2009 Fijian constitutional crisis
Encyclopedia
The Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...

an constitutional crisis of 2009 began on Friday, 10 April 2009. Fijian President
President of Fiji
The President of the Republic of Fiji is the head of state of Fiji. The President was appointed by the Great Council of Chiefs for a five-year term under the terms of the now-suspended 1997 constitution. The Great Council of Chiefs is constitutionally required to consult the Prime Minister, but...

 Ratu Josefa Iloilo
Josefa Iloilo
Ratu Josefa Iloilovatu Uluivuda, CF, MBE, MSD, KStJ was the President of Fiji from 2000 until 2009, excluding a brief period from 5 December 2006 until 4 January 2007 . He held the traditional title of Tui Vuda, the paramount chief of the Vuda district in Ba Province on Fiji's northwest coast...

 announced on a nationwide radio broadcast that he had suspended the Constitution of Fiji
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....

, dismissed all judges and constitutional appointees and assumed all governance
Governance
Governance is the act of governing. It relates to decisions that define expectations, grant power, or verify performance. It consists of either a separate process or part of management or leadership processes...

 in the country after the Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...

 ruled that the government of Prime Minister
Prime Minister of Fiji
The Prime Minister of the Republic of Fiji is the head of government of Fiji. The Prime Minister was appointed by the President under the terms of the now-suspended 1997 constitution....

 Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...

 was illegal. Iloilo reinstalled Bainimarama as PM and his Cabinet members to their positions. He also instituted emergency rule which increased police powers and allowed media censorship.

Background

On Thursday, 9 April 2009, the Court of Appeal
Court of Appeal (Fiji)
The Court of Appeal of Fiji is one of three courts established by Chapter 9 of the Constitution, the others being the High Court and the Supreme Court. The Court of Appeal was a new institution established when the 1997 Constitution came into effect; the other two courts predated it...

, the second highest in Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...

, issued a ruling stating the illegality of the 2006 Fijian coup d'état
2006 Fijian coup d'état
The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005-2006 Fijian political crisis....

, which removed the government of Laisenia Qarase
Laisenia Qarase
Laisenia Qarase is a Fijian political figure. He served as the sixth Prime Minister of Fiji from 2000 to 2006. After the military quashed the coup that led to the removal of Mahendra Chaudhry, Qarase joined the Interim Military Government as a financial adviser on 9 June 2000, until his appointment...

 from power, replacing it with military rule
Military dictatorship
A military dictatorship is a form of government where in the political power resides with the military. It is similar but not identical to a stratocracy, a state ruled directly by the military....

. The court also called the interim government established in January 2007 "invalid." The ruling legally dissolved the current parliament.

The Court of Appeals ordered President Iloilo to appoint a "distinguished person" to act as a caretaker Prime Minister and oversee the dissolution of parliament. The court further ordered that Iloilo was forbidden from appointing either current Prime Minister Frank Bainimarama
Frank Bainimarama
Commodore Josaia Voreqe Bainimarama, CF, MSD, OStJ, Fijian Navy, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu , is a Fijian naval officer and politician. He is the Commander of the Fijian Military Forces and, as of April 2009, Prime Minister...

 or former Prime Minister Laisenia Qarase as the caretaker.

The Court of Appeals ruling "prompted" the Prime Minister to step down from power. Iloilo had sworn Bainimarama into office in January 2007. Bainimarama immediately reverted to his former position as army
Military of Fiji
The Republic of Fiji Military Forces are the military of the Pacific island nation of Fiji. With a total manpower of 3,500 active soldiers and 6,000 reservists, it is one of the smallest militaries in the world. However, most of its surrounding island nations have no militaries at all...

 commander
Commander
Commander is a naval rank which is also sometimes used as a military title depending on the individual customs of a given military service. Commander is also used as a rank or title in some organizations outside of the armed forces, particularly in police and law enforcement.-Commander as a naval...

. His cabinet also resigned after the court's ruling.

