# PONTIUS PILATE WASHES HIS HANDS AS THE RIGHTS OF FIJI’S MINORITIES ARE CRUCIFIED

The Republic of Fiji Military Forces has a duty under Section 131 of the 2013 Constitution – which it played a major role in formulating – “to ensure at all times the security, defence and well-being of Fiji and all Fijians”. Yes, all Fijians irrespective of ethnicity or religion.

In 2006, the RFMF removed the ethno-nationalist government of Laisenia Qarase specifically because it was attacking the security and wellbeing of non-indigenous Fijians with a blatantly pro-indigenous agenda that included charging other citizens to use collective resources such as beaches and open waters. The then RFMF Commander, Frank Bainimarama, went on to preside over the introduction of the 2013 Constitution that established for the first time in Fiji, a common and equal citizenry, a common identity and a secular state. And also for the first time, introduced a Bill of Rights for all citizens.

The current RFMF Commander, Major General Ro Jone Kalouniwai, took part in the 2006 coup (he certainly didn’t resign) and climbed steadily through the ranks during the Bainimarama era to eventually take over the force. So it is extremely disturbing to see him now wash his hands of any responsibility to enforce the racial and religious equality that was at the core of the RFMF’s 2006 agenda and the reforms that Frank Bainimarama spearheaded as prime minister.

Major General Kalouniwai talks about the importance of forgiveness and reconciliation. But from his remarks at an RFMF church service yesterday, he portrays it as forgiveness for the RFMF for whatever it may have done and reconciliation between it and its critics. For many Fijians, there is nothing to forgive the RFMF for and a lot for which to be thankful. It opposed the tyranny of the majority and established racial equality and religious freedom. And it set the nation on a new course in which every Fijian, irrespective of ethnicity or religion, enjoys the same rights and opportunities and equal votes of equal value.

That course is now being reversed by the Coalition government led by Sitiveni Rabuka, who led his own coup in 1987 – two, in fact – that began the whole coup cycle in Fiji. His coups were to establish the supremacy of the iTaukei over other ethnic groups in Fiji. That agenda was again pursued in the rebellion of 2000 led by George Speight and the mutiny in the RFMF, led, among others, by the Qaranivalu, Ratu Inoke Takiveikata . And it was pursued again by Laisenia Qarase and those around him like Sakiasi Ditoka until Frank Bainimarama removed the Qarase government at gunpoint in 2006 and famously declared the end of race as the determining factor in national life.

It has become very clear to a great many Fijians that Sitiveni Rabuka is now in the process of completing the agenda he launched in 1987 to advance the cause of the iTaukei over other citizens. He is presiding over a program of workplace ethnic cleansing in the civil service and offices of state in which Indo-Fijians are being removed and iTaukei are being appointed and promoted en masse. The same has happened with appointments to government boards. What is occurring is undeniable and it is in stark violation of the promise Rabuka made to govern for all.

Sitiveni Rabuka and some of the radicals around him like the Attorney General, Siromi Turaga, have also launched a full-blown assault on the 2013 Constitution. They have directly violated its provisions with the unlawful appointments of the Acting DPP, John Rabuku, and the judge, Alipate Qetaki and in refusing to convene tribunals to hear the allegations of misbehaviour against the suspended DPP, Christopher Pryde, and the suspended Police Commissioner, Sitiveni Qiliho. They are also pursuing Frank Bainimarama and his long-time deputy, Aiyaz Sayed-Khaiyum in the courts, including seeking to overturn the acquittals of Bainimarama and Sitiveni Qiliho on some of the charges against them.

No right-thinking Fijian thinks that the principle that all people are equal before the law shouldn’t be enforced and Bainimarama, Khaiyum and Qiliho naturally have to account for their actions. But when the supreme law – the Constitution – is being routinely violated even as the Prime Minister gives speeches saying it should be upheld, then any right-thinking Fijian has a right, indeed the duty, to object.

The Prime Minister and the AG appear to have persuaded a supine Fiji Law Society not to object to them asking the Supreme Court – specifically their handpicked Acting Chief Justice and President of the Supreme Court, Salesi Temo – to advise them on whether they can ignore the provisions of the 2013 Constitution that bar them from appointing John Rabuku and Justice Qetaki. But there is no doubt that this is a wilful attempt to circumvent the Constitutional provisions that its terms can only be changed with a 75 per cent vote on the floor of the parliament and a 75 per cent vote in a referendum of all Fijians of voting age.

What happens if Justice Temo rules that the Supreme Court – meaning him – has the power to alter the supreme law? Then it stands to reason that the Supreme Court – meaning him – has the power to alter provisions beyond those that debar people who have been found guilty of professional misconduct from being appointed to high office.

The great fear of many non-indigenous Fijians – still one third of the total population – is that this opens the way for the abolition – by unconstitutional means – of the central provisions of the 2013 Constitution for a common and equal citizenry, a common identity and a secular state. In other words, a full blown assault on the right of non-indigenous Fijians to fully belong and enjoy the same benefits as the iTaukei, which would axiomatically be a fundamental assault on their wellbeing. Which is where the RFMF comes in. Or should come in if Section 131 of the Constitution has any meaning.

