent decision that undermines the The ruling in the case of Chandrika Prasad CCF urged the President to reconsider the rule of law. in 2001 made it very clear that the 1997 Con- purported abrogation of the 1997 Consti- stitution can only be varied or removed tution. “The purported abrogation contra- “The eight soldiers and a police officer were through the provisions in the document. dicts Iloilo and Bainiamarama’s own serving sentences of four years and four “The April 9 2009 ruling provided an op- assurance of upholding the Constitution months for a very serious crime of man- over the past two years,” Rev Yabaki said. slaughter of a teenage boy in early 2007. portunity for the President to reappoint an To release them on Compulsory Supervi- sion Orders (CSO) two months after their sentencing undermines the authority of the Jugdment affirms supremacy courts to sentence and shows bias and un- fair discrimination. These early releases are of Fiji’s 1997 Constitution abhorrent to the rule of law,” Chief Ex- ecutive Officer Rev Akuila Yabaki said. “Manslaughter is a serious crime. Nor- mally, only those prisoners who have com- mitted minor offences are released on (continued on page 8) What’s inside? Story Page

Community workshops 2 underway in 2009 Radio play “The Looting” 3 hits local airwaves Conciliation Resources visit 3 Sampari: a movie on racism 4 Justices of Appeal (JA) from left: Ian Lloyd, presiding judge Randall Powell, and Francis regarding West Papua Douglas, confer during the Qarase appeals case hearing. Life changing learnings 5 The Citizens’ Constitutional Forum wel- “The rule of law was upheld through this from Colombia comed the judgment delivered on 9 April judgment. The Court reaffirmed that no 2009 by the Fiji Court of Appeal, which one is above the law,” CCF CEO Rev Qarase v Bainimarama 6 ruled that the prerogative powers of Fiji’s Akuila Yabaki said. Appeals ruling summary Head of State to act in a crisis did not con- “The judgment provided an opportunity Submission on Indigenous 7 tinue to exist after the enactment of the for Interim Prime Minister Commodore Rights by CCF 1997 Constitution. Voreqe Bainimarama to make a graceful Universal human rights 8 A summary version of the ruling is pub- exit to enable the country to move for- continue to exist lished on pages 6-7. ward,” Rev Yabaki said. (continued on page 2) Editor’s notes CCF appears as ‘friend of court’

This issue of Tutaka is published during (continued from page a time when Fiji’s media is being heavily CCF1) called on censored. Bainimarama to relin- Two journalists arrested on May 9 2009 quish power as In- for writing a story on soldiers convicted terim PM and pave of manslaughter being released on CSOs, the way for the Presi- were finally released on May 11. dent to appoint dis- tinguished people to a In these challenging times for democracy caretaker govern- in Fiji, members of civil society must ment - people inde- continue to work together, to keep each pendent of the litiga- other informed of issues and activities. tion, who could take People must continue to work for the the country to elec- betterment of the people of Fiji. Ordi- tions. QC Dr Melissa Perry (right) explains the implications of CCF’s nary citizens of Fiji remain oppressed and CCF was granted submission in the Qarase appeals case to CCF Steering Committee disempowered. leave to appear as members. Looking on are Junior Counsel Ms Nicola McGarrity (middle) and Ms Tupou Draunidalo, who also represented CCF. It is a long process, but if members of ‘amicus curiae’ civil society can work together, a true and (friend of court) in the Fiji Court of Ap- tution creates, empowers and binds the in- vibrant democracy will be achievable for peal case of Qarase v Bainimarama and Oth- stitutions of government,” Dr Perry said. Fiji. ers heard from 6-9 April 2009. Queen’s That everyone in Fiji must obey the Con- Tutaka - Published by: CCF, 23 Denison Rd, Counsel (QC) Dr Melissa Perry and Jun- stitution was reaffirmed by Justice Doug- PO Box 12584, Suva, Fiji. ior Counsel Ms Nicola McGarrity repre- las’ statement in response to the Solicitor- Masthead design: Jo Uluinaceva sented CCF. General’s oral application for a stay, after Template design: Mosmi Bhim Editor: Mosmi Bhim The focus of CCF’s submission was on the the delivery of the judgment. Contact: [email protected] supremacy of the Constitution and the rule CCF was also represented by Ms Tupou Ph: (679) 3308379, Fax: (679) 3308380 of law, which means all government action Draunidalo. The lawyers were assisted by Printer: Bluebird Printery Ltd must be authorized by law. “The Consti- CCF legal officer Ms Kate Schuetze. Community workshops underway in 2009 The Grassroots Education Workshops on digenous Fijian communities.” Constitution, Human Rights, Citizenship The workshops were con- and Good Governance