pn936. Former Fiji PM Voqere Bainimarama sentenced to one year's jail

Bainimarama with cloth covering handcuffs
"so that his grandchildren would not see them."

Fiji's most popular leader in recent times and former PM 69-year old  Frank Bainimarama has been sentenced to one year's jail for "perverting the course of justice" by Acting Chief Jusice Selesi Temo.  Former Police Chief  Sitiveni Qiliho who acted on Bainimarama's instruction was sentenced to two years. 

The maximum penalty possible was 5 years for Bainimarama and 10 years for  Qiliho. 

Both had previously had the charges dismissed in the Magistrate's court by Magistrate Seini Puamau but her ruling was overruled by Acting Chief Justice Temo (see pn923).

The charges stem from an instruction in 2019 by Bainimarama to stop an investigation into claims by the then new  University of South Pacific's Vice-Chancellor Professor Pal Ahluwahia of alleged financial mismanagement by the administraton under the previous USP VC the late Professor Rajesh Chandra*, pertaining to questionable appointments, contract renewals, leave payments and back pay.

It is interesting to note that similar charges have been made against the VC's of Fiji's other two universities, the University of Fiji and the Fiji National University.   University of Fiji VC Professor Shaista Shameem says "complaints were likely to be put together by several 'identifiable disgruntled former management and academic staff.'"(see pn 825). And so could the complaints at USP. In my post of 5 February 2021 I noted there were 33 cases of alleged mismanagement against Professor Ahluwahia. Such is Fiji. What goes around comes around. 

I have previously commented that it is unusual for an incoming VC to criticize a previous administration, which seemed pointless anyway since there was no way of reversing appointments and renewals or recovering the alleged money lost in leave- and back pay.  I thought the new VC should "get on with the job" of administering the university and healing the divisions among his staff.

While the USP charge is questionable, the Rabuka government has made it clear that that they would "get" Bainimarama one way of another. With the slim majority in parliament and serious charges against some of its coalition partners government needed to find a way to distract attention from government and discredit the largest party in parliament Bainimarama's Fiji First Party. In the 55-seat parliament FF has 26 seats, Rabuka's People's Alliance has 21, the National Federation Party 5 and SODELPA 3.

If this charge had failed, it is rumoured they had another 30 charges they thought they could use against Bainimarama.

Imprisonment means that Bainimarama cannot stand in another election for several years unless he can get the judgment overturned  by appeal. This stands a good change of succeeding if the judges are independent, which Acting Chief Justice Temo most certainly is not.

 * Disclosure. Rajesh Chandra was a former student of mine in the 1960 and a senior colleague and friend in the 1990s.

-- ACW

pn923. Fiji Government withholding money from USP morally wrong

Whatever the rights or wrongs aimed at the administration of former USP Vice-Chancellor Professor Rajesh Chandra or those aimed at his successor  Professor Pal Ahluwalia,  the action of the Fiji Government in withholding its financial contribution to the university since 2020, now totalling F$78.4 million, cannot be condoned.  Other regional goverrnment, Australia and NZ are paying to support the education of Fiji students and their government is paying nothing!

I believe all who cherish academic freedom, free speech and fair play will support the appeal to PM Voqere Bainimarama by the university's staff  unions to "abide by and honour the decision of the Fijian Parliament that approved the USP Grants for 2020, 2021 and 2022 totalling $78.4 million and to pay its obligation and to bring this matter to closure..."

pn887. Fiji Elections. The Choice: "Two old men" or Prasad and Rabuka

With elections due any time after the end of next month, the political scene in Fiji is heating up.

Bainimarama and Sayed-Khaiyum's Fiji First have released a budget set to win support by removing many food and household items from paying VAT and increasing the national minimum wage. (see pn885) but this has been criticized by the National Federation Party whose leader Biman Prasad said it was too little too late. 

pn867. Fiji Snippets: Bainimarama returns home, We Unite Fiji Party registration refused, Human Rights, Lynda Tabuya

 

■ Bainimarama returns to Fiji after heart surgery 

■ We Unite Fiji Party registration application refused due to unsufficient numbers

 ■ Ashwin Raj urges human rights community to work together

■ Supervisor of Elections Saneem questions Lynda Tabuya's  confusing actions at school

■ This is the portal for Covid-19 statistics.

pn825. The Fiji Merry-Go-Round

People unfamiliar with Fiji, or only with the Fiji of "Bula" and happy holidays smiles, would be amazed at the amount of vitriol, backstabbing and inflammatory nastiness that erupts around almost all controversial issues in politics and even the universities.

Graham Davis withdraws his support from Bainimarama and FijiFirst (pn697)

Voqere Bainimarama and Graham Davis

It saddens me to write this. 

