The NGO Coalition on Human Rights in Fiji has sharply criticised the Fiji government’s stance over Israel’s genocide in Gaza, saying it “starkly contrasts” with the United Nations and international community’s condemnation as a violation of international law and an impediment to peace.

In a statement today, the NGO Coalition said that the way the government was responding to the genocide and war crimes in Gaza would set a precedent for how it would deal with crises and conflict in future.

It would be a marker for human rights responses both at home and the rest of the world.

“We are now seeing whether our country will be a force that works to uphold human rights and international law, or one that tramples on them whenever convenient,” the statement said.

“Fiji’s position on the genocide in Gaza and the occupation of Palestinians starkly contrasts with the values of justice, freedom, and international law that the Fijian people hold dear.

“The genocide and colonial occupation have been widely recognised by the international community, including the United Nations, as a violation of international law and an impediment to peace and the self-determination of the Palestinian people.”

Last week, French President Emmanuel Macron announced that France would formally recognise the state of Palestine — the first of G7 countries to do so — at the UN general Assembly in September.

142 countries recognise Palestine
At least 142 countries out of the 193 members of the UN currently recognise or plan to recognise a Palestinian state, including European Union members Norway, Ireland, Spain and Slovenia.

However, several powerful Western countries have refused to do so, including the United States, the United Kingdom and Germany.

At the UN this week, Saudi Arabia and France opened a three-day conference with the goal of recognising Palestinian statehood as part of a peaceful settlement to end the war in Gaza.

Last year, Fiji’s coalition government submitted a written statement in support of the Israeli genocidal occupation of Palestine, including East Jerusalem, noted the NGO coalition.

Last month, Fiji’s coalition government again voted against a UN General Assembly resolution that demanded an immediate, unconditional, and permanent ceasefire in Gaza.

Also recently, the Fiji government approved the allocation of $1.12 million to establish an embassy “in the genocidal terror state of Israel as Fijians grapple with urgent issues, including poverty, violence against women and girls, deteriorating water and health infrastructure, drug use, high rates of HIV, poor educational outcomes, climate change, and unfair wages for workers”.

Met with ‘indifference’
The NGO coalition said that it had made repeated requests to the Fiji government to “do the bare minimum and enforce the basic tenets of international law on Israel”.

“We have been calling upon the Fiji government to uphold the principles of peace, justice, and human rights that our nation cherishes,” the statement said.

“We campaigned, we lobbied, we engaged, and we explained. We showed the evidence, pointed to the law, and asked our leaders to do the right thing.

“We’ve been met with nothing but indifference.”

Instead, said the NGO statement, Fiji leaders had met with Israeli government representatives and declared support for a country “committing the most heinous crimes” recognised in international law.

“Fijian leaders and the Fiji government should not be supporting Israel or setting up an embassy in Israel while Israel continues to bomb refugee tents, kill journalists and medics, and block the delivery of humanitarian aid to a population under relentless siege.

“No politician in Fiji can claim ignorance of what is happening.”

62,000 Palestinians killed
More than 62,000 Palestinians have been killed in the war on Gaza, most of them women and children.

“Many more have been maimed, traumatised, and displaced. Starvation is being used by Israel as weapon to kill babies and children.

“Hospitals, churches, mosques,, refugee camps, schools, universities, residential neighbourhoods, water and food facilities have been destroyed.

“History will judge how we respond as Fijians to this moment.

“Our rich cultural heritage and shared values teach us the importance of always standing up for what is right, even when it is not popular or convenient.”

Members of the Fiji NGO Coalition on Human Rights are Fiji Women’s Crisis Centre (chair), Fiji Women’s Rights Movement, Citizens’ Constitutional Forum, femLINKpacific, Social Empowerment and Education Programme, and Diverse Voices and Action (DIVA) for Equality Fiji.

Also, Pacific Network on Globalisation (PANG) is an observer.

The NGO coalition said it stood in solidarity with the Palestinian people out of a shared belief in humanity, justice, and the inalienable human rights of every individual.

“Silence is not an option,” it added.

Fijians for Palestine Solidarity Network said it supported this NGO coalition statement.

Article by AsiaPacificReport.nz

The Fiji government looks set to pay around NZ$1.5 million in damages to the disgraced former head of the country’s anti-corruption agency FICAC.

The state is offering Barbara Malimali an out-of-court settlement after her lawyer lodged a judicial review of her sacking in the High Court in Suva.

Prime Minister Sitiveni Rabuka suspended Malimali from her role on May 29, following a damning Commission of Inquiry into her appointment.

