#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: What Constitution Commission members are reading as prep work

Thursday, June 28, 2012

What Constitution Commission members are reading as prep work

More of the reading material Yash Ghai has steered the five-strong Constitution Commission towards, including his paper, Decreeing and establishing a constitutional order: challenges facing Kenya, which shows why the good professor has sided with the regime in excluding political party representatives on the Constitution Review Constitution.

We point bloggers in particular to page 6 where Ghai says: "This history suggests that there are good reasons why politicians should not bepermitted to play such a decisive role in constitution making. Each politician, or atleast each political party, will aim at provisions which ensure their access to power."

The second paper, the Role of Constituent Assemblies in Constitution Making, goes some way to answering some of the concerns raised by political parties recently about the make-up of the Constituent Assembly.

Both are essential reading for all following the work of Yash Ghai, who Coupfourpointfive understands is expected to be in Fiji in the first week of next month.

Ghai's paper on decreeing and establishing constitutional order
Ghai on Constituent Assemblies

Letter to the Editor
A better democracy or true justice
As discussion and debate about submissions to the Constitution consultation process begins by different facets of our society, I am drawn to the commitment mentioned numerous times by Fiji’s military leaders "to build a better democracy for Fiji".

This begs the question, what is a better democracy? The answer is simple. You and I or Fiji's military cannot make or build a better democracy if we cannot even follow the simple concept of democracy. Democracy is it. By its own definition, democracy is “government by the people; rule of the majority; supreme power is vested in the people.” If anything has to be made better, it is the people who are the cornerstone of this democracy. People's understanding. People's lives. People's dreams. People's hopes. People's rights. People's responsibilities. People's everything.

And for this democracy to function properly and be a good government for the people who are vested the supreme power to make this democracy work, one thing is simple and final, “The true administration of justice is the firmest pillar of good government” (quote on a court building in Manhattan, New York, USA).
Vani Veikoso
New York

Gay Maxwell (FS 28/6) should give himself his own advice to 'at east try to be intelligent' because his own letter is  gobbledygook.
He wants ex-politicians to give him a 'break' and shut up because 'they do not even know if they are eligible to stand' for the elections.
What rubbish! Every citizen has the right to stand. That right does not depend on the whim of the people in power.
It is a right bestowed upon citizens by law. The constitution maker Prof. Yash Ghai can confirm this.
I am not aware of any ex-politician having forfeited that right todate.
They therefore have the right to speak their minds freely even if someone like Maxwell  feels unwell by what he hears them say.
That is democracy.
Yours sincerely,
Rajend Naidu


Anonymous said...

Ghai stop wasting time .1997 constitution is still alive.
Do you want to be charged for treason too.

mark manning said...

Arrest him for Sedition when he arrives in Fiji !

Anonymous said...

Vani, democracy is more than just majority rule. It also consists of minority rights. But your basic point is right: its success and its defence rests fundamentally on the people.

'Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it... While it lies there, it needs no constitution, no law, no court to save it.'

To Yash Ghai, I say the 1997 Constitution lives.

To Bainimarama, I demand you let my people go!

Anonymous said...

Mark Manning, you really are miserable piece of work, aren't you. This guy is trying to help Fiji out of the mess it's in and you say he should be arrested for sedition!

I know you're a clinical hypnotherapist but you seem to have been working a bit too much on yourself to have achieved such a deluded state. Sad. Why don't you leave Fiji to the Fijians to work things out?

Pyro Fan said...

Here's what I'm reading:

From a former top explosives expert with the Israeli Army comes a manual that presents ten simple yet powerful formulas for explosives and incendiaries that give the basis for making bombs, booby traps and mines. Learn to obtain or make the needed chemicals, or get substitutes.


Anonymous said...

Is this so called constitutional master maker serious on his opinion about barring political parties from being involved with the claim that they were going to aim for provisions that will ensure them access to power? How do you consider that view against political parties that may appear after the constitutional formulation. And whose opinion is going to be considered in the formation of the constitution.

Anonymous said...

Frank and ASK .
Where is the promise to uphold the 1997 constitution.
frank you have given fijian lies/false promise .what we got from your regime.

Anonymous said...

The professor is a foreigner in Kenya and only a naturalised citizen, hence he has a capitalistic mindset, and will never understand the other side of the coin. In other words his prognosis is error prone, unreliable and invalid.

Kai Viti

Anonymous said...

Kemuni na noda!

Eda sa vakaloloma taki.

Kivei kemuni na noda sotia kei na ovisa!

