Our Submission to the Constitution Commission

Submission to the 2012/13 Constitution Commission

By James Bhagwan and Maelin Pickering Bhagwan

October, 13^th, 2012

Introductory Remarks

 Good morning.

My name is Maelin Pickering Bhagwan, I am here this morning on behalf of my husband, Rev. James Bhagwan – who is studying overseas and not able to be here in person, and my two children Francisco-Xavier and Antonia.

I would like to thank the Commission for giving me and my family the opportunity to present our submission. We make this submission as our responsibility as independent citizens of Fiji.

To give you a little understanding of the context in which this submission was prepared I would like to give you a little background of our family. I am of mixed Chinese, i-Kiribati, Samoan, i-Taukei and European heritage. My husband is of Indo-Fijian, and mixed Filipino /European Heritage. Our children, often called “fruit-salad,” contain the blood of almost all native Pacific Islander and migrant communities.

My husband is a Methodist and an ordained minister of the Methodist Church in Fiji. I am a Roman Catholic and teach in a Catholic Girls High School. Our children are members of the Anglican Diocese of Polynesia. We have extended family members who belong to many different Christian denominations and religious groups. Our family and friends come from all walks of life, age groups, genders, sexual orientation, abilities and ideologies.

My husband and I were both born within the first decade of Fiji’s Independence. Unlike our children, we remember when Fiji was still known as the way the world should be. We make our submission in the hope that Fiji will once again be the way the world should be.

We have followed the work of the commission and the submissions that have been made. We agree with many of the submissions that have been made in an attempt to take this nation forward, away from race-based politics, institutionalised structures of oppression and stereotype.

Our vision is of a Fiji where life, love, community, justice and peace are sacred values and a lived reality. Where every voice, no matter how small is heard, and everyone is connected in a relationship that is rooted in a sense of belonging to this place.

While we support the 11 pillars of the Peoples Charter for Change, Peace & Progress, we believe that this constitution while upholding universal principles and international conventions and norms, must reflect the uniqueness of our country. Some of our submissions are made in this context.

I now offer our small contribution to the Constitutional process.

Proposals

With the understanding that the Constitution is a “Living Document” which will grow and change according to the needs of the people of Fiji, we, on behalf of our family and for the sake of our children, their children and the generations to come, off a proposal in the following areas for inclusion in our new constitution:

1.    Common Identity

2.    Common Language

3.    Citizenship

4.    Religious Tolerance and Human Rights

5.    Participation in Decision-making

6.    Religion and the State

1.     Common Identity

a.    All citizens of Fiji to be known as Fijians.

b.    Historical Identity of indigenous Fijians and Rotuma and resettled Ocean Islanders to be maintained through the use of Kai Viti, Kai Rotuma, Kai Rabi.

c.    Indigenous Fijians and their children to be registered in the Vola Ni Kawa Bula.

d.    Provincial Identity / relationship to the Vanua to be recognised for all citizens dependent on place of birth of both parents (Kai / Vasu) or, for naturalised citizens, place of residence/settlement.

As I have shared earlier, our family is of mixed heritage. In the last general elections my husband and I registered and voted in the General Electors Communal Constituency. My husband is sometimes classified as Others or Indian depending on which side of the family at which one looks. He has faced racism for being Kai Idia, and for not being full Hindustani. While I have been classified as Kai Loma, or Vasu, I have also been called Kai Jaina. Our children are being raised to recognise and celebrate every part of their ethnic heritage. Yet at the same time they cannot claim any one ethnic group or culture over the other. They and the future generations will need an identity that is suitable for all who make Fiji their home.

The common name of Fijian is important because that is nationality when we are identified outside of our country. We are people of Fiji, either by birth or choice. We deserve to be called Fijian regardless of when our ancestors arrived in these islands or from whence they came.

At the same time we believe that apart from our identity outside of this country or as citizens of the Republic of Fiji, we must recognise and celebrate our identity within this country. We recognise the first settlers of these islands, our indigenous brothers and sisters. Their arrival is shrouded in the mists of time and so we recognise them as Kai Viti, Kai Rotuma.

We recognise the right of the Kai Viti to the land, sea and traditions that they have been given stewardship over. We recognise that there must be mechanisms in place to ensure that Fiji will always remain the Vanua of the Kai Viti. The Vola Ni Kawa Bula is one such mechanism. It is our responsibility as Fijians to ensure that the Kai Viti are recognised as integral to the way of life in Fiji.

