#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Khaiyum insists latest Fiji decree 'realistic and balanced'

Friday, September 9, 2011

Khaiyum insists latest Fiji decree 'realistic and balanced'

SMUG OPERATORS: The bomb maker and his Tourism and Air Pacific buddies.

 
Khaiyum introduces new decree saying sugar industry could be included later if necessary
 
(Friday 9th September 2011, No:1739/AG) Regulations Name Labour Decree’s “Essential Industries”; Goal to Protect Jobs and Economy

Attorney-General Aiyaz Sayed-Khaiyum today announced the implementation of the Bainimarama Government’s Essential National Industries & Designated Corporations Regulations 2011.   The Regulations declare essential national industries and corporations deemed vital to the economic well-being and security of Fiji.  The terms of the Essential National Industries (Employment) Decree 2011, gazetted in July, will now govern the labour laws of the declared enterprises, ensuring the viability and sustainability of these industries whilst protecting fundamental workers’ rights.  The regulations are scheduled to take effect immediately.


“The Decree and its Regulations set forth realistic and balanced requirements for both employers and labour representatives.  The purpose is to help create growth and long-term viability for companies essential to Fijians and, in doing so, protect jobs and ensure fundamental workers’ rights.  As other developed countries with similar labour laws governing essential industries have demonstrated, these are not mutually exclusive goals,” said Mr Sayed-Khaiyum.


The industry sectors included in the Regulations are limited to those deemed essential to Fiji; therefore, it is in the best interest of Fijians to prevent disruptions to their operations.  Those included are Fiji’s financial, telecommunications, civil aviation and public utilities industries.  With the exception of four foreign-owned banks, the Regulations do not apply to the private sector.  The Attorney-General confirmed that the list of industries covered by Decree will be kept under review and updated as necessary to take into account an objective of the Decree to ensure the viability and sustainability of essential industries.


Mr Sayed-Khaiyum noted that the Regulations are deliberately limited in scope and do not pertain to industries such as the garment, mining, retail and other industries.  “Excluding these industries supports Prime Minister Commodore Voreqe Bainimarama’s commitment to improve the wages and working conditions for those workers who may find themselves on the margin of poverty and who are working toward a better life for themselves and their families,” he said.

“The Bainimarama Government takes providing for and protecting workers’ rights very seriously,” Mr Sayed-Khaiyum said.  “So there is no misunderstanding or room for misinterpretation, it is important to emphasise that among the rights protected and extended to workers of industries provided for in the Decree include the right to organise and form unions, the right to vote in secret ballot elections, the right to strike, the right to collectively bargain and the duty of corporations and labour unions to renegotiate bargaining agreements in good faith; the right to a well-defined dispute resolution process; and the right to receive overtime pay.” 

“In support of the great strides Fijian workers have made in recent times, Fiji’s employment laws today provide our people with genuine protections and benefits.  These range from a guaranteed minimum wage to annual, maternity and sick leave to guaranteed holidays to strong and enforceable child labor protection laws.” Mr Sayed-Khaiyum noted.

In relation to this Mr Sayed-Khaiyum noted that the government is constructively engaging with organisations such as the International Labour Organisation.

“As Fijian’s prepare to take the necessary steps to vote in the country’s Parliamentary Elections in 2014, it is our intention that they continue to benefit from the fundamental guarantees to essential human rights and employment protections recognised by principled governments and labour and social organizations the world over.   We are working hard to ensure these rights and look forward to working with our declared industries and their labour representatives to promote them.

“On a related note, we are pleased to have announced this week that our plan to register Fiji’s some 660,000 eligible voters is on track.   A call for expressions of interest for the registration of voters through an electronic voter registration system was issued.  The plan calls for the effort to commence in January and conclude by the end of June next year,” Mr Sayed-Khaiyum added.

Whilst issuing today’s announcement, Mr Sayed-Khaiyum stressed that the government recognises that the success of Fiji depends on the need to attract and retain businesses, create jobs and improve the economy.  “Good progress is being made, and there is still more work to be done.  We appreciate the support of the Fijian people as we move forward together,” he observed.

The Industries and Designated Corporations listed in the Essential National Industries & Designated Corporations Regulations 2011 are as follows:



ESSENTIAL NATIONAL       DESIGNATED CORPORATIONS
INDUSTRY       
 

1. FINANCIAL INDUSTRY   (i)Australia & New Zealand                                                    Banking Group
                                          (ii)Bank of Baroda
                                          (iii)Bank of South Pacific
                                          (iv)Westpac Banking Corporation
                                          (v)Fiji Revenue & Customs 

                                              Authority

2.TELECOMMUNICATIONS   
(i) Fiji International
   INDUSTRY                              Telecommunications Limited
                                               (ii) Telecom Fiji Limited
                                               (iii) Fiji Broadcasting                                                            
Corporation Limited

3.     CIVIL AVIATION               (i) Air Pacific Limited
        INDUSTRY        

4.     PUBLIC UTILITIES        
(i) Fiji Electricity Authority
        INDUSTRY                    (ii) Water Authority of Fiji
                       
(Friday 9th September 2011, No:1742/AG) Essential National Industries & Designated Corporations Regulations 2011 Announcement

Frequently Asked Questions


Q1:     By definition, the sugar industry in Fiji must qualify as an “essential industry.”  Why has it not been named in the Regulations?

A1:      It is not to say the sugar industry, or any another industry meeting the criteria of the Decree, might be added at a later date.  The Regulation’s list of industries will be kept under review and updated as necessary to take into account a key objective of the Decree to ensure the viability and sustainability of essential industries.   Our sugar industry is currently devoting its full energies to the crushing season.  It would not be productive to possibly interrupt its efforts.


