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A tribute to my father Jai Ram Reddy Former Leader of the Opposition, Fiji

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A tribute to my father Jai Ram Reddy
Former Leader of the Opposition, Fiji
Author: Helen Reddy, London

 Born 12 May 1937, Lautoka, Fiji
 Leader of Fiji’s Official Opposition, 1977 to 1983 and
 Attorney-General of Fiji & Minister of Justice, May 1987
 Leader of the Official Opposition, Fiji, 1992 to 1999
 Awarded Fiji’s highest honour, Companion of the Order of Fiji, 1998
 President of the Court of Appeal, Fiji, 2000, 2002 to 2003
 Judge of the International Criminal Tribunal for Rwanda, 2003 to 2008
 Died 29 August 2022, Auckland, New Zealand

“My Fiji, I offer a vision which sees this beloved land of ours united in its diversity, forged out of its adversity, and built on trust. I offer you a vision of Fiji which historians will say that, in the midst of tragedy, we found courage and wisdom, and foresight and determination to lead the nation away from the precipice into a prosperous future. I can only hope that my vision for this most wonderful of nations will fulfil its promise. I can only pray that we who have the moment at hand will find the courage, the strength and the determination to let the past be the past and build a nation that will stand not just to 20/20, but down through the centuries.” Jai Ram Reddy, 1993

Fiji mourns the passing on day month 2021 of one of its most principled and eloquent post-independence leaders, my father Jai Ram Reddy, lawyer, judge, and Indo-Fijian statesman. Like most Indo-Fijians of their time, Justice Reddy’s parents Pethi and Yenkatamma Reddy were indentured labourers “Girmitiyas”, brought from India to Fiji during colonial rule. Like many of their
generation, they were farming folk who wanted a better future for their children. They worked the fields and saved hard to send their eldest son, Jai Ram, to study law in New Zealand. Their dreams were realised, and he was admitted as a barrister and solicitor to the New Zealand bar in 1960 and to the Fiji bar the following year.

Justice Reddy enjoyed a long and illustrious legal career, both as crown and defence counsel leading up to his appointment as the Minister of Justice and Attorney-General of Fiji during the short-lived Bavadra government of 1987 and subsequently President of Fiji’s Court of Appeal in the early 2000s. His areas of practice were broad, but he was particularly invested in criminal law and practice. Known for his formidable advocacy skills and forensic legal mind, he was regarded as a pit-bull in the courtroom with an unwavering commitment to his clients. In 2003, the United Nations General Assembly elected him as a member of the International Criminal Tribunal for Rwanda (‘ICTR’), based in Arusha, Tanzania, on which he served for five years.

As to his political career, Justice Reddy was appointed a senator in the early 1970s before his election as Leader of the Opposition in 1977. In 1987, he served in the Bavadra Government as Minister of Justice and Attorney-General. Sadly, that government was short-lived following the first of Fiji’s military coups in May of the same year. Politically he was a social democrat with liberal instincts. Throughout his long political career, he argued for equity, social justice, and racial equality. Vehemently opposed to the death penalty on the grounds it offends the inalienable right to life, he, amongst others, advocated for its abolition in Fiji. He also supported the legitimatisation of same-sex unions and led the parliamentary debate against French nuclear testing in the Pacific. However, it is likely, that Justice Reddy will ultimately be remembered best for his commitment to the values of multi-culturalism and pluralism in a post-colonial Fiji which had endured military coups and political instability from 1987 to the late 1990s. His political career will be defined by his investment and leadership in the conception, drafting and implementation of a progressive post-independence constitution and his recognition that a commitment to compromise and power-sharing with indigenous Fijian leaders and parliamentarians was the only way forward in a deeply divided Fiji.

A Daughter’s Reflections

Historians, political commentators, and analysts will define their narratives about my father and his legacy. As his daughter, I simply seek to celebrate and mark his life with a personal perspective about him and his career.

My father undoubtedly had an intellectual disposition, but his interests were not confined to law and politics, and it would feel incomplete not to address some of those interests. He loved the odd bet on the horses and I distinctly recall being dragged to the Eltham races on several occasions as a child. He also loved literature, philosophy, and comedy. Those who knew him intimately will recall his love for William Shakespeare and his extraordinary ability to recite Shakespearean sonnets and soliloquies – even when his Alzheimer’s was well-advanced. As a young student, he developed an interest in philosophy and his outlook and perspectives were shaped by both Eastern and Western writers and intellectuals. Possessing a dry, acerbic wit himself, he enjoyed satire and comedy – particularly the British variety – and was an ardent fan of all things involving Monty Python and other comics of that tradition. He also liked old Hindi songs, but he loved Ghazals the most. He wasn’t the greatest singer but after a couple glasses of red wine, he would sing along to those old melodies with much gusto at dinner parties. It made him happy.