have been underway ducted by Community and in communities in the three focal provinces Field Officer Mrs Sereima of Tailevu, Naitasiri, and Ra. Lutubula and Education Sup- “To date, in 2009, the CCF education team port Officer Mr Bulutani has conducted eight community workshops Matai, for: and two Community Leaders Workshops,” • Tovata Settlement, Naitasiri Education Support Officer, Bulutani Matai said. “Out of these eight, three were for • Rewa Nari Sabha, Waila, Indo-Fijian communities, two were for Naitasiri mixed groups comprising Fijian and Indo- • Kalabu Village, Naitasiri Fijian participants, and four were for in- • Tacirua Village, Naitasiri • Nausori Rural Sereima Lutubula (sitting) with participants from the Women’s Asso- Nausori Women’s Association at the Nausori workshop. ciation, Nausori, Tailevu nity workshop schedule was disrupted • Vuci Community, slightly due to the unexpected flooding in Nausori, Tailevu January this year. This flooding affected most communities within the CCF’s focal • Deepwater Community, provinces. Finally, the first workshop got Korovou, Tailevu underway at Tovata Settlement on Febru- • Naganivatu Village, ary 18. Naitasiri. “Tovata settlement is a peri-urban commu- Two Community Leaders’ nity about 8 miles from Suva City but Workshops were held at within the province of Naitasiri. The work- Vitawa Village in Rakiraki shops were initially on the three issues of for the district of Navatu, Constitution and Human Rights, Citizen- and at Vaileka, Rakiraki. Women participants at the Deepwater Community work- ship, and Good Governance,” Bulutani shop in Korovou. Translation in Hindi was also provided. Initially, the 2009 commu- (continued on page 7)

2 Tutaka Volume 3, Issue 2, May 2009 Radio play “The Looting” hits local airwaves CCF’s radio play “The Loot- things were going,” Peceli ing” hit the airwaves in commented. March with the first broad- “The play sounds dramatic be- cast of the English version on cause this (looting and terror- Radio Fiji Gold (100.4FM) on ising of Indo-Fijians in Sunday, 15 March 2009 at Muaniweni) happened to a 2pm. few people only. Others went The play aired for 20 minutes on with their daily lives. Even followed by a short question now, the play makes it more and answer session by Pre- valid to discuss those inci- senter Peceli Rokotuivuva, dents,” Peceli said. with CCF’s Chief Executive Peceli feels that radio is more Officer Rev Akuila Yabaki flexible for use as a communi- and Communications and cation medium because people Advocacy Officer Mosmi can listen to it, while engaged Bhim. in a different range of activi- Peceli, who usually hosts the ties and locations. “With tel- early morning Breakfast Radio Fiji Gold presenter Peceli Rokotuivuna (left) asks Mosmi Bhim a evision, people need to sit in Show on Radio Fiji Gold, was question after the first broadcast of the play on 15 March 2009. one place and concentrate, pleasantly surprised after the whereas with radio, people can listening to the radio play. “Such a radio underway in mid-January at the ReelTime. do other things and listen to programmes play has different impacts on the poor and The radio plays are part of the Media and at the same time,” Peceli said. the rich from the Fijian and Indo-Fijian Social Justice project which began in April The play was aired on the second English communities. All in all, it was a very good 2006 and funded by the Evangelischer station of Fiji Broadcasting Corporation idea and it would be good if production of Entwicklungsdienst e.V., also known as the Limited (FBCL) 2Day FM at 2.45pm on such radio plays can be continued,” Peceli EED (a German-based organisation). the same day, with questions and answers said. The play is titled “The Looting” and is from host Allen. Peceli says they continued talking about based on acts of looting, terrorizing and The Hindi version of the play was aired issues raised by the radio play on the early destruction of property of some Indo-Fi- on FBCL’s Radio Fiji 2 at 2.15pm on Sun- morning breakfast shows. One feedback jian families living in Muaniweni in May day 4 April. Programme host Shaleshni Sen they received from listeners was: “why dig 2000, by fellow indigenous Fijians. The interviewed Mosmi Bhim and the play was up something again from the past”? Other play has five scenes, nine major and five well received by listeners. Indo-Fijian lis- listeners’ feedback was that we need to be minor voice characters. teners, particularly from rural areas called. constantly reminded about how bad things “For some people, listening to the play gave got in 2000. Below are the English translations of some them an opportunity to discuss the events of the comments by listeners: “the pro- The recording for CCF’s second radio play that have happened and an opportunity to gramme was very good and well produced. on