Suspension of Constitution

President Iloilo issued a statement the following day saying, "I hereby confirm I have abrogated the 1997 constitution
Constitution of Fiji
The 1997 Constitution of Fiji was the supreme law of Fiji from its adoption in 1997 until 2009 when President Josefa Iloilo purported to abrogate it. It was also suspended for a period following the 2000 coup d'état led by Commodore Frank Bainimarama....

 and appointed myself as head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...

 in the new order." Iloilo immediately assumed all political power in the country.

In his statement, Iloilo fired the Fijian judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...

 and nullified all judicial appointments. He stated that "All judicial appointments are no longer in place. New appointments are to be made for judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s, magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...

s and other judicial officer
Judicial officer
A judicial officer is a person with the responsibilities and powers to facilitate, arbitrate, preside over, and make decisions and directions in regard to the application of the law....

s. I will soon be inviting suitable individuals to join or rejoin the bench under the New Order." He also decreed that all existing laws would remain in place.

Iloilo announced that Fiji would hold democratic elections in September 2014 "at the latest." He also promised to appoint an interim
Interim
Interim is an album by British rock band The Fall, compiled from live and studio material and released in 2004. It features the first officially released versions of "Clasp Hands", "Blindness" and "What About Us?" — all of which were later included on the band's next studio album Fall Heads Roll —...

 prime minister. To that end, he issued a decree which allowed him to appoint a Prime Minister by decree. Parliament had not met since the 2006 coup. He subsequently re-appointed Frank Bainimarama as the "new" Interim prime minister. Bainimarama later reinstalled all of his previous Cabinet members to their same positions. In an 17 April speech to civil servants Bainimarama announced that his government was not an interim one and that elections would not be held before 2014: "A new Legal Order means there is no longer the old. There is no need to speculate as to what happened, how it happened, what should have happened or what should not have happened. What is, is now, and the future." Iloilo's announcement of a new judiciary clarified that the abrogation of the constitution would not be subject to any judicial review.

Fiji was placed under a "Public Emergency Regulation", putting the country under emergency rule for 30 days. This regulation gave the police the right "to control the movement of people" and to stop any broadcast or publication it deemed "could cause disorder, promote disaffection or public alarm or undermine the government or state of Fiji". On some key roads, police had established roadblocks but the military was not involved. Police "postponed" any assemblies of more than 100 people and revoked permits already issued including the annual meeting of the Fiji Nursing Association and perhaps the elections of the Fiji Teachers Union. In July, the annual Methodist general meeting was not given a permit. Several Methodist Church leaders and a village high chief who was providing space for the meeting were arrested and released on condition that they not appear in public. The Methodist annual meeting scheduled for August was later cancelled by church leadership.

All positions established under the 1997 Constitution were held to be vacant. In the following days, some of these office holders were reinstalled into the same offices, including the Commissioner of Police, the Commissioner of Prisons, the Commander of the RFMF, the Solicitor General. Others were not reappointed as in the case of the Governor of the Reserve Bank of Fiji who was replaced by the Deputy Governor. Other positions were not immediately refilled, such as the courts, the Constitutional Offices Commission, the Judicial Service Commission, the Disciplined Services Commission and the Human Rights Commission.

On 31 July, President Iloilo, 88-years old and thought to be ill, retired after having served since 2000 through all the coups, except for one month in 2006 when Bainimarama gave himself Presidential powers. Iloilo, a former Methodist church leader, was replaced by the Vice-President Epeli Nailatikau
Epeli Nailatikau
Brigadier-General Ratu Epeli Nailatikau, CF, LVO, OBE, MSD, OStJ, is a Fijian chief and the current President of Fiji. He has had a long career in the Military, diplomatic service, and government...

, a former military commander. Under the 1997 Constitution, the President is appointed by the Great Council of Chiefs but this has been suspended by Bainimarama who announced a replacement would be appointed by himself and his Cabinet at a time suitable for the regime.

