Sunday, April 26, 2009
Note:
Today'z mai birthday..lol...
Haha..today's my 21st birthday..and it's kinda weird that i share the same birthday as Frank Bainimarama...it actually makes me laugh to myself..well yea just a little bit..hehe..
I'm having a quite birthday...i always had major plans and day dreams about how my 21st was going to be...big party..all my family and friends there..loads of booze..haha..because im finally @ the legal age of drinking..lol, good music and dreamy 'lovo' and seafood..lol..
but my family couldn't afford to throw a big party this year and promised that someday soon they will..but @ the moment..the financial situation was pretty tight because of the current situation..everyone was trying to save and cut costs where possible...and I'm not angry or sad about it..I'm still so very grateful for my parents and family who have always been supportive and loving almost everyday of my entire life( and that on it's own was a great gift) and even though they do get on my nerves sometimes and can't stay out of my life..I'm forever grateful for their endless love and concern..Ok now I'm going all sentimental on this blog...
I acutally wanted to take today as an opportunity to dedicate it to " Che Guevara"..most young people may not know alot about him but he has made alot of impacts on many youths around the world ..and has encouraged young people to be concerned and involved in the currents affairs of their countries...and he has certainly had some impact on me...and made me realize a few facts about life and to be proud of who I am and my country...
Ernesto "Che" Guevara (June 14, 1928 – October 9, 1967), commonly known as Che Guevara, El Che, or simply Che, was an Argentine Marxist revolutionary, politician, author, physician, military theorist, and guerrilla leader. After death, his stylized image became a ubiquitous countercultural symbol worldwide.
As a young medical student, Guevara traveled throughout Latin America and was transformed by the endemic poverty he witnessed. His experiences and observations during these trips led him to conclude that the region's ingrained economic inequalities were an intrinsic result of monopoly capitalism, neocolonialism, and imperialism, with the only remedy being world revolution. This belief prompted his involvement in Guatemala's social reforms under President Jacobo Arbenz Guzmán, whose eventual CIA-assisted overthrow solidified Guevara's radical ideology.
Later, in Mexico, he met Fidel Castro and joined his 26th of July Movement. In December 1956, he was among the revolutionaries who invaded Cuba under Castro's leadership with the intention of overthrowing U.S.-backed Cuban dictator Fulgencio Batista.( doesnt this famous dictotor remind you of someone close to home!!)
Guevara soon rose to prominence among the insurgents, was promoted to Comandante, and played a pivotal role in the successful two year guerrilla campaign that deposed Batista. Following the Cuban revolution, Guevara reviewed the appeals of those convicted as war criminals during the revolutionary tribunals, ratifying sentences which in some cases involved execution by firing squads. Later he served as minister of industry and president of the national bank, before traversing the globe as a diplomat to meet an array of world leaders on behalf of Cuban socialism. He was a prolific writer and diarist, composing a seminal manual on the theory and practice of guerrilla warfare, along with an acclaimed memoir about his motorcycle journey across South America. Guevara left Cuba in 1965 to incite revolutions first in an unsuccessful attempt in Congo-Kinshasa and later in Bolivia, where he was captured with the help of the CIA and executed.
Both notorious as a ruthless disciplinarian who unhesitatingly shot defectors and revered by supporters for his rigid dedication to professed doctrines, Guevara remains a controversial and significant historical figure. As a result of his perceived martyrdom, poetic invocations for class struggle, and desire to create the consciousness of a "new man" driven by "moral" rather than "material" incentives, Guevara evolved into a quintessential icon of leftist-inspired movements. Paradoxically and in contradiction with his ideology, Che's visage was also reconstituted as a global marketing emblem and insignia within popular culture. He has been mostly venerated and occasionally reviled in a multitude of biographies, memoirs, books, essays, documentaries, songs, and films. Time magazine named him one of the 100 most influential people of the 20th century, while an Alberto Korda photograph of him entitled Guerrillero Heroico, was declared "the most famous photograph in the world.
Our youth must always be free,
discussing and exchanging ideas,
concerned with what is happening
thoughout the entire world.
-Che Guevara-
Wednesday, April 22, 2009
Just Maybe
Maybe quite a lot of people have being a little harsh about f-face... and maybe @ first he did have good intentions about supposedly freeing Fiji of corruption...maybe his not a bad/evil/devil-ish person but someone that has made a lot of wrong decisions....very wrong decisions!!!..just maybe, he can be a good leader one can hope for( some people already think he is...weird!!..i still dont understand that part of things)...or maybe he is just a leader gone bad...
