Whither the charter?

from w
Fiji Times and Fijilive have been quick off the mark to announce an important court decision today. Sobosobo Lorini and co, you owe me a good dinner of fish in lolo with the trimmings!
from Fijilive:

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Fiji High Court stops Charter work
14/11/2008
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The Fiji High Court has ordered the interim Government to stop all work on the draft People’s Charter for Change, Peace and Progress. The order was handed down by High Court judge Justice Filimoni Jitoko after midday today.

Justice Jitoko ordered that the interim Government stop “promulgating any law, decree order or doing or recommending anything whatsoever to alter or amend the 1997 Constitution or anything whatsoever, including changes to the electoral system that are contrary to or inconsistent with current provisions of the Constitution until the final determination of this matter”.

As well, the interim Government has been ordered to stop distributing articles, leaflets, forms and announcements, advertisements and publication on radio, television, newspapers and any other form of media to secure support for the document.

Other orders stop the interim Government from convening public meetings to promote the Charter and restrain the interim Government from using civil servants and government facilities to promote the Charter.

The final order stops the interim Government or its representatives from appropriating and paying any public funds to the National Council for Building a Better Fiji – the body charged with drawing up the Charter.

The case was brought to court by Soqosoqo Duavata ni Lewenivanua leader, deposed Prime Minister Laisenia Qarase.

The proceedings have now been adjourned to 10am next Tuesday for directions on the hearing of the plaintiffs’ originating summons.

Qarase and the SDL are plaintiffs in the case and Justice Jitoko has ordered that court costs of $1200 be paid to them.

and from Fiji Times
High Court order against State
Friday, November 14, 2008

Update: 2:12PM The High Court in Suva today passed five orders that will stop further work on the draft Peoples Charter and the interim government from promulgating any law.

The five orders by the High Court judge Justice Filimone Jitoko are:

Firstly, that the interim government of itself or by and through the defendant their agents and/or their representatives restrained from promulgating any law, decree order, or doing or recommending anything whatsoever to alter or amend the 1997 Constitution of the Republic of Fiji, that are contrary or inconsistent with the current provision of the Constitution until the final determination of this matter.

Secondly, that the interim government of itself or by and through the defendants their agents and/or their representatives restrained from distributing articles, leaflets, forms and through announcements, advertisements and publication on radio, television, newspaper and any form of media for the purpose of securing public support for changes to the 1997 Constitution of the Republic of Fiji and/or supporting and promoting the Peoples Charter until the final determination of this action.

Third order, that the interim government of itself or by and through the defendants their agents and/or their representatives restrained from conveying public meetings and gathering in any part of the country or any form of meeting whatsoever to promote and obtain support for the amendment of 1997 Constitution of the Republic of Fiji and the Peoples Charter generally until the final determination of this action.

Forth order passed, that the interim government of itself or by and through the defendants their agents and/or their representatives restrained from engaging and utilising civil servants and government machinery including vehicles, personnel, building, office equipments etc to promote and obtain support for the amendments of the 1997 Constitution of the Republic of Fiji and the Peoples Charter general until the final determination of this action.

The last order by the High Court, that the interim government of itself or by and through the defendants their agents and/or their representatives restrained from appropriating and paying any public funds to the National Council for Building a Better Fiji (NCBBF), its agents and/or representatives until the final determination of this action.

The next court proceeding will be held next Tuesday for the judges direction on the hearing of the complainants originating summons.

The defendants in this matter are President Ratu Josefa Iloilovatu, interim Prime Minister Commodore Voreqe Bainimarama, interim Attorney General Mr Aiyaz Sayed-Khaiyum, Archbishop Petero Mataca and NCBBF's Mr John Samy.