Malimali was described as “universally corrupt” by Justice David Ashton-Lewis, the commissioner of the nine-week investigation, which involved 35 witnesses.

“She was a pawn in the hands of devious members of government, who wanted any allegations against them or other government members thrown out,” Ashton-Lewis told RNZ Pacific Waves earlier this month.

Tanya Waqanika, who acts for Malimali, told RNZ Pacific that her client was seeking a “substantial” payout for damages and unpaid dues.

Waqanika met lawyers from the Attorney-General’s Office in the capital, Suva, on Tuesday after earlier negotiations failed.

Expected to hear in writing
She declined to say exactly what was discussed, but said she expected to hear back in writing from the other party the same day.

A High Court judge has given the government until 3pm on Friday to reach a settlement, otherwise he will rule on the application on Monday.

“We’ll see what they come up with, that’s the beauty of negotiations, but NZ$1.5 million would be a good amount to play with after your career has been ruined,” Waqanika said.

“[Malimali’s] career spans over 27 years, but it is now down the drain thanks to Ashton-Lewis and the damage the inquiry report has done.”

She said Malimali also wanted a public apology, as she was being defamed every day in social media.

“I don’t expect we’ll get one out of Ashton-Lewis,” she said.

Adjournment sought
During a hearing in the High Court on Monday, lawyers for the state sought an adjournment to discuss a settlement with Waqanika.

However, she opposed this, saying that the government’s legal team had vast resources and they should have been prepared for the hearing.

Malimali filed a case against President Naiqama Lalabalavu, Rabuka and the Attorney-General on June 13 on the grounds that her suspension was unconstitutional.

Waqanika said the President suspended her on the advice of the Prime Minister instead of consulting the Judicial Services Commission.

Government lawyers approached Waqanika offering a compensation deal the same day she lodged a judicial review in the High Court.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The Fijians for Palestine Solidarity Network today condemned the Fiji government’s failure to stand up for international law and justice over the Israeli war on Gaza in their weekly Black Thursday protest.

“For the past 18 months, we have made repeated requests to our government to do the bare minimum and enforce the basic tenets of international law on Israel,” said the protest group in an open letter.

“We have been calling upon the Fiji government to uphold the principles of peace, justice, and human rights that our nation cherishes.

“We campaigned, we lobbied, we engaged, and we explained.

“We showed the evidence, pointed to the law, and asked our leaders to do the right thing. Our pleas fell on deaf ears. We’ve been met with nothing but indifference.”

The open letter said:

“Dear fellow Fijians,

“As we gathered tonight in Suva at the Fiji Women’s Crisis Centre compound, Israel has maintained an eight-week blockade on food, medicine and aid entering Gaza, while continuing to bomb homes and tent shelters.

“At least 52,000 people in Gaza have been killed since October 2023, which includes more than 18,000 children. The death toll means that one out of every 50 people has been killed in Gaza. We all know that the real number of those killed is far higher.

“Today, at least 13 people were killed in Israeli attacks. Among the dead were three children in a tent near Nuseirat in central Gaza, and a woman and four children in a home in Gaza City.

“Also reportedly killed in a recent attack was local journalist Saeed Abu Hassanein, whose death adds to at least 232 reporters killed by Israel in Gaza in this genocide.

“For the past 18 months, we have made repeated requests to our government to do the bare minimum and enforce the basic tenets of international law on Israel. We have been calling upon the Fiji Government to uphold the principles of peace, justice, and human rights that our nation cherishes.

“We campaigned, we lobbied, we engaged, and we explained. We showed the evidence, pointed to the law, and asked our leaders to do the right thing. Our pleas fell on deaf ears. We’ve been met with nothing but indifference.

“Instead our leaders met with Israeli Government representatives and declared support for a country accused of the most heinous crimes recognised in international law.

“Fijian leaders and the Fiji Government must not be supporting Israel or planning to set up an Embassy in Israel while Israel continues to bomb refugee tents, kill journalists and medics, and block the delivery of aid to a population under relentless siege.

“No politician in Fiji can claim ignorance of what is happening.

“Tens of thousands of Palestinians have been killed.

“Many more have been maimed, traumatised and displaced. Hospitals, clinics, refugee camps, schools, universities, residential neighbourhoods, water and food facilities have been destroyed.

“We must loudly name what’s happening in Gaza – a GENOCIDE.

“We should name the crime, underline our government’s complicity in it, and focus our efforts on elevating the voices of Palestinians.

“We know that our actions cannot magically put an end to the GENOCIDE in occupied Palestine, but they can still make a difference. We can add to the global pressure on those who have the power to stop the genocide, which is so needed.