At the same time we believe that we who are born and raised here, or who have adopted Fiji as their home, must have a place within the Vanua. There is a need for a mechanism in which all Fijians regardless of their heritage may be able to part of the Vanua, as members of the community, with equal responsibility and recognition.

2.     Common Language

a.    Vosa Vaka Viti to be the National Language of Fiji.

b.    English, Fiji-Hindi, Rotuman and Vosa Vaka Viti to be classified as Official Languages of Fiji.

c.    Vosa Vaka Viti to be compulsory subject at all registered educational institutions. (Up to Certificate of Proficiency level.)

We believe that Vosa Vaka Viti is something that is unique and that we as a nation should not only strive to protect but share make use of. English of course is still the dominant language (the second most spoken language in the world after Chinese) and the language of education and international communication. Hindi-Urdu is the third most spoken language in the world, with some 333 million speakers, while the indigenous language of Fiji has not even one percent of that.  At the same time Fiji-Hindi, which is now being recognised as a separate language from Hindustani is also a language unique to Fiji and as such should also be recognised as such. The indigenous Rotuman language is also a language that needs protection.

In this process of nation building we are asking the indigenous people of these islands to share their name, their home and their resources with people who are descendents of settlers (some voluntary, some compelled) who also consider Fiji their home. 

While each cultural group has the right and should be encouraged to preserve their own traditions, the first step to living as one people is to speak one language. Language should not be limited to the foreign language of English (regarded by some as a language of imperialism and foreign domination) but should be the language that marks us all as people of Fiji. 

We believe that the time has come for every Fijian to speak the native language of Fiji.  This means there must be a concerted effort for conversational Fijian or Vosa Vaka Viti to be taught to all students at school, regardless of ethnicity. It also means that remedial language instruction is necessary for those who were not taught the language at primary school level. Community groups and civil society organisations have an important part to play in this process.

This is where a certificate of proficiency can be used as a standard to develop a wide-reaching curriculum. However it does not have to be just the work of the education ministry or civil society – including religious groups. This is something that individuals can do on a one-to-one basis or among a group of friends.

Maybe then we will be able to really understand one another. Maybe then we will come a step closer to being one people. Maybe then we will be truly worthy of the name Fijian.

3.     Religious Tolerance and Human Rights

a.    Office of Ombudsman to be retained and strengthened.

b.    Human Rights as per the Bill of Rights in the 1997 Constitution to be affirmed.

c.    Human Rights Commission to be retained.

d.    Establishment of Fiji Interreligious Council

                                          i.    All faith based organisations and registered religious organisations/groups to be members.

                                        ii.    Chair of Council to be appointed in rotation among religious bodies (not denomination) that hold membership. Duration of the chairpersonship is annual.

                                       iii.    General Secretary to be appointed through application with endorsement by members of the Council.

e.    Commission for Reconciliation and Peace-building to be established to work in conjunction with Human Rights Commission and Fiji Interreligious Council on issues of Restorative Justice.

f.     Fiji Independent Commission Against Corruption to be a constitutional Commission

We believe that the Office of the Ombudsman was either limited or ineffective in the past. 

However, we believe in its necessity and call for it to be retained as per the 1997 Constitution.

The Bill of Rights as per the 1997 Constitution is a fundamental piece of the foundation of the Fiji we are trying to build. We call for its full retention.

The Fiji Human Rights Commission needs to continue to be independent of Government and should retain its status as under the 1997 Constitution.

The Universal Declaration of Human Rights – Article 18: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”

This freedom was guaranteed in the 1997 Constitution’s Bill of Rights (Chapter 4 Section 35(Religion and Belief).

The time is right for us as a people to think deeply about the importance of religious tolerance in our country and how we can ensure that this issue that has been and maintains the potential for massive divisions in Fiji can be properly addressed in the process to develop a new constitution.

There have been many examples at the grass-roots level as well on a national level of positive influence by religious groups and institutions – social justice programmes, awareness campaigns, civic education – the promotion of high morals and compassionate behaviour and the like.

The seeds of religious tolerance have been planted through the recognition of significant holy days such as Christmas, Prophet Mohammed’s Birthday, Lent, Holi, Easter (both Good Friday and Easter “Resurrection” Sunday), Ramadan, Eid, Diwali, etc by convention as well as by legislation.