(later: And six hours later, the reaction!)
from editorial of Fiji Sun:
A day of drama in the court
In what must be one of the fastest legal processes in Fiji's legal history, a ruling by a High Court judge halting the draft People's Charter process was stayed by an acting judge of the same court only hours after it was given. The ruling by Justice Filimone Jitoko delivered at 11am was stayed - that is halted - by Acting Justice John Byrne. Justice Jitoko had ruled in an action brought by ousted prime minister Laisenia Qarase and the Soqosoqo Duavata ni Lewenivanua Party seeking to have the People's Charter process declared illegal. Justice Jitoko ruled that the charter process should cease at once pending a final judgment in the case. Approximately five hours later Justice Jitoko's ruling was stayed by acting Justice Byrne on the application of the interim attorney general. According to Mr Qarase's and the SDL's legal team, they heard of the stay order only through the media. There is as yet no available written stay order, though the interim attorney's statement that such a verbal order exists cannot be doubted. Nevertheless, this is a massive setback for the interim government - whether the stay order is permanent or not. As has been repeatedly pointed out by this newspaper as well as other organisations and individuals, the charter cannot be implemented without amendments to the constitution which the interim government has consistently stated is the supreme law of the land. The status of the constitution was further confirmed in the High Court judgment that legitimised the coup. It was further cogently stated in yesterday's judgment by Justice Filimone Jitoko: the constitution can only be amended by an elected parliament. So where now for the draft People's Charter? The direction is at best unclear. The precise reasons for the stay order are not known. It is believed that acting Justice Byrne will give his reasons on Monday. Until then, the Jitoko judgment is without legal force. What, then, does it all mean for Fiji's return to democratic rule? At this early stage it is difficult to see how the conundrum of the constitution versus the charter can be resolved. Commodore Bainimarama's position - no charter, no election - seems highly unlikely to alter. At the same time the court's stayed injunction may yet gain the full force of law. That remains to be seen. These are difficult and highly uncertain times for Fiji - but ultimately the rule of law must prevail. The nation will now urgently await the final decision of the court on this vital matter. And in his judgment yesterday, Justice Jitoko acknowledged the fact of the national importance, urgency and intense public interest of this case. Of course it is vital to the interest of justice that all the parties will be heard and a fair judgment delivered. Similarly, the stay order can no doubt be challenged at law. But at the end of the day justice will be done and no matter the final outcome that's what we should all hope for and respect.

Charter for water

from w
Now who wouldn't want a nice new water tank in a village! Pic of water tank - not Mali but another island.
Nice one - gifts of fresh water tanks and people will sign on the dotted line. I Guess this is a tactic used all over the world.
from Fiji Village:
North Charter Consultation On Hold
Publish date/time: 28/10/2008 [12:01]

The consultation of the Draft People’s Charter process in the North will be put on hold and be rescheduled to the 3rd of next month. This was decided by a meeting chaired by the Commissioner Northern Colonel Inia Seruiratu yesterday allowing for the completion of some projects that needs to be cleared before the end of the year.

However, Press Secretary Northern Filipe Cula described the outcome of the consultation as being positive as people have decided for themselves what they think of the proposed Charter. Meanwhile, Cula added close to 200 islanders living on Mali Island just outside Malau, Labasa, are expected to receive 400,000 litres of fresh water by the end of November. The Government assisted the villagers of Ligaulevu, Vesi, Napoidi and Matailabasa with fresh water tanks which cost them $10,000. Cula said this should solve the water problems on the island of Mali.
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Meanwhile...
one of the eco-tourists participating in the Fijian lifestyle on Vorovoro Island has been looking at other ways of finding/retaining water on Vorovoro island (next to Mail Island and the same tribe)
He writes on the tribewanted website:
Water storage solution...
Community → Benjamin Katz's blog
By Benjamin Katz, Hawaii, USA
Posted 1 day ago
Water. The plants would be crying if they could spare the moisture to produce tears. Instead, they are just shriveling up. The plants, the garden, our food supply, is suffering because of the lack of water on the island. The problem is not that we don’t get enough rain. We get more than enough rain between the months of November and May. The problem is storage. Basically, we are wasting huge amounts during the rainy season. For this project to be successful, this problem needs to be fixed before the end of the upcoming rainy season.

A few days ago, Tevita, Leavi,and I sat down to determine how many calories we need to get out of the garden and how much space we will need to do it. The island has enough land with enough decent soil that if we can store an additional 40k liters of water, we should be able to produce all of our vegetables year round.

I did the necessary soil tests for the pond and discovered that the soil contains too much sand to hold any water. Without a plastic liner, this option is not possible.

We also looked into the plastic water tanks. The tanks themselves cost between $2500-$3000 for a 10k liter tank. Add to that the cost of shipping and the materials needed to build a base for them we estimate that to get the neccessary 40k liters we are looking at a cost of about $12,000-$13,000 fjd.

We quickly began looking for a more elegant solution. I am happy to report that We have found one.

It is, of course, the solution that was originally put forward by the Fijians at the beginning of this mad adventure.