Sa qai vinaka beka vei kemuni me:

1. Da sa vaqitori ka vakaisini tu vakaoqo?
2. Sa lewa na ka kecega o Khaiyum, wili kina na nodra vakacakacaka taki vakiloa na muslims e Viti?, ka sa toroa cake na nodra viavia levu kei na qaciqacia?
3. Me sa vakalaboca vakadua na kawa i taukei kei na kena veiliutakai vakaturaga vakavanua?
4. Sa vakatarai ka volitaki na noda lewa vakavanua me baleta na noda qele..o koya a valataka vakaukauwa na Turaga talai sa bale.
5. Sa vo ga qo me sa na mai bai paodi taki na noda dui veikoro, na kena qele kei na i qoliqoli, baleta ni sa na sega ni sauma rawa na matanitu na dinau kei na kena i kere, ka wili kina na vei yalayala eso era sa vakayacora oti (vakaivola se sega) vei ira na dau ni bisinisi mai Idia, China, matanitu vakaarapea eso etc.
6. Sa qai sivia ga mai na kena vaka Idia taki na noda vanua. Sa gole mai na Bollywood kei na kena vei tabana kece sara, ka me sa qai kari wavoki ga na noda vanua lomani o Viti. Sa cuqena tiko vakaukauwa na matanitu na vaka Idia qo.
7. E vaka o ni sa mataboko tu, baleta ni sa vesu tu na nomuni mona ena vei ka e sa mai yaco, ia sa vaka me tini botoilevu tiko mai, baleta na vei yalayala eso me baleta na vei vakasavasava taki e sa sega tiko ni vakavotukana taki rawa. O ni sa kila sara tiko ga o kemuni na kena dina.
8. Na noqu kerekere mo ni veisau vakatotolo, de na qai yaco na vala, kau sa na via tukuna rawa tiko yani qo, baleta na kai Viti ena vakamatea tale na Kai Viti; erau na veivakamatei na vei tacini, na veitamani, na veivugoni etc.

Ke dua vei keda na i taukei se kemuni na sotia kei na ovisa e vinaka tiko vua na ka e sa cakava tiko qo o Khaiyum me sa Vakamusolamani taki ka VakaiIdia taki vakatotolo na noda Viti lomani, na kena kawa tamata, na kena vakaturaga, na kena lotu kei na kena veiwekani, ia sa rairai leqa tiko beka na koro turaga.

E so vei keimami na kai Viti, e keimami cata na e cakava tiko o Khaiyum, vakauasivi ni sa galu tiko vakadede na i liuliu ni vuaviri, o koya e dodonu me vosa tiko...baleta e rairai sa sega ni rawa nai naki taumada, ni sa qai levu ga na duka.

O i sa saka na KAI VITI.

Anonymous said...

we will keep fighting the regime.
one day regime will fall.
the day frank dies than aziz and fijian armies will struggle for commander post.
khaiyum and aziz had plan to let muslim rule fiji.
aziz commander/khaiyum pm/madam nazat vp and iqbal janif president.
we will not let your rule fijian mf.

Anonymous said...


Anonymous said...

Na cava tale ko ni se waraka tiko na mataivalu ni Viti. E rataou sa na veiliutaki dina na musulomani oqori.Sa evei ko Bai? sa sega ni rogo tale na domona.Sa rui sivia na viavialevu nei Kaium. Ni sogota mada na gusuna.

Anonymous said...

Anonymous 4:11, doesn't your (il)logic apply equally to Yash Ghai? Shouldn't Yash Ghai, too, leave Fiji to the Fijians to work things out?

mark manning said...

@ anon 411 p.m.
I'm a miserable piece of work ?
I haven't tortured, murdered, detained and abused anyone, unlike frank and his colleagues.
The problems in Fiji don't just affect Fijians, but more importantly, Democracy which I enjoy, is something I must stand up for, even if in another Country.
now as for Fijians sorting out their own mess, well that's not really happening is it ?

mark manning said...

It's funny how people tell me to stay out of Fiji's affairs, yet the Regime is happy to pay outsiders to interfere.
Maybe I should apply for a Consultation fee as well.

Vani said...

To Anonymous 4:06 -

I believe the definition of "rule by majority" does not mean a majority race or ethnicity, it means numbers, as in voters who vote, and have chosen the leaders they want in a "free and fair" election (again lends itself to any kind of interpretation).

The bottom line is WE, whether you're a majority or minority, are the PEOPLE. And the PEOPLE have to know where their place is in society.

