#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Fiji's Public Order Act 2012 and the decree which enabled its birth

Tuesday, January 10, 2012

Fiji's Public Order Act 2012 and the decree which enabled its birth








Public Order Act 1969


Public Emergency Regulations Decree


42 comments:

  1. This comment has been removed by a blog administrator.

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  2. On the 9th. of April, 2009, the Court of Appeal of Fiji, determined Frank Bainimarama's Appointment by the late President, illegal, so that makes this Decree illegal ?

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  3. The article against Keshwan Padayachi is uncalled for and totally unsubstantiated. Just take a look at the cases given as examples;

    1.Gani v State [2011] FJHC 712 (Justice Madigan presided- not Goundar.

    2. Carpenters Carptrac v Tradewinds Marine Ltd [1995] FJHC 51 (Justice Byrned presided and Keshwan was not practicing until 2011 - this case is in 1995)

    3. Kiran v State [2011] FJHC 226 (Justice Thurairaja presided- not Goundar)

    4. Jahid v State [2011] FJHC 262 (Justice Goudar presided but Keshwan lost the appeal)

    5. State v Dayal [2011] FJHC 476 (Justice Madigan presided)

    6. Prasad v State [2011] FJHC 710 (Justice Madigan presided)

    So you have the one case - State v Bano - Basically you have nothing!

    Keshwan Padayachi is a well educated man with two Masters. There are lots of other relative in the legal environment with members in both the bench and bar.

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  4. This decree is worst one. Now arms will be used to oppress people.Where is the freedom of speech, assembly and independent courts??? This decree may have come out of Boor Bano Ass and it stinks like her.

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  5. Rats up a drainpipeJanuary 10, 2012 at 1:26 PM

    khaiyum, gates, pryde and shameem are running scared. The treasonous dogs know what is coming and are trying to protect themselves. It is only a matter of time before the Military turn on these dogs and the cowardly dictator and his family.

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  6. Fiji Labour leader calls on regime to revoke Public Order Act
    Posted at 01:36 on 10 January, 2012 UTC

    The leader of the Fiji Labour Party has called on the interim government to revoke the Public Order Act, which was published yesterday but the regime says it enacted last Friday.

    Mahendra Chaudhry says he is shocked at the decree which he says is highly repressive in nature and worse than the Public Emergency Regulations it replaced.

    The new act gives the military and police vast new powers and bans legal recourse for any action carried out in the name of the new decree.

    Mr Chaudhry says the measures are unheard of, put Fiji on an altogether different level and are likely to damage its already ailing economy.

    He says it’s meaningless for those in power to compare the act with that in other countries.

    “They forget that these countries have a functioning democracy. They have a parliament. They have a free media. In Fiji all this is not possible. We don’t have a parliament. And therefore nobody’s accountable for their actions etc and the military itself.”
    Mahendra Chaudhry says the issue is serious and Commodore Frank Bainimarama should be told what the people think about the act.

    The interim government says the act is to prevent unrest of the kind seen in 2000 which led to the coup that ousted Mr Chaudhry.

    News Content © Radio New Zealand International
    PO Box 123, Wellington, New Zealand

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  7. It's great to see all these imbeciles putting their names to these Treasonous papers and exposing themselves, hence ensuring their own part in this coup and their eventual demise once Democracy is restored.
    I wonder if they've realised yet that their attempts to Legitimise their Decrees and Public Order Statements have only had the affect of cementing their eventual arrest and detention in Naboro..

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  8. Alot of the draconian measures in place in this sham law is also taken from Nazhat Shameem's Crimes Decree - so people when you meet her walking down the street, in the markets or in the grocery store, stop and thank her profusely for muzzling AND blinding you.

    Because if you can't see the injustices happening (media censorship via another regime arsewipe Matai Akauola), you certainly can't talk about it.

    Now consider those elements while they run the gamut with your pension funds folks.

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  9. Yadiyadiyadi ... it's all illegal anyways.