Economy

As well as the rest of the world, Fiji had been influenced by the global financial crisis of 2008–2009 before the constitutional crisis began. Fiji's foreign currency reserves had fallen by 1/3 during 2008 and, in February 2009, Standard and Poor's downgraded Fiji's long term credit rating from stable to negative. Exports increased in 2008 and inflation declined; however, cashflow suffered from the global financial crisis and imports increased leading to a larger negative balance of trade
Balance of trade
The balance of trade is the difference between the monetary value of exports and imports of output in an economy over a certain period. It is the relationship between a nation's imports and exports...

.

After the constitutional crisis began, the Governor of the Reserve Bank of Fiji was removed from his position, as were all other people appointed to positions under the 1997 Constitution. The Reserve Bank quickly made several major moves, imposing currency exchange restrictions and devaluing the currency by 20% to benefit exporters and tourism. On 16 April, the Bank ordered Australian banks operating in Fiji to limit interest rates and institute microlending programs. Standard and Poor's lowered Fiji's credit rating on 16 April, with short term credit falling to a C from a B rating. On 21 April, Moody's
Moody's
Moody's Corporation is the holding company for Moody's Analytics and Moody's Investors Service, a credit rating agency which performs international financial research and analysis on commercial and government entities. The company also ranks the credit-worthiness of borrowers using a standardized...

 lowered Fiji's government bond, foreign currency bank deposit and foreign currency bond ratings, into junk bond status, stating ""Political instability is weakening Fiji's long-term economic strength" among other reasons.

In a move claimed to be aimed at cutting public corruption, Bainimarama announced "As a first up, from next week, all government vehicles being driven after hours will need to carry permits." Soldiers and police would be empowered to check for these permits.

As a cost-cutting measure, the mandatory retirement age for civil servants was reduced to 55, with 30 April 2009 set as the retirement day for any over that age. Since 2007, the Fiji Teacher Association had been fighting the order to lower the retirement age from 60 to 55; the Public Service Association had later joined as a party to the lawsuit. Certain high-level positions were given a retirement age of 65, including the position of Commander of the Military Forces held by Bainimarama who will turn 55 three days before the decree goes into effect. The decree was expected to force the retirement of over 800 teachers and about 100 nurses. (Another 40 nurses had already moved overseas during 2009 before the decree.)

Suppression of the Media

Reports indicated that as part of the Emergency Regulation "a Ministry of Information officer and a plain-clothed policeman would be stationed in every newsroom". The Permanent Secretary of the Department of Information explained the policy, saying that media are to "refrain from publishing and broadcasting any news item that is negative in nature, relating to the assumption of executive authority on 10 April...and the subsequent appointments..." Immediately after the decree as a form of protest, Fiji One
Fiji One
Fiji One is a Free to Air channel run by Fiji Television. It provides coverage throughout Fiji. It is fully funded from revenue generated through Commercial advertisement. For this reason, programs on Fiji One have commercial breaks, to allow advertisers that fund the programs to showcase their...

 TV did not run its evening news program and the Fiji Times
Fiji Times
The Fiji Times is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869, it is Fiji's oldest newspaper still operating....

went to press with large blank spaces where censored articles were removed. The Fiji Sun
Fiji Sun
The Fiji Sun is a daily newspaper published in Fiji. Owned by Sun News Limited, it was first published in September 1999. An internet edition is also published....

announced that it would no longer run any political stories of any sort. The Fiji Daily Post
Daily Post (Fiji)
The Fiji's Daily Post is a newspaper that was formed by Wame Waqanisanini JR in Oct 1987, who owned 50 percent of the shares. Taniela Bolea was the original publisher. The majority shares were later owned by the Fijian government. The government now has 44.70 percent of the shares while Australian...

mocked the restrictions, publishing stories under "Man gets on bus" and "Breakfast as usual".