Is it not possible that religious tolerance is not only covered by the Bill of Rights, but also be enshrined in our new constitution; through a mechanism through which dialogue within and between religions take place? A permanent mechanism such as a Fiji Interreligious Council could not just provide a safe space for dialogue but also provide the platform for cooperation on social, health and other issues as well as assist in the mobilisation of communities in times of natural disaster.

The Fiji Independent Commission Against Corruption should be placed under the Office of the Ombudsman to enable it to be independent of Government.

Given the emotional, physical, mental and spiritual pain suffered by so many in our country over the last 25 years, we also believe that there must be mechanism to help our people, individually, as communities and a society to overcome many obvious and unperceived acts injustice, intolerance and prejudice we all have endured.

While Truth and Reconciliation Commissions around the world have had mixed results, we must not ignore need nor the opportunity to engage in restorative justice and peace-building. 

This needs to be a national priority, not reliant on political policies, but as part of enshrining the Fiji Way. We believe, therefore, that provision should be made either under the Office of the Ombudsman or separately for an independent Commission for Reconciliation and Peace-building.

4.     Participation in Decision-making

a.    National Level

                                          i.    Parliament

1.    Only one House of Representatives made up of 1 representative for every 15,000 citizens. With the 2007 Census putting our population at 837,271, that would be approximately 55 or 56 seats.

2.    Constituencies to be determined and updated by the Constituency Boundaries commission.

3.    Representatives to be elected on a common roll.

4.    Representatives to be elected on the 50% +1 of votes principle.

5.    Prime Minister to be elected by House of Representatives. May only serve two consecutive terms.

6.    President to be elected by House of Representatives following public nominations and screening by selection panel. President to hold executive authority and remain Commander in Chief. She or he will also act as Speaker of the House of Representatives.

                                        ii.    Political Parties

1.    Each political party must not have more than 40% of any particular ethnic group as candidates.

2.    Each political party must not have less than 25% female candidates.

3.    Each political party must not have less than 10% youth candidates (ages 18 – 35).

                                       iii.    Eligibility of Candidates:

1.    Each candidate must be a registered voter.

2.    Each candidate must be nominated by more than of 10% of constituents, who are registered voters, through the collection of signatures, not merely the payment of a nomination fee.

3.    Each candidate must not have been convicted in a court of law in the last 10 years.

4.    Each candidate must not be an undischarged bankrupt.

5.    Each candidate must have been a citizen of Fiji for more than 10 years.

6.    Each candidate must have resided in Fiji for at least 5years prior to election year. Exemptions for those who have lived abroad for the purpose of study, national or military service.

7.    Each candidate must resign from Public Office upon nomination. Public office excludes the position of President, Prime Minister, Cabinet Member or any other position held by virtue of being an elected member of Parliament.

a.    Community Level

                                          i.    The Bose Levu Vakaturaga / Great Council of Chiefs is to be established as a Constitutional Office, not a part of a government administration.

                                        ii.    The Bose Levu Vakaturaga membership is to be limited to traditional chiefly leaders.

                                       iii.    Chiefly responsibility for all residents within the traditional boundaries for the maintenance of the Kai Viti culture, traditions and values and the social cohesion of all Fijians.

                                       iv.    The advice of the Bose Levu Vakaturaga is to be sought by the House of Representatives on any legislation that deals with Native Land, Qoliqoli and issues relating to the needs of Kai Viti as well as the Vanua.

We recognise that while the Great Council of Chiefs is an historic body, its origins lie in the British Colonial administration of the Kai Viti. Nevertheless we recognise the traditional leadership that the chiefly system of Fiji offers the Vanua.

The Great Council of Chiefs is an important institution of our nation that must be included in the governance structure of Fiji. However, we believe that it must be separate from Government and only deal with specific issues on a national level, as we have articulated above.

At the same time, and further to our submission on Provincial Identity, we humbly ask not only your consideration, but through your good offices, that the traditional leaders of the Vanua reconsider their understanding of both who they consider themselves leaders of and who constitutes the Vanua.

