THE NEW ORDER BEGINS.
This was the reset button that Bainimarama and his colleagues had been preparing for as their façade of legitimacy became more and more difficult to sustain by the start of2009. For the majority of Fiji’s citizens, the change ushered in an unfamiliar world of media censorship and junta dominance but, for older citizens, it brought forth memories of the dark
days that followed Rabuka’s own reset on 25 September 1987, although with one substantial difference. Whereas Rabuka quickly accommodated those he opposed after his second coup, this time there could be no
accommodation and hence no foreseeable end to the drama. Coup 4.5, as some on social media referred to it, had two agendas: to complete the weakening of once powerful institutions such as the GCC and Methodist
Church, and to hasten Fiji’s transformation without distraction from political parties and courts. But, even with the military as the only
institution standing intact, the path forward proved difficult. Old issues did not drop away and past behaviours continued to distract.
Most importantly the reset did not come with a new operating system to download. That had yet to be assembled.Nonetheless, Bainimarama fronted the nation two days after the abrogation with confidence: ‘We must rid ourselves of our past prejudices, our past negative influences; we must be focused on building a better Fiji.’ And he outlined the tasks ahead: the introduction of modern governance systems,
a liberalised economy, better roads and water supply, the eradication of systemic corruption, the integration of land as a benefit for indigenous Fijians with national economic growth, and the removal of politics from
government decision-making. ‘We cannot be beholden to petty politics, communal politics, provincial politics and religious politics,’ he argued.
The Appeal Court had tried to force Fiji to an early election under the old system, but the majority of people wanted electoral change first he claimed. Hence the abrogation of the Constitution to make way for
reforms and the introduction of Public Emergency Regulations (PER) to prevent opposition from stalling reforms. Freedom of speech had caused problems in the past; now government alone would make decisions.158
Later, at a pre-budget consultation, he declared, ‘We need to change people if they don’t think the way we want them to think’. Until an elected government returned, ‘we need to keep people in line’.And it did. Over the course of 2009 and subsequent years a long series of decrees and government pronouncements began to reshape governance and the basis on which Fiji’s citizens interacted with each other. Courts were forbidden to entertain anychallenge to the abrogation of the Constitution or to any decree issued after 5 December 2006.
Some lawyers and judges in Suva and Lautoka – on the recommendation of the Fiji Law Society (FLS) President, Dorsami Naidu, turned up to the courts on the first working day after the Constitution had been abrogated. Police prevented them entering and detained Naidu. Almost immediately the FLS lost its power to issue practising certificates to lawyers or to investigate complaints. A new chief registrar, Major Ana Rokomokoti, fulfilled that role. She and six government officers raided the FLS office to obtain complaint files against FLS members. Police also seized files relating to military personnel held at the DPP’s offices. The DPP, Josaia Naigulevu, and his assistant were dismissed. Shortly after, a new Office of Accountability and Transparency came into being to administer code of conduct and freedom of information decrees and, by the end of the year, an independent Legal Services Commissioner oversaw the performance of
lawyers. There were other significant changes also. The legal age became 18 years, a change that placed women and men on the same footing for the first time and removed parental approval for those under 21 seeking to marry. Civil servants, with few exceptions, had now no choice but to retire at 55 years.
Dual citizenship, again with full future voting rights,
also became possible for the first time.
The abrogation of the Constitution and the dismissal of all judges effectively closed down the justice system until new judges and magistrates could be appointed. For six weeks no chief justice existed until Gates resumed the position. Meanwhile, the public lost all legal protection against human rights violations. The police and military continued to detain and intimidate human rights activists and known critics.
Driti made clear what they might now expect:
There are only a few people who I could term as adversaries – but I would discourage them from doing anything … otherwise they will be in for something really hard in terms of how we will treat them this year.
