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How low can one get to 'Moot Conspiracy Claims' against an Indigenous Society?

This is a discussion on How low can one get to 'Moot Conspiracy Claims' against an Indigenous Society? within the Human Rights forum, part of the International Law Issues category; A case example: Excerpts of a Paper written against 'Indigenous Fijians as noted in Journal of South Pacific Law. Author ...

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Old Sep 30th, 2009, 02:39 AM   #1
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EEK! How low can one get to 'Moot Conspiracy Claims' against an Indigenous Society?

A case example:
Excerpts of a Paper written against 'Indigenous Fijians as noted in Journal of South Pacific Law.
Author unknown. Todate, its noted link has been removed from JSPL.

Before we let you read their names, it is interesting to note that these so called experts with all foreign names and none from the Indigenous Fijians who working very hard to find fault with Fiji's electoral systems. The focus in their discussion paper , quote,

"This paper will address whether the protection of indigenous Fijians in the Senate and the ethnically-based electoral system of Fiji’s House of Representatives amount to racial discrimination. This paper is only concerned with racial discrimination as it is defined in international human rights law."

What we find interesting are as follows;

* Who are these group of people shredding Fiji's framework to pieces?
* Why are they specifically targetting the Indigenous Fijians in this paper?
* Why is it that it is being done behind the scene and it is not being openly discussed?
* Theres no Indigenous Fijian academic in the group at all - why is this so?
* What are the background of these people?
* WHY ARE THEY PROFILING THE INDIGENOUS FIJIANS?
* The only Fijian named throughout the document is a man called Mr Mataitoga. No other name.

Excerpts of questions raised are as follows:
Volume 10 2006 - Issue 2
Titled:
THE PROTECTION OF THE INTERETS [typo error by them] OF INDIGENOUS FIJIANS IN THE SENATE ETHNICALLY-BASED ELECTORAL SYSTEM OF FIJI: EXAMPLES OF RACIAL DISCRIMINATION?

LIST OF QUESTIONS GIVEN IN THE DOCUMENT.

Law: What is Racial Discrimination?

Applying the Law to the Facts: Do aspects of Fiji’s Parliamentary and Electoral Systems amount to Racial Discrimination

The question to be determined here is whether aspects of Fiji’s parliamentary and electoral systems amount to racial discrimination. The aspects to be assessed are:


A Fiji’s ethnically-based House of Representatives electoral system and

B The protection of Fijian interests in the Senate

First this paper will assess whether the above aspects of Fiji’s parliamentary and electoral systems violate CERD, which is the foremost international convention concerning racial discrimination. Secondly, this paper will assess whether the mentioned aspects of Fiji’s electoral and parliamentary systems violate international customary law.

Is Fiji’s ethnically-based electoral system racially discriminatory under the International Convention of Elimination of All Forms of Racial Discrimination (CERD)?

Does Fiji’s ethnically-based electoral system make distinctions on the basis of race?
Are these distinctions unreasonable and arbitrary?
Are there any relevant reservations or declarations to be considered?
Is Fiji’s ethnically-based electoral system racially discriminatory under International Customary Law?
Does the protection of Fijian interests in the Senate amount to racial discrimination?
Does the protection of Fijian interests in the Senate amount to racial discrimination under the International Convention of Elimination of All Forms of Racial Discrimination (CERD)?
Does the distinction have the purpose or effect of impairing the exercise of a fundamental right or freedom?
Are these distinctions unreasonable and arbitrary?
Are there any relevant reservations or declarations to be considered?
Does the protection of Fijian interests in the Senate amount to racial discrimination under Customary Law?

CONCLUSION
Racial non-discrimination is recognized in international law through both treaties and customary law.

Fiji’s ethnically-based electoral system for the House of Representatives would amount to racial discrimination, as defined in Article 1(1) of the International Convention on the Elimination of all Forms of Racial Discrimination, but for Fiji’s reservation to Article 5(c). However, on the argument that the human rights within the UN Charter and the Universal Declaration of Human Rights have become recognised as international customary law, Fiji’s ethnically-based electoral system is in violation of the right to racial non-discrimination clauses in both the Charter (Article 55(c)), and the Universal Declaration (Article 2). Hence, Fiji’s electoral system would amount to racial discrimination under customary law.

The Fijian Senate’s protection of Fijian interests, through the Great Council of Chief’s advice on appointment of the President and 14 Senators would also amount to racial discrimination under CERD but for Fiji’s reservation to Article 5(c) of CERD. The protection of Fijian interests in the Senate does, however, violate Articles 2 and 55(c) of the Universal Declaration of Human Rights and the UN Charter, respectively. Therefore, on the argument that the human rights within these instruments amount to international customary law, the protection of Fijian interests in the Senate amounts to racial discrimination under international customary law.

READ MORE:
Is it Conspiracy Against Indigenous Fijians as noted in Journal of South Pacific Law? - Matavuvale Network
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Old Sep 30th, 2009, 01:24 PM   #2
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Default Re: How low can one get to 'Moot Conspiracy Claims' against an Indigenous Society?

Is it really continuing there like that?
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Old Oct 6th, 2009, 01:37 AM   #3
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Cool Re: How low can one get to 'Moot Conspiracy Claims' against an Indigenous Society?

The undertone smells of low level 'racial conflict' being incited by some who wants to break the patience of the Indigenous people. But unfortunately, these little thugs will be waiting for ever because it will never come to pass.
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