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An Open letter to Frank

April 20, 2009

20 April, 2009.

 

Commodore Voreqe Bainimarama

C/- Captain Viliame Naupoto

Permanent Secretary

Office of the Prime Minister

Republic of the Fiji Islands

GOVERNMENT BUILDINGS

S U V A.

 

Dear Commodore,

 

Abrogation of the 1997 Constitution of the Republic of the Fiji Islands.

 

Tikina, Ni sa bula vinaka.

 

I write to raise my very strong concern and condemnation of the President Ratu Josefa Iloilo’s abrogation of the 1997 Constitution of the Republic of the Fiji Islands, made on the 10th of April 2009.

 

I would also like to inform you that your acceptance of the role of Prime Minister is illegal and could seriously implicate you in any future investigation.

 

Please quit while you’re ahead and return to the Citizens of Fiji what rightfully belongs to them, the leadership of the Country through their parliamentary representatives.

 

Let me remind you of the Chandrika Prasad Case of 2000 when you tried to abrogate the 1997 Constitution. The Fiji Court of Appeal later confirmed the finding of Justice Anthony Gates in the High Court that the Constitution was not abrogated because you had no right to do it.

 

Likewise a court would rule against the President’s abrogation of the Constitution on the 10th of April 2009 because a precedent has been set.

 

Let me frankly advice you as a fellow kinsman of Tailevu and Bau that you have been given bad legal advice and that you should sack your Attorney General. Please get a new legal team or seek a second opinion from a more experience lawyer. That is, if you care for your future and cherish the time where you will one day enjoy the quite comfort of retirement with you beautiful wife and grandchildren.

 

You have been given an exit strategy by the Fiji Court of Appeal in its ruling on the case of Qarase and Others v Bainimarama and Others of the 9th of April, 2009. Please use it and return to the Military Barracks.

 

I wish to categorically state to you in simple words that the 1997 is still alive. It is still beating in the pulse of the long suffering people of Fiji.

 

It maybe lying dormant now and suffering silently with the people but one day, like the legendary Phoenix, it will rise from the ashes of Fiji that you are burning. It will then be used with the Penal Code to prosecute you and lock you up for the rest of your life if you don’t quit now and give the leadership back to the People of Fiji.

 

Please respect the law and its due process. The law has taken its course and if you have any sense of patriotism left, then ensure that it is respected.

 

Finally, let me remind and quote to you from the 1997 Constitution of the Fiji Islands preamble that said,

 

 “WE, THE PEOPLE OF THE FIJI ISLANDS,SEEKING the blessing of God who has always watched over these islands……………………. WITH GOD AS OUR WITNESS, GIVE OURSELVES THIS CONSTITUTION”.

 

Tikina,  please read this and ponder it carefully, the 1997 Constitution was created by the people of Fiji via their parliamentary representative and only they via their parliamentary representative can amend it. Section 190 to 193 (Chapter 15) deals with amendment only and is silent on abrogation. Therefore, it could mean that no one, not even Parliament can abrogate the Constitution.

 

I trust that you would think very deeply about what I have written to you in this letter and please note that this is an open letter that will be circulated publicly so the World may know the counsel I have given you today.

 

Sincerely,

 

Usa.

 

 

Usaia Peter Waqatairewa ASA

President

Fiji Democracy & Freedom Movement – Sydney

Phone:    +61-2-8725 4036

Mobile:   +61-400 739 710

 

 

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12 Comments leave one →
  1. Viti permalink
    April 20, 2009 9:15 AM

    Usaia

    Thank you and keep up the good work.

    The pressure we put on them will frustrate them even if they choose to ignore your letter.

  2. Ropate permalink
    April 20, 2009 9:51 AM

    Vinaka vakalevu, Usa. That was very good of u to think of writing directly to Voreqe then if he refuses to accept yr wise counsel he has no excuse later on when you start applying pressure on him to step down. O kemuni na Bati i Bau. Na nomuni tavi mo ni vosa vakadodonu ni sebera ni o vakayagataka na valavala kaukauwa

  3. Fiji Democracy Now permalink
    April 20, 2009 9:56 AM

    We don’t think it’s right to call for total sanctions now. For one thing, we say you don’t fire all your ammunition in the first salvo.