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  10. Amended Public Order Decree 2012 shocking

    [posted 10 Jan 2012,1615]

    The PER has been replaced by an amended Public Order Decree 2012 which is shocking and more repressive and draconian than the Emergency Regulations just lifted.

    It is clearly a negative development which is hardly likely to provide the open and free environment that is necessary for proper political dialogue to take place so as to return Fiji to democracy and constitutional rule.

    Not surprisingly, most observers see the move as a farce rather than any genuine attempt to restore to the people of Fiji the fundamental freedoms and human rights they lost under the PER.

    To begin with, the so-called “modernized” Public Order Decree 2012 appears to be much more sinister in style, intent and purpose than the Public Order Act of 1969.

    It is draconian in that under the 2012 Decree the Courts have no jurisdiction to deal with any challenge or redress to acts or powers exercised by the authorities under the Decree. The Chief Registrar has powers to terminate any such proceedings and this decision also cannot be challenged.

    Even legitimate trade union activities can be targeted under the Decree if interpreted as “attempt to undermine or sabotage the economy or financial integrity of Fiji”. Fines are steep - $50,000 or a 10-year jail term or both for those found guilty. Participation in a meeting, assembly or procession without a permit can be liable to a $10,000 fine or a 5-year jail term.

    The authorities have powers to deny or withdraw permits for meeting etc to any group or organisation deemed to have a past record of among other things having “undermined or sabotaged or attempted to undermine or sabotage the economy or financial integrity of Fiji”.

    Under the Decree the Police Commissioner and Divisional Police Commissioners exercise extraordinarily wide powers of discretion while ordinary police officers and Army officers have sweeping powers of search, arrest and detention without a warrant on mere grounds of suspicion.

    The Security Forces (police and soldiers) are allowed to use the force of arms to break up protests, meetings, processions etc for which permits have been withdrawn. The powers given to Army personnel to operate as police officers will result in further militarization of our society.

    The Prime Minister (Minister) has powers to order detention beyond 48 hours and up to 14 days. "Terrorism" is widely interpreted to include even legitimate trade union activities - any act perceived as undermining or sabotaging the economy or financial integrity of Fiji”.

    This Decree is bound to inflict further damage on an already ailing economy as it will continue to erode the confidence of the international community and investors that Fiji is moving towards democratic and constitutional rule.

    Our brain drain will continue as skilled and professional people, likely to see this as a negative development, seek a secure future for themselves else where .

    It is foolish of the regime to compare the draconian provisions of the Decree with similar legislation in other countries which are functioning democracies with a parliament, a free media and an unrestricted judiciary - all of which are absent in Fiji. There is absolutely no accountability for the actions of those in authority in Fiji.

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  11. Kim Jong Un is coming to Fiji to be under Franks tutelage. His father wanted this as one of his dying wishes. No one better at traing dictatorship into a person than FB.

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  12. The elites must understand that we will not acquiesce to their illegitimacy.

    Further, that they will never define our values and aspirations as a diverse market with human moral values of right over wrong from our own respective ethnic perspectives and identity. We are not stupid like them....

    Power to the People!!

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  13. Why does not the blof owner put on this site the whole 1997 constitution. At least it will keep you away from mischief

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  14. This regime has no standing under law anywhere - they are in fact "living a giant legal fiction" - and they know it.

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  15. Singh 12.38pm...crow, crow, crow till the cows come home...who wants to believe you for you are all beyond redemption...moooooooo!

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  16. Hypocrite Mahen 'Chor'dhry should shut his trap as he gave his support to the coupists during those crucial early days.

    He was rewarded with finance minister portfolio.

    Who is he trying to fool? This man committed treason. He must not escape.

    He is also a tax evader and a common thief - the reverse of Robin Hood; steal money meant to help the poor to enrich himself and his already rich family - lowdown, lying despicable man who must be brought to account.