Whilst I missed out on observing my father, the lawyer, I was fortunate enough to observe him when he presided as a jurist at the International Criminal Tribunal of Rwanda (‘ICTR’) between 2003 and 2008. I visited him in Arusha, Tanzania in 2007. He was sitting on a bench comprised of two other international jurists. The four defendants were military men accused of genocide against the Tutsi population in Rwanda. He was considered one of the finest judges there. As a lawyer, I found the proceedings fascinating and as a daughter, I felt very proud.

When reflecting on my father’s political legacy, I am cognisant of how urgent and prescient his brand of politics might feel given the rise and global reach of ethnic nationalism and identity politics. My father firmly believed that leadership in the Fijian context required moral courage, an empathy for ‘the other’ and an acute appreciation of how history and context shaped the political and social fabric of the country. It is through him I developed an understanding of the importance of adopting a pluralist approach and working across the political aisle for the greater good of all communities in Fiji. Similarly, I developed an appreciation of how the colonial legacy of divide and rule cultivated and fostered the deep racial divide, mistrust and communalism which have featured so tragically in Fiji’s political landscape.

An appreciation of context is obviously so important, but my father’s message was that we all share a collective responsibility to reflect, critique and overcome the historical legacies, structures and values which impede the art of empathy and compromise. Following a formal and substantive review of the 1990 constitution (the latter of which was conceived following the military take-over in 1987 and largely regarded as racially discriminatory), my father had the singular honour of being the first Indo-Fijian to be invited to speak to the Great Council of Chiefs. It was a seminal moment as Fiji was on the precipice of ratifying a progressive new constitution. In that speech, he talked about the respective fears and interests of both the indigenous Fijian and Indo-Fijian communities. He also spoke of the importance of power-sharing in the context of a politically, and socially fractured Fiji following the military coups in 1987. I quote

Dad’s final words from that speech:

“In one of his nation’s darkest hours, that courageous and visionary leader, Franklin Roosevelt,
said, and I quote:
“to some generations much is given; of other generations much is asked.
This generation has a rendezvous with destiny.”
Much was asked of Ratu Cakobau’s generation of Chiefs. Much is asked of this generation of
Chiefs. Much is asked of us all.

Let us therefore gather our courage and set ourselves united to the finishing of the noble task to which our history, our heritage and our motherland now call us. This generation must keep its rendezvous with destiny. And to future generations, much will be given”. From the perspective of many, that defining moment was squandered and the tragic events which have taken place in Fiji over the past two decades speak volumes. I know how profoundly disappointed my father was that his vision of an inclusive society was mercilessly rebuked by what he described as blinkered communalism. Of course, another military coup then took place, and the rest is history. Notwithstanding those events, may the arc of history bend towards that rendezvous he spoke of on that hopeful occasion. May his dream of a fully democratised Fiji be realised and let it be a Fiji with fair and accessible rights to political representation, education, and economic parity for all its people.

On this saddest of occasions, it feels fitting to conclude with a quote from that great, visionary civil
rights leader Dr Martin Luther King Jr:
“There comes a time when one must take a position that is neither safe, nor politic, nor
popular, but he must take it because conscience tells him it is right”.

Helen Reddy
London
29 August 2022

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Fiji News

Fiji ‘worse off today’, former PM warns, as Rabuka’s constitution overhaul faces backlash

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Mahendra Chaudhry, Fiji’s first and only prime minister of Indian descent, has warned that the island nation is “worse off today than we were at independence” and that its political leadership must focus on solving social and economic issues rather than “making multiple constitutions”.

Chaudhry made the comments over the weekend while making a submission to a special parliamentary committee – led by Prime Minister Sitiveni Rabuka – on the country’s constitutional reform process in Vanua Levu, Fiji’s second main island.

“Are we doing enough to alleviate the problems that we face as a nation that our people face, problems of poverty, hunger, unemployment, poor health services, education problems, crumbling infrastructure, the invasion by drug traffickers, HIV, NCDs (non-communicable diseases)?

