Repúblika | October 2012 by Repúblika

October 2012 | $3.95VIP

republikamagazine.com

25 YEARS LATER

banana REPUBLIC The problems at the root of Fiji’s republican status and its legacy for our country

Volume 1 | No 2

INSIDE

October 2012

Harnessing our national guilt

What the US’ Pacific pivot means for us

By Tui Rakuita

By Arthur McCutchan

Are we breeding a culture of bullying? By Edwina Kotoisuva

republikamagazine.com | Repúblika |

MAP AND LOCATION OF HOUSING AUTHORITY’S NEW SUB-DIVISION

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LOT NUMBER AND SIZE LOT No. AREA PURPOSE 2 1 739mSOLD RESIDENTIAL SOLD SOLD 2 696m2 RESIDENTIAL 3 670m2 RESIDENTIAL 4 645m2 RESIDENTIAL 5 645m2 RESIDENTIAL 6 1110m2 RESIDENTIAL 7 1018m2 RESIDENTIAL 8 913m2 RESIDENTIAL 9 755m2 RESIDENTIAL 10 719m2 RESIDENTIAL 2 11 665mSOLD RESIDENTIAL SOLD SOLD 12 665m2 RESIDENTIAL 13 1120m2 RESIDENTIAL 14 765m2 RESIDENTIAL 15 674m2 RESIDENTIAL 2 16 675mSOLD RESIDENTIAL SOLD SOLD 2 17 620mSOLD RESIDENTIAL SOLD SOLD 2 18 980mSOLD RESIDENTIAL SOLD SOLD 2 19 841mSOLD RESIDENTIAL SOLD SOLD 2 20 620mSOLD RESIDENTIAL SOLD SOLD 2 21 620mSOLD RESIDENTIAL SOLD SOLD 22 660m2 RESIDENTIAL 23 634m2 RESIDENTIAL 2 24 620mSOLD RESIDENTIAL SOLD SOLD 25 620m2 RESIDENTIAL 2 26 702mSOLD RESIDENTIAL SOLD SOLD 27 891m2 RESIDENTIAL 2 28 620m RESIDENTIAL

SO No. 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444 6444

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LOT NUMBER AND SIZE LOT No. AREA PURPOSE 1 675m2 RESIDENTIAL 2 980m2 RESIDENTIAL 2 3 674mSOLD RESIDENTIAL SOLD SOLD 4 1067m2 RESIDENTIAL 5 1126m2 RESIDENTIAL 2 6 964mSOLD RESIDENTIAL SOLD SOLD 2 7 886mSOLD RESIDENTIAL SOLD SOLD 2 8 631mSOLD RESIDENTIAL SOLD SOLD 9 608m2 RESIDENTIAL 2 10 844mSOLD RESIDENTIAL SOLD SOLD 11 1587m2 RESIDENTIAL 12 1199m2 RESIDENTIAL 2 13 722mSOLD RESIDENTIAL SOLD SOLD 14 718m2 RESIDENTIAL 15 1199m2 RESIDENTIAL 16 1122m2 RESIDENTIAL 17 658m2 RESIDENTIAL 18 690m2 RESIDENTIAL 19 1320m2 RESIDENTIAL 20 1462m2 RESIDENTIAL 21 684m2 RESIDENTIAL 2 22 684mSOLD RESIDENTIAL SOLD SOLD) 23 1510m2 RESIDENTIAL 2 24 1332mSOLD RESIDENTIAL SOLD SOLD , 684m2 25 RESIDENTIAL 2 26 684m RESIDENTIAL * 27 991m2 RESIDENTIAL

| Repúblika | republikamagazine.com

SO No. 6447 6447 6447 6447 6447 6447 6447 6447 6447 6447

LOT NUMBER AND SIZE LOT No. AREA PURPOSE 1 724m2 RESIDENTIAL 2 733m2 RESIDENTIAL 3 858m2 RESIDENTIAL 4 842m2 RESIDENTIAL 5 1047m2 RESIDENTIAL )& 6 869m2 RESIDENTIAL 7 850m2 RESIDENTIAL 8 1264m2 RESIDENTIAL 9 1275m2 RESIDENTIAL 10 922m2 RESIDENTIAL

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* October 2012

EXPRESSION OF INTEREST EOI NO: 25/12

FOR PURCHASE OF RESIDENTIAL CLASS B LOTS AT TACIRUA EAST STAGE 2 SUBDIVISION TAMAVUA

TACIRUA EAST STAGE 2 Housing Authority invites written offers for purchase of Residential Class B lots in Phase 1B at its Tacirua East Stage 2 Subdivision (off Khalsa Road), Tamavua. These premium, secluded and elevated lots have a panoramic ocean view and are accessible from Dokonaisuva Road, off Khalsa Road, Tamavua. Lot sizes range from 620sqm to 1,587sqm and are native leases with lease term of 99 years. First option to purchase will be given to customers who are first home/lot buyers. Interested customers are required to complete a Tender Registration Form stating the purchase price (VIP) offered and other relevant details to facilitate the purchase. The Tender Registration Form is available at the Authority’s Head Office, Site Sales Office or any branch offices of the Authority. Customers who have already registered their interest via HA Demand Survey Forms are also required to complete the Tender Registration Form and state the purchase prices for the lot(s) they wish to purchase at Phase 1B of the Tacirua East Stage 2 Subdivision. All enquiries should be directed to Mr. Mahendra Kumar, Manager Customer Relations & Sales on Telephone number 3392977 ext. 309 or Mobile 9993463 or via Email mkumar@housing.com.fj and Mrs. Ronita Prasad, Manager Marketing on Telephone 3392977 ext. 273 or Mobile 9993440 or E-mail rprasad@housing.com.fj during office hours. Expressions of interest are to be submitted by 3.00pm, Friday 19th October 2012. Each tender should be accompanied by a Bank cheque deposit of $500 made payable to Housing Authority or cash paid to Housing Authority cashier with original receipt attached. Tender deposit will only be refunded to unsuccessful tenderers only. Late submissions or submissions made through facsimile or e-mail will not be accepted. Highest or any submission will not necessarily be accepted. If an offer is accepted by Housing Authority then the successful tenderer will be deemed to have a contract with Housing Authority and will be expected to complete the sale and purchase within the timelines and conditions allowed by the Housing Authority or forfeit his/her deposit. Sealed envelopes (with Expression of Interest and completed Tender Registration Form) marked “EOI – Purchase of Lots at Tacirua East Stage 2” are to be addressed to The Chief Executive Officer, P O Box 1263, Suva or are to be placed in the appropriate Tender Box provided at the Corporate Governance Office, Level 5, Housing Authority Building, Saqa Street, Valelevu. October 2012

republikamagazine.com | Repúblika |

contents republikamagazine.com

/republikamag

@RepublikaMag

/republikamag Vol 1 | No 2 | October 2012

COVER 14 | Republic with an identity crisis

25 years after we departed from Queen Elizabeth’s realm, we are a country still searching for our own national symbols. In this issue, we examine the difficulties Fiji has had in coming to terms with its republican BANANA status, the creation REPUBLIC of the Fijian republic in 1987 and the legal oddities that are found in the decrees promulgated during that period. Aman RavindraSingh takes a closer look at these decrees and points out some of the loopholes intended or not - found in them. Kelvin Anthony talks to other young people about what being a republic means to them and looks at why young people feel disconnected from the political process. October 2012 | $3.95VIP

republikamagazine.com

25 YEARS LATER

The problems at the root of Fiji’s republican status and its legacy for our country

Volume 1 | No 2

INSIDE

October 2012

Harnessing our national guilt

What the US’ Paciﬁc pivot means for us

By Tui Rakuita

By Arthur McCutchan

Are we breeding a culture of bullying? By Edwina Kotoisuva

republikamagazine.com | Repúblika |

Hidden agenda Soldiers in balaclava stand guard at Government Buildings in 1987.

FEATURES

DISPATCHES

21 | Politics and youth Kelvin Anthony on why young people feel disconnected

24 | Acknowledging our guilt Tui

Gurdayal summarises some ideas

Ola Thorsen/US State DepT

FACEBOOK.COM//OnlyInFiji

26 | Making a constitution Mithleshni 28 | Violent society Edwina Kotoisuva asks if we are breeding a culture of bullying

34 | Self-censorship Alex Perrottet analyses the Fijian media

36 | Tribute to Dick Smith Dixon Seeto on Fiji’s tourism icon

30 | Region Arthur McCutchan on

the increased US presence in the Pacific

32 | Samoa Sano Malifa on the

Rakuita on rebuilding our country

problems in the country’s lands courts

REGULARS

OPINION

6 | Inbox Your letters, suggestions and

38 | Tuna talk Save Waqainabete out-

11 | The F-Word Roshika Deo on Fiji

7 | Briefing News from Fiji worth

41 | Salon Rajan Sami curates some

13 | The Rising Ape Alex Elbourne

cultural stimulus for the curious mind

resurrects his commentary on society

10 | Pasifika Post Regional current

46 | The Last Word Jone Vakalalabure

35 | Politika Aman Ravindra-Singh

feedback noting

affairs worth knowing 4

| Repúblika | republikamagazine.com

lines issues in tuna fishing licences

on Fiji’s new diplomatic ties

and feminism

on the intersection of law and politics October 2012

editor’snote republikamagazine.com/editor

@RicardoMorris

We the people ... O

ctober is a historic month for Fiji – it is when the Deed of Cession was signed, when we attained independence, when the country was declared a republic. In this edition we take a look at several issues, which though they appear distinct actually relate to each other and to our attempts at rebuilding our country. It is 25 years this month since Fiji became republic (and 42 years since independence), but people would be hard-pressed to tell you the date of the founding of the Fijian republic. It is just not that important an occasion to many of us. Among other questions, we wondered why, unlike other republics, there was apathy about ours. Aman Ravindra-Singh examines the legal implications of the flaws found in the decrees that created the republic and what this means for those who took oaths of allegiance under them. He highlights the fact that theFijian public was not asked its opinion on whether we should leave the British realm. Our departure was done at the stroke of pen. Young writer Kelvin Anthony chats with several youth about their vision for Fiji and what being a republic means to them. He brings a fascinating snapshot of the feelings of the demographic group which makes up a substantial portion of our population. As a nation, Fiji finds itself at an im-

portant juncture – yet again – in our national journey. The Constitution Commission is winding up its nationwide hearings and will soon be working on a draft of our new document. Mithleshni Gurdayal, the Constitution Commission’s communications director, brings us a collection of views from around Fiji, which illustrate the sheer variety of opinions from all corners of the political spectrum. While some submissions appear trivial and miss the point about what a constitution is, it is clear that many people just want to talk – and if the Constitution Commission is that avenue to pour their hearts out on things affecting their daily lives, then it probably bodes well for all of us. On that note, Tui Rakuita suggests that we need to reassess the way we conduct our national dialogues, because the methods employed in the past have not stopped people acting with impunity against the various constitutions we have had. Rakuita suggests a reorienting of minds “in such a way that it will not blot out some historical truths about ourselves” as we embark on yet another constitutional process. He believes we need to acknowledge our “collective guilt about what we have done to ourselves and to Fiji”. It is a guilt which must be genuinely felt if we are to truly heal our national wounds.

In a disturbing development in the past month, we witnessed several violent events which have showed that under the seemingly tranquil surface of our society lie some deep problems. We’ve had the escape, robbery spree, and subsequent recapture and brutal assault of prisoners. We’ve had school students brawling all over Suva, we’ve had a mass group of young people slugging it out in the Suva bus station. It has not been a pretty sight. Edwina Kotoisuva asks if we’re creating a society that tolerates bullying from the top of the national hierarchy right down to the school level. Finally this month, building anything from scratch is not easy. When we launched Repúblika we were under no illusions about the amount of work and sacrifices involved. Our first month has been filled with emotions ranging from excitement to exhaustion, inspiration to irritation. Yes, we have our detractors and we expected that. But we have been overwhelmed with the show of support from people of all persuasions. We are here to provide an alternate voice and viewpoints hoping to balance that provided by other mainstream media outlets. So we thank you for your patience and support as we build a truly independent publication that you will come to trust, enjoy and grow with as we create a new Fiji from the ashes of the old.

Vol 1 | No 2 Publisher & Editor Ricardo Morris ricardo@republikamagazine.com

CONTRIBUTORS

Australia Arthur McCutchan

We welcome your comments, contributions, corrections, letters or suggestions. Send them to ricardo@republikamagazine.com or leave a comment on our social media pages.

Fiji Alex Elbourne Samoa DEPUTY PUBLISHER Aman Ravindra-Singh Sano Malifa Aman Ravindra-Singh Kelvin Anthony aman@republikamagazine.com Laisiasa Naulumatua The opinions expressed in Repúblika are the authors’ Rajan Sami own and do not necessarily reflect those of the ADMIN MANAGER Roshika Deo publishers. The editor takes responsibility for all nonAsena Camaivuna Save Waqainabete asena@republikamagazine.com attributed editorial content. Tui Rakuita Published by Repúblika Publishing | 8 Mitchell Street, Peace Embassy Suite A107, Suva | PO Box 11927, Suva, Fiji | Phone: +679 3561467 | Mobile: +679 9041215 | Email: info@republikamagazine.com | Printed by Bluebird Printery, Suva, Fiji | ISSN: 2227-5738 October 2012

republikamagazine.com | Repúblika |

inbox Your letters, feedback and viewpoints

Even escaped prisoners have rights Many letters have been written to the editor, attacking Shamima Ali’s call for the protection of the human rights of prisoners, while the police have also responded defending their actions. It is understandable for decent lawabiding citizens to not care how prisoners are treated. We all know of innocent people who have been robbed, physically and mentally traumatised, by criminal elements, without any compensation, or contrition from criminals. Neither is there much compensation or thought for officers who are injured in the call of duty, while trying to apprehend escaped criminals. Even though it is hard to define what constitutes “reasonable force”, the police (and the army) also need to ensure that apprehending officers do not take the law into their own hands, by becoming prosecutors, judge and jury. We sympathise with the police force who come under huge pressure whenever prisoners escape, when we all know that it is society which ultimately creates the criminals and the crimes, which we then demand the police force deal with. But a just society has to ensure that escaped prisoners, however badly they may have treated society, are also given a fair trial by our judiciary, and suitably punished if they are found guilty, but according to law. Prisoners also have human rights and they also have loved ones, who are often filled with despair and shame at the crimes that their family members commit. The police commissioner and the commander of the military forces would be protecting the integrity and humanity of their own forces if they conveyed a strong message to their apprehending officers: please do not lose control of your emotions, do not take the law into your own hands, when apprehending escaped prisoners. Leave that to the courts. The condemning public might think more about the message and not shoot

TALK BACK TO US 6

the messenger, Shamima Ali, who has been a brave commissioner for human rights of all people in Fiji, prisoners or otherwise. However much pain escaped prisoners may cause us (and they surely do), for us to deny their human rights to justice according to the Fiji laws, is to become inhuman ourselves. Professor Wadan Narsey Suva Sharing wealth through wages justice Professor Wadan Narsey in his 2004 study of wages showed that between 1970 and 2004, $1 billion that should have gone to workers went instead to their employers. Indeed, he has maintained that in real terms real wages on average are below what they were in the 1970s. In support of Father Kevin Barr’s protest over the workings of the wages councils, I make the following observations: first, wages councils were established to improve the wages of non-unionised workers. Second, as in previous years since 2008, according to Barr, the wages councils have again proved to be ineffective, even though as chair he was deeply committed to fair wages. Third, the 10 to 15 per cent increase in wages recommended by the wages councils actually amounts to 25 cents an hour increase for workers earning $2.50 an hour, and 30 cents an hour for workers earning $3 an hour. Good employers have agreed to such wage increases. Turning, to Yogesh Kumar’s letter (Fiji Times, 24/08) and (Fiji Commerce and Employers Federation chief executive) Nesbit Hazelman’s statement (Fiji Times, 25/08) I would like to ask Kumar to provide evidence of workers covered by the wages councils getting rich while their employers have lost everything. A good proportion of these workers live in informal and low-cost housing areas who have suffered immensely during recent natural disasters. Hazelman has stated that “economics and poverty is like mixing oil and water at some places…” but for his informa-

inbox@republikamagazine.com

tion any first year student of economics will tell him that economics is about improving human welfare through economic growth. At the heart of welfare expansion is addressing poverty. Overall world poverty levels have declined mainly because those living below the poverty line in China and Vietnam have shared in the wealth that they have generated. The question is: when will this happen in Fiji? Professor Vijay Naidu Suva Feedback on our launch Great read, fresh take on local journalism for sure. Good work guys. Clarence Dass via Repúblika’s Facebook page Looks brilliant. Huge congrats. I look at this and know the work and commitment behind it. Robert Oliver via Repúblika’s Facebook page Congrats. I hope you can cover real issues and get stories from all walks of our nation. Base articles on nationbuilding as opposed to focusing on negative and biaised reporting. Abel Camillo via Repúblika’s Facebook page It takes lot of courage to do this ... and you have done it well. Congrats. Verlesh Singh via republikamagazine.com Congratulations. A brave and important step at this critical stage in Fiji’s history. I hope your early issues will help educate people on the issues being raised with the Constitution Commission. There is a lot of confusion and misinformation out there, and democracy requires informed, citizens and voters. Very best of luck. Crosbie Walsh via republikamagazine.com