My husband and I are both from Rewa. My husband’s forefathers settled in Vuci and I have maternal links to Lomanikoro. My husband is also vasu i Macuata. While we teach our children about their diverse ethnic and cultural heritage, at the same time we want them to also be Fiji’s children and have their links to Rewa and Macuata recognised. We want them to know and understand who and what their vanua is, who their high chief, and understand what that means for them.

This is not just for the minorities who have some blood ties to the Kai Viti. We believe that this is important for all Fijians regardless of ethnic background as it adds to social cohesion through a sense of belonging and commitment to the wider community.

We believe that the Great Council of Chiefs could provide the mechanism that ensures that all chiefs practice inclusive leadership of all people in their villages, districts and provinces.

This, we believe, will not only help in the development of common identity and common or national culture, but also benefit the Vanua as many more people will be able to contribute to development and stewardship of its resources.

5.     Religion and the State

a.    Fiji to be a Civil Religious State.

The 1997 Constitution, in its section on State and religion holds that, “Although religion and the State are separate, the people of the Fiji Islands acknowledge that worship and reverence of God are the source of good government and leadership.” We submit that this should be retained in the new constitution.

I have shared with you the religious diversity of our immediate and extended family.

We believe that while a secular state may guarantee freedom of religious belief, there is also a possibility that, in the future, it may limit the manner in which the people of this country may wish to express and observe their faith. With most of the schools in the country funded by the state, there is no guarantee that schools which teach important values and traditions through their religious education curriculum and ethos will be able to continue to do so.

The same can be said for religious social welfare organisations that work with the state or participate in state-programmes.

We believe that the majority of the people of Fiji not only have a respect for the divine, but also for the sacred and that there are many non-traditional belief systems which are a source of positivity and goodness among our people.

We advocate for the state recognition of Civil Religion. In the tradition of Emile Durkheim and Robert Bellah, Civil religion is comprised of a sacred system of beliefs, myths, symbols, and ceremonies that give meaning to the concepts of "nation" and "state." Civil religion presents an understanding of a society's role in history and each person's role as a citizen. In other words, a civil religion is an expression of the cohesion of the nation. It transcends denominational, ethnic and provincial boundaries.

According to Robert D. Linder, Civil Religion must be independent of the church as such or it will merely be an ecclesiastical endorsement of the state, and it must be genuinely a religion, or it will simply be secular nationalism. There must be ultimate meaning and genuine feeling involved in order for it to function as a religion. Further, it requires a civil theology that is a religious way of thinking about politics—which supplies the society with a continuing sense of identity, interprets the historical experience of the people, and affords a source of dynamism, uniqueness and identity.

It is our view that Fiji as a nation already practices Civil or Civic Religion in some ways. Perhaps this has not been articulated before and is not common although it is practiced some form in America, Australia and Israel. This is a possible way for acknowledging those symbols, beliefs, rituals and meanings that are considered sacred and morally positive by our people, regardless of their particularities. We feel it is a more middle ground approach than the choice between the two poles of Christian State and Secular State.

Conclusion

Members of the Commission, I would like to conclude with words of thanks and appreciation for your commitment to this most difficult task. My late father-in-law Benjamin Bhagwan was a member of the 2000 Constitutional Review Commission. While he was called a traitor, outcast and opportunist by some, he saw it as a calling to serve his people, not only to hear their views but to engage with them help them understand a different perspective and break down walls of prejudice and suspicion.

We know it has not been an easy task and that there is pressure from many sides, so we thank you for your remaining steadfast to your integrity and the responsibility you have undertaken.

I thank you for listening to our submission, and offer it to you in the sincere hope that it may contribute to the positive and strong foundation on which we will rebuild our nation.

As is our tradition, we pray that God’s blessings will be upon you and those who will join in the process of creating this “sacred document”.

Vinaka vakalevu, Shurkyia, Thank you very much.

Mrs. Maelin Pickering Bhagwan – maelin.b@gmail.com

Rev. James Bhagwan – padrejames@gmail.com

Family calls for Common Identity and Language, Human Rights and Religious tolerance in Constitution Submission

SUVA, FIJI ISLANDS

Sunday 14^th October, 2012

Maelin Pickering Bhagwan with children Francisco-Xavier
and Antonia Bhagwan  outside the GCC Complex in Suva
on Satuday 13/10/12 after making her submission to the
Constitution Commission

A mother of two made a submission to the Constitutional Commission on Saturday and called for a constitution that while upholding universal principles and international conventions and norms, must reflect the uniqueness of Fiji.

