Prisons system faces review

ROBERT MATAU
www.fijitimes.com - Tuesday, October 23, 2007

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Prisoners at a church service. Soon criminals will face a new way of sentencing

Fiji's prisons are overcrowded, a recent study featured last week in this column said.

The study warned if the overcrowding and the lack of staff and resources were not addressed the system could breakdown.

One of the areas looked at in the report, compiled by the Australia-Fiji Community Justice Sector program in March, 2006, was how a problem solving court would be developed and shortly be piloted in selected areas.

It adds a customary and traditional flavour to the sentencing of Fijian people in an alternative disciplinary measure more understanding of their culture.

"The aim of this new style of court is to identify and address the problems that are causing offending behaviour and to treat the cause so that criminal behaviour stops," the report said.

"Called Problem Solving Courts, they are for sentencing only. That is, they are not trial courts.

"Aimed primarily at reducing the number of young indigenous Fijians and other young people from entering the prison system unnecessarily, the court adopts approaches that are part of Fijian culture (veisorosorovi) but operate within the mainstream legal system.

"Advisers from the communities will sit with the magistrate and advise on particular issues for the offender and suggest remedies.

"Wherever possible, the advisers will be from the same community as the offender and will bring their connection to those communities and make the sentences imposed by the magistrate more meaningful to the offender.

"The courts will combine punishment with help and can be the gateway to treatment and rehabilitation.

"The courts will operate in urban and rural areas and victims will be able to put their issues before the court and be heard. Except when operating as a Juvenile Court, the court will be open and transparent to the community at large."

The report said that in appropriate situation (e.g. village settings) the court can be much less formal than most magistrates courts.

In that case the report said a formal court setting would not be required; the village hall could be used. "Unlike the normal court setting everyone will be allowed to speak. It may be that the chiefs or leaders from other communities will sit with the magistrate and this will assist in re-engaging approaches to traditional dispute resolution with mainstream justice," the report says.

"It is an approach that aims to encourage respect, commitment and obligation and aims to reinforce the Fijian tradition of caring for others in the community.

"The focus will be on diversion, treatment and rehabilitation and keeping people out of prison if this is possible and appropriate.

"Serious offences will not be dealt with by the Problem Solving Court. Problem Solving Courts have the full support and endorsement of the Great Council of Chiefs.

"It is generally accepted that offenders placed on properly administered community-based programs (particularly probation and community work) have a much higher rate of success than similar offenders serving short prison sentences and this presents as the most effective way of reducing the prison numbers and affords the greatest possibility of rehabilitation.

"Although some short- term prison sentences are inevitable, the community will be better served if the majority were placed on non-custodial sentences. (Some jurisdictions have passed legislation restricting the use of short sentences in order to force courts to use community based alternatives)."

The report said if all prisoners serving less than three months in 2005 were given community sentences instead of jail time, prison intake would have been reduced by almost 30 per cent.

"If this were extended to sentences of less than nine months the intake would have dropped by 50 per cent without any appreciable impact on community safety," it states.

"Through the Law and Justice Strategic Leadership Group the Ministry for Justice and the Ministry for Women, Social Welfare and Poverty Alleviation (that has statutory responsibility for Probation and Community Work) have joined with the ministries of youth, employment opportunities and sport, Fijian affairs and provincial development, and other stakeholders, to develop a model system that will allow community based corrections to expand to all areas of Fiji.

"The new model is being piloted in selected locations before its introduction to the remainder of the country.

"Although the model will cater for all ages and races it specifically targets indigenous Fijian offenders aged 25 years and less."

The report says increasing community based court dispositions will eventually lower the number of people entering the prison system and will allow the prison service to devote its resources to address the rehabilitation needs of longer term prisoners.

It noted a 35 per cent increase in the number of prisoners aged 25 years or less and this group now makes up almost 50 per cent of the prison population.

"The increase in the number of young prisoners entering the system is cause for some concern, particularly as 32 per cent were imprisoned for the first time," the report says. "Providing programs for young people in prison presents its own challenges.

"It is known that young people are less mature and more easily influenced by their older counterparts. Prisons, particularly overcrowded ones with poor living conditions, tend to be criminogenic, that is, they are more likely to support and reinforce criminal values and lifestyles than promote personal development and rehabilitation.

"Offenders aged 25 and under are responsible for 57 percent of all violent offences, including rape and indecent assault.

"They are responsible for 67 per cent of all non-violent offences, and offences against property. "Without proper programs the prospect of rehabilitation for many in this group is not good."

