Identifier
Created
Classification
Origin
07SUVA123
2007-02-21 21:21:00
CONFIDENTIAL
Embassy Suva
Cable title:  

FIJI UPDATE 2/22/07: QARASE WARNS AGAINST HAVING

Tags:  PREL MARR PHUM ASEC ELAB FJ 
pdf how-to read a cable
VZCZCXRO4214
PP RUEHPB
DE RUEHSV #0123/01 0522121
ZNY CCCCC ZZH
P 212121Z FEB 07
FM AMEMBASSY SUVA
TO RUEHC/SECSTATE WASHDC PRIORITY 3806
INFO RUEHBY/AMEMBASSY CANBERRA 1588
RUEHNE/AMEMBASSY NEW DELHI 0095
RUEHPB/AMEMBASSY PORT MORESBY 1167
RUEHWL/AMEMBASSY WELLINGTON 1365
RUEHNZ/AMCONSUL AUCKLAND 0381
RUEHDN/AMCONSUL SYDNEY 0789
RHHMUNA/HQ USPACOM HONOLULU HI
RHHJJAA/JICPAC HONOLULU HI
C O N F I D E N T I A L SECTION 01 OF 03 SUVA 000123 

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/22/2017
TAGS: PREL MARR PHUM ASEC ELAB FJ
SUBJECT: FIJI UPDATE 2/22/07: QARASE WARNS AGAINST HAVING
BAINIMARAMA AROUND AT ALL; ACTING CJ GATES MAY HEAR
QARASE'S LAW SUIT; THE BAINIMARAMA/CHAUDHRY "PAY BACK"
CAMPAIGN MAY HAVE DANGEROUS LONG-TERM CONSEQUENCES

REF: SUVA 120

Classified By: Amb. Dinger. Sec. 1.4 (B,D).

Summary
-------
C O N F I D E N T I A L SECTION 01 OF 03 SUVA 000123

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/22/2017
TAGS: PREL MARR PHUM ASEC ELAB FJ
SUBJECT: FIJI UPDATE 2/22/07: QARASE WARNS AGAINST HAVING
BAINIMARAMA AROUND AT ALL; ACTING CJ GATES MAY HEAR
QARASE'S LAW SUIT; THE BAINIMARAMA/CHAUDHRY "PAY BACK"
CAMPAIGN MAY HAVE DANGEROUS LONG-TERM CONSEQUENCES

REF: SUVA 120

Classified By: Amb. Dinger. Sec. 1.4 (B,D).

Summary
--------------

1. (C) Exiled PM Qarase has warned that returning Bainimarama
to the barracks could well leave the Commodore continuing his
interference in politics. Acting Chief Justice Gates, a
shadow backer of Bainimarama, may hear Qarase's law suit.
The RFMF continues intimidation, including against lawyers
and senior police. The interim government has told
public-sector unions they may authorize a strike but may not
engage in one. It appears the Fiji judiciary will see an
infusion of judges. How they are selected could dramatically
affect rule of law. Interim Finance Minister Chaudhry is
showing his vindictive side. We comment on a worry that the
Indian High Commission and many in the Indo-Fijian population
are applauding a highly dangerous game of "pay back" with the
ethnic-Fijian community. End summary.

Qarase: Bainimarama a threat, even if he returns to camp
-------------- --------------

2. (U) PM Qarase, still exiled on his home island in Lau,
complimented a recommendation by the Pacific Island Forum's
Eminent Persons Group for Bainimarama to step down as PM, but
Qarase commented on a danger that Bainimarama would continue
unreasonable demands on any successor government, leaving
Fiji with "the same problem once again." Qarase said any
"civilian leadership" of an interim government should not
consist of Fiji Labor Party or National Alliance Party
members, since the FLP and NAP were behind the coup.

Acting CJ Gates and Qarase's law suit
--------------

3. (C) Some media sources say they have been reliably
informed that Acting Chief Justice Anthony Gates has decided
to designate himself to hear PM Qarase's case against
Bainimarama and other coup perpetrators. Reportedly the
first court session will be March 2. (Comment: For Gates,

who by many accounts has been a "shadowy figure" behind the
coup, not to recuse himself would be a travesty of justice.)

Military intimidating lawyers
--------------

4. (U) Several law firms in Suva have let it be known they
have received threats from the military to discourage taking
on law suits against the coup perpetrators, including for
human-rights violations. Early on Feb. 20, a car belonging
to a family member of Tevita Fa, the lawyer handling Qarase's
suit, was vandalized. Three men entered Fa's fenced yard and
smashed all the windows. Security guards in the area
followed the culprits and allegedly saw them depart in a
military vehicle.

A policeman in military custody: more abuses
--------------

5. (C) Last Friday, 2/16, the military took into custody
Waisea Tabakau, Acting Director of the Police Criminal
Investigations Division (CID). He was detained at Queen
Elizabeth Barracks until yesterday, 2/21, when Acting Police
Commissioner Tikotikoca went to QEB to seek his release. To
the best of our knowledge, it is the longest RFMF detention
since the coup. RFMF sources have revealed little, only
suggesting that Tabakau and others supposedly have continued
investigations that were to have ceased. Presumably, such
investigations were against senior RFMF figures for
coup-related activities. Tabakau reportedly told associates
that during the weekend, while at QEB, he saw several
ambulances depart the camp transporting people beaten by
military interrogators.