Which leads me to ask; does power always corrupt???..well the answer is probably yes- @ least where power means that the holder is given the opportunity to abuse it, and self-interest dictates that he should do so...well he definitely had the opportunity...Bainimarama has taken power twice in Fiji's history, the first time as Head of the Interim Military Government of Fiji from 29 May to 13 July 2000, after organizing a counter-coup to neutralize the ethnic Fijian putsch led by George Speight. He handed power over to the newly-appointed President Ratu Josefa Iloilo and on 5 December 2006, he overthrew the Qarase government and announced that he had "reluctantly" assumed the powers of the presidency...after intense criticism of the government's policy of showing leniency towards people invloved in the coup...
but is he a leader gona bad???
Barbara Kellerman has been studying leadership in its less-than-heroic forms, and she believes that regardless of the reason, leaders don't create disasters or become monsters on their own. Kellerman is the research director for the Center for Public Leadership at the Harvard University John F. Kennedy School of Government. Her book Bad Leadership identifies seven types of bad leadership and gives examples of each. Kellerman hopes that it will eventually become accepted practice to consider the good and the bad in leadership development. But, she says, part of the problem is that the literature of leadership over-focuses on individuals, and ignores the role of the supporting cast. Followers surround bad leaders, she says, and bad leadership isn't possible without bad followers. It's essential to consider the role of followers in bad leadership, because followers play a role in the leader's overexpression of his or her unique dark side. "A leader is dependent on followers to aid and abet their leadership, whether it's bad or good," Kellerman says.
well i guess he's not necessarily bad...not good either...well i dont..just maybe!!!
Thursday, April 16, 2009
Abrogation of the Fiji Constitution c/ Munro Leys
Abrogation of the Fiji Constitution on 10 April 2009 and related events
Fiji Court of Appeal ruling and abrogation
1. On Thursday 9 April the Fiji Court of Appeal, in litigation brought by deposed Prime Minister Laisenia Qarase, ruled that the Bainimarama government's December 2006 takeover of executive power in Fiji was unlawful. The following day, in a direct response to this, the President of Fiji declared the Fiji Constitution abrogated (ie terminated) and a "new legal order" in place. He also declared that:
(a) he would from this point rule as head of state by Decree
(b) all judicial appointments (including those of judges at all levels and magistrates of the Magistrates Court) were immediately terminated and he would be calling for applications from qualified persons to apply/re-apply for appointment to judicial offices
(c) he would appoint a new Interim Government
(d) the fundamental rights and freedoms set out in the Constitution would be re-legislated into existence
(e) all existing laws (including Promulgations by the Bainimarama government) would be declared still to be on foot (unless specific ones are declared otherwise)
(f) work would now begin on electoral and other reforms leading to elections no later than September 2014
(g) his actions had the support of the security forces and they would maintain law and order.
2. On 11 April, the President appointed Commodore Bainimarama Prime Minister under the new legal order. All previously serving Ministers were also re-appointed.
3. Certain important public office-holders appointed under the Constitution appear also to have been dismissed. They include the Governor of the Reserve Bank of Fiji and the Director of Public Prosecutions.
4. As of the date of this Legal Alert, seven new Decrees had been issued, covering the abrogation, the office of the President, the continuance of existing laws, judicial appointments, revenue and expenditure, state services and citizenship. These are largely to replace legislation that previously existed in the now-abrogated Constitution. Legislation appears now to be delivered in the form of Decrees (as opposed to the “Promulgations” that laws were called after the December 2006 military coup).
Devaluation and tightening exchange control
5. On Wednesday 15 April the Fiji dollar (which is regulated by exchange control) was devalued by 20%. The Fiji dollar is now officially traded at approximately USD0.45. Exchange control regulations governing the outward flow of funds have been further tightened.
How it works from here
6. Clearly, serious constitutional questions arise from the President’s actions. This must include how any laws or decisions under the "new legal order" may be interpreted or recognised in future. This is not a matter we can predict. This advice is practically rather than constitutionally oriented, in terms of how business will practically be done from this point until any other significant development affecting the "new legal order".
7. The intended legal effect of the President's actions is to "wipe the legal slate clean and start again", in much the same way as Sitiveni Rabuka's successful military coups of 1987 did. Rabuka also abrogated the (previous 1970) Constitution and established a "new legal order" (leading eventually to a new 1990 Constitution, later amended to become the 1997 Constitution, under which the current President held office).
8. If the Constitution is dead, that does not mean that existing laws also disappear. The Constitution is the "supreme law". It prescribes certain things (particularly in respect of fundamental rights and freedoms, Parliament, Cabinet government and the judiciary). Any law inconsistent with the Constitution is unlawful - so if there is no Constitution, there can be no law that breaches it (although depending on developments it is possible that if a new decree breaches fundamental freedoms such a law may still be challenged).
Specific implications and consequences
9. Assuming that the President's latest actions are sustained and supported by the institutions of the State, the following implications and consequences are likely:
Business of government
(a) now that all Ministers of the Bainimarama Government have been re-appointed, they effectively continue in office and will be delegated the President’s authority to make laws and executive decisions as previously
(b) the laws which have been applied by the Bainimarama Government in the last 28 months (including those made before and December 2006) will continue to apply
(c) the prescriptions and constraints of the Constitution no longer apply. Therefore, for example, the requirement to hold elections, the make-up of Parliament, qualifications for Constitutional offices (such as the Director of Public Prosecutions, the Auditor-General, the Supervisor of Elections, the Public Service Commission and the Judicial Services Commission) no longer apply. The Government can make its own laws on these matters.
