#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Is Yash Ghai taking note?

Wednesday, June 20, 2012

Is Yash Ghai taking note?

2001 Elections: FLP calling for more Indo Fijian registration clerks
Just 40 people were at the second Fiji Labour Party meeting in Ba on Saturday but a permit was still needed and a police officer had to watch over.
Commission chair: Ghai

The party says its permit was approved by the Divisional Police Commander, Western but a civilian police officer was present and it was not allowed to discuss issues that would 'cause instability; or deviate from the agenda item sent to police. 

Coupfourpointfive asks: is the Constitution Commission chairman, Yash Ghai, taking note of the so-called free process of discussion?

FLP says despite the restrictions, the meeting agreed that:
• 1997 Constitution be retained and amended or added to where considered necessary by the genuine representatives of the people through a forum which should be created for the purpose. It says the forum should complement the work of the Constitution Commission.

It also says:
• The future role of the military should be thoroughly dealt with in the constitutional exercise
• The process must be detached and be independent of the interim government
• Every endeavor must be made to ensure the independence of the Constitutional Commission
• All issues relevant to constitution making should be considered by the Constitution Commission and there should be no caveat on any subject
• The entire process of returning Fiji to constitutional rule should be legitimate and credible and have the support of the people
• All sides should exercise calm and restraint and avoid the use of offensive and/or threatening language in their public statements
• The final decision on the constitution should be left to the people
• Policing of consultation meetings of political parties and/or NGOs should cease. There should be a free environment for discussions and expressions of views by the people
• Restrictions on the media to report freely and fully should be removed. There are confirmed reports of the media being warned by the regime not to report statements by political leaders.

The FLP also recently called on the regime to explain its recruitment of voter registration clerks saying of 1050  recruited by the interim attorney general’s office, about 160 or 15% are from the minority Indo-Fijian and other communities.

FLP says it is a 'gross under representation' of the communities which make up almost 42% of the population.

It says: "In the 2001 and 2006 general elections hundreds of Indo-Fijian voters were turned away from polling stations because their names did not appear on the electoral rolls even though they had registered and held the official registration slips. These voters were effectively disenfranchised through no fault of their own.

"The European Union Election Observation Mission in 2006 drew attention to the numerous instances of misspelling of voters’ names, wrong constituency allocations and the failure to register a greater number of voters. “As a result of these errors, a number of voters were deprived of their right to vote in a fifth of the polling stations observed,” it noted in its final report.

"Likewise, the 2007 Commission of Inquiry into the 2006 general elections was highly critical of the racial disparity in the entire elections administration process with a dominance of ethnic Fijians at all levels. It implies “at the least, an unintentional bias”, the inquiry said. It noted that of the 4248 enumerators enlisted, only 407 were Indo-Fijians and 155 from other minority communities.

"In the past, up to the 1999 general elections, the practice was for school teachers and other civil servants to be appointed enumerators. Since 2001, however, enumerators have been picked on an ad hoc basis, many of them barely out of school. This is reflected in the numerous mistakes which have surfaced in the compilation of electoral rolls in the past two general elections."                


Chor Millionaire Chor-dhary and Qarase both made a mockery of the 1997 constitution said...

Both the leaders made a mockery of the 1997 constitution, when they had the opportunity to work together permalink

1997 constitution is history now. In fact the labor party chor maichod leader never agreed to the 1997 constitution.

The spirit of the 1997 constitution was a gift for both major cultural groups in Fiji working together.

It was rejected by the indian community when the NFP leader, JRR, who was one of the key architects of the 1997 constitution was defeated in the elections as it had formed a coalition with the major fijian party, the SVT, whose leader, Sitiveni Rabuka, was also another key architect of the 1997 constitution.

The elections which followed in 2000, saw the Fiji Labor party winning the majority of the seats. However; the FLP did not abide by the constitution by offering the SDL party members cabinet positions.

Qarase did the same, after M P Chor-dhary and his Labor Party was kicked out by georgie speight and the group.

The fiji court of appeal ruled that Qarase’s government was not legal, as it did not abide by the 1997 constitution.

Qarase made half the members of parliament ministers, as he tried to include the labour boys in his cabinet. With ministerial positions offered as insignificant, like minister for WEEDS, MINISTER FOR PARKS, minister for Rubbish Dump at Lami etc. Racist Qrase was insincere from the begining.

