The Constitution – everyone is a player

As it stands (in the eyes of the majority), the Constitution of Fiji is the highest law of the land. If in doubt, refer to the constitution for advice.

Now in the case of the military and interim government, it means “picking and choosing” what advice they take.

For example, they conveniently observe Chapter Seven s109 of the constitution regarding the dismissal of the Prime Minister. And back it up with some absurd reason such as the 1975 dismissal of the Whitlam Goverment by Governor-General Michael Kerr. Yeah whatever. Kerr dismissed Whitlam because the upper house was blocking supply. Not because the Australian Defence Force did not like what Whitlam was doing with the country.

But when it comes to Chapter 4 s25 of the constitution regarding freedom from cruel or degrading treatment, a blind eye is turned. Colonel Driti unleashes his quasi-sexual torturous orders against people, people get bashed at checkpoints with withheld medical care and citizens are killed brutally and in the most degrading way. And these individuals have received little or no recourse. Meanwhile the military says its fine since these people were either resisting, breaking the law or just annoying the military. No precedent whatsoever is applied by the military in their treatment of others.

But just remember no matter how much you are against the military or the interim government, we are all bound by the constitution. Everyone must follow it. Lets have a look at some examples to get you thinking and hopefully reading.

1) Decrees and promulgations such as the immunity decree and the FICAC promulgation hailed the interim government as law.

=> The appropriate constitutional section.

Section 45 Legislative power

The power to make laws for the State vests in a Parliament consisting of the President, the House of Representatives and the Senate.

2) Bainimarama bleating on about how racist Fiji is and how its destroying the country. How some politicians are giving the Vanua too much and giving Indians too little. How the churches and Fijian organisations are spreading rumours and lies about other peoples.

=> If someone is being discriminated, then they can refer to this section.

Section 38 Equality

(1) Every person has the right to equality before the law. (2) A person must not be unfairly discriminated against, directly or indirectly, on the ground of his or her: (a) actual or supposed personal characteristics of circumstances, including race, ethnic origin, colour, place of origin, gender, sexual orientation, birth, primary language, economic status, age or disability; or (b) opinions or beliefs, except to the extent that those opinions or beliefs involve harm to others or the diminution of the rights or freedoms of others; or on any other ground prohibited by this Constitution. (3) Accordingly, neither a law nor an administrative action taken under a law may directly or indirectly impose a disability or restriction on any person on a prohibited ground. (4) Every person has the right of access, without discrimination on a prohibited ground, to shops, hotels, lodging-houses, public restaurants, places of public entertainment, public transport services, taxis and public places. (5) The proprietor of a place or service referred to in subsection (4) must facilitate reasonable access for disabled persons to the extent prescribed by law. (6) A law, or an administrative action taken under a law, is not inconsistent with the right to freedom from discrimination on the ground of: (a) language: (b) birth; (c) economic status; (d) age; or (e) disability; during the period of 2 years after the date of commencement of this Constitution if the law was in force immediately before that date and has remained continually in force during that period. (7) A law is not inconsistent with subsection (1), (2) or (3) on the ground that it: (a) appropriates revenues or other moneys for particular purposes; (b) imposes a retirement age on a person who is the holder of a public office; (c) imposes on persons who are not citizens a disability or restriction, or confers on them a privilege or advantage, not imposed or conferred on citizens; (d) permits a person who has a discretion to institute or discontinue criminal proceedings to take account in the exercise of that discretion of traditional procedures in the State for the settlement of disputes; or (e) makes provision with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters as the personal law of any person or the members of any group; but only to the extent that the law is reasonable and justifiable in a free and democratic society. (8) A law, or an administrative action taken under a law, may limit a right or freedom set out in this section for the purpose of: (a) providing for the application of the customs of Fijians or Rotumans or of the Banaban community: (i) to the holding, use or transmission of, or to the distribution of the produce of, land or fishing rights; or (ii) to the entitlement of any person to any chiefly title or rank; (b) imposing a restriction on the alienation of land or fishing rights held in accordance with Fijian or Rotuman custom or in accordance with Banaban custom; or (c) permitting the temporary alienation of that land or those rights without the consent of the owners. (9) To the extent permitted by subsection (10), a law, or an administrative action taken under a law, may limit a right or freedom set out in this section for the purpose of providing for the governance of Fijians or Rotumans or of the Banaban community and of other persons living as members of a Fijian, Rotuman or Banaban community. (10) A limitation referred to in subsection (9) is valid only if it: (a) accords to every person to whom it applies the right to equality before the law without discrimination other than on the ground of race or ethnic origin; and (b) does not infringe a right or freedom set out in any other section of this Chapter.

3) Bainimarama going on about how convicted criminals will not stand for elections in Fiji.

=> Well unfortunately for you Josaia, they can.

Section 58 Nomination as candidate for election

(1) A person is not eligible to be elected as a member of the House of Representatives unless duly nominated. (2) A person is not qualified to be nominated as a candidate for election to the House of Representatives if he or she: (a) is not a registered voter or has ceased to have a right to be registered as a voter; (b) is an undischarged bankrupt; or (c) has an interest in an agreement or contract entered into with the Government or a government authority, being an interest of a kind prescribed by the Parliament as an interest that must not be held by a member of the Parliament or a presiding officer of a House of the Parliament. (3) Only a person registered on a roll referred to in subparagraph 51 (1)(a)(i), (ii), (iii) or (iv) is qualified to be nominated as a candidate for election by the voters on that roll. (4) A law made by the Parliament may make provision relating to the nomination of candidates. (5) If, at the close of nominations for 2 or more elections to the House of Representatives, there exist nominations of a person for 2 or more of those elections, each of the nominations is invalid.

So if you’re reading this at home, get on the net or go and buy a copy of the constitution. Its an important document that every Fijian should read, learn and understand to see where they stand and what rights they have.

What fucking charter? What fucking council?

In another show of blatant ridiculousness, the Arya Pratinidhi Sabha has accepted a seat on the National Council for Building a Better Fiji (NCBBF). To be fair, its only one of many rotten institutions who has gone ahead and aligned itself with individuals who really don’t care about ordinary Fijians. The reasons according to Mr Arya included “having the best interests of the nation” and “to move Fiji forward”.

Now for those who don’t have some brain disease those statements sound awfully familiar. Yes, the interim government and military have had this unusual habit of parroting those very statements for our benefit on a daily basis. Especially Bainimarama who seems to have himself set on a timer to play the same old messages daily at the usual time.

But getting on to today’s lesson. The Peoples (Military) Charter and the NCBBF (and for that matter the military council). The word “charter” has replaced “constitution” in the eyes of our rulers. Also the word “council” has replaced the word of “parliament”. This subtle use of the language fools few and makes the highly intelligent laugh with stitches in their sides.

Essentially, Fiji’s constitution and parliament has been replaced by hand picked (not democratically elected) individuals and a piece of paper set to override the constitution. So much for not abrogating it, you’ve done it by proxy. The catch cry from Aiyaz Sayed-Khaiyum has been to “come together for Fiji” and “thinking of the country”. So he is saying that we’ll use a council and charter to determine how “WE, THE COUNCIL(S)” run Fiji so we can tell “YOU” how run your affairs. Shouldn’t it be “WE, THE PEOPLE” determine how “WE, THE PEOPLE” run our own affairs? Rubbish thats not truly democratic, thats just having elections and putting people in power (hehe…).