My friend Graham Davis writes:

" I am formally withdrawing my support for Frank Bainimarama and the FijiFirst government. And ending a 15-year relationship with the Prime Minister in which I am widely acknowledged to have played a significant role in assisting him, including in the role of principal communications advisor, speechwriter and advocate, not only in these columns but in the Fijian and international media ...

"Why this article is so hard and sad for me to write isn’t just the spectacle of the once admired Frank Bainimarama as the AG’s puppet and, increasingly, a figure of derision. It is what has gone before in my own relationship with the PM. Because the record shows that I have publicly sided with Bainimarama since his coup of 2006,

pn619. Bainimarama, "One woman who experiences violence is one too many."

Ten women were killed by their partners last year in domestic-related violence and abuse. The revelation was made by Prime Minister Voreqe Bainimarama yesterday while launching the start of the consultations for Fiji’s National Action Plan to Prevent Violence Against Women and Children.

The PM  said it pained him to learn that two in every three Fijian women experienced physical or sexual violence from an intimate male partner in their lifetime.

One in five women have experienced sexual harassment in the workplace while one in three women have experienced physical or sexual violence from a man who isn’t their partner, a recent survey by the Fiji Women’s Crisis Centre indicated..

pn606. Bringing Kadavi Island into the fold: Bainimarama opens admin office

Bainimarama in Kadavu

Prime Minister Voreqe Bainimarama says he does not believe in a Fiji where services are an ocean away from the people who depend on them. Bainimarama highlighted this at the commissioning of the $1.2 million Kavala Administration Office in Kadavu.

Nearing its End? The Bainimarama-Tikoduadua Incident

PM (L) and Pio Tikoduadua pn484

What's happening now should have happened over three  weeks ago. Sores fester if left unattended, and new poisoning can enter the system.

In politics the "sores" are when one side tries to score points off the other, and when views becomes news and opinion becomes fact on the mainstream and social media. Even TVNZ1 had a say,  a little late and incomplete, but the opportunity for a dig at Fiji could not be missed (pn479).

 I refer to the alleged assault by PM Voqere Bainimarama on former army colleague and friend, opposition NFP president  Pio Tikoduadua, in early August. (pn475, pn478)

The Alleged Bainimarama Assault on TVNZ1 News

pn479

This item about Voqere Bainimarama's alleged assault on  Pio Tikoduadua was a topic on last night's TVNZ 1 News, and has since spread to the social media.  This is what I wrote on Facebook in reply:

"This is not News. TVNZ took two weeks to report the incident that was reported in Fiji, on the social media and on my blog, www.crosbiew.blogspot.com, on 9th August, two weeks ago. 

"On TVNZ Barbara Dreaver said the Fiji Government refused to comment, but failed to mention that it would be improper for it to do so as the matter is before the Court, as the Attorney-General made clear at the time. 

 "Irrespective of whether Bainimarama is found guilty or not, this is either lazy or irresponsible journalism."

Might Bainimarama Skip the Country?

pn478

People are refused bail because they are dangerous or could skip bail and not return for a court hearing.

But these could be acceptable times. While it's unheard of for a prime minister to allegedly assault an opposition MP, breaking his glasses, to the best of my knowledge,  a democratically elected prime minister never, ever, anywhere, has used his attendance at  international fora to skip a country, never to return.

Bainimarama Attacks Racism Sexism Comments by SODELPA's Bulitavu

I'd like to see what Bulitavu said, but if he said anything close to this (and there's no reason to suppose the PM is misquoting him ), Bulitavu is a very sick man, and SODELPA should distance itself from his comments.  This comes on top of the controversial comments by Ratu Naiqamu which also did not look good for SODELPA. Does the party really represent all citizens or only some iTaukei?  -- ACW

pn447

I’ve been made aware of statements by SODELPA member Mosese Bulitavu, where he stereotyped Indo-Fijian women as being promiscuous and made the ridiculous claim that Indo-Fijian men are the only ones who use knives to commit acts of horrific violence against women. 

He went on to claim that iTaukei men only beat iTaukei women because they are bigger than them. Worse, he insinuated that iTaukei women should be thankful these beatings aren’t carried out with weapons.

Read More.

Environment: Fiji to Prosecute Chinese Developers on Malolo Island

The PM and the three journalists pn 338

UPDATE 9..4.19 Fiji Government to prosecute https://www.newsroom.co.nz/2019/04/09/527968/fiji-revokes-chinese-resorts-rights
---------------
Not untypically, our mainstream media went off half-cock about the recent arrest in Fiji of three NZ journalists, citing restrictions on media freedom. The journalists were following up claims of environmental damage by Chinese company FreeSoul Real Estate Developers on Malolo island off the NW coast of Viti Levu close to Nadi. 