Both the leaders made a mockery of the 1997 constitution, when they had the opportunity to work together

Now they are crying for the ………1997 constitution, >>>>>sorry guys, you have lost the golden opportunity.

Radiolucas said...

I am sure that many, many people find it incredibly galling and infuriating that a group of criminals, the RFMF, who committed treason, torture and murder - all done WITHOUT a permit, WITHOUT a mandate, WITHOUT an election, WITHOUT anything but a GUN.

But now they want to stop people that wish to discuss their group???

What irony. I thought they felt safe with their walls and their guns?

NOT 4 PPL said...

To the first comentor'1997 constitution is history' yes, but dont forget maichood history also repeats.

Anonymous said...

So MPC and FLP are now accusing LQ and the SDL govt about the last elections. This is the same thing the IG is saying. So do we conclude thatg they are colluding?

People of fiji, one simple advise. Fijian people need to work together. Must kick out politicans who are self centered and are there to divide and rule. That is divide fijian-indian: rich - poor.

Anonymous said...

The writer in the first comment seem to be indoctrinated with Chaudhry sperm judging from the hate messages he is recyling. His target is LQ and MP Chuadhry. It is liitle wonder how he glosses over all the scams and corruption of the six years under khaiyum. he must be one of the advisors like father kevin bar promoting the ilegal regime. if you are son of one father, try to balance your contribution and call spade a spade.....stop ignoring the present corruption and live the past of LQ and MPC - that is history.

Anonymous said...

democles sword over the people of fiji.no real free speech in the country.just a masquerade. only the dictates of the ruling mob is real. prof.yash ghai and everyone else hired by the military regime is impotent to bring about any genuine change in the status quo.

Anonymous said...

we are wasting our time on election .
fiji election will be held when frank will put the 2 leader behind bars.
justice gandu is nazat and khaiyum hanging judge.
so people read between the lines.
army will rig the election and franks and his cronies will be in govt.
it will never be fair and free election as long as we have the army groons running the election with this bastard ag kahiyum.
we will only have fair election if it will be run by eu/un people.
i will never trust fiji regime.

Anonymous said...

Yash ghai is in a bind. They have got him by the balls. He undertook to chair the Constitutional Commission on the undertaking that the regime will remove all barriers to free speech. The regime will not relinquish power: that is elementary knowledge. They will tag him along, embroil him in their shenanigans, buy time, and then postpone elections. Hang Ghai out to dry. Already they are putting the cart before the horse: preparing for elections without a constitution in place!! It is all a charade. I wonder what Indo-Fijians think about Professor Dr Nandan who has written in his book that 'Sarka Kuto (masturbation) was his youthful passion,' probably still is! See his book 'Requiem for a Rainbow,' p.97. What a joke all this is.

Paula said...

The notion that Ghai would take note of anything that is in opposition to the regime or against the interest of the RFMF is laughable. Like the other constitutional commissioners Ghai is nothing but a bit of window dressing, a little smoke screen for those gullible enough to believe that something can change. It is a waste of time to appeal to Khaiyum's crony and it is a waste of time to participate in a process whose outcome has been clearly determined by the chief thug.

Anonymous said...

Let the New Constitution come and the people of Fiji will have the last say.

ghai and his guns said...

Ghai is nothing but a (well) paid lap dog of the thug junta and their bully boy gun carrying thugs. Hi spokeperson the human rights abusing tikoitoga has made it quite clear the military junta sets the agenda and lap dog ghai signs off on it.

Anonymous said...

Yash Ghai, is this how you intend the constitutional review to be conducted? If not, then say something, do something. Otherwise, your acquiescence will be construed as acceptance. If you merely intended all along just to 'monitor' and then endorse the regime's phony process, then your career, credibility and reputation are done.

Anonymous said...

remember people ,that every person which is been hired or recruited by this illegal gov are some how corrupt,useless,and a piece of garbage, yes ghai is one of them and so are the people working with this illegal idiots numbskull SOB..

kite flyer said...

yash ghai the professional constitution designer can take all the notes he wants to but he and his co-hired hands are impotent to bring any real change in the repression to democratic freedoms prevailing in the country. the constitutional consultation is a masquerade. the diktates of the ruling military mob reign supreme. make no mistake about it. but they can't hold on to power forever... their time will come sooner or later...