4Join us on facebook.com/republikamag4Email to inbox@republikamagazine.com 4Follow us on twitter.com/republikamag4Write to PO Box 11927, Suva, Fiji

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October 2012

briefing

republikamagazine.com/briefing

News worth noting

LAISIASA NAULUMATUA

LIFE THROUGH LAI’S EYES

Censorship from an unlikely quarter W

October 2012

SPECIAL REP ORT

In search of a father

Church – an institu dition and cerem tion steeped in tra- some fault found in ony – are not known the candidate. rotate with great to Mataca canno speed. Loy Chong has t Canon law – written extens nated but investi say who he has nomi- is consid the legislation ively and gations ered to be the guides the church which list has perfect choice most likely been show that the a multiracial – dictates that for candidates be church. narrowed down identified to replacethree to Father Rafaele Second Qalovi, Father tiring archbishop. a re- Loy Chong Peter vi, a teacheon the list is Fr Rafaele Qaloand, possibly, r by profession, When Matac Monsi Eremo gnor for his do Muavesi. a retired in well liked humility and 2009 he submitted a list strong traditi These three men, of values onal and to lead the church suggested candidates tested respected for all the time against the requislocals, will be spent workin Archbishop Balvo . This list went to the law g with the Marist he has ites of canon before in Wellington. in the Vatican. one can Society With this list position of Archb be elevated to the From Tokou on ishop of Suva. after consultation and Ovalau, Qalovi with advantage is ’s dispriests and lay that he has been memplagued bers of the by illness in recent Catholic Church in Fiji, undergoing surgeryears, Balvo y in reviewed the India to replace backa kidney ground of each and treat corona candiry disdate before sendin ease. final list of three g a It is difficult canto disdidates, known count the possib as a ility that turnus, to the Monsignor Vatican. Eremodo As part of the Muavesi, VicarbackGeneral ground review in the Dioces , priests e of and lay memb tego Bay, Jamaic Moners of a, may the church were be appointed. asked their views He is, after on all, the spiritual life and the highest rankin leadg Fijian ership qualiti priest in the es of the Roman candidates. church. This final list Ultimately the dethen submitted was cision will to the be made Congregation in Rome and of Bishthen the ops which selects Catholics of Fiji one will be of the three forced to live names with the to recommend edict. to Pope. If the names the What appear s unrejected by the are Going fishing likely is that Pope BeneVatiOutgoing Archbis can, the proces hop of Suva Petero dict XVI will s must Mataca appoin awaits his success t start afresh. someone from or. outside In the case of Fiji to lead the Fiji, two rounds flock. sultations have of conEarlier this year By been held by Fathe papal outsta law an archbishop must be nuncio. ther Paul pious, appoin nding in solid ted from Fiji to Donaghue was faith, possess But canon law morals, piety, head the Dioces good of the also dictate a zeal for souls, Cook Islands. e while the Pope and other is guided by the s that qualities, including Mataca says in gation of Bishop a good reputa Congre- He not so many is to be tion. that Fiji s, he may exercis words – after 36 own judgement e his have been at least 35 years old and must – ership of a local years under the leada priest for at Spirit – and select guided by the Holy The bishop – would archbishop must least five years. served by be best one of its own. outside the turnus an Archbishop from ate, possess a doctor or a pontifical . He is not alone licentiate degree The Roman sacred scriptu in this view , in priests and Catholic Church re, theology, or with ducts its selecti members con- Failing canon law. tion on activities opposed to leader of the congregain a high least this, he must be an expert level of confid ship in at Fiji. This entiality to ensure one of these fields. from outside is likely due to the process does that the fact that it not cause rifts took the Roman the membership within Amon Catholic Church and is not open g the worthy 113 years to appoin in ty politicking t a local bishop Fiji Of the candid and cannot be to pet. Now that the ates, Fr Peter hijacked Chong or manipulated church is in the Loy by people with , hands motives. ulterior School who is studying at the Jesuit of a local, there is definit e reluctance to of Theology return to the ways at the Univer The high level of the past. of Santa Clara, sity of confidentiali In 1844 Bishop appears to protects the integri ty also runner Bataillon as far as academ be the front- from Wallis cause people might ty of all priests be- are ic qualification and Futuna with traveled concerned. s Roulleaux Fathers were not selecte think that those who and Bréhéret, From Korovou, Brother Annet d but had been and two , he is the produc catechists from consideration under a family were excluded t of and Apolon Wallis, Pako through mothe of Chinese descent, with ia. his r being from September 2012 Nataleira, Tailevu . NETANI RIKA/INVIC TUS PICTURES

Fiji’s Catholics have waited four year successor to Arch s for a bishop of Suva Petero Mataca, the head of the Fiji Mataca about his church. NETANI RIKA asks thoughts on the process and examines the prom ising candidates

RICARDO MORRIS

hen I asked veteran journalist Netani Rika to examine the issue of the long-pending appointment of a new Archbishop of Suva for our inaugural edition, I never imagined it would cause such a stir within the Catholic establishment. Rika, himself a Catholic, interviewed the outgoing Archbishop Petero Mataca who shared his thoughts on the process, but – as is customary – was not specific about his views on a successor. While Mataca himself did not express any objection to the story, those closest to him in the church hierarchy seemed appalled that we would publish an account of what they say is a “confidential” process. In a sidebar to the main story, Rika highlighted three of the likely frontrunners, but noted that it did not rule out other priests. However, Rika’s articles were deemed controversial enough that all the copies put up for sale at the Catholic bookshop beside Sacred Heart Cathedral in Suva were promptly removed and locked away in a senior priest’s office before any sold. We then attempted over the course of several weeks to retrieve the copies but as this issue went to press we were still trying to get our property back. n RICARDO MORRIS

By NETANI RIKA

“Hopefully the announcement come before the will Zealan netrika66@gmail.com d and is unders end tood to have had ca said in an intervi of this year,” Mata- discus sions with leader ew with REPÚB ll Petero Matac s of the Cathol last month. LIKA religio a wants to do ic us communities is kick off his shoes, on candidates “I’m due to ordain head the church board a boat to four new priests in Fiji. for the Yasawa at the end of s and This would be this fit in some year. Next year fishing. one of the final the next lot of when toward steps priests is ordain s finding a At 79, the prelate ed replacement the ordination I hope Matac of the Roman for will be carried a. olic Archdiocese Cath- succes out by my in Suva has waited sor.” Matac a was elevate years for the four d archbishop namin On a recent 1976, the first in trip to to head the 76,500 g of a replacement Matac local to lead the church a raised the issue the Vatican, established -strong church in Fiji by a group – Fiji’s bishop second largest of a new archChristian denom of French with the church Marist priests ination. left in 1863. hierarchy and And there is satisfied that no telling when He resigned 33 the process is Benedict XVI, years later as dictate nearing by head of the largest Pope its end. the church at d Christian church in the age of 75. Last month the world, will From that mome Archbishop announce Balvo a successor to nt Fiji’s Cathol Charles have Archbishop Matac – the apostolic ics continued to nuncio (Vatica a. pray for a new ambassador) 22 n bishop. arch| Repúblika | to Fiji – visited republikamagazine from New .com The wheels of the Roman Cathol ic

September 2012

Continued on

republikamagazine

.com | Repúblik

page 25 23

republikamagazine.com | Repúblika |

briefing

FOLLOWING the escape and weeklong rampage of five prisoners from Naboro in September, prison authorities made a sweep of corrections facilities around the country seizing banned items, including scores of mobile phones and sim cards, some wrapped in plastic and hidden in inmates’ anuses. Inmates are now being subjected to strip searches and must squat over a mirror for inspection. After the escape, and what appeared to be allegedly well-planned robberies, authorities realised they must have had help from the outside. And the escapees’ helpers were probably already in place before the prisoners even left Naboro. As a result of the breakout and contraband seizure, privileges for prisoners were reduced nationwide including visitation times. Visitation days for remand inmates have been reduced to two days a week, while convicted inSome of the contraband seized from inmates in Suva in September were found in their anuses. mates get visitation once a fortnight.

Mysterious calls over Sereima story

VIP

| $3.95 September 2012 zine.com

republikamaga

ide? Murder or suic

EXCLUSIVE

her own life so a have ended Could Sereim t murder victim? she the perfec violently, or was family wait for answers from her Five years on, ctant authorities. relu EXCLUSIVE

Volume 1 | No

INSIDE

September 2012

Catholics’ long wait for an Archbishop By Netani Rika

A tribute to Sir Moti Tikaram

meem

By Nazhat Sha

Fiji’s daughter becomes an MP in the Solomons kins | Repúblika | By Koroi Haw

ine.com republikamagaz

FIJI PRISONS AND CORRECTIONS SERVICE

Prisons swamped with contraband

Our cover story last month raised many eyebrows, not least because almost nobody outside Sereima Berwick Degei’s village of Nabouciwa village in Tailevu had heard of it. The story of how she met her demise touched hearts but more than anything, her family are desperate to know once and for all if she indeed took her own life five years ago in September, or if somebody else did. Police have been slow to respond but as we were going to press with this issue, police spokeswoman Ana Naisoro wrote: “The Divisional Police Commander Eastern (Senior Superintendent of Police Isei Vueti) has confirmed that the case file had been sent for inquest at the Nausori Magistrates Court. So at this stage we are awaiting

the decision by the Courts.” Several family members and those interviewed for the story have reported receiving calls from a man using a landline number (later traced to a police post in central Suva but unable to be called back). The man pretended to be calling from various media outlets, including from Repúblika, the Fiji Times and Fiji Media Watch. Repúblika also received a call from the same number; the man identified himself as a “freelancer” and proceeded on a 10-minute conversation about, among other things, who my sources were for the story, where our office is located and whether we were “afraid of the consequences” such a story could have on village life in Nabouciwa. n RICARDO MORRIS

ON THE RECORD “Nothing is free in this world.” ~ Health Minister Dr Neil Sharma reacting to complaints by a group of New Zealand surgeons carrying out free heart surgeries that hospitals charged patients $575 for the use of theatres. (Fiji Times, 17 September) “We are privileged to visit North Korea to experience their culture and learn first-hand about progress that has been achieved by the country which Fiji could learn from.” ~ Foreign Affairs Minister Ratu Inoke Kubuabola on meeting his counterpart during his visit to Pyongyang. (Ministry of Information, 4 October)

| Repúblika | republikamagazine.com

“There was no point in the whole thing, it was just harassment, pure harassment, nothing more.” ~ Unionist Daniel Urai complaining about being prevented by police from boarding a flight at Nadi bound for China to attend a labour conference. (RNZI, 25 September) “We can’t afford to have this excuse and tell the public that we couldn’t come to their rescue because we had no fuel.” ~ Police Commissioner Brigadier-General Ioane Naivalurua warning officers in the north not to use lack of fuel and transport as an excuse to not attend to public complaints. (Fiji Times, 27 September) October 2012

briefing COURT WATCH

Laisenia Qarase

TUPOU DRAUNIDALO

Jailed former Prime Minister Laisenia Qarase will have his case heard by the Court of Appeal on 31 October. A production order was issued to prison authorities after Qarase was not brought to court for his case in September. Qarase, 71, was jailed for 12 months in August on six counts of abuse of office and three of discharge of duty in property in which he had an interest.

Ben Padarath Benjamin Padarath and lawyer Aseri Vakaloloma who face forgery charges will appear in court this month. Prosecutors allege Padarath and Vakaloloma between 14 October 2009 and 31 December 2009, forged a statutory business document to include the name of Prime Minister Commodore Voreqe Bainimarama as a subscriber. Padarath is also facing a separate charge in Lautoka of attempting to stowaway. He is remanded in custody and is expected to appear in the Lautoka court in January.

Mere Samisoni Businesswoman Mere Samisoni, who was allowed bail to travel overseas for dental treatment, has appeared in court again on charges of urging political violence. Samisoni, pictured, is charged along with Apete Vereti, Semisi Lasike and Mataiasi Ragigia. Their case has been adjourned to 6 February for mention.

Rajendra Chaudhry Suva lawyer Rajendra Chaudhry has

Mere Samisoni, seen here in August, remains in high spirits despite facing political charges.

been suspended from practicing in Fiji for five years. The Independent Legal Services Commission banned Chaudhry until 1 March 2017. He was found guilty of misconduct following a hearing in August. Chaudhry was found guilty one of count of professional misconduct and one count of unsatisfactory professional conduct. Chaudhry was given 21 days to wrap up his practice. His partner Kini Maraiwai was found guilty of two counts of unsatisfactory professional conduct and one count of professional misconduct. He has been suspended until 1 March 2016. The pair were also publicly reprimanded and ordered to pay $1,000 each to the commission as costs.

Risto Harmat Estonian national Risto Harmat, who was charged with obstructing to defeat the cause of justice for allegedly helping former senior army officer Ratu Tevita Uluilakeba Mara escape from

Fiji, was acquitted by the Suva magistrates court on 24 September. He had maintained his innocence over charges he had helped Mara escape on a Tongan naval vessel in May 2011.

Mahendra Chaudhry Mahendra Chaudhry has indicated he will apply for a permanent stay on charges relating to tax violations. Chaudhry’s lawyer – and son – Rajendra (who was later disbarred for five years: see above), told the court on 25 September his petition was based on an affidavit by former President of the Court of Appeal Justice William Marshall. Justice Marshall sent a bundle of documents in the form of a petition to the Prime Minister and the Military Council in which he alleged interference by the Attorney-General Aiyaz Sayed-Khaiyum in workings of the judiciary. n To read the Justice William Marshall petition go to http://tiny.cc/justicemarshall

‘

First they came for the communists, and I didn’t speak out because I wasn’t a communist. Then they came for the socialists, and I didn’t speak out because I wasn’t a socialist. Then they came for the trade unionists, and I didn’t speak out because I wasn’t a trade unionist. Then they came for me, and there was no one left to speak for me. Pastor Martin Niemöller (1892–1984), victim of the Nazis

’

Fiji Women’s Crisis Centre | 88 Gordon St, Suva | Phone: 3313 300 / 9209 470 (24hrs) | www.fijiwomen.com October 2012

republikamagazine.com | Repúblika |

pasifikapost Regional current affairs worth noting

republikamagazine.com/pasifikapost

Fashion fault kills royal moment for Solomons

Fisheries at centre of EU spat A key fisheries body in the Pacific criticised the European Union in September for a recently signed fisheries agreement that does not require EU fishing vessels to abide by already established fisheries management requirements in the region. The EU said since it is not a part of the Parties to the Nauru Agreement (PNA), it is not obligated to follow PNA rules. The dispute between the PNA and the EU shows dramatically opposed views about fisheries management in the Pacific, and raises the question of the ability of the PNA to enforce rules as a group when individual members sign bilateral agreements with foreign fishing nations that do not require the foreign fishing nation to abide by PNA rules. While PNA officials were blunt in their criticism of the EU for not recognising the need to comply with PNA’s vessel day scheme, ban on use of fish aggregation devices, closures of high seas pockets and other conservation measures, the EU was equally blunt in stating that it is not legally bound by PNA requirements. “PNA rules are not applicable to the EU, unless they form a part of legal obligations (in a bilateral agreement),” said Annick Villarosa, the head of sector for regional integration, Natural Resources and Environment, at the European Union’s regional office in Suva, Fiji. n MARIANAS BUSINESS JOURNAL 10

| Repúblika | republikamagazine.com

Pacific media pioneer dies Father John Lamani, pictured, of Solomon Islands, one of the region’s successful indigenous media owners and life member of the Pacific Islands News Association (PINA), died in Honiara on 10 September. Father Lamani, as he was affectionately known, died at his Skyline Ridge home after suffering heart failure. He was a pioneering Pacific Islands newspaper publisher – owning Solomon Islands daily newspaper, the Solomon Star, PAOA FM radio and a printing business. He was not only a celebrated regional media figure but also contributed immensely to the Anglican Church in Solomon Islands, where he was ordained a priest. In 2009, he was knighted and bestowed the Order of St Michael and St George (CMG) for his service to the media, church and community in Solomon Islands. Recognising the late Father Lamani’s success as an indigenous newspaper publisher in the Pacific, PINA at its biennial Media Summit invited Father Lamani to be its keynote speaker in Fiji in March this year. n PINA October 2012

DAVID ROBIE/PMC

The Duke and Duchess of Cambridge did not realise until later they were wearing Tavs designed garments instead of Solomon Islands wear.

