Wednesday, December 12, 2012

Documentary of a Pre-determined Constitution-Making Process

A Documentary by CCF on Yet Another Constitutional Making Process for Fiji!

Fiji's road to its fourth constitution is one firmly controlled and directed by the Bainimarama military regime all along. The regime has controlled the make-up of the Constitutional Commission, elements of what should be in the constitution, the process and structure in which the outcome of the Commission's work will be considered and ratified, and finally any  future attempt to change the constitution.

The regime has insisted on the inclusion of a number of elements aimed at protecting its illegal takeover of the 2006 Qarase government and the atrocities it committed under its present rule. This issue has been vociferously opposed by the people and political parties all round. Yet, the regime regards this as its exit option. So again, Fiji is bound to have a constitution handed to them instead of them having a free and real input into it. 

Bainimarama himself will decide on who will be in the Constituent Assembly that will decide on the final draft of the constitution. On receiving the draft document from the Assembly, the President will refer it to a group of judges illegally appointed by him who will verify it against the principles and criteria set in Bainimarama's decree. This is a device designed to ensure that unless the elements directed by Bainimarama, such as the immunity clause, are included, the judges will return it to the Assembly. The Assembly then basically becomes a "rubber stamping" forum as it will be overruled by the tribunal of illegal judges. In effect, Bainimarama has 2 cast iron ways to ensure he gets his way namely:
  1. by choosing and appointing into the Constituent Assembly only those sympathetic to his rule; and
  2. having his group of judges to strike down anything in the draft document that does not comply with his decree, including the inclusion of his getaway clause on immunity.
If that was not enough, Bainimarama, being a frightened tyrant he is (a conflict in terms I know!), has insisted that no future parliament should be able to revoke that immunity. Boy oh Boy, the extent a guilty and scared dictator would go to just to escape his just punishment! The obvious questions that arise:
  • why insist on immunity if you regard your rule as legal and legitimate?
  • why not seek it from the people themselves if you regard your illegal and treasonous action has all been about their best interest?
Therein lie the ultimate dilemma for the guilty dictator. All his actions have been about himself and his self survival. That is why he will go to any length to ensure it at the expense of Fiji and its people.

Watch the Video below and be reminded about a process whose ultimate outcome, sadly, has been pre-determined by a regime, whose leader is too scared to seek redemption from the very people in whose name he said his illegal takeover of a democratically elected government has been about!

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