This is the speech by Opposition MP Niko Nawaikula that brought several reprimands from Speaker Dr Jiko Luveni: REPLY TO PRESIDENT’S SPEECH Madam Speaker, I now stand as I beg your leave to make my contribution to His Excellency’s speech. Madam Speaker, coming here on the very first day of parliament the feeling that I had was that of anger and animosity towards the members of the other side of the house. And rightly so, because, for the first time I am coming face to face with the members of a government I hold responsible for suppressing the rights of the native people of this country. I despised them because. Indigenous group right touches on the very essence of my cultural identity. But since then I have sat down to relate to members from the other side of the house. Many are my close colleagues but we have different political beliefs. And I apologize now if at times after this or even during this speech I will sound harsh and critical. The reason for that is not because I hate you. You will remain my friends and colleagues. But it is because the issues I will be raising are important and critical to me and to the nation. And I get emotional and critical every time I raise it. Now here today in this house, after acquainting myself with the members of the other side of the house but more so after listening to the Maiden speech of the Prime Minster I can see that there is hope and goodwill here and I want to harvest and cultivate that atmosphere to ask for dialogue on the things that I hold dear namely, the suppression of the rights of the indigenous people of this country. Already I have heard the Honorable Prime Minister made three offers of co operation to the opposition side of the house. Once in his speech at the UN in New York, another for the Budget Meeting and yet another in his Maiden Speech. Madam Speaker, before I go on there are people that I wish to remember and people that I wish to thank first. I wish to remember firstly, all who have lost their lives, their employment, their property and their dignity and all those who were abused of their basic human rights as a result of the 1987, 2000 and 2006 coupes. I remember and pray especially for all who have lost their lives: • Coporal Raj Kumar, Filipo Seavula , Private Rokosirinavosa and Weleilakeba- I will Remember you and pray for your families • Private Veilewai, Rawaileba and Rokowaqa I will remember • Private Bainimoli, Davui and Waseroma I will Remember • Private Kalonivale, Kolinio Tabua and Vilikesa Soko I will remember • Josefa Baileiloa, Josua Ralulu and Ben Wise I will remember • Alifereti Nimacere, Tevita Malasabe and Nimilote Verebasaga and Sakiusa Rabaka I will remember And any other family who has lost a love one that I may not be aware of I will remember you and your families Having said that, I acknowledge the statement by the Honorable Prime Minister that what he did in 2006 was necessary. But I do not agree with it or with the means by which he resolved it. To me as a lawyer and as a law abiding citizen, a coup in whatever form and for whatever reason is illegal and it is the highest form of a criminal offense that is punishable by death. But we are people of goodwill here in this country. We can forgive and I know we will. But we must first acknowledge that what was done was unlawful and those responsible must first humble themselves and seek forgiveness. Then and only then can we move forward with dignity and without feeling of bitterness. Madam Speaker, there are people I wish to thank. First and foremost my loving and faithful wife, Mili, my children, Tema, Amosi, Pau, Sofaia and Aisake and my grandchildren Niko & Aisake. I also thank Gilbert, my campaign manager, Paula my area manager for Viti Levu and all the villagers and my poll agents from Dawara to Wainigadru and to Buca & Tukavesi. I thank most sincerely the Heads of the Vanua of Wailevu, Nasavusavu, Navatu, Koroalau, Vaturova, Saqani, Tawake and Natewa. I thank Mr & Mrs Setareki Savu, CBM Adelaide, Kimo, Ili & FDFM US. I thank my prayer group members of Our Lady of Fatima of Nausori Parish especially the mothers of the prayer group and their children who have supported me. I thank my elderly parents who are still alive and who are in their 80s. I remember also my late brothers Poasa and Aisake. I mention you here by names because I love and still miss you. Now I wish to reply to His Excellency’s speech. I want to say at the outset and without apology that I do not think that the 2013 constitution is the Constitution of this country. Not yet in any way. Let me explain my reasons. I know and I accept that we are now following this document as the guideline to run this government. I know and I accept that we have used it to hold the election as I know that we are all here in this house because of it. But so far as I know the laws, this here is an interim measure only that we are now using in our metamorphosis as we evolve ourselves to achieve true democracy. Because by its very definition, the term constitution as derived from the latin word “constitutio” which means the people’s will. The question I ask Madam Speaker is; Is the 2013 Constitution the people’ will? The straight answer is that; IT IS NOT and this has been imposed on us. That is the reason why it is imperfect. It is a means only we are using in the interim to move towards our achieving that someday. And I hope sooner and not later. But I take nothing away from those who have labored hard and provided this constitution for us and I acknowledge their work. But the fact is; true democracy will only be achieved by a constitution that contains the following essential elements; i. It is the common will of the population; ii. it guarantees the rights of all its citizens and by that I mean individual or fundamental rights, indigenous group rights, minority rights, worker’s rights, women’s rights and all other rights that are now established by the UN convention. iii. It provides within it mechanisms that provides a clear separation of power; iv. It provides within it provisions that guarantees accountability, transparencies and good governance. Madam Speaker I will be so bold as to say the sooner we convene a Constitutional Review Commission to look into and extract from all previous constitution the good they have in them combing all essential elements the better it will be for us. Not doing so will an invitation for another coup