Call it ambush marketing or a genuine mistake, but a Cook Island fashion brand has made world headlines after the Duke and Duchess of Cambridge accidentally wore them during an official dinner in the Solomon Islands in September. Before the couple’s arrival, Clarence House and the islands committee agreed Prince William would be given a traditional shirt made by Solomon Island tailors for the evening, while Catherine would wear her own dress that she brought with her. But according to a statement from Solomon Islands Governor-General, a member of the welcoming committee went into the royals’ room to add a few more gifts - including a blue shirt and the pink dress from the Cook Islands. The royal couple thought they were to don those pieces for dinner. The tiered pink dress spotted on Catherine was designed by Tav Pacific, more commonly known as “Tavs”. The label is well known throughout the Pacific - there are stores in Rarotonga, Honolulu and Auckland. At the Auckland store, manager Vira Tavioni took inquiries from all over the world after Kate’s appearance in the nz$295 (fj$427) dress. The label is primarily based in Rarotonga, where Tavioni’s sister Ellena is the head designer and where all the label’s pieces are made and hand-printed. A Solomon Islands official had in August called into the Rarotongan store to purchase specially made dresses for children who would greet the Duke and Duchess on their arrival in the Solomon Islands. When the official mentioned she also wanted to buy traditional dress for the royal couple, Ellena Tavioni declined payment and insisted they were to be a gift. n nzherald.co.nz

OPINION

Why pageants demean women The F-Word with ROSHIKA DEO republikamagazine.com/opinion/fword

“Patriarchy has found a powerful partner in neoliberalism capitalism.” ~ Kamla Bhasin

n the past several years Fiji has become inundated with and grown a strong niche for beauty pageants of all kinds – Hibiscus, Bula, Sugar, India Fiji, World Fiji, Adi Senikau and so on. The influx and rise of beauty pageants in Fiji has resulted in two important things for feminism. Firstly, insidiously and craftily under the guise of carnivals and festivals, women’s “beauty” is being used, judged, and beauty standards and ideals are being cultured. Secondly, a false sense of equality and liberation is being portrayed with the use of words like “choice” and “empowerment”. It becomes vital that we question ourselves on what beauty pageants mean for feminism and gender equality. I came across posters for the Miss India Fiji pageant and was dumbstruck for a minute. The contestants all had a similar fair skin tone and lip colour, including similar facial features. When I saw these contestants in person and in other photos I realised that Photoshop or airbrushing is definitely magical! A standard ideal of women’s beauty was being cultured and promoted through this pageant. And these standards were very much in alignment with the “expectations” of the Indian beauty market in which these contestants were going to participate in. Then we have the annual Hibiscus and other festivals in which there is a queen category (among many other categories). A growing phenomenon (and this is also the case globally) has been the inclusion of children’s categories. The saddest part of it is that they are replicas of adult categories with all the trappings of a beauty pageant – make up, “grace”, gowns and tiaras. Many people, however, say these carnivals and festivals are not beauty pageants but cultural shows. Is it really so? In our national festivals there are many categories, however the category that garners the most sponsors, publicOctober 2012

ity and marketing is the one in which young, single women (which equates to beauty in the patriarchal world) are part of. And this category is also the main event or crowning glory. All of these women are “taught” and/or “expected” to walk and behave in a certain manner (standardisation and stereotyping of women). There are social messages attached to the pageants ranging from world peace to drug abuse. Gowns are worn for the finals (dresses and skirts befit “ladies”). There is a judging process, and women compete against each other and are “judged” officially and unofficially for being more “beautiful”, “graceful” and having more “poise”, among other “qualities”. These are the premises of all beauty pageants around the world, including Fiji. These pageants make other girls and women feel inferior and are mainstreaming a certain standard and ideal of “beauty”. Beauty pageants (or call it carnivals or festivals) are also very much about neoliberalisation and capitalism. It is a widely acknowledged fact that beauty pageants in Fiji are highly commercialised and engulfed in a thick coat of corporate sponsorship. This hinders our ability to see the beauty pageants for what they really are: gender discriminatory events which stereotype girls and women. Some people have said that it is a woman’s choice to participate; some say it is empowering for women; and some say it helps women advocate social issues at a national level. It is sad and concerning that it is pageants that are able to provide girls and women with “easy” access, popularity, value, “empowerment” and a platform. What about local and national government, political parties, parliament, religious institutions, statutory and corporate bodies to advocate issues and participate in? Are they as easily accessible and “friendly” to girls and women? Do these platforms value girls’ and women’s contribution and worth fairly? No. No. No. So then ask ourselves: how is it a choice for women to participate in beauty pageants if only a certain few plat-

forms are “friendly” and “accessible” for girls and women? It is also these same “choices” and “empowerment” that girls and women exercise to opt for cosmetic surgery, go on crash diets, join the sex industry and so forth. Also, choice, agency and empowerment when used by contestants and organisers co-opt the language to appease gender equality, and serve the interests of neoliberalisation. In situations of political conflicts, such as in the current military-led regime in Fiji, there is a rise in beauty pageants, and more and more girls and women are propelled towards pageants and forums “friendly” to women. On the other hand, public and political forums become more patriarchal and harder for girls and women to encroach into and participate substantially in. The choices are as a result of gender inequality. Imagine a Fiji where girls and women actively and substantially participate in local and national affairs rather than beauty pageants. Would the positive female role models help break gender stereotypes? Would more women be visible as national leaders participating in the daily running of our nation? Would the beauty industry that thrives on exploitation of women collapse? Would there be less poverty, more employment and a better standard of living for all because policies, decision-making and laws reflect both men and women’s experiences and realities? Would there be no coups? Would we live in a society free of violence? These are choices we can make. Girls and women need to reclaim the word “choice” to make it what it really should be: free choice. Choice for girls and women is about our genuine freedom, empowerment and liberation. Girls and women need to change the systems and structures in which we make these choices. We need to stop accepting the “choices” that are given to us by the very same platform that objectiR fies, stereotypes and oppresses us. n Roshika Deo is a feminist and human rights defender. republikamagazine.com | Repúblika |

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OPINION

Finding ourselves a name The Rising Ape with ALEX ELBOURNE republikamagazine.com/opinion/risingape

sa happy birthday Fiji! Forty-two years as an independent country and, as someone pointed out the other day, 25 years as a republic. I’ve been thinking about how far we’ve come since then and all the changes that have happened. Obviously we still have problems. Man do we have problems! But you would have to think that working together as one country should solve those problems. And that’s the rub isn’t it: working together as a country. It’s hard to do that when you don’t have anything resembling a national identity, except an owl but let’s not go there! It’s an interesting one, the question of national identity. When Lulugate (like that?) happened what bemused me about the whole thing was people assuming that national identity is something the rest of the world knows Fiji by. No. That’s getting the wrong end of the stick. Fiji’s national identity is something we identify with. Bugger the rest of the world. So, how do we go about building a national identity? Well, it would be nice if we could finally settle on what we’re calling ourselves these days. You’ve got the government saying that our nationality should be Fijian, which makes absolute sense but then suddenly, there’s people whining about that. You know a lot of us laughed at the owl costume, not realising that we, and our inability to settle the basic question of identity, are the much bigger, sadder joke! Speaking of birthdays… My son was born on 21 September at 7.42am, coming into this world at 4.35kg and 54cm long. It’s funny, but I had thought that already having one child meant that I was better prepared for the second. So we go to the hospital early that morning and they tell us that my partner will have to have a caesarean section because not only is the baby in the breech position (as he has been from the start) but he is also a little too October 2012

big for ND (normal delivery for those of you not in the know). And through all this I’m calm. They get my partner ready for the “C-section” and I’m calm. They wheel her into the operating theatre, this guy is ice water. Then the surgeon walks calmly out of the theatre and goes “Your baby boy has been born; him and his mum are doing well”. Nek minit, big dope here is crying. What a sight that must have been! Holding my son for the first time, I just have that feeling of happiness and of course that sh*t scared feeling that you might somehow mess this child’s life up completely, or more pertinent to that exact moment when you’re holding him, that you might somehow manage to drop the kid. And get killed by baby’s mother (not to mention my own mother who’s standing there … supervising). So we now have two beautiful children and like I told my partner I love this adventure her and I are on: the ups and downs of raising a family. The socalled ordinary things that people love to sneer at in the search for more things to feel? I love it. An ordinary life, that’s what I want. Anyway back to my son, welcome to the world Rigsby Nesta Elbourne. I can’t wait to be the father to you my father never was to me. Onwards and upwards You know who needs to take a chill pill? That segment of the Muslim world that feels the need to burn things and kill people whenever the Prophet Muhammad or Allah is insulted. Obviously, the majority of Muslims are peaceful people who just want an “ordinary” life. But the preciousness seriously needs to stop, especially from Muslims who protested in Sydney. Seriously guys, you can’t run away from your own country to live in a Western, developed country and get all jihadist when someone freely expresses themselves. Free expression is kind of one of the cornerstones of Western, liberal countries. Not to mention violently protesting a stupid, ignorant troll video that makes the claim that all Muslims are violent is kind of self-defeating. And ironic. And before any of you start thinking I’m some sort of “Islamaphobe”, I also

freely acknowledge that the media (especially the Western media) loves to focus on the negative because, hey, that’s what sells. Sadly, while everyone was screaming about the “Muslim rage” all this was missed. Visit this link for an overview of the so-called “rage” and why it has been portrayed out of proportion: tinyurl. com/muslimoutrage Still on Western countries… Remember how the West was creaming itself at the thought of those new democracies springing up in the wake of the Arab Spring? Well, I wonder if they are kicking themselves now? Think about it. They removed Saddam Hussein, only to realise later that the guy was anti-al-Qaida. They helped facilitate the removal of Hosni Mubarak in Egypt and now the Muslim Brotherhood is running that country. Incidentally, it is the same Muslim Brotherhood that was banned under Mubarak. They made it easier for the rebels in Libya to murder Kaddafi and what do the Libyans do? Turn around and kill the US ambassador amongst others last month. Then you’ve got Syria where the West is helping the Free Syrian Army which, by the way, has al-Qaida elements fighting for them against Assad. Maybe the West needs to stop interfering in that part of the world. Oh wait, they have to control the oil. Bunch of hypocrites. Read up when you can on Operation Ajax to see just how greedy and bloodthirsty the West can be in pursuit of its goals. Which by the way is fine, just don’t come to our side of the world and talk about democracy or human rights when your hands are so bloody. Am I done? Yeah I’m done. Happy Fiji Day once again! Oh – very quickly – does anyone notice how some of the Fiji-related pages on Facebook have seem to really taken off nowadays. Haule! Have a great October … and start getting ready for R Christmas … jeepers! Peace! n Alex Elbourne is the Breakfast Show host on Legend FM. The views expressed are his own. republikamagazine.com | Repúblika |

COVER

Take over Balaclava-clad soliders stand guard outside Government Buildings in Suva after Sitiveni Rabuka seized power in 1987. The Fiji Times’ front page of 15 May 1987 reporting Rabuka’s coup.

Republic with an identity crisis

Despite severing ties with the British crown 25 years ago, Fiji has found it difficult to fully shake off its colonial links.

By RICARDO MORRIS Editor

| Repúblika | republikamagazine.com

hen the Lieutenant-Colonel Sitiveni Ligamamada Rabuka strode into Fiji’s parliamentary chamber in May 1987 to remove the government of Prime Minister Timoci Bavadra, he October 2012

COVER

probably did not foresee the troubles that would be visited upon this country in the name of ethnic supremacy. On the day after the 14 May coup, the Fiji Times and Fiji Sun (no relation to the current newspaper) published critical editorials of the coup leader’s actions. The Sun was particularly scathing saying Rabuka and his soldiers had brought the rfmf to the “level of a banana republic guerrilla force.” In writing that comment, the editors of the Sun perhaps did not realise that the reality of a republic was just less than five months away. On Friday, 25 September 1987 Rabuka carried out his second coup, feeling that the “objectives” of his takeover – to secure indigenous Fijian political paramountcy – were not being met. This time the stakes were higher because having committed treason once, he was now well and truly involved in trying to establish a revolutionary government. Four days later Rabuka announced he would make Fiji a republic. In London, the Queen issued a condemnatory statement against Rabuka’s actions in Fiji labeling those involved as disloyal, something which hurt him, according to the 1988 book by Eddie Dean and Stan Ritova, Rabuka: No Other Way. But by this point, as the book points out, the gap between the Fijians and the crown was rapidly widening and the final break with Britain was in the offing. On 1 October, Rabuka threw out the 1970 Constitution and declared himself head of state. Even before this point, though, Rabuka had reservations about what he had done and was about to do. One of the legal minds advising Rabuka at the time was Australian lawyer Stephen J. Stanton. Contacted by Repúblika, Stanton cites client privilege in refusing to discuss his involvement in the creation of the republic. However, in No Other Way he explained the tensions and uncertainty that filled the period as Rabuka seemed determined to find an alternative constitutional solution – and the Governor-General Ratu Sir Penaia Ganilau wanted to avoid a republic at all costs. However, Rabuka’s legal team, which included the late Kelemedi Bulewa who would later become his attorney-general, told him “there was no other way to go: Fiji must become a republic if Rabuka wanted to protect what he’d gained so far, and lock the nation on a course which would guarantee the achieveOctober 2012

ment of his coup ‘objectives’.” But the road to the final declaration was slow and tortuous, involving many “second thoughts”. On 5 October, Rabuka announced on Radio Fiji the setting up of new institutions of state, including a new Supreme Court (now High Court), as a precursor to the final republic declaration. On the evening of the 6 October, Rabuka finally signed the decrees for the declaration and recorded an announcement that would be broadcast just after midnight the next day. On 7 October 1987, twelve days after his second coup, seeing no apparent way out of the quagmire created – and while most of Fiji slept – Rabuka declared he had finally cut Fiji loose from the British crown. It was a profound decision, one that was born in a period of turmoil but unlike other historic founding of republics, it was one that did not involve the populace at large – just a few men trying to figure a way out of a legal minefield. Since that day, the creation of the Fijian republic has been a largely unexplored topic. You could say we have been a republic with an identity crisis, because despite what had been done, in practice Fiji’s people and government still clung to the vestiges of its former colonial rulers, whether they realised it or not. Even today, 25 years later, the Queen’s head still graces our bank notes, although she will soon be replaced, and a public holiday in her honour will no longer be marked. Our coat of arms still exhorts us to honour the monarch; the colonial coat of arms still adorns some of our public buildings, including a courtroom in Suva; the Queen’s portrait still hangs on many walls, including that of Prime Minister Commodore Voreqe Bainimarama’s office. There are no re-enactments of the declaration of the republic; instead almost every year the signing of the Deed of Cession in 1874 is re-enacted in Levuka. Columnist Graham Davis, in a June article, explored the issue of Queen Elizabeth returning as head of state. Three years before, he noted, Bainimarama had indicated he would like to see the Queen return, but now his view is that the President should remain head of state. But Davis also points out the now disbanded Great Council of Chiefs had always considered Elizabeth II Tui Viti – Queen of Fiji. When Ratu Sir Penaia

submitted his resignation on 16 October 1987 (a day after the royal statement date because of the international dateline), the Queen expressed regret that the people of Fiji did not have a say in their departure from her realm. In 1997, ten years after his coup, Rabuka visited the Queen with a tabua to apologise for his actions. He asked her thoughts on the issue and she repeated her 1987 statement: the people should decide. And Davis tends to agree: “Yes, 25 years have elapsed and the monarchy may no longer be as relevant to many younger people who don’t remember the strength of the bond for their elders. But Fijians should at least be consulted if a decision is made to finally and irrevocably sever a link that’s still important to many citizens and is an important part of the country’s history.” However, for some the horse has long bolted. Historian Dr Brij V Lal explains that while the monarchy played an important symbolic role in Fijian society for much of the 20th century, it is now less so, and there would be little point in trying to retrace our steps. In a bygone era, says Lal, “there was genuine admiration for the rituals and, protocols which surrounded the monarchy. It was something familiar to the chiefs who themselves came from a stratified society. There was also an important practical dimension, too. The Queen sat at the apex of Fijian social hierarchy, her authority and mana unquestioned. Her presence imparted a sense of unity to what, before Cession in 1874, had been a highly fractious society. “But all this had less meaning for the post-independence generation. Their connection with the United Kingdom was remote and vicarious. So when Sitiveni Rabuka declared Fiji a republic in October 1987, there was regret at the unceremonious manner in which the link had been severed, but no great desire to return to the imperial fold. Fiji was not alone in this respect. Many other former colonies were leaving the fold as well. “I do not think Fiji will ever revive its formal ties with the British monarchy. There is no point. Even the most diehard royalists know that when the Queen goes (from our currency this) will mark the end of a link that has long passed its use-by date. Fiji will do well to look to its own very rich cultural heritage for its R national symbols,” says Lal. republikamagazine.com | Repúblika |

COVER

The banana in the republic By AMAN RAVINDRA-SINGH aman@republikamagazine.com

he date 14 May 1987 is seen as the darkest day in Fiji’s history by thousands of Fijians. While there has been extensive coverage about the day of Fiji’s first coup, not much is said about the second coup executed later in the year on 25 September and even less about the events after that which led to the declaration of a republic on 7 October 1987. The significance of 7 October, just three days before independence day, is lost on many people and it is seldom mentioned in discussions and debates. On this day Fiji was declared a republic signifying the severance of all ties with the British monarchy and the removal of Queen Elizabeth II as head of state of Fiji. While people are prone to talk about the “Republic of Fiji”, there has hardly been any discussion about the status and legitimacy of the republic. Just because things happened during a period when the entire nation was held hostage by terrorists does not signify acceptance of all that happened during those dark days. In this article, I outline the basic drafting mistakes that the legal minds advising on the creation of the republic made and some of its unintended consequences that affect all of us to this day.

