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Fellow citizens Following the Republic of Fiji Military Forces intervention in our country’s Government, Executive and public institutions and my steeping into the shoes of the President Tui Vuda Ratu Josefa Iloilo I now return all executive authority to His Excellency. As I stated on 5 December 2006 the actions of the RFMF were precipitated by the impasse between the SDL Government and the RFMF. The RFMF through out this impasse had wanted to resolve the matter constitutionally, legally and expeditiously. The RFMF’s assumption of executive authority, through its Commander was predicated and supported in law. The Akuila Yabaki case had established through Justice Scott’s ruling that the President had certain reserve powers under section 109(1) of the Constitution. In addition to this ruling Justice Scott also held that in some unusual or extreme situations a departure from the normal requirements of the Constitution is permitted. This departure or extra constitutional steps are justified under the doctrine of necessity. Strictly speaking the decision of Justice Scott has not been overturned and therefore is binding and valid law. Given the circumstances prevailing at that time I had exercised those extra constitutional steps. Notwithstanding the legal ability to carry out what I as Commander and the RFMF did, this course of action was undertaken with great reluctance but it was necessary to steer our beloved nation into peace, stability, a just solution and to above all preserve our Constitution. It was also essential to maintain the sovereignty and territorial integrity of the nation-state of Fiji. I would like to now set out some of the key reasons and issues that created and led to the impasse: 1. The persistent and deliberate involvement of persons supporting the unlawful takeover of Government in 2000 in the Qarase led SDL Government. This includes the Governments after the 2001 and 2006 Elections; 2. The double speak of the SDL Government. On the one hand saying that they supported the law but on the other freeing or facilitating the freeing of coup convicts on extra-mural and/or compulsory supervision orders with unsubstantial reasoning. These actions made a mockery of our justice system and fundamentally undermined the integrity of our judiciary and the rule of law; 3. The continued appointment of those tainted by the events of 2000 to diplomatic and senior government positions; 4. The failure of the Police Force to investigate all the ‘shadowy figures’ behind the 2000 coup including Qarase who had requested me to remove the President. Despite this request the Police Force were determined to instead investigate me, my officers and the RFMF as a whole; 5. The politicization of the Prison services; 6. The regular visits by Government officials to Korovou to Prison to meet prisoners who supported the illegal take over in 2000 and the mutiny. Some of these prisoners are accorded special treatment in prison and referred to as ‘cultural advisors’ to the prisoners. 7. The racist and inciteful speeches made by SDL parliamentarians which were never checked by Qarase. These speeches caused fear and tension in minority communities and our society as a whole. We also noted with concern the increased incidents of sacrilege aimed at minorities; 8. The repeated acts and incidents of Government and civil service corruption including SDL politicians. Those involved continued to be members of the cabinet, those holding senior Government positions and civil servants; 9. The growing cycle of corruption, clientalism and cronyism also involved the extremely unhealthy influence and involvement of certain businessmen and women in the governmental decision making processes; 10. The failure of the Qarase Government to pass any anti-corruption legislation in the past 5 years despite the growing and repeated acts of corruption which has undermined the very foundations of our civil service and institutions and the economy; 11. The determination by the Qarase led Government to pass acts of Parliament which would have inevitably increased indigenous Fijian nationalism, led to dispute between provinces – indigenous Fijians themselves, created ethnic tension, undermined the rule of law and the independence of our constitutional offices including the Judiciary and compromised the right to fair hearing and representation. I refer in particular to the Reconciliation, Qoliqoli and Land Claims tribunal Bills; 12. The exclusion of the RFMF from the National Security Council but repeated inclusion of the Police Force which indicated a refusal to hear the Military point of view on security and governance issues; 13. The manipulation of the criminal justice system for political reasons. The investigations against me and the RFMF arose from a National Security Council decision and not from the independent decision of the Commissioner of Police himself; 14. The threat of and references to the use of regional forces and intervention by the Qarase Government to try and influence the resolution of our own internal problems; 15. The threat of an Australian invasion as shown by the inciteful and hostile remarks made by Alexander Downer, the unexplained presence of an Australian Defense Force Helicopter within Fiji’s EEZ and the frequent references to the Biketawa declaration made this threat a real one. Recent revelations confirm this position; 16. The consideration of foreign intervention was viewed to be a serious threat to Fiji’s sovereignty and independence. It will always be resisted. Under section 104 of the Constitution the Prime Minister is to keep the President informed generally about issues relating to the governance of Fiji. He was never informed of this foreign presence. 