The Fiji Law Society says it is concerned about the statement by the National Disaster Management Office that permits must be sought from the government to fundraise for TC Yasa while the NDMO says they do not want anyone to use TC Yasa to gain profit.
In a statement, Fiji Law Society President William Wylie Clarke says there is no law that says a person must have a permit before asking others for money to help disaster affected people.
Clarke says existing criminal law already provides adequate sanction against anyone who pretends to be fund-raising but intends to keep to himself or herself the money collected.
He says it also runs counter to common sense for the NDMO to be suggesting at a time of natural disaster and great suffering, that the many religious and community organisations, charities and individuals who are trying to help those affected appear to be threatened with prosecution if they do not seek a permit to ask for support.
Clarke says this threat only sows fear and confusion and potentially deprives those in need of the support they require.
He says the Fiji Law Society urges the NDMO to clarify that no one is required to obtain a permit to fund raise for disaster affected people, withdraw the threat of prosecution and encourage all good Samaritans to provide what support they are able to give, collectively or individually.
In a statement, NDMO Director Vasiti Soko said that they will report anyone found breaching the Declaration of State of Natural Disaster if they are found to be using TC Yasa to gain profit.
A State of Natural Disaster has been declared for all Fiji which was effective from December 16th for 30 days.
Soko says the declaration also states that it prohibits the unjustified exploitation of a disaster for profit.
The NDMO Director says as an organisation, it is always best that the government’s distribution or support is done through existing on-ground structures - that is the Commissioner, Provincial Administrator or District Officer.
Soko says this will avoid duplication, ensure support is targeted and is done on a needs basis, ensure security during distribution, protects the community in terms of their dignity and representation, protects the community in terms of sensational coverage and out of context reporting and ensure that transparency and accountability is provided back to various donors.
The NDMO says this issue came up after several individuals were seen setting up their own fundraising for TC Yasa assistance.
They also say that all those fundraising for TC Yasa are required to seek permit from the Ministry of Rural and Maritime Development and Disaster Management.
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