On 13 April two of the last remaining foreign journalists in Fiji were called to Government House by the Ministry of Information. ABC Pacific Correspondent Sean Dorney was asked to voluntarily leave Fiji—which he refused citing his valid visa—and TV3 reporter Sia Aston's footage was confiscated by Fijian authorities. Both Dorney and Aston were deported from Fiji on 14 April, with Aston and TV3 cameraman Matt Smith banned from ever returning to Fiji, with the interim Government stating that all three had breached their visa conditions. Edwin Nand, a local journalist for Fiji TV, was imprisoned for 36 hours after he interviewed Dorney. Fijian Military spokesman Neumi Leweni stated that foreign journalists were welcome in Fiji, but must first apply and that "the invitation is decidedly conditional." However during an interview with Radio New Zealand
Radio New Zealand
Radio New Zealand is a New Zealand public service radio broadcaster and Crown entity formed by the Radio New Zealand Act 1995. It operates news, current affairs and arts network Radio New Zealand National and classical music and jazz network Radio New Zealand Concert with full government funding...

, Bainimarama said it was not necessary for their reporter to visit Fiji: "You just ask me the questions, I will give you the answers." On 17 April, military spokesman Neumi Leweni said foreign media personnel would have to apply to his office for visas and approval would be "based on how they have reported about Fiji in the past, if they have, or on the undertaking that they will report accurately and responsibly."

Fijian media outlets and journalists have also come under government scrutiny. There were rumours of the imminent deportation of Anne Fussell, the publisher of the Fiji Times
Fiji Times
The Fiji Times is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869, it is Fiji's oldest newspaper still operating....

 newspaper. Three newspaper editors had been deported in the 14 months before the crisis. Fijian journalists working for international media outlets have also been called before the military to explain reports.

The Government has also shut down two ABC
Australian Broadcasting Corporation
The Australian Broadcasting Corporation, commonly referred to as "the ABC" , is Australia's national public broadcaster...

 FM transmitters
Transmitter
In electronics and telecommunications a transmitter or radio transmitter is an electronic device which, with the aid of an antenna, produces radio waves. The transmitter itself generates a radio frequency alternating current, which is applied to the antenna. When excited by this alternating...

, meaning that both ABC and Radio New Zealand International
Radio New Zealand International
Radio New Zealand International , a division of Radio New Zealand, is the official international broadcasting station of New Zealand. It broadcasts a variety of news, current affairs and sports programmes in English and news in seven Pacific languages...

 are only available to Fiji via the shortwave
Shortwave
Shortwave radio refers to the upper MF and all of the HF portion of the radio spectrum, between 1,800–30,000 kHz. Shortwave radio received its name because the wavelengths in this band are shorter than 200 m which marked the original upper limit of the medium frequency band first used...

 service. Internet cafes have also become a target because of independent news bloggers, with many having to shut down. Networks, software and archives are inspected by government officials, with Commodore Bainimarama saying that free speech "causes trouble" and must be curbed in order for the Government to carry out reforms.

The Pacnews
Pacnews
Pacnews is a regional news agency and international wire service headquartered in Suva, Fiji. Pacnews is operated as a service of the Pacific Island News Association , a regional organization composed of journalists and news organizations in the Pacific Islands region...

 wire service
Wire Service
Wire Service is an American drama series that aired on ABC as part of its 1956-57 season lineup.-Synopsis:Wire Service focuses on three reporters for the fictional Trans-Globe wire service, which was similar to real-life news wire services such as the Associated Press and United Press International...

 announced they will no longer cover Fiji stories after police and censors required them to remove a story on the UN statements about the crisis. The announcement followed the detention of journalist Pita Ligaiula, a writer for Pacnews and correspondent for the Australian Associated Press
Australian Associated Press
Australian Associated Press is Australia's national news agency. The organisation was established in 1935 by Fairfax and The Herald and Weekly Times.AAP employs more than 175 journalists who work in bureaux in all Australian states and territories...

, who was arrested by two police officers and an official for the Ministry of Information on 15 April 2009. Matai Akauola, of the Pacific Islands News Association, reported that one of Ligaiula's byline
Byline
The byline on a newspaper or magazine article gives the name, and often the position, of the writer of the article. Bylines are traditionally placed between the headline and the text of the article, although some magazines place bylines at the bottom of the page, to leave more room for graphical...

s may have violated Fiji's current media restrictions. Pacnews has announced that it has no plans to relocate from its headquarters in Suva, Fiji, to another country due to the restrictions on reporting Fijian domestic news.