Maelin Bhagwan, a high school teacher presented a submission in Suva on Saturday (13/10/12) on behalf of her husband Rev. James Bhagwan, who is currently a post-graduate student in Korea.

In a 12-page submission, Mrs. Bhagwan presented proposals concerning the issues of Common Identity; Common Language; Citizenship; Religious Tolerance and Human Rights; Participation in Decision-making; and Religion and the State.

The submission included proposals for:

A common identity - All citizens of Fiji to be known as Fijians with the historical Identity of indigenous Fijians and Rotuma and resettled Ocean Islanders to be maintained through the use of Kai Viti, Kai Rotuma, Kai Rabi.

Common language - Vosa Vaka Viti be the National Language of Fiji, while English, Fiji-Hindi, Rotuman and Vosa Vaka Viti be classified as Official Languages of Fiji. Vosa Vaka Viti to be compulsory subject at all registered educational institutions. (Up to Certificate of Proficiency level.)

In making her family’s submission, Mrs Bhagwan called for a mechanism in which all Fijians regardless of their heritage may be able to part of the Vanua, as members of the community, with equal responsibility and recognition.

“We believe that we who are born and raised here, or who have adopted Fiji as their home, must have a place within the Vanua,” she said.

“At the same time, and further to our submission on Provincial Identity, we humbly ask not only your consideration, but through your good offices, that the traditional leaders of the Vanua reconsider their understanding of both who they consider themselves leaders of and who constitutes the Vanua.?

“My husband and I are both from Rewa. My husband’s forefathers settled in Vuci and I have maternal links to Lomanikoro. My husband is also vasu i Macuata. While we teach our children about their diverse ethnic and cultural heritage, at the same time we want them to also be Fiji’s children and have their links to Rewa and Macuata recognised. We want them to know and understand who and what their vanua is, who their high chief, and understand what that means for them.”

“This is not just for the minorities who have some blood ties to the Kai Viti. We believe that this is important for all Fijians regardless of ethnic background as it adds to social cohesion through a sense of belonging and commitment to the wider community. “

“All chiefs should be encouraged to practice inclusive leadership of all people in their villages, districts and provinces. This, we believe, will not only help in the development of common identity and common or national culture, but also benefit the Vanua as many more people will be able to contribute to development and stewardship of its resources.”

The submission also addressed the issues of Human Rights and Religious Tolerance, calling for the Strengthening of the Obudsman’s Office, affirmation of the Bill of Rights in the 1997 Constitution and the maintaining of a Human Rights Commission along with the establishment of two new commissions: A Fiji Interreligious Council comprising all faith based organisations and registered religious groups; and a Commission for Reconciliation and Peacebuilding to focus on restorative justice issues.

On the issue of Religion and State, Rev. and Mrs. Bhagwan proposed that the commission look at the option of Civil Religion. “Civil religion is comprised of a sacred system of beliefs, myths, symbols, and ceremonies that give meaning to the concepts of "nation" and "state." Civil religion presents an understanding of a society's role in history and each person's role as a citizen. In other words, a civil religion is an expression of the cohesion of the nation. It transcends denominational, ethnic and provincial boundaries.”

Read the full submission here...

True Independence is Interdependence

Published in the Fiji Times "Off the Wall with Padre James Bhagwan," on Fiji Day, Wednesday October 10th, 2012

Happy Fiji Day!

While some of us are putting up a flag and putting down a lovo, others are squeezing out a mix while wishing they had the money to buy the ingredients for a lovo. My family, under the direction of our great matriarch, Rachel, will spend the morning celebrating Fiji Day with the senior citizens in Samabula. Some will have a day off from work and enjoy a sleep-in in the morning, while others will work in the essential services or out of necessity. Some of us (meaning me) will have to go to class. Regardless of where we are and what we are doing today we commemorate 42 years of independent Fiji.

Well maybe.

By “maybe” I do not mean that we do not commemorate the occasion at Albert Park on 10^th October, 1970, when Prince Charles handed the (now missing) instruments of independence to the late Ratu Sir Kamisese Mara and when the Union Jack was lowered, the Fiji Flag was raised and the national anthem sung for the first time.

