Fiji Materials [2006 - 2009] of Legal Interests
Fiji issues decree to prevent legal challenges
SUVA, Fiji — An official from Fiji’s High Court issued a decree Thursday to prevent legal challenges to decisions made by the South Pacific nation’s president or other leaders since a December 2006 military coup.
Notices posted at court entrances in the capital, Suva, said the court would not accept any complaints relating to the abrogation of Fiji’s constitution on April 10 or any other government actions since the coup that ousted the democratic government.
Notices issued by Ana Rokomokoti, the High Court’s acting registrar, said litigants whose proceedings had been discontinued were being notified. She did not specify how many cases were affected.
The move comes eight days before a deadline for Fiji to set a date for democratic elections or become the first country to be suspended from the 16-nation Pacific Islands Forum regional grouping.
On April 9, Fiji’s Court of Appeal ruled that the 2006 coup by military leader Commodore Frank Bainimarama was illegal, as were all decisions made by his military-led government.
President Ratu Josefa Iloilo responded by abolishing the constitution, firing the nation’s judges, imposing emergency rule and reinstating Bainimarama and his Cabinet. He ordered censors into newsrooms and has since ruled by decree on the advice of Bainimarama, a situation foreign critics have condemned as a military dictatorship.
Although the High Court stands empty, unconfirmed media reports suggest that Iloilo will appoint new senior court judges within days.
Iloilo also issued a decree setting up the framework for a new court system and the appointment of judges, which would require Iloilo’s approval, and sought to put Bainimarama’s rule beyond the threat of any further legal challenge.
“No court shall have the jurisdiction to accept, hear and determine, or in any other way entertain, any challenges whatsoever by any person to the validity or legality of any decrees made by the president from 10 April 2009,” the decree said.
Rokomokoti’s notice said among cases the High Court will refuse to accept are those that challenge any actions by the government since the Dec. 5, 2006 coup, including deportations from Fiji.
Suva lawyer Niko Nawaikula, a lawmaker in the deposed government of former Prime Minister Laisenia Qarase, said he had three cases that would not be heard under the new decree.
There was no immediate comment from the Fiji Law Society, whose president, Dorsami Naidu, was taken in by security forces and held for two days last week. Up to a dozen journalists have also been questioned by security forces, and three foreign journalists have been expelled from the country.
Fiji suspended from the CommonwealthSeptember 1st, 2009 WELLINGTON – The Commonwealth has fully suspended the South Pacific Island of Fiji after it failed to meet a deadline to set a 2010 election date, according to a statement released late Tuesday from London. Commonwealth Secretary-General Kamalesh Sharma said the decision was made with deep regret and sorrow.
New Zealand says Commonwealth likely to suspend Fiji after regime strengthens grip on powerJuly 29th, 2009 Fiji faces possible suspension from CommonwealthSUVA, Fiji — Fiji will likely be suspended from the Commonwealth bloc, New Zealand said Wednesday — a day after its military ruler strengthened his grip on power by replacing the ailing president with a stronger ally. Self-appointed Prime Minister Frank Bainimarama, the armed forces chief who seized power in a 2006 coup, announced President Ratu Josefa Iloilo would step down on Tuesday.
Fiji to be fully suspended from Commonwealth: New ZealandJuly 29th, 2009 WELLINGTON – New Zealand Foreign Affairs Minister Murray McCully said Wednesday that Fiji would be fully suspended from the Commonwealth. McCully, who was on his way to London for a meeting of the Commonwealth Ministerial Action Group, said the retirement of Fiji President Ratu Josefa Iloilo is unlikely to influence the outcome, Radio New Zealand International reported Wednesday.
President of military-led Fiji to step down in favor of former military chiefJuly 28th, 2009 President of military-led Fiji plans to step downSUVA, Fiji — Military-led Fiji announced Tuesday that its aged and ailing president will step down later this week and be replaced by a former army commander, a move observers say will consolidate the military’s rule in this South Pacific nation. Self-appointed Prime Minister Commodore Frank Bainimarama, who took power in a bloodless 2006 coup, said President Ratu Josefa Iloilo will retire on July 30.
Ousted Thai leader Thaksin seeking Pacific asylum: ReportJuly 9th, 2009 WELLINGTON – Thaksin Shinawatra, the ousted prime minister of Thailand, is touring the Pacific seeking political asylum, according to a report Thursday on the Fiji-based Pacnews website. Thaksin and an entourage were given the full VIP treatment when they flew Monday into Fiji on a private jet and reportedly met the Pacific island state’s military strongman, Commodore Frank Bainimarama, in the capital Suva.
Fiji regime extends emergency powers till end of the yearJuly 2nd, 2009 WELLINGTON – Fiji’s military regime has extended emergency powers, which ban political meetings and criticism of the government, until the end of the year, according to reports from the capital Suva Thursday. The powers were imposed in April after the Court of Appeal ruled that the administration of military strongman Voreqe Bainimarama, who took over the Pacific island country in a bloodless coup in December 2006, was illegal.
New Zealand says Fiji faces suspension, isolation after rejecting democracyApril 30th, 2009 NZ: Fiji faces growing isolation in South PacificWELLINGTON, New Zealand — Fiji faces imminent suspension from a key South Pacific bloc and growing international isolation because its military regime has refused to restore democracy quickly, New Zealand warned Thursday. The 16-nation Pacific Islands Forum says Fiji will be the first member to be suspended, effective May 1, if elections are not announced for this year.