For those of you who have been here during the rainy season, you will remember the joy of looking out at the ocean from beneath our beautiful waterfall. It is here that we have been told that we should look to find our water and we have finally found a way of doing it that makes it both cheaper than either of the other two options and will definitely cover all of our water needs.

Paul,Amy, Suzie, and I climbed up to the top of the waterfall this Sunday to survey the area and to measure the distance from there to the village. Above the falls is a natural ravine that during the rainy season fills with water and is what allows us to have a waterfall 24/7 for half the year. All we need to do is store this water. We had previously thought that piping any water from here would be cost prohibitive.

In steps Pupu to the rescue.

Using black polythene piping we can create a reliable and durable water storage area and pipe system for around $2000. Due to the fact that this area is already flooded half the year there are no large trees in the area. By creating a more permanent water basin we will increase the biodiversity and health of the ecosystem of the island so that any loss of vegetation will be quickly made up for by the added diversity that the stored water will allow. The cliff formations will enable us to do all of this without effecting the waterfall itself nor will the fruits of our activities be visible from the beach.

We would like to put this to a vote starting next week so If you have any further thoughts on this topic, now is the time to voice them.

http://www.tribewanted.com/forums/38/topics/1495

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And also: Serafina, Serafina, what are you thinking?
The Fiji Times journo in Labasa is picking on the Mali Island people for their toileting habits in an article today - Wednesday - oh dear, and the first time I ever saw those little bridges out on the sea with a little lean-to at the end, - Bau Island - I did not know what for? Mangroves are better actually. Serafina, your article is full of mistakes I reckon! Perhaps you are from Lomaiviti and havin' a go at the kai Labasa?
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and a comment in Fiji Times relating to Serafina's article. I am amazed that people will comment on such an unsavoury topic! This writer gets to the main problem of pollution at Malau - the sugar mill and the Fiji Forests timber mill!
Samunivalolo of United States says…
Agree with "Valataka na Dina" that Industrial pollution is by far the greatest threat to the marine ecosystems in this area. Unless the meagre population of Mali is producing huge ammounts of Human waste they should be discounted from this allegation. Thier toilets need to be fixed for thier own personal hygeine not because it is destroying the ecology of large swathes of reefs and waterways. This leaves us with the other two horrors, FSC will never admit that it is dumping at least 500 kilograms a day of sugar into the Qawa river via its return injection water. This is a fact in sugar production and that is why sugar mills in developed countries have self contained injection water cooling, recycling, and treatment plants that dont use water from natural waterways. When Sugar degrades in the river it uses up all the oxygen in the river water, produces that horrible smell and thats why all the fish are belly up and the crabs are scrambling onto land to breath. Tidal wash moves this blanket of death up and down the river until its all black and as concentration increases bigger tides cary it out to sea and viola, watch out coral reef. Worse still is the company sitting on reclaimed land right near the waters edge at Malau. The FFI mill has been there for decades bathing sawn timber in an arsenic based poison to termite proof our lumber, burning of offcuts right at the shoreline and buldozing contaminated soil out into the seashore to expand its log stacking yard. Can someone take drilled soil samples from the periphery of thier lumberyard and analyze this for arsenic, tanalith, caustic, diesel and heavy oil. The reefs around Mali and Vorovoro are dying a painfull death because of these two companies, not from the Mali crap. Peace, Out

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And a website about how a village in Rewa solved their problems.

fiji cartoon

from w
There are a few messages in this Fiji cartoon which I saw in a recent Fiji Times. Something about no longer using the 1 cent and 2 cent coins, about Suva's street beggars, and of course the distribution of a certain booklet. Reminds me of a song 'I cannot come to the banquet (meeting) so the servants are told to go out to the streets and lanes and invite all and sundry!

Charter Chatter in all the papers

from w
It's hard to get away from the media chatter about the 'charter' as the Methodist Church has come out firmly stating its position. Don't know the meaning of the photothough in today's Fiji Sun taken on the steps of Centenary Church!

August 26, 2008

From the Methodist Church in Fiji

The Methodist Church Conference has decided to reject the draft People’s charter on the ground that it cannot support a process and outcome that is not based on the rule of law, has no basis in the Constitution and where the enacting authority has no mandate from the people.

The Conference has decided instead to urge the interim government to honor the promise by interim Prime Minister Voreqe Bainimarama to hold a general election by March 2009.