Anonymous said...

FPL remain the wild card out of the trio and will prove to be unreliable,untrustworthy in any alliance. Chaudhry cannot be trusted: take note SDL an Beddoes.

Anonymous said...

C4.5 looks like the officers are in court today over the Toorak cocaine theft. Fiji Village reporting the story. Please get updates

Police officers to appear in court
Publish date/time: 21/06/2012 [15:04]

Two police officers are expected to appear in the Suva Magistrates Court this afternoon in relation to the CID break-in at Toorak.

We will have more in the next hour.

Chaudhry's Fan Club said...

I have no idea about this FPL party as the the daku santa says,it is FLP. This shows frustration and how naive chaudhry's step son Santa Maharaj is.No matter what you say Santa Maichood you will never be able to twist a single jhaat of mr MPC. Illetrate bhong like you have a habit of undressing your asre in front of Bainimarama & associates. Chaudhry is a hero and will remain the same till his last breath you better know this dogla santa clause.

Oddball said...

To the first commenter,

There were no elections in 2000. The elections were in 1999. FLP won majority seats, leaving the SVT (NOT SDL; SDL was yet to be even conceived let alone born!) with less than 8 seats. As per the Constitution (1997), any party winning less than 8 seats was ineligible for a Cabinet invite. That’s the reason why the SVT was never invited.

Read some history before opening your mouth, otherwise you’ll end up making an ass of yourself - like now.

Anonymous said...

People have missed the core of the FLP discussions-there were so many voters that did not get to vote in the LAST general elctions! Now we have the second largers community in Fiji with over 46% (Indo-Fijians) and from over a 1000 people selected to perfom voter Registration only 16% is of Indo-Fijian background! Come on people this can't be missed by readers unless its a right royal plan to make sure there is lesser numbers from the Indo-Fijian commmunity voting? Democracy I don't think so but the racists will be happy all the way to Election Day? DRi Yani.

Anonymous said...

Please Professor Ghai, can't you see the trap they have laid for you. They got you to give them international credibility, and they will dump you the moment you have served your usefulness. Begin with the 1997 Constitution and make the necessary changes on which most people agree. See thru Khaiyum's mendacity before it is too late. MPC and LQ are not everyone's cup of tea, but they are the legitimately elected leaders of the people. Respect the people's wishes.

Anonymous said...

Election only under the legal 1997 Constitution .
Nothing Else.

Gene Sharp said...

Elections are not available under dictatorships as an instrument
of significant political change. Some dictatorial regimes,
such as those of the former Soviet-dominated Eastern bloc, went
through the motions in order to appear democratic. Those elections,
however, were merely rigidly controlled plebiscites to get public endorsement of candidates already hand picked by the dictators.
Dictators under pressure may at times agree to new elections, but
then rig them to place civilian puppets in government offices. If
opposition candidates have been allowed to run and were actually
elected, as occurred in Burma in 1990 and Nigeria in 1993, results
may simply be ignored and the “victors” subjected to intimidation,
arrest, or even execution. Dictators are not in the business
of allowing elections that could remove them from their thrones.

Anonymous said...

Why fiji is having new constitution after every coup?
Fiji problem is not the constitution but army groons.
Greedy for power /money.
Yash ghai we dont need another illegal constitution.

Shame on Frank said...

More propaganda from Bai and co today in the Fiji Sun but still no right of reply for Beddoes and co. What a farce the 2014 election will be. Any citizen who thinks this govt is trustworthy need to wake up.

Anonymous said...

@ Oddball, I agree with most of what you have stated but there is just a correction I need to make. As you have stated, FLP won in a landslide victory. it's victory was such that it had the right to form government on its own. SVT did not secure the required number of seats to be eligible for cabinet. FLP in good faith did in fact invite SVT to be part of its government. SVT, however, responded to this invitation by making several unrealistic demands as a condition of accepting this invitation- knowing well that they did not have a right to cabinet portfolios.

Anonymous said...

