Page 19 - IB AUG 2017

Politics
The decreed legacy of Aiyaz Sayed-Khaiyum

confused and wondering as they seemed to governments did not have these cruel
have already decided their response. I did punitive laws. These reflect the character
not think then that it would be abrogation of the person who introduced them. The
of the Constitution because I thought all media is intimidated into self-censorship.
was going well and in the right direction. I Many people use the Internet, Facebook
thought what I had proposed was a practi- and websites to express their opinion.
cal a comprise since stepping down in order The Parliament is a dictatorship and its
to have Elections would never be an option. committees are mere fig leafs of public
The meeting of the political parties’ forum consultation.
was adjourned as we heard the judgement Khaiyum has even introduced an
of the Court being read out on the radio. amendment Bill to the Parliamentary Pow-
The Chairman, Bainimarama had rushed ers and Privileges Act to turn the Parlia-
off and did not return. That afternoon we ment into a High Court where members
heard that Bainimarama was going to and ordinary citizens can be tried and fined
publish a Decree that abrogated the 1997 up to $100,000 and jailed up to five years
Constitution. for demeaning the dignity of Parliament”.
I realised then that Aiyaz Khaiyum was This Bill was an attempt to “legalise”
not a constitutional lawyer who believes in the illegal expulsion of three Opposition
the principles of the rule of law because he members of Parliament.
was motivated mainly by the desire to be in One difference between earlier elected
power. The “law” is merely a convenience Government and this one run by Aiyaz
Prime Minister Bainimarama about UN for to serve that purpose. The politics of Khaiyum is reflected in the difference
Department of Political Affairs proposal discussions and listening to advice and between Bill of Rights of the 2013 Consti-
for the Constitution Review Commission comprise was from that time never going tution and that of the 1997 Constitution.
whose term of reference was to be ap- to be the basis of governance for Khaiyum Section 17 of the 2013 Constitution on
proved by the PPCF. The Forum had been as well as Prime Minister Bainimarama. It “Freedom of Expression and Publication”
meeting and its next meeting was on the is the attitude of making decisions in secret promises all rights and freedom of expres-
same day when the Court of Appeal would and then imposing by fiat on the people sion but on the limitation clause 17(2)
deliver its judgement on the appeal of of Fiji, including their own members of these freedoms are guaranteed only to
deposed Prime Minister Laisenia Qarase Cabinet. That has been the system and that extent that is necessary to limit them
against the High Court ruling in favour of style of governance for the last nine years. by law. So, presumably the restrictions
the Coup regime’s removal of the Qarase The 2014 Elections and Parliament has not and punitive provisions of the Fiji Media
Government. Three days before that changed that dictatorial style. Former MP Decree are all “necessary”. This test is so
judgement, I met these powerful men at the and Permanent Secretary of Bainimarama, vague, any limitations and punishments
Prime Ministers Officer and after we had Pio Tikoduadua, admitted this as a reason are justified as necessary.
gone through the UN documents we then for his resignation from Fiji First in 2015. In the 1997 Constitution there are also
discussed what the Court of Appeal might We can see this dictatorial, restrictive limitations on freedom of expressions but
decide and its likely impact on the political and undemocratic attitude in the raft of only to the extent that the limitation is
parties’ forum and the way forward. Decrees introduced by Khaiyum, many reasonable and justifiable in a free and
I expressed to them the view that if the now perpetuated and protected under democratic society. Restrictive and puni-
Court of Appeal ruled against the Govern- Chapters 10, 11, and 12 of the Decreed tive laws in 1997 could be challenged on
ment, then their response should be that 2013 Constitution. Constitutionality as not reasonably justifi-
they respected the judgement and would As a result of representation from the able in a free and democratic society. The
implement it through the way forward of Advisory Council on the Peoples Charter, 2013 Constitution Bill of Rights has no
the NCBBF. This would mean the political the interim government, invited inter- reference to free and democratic society.
parties’ forum leaders to become members national support for the Yash Ghai Con- Whatever the government decides under
of the cabinet and to decide on a suitable stitution Review Commission and then a law is “necessary”. No argument. The
date for the Elections after at the comple- Khaiyum and Bainimarama rejected their legacy of Aiyaz Khaiyum is the transfor-
tion of to the Constitution Review Com- Report and imposed the bastardised 2013 mation of Fiji from a free democracy to
mission. I saw that Bainimarama was Constitution. The Electoral Decrees, the an authoritarian government based on a
distracted and not listening and then I Media Industry Development Decree, the climate of intimidation and fear. This is
looked to Khaiyum expecting him to sup- Registration of Political Parties Decree all how he will be remembered.
port what I said. He was looking up at a have these offences and extreme penal- A new government that believes in
ceiling and did not say anything. There ties such as $30,000 fines and terms of democracy and human rights will surely
was a silent pause and then Bainimarama imprisonment for up to ten years. It is dismantle Khaiyum’s infrastructure of
said: ´We will decide when the Court Judge- like victims commit crimes equivalent to dictatorship. Fiji does not need them.
ment is known” I walked out of the room murder or disabling violence. Previous

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