 I do not mean that we do not take time to remember the day when leaders of the different faith communities gathered together in mutual respect and tolerance to seek, in their diverse ways, that God would truly grant God’s blessings on the “isles of Fiji.” I do not mean that we do not relive, through a march from the Suva Flea Market to Albert Park, the excitement of citizens – some adults, many children in their colourful school uniforms – watching history unfold.

What I mean by “maybe” is that while we celebrate 42 years of Independence from Great Britain, we are still struggling to loosen shackles. Shackles of colonialism embedded in our culture, our traditions, our politics, our economics, our society, our history, and our identity. The shackles may be transparent or may look like pretty bracelets or bangles passed down through generations. But they are shackles none the less.

On Sunday, members of the Fiji Community in Korea living in Seoul who were available attended a church service together to mark the beginning of our Fiji Day celebrations. The group included the family of Fiji’s first resident Ambassador to South Korea, staff of the Fiji Embassy and Fijians studying in Korea and a few from China.

The service was held at Chungdong First Methodist Church, the first Protestant church in Korea. Established and started in 1885 by the pioneer American missionary Henry Appenzeller, the church has always been a vital meeting point between East and West and a place where the beauty of diversity is celebrated in God's unity. It also published Korea’s first monthly magazine, “Gyohoe,” in 1889, with the goal of propagating liberal thought in Korea. Rev. Appenzeller also founded the nearby Pai Chai Boys School, while fellow Methodist missionary Mary Scranton established Ewha Girls School.

We offered a hymn as a way of saying thank you to the community of Chungdong and guest preacher, Rev. Dr. Joseph Robert Dongell (Professor of New Testament Studies at Asbury University) for his inspiring sermon on “The Great Gap”. We sang the popular hymn “Au Rai Vei Kemuni” (I need thee every hour).

The gathering at church was significant because it was also World Communion Sunday. For Christians this serves as a reminder that we are part of one body, the body of Christ. For Fijians from different backgrounds, provinces and islands it was reminder that we are one people.

Yesterday (Tuesday) the Fiji Embassy in Seoul commemorated Fiji Day with a Fiji/Korea Investment seminar and a reception in the evening. Today (Wednesday) Fijians based in the coastal city of Busan will be having an informal gathering with Ambassador Kau and Minister for Youth and Sports, Commander Viliame Naupoto.

During the service on Sunday the congregation sang a hymn by Fred Kaan, titled, “For the Healing of the Nations.”

For the healing of the nations, 

Lord, we pray with one accord, 

for a just and equal sharing
of the things that earth affords. 

To a life of love in action 

help us rise and pledge our word.

Lead us forward into freedom, 

from despair your world release, t

hat, redeemed from war and hatred,
all may come and go in peace. 

Show us how through care and goodness 

fear will die and hope increase.

All that kills abundant living,

 let it from the earth be banned:

 pride of status, race or schooling, 

dogmas that obscure your plan.

 In our common quest for justice 

may we hallow brief life's span.

You, Creator God, have written 

your great name on humankind; 

for our growing in your likeness
bring the life of Christ to mind;

 that by our response and service

earth its destiny may find.

I felt it was an appropriate song, not just for World Communion Sunday, but for our prelude to Fiji Day.

Later as we sat together sharing pizza and then some ice-cream, I looked around at our small group that spanned four decades – men and women, some who remember when Fiji was still a British Colony, some who remember early “independent” Fiji and some who have only known a country shaped by political upheaval. Our differences were lost in the laughter and chatter of a people who were happy to have each other in a strange land.

There will come a time when we put our differences aside and freely make the commitment to join hands and walk together into the future. There will come a time when we recognise and celebrate our interdependence as a people, as a nation. That is when Fiji will truly be an independent country.

God bless Fiji.

“Simplicity, Serenity, Spontaneity”

WACC addresses open letter to Government of Fiji

 

Public support grows for Akuila Yabaki’s right to communicate

Fijian human rights activist and Methodist clergyman Akuila Yabaki is facing judicial proceedings in his struggle for greater freedom of opinion and expression in his home country.

Currently the Executive Director of the pro-democracy organization Citizens Constitutional Forum (CCF), Yabaki is a member of the Board of Directors of the World Association for Christian Communication (WACC) and President of WACC’s Pacific Region.

