
Issue No 86		02 March 2001

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International

Dispatch from the Dispossessed

Mahendra Chaudhry, Leader of the People's Coalition and the Fiji Labour Party comments on this week's court decision.

The People's Coalition welcomes today's decision by the Fiji Court of Appeal which upholds the validity of the 1997 Constitution and therefore is an important step in the process of returning Fiji to constitutional government and the rule of law.

I would like to commend the action of Mr Chandrika Prasad in taking this case, a brave step by him which will I hope, safeguard the constitutional rights of all Fiji citizens regardless of race or creed.

The Court has restored the status quo in Fiji to where it was on the morning of May 19 last year prior to the storming of Parliament by armed thugs.

Some of the primary points made by the Appeal judges are important in understanding the processes that we must now go through to restore democractic government:

The judges wrote in their summary:

- This leads us to conclude that even with the "first past the post" system, government would still have been the same; and claims that indigenous Fijians in particular did not understand the electoral system were largely unsubstantiated. We regard the Constitution as a reliable expression of the hopes and aspirations of the whole population, and see this as relevant in determining whether there has been popular acquiescence in the Interim Civilian Government.

- We conclude that the interim civilian government has not proved it has the acquiescence generally of the people of Fiji. Accordingly it cannot be recognised as the legal government.

- The 1997 Constitution remains the supreme law of the Republic of The Fiji Islands and has not been abrogated.

- Parliament has not been dissolved. It was prorogued on 27 May 2000 for six months.

It is now up to the Acting President to use his powers under Section 68 of the Constitution to recall Parliament. I urge him to do so at the earliest possible convenience so that a government can be tested on the floor of the House of Representatives.

I welcome tonight's comments by Ratu Josefa Iloilo in which he has told the nation that he respects the court's decision and that he will make every effort to restore full, constitutional rule following consultations with the BLV and political leaders.

We do not accept that there is any validity in the proposition appearing in media reports that the Acting President should dissolve the Parliament and call fresh elections - we had elections in 1999 and it is now up to those parties that lost that election to accept the verdict of the people and work towards the next scheduled election as envisaged in the Constitution. Governments in Fiji are meant to enjoy 5 year terms of office.

There is no evidence that Parliament is unworkable. The People's Coalition has 54 MPs - a clear majority - and we understand that there are many Opposition MPs who are keen to return to Parliament. Parliament will have no trouble electing a Prime Minister. All five Party leaders in the People's Coalition will meet with the Acting President early next week, when we will detail our support and seek a recall of Parliament prior to the end of Ratu Josefa's acting term on March 15.

Mahendra Chaudhry, New Delhi

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  Issue 86 contents

Interview: Master of Opposition
Over the past five years, John Faulkner has turned the Senates Estimates structure into his own House of Pain. He explains the art of Opposition.

Politics: Beazley the Bridge Builder?
As the Howard Government flounders, Brett Evans looks at the challenges Kim Beazley faces as his hour of destiny approaches.

Unions: Lashing & Loathing at Patricks
Three years since one of the Howard Governmentï¿½s most infamous episodes, the Waterfront War, Zoe Reynolds discovers how casuals are now doing the doing the dirty work on the docks.

Legal: Workers Without Rights
Mark Morey outlines the legal status and (lack of) rights for foreigners in Australia on working visas.

International: Dispatch from the Dispossessed
Mahendra Chaudhry, Leader of the People's Coalition and the Fiji Labour Party comments on this weekï¿½s court decision.

Economics: Business Power and Mobility
The US election season makes it patently clear how Big Business is able to transform its financial resources into political power via campaigncontributions.

History: The Spoilers and the Split
The Movement, Groupers, the DLP and The Doc. All have been blamed in various ways for the ALP split in the 1950s, ensuring the ALP was kept out of federal government until 1972. Can One Nation return the favour?

Review: The New Hard Politics
Dennis Glover argues that policy has taken over from spin as the political battleground of the new century.

Satire: Bradman Latest: Family In Dramatic Court Action
The family of the late Sir Donald Bradman yesterday sought a restraining order against Prime Minister John Howard after it became apparent that he wants to be involved in every single detail of the The Don's funeral.

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