Regime begs EU for Sugar Funding

Fiji's dictatorship regime is now begging the European Union to release the $350 million grant the EU has withheld as assistance to cane farmers to boost their sugarcane crop.

Since the military coup of December 2006, the EU has so far cancelled allocations worth $172 million. The entire $350 million was a grant.

During a meeting between the regime and the EU in Brussels this week, the interim Foreign Affairs Minister Ratu Inoke Kubabola, who accompanied the regime's Prime Minister Frank Bainimarama to the meeting, is reported by Fiji Television as telling EU officials that the sugar funding has serious socio-economic implications.

Fiji TV reported that Kubuabola told the EU that the reduced sugar earnings was barely sufficient to neet operational costs of industry stakeholders and the withholding of the EU grant would be detrimental for the sustainability of the sugar industry.

Kubuabola's plea for EU help contradicts the stand taken by Bainimarama as well as Fiji Labour Party Leader Mahendra Chaudhry when he was the regime's Finance and Suar Minister.

Chaudhry had made it clear that the commitments made to the EU by the regime in April 2007 were not cast in stone, meaning the regime should not hold elections by March 2009 as required by the EU.

In June this year, Bainimarama told farmers that the regime would not look for overseas funding to revive the sugar industry.

He told the farmers to bite the bullet as the regime could not do anything if the EU decided not to release the funds.

The regime's change of tune comes as the sugar indusry is encountering one of is worst seasons in history.

We had earlier reported that cane production had fallen from 3.2 million tonnes in 2006 to 2.37 million tonnes last year. And the 2009 cane crop would be around 2 million tonnes or less.

The sugar production has declined from 310,000 tonnes in 2006 to 207,000 tonnes in 2008 with production declining below 200,000 tonnes for 2009.

NZ firm carried out spectrum study

Ponsonby Auckland based firm Streamcom was hired by the dictatorship regime to carry out a study of spectrum in Fiji, according to the interim regime.

The regime claims that based on the study, it has promulgated the Spectrum Decree nullifying the permanent status of all existing licence for frequencies used for radio broadcast, television broadcast, telecommunications, microwave links or any other service which uses radio frequency spectrum from 3HZ to 300GHz.

A cursory glance of information available on the web pages of Streamcom indicates the company specialises in Information Technology like creating websites, broadcast system design services, IT management.

According to the information, Streamcom and its subsidiaries do not have the expertise to carry out studies on spectrums or radio frequencies.

Our sources have established that the management of Streamcom was first visited in New Zealand by Fiji Broadcasting Commission Ltd (FBCL) general manager Riyaz Sayed-Khaiyum earlier this year. Sources say Riyaz visited Streamcom after being made aware of the IT company by Maori TV.

Streamcom maintained Pacific and Maori Radio, including iwi stations and the struggling Pacific Media Network, which runs the Auckland based 531pi ad NiuFM stations.

FBCL has already obtained a $17 million loan from Fiji Development Bank to set up a television station.

Coupfourpointfive has been told that the decision by Aiyaz Sayed-Khaiyum to make all broadcast licenses and frequencies temporary with immediate effect means that FBCL will be the biggest beneficiary of this Decree because frequencies used by Fiji Television can now be re-allocated entirely or shared by FBCL’s new television service without having to invest millions to set up transmitters or carry out a marketing campaign because people already have antennas and have their television sets tuned for the current frequency used by Fiji TV’s free channel.

Similarly, sources point out that rival and private radio station Communication Fiji Ltd, which has established itself as Fiji’s leading radio station, will be forced to either share or give away the frequencies of its popular radio station networks to FBCL to make it a permanent mouthpiece for the regime.

Our sources have established that Streamcom did not carry out any consultations or meetings with any broadcaster or existing licence holder.

Analysis of National Spectrum Decree

The Regulation of National Spectrum Decree that was promulgated by the regime appointed President Ratu Epeli Nailatikau bestows absolute powers on the interim Communications Minister Aiyaz Sayed-Khaiyum to control the allocation and re-allocation of frequencies used for all types of broadcast in Fiji.

The commencement of the Decree, dated 13th November, has cancelled all existing licenses and use of radio frequencies by Fiji’s radio television broadcasters, radio telephone operators etc. Radio and Television broadcasters using frequencies for many years are now operating on the frequencies on a temporary basis, subject to determination by the interim Minister (Aiyaz Sayed-Khaiyum), which may or may not result in the issuance of a new licence to them - 3(1) of Decree.

3(3) of the Decree states that no existing licensee or any other person or body shall be entitled to any compensation or any other remedy in relation to the cancellation, reallocation or any other action or decision whatsoever taken by the interim Minister or his agent. The Decree further states this is despite such action or decision’s impact on the allocation or use of spectrum, and, frequency or microwave links by the existing licensee (broadcasters) or any other persons.