Yabaki is facing legal proceedings having been accused of contempt of court by the Government of Fiji. It followed the publication of an article titled “Fiji: The Rule of Law Lost — An Analysis of the Law Society Charity Report 2012”, which appeared in the April 2012 edition of Tutaka, the quarterly newsletter of the Citizens’ Constitutional Forum. Rev. Yabaki is accused of “scurrilous attacks on the judiciary thereby posing the real risk of undermining the authority of the judiciary in Fiji.”

Yabaki was a strong critic of some policies and decisions of the Qarase government of 2000 to 2006, including the early release from prison of persons convicted on charges related to the Fiji coup of 2000, and opposed controversial legislation seeking to establish a Commission empowered to propose amnesty for such persons.

In July this year, Citizens Constitutional Forum issued a media release criticising restrictions on freedom of expression at a time when constitutional reform was being widely discussed.

“The deliberations of the Constituent Assembly must be open not only to public scrutiny but also to comment and debate and this must be allowed even after the President’s assent and subsequently the Bainimarama Government must take immediate steps to ensure that there is debate in all sectors of the community throughout the entire constitution making process to allow the legislators to hear the views of all Fijians and, hopefully, respond to these opinions by assuaging fears, removing doubts and amending policies,” wrote Yabaki.

The Fiji Government’s decision to charge a prominent NGO and its head with contempt of court has been slammed by the New Zealand Law Society. Its president, Jonathan Temm, told Radio Australia’s Pacific Beat he doesn’t believe any crime has been committed.

“They simply reproduced in their material quotes from a Law Society of England and Wales charity report. So what they were actually doing was saying this is what the Legal Society of England and Wales charity said. And it’s on that basis the contempt charges (are) being advanced,” Temm said.

In this context, and in keeping with its mandate to promote communication rights for all, WACC’s Executive Committee has addressed an open letter to His Excellency Brigadier-General Ratu Epeli Nailatikau, President of Fiji, and to the Government of Fiji.

“Alarmed by the case brought against Rev. Akuila Yabaki, who is known to respect the rule of law and to uphold the human rights and constitutional rights of the people of Fiji, the Executive Committee respectfully requests that the case be dropped lest it damage the public image and reputation of the country,” says the letter.

Speaking on behalf of WACC’s members in more than 140 countries worldwide, the Executive Committee affirms the sentiments contained in the “People’s Charter for Change, Peace and Progress” which calls for Fiji to become a more progressive and truly democratic nation.

Read the full Letter here... http://www.waccglobal.org/images/stories/Pacific-Articles/open-letter-fiji.pdf

____________________

The World Association for Christian Communication (WACC) is an international organization that promotes communication as a basic human right, essential to people’s dignity and community. Rooted in Christian faith, WACC works with all those denied the right to communicate because of status, identity, or gender. It advocates full access to information and communication, and promotes open and diverse media. WACC strengthens networks of communicators to advance peace, understanding and justice..

Between a rock and a hard place: A Civil Religion option for Fiji?

Published in the Fiji Times on Wednesday 3rd October, 2012

This week is a long holiday that extended from Saturday until today (Wednesday). Over the weekend was the harvest celebration of Chuseok, the Korean Thanksgiving holiday. This year, Chuseok Day was on Sunday, September 30, but the holiday is observed for a total of three days (September 29 – October 1). It is by far the biggest and most important holiday in Korea. It is a time when family members from near and far come together in their hometowns in the countryside to share food and stories and to give thanks to their ancestors for the abundant harvest. 

Today, 3rd October is Gaecheonjeol, or Korean National Foundation day. This holiday celebrates the creation of the state of Gojoseon (ancient Korea) founded by Dangun Wanggeom in the year 2333 BC. Traditionally Gaecheon (which means "Opening of Heaven") refers to 3 October B.C. 2457, the date when Hwanung (the “Supreme Divine Regent” and son of Hwanin, the “Lord of Heaven”) descended from heaven to live with mankind. Along with his ministers of clouds, rain, and wind, he instituted laws and moral codes and taught the humans various arts, medicine, and agriculture.

It is interesting that these two holidays occur about a week before we of Fiji celebrate our national day marking our independence from Great Britain on October 10th 1970, while also remembering the signing of the Deed of Cession on October 10^th, 1874. It is ironic that while the Deed of Cession is kept safely and copies of the text are well read, no one really knows the location or contents of the Instruments of Independence that Prince Charles presented to the late Ratu Sir Kamisese Mara in Albert Park on October 10^th, 1970.

