gcc_regulations_2008
Above is the link to the PDF Version of the GCC regulation by the Interim Government.
Below is the reported outcome of the Bose Vanua of Namosi as reported on fijilive.com on 24/04/08
Chiefs of Namosi Province today rejected the proposed restructure of the Great Council of Chiefs and establishment of the National Council, both introduced by the interim Government.
The traditional leaders of the province’s five districts met in Navua Town today in the ‘Bose ni Turaga ni Vanua’ before hearing submissions from the GCC taskforce and a team promoting the National Council to Build a Better Fiji (NCBBF) and the People’s Charter.
Spokesman Ratu Romanu Matanitobua confirmed the decision reached by the chiefs soon after the meeting.
He said the chiefs would still allow the two visiting teams to make their presentations to the Bose Vanua later today.
“But that will not change what we have decided. We will let them know of our stand after they make their presentations,” he said.
Ratu Romanu said the district heads decided that if its high chief, ousted Cabinet minister Ratu Suliano Matanitobua, is not allowed to be part of the new-look GCC then they can not support the restructure.
He adds, they also resolved to take their cue from the Rewa Province that also rejected the Charter and GCC changes at the Rewa Provincial Council meeting last week.
The head of the Rewa Province, ousted Education Minister Ro Teimumu Kepa, is also head of the Burebasaga Confederacy, which includes Namosi.
“We are part of Burebasaga, if Rewa is not in support then we too will not support,” said Ratu Romanu.
Ratu Romanu said the Namosi Provincial Council, which is yet to meet, will endorse whatever the Bose Vanua decides.
The interim Government intends to convene the GCC mid-year with new membership criteria.
It will exclude chiefs who are active in politics.
Now read this news media report on Saiyad Kayum’s Thesis recommending the weakening of Fijian Institutions:
Cover Story: KHAIYUM’S ROADMAP
AG’s thesis casts doubts on chiefs’ body, Fijian loyalty
Samisoni Pareti
Fijian institutions like the Bose Levu Vakaturaga (Great Council of Chiefs) and the Fijian Affairs Board should have evolved or be dissolved over time if they were to keep abreast with the changing needs of indigenous Fijians, a key member of Commodore Frank Bainimarama’s regime had suggested.
The perpetual existence of these creatures of British rule could only put such Fijian institutions in a ‘time warp’ and give rise to the consolidation of power to and “self-preservation” of an elite few.
Aiyaz Sayed-Khaiyum when writing his thesis for a masters in law degree at the University of Hong Kong in 2002, had also raised the possibility of these institutions operating independently of the state.
This, he wrote, would not only weaken the state but also throw into question the allegiance of Fijians to the nation-state.
Observations Khaiyum made in his thesis titled ‘Cultural Autonomy-Its Implications for the Nation-State’ has become much more relevant in light of recent pronouncements and actions of the interim government of which he is the attorney-general.
Not only has the interim regime suspended the operations of the Bose Levu Vakaturaga (BLV) after the chiefs rejected its nomination for a vice-president in April, the interim government has also announced its intention to review and most probably change the membership of the chiefly body.
BLV review will continue
Work on this, however, is in doubt after the European Council-following its meeting with three senior ministers of Bainimarama’s regime in Brussels last month (that included Khaiyum)-issued a strong statement calling for, among other demands, the preservation of the “substantial independence and functioning of the Great Council of Chiefs (GCC)”.
FIJI ISLANDS BUSINESS has learnt however that the legal advice given to the interim regime has given it the thumbs up to continue with the proposed review and changes to the membership of the BLV, saying it is proper under the law.
The council was not created by the 1997 constitution like other constitutional offices, but set up through an act of parliament.
As such, the minister responsible, in this case Ratu Epeli Ganilau as Fijian Affairs minister, is perfectly well within his rights to be doing what he has proposed to do, and this, according to the legal opinion, would not be in breach of the European Commission’s demand.
Since the December 5 coup last year, Bainimarama had also on several occasions spoken publicly of his desire to introduce common roll into Fiji’s voting system. This was another key point of Khaiyum’s thesis.