Lawyer Imrana Jalal had been threatened with rape immediately after
the 2006 coup by a mystery phone caller she suspected was military. She
believed that the same military lawyer who had orchestrated the call was
using FICAC to persecute her and her husband, Ratu Sakiusa Tuisolia, an economist and former deputy CEO of Rabuka’s prime ministerial
office in the mid-1990s. Tuisolia had been dismissed as CEO of Airports Fiji Ltd after the 2006 coup, the Nadi airport business he transformed from a loss-making venture in 2003 into a profitable operation. Facing
unemployment, Tuisolia established a restaurant business in Suva – the
Hook and Chook – with his wife as a partner. Immediately FICAC pounced. The couple had briefly operated their restaurant prior to
receiving a licence. Normally only a $20 council fine, the infringement suddenly became a major issue for the corruption body. When in late
2009 a magistrate pointed out the inappropriate use of resources being devoted to a case she believed outside FICAC’s jurisdiction, she – like other magistrates who opposed FICAC submissions – had her contract
terminated. In 2010, the High Court finally exposed the futility of its pursuit of Tuisolia but, of course, FICAC did not really seek judicial resolution; rather it sought to wear perceived opponents down. At the start of 2010 a new decree provided a different weapon to use against critics of the regime – the removal of pension rights. Rabuka became one
of the first affected.
Sometimes intimidation brought physically damaging consequences, as Iliesa Duvuloco and five nationalists discovered when they were arrested on 17 April for distributing pamphlets and severely beaten. George
Speight’s brother, Samisoni Tikoinasau, met a similar fate for distributing anti-government DVDs in early 2011. Other former politicians, like Mere Samisoni, were harassed. At the end of 2011 she and four former politicians were detained for four days and charged with inciting political violence. Trade unionists were also an easy target, although many union leaders had quietly supported the coup. But with Chaudhry’s departure from government, a falling-out began which escalated in mid-2011 when
news leaked of government proposals for an Essential National Industries Decree designed to depoliticise and curtail union activities in banking, telecommunications, utilities, broadcasting and aviation industries.
At the urging of the Fiji Trades Union Congress (FTUC), unable to directly challenge the decree, the Australian Transport Workers Union
briefly threatened industrial action, while the Australian Council of Trade Unions (ACTU) urged Australian businesses to stop importing Fiji-made garments. Both actions endangered two crucial industries. Exports in the garment sector were already down 25 per cent since 2009. A similar call for the United States to end preferential access for Fiji goods also
threatened Pacific Fisheries Company’s (PAFCO) tuna and Fiji Water’s exports. Consequently the government moved quickly. Police broke up a FTUC meeting in August 2011 and banned further union meetings,
even social events. It regularly arrested and detained union leaders like
Felix Anthony and Daniel Urai, who did not always help their cause by appearing with anti-government coalitions in Australia that called for the government’s dismissal. Towards the end of 2011, the government reinforced its anger by turning back a five-member ACTU delegation.
In September 2012, it asked an International Labour Organization (ILO) delegation to leave Fiji.The government had long viewed the human rights community as a thorn
in its side because of its incessant public commentary. For example, in May 2011, FWCC director Shamima Ali claimed that it was all very well to issue decrees prohibiting violence against women, but she wanted to
see the law actually implemented. Two months later, in a similar vein, the FWRM executive director, Buadromo, urged police to implement
a gender sensitisation program before beginning campaigns against sexual
offending. The government welcomed neither input.
The Commissioner of Police, Brigadier General Ioane Naivalurua, told Buadromo to come
into the ring and not talk from the outside: ‘If she has nothing to offer, then she should shut up’. When she did not, they dragged her from an internal FWRM planning meeting and closed it down. But Buadromo was not easily cowed.
For high-profile dissidents such as Methodist officials, harassment did not usually arrive with direct violence. In February 2010, 15 ministers
were detained after disregarding an order to prevent known Taukeist church ministers, like Manasa Lasaro and Tomasi Kanailagi,attending its planned annual conference, the Bose Ko Viti, in August. General Secretary Rev. Tuikilakila Waqairatu warned Bainimarama of bloodshed should the conference not go ahead at Lomanikoro in Rewa, the home of Ro Teimumu Kepa, Marama Roko Tui Dreketi and head of the Burebasaga confederacy and a former SDL Education Minister. That action resulted in seven additional ministers and Kepa being detained and charged with contravening the Public Order Act, breaching PER and inciting public disorder.
