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Legal news from Sunday, October 3, 2010 |
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Fiji ex-PM detained for violating law against public meetings
Dwyer Arce on October 3, 2010 1:24 PM ET

[JURIST] Fijian opposition leader Mahendra Chaudry was arrested by military authorities Friday for allegedly holding public meetings in violation of regulations imposed by the military government of Prime Minister Commodore Josaia Voreqe "Frank" Bainimarama [BBC profile]. Chaudry, a former prime minister who lost power in a coup in 2000, is to be brought before the Rakiraki Magistrates Court [PacLII backgrounder] Monday along with five others [AFP report] who were detained with him. Chaudry, the leader of Fiji's National Farmers Union, is alleged [Fiji Times report] to have held public meetings to assess the impact of drought and government modernization efforts on Fiji's sugar cane industry. The meetings are alleged to have violated the Public Emergency Regulation [text, PDF], promulgated by Bainimarama's government in April 2009 after the suspension of the constitution [JURIST report]. Bainimarama, the leader of a 2006 coup [JURIST report] against the country's civilian government, has faced ongoing criticism by human rights groups for his government's treatment of opposition groups. In April, the Media Industry Development Decree 2010 [text, PDF], which included several provisions that could result in the fining and imprisonment of journalists, was criticized [JURIST report] by international human rights organizations as "clearly focused on the regime retaining control and entrenching its highly oppressive restrictions."
Fiji has been in turmoil since former president Ratu Josefa Iloilo suspended the constitution and revoked the appointment of all judicial officers after an appeals court ruling [JURIST reports] declaring the appointment of the military government following the 2006 coup unconstitutional. Bainimarama took control in the wake of the coup, which ousted then-prime minister Laisenia Qarase [BBC profile]. The Commonwealth of Nations [official website] suspended [JURIST report] Fiji from its organization in September 2009 because it failed to meet the September 1 deadline for reinstating a constitutional democracy and opening a national dialogue. Fiji was also suspended [JURIST report] from the Pacific Islands Forum [official website] in May 2009 after Fiji's current military government failed to meet a May 1 deadline to schedule elections. Bainimarama announced plans [JURIST report] in July to establish a new constitution by September 2013.


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Ecuador to revise austerity law following unrest
Dwyer Arce on October 3, 2010 12:07 PM ET

[JURIST] The Ecuadorean government will revise a controversial austerity law following unrest and a suspected coup attempt, government officials announced Saturday. The announcement came after days of unrest [BBC report], during which protesting police officers fired tear gas at President Rafael Correa [official website; BBC profile], surrounded the hospital at which he was being treated, and trapped him there for 12 hours. The police were protesting the Public Service Law [text, PDF, in Spanish], which they feared would reduce their pay and benefits as part of nationwide austerity measures. The National Assembly denied this claim [press release, in Spanish] on Friday, arguing that the law "includes important benefits for the Armed Forces, Police and Fire Department, including overtime, in recognition of their effort and sacrifice made for the country." Correa has characterized [Al Jazeera report] the unrest as a coup attempt fomented by opposition parties. Three members of the police leadership are under investigation for the violence. Also on Saturday, government officials announced that Correa had no immediate plans to dissolve the National Assembly, which would allow him to pass law by decree until the next election. This was reportedly considered as a way in which to pass through the austerity measures after members of Correa's Alianza PAIS [party website, in Spanish] party had threatened to vote against the measures.
The power to dissolve the legislature and pass laws by decree is one that was conferred to Correa under the new constitution passed in 2008 [JURIST report]. Ecuadorean voters overwhelmingly approved the constitution, which also gave Correa the power to control monetary policy and seek reelection for an additional term. The special assembly charged with rewriting the constitution provisionally approved [JURIST report] the document in July. The success of Correa's referendum fulfilled his pledge to rewrite the country's constitution after his coalition's landslide victory [JURIST report] in October 2007. Critics characterized the 444-article constitution as giving the president too much control over the economy and the judiciary.


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