Bainimarama brother heads census effort
--------------

6. (C) Timoci Bainimarama, long head of the Fiji Government's
statistic office which organizes and tabulates the census,
and brother of Commodore Bainimarama, has been appointed
Census Commissioner by the interim government. His mandate
is reportedly to complete the census this year. (Comment: we
are aware that the U.S. Bureau of the Census has worked with
Fiji for several years on census preparations.)


SUVA 00000123 002 OF 003


Public sector can vote for strike, but not have one
-------------- --------------

7. (U) Talks between the Public Service Commission and the
Confederation of Public Sector Unions about interim
government plans to impose a 5% public-sector wage cut and to
reduce the public-sector retirement age from 60 to 55 ended
in a deadlock. Reportedly an interim cabinet meeting on 2/27
will make a final decision on the issues. Interim Labor
Minister Rounds Ganilau said on 2/22 that the unions will be
permitted to conduct a secret ballot to seek a strike mandate
under Fiji labor laws, even with the "State of Emergency" in
place. However, she added, the unions will not actually be
allowed to go on strike. Rounds Ganilau said she is seeking
other options for solving the dispute.

A judge crunch coming; stacking the courts?
--------------

8. (C) Acting CJ Gates has said urgent reforms are needed to
allow the judicial system to work more effectively and
efficiently. He noted the current number of judges is
insufficient to handle a backlog of cases. He intends to
fill all judicial vacancies and possibly appoint acting
judges. (Comment: Ironically, we are informed by a judicial
colleague that Gates, himself, has a shocking backlog of
cases awaiting judgment. Some date back five years or more.
We understand that one of those interested in a judicial
appointment is the MFA's Isikele Mataitoga, former CEO and
now Acting PermSec.) The EPG report noted that a number of
expat judges are nearing the end of their contracts and/or
may not be willing to continue under interim-administration
circumstances. Who gets selected for judicial openings and
how selections are made could dramatically affect rule of law.

Vindictiveness: Chaudhry and the Fiji Post
--------------

9. (C) The Fiji Post newspaper and interim Finance Minister
Chaudhry have long had a contentious relationship. When
Chaudhry was PM in 1999-2000 he believed, probably with
justification, that the Post was slanting news and opinion
negatively. Now that Chaudhry has power again, with a degree
of control over the purse, he has moved to sell the Fiji
Government's 45% share of the Post (not a problem if there is
a willing private buyer) and to foreclose on sizable Post
debts to government coffers (which could force the Post to
close its doors). On February 15, the Post's editorial
discussed its rough road with Chaudhry and then concluded
with the following: "we hope Asha gave you a Happy Valentine,
Mahend." Asha is Chaudhry's well-known but not publicly
talked about mistress. The Minister was not pleased. His
lawyer son announced a law suit would commence. (Comment:
While very few people actually read the Post's editorials,
Fiji TV displayed the "Asha" quote as part of a story on
Chaudhry's reaction. The whole nation became aware.)

More vindictiveness? Chaudhry and FMF
--------------

10. (C) Another long-standing Chaudhry enemy has been Hari
Punja, the highly successful founder of Flour Mills of Fiji
(FMF). When the Chinese built a large gym for Suva's South
Pacific Games a few years ago, Punja bought naming rights for
what became the "FMF Dome." Reportedly FMF recently was a
few days late in depositing its periodic payment for the
rights, not an uncommon occurrence in Fiji. The Fiji Sports
Council (FSC) response was immediate cancellation of the
agreement. The "FMF Dome" logo then was painted out from the
front of the gym. Under the interim government, Chaudhry
crony Vayeshnoi is Sports Minister and Chaudhry son Rajendra
is on the FSC board.

Comment: the dangers of "pay back"
--------------

11. (C) A diplomatic colleague had dinner with Indian High
Commissioner Ajay Singh a few days ago. Singh, who has made
no secret of his support for the interim government's "clean
up" effort, described the present Fiji environment as
"pay-back time." Chaudhry's vindictiveness against the Post
and FMF is illustrative, but Singh probably meant "pay back"
more broadly against those who supported the 2000 coup that
removed the Chaudhry government, and more broadly yet against
those who have suppressed ethnic-Indian interests in the
past. We suggested to Singh at the time of the coup that the
Indian Government, the world's biggest democracy, should

SUVA 00000123 003 OF 003


condemn the RFMF action. Singh argued that many Indo-Fijians
were supportive of Bainimarama's efforts. We suggested that
any obvious Indo-Fijian enthusiasm for the RFMF would be
playing with fire. Since then there have been many instances
of Indo-Fijians complaining to the RFMF about ethnic-Fijians
and of RFMF troops then enforcing street justice with no due
process. To date, nothing has exploded into flame, but there
is certainly a danger of "pay back" reversing course with
tragic consequences.
DINGER