Q2:     Did the declared corporations have input in the Decree and did they lobby to be included in the Regulations?

A2:     Consistent with virtually every other government, we are lobbied for new laws or amendments to existing laws – that is to be expected; it is how the process works.  The government is keen to understand from the international and domestic business communities how it can support creating a climate that fosters economic growth and job creation.    As such, we constantly seek and evaluate input, as we did with the development of this Decree.   It is the responsible thing to do.

On the lobbying question:  Some designated corporations did lobby for inclusion and were so declared only because they met the Decree’s very narrow and well-defined set of national and economic interest criteria.   Others have lobbied to be included and have not been accepted.  (We will not be releasing the names of these enterprises.)

Q3:     Other industries likely will clamour to be included in the Decree.  Are concerns founded that the Government will progressively extend its scope?

A3:     No.  This is not the intention, and it would not be permitted by the Decree itself.  The Decree may only cover companies within industries that are vital to the Fiji economy, or in which the Government has a majority and essential interest.  It will not apply to the vast majority of employers in Fiji.

Q4:     Is it true, as some have alleged, that the Decree will be “extended to cover all unions in all sectors of Fiji’s economy”?

A4:     No.   The Regulations only pertain to those industries deemed vital to Fiji’s economic well-being.  With the exception of three banks included in the financial industry sector, the Regulations do not extend to the private sector.  Moreover, industries such as Fiji’s garment, mining and retail industries, for example, are deliberately not included.   This supports the Bainimarama Government’s commitment to improve the wages and working conditions for those finding themselves on the margin of poverty.

Q5:     Are concerns valid that the Decree effectively abolishes trade unions and bans professional trade unionists in Fiji?

A5:     Absolutely not.  The Decree does not abolish trade unions, but reaffirms their right to exist and to bargain on behalf of workers.  It provides for employees to organize and join a union, if that is what they want.  It establishes ground rules for ensuring that a majority of the relevant workers who want to be represented by a trade union may do so through secret ballot elections.  It also allows professional trade unionists, who may advise their members in negotiations with an employer.  But it allows employers in designated corporations the right to negotiate directly with their own employees rather than with an external third party.

Q6:     Does the Decree run counter to the Government’s People’s Charter, which commits to upholding a just and fair society and social justice?

A6:     The Decree is consistent with the People’s Charter by upholding fundamental rights and at the same time seeking to promote both economic and social justice in the interests of all the people of Fiji.  It upholds such fundamental workers’ rights as the right to organise and form a union, the right to a secret ballot election, the right to collectively bargain, the right to dispute resolution and the right to strike.

Q7:     Is there any foundation to the claim that the Decree bans overtime pay for workers in a 24/7 operation?

A7:     No, the Decree does not ban overtime.   The Decree unequivocally provides for payment of overtime, as mutually agreed to by the parties, for work performed on Saturdays, Sundays or public holidays.  This is the approach to overtime pay in many other countries.

Q8:     Does the Decree take away workers’ rights to collectively bargain through unions?  If so, doesn’t it blatantly violate ILO Conventions?

A8:     The Government does not agree that the Decree breaches ILO Conventions on freedom of association and the right to collective bargaining.  Fiji has ratified those Conventions and upholds them.  The Decree makes the exercise of those rights subject to certain conditions and restrictions, as does the law in virtually every other country.

The Decree plainly states that the principles of good faith as set out in Division 1 of Part 16 of the Employment Relations Promulgation 2007 shall apply to all negotiations and interactions between the employer and the registered representative under the Decree.

A requirement to bargain in good faith is common to many jurisdictions, and it is right that this is included in the Decree.  The principles of “good faith” are set out in detail in the Employment Relations Promulgation 2007, and the Decree applies them to negotiations between employers and worker representatives in designated corporations.  They include for example, timely meetings, consideration of and response to proposals by either party, provision of necessary information, and not undermining the other party.


Q9:     Does the Decree remove workers’ right to strike, as some have claimed?

A9:     No.  The Decree upholds the fundamental principle that workers may strike.  Just as many other countries do, it makes it subject to certain conditions, including providing employees with a vote in favour or against it.   Other countries ban strikes outright in certain essential industries, e.g. the US, UK, Germany and France.

Q10:   Are employers allowed to impose terms and conditions on workers?

A10:   A due process must be followed as set out in the Decree, involving good faith negotiations for at least 60 days in the case of a replacement agreement.  Only after that would an employer have the right to implement new terms and conditions.  Employees would have the right to appeal to the Minister for a review of the new terms.

Q11:  Does the Decree provide for a meaningful dispute resolution process?

A11:  The Decree requires employers and workers or their representatives to exert every reasonable effort to settle disputes, and requires employers to establish a dispute resolution process as part of any collective agreement.  Therefore, the Decree empowers the workers and employers to establish their own distinct rules and procedures for resolution of their specific employment disputes. Given that the process of resolution of disputes will be tailor-made by the workers and the employers themselves, this should facilitate amicable resolution of any employment disputes between the workers and employers. Any unresolved disputes involving an issue of over F$5m may be referred to the Minister for determination.

Q12:  Some have complained that the penalties provided for in the Decree are excessive.  Does the Government believe these concerns have merit?

A12:  The point of having stiff penalties is for them to act as an effective deterrent. Rightly there are significant penalties for individuals or organisations that ignore the provisions of the Decree and attempt to disrupt operations in an essential national industry.  The impact of such illegal action could be devastating to the companies concerned and could affect tens of thousands of Fijians. There needs to be an effective deterrent against actions for personal gain that could have such impact on others and on the Fijian economy.

