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Statement by Dr. Tupeni Baba to the Forum Island Countruy leaders, 27 october 2000
Your Excellencies, you are no doubt aware of developments in Fiji following the
armed takeover of the Parliament on May the 19th.
The Forum Secretariat would have also informed you about its possible
engagement in helping resolve the crisis in Fiji. I have outlined below issues
that are relevant to the formulation of the Forum strategy to respond to the
crisis in Fiji, and to the formulation of the longer term strategy and capacity
to respond to such crisis in our region.
1:0 Road Map for the
Return to Democracy In
my recent discussions with the Secretary General of the Forum, I have outlined
the People's Coalitions' deeply considered road-map for a conciliatory,
principled and speedy return to constitutional government and democracy in Fiji.
This road map would comprise of the following:
(i)
The
setting up of a high-level international mediation team comprising high-level
special envoys from the Forum, EU-ACP, the Commonwealth, and possibly the United
Nations.
(ii)
Through
mediation, solicit the agreement and support of the President of Fiji, the
Commander of the Fiji Military Forces and Interim Prime Minister Qarase for the
full reinstatement of the 1997 Constitution.
(iii)
Through
international mediation and supervision, establish and support the operation of
a broad based and inclusive Government of National Unity under the provisions of
the 1997 Constitution, comprising all the major political parties as well as
appointed representatives of the Council of chiefs via the Senate.
(iv)
Through
international mediation, initiate a cross party and broadly inclusive process of
dialogue and consensus building to deal with underlying issues of the Fiji
crisis and recommend any constitutional amendments and policy proposals,
(especially with respect to matters that appear to be of special concern to
indigenous Fijians).
(v)
Through
international supervision, support inquiries into the involvement of public
officials including elements within the security forces in criminal
destablisation, hostage taking, and the armed overthrow of the People’s
Coalition Government and human rights abuse.
(vi)
After
(iii) and (iv) have been substantially addressed, convene fresh general
elections that are open to independent monitoring.
We are hopeful that the Heads of Governments' of the Forum will accept this well
considered road map for a speedy return to constitutional government and
democracy, and request that the Heads of Government Meeting of the Forum to
formally endorse this formulation for a return to democracy and
constitutionality.
Contrary to the views of the Interim Administration, this road map has
widespread support within Fiji, including the majority of the members of the
house of representatives, the senate, a widest cross section of civil society
including the Fiji National Council of Women, Fiji Employers Federation, the
Fiji Trades Union Congress, religious and community groups and leading members
of the Council of Chiefs.
2:0 Continued Breaches of International Standards
You are no doubt aware of the gravity and magnitude of the violation of the core
elements of the Charter of the United Nations and other international charters
on civil, political rights, non-discrimination, good governance and the rule of
law, including our own Autataki Declaration. In spite of the claims by the
interim administration, these violations have continued under the reign of the
interim administration.
Such violations include:
o
The
continuing interference by the Chief Justice of Fiji in the judicial system
designed at both frustrating the legal challenges to the validity of some of the
developments since May 19th takeover of parliament and to erect other
impediments to the prosecution of terrorists and others involved in unlawful
activities associated with the overthrow of the constitutional and democratic
government.
o
The
continuing efforts on part of the elements in the judiciary, and several
Ministers in the Interim Administration to frustrate the investigations into the
involvement of senior public officials in the armed overthrow of the People’s
Coalition Government. This includes frustrating investigations into the
Commissioner of Police, senior ministers in the Interim Administration and
senior public servants.
o
Intensified
racial discrimination in the public service made possible through the dismissal
of the independent Public Service Commission and its replacement by a Commission
comprised of members sympathetic to the Interim Administration.
o
The
suspension of a modest grant of $28,000 compensation for those families whose
farm leases were not extended and who had no other means of income generation
leading to a serious increase in the numbers of internally displaced families
which has now reached some 1500.
o
Continued violence, although on the lower scale, in local communities
made possible by the release of people persons charged and convicted of
terrorism and violence in the aftermath of the May 19th takeover and their
subsequent return to their communities. Even more worryingly, many individuals
involved in the violence have been recruited as Special Constables in the Police
Forces following their release.
o
Continued
threats and serious intimidation by elements within the security forces,
ministers in the Interim Government and criminal elements recruited to support
them, to those supporting the restoration of democracy in Fiji.
3:0
Constitution Review Process
The Interim Administration has put in place a constitution review process. The
Constitution Review Team It is headed by the principal architect of Fiji's 1990
Constitution - a constitution that was almost universally rejected including by
the South Pacific Forum. It also includes 4 people who were very closely
involved in the criminal destablisation and armed take-over of the People’s
Coalition Government. It also has four members of the Indo-Fijian community who
have been rejected by the whole spectrum of Indo-Fijian community organisations.