Calls for common roll not new
In fact he argued that the two issues of common roll and the dismantling of the Fijian institutions like the Bose Levu Vakaturaga shared a common historical link.
Khaiyum wrote that when Sir Everard im Thurn, who became governor of Fiji in 1905, introduced his policy of ‘galala’, or greater freedom to indigenous Fijians, “some European members of the Legislative Council wanted indigenous Fijians to be made “free men” by ridding them of separate administration, which they also viewed as being financially mismanaged.
“Yet the European settler representatives in the Legislative Council made an about-turn in their individualisation mission when the girmitiyas started agitating for the right to vote and common franchise based on a common roll.”
In appointing Khaiyum into his cabinet in January, it is not clear whether Bainimarama had known about the young lawyer’s strong views about the Fijian administration and the very detailed research and analysis he had given it in his thesis.
‘Chiefly system must go’
“Cultural autonomy must have a sunset clause,” Khaiyum wrote in his conclusion.
“Its prolonged continuation will place a stranglehold on the very members it seeks to protect and it will concomitantly disallow the critical cultural space in which a just, vibrant and coherent nation-state can flourish while embracing diversity.”
That observation was preceded by a quote from the late Siddiq Koya, then a young, fiery National Federation Party orator in Fiji’s pre-independent Legislative Council.
“Why should there be poverty in the village? The place is your own, yet you are imprisoned.
“We are telling you to wake up! We want to give you the right that God gave you.
“Think for yourself who you are-you are a man!
“We want to give you the honour and dignity due to you.
“You are a man, you are an individual, and I respect you.
“But for goodness sake, your old chiefly system must go!
“It is not helping you, it is not helping this island, it is not helping us. So let’s change and move forward!”
‘Cartel of leaders’
Khaiyum’s research showed that calls for the abolishment of Fijian institutions like the BLV were nothing new, tracing it back to the administration of colonial governors like im Thurn.
He cited numerous reports compiled during the 1950s that spoke of the need to inject changes into the Fijian administration, and the resistance to such calls by people with vested interests like Ratu Sir Lala Sukuna.
“The Spate’s comprehensive report of April 1959 which examined the ‘economic problems and prospects of the Fijian people’ brought to the fore that separate administration was no longer useful.
“He noted Sukuna’s interpretation of culture and his solution through a (re) structured separate administration ‘were biased by his half conscious vested interest in a society in which chiefs were chiefs.’”
Later, Khaiyum went onto observe: “European contact in Fiji was primarily in the East/North which consequently led to the confirmation of a new chiefly elite from those regions.
“This led to the establishment of a cartel of hereditary leadership families and their cliental network.
“Madraiwiwi (Sukuna’s father), Sukuna, Cakobau, Mara, Ganilau and lately Qarase have all been beneficiaries of this bias forged through the perpetuation of the separate administration.
“On the other hand, those such as Bavadra and Gavidi, westerners were not accepted and were outsiders-did not represent indigenous Fijian culture-since they encroached upon the territory of the establishment clique.”
Allegiance to state
That separate and autonomous bodies like the BLV could work against the state, Khaiyum said, was evident in the coups of 1987 and 2000.
Such a state of affairs should be worrying as it could also throw into question the loyalty of Fijians to the state.
“The manner in which the separate institutions reacted to and were utilised following the election of the Labour coalition governments and their subsequent overthrow in 1987 and 2000 demonstrated that separate institutions (Fijian Affairs Board, Bose Levu Vakaturaga, Bose ni Yasana, Bose ni Tikina, Bose ni Koro) were perceived to be and indeed viewed themselves to be independent of the institutions of the state.
“Autonomy or more appropriately the institutions of autonomy can become completely independent at the expense of superseding the institutions of the state-coming into direct conflict with the state and creating and perpetuating the ethos of the particular race and difference.
“This ultimately creates not only a very weak state but also stunts the growth of nationhood.
