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7 August, 2005ICEM News release No. 88/2000
Fiji's high court has upheld the 1997 constitution. It therefore recognises the elected president and parliament who were in office prior to the coup staged this May by businessman George Speight.
Speight's coup was eventually thwarted, but instead of handing power back to the democratic parliament and government, the military imposed their own "interim administration".
The court ruling means that the "interim administration" must now give way.
That verdict was welcomed today by Fiji's Blue, the campaign for a return to constitutional rule in Fiji.
Fiji's Blue is spearheaded by the Fijian trade unions, who have received strong backing from organised labour worldwide. Particular concern had been caused by the interim administration's moves to curb trade union rights (see ICEM UPDATE 80/2000).
The interim administration must now "prepare to resign their offices to make way for the convening of Parliament and the appointment of a multi-party Government by the President, Ratu Sir Kamisese Mara," the Fiji's Blue committee insisted today.
Fiji's Blue "expects that the new government will seriously review the 1997 constitution and take into account the grievances of those who are dissatisfied with specific clauses that need addressing within it."
In the meantime, Fiji's Blue will continue its campaign. It today called for calm and national reconciliation, and urged the military and the police to "implement the restoration of the 1997 Constitution."
Statement from Australian Trade Unions:
Fiji High Court Rules on Coup
Date: 15 November 2000
ACTU President Sharan Burrow has welcomed today's ruling by the Fijian High Court that the abrogation of the 1997 Fijian Constitution was not legal and that deposed President Ratu Sir Kamisese Mara and the democratically elected Fijian Parliament should be reinstated immediately.
"Supporters of Fijian democracy, including Australian unions, have always maintained that the legal and legitimate solution to Fiji's constitutional crisis is the restoration of the 1997 Constitution and the reinstatement of the democratically elected parliament," said Ms Burrow.
"Today's decision by the Fijian High Court vindicate that position.
"It is now up to the Australian Government and other Governments in the region to demand that the Fijian interim administration secede power and
restore the legally and democratically legitimate Parliament, President and 1997 Constitution."
Today's decision by Justice Anthony Gates of the Fiji High Court was in response to an application funded by the Fijian Citizen's Constitutional
Forum and argued by Australian barrister Dr George Williams.
In his decision Justice Gates ordered that:
- the abrogation of the 1997 Constitution was wrong.
- Ratu Sir Kamisese Mara is still President of Fiji.
- the appointment of Laisenia Qarase's Interim Government by the military was wrong
- the Judges who advised the military acted illegally
- that deposed President Mara summon an immediate sitting of Parliament which should resume its normal functions.
Fiji was thrown into constitutional crisis when George Speight and a gang of supporters took the Fijian Parliament hostage on May 19, 2000.
Australian unions imposed cargo and communications bans against Fiji in support of the hostages who were released after 56 days.