Q13:  What is your response to the claim that the Government has wiped out decades of advances for its workers?

A13:   In support of the great strides Fijian workers have made in recent time, the Fijian Government’s labour and employment protection benefits are responsible, comprehensive and genuine.  The Fijian Government takes seriously the need to balance the well-being of Fiji’s economy and its ability to provide jobs with the intent to improve the quality of life for all Fijians and, importantly, to uphold justice and promote fundamental workers’ rights.  We do not believe these are mutually exclusive goals.  We continue to strive to ensure our body of employment and labour laws uphold our duty and commitment to the Fijian people.  Meanwhile, trade unions cannot be allowed to hold essential industries ransom by blocking changes to terms and conditions and taking damaging strike action with impunity.

Moreover, this claim is contradictory to the Fijian Government’s demonstrated commitment.  Fiji is a member of the ILO and ratified Convention 98 in April 1974 and Convention 87 in April 2002.

(Friday 9th September 2011, No:1740/AG) Essential National Industries & Designated Corporations Regulations 2011

FACT SHEET Scope of the Decree


The Decree is limited to essential national industries.  Only companies within industries that are vital to the Fiji economy, or in which the Government has a majority and essential interest, may be brought within scope of the Decree.  It will not apply to the vast majority of employers in Fiji.

It is incorrect to claim that the Decree will be “extended to cover all unions in all sectors of Fiji’s economy”.  This is not the intention, and it would not be permitted by the Decree itself.

Right to form and join a trade union 

The Decree upholds the fundamental right of workers in essential national industries to form and to join a trade union of their choice.   It is certainly not the case, as has been claimed, that the Decree “abolishes all existing trade unions in Fiji”.

In companies within essential national industries designated under the Decree, workers can still join a trade union, and have that union recognised for the purpose of collective bargaining if a majority of workers clearly want that.  Where that happens, the employer is obliged to recognize and negotiate in good faith with the union representatives.

Workers who do not want to be represented by a trade union must also have that freedom.  The Decree strikes a balance between the interests of all workers.

The Decree contains the concept of “bargaining unit” which is found in other countries’ laws including the US and UK.  The bargaining unit does not “replace trade unions” as has been claimed – the two are quite different concepts.  Trade unions will continue to exist and can represent workers within a bargaining unit in a designated corporation in accordance with the Decree.

Re-registration of unions
The Decree requires trade unions which represent workers within designated corporations to re-register, having gone through the balloting process set out in the law.  This ensures that such unions continue to enjoy the freely-given support of a majority of workers, and that workers who do not wish to be represented by a trade union have the opportunity to express that view.   The registration process is modeled on US labor laws and requires a secret ballot.

Trade union representatives
The Decree does not “outlaw professional trade unionists” as some have misleadingly claimed.  It requires that those who negotiate directly with the employer in designated corporations are employees of the company concerned, so that an employer may negotiate terms and conditions directly with its own employees who have a direct stake in the outcome, rather than with an external third party who may have a wider agenda of their own.

Trade unions can continue to employ staff.  Those staff can continue to advise workers’ representatives engaged in negotiations with their employers in designated corporations, but would not have the right to conduct those negotiations themselves.

Imposition of terms and conditions

The decree only allows an employer in a designated corporation to impose terms and conditions after it has conducted good faith negotiations for at least 60 days.  Where a new collective agreement is imposed, there is a right of appeal to the Minister for a review of its contents.  This is similar to the position in other countries, such as the UK where an employer may dismiss employees and re-engage them on new terms and conditions.

Overtime pay
Contrary to some misleading reports, the Decree does not “ban overtime” for workers in 24-hour operations.   Overtime pay can continue, as agreed by the employer in a designated corporation.   This is the approach to overtime pay in many other countries.

Check off
The Decree does not ban the system of check off in designated corporations, but allows employers not to operate it.  This is a common approach in many other countries, eg compulsory check off was abolished in the UK in 1993.  Compared with labour laws of other countries there is nothing unusual about it.

Restrictions on industrial action
The Decree upholds the fundamental right of workers to take industrial action in pursuit of their legitimate interests.  But as in many countries, this right is circumscribed in order to avoid damaging disruption to commerce.

Examples:
·         In the US, airline and railroad employees are prohibited from striking except in narrowly defined circumstances.   More generally, US law allows for a Presidential Review Board to review and intervene in the event of a potential strike that could seriously disrupt national commerce. Some individual States prohibit strikes by public sector employees.

·         In the UK, industrial action in a number of critical sectors is illegal or has been illegal in the past, eg prison officers, police, army, while there is currently debate (and strong public support) for banning strikes in essential services such as public transport.

·         In Germany planned strike action by airline pilots was prohibited by the courts in 2010.

·         In France a 2007 law on continuity of public service in terrestrial transport restricts industrial action by certain categories of public transport workers (eg train and bus drivers).

Dispute resolution
The Decree guarantees employees in designated corporations will have the right to various "dispute resolution" processes concerning disciplinary issues and contract interpretation issues (subject to a specified financial threshold). These are now required as a matter of law, not subject to the power game associated with collective bargaining.

Penalties
There are significant penalties for individuals or organisations that ignore the provisions of the Decree and attempt to disrupt operations in an essential national industry.  The impact of such illegal action could be devastating to the companies concerned and could affect tens of thousands of Fijians. There needs to be an effective deterrent against actions for personal gain that could have such impact on others and on the Fijian economy.

