Page 5 - IB March 2021
P. 5

View From The West

                                 THINGS FALL APART


       By Dennis Rounds                                       Apparently, the more I cocoon myself in my Western abode,
                                                            hundreds of kilometres away from the toxic influence of
         I was only two years old when Nigerian author Chinua   decision-makers, the clearer I see things falling apart.
       Achebe published his novel, Things Fall Apart, in 1958.  Anyone in Fiji on a work permit can now be detained in the
         Achebe’s novel focused on the struggles, chaos and be-  middle of the night, transported hundreds of kilometres dur-
       wilderment which are the consequences of a culture on the   ing COVID curfew hours and deported before a court Judge is
       verge of change.                                     fully awake, bathed and sufficiently refreshed to begin a new
         Sixty three years on and I find myself, like Achebe’s prin-  court day.
       cipal character, Okonkwo, also grappling with the effects of   “Isn’t that akin to a judicial process falling apart?” I ask my-
       change.                                              self. I wonder if the Vice Chancellor of the University of the
         However, the change confronting me and my fellow Fijians   South Pacific, Professor Pal Aluwahlia might be asking himself
       is not so much cultural as it is political – imposed through   the same question.
       political power wielded by a slim but decisive majority under   The Bainimarama government has justified its deportation
       Fiji’s new parliamentary system.                     of the Professor and his wife by quoting Section 13 of Fiji’s Im-
         Some might argue that what is now happening in Fiji is   migration Act 2003 which prohibits foreigners from conducting
       simply a continuation of the so-called  “Clean-Up Corruption”   themselves in a manner prejudicial to the peace, defence,
       coup of 2006 (they will also argue that  it’s more politically   public safety, public order, public morality, public health,
       correct to call the events of 2006 a “revolution”).  security, or good government of Fiji.
         Fifteen years on from that coup, Fiji is now on the verge of   Guilt or otherwise notwithstanding, requests for an explana-
       having a special Anti-Corruption Division within its court sys-  tion of the precise breach of the Immigration Act have fallen
       tem presided over by Judges and Magistrates who will “deal   on deaf ears. So have questions about the couple’s human
       specifically with cases relating to anti-corruption law”.  rights.
         “By having specialised courts it will give not just the pros-  In my old age, I keep reminding myself it’s only one of the
       ecutors but those who actually get prosecuted a particular   many more changes we, as a country, have to grapple with.
       level of certainty and indeed we will further reinforce the   Just like the impact of COVID-19 on Fiji’s economy and
       rule of law because it will get rid of inconsistency,” was one   the March 2020 Billion Dollar COVID Stimulus package which
       of the justifications from Fiji’s Attorney General, Mr Aiyaz   formed part of the COVID-19 Budget Response.
       Sayed-Khaiyum.                                         Our Attorney General, who also happens to be our Minister
         Calls from the Fiji Law Society for more robust discussions   of Economy, Mr Sayed-Khaiyum assured us all that the budget
       on the matter, before endorsement by Parliament, were dis-  would “arm doctors and nurses with the tools they need to
       missed by Sayed-Khaiyum. Dismissed also, was the argument   combat this virus and keep themselves and Fijian families
       that Fiji’s current court system is more than well equipped to   safe”.
       deal with cases of corruption.                         That it would “grant resilience to all the workers and com-
         Similarly, calls for widespread dialogue over the elimination   panies who are staples of our economy and way of life, but
       of assessors from Fiji’s court system fell by the wayside.   who have been cut off from that economy by COVID-19”.
         The appointment of assessors in court proceedings has, over   “This budget gives businesses the flexibility they need to
       the centuries, provided an accused person access to a panel   keep their people, invest in new opportunities and prepare for
       of his/her peers who provide the human element of rational-  the inevitable end to this pandemic,” Sayed-Khaiyum assured
       ising judgment to conform to changing community values.  us all.
         Peer assessment is also a societal safety valve, ensuring   Just one year later came the news that the Japanese gov-
       decision-making is not just the province of elites (like Judges   ernment will provide a $200 million emergency loan to Fiji for
       and Magistrates).                                    COVID-19 response.
         The Bill legislating the change was passed by Parliament.  The emergency loan support will enable the government
         “In the modern day world a person’s guilt or innocence   to implement its planned activities for the 2020-2021 finan-
       should not be determined by assessors who are going to look   cial year and direct resources for COVID-19 response such as
       at the person on an ethnic basis,” was the response from   strengthening health and medical services.
       Sayed-Khaiyum to those opposing the change.            This leaves me and my fellow “equal citizens” of Fiji
         Trying to accept that the “old” must give way to the “new”   wondering where things have “fallen apart” in our COVID-
       and that some things are bound to fall apart, I keep asking   contained paradise!!
       myself: “Why change something that works well and is not
       broken?”                                             editor@islandsbusiness.com
         And in my old age, the response is just as quick and matter-
       of-fact: “Because the Fiji government currently has the politi-  Dennis Rounds is a former owner of Islands Business, and a
       cal power to change things. With or without question.”  veteran journalist.


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