#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: FICTU: Constitution acceptable to regime until it ditched it over Court of Appeal ruling

Monday, March 12, 2012

FICTU: Constitution acceptable to regime until it ditched it over Court of Appeal ruling

Attar Singh
The general secretary of the Fiji Islands Council of Trade Unions, Attar Singh, says the organisation will be taking part in the consultation process but only to argue its position.

Singh says FICTU has maintained its opposition to the military takeover from Day One and its views are unchanged and well-documented. 


He says it is also well-recorded FICTU members have not accepted any positions on boards and committees offered by the regime.
Mick Beddoes with Laisenia Qarase
He says the union has called for the appointment of a civilian interim government to take the country to elections under the 1997 Constitution and Fiji has never had a better Constitution. 

"It's a Constitution that provides for a Bill of Rights chapter, which has been the envy of others. It guarantees universal freedoms for all. For the first time, our Constitution entitled our workers the right to belong to trade unions of their choice and to fair labour practice.

"More importantly, it provided for a multi-party Cabinet giving most of our people a say in the running of the country's affairs. We had such a Cabinet in 2006. It was running well and gaining support."

Singh says the 1997 Constitution was obviously acceptable also to the coup makers of 2006 for almost two and a half years. He says they only chose to abrogate it in April, 2009 - on Good Friday, a day after losing the case on coup challenge in the Court of Appeal, which declared the coup unlawful.

Singh says despite what appears to have been support for the Constitution, the regime has now decided to write up a new Constitution and has announced its process and time lines.


The union leader says it is unacceptable that such announcements are made without consultation.   

"Announcing it unilaterally also does not augur well for us. It sends a signal that the consultation will be a facade and the regime will eventually do as it chooses. 


"Indeed, this is evident from the repeated announcements on what the regime has decided are non-negotiable matters during the Constitution consultation process.

"FICTU would prefer that an interim civilian government was appointed to conduct elections under the 1997 Constitution. The Parliament then elected, can consider amendments to the Constitution, including any electoral reforms as a matter of priority and call elections under the properly amended constitution as soon as possible.

"This will also be generally consistent with the Court of Appeal ruling. Taking this path will generate much needed support from the international community given its legality."

Singh says under FCTU's suggestion the country would return to parliamentary rule quicker and notes that the decision to abrogate any country's constitution should always be that of the peoples, not military intervention as has happened so often in Fiji.
The former Opposition leader Mick Beddoes is meanwhile urging people to engage in the consultation process but says it is not a call to embrace the regime or to acquiesce.

Beddoes says he had some concerns about aspects of the process but has been encouraged by the words of Frank Bainimarama that people should undertake the process in an unselfish, patient and inclusive manner.

But Beddoes warns that people should be under no illusion about the daunting task that lies ahead and "we should accept the fact that there will be many pitfalls, obstacles and imperfections to encounter along the way".

He says if people can collectively focus on the end result of returning to a democratic and representative system of governance then "each and every one of us must do what we can do over the next 29 months to ensure we achieve that ultimate outcome." 

27 comments:

  1. Lets Harp on it - "The 1997 Constitution Lives" -

    It is not Ghai-yum's or Frankie's document or any other Tom, Dick or Harrys' to fiddle with and/or to have the audacity to purportedly abrogate it.

    No..no powers were ever vested in any AG, (Legal or otherwise) to abrogate the Constitution. The President is a creature of the Constitution with no vested powers to abrogate the Constitution -

    And if the Presidents does try to abrogate the Constitution - as khaiyum persistently purports -the President also simultaneously and concurrently abrogates himself. And since the position of the President has always subsisted - so does and is the currency of the 1997 Constitution.

    Only fools and horses believe that the 1997 Constitution can be or is abrogated!!

    The 1997 Constitution Lives and it is only through this document that all our grievances will be redressed and Justice will prevail.

    Exploration / or search for another Constitution is only for the purposes of and suits the interests of those like Khaiyum trying to avoid treason.

    NOW ...TREASON IS A VERY SERIOUS CRIME.. Ask Speight!!

    And good job Attar Singh! Well Done!

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  2. Bells and whistles, pie in the sky stuff !
    Amendments to the 1997 Constitution can't be made by a Caretaker Government anyway.
    That would amount to a Clayton's coup, the coup you have when your not having a coup.
    For coup coup land, it might just be appropriate though.
    But having said that, let's acknowledge the fact that Attar Singh and the FICTU and its Members have stood steadfast and not be tempted to get on the gravy train with the Regime and its supporters. Well done fellas for taking an honest and loyal stand against tyranny and oppression.
    Any support of a constitutional consultation with the Regime runs the risk of legitimising the Regime and everything which has transpired since December the 5th. 2006 and exposes all stake holders to ridicule and division and loss of support from the public.
    it also confuses the people of Fiji as just what is and what is not "a Democracy" !