Other Countries’ Trade Laws
 

United States
Key elements of the Decree are modeled on US labor law – specifically, the National Labor Relations Act (NLRA), first drawn up in 1935.  Under the NLRA:
·         A labor union seeking to represent workers in a bargaining unit must obtain support (normally through authorization cards) from a least 30% of employees in the unit
·         The National Labor Relations Board (NLRB) will then conduct a secret ballot election in which a majority of the workers in the bargaining unit must vote in support of the union
·         The NLRB determines what is the appropriate bargaining unit
·         An election may not be held if a valid election was held in that unit in the previous 12 months
·         Employees represented by a union can petition to decertify the union, where they produce evidence that at least 30% of workers supports decertification.  The employer can also request decertification if he has substantial evidence that the union no longer has the support of a majority of the bargaining unit.

United Kingdom
·         Only in companies with 21+ employees do trade unions have a legal right to be recognised by employers for the purpose of collective bargaining.
·         The union must have the support of 40% of workers in a bargaining unit plus a majority of those who vote in a ballot, in order to be recognised by the employer.
·         A union has no right to recognition if there is already in place a collective agreement between the employer and another union covering the same bargaining unit. 
·         A claim for recognition may not be brought if the same union made a failed attempt for recognition within the past three years.
·         Statutory recognition is limited to bargaining on pay, hours and holidays only.
·         The legal right was introduced in 2000.  Prior to that trade unions had no legal right to recognition for bargaining purposes.
·         The UK is a founding member of the ILO and has ratified Conventions 87 on freedom of association and 98 on collective bargaining.  The UK has robustly defended its union recognition laws as compatible with ILO Conventions, in response to criticism of them by ILO Committees following trade union complaints.

Ireland has no system of statutory trade union recognition.  Recognition of unions for bargaining purposes is a purely voluntary system.

The European Court of Human Rights has held that the European Convention on Human Rights does not impose a requirement for compulsory collective bargaining, and the right to strike is not absolute and may be subject to certain restrictions

The Court of Justice of the European Union has ruled that right to strike can only be conducted under EU law where it pursues a legitimate aim and is justified by overriding reasons of public interest.  It should not be used to restrict freedom of movement and freedom to provide services across borders in the European Union.

51 comments:

Anonymous said...

Where in this decree, does it protect Fijis people from the crimes of banana and poobum.
-Treason...the theft of the peoples parliament.
-The theft of the peoples money by skimming large amounts from contracts into their personal accounts.
-The continued interference with the judicial process to have judges deliver the outcome/damage to persons that might be critical of the Junta.
-The bashing and torture of citizens who speak out against these criminal atrocities.
-The continued total censuring of the Newspapers and radio/Tv News and public interest reports.
-The murder of soldiers who object to the manipulation of the army sworn to protect the people.
...and the list goes on, and cannot be wiped away or hidden in history by decrees or bullying.
These crimes are known and documented and WILL be paid for.
The people are tired of this ongoing nonsense, it must be brought to an end.
-Sydney Tourist

mark manning said...

It's just occurred to me, as I read about the Lowy Institute's Poll on fijians alleged support for the Regime the wikileaks from the american Ambassador in 2006, the excuses the U.N. has made for not stopping the Peace Keeping, Aiyaz own Sunset clause in his thesis regarding the destruction of the Fijians Culture and Traditions and Institutions, the demise of Aboriginal Land Rights since the white man's arrival in Australia under the false pretext of Terra Nulius and the destruction also, of their Traditions and Culture and other various articles about which no action has been taken on behalf of the Indigenous population of Fiji, that Fijians don't stand a chance, unless they take matters into their own hands.

Anonymous said...

Blah blah blah.
Another crappy PER.
What is the role of this PER?
Its not going to help the economy at all.
In fact it will only increase poverty in Fiji
Poverty in Fiji is already 60%.
Next year it will be 80%
I flew with Air Pacific few weeks ago, service now worse than ever.
Well, what do we expect when the workers are anxious about losing their job.
Pfliger is tearing the airline apart and the two idiots running the country have no idea.

That's it , It's official, our country is run by Dumber and Dumber.

-Valataka na Dina.

MATAVUVALE said...

The Essential Industries Decree has been made for - Air Pacific and the FSC.

Air Pacific has made massive losses two years in a row - despite the fact that we have had bumper tourist numbers and maximum capacity on flights

FSC is upto its eyballs in debt and technically insolvent - its also made loss after loss after loss. despite the fact that the sugar prices were some of the best in the world over the last three seasons

this Decree is to cover up the THIRD RATE shoddy leadership at Air Pacific and FSC - this CEO of Air Pacific is pulling down close to a million in salaries and perks - and what is he producing ? he can't manage his own Human Resources issues and so he now goes and influences for a DECREE to give him all the powers backed by the Govt to "help him" in his job - what are we paying this guy millions for ? he can't even manage Air Pacific and his human resources issues

when has there been a strike at Air Pacific or the FSC over the last five years ?

so now we create a Decree specifically for this Air Pacific CEO who can't do his own job and manage his people - and we are paying this CEO guy close to a million for this ?

Anonymous said...

Imposing this Essential Industries thing in the hope that it will put workers into conditions where they work for low wages and restricted conditions in the hope that it will be the kind of panacea needed to get Air Pacific back on track is a delusion.

You don't attract and retain skilled staff by putting them to work under low wages and slave like conditions - thats the surest way of driving them to join your competition - and thats exactly whats going to happen to Air Pacific - these skilled engineers and pilots and airline crew will all move off to greener pastures....

All that will happen here is Air Pacific will lose its skilled people - they will go to where the money is better and the conditions of employment are better

MATAVUVALE said...

The economy is the key.

Once the economy went into disequilibrium, everything else followed.