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  17. THE FREEDOM THAT WE ONCE ENJOYED IN FIJI IS NOW A THING OF THE PAST. WELCOME TO FIJI THE POLICE STATE. WE WILL NEVER KNOW PEACE FROM NOW ON!

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  18. Read today's Sydney Morning Herald.

    http://m.smh.com.au/world/fijians-doublecrossed-over-lifting-of-laws-20120110-1ptm3.html

    Fijians 'double-crossed' over lifting of laws
    Dylan Welch in Suva, Fiji January 11, 2012

    THE lifting of emergency regulations in Fiji appears to have been little more than an international publicity exercise, critics say.
    Laws created at the same time give the regime sweeping new powers of arrest, detention and repression, which they say are a clear breach of human rights.
    While the military government has said the new laws are to ensure the people can debate their future ''without being threatened'' by dangerous elements, critics have told the Herald the laws enshrine - in some cases enhance - the controversial emergency regulations into law.

    The laws are amendments to a 40-year-old public order act and were enacted on Friday - 24 hours before Voreqe ''Frank'' Bainimarama ended the public emergency regulations, which have banned public meetings and censored the media since 2009. The amendments allow people to be arrested without warrant and held for 14 days without access to the courts, if they are suspected of offences against ''public safety or preservation of the peace''.
    They also allow soldiers to act as police officers for the purpose of arrest, and give legal permission for soldiers and police to use ''such force as he or she considers necessary, including the use of arms'' to disperse protests and effect arrest.
    In a speech to about 2000 soldiers yesterday, Commodore Bainimarama said it was their job to help police maintain law and order. ''The military will come in to help the police avoid any of these things from happening. The military will always help the government in whatever plans they have.''

    Seems like australian press can print what Fijian media cannot say or print without fear of getting arrested and beaten up.

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  19. Fijians 'double-crossed' over lifting of laws
    Dylan Welch in Suva, Fiji January 11, 2012

    Aiyaz Sayed-Khaiyum … challenged claims the laws were intended to inhibit criticism of the government. Photo: Alex Ellinghausen

    THE lifting of emergency regulations in Fiji appears to have been little more than an international publicity exercise, critics say.
    Laws created at the same time give the regime sweeping new powers of arrest, detention and repression, which they say are a clear breach of human rights.
    While the military government has said the new laws are to ensure the people can debate their future ''without being threatened'' by dangerous elements, critics have told the Herald the laws enshrine - in some cases enhance - the controversial emergency regulations into law.
    Advertisement
    The laws are amendments to a 40-year-old public order act and were enacted on Friday - 24 hours before Voreqe ''Frank'' Bainimarama ended the public emergency regulations, which have banned public meetings and censored the media since 2009. The amendments allow people to be arrested without warrant and held for 14 days without access to the courts, if they are suspected of offences against ''public safety or preservation of the peace''.
    They also allow soldiers to act as police officers for the purpose of arrest, and give legal permission for soldiers and police to use ''such force as he or she considers necessary, including the use of arms'' to disperse protests and effect arrest.
    In a speech to about 2000 soldiers yesterday, Commodore Bainimarama said it was their job to help police maintain law and order. ''The military will come in to help the police avoid any of these things from happening. The military will always help the government in whatever plans they have.''
    At the same time, the Attorney-General, Aiyaz Sayed-Khaiyum, challenged suggestions the laws were designed to inhibit criticism of the government.
    Mr Sayed-Khaiyum, who also holds eight other portfolios including justice, anti-corruption, industry and trade, said the laws had been created to prevent dangerous elements threatening the country's march towards democratic elections.
    Last week Commodore Bainimarama said Fijians would be invited to participate in consultations for the new constitution, and the first national election since his 2006 coup would be held by September 2014.
    Mr Sayed-Khaiyum said: ''The simple spirit of the amendment is to provide the right environment to allow people to truly discuss things freely; to be able to truly think outside the box; to provide a new paradigm.''
    Some desired a return to the divisive politics of racial vilification and ethnic voting, he said, and they must not be allowed to triumph.
    ''You cannot run a modern state when you don't have common and equal citizenry.''
    But some in the non-government sector have questioned the laws. The head of the Citizens' Constitutional Forum, a Methodist clergyman, Akuila Yabaki, said he had been optimistic about the lifting of the emergency regulations, but that had been dashed by the amendments.
    ''They have to give us a reason why we should engage in a constitutional consultation while at the same time allowing these restrictions.''
    Another prominent member of society, who requested anonymity, said in essence the laws enshrined the emergency regulations in permanent law.
    An expert on Fiji at the Australian National University, Jon Fraenkel, said: ''The early signs are not promising.''