“Is the economy delivering to the people? Are we giving sufficient attention to the economic problems that the nation faces? Because you can do nothing on the back of a failing economy.

“These are areas where our attention should be focused,” the former prime minister, whose government was held hostage at gunpoint for 56 days during the 2000 ethno-nationalist coup, said.

Sitiveni Rabuka and Mahnedra Chaudhry embrace at the reconciliation church service on 14 May 2023.
Mahendra Chaudhry, right, embraces Sitiveni Rabuka during a reconciliation church service on 14 May 2023.

Fiji Government

Rabuka’s coalition has made it its mission to replace the 2013 Constitution – widely criticised as being imposed by the previous Bainimarama administration – ahead of a looming election.

His government is currently conducting nationwide public consultations on its Constitution (Amendment) Bill 2026, which passed its second reading earlier this month and is set to be brought back to parliament for its third reading next week.

If the bill passes its third reading, Fiji is set to hold its first national referendum in December, where the people will vote on whether they want Rabuka’s constitution. In its current form, the bill – presented to parliament in September – has been criticised as a downgrade from what the Constitution Review Commission had proposed.

Fijian Prime Minister Sitiveni Rabuka
Prime Minister Sitiveni Rabuka

RNZ Pacific / Fiji Parliament

Rabuka and his inner circle are backing the removal of the current constitution despite widespread opposition from local community leaders, non-governmental organisations as well as his own coalition partners who say that the process is being “rushed”.

Rabuka, 78, said he had a responsibility that he would review and amend the 2013 Constitution and “that’s what we’re going for”.

“You voted for us – some in government and some in opposition – so we have the collective vote of the people of Fiji,” he said at one of the public consulations last week.

“And you have entrusted us of doing the amendment in accordance with the rules of the country.”

The move has also given rise to online conspiracies and misinformation that Rabuka is deliberately trying to delay the election, forcing him to provide assurances that the general election will proceed as planned.

More than 723,000 eligible voters are expected to head to the polls no later than 6 February 2027.

Rabuka has so far kept the date of the general election close to his chest, stating previously that the election date will be announced after the constitutional reform process was completed.

“This is the fifth constitution that we will be looking at. Have the four previous constitutions served our purpose? Has it helped the people?” Chaudhry asked.

“Why do we rush this process of a new constitution? It can wait,” he said.

Chaudhry said Fiji could have an election under the 2013 Constitution and the incoming government could deal with the constitutional reform process.

“We have got to listen to the people. In this process, what I have noticed is that everybody has complained,” he said.

“If anything that has come through very clearly and loud in this consultation meeting, it is the people saying, ‘No, look, give us more time’.”

While the government’s constitution bill maintains the common national identity ‘Fijian’ for all its citizens, it proposes a new parliamentary system, brings back an unelected senate, changes the current electoral system, and provides “excessive concentration of constitutional power in the Executive”, according to Fiji’s Centre for Democracy and Dialogue.

It also includes Christianity as a founding value.

Chaudhry said the country should be looking at the proposed constitution that was presented by the Constitution Review Commission and not the government’s version of the document.

“Having had a look at the constitution presented as Bill 32 of 2026, I find it divisive, undemocratic, and discriminatory in many of its provisions,” he said.

“I have no problems with Christian values. I think they are good values, but I believe that religion and state must be kept apart because this is one aspect which can cause serious division [in a] multiracial country like Fiji between communities.

“I am a Hindu. My wife is a Christian. We have no problems. She practices her religion. I do mine. So where is the problem? Why do we have to put in something which is causing controversy? Is it necessary? It is not.”

RNZ

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PM confirms the next general elections will be held under the current electoral system and by Feb 6th 2027

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With some creating confusion by saying that the general elections will not be held during the required legal timeline under the 2013 Constitution, and uncertainties surrounding drastic changes to the electoral system that could affect the Fijian Elections Office’s preparations with only about 8 weeks to go for the Writ of Elections to be issued, Prime Minister, Sitiveni Rabuka has today made it clear that logically, the next general elections will be held under the current electoral system.

Rabuka made this clear in an exclusive interview when fijivillage News asked him on whether he can confirm to the people if the next general elections which has to be held by February 6th 2027, will be held under the current electoral system.