“The Conference is very concerned of so much suffering and poverty and the Nation and people must not be subjected to any further hardships which could result from further sanctions by our neighbors and the international community” says the General Secretary Elect Rev Tuikilakila Waqairatu.

In its submission to the interim Prime Minister in June 2007, the Methodist Church had asked that the interim government put a stop to its intention to enact a charter.

Rev Waqairatu says “In their annual meetings last May, fifty of the fifty divisions of the Church Fiji-wide have indicated they do not support the charter. The Church’s decision to reject the charter proposal is based on such mandate.

“While the charter proposes some noble principles, the Conference is of the view that the interim government and the National Council for Building a Better Fiji do not have any moral or legal authority to impose it on the people.”

“The draft charter proposes to develop a moral vision for the common good. However, there are numerous historical examples of the failure of moral declarations to create a good society. The inquisition, the repressive laws of fundamentalist states and coups that persecute and terrorize the community in our times are part of historical evidence which confirm the inability of human law to enforce morality in any society. True justice and morality cannot be created by legislation and coercion. It can come only as the fruit of free moral choice. Declarations in the charter and laws that are written in statute books but not in the hearts of people are not worth the paper they are written on.”

“The Conference holds that it is in all our interest to support the rule of law; any attempt to impose and legitimize the charter outside the Constitution and by an authority which does not have the people’s mandate is morally unacceptable. It defies God’s authority because it lacks any legal basis; and it limits the free choice of the people to act according to their conscience”

With respect to proposals in the charter to de-racialise politics by removing communal seats, Rev Waqairatu says: “We believe that the most powerful influence that drive communal politics is not race, but the perception of racial economic inequality. So de-racialising politics in Fiji cannot be successful without first de-racialising the perception of economic inequality between our racial groups. Therefore, any insensitive reforms to merely decentralize political communal representation will not lead to unity, but could instead be a cause of future contention.”



Rev Waqairau added: “The Conference holds that in our multiracial, multicultural Nation, it would be to our own detriment if race based, constitutionally allowed affirmative action and communal-based electoral systems were dismantled contrary to the expressed will of the majority and contrary to the rule of law and the Constitution.”



Concerning the proposal for interfaith services and dialogue, Rev Waqairatu states: ”The Conference affirms the pivotal Christian belief that Jesus Christ is the only way to God and salvation. So while the Methodist Church supports peaceful dialogue and a harmonious community, it cannot support a document which, for the sake of political correctness, sacrifices the very essence of the Christian faith.

On the proposal for a common name for all the people, Rev Waqairatu says that the Conference was of the view that the term ‘Fijian’ quite clearly refers to indigenous people of Fiji as stipulated in our Constitution. “The term ‘Fijian’ refers to the legal ownership of land and other assets. It would be more responsible if the NCBBF had instead recommended for more frank and good faith negotiation with the Fijian community on the matter of a common name.”

The Charter and New Age religion

from w
The editorial in the Fiji Post yesterday had a look at one line in the 'charter' with reference to religion and it turns out that it's rather about New Age ideas about God so there is a contradiction already with the Constitution and freedom of belief. We can either take the writer as being very pernicky or as an observant person who sees the intrusion of New Age religion into the Charter which is rather odd.

A problem with the first dot-point14-Aug-2008

THE logic and language of the draft People’s Charter is not as clear-cut as it might be.

Take, for example, the opening section, ‘Foundation for the common good based on our shared values, vision and principles’. The third dot-point in this un-numbered list of ideals says this: ‘We recognise the freedom of our various communities to follow their beliefs as enshrined in our Constitution’.

This is most laudable and we understand the word ‘beliefs’ here to include religious beliefs. Yet the opening, first dot-point in this same list says this: ‘We believe in God as a higher power that is in every human and in all of nature and creation’.

Put in this order, there is no consistency here between being free to have divergent religious (and even no-religious) beliefs and the opening declaration of the draft charter which commits us all to not merely (1) believing in God, but (2) believing further and more specifically that God ‘is in every human and in all of nature and creation’.

Is God in all of nature and creation – and more importantly in what sense does the draft charter mean?

As it is, this so-called ‘foundation’ is a wonderful statement if one is a panentheist, but many in Fiji are not and unfortunately it violates a fundamental premiss of the Christian religion which rejects pantheism (all is God) and its more accepted variant, panentheism (God is in all), as characterised in the starting point of the People’s Charter.