The Essental Industries decree has happened because of two things (a) the policy decision which led to Air Pacific losing its market to the budget carriers - this was a policy decision by this Govt in 2007. the net effect of that decision is what we now see with Air Pacific today - and so they have decided that they need an Essential Industries Decree to get the airline back into profits by making everybody work at $1:60 an hour - how thats going to help Air Pacific ? nobody knows (b) the FSC fiasco with the mill restructure - and all the attendant mess with getting the wrong parts and all the rest of it - now they've got it running but its still not making money - and so they need the Essential Industries Decree to somehow fix it and make all the people there work at peanut salaries - how thats going to fix the FSC ? nobody knows.

But the net effect of all of these policy decisions from 2007 is what we now see here - reactionary decree by the Govt to cellotape the growing hole in the economy - and its now causing social disequilibrium within the broader society.

The economy continues to stutter and is now getting into seriously dangerous waters - because we are at the payment end of the cycle - all those debts the govt started with in 2007 are now coming due - and we've started defaulting already - the FS one is already in default to the Indians - we have to start paying our Bonds starting this September - and within the next 12 months we start paying Beijing for all the loans we took out five years ago to build the infrastructures

And this is serious because we are not making sufficient money to pay off these debts - our industries and our economy is not making the kind of money which will enable us to meet these debt repayments and have enough left over for us to continue to grow, let alone stay above water. its going to be a serious cash flow situation for us - its one thing the RBF making all these projections about growth - its another thing altogether having the cash flow to meet our obligations and enough to keep the machinery of the economy moving

The Decrees we are having now are all reactionary decrees - they are decrees which have arisen because of the situations created by the policy decisions made in 2007 and 2008 and 2009 - those situations take time to manifest themselves - there is a cycle - and its economic. we are seeing the outcomes of decisions made in 2007 and 2008 and 2009 (eg the Budget carrier decision over air Pacifics market) - and we are reacting to them by writing reactionary Decrees, knee jerk responses to complicated issues complicated by prroly thought through policies made back in 2007 and 2008 and 2009 - and the results of which have come home to roost and which we are desperately now trying to fix with cellotape solutions.

Anonymous said...

How many decree do we have in Fiji ? I think we have decree the we have lawyers!

Anonymous said...

NA CAVA MADA NA PURPOSE NI NEWS E TABA TIKO MAI QO:
E SA MATATA TU VAKASIGALEVU NI CALA VAKALAWA NA KA SA CAKA TU QORI MAI VITI. THE ONLY WAY TO CORRECT IT IS TO EITHER MARCH AND PROTEST, KIDNAP THE CULPRIT AND DEMAND THE RETURN TO DEMOCRACY THROUGH THE 1997 CONSTITUTION OR ELIMINATE THE CULPRIT BUT THAT WOULD MAKE YOU NO BETTER THAN THEM. THE OTHER TWO OPTION IS FIJIS BEST BET.

POWER TO THE PEOPLE.....

Anonymous said...

I heard Dave Pflieger has fled the Country fearing reprisals against him as author of the Decree. He will obviously observe from a distance and then return when the dust settles.

Savasava said...

Hey guys remember the 3D's

Gone was the Democracy
We are in the Decree
Later will be Decalogue - this Govt will bring prosper into Fiji where God given mineral resources will surface and nations will flock to Fiji in tens of thousands to witness the POWER of the ALMIGHTY...please let us be patient, we are almost there...Amen

Savasava said...

NZ people will witness the Power of the ALMIGHTY during this World Cup ...they loose a game that will haunt them for years....

real jack said...

@Savasava.Yes folks, wait and wait for that $1 Billion per Year from Copper and Oil!

Incidentally, Waila is also touted to be a billion dollar city development.

either way it means nothing for the present day circumstances of people in this country. forecasts don't put bread and butter on the table. a guy with a young family to look after who is unemployed and with no money and no support systems doesn't care what the FJ Times reports about billion dollar forecasts - they're as good as pipe dreams - how is that going to feed his young family ?

the economy is not providing jobs, planting tavioka and dalo does not result in viable sales.....not everybody can be a taxi driver (even the taxi drivers are going kaput), and even if he does find work the wage rate doesn't make a dent in his living expenses - he is forever in debt to the local loan shark, pay cycle by pay cycle.

all this shameless conspicious ostentation and excess doesn't fix the issues this country is facing today - our leaders ride around in their fancy Pajero's and fly around to Dubai and everywhere else in between and tender out contracts between themselves and their families and friends - and the poor people of Fiji continue to get poorer.

they get fancy roads built on foreign debt - but they can't eat the road can they ? how's the road going to feed somebody's family ? whats the use of having all these fancy roads and fancy lights and this and that when the kids school fee's are beyond reach ? when they can't buy medicine ? when they can't afford basic necessities ? they plant dalo and there's a glut, they plant tavioka and there's a glut. they plant sugarcane and there's a loss. we get unprecedented numbers of tourists and still its not value adding, our hotels still going bust and our airline despite all the influx of tourists using its services still going bust.

so we have all this fancy infrastructure and debt saddled people with our hopes pinned on billion dollar pipe dreams of gold mines. is that development ? what kind of development is that ?

thats the reality.

ban decree said...

Timing of the release of this decree shows the plight of Fiji. While the world and the people are watching the rugby world cup opening, khaiyum is shafting them again

real jack said...

bottom line... it's all coming to a head...