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  3. Chandu Umaria HazeMarch 12, 2012 at 8:45 PM

    Kyaiyum - no legal order has been achieved. You fucken idiot. Constitutional revolution requires

    (1) Effective Control

    (2) Acquiesce or popular support

    The revolting force only is the army, which is 5000 soldiers out of 800,000 people. So, where is the acquiesce?

    The regime is using the media decree, anti union decree, cabinet immunity decree and the public orre decree to control national debate. so how can it result new order???

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  4. vinaka attar ur a man of honour and has always been unlike Felix and the cats.
    reorganise NFP so u are our leader cause Chaudry is finished because of his con jobs with the Indian money,,,,,,now hidden in Aust

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  5. Fiji needs a peoples referndum not a new consitution.
    The referndum to include:

    1. whether new or 1997 consitution.
    2.role of FMF to 100 men for ceremonial duties only.
    3. investigation and free and fair trial for all FMF officers for 1987, 2000 and 2006 coups, starting with bainimarama and his junta.
    4. Cancellation of all decrees and recall of parliment.
    5.
    Formation of a goverment of national unity now.

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  6. Mick Beddoes is just warming the regime leaders' balls to be in their good books...if for an instance he sees that the military regime is threatened and losing...he will quickly jump on the winning side's boat...that kind of guy is Beddoes...

    Some of u fallas say that Chaudhary is a thief, think again, coz your illegal regime's court still didnt find him guilty as yet...they are just trying to discredit him. They know very well that if he stands for election he will win...

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  7. Mahen 'Fundraiser for the poor' ChaudhryMarch 12, 2012 at 10:29 PM

    To Anony 9:40pm:

    It is you who is warming Chaudhy's balls you dopey. Heaps of evidence including documents provided by Victor Lal but you are a blind and gullible Chaudhry hanger on, a hopeless and lost case. Only reason coup plotter Chaudhry is squealing is because regime gave him kick in the arse. He was part of the regime and a coup plotter who profited from the coup.

    He will be charged with treason when this is over, as well as tax evasion, raising money on false pretences for poor and keeping it, and nepotism for giving beta Rajen government job and daughter's sasur (father-in-law) senate seat - talk about keeping it in the family - hahaha!

    This man should crawl inside a hole and die of shame, not make hypocritical public statements, but then he is asli besraam laalchi (shameless and greedy).

    Mahen Pal Chaudhry - biggest cheat, liar, hypocrite, opportunist in Fiji from chor Khandan. A really neech insaan ( thieving clan; low-down person).

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  8. Bring the election on, Garase and Cahudi hold 85% of fijian and inidan vote, whether communal or open seat.

    What can the junta party do?

    Junta party cant win unless they gail garase and chaudi on frame up cases.

    The junta is now trapped and cassava run time coming soon.

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  9. The fact that the likes of Attar Singh are publicly speaking out just goes to show, isnt it Yash Ghai, that you have been conned by the drunkard padre Yabaki to mouth that Indo-Fijians need to be protected in a new Constitution?

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  10. Hear! Hear! @ Anit Singh

    Indeed, the 1997 Consitution still lives!

    I dare the tyrannical regime of bai & aiass remove their draconian BS laws that severely limits the rights of Fijians and return their bullying, intimidating soldiers back to the barracks - then you will see, oh boy, the world will SEE and HEAR OUR VOICES IN UNISON - LOUD, CLEAR AND UNAMBIGUOUS that the 1997 Constitution STILL LIVES!!!


    You can take that to the bank Aiass, you thieving mongoose.

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  11. c4.5 how come your site, made no mention about the Commonwealth Deputy Secretary General-Mmasekgoa Masire Mwamba- presence in Fiji, in order to help the Fiji Interim Government, toward its promised 2014 election? Wonder if the Chodohrys'stolen loots' has found its way to your office? Just make sure to pull up those blinds,every now and then,to let in some lights?

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  12. Ok people, the 1997 constitution is not the biblical 10 commandments
    and apparently, its not doing what it was created to do for Fiji? We've had 3 previous constitutions
    before the 1997 was created,all were removed,because they failed to
    do what our so-called leaders thought were good for our nation?So
    why is it that suddenly we can't tossed- out this one 1997, in favour of a new model 2014? Bai please appoint a White guy to (represent our Vasu)
    in the new Constitutional committee?

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  13. All the poll show majority like the regime. People giving opinion to poll know that if they didn't vote for regime they will be in trouble. Come election time people will vote from heart not from fear.