The terms of reference for the Constitution Review Committee are explicitly
framed to ensure indigenous Fijian supremacy and entrench racialist system of
representation at all levels of the political system. It is not coincidental
therefore that a majority of the 11 members of the review commission have a
demonstrated committed to the idea the constitutional entrenchment of indigenous
Fijian supremacy through the exclusion of other communities.
The review process has no legitimacy or credibility therefore. At the end of the
review process, any new constitution will have to be imposed through a decree by
the President, on the approval of an un-elected interim administration.
A large cross section of Fiji society, including major political parties such as
the Fiji Labour Party, the Party of National Unity, the dominant grouping within
the Fijian Association Party, the National Federation Party and others will not
have anything to do with such a farcical constitution review process. The main
Indo-Fijian and other community organisations have indicated that they do not
support and will not participate in such a flawed process of constitution
making. The rejection of any new constitution emanating from such a flawed
process by the widest cross section of Fiji society is a foregone conclusion.
4:0 Forum Mechanism
The road map we have outlined provides a legitimate and inclusive process for
dealing with constitutional change. We recognise that securing a national
consensus will be difficult. That is why we stress the need for high level
international mediation in which the Forum can play a pivotal role.
The People's Coalition welcomes the initiative by the Forum to develop a
credible mechanism and institutional capacity for resolving conflicts. This is
arising from the recent Forum Island Foreign Ministers meeting in Samoa.
However, until such time as the institutional capacity and mechanisms are well
established, the Forum in our view needs to work cooperatively with
international agencies like the European Union and the Commonwealth in aiding
the resolution of the crisis in Fiji.
Given that the Forum has indicated its willingness to develop its institutional
capacities in this area, we request that the Forum:
(i)
nominate
a high level Forum envoy to join an international team of mediators to assist in
the resolution of the crisis in Fiji
(ii)
and assist in the setting up of an international mediation team.
5:0 Forum's Engagement with the Fiji Crisis
We have indicated in our earlier contacts with the Forum that it will need to
decisively engage itself with the crisis in Fiji. To do so in an effective and
principled manner would require:
othat the Heads of the Forum collectively remind interim authorities in Fiji of
the need for international mediation team that includes a high level Forum
envoy.
oDemonstrate through a resolution, the Forum Leaders rejection of criminal
destablisation and armed overthrow of the constitutional and democratic
government, in Fiji, hostage taking, institutionalised racial discrimination and
continued human rights abuse.
oIndicate to the Interim Administration that the Forum requires of its a firm
commitment to accept international mediation and pave the way for the speedy
establishment of a constitutional government in the form of a broadly based and
inclusive Government of National Unity.
All
the preconditions for a speedy return to democracy now exist in Fiji. Most of
the key people involved in the destablisation and overthrow of constitutional
government have now been arrested. Given the improved law and order situation, a
government of national unity can be put in place by the end of the year. In
fact, given the opposition by the interim administration to the idea of a
government of national unity, the main stumbling block to the restoration of
democracy is the interim administration itself. There is a strong view within
the Interim Administration that Fiji can get away with an armed overthrow of
government, and impose a new constitutional order that entrenches the idea of
racial supremacy to sustain institutionalized racial discrimination for a second
time. Our whole region will be poorer if this were to allowed to occur for a
second time. Institutionalised
racial dominance foremostly harms the community that imposes such a
constitutional political order. Indigenous rights are more than adequately
protected in our 1997 Constitution. Indeed the system of voting ensures that
indigenous Fijians will always numerically dominate the house of
representatives. But this can be ensured through other voting systems as well
and we are open to discussions on this. Special protective clauses firmly
protect the special interests and rights of indigenous people. Not much more can
be achieved through this. But
the problems that we have seen, in our view arise from the difficulties faced by
nations like ours as we confront the challenge of globalisation. There will
always be a need for social policies that attempt to reduce the vulnerabilities
of indigenous communities associated with globalisation. To do so will require a
consensus between leaders of all political parties and communities about an
active policy framework - one that can respond to and mitigate these
vulnerabilities. Herein lie the solutions to Fiji's crisis - not in
constitutional re-engineering. But the development of such a policy framework
must be inclusive, well researched and have the prior consensus of the key
political parties and the ethnic communities in Fiji. A high level group of
special envoys might be able to assist in commencing dialogue on this subject. 6:0
Concluding Remarks We are hopeful that the Forum will encourage Fiji's Interim Administration to accept the road map for return to democracy identified above. The Interim Administration has neither credibility nor legitimacy to impose a new constitutional order through such a farcical constitutional review process. The acceptance by the Forum of the road-map advanced by the People's Coalition would also be consistent with the approach taken by the Commonwealth Ministerial Action Group recently, and would lay the basis for a more cohesive engagement by the Forum, the Commonwealth and other international agencies. I
hope this statement clarifies the approach that the People's Coalition is
requesting the Heads of Governments of the Forum to take in assisting the
resolution of the crisis in Fiji.
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People's Coalition Government - Fiji Islands |