For some Fijians, Kepa’s arrest demonstrated the risks inherent
in using Church affairs to advance political agendas. Bainimarama told the Church to refrain from politics and practice being peacemakers and nation-builders instead. When they continued to resist conditions
placed on future meetings, he banned the Church from holding its annual conference, in all likelihood – he said – for the next five years.
Shortly after Bainimarama dealt a similarly decisive blow to another rebellious Fijian institution, the GCC; with the abrogation of the Constitution, he declared, it no longer existed. He also announced Iloilo’s retirement as
president. In a further snub to the defunct GCC, he replaced Iloilo with the candidate the GCC had refused to endorse as his deputy, Ratu Epeli Nailatikau.There were, of course, other political issues left hanging by the
Constitution’s sudden abrogation, but the government was in no mood to be rushed. It announced a new National Dialogue Forum to replace the aborted PPDF in February 2010, stating that this time political parties or
communally based organisations could not be represented. Additionally, participants would have to accept the charter, keep focused on the future, and have no criminal record or be facing criminal charges. To make his intentions clear, Bainimarama announced that he would step down in 2014. Consultations for a new constitution would not begin for another three years, however, but once developed the Constitution would mandate racial equality, incorporate the provisions of the People’s Charter, and provide for a common name for all citizens to build social cohesion.
To that end a new office for a Strategic Framework for Change began implementing the Charter, amending the criteria for scholarships and directing that all race-based names of schools be changed. In September 2009, the Fiji School of Nursing announced that, henceforth, entry would be determined only by grades and geographical criteria, not race.
A decree in 2010 officially changed the term used to describe indigenous Fijians to iTaukei. Henceforth all Fiji’s citizens were Fijians. But, on the constitution itself, there was little movement. The National People’s Charter Advisory Council urged Bainimarama in May 2011 to fast-track constitutional development and to that end recommended the establishment of a Constitution Commission.
At the Attorney-General’s conference in December, Aiyaz Sayed-Khaiyum outlined the overriding principle behind future elections: one person, one vote, one value. Voter
registration for national and municipal elections would be centralised.
Electronic voting might be considered, but there would be no more
ethnic voting.When Bainimarama introduced the Strategic Framework for Change on television in July 2009, he specifically focused on non-political issues, in particular land and government reform. The National People’s Charter Advisory Committee would establish a monitoring centre to grade the progress of reform in all ministries and departments. A year later, Bainimarama announced that the military would align its corporate plan
with the People’s Charter and hold regular meetings with the Strategic Framework for Change Committee. It is difficult to determine exactly how transformative these decisions were.
With land, however, there were
more than just progress reports. The Agricultural Landlord and Tenant Act
(ALTA) disappeared under a new land-reform program, replaced by the
Native Land Trust Act with leases up to 99 years possible. Bainimarama promised to make the distribution of lease monies to landowners more equitable, and to make more land available for productive use, especially idle land. A land use bank would see to that. He repeated his stand when foreshadowing land reforms in December 2009. He would protect
Taukei land ownership and tenant security, but he would also ensure the fair distribution of rental income. When the Commissioner Western addressed the Ba Provincial Council a year later with firmer details, the chiefs – principal beneficiaries of existing laws – were clearly unimpressed.
The goose still laid golden eggs but no longer for them. Bainimarama wanted rural Taukei integrated into the modern economy, not serving the demands of the chiefly system. The chiefs lost access to 30 per cent of lease monies. Except for the 15 per cent that went to the NLTB, later reduced to 10 per cent, all lease monies were now distributed to mataqali members equally.