The entire country is now playing sarka kuto. This so-called constitutional 'dialogue' is nothing but a exercise to fulfill one man's juvenile fantasies. The people are being used as an inflatable toy. The following election will be nothing but one big circle-jerk orchestrated by the cabal of wankers now commanding the Mataivalu Ni Solisona.

Anonymous said...

Who are you to question me.without a name?
Well i did give more money to my people than what i earned in salary.
I am still struggling to pay my loans off.
Go and ask my driver atama and my sectary.
How many people you helped?
So stop barking like a dog.
I am still helping people from nz in fiji.
ask sailosi naiteqe waimanu /samurai rugby club.kadavu rugby club/ fnrl /others.
I will only come to fiji when we have rule of law and 1997 constitution restored.
why should i waste my time in fiji and do you want me to end up dead fighting the regime?
I dont have to ans any more to gutless people .
who cant even put their name.
be a man and put your name .
god bless you my friends.

Anonymous said...

I helped sports council get the sponsors .
I told them i will work for 4 months and move on .
thats what i did.
I dont need to ans to gutless people anymore.
Why dont you ask frank ?
why did he employed his daughter as ceo fsc?

Oddball said...

Anon @ 10.46

You're right mate. I forgot about the demands Kubuobola and Co. were making in 1999. Thanks

Anonymous said...

Forget the Constitution - the Mataivalu Ni Solisona must be removed once and for all before freedom and democracy can return to Fiji.This will ensure no more military coups in the future.

There is only one place for these crooks and all their supporters 6ft. under and VB & Tikoitoga can hang onto one each of Khaiyum's cherries even when they are burioed with him.

Fijiana said...

I think we need to discuss mote of here in out rather than what happened yesteryear. We need new blood, forward thinking people that have no extra baggage from days gone by and people that can take the country forward. Fiji is on verge of bankruptcy. We sure can't be just pounding on past. If we use more of our energy on what we have to do to improve the lives of Fijians for future and how we could get rid of poverty, create employment, this should be help more than just crying over the spilled milk.

kite flyer said...

take a good look at yash ghai's photo. now, tell me does he look like a man who knows where the heck he is going?
of course he doesn't!!
he's been taken on a ride by the mob in power!
poor bugger!

Anonymous said...

@Fijiana I agree with most of your points except that we also need to look at the past and learn from it.

"Those who cannot remember the past are doomed to repeat it".

Anonymous said...

More salf-gratuitous reporting from you know who

June 22, 2012 | Filed under: Fiji News | Posted by: newsroom

By Leone cabenatabua

Move over, Pacific Islands Forum. The Melanesian Spearhead Group’s growing international and regional role was highlighted again this week.
At the Rio+20 environment summit in Brazil, the MSG made a powerful presentation.
Back in the Pacific, the MSG provided $45,000 to help Melanesian entrepreneurs take part in Trade Pasifika next week on Denarau island, Nadi.
Gone are the days when the forum was the dominant regional organisation.

Anonymous said...

Yash Ghai has said that the regime should review all laws that restrict freedoms in Fiji to ensure frank discussions around the constitution and that this should happen before the process begins. Why, then, does Mr. Ghai say nothing when Bainimarama and Tikoitoga make extremely menacing statements against those only beginning to speak up? Such statements clearly have a chilling effect on free speech and thus are not conducive to free and frank discussion.

Why does Mr. Ghai remain silent regarding Aiyaz Sayed-Khaiyum's threats to close Fiji TV simply because it allowed the airing of some widely-held views that differ from the regime's? In the meanwhile, the Fiji Sun prints pro-regime opinion as fact and gives no right of reply to those it criticises. What kind of dialogue is it when only one side is allowed to state its views, and in fact is free to defame others without challenge?

Mr. Ghai is said to be confident the process will be open and transparent and that the regime will honour its commitments. Such confidence has no basis. This regime made identical public pledges after the coup but ever since has been anything but open and transparent and has continually dishonoured its commitments to the international community and to the people of Fiji. 

Mt. Ghai is a director of the International Center for Transitional Justice, a human rights organization that is supposed to assist countries in preventing human rights abuse arising from repressive rule. It claims to focus on documenting abuse, establishing truth commissions, prosecuting perpetrators, providing reparation to victims of violence, and promoting reconciliation. If Mr. Ghai focused on the regime's abuses before he agreed to serve on its constitutional commission, why does he still give any credence to the regime's phony commitments?

