The courage of contrition

OVER the last three years, all of Fiji have become aware of the painful ongoing struggles of the 2012 Fiji National Provident Fund pensioners to receive justice for the wrong committed against them in 2012 by the Bainimarama Government. Despite the pensioners having lawful contracts and pensions offered by FNPF itself on FNPF form 9NOP, their pensions were slashed in 2012. Their resulting case in court by the late David Burness (waged by lawyer Dr Shaista Shameem) and already being heard by Justice Hettiarachchi, was thrown out by a Decree 51 issued by the Bainimarama Military Government. The previous Minister of Finance (Professor Biman Prasad) in his 2023 Budget acknowledged FNPF's fundamental illegality and betrayal of trust of what had taken in 2012 and made partial reparations which unfortunately did not address the bulk of the injustices. He also criticised the Bainimarama Government's denial of the 2012 pensioners' international basic human right to go to court with their perceived grievance. Which is why it is remarkable to see the same Voreqe Bainimarama asking the Fiji courts today to award him his own proper pension rights. Fiji should also remember the noble declaration of contrition by one respected senior civil servant, the late Mr Parmesh Chand, who in 2024 acknowledged his error in supporting FNPF's planned reduction of pensions when he was Chairman of the FNPF Board in 2010 and 2011. Surely Fiji today, beset by man-made disasters in every direction, needs more people of the courage and humility of the late Parmesh Chand, in admitting past errors of judgement. Bainimarama in court for his pension This last week the public will have seen the supreme irony of Voreqe Bainimarama going to the Fiji courts over an alleged underpayment in his massive prime ministerial pension. I make no statement on his claim. But how utterly bitter for the 2012 pensioners who to this day are not able to take their perceived grievances to court, precisely because of Bainimarama's draconian Decrees, which sadly the Rabuka Government has not negated despite their easily throwing out Bainimarama's Media Decree. There is much material on record showing that many members of the FNPF management (strictly the pensioners' employees) and board members also campaigned to reduce the pensions in 2012, despite consultants Promontory advising them not to touch existing contracts of retirees. Even the current FNPF board chairman (Mr Daksesh Patel) was originally appointed by the Bainimarama Government. His tenure was renewed by the NFP Leader as Rabuka's Minister of Finance. What has struck me however is that not a single FNPF board member or manager, between 2009 and now, has ever expressed regret for their immoral support of the 2012 pension robbery — except for one brave person: the late Parmesh Chand, who was chairman of the FNPF board between 2009 and 2010 when the FNPF pension robbery was set in motion. Parmesh Chand was also a respected senior civil servant who has been trusted by virtually all governments that Fiji has had over the last two decades. Parmesh Chand's words Let the late Parmesh Chand speak in his own words in a Fiji Times letter to the editor (of 23 November 2024) just prior to his taking up a diplomatic appointment in Japan. I was Chair of the Fiji National Provident Fund (FNPF) from 2009 to about May 2010. At this time, the Fund was thinking about reducing certain pensions and taking other measures it felt to be in the interests of protecting its solvency. There was opposition from the pensioners who argued that if the FNPF followed through, it would be in breach of agreed procedures and committing a betrayal of trust. They rejected the contention the FNPF faced a major financial problem. The FNPF's ideas turned into plans, supported by the government of the day. These were implemented in 2012. Pensions were cut, some very substantially, while some of those affected took offers of lump sums, leaving them without any regular pension payments. I have been following the renewed efforts of the pensioners to reverse the 2012 decisions, including existence of Decree 51 to stop them using their right to appeal to the court system. They had a significant victory this year when the honourable Minister of Finance, National Planning and Statistics, announced the Coalition Government would restore reduced pensions to their original rates. The honourable minister also agreed the cuts to pensions were illegal and that the statutory arrangement and trust between the fund and the pensioners had been broken. He also referred to the denial of justice caused by the former Government imposing a law to restrict court challenges by the pensioners to their unfair treatment. I affirm that I now support the pensioners. The stance I took when I was FNPF chair reflected a reality I had to contend with. This is a new era. My changed position is significantly influenced by research outcomes and analyses I have read in the media from pensioners such as Professor Wadan Narsey and Jackson Mar. Their assertions about the financial stability and strength of the FNPF are more than persuasive. I also applaud many other members of the affected group who have been active in promoting their cause through the media. I am confident the case presented by the pensioners in the current stage of their campaign will be successful in this new era of democracy. It is time now for the FNPF to follow the example set by the Coalition Government. It should bring to an end discrimination against, and penalising of, a group of senior citizens. Understandably a speedy resolution is critical. I owe an apology to the pensioners for the original stance I took, and for the lateness of this statement. I wish them well. (Written in my role as a private citizen) Parmesh Chand, Nadi n WADAN NARSEY is a well-known economist and Fiji Times columnist and author. He is a former Professor of Economics at the University of the South Pacific and a member of an activitist group seeking redress for the consequences of the 2011-2012 FNPF pension reforms. The views expressed in this article are his own. n To continue on Monday —Blessed are they who are contrite