Foreign reaction to the Reconciliation, Tolerance, and Unity Bill (Fiji)
Encyclopedia
The controversial Reconciliation, Tolerance, and Unity Bill
being promoted by the Fijian government throughout 2005 has generated enormous debate, both locally and internationally
. The legislation aims to establish a Commission empowered to compensate victims and pardon perpetrators of the coup d'état
that deposed the elected government of Prime Minister Mahendra Chaudhry
in May 2000. Support for the legislation has come from Japan
, while New Zealand
has opposed it. Australia
, too, has expressed strong reservations about the legislation, but has also called on opponents of it, including the Military of Fiji
, to show greater moderation. Non-governmental organizations in a number of countries have taken positions, also.
to Fiji, accused the Qarase government of promoting the controversial Reconciliation and Unity Bill
for purely political purposes. The bill proposes the establishment of a Commission with the power (subject to presidential approval) to compensate victims and pardon perpetrators of the 2000 coup
. Most of those imprisoned for offenses related to the 2000 coup
, she told ABC Asia Pacific Focus, were members of the Conservative Alliance
, whose six seats in the House of Representatives
are crucial to maintaining the government's parliamentary majority.
She said that the attempt to legislate reconciliation was overly simplistic. "People have to make up for their misdeeds, apologies have to be accepted by those who are harmed, and the onus is really on those who have sinned, rather than the onus on those who have been sinned against," Boyd said.
She paid tribute to Commodore
Voreqe (Frank) Bainimarama
, the commander of the Fijian Military
. "It was the military that really brought Fiji back onto the right track," she said. She expressed concern, however, that the "tremendously widespread campaign against the bill," which Bainimarama and the military strongly oppose, could lead to another coup, as she saw an ongoing power struggle between the government and the military. "The military commander Commodore Voreqe Bainimarama has always expressed himself that if government goes off the rails it is his job to restore the situation," Boyd said.
Boyd's remarks provoked an angry reaction from Prime Minister Qarase, as well as from Conservative Alliance
Secretary Ropate Sivo. Qarase said on June 20 that the majority of the Fijian population, especially Christians, supported the bill. He said that Boyd's comments as a visitor were untrue and "irresponsible." Sivo, for his part, considered Boyd to be an inappropriate person to be commenting on the situation. He accused her and others in her position of having "abandoned the sinking ship" during the coup crisis. He also disputed her claim that Commodore Bainimarama had ended the crisis, saying that that was achieved through a traditional Fijian ceremony in Parliament.
n Foreign Minister Alexander Downer
cautioned both promoters and opponents of the legislation. He said that Australia was concerned about certain aspects of the bill, especially its amnesty provisions. "We feel amnesties that are poorly handled and prematurely handled would be very provocative," Downer said. The Fijian government had assured him, he said, that amendments were in the pipeline, and said he was hopeful that the matter would be removed sensibly. "I'm optimistic now, without being 100 percent certain, that they're going to handle this in a sensible way," Downer told Australia's Radio National
.
At the same time, he called on one of the bill's most unyielding opponents, Military
Commander Commodore
Frank Bainimarama
to back off. "It's not the job of a military commander to play politics, his job is to command his troops," Downer said. He also said that the future of Fiji should be decided by all the people, not just a small number of individuals. Downer said he was "optimistic", though not completely sure, that the Fijian government would handle the matter "sensibly."
On 29 September, Bainimarama reacted strongly to Downer's criticism of the Military's involvement in politics. Bainimarama said that the Military was disappointed by Downer's remarks, insisting that his criticism of the bill was security-related.
The Commander reiterated his disappointment with Downer's position on 30 September, saying that Australians have never experienced a coup and do not know what it is like to live through one. "I told him (Downer) his country has not experienced a coup to feel what the military went through here. He can't compare the situation there to this side," Bainimarama said. He insisted that the Military's opposition to the Unity Bill was not political, but security-related, and accused the ruling United Fiji Party of turning it into a political issue. "We were never involved in politics," he said. "It was the political party that pushed their agenda, the Bill, forward and we only reacted to the consequences the Bill would bring." Making these comments at a press conference at Suva's Queen Elizabeth Barracks, Bainimarama ordered the Daily Post
newspaper to leave because they supported the bill and were therefore, he said, against the Military.