We also asked Rabuka whether any electoral changes, including those in the Constitution Amendment Bill on the drawing up of electoral boundaries if a multi constituency electoral system is approved, will be used in the elections after the 2027 elections as we need the boundaries drawn up, and population figures based on the census, which is scheduled to be held next year.

In his response, the Prime Minister says the constituency boundaries have to be drawn up and the census will take place next year.

Rabuka says the census data will provide the essential information for the Electoral Commission to do their work in time for any elections eventually the next government will face.

In a recent interview, Supervisor of Elections, Ana Mataiciwa had said that the Fijian Elections Office is ready to deliver the general elections under the current system based on the legal timeline where the last day for the Writ of Elections to be issued by the President on the advice of the Prime Minister is December 24th this year and the last date for the general elections is February 6th 2027.

She had said it would be impossible to deliver the general elections operationally within this timeframe if drastic changes are made to the electoral system including a multi constituency system.

The transitional provision of the Constitution Amendment Bill states that on the commencement of the law, the current parliament continues until it is dissolved or ends its term in accordance with section 58 of the 2013 Constitution.

This means the next general elections will be held under the legal timetable specified in the 2013 Constitution – the last day for the Writ of Elections to be issued is 24th December this year and the last day for the general elections is February 6th next year.

It is also stated that the 2026 Constitution Amendment Bill, if passed, will come into force on 31st March 2028.

However the President may, by Proclamation published in the Gazette, fix a date earlier than 31st March 2028.

Despite the commencement, section 58 of the 2013 Constitution continues to apply to the current parliament, and the maximum term of the current parliament remains 4 years from the date of the first meeting of the first Parliament.

The Constitution Amendment Bill also proposes the retention of a 55 member Parliament however a system is proposed where 33 constituency members or such number as Parliament may by written law

prescribe, which includes 5 maritime constituencies chosen directly by the registered voters of those constituencies in a first-past-the-post election; and 22 party list members or such number as Parliament may by written law prescribe, allocated to political parties in proportion to the total number of votes for the candidates of that party in the constituency seats.

Parliament or the House of Representatives is to be composed in a manner that reflects, as closely as practicable, the proportion of votes cast for political parties.

A political party is entitled to proportional representation if it secures not less than

5 percent of the party vote.

Constituency seats won are deducted from each party’s proportional entitlement, with the balance filled from party lists.

The Party list seats must be allocated in accordance with a written law prescribing an appropriate mathematical rounding method, which rounds fractions to whole numbers to determine seat allocations.

Candidates unaffiliated with a political party may contest constituency seats, and if elected, serve as independent members without affecting proportional allocation.

A candidate of a party can stand for election in a constituency seat and be included in the party’s list for a party list seat.

The Bill says Parliament may provide, by written law, for temporary special measures relating to the way in which party lists must be constituted, for example measures to ensure, as far as possible, equal numbers of male and female candidates; or measures to otherwise facilitate diverse representation on party lists.

The maritime constituencies are Rotuma, Yasawa, Kadavu, Lomaiviti and Lau.

A candidate for election to the House of Representatives must be either nominated by a registered political party or nominated as an independent candidate in accordance with the laws governing elections.

A person may be a candidate for election to the House of Representatives only if the person is a citizen of Fiji; is qualified to be registered as a voter and is registered on the Register of

Voters; is ordinarily resident in Fiji for at least 2 years immediately before being nominated; is not an undischarged bankrupt; is not a member of the Electoral Commission and has not been a member of that Commission at any time during the 4 years immediately before being nominated; is not subject to a sentence of imprisonment when nominated; has not, at any time during the 8 years immediately before being nominated, been convicted of an offence under any law for which the maximum penalty is a term of imprisonment of 12 months or more; and has not, in the 5 years immediately before being nominated, been found guilty of any offence under a law relating to elections, registration of political parties or registration of voters.

The total number of candidates that a political party may nominate for any general election must not be more than the total number of seats in the House of Representatives, and the total number of candidates that a political party may nominate for any by-election must not be more than the total number of vacant seats in the House of Representatives for which the by-election is held.

If a seat in the House of Representatives becomes vacant, the vacancy must be filled in the case of a constituency seat, by a by-election; and in the case of a party list seat, by the next candidate on the party list; or if there is no next candidate on the party list, by a by-election.

The Bill also proposes the House of Representatives continues for 5 years from the date of its first meeting after a general election of the members of the House of Representatives, unless sooner dissolved in accordance with the Constitution.