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  20. Does anyone know if Shamimi is still going to be teaching Law in a New Zealand University this year, 2012 ?

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  21. The new Public Order decree is bad for those elements in the Fiji society who want a return to the good old days of racial discrimination, chiefly domination and rampant corruption, but the rest of the community can sit back, relax and get on with the task of building a better Fiji.

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  22. So the lifting of the PER was just a farce! All foreign Governments must note that this Public OrderAct is even worse trhan the PER. The people of Fiji have just jumped from the cauldron into hell!

    That is what Frank has allowed this pig Khaiyum to do to the people of Fiji.

    We will come for you when the time is right. Nur Bhano & Khaiyum will be dragged through the streets of Suva naked! You wait and see!

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  23. This draconion decree is a product of the same fear that made Bainimara break the Olympic record in the 100 meter sprint, as he dashed thru the tapioca patch behind the QEB to save himself during the mutiny.

    The same fear of prosecution for the murder of soldiers at the QEB that made him execute the coup in the first place.An action for which he and his cronies committed treason against the nation of Fiji.

    The same fear of the justice that is seeking him out, drives him to take up a tyranical position and thereby causes a total devaluation of product Fiji.


    The citizens of Fiji have to stop him somehow as he destroys the structures of democracy and avenues for human rights and reduces the friendly Fiji we all once knew to a military/police state. Freedoms have been shrunk to miniscule proportions. Fiji has become a dangerous and unhealthy place to live.

    The free media, the fourth estate of democracy and critical tool for effective governance has been gagged.This is essentially bad news for the people. A foreboding signal of doom.

    Do not believe his carrot and stick approach about a fabricated portrayal of a better Fiji. It is all about enriching himself, massaging his ego and creating a totalitarian state.

    Bainimarama, his administraion and his supporters are guilty of breaching the social contract with the people to maintains an enviroment that promotes freedoms,peace and prevents despotism. As was at the Judgement at Nuremburg, you will all be brought to answer before a court. It will be a court of a constitutionally democratic Fiji, ruled by an elected legislature, kept in check by an independant judicary and a free media.

    The Public Order Decree as ammended must be revoked when democracy is restored.As for Bainimarama, he and his admirers need to be locked away behind steel doors at the Naboro high security unit indefinitley, where they rightfully belong.

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  24. This guys are good thats all i can say Who ever is advising Frank is one hell of a sick bastard who is hell bent on allowing these fuckheads to remain in power for a long time I used to be a firm beliver in achieving things without violence but i now think that it is time for all those who love this country to say enough is enough This is too much

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  25. @annon 1030 "rampant corruption" my friend the problem with you is that you cannot tell your arse from your face..

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  26. It doesn't matter how many bullshit decrees this illegal, self-appointed regime comes up with, it will never receive the legitimacy and respect it so craves from the international community. Frank can send condolences to John Key for the sad death of 11 hot-air balloons victims but can't apologise to the people of Fiji for all his and Aiyarse hot-air we have had to endure during the last five years of their ridiculous rule. Anyone who says this is a good government for Fiji should be held accountable as well. Fiji is "FARKED" as long as these dumb asses lead by the gun. THEY MUST BE STOPPED!!

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  27. Would it be a crime to assisinate Khaiyum?

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  28. You say no vulgar or racist comments.
    Your blog is full of these!,,,,,

    I have now reported the abuse.