Support for the Commander, meanwhile, came from Senator
James Ah Koy
, who commended him for opposing the Unity Bill and for standing up to the Australian Foreign Minister. "I really support him for his strong words against Mr Downer," he said on 1 October. "He is a strong man and we are blessed to have him in office. His priority is national security and that is why he is coming out strong on the Bill."
's Foreign Minister
, Phil Goff
, spoke out on 10 June, expressing concern about the legislation. Goff said that it was important not to give the impression that it was legitimate to use unconstitutional means to overthrow an elected government, any time or anywhere.
's outgoing Ambassador
to Fiji, applauded the legislation on 25 August. Interviewed by the Fiji Village news service, Ino said that stability in Fiji would result from uniting the races, and spoke positively about the government's efforts to promote reconciliation through the controversial bill.
, Secretary-General of the Commonwealth of Nations
(of which Fiji is a member) called on the Fijian government to ensure that the legislation reflected the views of its citizens. He took pains to emphasize, however, that the Commonwealth had no position of its own with respect to the controversial bill.
John North
of the Law Council of Australia
predicted on 22 June that Fiji would become a dangerous place for tourists if the legislation were to become law. The council was concerned, he said, that a government-appointed body could overturn judicial decisions. The mixing of the powers of the executive and judicial branches of government was antithetical to democracy, he considered. He expressed hope that the Australian government would take a stand against what he considered to be a threat to democracy. He conceded that there were some good things in the bill, but insisted that "any decision to be able to grant people pardons or to overturn properly constituted sentences should not be left to a government-appointed body."
Former Prime Minister
Sir Geoffrey Palmer of New Zealand
also condemned the bill on 22 June, calling it "unconstitutional and a recipe for division and constitutional disaster." Palmer, now a lawyer with the Chen Palmer and Partners law firm in Wellington
, New Zealand
, was addressing the Fiji Law Society
, which had sought his advice on the bill. He said that this legislation would enable any criminal behaviour to be labelled as "political", and would render the law of treason
"inoperative" for the period designated for the Commission to function. The bill, he said, undermined the constitutional status of the Prerogative of Mercy Commission, and was therefore "inconsistent with the constitution."
On 2 July Palmer again attacked the legislation. "It appears to me to be a recipe for division and constitutional disaster. I can see no way in which this proposed legislation as currently fashioned can advance the interests of Fiji," he said. He reiterated that the bill was unconstitutional, and called it an affront to human rights, the rule of law, and judicial independence. He also expressed concern about the wording of the bill. The power to grant compensation to victims and amnesty to perpetrators of the coup is supposed to be subject to presidential approval, but Palmer considered that to be a legal fiction. The wording of the bill, he said, made it clear that the Commission's recommendations would be binding on the President. The Fiji Times
quoted a prominent Suva
lawyer, whom they did not name, as supporting Palmer's interpretation. "Legally, the Government can go ahead with the Bill without the President's permission or even informing him. And the Bill, as it is, does not give any authority to the President to have a say," the lawyer was quoted as saying.
Glenn Martin of the Bar Association of Queensland said on 27 June that if the legislation became law, local and international confidence in Fiji would be eroded. He also expressed concern at what he saw as an undermining of the independence of the Fijian judiciary. "Unfortunately, there is a real risk that a Bill in this form, which appears designed to interfere with proper judicial processes and outcomes, will erode local and international confidence in Fiji's institutions of State," he said. Another cause for concern, he said, was the expulsion of Peter Ridgeway
, an Australian citizen, who as Fiji's Deputy Director of Public Prosecutions had spearheaded the prosecution of persons implicated into the coup.