3(4) is yet another clear signal of the regime’s interference and control of the judiciary following the abrogation of the Constitution in April. The Administration of Justice Decree threw out of the Court system all cases challenging the military coup of December 2006, termination of employment by the military of chief executives and other key post holders, the validity of the regime and the abrogation of the Constitution.

Similarly 3(4) of the latest Decree states no Court, Tribunal, Commission or any other adjudicating body shall have the jurisdiction to accept hear, determine or in an way entertain any challenges whatsoever (including application for judicial review), or award compensation to any one whose licence or frequency has been reallocated or cancelled.

5(1) of the Decree empowers the regime’s Minister (Sayed-Khaiyum) to allocate or reallocate frequencies as he deems just and fair in the national interest.

Part 6 of the Decree empowers him to make decisions and act in a manner that is fair, economically efficient and encourages competition in the market.

These two sections of the Decree clearly indicate that Fiji Broadcasting Commission Ltd, managed by Aiyaz’s younger brother Riyaz Sayed-Khaiyum will be the major beneficiary. It also mans that should Fiji TV’s licence to operate its free channel is either re-allocated or cancelled, FBCL’s proposed TV service will be assigned the frequency since it has nationwide coverage. A similar scenario exists for Communication Fiji Limited (private radio station) networks that have more extensive coverage throughout Fiji than FBCL stations.

Another beneficiary of this latest decision by Sayed-Khaiyum could be Mai TV, operated by former Fiji TV employee Richard Broadbridge. Mai TV has very limited coverage in basically urban centres in the Central Division and two centres in the Western Division.

Mai TV has secured the rights for the 2010 Soccer World Cup, which it is advertising as its prized catch. Sources point out that under the broadcast rights, Mai TV will have to show the entire World Cup throughout Fiji, which it had promised to do earlier this year.

They say since the World Cup is about 7 months away, there is no chance of Mai TV expanding its coverage area to throughout Fiji as this requires a substantial investment of millions of dollars.

Sources say no one should be surprised if Sayed-Khaiyum temporarily reallocates Fiji One TV frequency to Mai TV for the duration of the World Cup next year to ensure the struggling television broadcaster is able to fulfill its obligations.

Apart from radio, television broadcasters and radio telephone operators, all other users of a frequency between 3Hz and 300GHz are required to fully disclose their spectrum or frequencies. This also includes telecommunication operators as well as diplomatic missions that use secure communication frequencies to communicate abroad from Fiji.

Sources say this will allow the regime to eavesdrop on all communications happening both within Fiji as well as from Fiji to overseas destinations since they will have full and unrestricted access and knowledge of the frequencies. Sources say opponents of the regime and pro-democracy activists will be the biggest targets of the regime.

This is possible because every detail about the use of a certain frequency or microwave signal has to be submitted to the regime’s Communications Minister, instead of basic information that has been the case. The Decree empowers the regime to designate a ministry o telecommunications authority to monitor compliance by a licensee.

It means that no mode of communication will be safe and fool proof, which is further encroachment on the diminishing rights, freedoms and liberties of Fiji citizens and others residing in the dictatorship country.

Part 7 of the Decree states that any operator, broadcaster or person who uses a frequency in contravention of the allocation made by the regime’s Minister can be fined up to $100,000 or be imprisoned for up to 5 years.

And any one who fails to disclose full information about a frequency to the regime’s Minister can also be fined up to $100,000 or imprisoned for up to 5 years.

On the other hand those losing a licence or frequency have no legal redress for justice or compensation.

Sources point out that the provisions of the Spectrum Decree also indicates the power and influence of Aiyaz Sayed–Khaiyum in the regime despite some senior military officers like Pita Driti’s attempts to have him sacked.

Bainimarama meets with EC

Fiji's interim prime Minister Frank Bainimarama has met representatives from the European Commission in Brussels.

During his meeting he told the EC reps that his regime is committed to:
- upholding the rule of law
- strengthening the judiciary
- respecting human rights and democratic principles

In a statement, Bainimarama described the meeting as fruitful and constructive.

"Government believes that this informal meeting can now be taken to another level leading to the resumption of formal “consultations”, an objective of which is to review the Agreement signed in October 2007 between the European Union and Fiji on the political situation in Fiji."

Bainimarama briefed officials from the EC on the programs of institutional, judicial, constitutional and electoral reforms that are in place to begin in 2010 and in subsequent years and the reasons necessitating these reforms.

"The EC acknowledged the immense spectrum of work to be undertaken by the Government in the areas of reforms itemized above and look forward to the resumption of the consultation process to discuss and identify where and how it can constructively engage in the reform agenda highlighted by Government in the next five years," he said in a statement.