Perhaps Mr. Ghai will explain to us what mechanisms he proposes for documenting the abuses in Fiji, establishing a truth commission for Fiji, prosecuting perpetrators of crime in Fiji, providing reparation to victims of violence in Fiji, and promoting reconciliation in Fiji. Or does Fiji fall outside the ambit of the ICTJ's mission? If so, then why is Mr. Ghai here?

I call on Yash Ghai to comment on the principles adopted by Fiji Labour Party at its meeting. Does he object to any of them? This is not the time for shrinking violets. If Mr. Ghai does not assume greater ownership of this process, then he will soon face a dilemma. He will recognise belatedly that he must either rubberstamp a dishonest process framed by the regime or he must leave, confirming the deceitfulness of the regime, admitting the failure of his efforts, and looking gullible and foolish.

The regime will demand his virtue. He must either surrender it or act decisively to defend his chastity by fleeing Fiji with his dress in tatters, so to speak.

Similarly for Christina Murray. Is anyone muzzling her, preventing her from laying out her own expectations for the parameters to be observed by all parties to the constitutional 'dialogue'? She's an independent moral agent, and her reputation is also at risk.

I bear no ill will toward either commissioner... yet. But I have no shred of trust in regime assurances, do not recognise the validity of the regime's constitutional process to date, seriously doubt the value of the commissioners' involvement, and deeply suspect the motives and integrity of anyone recruited by the regime. If the commissioners stand up for constitutional principles and the rule of law, without compromise, then I look forward to their statements challenging the regime's misconduct, and to their expulsions. If instead they endorse a dishonest process, then they will feel my enmity, so help me God, and share in the blood guilt for what follows.

s/ Dakuwaqa

Qoliqoli Bill said...

Interesting comment I read on Fiji Democracy Now

archiebald newton Says:
June 21, 2012 at 10:51 am | Reply

I really feel sorry for the Fijian qoliqoli owners for what they understood to be their birthright has now been taken away from them all because of someone claiming to be a prime minister who is just being manipulated into doing things he does not fully understand.
At several of the meetings of the Chiefs after the Native Lands Ordinance was adopted in 1880 several chiefs were asking the Governor as to what about the ownership of their qoliqoli or fishing grounds, now that the ownership of their mataqali lands have been determined and registered. The governor normally despatched such questions to the Queen in England. In the Chiefs meeting in Nailaga in 1881 the Queen’s reply was read out by Governor O’Brian that the Queen will not lay any claim to the land and fishing grounds that the Fijian people have possessed as passed down from their forefathers. The Queen’s message continued and said that, now that their native lands have been surveyed and registered, the Colonial government in Fiji will also ensure that their qoliqoli ownership will be determined and registered in the same manner that their lands have been processed.
Successive governments since that time including the Alliance and SVT, never took any serious steps to carry out that promise by the Queen until the SDL came to power. Qarase undertook to complete the task through the now controversial Qoliqoli Bill.
The bill proposed for land beneath the qoliqoli to be vested in the NLTB just like any native land and administered in the same way as any other native land where leases can be issued, or dealt with just like any other lease on native land.
Existing hotels and resorts can lease the foreshores immediately adjacent to them and it will come under the protection of NLTB so all these stories and rumours being spread around by opponents to the bill that the bill will prevent anyone entering the foreshore area are all lies.
Following that the 2 Ratu Epelis with Bainimarama and their wives were invited to the Turtle Island resort by Richard Evanson and were wined and dined there for a couple of weekends in 2005 and 2006 and it was after that moment that we started hearing Binimarama talking about the Qoliqoli Bill and the rest is history.

Anonymous said...

Anon@4:26pm...you statistic is incorrect,Indo population in Fiji
by 2007 census was 37%in the past
5 years over 15% left the country,so Indo numbers have badly
been reduced.22% is a pretty low numbers and with the free one man vote strategy, Indo may not be elected in the next parliament.?

Anonymous said...

An emotional eulogy from the Tui Nakelo, Ratu Manasa Talakuli during the funeral service of his wife, Adi Samanunu Talakuli, called on the Cakobau brothers from Bau to love each other during these trying times.