The London
-based International Bar Association
(IBA) called for changes to the bill to be made on 9 February 2006. Joanna Salsbury, a lawyer with the Association's Human Rights Institute, said that the amnesty provisions were overemphasized and that there was too little recognition of the victims. "If you have an amnesty process that isn’t really linked to proper restitution for victims, then ultimately you have no form of reconciliation," she said. The organization has a total membership of more than twenty thousand lawyers and over 195 national Bar Associations and Law Societies.
called for the bill to be withdrawn on 26 June. In a letter to Prime Minister Qarase, union secretary Guy Ryde questioned the government's motives bringing the legislation. "The Bill does not promote reconciliation but rather promotes the illegal overthrow of elected governments for political expediency," the letter said. "It is obvious that Fiji is trying to legalise acts of treason and terrorism while the whole world is attempting to eradicate it."
The International Federation of Chemical, Energy, Mine and General Workers Union (ICEM), which represents more than 20 million workers worldwide, announced on 21 July that it had written to Prime Minister Qarase on 4 July to express its concerns at the bill. General Secretary Fred Higgs said that the bill would set a dangerous precedent and threaten the rule of law, human rights, and democracy. "The international trade union movement has taken a keen interest in human and trade union rights matters in Fiji for many decades now. These are the core values the international trade union movement and the international community is upholding while your Government undermines it," he wrote.
Meeting in Papua New Guinea
under the chairmanship of Fiji Labour Party
Senator
Felix Anthony
on 26 July, the executive of South Pacific Oceania Council of Trade Unions called on the government to withdraw the bill, which, it said, was against the Constitution
and the 1999 Human Rights Act, usurped the role and power of the judiciary and of the Director of Public Prosecutions, and discriminated against the victims of the coup in favour of its perpetrators.
Reconciliation and Unity Commission (Fiji)
The Reconciliation and Unity Commission is a proposed government body to be set up if the Reconciliation, Tolerance, and Unity Bill, which was introduced into the Fijian Parliament on 4 May 2005 is passed...
being promoted by the Fijian government throughout 2005 has generated enormous debate, both locally and internationally
Foreign relations of Fiji
Fiji has experienced many coups recently, in 1987, 2000, and 2006. Fiji has been suspended various times from the Commonwealth of Nations, a grouping of mostly former British colonies. It was readmitted to the Commonwealth in December 2001, following the parliamentary election held to restore...
. The legislation aims to establish a Commission empowered to compensate victims and pardon perpetrators of the coup d'état
Fiji coup of 2000
The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of a non-native Prime Minister, Mahendra Chaudhry, on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and...
that deposed the elected government of Prime Minister Mahendra Chaudhry
Mahendra Chaudhry
Mahendra Pal Chaudhry is a Fijian politician and the leader of the Fiji Labour Party...
in May 2000. Support for the legislation has come from Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, while New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
has opposed it. Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, too, has expressed strong reservations about the legislation, but has also called on opponents of it, including the Military of Fiji
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
, to show greater moderation. Non-governmental organizations in a number of countries have taken positions, also.
Susan Boyd
On 15 June 2005, Susan Boyd, Australia's former High CommissionerHigh Commissioner
High Commissioner is the title of various high-ranking, special executive positions held by a commission of appointment.The English term is also used to render various equivalent titles in other languages.-Bilateral diplomacy:...
to Fiji, accused the Qarase government of promoting the controversial Reconciliation and Unity Bill
Reconciliation and Unity Commission (Fiji)
The Reconciliation and Unity Commission is a proposed government body to be set up if the Reconciliation, Tolerance, and Unity Bill, which was introduced into the Fijian Parliament on 4 May 2005 is passed...
for purely political purposes. The bill proposes the establishment of a Commission with the power (subject to presidential approval) to compensate victims and pardon perpetrators of the 2000 coup
Fiji coup of 2000
The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of a non-native Prime Minister, Mahendra Chaudhry, on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and...