According to the statement, the two sides also discussed issues pertaining to the Strategic Framework for Change, the National Dialogue Forum and the Public Emergency Regulation.

Read full Decree - http://www.mediafire.com/?yzjhfmm0i5w

Regime creates broadcast media Decree

The interim regime has tightened its noose around broadcast media by promulgating the Regulation of National Spectrum Decree(Decree No. 48 of 2009).

The Decree was promulgated by the regime appointed President Ratu Epeli Nailatikau on 13th November 2009. It is the brainchild of interim Attorney-General Aiyaz Sayed-Khaiyum.

As the interim minister for Public Enterprises and Communication, Sayed-Khaiyum is not only in charge of the communications sector but also Fiji Broadcasting Corporation Ltd (Radio Fiji).

FBCL is managed by his younger brother, Riyaz Sayed-Khaiyum, and this Decree which nullifies the permanent status of all frequencies from 3Hz to 300GHz, is mostly aimed at assisting FBCL to launch its national state run television service on frequencies and infrastructure already installed and used by Fiji Television Company Limited.

Sources say the Decree has now converted all television and radio licenses to temporary status. The Decree gives the Communications minister – in this case Aiyaz Sayed-Khaiyum - absolute powers to revoke a broadcaster’s licence to use a frequency that it had been allocated.

Any broadcaster who falls victims of this draconian decree is prohibited from challenging the decision in any Court, Tribunal or Arbitration and cannot claim compensation.

We will have a comprehensive analysis of the Spectrum Decree and its intentions later.

Read full decree here - http://www.mediafire.com/?1hytjkyyivz

Bainimarama tells NZ to "butt out"

Fiji's interim prime minister Frank Bainimarama has spoken out for the first time about the eviction of New Zealand's High Commissioner a fortnight ago.

He told TVNZ's Sunday programme that the New Zealand government needs to "butt out".

"We've got to stop this. You've got to stop this bullying. If you bully people there will be some retaliation," he said.

"We're trying to send New Zealand a message. New Zealand has been telling us that they want to destroy our economy, destroy our judiciary and we want to tell New Zealand stop there," Bainimarama said.

He told Sunday's journalist Janet McIntyre he didn't care if his action has resulted in a decline of tourists.

"Well if there's going to be dwindling numbers because of that - so be it."

Watch video - http://tvnz.co.nz/politics-news/bainimarama-s-message-nz-butt-3145106/video

Army still wants Khaiyum out

Coupfourpointfive has been told the Military Council still wants Aiyaz Sayed Khaiyum removed from his position as interim Attorney General.

The Military Council's attempts since July to have Sayed-Khaiyum sacked have been in vain because of resistance from interim Prime Minister Frank Bainimarama, who was not satisfied with the candidates proposed by top military officers as his replacement.

One of them was the Attorney-General in Mahendra Chaudhry's Labour Government, Anand Singh, who lost his job in June as a legal consultant for Fiji National Provident Fund.

But sources have confirmed the Council has once again renewed its efforts to have Sayed-Khaiyum removed.

Our sources have established that RFMF's Land Force Commander, Colonel Pita Driti, has been personally contacting prominent businessmen and other personalities in the private sector, asking them to give him evidence of any business deals or any other activity that can be classified as corrupt, that have been conducted by Sayed-Khaiyum.

Coupfourpointfive has been told Driti has been the strongest critic of Sayed-Khaiyum and his determiknation to have the interim AG sacked is a major reason why Bainimarama is sending him away from Fiji, by nominating him to lead a 200 men peacekeeping mission to the Middle East.

Daylight saving to be re-introduced

Fiji's interim regime has approved the re-introduction of daylight saving.

It will take effect from Nov 29th until April 25th 2010.

Cabinet based its decision on a submission by interim Attorney General Aiyaz Sayed-Khaiyum.

Sayed-Khaiyum said in 1999, the Ministry of Labour reported there was an overall increase in economic activity and productive work as a result of daylight saving.

He said it would also be good for the tourists as they will have more daylight time for activities and shopping.

But critics say daylight saving will not improve Fiji's deteriorating economy and that a tropical nation like Fiji does not need daylight saving.

Gates had role in expulsions

Fresh details are emerging about the role of Fiji's Chief Justice in the recent explusions of Australia's High Commissioner from Suva and Fiji's representative from Canberra.

A memorandum from the Chief Justice Anthony Gates, who is also an Australian citizen, all but urges Fiji's military ruler to take action over the travel bans that he says stopped Sri Lankan judges taking up positions on the Fiji judiciary.