“In other words, cultural autonomy could provide benefits to minority groups, however culture-based institutions could get caught in a time warp and subsequently not responsive to the changes and needs of the group which has autonomy.
“Indeed one of the effects of creating culturally autonomous institutions which invariably is in relation to the ‘other’ is the homogenising of the identified group.
“This process increases the propensity to relegate and ignore intra group inequalities and injustices such as socio-economic and gender issues. At the same time, by placing too much emphasis on culturally autonomous institutions, individuals and groups could have the tendency to not only become insular but also have negligible levels of allegiance to the nation-state.”
Military ineptitude
The role of the Fiji military was hardly mentioned in the in the interim attorney-general’s thesis. All it got was one or two paragraphs in the preface of his paper.
“Mahendra Chaudhry’s reign as Prime Minister lasted only a year. He and members of his cabinet were taken hostage by a George Speight and seven armed ‘gunmen’ on 19 May 2000.
“One would have thought that given the few number of kidnappers a rescue of the Prime Minister and cabinet in particular by the Fiji Military Forces, which prides itself in its military prowess, was obvious and a relatively easy task. However this was not to be.
“The ineptitude, inertia and reluctance displayed by the military and other law enforcement agencies in the first few weeks of the crisis allowed the kidnappers a free hand in mustering support at the parliamentary grounds for their ’cause,’ holding the Prime Minister and his Cabinet in captivity for 56 days.”
Below was an assessment presented to the Rewan Provincial Council Meeting (In Fijian and English):
Na Leqa Bibi Ni Peoples Charter/ Problems About the People’s Charter.
1. Bucini mai ena kaukauwa ni dakai ka vakagalala taki kina na Matanitu eda a digitaka na lewenivanua; Formed from the illegal overthrow of an elected government through the power of the gun.
2. E vakarorogo kina Interim Government baleta ni liutaka na NCBBF na Interim PM, Minisita kei ira na dau veitokoni ni Labour Party; Lacks independence and is just an instrument of the IG to further its agenda noting that IG PM and Ministers chair or co chair committees.
3. E bucina mai o John Samy kei Francis Narayan, e rua na dau veitokoni kina Labour Party; Drafted and masterminded by John Samy and Francis Narayan two long time Labour supporters and funders.
4. E veicoqacoqa keina Yavu Ni Vakavulewa ni 1997 ka cala tu vakalawa; Inconsistent with 1997 Constitution as shown time and time by leading legal experts.
5. E tu taka mai e dua na Viti ka sega ni kilai kina na kawa tamata ; se eda I Taukei (Kai Viti) se sega (ie creation of a non racial Fiji); It de-identifies imdigenous Fijians by its ultimate objective to create a non racial Fiji.
6. E na kena tarai cake e dua na Viti e sega ni kilai kina na kawa tamata (creation of a non racial Fiji); eratou sa vakatura tiko na Electoral Commission ka vakadeitaka na NCBBF me veisau nai walewale ni veidigidigi ka me sa Common Roll (one man one vote) ka me sa biu laivi nai dabedabe vaka kawa tamata wilikina na I dabedabe ni Taukei (Fijian Communal Seats); It disenfranchises the Fijian people as a group to be represented as a people in Parliament as confirmed by the latest NCBBF releases which is working to abolish Fijian seats and introduce an all Common Roll. This is an insult to our chiefs and people who have since the Legislative Council days opposed this move so as to ensure that the rights and interests of the Fijian people are protected and upheld in Parliament.
7. E vakalusia nai lavo ni Matanitu ena gauna dredre e da sotava tiko e dai (e saumi tiko e $772,080 kivei ratou e lewe 5 na dau ni vakasala mai valagi ena loma ni 10 na vula; rauta e $10,000 kina $12,000 dua na tamata dua na vula); It is an expensive exercise and a waste of money noting that the cost of just 5 consultants over ten months would be in excess of $700,000.
8. Sega ni tokoni mai na vei Matanitu tale eso (International Community); It has no credibility and support in as far as the international community is concernid.