Democratic government in Fiji was first attacked that May day in 1987, followed by a second coup and further attack on 25 September 1987, followed by a final blow with the revocation of the constitution and declaration of a republic in October. The Fiji Constitution Revocation Decree 1987 Interim Military Government Decree No.1 dated Thursday 1 October 1987 reads: In exercise of the powers vested in me as Commander and Head of the Military Government of Fiji, I hereby make the following decree: Notwithstanding the provisions of any laws existing before 25 September 1987 and to the provisions of any Decrees which may be promulgated from time to time, the Fiji Constitution 1970 is with effect from 25 day of September 1987, wholly removed. In exercise of the powers vested in me as Commander of Fiji I also hereby decree that all Decrees promulgated under my hand and seal shall be regarded as law and shall be observed and enforced. COL. SITIVENI LIGAMAMADA RABUKA, o.b.e. (Mil) Commander and Head of the Interim Military Government of Fiji

The first point to note is the part which reads: “In exercise of the powers vested in me” since the fact remains no one vested any power in this person. Power was grabbed at the barrel of a

1987 | The march toward a republic January

February

A long, unremarkable political campaign begins 16

| Repúblika | republikamagazine.com

gun, forcefully and as an act of terrorism when the armed forces turned against the democratically elected government of the day. The second point to note is: “the Fiji Constitution 1970 is with effect from the 25 September 1987, wholly removed”. How can this be since the lawful procedures provided for under this constitution were never followed? The constitution could be amended legally but to remove the constitution wholly was no simple endeavour. The third point to note is from the last paragraph which reads: “In exercise of the powers vested in me as Commander of Fiji”. How was this possible? There was no such position under the 1970 constitution which provided for a person to be appointed Commander of Fiji. This was the coup leader bestowing the grand title of “Commander of Fiji” upon himself. All this talk about “the powers vested in me” was a mere smokescreen to hide the illegal acts committed by the coup leader. In reality the decree should have read “I hereby appoint myself as the Commander of Fiji”. Perhaps this would have a fairer and more honest sentence since the actions were illegal and the punishment for any person committing treason (at the time) was death by hanging. After the Fiji Constitution Revocation Decree 1987 Interim Military Government Decree No.1, the next decree which again tried to establish the republic was the Constitution Abrogation 11 April

March

April

FLP-led coalition wins general election

14 May

May

22 May

Rabuka overthrows PM Timoci Bavadra

June

Amnesty for Rabuka and his soldiers

October 2012

COVER

– Military Government and Finance Decree 1987, dated Saturday 3 October 1987. Section 8(2) reads:

made by the Fiji Military Government and expressed to be made as a Decree; “The Head of the Military Government” means the Head of the Military Government of Fiji, Supreme Commander of the Armed Forces of the Republic of Fiji.”

It is hereby declared that the abrogation by this or any other Decree of any provision of the former Constitution of the Republic of Fiji be without prejudice to the continued in operation in accordance with subsection (1) of any law which immediately before 25 September 1987 was in force by virtue of that provision.

The self appointed leader at this stage held three titles: n Head of the Fiji Military Government; n Commander of Fiji; and, n Supreme Commander of the Armed The drafter (or draftForces of the Republic ers) of this decree seems of Fiji. very confused since the Also by this stage he person is referring to “the had already self-proformer Constitution of the Republic of Fiji”. There moted and appointed was no republic before himself from the rank this attempt to declare of Lieutenant Colonel Fiji a republic and possito the new rank of full bly is an indication of the Colonel. Final goodbye The statement issued by the Queen in 1987 on the chaotic state of mind that The power trip conresignation of her Governor-General Ratu Sir Penaia Ganilau. existed around the table tinued and in the next at that very moment they decree titled Fiji Judiplotted the creation of cature Decree 1987, the assurance, vest in the Head of the the republic. planners and plotters soon realised that Military Government. It shall be held The words “former Constitution of they needed an oath of allegiance to by him on behalf of or as the case the Republic of Fiji” is mentioned clearbe sworn by the men and women who may, on the like trusts for the benefit ly stating that Fiji had already attained would be appointed under this repubof the Military Government until republican status at independence on proclamation and promulgation of the lic. 10 October 1970 under the Fiji ConstituConstitution of the Republic of Fiji. Under this decree a Judicial Advisory tion 1970. Which republic was this deCommittee was formed and this body cree referring to? It appears that in the The Commander of Fiji was entrustwas empowered to make appointments minds of the planners and plotters of ed all property belonging to the Govto the following judicial offices: Chief the republic Fiji was already a republic. All property that belonged to the ernment of Fiji without any assurances Justice; President of the Court of ApGovernment of Fiji was also given to the to be held in trust. One would question peal; Vice President of the Court of Apperson who had self-appointed himself the whole logic behind this move. Was peal; Justices of Appeal; Puisne Justices Commander of Fiji. Section 10(1) reads: this really necessary seeing that the of the Supreme Court of Fiji. country was already under the control They were also empowered to make of armed terrorists? …all property which was held appointments throughout the judiciary If there was any doubt about who from the Central Agricultural Tribunal, immediately before 25 September 187 or any Minister of the Government was in charge then this was also further to the Solicitor-General, legal drafters, of Fiji who held on behalf of or in outlined under section 24 which read: magistrates and legal officers. trust for the Government of Fiji shall on 25 September 1987, by virtue of this subsection and without further

In this Decree and in any other law – ‘Decree means an instrument 23 Sep

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October 2012

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25 Sep

7 Oct

OCTOBER

Political talks culiminating Rabuka executes in the Deuba Accord his second coup

4Continued on page 18

15 Oct

5 Dec

NOVEMBER

Rabuka declares Governor-General Ratu Sir a republic Penaia Ganilau resigns

DECEMBER

Rabuka hands back Rotuman seccesionists power to civilians raise a new flag

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MATT McKEE/Pacific Journalism Review, 11(2)

COVER

Self-appointed saviour Sitiveni Rabuka in civilian attire following his May 1987 coup. 3Continued from page 17

Under section 6(1): any Court of Law, authority or office which was established, any appointment which was made, and any other thing whatsoever which was done before 25 September 1987 in pursuance of any provision of the Constitution of Fiji 1970 shall be dissolved and all appointments made shall be removed and declared vacant pending appointments by the Judicial Advisory Committee.

It was only correct in procedure for the new persons who were to be appointed to take their oaths on the new oath of allegiance as set out by the planners and plotters. Section 11 provided 18

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that “a judge of the Supreme Court of Fiji shall not enter upon the duties of office until he has subscribed the oath of allegiance and due execution of office as are prescribed by Schedule 1 to this Decree.” The oath of allegiance under Schedule 1, which was misspelt as Shedule 1, reads:

Did the persons who took their new oaths under Schedule 1 realise that they were not only swearing and pledging their allegiance to the coup leader but also to his children, his grandchildren, great grandchildren and beyond?

Was this even realised as people lined up to take their oath and further a treasonous regime which was desperate to consolidate their hold on a nation and its people? How do you feel today knowing that you swore an oath of allegiance to “be faithful and bear true allegiance” to a person who had committed high treason and at the same moment swore to be faithful and bear true allegiance to his heirs and successors? This is how those who committed treason against the sovereign, Her Majesty Queen Elizabeth II and the people of Fiji went about trying to protect themselves from the law. The declaration of a republic was not about giving the people of Fiji more say in their affairs or to give the people a new-found freedom. The affairs of the nation and the people’s freedom were already safeguarded under the 1970 Constitution of Fiji. Those who committed treason were only trying to save their skin and not be hanged the moment they were to be found guilty in a court of law. The only reason for them to declare a republic was to ease the pressure on them from the United Kingdom and to place a bigger distance between themselves and the likelihood they would end up convicted of treason in a court of law. There was never a proper reason or reasons, nor credible justification given to the people as to why Fiji was declared a republic. The people of Fiji were never given an opportunity to have their say in this decision. The descendants of the high chiefs who with great vision had ceded Fiji to Great Britain in 1874 were not consulted. There was never any opportunity given to Fijians either through an open forum or any other means to voice their thoughts on whether Fiji should maintain Her Majesty as the head of state or to come away and declare Fiji a republic. Banana republic? The Oxford Advanced Learner’s Dictionary defines a banana republic as: “a small country that is economically dependent on a single export commodity, such as bananas, and is typically governed by a dictator or the armed forces”. Fiji, in many ways, falls within this definition. We are a small country which has been unstable since the events of 14 May, 25 September and 7 October 1987. October 2012

COVER

Dissecting the creation of the republic Lies and religion n 7 October 1987, the Commander of Fiji and the Head of the Interim Military Government put out the next decree which dealt with the republic agenda titled: ‘Declaration – Republic of Fiji Decree 1987 No.8’. This is an interesting decree when looked at closely and dissected. Still riding high with all the selfappointed titles and powers grabbed at the point of a gun, the decree after the usual “in the exercise of powers vested in me”, reads:

Whereas the People of Fiji have expressed their desire to have a new Constitution for the advancement of their beliefs, rights and freedoms, and trusting in Almighty God and His blessing upon this Decree I hereby proclaim that as from this day forth Fiji is declared a Republic and that the People of Fiji shall embrace the Constitution...

There was never at any stage after the first coup of 14 May or the second coup of 25 September any expression by the people of Fiji of their desire to have a new constitution. This was a fabrication and showcases the mentality behind the move towards a republic. The line which reads that “the people of Fiji have expressed their desire to have a new Constitution for the advancement or their beliefs, rights and freedom” is further misleading. The Constitution of Fiji 1970 did not in any way stop or hinder the advancement of the people’s beliefs, rights and freedom. The 1987 coups marked the first time in the history of democratic Fiji that the rights of the people were so severely violated. The part where the decree talks about the “desire to have a new Constitution” is lies and the next part reads “and trusting in Almighty God and His blessing upon this Decree”. How is this even possible? This illustrates the audacity of the coup leadership to say something like this which, in some interpretation, borders on blasphemy. For those who were easily swayed October 2012

Signed and sealed Several of the decrees signed in 1987 by Rabuka to create the republic. and gave total support to this terrorist cause in 1987, a passage such as this would have played wonders on their collective justification for all the wrongs that were done. To justify these wrongs, it was openly made out that it had been endorsed from the heavens. This is followed by the Commander of Fiji stating that: “I hereby proclaim that as from this day forth Fiji is declared a republic”. This is classic self-appointed authority played out in public. Powerladen words such as “I hereby proclaim” are all about trying to sound and look the part. The last part is a direct order from the self-appointed Commander of Fiji: “that the People of Fiji embrace the Constitution”. What? How about those of us who did not ever embrace the illegal and racist 1990 constitution? Once again you can read that the whole exercise was only about sounding and looking the part plus trying to add legitimacy to terrorist acts. The people

of Fiji never embraced anything since our collective voices were suppressed during this period. The rest of the decree goes on to further make a mockery of the rule of law, the constitutional process and the people of Fiji. The following subsections show just how chaotic the creation of a republic was. The People of Fiji shall embrace the Constitution that: (a) requires that a new Constitution replace the Constitution under which they attained independence on 10 October 1970;

All done in haste and without proper thought, the subsection when read in full would have a circular meaning: that the people of Fiji embrace the constitution that requires that a new con4Continued on page 20 republikamagazine.com | Repúblika |

COVER

The shortlived ‘sovereign’ Rotuma

ALAN HOWARD/PACIFIC STUDIES/ROTUMA.NET

hortly after the second mahao “foundation” in the military coup in Fiji, in district of Noatau, which was September 1987, a part-Rotupresumably the place from man man in New Zealand by which their titles came. the name of Henry Gibson The Mölmahao foundaannounced to the newspapers tion is one of many named that he had declared the ishousesites (fuag ri) on Roland of Rotuma independent tuma that have been unocof Fiji. cupied for many years. The According to media acvisitants also told him to take counts, Gibson said he was the title “Lagfatmaro” (un“king” of Rotuma and claimed conquerable victor). This was a popular following on the isthe title of the first sau, Gibland. His argument was that son alleges, and entitled him Rotuma had been ceded to to be sau. Great Britain separately from Three flags flew atop poles Fiji, and that when Fiji bein front of the Mölmahao came a republic and left the foundation. One is the Union Commonwealth, it had lost Jack. It symbolised the comThe Mölmahao clan flag and stone kava bowl at Henry Gibson’s the right to govern Rotuma. mitment of Gibson’s followcompound on Rotuma. A clipping from The Age newspaper dated He petitioned the queen 2 February 1988 reporting the attempt to secede. ers to the Deed of Cession, by of England for recognition of which Rotuma’s chiefs ceded Rotuma’s status as an indethe island to Great Britain in pendent state that would remain within the Commonwealth. 1881. It also embodies the hope that the queen will recognize His plea went unheeded, but his followers on Rotuma created the plight of Rotuma and will support the move toward indea new islandwide council intended to replace the Council of pendence from Fiji. The second flag was designed by Henry Rotuma (composed of chiefs and district representatives). As Gibson. It is the Mölmahao flag. It consists of a gold circle on a result, they were arrested and charged with sedition. a purple background; radiating out of the circle are gold stars R Gibson claimed to have had a dream visitation from the and gold stripes (above image). first three sau (kings) of Rotuma and a sauhani (queen). He says they urged him to return to Rotuma to clean up the Möln Alan Howard/ Published in Pacific Studies 15:83-116, 1992 3Continued from page 19

stitution replace the constitution under which they attained independence on 10 October 1970. (b) they freely accept that it is desirous that the Constitution be replaced so that the will of the people may be truly set forth and their hopes, aspirations and goals be achieved and thereby enshrined;

Without a voice or option about the future of the nation or the constitution, this subsection also made out that these moves were freely accepted and that there was a desire that the constitution be replaced so that finally the will of the people may be truly set forth. (c) re-affirm that the indigenous Fijian race is endowed with their lands and the right to govern themselves for their advancement and welfare; 20

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This was already enshrined in the Constitution of Fiji 1970 and the land issue formed the basis and the foundation for the coups. (d) re-affirm that the Nation is founded upon principles that acknowledge the Deity and the teachings of the Lord Jesus Christ, the importance and place of the family in a free society with free institutions and unalterable and inalienable belief and faith in the fundamental rights and freedoms with which all brethren in the fellowship of men are possessed;

What nation does this subsection refer to? Surely it cannot be Fiji! The talk of a free society with free institutions just after terminating the entire judiciary and every other institution in a once-free and democratic Fiji just did not add up. (e) re-confirm that Fiji is a democratic society in which all peoples may, to the

full extent of their capacity play some part in the institutions of the national life and thereby develop and maintain due deference and respect to each other and the rule of law;

The entire point about Fiji being a democratic society is lost since from May 1987 until the next general election in 1992, Fiji was anything but a free and democratic society. (f) re-assert their recognition that the indigenous people of Fiji in respecting the rights of their brethren to live in harmony are entitled to due deference to their custom and traditional way of life;

This subsection again is added to justify their actions. Nothing was ever under threat but this part plays into the emotions of those who were rallying behind the coup leadership. 4Continued on page 22 October 2012

COVER

Between a rock and a hard place Why do Fiji’s young people feel disconnected from nation-building?

By KELVIN ANTHONY

t’s bloody sad,” a Fijian bystander said. “I saw an old Indian woman running for her life pursued by two boys . . . And there was nothing I could do about it.” That quote from an article published in the Chicago Tribune on 21 May 1987 shows that although some ordinary iTaukei went on a rampage 25 years ago, misled by visions of ethnic supremacy brought to the fore by the actions of then Major-General Sitiveni Rabuka, there were some indigenous Fijians who knew it was wrong and could foresee the troubles that would be visited on Fiji. Forty-two years after independence and 25 years since the country was declared a republic on the heels of its first two coups, achieving a true sense of nationhood still presents problems for some of Fiji’s citizens. And when it comes to young people, the story is somewhat confused about their vision for the future. Almost a generation after Rabuka’s declaration of a republic – and a further two government overthrows later – there remains a vague understanding of what a republic should have entailed for the country. With the country now at the crossroads through a transition back to a October 2012

democratically-elected government mixed feelings persist among young people on their level of engagement in the nation-building process. One reason for their hesitation is the lack of belief in the existing structures that govern the people, and whether this disbelief has led to the deterioration of young people’s contribution to society is debatable. In Fiji, young people are caught between a past not of their making and a present filled with trying to right the wrongs of a previous generation. The future, thus, seems clouded and though there is a general sense of direction, the path remains uncertain. So even after more than four decades of independence, innate divisions within the diverse ethnic communities and a power struggle at the top means an increasing number of young people end up at the loose end of society, filling up prisons, finding themselves part of the unemployment statistics and wanting to be disconnected with anything to do with progress dictated by leaders. This could not have been more obvious when recently the Constitution Commission raised concerns in the media about the lack of interest shown by young people to get involved and participate in this important chapter of Fijian history by making their voices heard. It is in such a situation when the question of identity pops up and what

In Fiji, young people are caught between a past not of their making and a present filled with trying to right the wrongs of a previous generation. it means to today’s young people to live in an independent country. Or what it means to be a republic. Getting young people to express their feelings on such questions shows up their tendency to feel torn between attitudes; they express much optimism as well as a sense of hopelessness. “Being independent means we must now make independent decisions on how to govern, run, be corrupt in and abuse our own country,” the reigning Miss South Pacific Alisi Rabukawaqa says. A republic means the people have the 4Continued on page 22 republikamagazine.com | Repúblika |

COVER

Dissecting the republic 3Continued from page 20

(g) reiterate their recognition that people and institutions remain free only when and for so long as freedom is founded upon respect for the spiritual and moral values of each other and a mutual observance of the rule of law.