the theme ‘Racism’, finally got share how worried they are about how bad (continued on page 7) Conciliation Resources visit CCF in March Conciliation Resources (CR), the London- According to CCF Project based partner organisation of the CCF, Manager Ciaran O’Toole, recently sent two representatives to visit the two main purposes for CCF as part of an annual programme. the CR visit was: firstly on CR has been a partner of CCF for the last the practical project man- seven years and their representatives Andy agement level to help CCF Carl and Craig Collins visited CCF from finalise the monitoring 2-6 March 2009. CR is an international non- and evaluation element of government organisation (NGO) that fo- CCF’s ‘Strengthening Fi- cuses on worldwide peace building initia- ji’s Democracy’ pro- tives. gramme; and secondly to enable them to meet key In September 2008, CCF received a UK people and gain a better Department for International Develop- understanding of the Fiji ment (DFID) funding as part of a world- political situation. wide CR project. This funding further Andy Carl (left) and CCF Finance Officer Lillian Thaggard, at a strengthened the relationship between CR “They met with diplo- dinner organised for their visit. and CCF. The funding to CR is for a glo- mats, political parties and bal project that supports partner NGOs NGOs. Their visit to sation’s programme and outlook. It is ex- working for change in governance towards CCF, as with every visit from CR, brought pected that such visits will occur at least sustainable peace. fresh ideas and perspectives to our organi- twice per year,” Mr O’Toole said.

Tutaka Volume 3, Issue 2, May 2009 3 Sampari: a star for celebration against racism By Marie-Pierre Hazera It was called “Act of Free Sampari – ‘the Morning Star’ - is Choice”, but re-named later by the name the independence flag the West Papuan “Act of No of West Papua, a region that re- Choice”, as only a handful of male mains colonized by Indonesia. voters carefully handpicked by Ja- karta were allowed to vote. This is why Damien Faure and Jérome Bonnard, two French The result of this flawed referen- filmmakers, chose to call their dum, of course, only confirmed documentary on West Papua: Indonesia’s annexation of West Sampari. Papua, which became an Indone- sian province. This year, the Citizens’ Consti- tutional Forum (CCF) and the For the past 40 years since the ref- Pacific Concerns Resource Cen- erendum, the West Papuans have tre (PCRC) jointly celebrated the not stopped calling on the inter- International Day for the Elimi- national community for a review nation of Racial Discrimination of the Act of No Choice. by screening Sampari at the Suva The Indonesian military has a Civic Centre on 26 March 2009. strong presence in West Papua Professor Vijay Naidu, a director and is closely linked to the com- panies that exploit the riches of of CCF and Tupou Vere, Direc- The Sampari flag is seen here in a protest by West Papua asylum tor of PCRC, introduced the seekers in 2006. Photo source: http://www.indybay.org/ the abundant natural resources of documentary to an audience of newsitems/2007/07/07/18433905.php the country: mineral resources, forestry, and fisheries. The mili- approximately 80 people including diplo- documentary and requested CCF CEO tary behaves like an occupying power: de- matic representatives. Reverend Akuila Yabaki not to have it taining people, imprisoning them, some- shown again. Mr Guritno commented that In his introduction, Prof Naidu reminded times torturing and even killing them. This screening of such a movie might jeopard- the audience that colonisation was one of has been endemic in West Papua. One ize the good mutual relationship that In- many manifestations of racism. In the Pa- typical situation that triggers this kind of donesia and Fiji were enjoying. Rev Yabaki cific, unlike other parts of the world, colo- repression is the simple raising of the suggested that Mr Guritno may be able to nisation is not a thing of the past but still a Sampari flag. reality, Prof Naidu said. make available to CCF a movie that docu- ments the opposite A whole transmigration programme has view. been put in place. Jakarta has relocated tens of thousands of people from Java to West Sampari tells the Papua. The Javanese have quite a different story of the tireless culture and have now progressively lobbying efforts of marginalized the West Papuans who feel Viktor Kaisiepo to discriminated, humiliated and dispossessed the United Na- of their land and natural space. As men- tions in New York tioned in the documentary, they miss out for recognition of on basic services like education and health the UN’s role in care. Indonesia’s an- nexation of West Peaceful resistance has been organised in Papua in 1969 and West Papua. In an attempt to defuse ten- for UN assistance sions, a