. Most of those imprisoned for offenses related to the 2000 coup
Fiji coup of 2000
The Fiji coup of 2000 was a complicated affair involving a civilian putsch by hardline Fijian nationalists against the elected government of a non-native Prime Minister, Mahendra Chaudhry, on 19 May 2000, the attempt by President Ratu Sir Kamisese Mara to assert executive authority on 27 May, and...
, she told ABC Asia Pacific Focus, were members of the Conservative Alliance
Conservative Alliance (Fiji)
The Conservative Alliance was a far-right political party in Fiji, and a member of the ruling coalition government. It was commonly known as the CAMV, a combination of the initials of its English and Fijian names...
, whose six seats in the House of Representatives
House of Representatives (Fiji)
The House of Representatives is the lower chamber of Fiji's Parliament. It is the more powerful of the two chambers; it alone has the power to initiate legislation...
are crucial to maintaining the government's parliamentary majority.
She said that the attempt to legislate reconciliation was overly simplistic. "People have to make up for their misdeeds, apologies have to be accepted by those who are harmed, and the onus is really on those who have sinned, rather than the onus on those who have been sinned against," Boyd said.
She paid tribute to Commodore
Commodore (rank)
Commodore is a military rank used in many navies that is superior to a navy captain, but below a rear admiral. Non-English-speaking nations often use the rank of flotilla admiral or counter admiral as an equivalent .It is often regarded as a one-star rank with a NATO code of OF-6, but is not always...
Voreqe (Frank) Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
, the commander of the Fijian Military
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
. "It was the military that really brought Fiji back onto the right track," she said. She expressed concern, however, that the "tremendously widespread campaign against the bill," which Bainimarama and the military strongly oppose, could lead to another coup, as she saw an ongoing power struggle between the government and the military. "The military commander Commodore Voreqe Bainimarama has always expressed himself that if government goes off the rails it is his job to restore the situation," Boyd said.
Boyd's remarks provoked an angry reaction from Prime Minister Qarase, as well as from Conservative Alliance
Conservative Alliance (Fiji)
The Conservative Alliance was a far-right political party in Fiji, and a member of the ruling coalition government. It was commonly known as the CAMV, a combination of the initials of its English and Fijian names...
Secretary Ropate Sivo. Qarase said on June 20 that the majority of the Fijian population, especially Christians, supported the bill. He said that Boyd's comments as a visitor were untrue and "irresponsible." Sivo, for his part, considered Boyd to be an inappropriate person to be commenting on the situation. He accused her and others in her position of having "abandoned the sinking ship" during the coup crisis. He also disputed her claim that Commodore Bainimarama had ended the crisis, saying that that was achieved through a traditional Fijian ceremony in Parliament.
Alexander Downer
On a visit to Fiji from 28 to 30 September 2005, AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n Foreign Minister Alexander Downer
Alexander Downer
Alexander John Gosse Downer is a former Australian Liberal Party politician who was Foreign Minister of Australia from March 1996 to December 2007, the longest-serving in Australian history...
cautioned both promoters and opponents of the legislation. He said that Australia was concerned about certain aspects of the bill, especially its amnesty provisions. "We feel amnesties that are poorly handled and prematurely handled would be very provocative," Downer said. The Fijian government had assured him, he said, that amendments were in the pipeline, and said he was hopeful that the matter would be removed sensibly. "I'm optimistic now, without being 100 percent certain, that they're going to handle this in a sensible way," Downer told Australia's Radio National
Radio National
ABC Radio National is an Australia-wide non-commercial radio network run by the Australian Broadcasting Corporation.Radio National broadcasts national programming in areas that include news and current affairs, the arts, social issues, science, drama and comedy...
.
At the same time, he called on one of the bill's most unyielding opponents, Military
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...
Commander Commodore
Commodore (rank)
Commodore is a military rank used in many navies that is superior to a navy captain, but below a rear admiral. Non-English-speaking nations often use the rank of flotilla admiral or counter admiral as an equivalent .It is often regarded as a one-star rank with a NATO code of OF-6, but is not always...
Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...
to back off. "It's not the job of a military commander to play politics, his job is to command his troops," Downer said. He also said that the future of Fiji should be decided by all the people, not just a small number of individuals. Downer said he was "optimistic", though not completely sure, that the Fijian government would handle the matter "sensibly."
On 29 September, Bainimarama reacted strongly to Downer's criticism of the Military's involvement in politics. Bainimarama said that the Military was disappointed by Downer's remarks, insisting that his criticism of the bill was security-related.
The Commander reiterated his disappointment with Downer's position on 30 September, saying that Australians have never experienced a coup and do not know what it is like to live through one. "I told him (Downer) his country has not experienced a coup to feel what the military went through here. He can't compare the situation there to this side," Bainimarama said. He insisted that the Military's opposition to the Unity Bill was not political, but security-related, and accused the ruling United Fiji Party of turning it into a political issue. "We were never involved in politics," he said. "It was the political party that pushed their agenda, the Bill, forward and we only reacted to the consequences the Bill would bring." Making these comments at a press conference at Suva's Queen Elizabeth Barracks, Bainimarama ordered the Daily Post
Daily Post (Fiji)
The Fiji's Daily Post is a newspaper that was formed by Wame Waqanisanini JR in Oct 1987, who owned 50 percent of the shares. Taniela Bolea was the original publisher. The majority shares were later owned by the Fijian government. The government now has 44.70 percent of the shares while Australian...
newspaper to leave because they supported the bill and were therefore, he said, against the Military.
Support for the Commander, meanwhile, came from Senator
Senate (Fiji)
The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers; it may not initiate legislation, but may amend or veto it. The Senate's powers over financial bills are more restricted: it may veto them in their entirety, but may not amend them...
James Ah Koy
James Ah Koy
Sir James Michael Ah Koy, KBE is a Fijian of Chinese and Fijian descent. He is Executive Chairman of Kelton Investments, the IT service provider Datec Group Ltd., Honorary Consul of the Republic of Georgia to Fiji and a board director of forty-six companies. He served as a Cabinet Minister in...
, who commended him for opposing the Unity Bill and for standing up to the Australian Foreign Minister. "I really support him for his strong words against Mr Downer," he said on 1 October. "He is a strong man and we are blessed to have him in office. His priority is national security and that is why he is coming out strong on the Bill."
New Zealand
New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
's Foreign Minister
Minister of Foreign Affairs (New Zealand)
The Minister of Foreign Affairs is a major ministerial portfolio in the government of New Zealand.The current Minister of Foreign Affairs is Murray McCully, who was National Party Spokeperson of Foreign Affairs and Shadow Minister of Foreign Affairs. There are also Associate Minister roles...
, Phil Goff
Phil Goff
Philip Bruce Goff is the current Leader of the Opposition and the Leader of the New Zealand Labour Party. During the Fifth Labour Government, he served in a number of ministerial portfolios, including Minister of Defence of New Zealand, Minister of Corrections, Minister of Foreign Affairs and...
, spoke out on 10 June, expressing concern about the legislation. Goff said that it was important not to give the impression that it was legitimate to use unconstitutional means to overthrow an elected government, any time or anywhere.
Japan
Kenro Ino, JapanJapan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
's outgoing Ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
to Fiji, applauded the legislation on 25 August. Interviewed by the Fiji Village news service, Ino said that stability in Fiji would result from uniting the races, and spoke positively about the government's efforts to promote reconciliation through the controversial bill.
Commonwealth of Nations
Don McKinnonDon McKinnon
Sir Donald Charles "Don" McKinnon, ONZ, GCVO is a former Deputy Prime Minister and Minister of Foreign Affairs of New Zealand. He was the Secretary-General of the Commonwealth of Nations from 2000 until 2008.-Early life:...