Again a huge contradiction; while the entire nation was under lockdown and a once proud military roamed the streets terrorising the very people they were meant to protect, neither the people nor any institution was free. Democracy and the rule of law were lost. There was no consultation or an opportunity for the people to have a say in the move to declare Fiji a republic. To declare a nation a republic is no simple move for any country. Most countries have extensive consultations with the people and after much debate a decision is reached which is supported by the majority. In Fiji instead of the majority having a say, a very tiny group made the decision to declare our country a republic. In my opinion, the declaration of a republic was invalid due to the lack of legitimacy behind the process. The declaration was 3Continued from page 21

power to elect who they want as leaders to represent them, raise their concerns, and make it possible for them to live a life of dignity and respect, free from fear and oppression. “Fiji has never been a republic, ever,” says Shaneel Sagar, 28, who works at the Fiji Human Rights Commission. “It was either at some point controlled by the traditional hierarchy of the indigenous or the power of elite businesses, and now the military. So tell me when and how does giving a country republic status make it so unless and until all these factors (the people’s right to choose) have some influence on it?” Trying to get young people to share their perspectives on our present political situation is tricky. Whatever the reasons, our young people seem uninspired. There are, however, some genuine justifications for their discontentment. Prime Minister Commodore Voreqe Bainimarama has persistently declared that the vision of his government is to create an inclusive society for all. But much frustration, ill feeling, and hopelessness go with his government’s vision and the common explanation for this resentment is the feeling of constrained freedom to fully exercise one’s inherent rights. For many young people, everything falls back on the question of their rights 22

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carried out by terrorists and forced upon the nation. What was born out of terrorism still lingers 25 years later. If the majority of the population were behind Fiji being declared a republic in 1987, that would have added weight to the legitimacy of the declaration. However this was not to be and everything came about by illegal means. The events of 1987 continue to haunt us today. Fiji is a young nation but we have experienced more than our share of upheavals. If we let illegal acts linger, a dark shadow will continue to hang over the nation. Are we paying the price today from the actions of that ill-fated day on 14 May 1987 when terrorists stormed parliament? We certainly are without a doubt! If we are serious about Fiji being a republic, the only way forward is to have a referendum. Perhaps the current leadership can facilitate this referendum and let all Fijians have their say in deciding the status of our nation. The question to be asked in the referendum would be straightforward and sooner or later we will have to address this question. Should this be done, we will be able to lay to rest the question and legitimacy of the republic. R

and freedoms: what and how much can young people contribute to be part of the solution? “I am 27 years old. I haven’t voted once and in 2014 if there is an election, I might vote for the first time. But I still don’t know what democracy truly means,” says Zoher Janif, a postgraduate student at the University of the South Pacific. “We need to first know what is really meant by this foreign term and then we can talk about moving forward or having a vision for the country,” says Janif. With the nation-building process as complex as it appears, many young people cannot be bothered much about their vision for Fiji but instead focus on personal goals and their family. The understanding is that these young people have become submissive to the situation around them and though they would want to change it, they see no point in trying. But if there is a particular area which interests many young people, it is to get rid of the coup culture which has been a dominant feature of much of their lives. In the instances that youth have made submissions to the Constitution Commission, this issue was priority for them. Good governance and getting rid of corrupt politicians have also been high on the agenda. “My vision for a new Fiji is where no person or entity is to be given immunity for any acts against the government of

the day,” says Sagar. Rabukawaqa has an intriguing account of her vision of a new Fiji. “The world is fast becoming globalised; we are all moving towards global citizenship and the only identity will be human,” she explains. “In a few decades, Fiji will just be a story in a book. Fijians will be extinct like the Mayans – so all this republican, democratic independence is an attempt at futility.” National Youth Council Fiji chairman Usaia Cirikiwai Moli, who was in class three in 1987, says for him a truly independent republic is a “country that looks within itself to find solutions” to its problems. Moli envisages a country “where my children and I can walk the streets feeling safe, having the freedom to express my opinions, and where individuals learn to accept differences and unite as citizens.” If young people are supposed to lead Fiji to expand its horizons, then now is the time to make them believe in engaging effectively so they can get over their doubts and confusions, and participate without fear in what they stand for because their vision today is the future of R this nation. n Kelvin Anthony is a media and public relations intern at USP and an advocate for youth, peace and climate change. October 2012

October 2012

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CONSTITUTION

Harnessing our collective guilt As the constitutional process reaches a climax, perhaps what we need is a ‘soiled’ form of dialogue

By TUI RAKUITA

s the Constitution Review Commission starts finalising all submissions it has received from all walks of life within the country, we as citizens need to understand what the whole enterprise is all about and what it means for the future. The review commission set up as a precursor to a new constitutional process, is in reality, a call for yet another round of dialogue to map out once more an inclusive vision for all. We have had two of these ‘talks’ in our rather tumultuous history with democracy as a system of government. The first was conducted by our political leaders on the eve of Fiji’s Independence. It culminated in the 1970 constitution. The second, in 1995, was deemed to be a painstakingly all-encompassing process resulting in a constitution touted to be on par with the best in the world. This will be our third. The question that comes to my mind immediately after this observation is: will this be the metaphorical ‘third time lucky’? Dialogue as discourse When we begin exploring the issues that we would like included in our constitution as expressions on the kinds of future we would like to have, we are, in a nutshell, toying with an overarching idea on what the right kind of life should be. In so doing, we are looking at incorporating our normative horizons into discourse, hoping that what comes out of it will be a reflection of the 24

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best that is in ourselves. Of course, all these considerations are closely interwoven with ideas of ‘right’ and ‘wrong’. These, in turn, are fashioned out of our conception(s) of truth. Democratic thinking has, over time, come to accept this as part and parcel of what it means to be free. As a follow on, normative theories on democracy fall generally within two, often, intersecting frames of analyses – substantive and deontological. The former assumes a notion of the ‘good life’ to guide discussions on the proper procedures that will facilitate the quest for a defined objective. The latter, in contrast, focuses more on establishing proper procedures based on the assumption that the yet undefined ‘good life’ will ensue as a natural consequence of the procedures that have been adopted. Nowadays, the second approach is in vogue hence considerations on the establishment of impartial procedural processes have, on the main, eclipsed all other alternatives in our collective quest for autonomy. Consequently, democracy has come to mean, amongst other things, free and fair representations. In constitutional talks this would mean the freedom to discuss your thoughts for what a collective future should be. Because thoughts are embedded within subjective worldviews, the onus is always on how to temper these forms of expressions while simultaneously giving them free rein in discourse. Some regard this as the site where contestations between ‘truth claims’ occur. One of the most celebrated ways of doing this is by adopting a mode of dia-

logue that is open, free and transparent for all. The idea is that our redemption rests in a free or pure form of discourse, severed from all kinds of vested interests, and guided only by reason. Perhaps the best way of depicting this fair and free exchange of ideas is to cite the indelible words that have been claimed as epitomising Voltaire’s political philosophy: ‘I disapprove of what you say, but I will defend to the death your right to say it’. Indeed this has been the guiding beacon of discussions on and about the nature of democracy and its associated processes. For what is democracy if it does not include the right to disagree? Needless to say that this has helped reaffirmed the perception on the inviolable right of speech. It is also indispensable to the contestation of truth claims which, it is envisaged, channels the dialogue towards a free and fair consensus forged within the crucible of an all-encompassing rationality. At least that is what the theories would have us believe. The sting in the tail But words have failed us time and again. The dialogue between our political leaders that gave birth to our Independence was unceremoniously blotted out by the actions of Rabuka in1987. That dialogue, as the apologists of 1987 alleged, was based on an unequal exchange; one that subsequently became the basis of the eroding autonomy of the iTaukei in their own land. As if this was not enough, words enshrined in the 1997 constitution were yet again stamped out by George Speight October 2012

CONSTITUTION

FIJI CONSTITUTION COMMISSION

‘We need to introduce into popular consciousness, prior to any dialogue, a collective guilt about what we have done to ourselves and to Fiji.’ In full colour A Koro islander shows what he thinks our new consitution should include. and his motley crew at the turn of the new millennium. The pretext again echoed that of Rabuka’s; that is, the dialogue did not recognise the inalienable rights of the iTaukei in Fiji. Qarase’s government began its political journey as a civilian interim administration propped up by the army to guide the country into the next general election of 2001. In 2009, after three years of ejecting the SDL government from office, the army once more disputed the paramountcy of the same constitution by chucking the document out so to speak. It was clean-up time, they said. All these actions of dislodging our various constitutions have always had considerable support. The instigators of the various constitutional crises made it clear that the reasoning behind each constitution did not curtail the practise that gave rise to unreasonable excesses in our social and political life. In fact throughout our history, the argument goes, constitutions in the hands of politicians have, more often than not, become a simple ‘will to power’. Politics has become, in a nutshell, a derogatory term. But if politics is ‘bad’ how on earth are we going to take part in a constitutional review without the cynicism that has been the clarion-call for all our coups? Frontiers of a ‘new’ dialogue Given the above, it becomes quite clear that we need to reassess the way we have been conducting our dialogues. This is to say that ‘free dialogue’, broadly October 2012

defined in Voltarean terms, has not achieved its purpose. The way in which people have acted with impunity against the various constitutions we have had is testimony to this. In light of this, I am of the view that the rational consensus that is being sought needs to be rooted in more than mere argumentation on ‘truth claims’; that is, we need to seek a collective agreement that is premised on more than just a coalescing of minds. To this end, we need to reorient our minds in such a way that it will not blot out some historical truths about ourselves as we begin the dialogical process that will be the basis of the next constitution. The first truth that, in my view, needs to be admitted to is that we have made a mess of our country. Our words to each other, enshrined in our various constitutions, are devoid of any mana. We are all suffering as a consequence. We need, therefore, to introduce into popular consciousness, prior to any dialogue, a collective guilt about what we have done to ourselves and to Fiji. Furthermore this guilt needs to be genuinely felt by each one of us. This is not so hard or ludicrous to imagine as our country fairly reflects the kind of politics we have been engaging with ever since we became a nation-state. This collective guilt and suffering could be a useful check on the tendency to give in to cynicism in an important juncture of our political life. An implication of this shift is that free and open discourse must be purged of its vacuous character. In the new vacuum we must deposit our collective guilt

that, in turn, must guide all our discussions. What we are seeking, therefore, is a ‘soiled’ form of dialogue. A constitution that, amongst other things, is forged in a cauldron of guilt and suffering will be a powerful antidote to the tendency to reduce the document into one of Homer’s odyssean siren song; one of entrapment, injustice and un-freedom. Let us bring mana back into our discussions with each other. Our words need to convey, along with our deepest yearnings, the echoing whispers of our disillusionment with what we have become. As such they must not only make sense on the discussion tables but also reflect the suffering from which they are given their substance. Only then will we find a more honest truth about ourselves; a truth that will be the template for a consensus that is undergirded by a more honourable justice. Indeed the blindfolded goddess, with the sword in one hand and scales in the other, not only signifies that justice tolerates no impediment but also that it is animated by the presence of social myopia and torment in our midst. There is nothing that is beyond the reach of the resilient denizens of these beautiful isles. Let us not be deluded by the cynical argument that we cannot craft something enduringly beautiful from the depths of our collective anguish. This, after all, is the land of the R exquisitely poignant Isa Lei. n Tui Rakuita is a lecturer in the School of Social Sciences at the University of the South Pacific. republikamagazine.com | Repúblika |

CONSTITUTION

God, gays and guns... Some of the burning issues that have been brought before the Constitution Commission

By MITHLESHNI GURDAYAL

To completely disregard the content of the previous constitutions would not be wise as it disregards the wisdom of our forefathers and architects of previous constitutions. The Commission has 26

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FIJI CONSTITUTION COMMISSION

od, gays, guns, money, chiefs, land, sea, women and children. These are just a handful of the many issues brought to the attention of the Constitution Commission during public consultations around the country. One thing is quite clear after listening and reading the views expressed by Fijians: that most of them would like to see a progressive Fiji, a peaceful Fiji, a Fiji where everybody lives in harmony. Numerous ideas, suggestions and experiences have been put to the Constitution Commission to consider. Some submissions are extreme while others sensible and practical. In many cases, the submissions reveal that some people still have yet to grasp the concept of a constitution as the overarching legal foundation of a country, rather than an instrument to regulate daily life. Well over 2000 submissions have been received, with the commission travelling far and wide, including to Rotuma to hear the public out. The commission has also received written submissions by email, through its website, by post and hand-delivery. People have submitted their views in a language they are comfortable speaking – English, iTaukei or Hindi and some people have used placards, paintings and T-shirts to share their views. Here is a collection of extracts from printed submissions made to the commission in the past months:

Raising their voices Supporters of workers’ justice at Suva’s parliament complex. to decide whether to make a break with the past or seek to correct the defects of existing institutions but retaining some of the positive elements. ~ Amenatave Malani, Suva. The 1997 Constitution, to be modified, should be used as model for the new Constitution to include citizenship, human rights, governance, state institutions and constitutional amendments. ~ Taniela Tabu, Nasinu. We have to reinstate the Great Council of Chiefs but they have to be elected. First of all, they have to be thoroughly checked so that there is no new chief and there is no government promoted chief. They should get the proper chief, get their proper identification and all that, the proper chiefs of this country. ~ Iliesa Duvuloco.

The role of the military should be clearly defined and reduced to acceptable levels. They should concentrate on rural development and (maybe) peace keeping (which should be performed solely by reserves to provide employment). Those in the regular force could participate in nation-building. ~ Vilikesa Naivalucava. People living in the rural and remote areas of Fiji have been neglected for so long, therefore, the constitution should include provisions whereby they could be helped or assisted. ~ Tito Nariva, Namosi. Fiji should have one supreme God and that it should be enshrined in the constitution. ~ Filimoni Kilawekana, Wainitevua farm. Our main problem in the Yasawas is October 2012

CONSTITUTION

marine transportation and we propose to the government or whichever government comes into power, to please provide us with special transportation mode for Lautoka/Yasawa and Yasawa/Lautoka on a daily basis. ~ Pita Turua, Bukana Village, Yasawa.

Protect all people according to the declaration on human rights. The rights of each individual, regardless of their sexual orientation or gender, should be protected. One person, one vote, one value is the way to move Fiji forward. ~ Sanjay Naidu, Nadi. Same sex marriage is an abomination before God. Last week I read in Nai Lalakai of a writer from Kadavu talking about this happening in other parts of the world. I propose that this is not to be entertained. ~ Manasa Radukeva, Nausori. All rights should not be taken on board in the new constitution – women’s rights, children’s rights and human rights. ~ Watisoni Taukei, Lekutu. I propose that it depends on the father or mother; if they are both iTaukei where they should include or which mataqali or clan they write their names in. Chil-

FIJI CONSTITUTION COMMISSION

Let me tell you something, the reason I am sitting here today is, a week ago, when I was having dinner, this TV advertisement came on where it showed all these people saying, “I am Fijian”. My three-and-half-year-old daughter stood up and unconsciously she said, “I am Fijian”. When I heard that, my heart missed a bit, because all these years I have always wanted to hear that. I am so proud of that, and I hope that we keep that name. ~ Regina Naidu, Namaka FNU.

Hearing us out Constitution Commission chair Professor Yash Ghai, centre, Penny Moore, left, and Professor Christina Murray.

dren should not be written in any other mataqali or clan as this will result in poverty. ~ Mesake Camainakoro, Nabouwalu.

children. I am one that used to receive corporal punishment and as a result, I am a disciplined and law-abiding person. ~ Esala Rokowaqa, Bua.

Parents have to instil moral values in their children. ~ Sairusi Qarinivalu, Lekutu.

Prostitutes should be taken off the street because of the spread of STDs. ~ Seci Nabowasa, Yasawa.

All those born here should be called Fijians because this is their home. ~ Ashna Naidu, Levuka.

We would like, during village meetings, to be given the opportunity to speak up and take part in village discussions. I have spent eight years on the island and whenever we have village meetings, many proposals raised by women during these meetings were not considered. So we have been ignored most of the time. ~ R Wakesa Tuidrova, Yasawa.

That government must review children’s rights. As we have seen parents are finding it difficult to discipline children. The children are taking advantage of those rights, which is overriding the disciplinary process in the family. Corporal punishment is one alternative of disciplining

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n Mithleshni Gurdayal is the communications director with the Fiji Constitution Commission.