That is to say, Christians do not and never have held to the idea that God is ‘in’ his creation in any material, or physico-spiritual, or metaphysical sense. When Christians say God is ‘in’ anyone or anything they may mean ‘in’ symbolically, metaphorically, and following the Biblical idea, they primarily mean God being ‘in’ a relationship as Creator and Redeemer with creation.

That is how Biblical references to God (and Christ and the Holy Spirit) being ‘in’ us and ‘in’ the world should be understood. The Jewish idea of God (whence derive our Christian ideas) never entailed a God who is in our genes. Or micro-organically pumping around in our bloodstream.

Christians do not subscribe to the Eastern (Hindu or Buddhist) idea that God is actually, physically in his creation like blood is in our toes. Neither is God ‘in’ us in the manner that our minds, for example, literally turn blue when we think of the colour ‘blue’. Nor is God in us in the sense that a ghost may be said to be in the machinery of matter.

The problem then is that a significant number of Christians in the nation will already be excluded from sharing the draft charter’s vision of a ‘common good’ if God, therefore, is ‘in’ us and ‘in all of nature and creation’ in the bald way stated in the first dot-point of the People’s Charter. For them, we are us and God is God.

For Christians, belief or faith ‘in’ God means entering into a relationship, a mystical union with God, but this in no way means our various beings are intermingled or mixed up like some digitised Hollywood special-effect.

A marriage between a man and a woman may similarly be described as a union of one ‘in’ the other, and as two ‘becoming one’, but this does not and never can mean the separate beings literally dissolving into the other in some corpuscular way. It is not co-literal singleness in the sense implied by being ‘in’ each other.

Perhaps with reference to these issues, the debate that must accompany the re-draft of the draft People’s Charter should clarify what it means by the word ‘in’ in its first dot-point. That way we can continue to work with the document and consent to the good it elsewhere expresses without getting tangled in its awkwardness or missing the value in what its deeper intent is.

[TOMORROW: The second dot-point]

Can a woman change her mind?

from w
I was surprised to read the following article in today's Fijiradio news. Why did Tui Labasa change her mind? After a few of the military men visited her and convinced her it would be prudent?
Charter less debatable for Tui LabasaThursday, March 27, 2008

The proposed People’s Charter for Change and Progress has seemingly become a less contentious issue for the district of Labasa after the Marama Na Tui Labasa Adi Salanieta Tuilomaloma changed her mind. Two weeks ago the 77 year old chief refused to support the Charter deciding to back the opposing views of a majority of her clan leaders. But a visit from the military, with the specific purpose of clarifying the charter changed the chief’s perspective.

She also commented on changing views of her clan leaders. “Well I think they have seen the light and they will come in with us. Its so hard to get them to come in but this one case I think, not I think, they are seriously thinking of joining in. Q: So as Tui Labasa you support the proposed Charter? Yes I do very much for Bainimarama and for the good of all.”

Military officers are expected to visit other districts within the province to clarify the charter.
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(added later: something also from the Labasa meeting)
Charter won’t replace Fiji’s Constitution
Thursday, March 27, 2008

Taken from / By: Fiji Broadcasting Corporation
The People Charter for Change and Progress will not replace Fiji’s Constitution says the Fiji Military Forces.

Captain Suliasi Gukimaleya of the army’s Civil Affairs Department explained this fact to clan leaders of Labasa who demanded to know if the proposed document would become the country’s supreme law.

Confused clan leaders strongly demanded answers from Captain Suliasi Gukimaleya and his team of soldiers who were part of the Bose Vanua of the district of Labasa on Tuesday.

“The question from district representative Ifereimi Rokomasa Talatu was ‘will the Charter abolish the Constitution?”

The answer from Captain Gukimaleya was ‘No it won’t! It will be inserted into the Constitution.

Captain Gukimaleya settled concerns about the viability of the Constitution when he said the Charter would be inserted in Chapter Two or the Compact Section of the Supreme Law, which will provide a guide for governments to come.

Further questions from the floor were related to the monitoring of the implementation of the charter’s goals.

Captain Gukimaleya explained the Charter was the military’s exit strategy in that after the Charter becomes part of the Constitution, the military will return to camp and won’t monitor the charter any more.

He says monitoring future government’s implementation of the vision of the charter would be the role of the National Council for Building a Better Fiji.