9. Veicoqacoqa kei na Lawa ni Dodonu ni Taukei Ni Vanua (UN Declaration on Rights of Indigenous Peoples) ka a vakadonuya na Matabose Levu kei Vuravura (United Nations General Assembly) ena vula ko Seviteba 2007. E voroka na People’s Charter na Dodonu ni noda mata taki kina Palimedi, Dodonu me da vakaduria ga noda vei mata bose, Dodonu me rokovi noda vosa/ I tovo vakavanua, Dodonu me da vaduria ga noda koronivuli, Dodonu me da cicivaka ga vaka taki keda noda liutaki keina veivakatorocake taki.
It totally contradicts the UN Declaration on the Rights of Indigenous People passed by the General Assembly in Sept 2007 where Fijians as a people have a right to be represented in Parliament, to be consulted on changes to their institutions, to have their own forms of governance and education and for their cultures and chiefs to be respected.
Na Leqa Bibi Ni Veiveisau ni Lawa Ni Bose Levu Vakaturaga (Fijian Affairs Great Council of Chiefs Regulations 2008)/ Problems about the GCC Regulations 2008.
1. Cala tu Vakalawa; It is an illegal promulgation forced by the power of the gun.
2. Sa vakadeitaka oti na Bose Levu Vakaturaga ena 2007 ni na sega ni tokona edua na Matanitu e cala tu valalawa (Illegal Government); The GCC had already resolved that the IG is illegal so will not support it;
3. Tikina 3(2) – me mata ga na Turaga I Taukei; vakacavi ira na sebera ni vakadeitaki, o ira sa toso na yabaki ni bula, o ira na gone vuli vinaka??
Section 3(2) is impractical ie only Turaga Taukei to be members – what about those not installed, educated chiefs but no installed? It is counter productive.
4. Tikina 3 (3) – Oath of Allegiance to President ; me dua na vosa ni yalayala ni veitokoni : baleta na cava? Oqo e vaka e dua nai vesu.
Section 3(3) – Why have an Oath of Allegiance? This is designed to subjugate the chiefs to the whims of the IG.
5. Tikina 3 (5) – Me Liuliu ni Bose Levu Vakaturaga na Minisita ..baleta. Oqo e dua tale nai vesu me lewai tiko kina na BLV.
Section 3(5) Minister to Chair – this is also a way for the IG to control the agenda and outcomes. It is an insult for Voreqe to Chair after he told GCC to sit under the mango tree and drink homebrew.
6. Tikina 5(2) – E rawa ni veivakasakei na Minisita.
Section 5(2) – the Minister can terminate. He has too much power and is a means of control to manipulate the GCC for his own ends.
7. Tikina 6 (d) – Tabu me dua e tu ena politiki se lewe ni Palimedi se Seneti e lewe ni BLV yacova ni oti e 7 na yabaki maina gauna e tu kina ena Palimedi/ Seneti. Oqo gona nai vadi lawaki me kua ni curu na Marama Roko Tui Dreketi, Turaga Tui Cakau keina na Turaga Tui Namosi.
Section 6(d) - 7 years standown period. This is meant to exclude chiefs such as Roko Tui Dreketi, Tui Cakau and Tui Namosi as they are opposed to IG.
Kenai Kau
Ni da dikeva na veiveisau, e sa kenai naki ga me ratou lewa na IG na Bose Levu Vakaturaga, lewa o cei me lewena, ka me rawa kina ni ratou rawata kina na IG nai naki me digitaki totolo na vukevuke ni Peresitedi eratou vinakata tiko.
Conclusion
The GCC Regulations (200
is designed for the IG to control the membership and hence the agenda and outcomes of the GCC so as to choose their own Vice President who will replace Rt Iloilo and who will continue to pass promulgations to change the electoral system by abolishing the Fijian Communal seats, manipulate boundaries and ultimately delay the elections to suit the Labour Party and its allies.
It is obvious that Charter, GCC changes, downgrading of Fijians Affairs originates from Khaiyum, John Samy and Labour while Voreqe and Army are just the dumb tools.
Pls post anonymously in Solivakasama with your own assessment.