    Last coup had the army/frank march in and removed the government and constitution. We're the people marching or protesting before this happened... Answer is NO. It was frank who took it upon himself to take this action only to protect himself not for people of Fiji. Wake up brothers and take action at next election. Vote for our rights.

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  14. mick beddoes conman himself.
    didnt mick tried to take wnc to court and make money from world netball championship.
    he became chairman/ceo of wnc and awarded transport contract to his own bus company.
    i smell the rat.
    never trust this beddoes man .
    he is kailoma like another tom rickett.

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  15. Vanuatu set to help Fiji! With what?

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  16. its funny every time there is coup .
    army need new const..
    so every year we have coup than new const.
    waste of tax payers fund.
    fiji has become uganda of the pacific.
    we already have 1997 const that it no more charter/const.

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  17. Briliant media release: However, some bias is obvious Attar. You have rightly pointed out Felix, Mahend and Vayeshnoi all benefited from the coup. They served as ministers but now they are all figting for the constitution and elections. Can you also condem you NFP party members like Viejdnra Prakash,Praveen Bala, Chandu Umaria, who are regime appointees? Also, your Party trustee YP Reddy is a sucker of the regime who has a criminal case against him in DPP's Office which an elected government will have to progress. Dont be selective and harp about Mahend and Felix, your members are also compromsied. be a man and remove them from your party of you want to be taken seriously.

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  18. Bai & Aiyaz go wipe each other's bum bum mada.lol

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  19. New const is only for glory of ASK. He wants to leave mark in history of Fiji with his name in it. Unfortunately it will have mark of his blood!

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  20. REALITY CHECK....

    All that will happen between now and March next year is window dressing. Any participation by the worms who are now coming out of the woodwork (Chaudhry, Qarase, Beddoes etc) will not change a thing.
    As I've predicted all along - the "new" Constitution has already been drafted by Khaiyum/Shameem and will be forced down our throats with the excuse being the mandate is from the People's Charter. Yash Ghai is an old fart - just as Taufa Vakatale is - they are mere rubber stamps.
    The bainimarama regime will "manufacture" public participation figures and claim the new Constitution is a People's Choice and therefore "legitimate" because of the "overwhelming" public support.
    And, in the interim, the election campaign has already started with Khaiyum spurting out the first volley of mudslinging in Felix Anthony's direction. We all know Felix and Urai supported the Bainimarama regime through their appointments on the FNPF board and we know how Felix used his position to treat Natadola as his family vacation centre. The only unionists who have maintained their stance from DAY ONE, are those in FICTU.

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  21. Attar Singh is correct in all respects except perhaps his remark that the abrogation was only decided on Good Friday.  Clearly the abrogation had been in the planning hopper for months. The abrogation itself, and the plethora of decrees and legal mumbo-jumbo that immediately poured out of Aiyaz's office, confirmed months of rumours that planning for abrogation was underway.  Strictly speaking, perhaps the final decision for abrogation was made on Good Friday, but it only put into final motion what was a longstanding conspiracy. 

    A constitution is not something to be discarded lightly, like so much rubbish.  It is the fundamental law of the land, the foundation of a society's legal superstructure. If it is to be founded on bedrock, a nation's leadership must dig down to the core values of the nation, identified through healthy debate and popular sovereignty, and create a body of law that reflects those values.  To try to impose a constitution from above is akin to building on shifting sand.  A constitution must be able to shift and adapt, but more on the level of plate tectonics rather than with every gust of wind.  A constitution needs to be updated to maintain its relevance, but in the meanwhile, it also ought to be exalted and obeyed to the letter.

    As Anit Singh says, the 1997 Constitution lives.  I say we nail the constitution to the mast and rally around it as the only lawful point of departure for any proposed changes to Fiji's political system.

    s/ Dakuwaqa

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  22. When Qarase was appointed by the military in year 2000, while Mahen was in captivity.
    Qarase setup a new committee headed by Ravuvu to write a new constitution, to replace the 1997 constitution. Now he has changed his views, therfore he does not know what his ideals are.

    Fiji needs a new constitution where only the elected people hold political power. The is no need to give any role to GCC. They demonstrated in 2000 that they are totally irrelevant.

    Fiji needs the change its voting system. To a US style system where the leader is directly elected by the people to a maximum of 8 years to avoid domination, at the same giving everyone the a fair chance.

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  23. Bainimarama initially roped in the FLP members into his regime hoping they'll dig out SDL's corruptive practices in government. The digging went for years, Bainimarama saw that these FLP members were more corrupt and conniving then himself so he booted them out.

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  24. Just want to knowMarch 13, 2012 at 4:29 PM

    the next question that needs to be asked is is will FICTU members be standing for elections 2014

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  25. Thumbs up to Attar Singh....