It noted the rise in the number of young people sentenced for sexual and other violent offences against the person was a cause for concern, particularly as there were no specialist remedial or intervention programs available in Fiji prisons for this type of offending.

"These groups potentially pose the greatest concern to the community if their offending behaviour is perceived not to have been addressed while they are in prison," the report states.

"However, the majority of prisoners convicted of violent offences do not fall into the æextremely serious' category and programs that deal with impulse control, anger management and cognitive skill development, along with other rehabilitation and personal development programs that address the causes of offending, are possible to be delivered and would maximises the chances of offenders' successful integration into the community.

"In 2005 an extraordinary 67 per cent of all prisoners entered the prison system for the first time (compared to 52 per cent in 2002). Figures for both years are extremely high and suggest major issues in sentencing practices and highlight the need for more suitable non-custodial sentencing options."

For now these recommendations and conclusions hold a way out for our prisons system — ultimately at the tail end of the criminal justice system.

Whether there is a will to carry out the changes and recommendations will be a matter for the policy makers to decide.

The pleasure of feeding the multitudes

Workers at the Walu Bay industrial division knows there is only one place they can turn to when it comes to lunch time.
It has become their favourite eating place simply because for a few dollars they can eat as much as can.
For Miriama Tuinadamu, providing food for these industrial workers has been one of the satisfying experiences she has ever had.
“Even though it may be satisfying, it also has its good and bad days. It’s not an easy work but once you learn to get by everyday, you will get use to it,” said Mrs Tuinadamu.
She sells varieties of dishes ranging from meaty bones, pork curry and boil fish in lolo (coconut cream).
Just hearing the variety of dishes she sells and how they are presented with will make one’s stomach (especially those with no money) rumble in emptiness.
The Mualevu woman from Vanuabalavu in Lau wakes up at 3am to start preparing the food that she would sell on the day.
“I have a gas and kerosene stove, which I just turned on every morning at three because I have varieties of dishes to cook.”
But she is fortunate that her husband always helps her before he goes to work at seven in the morning.
“I’m lucky that I have a good husband who can also cook. He can also make roti and bake much better buns than me.”
At 5.30am when most people are still tucked in bed she is already pouring out tea for dock workers who usually miss breakfast so that they could make it to work on time.
“Here, there are four eating sessions, there is tea at 5.30am for those who comes early to work, and morning tea at 10.30am and lunch is at noon. The last tea session is at three where many would come in for a quick tea break before going back to work.”
Even when you a 10minutes late during lunch time, you would be lucky if you could find a table to sit down on or if there are still some food left.
“Food really flies here because we cater for customers who really have big appetites due to the hard work they do.
“I usually cook enough to sell for the day and sometimes food that I bring disappears from my table well before noon.”
She said that Fridays are usually busy especially when it comes to the pay week.
The dinning hall has a separate room for cooking and each lady who sells there pays $30 a month to the Public Works Department for rent.
“We are always making new friends here everyday and each day we could earn a minimum of $70 and sometimes we earn more than $100.”
Making that much money and having fun everyday at work is what the women at the PWD dinning hall enjoy most everyday.
For Mrs Tuinadamu she said that the kind of work she does is one of the employment opportunities that youths nowadays are ignoring.
“Especially for Fijian youths they don’t see the joy and the benefits of doing simple things. Look at our Indian friends they would jump to any opportunities such as this if they see the benefits they get out of it,” she said.
She is calling upon young people to take up any employment opportunity that comes up in life.
“Many young people are always afraid but most tend to shy away from this kind of job because of pride. People with those attitudes should know that pride won’t get you anywhere.”
With many opportunities that would come along the way, Mrs Tuinadamu said that she would not prefer anything else than from what she is doing at the moment.
“I love to listen to all sorts of stories brought in by the different people and getting compliments about the food from my customers is indeed a blessing,” added Tuinadamu.

Miliana: Relationships matter

Thursday, October 18, 2007

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Miliana Qica at her home in Nabavatu Village

Having 95-year-old Miliana Qica around has been good for villagers of Nabavatu in Macuata.

She guides villagers through difficult situations especially when it comes to differences among them.

The villagers have used her words of wisdom as a pillar of strength to maintain healthy and long lasting relationships.

"I believe that whatever the situation we face in the village, we must always remember that at the end of the day, it is our relationship that matters especially when we are all related," Mrs. Qica said.

"It won't be a healthy environment to live in a village where there is a lot of hatred and no care for each other. As a family we should love one another and take good care for each other."