The courts
(d) there are currently no judges. New ones must be appointed (or previous ones re-appointed, if they apply and if their applications are successful). Therefore:
(i) there are no courts until these appointments are made
(ii) if there are any court cases part-heard or awaiting decision and any judge(s) hearing those cases are not re-appointed, there will be difficulties around finishing those hearings or getting judgments from those judges. Normally judges who cease to hold office have a transitional period in which to finish writing judgments on cases they have presided over. It is not clear what will happen to these cases. If such judges do not get this opportunity the cases may have to be re-heard. If judges who held office until last week are re-appointed, presumably they will finish off the cases on which they have started.
We assume priority will be given to ensuring that some sort of functioning judiciary is put in place quickly.
Taxation
(e) if existing laws are all declared still to be on foot, no changes in the amounts or mode of taxation will change. Assuming judges are appointed quickly there will be the usual recourse to the courts to resolve tax disputes (under the "old legal order" the tribunal positions in the specialist tax courts (Court of Review, VAT Tribunal) were vacant anyway so perhaps this is no change!). See (g) below on double tax treaty issues.
Provisions of the Constitution which may be missed
(f) the following provisions of the (now-abrogated) Constitution have specific implications for business and their absence may cause concern:
(i) fundamental rights and freedoms (Chapter 2) - including rights to life, liberty, free association, free speech, rights of access to independent courts and tribunals and protection against unfair deprivation of property by the State
(ii) Chapter 12 (Revenue and Expenditure) governing how Government lawfully collects revenue and spends money (including contracting with third parties). These appear now to have been substantially re-enacted by Decree.
Further Decrees may restore these matters under the "new legal order" in an attempt to give comfort to the business and investment community.
International issues
Double tax arrangements would not at first sight appear to be directly affected, but any cross-border issues with material tax implications relying on double tax treaties should be carefully scrutinised for practical effects.
Reciprocal enforcement of judgment rights, again, would not appear to be directly affected - but any party seeking to enforce a Fiji judgment in an overseas court may be vulnerable to legal argument based on these events.
Conclusion
10. Matters are fluid and may change rapidly. It appears that the Bainimarama Government will now largely continue, but under a different legal framework. In one sense, then, it may be "business as usual" but a great many matters are potentially left uncertain.
Disclaimer
The information and opinions in this Legal Alert are for general information purposes only. They are not intended as specific legal or other professional advice and should not be relied upon or treated as a substitute for specific advice. Munro Leys can accept no responsibility for any loss arising from reliance on the general information contained in this Legal Alert.
Personal life affected!!!
I'm sitting @ my computer..totally depressed about my life...about this country and it truly does put you off...the situation in Fiji is just so freaking depressing...
I deal with all sorts of pressure and stress everyday even when my day is so unproductive...usually from my family and work....well you must be wondering what the hell has that got anything to do with the current political situation????.....well in my case just about everything..!!!
First of all I have a job...with a reasonable pay... but i hate it...i hate it...hate it ..hate it...it is not my area of expertize, and its not the industry that i hoped to be in..i wanted something in the Tourism industry...I had big hopes and ambitions about becoming a hotel manager and right now because of the current political state of Fiji, I've had to change my whole 7 year plan that i set out from high school to achieve...and had to put my ambitions and dreams on hold....
This is not the Fiji i know...the Fiji i knew had a booming Tourism industry... loads of job opportunities...and was moving forward with the rest of the world...but now we seem to be moving back...
and yeah I should be thankful for the job I have now even thought its not the one of my dreams...and even though I'm not happy...and @ least I'm earning some money to support my myself and not rely too much on my family......just to ease the stress!!!
But then when you think about really hard and this might sound selfish....why the fuck should I???
Why the hell should I be grateful...and pretend to be happy...????
Is this somehow my fault???..I could have by now...my dream job.....if fuck face hadn't spoilt the whole dam situation in our country...i wouldn't be in this mess...
So yea I'm frustrated and ungrateful...is that wrong??? Is that my fault????
Tuesday, April 14, 2009
A Song
everyone,listen up take it easy.
they are brain washed.
absolutism,he is like Hitler.
so sing difiance song!
look sourrounding,think whether it is right?who is wrong?
look sourrounding,have power to be opposed power.
so sing difiance song!
let's difiance to power.
everyone,listen up take it easy.
we are correct.
absolutism,he is like Hitler.
so sing difiance song!
look sourrounding,you should not follow it.resist man of power.
look sourrounding,the thing losing it has nothing.
so sing difiance song!