17. On the Biketawa declaration itself, the declaration states that the Government: -Needs to be committed to good governance exercising authority in a manner that is open, transparent, accountable, participatory, consultative and decisive but fair and equitable; -Ensure equal rights for all citizens regardless of gender, race, colour, creed or political belief; and, -Must uphold the democratic processes and institutions which reflect national and local circumstances, including the rule of law and the independence of the judiciary, just and honest government. The Qarase Government had failed to adhere to many of these agreed principles of governance; 18. The repeated and persistent attempts to change the command structure at the RFMF since 2000 and the rewarding of those who have made those attempts; 19. Most seriously, the large Government deficit, the failure of the SDL Government to cut spending, the failure to revive the sugar industry, the failure to solve the land problem, the racist and selective education polices, the rapidly deteriorating public health services, the escalating poverty, the hike in interest rates, the lack of employment opportunities given the growing number of school leavers, the almost inevitable devaluation of the Fiji dollar, the neglect to increase our exports vis a vis our growing reliance on imports creating a critical balance of payments situation and the overall serious economic situation created by bad governance, mismanagement, corruption, disrespect for the rule of law and the undermining of democratic values since 2000. 20. The manner in which the 2006 elections were conducted was characterized with discrepancies. The fact that no census was conducted before the elections meant that serious breaches of the Constitution occurred, the fact that there were so many additional ballot papers printed for no good reason and the fact that unexplained procedures were adopted; 21. The fleeing from Suva of the Prime Minister and his Cabinet and although it was only for a couple of days instilled a lack of confidence in the Government and negated claims that the Government was in fact in charge; 22. The untimely absence of leave of the Commissioner of Police at a crucial juncture in our country and his seemingly political bias was of grave concern; 23. Qarase and certain members of his Cabinet sought to incite certain members of our community to rebel against the RFMF and thereby did not have regard for the welfare and security of all our citizens and compromised national security; 24. On the morning of 5 December the President asked Qarase to come and see him and he refused to do so simply because he was fearful that the President would have asked him to resign or dismissed him. Clearly Qarase as Prime Minister abdicated his responsibilities by refusing to listen to the President who is the Head of the State. 25. The President was prevented by some including the Vice President from exercising his constitutional powers. We were as a nation in a state of limbo. These events and circumstances ladies and gentlemen demonstrate that the actions and inactions of the SDL Government and the circumstances that they had created undermined the core values and the very spirit of democracy, constitutionalism, the rule of law, a fair, equitable, just and non-corrupt government and society. The RFMF as stated previously believes in the rule of law and has and shall adhere to the Constitution. Indeed it not only adheres to the rule of law and the Constitution but more importantly believes in the adherence to the spirit of the law and the Constitution. I would like to thank my officers and all members of the RFMF who have shown true leadership, fortitude and determination. They have sacrificed much to safeguard our nation and our constitution. They have been a source of strength and resolve. I would also like to thank all citizens of this beloved country of ours who have remained calm and dealt with the circumstances with fortitude. They have indeed shown us tremendous support and provided much strength. I thank Dr. Jona Senilagakali who was appointed as Caretaker Prime minister at a time when it was probably not popular to do so. He has this morning tendered in his resignation. I would like to thank the Tui Vuda who has been tremendously supportive of our actions and continues to support us. We trust his wisdom and believe that he will exercise his Executive Power with resolve. Given the legal, constitutional and indeed defensible basis of our necessary actions I appeal to all our citizens including the now former Prime Minister Qarase, our neighbors and the international community, to support and work together for the betterment of our beloved nation and its people. I now hand over executive authority to the President. God bless Fiji. |
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