Friday, January 06, 2012

Fiji Now A Full Military State with Amended Public Order Decree

"it shall be lawful for any member of the Republic of Fiji Military Forces when so directed by his or her commanding officer at the request of or with the concurrence of the Commissioner of Prisons and Corrections Service or the Commissioner of Police as the case maybe to perform all or any of the duties and functions of a prisons officer or police officer."


"In and to the extend necessary for the performance by him or her of any of the duties or functions of a prisons officer under the provisions of this section any member of the RFMF shall have all the powers, privileges of a prisons officer and police officer."

It is clear from the insertion of the RFMF into the amended Public Order Act that the military is now ever present in civilian life in Fiji. It is now evident that Fiji will be a fully militarised state as long as the Dictator Bainimarama remains at the helm. It merely completes his cunning and corrupt plan to flood the bureaucracy with military personnel from where he can control the government.

Like a true dictator and tyrant, Bainimarama's lifting of the PER is all show and a sham. What he has removed in lifting the PER, he has reinstated back into the amended Public Order Decree and of course the Crimes Decree and the Media Decree. So anyone wanting a permit to march or protest better forget it as it will be prohibited under the Public Order Decree as bureaucrats making the decision will either be military people or regime sympathizers. The result will be the same - lost right to protest or voice opposition at the corrupt and illegal Bainimarama regime. These are the same instruments of the State that will be fraudulently manipulated to try and get Bainimarama to win the 2014 Election if it ever goes ahead.

There is a real possibility that the Dictator or his party and supporters will start to campaign at the same time as consultation begins for his new Constitution. He has a great deal to do to improve on his miserable approval rating currently. I suspect if he does not get an improvement in his approval rating to guarantee him a victory at the election, he will manufacture a crisis as a pretext to again rule by decree. In essence, this is his preferred option as it would ensure he rules in perpetuity - that is being "Dictator for Life". The amended PUBLIC ORDER DECREE is therefore tailor made to aid and abet his evil designs on the people of Fiji. So watch out Fiji!

Posted on Intelligentsiya
Public Order Amendment Decree 2012 now in place 
 
Under the Public Order Amendment Decree 2012 any person who commits an act of terrorism shall be guilty of an offence and shall be liable upon conviction to imprisonment for life.

Any person who harbours or conceals, prevents, hinders or interferes with the apprehension of any other person knowing or having reason to believe that the other person has committed, is planning or likely to commit an act of terrorism, or is a member of the group involved in the act of terrorism commits an offence and shall be liable upon conviction to imprisonment for life.

Any person who knowingly provides or offers to provide a weapon to a person, group or organisation involved in the act of terrorism, a member of any such group or organisation involved in the act of terrorism , any other person for use by or for benefit of a group or organisation involved in the act of terrorism or a member of any such group or organisation commits an offence and shall be liable upon conviction to imprisonment for life.

Any person who knowingly participates in a group involved in the act of terrorism knowing that it is a terrorist group commits an offence and shall be liable upon conviction to life imprisonment.

If any police officer has reasonable suspicion that a person has acted or is about to act in a manner prejudicial to public safety or the preservation of the peace or is about to commit an offence against public order or an offence against this Act or upon being by a police officer, fails to satisfy the police officer as to his or her identity, address or place of employment or as to the purpose for which he or she is in the place in which he or she is found, then such police officer may arrest without warrant him or her and detain him or her pending inquiries.

No person shall be detained under the powers conferred by subsection (1) for a period exceeding 48 hours except with the authority of the Minister on whose directions such a person may be detained for a further period of 14 days if the Minister is satisfied that the necessary enquiries cannot be completed within 48 hours.

In Section 17 C (1) of the Decree, it shall be lawful for any member of the Republic of Fiji Military Forces when so directed by his or her commanding officer at the request of or with the concurrence of the Commissioner of Prisons and Corrections Service or the Commissioner of Police as the case maybe to perform all or any of the duties and functions of a prisons officer or police officer.

In and to the extend necessary for the performance by him or her of any of the duties or functions of a prisons officer under the provisions of this section any member of the RFMF shall have all the powers, privileges of a prisons officer and police officer.







Michael Field: Bainimarama imposes new order rules

Michael Field

Six days after announcing the end of martial law, Fiji dictator Voreqe Bainimarama has came up with a new military decree controlling public order.

In the face of severe international criticism, Bainimarama on New Year’s Day announced his three year old Public Emergency Regulations (PER) would be lifted tomorrow.

Today he unveiled a military decree amending the country’s Public Order Act.

That act passed in 1969 ahead of Fiji’s independence so that any dissent could be controlled during the transition period.

Bainimarama said he was modernising it to provide stability.

“This modernization is necessary to effectively address matters such as terrorism, offences, offences against public order and safety racial and religious vilification, hate speech and economic sabotage," he said.

Since seizing power in 2006, Fiji has had no parliament and all laws are set up a military council through decrees.

Bainimarama said he imposed martial law in 2009 to bring stability. He did not say that this occurred because the country’s Court of Appeal had declared his government illegal and as a result he scrapped the constitution.

"We have sought to empower Fijians, modernise our country and strengthen our economy. We have sought to rid our institutions of behaviour and practises that discriminate - that spread prejudice and misinformation."

Bainimarama attacked the Fiji Times, the country’s biggest daily, and Fiji TV, saying they had shown “outright bias” against him.

This was why PER included censorship.

“Media is undoubtedly powerful. Personal, political and racial agendas can be allowed to take precedence behind the facade of a free press."

Bainimarama has retained the right to keep people in detention for up to 14 days without being taken before court.

"Know that we will not tolerate an iota of disruption to the peace, safety and stability and common citizenship we now enjoy. I caution those individuals and organisations who intend to abuse these freedoms, as they have done previously."

The new decree deals with a wide range of public gatherings and public order.

It also outlaws malicious rumour and inciting racial antagonism.

His move to scrap martial law will end the role of military censors in newsrooms from tomorrow, but Bainimarama has set up a Media Industry Development Authority which has strong powers over all Fiji media.

The authority’s deputy chairman Matai Akauola says they will be monitoring news items in print, broadcast and television media. 

“We should be glad that censors are being removed but in saying that, we are not out of the woods yet,” he said.

“It is just that according to the goodwill of … Bainimarama the PER has been removed.

“In removing the PER, the democratic process hasn’t kicked in yet. … The democratic process will only be up and running when we have general elections in 2014. From now until then, whilst the PM has announced the removal of PER, for the media, it is a matter of adhering to the code of ethics,” he said.

Fiji's Public Order Act 1969

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