Last week as I concluded my fortnightly meeting with my thesis supervisor, I wished him a happy Chuseok and shared my experience last year of spending Chuseok with the family of my Senior Pastor here in Korea. My supervisor asked me if we have any special thanksgiving holidays in which the extended family comes together. I told him about our long weekends during Easter and of Christmas and Boxing Day holidays, as well as Prophet Mohammed’s Birthday and Eid celebrations as well as Diwali and how many of us in Fiji visit each the homes of friends and families during these holidays regardless of our different ethnicities, cultures and religions.

He was quite moved by this and said that despite our problems, Fiji truly had something special.

I noted a comment made a month ago, by a member of the Constitution Commission, Professor Satya Nandan, that the new constitution of Fiji will need to be regarded as a sacred document - created for the people by the people of Fiji so that no one can destroy it.

As I reflected on my supervisor’s comment and Professor Nandan’s statement as well as a recent face-book discussion on the issue of Christian State versus Secular State for, in which I participated – I could not help but wonder if there is a third option for us in Fiji.

How does one invoke or develop a sense of sacredness about a document that may enshrine Fiji as a secular nation, given that the terms sacred and secular are often used to describe two distinct areas of life?

Essayist Peter Saint-Andre writing of the modern dilemma of sacred versus secular writes of a concept of natural religion argues that “the concept of the sacred runs deep in the human mind, and that at least some "religious" concepts are potentially universal. We all share in our nature as human beings, and there is much more that we have in common than is peculiar to each one of us.”

Saint-Andre suggests that not only can the sacred be secular, but also that the secular can indeed be sacred. He writes: “Who could deny the importance of either our material or our spiritual existence? Both are inherently vital spheres, thrown at war with one another by certain traditions within Western thought.” He calls for the development of what he terms called “natural religion,” and a positive bridging of the destructive gap between the material and the spiritual, the secular and the sacred.

So is there a way in which the sacred and the secular can meet in Fiji? I believe so.

Early last century, eminent sociologist, Emile Durkheim, developed a theory on “Civil Religion”. According to Durkheim, “to the degree a collection of people is a society, it will exhibit a common ("civil") religion.” In other words, a civil religion is what "unites into one single moral community”.

Robert Bellah, another eminent sociologist, writing in the 1960s defined civil religion as "the religious dimension that exists in the life of every nation through which it interprets its historic experiences in the light of its transcendental reality." Civil religion is comprised of a sacred system of beliefs, myths, symbols, and ceremonies that give meaning to the concepts of "nation" and "state."

 Bellah actually based his theory on the United States of America, which while being viewed as a secular state, at the same time holds to "an institutionalized collection of sacred beliefs about the American nation," which is symbolically expressed in America's founding documents and presidential inaugural addresses. It includes a belief in the existence of a transcendent being called "God," an idea that the American nation is subject to God's laws, and an assurance that God will guide and protect the United States.

Bellah saw these beliefs in the values of liberty, justice, charity, and personal virtue and concretized in, for example, the words In God We Trust on both national emblems and on the currency used in daily economic transactions.

Those who support a Christian state may be interested to know that even Israel has a civil religion that connects Judaism and “secular” concepts of nationhood.

Consider the observation about the way that many of us celebrate sacred (holy) days (holidays) irrespective of our religious backgrounds. The many non-Christians who exchange gifts at Christmas, the non-Muslims who visit their Muslim friends and relatives on Eid, the non-Hindus who enjoy the dress, lights, sweets and fireworks of Diwali. Whether we observe that religion or not, we all celebrate it in some meaningful way – even if it means something different to us.

Consider our national unity in excitement, celebration during the Rugby Sevens World Cup in 1997 and 2005, and our nationwide jubilation and celebration recently when Iliesa Delana won Fiji and Oceania’s first gold medal at the Par-Olympics.

Consider also the pledge of allegiance and flag raising ceremonies common to most schools in Fiji. 

Whether imposed from above or emerging from society, civil religion presents an understanding of a society's role in history and each person's role as a citizen.

Perhaps this is a middle ground in which the sacred and the secular can meet.

Perhaps.

“Simplicity, Serenity, Spontaneity”

ENDS