Mrs. Qica who has eight children, is originally of Batiri Village in Cakaudrove and married Orisi Sokonivatu who hails from Nabavatu which is an hours drive south-west of Labasa.

Although she does not remember the year she got married and settled at the village, there is one thing she clearly remembers and that is not regretting marrying a man from Nabavatu because as she puts it: "They are the best kind of men in Fiji."

With a smile on her face, Mrs. Qica added: "That's why I am still alive and healthy at the age of 95, because my husband and children have looked after me well, even though my husband has gone first from this world."

Mrs. Qica is known for being independent. She washes her own clothes, bathes herself, cooks family meals and cleans the house.

"I am fit and can still walk around and do things on my own so every time I just do my own things like wash my own clothes and cook food.

"I scrape the coconuts, clean the fish, pick bele leaves from the nearby plantation and peel cassava and I enjoy it because it's healthy and helps keep me fit," Mrs. Qica said.

And when her children and grandchildren take her clothes first to the laundry to have it washed, Mrs. Qica will go to the laundry and collect her clothes.

"They use the washing machine which I don't like because it doesn't wash the clothes properly but just spins around all the time so I wash my own clothes.

"After I wash my clothes then I hang it out in the sun and I enjoy doing it but I will never allow for my clothes to be washed by anyone else or in the machine," Mrs. Qica said.

She has 45 grandchildren and 50 great grandchildren and as part of her leisure time, she makes sure that she spends an hour or two of a day with them.

"Seeing my great grandchildren is indeed a blessing and I have been blessed by God to be alive at the age of 95 and still fit and healthy to do work around the house," Mrs. Qica said.

Weaving mats is another favourite activity she does at home.

"I only weave mats for my children, grandchildren and relatives who have functions to attend or for special occasions.

"I don't weave mats for people who order because it's not easy to weave so many mats especially at this age so that is why I just weave for my family," Mrs. Qica said

Too much talking - Fijian Chiefly Title Disputes

Letter to Fiji Times Editor by: Morgan Tuimalealiifano Suva

IT is clear from NLC chairman Ratu Viliame Tagivetauas response (FT 12/10) that his unit is frustrated and is clearly unable to cope with the vast number of yavusa and mataqali title disputes.

His almost pathetic response on the Buli Raviravi title dispute (FT 13/10) is made all the more interesting given the fact that he himself, of noble rank, hails from Bua, and holds the extremely influential position of chair of the Native Lands and Fisheries Commission, as well is wielding influence in the Bua Provincial Council.

In the eyes of many indigenous Fijians, senior NLTB officers like Ratu Viliame are like God because they hold the key over life and death and because they have access to the machinery deciding yavusa and mataqali titles disputes.

For non-Fijians, these issues should be of interest because such titles control rights to vast resource areas such as land, forest, and sea.

The Buli Raviravi title according to the son of the deceased claimant, Jale Cavu, has been under dispute for 20 years. That is almost half a lifetime.

Ratu Viliames defence against the complaints from the distraught family is to talk it over.

Twenty years of talking has resulted in the death of an elderly man and a few in hospitals.

How many more years of talking are required?

Surely, the State, and particularly NLFC, has a role to play when families in the nature of things are struggling within themselves to find an amicable way forward.

Another family has been talking for 20 years.

The Tui Kaba, clan of Bau, has been talking about a successor to the Vunivalu na Tui Kaba title since 1989 and look at what has been coming out of Tailevu since 2000?

How much longer must those talks be expected to continue before another tragedy strikes innocent family members?

The same question could be stated 3764 times.

Pride is one thing.

But the message from the Nabouwalu incident is point blank clear families are crying for and need help, urgently?

Not for more foreign tax payers money or more human rights or another election.

When 3766 yavusa and mataqali families are hurting and stressed from inside out, what does that mean for beloved Fiji?

Cry, for the beloved country, then wipe those tears, and do something on this vital indigenous issue, (including lawyers, economists and accountants).

Questions remain: Gavidi

VERENAISI RAICOLA - www.fijitimes.com
Monday, October 15, 2007

MEMBERS of the public are still waiting for answers behind the December 5, 2006 takeover, says Viti Landowners and Resources Association president Ratu Osea Gavidi.

He said it was one of the reasons many have questioned the motive behind the interim regime's establishment of the People's Charter.

Ratu Osea said the interim Governments after the 1987 and 2000 coups gave grants for the establishment of the Fijian Holdings as well as the affirmative actions programs because instigators claimed the takeovers were to safeguard Fijian interests.

"In this case no one seems to know the reason for the coup and suddenly the interim regime sets up a People's Charter which is not justified," he said.