 

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‘Respect the people’: Fiji coalition clash over Rabuka’s fast-tracked constitutional referendum

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Cracks are starting to show within Sitiveni Rabuka’s coalition government ahead of a looming general election and a potential national referendum, as the country prepares to mark its 56th anniversary on Saturday.

This follows the National Federation Party (NFP) and the Social Democratic Liberal Party (Sodelpa), both the minor partners that helped Rabuka return to power, publicly calling out the prime minister for fast-tracking a constitutional reform process.

NFP leader Biman Prasad, who said earlier that his party fully supported the joint parliamentary process to review Fiji’s proposed Constitution (Amendment) Bill to change the 2013 Constitution, shifted his stance after Rabuka pre-emptively announced a referendum date.

“We (NFP) have said all along very clearly that the new constitution, once and if it is passed and approved, the implementation of that constitution should not be rushed,” Prasad, who was one of three Fiji deputy prime ministers, said on Monday.

However, in a statement on Tuesday, he declared that the NFP “outrightly rejects” Rabuka’s attempt to fast-track the process, comparing the approach to the previous Bainimarama administration’s unilateral implementation of the 2013 Constitution.

He said Rabuka’s announcement was inconsistent with Section 160(3) of the 2013 Constitution on holding a referendum.

“This is not how to formulate a genuine, meaningful, and fair constitution for all our people,” Prasad said.

“It is now clear that [Rabuka] is pre-empting the outcome even before the bipartisan special parliamentary committee, which was unanimously agreed to by parliament last week, has met and started scrutiny and consultation with the people on the draft constitution bill.”

“The prime minister must reconsider his position and respect the people.”

Biman Prasad, left, and Sitiveni Rabuka in December 2022.
Biman Prasad, left, and Sitiveni Rabuka in December 2022.

RNZ Pacific / Kelvin Anthony

The election and referendum timelines

Fiji is expected to hold elections by 6 February at the latest as the Rabuka administration’s term legally comes to an end on 24 December. Rabuka has delayed announcing an election date, previously telling RNZ Pacific that it depends on the constitutional reform process.

The prime minister prematurely announced the referendum date for 9 December after the government’s Constitution (Amendment) Bill passed its second reading last Friday. He also announced that he would write to the Electoral Commission to suspend all election-related campaigning until after the referendum.

During the crucial second reading, the government secured 38 votes (out of 53) in favour of the bill to meet the required two-thirds majority of 36 MPs needed to progress the legislation to the next stage.

The Electoral Commission has stated that it would “give the matter serious consideration” before making any decision.

“We will deliberate and consider the extent of the discretion provided under section 15(2) of the National Referendum Act 2026 that provides guidance when the discretion is activated, and whether it should be exercised, including the reasons for and against doing so and the potential impacts of either approach,” it said in a statement.

Demand for ‘constitutional order’

Sodelpa is calling on Rabuka to “immediately respect constitutional boundaries” regarding the national referendum process.

“The rule of law and constitutional order in Fiji cannot be subordinated to executive convenience or political scheduling,” Sodelpa leader Aseri Radrodro, who is also Rabuka’s education minister, said in a statement.

The party said no one was above the law and that all parliamentarians must make decisions that prioritised the Fijian people.

Some of Fiji’s leading civil society organisations have warned that the Electoral Commission cannot lawfully suspend general election campaigning at this stage.

Fiji’s opposition condemned the announcement, saying that Rabuka was “putting the cart before the horse”.

Justice Minister Siromi Turaga has defended the process, stating on Monday that the government would systematically inform the Fijian people about the bill.

But Prasad said parliamentarians cannot do a deal on the constitution behind closed doors.

He said the government must first go back to the people to ask them what they think about the constitution bill.

“That will take time,” he said.

“All our citizens must understand what the draft constitution says and what it means for them. We could never do this in 30 days.

“If this process must be finished after the next election, so be it.”

Prasad said announcing a referendum was not Rabuka’s decision, as under the law, only the president can do that.

“And only after the bill has been passed by parliament. How does the Prime Minister then expect the people to vote for a constitution they have barely seen?”

“This announcement [of a] referendum and the process is wrong. The whole point of a new constitution is to bring our people together. It is not to divide us further.”

More than 723,000 eligible Fijian voters have registered to cast their vote at the general election.

RNZ

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