A Land Use Decree in 2010 enabled unused native and crown land to be put into a land bank that the government could use to attract new investors. Sixty per cent of mataqali members had to agree, but the bait lay in their potential to earn 100 per cent of lease monies.
Communications also formed part of his strategy, in particular its management. In December 2009, he formed a Central Agency for Roads, which merged the 13 different organisations previously responsible for
overseeing Fiji’s 9,000 kilometres of roads.186 For Bainimarama, after three years of politicking, such changes in direction assumed new importance.
The economy had to be kickstarted; constitutional change came a poor
second in terms of priorities. He had told the media as much in the month before the Constitution’s abrogation. Few understood his intent at the time.
There were obvious reasons for Bainimarama’s focus. His coup had robbed
Fiji of any prospect of growth. The economy contracted sharply in 2007 and again in 2010, in part because of rising food and fuel costs.
The global recession also impacted on tourism, although Australian markets were
shielded and Fiji became more attractive as a tourist destination for cash-strapped New Zealanders. Cane farmers continued to experience declining returns (down 36 per cent since 2006), their predicament worsened by
the loss of EU aid for sugar reforms. Over 3,000 growers abandoned the industry between 2006 and 2009, precipitating a 45 per cent collapse
in sugar production by 2011.188 In September 2009, the government scrapped the farmer-funded Sugar Cane Growers Council in a bid to reduce the influence of rival cane-grower bodies at a time when increased
road charges bit into farmer pockets.189 The Sugar Marketing Board also disappeared as part of a savings drive. Remittances were now the only bright spot in the economy, helping to keep the country afloat.
Tight foreign exchange controls (which remained in place until late 2011) and a currency devaluation of 20 per cent swiftly followed the launch of the ‘new legal order’ in April, pushing inflation to over 9 per cent and shrinking economic growth to negative 1.4 per cent in 2009; hence the perceived importance for civil servants to retire early.
Compulsory retirement forced nearly 2,500 civil servants out by mid-2009. By planning to reduce civil service numbers from 26,000 to 20,000, the government hoped to lower salary costs by 20 per cent. Ending the provision of housing for many public servants also cut costs.
In addition, it planned to turn government departments, such as those dealing with water and government supplies, into statutory bodies in order to
raise productivity. Here too were shades of Rabuka’s ‘New Fijian’ privatisation programs after 1987. Necessity drove uncomfortable similarities. A 3 per cent increase in bus fares pushed ECREA to collect 20,000 signatures demanding reduced fares for school children. Stung, Bainimarama granted free bus travel for school children and included in the budget for 2010 a new food voucher program for the elderly and disabled, adding bus concessions for them also in 2011.
Additionally, squatter assistance and relocation programs, housing-rehabilitation loans, improved family assistance, free text books and caps on school fees projected government resolve to assist the poor. A new low-cost housing project for nearly 2,000 families began with Chinese support at Tacirua East in Suva.193 It would never be enough.
By early 2010 new estimates placed 45 per cent of the population in poverty and the government applied for an IMF loan of $1 billion to pay for all its proposed civil
service, public enterprise, FNPF, land and agricultural reforms. By the close of the year, government debt and liabilities comprised 92 per cent of GDP, far above the 60 per cent level recommended by economists.
To compensate, the government increased VAT from 12.5 to 15 per cent, but lifted its imposition on basic food items. The end result could only be less growth and more pain.
The state of the economy demonstrated the dangers facing the new legal order. With emergency regulations extended every month and imposing indefinite censorship, with critics once more arrested, detained, prevented from leaving the country or forbidden to speak at conferences, it was hard to see how the government truly believed that it enabled a ‘stable socio-political platform conducive for nation-building initiatives’.
No news is not always good news, and silence is not necessarily golden; certainly not for investors pondering the potential Fiji offered. If anything PER weakened confidence and provided the diverse opposition a platform on
which they could agree. At the forefront of this contest lay the media and foreign governments. Neither survived their exchanges well.
Lex Vula
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