Local political reaction

The Soqosoqo Duavata ni Lewenivanua
Soqosoqo Duavata ni Lewenivanua
The Soqosoqo Duavata ni Lewenivanua is a political party in Fiji...

 party declared that the suspension of the constitution was another coup. The National Federation Party also condemned the President's actions. The Fiji Labour Party
Fiji Labour Party
The Fiji Labour Party is a political party in Fiji, which holds observer status with the Socialist International. Most of its support at present comes from the Indo-Fijian community, although it is officially multiracial and its first leader was an indigenous Fijian, Dr. Timoci Bavadra. It is...

 said that the country could not sustain a five-year wait for elections and urged elections to be called sooner.

International reaction

The UN Secretary General called for the "restoration of a legitimate government". The U.S. spoke of "deep disappointment" and Australia called the situation "grave and unwelcome". New Zealand's Foreign Minister referred to the situation as "a sorry recipe that has been tried by dictators in a number of other countries, always with tragic consequences." New Zealand Prime Minister John Key
John Key
John Phillip Key is the 38th Prime Minister of New Zealand, in office since 2008. He has led the New Zealand National Party since 2006....

 said that "the reality is that unless there is some miraculous turn around of events, Fiji is going to be suspended by the [Pacific Islands] forum in roughly two weeks," and that he would back immediate action. The forum's chair, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...

's Premier
Premier of Niue
The Premier of Niue is Niue's head of government. He or she is elected by the Niue Assembly, and forms a Cabinet consisting of him- or herself and three other members of the Assembly....

 Toke Talagi
Toke Talagi
Toke Tufukia Talagi is the current premier of Niue. He was elected premier by the Niue Assembly on 19 June 2008, defeating the standing premier Young Vivian by fourteen votes to five, with one abstaining....

, is also advocating immediate suspension.

Samoa
Samoa
Samoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...

n Prime Minister Tuilaepa Sailele took a particularly strong stance, saying "But one day soon the puppets will grow a brain and see Frank for the evil puppeteer he really is. It is then the curtains will fall on Frank..The whole thing is a political charade and the whole world is watching. Nobody is fooled and no one is laughing. Frank is only fooling himself..Go put back on his military uniform or..maybe, he’d look better in a prison uniform."

The United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

 issued a statement: "The members of the Security Council are deeply concerned about the situation in Fiji, where undemocratic decisions were made, including the abrogation of the constitution. The members of the Security Council express hopes that Fiji will make a steadfast advancement towards democracy and that fair elections will be held as soon as possible." The United Nations also said that it would not increase the number of Fijian police or soldiers involved in its peacekeeping operations, or deploy them on any future missions, although it would continue to use them in its existing operations.

On 1 May, the Pacific Islands Forum
Pacific Islands Forum
The Pacific Islands Forum is an inter-governmental organization that aims to enhance cooperation between the independent countries of the Pacific Ocean. It was founded in 1971 as the South Pacific Forum...

 suspended Fiji's membership as they had threatened months before if Fiji had not scheduled elections by that date. The 2009 suspension marked the first time that a country had been suspended from the Pacific Islands Forum in the history of the 38-year-old organization. As part of its suspensions, Fiji was also excluded from the discussions on the Pacific Agreement on Closer Economic Relations
Pacific Agreement on Closer Economic Relations
The Pacific Agreement on Closer Economic Relations is an umbrella agreement between members of the Pacific Islands Forum which provides a framework for the future development of trade cooperation.It was first signed at Nauru on 18 August, 2001 and entered into force on the 3rd October 2002...

 (PACER) and the Pacific Free Trade Agreement (PICTA).

The Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

suspended Fiji from its councils. In August, the Commonwealth gave Fiji until 1 September to announce scheduled elections to occur no later than October 2010. Failing that, Fiji would be "fully suspended" from the Commonwealth, a threat that was carried out when no such announcement was made.

External links

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