Confused about what the Rabuka government’s stance is on changing the 2013 Constitution? You’re not alone. Because the mixed messaging from the top has never been more confusing, with just six months now to the last possible date that the government can call an election in the first week of February.
On the one hand, we have the Prime Minister, Sitiveni Rabuka, saying publicly that the election – assuming it is held on time – may have to be held under the existing Constitution. And on the other, his Acting Attorney General, Siromi Turaga, saying the Constitution can be changed before the election.
Which is it? They are studiously refusing to clarify the confusion. But for the first time comes a clear message of what may be planned. And it comes from the closest thing we have to an intellectual in the iTaukei establishment – Ro Naulu Mataitini, the Rewa High Chief (Vunivalu of Nukunitabua) and member of the Great Council of Chiefs, whose long service as a United Nations staffer has also given him a world view beyond the vanua.
Unfortunately, what Ro Matataitini writes in an opinion piece for the Fiji Sun is highly alarming for anyone – and especially the minorities in Fiji – who saw some protection in last August’s ruling by the Supreme Court that the 2013 Constitution is the lawful constitution of Fiji and can only be changed by the mechanisms within it.
The Supreme Court modified those mechanisms – reducing the threshold for change from a 75 per cent majority of the parliament and a 75 per cent majority of the electorate at a referendum to a two-thirds majority of the parliament and a simple majority of registered voters at a referendum. Yet Fiji’s highest court still insisted that this was the only way the 2013 Constitution could be changed.
If we thought that was the end of it, we are being proved wrong. Very wrong indeed. Because it is becoming alarmingly clear that whatever the Supreme Court says, the iTaukei establishment – through the Rabuka government – plans to junk the 2013 Constitution altogether. Not modify it but replace it with a document containing the provisions it wants.
Of course, it will be portrayed as what the people want. But it will be what the ITaukei nationalists in the government and the GCC want because they hold sway over their supporters and control the mechanisms for change, especially the parliament.
How? Because they already have their two thirds majority after Sitiveni Rabuka bought off a significant slice of the previous Bainimarama opposition with cabinet positions. The plan is to use those numbers to secure the two-thirds majority to junk the 2013 Constitution BEFORE the election in February. Then hold a referendum on the same day as the election to obtain the 51 per cent approval of the people and presto – we will have a new constitution in February.
What’s the basis for Grubsheet reaching this conclusion? The following extraordinary article by Ro Naulu Mataitini in which he justifies this timetable, using equally astonishing comments by the former chief justice, Dan Fatiaki, which amount to both of them essentially saying this: It doesn’t matter what the Supreme Court decided last year. If the people want change, then that is what they should get.
In a nutshell, here’s how it will all work, according to Ro Mataitini in extracts of his article, starting with the astonishing premise that the rule of the mob takes precedence over the rule of law. And if the majority iTaukei want the 2013 Constitution junked that’s what should happen and will happen.
QUOTE: “The constituent power—the nation itself—is superior to any constituted power, whether that be Parliament or a constitution. If the people approve a new constitutional order through a free and fair referendum, no court can overturn that decision without placing itself above the sovereign will of the nation“.
And then how will it happen. Parliament, with the existing two-thirds majority, will pass the changes before the February election deadline. Then on the day of the election, there will be a simultaneous referendum where the people make a pronouncement on what the parliamentary majority has decided and then presto: If that referendum is passed, the new Constitution comes into force straight away.
QUOTE: “Some ask: if a referendum and election are held on the same day, which constitution governs? This is an administrative question, not a fatal legal flaw. Parliament can legislate for the new Constitution to take effect upon certification of the referendum result. The election can be conducted under the existing framework, with the new order coming into force simultaneously”.
For the minorities in Fiji, this is a terrifying prospect. Because in six months time, there would be a new supreme law formulated by the parliamentary majority controlled by Sitiveni Rabuka and then rubber stamped by the iTaukei majority in the country on election day.
Why is it terrifying? Because we still don’t know what is envisaged. But we can be damn sure that if the People’s Alliance, SODELPA and the Great Council of Chiefs went to last year’s Supreme Court hearing wanting the 1997 Constitution reinstated, all of its provisions will be in the new document.
That includes an electoral system stacked in favour of the iTaukei majority, the English term “Fijian” restricted to iTaukei and the rest of us “Fiji Islanders”, the Great Council of Chiefs having the legal power to make major appointments and decide national policy and iTaukei paramountcy/supremacy entrenched.
Make no mistake, Fiji. The central provisions of the 2013 Constitution are now under immediate threat – the common and equal citizenry (equal opportunity and equal votes of equal value), the common identity (everyone “Fijian”) and perhaps even the secular state (no one religion favoured over any other), though this was in the 1997 document.