    But also, we agree with all those say that a boycott of tourism will only hurt people who’ve done no wrong. Frank hasn’t got any interests in tourism and couldn’t care less. He let Chodopu$$ hit the industry hard in the first illegal budget. –

    And forget about the few collaborators from the industry. They don’t count for anything and they’ll soon enough realise they’ve made a big mistake in supporting the man who’s already done more damage to their pockets than
    Qoliqoli could ever do. •

    The thing with sanctions is to prioritise. An end to RFMF participation in peacekeeping would be the best way to bring the regime down quickly before it does more harm. When the troops can see that this is a real possibility they’ll have Frank out the back door and be ready to talk to the international community. It’s too late to stop the May departures for the Iraq deployment but just the right time for the later deployment.

    This is a real threat and it won’t hurt anyone except the RFMF. All the boys who don’t get deployed will be available to tell Frank what they think of him.

  4. Ropate permalink
    April 20, 2009 10:04 AM

    Fiji Democracy Now. Good point. May I also add another strategy which I thinRopate Says:

    April 20, 2009 at 3:15 am
    Reading the Sydney Declaration and resolutions passed at the weekend, I believe the Sydney meeting missed out on one vital strategy.

    What happened to all that talk on this blog site about taking Frank to the International Court of Justice in the Hague? The ICC was created specifically for situations like Fiji where cases of human rights abuses have no chance of being dealt with under national jurisdiction.

    The murder of the 5 CRW soldiers is a classic case in point. It was said that former Police Commissioner Anthony Hughes had collected all the necessary evidence to charge Frank B and a few of his henchmen for the murder of the CRW soldiers.

    Thats why Frank had to do his coup. To prevent the investigation taking its course.

    Waqatairewa as a former deputy in the Fiji Human Rights Commission should be able to lay his hands on some of this evidence to pursue the matter in the ICC.

    Action in the ICC can be initiated by any member state. Since the regime will not do anything to convict its leadership, there is nothing to stop NZ, Australia and any other member state of the ICC to file an action against Frank in the ICC.

    That clearly should be one line of action that the group in Sydney can pursue.

    Maybe they can add the name of Iloilo for his actions in condoning the traversty of justice through his support for Frank and for his actions in abrogating the Constitution. He will become the second head of state after the Sudanese President to be charged by the ICC.

    It means the minute either he or Frank steps foot outside of Fiji they will be arrested by Interpol and hauled off to the Hague.

    No more overseas medical check ups for both Frank and Iloilo

    k was missed out in the Sydney discussion and which I had pointed out in an earlier blog. I repeat

  5. Mark Manning permalink
    April 20, 2009 11:01 AM

    Admin2
    Could someone from S.V. / Tui , advise us all here on this site , as to the legal position , the true legal position , regarding the GCC , their Authority / willingness to convene in the 1st. instance and to then sack the President on the grounds of ill health / his being unable to execute the Duties of the President’s Office , their Authority / willingness to appoint a New President and Vice President , the New President’s Authority , as Commander in Chief of the Fiji Military Forces , to decommission Frank Bainimarama as Commander of the FMF and to appoint / Commission a New Commander of the Military , who could then have Frank Bainimarama and his supporters arrested for treason against the Republic of the Fiji Islands .
    As well as advising us here on this site as to the legal position on these matters , please explain the ramifications of the Court of Appeal’s findings .
    I understand it to mean this :-
    The Court of Appeal , overturned Justice Gates finding and found that the President did ” not ” have the Authority to appoint the Commander , Frank Bainimarama as Interim Prime Minister and that subsequently , all Decrees , Appointments and Promulgation’s by Frank Bainimarama since December the 5th. 2006 , are illegal , have no basis in Law and are consequently null and void , including Frank Bainimarama’s assertion that the GCC no longer exists in it’s original form .
    It follows then , does it not , that if my assumptions are correct and that the above is a correct interpretation , that the GCC , in it’s original form , with it’s original members except one , are the Legal Authority in this regard and that they in fact , have an obligation to act !
    Fijians are looking to their leaders to lead them and yet despite the Court of Appeal’s ruling and having been handed the Authority yet again , members of the GCC seem to have folded like a deck of cards .
    In this case , I would submit that they no longer deserve to carry the Title that has been bestowed upon them , either collectively or as individuals .
    Great Council of Chiefs , means just that !
    Further to the above , could you advise us as to the legal position etc. in regards to the President’s assertion that he has Abrogated the Constitution .
    My limited understanding of this assertion is that he also , in abrogating or purporting to have Abrogated the constitution , has committed treason !
    Can you also explain the difference between , Decree , Appoint , Authority , Promulgate , Purport etc. in point form with an explanation explaining what each means and where each should be used and by whom ?
    Could someone lay it out for us in Legal terms and in Layman’s terms so that we all understand the true and legal position on all these matters ?