Speaking on behalf of the Tui Nakelo, chiefly herald, Poasa Ratu said that the Tui Nakelo's advice to his brothers-in-law, Ratu Joji Cakobau and Ratu Epenisa Cakobau is to love and respect one another while the decision on the appointment of the Vunivalu of Bau title is made.

Ratu said that the Tui Nakelo and the Vanua really miss Adi Samanunu.

Adi Samanunu was laid to rest at the Sautabu in Nakelo in the last hour.

The funeral included traditional warriors and the beating of the lali as the late Adi Samanunu was taken from her residence to the church and then to the chiefly burial ground.

More than a thousand people attended the service including President Ratu Epeli Nailatikau, the First Lady Adi Koila Nailatikau, Marama Na Roko Tui Dreketi, Ro Teimumu Kepa, the Tui Tavua, a delegation from Tonga, high chiefs from various provinces and people from all walks of life.

Adi Samanunu was the eldest child of the late Ratu Sir George Cakobau.

She was also a former Minister for Fijian Affairs, senator and former Ambassador to Malaysia.

Story by: Rusiate Baleilevuka, Vijay Narayan and Tokasa Rainima

Anonymous said...

Mr Newton much of what you say is true with regards to the Queen then and the Qoliqoli but if you had cared to research what the late Ratu Sir Lala Sukuna had tried to do with the qoliqoli you soon find out the difficulties that was already facing the then administration in Fiji! It is one thing to try and legislate qoliqolis which is basicially fishing rights another when to start to sort out how far out to sea do these claims go ie as far as the reefs beyound the reef? Who polices the qoliqolis with regards to the sea close to the shore line? Who says where one qoliqoli begins and one ends? These were the some of the issues facing the late Ratu Sukuna, to say no one in the administration wanted to do anything is really pushing it! Ratu Sukuna began a process that took away most of the prime years of his life in service to the peoples of Fiji, ie the land reforms which today lets the iTaukei have land as opposed to indigenous people from other countries eg NZ and Australia who had nothing up until recently. So lets give people some credit. If there was such a major issue with qoliqolis why is it you still read that the Chiefs of various areas have put a stop to fishing in their qoliqolis and the people have accepeted it even Govts? They seeem to know where their qoloqolis are-its us that have a problem. If this was not a political issue we would not have been talking about it simple as that?

Anonymous said...

Anonymous if my stats is incorrect I have just quoted from the article published by C4.5? You need to let then know??

mark manning said...

Basically they used Frank and Frank used their argument against the qoliqoli bill to his own end, to avoid prison.
Now the Resort owners are struggling to keep their heads above water or should I say above qoliqoli ?

Taukei. said...

Obviously not - but definately taking the money.

Anonymous said...

Professor Dr Nandans book 'Sarka Kuto (masturbation) was his youthful passion,' probably still is! See his book 'Requiem for a Rainbow,' p.97.

This will be the grounds of acceptance by the Constitution Review to all submission.

Perhaps it might be pleasing to see the Illegal Constitution Commissioners SARKA KUTO amongst themselves in public...........Blady KAISI.....

Anonymous said...

The President & his wife,were present at Adi Samanunu funeral as well as the High Chief of Rewa,all the high chiefs of Bau,& all of Fiji. WHERE WAS THE ILLEGAL PM? I'll tell you this, he can't be in the funeral, because he's in the Chinese hospital, possible dead after his stroke?
The Tui Nakelo is Bainimarama high
Chief.Sooner or later someone from the Medias will break into this pathetic lies.

Maya said...

Richie Evanson hoodwinks the people of Yasawa with his token gestures, here and there, but he has been one of those unseen backers of this regime right from the get go. His time will come....mark my words....the bloody conniving prick.

Anonymous said...

What an oddball collection of Local commissioners, a near-bankrupt drifter (Vakatale), a self-confessed Masturbator (Nandan) and a complete Wacko (Peni Moore. Professor
Ghai, this is not PNG or Solomons, People n Fiji are not so gullible. If you care for your reputation, ask again for the removal of all restrictions to free speech. Put the regime to the test. See if they honor their word. Otherwise, please withdraw and keep your integrity intact.