Ratu Osea said this was a dangerous trend because indigenous institutions were still trying to correct past wrongs like how indigenous land was converted to freehold and suddenly the Charter ropes in issues related to setting a platform for a level playing field.

"It doesn't make sense and will certainly not work," he said.

Ratu Osea said some issues related to the Deed of Cession in 1874 which included Fiji remaining a Christian state and the qoliqoli belonging to indigenous Fijians were yet to be addressed as well.

He said the state ownership of land like what was done in countries like Russia and China was a dangerous trend to encourage here as such issues were dear to Fijians and sensitive to discuss.

"To have land mentioned in the charter is insensitive because it is owned by the indigenous people yet they were not part of consultations," he said.

Ratu Osea said the interim regime needed to first establish and tell the people the reason behind the coup and their motives before establishing a charter.

He urged Christians to pray for the nation as more trying times were ahead.

Ratu Osea said the interim Government should concentrate on bread-and-butter issues and matters that united the country.

"At this time bringing up sensitive issues would only further divide us setting a dangerous trend and could be a recipe for trouble," he said.

The interim regime launched the charter and a council to oversee its development chaired by the Archbishop Petero Mataca and interim Prime Minister Commodore Voreqe Bainimarama last week.

They have decided there would be six national task teams to look at specific areas to accomplish the overarching goal of good governance, the economy, reform of the public service, financial institutions, land as well as its utilisation.

Indigenous Pacific anomalies

www.fijidailypost.com - 5-Oct-2007

THERE is much in the Report of the Human Rights Council’s ‘Declaration on the Rights of Indigenous Peoples’ tabled as agenda item 68 during the 61st session of the General Assembly of the UN just last month.

For example, Article 2 notes that ‘Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity’. Lovely.

Articles 3 and 4 express the conviction that ‘Indigenous peoples have the right to self-determination’ and ‘in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions’. Marvellous.

Article 5 of the declaration states that ‘Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State’. Article 6 further reinforces the place of indigenous peoples in the modern state when it declares that ‘Every indigenous individual has the right to a nationality’. Beautiful.

Article 7 (2) protects indigenous peoples by granting them ‘the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group’. Reinforcing the point, Article 8 of the draft notes that ‘Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture’ and that ‘States shall provide effective mechanisms for prevention of, and redress for (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them’. Powerful.

Article 9 addresses cultural maintenance in that ‘Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned’ and ‘No discrimination of any kind may arise from the exercise of such a right’, while Article 10 affirms spatial integrity in that ‘Indigenous peoples shall not be forcibly removed from their lands or territories’ and that ‘No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return’. Whew.

Article 11 says further that ‘Indigenous peoples have the right to practise and revitalise their cultural traditions and customs’ and Article 12 specifies in this regard that ‘Indigenous peoples have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites’ and ‘the right to the use and control of their ceremonial objects’. Magnificent.

And these are just some of the provisions expressed in the declaration aimed at protecting the thousands of tribal peoples who form the world’s least powerful minorities. And given all the advocacy of the welfare of Aboriginal Australians and of Maori New Zealanders and of Inuit Canadians that we have heard respectively from the governments of these great Commonwealth nations, it is curious that none of them voted in support of the declaration. Why not?

The Proper Role of the GCC

October 4th, 2007 by solivakasama

The Press Release given by Interim Minister Epeli Ganilau dated 08/08/07 regarding the purpose of the GCC is factually flawed and misleading.

In essence, he interprets the main purpose of the GCC’s existence is to support government because it is an arm of government.

Whilst it is not disputed that it is an arm of government, the GCC will co-operate with government so long as they share common interests. The GCC is a creature of statute (section 3(1) Fijian Affairs Act [Cap 120]), but to claim that it exists to support government is not only highly offensive, but clearly shows Minister Ganilau’s utter failure in understanding the unique role the GCC plays in nation building, which may at times diametrically oppose government policy.

It was never the intention of the legislators when it introduced the Fijian Affairs Bill for the GCC to be a rubber stamp to government. The legislators foresaw the GCC to be a pro-active body working for the benefit of the Fijian people. To illustrate my point, its duties are contained in section 3(2) of the Fijian Affairs Act [Cap120], which reads:

‘It shall be the duty of the Council; in addition to any powers especially conferred upon it to submit to the Governor General (President) such recommendations and proposals as it may deem to be fit for the Fijian people and to consider such questions relating to the good government and well being of the Fijian people as the Governor General (President) or Board from time to time submit to the Council, and to take decisions or make recommendation thereon.’