New Zealand: Fiji to be suspended from South Pacific Forum over military ruleApril 29th, 2009 Pacific Forum likely to suspend military-run FijiWELLINGTON, New Zealand — Military-run Fiji likely will be suspended from the 16-nation Pacific Islands’ Forum on Friday — the forum’s deadline for the country to commit to hold elections later this year, New Zealand’s prime minister said Wednesday. Prime Minister John Key said from his talks with other Pacific leaders he had “no reason to believe they (Fiji) would be anything other than suspended from the forum on May 1.” The forum’s chairman, Niue Premier Toke Talagi, agreed, saying regional leaders will back up their threat to suspend Fiji from the diplomatic and economic grouping.
Fiji official: Top judges to be appointed soon to replace sacked justicesApril 24th, 2009 Fiji: Sacked top judges to be replaced soonSUVA, Fiji — Fiji’s military regime will appoint new top judges early next week to replace justices sacked two weeks ago when the president abolished the nation’s constitution, an official said Friday. Attorney General Aiyaz Sayed Khaiyum said naming new judges is key in gaining the confidence of Fiji’s citizens and of other states.
Official: outlaw Fiji regime needs good lawyers to help restore rule of law, courtsApril 21st, 2009 Fiji needs good lawyers to restore rule of lawSUVA, Fiji — Fiji’s former solicitor general, fired in a political upheaval two weeks ago, accepted reappointment Tuesday, saying the country needs qualified lawyers to help restore the rule of law. Christopher Pryde rejected calls by the New Zealand and Fiji law societies for lawyers to refuse appointments to posts in the military-led regime.
Prime Minister: New Zealand would consider peacekeeping troops for FijiApril 20th, 2009 NZ would consider peacekeeping troops for FijiWELLINGTON, New Zealand — New Zealand would consider sending troops into Fiji if they were needed to provide stability as part of a multilateral peacekeeping action but would not act unilaterally, the prime minister said Monday. Prime Minister John Key said the situation in Fiji was “tragic” but stable since the constitution was abolished and the judicial system overthrown more than a week ago, leading to diminished media freedoms and an economic free fall.
Bainimarama says his new legal order is the future of FijiApril 17th, 2009 SUVA – Fiji dictator Colonel Voreqe Bainimarama has claimed that his new “legal order” is the future of the island nation. In an extraordinary speech to civil servants this morning, stuff.co.nz quoted him a saying that with the abrogation of the constitution “a new Legal Order has been created.
Experts say Fiji in danger of becoming the Burma of the South PacificApril 13th, 2009 VANUA LEVU – Years of stifling military rule and financial destitution are propelling Fiji towards becoming the Burma of the South Pacific, claim regional experts. These commentators, according to the Sydney Morning Herald, have labelled the latest developments in Fiji an outrage.
Aussie PM condemns Fiji emergency as “military dictatorship”April 12th, 2009 MELBOURNE – Australian Prime Minister Kevin Rudd has condemned the recent declaration of emergency in Fiji, saying that the move would turn the great country into a military dictatorship. “Australia condemns unequivocally this action by the military ruler of Fiji to turn this great country, Fiji, into virtually a military dictatorship, with the suspension of freedom of the press and actions which undermine prosperity for the ordinary people of Fiji” news.com.au quoted Rudd, as saying.
Monday, 09 November 2009 [by realfijinews ]
United States Policy on Frank Bainimarama’s Roadmap ConfirmedAt this point, keeping sanctions in place is the only reasonable stance the US could take.
Like US Ambassador for Asean Affairs Scot Marciel said, without a fully inclusive process, which includes the party that won by a landslide in the previous election, it would be difficult to make Burma’s 2010 elections creditable.
Reconciliation has been a buzzword for some time in the Burmese political arena. But the earnest overtures have only come from opposition political parties and non-Burmese ethnic groups in the form of federal proposals and tripartite dialogues to end the internal conflict. However, the Burmese junta has been pressuring and oppressing its contenders to yield to a self-drawn, military supremacy constitution, leading to the establishment of a so-called “disciplined democracy”, without offering any genuine give-and-take options for further reconciliation.
According to Alternative Asean’s press release on October 30, the 2010 elections based on the junta’s 2008 constitution, will be a recipe for continued conflict.
The constitution has given the military immunity from prosecution and freedom from public accountability; control over future constitutional amendments; and legitimacy to subjugate ethnic communities.
In short, the junta’s 2008 constitution should be viewed in light of whether it is really in line with the people’s political aspiration or not.
For without the people’s endorsement, which is the heart and soul of the issue, there would never be a democratisation process.
The solution to resolve this ongoing crisis would be a constitutional review process involving all stakeholders and the election law that guarantees an all-inclusive participation, after the constitutional amendments, to reflect common practice.
And this could only happen, when Aung San Suu Kyi’s National League for Democracy, ethnic groups – political parties and as well as armed opposition – and the junta are able to thrash out their differences in a tripartite dialogue that is endorsed by the UN and reaffirmed by the US.
The Nation (Thailand) 11-08-09
You see Frank unless the SDL Government are included in your bogus road-map to nowhere you will not be recognized son, stop the Terror and Surrender.
“The United States believes that the return of democracy in Fiji will depend on an open and transparent process that includes the participation of all political parties in a genuine dialogue that is independent, inclusive, time-bound, and with no pre-determined outcome.”
Read it again here : http://realfijinews.xanga.com/705571232/us-embassy-on-frank-bainimaramas-fiji/
The failure of democratic politics in Fiji By Stephanie Lawson
http://books.google.co.nz/books?id=_Xk-158t2jIC&lpg=PA243&ots=H3WHw32yov&dq=fijian%20chiefly%20system&pg=PP1#v=onepage&q=fijian%20chiefly%20system&f=false