Poor Yash Ghai, a world renowned constitutional scholar, was sat next to a former student of his, Aiyaz Sayed-Khaiyum, and perhaps the second major treasonous partner in the illegal regime of military commander Commodore Voreqe Bainimarama.
Professor Ghai had just finished speaking on constitution-making at an event organised by the Citizens’ Constitutional Forum at Suva’s Holiday Inn in late January. Mr Sayed-Khaiyum had entered in the middle of the presentations and had now scurried up to the front table for the questions and answers portion.
From the audience a question was asked of Professor Ghai if given that chief guest, former Vice President and justice Ratu Joni Madraiwiwi, had referred to the “purported abrogation” of the 1997 Constitution in April 2009 if the Constitution was still in effect.
Professor Ghai seemed to squirm before trying to cobble together a response in which he suggested he would not comment on such a question. He was asked moments later to answer the direct question. Professor Ghai said tersely that he had “no more to add” to that which he had said earlier. A master of ceremony quickly brought the awkwardness to an end by saying that discussion could be carried on later.
The incident, in a roomful of diplomats, academic, human rights activists and policymakers and politicians, illustrate the delicate moment Fiji’s finds itself at on the cusp of yet another constitutional process to be carried on under a regime born of an illegal overthrow of government, but hoping to “rebuild” a Fiji free of discrimination, racism and corruption.
To be sure the CCF meeting was an early positive sign that free and open dialogue can start on rebuilding a legal foundation for Fiji, but it also showed the reluctance of a regime whose beginnings is itself of an illegal foundation.
Professor Ghai, a Kenyan who has spent much of his working life as an academic in law schools and faculties across the world, including a stint in the 1980s at the University of the South Pacific, was an Honorary Professor at the University of Hong Kong when Sayed-Khaiyum was studying for his Masters in Law there in 2002.
See a story here on Professor Ghai and co-author Jill Cottrell's book launch and talks in Fiji.
See a story here on Aiyaz-Sayed Khaiyum's thesis from the University of Hong Kong.
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