These are the final phases before the crash. We are into the last stretch!

bottom line is that these things are all in a loss or deep in debt or both.

by the end of this year the FSC loss will have tripled beyond the loss it made last year - and there will be a further reduction in operating farms as these guys close down.

the FSC will struggle to start the crushing next year (i.e have sufficient cane to open the mills) - this year will be the end of the line for many of those farmers - they've been carrying debts and running at loss since 2007 - and their losses have been getting bigger and bigger year on year since 2007 - we can't realistically expect these farmers to survive past this year - the indicators are already there - the ILTB (formerly NLTB) has announced through Qetaki (its General Manager) earlier this year that their bad debts situation is so serious it now threatens the viability of the ILTB - and if thats how it is with the ILTB, then you can imagine what its like with the farmers

there are many reasons why the beetle situation was not addressed until it became rampant - but i think the main reason is lack of funds. if those guys had the funds to do that work they would have done it - its the same as the guys up North who are complaining about the bad roads which are affecting cane farm production up there - they got response from the Govt that the fundsd were lacking to do the roads.

this thing is economic and its coming to a head - and as these next six months unfold we will see the whole thing unravelling. piece by piece.

its already unravelling in downtown Suva - businesses are closing down all over the place here.

mark manning said...

I've worked it out.
People of Fiji to work for nothing and the companies will save thousands !

Fiji Mandate said...

Rereading the preamble to the Lowly Insitutte survey and the so-called justification for the 'clean up' campaign and now seeing this latest decree and have decided this: fiji was not as corrupt or as dysfuncional as Khaiyum and Bainimarama would have us and the world believe it was. I single these two out because the rest are just along for the ride and the orivilege of being top dog. fiji is far worse now than it ever has been.

Anonymous said...

FSC and Air Pacfic need to be sold.

This decree is to ensure/assure that the purchasers have no labour problems as they contend with a National Airline that is "broke".

Both these enteties were broke long before Dumb and Dumber arrived.

No democratic governenment can deal with these two "fark ups".
No Fijian can say NO to another Fijian, that is our socila custom and our curse.

So the decrees are what is needed to be ableto get on do what is neccessary.

Oh, dont for a moment think Phliger is the problem, its our own people in management in Air pacific who have done the most damage to us so far as getting our best to leave the airline.
Be honest and go ask those who have left over the years and find out the truth about our very own nationals and what politics they play.

Anonymous said...

GO TO THIS STORY IN THE NEW ZEALAND HERALD LINK BELOW IT SHOWS A NEW LEVEL OF INTEREST FROM THE WESTERN AND EUROPEAN SUPER POWERS TO THE PACIFIC REGION

http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10750701

Anonymous said...

Aiyaz has lost his nuts ,gone off kuku, st giles please get a room for him

Anonymous said...

@9:13 AM. Both these enteties were broke long before Dumb and Dumber arrived.

Wrong!

The Decrees we are having now are all reactionary decrees - they are decrees which have arisen because of the situations created by the policy decisions made in 2007 and 2008 and 2009.

I REPEAT: policy decisions made in 2007 and 2008 and 2009.

We are seeing the outcomes of decisions made in 2007 and 2008 and 2009.

The net effect of all of these policy decisions from 2007 is what we now see here - reactionary decree by the Govt to cellotape the growing hole in the economy - and its now causing social disequilibrium within the broader society.

Air Pacific has made massive losses two years in a row!

The blame rests fair and square with this illegal treasonous regime.

Fiji Exiles said...

THE DECEIT REACHES NEW HEIGHTS

Essential Industries Decree being happily announced.

Aiyaz talks about France's right to strike situation - he conviniently leaves out the fact that in France the "right to strike" is a FUNDAMENTAL RIGHT which is PROTECTED by the FRENCH CONSTITUTION.

the legislatioon he is talking about with respect to France is the 48 hour notice legislation which President Sarkozy pushed through in 2007 in relation to Public Transport workers - that leglislation requires that Public Transport workers give 48 hours notice of an intention to strike in advance - so that there are minimum disruptions to transportation services - that 48 hour notice is meant to allow the employers to plan around the strike - its NOT EVEN COMPARABLE with the ESSENTIAL SERVICES DECREE.

its very MISLEADING what Aiyaz is doing. and its also very DAMAGING - because guys reading this thing in the EU and elsewhere see RIGHT THROUGH IT - either he is DELIBERATELY LYING or he simply has been MISLEAD - either way it simply portrays our govt as incompetent or deceitful

in respect of the UK legislation he is again misleading - that UK legislation he is referring to defines the grounds on which a strike can proceed - and they are in respect of wages and employment conditions and if for issues relating to overseas partner unions where the impact of whats happening offshore may affect the workers in the UK. the context within which those Union laws were also brought in is a significant factor - the bargaining units comparison Aiyaz is talking about is meaningless because that thing happened in the UK to remove the "closed shop" set up which had become part of the system over there where people who were not part of the Union were not allowed to work at a work place where the Union operated - it was specific to their circumstances - here in Fiji we don't have that kind of situation, we have a plurality of Unions, even within the Civil Service we have a plurality of Unions - there is no "closed shop" culture in the Unions over here eg we have the Fiji Teachers Union and the Fihi Teachers Association - then we have about five different Unions within the Civil service - where's the "closed shop" ? tsk tsk tsk tsk - these guys have just gone out and copied things from other parts of the world which have no relevasnce to our situation and/or circumstances - all this is going to do is duplicate work and add on costs to the business of dealing with employer employer relations. crazy

as regards the context within which that UK law defining a legal strike came in during Thatchers govt - at the time of the Union strikes which had basically paralysed the UK - the law in the UK has NO COMPARISON with the Essential Industries legisltion these guys are pushing. we do not have illegal strikes in this country - never have - go through the history of Union actions in this country and its all been about wages and/or employment conditions. so what is Aiyaz talking about comparing our situation with what happend in the UK and France ?

and the recognition of Unions issue is the same for Fiji - we already had those in place those statutory requirements. no Union can register itself over here unless it meets a minimum number. thats the norm everywhere in the world where they have statutory mechanisms for registartion and recognition of Unions.

then he talks about Senator Wagners National Labor Relations Act in the US whichw as signed into law by President Eisenhower - its totally deceiving. that legislation in the US actually does the OPPOSITE to what the Essential Industries Decree is doing over here - these are the essential conditions of the NLRA (from Wikipedia):

- - -

as for Aiyaz's deceit about Ireland's Union situation having no statutory parameters

the Irish system DOES HAVE legislation addressing the issue of their Unions

in fact the Irish Unions are some of the most powerful in the world.