    It shows how many losers of your type exist

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  29. IS IT A CRIME TO TAKE OUT THE REGIME?

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  30. Nope! as long as u cover his head with a potato sack and shoot him in the head...

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  31. Nope!! is not a crime..put one of those old potato sack over his head and shoot him right in the head...

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  32. Anon@6:05pm... Yes, if you must
    please do it to Bai! He's the man with Da-Big stick?

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  33. mark
    why? are u looking for a shag?

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  34. http://m.smh.com.au/world/fijians-face-religious-repression-20120111-1pvhm.html

    SMH has now picked up on another story. Media are reporting on what other governments missed. Most governments were quick to praise frank on lifting of PER but none have commented on POA. Shame that only media have the balls to write about it.

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  35. May I suggest Methodist Church leaders to apply now for the conference they are planning during august. Please test the water now and if the government approves your application then you can start preparing in confidence. If the government later changes your approval then you have grounds to sue them.


    Why i am saying this is because in fijivillage.com the headline reads if all is well "Methodist Church conference to go ahead during school holidays". It's only later in the story you read they will apply closer to august for the permit.

    It shows that we clearly don't have strong leaders to confront the illegal regime.

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  36. If the Public Order Act has been in existence since 1969 then I wonder why it was not used to prevent the coups in 1987, 2000 and 2006?

    It is now very convenient for Voreqe to refer to terrorists in 2000 to justify amending the POA this time around. What about the terrorists in 2006 (Voreqe himself).


    Well at least now we know which piece of legislation to use against Voreqe when his time his up in the very near future.

    Charge him for treason and sentence him to life in prison without parole.

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  37. Voreqe should look no further then his Cabinet to find terrorists from the 1987 and 2000 coups.

    Both Filipe Bole and Inoke Kubuabola were members of the Taukei Movement, and were instrumental in the removal of the government in 1987.

    Kubuabola was the Leader of the Opposition in 2000, and negotiated with the UN team during the height of the coup that year on behalf of George Speight.

    And of course Voreqe who instigated and carried out the coup in 2006. He is a terrorist himself.

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  38. I am sure that fool Nailatikau does not understand what the hell he has signed under this decree.

    This piece of garbage has put a lot of powers in the hands of police officers and military officers.

    In fact a lot will depend on their ability to perceive if an action could be an offense or not.

    As such the police would have to recruit officers who have superior intelligence so that the system is not abused. I can say that about 97% of the current lot of police and soldiers would not qualify under this requirement and would have to go.

    Any police officer or soldier could victimise a person they dislike by arresting him purely on perception that he may be offending under this garbage laws.

    Says a lot about the intelligence of the people in this illegal regime...don't you think?

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  39. MARK MANNING...
    Why do you wanna know if
    Shamimi is coming to teach in NZ?
    You think that she maybe a commie?
    She's possibly, a Taliban mole?She
    could teach revolution to the Maori youngs?Hey why not we're the capital "COUP MAKERS" in the southseas?

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  40. Why is Chodo complaining about the
    new Public Order Act amendment? Is it because he is not in the IG and
    has been kicked out by Khaiyum and
    there's a new kid on the block?
    Did he suddenly realised his mistake for supporting Bainimarama
    in pulling the coup? Did he not realised that the Act was passed by the Alliance,Labour and SDL andministrations and he supported it? Didn't he realised that law are
    continuously amended as a matter of course by Government lawyers? No
    wonder he sat on his a-s-s without
    doing anything,for 6 whole months, after his PM appoinment.Lets just make sure he doesn't get back to our parliament or in our upper house either!

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  41. Anonymous said...

    what a waiste of taxpayers money ......
    January 10, 2012 11:29 AM
    Delete

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  42. You can cry, you may die but this regime is here to stay.......

    You may threat, you may brat but this regime will turn you all to become rats.

    Calm down people and follow the tide youi bunch of cowards like your clans.

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