special autonomy law was passed to achieve the self- by the Indonesian parliament in 2001. determination that This special autonomy was supposed to the West Papuans give more power to West Papuan authori- were robbed of, at ties and also a share in the benefits from Pictured at the screening of ‘Sampari’ are (from right): Prof Vijay that time. the exploitation of the mines. However, it Naidu, Ciaran O’Toole and Ms Tessa Mackenzie from CCF and Ms has never been implemented. Tupou Vere from PCRC. In the early 1960’s, West Papua was Kaisiepo reminds us of the responsibility The sensitivity surrounding the efforts by well on the way to become an independent of the United Nations in the Indonesian West Papuans for independence from In- country. takeover of West Papua. “Our plight donesia, is demonstrated by the visit to the However, the UN allowed for West Papua started with the United Nations, it has to CCF office by His Excellency Mr to be arbitrarily put under Indonesian ad- be solved with the assistance of the United Franciscus Guritno, Ambassador of the ministration. In 1969, Indonesia organised Nations,” he says. And he is adamant that, Republic of Indonesia, following the a referendum on independence with the “The Sampari is the flag the West Papuans screening of Sampari. United Nations turning a blind eye on the one day will see at the United Nations.” Mr Guritno expressed concern about the fact that this referendum was flawed.

4 Tutaka Volume 3, Issue 2, May 2009 Life changing learnings from Colombia By Rev Akuila Yabaki This article was written by Rev Yabaki after participating in the “Peace for Life (PfL) Sec- ond People’s Forum “Without Fear of Empire: Global People’s Resistance”, conducted in Bo- gota, Colombia, from 20-23 March 2009. The event was organized in partnership with Co- lombian NGOs led by Proyecto Justicia y Vida and a consortium of Colombian NGOs and social movements. Other local organizations, including progressive Christian groups like Red Ecumenica, were also represented at the Forum. Sixty-two international delegates from 22 countries and more than 300 local activists participated in the event. Participants adopted the ‘Bogota Declaration 2009 - Faith and Re- sistance for Peace and Life in the Age of U.S./ Global Empire’. My immediate impression is that this trip Rev Yabaki outside a demonstration in Cali, Colombia, where three Colombians had been on hunger strike for more than 145 hours (6 days) to oppose privatisation of this city. to Colombia is a life changing experience. It is inspirational. For me it has led to an Most governments in Latin America today privatization. Women, children and the affirmation of faith that the world can be are controlled by small elites or oligarchies aged are being displaced. In particular, the changed for the better if only people of and much of the opposition comes from indigenous and Afro-Colombian commu- faith (here, I do not exclude people who other elites. So to understand political, so- nities are being displaced and dispossessed may have no religious faith) believe in cial and economic processes in Latin from their land. themselves that the world can be changed America, one must understand the elites. There is impunity for killers and there is a and dig deep into themselves to find com- These are those positions in society which mounting move to take President Alvaro mitment and strength to fulfill the vision are the summits of key social structures. Uribe to the International Court of Jus- of a better world. By a better world, I mean The Bogota Declaration of March 2009 tice to stop such impunity. where there is justice for the poor and op- explains the Colombian situation further: pressed, and peace for everyone. At the end of the conference, participants “Colombia today is burdened by the night- had a choice of two separate field trips. I Much of the strengthening of commitment mare of more than 50 years of armed con- chose to visit Cali, the third largest city in I find comes from the indigenous commu- flict, as guerrilla groups have waged an Colombia. There we met and expressed nities, the Afro-Americans, the workers in ongoing struggle against unjust Colombian solid support to three people who were on their various organized unions, and the governments. hunger strike for 145 hours. They oppose a non-organized men and women who have “The present government exploits this privatization which involves transfer of no human rights in Colombia, but who long-standing conflict to advance the spe- ownership from the city of Cali to direct have clear goals for peace and justice. cial interests of its elite, the 3 percent of control under President Alvaro Uribe’s the population who owns over half of Co- nuclear family. lombia’s arable land. The conflicts inside Democratic security is only for the rich the country are many