“The way our government is responding to the genocide in Gaza will set a precedent for how they will deal with crises and emergencies in the future — at home and abroad.

“It will determine whether our country will be a force that works to uphold human rights and international law, or one that tramples on them whenever convenient.

“There are already ongoing restrictions against protests in solidarity with Palestine including arbitrary restrictions on marches and the use of Palestine flags.

“We have had to hold gatherings in the premises of the FWCC office as the police have restricted solidarity marches for Palestine since November 2023, under the Public Order (Amendment) Act 2014.

“Today, we must all fight for what is right, and show our government that indifference is not acceptable in the face of genocide, lest we ourselves become complicit.

“History will judge how we respond as Fijians to this moment.

“Our rich cultural heritage and shared values teach us the importance of always standing up for what is right, even when it is not popular or convenient.

“We stand in solidarity with the Palestinian people out of a shared belief in humanity, justice, and the inalienable human rights of every individual.”

In Solidarity
Fijians for Palestine Solidarity Network

Article by AsiaPacificReport.nz

The University of the South Pacific will be receiving additional funding from the Fiji government in the 2023-2024 national budget, says Deputy Prime Minister and Minister for Finance Professor Biman Prasad.

Speaking at a public consultation in Lautoka this week, he said the additional funding was to pay off arrears owed by the Fijian government to the regional university.

As of February this year, the Fiji government owed USP F$116 million (NZ$86 million) in unpaid grants.

“We gave $10 million already,” the Deputy PM said.

“I attended their council meeting and I made a commitment.

“We are restoring the annual grant to the university which is about $34 million.

“From this year the annual contribution that the Fiji government always used to contribute will be included in the budget and that will be paid.

“We are going to include an additional amount to clear out the arrears from the past years and so the university will have a lot of money.”

Professor Prasad was responding to queries raised by USP staff member Teresa Ali on the government’s commitment to the university’s annual grant.

Deputy VC ‘dismissed’
Meanwhile, Fijivillage News reports that the University of the South Pacific management has confirmed that deputy vice-chancellor and vice-president Professor Janusz Jankowski’s arrangement with the institution has ended.

In response to an email sent by FBC News, USP management said Professor Jankowski was recently engaged as a fixed-term and part-time consultant.

It also said that, contrary to media reports, the vice-chancellor and president of USP did not have the delegated authority to terminate the employment of a deputy vice-chancellor.

News media reports say that a week before the termination of Professor Jankowski’s contract, he had written a damning 13-page “whistleblower” report to two of the university’s pro vice-chancellors alleging “nepotism, lack of transparency and accountability” at the university.

Repeka Nasiko is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz

Fiji’s coalition government has every right to “appoint and disappoint” under the 2013 Constitution, says Prime Minister Sitiveni Rabuka.

While responding to opposition Leader and former prime minister Voreqe Bainimarama’s call to the coalition government to follow the 2013 Constitution in dealing with the employment of permanent secretaries, Rabuka said even the Bainimarama administration did not follow proper procedure to establish the same Constitution.

“There is a change in the prime minister and he (Bainimarama) should expect changes,” he said.

“We believe that the 2013 Constitution was not properly promulgated by the people.

“The Constitution allows for review and recommendation for changes so we will be looking at this as well.”

Rabuka said the permanent secretaries were hired by the former government.

“So it will be unfair of us to expect them to perform under us as they were hired by the past government.

“Therefore, we have the right to deal with these issues.”

Bainimarama defends constitution
The Fiji Times reported yesterday that Bainimarama had defended the 2013 Constitution in a video that was posted on the party’s Facebook page.

He called on Rabuka and his ministers to follow the 2013 Constitution and the law.

In his video, Bainimarama also called on civil servants, permanent secretaries, all those appointed to various boards, commissions and independent bodies to “stay strong” and not to resign.

“You must not resign from your positions even though the new government and their supporters will bully you, intimidate you and even threaten you,” Bainimarama said.

“Please be strong. You have not done anything wrong.

“You have been appointed through due process and because you had the skill sets, know how, knowledge and acumen to contribute to your organisations and to Fiji.

“Do not leave your posts.”

Serafina Silaitoga is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz

Fiji lawyer and former human rights activist Imrana Jalal has offered a “warning” to her motherland that should people be investigated, prosecuted or dismissed, it must be done within the rule of law.

