By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji’s ousted Prime Minister has reiterated that changes to Fiji’s Constitution will not be made while the interim government remains in power. This announcement follows the SDL party’s decision to appeal the High Court’s decision last week validating the 2006 coup.

Since last week’s judicial decision, the Soqosoqo Duavata ni Lewenivanua (SDL) party has strongly questioned the interim government’s motives. Meanwhile, interim Prime Minister, Commodore Frank Bainimarama, has clearly stated that the interim government’s focus will not necessarily be on the legality of its actions, but on whether the right results are produced.

Bainimarama claims the interim government will work to reestablish democracy, but ousted Prime Minister, Laisenia Qarase, is skeptical. As head of the SDL party, Qarase says that if the interim government creates any reforms before the new election, those reforms will be unconstitutional.

In response, Bainimarama says he will create a political forum by the end of October. Qarase is receptive and hopes that the forum will facilitate political discussion between the parties.

“We have never said that we would accept reforms before the election, that is our position now. What happens in the forum, that’s another issue. We would rather wait until we get into the forum and hear other people’s views. But strictly speaking, we believe that any change to the constitution must be made by an elected parliament. That’s our key position,” Qarase said.

For more information, please see:
Radio New Zealand International – SDL maintains it won’t accept changes to Fiji constitution before election – 15 October 2008

Radio New Zealand International – Qarase to go into Fiji political talks with open mind – 15 October 2008

By Hayley J. Campbell
Impunity Watch reporter, Oceania

SUVA, Fiji – A human rights group in Fiji is evaluating last week’s judicial ruling which validated the 2006 coup of Fiji’s Federal Government.

The ruling came after Fiji’s ousted prime minister, Laisenia Qarase, challenged the legality of the military takeover. A Fiji court, comprised of three judges, dismissed Mr. Qarase’s challenge and granted immunity to military leaders.

Fiji human rights commissioner, Shamima Ali, is now questioning the court’s independence. While Fiji’s interim government claims to be committed to reestablishing democracy, Ms. Ali is concerned that last week’s decision was anything but democratic.

“A lot of people expected this kind of result, because the people who sat on the bench have been appointed after December 2006, its independence can therefore be questioned. The political comments that have been made in the judgment are uncalled for and not the place of the presiding judge to make, particularly about immunity, because that’s going to perpetuate the coup cycle,” Ms. Ali said.

Ms. Ali believes that Fiji’s future rests in the balance if an appeal to the court’s decision is not made.

For more information, please see:
Radio New Zealand International – Fiji human rights commissioner questions court’s independence after coup verdict – 10 October 2008

The Age, Australia – Fiji High Court upholds 2006 coup – 09 October 2008

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji’s ousted prime minister is speaking out against the judicial decision made yesterday legitimizing the 2006 military coup of Fiji’s Federal Government.

Yesterday, a three judge court dismissed former prime minister, Laisenia Qarase’s request to have the 2006 military coup declared illegal. Mr. Qarase is now calling that decision a “miscarriage of justice.”

“It will encourage future coups. I think the impartiality of our judiciary is completely gone,” Mr. Qarase said. He added, “The judgement indicates that they (the judges) were selective in the evidence they used. . . Our case was about the legality of what happened. There was no mention of that at all.”

Meanwhile, Fiji’s interim attorney-general, Aiyaz Sayed-Khaiyum, is looking ahead, calling now for support to aid Fiji’s plans for new elections. Mr. Sayed-Khaiyum has also encouraged Fijians to unite under the common goal of restoring democracy to Fiji.

“I think the message to everybody … is that we need to move ahead with the government that is in place,” Mr. Sayed-Khaiyum said.

Professor Bill Hodge, a constitutional law expert from Auckland University, says that now that Fiji has declared the legitimacy of the 2006 coup, countries in opposition to that coup must now be prepared to recognize Fiji’s interim administration.

“I would think New Zealand, the United States, UK, will all come around and must come around to recognize a regime in Fiji,” Mr. Hodge said.

Mr. Qarase, on the other hand, says he will consult his lawyers and decide whether further action needs to be taken.

For more information, please see:
The Age, Australia – Ex-PM hits Fiji court ruling – 10 October 2008

Radio New Zealand International – Fiji interim regime urges cooperation now that coup has been declared legal – 09 October 2008

Radio Netherlands –  Fiji’s 2006 coup declared legal – 09 October 2008

ABC News – Bainimarama blocking Fiji elections, says Smith – 09 October 2008

TVNZ – Fijian court dismisses coup case – 09 October 2008

By Sarah E. Treptow

Impunity Watch Reporter, Oceania

SUVA, Fiji – Lawyer Rajendra Chaudhry said the interim Prime Minister of Fiji, Commodore Voreqe Bainimarama has been receiving the wrong advice from his associates and needs to hear the “bitter truth.”  Mr. Chaudhry said Bainimarama’s close associates are “political misfits,” including PM’s secretary Parmesh Chand, interim Attorney General Aiyaz Sayed-Khaiyum and People’s Charter lead advocate John Samy.

Mr. Chaudhry said the worst oversight has been not recalling Parliament to get out of the political impasse.  He highlighted this by saying, “Most importantly, the changes he is seeking requires major constitutional changes. How can that happen without a Parliament in place?” Bainimarama has previously said that before democratic elections can be returned to Fiji, these constitutional changes must take place.

Chaudhry believes Bainimarama’s various actions and inactions have breed uncertainty that has affected investments and jobs for the people of Fiji.  He suggests that Bainimarama get an independent group of advisors that will tell him what he needs to hear.

For more information, please see:

Fijilive – Fiji PM needs “bitter truth”: Chaudhry – 07 October 2008

Fiji TV – Chaudhry launches claims interim PM poorly advised – 29 September 2008