and complex, but we who use paramilitary forces; the military lift our cry especially against the U.S. glo- live in luxurious houses. bal empire, which, often with Europe’s complicity, endlessly multiplies the peo- There is some hope today, as the power of ple’s pain,” the Declaration states. the US global empire is in decline due first to its internal economic crisis and the un- The conflict is political and internal but also yielding resistance of victimized people in exacerbated by the external interest of US Iraq, Afghanistan and Palestine. global empire. There are also rival powers in the world Internal legislations are made inflexible such as China, Russia and especially the within Colombia to suit the greed of the new governments brought to power by the select group of the G-8 countries who have, peoples’ movements across Latin America through their transnational companies, ex- (for example: in Venezuela, Brazil and propriated insensitively Colombia’s natu- Bolivia). ral resources, while exploiting its workers. Against this background, the US is mak- The fifty participants at the Second Glo- ing a last ditch, desperate and brutal assault bal Forum witnessed the struggle against on the people of Colombia, in order to se- mindless privatization of the basic re- cure a hold over the Americas and by ex- sources of water, sewerage, electricity and tension, over the entire world. The US is telecommunication. seeking to strengthen its strategic position There were 1000 people killed in Cali and in Colombia, which is located between This young Colombian man has been on a further threats to kill more people who Panama and Venezuela, Brazil, Ecuador hunger strike for 145 hours. stand in the way of the relentless urge for and Peru.

Tutaka Volume 3, Issue 2, May 2009 5 Qarase v Bainimarama appeals ruling SUMMARY OF JUDGMENT OF 8. In our opinion the only appropriate ing, in these proceedings, with the validity THE FIJI COURT OF APPEAL IN course at the present time is for elections of any acts of the Interim Government. QARASE v BAINIMARAMA to be held that enable Fiji to get a fresh The cases recognise that acts done by those 1. On 5 December 2006 the First Respond- start. actually in control without lawful author- ent Commodore Josaia Voreqe 9. In order to issue writs for elections the ity may be recognised as valid or acted upon Bainimarama (“the Commander”) being President requires the advice of the Prime by the courts, with certain limitations, in- Commander of the Republic of Fiji Mili- Minister under s.60 of the Fiji Constitu- cluding that they are reasonably required tary Forces (RFMF) purported to assume tion. Although on one view the power of for the ordinary orderly running of the the office of and to dis- the President to appoint a person as a care- State. As all the parties agreed, it was not miss the Prime Minister Mr Laisenia taker Prime Minister to advise a dissolu- in anyone’s interest for the Court to de- Qarase (“Mr Qarase”). He then appointed tion of the Parliament and the issuance of clare that all legislation proclaimed since an interim prime minister, who advised him writs for an election only applies where a January 2007 was invalid. Until those mat- to dissolve Parliament, and on 6 December Prime Minister has been validly dismissed, ters are considered and ruled upon by the 2006 the Commander purported to do so. we are of the view that it can also cover Courts it must be assumed that the acts of circumstances such as this where the Prime the Interim Government are lawful and 2. On 5 January 2007, the Commander pur- valid. ported to stand down as President. The Minister has been validly appointed in his President, Ratu Josefa Iloilovatu Uluivuda, place. 13. We do however propose to grant a dec- then purported to ratify and confirm the 10. These principles would at least enable laration to the effect that the dismissal of actions of the Commander and the RFMF the President on the advice of an Interim Mr Qarase and the other Ministries of his up until 4 January 2007, and he appointed Prime Minister to dissolve Parliament and Government and the dissolution of Parlia- the Commander Prime Minister of an In- to issue writs for fresh elections under sec- ment was unlawful and in breach of the Fiji terim Government, and announced that tions 109 and 60 of the Fiji Constitution in Constitution and that the appointments of until elections were held legislation would circumstances (a) where the Prime Minis- the Commander as Prime Minister and his be made by promulgation. ter had ceased to hold office in circum- Ministers were not validly made. 3. Mr Qarase brought proceedings challeng- stances not contemplated by the Fiji Con- 14. We also propose to declare that it would ing the validity of his dismissal and the dis- stitution (b) where he had resigned with- be lawful for the President