In a social media posting on her Facebook page, Jalal wrote: “A WARNING to ourselves in Fiji — it’s very important that if people are going to be investigated, dismissed, prosecuted or asked to resign voluntarily (without coercion) whether in a State-Owned Enterprise (SOE) or otherwise; or a commission of inquiry be set up, example, to look at the judiciary, that this all be done within the rule of law.

“There should be no victimisation or targeted prosecutions unless there is genuine evidence by independent investigators.

“I speak with authority on this having been targeted by the former regime personally.

“If we do otherwise, then we are no better than the corrupt regime [that has been] in power for the last 16 years.

“We need to start off the right way or we are tainted from the beginning.”

Jalal, a former Fiji human rights commissioner and previously a gender specialist with the Asia Development Bank, asked those calling for heads to roll to “be careful”.

She is the first woman to be appointed as a special project facilitator of the ADB.

‘Give our fragile democracy a chance’
“Be cautious. Refrain from this type of diatribe. No good will come of it. There can be no restoration to the rule of law like that,” she said.

“Let the government slowly make its way. Give them a chance: step by step we can restore our fragile democracy.”

Prominent Suva lawyer Graham Leung voiced similar sentiment, calling on Fijians to be patient and follow the law. He added that due process must be followed in dismissing or removing people from office.

“Arbitrary and unlawful dismissals must be avoided at all costs. There are constitutional processes for removal for some posts,” Leung said on his Facebook social media page.

“In some cases, there are legally binding contracts in place. Negotiations for early termination of contracts can take place by mutual agreement. These should be carried out professionally without malice or bad faith.

“We would be no better than the last government if we did this. Due process will take time.

“You cannot rectify and address 16 years of bad governance overnight. The change we all voted for will not happen at the press of a button.

“I urge the people of Fiji celebrating the new government’s victory and the removal of the previous authoritarian government to be patient. We will get there eventually.

“Let us not, in the excitement of the change, lose our sense of reason, fairness and logic.

“I completely accept that those [who] have broken the law must be held personally accountable, whether in the courts or according to law.”

Timoci Vula is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz

Fiji Prime Minister Sitiveni Rabuka has already started work to achieve the People’s Alliance-led coalition 100-day plan outlined in its manifesto.

He recognises that things such as cost of living, water and electricity outages are existing issues that can be solved after a thorough review and consultative process.

In its manifesto, the party had stated it would consult on price control on basic and zero-rated VAT food items.

During an interview with The Fiji Times, he also voiced plans to grow the economy to a level whereby the revenue and expenditure could “harmonise continuously”.

“We cannot immediately effect reductions because the revenue forecast has been done in the last budget,” he said.

“At the moment, we do not see any signs of any sudden increase in our revenue so we do not want to suddenly increase some of the expenditures and we’ll probably run out this budget according to the forecast, and then bring in those measures that we would like to achieve [with] the budget target for the full budget year.

“But that’ll be after the 100 days. Those that can be done within the 100 days, we’ll have to do.”

Rabuka said he had already met with the permanent secretary of the Prime Minister’s Office and expected an informal Cabinet sitting on Thursday where they would be briefed on the country’s economic situation.

Shayal Devi is a Fiji Times journalist. Republished with permission.

Article by AsiaPacificReport.nz

Fiji’s new Deputy Prime Minister and Minister for Finance Professor Biman Prasad says the good policies of the government that are in place will continue.

He said policies would only change through consultation and dialogue.

“People understand the policy direction of the new government,” Professor Prasad said.

“But that does not mean that tomorrow, we’re going to change every policy or everything that was being done or has been done in the past.

“We will review — we will look at those policies. Good policies that are there will continue.

“It will never be about changing policies willingly without thinking through, without consultation, without dialogue.”

He said one of the hallmarks of the style of the new government would be to make policies with appropriate consultation, appropriate evidence and through dialogue.

“So that the implementation of the policy is not only simple, easy, but also that people understand generally the impact of those policies,” Professor Prasad said.

“So yes, we will do this with humility with understanding and keep good policies and build on good policies that are there.”

Rakesh Kumar is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz

Fiji’s long awaited 2022 General Election date has been decided — December 14.

This was announced through an official statement published on the Fiji government’s Facebook page today.

In the statement, it was announced that the Prime Minister Voreqe Bainimarama visited President Ratu Wiliame Katonivere this morning to advise that the general election date would be December 14, 2022.

The President was also advised on the dissolution of Parliament with effect from today.

Caretaker PM Bainimarama has been in power since a 2006 military coup that led to him becoming acting president and acting prime minister before being sworn in as prime minister following the 2014 elections.

He also spent several months in Australia earlier this year recovering from heart surgery.

