OnlineOnline 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 Fiji’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 Ratu 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.