Incredibly, Fiji’s minorities face being turned into second class citizens as soon as the next election is held. If these people have their way, the existing protections of the Supreme Court will be gone. Why? Because that’s what the iTaukei elite wants, including presumably the RFMF Commander, Major General Ro Jone Kalouniwai – himself a member of the GCC – who says he has no intention of intervening to defend the 2013 Constitution, which is what its architects envisaged.
Make no mistake again, Fiji. We are again facing the tyranny of the majority and there will be no-one – absolutely no-one – to defend the minorities from this extraordinary power grab. If you are a member of the minorities you have two choices: Fight like hell against this power grab before it is too late or get the hell out of Fiji and move to a proper democracy which upholds the rule of law and equal rights for all its citizens.
And if that isn’t scary enough, Fiji, here’s another sobering thought. If there’s a referendum on a new constitution on the same day as the election, it won’t matter a jot if Rolex Rambo and his gang are thrown out of office. Their legacy will remain in a supreme law they formulated that a new government of whatever hue will be obliged to follow.
And they accused Frank and Aiyaz of a stitch-up! At least they made us all equal before the law. While for this lot – with their snouts firmly in the trough for the past four years – some pigs are more equal than others and they want that entrenched in Fiji’s supreme law forever.
So that means there will be 2 passports in Fiji haha
1.Nationality Fijian and
2. For minorities, Nationality Fiji Islanders…
We have to have three passports – for Fijian, Fiji Islander, and Kaindia.
I’m not sure if that’ll be all-inclusive though.
Personally, vulagi will work just fine.
Chinese. Japan. Whites, half-Whites, half-indian (simpsons),half chinese Rabi, Kiribati, other Micronesians, Polynesians, other Melanesians, cross breeds, half breeds, baboons, monkeys, dogs, pusi, and cats. Too many.
I guess they’ll weigh in when the time is right, hana? Write.
Spot on GD.
Rabuka is now doing legally what he set out to do illegally in 1987. And this time supported by the likes of Biman Prasad and the NFP and other institutions, now loaded with ethno-nationalists. Of course the i-taukeis believe, notwithstanding the posturing, that under a right wing ethnonationalist regime, they cannot lose!
In the meantime Biman and the NFP are trying to ensure they can win some seats by proposing an expanded 70-seat Parliament. The lack of support for the NFP is so glaring that they seriously fear its complete annihilation at the next election.
This is exacerbated by the internal conflicts within NFP with Pio and Lenora demanding the removal of Biman Prasad as Leader while his case is being decided. Of course Pramod Chand, the puppet President, knows he too would be casualty without Biman.
So lots of dramas being played out but the most serious is the one you allude to with minorities being reclassified as second class citizens.
Never trust a Rewan.
Kepa, Mataitini, Rayawa, Tuisawau.
All monkeys from the same tree.
You Hindis better escape whilst you can.
Finally more evidence of what has been suspected to be going on behind closed doors.
All along Rabuka’s agenda has been about reinstating the GCC and changing/replacing the Constitution so the entitled become wealthy.
Every other (except Bush) shenanigans has been about lining up his ducks for this.
Nothing for the everyday lives of Fijians. All about power for the elite and all symbolised by that gaudy watch.
Keep up the fabulous work Graham and I hope your recovery is getting easier by the day!
I am still thinking if one can eat the land ? Clearly without the miniorties “Fijian” will still be eating boiled shoe.
The one man who will be remembered in the history books is Biman, the one who supported and didnt have the b*lls to go against the master because he knows very well that if he does so, he will be in Naboro .
Have been saying this for a while.
Why are the Indo Fijians surprised?
Can’t you idiots take a hint that you are unwanted in Fiji?
Your views are irrelevant, more so now after the Uncle Toms shafted their own for the baubles of office.
The silent majority need to wake up and move on.
Leave Fiji to the iTaukei and their feudal lords.
And like Daniel says get out while you can, Hindis!
In a referendum, if the majority of people vote for no change to the 2013 constitution, what would the Ratu do then? Change it anyway despite the authority of the people !?
The Ratu may come across as intellectual, but his position is as unbiased and solid as shifting sand on most matters he raises – to suit his own agenda. Resents the colonialists yet happy to enjoy the benefits of their labour and thrift.
Looking at that photo and the glee on his face one can tell why the chiefs want that lifestyle. So that the ordinary will continue serving and the ordinary will nod and say they love doing that.
we all know the ’13 constitution could be binned without any approval based on the sheer fact it was implemented by an unelected junta that wormed its way into power….
I say the sooner the better.
Again, you are ignorant of the law. The Supreme Court – Fiji’s highest – ruled last August that the 2013 Constitution is Fiji’s legitimate supreme law. And an idiot like you saying otherwise has all the power of a fart in a hurricane. Pffft.