Presenter: Shane McLeod Radio Australia
Speakers: Peter Ridgway, former deputy Director, Department of the Public Prosecutions in Fiji and Anthony Gates, Chief Justice, Fiji

SHANE MCLEOD: Relations between Australia and New Zealand and Fiji's regime are at a new low after the Government of military ruler Frank Bainimarama last week booted out the diplomatic representatives of Canberra and Wellington.

That was precipitated by a dispute over the extent of travel bans Australia and New Zealand have imposed on the Fiji Government and officials. Those measures had prompted a rare media conference from the nation's Australian chief justice, Anthony Gates.

ANTHONY GATES: As head of the judiciary in Fiji, I must stand up against such interference. Fiji must have a judiciary and it is not for Australia and New Zealand to tell us we cannot have one or to tell us who we are to appoint.

SHANE MCLEOD: Chief Justice Gates was upset at moves by Australia to make it clear to seven Sri Lankan judges they wouldn't be allowed to travel through Australia once they'd taken up their posts in the Fijian judiciary.

ANTHONY GATES: Each one of the judicial officers was telephoned by a visa officer from the Australian High Commission counselling them against taking up the appointments in Fiji. They were each warned that if they took up the appointments, they would not be allowed to travel to Australia during their time in Fiji and that they would not be allowed into Australia for medical treatment for themselves or their families either.

SHANE MCLEOD: In response, Australia accused the chief justice of misrepresenting its approach to the visas for the Sri Lankan judges. By Wednesday, Frank Bainimarama had moved to expel the high commissioners.

Now there's more detail of the role that the chief justice played in that response from the Fijian Government. The Australian newspaper has published a memorandum sent by Justice Gates to Frank Bainimarama two days after his original media conference.

In it, he describes the Australian response to the question of visas for the judges as 'damage control'. He
refers to an audio recording of a phone call from the high commission to one of the judges, in which the chief justice says, the officer says the judge's visa has been denied.

A copy of that recording has been made available to Fiji's media but it does not appear to include confirmation a visa was not issued.

EXTRACT FROM TELEPHONE RECORDING: Individuals appointed to the Fiji judiciary, regardless of citizenship, became subject to these travel sanctions and that will obviously include yourself and individuals affected by travel sanctions are not allowed to travel to or through Australia although the travel sanctions policy is applied flexibly.

SHANE MCLEOD: The memo from Chief Justice Gates concludes with him pressing for action from Commodore Bainimarama.

EXTRACT FROM MEMO FROM ANTHONY GATES: I have already said the judiciary cannot expect help from any quarter, that is the nature of our independent role. However, from a political point of view, can the executive allow such interference to continue?

SHANE MCLEOD: And the next day, the Fijian Government moved to expel the Australian and New Zealand high commissioners.

Australia's Foreign Affairs Department has no comment to make on the memorandum, but it has highlighted its response to the original claims by the chief justice, in which it described him as having misrepresented Australia's handling of the visas. The World Today contacted the chief justice's office in Suva seeking a response, but was told he would not be available.

The central role that he's playing in the dispute has come as a surprise to those who've known the approach he's taken to his legal career over a number of years. Peter Ridgway served as deputy director in Fiji's Department of Public Prosecutions. He playing a key role in dealing with the perpetrators of the 2000 coup led by George Speight.

PETER RIDGWAY: His role in recent events particularly in the post-Bainimarama coup and things that have followed, it is very difficult to reconcile with the highly principled staunch defender of the judiciary and the constitution that I worked with in 2001-2005 period. So I find it very hard to recognise the same individual - Radio Australia

EU regrets explulsion of envoys

The European Union expressed regret on Tuesday at a decision by Fiji's military leader to expel top envoys from Australia and New Zealand, and urged the Pacific Island nation not to isolate itself.

"This development signals a further deterioration of the relations of Fiji with the international community, undermining progress towards re-engagement and dialogue,"current EU president Fredrik Reinfeldt said in a statement.

"By isolating itself, Fiji puts at risk the concerted efforts to bring about the return of rule of law and democracy," he said.

"The EU appeals to Fiji and all its partners to work together to engage in meaningful dialogue and thus prevent further negative developments."

The 27-nation bloc also reiterated concern about continued military rule in Fiji - the military ousted the elected government in a coup in December 2006 - and urged the interim administration to move quickly to restore democracy.

On November 3, self-appointed Prime Minister Frank Bainimarama announced that the heads of the Australian and New Zealand missions in Fiji would be expelled, triggering tit-for-tat expulsions from Wellington and Canberra.

Fiji was suspended from the 16-nation Pacific Islands Forum in May and from the Commonwealth in September over broken promises to hold elections by March this year.

Australia and New Zealand have been at the forefront of international condemnation of Bainimarama's regime and their travel sanctions on people associated with the regime prompted the expulsion of their envoys from Suva - AFP