Anonymous said...

Can picture it now.
Fade In...
Act 1. Scene 1. Ext Day Nadi

Our business suit attired hero KHAIYUM confidenly strides towards the retangular center of a newly planted cane field - stopping - he casually opens his briefcase and retrieves a single sheet of paper -after clearing his throat - he forcibly address's the newly planted shoots from his newly minted PER.

"We command - grow!".

Mission accomplished - briefcase tucked securely under arm - assisted by his entourage of grog doped bodyguards - KHAIYUM eventually boards his shiny new taxpayer funded 4x4 - convoy departs - heads down the lonely road towards the distant burning mill... Fade Out....

MATAVUVLE said...

US Railway Labor Act - again Aiyaz misleads us on that

the US Railway Labor Act actually makes a distinction between "Major" and "minor " strikes - plus there is a NATIONAL MEDIATION BOARD which works on a mediation and arbitration procedure to resolve those issues - that Board is not subject to the interference or involvement of the President of the United States - and this Raiwaly Labor Act is ALSO SUBJECT TO THE CONSTITUTION OF THE UNITED STATES - which means that the SUPREME COURT of the UNITED STATES can strike out ANY OF ITS OFFENDING PROVISIONS - that is VERY DIFFERENT to our Essential Indutries Decree which PROHIBITS ANY COURT from overseeing its operations and/or even implementation and which is subjected to direct involvement of the Prime Minister.

this is from Wikipedia

http://en.wikipedia.org/wiki/Railway_Labor_Act

MATAVUVALE said...

US Railway Labor Act - again Aiyaz misleads us on that

the US Railway Labor Act actually makes a distinction between "Major" and "minor " strikes - plus there is a NATIONAL MEDIATION BOARD which works on a mediation and arbitration procedure to resolve those issues - that Board is not subject to the interference or involvement of the President of the United States - and this Raiwaly Labor Act is ALSO SUBJECT TO THE CONSTITUTION OF THE UNITED STATES - which means that the SUPREME COURT of the UNITED STATES can strike out ANY OF ITS OFFENDING PROVISIONS - that is VERY DIFFERENT to our Essential Indutries Decree which PROHIBITS ANY COURT from overseeing its operations and/or even implementation and which is subjected to direct involvement of the Prime Minister.

this is from Wikipedia

http://en.wikipedia.org/wiki/Railway_Labor_Act

Anonymous said...

Who are you, you mother fucker Khaiyum, you are just a piece of shit. After the coup ends you will end up dead at the hands of somebody. Thumbs up mother fucker.

Fiji Exiles said...

its just unbelievable hos this thing has been turned on its head and compared with legislations from other liberal democracies which HAVE CONSTITUTIONS that govern the parameters of what kind of legislations they can or cannot enact - PLUS in the UK they are goverened by Constitutional Conventions of which one of the guiding principles is the PRINCIPLE OF LEGALITY - which basically broken down into its bare essence means the OBLIGATION of the legislative making arms of the government to create legislation within certain boundries and parameters - in the UK those parameters have been set down by Human Rights Conventions and Common law - in New Zealand its the same, in Australia is covered by their Constitution plus Common law - in the EU its covered by the individual Constitutions of each of those States plus the EU laws on Human Rights.

we are NOWHERE NEAR the structures within which those countries have set up their specific legislations - they have ULTIMATE CHECK MECHANISMS for their legislations, whilst WE DON"T. our Essential Industries Decree specifically says that it is not subject to review or litigation in any COURT OF LAW.

so for our "Attorney General" to go and try to make that comparison as if we are doing the same things that they are doing is just unbelivable - its not the same.

Dumb and Dumber said...

QANTAS owns half of Air Pacific. How come Qantas employees can strike if they are in Australia but not if they work in Fiji.

Anti Regime said...

The unelected government is again misusing information to justify its plans to take liberties with Fiji. Bainimarama had no mandate and Khaiyum even less. Anyone can pull selective information from other countries to justify its illegal behaviour. It really is time to get rid of this illegal administration.

Anonymous said...

@Well Said Anti-Regime!

Fiji Exiles said...

The idiot Khaiyum even refers to the ruling European Court of Human Rights ! without seeming to understand that his own Decree forbids anybody from taking any issue under it to Court - AND the European Court of Human Rights is a COURT which oversees the whole swathe of issues raised under the EU Human Rights legislations as they apply to the individual member states and the way in which they govern BUT ALSO the way in which specific DOMESTIC statutes operate in those EU member states.

all those countries he is referring to all have CONSTITUTIONS or CONSTITUTIONAL CONVENTIONS which are overseen by INDEPENDANT COURTS

IT IS SIMPLY CRAZY WHAT IS GOING ON OVER HERE IN FIJI.

Anonymous said...