, Secretary-General of the Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
(of which Fiji is a member) called on the Fijian government to ensure that the legislation reflected the views of its citizens. He took pains to emphasize, however, that the Commonwealth had no position of its own with respect to the controversial bill.
International legal bodies
An international law body, the Law Association for Asia and the Pacific (LAWASIA) came out against the bill on 19 May, saying that it interfered with the process of law. "It does nothing to indicate to the victims of their actions that the legal system has delivered justice, and is tantamount to interfering with judicial process," considered Girdhari Lal Sanghi, president of LAWASIA. "While efforts to establish unity and reconciliation in Fiji are essential and worthy of support, the process must not be allowed to happen at the expense of the rule of law," Sanghi said.John North
John North
John North is a Christian author and speaker based in Sydney, Australia.John North is best known for his authorship of LifeWorks and GrowthWorks John North (born 1961) is a Christian author and speaker based in Sydney, Australia.John North is best known for his authorship of LifeWorks (a course...
of the Law Council of Australia
Law Council of Australia
The Law Council of Australia is an association of law societies and bar associations from the States and territories of Australia, and the peak body representing the legal profession in Australia. The Council was formed in 1933 to unite the various state legal associations, in order to represent...
predicted on 22 June that Fiji would become a dangerous place for tourists if the legislation were to become law. The council was concerned, he said, that a government-appointed body could overturn judicial decisions. The mixing of the powers of the executive and judicial branches of government was antithetical to democracy, he considered. He expressed hope that the Australian government would take a stand against what he considered to be a threat to democracy. He conceded that there were some good things in the bill, but insisted that "any decision to be able to grant people pardons or to overturn properly constituted sentences should not be left to a government-appointed body."
Former Prime Minister
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
Sir Geoffrey Palmer of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
also condemned the bill on 22 June, calling it "unconstitutional and a recipe for division and constitutional disaster." Palmer, now a lawyer with the Chen Palmer and Partners law firm in Wellington
Wellington
Wellington is the capital city and third most populous urban area of New Zealand, although it is likely to have surpassed Christchurch due to the exodus following the Canterbury Earthquake. It is at the southwestern tip of the North Island, between Cook Strait and the Rimutaka Range...
, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, was addressing the Fiji Law Society
Fiji Law Society
The Fiji Law Society is the official body that registers and regulates the activity of all lawyers in Fiji. Devanesh Sharma was elected to replace Graeme Leung as President of the Fiji Law Society on 9 September 2006, and as such he holds membership ex officio on the Judicial Service Commission...
, which had sought his advice on the bill. He said that this legislation would enable any criminal behaviour to be labelled as "political", and would render the law of treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
"inoperative" for the period designated for the Commission to function. The bill, he said, undermined the constitutional status of the Prerogative of Mercy Commission, and was therefore "inconsistent with the constitution."
On 2 July Palmer again attacked the legislation. "It appears to me to be a recipe for division and constitutional disaster. I can see no way in which this proposed legislation as currently fashioned can advance the interests of Fiji," he said. He reiterated that the bill was unconstitutional, and called it an affront to human rights, the rule of law, and judicial independence. He also expressed concern about the wording of the bill. The power to grant compensation to victims and amnesty to perpetrators of the coup is supposed to be subject to presidential approval, but Palmer considered that to be a legal fiction. The wording of the bill, he said, made it clear that the Commission's recommendations would be binding on the President. The Fiji Times
Fiji Times
The Fiji Times is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869, it is Fiji's oldest newspaper still operating....
quoted a prominent Suva
Suva
Suva features a tropical rainforest climate under the Koppen climate classification. The city sees a copious amount of precipitation during the course of the year. Suva averages 3,000 mm of precipitation annually with its driest month, July averaging 125 mm of rain per year. In fact,...
lawyer, whom they did not name, as supporting Palmer's interpretation. "Legally, the Government can go ahead with the Bill without the President's permission or even informing him. And the Bill, as it is, does not give any authority to the President to have a say," the lawyer was quoted as saying.