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  26. vinaka na valataka na dina Attar...you are a true warrior..we pray for GODS protection over you and he bind you for harm ..if the military and Voreqe dare to torture you again..we will be taking into account of their crimes against a true national hero..your lone voice in the wilderness is not all alone...I pity my methodist ministers are not up to par with Attar..sa lailai nodra vakabauta na nodatou talatala qase..ke sega ga sa tiko sara tiko ga o Jiutasa e lomani ni noda Lotu...baleta ni davo na nodrau i wau na qase i liu ena taka mai ni lotu waisele i viti..au sega ni taura rawa na cava sa sega ni ratou yavala kina na liuliu ni lotu waisele ena na gauna qo baleta na kena vakasaurara taki tiko o keda na lewe ni lotu

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  27. FIJI! LISTEN! THERE IS NOTHING WRONG WITH THE CONSTITUTION OR RACIST! RACIST! RACIST. BE IT ANYWHERE IN THE WORLD WE LIVE BETTER OFF WITH OUR OWN RACE, BECAUSE WE HAVE SAME FEATURES, COLOUR, SMELL, LANGUAGES, CULTURE, CUSTOM, TRADITION, MINDS, JOKES AND RELIGION.

    WE DO HAVE OUR OWN RACE PROBLEMS AND WE DO HAVE OUR OWN TRADITIONAL AND CUSTOMARY COURT OF JUSTICE TOO TO SETTLE IT FOR GOOD. THE CYCLE BEGINS AGAIN FROM WHERE WE STARTED BY CONTINUING WITH OUR GOOD RELATIONSHIP AS ONE RACE AGAIN DAY-IN AND DAY-OUT WITH LAUGHTER, GROG PARTY. HELP EACH OTHER, KEREKERE SYSTEM, FEASTING, PLAYING SPORTS, SHARING JOKES, GOSSIPING, CHEATING OR BEER PARTY ETC UNTIL A FIGHT OR BRAWL TAKE PLACE WHICH END UP IN DEATH, FIGHT STOPPED, OUR OWN ELDERS STEPS IN TOGETHER WITH OUR PRIEST/REVEREND TO SECURE A SETTLEMENT AND BACK AGAIN IN TO THE NORMAL CYCLE OF RACE.

    THE LIFE OF OUR OWN, AS A RACE, IS THE BEST WAY OF LIVING IN THIS WORLD WHETHER BE IT IN PEACE OR VIOLENCE, LOVE OR HATE, WE ARE WHO WE REALLY ARE AS A RACE IN ANYONE'S WORLD, HOSPITAL, HOME, PLACE OR GRAVE AND WE COULD NOT DENY THAT

    RACE IS LOVE AS GOD IS LOVE TOO. GOD CREATED THE WORLD AND US TO LIVE IN IT AND LEFT US TO OWN LAND/COUNTRY WITH PLENTY OF FOODS, WATERS, ANIMALS, BIRDS, TREES, GRASSES AND RESOURCES NOT TO BE POOR OR HUNGARY OR TO LIVE IN POVERTY OR OPPRESSED AS WE ARE TODAY.

    BUT RACIST IS THE CREATION OF THOSE GREEDY, CORRUPTED, WELL EDUCATED AND MANIPULATIVE DECEIT LEADERS OF OUR CHURCHES AND NATION BUT NOT COUNTRY.

    WHAT THEN SHALL WE DO? THE ANSWER IS, GOD GAVE US WISDOM TO MAKE USE OF IT AS A DECISION TO SAVE YOUR OWN RACE FIRST BECAUSE IT WILL LEADS YOU TO UNDERSTAND AND RESPECT OTHER RACES TOO.

    RACE IS BEAUTIFUL. RACE IDENTIFY TRUE OWNERSHIP OF PROPERTIES AND RELATIONSHIP WITH OTHER RACES. RACE IDENTIFY BORDERS AND LIMITATION BE IT HIS/HER OR OTHERS. RACE IS A ONE GREAT UNITED FAMILY OF THE WORLD WHO OWNED A COUNTRY AND RESOURCES THEREIN AND THEREIS.

    FRIENDS AND COUNTRY, PLEASE TAKE CARE OF YOUR OWN WONDERFUL RACE FIRST AND KNOW YOUR BORDERS AND LIMITATION WITH RESPECT AND LOVE TOWARDS OTHER RACES TOO.

    COME 2014 ELECTION LET THE PEN AND INK TO MAKE YOUR DECISION FOR YOU, BUT DO NOT FIGHT OR BE TROUBLESOME. TRUTH SHALL SET YOU FREE.

    THE SCARLETT PIMPERNELL

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