Our lives begin to end the day we become silent about things that matter. Dr Martin Luther King Jr. (1929-1968)

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Fiji Women’s Crisis Centre | 88 Gordon St, Suva | Phone: 3313 300 / 9209 470 (24hrs) | www.fijiwomen.com October 2012

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VIEWPOINT

Are we breeding a culture of bullying? By EDWINA KOTOISUVA

hen we think about bullying we imagine the overgrown classmate throwing his or her weight around in the school grounds – the person that we try to avoid eye contact with just in case they start picking on us. The culture of bullying or even the use of the term has evolved somewhat and now there are discussions about workplace bullying and bullying which exists at all levels within the education system, cutting across different relationships and across different boundaries. In this discussion about bullying, I would like to look at how the behaviour of scaring or harming another person who is “weaker” is not only happening at an individual level but at a national level. Consider schoolyard situations: Your group of friends come to play and the “muscles” in the school think they don’t belong because they don’t abide by their terms and conditions so they send them scurrying. Or you and your friends decide to play a particular game in the corner of the grounds and the power brokers on the ground don’t like the game that you’re playing or the fact that you’re drawing interest from the rest of the crowd in the school so they disrupt your game and send you all scattering just because they “said so”. The more bullies are allowed to do this, the more power they accumulate. Governments the world over are known 28

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to be bullies in one way or another and when these bullies turn into tyrants and do not adhere to the rule of law, they send out a message that the power they have is meant to be abused. So messages like, “We can expel you because we don’t like your terms of reference or we can cancel your permit to march because permits can be given and can be taken away”, are very clearly the language of a bully. If we shift our focus to what is happening in schools in Fiji, we can see how the culture of bullying is normalised. Everyone who has been through the education system has a story to tell about bullying so why is the situation now any different from what which existed 10 or 20 years ago? The difference now is in the power shift and the legitimising of this bullying. Where do a group of prefects learn that they can round up a group of students for a supposed misdemeanour and beat them up into submission or where do prefects learn that an appropriate way to deal with students who talk too much is to make them stand in the middle of the ground pulling their ears – public humiliation and physical discipline as a means of control. There have also been recent cases of bouncers and security guards beating young people, gay men and street kids. Clear cases of people with a bit of power or a uniform denoting power exercising control through the use of violence. This behaviour mirrors certain situations that have taken place in our country – beating people into submission. How we treat those perceived to be

at the lower end of the ‘moral’ spectrum – escaped prisoners, sex workers, gay people, ‘delinquents,’ etc, is an indictment of our society. What is happening in schools in Fiji is very worrying. Teachers, just like many other civil servants, have been disempowered due to the fact that people live in constant fear of losing their jobs. Therefore, they transfer their power to students (mostly prefects) to carry out the tasks of discipline. There is no doubt that the teachers who pass on this responsibility get a sense of enjoyment because they can see that the “naughty” students are dealt with and they do not have to come out looking like the bad guy. Not only is this totally irresponsible, it is downright devious. The tactics that the students use are tactics that they see being used around them. When we condone bullying in whatever form, at whatever level we are encouraging our children to use violence and coercion to take and retain power. We are teaching them that the end justifies the means even if you break a few rules or laws along the way. But is this what we want to teach them? Or would we rather have young people who knew how to negotiate, dialogue and respect the rights of others? If we are serious about grooming leaders for our country then we need to seriously rethink the culture of bullying that is taking over our schools and our R country. n Edwina Kotoisuva is the deputy coordinator of the Fiji Women’s Crisis Centre. October 2012

VIEWPOINT

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When violence begets violence

Brawl boys Still images from a video of a massive brawl, involving mostly young men, at the Suva bus station on a recent Sunday. ver the past month, Fiji has witnessed several incidents of violence that has once again forced us to examine the kind of individuals our society is nurturing and harbouring. From brutality by the security services on escaped prisoners, to public fights between school students and a massive brawl in the Suva bus station, the level of violence has left many pondering what is becoming of our country. With the escape of the five prisoners, it is perhaps telling of our propensity to resort to violence, that many fully expected the prisoners to be mistreated on their capture, even while they were still on the run. It is sad that it is an almost natural reaction by the public and the security forces that those who escape from prison and go on a rampage should be tortured in return for all the resources they have wasted and the terror they have caused. Our security forces and the officers that command them must rise above the level of these escaped prisoners no matter how hard it may seem. That, after all, is one of the foundations of the Yellow Ribbon programme to rehabilitate prisoners. In the case of the brawl between students of Marist Brothers High School and Suva Grammar School, the decades October 2012

STUFF.CO.NZ/SUPPLIED

Victim of violence Sakiusa Rabaka, 19,

died from head injuries on 24 February 2007, almost a month after he was brutally assaulted by soliders in Nadi.

old rivalry which nobody seems to remember exactly how it started, has been exacerbated by social media such as Facebook. Students posting on various pages denigrate each other and their schools, sometimes blatantly calling for a public fight. A social media tool that many use to connect with family and friends and find long-lost mates, and

was one of the key factors driving the Middle East revolutions, in Fiji is being used by our young people to terrorise each other. Perhaps the solution to this is ending impunity for violence, starting at the top. If the government is serious about building a better Fiji, it will ensure that officers of state – whoever they are – who perpetrate unlawful violence for whatever reason, are put in the dock. If the authorities can charge a teenager for involvement in student violence, it must also be willing to put its own officers on trial who were responsible for the assault of the five escaped prisoners. Our recent history (and farther back) shows us that impunity for state officers involved in violence against civilians often has tragic consequences. Names such as Nimilote Verebasaga, Sakiusa Rabaka and Tevita Malasebe are just some of the many who are testament to the lethal brutality our security forces are capable of. As Martin Luther King Jr pointed out in 1967: “The ultimate weakness of violence is that it is a descending spiral, begetting the very thing it seeks to destroy.” n RICARDO MORRIS n To see the video of the mass brawl at the Suva bus stand see http://tiny.cc/suvabrawl republikamagazine.com | Repúblika |

DISPATCH

The Pacific and the pivot The resurgence in US interest in the region may mean little change for Pacific island states

From ARTHUR McCUTCHAN in Brisbane

republikamagazine.com/dispatch

hat will America’s pivot entail for Pacific states? If you are Fiji, it means a reversal of your ostracism; you will again become part of the clique ostensibly because you are too important to exclude. It’s a tactful way of framing this reversal of attitude but you are primarily being welcomed back because of what they fear will happen if you aren’t. For Pacific Islands as a whole, it will result in little change to the existing state of affairs. Aid from advocates (and opponents) of the pivot will go up, there will be increased co-operation on security, a few more diplomats than normal will visit our capitals—some of them more prominent than we are used to seeing—but on the whole we will remain on the periphery of these adjustments. Pivot, as used in the context of American foreign policy, entered mainstream conversation in late 2012, approximately when US President Barrack Obama visited Australia in mid-November. In Canberra, he addressed a joint sitting of the Australian Parliament and announced a reshaping of his nation’s foreign policy which would hinge on anticipated developments in Asia-Pacific. Secretary of State Hillary Clinton had already highlighted this shift a week earlier in an essay in, appropriately, Foreign Policy magazine. The piece titled “America’s Pacific Century” mapped out how US strategy was being realigned to accommodate these changes in global affairs by a strengthening of its military, economic and diplomatic efforts in the region. The realignment rested on an expectation not only of huge economic growth in Asia, but also increased potential for instability among nations in 30

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the east and southeast who, by virtue of their strengthening economies, would be prepared to assert themselves by force. For at least the first six months after these pronouncements, most of the reports chronicling, reviewing and offering predictions about America’s foreign policy reorientation, academic analyses included, were predominantly using the phrase “Pacific pivot” to sum up the new position. It became the default expression perhaps as a result of Clinton’s discourse – she gave prominence to the once-again fashionable view that America was a Pacific power and in “America’s Pacific Century” utilised the term “pivot” on three occasions and mentioned “the Pacific” nine times. Pacific pivot is still in use in some quarters. It’s a concise way of describing the considerable issues at play. Alliteratively, it is perfect. The only issue with its use is that it is inaccurate, not least from the point of view of Pacific Islanders. Through our eyes; and theirs In its purest sense, the word Pacific is a uniting one for those of us who consider ourselves its people. It links us, not only because we are surrounded by the vast briny expanse from which we derive this identity but also how deeply our regional character is tied to this ocean. The Pacific sustains us and sometimes undermines us and consequently dominates all aspects of our lives. It is so ubiquitous that it is a routine component of the lingua franca within which we apply it unvaryingly: Pacific, as a proper noun, describes where we come from. Other oceans may foster the same connection but none lends its name to its people like ours does. I have yet to meet a proud Atlantic Islander or an equivalent from the Indian Ocean. The fact that we identify ourselves as Pacific Islanders means we have a

greater affinity with the word. In a manner of speaking, we, through our usage, own the term. Contrast this with how the rest of the world has, and is, utilising it. Whereas we’ve always thought of the Pacific as a region encompassing Micronesia, Melanesia and Polynesia, they’ve used it as a pseudo-geopolitical term for Asia as they cast anxious glances at China. More broadly, this designation describes the Pacific Rim and includes any nation on whose shores lap not only the waves of the Pacific Ocean but paradoxically, those of the Indian Ocean. Some are even using the terms Asia and Pacific interchangeably, as if they were the same. There is no doubt that Asia is the more influential constituent in Asia-Pacific but the Pacific deserves if not the attention, at least the acknowledgement of its distinct identity. This (from a Pacific perspective) contradiction of terms and lack of interest in the vast territory we call home is symptomatic of how we are perceived internationally. We are a region of limited stature and even less influence. We go wherever the tides of international priorities take us, in whichever direction the winds of globalisation push us. Our unexceptional position in the global scheme of things is demonstrated by the fact that we are often administratively viewed as an appendage of Asia. Although our region covers some 30 million square kilometres, most of this is ocean and any internationally valuable resources we accommodate, like petroleum and gas, lie undiscovered or beyond the reach of current technology thousands of metres below the surface of the Pacific Ocean. In circumstances where these resources are accessible, extraction wouldn’t yet be an economically viable option. Yes, we are also endowed with tuna, which numerous people appreciate, but it’s hardly in the same category as oil. People can survive without tuna; the October 2012

DISPATCH

The Pacific’s position Some will call this perspective of an impuissant Pacific cynical. I see it as reality. As nations which are virtually powerless, we need to negotiate our way around as best we can. This situation is unlikely to change unless we play host to an event which will provide enough leverage to directly and immediately influence a regional power like Australia or a global one like the United States. I submit two scenarios: displaced Pacific Islanders; and from Western and Asian perspectives, the increasingly assertive China. The first presents a situation Australia (and New Zealand) may need to deal with on a greater scale in future; the second offers a challenge to US supremacy in Asia. There is ample evidence that some Pacific Islands are sinking into geological oblivion. Whether this is being caused by rising sea levels or natural subsidence is immaterial to this piece. The fact is affected Pacific nations are losing ground on all fronts and some populations will eventually need relocation. Our island nations which are facing this peril don’t have the finances to manage the problem and from Australia, it is not yet seen as an urgent-enough issue within its sphere of influence. On the other hand, were there to be a few thousand desperate refugees from Kiribati and Tuvalu island-hopping their way to higher ground in neighbouring Pacific states, you’d be certain that the matter of displaced Pacific Islanders would emerge quite rapidly near the top of Australia’s agenda. The rapid population increase this would trigger in countries which aren’t exactly the world’s most affluent would likely result in conflict over resources. Australia would be inclined to interven, perhaps in several areas at once, if this was the outcome. Most Pacific Islanders displaced in this manner would also be looking at Australia or New Zealand as their ultimate destination. In assigning Australia a role in this sequence of events, I am in no way suggesting that it should be held accountable for the welfare of our displaced peoples. Rather I am forecasting, neither without precedence nor exclusiveOctober 2012

Ola Thorsen /US State Department

global economy would collapse without diesel.

Pacific presence Hillary Clinton was the first US Secretary of State to participate in the Pacific Islands Forum-Post Forum dialogue, held in the Cook Islands in late August.

ly, what would happen when some of us find our tropical island homes sinking beneath the waves. Observe how difficult it has been for Australia to manage the issue of boatarriving asylum seekers and refugees from the more distant nations of Sri Lanka and Afghanistan and then visualise the pressures that would be generated if refugees were emerging from nations much closer to home. In the second scenario, our region becomes important only insofar as it could be used to help surround and contain China and maintain the status quo of US primacy. If Fiji was to announce tomorrow that it was accommodating a Chinese military base (this is not as implausible as it was a decade ago), there would be a plethora of diplomats, military and national leaders and heads of states immediately beating a path to our nations’ capitals. Australia and New Zealand’s undertaking to resume full diplomatic relations with Fiji therefore looks very different with China as a variable. It’s not the act of mutual goodwill it has been portrayed to be (Canberra and Wellington said they were prompted by Suva’s assurances of elections by 2014). This change in attitude really has its genesis in Washington where the China issue is causing much anxiety. Power brokers there aren’t really concerned about the fortunes of Fijians and whether or not they are being nurtured under an elected government. But they are being kept awake by a perceived threat to

US dominance in Asia. So the pivot is a response to issues that, at their heart, have very little to do with the Pacific as we ordinary Pacific Islanders understand it. Yes, the Pacific will provide a large section of the stage on which this latest chapter of the New Great Game will be played, and regardless of the precarious position we will find ourselves in, the risks and choices we will have to take and make and the challenges that will entail for us, we will remain bit-part actors. America’s intentions vis-a-vis a strengthening China are evident. No matter how they spin it, the surge in Guam, increased diplomatic efforts and military links with South-East Asian countries as well as India, nascent trade and economic agreements with “Pacific” nations, a token but growing presence of US military troops and equipment on Australian territory — all are signs that the world’s greatest power is, at a minimum, suspicious of China’s intentions. The more extreme end of that is of course a belief that a China with hegemonic objectives in Asia-Pacific is a threat that must be contained diplomatically, economically and if necessary, militarily. Embracing Fiji and the Pacific is just R part of that equation. n Arthur McCutchan is a Fiji-born journalist who resides in Brisbane. He works as a subeditor for News Limited. This article reflects his personal views and not that of his employer. It was first published on his blog, An ocean, A part, at niuviews.wordpress.com republikamagazine.com | Repúblika |

DISPATCH

Samoa’s land courts crisis From SAVEA SANO MALIFA in Apia

he more we think of the lingering disputes between the government on one side and Satapuala and Magiagi villages on the other, the more we think of the judges of the Land and Titles Court and how, over recent times, they have been using the power at their disposal to rob unsuspecting members of the public of their rightful land and title inheritances, ostensibly to suit their warped purposes. We’re thinking that some of these judges clearly believe there are members of the public who are so gullible they will not consider complaining against any ruling they’re delivering, and even if they did, so what? Just recently two of them reportedly disagreed on a ruling their panel was about to deliver, a quarrel between them ensured and dragged on, but then just as quickly the matter was silenced. Although the matter was later confirmed by the court, no explanation was given. In any case, the land disputes in question have once again shifted the focus squarely on the Land Titles Registration Act 2008 that the government had successfully forced down this country’s throat, and with it came what is known as the Torrens system of land registration, which effectively makes lawful the lease and sale of all customary land in this country. In fact, a case study that looked at the possible effects of the Torrens system in Samoa’s Land and Titles Registration Act 2008 points out that “the operation of Torrens system, in this regard, could permanently deprive customary land owners of their land.” It says: “The Act might be an attempt to keep land re-sold by the government as customary land. However, the Act is very general, and the attempt can only be implied. The government still enjoys the power to take land and convert it into freehold land.” And then the study then makes its 32

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Land’s end View of the Samoan government buildings in Apia. telling conclusion: “… the application of the Torrens system to customary land is detrimental and unnecessary,” it says, “the drafting of the LTRA 2008 is confusing, and the effect of the registration of title could be more far reaching than has been expected.” Interestingly enough though, the study’s warning echoes clearly the concerns expressed by both the former Western Samoa Chief Justice, B. C. Spring, and Samoa’s second Prime Minister, Tupua Tamasese Lealofi IV, when they addressed this country’s Land and Titles Court on separate occasions, back in the 1970s. B. C. Spring wrote: “In presenting this article, it was thought that it may be of interest to other nations in the South Pacific to know something of the Land and Titles Court, and the system of land tenure in this country. It should be stated at the outset that the Land and Titles is a most important court, if not, the most important court of the Independent State of Western Samoa.” He went on to say that at the opening of the Additional Land and Titles Court at Savaii in 1970, “the Hon. Prime

Minister, Tupua Tamasese Lealofi IV, in comparing the Criminal Courts and the Land and Cities Court, pointed out: ‘The respective roles and functions of the two courts are different. One is for the maintenance of law and order, the other is for the protection of rights to customary lands and titles – the two basic and fundamental things which form the very core of our Samoan society. The decisions of the Criminal Courts will affect only those accused, whereas the decisions of the Land and Titles Court have far reaching effect, for they are binding even on the unborn generations.’” Tupua also said: “It is hoped that this article will arouse interest in the Land and Titles Court, if, for no reason other than its scenting complexity.” He then reminded us that the Land and Titles Court has exclusive jurisdiction, in: (1) disputes between Samoans over Samoan customary land, (2) disputes over matai titles. He stressed: “It must be understood that the word ‘title’ refers to the personal or honorific matai title conferred upon individuals.” October 2012