To further prove my point, section 185(1)(k) of the Constitution, headed Chapter 13 ‘GROUP RIGHTS’ and ‘Alteration of certain Acts’ clearly states that any Bill that seeks to alter the following Acts namely; Fijian Affairs Act; Fijian Development Fund Act; Native Lands Act; Native Lands Trust Act; Rotuma Act, Rotuman Lands Act; Banaban Lands Act & Banaban Settlement Act cannot be passed by simple majority as in relation to other acts. It specifically requires that any Bill to alter the abovementioned Acts shall not be deemed to have passed the Senate unless it is supported by 9 of the 14 members of the Senate appointed under section 64(1)(a). Section 64(1)(a) reads:

‘(1) The Senate consists of 32 members of whom: (a) 14 are appointed by the President on the recommendation of the Bose Levu Vakaturaga (GCC).’

In other words, matters of great importance pertaining to Fijians, Rotumans or Banabans are not entrusted to government, but to the GCC. Its 75% approval is needed in the Senate before any Bill to alter any of the already mentioned Acts can be passed.

I therefore rest my case that the GCC was never meant to exist only to support government. In passing and for Minister Ganilau’s information, the GCC acted correctly and legally when it rejected President Iloilo’s nominee of Interim Minister Nailatikau for Vice President. To try and reconstitute a GCC that will be a pawn of the IG is short-sighted and reckless bordering on genocide and should be vehemently opposed by all 14 Provincial Councils because it has the potential of exposing the Fijian, Rotuman and Banaban peoples to external forces well beyond their control spelling their doom.

Tui Savu,Townsville.AUSTRALIA.

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The problem with a reconstituted GCC

October 4th, 2007 by solivakasama

The Press Release given by Interim Minister Epeli Ganilau dated 08/08/07 regarding the purpose of the GCC is legally flawed and erroneous.

It is curious that his Press release posted in the Fiji Government Online page on Wednesday has already been removed.

He erred when he summarised the purpose of the GCC in his Press Release as:

‘Therefore, what this means in very simple terms is that: (1) the GCC is an arm of government, (2) it exists to support government & (3) government is empowered under the law (Cap 120 Fijian Affairs Act) to regulate its operations to ensure that (1) & (2) maintained at all times.’

Whilst (1) is not disputed that the GCC is an arm of government, to claim it solely exists to support government (2) and that government is empowered to ensure that GCC does support the government is erroneous and misleading.

Furthermore, Minister Ganilau’s desire to add via regulation the taking of oaths and disciplinary measures is wholly dependent on his legal capacity. For instance, the reason why the GCC rejected President Iloilo’s nominee of Interim Foreign Minister Nailatikau for VP is because the GCC realised that if it approved President Iloilo’s nominee it would amount to the GCC condoning the illegal takeover and its illegal Regime.

Minister Ganilau’s further intention to insert disciplinary measures to ensure there is no repeat of the above is tantamount to altering the Fijian Affairs Act, which cannot be done via regulation. This means that even if Minister Ganilau has legal capacity to make regulation, he still needs Parliament and the approval of 9 of the 14 Senate Members of the GCC as defined in section 185(k) of the Constitution to amend the Act.

The reason Parliament only can pass the amendment pursuant to section 185(k) of the Constitution is because it was never the intention of the legislators to entrust all things Fijian to the government of the day. It was foreseeable that since Fiji was moving towards a democratic system of government, the possibility exists that one day a non-Fijian led government will govern. This happened in 1999 with the Chaudary government and there is no legal impedient to prevent further non-Fijian led governments in the future. It would be also natural for non-Fijian led governments to pursue policies in line with its manifesto, but opposed by the Fijians and the GCC. For instance, a non-led Fijian government wanting to abolish the NLTB, GCC, etc and free up native lands in Fiji would face objection from the GCC; hence the Fijians interest is protected by section 185(k) of the Constitution. This protection also applies to future Fijian led governments who may want to abolish the NLTB, GCC, etc and free up native lands for sale as well, so the GCC is indeed the depository of Fijian interests and not the government of the day.

To accept what Minister Ganilau is proposing needs to be carefully scrutinised by all 14 Provincial Councils because if it is to take away the independent decision making of the GCC and be a rubber stamp of the government of the day, then it should be rejected outright because it would be tantamount to selling our birthright and genocide of the Fijian race. I counsel the GCC to work together, carefully scrutinize the proposed changes carefully & test the legal capacity of Minister Ganilau first before considering its intended course of action.

MEJU HILA VATA!!!!

Tui Savu.