From the short Ghai snippet told here about why policitians should not be permitted to contribute to Constitution making is ILLEGAL because a politician is part of the PEOPLE in a democracy, so, is the military. However, the difference lies in the the ROLES that needs to be taken into account when defining our responsibilities in the HOW we practically implement the Constitution. Herein lies the importance of each and every one of us to understand the basic concept of democracy, only then can we try to build better lives for everyone...and even then what is a better life for me may look different from the next person.

Anonymous said...

I endorse Vani's comment on Politicians as being people too. They are human being and citizens of the country aren't they? So they have exactly the same human rights as people from a street man to president. What I can see here is ghai is unable to deal with the sharp talking acumen of politician who will punch loopholes into this sham. Why should he be concerned if all what they claim was clean and over board. He will be in the chair and can discern and rule on the right and wrong of issues raised. If he cannot then he is not worth sitting there.

Anonymous said...

Mark you want to make out you really care for Fiji -what a load of bull! As for torturing, murder and detaining people its happening in Australia to the Aborigenes! Not 200 years ago but a slow continuing process which exists till today! Did you know that your Govt in the stilness of the night passed in Parliamnet a bill to continue the "invasion' of the Aboriginal communities in Norther Territory! Yes soldiers are used to run the show in disprove allegations of child abuse etc so they could continue their control of Aborigenes! What do you call detaining REFUGEES or as your mob likes to call them "Illegal Migrants"! Or didn't you know that? You wnanne come here and preach to us of your "Hollier" than philosophy go clean you backyard first. Yes you may have Democracy but its only for those with a fairer skin-go ask the Black fallow id democracy exists in his way of life! You must think we dumb you now wnat to ask for Consultanty fees -so far you only given us your biased views and stupid comments-if you really can do a better job than Qai say so, else you what we call inj Fijian -Taika sega na batina! A toothless tiger, no else to get noticed & attention but on this site. Welcome to our world we will bath you , dry you and cook you for free, eating not in me life , with the kindof hatred you have your flesh will be to dry and hard like a rock!

Anonymous said...

Mark Manning don't make stupid comments it shows what a bigger fool you are than what you try and make out to be! Arrest him for sedition-pity we don't have a law to arrest people for stupidity!

Koala Bubu said...

Good on ya Mark you making these Khaiyumbum supporters lose their rag. You have as much right as anyone else to popke and prod. I myself am fed up with hearing their Aussie bashing.

Just Saying said...

As chair Ghai is obviously having a strong influence on what the review commitee read but let's hope they have enough brains to do some home work of them own and bring something else to the table.

mark manning said...

thanks 612 p.m.

@ anon 440 p.m. and 442 p.m.
and you call me bias !
what tirade of abuse and prejudice against anyone other than those of dark skin.
yes, I do live in a Democracy and you don't and any disenfranchised in my Community, can do something about it, but in Fiji, they are taken to the Military Barracks, tortured and abused.
If you are a Soldier, you are a coward, a coward because you hide behind anonymous and support High Treason and your demented master and his supporters !
If you are Indian, it is you who is the racist, your views old fashioned and designed to confuse and trick others, but they mean nothing to me, I have many Indigenous friends and Family, both Australian and Fijian, both Indian and Indigenous and Family !

Many Fijians disagreed with my stance against the Regime and its supporters, the Military and the coup itself, but as time has gone by and the truth exposed, many have changed their minds and now agree and more importantly, understand.

Anonymous said...

Mark, are you for real? "Some of my best friends are Fijians"? Sounds like the old "some of my best friends are Jews". If they are, you don't need to say it.

mark manning said...

@ anon 935 p.m.
I didn't say some of my best friends are Fijian ! You said that.
You need to take a deep breath and re-read what your reading for you respond, your far too emotional and one sided and one eyed !

Zincked said...

Mark if you really stand for openness, fairness and democracy where people get to air their views, no matter how different they are to yours, then publish all comments. isn't this the point of the blog or is it for self promotion. I know how you continue to screen and block comments that criticise you and your views. Calling the pot black, la di da...

kite flyer said...

Just remember some of the strongest campaigners for Aboriginal land, citizenship and human rights have been and are new generation white Australians - academics, lawyers, civil rights advocates and even ordinary folks. They acknowledge the historical wrongs, the atrocities the Aborigines suffered at the hands of their colonial ancestors and are dedicated to do all they can to make things right for the First Australians. We can't change the past but we can shape the future - a better future - for all Australians. Don't ignore that and betray your anti- Australian prejudice.

mark manning said...

@ zincked
Graham have you changed your name from anonymous to zincked ?
I don't monitor any blog sites. It's not for me to deny nor admit any comments.

Anonymous said...

June 29, 2012 9:35 PM is Graham Davis.

June 29, 2012 11:10 PM is probably, also.

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