DISPATCH

Samoa land tenure and law T here are three types of lands in Samoa: customary land, freehold land and public land. These three types of land each corresponds respectively to Native land, European Land and Crown land under the New Zealand administration. Customary lands are lands that are held “in accordance with Samoan custom and usage and with the law relating to Samoan custom and usage”. The meaning of “Samoan custom and usage” does not require holding from time immemorial or universal acceptance: it means the customs and usages of Samoa “accepted as being in force at the relevant time” and includes both those that are accepted by the people of Samoa in general and those that are “accepted as being in force in respect of a particular place or matter”. Freehold land was previously called “European land”, which meant “land held from the Crown for an estate in fee simple”. Although “fee simple” is a creation of the feudal system and Samoa never had a European style feudal system, s 268 of the Samoa Act 1921, using the words “land held from the Crown” in the definitions of the three types of land, indicated that New Zealand had asserted that all lands were vested in the Crown. Freehold titles were mostly acquired by the Europeans before the alienation of customary land was prohibited in 1889 by the Treaty of Berlin. The Land Titles Registration Act 2008 (LTRA) replaced the Land Registration Act 1992/1993 (LRA). The most apparent and fundamental change is the adoption of the Torrens system. One of the purposes of the LTRA 2008 is to establish “ownership of interest in land by registration”; the folio is conclusive evidence of title; and the estate of the registered proprietor is paramount. Also entailed in Torrens indefeasibility is compensation by the government to persons who suffer loss And this is something the judges of the Land and Titles Court should keep clearly in mind when they are in that courtroom, and later when they are deliberating on their rulings. They are there to decide on matters pertaining to the ownership of customary land or of “personal or honorific matai title(s) (only by inheritance, and not by any other means).” They should not at any time think triflingly of Tupua’s word of advice that “customary lands and (matai) titles (are) the two basic and fundamental things which form the very core of our Samoan society,” nor cast even a shred of doubt on his reminder that “… the decisions of the Land and Titles Court have far reaching effect, for they are binding even on the unborn generations.” In other words, the judges of the Lands and Titles Court should insist on carrying out the core role for which that court was established, which is the “protection” of the Samoan people’s rights to their customary lands and titles. Sadly for this country though, it apOctober 2012

or damage as a result of the operation of the Act, in contrast to the LRA 1992/1993 which specified that the Government was not liable for any loss or damage caused by the act, omission or default of the Registrar or the Registrar’s subordinates. There are two mechanisms to bring lands under the registration system. The first one is by the conversion of the previous register to the new register. Upon the commencement of the LTRA 2008, all lands registered in the Land Register under the LRA 1992/1993 are deemed to be registered under the LTRA 20008 as qualified title land. The second mechanism is the registration of new transactions after the commencement of the LTRA 2008. Section 9(1) of the LTRA 2008 states that the Registrar must register any land that “becomes public land, freehold land, or customary land leased or licensed under the provisions of the Alienation of the Customary Land Act 1965” after the commencement of the Act. Section 9(2) states that the Registrar may also register “customary land in respect of which judgment has been made by the Land and Titles Court”, for which the Land and Titles Act 1981 requires registration. Compared to the LRA 1992/1993, the LTRA 2008 makes the registration of customary land leases and licences compulsory, and expressly includes the registration of adjudicated customary land. The government emphasises that the LTRA 2008 “continues present law allowing the registration of customary land [where leases or judgments are concerned]”. However, the LTRA 2008 as a whole has far reaching effects on R land tenure, especially customary land tenure. n Extracted from Ruiping Ye ‘s case study on Samoa’s Land Titles Registration Act 2008 and its effect on land tenure. To download the full version of the study visit http://tiny.cc/samoalandstudy (PDF).

pears that that role is being ignored most of the time. Instead, while they’re fooling around in there the people of this country who are being made victims by the dubious rulings they’re making are suffering in silence. And since appeal petition after appeal petition after appeal petition must follow as unavoidable consequences, the suffering just drags on for years. And as it is doing so many just fold up and die even before their petitions will have been settled. This is what we’re thinking anyway. And we’re saying all these things because whereas the government has made it legal for customary lands to be sold so that “unborn generations” are faced with the terrible threat of being made homeless in their own country, the Land and Titles Court – with its barefaced, corrupt rulings – is continuing to make it possible for matai titles to be robbed by others who do not have even a speck of blood right to them. It is pure madness. And it must end. A massive cleanup is in order in there.

There must be a reason those who are making the rulings that are causing so many people in this country to grieve in silence, are so blind that they are unable to see the difference between the words “honesty” and “dishonesty.” They should be able to remember the ruling they made last year so that it should be consistent with the one they’re about to deliver this afternoon. And perhaps in the morning, before they go to work, they should look in the mirror to make sure the blemish left on the face from yesterday is no longer there. And so we repeat. It is pure madness in there. And it must end. But don’t R speak. I didn’t say a word. n Savea Sano Malifa is an award-winning, journalist, poet, newspaper editor, and publisher. He is the founder and editor-in-chief of the Samoa Observer, the main newspaper in Samoa, where this article first appeared as an editorial. republikamagazine.com | Repúblika |

MEDIA

No self-censorship? Look again By ALEX PERROTTET Pacific Media Watch

alexperro@gmail.com

f robust debate is lacking in the Fiji media, there was certainly plenty of it at the media and democracy symposium hosted at the University of the South Pacific in September. In the aftermath, award-winning Communications Fiji Limited news director Vijay Narayan criticised conference organiser Dr Marc Edge, head of the USP journalism school, for asserting there is a practice of self-censorship in Fiji media – without providing proof from a specific study. Narayan and fellow reporters opened their FijiVillage.com website article on 11 September with: “Everyone who is commenting on claims that there is widespread self-censorship in the country are making comments without any proper surveys conducted with journalists and media outlets.” Indeed, Narayan was one of those vocal journalists at the conference, held from 6-8 September at USP’s Laucala campus, who defended the Fiji media’s performance. Self-censorship claim But lawyer and outspoken regime critic Richard Naidu, also a former award-winning journalist, told Narayan at the symposium: “To suggest that the media is not operating under a set of self-censorship rules means that one of us is on the wrong planet.” Narayan had said no one from his organisation was threatened or taken to the barracks. He said that since the lifting of the Public Emergency Regulations in January (which included strict censorship), his media organisation had not consulted the Ministry of Information before publishing. “We have never called them [Min34

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istry of Information] after the PER was lifted because we are comfortable about our decisions. We have never been taken to the camp, we have never appeared before the media tribunal,” he said, adding that “some people want to be heroes”. He added that people like Naidu had not been in a newsroom and didn’t know what it was like. Naidu retorted: “I worked in a newsroom – you can’t tell me I don’t know. If your organisation hasn’t gone to court I don’t think it’s doing its job. “That’s why most media organisations have lawyers.” Earlier in the panel discussion, representatives from the Fiji Sun and Fiji TV had told their stories of operating under censorship, before the lifting of the PER. Before lifting of PER Josua Tuwere, deputy editor of the Fiji Sun, said censorship had been a good thing for them. “It made us better journalists – we were forced to think about the repercussions of what we write,” he said. While Tuwere said censorship was “all civil, no one was threatened ever”, Fiji TV’s legal manager, Tanya Waqanika, had a different experience. “We had our fair share of detention, fair share of threats,” she said. She said Fiji TV operated under censorship by consulting with the Ministry of Information and obtaining prior permission for a story to avoid a backlash once it was broadcast. She said it involved the ministry disallowing vital stories such as one on the Sigatoka hospital running out of water. Issues remain And even though the PER has been lifted, and Fiji TV was operating under a “business as usual” approach, it still consulted the government this year before running an advertisement from a

client which featured brief footage of military men with guns. She also said journalists were still afraid, and apprehensive to ask the questions they would normally ask. “The journalists, they see the penalties. If you were in that situation, and there’s a court case currently against The Fiji Times, for any person, it freaks them out,” she said. “No one wants to be fined.” It resonates with Naidu’s claim it was of no impact that the decree had not been used against a journalist. He said the threat of the fines were penal enough – a journalist can be fined up to $50,000 without the right to appeal. (The media decree provides penalties of $100,000 for media organisations, $25,000 for publishers and editors and $1000 for individual journalists). Naidu described the six-month extension of Fiji TV’s licence “more like a good behaviour bond than a licence”, while Waqanika said: “We just have to play it safe” and “we have to make a business decision”. Now Narayan might be able to defend CFL and its website FijiVillage, and he is correct in his assertion that there has been no specific study on FijiVillage’s reporting, but perhaps he was ignoring the elephant in the room after hearing from Tuwere and Waqanika. Evidence is in His organisation published an update on 12 September on the self-censorship debate. Narayan and fellow journalists Dhanjay Deo and Sarah Vamarasi claim there is no self-censorship, after checking with Fiji Times editor Fred Wesley and Fiji Sun publisher Peter Lomas, and their own editors. That is hardly an academic study. They also say Fiji TV says it will not comment. How they would have handled an honest answer may have been interesting. October 2012

This writer is undertaking a study into the print media in Fiji and other Pacific countries and there is extensive evidence that due to censorship, the print media in Fiji is suffering from selfcensorship, as they are not sure where the line will be drawn by the government. As Richard Naidu pointed out, the Media Industry Development Decree is full of subjective tests. “What is and who decides what is against public order? What is and who decides what is against the public interest?” he said, referring to the decree’s punishments of fines and jail terms for those that fail to pass the test. He also said the code of ethics enshrined in the decree was “cumbersome”: “It does not work as a law. A law is required to be precise and accurate. A code is a guideline, a set of practices. A code cannot be enforced as a law.” Drawing the line The Permanent Secretary for Information, Sharon Smith-Johns, to her credit, presented and sat through the whole two-day symposium, and was willing to be interviewed by any media or student journalist. She gave me a small insight into where the government’s line might be. She recognised it “would only be natural to have caution” for journalists coming out of censorship, but said: “Come out, there’s no need to be afraid”. “It’s like all of us – the laws are only there for when you or I break them. And the chances of you or me ever breaking the law, apart from a speeding ticket or fine, it’s never going to happen because we know how to behave because we know what’s right. “And so journalists know what’s right as well. “It’s always that small one per cent of people that want to push it to the limit, and that’s what it’s for. We want to be able to say: no, we want social harmony.” But certainly more than that one per cent feel intimidated. And what is it that the one per cent are prone to publish against “social harmony”? Smith-Johns said journalists need to “embrace what the next step is” but at least publicly, she hasn’t shone too bright a light on that area between the next step and the abyss should they step too far. October 2012

Half the story A 2010 cartoon by renowned New Zealand cartoonist Malcom Evans on censorship. Media ‘at fault’ She did say there must be caution: “We are very sensitive to the racial and religious issues here. And in the past, that’s always what has really got the media into trouble… “There’s been some hard stuff said in the media that you wouldn’t be allowed to run in the media anywhere in the world.” Tuwere from the Fiji Sun agreed. He said the media “were irresponsible in their reporting, especially on issues of race”. Perhaps if journalists steer clear of racial invective, which is the right thing to do anyway, they can get away with much more than they are currently attempting regarding analysis and criticism of the government. At the symposium, a former head of journalism at USP, Shailendra Singh, said it was certainly not a “cut and dried” issue as some would like to make out. “More cautious, more responsible and more circumspect, doesn’t mean self-censorship,” he said. Perhaps this is not only a time to be more circumspect, but more courageous. But that’s easy for me to say, writing from New Zealand. As an example, Smith-Johns referred to the recent accusations of self-censorship levelled at newspapers by Shamima Ali, coordinator of the Fiji Women’s Crisis Centre. Smith-Johns argued that when pub-

lishers did not run Ali’s advertisement they were not under any government directive and they made their own decision, probably based on readers’ tastes. ‘Let public decide’ She said there was a lot of “irrelevant” information in the release despite the fact the women’s groups had a lot of good things to say. “I would have preferred that ad to run because it was quite silly in a lot of ways and quite defendable from our point of view,” she said. “Let the public see what they are saying. I’m sure a small percentage of people would agree with them and a large percentage would disagree.” So Smith-Johns and the government are happy for the papers to run “silly” press releases, as people can make their own minds up. It seems, however, that they don’t trust people making their minds up about some other issues, hence the decree and its fines for those that “push it to the limit”. From what we saw at the media and democracy symposium – and the reporting of it in the press the next day – there are not a lot of limits being pushed. R n Alex Perrottet is contributing editor for Pacific Media Watch. He is a masters student at AUT University researching comparative journalism in three Pacific countries and was at the media and democracy conference in Fiji. He also has a law degree. This article was first posted on the PMW website. republikamagazine.com | Repúblika |

FIRST PUBLISHED ON THE COVER OF PACIFIC JOURNALISM REVIEW. COURTESY MALCOLM EVANS

MEDIA

TRIBUTE

Dick Smith The man whose ‘heart was bigger than his chest’ was a tourism pioneer in the country that became his home

By DIXON SEETO

hen I first met Dick many years ago and greeted him as “Mr Smith” he responded: “That’s my father’s name, please call me Dick”. That showed me immediately the humility and down-to-earth nature of this great man who has done so much for this country, the tourism industry and the various charities but who shied away from publicity and credit. In the media there have been glowing tributes by many leading citizens, some of whom are also icons in the tourism industry. In one of my visits to Dick at the CWM Hospital, he talked about an Australian TV programme called Catalyst. It then struck me that he was describing himself. Richard Sydney Smith was definitely a catalyst as he not only initiated projects and events but as a catalyst he ensured that these came to fruition and did good for all. The words mentor, pioneer, visionary, icon, philanthropist, developer, catalyst, capitalist, all aptly describe Dick. I know of other more colourful descriptions but will refrain on this occasion. Around these beautiful Islands in this wonderful part of Fiji, Dick has built a number of fine resorts including Musket Cove where he is buried, which 36

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have all become world famous and household names. He has also developed the yachting segment which has grown considerably over the years contributing to the development of various yachting events around Fiji. Dick was born in 1930 and came to Fiji in 1959 from Australia. In 1961 he started Stardust Cruises doing charter and day cruises in the Mamanucas. In 1966 he built and opened Castaway Resort which was Fiji’s first island resort. In 1969 he built and opened Plantation Island Resort. In 1976 he built and opened Musket Cove Island Resort. Dick loved Fiji so much that he became a Fiji citizen in 1972. A generous heart A lesser known part of Dick’s life is his generosity. People reckoned his heart was bigger than his chest. The Tui Lawa acknowledged this in his tribute to Dick saying that Dick assisted in building schools, providing scholarships, funding many projects which raised the standard of living for many people in the Malolo community. So respected was Dick and his family that they are regarded as part of the Tui Lawa’s family. Dick also donated land at Nabukavesi for a rugby club and field. He was also responsible for the police post at Wainidoi. Dick and his family assisted in the

opening of the Western Dialysis Clinic in Nadi which will assist many patients in the West as they will not have to travel all the way to Suva for treatment. He has also supported the development of art, fundraised for cancer, kidney disease and the Fiji Society for the Blind, amongst many other good deeds that he has done for benefit of others. Dick served on many organisations in the tourism and travel industry. These included chairman of the trustees for the Fiji Excellence in Tourism Awards; president and board member of the Fiji Hotel and Tourism Association; president and board member of the Mamanucas chapter of the Hotel and Tourism Association; chair and board member of the Fiji Visitors Bureau (now Tourism Fiji); founding member of the Fiji Tourism Council, amongst many others. The quiet achiever Despite Dick’s preference for quiet achievement and privacy, he was acknowledged by numerous awards for his immense contribution in many fields and mainly in the tourism industry. In 1991, he was awarded the Fiji Times Visionary Award. In 1997, he was awarded the lifetime achievement award in Fiji Excellence in Tourism Awards, the highest award in the industry. In 2007, he received special recognition award from the Society of Fiji Travel AssociOctober 2012

TRIBUTE

‘The head of the triad was none other than Dick Smith himself. He used to call the shots and we would do his beckoning.’

Respect all round Dick was highly regarded and respected by many people in Fiji and in particular his peers and colleagues in the October 2012

tourism industry. His staff loved him as their father and Margaret Thaggard who worked with Dick for 43 years expressed it perfectly when she said: “He was the most kind-hearted, generous person I

have to put up with the noise and practical jokes when Danny finds out Dick is there”. Dick will continue with his love of life in heaven with old friends. To conclude, Dick and I chatted a

SUPPLIED BY SMITH FAMILY

ates, which is the second largest tourism body in Fiji. In 2009, Dick was made a lifetime member of the Fiji Hotel and Tourism Association for long and dedicated service. In 2010, Dick was made an Officer of the Order of Fiji which is the highest national award in Fiji and I know that he was very proud of that achievement. He is certainly a beacon and benchmark for us to emulate some of his achievements and good deeds. Dick used to accuse us publicly of being part of a Chinese mafia that consisted of Tammie Tam, Patrick Wong, Michael Wong and I. But I have a secret to share with you today: actually the head of the triad was none other than Dick Smith himself. He used to call the shots and we would do his beckoning.