At the end, when those in this illegal government have been taken down and sent to prison let us not be swayed by their likely cdefence that they did what they did for the best of Fiji and that at the time it seemed right. It is the same efence Bainimarama has been using since he committed the coup. Fiji was not that broken that we have had to live under PER and decrees while a newly-created privileged class now go about life, blessed as they never have been before thanks to the spoils of war.

Anonymous said...

... the penalties are harsh ...
"to deter people from taking action for their personal gain which could have a devastating effect on the Fijian people"
... DUUHHH ! He knows very well exactly what that means, BUT will he ever be arrested for it ?
... YES HE WILL !
He doesn't think so of course.
Self deluded dumber and dumber.
ha ha ha ha :) do you have any more funny jokes pooibum?

Time to wind back the clock and wipe out all these decrees and start all over again with the old laws, then an election, and then slow and proper reform by the paliament of the people.
Go VRF
bring it on

Anonymous said...

Sad day indeed.The Dumb F#$k Khaiyum is being misled by a failed pilot and Dumb F#$k American and the two of them have managed to now ruin the lives of many people in Fiji.As for Air PAC the skilled local Engineers and Pilots will now leave for greener pastures.How can they blatantly lie and say they are protecting local workers?this decree has F#$ked all unions and does nothing to protect locals.What the idiots don't realise is that when the locals leave for greener pastures they will bring in expats to replace them and pay about four times more for them compared to locals.This basically renders the Decree useless as there will be no f#$king point as the company will still be at a loss if locals leave in droves.But then again,what do you expect with blockheads running the show and pussies helping them who are afraid to make a move despite knowing it is wrong.Shame on you guys,letting this American motherf#$ker affect the lives of locals.

Anonymous said...

@ANNON.7:15AM...Yeah!!I totally agree with you,it seems we are allowing ourselves to be drawn into unnecessary debates over this latest decree.There`s no point in talking about it anymore;Trade Unions,the ball`s in your court now..don`t drag your feet on things.You must do what you have to do. Attar and Felix you`ll be surprised to see what the workers will do on the word go!!We voted you in office and we will stand by you on any move that will bring about the end of this tyrany and the return of Fiji to democracy.There is a handful of people amongst our ranks that are not afraid to die for the values we hold dear and believe...should the International Community demand that from Fiji than you can be rest assured,you`ve got your members to count on for people willing to die for that cause....we`re just phuken fed-up man!!!.

Anonymous said...

Funny how Khaiyum has used UK, US and Ireland Laws to justify this decree. Those countries have other social security measures that come into play when all else fails. what do our workers have?

Khaiyum also didnt say anything about the current cases that are before the tribunals and court. Are these going to be heard or thrown out the window and these workers will be left without any legal remedy?

Anonymous said...

@2:25 PM. Very well said. Definitely no use talking about it anymore. ACTION NOW! yes, we're definitely ALL phuken fed-up with this disaster!!! And it's definitely time - it is Way Overdue - to get rid of this illegal administration.

MATAVUVALE said...

Pity Bainimarama won't recognize his hour of madness. Pity Khaiyum won't recognize his hour of madness.

Pity those that neither hear the hooves of a mad horse galloping their doom nor recognise the hour of madness that comes with its last fatal kicks.

What do they do? They see themselves as the ultimate blessings, without whom society is as good as cursed.

This is the state of mind of Frank Bainimarama. Without him there is no Fiji. He has become Fiji. Fiji is him.

This is the state of mind of Aiyaz Khaiyum. Without him there is no Fiji. He has become Fiji. Fiji is him.

mark manning said...

A quick hard kick to the chest will sort Aiyaz out, and bring him home to reality.

Miaw said...

@MM

Are you volunteering for that kick?

They will penetrate your rear for that !!

Fiji Freedom Fighter said...

Quick question to all: when will the people of Fiji going to overthrow the thugs out of power?

I am getting fed up of all the crap going in Fiji. Please remove these incompetent idiots and throw them in jail for life.

Fight for Justice said...

I'm with you bro. What's it going to take people.

Anonymous said...

AK I know your dirty little secret!!

Anonymous said...

FIJI IS BURNING! FIJI IS BURNING! FIRE! FIRE! FIRE! FIRE! GO AND FETCH ME SOME WATERS! UMMMMMM!! UMMMMM!!

TM

Anonymous said...

I see from their body language that the WHOLE three of them have BOTH hands protecting their polos [!]
Need one say more about their lying and conniving!!!!

Anonymous said...

AND, I know his new wife's HOTEL secrets!! The Italian playboy, the American big spender, etc etc!!!!!

Anonymous said...

And I know Sharon's!!!!
And Frank's.
And ........
More to come bloggers about the night AND day activities!!!! Hello you are supposed to be working!!!!

Anonymous said...

I heard that Adi Khaiyum [Adi mai vei?!!] likes to party with two men at a time!!!
Maybe her and HIM are doing it now!
Pigs like animals will always be ANIMALS/PIGS!!!!!

Anonymous said...

It seems that Mrs K likes to party with men!!
Italian, American, not to mention the boys at the village, at high school etc etc.
I thought Muslims were supposed to marry virgins??
Sa va cava Kulina??

Anonymous said...

Nasty nasty people you bloggers

Anonymous said...

Boy, oh Boy!! Did Mrs K like to PLAY with us boys at school!!
She certainly has been there and done it ALL!! It was also vice versa for us boys!!
Qai muri o Mr K - "washing our pots" now as the saying goes!!
Men first, PIGS later to eat the left-overs!!!!
Enjoy the left-overs Mr K you PIG!!

Anonymous said...

You cannot be trusted Khaiyum and your end will come eventually