to appoint a solution of Parliament. out a successor being appointed and (c) person as Interim Prime Minister, solely where no provision was made for that even- for the purpose of advising a dissolution of 4. On 9 October 2008, the High Court tuality in the Fiji Constitution. To this lim- the Parliament and to give advice to the made a number of declarations. These in- ited extent, we believe we can take cogni- President that writ for the election of mem- cluded that the decision of President Ratu zance of the principle of necessity or the bers of the House of Representatives be Josefa Iloilovatu Uluivuda to ratify the dis- de facto doctrine for the purposes of these issued. missal of Prime Minister proceedings. and the dissolution of Parliament were valid Declarations and Orders and lawful acts in the exercise of the pre- 11. Whilst of course we are not in a posi- 15. The Court hereby: tion to govern the exercise by the Presi- rogative powers of the Head of State to act (1) Declares that: for the public good in a crisis. Mr Qarase dent of his discretion, it would seem to us and others appealed that decision to this that it would be advisable for the President (a) the assumption of executive authority Court. to overcome the present situation by ap- and the declaration of a State of Emergency pointing a distinguished person independ- by the First Respondent; 5. The Court is of the opinion that if such ent of the parties to this litigation as In- prerogative powers continued to exist af- (b) the dismissal of the First Appellant terim Prime Minister, to advise a dissolu- from the Office of Prime Minister and the ter Fiji became a republic, they did not con- tion of the Parliament, assuming it is not tinue to exist in Fiji after the 1997 Consti- appointment of Dr Jona Baravilala already dissolved, and to direct the issu- Senilagakali as Caretaker Prime Minister; tution. ance of writs for an election under s.60 of 6. The powers of the President are those the Fiji Constitution. This would enable (c) the advice that Parliament be dissolved vested in him by the Constitution and the Fiji to be restored to democratic rule in ac- by Dr Senilagakali; purported dismissal of Mr Qarase as Prime cordance with the Fiji Constitution, and (d) the order by the First Respondent that Minister and the dissolution of the Parlia- quash any arguments about the legitimacy the Parliament be dissolved; ment were not in accordance with the Con- of Mr Qarase’s Governments or the Re- (e) the appointment on 5 January 2007 of stitution and therefore the dismissal and public as currently constituted. In recom- the First Respondent as Interim Prime the dissolution were unlawful. mending this course, we are also fortified Minister and of other persons as his Min- 7. However there is a very real question by the public statements of both the Presi- isters by President Uluivuda; dent and the Commander that the mandate whether Mr Qarase remains the Prime (f) the purported Ratification and Valida- of the Interim Government was to uphold Minister of Fiji, notwithstanding that he tion of the Declaration and Decrees of the the Fiji Constitution and that the Interim has not formally resigned. Moreover al- Fiji Military Government Decree of 16 Government was anticipated to take the though we are of the view that his dismissal January 2007, subsequently renamed as a people smoothly to the next elections. We and the dissolution of Parliament were Promulgation of the Interim Government urge the parties to these proceedings to co- invalid, at this point in time it is difficult of the Republic of Fiji, by which decree operate with that process. to ignore the fact that, however invalid, President Uluivuda purported to validate those events have occurred. 12. We make it clear that we are not deal- (continued on page 8)

6 Tutaka Volume 3, Issue 2, May 2009 Submission by CCF on Indigenous Rights

The Citizens’ Constitutional Forum without discrimination; and respect for minority groups, (CCF) made a submission on the 2007 • the right to access, where possible, edu- multiculturalism and gender equality; Declaration on the Rights of Indigenous cation in their own culture and language. • Ensuring the education system rewards Peoples on 18 February 2009. CCF’s submission highlighted problems in performance based on merit; CCF made the submission in response to Fiji such as the performance gap between • Addressing the key factors (such as pov- an invitation by the office of the United indigenous and non-indigenous students erty) which contribute to the early discon- Nations High Commissioner for Human and the drop out rate of indigenous stu- tinuance of studies; and Rights (UNHCHR). dents at higher levels of education. • Encouraging the integration of schools The annual topic for this report was “Les- Key proposals to achieve the implementa- to