Shayal Devi is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz

The Fiji government has refused to pay its grant since 2019 and did not allocate funding for its USP grant in the latest national budget.

Professor Pal Ahluwalia said the university had been able to keep operations going by prioritising spending, and cutting back on certain areas, like maintenance.

“The impact of not getting these grants from Fiji has been extensive on our students,” he said.

The university is a regional institution with 12 member countries paying grants based on the number of students attending.

Professor Ahluwalia said other member countries have been paying their contributions and are committed to keeping its operations going.

No sign Fiji government will pay up
RNZ Pacific reports that the Fijian government has no intention of paying the money it owes to USP.

In the Bainimarama government’s Budget estimates, no money has been allocated to the USP for third year after after it failed to get its way over the removal of the Professor Ahluwalia.

The debt is now estimated to be more than F$80 million (NZ$50 million) dollars.

This comes at a time when the Pacific Islands Forum (PIF), chaired by Prime Minister Voreqe Bainimarama, stressed at its summit the importance of regionalism.

The regional university, perhaps the best expression of this regionalism, is seen to be under threat because Fiji — the main beneficiary — is not paying its way.

Last year the two staff associations at the USP accused the Fiji government of conducting a vendetta against the Professor Ahluwalia by withholding the funding.

Staff at USP allege the Fiji government is still conducting a vendetta against the vice chancellor.

Ethical principles
The staff associations said that this was testimony to the ethical principles and good governance that Professor Ahluwalia had championed.

Other tertiary institutions in Fiji are set to receive substantial grants from the government.

According to The Fiji Times, the Fiji government’s budget estimates revealed eight higher education institutions had been allocated $48.9 million in the 2022-2023 Budget.

Grants will be given to University of Fiji ($2.3 million), Fiji National University ($45 million), Corpus Christi ($94,236), Fulton College ($103,918); Monfort Technical Institute ($338,912), Monfort Boys Town ($492,212), Sangam Institute of Technology ($114,411) and Vivekananda Technical Centre ($128,196).

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Foreign investors could be sent to jail in Fiji for breaking a new investment law, says the prominent Suva law firm Munro Leys.

The company said the “vague and unsatisfactory” new Investment Act could create greater uncertainty for foreign investors.

In a legal alert to its clients, Munro Leys lawyers also said aspects of the new law could do “more harm than help” and “poor legal drafting leaves us more confused and slightly alarmed”.

It said serious investors relied on the laws of their target country to give them certainty and transparency.

“The Investment Act, unfortunately, does the opposite. In place of transparency, there is significant potential for confusion and frustration,” the legal firm said.

Munro Leys criticises some of the wording of the new law as “vague and almost impossible to legally pin down”.

“If we don’t know who a ‘foreign investor’ is and when they are investing, it is impossible to know which rules apply,” the legal alert said.

New regulations criticised
The firm’s alert also criticised new regulations which required foreign investors to bring into Fiji their total investment amount within three months of “incorporation” and said an investor could be prosecuted for failing to do so.

“The penalty for the offence, for an individual, is a fine not exceeding $10,000 or imprisonment for a term not exceeding five years or both. Bodies corporate can be fined up to $50,000.

“To make matters worse, it’s not clear to whom this three-month rule applies. From a plain reading of the regulations, it applies only to those foreign investors investing in restrictive activities,” the legal advice said.

“However, the authorities appear to have expressed the view that it applies to all foreign investors.

“It is difficult to see the government prosecuting a foreign investor which does not bring in its money on time. But criminalising delay may create other issues for investors going to the legality of their investment and double down on the uncertainty that has already been created.”

Criticising Section 7 of the Act, Munro Leys said that an investor was required to send an investment proposal to the government for consent to invest in certain “critical sectors” but it was not clear what those sectors were.

“No one knows what the proposal should say, what criteria the minister will apply in his/her decision and how long the minister will take to approve it.

Other problems
“It seems that the government intends for regulations to be made to decide what sectors need ministerial approval. [But] with about a month to go before the new law comes into effect, there are no regulations.

“The problems are not confined to new investors.

“Existing investors, including those who complied with the old Foreign Investment Act, are not immune.

“They may now need to apply for permission to make new investments. Some companies who were not previous “foreign investors” may find they are now in that category (and vice versa).”

The Act will come into effect from August.

Questions sent to Attorney-General Aiyaz Sayed-Khaiyum, Fiji Commerce and Employers Federation (FCEF) and Fiji Chamber of Commerce and Industry remained unanswered.

Luke Nacei is a Fiji Times reporter. Republished with permission.

Article by AsiaPacificReport.nz