Glenn Martin of the Bar Association of Queensland said on 27 June that if the legislation became law, local and international confidence in Fiji would be eroded. He also expressed concern at what he saw as an undermining of the independence of the Fijian judiciary. "Unfortunately, there is a real risk that a Bill in this form, which appears designed to interfere with proper judicial processes and outcomes, will erode local and international confidence in Fiji's institutions of State," he said. Another cause for concern, he said, was the expulsion of Peter Ridgeway
Peter Ridgeway
Peter Ridgway is an Australian prosecutor and a former Deputy Director of Prosecutions in Fiji.Ridgway resigned on 3 May 2005 and was expelled from Fiji on 22 June by the government of then-Prime Minister Laisenia Qarase, while investigating alleged links between members of the government and the...
, an Australian citizen, who as Fiji's Deputy Director of Public Prosecutions had spearheaded the prosecution of persons implicated into the coup.
The London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
-based International Bar Association
International Bar Association
The International Bar Association is an international association of lawyers and lawyers' associations. The IBA's stated purpose is to promote an exchange of information between legal associations worldwide, support the independence of the judiciary and the right of lawyers to practice their...
(IBA) called for changes to the bill to be made on 9 February 2006. Joanna Salsbury, a lawyer with the Association's Human Rights Institute, said that the amnesty provisions were overemphasized and that there was too little recognition of the victims. "If you have an amnesty process that isn’t really linked to proper restitution for victims, then ultimately you have no form of reconciliation," she said. The organization has a total membership of more than twenty thousand lawyers and over 195 national Bar Associations and Law Societies.
Trade unions
The International Confederation of Free Trade UnionsInternational Confederation of Free Trade Unions
The International Confederation of Free Trade Unions was an international trade union. It came into being on 7 December 1949 following a split within the World Federation of Trade Unions , and was dissolved on 31 October 2006 when it merged with the World Confederation of Labour to form the...
called for the bill to be withdrawn on 26 June. In a letter to Prime Minister Qarase, union secretary Guy Ryde questioned the government's motives bringing the legislation. "The Bill does not promote reconciliation but rather promotes the illegal overthrow of elected governments for political expediency," the letter said. "It is obvious that Fiji is trying to legalise acts of treason and terrorism while the whole world is attempting to eradicate it."
The International Federation of Chemical, Energy, Mine and General Workers Union (ICEM), which represents more than 20 million workers worldwide, announced on 21 July that it had written to Prime Minister Qarase on 4 July to express its concerns at the bill. General Secretary Fred Higgs said that the bill would set a dangerous precedent and threaten the rule of law, human rights, and democracy. "The international trade union movement has taken a keen interest in human and trade union rights matters in Fiji for many decades now. These are the core values the international trade union movement and the international community is upholding while your Government undermines it," he wrote.
Meeting in Papua New Guinea
Papua New Guinea
Papua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
under the chairmanship of Fiji Labour Party
Fiji Labour Party
The Fiji Labour Party is a political party in Fiji, which holds observer status with the Socialist International. Most of its support at present comes from the Indo-Fijian community, although it is officially multiracial and its first leader was an indigenous Fijian, Dr. Timoci Bavadra. It is...
Senator
Senate (Fiji)
The Senate of Fiji is the upper chamber of Parliament. It is the less powerful of the two chambers; it may not initiate legislation, but may amend or veto it. The Senate's powers over financial bills are more restricted: it may veto them in their entirety, but may not amend them...
Felix Anthony
Felix Anthony
Felix M. Anthony is a Fiji Indian trade unionist and political leader.During the 2000 coup, he was illegally detained by members of the Taukei Movement, an ethnic Fijian extremist organisation....
on 26 July, the executive of South Pacific Oceania Council of Trade Unions called on the government to withdraw the bill, which, it said, was against the Constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....
and the 1999 Human Rights Act, usurped the role and power of the judiciary and of the Director of Public Prosecutions, and discriminated against the victims of the coup in favour of its perpetrators.