Page 25 - IB November 2023
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Fiji                                                                                                   Fiji


       Pakistan as an example.                                Beyond the political implications, it’s clear that one year
         “But it was also obvious that SODELPA’s supporters would   into a new government, there are questions being asked
       never have forgiven it if it had coalesced with FijiFirst.”  about the 2013 Constitution—imposed by the-then unelected
                                                            government of Voreqe Bainimarama.
         More problems                                        There is also a vital need to improve communication, both
         Two other recent appointments remain in place for now   between the coalition partners, and in conveying government
       —both which, according to the Fiji Law Society, also breach   decisions to Fiji’s citizens.
       the section of the Constitution that says anyone found guilty   But Professor Ratuva believes Fiji does not want to see a
       by the ILSC on professional misconduct charges is disqualified   vote of no-confidence against the PM so soon.
       from being a judge, or from holding senior judicial posts.  “It will give out a negative signal to the rest of the country,
         In April, Alipate Qetaki, a former Attorney-General in both,   Pacific region and the world,” says Ratuva.
       Rabuka’s 1987 government and Laisenia Qarase’s caretaker   The Christchurch-based academic says a better option is for
       administration of 2000, was appointed a judge in the Fiji   Rabuka and his coalition partners to come together and agree
       Court of Appeal by the Judicial Services Commission (JSC).    on clear rules of engagement that should include steps to take
         However, the Fiji Law Society says it has been writing to   when someone breaks those rules.
       the JSC Chair since June, expressing concern over Qetaki’s   Such a document, he insists, must include a conflict
       appointment, citing his guilty plea before the ILSC in April   resolution strategy.
       2017 for opening a Trust account with a commercial bank   “The honeymoon period didn’t last long, and the impression
       without the consent of the then Attorney-General, Aiyaz   the public is getting at the moment is that there is a certain
       Saiyed-Khaiyum. He was fined $1500 for the breach.   degree of disorderliness.”
         John Rabuku’s appointment as Acting Director of Public   Or, as University of the South Pacific academic Professor
       Prosecutions is also contestable on similar grounds, says   Vijay Naidu puts it: “If the coalition partners are serious about
       the FLS. Rabuku was found guilty by the ILSC in 2013 for   finishing their four-year term in government, then [SODELPA
       dereliction of duty against a client. He was suspended from   leader Bill] Gavoka and [NFP leader Biman] Prasad need to be
       practice for three months and fined $500.            more assertive, if not in public, then at least in private.”
         Rabuka has since said the two appointments were being   Beyond the usual workings of politics and questions over
       reviewed.                                            leadership in a democracy lies the fact that the Fijian
         The results of disagreement in the governing coalition   military will not hesitate to make their views known to the
       have now come under international scrutiny following Fiji’s   government when the time comes, through its role as set out
       decision to vote against a United Nations resolution for a   in the 2013 Constitution.
       ceasefire in Gaza to allow aid and medical help to get to the   As Tikoduadua put it while commenting on the military
       people in the war zone.                              commander’s letter to Rabuka: “We are here for the rule of
         Fiji was one of just 14 countries to do so; the others   law. We will follow the process of the law.”
       included Tonga, Marshall Islands, Federated States of   In January, less than a month after the Coalition came into
       Micronesia and Papua New Guinea.                     power, Army Commander Kalouniwai warned the government
         The National Federation Party (NFP) said it was not   was taking “shortcuts that circumvent the relevant processes
       consulted on Fiji’s vote against the resolution.     and procedures” which could lead to “long-term national
         Fiji’s representative to the UN, Filipo Tarakinikini, who   security consequences”.
       cast the ‘No’ vote for Fiji, told Islands Business the only   After meeting with Kalouniwai, Tikoduadua said in a
       people that knew about it in advance were him, the Prime   statement that he had assured the commander that all the
       Minister, and the Permanent Secretary for Foreign Affairs, Lesi   government’s actions had been guided by the law.
       Korovalavala.                                          Fraenkel, who is co-editor of The 2006 Military Takeover
         NFP leader, Biman Prasad told the media: “Fiji should have   in Fiji; A coup to end all coups? and is the author of The
       stood in solidarity with the resolution.”            Manipulation of Custom; from uprising to intervention in the
         Army Commander Kalouniwai also weighed into the    Solomon Islands, expresses the same concern that sociologists
       fracas, saying the military was deeply concerned with the   such as Ratuva and Naidu have raised consistently about the
       government’s non-consultative approach on the vote.  military’s involvement in civilian affairs.
         He said in a statement, it was disheartening to see a   Says Fraenkel: “What is more worrying is when ministers
       decision taken without due consideration for the potential   welcome the intervention of the RFMF Commander, even
       impact on the safety and well-being of Fiji’s peacekeepers in   though it is through the line minister. Fiji has only just
       the Middle East.                                     resurfaced from 16 years of authoritarian and then, from
                                                            2014, semi-authoritarian government. So, it would be unwise
         Questions over the future                          to regard RFMF intervention in the political process as
         Coalition governments can be unwieldy, as Fiji’s neighbours   legitimate and reasonable.”
       in Papua New Guinea and Vanuatu have seen.             Islands Business has made several attempts to reach
         So, what does this series of misfires mean for the health of   Kalouniwai for his thoughts.
       the coalition and Rabuka’s leadership?

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