Friday, April 10, 2009

No other way, human rights body says

No other way, human rights body says
Sai Comment:
-The argument below by Shameem is nonsense as the judement stated that until considered by a court, all acts of the interim government must be assumed valid and lawful,” As Yabaki said.“The court made its reasons for refusing a stay order. The declarations did no more than acknowledge that everyone in Fiji must obey the Constitution as the supreme law,”
What we have now is a "Presidential Coup" but we all know that Voreqe and the military are all behind it pulling the strings as they have been doing for some time.
Fiji’s Human Rights Commission (FHRC) expressed sadness and disappointment with the President of Fiji’s decision to abrogate the 1997 Constitution, saying however that it understood yesterday’s Court of Appeal decision left him with no option.FHRC chairperson Dr Shaista Shameem said the commission understood that President Ratu Josefa Iloilo felt that the Court of Appeal decision in the Qarase case left him as head of State and symbol of the unity of the State, with no option but to abrogate the Constitution. “The Court of Appeal decision left a governance vacuum, where Mr Qarase was not restored and Commodore Bainimarama’s interim Government declared invalid,” Shameem said.She added that the Court of Appeal in its judgment also restricted the President from taking any action pursuant to the Constitution to appoint another government because the decision confined the President’s powers to section 85. “And then the Court refused a stay of its decision pending appeal, thereby making its entire ruling unenforceable.”Shameem assured the people of Fiji that the commission would continue to see the Bill of Rights Chapter in the 1997 Constitution as supreme rights based on Fiji’s membership of the United Nations and its affirmation of the Universal Declaration of Human Rights and urged those advising Iloilo to draft any new enactments to ensure that this was fully respected.She said “the Bill of Rights, Chapter 4 of the Constitution, had primacy even within the overall scheme of the Constitution by virtue of section 3 (b)”.Meanwhile, the Citizens Constitutional Forum (CCF) called on Iloilo to reconsider his abrogation of the 1997 Constitution and to respect the decision of the Court of Appeal.CCF chief executive Reverend Akuila Yabaki said the ruling in the Chandrika Prasad case made it clear that the Constitution could only be valid or removed through the provisions in the 1997 Constitution.“Contrary to Ratu Iloilo’s assertion, there is no vacuum in the administration of the State as the ruling stated that until considered by a court, all acts of the interim government must be assumed valid and lawful,” Yabaki said.“The court made its reasons for refusing a stay order. The declarations did no more than acknowledge that everyone in Fiji must obey the Constitution as the supreme law,” he said.

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