  6. Mark Manning permalink
    April 20, 2009 11:09 AM

    If my previous post is correct , then where does that leave the obligations of Soldiers who , by now , may be totally confused as to who and whose orders they are Legally obliged to follow , which orders they should be following and whether or not , despite the President’s assertion that he has Abrogated the Constitution of the Republic of Fiji Island’s Constitution , they are obliged to follow orders from a newly appointed President under the original Constitution .
    I’m sure some Soldiers are reading these blog sites and are looking for some guidance .
    So let’s give it to them please !

  7. meme permalink
    April 20, 2009 12:51 PM

    Excellent work Usa ! Keep it up ! This is the kind of pressure he needs ! Make sure this letter gets to him and he’s P.S. Naupoto . Can this be translated into Fijian and circulated amongst the Fijian communities in Fiji ? It’s just an idea , in order to get the information to those that don’t understand what is going on .

  8. April 20, 2009 1:32 PM

    Well done Pita and congratulations on getting things off the ground. Lets hope that people rally around you for the cause – Democracy and Freedon for Fij.

    iRopate I’m with you, in that there should be a multi faceted attack. To fast track the case to the Hague would be one. However the collection of evidence would be very hard given that “shredding” is a favourite passtime in Govt Building!!!

    The other is to lobby the UN Security Council to expel Fj from Peacekeeping Forces. It does not have to await the next contingent. It would be a most effective way of putting pressure on the Vore and the only people that would feel the impact would be the soldiers…. isa, and their families. Imagine having all those soldiers arriving home!!!

    Lobbying the Aust Govt to help with the expulsion of Fj as well as taking the case to the Hague, really should start asap.

  9. Katalina Balawanilotu permalink
    April 21, 2009 6:38 AM

    I applaud the letter and the great effort by Usaia P Waqatairewa and team. Along with the Fijians in and around Sydney for attendance, cooking, setting up, serving, packing up, clearing and cleaning up — the ladies of course ! Vinaka vakalevu na veitokoni kei na veikauwaitaki tiko ki vanua.

  10. April 21, 2009 2:12 PM

    Vinaka Usa!. It takes a warrior like yourself and the rest of your group to act on what you believe in!. Now that i know that you hail from Cautata,……sa rauta!. Mo qaqa tiko!. Keimami na tiko yani qo e Viti keimami ni masulaki kemudou tiko yani!. Me rawa vinaka na nomudou sasaga!.

  11. April 22, 2009 11:52 AM

    pita sa vinaka na ka osa vakaitavi taki iko kina,vinaka na vosa vakadodonu,ia meu tukuna vakadodonu vei iko,drau mataqali vata saraga kei nomu tikina.drau nothing ia drau qai via something.qarava madaga nomu bula ni vuvale saga me rawa eso so na ka e serene.me kemami raica na tolotolo e vosa tiko keimami kila ni sa bau rawati koya toka.rolling stone gathers no moss.sa dri yani.

  12. tailevu princess permalink
    June 11, 2009 6:24 AM

    @ Tailevu kid, if you havent got anything constructive to say. Just keep your lomaca to yourself. If you are not willing to participate in this worthwhile movement which is for the betterment of our country, you must as well flush that head of yours in the toilet coz your brains deserve that.

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