Newsroom co-editor Mark Jennings, investigations editor Melanie Reid and cameraman Hayden Aull were detained at the Totogo police station after resort developer Freesoul Real Estate accused them of criminal trespass after they allegedly walked past a staff only area of their office . 

Media freedom in Fiji

The publication in the  Asia Pacific Report of a range of views on today's media situation in Fiji is especially timely because of the forthcoming elections. The issues involved need to be discussed and put into context.

Sri Krishnamurti pn74

Its author Sri Krishnamurthi, a journalist and Postgraduate Diploma in Communication Studies student at AUT, does an excellent job in giving voice to a range of views: 

From Hank Art, the publisher of The Fiji Times  who was charged with sedition of publishing material critical of the Bainimarama Government (and found not guilty); 

To NZ journalist Michael Field who was banned for a while from visiting Fiji (and whose grossly misleading articles, incidentally, was a major reason I started this blog in 2007). "The Bainimarama government is clever enough to realise that they might not last with a free media.”

To Ricardo Morris, current affairs magazine editor in Fiji, who notes  that the Media Authority (MIDA) set up to oversee the 2010  Media Industry Development Decree, and became law in 2015,    "doesn’t have to do much anymore because (chairman – Ashwin] Raj) simply has to make comment or criticise a media company for some perceived slight and everyone retreats." Self-Censorship is the norm. 

“They’ll usually issue statements, and in the past there has been public shaming, so now you don’t really need to bring cases against the media because they are too afraid to do something that might jeopardise their position or if they do get charged they will get charged under some other criminal law as in the case of The Fiji Times now – they are charged under the Crimes Act, a case that has now gone to appeal. That’s a distinction.”

To Dr Shailendra Singh, coordinator of journalism at the University of the South Pacific, who wonders whether Fiji is ready for a free media. " Media have been known to inflame situations, just as governments have been known to use stability and security as pretexts to curtail media scrutiny and criticism. Finding the right balance can be elusive,“ he says.

“Whether Western notions of free, unrestrained media are suitable for a developing, fragile, ethnically-tense country is a moot point,” he says,  reminding us without saying so that  freedom needs to be in its historical and cultural contexts.  What is applicable in the West may not be an exactd fit with what is needed or possible in other contexts.

“The media situation',  he adds, " is not going to change – that I can say with some confidence. The laws are going to remain the same for some time yet."

How this may affect election results is anybody's guess.

Looking back to 2010

I wrote about the Decree in 2010, and went into some details explaining its provisions and implications.  https://crosbiew.blogspot.com/2010/04/draft-media-industry-development-decree.html#more  I quote from parts of it:

"There is an unstated assumption by many who criticize the Decree that democratic countries do not have laws like this but features of the Decree are seen in many countries. South African law, for example, can force journalists to reveal their sources; the Canadian Governor in Council (roughly the equivalent of Fiji's President and Cabinet) appoints directors and the board of the Canadian Broadcasting Commission. The media and the public have no say. Malaysia has at least five Acts that limit media freedom. Fiji differs not in the specifics of the Decree provisions but in the absence of checks on the authority of Government. This would be less worrying were the government elected.

"Another assumption is that the primary political role of the media is as a watchdog on government, for only then, it is assumed, can ordinary people enjoy their human rights. This is not the perceived role of the media in Singapore. There the media is seen as partners of government in nation-building. In other words, in that benevolent dictatorship, nation-building (i.e., acts to assist harmonious relationships in a multi-ethnic society) is seen as more important than media freedom and the public's right to access all information. Fiji is also a multi-ethnic county and the Fiji Decree is modelled on Singapore.

"A third assumption is that Western notions of media freedom usually provides the public with access to all information, presented in a fair and balanced manner. This is only partly true. Most media organizations are run as businesses, owned by businessmen and big business shareholders, and directed by people appointed by these same businessmen and shareholders. Rarely do we see the media speaking up for the poor, the underprivileged, consumers, the Trade Unions, workers on strike, or left-leaning governments. The Fiji Times most certainly did not when Fiji Labour Party-led government was in power. Media ownership and the extent of media  freedom are linked."

                                                                          *** Clearly, my views are close to those of Dr Singh. The social media threats of a coup to replace the Bainimarama Government if FijiFirst wins the elections need to be taken seriously, as did the bomb threats in 2009. 

 The Fiji Government definitely needs to be  periodically urged to relax the MIDA Act and implement its provisions more liberally, while at the same time people need to recognize that media freedom may need to be more limited than in  New Zealand or the West. 

-- ACW