Gone fishing Richard Sydney Smith, fondly known as Dick, at one of his resorts

have ever met. Sometimes I used to tell him to stop giving things away for free but he would respond with his lifelong philosophy – the more you give, the more you get. (I wish I was around to collect). He was very down-to-earth and had time for everyone – tourists and staff alike. I will really miss him”. We can learn a lot from those comments and it epitomises Dick’s attitude to life. Dick is now in a better place with Dan Costello, Paddy Doyle, Roy Whitton, Peter Erbsleben and other colleagues and as Tony Whitton puts it “the angels will

fair bit and I regard him as a mentor. We laughed about me sometimes using the excuse that English was my second language and did not understand what was being said in some meetings. He would wink and say “I have taught you to be a cunning Chinaman”. Well Maestro, thank you for the lessons and the good R times and rest in peace. n Dixon Seeto is the president of the Fiji Hotel and Tourism Association. This is an edited version of the eulogy he delivered at Dick Smith’s funeral on 1 August. republikamagazine.com | Repúblika |

INDUSTRY

A bioeconomic approach to tuna licensing Tuna Talk with SAVE WAQAINABETE swaqainabete@gmail.com

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Malo Hosken/SPC

he inter-play of tuna biology and economics constitutes the foundation of tuna bioeconomics. In their own unique forms and assessments, these components address the vital issues of scientific and economic factors that all states, whether coastal or landlocked, and fishers will rely on, in the exploration and exploitation of tuna globally. The notion that fishery cannot run out has been proved wrong as the call for the introduction of conservation and management of fishery in our oceans is now considered a priority to prevent extinction. In an open-access entry, it is important to employ control measures where fishers are regulated in the exploitation and extraction of fishery, especially when the demand for consumption continues to increase with uncertainty to the restoration of stock levels. Tuna is a highly migratory species (HMS) under the Law of the Sea Convention (LOSC) Annex I (1) to (7) and it is certainly a “transnational species” that traverse through the high seas and exclusive economic zones (EEZ) of coastal states. Besides the implications to the articles of the LOSC that governs these ocean zones, the vulnerability of fishery to excessive exploitation for economic benefits by international fishers has been a concern to coastal states that are heavily dependent on them as their means of livelihood. Regional cooperation through establishment of appropriate regulating bodies initiated by the convention itself has provided the necessary support and technical advisory role to coastal states on stock levels and how best they can encounter optimum level of conserva-

Tracking tuna An SPC tagging vessel comes alongside a purse seine vessel to recover several tags found on fish caught the same day. Tagging is one of the key tools used by SPC to monitor tuna stocks.

tion and management. The Oceanic Fisheries Programme (OFP) of the Secretariat of the Pacific Community (SPC) plays the role of technical expertise provider to the Western Central Pacific Fishery Commission (WCPFC) in providing stock assessments, fishery statistics and other scientific work. The reality is coastal states face difficulties in keeping up with the technical aspects of fishery management, in particular the Pacific Island Countries (PIC). Stock assessments for tuna require estimates of biological parameters that describe population dynamics. And capturing statistical data during the assessment becomes possible after due process of growth from spawning through continued reproductive output. The study of the life cycle of tuna

species is becoming more complicated as attempts are being made in a collective effort at sub-regional and regional levels under policies that are passed through cooperation. Initiated by the UNCLOS III, such cooperation is seen as mandatory as regional bodies come together to produce a framework that will allow the sustainability of stocks through effective conservation and management models. In the mix is the utilisation and exploitation of such species for lucrative economic returns that is seen to be the key factor and interest of fishers. In the previous instalment of Tuna Talk, we looked at Article 56 of the LOSC which states that in the EEZ, fishing, including the utilisation and conservation of living resources is the domain of the coastal State. This is why each coastal October 2012

State takes a lot of care in deciding on how licenses and permits are being distributed and what type of formula to be used in considering the resources within its jurisdiction. In 2007 alone, a total of 1,080,000 tonnes were extracted from the Pacific Island Country’s EEZ (page 50, Marine Fishery Resource of the Pacific Islands, FAO Fisheries & Aquaculture Technical Paper 537- R Gillet). This is a massive extraction when we consider the numbers against the world requirement where it constitutes more than half of the world’s demand. The twin issues of biological concern and economic matters are pillars to such determination and a thorough analysis with assessment on these issues is required before a decision is made. This is where the bio-economic analysis becomes a prominent concern as the scientific data on fish stocks and the rate of exploitation by fishers is being analysed to give an optimum level of effort that is needed. The Regional Tuna Management and Development Strategy – 2009 to 2014 states that a significant proportion of tuna stocks are caught in the waters of the Pacific Islands Forum Fisheries Agency (FFA) members, which comprise the largest tuna fishery in the world. Through sustainable management, FFA members have a major opportunity to meet their fisheries development aspirations, thereby contributing to national goals under the Pacific Plan. In the geopolitical environment, FFA members have long contributed to the development of international initiatives to protect the marine environment and secure sovereign rights over fisheries resources. These efforts culminated in the entry into force on 19 June 2004 of the Convention on the Conservation and Management of HMS Stocks in the Western and Central Pacific Ocean. The Scientific Committee of the WCPFC, in its meeting in 2009 respondOctober 2012

WCPFC Handbook 2010

INDUSTRY

ed with three recommendations following submissions from presentations on stock assessment. Shelton Harley, the head of the Scientific Committee Stock Assessment Specialist Working Group, indicated that overfishing was occurring and the stock was simply overfished or soon to be, which led to its first recommendation to reduce fishing mortality by 30 per cent. John Hampton, OFP manager indicated that efforts fell well short of achieving its aim of reducing bigeye fishing mortality by 30 per cent from 2001-2004 average levels. On the yellowfin assessment, Adam Langley, OFP consultant concluded that overfishing was not occurring on the stock as a whole but concerns of high fishing impact on the western equatorial region which supplies 95 per cent of the catch. The Scientific Committee recommended that the fishing mortality of yellowfin in the region should not increase. These issues make up the bottom line that coastal states in the region should take up as the basis of its determination of the annual licensing cap (ALC). This is a regional cooperation effort put forth to assist domestic assessment of its exertion to ensure issues of conservation and management are being upheld in its administration. Fiji, like other PICs, who may have no data for local stocks has the responsibility to consider the regional data and valuable advice in the process of arriving at its final numbers as party to the LOSC. Fiji’s longline fishery is currently facing a drop in the total catch in 2008 – 11,514 tonnes, 2009 – 10,800 tonnes and 2010 – 10, 264 tonnes (refer to graph). While hosts of reasons explain the cause, the impact on the final ALC is something that will be the core is-

sue. Article 61(2) of the LOSC demands that coastal states must ensure the best scientific data is to be used to employ proper conservation and management measures of its living resources. Coastal states should ensure to maintain and restore populations of harvested species at levels which will produce maximum sustainable yield (MSY). The MSY under population ecology and economics, is theoretically the largest catch or yield that can be taken from tuna stock over an indefinite period. Even though MSY has been specifically identified as the basis of this measure, it is not effective as it cause the collapse of some fishing areas globally. In looking at MSY, it is the fishing mortality rate that would, in theory, give the maximum sustainable yield from a particular stock year after year. It is the average or maximum catch that can be removed under existing environmental conditions over time without causing stock depletion, assuming that removals and natural mortality are balanced by stable recruitment and growth. For Fiji, such data are useful in the determination of our ALC and while the process is ongoing looking at the final outcome, stakeholders must expect extreme results as the administrators have to employ actions that embrace regional cooperation and at the same time benefits our economy. There has been an increase in our ALC from 60 in 2011 to 70 in 2012. Will the numbers be reduced or increase? For the answer to this, we will have to R wait and see. n Save Waqainabete is senior partner with Wenna Economic Development Opportunities Consultants Fiji. republikamagazine.com | Repúblika |

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October 2012

salon Cultural stimulus for the curious mind

Editor | Rajan Sami

Spot the owl Artist Craig Marlow frequently champions local wildlife in his work, populating his highly-stylised paintings with creatures marine and avian. This 80cm x 100cm original “came out of my concern for the lack of interest by locals being paid to the protection of our endemic bird life,” he says. To purchase, contact the artist on +679.9069043 or craigfiji@yahoo.com October 2012

republikamagazine.com | Repúblika |

salon

1 2

ALL IMAGES AIR PACIFIC

4 5

The Rebrand In Pictures (1) The first of the ‘Flying Ambassadors’ is slated

to arrive in early 2013 (2) Makereta Matemosi, the artist behind the traditional motifs (3) The original Fiji Airways (4) Invitations to the Fiji Day unveiling came as boarding passes (5) Masi Kesa appears on the interiors and exteriors of the new Airbus A330s.

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Fiji Airways Reboot On October 10, Air Pacific corralled some 400 VIP guests into Village 6 cinemas in Suva for cocktails and its big unveil. Next year, the airline reverts to its original 1951 name of Fiji Airways and takes delivery of three spanking new Airbus planes. Lami-based masi artist Makereta Matemosi was tapped to come up with the traditional motifs, which Sydney-based FutureBrand has updated for the 21st century and slapped onto the planes’ tails and interiors. CEO Dave Pflieger said the decision to rebrand comes as part of an overhaul to turn the once-ailing airline around and research showed that “the majority of the travelling public does not associate the name ‘Air Pacific’ with Fiji. Internet searches for ‘Air Pacific’ do not lead to Fiji” and “Air Pacific” does not differentiate our national airline from other airlines... or even, believe it or not, from an air conditioning company in China,” he said. “To honour our new name, we also knew we needed a new look – an authentic look – a look that would distinguish us in the skies as well as in the world’s busiest international airports. A look that was distinctly Fijian: respectful of our past, excited about our future.” n RAJAN SAMI

October 2012

salon

LOOKING BACK The Way We Wore The year was

Tiki Togs Fiji Ltd

1979 and Sue Walker (far right) was 20 when this photograph, for a Tiki Togs advertising campaign, was taken at the then Suva Travelodge. She and the girl on the far left were chosen from a lineup of new faces, who had only just made their modelling debuts weeks earlier at a much talked about fashion show for Elle, a new clothing store on MacArthur St that brought in Parisian fashions. The minimal, two-piece bikinis of the 70s also made their Fiji debut at the show, which most of the new models refused to wear. Walker wasn’t given much of a choice – her cousin, the late Ken Wendt had put the show together at the (now long defunct) Isa Lei Hotel in Lami. “I was pretty shy in those days,” she says. “It was a horrific experience”. The show broke the mould on two more fronts: it was the first in Fiji to feature dancers as well as a single, bare-chested model sporting a sheer black blouse (as was de rigueur abroad). Tanya Whiteside (who had won Miss Hibiscus the year before) art directed the subsequent photo shoot for her family’s fashion brand, which appeared in Fiji Beach Press, the weekly tourist rag of the time. Her mother, Tiki Togs founder Cherie Whiteside kept a watchful eye over the proceedings. “I don’t think we were paid anything,” says Walker, now an advertising executive in Suva. “Tiki Togs was already an established brand by then so it was like they were doing you a favour.” n RS

WE LIKE Soaps from Savusavu Father and son duo Ron Simpson Snr and Jnr

October 2012

RAJAN SAMI

are behind Kula Palms, a new skincare line that’s made by hand on their family’s copra estate in Savusavu using virgin coconut oil and a host of other ingredients usually found in traditional Fijian medicine. The most intriguing ingredient by far is the activated coconut charcoal (dry coconut shells fired at high heat to produce a fine powder) that’s used in the line’s unscented charcoal soaps. Simpson Jnr, a marine scientist by training, stumbled across the use of bamboo charcoal in Japanese body rituals while conducting research for the line. Activated charcoal is purported to have a wide range of beauty and health benefits, including the removal of excess oil, sebum and toxins from the skin’s surface without drying it out, he says. Available at Caffee One, Tappoo City and Bula-Art Boutique on Ellery St in Suva. www.facebook.com/KulaPalms n RS republikamagazine.com | Repúblika |

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thelastword Comment is free*

By JONE VAKALALABURE

t’s been the talk of the town for the diplomatically-minded amongst us: Fiji establishing ties with North Korea and Iran. Why would Fiji establish relations with two nations that have poor human rights record? Why get into bed with two states deemed by most democratic nations as “rogue states”? In this article, I explore what Fiji’s links with North Korea means to us. North Korea is synonymous with its track record of gross violations of human rights principles and its attempts to manufacture nuclear weapons which is of great concern by many bigger nations and the United Nations. In April, the North Korean constitution was revised to describe the country as a “nuclear-armed nation.” North Korea has a songun, or “military first” policy, which has been the basis of some Fijians’ and neighbouring nations’ disapproval of this new relationship. To understand Fiji’s interests in the new relationship with North Korea we need to first understand the relationships between the US, South Korea, Japan, China, North Korea and Russia. There are other complex relationships in this equation but for the sake of this article I will just stick to these six states, known as those involved in the so-called six-party talks. The US has no diplomatic ties with North Korea, but has an engagement policy of “strategic patience” with it. On the other hand, the US has a very close bilateral relationship with South Korea and Japan. South Korea and Japan are more aligned to the US than to North Korea. This is due to the historical influence the US ideologies and military relationship has had on the domestic and foreign policy of these two countries. Both Japan and South Korea have a long history of disagreements with North Korea. Thus the US has an obligation to protect their two allies from any threat of military attack from North Korea. North Korea has for a long time depended on China for economic aid and 46

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diplomatic survival and it’s no secret China has a soft, sometimes strangemix policy towards North Korea. This is largely due its historical communism ideologies it once shared with North Korea and Russia. There is also no doubt that Russia at all cost will protect North Korea’s interest and there are suspicions that North Korea is supplying nuclear arms to both China and Russia. It would be unfair to say that China has not tried to have a positive impact on North Korea. Over the years, China has found it difficult to influence North Korea and despite several attempts to sway North Korea’s foreign and domestic policy, it has often found itself in very difficult, sometimes, tense circumstances politically and economically. While China is focusing on its own economic development, it favours the maintenance of regional stability over all other concerns, particularly in the Korean peninsula. Many Chinese leaders also see strategic value in having North Korea as a “buffer” between it and the democratic, US-allied South KoreaJapan. It may very well be noted that like the US, Australia and New Zealand have no diplomatic relations with either North Korea or Iran. Australia and New Zealand will take a moral and strategic stand similar to the US, noting that Australia and New Zealand could not influence North Korea as opposed to what the US is capable of doing. Fiji would not even think of playing politics with the way the big influential states are handling the volatile issues with North Korea to try soften its foreign policy or improve its domestic welfare. So what then is Fiji’s other interest in North Korea and Iran? Firstly, the Fijian government’s objective to be vigorously engaged with the international community as it has joined the Non-Aligned Movement and has a “look north” policy. Fiji has a policy of non-interference, territorial integrity and respect of national sovereignty. Fiji has probably adopted Indonesia’s foreign policy of “we have a million friends and no enemy”. In that regard, I do not envisage any active trade relations between Fiji and North Korea in the near

future, but cannot rule out any opportunity for military exchanges soon. Secondly, Fiji’s policy-makers and bureaucrats have an important lesson to learn from North Korea on how it is managing its political and security issues. North Korea, as troublesome and poverty-stricken as it is, has proven skilful at exploiting divisions among the other five parties and taking advantage of political transitions in these nations to stall and call the shots at the six-party negotiating process. Fiji is capable of exerting its influence in this region with its “new power identity” as an integral member of the Melanesia Spearhead Group and its newly established secretariat. Some have predicted that it could over time become as forceful and influential, if not more, than the Pacific Islands Forum. Thirdly, and the most important given the circumstances, is the timing of the announcements of the diplomatic ties with Iran and North Korea in August. Some may call it purely coincidental but whatever it is, this is straight out “cut-throat strategy”. Fiji is once again demonstrating its regional capacity in the diplomatic chess game that it could behead anyone in the public square. The public square in this instance was the recent Pacific Islands Forum leaders meeting in the Cook Islands. Another issue of interest is why Commodore Esala Teleni, our ambassador in China, is the better choice to be Fiji’s envoy to North Korea when we have a more experienced diplomat in Japan and one other in South Korea? There are two main geopolitical reasons: South Korea and Japan are friends of the US and China is an ally of North Korea. So, the North Korean border is wide open to a diplomatic person based in Beijing than to one in Seoul or Tokyo. Teleni has a military background and he has a better understanding of North Korea’s “military first policy” as compared to Filimone Kau and Isikeli Mataitoga. R n Jone Vakalalabure is a student at La Trobe University in Melbourne pursuing a master’s in international relations. These views are his own. October 2012

*But facts are sacred. ~ CP Scott

What’s behind Fiji’s North Korea ties

THE UNCOMPLICATED TRUTH ABOUT BEING

FIJIAN.

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