raise multicultural awareness and reduce sons learned and challenges to achieve the tion of the rights of indigenous peoples to racial discrimination. implementation of the Rights of Indig- education included:- enous Peoples to education”. “CCF encourages the implementation of • Having an effective, means based affirma- an education system that promotes indig- Submissions were required to address Ar- tive action program that is non-discrimi- enous rights consistent with a human rights ticle 14 of the declaration which provides natory; based approach, and our submission was for:- • Addressing the funding gap between ru- directed to this issue,” CCF legal officer, • the right of indigenous peoples to estab- ral and urban schools; Kate Schuetze commented. lish and control their educational systems The full text of CCF’s submission to the and institutions; • Educating on indigenous rights in the context of other human rights; including UNHCHR is available on the CCF • the right to access all levels of education website: www.ccf.org.fj . Community workshops in 2009 Radio Play “The Looting” (continued from page 3) (continued from page 2) said. “The concept of Consti- We need to have more such programmes.” tution was separated from “If these problems of looting and terroris- Human Rights and roped into ing of Indo-Fijians could be solved, then our training module as a sepa- there would be no need for migration of rate topic after concern was Indo-Fijian people overseas.” expressed by participants that “I live in a village where Indian and Fijian they had little understanding people live together. We share everything of it; let alone having ever seen and help and respect each other. We don’t the Fiji 1997 Constitution.” have the problems of racism in our area that Similar concerns on the Con- is portrayed in the play.” stitution were received from “Yes, we Indo-Fijians also need to teach other communities. Almost all our children not to be prejudiced against participants had never seen Fijians. We need to respect each other and Participants at the workshop in Kalabu, Naitasiri. any of Fiji’s past three Con- not say bad things about people of the other stitutions. “The publication by CCF of a Lack of human rights awareness and train- race when they are not there.” simplified version of the 1997 Constitution ing from rights advocates to grassroots Host Shaleshni also interviewed Mosmi as was handy to them. A few people in com- were mentioned as the contributing factor a guest for the Yuva (youth) radio pro- munities where we conducted workshops to misinterpretations and misconceptions gramme. The Hindi version of the play was after the abrogation of the 1997 Constitu- about human rights in village communities aired for a second time on FBCL’s Radio tion, raised their disagreement of its abro- we visited. Responsibilities while exercis- Mirchi at 8pm on Monday 6 April. gation and asked where Fiji was heading ing rights were emphasized, Bulutani said. to without a Constitution and a democratic The Fijian version of the play was aired on “Another area that took a lot of clarifica- government,” Bulutani explains. FBCL’s Bula FM station at 2.30pm on Sun- tion was citizenship, especially for indig- day 12 April. It was aired for a second time Human rights topics continued to gener- enous communities, when it comes to de- on FBCL’s Fijian station Radio Fiji 1 at ate a lot of interesting discussions among fining a citizen of Fiji. They had this per- 7.30am on 13 April - Easter Monday. The participants in all workshops. Interestingly, ception that only indigenous Fijians are broadcast of the play was followed by an almost all communities have some prior citizens of this country. A key message to interview of Rev Yabaki. knowledge of human rights. Most of them all communities and participants was their The “Looting” will be aired again on the heard of human rights through media, word act of citizenship,” Bulutani explains. of mouth and a few had attended some above stations in July 2009. It is also due to Good governance also was a new term to workshops on human rights. Basic rights be broadcast once on the Hindi and Fijian participants. “Most managed to connect such as rights of women, rights of the child, radio stations of Communications Fiji Ltd. some principles of good governance to their and the right to education were highlighted The play aims to raise people’s awareness traditional leadership and they easily iden- in the pre-assessment questionnaires. Most of why racist activities are a violation of tified bad governance or absence of good indigenous participants raised their con- human rights and a crime and teach people governance principles at existing leadership cern over the clash of human rights and how to prevent acts of racism. levels in our country,” Bulutani said. traditional structures.