Rather than warn Sitiveni Rabuka and Siromi Turaga that they are bound by the Constitution and its 75/75 provisions for charge – as well as reminding them that the RFMF is legally charged with ensuring the well-being of all Fijians – Ro Kalouniwai is remaining silent while they test the limits of the law with their Supreme Court referral. Having said early in the term of the Coalition that the RFMF expects the government to uphold the terms of the Constitution, the RFMF Commander has changed his tune. And instead of making the stand that the Constitution requires of him – to protect the wellbeing of all Fijians – is acquiescing to the Coalition’s program to establish indigenous supremacy.

At a time when non-indigenous Fijians look to him to remind the government of its constitutional obligations, Ro Kalouniwai makes a public statement in which he casts the RFMF as being historically culpable and asks for forgiveness. This will send a chill through many non-indigenous Fijians. Because it suggests that the RFMF Commander is doing a Pontius Pilate – washing his hands of any intervention at all in the interests of upholding democracy and the wellbeing of every citizen.

That democracy, as things stand, is the “power of one” vote on the floor of the parliament that enabled Sitiveni Rabuka to defeat Frank Bainimarama, the former RFMF Commander and long time prime minister, who is still revered by many non-indigenous Fijians for giving them equal status. That “power of one” is not an overwhelming mandate to reverse that status, which is what the Coalition is clearly intent on doing with the acquiescence of Bainimarama’s latest successor as RFMF Commander. And the absence of that mandate is all the more stark when the Coalition’s program – enabled by its NFP partners – is in direct violation of Sitiveni Rabuka’s election promise that he had changed his attitude since 1987 and would govern for all Fijians.

It is a gross betrayal of the Coalition’s pre-election undertakings. Which means it is not democratic at all. With just one vote, Rabuka has thrown off his sheep’s clothing and revealed himself as the same old wolf – the same indigenous extremist who in 1987, upended the multiracial consensus that had prevailed since independence 17 years before and triggered the exodus of tens of thousands of our best and brightest citizens.

That exodus has begun again as non-indigenous Fijians lose hope in the Coalition and realise that for all the efforts of Frank Bainimarama to give them equal status and make them feel secure, they will always be regarded as “vulagi” – visitors in their own country. Sitiveni Rabuka has endorsed that notion himself and it is to the eternal shame of Biman Prasad and the rest of the NFP that they have enabled and appeased that assault on the right and legitimate expectation of all Fijians to belong.

The nation is going to pay very dearly for this collapse of confidence and the resulting mass exodus, which the Coalition keeps blaming on a desire for higher incomes without acknowledging the time-honoured practice the world over for those in any country where a majority makes them feel unwelcome to leave. It had a devastating economic and social impact on East African nations half a century ago when their minorities fled and the same has happened, and is happening again, in Fiji.

What has persuaded the RFMF Commander to turn from stern watchdog – backed by the supreme law – to prevent this disaster into meek puppy-dog seemingly willing to go along with Rabuka’s program? Why is he asking forgiveness for the RFMF for standing up for principle and the unity of the nation? What precisely is the reconciliation he is advocating? These are legitimate and very pertinent questions when these remarks come after the astonishing sight of Siromi Turaga – the chief law officer of the state – posing with the man who instigated the 2000 mutiny in the military in which three loyalist troops were killed and four rebels were beaten to death by their enraged comrades.

Who’s side is the RFMF Commander on? The Qaranivalu has shocked a great many Fijians by saying that it is the chiefs who should tell parliament – the democratically-elected representatives of the Fijian people – what to do and no-one else. This is not merely anti-democratic but unlawful, another in the long line of constitutional violations under this government. Where does the RFMF Commander – himself a chief – stand on this issue? He needs to make himself crystal clear or we are entitled to take his remarks yesterday at face value – that democracy has returned to Fiji when the chiefs tell the parliament what to do.

Ro Kalouniwai needs to take a good look at himself and decide whether he is the appropriate person to lead the RFMF and perform its constitutional duty. He, along with all of the ministers in this government, swore on oath to defend and uphold the 2013 Constitution. If they had no intention of doing so, then the Fijian people have the right to question why they would put themselves forward for public office in the first place. This includes Sitiveni Rabuka, Siromi Turaga, Salesi Temo, Sakiasi Ditoka – the lot of them. If they won’t uphold their oaths on the Bible “ so help me God” to uphold the supreme law, then they should resign and allow others genuinely prepared to uphold the law to take their places.

It is high time that a delegation that includes the two former presidents with RFMF backgrounds – Ratu Epeli Nailatikau and Jioji Konrote – plus Frank Bainimarama and those from the military who followed him into politics – Inia Seruiratu, Viliame Naupoto and Ioane Naivalurua – plus the entire Military Council – reminds Major General Ro Jone Kalouniwai of his grave responsibility under the 2013 Constitution.

It is to ensure “at all times the security, defence and wellbeing of Fiji and every Fijian”, not apologise for the RFMF’s conduct in levelling the playing field in national life. And if Ro Kalouniwai won’t do so, he should be asked to step aside. It is all there in black and white in the Constitution. And if the RFMF Commander won’t enforce the principle, who will?

A refusal to do so is very simple. It is called dereliction of duty. And the RFMF Commander needs to step up or stand aside for someone who is prepared to fulfil their duty under the nation’s supreme law.