because we have shown by the very way we have been voting since 1987 that a coup is a legitimate way to change things. Madam speaker I now wish to address this house on the intentional removal from this constitution of the entrenched provisions of the group rights of native Fijians. I want to focus also on the suppression of indigenous Rights in the last 8 years. These were part of a clear plan and motive by this Government based on its so called Sunset Clause that called for mainstreaming of Native Fijians by the suppression and removal of all manifestation of their cultural, identity in the name of equal citizenry. These were reflected in the 17 decrees passed in the last 8 years for those very purposes. They are: 1. The Fijian Affairs (Great Council of Chiefs) Regulations 2007 that suspended the GCC. 2. The Fijian Affairs (Great Council of Chiefs) Regulations of 2008, that Terminated the 1993 GCC Regulation to bring it under the complete power and authority of Government. 3. The Fijian Affairs (Provincial Council) (Amendment) Regulation 2008, that terminated the attendance at Provincial Councils of educated urban Fijian iTaukei. 4. The Fijians Trust Fund (Amendment) Decree No. 38 of 2009 that brought the fund completely under the authority and control of the Government. 5. The Native Land Trust (Amendment) Decree No. 31 of 2009, that removed totally the authority power and control of native land from the hand of the land owners to the government. 6. The Native Land Trust Regulation (Amendment) 2010, that Terminated Chiefs share of royalty. 7. Mahogany Industry Development Decree 2010 (Decree No. 16 of 2010), that established a new Government board to administer mahogany leases. 8. The Regulation of Surfing Areas Decree No. 35 of 2010, that Removed right of iTaukei from surfing area. 9. The Fijian Affairs (Amendment) Decree No.31 of 2010, that took away “Fijian” as their name replaced by “iTaukei. 10. The Native Land Trust (Amendment) Decree No. 32 of 2010, that removed the President as chiefly and Landowner representative and Chairman of TLTB Board and replaced by Government. 11. The Land Use Decree No. 36 of 2010 that Give power to government authority to designate any native land to the land bank; 12. The Native Land Trust Act (Amendment) Decree No. 20 of 2010 that terminated the GCC authority over extinct Mataqali land. 13. The Native Land Trust (Amendment) Decree No. 20 of 2012 that Terminated the power of the GCC to determine customary ownership of extinct Mataqali land. 14. The iTaukei Affairs (Amendment) Decree no. 22 of 2012, that Terminated the existence of the GCC. 15. iTaukei Trust Fund (amendment) Decree No. 23 of 2012, that removed to the Government administrative power of the Fijian Trust Fund. 16. The Constitution of the Republic of Fiji 2013 that removed the entrenched provision on native land and the itaukei affairs. 17. The Unit Title (Amendment) Decree No. 38 of 2013 that Removed the restriction of that Act on Native land. Madam Speaker, my point about this 17 Decrees are that they are totally in breach of Fijis obligation under the International Labor Organization Convention 169 that Fiji ratified 1998 and by which it under took to be legally bound to protect and maintain customary institution, protect and maintain then independence of indigenous institutions, guarantee the rights of indigenous people to their language and to their custom and to conduct prior consultation and obtain prior consent each time it wants to change any policy or law that affect native Fijians under those rights. Madam Speaker my point also and for the same reason the 17 Decrees were passed in breach of the 2007 UN Declaration on the rights of Indigenous peoples. Madam Speaker, in August in 2012 the Marama Bale Roko Tui Dreketi and Turaga Bale Tui Cakau as heads of the Burebasaga and Tovata Confederacy had asked me to attend and make exactly the same submissions on the 17 Decrees (there were than 15 at the time) to the 81st session of CERD. When the Fiji representative was asked why did it pass the Decree to terminate the GCC, to take away their name and to take away the control of their land and independence of their constitutions because they were there indigenous rights, the reply that the Fiji Representative made was, “Fiji does not recognize indigenous rights because native Fijians are a majority here” To which the Human Rights Committee replied, “What about Bolivia and Guatemala……the passing of policies and laws to dismantle customary institution, to take away their name and take away the control of their land are acts of discrimination. Fiji should recognize native Fijian Group Rights, as well as recognize the rights of their communities and individual rights and make sure that none topples the other” In its concluding remarks the UN Human Rights Committee had the following to say, on the 15 Decrees “it is however concerned by reports of insufficient consultation with and participation of indigenous people as regards issues affecting them… The Committee notes the dissolution of the GCC without prior consultation (Arts. 2 and 5). The Committee reaffirms the importance of securing the free, prior and informed consent of indigenous groups regarding permanent rights as a group. It urges the State party to enhance appropriate mechanisms for effective consultation with indigenous people around all policies affecting their identity, ways of living and resources, in line with the UN Declaration on the Rights of Indigenous Peoples and International Labour Organisation Convention No. 169 (1991) concerning Indigenous and Tribal Peoples in Independent Countries. The Committee requests the state party to clarify the issues relating to the dissolution of the GCC. Madam Speaker may I conclude by thanking the Prime Minister on his offer to us, this side of the house for co-operation. I submit the 17 decrees and generally the suppression of indigenous rights of native Fijians is a good issue for dialogue. And if the Honorable Prime Minister, The Honorable Attorney General, The Honorable Tikoduadua or any other member from the opposite side of the house, if you should find me one of this days knocking at your door steps begging for dialogue on this issues I ask you all most humbly to please do not close your doors on me.. Thank you Niko Nawaikula
Posted on: Wed, 15 Oct 2014 14:42:42 +0000
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