Tutaka Volume 3, Issue 2, May 2009 7 Universal human rights continue to exist In the period of uncertainty following the ied or replaced through the procedures out- rights may not be derogated, even in a state abrogation of Fiji’s 1997 Constitution on lined in that Chapter,” CCF Chief Execu- of emergency: April 10 2009, the Citizens’ Constitutional tive Officer Rev Akuila Yabaki said. - Right to Life Forum (CCF) advises residents that their “The April 9 Court of Appeal ruling stated human rights continue to exist as these are - Freedom from Cruel or Degrading that until any promulgations or decrees are Treatment guaranteed under the Universal Declara- tested in a court of law, people should con- tion of Human Rights (UDHR). sider them lawful and valid. - Freedom from Unreasonable Searches or Seizure From April 10, the Public Emergency Regu- CCF therefore advises citizens to respect lations were activated by decree for 30 days any promulgations or decrees until they are - Rights of Arrested, Detained or Charged in Fiji, resulting in censorship of the news declared invalid by a court,” Rev Yabaki People media and restriction on some human said. - Right to a Fair Trial and Access to Courts rights, such as a ban on political rallies and or Tribunals the requirement of a police permit for pub- Human rights continue to exist because lic events involving a gathering of people. these are guaranteed in the UDHR which - Freedom of Religion and Belief was proclaimed in 1948. These emergency regulations have been - Right to Vote by Secret Ballot extended for another 30 days from May 10. However, in order for human rights to be - Right to Equality Before the Law and not adequately protected, there must be a fully to be Discriminated Against “The current interim regime is not recog- functioning, independent judiciary in place, nising the existence of the 1997 Constitu- Rev Yabaki said. - Right to an Education tion. However, according to Chapter 15 of CCF advises that the following human - Protection Against Compulsory the 1997 Constitution, it can only be var- Acquisition of Property. Qarase v Bainimarama appeals ruling Release on CSOs (continued from page 1) (continued from page 7) CSOs. The government should publicly and confirm the dis- explain the need to release these prison- missal of the First Ap- ers,” Rev Yabaki said. pellant as Prime Min- ister of Fiji, the ap- CCF is concerned there is no opportunity pointment of Dr for judicial review of the decision to release Senilagakali as Care- the prisoners as there is no High Court. taker Prime Minister CCF is alarmed that the Interim Govern- and the dissolution of ment is behaving in a partisan manner and Parliament; giving preferential treatment to soldiers and police men who support the regime. The were unlawful acts un- Qarase government had released 10 people der the Fiji on CSOs, who had been convicted for of- Constitution. fences of unlawful oath, unlawful assem- (2) Declares that in the bly, possession of firearms and wrongful events that have oc- detention, in relation to the May 2000 coup. curred it would be law- Seven of those released were chiefs, two ful for the President QC Dr Melissa Perry making the submission to the Court of were former army officers and one a poli- acting pursuant to sec- Appeal, on behalf of CCF on April 7 2009. tician. CCF successfully challenged the tion 109(2) of the Fiji early release of former Vice-President Ratu Constitution, or as a matter of necessity, the issuance of writs for the election of under a CSO on supposed to appoint a caretaker Prime Minister to members of the House of Representatives. medical grounds after his conviction for advise a dissolution of the Parliament and taking an unlawful oath. The Court found The Appellant a perception of bias in the government’s former Prime decision to release him early. Minister Laisenia Qarase (middle) “CCF is alarmed that the military is mak- at the Court of ing a mockery of the justice system in a Appeal hearing similar manner as the Qarase government. with supporters Commodore Voreqe Bainimarama as Care- former Home taker Prime Minister and Police Commis- Affairs Minister sioner Esala Teleni are blatantly disregard- Mr Josefa Vosanibola (left) ing respect for justice by these acts of fa- and former MP vouritism for army and police officers,” Rev from the CAMV Yabaki said. party Mr “The Military has not learnt any lesson Samisoni from the way the law was disrespected in Tikoinasau (right) who is 2000. This will set a bad example to young also George people and it will definitely send the wrong Speight’s brother. message to soldiers,” Rev Yabaki said.

8 Tutaka Volume 3, Issue 2, May 2009