FIJI UPDATE, APRIL 16, 2007: WAR OF WORDS

UNCLAS SECTION 01 OF 03 SUVA 000221

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL ASEC MARR CASC FJ
SUBJECT: FIJI UPDATE, APRIL 16, 2007: WAR OF WORDS
CONTINUES; SOLDIERS DETAINED IN NORTH FOR "INCITING
MUTINY," ASIA PACIFIC LAW ASSOCIATION SAYS FIJI JUDICIARY
COMPROMISED; PIF-FIJI JOINT WORKING GROUP AGREES ON TERMS
OF REFERENCE

REF: A. SUVA 212


B. SUVA 213

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

1. (SBU) Interim government rhetoric against the U.S. and
other countries that have imposed sanctions against Fiji
continued over the weekend. Most notable is the press
statement issued by the interim Attorney General which
accuses the Ambassador and the high commissioners of
Australia and the UK of "inciting mutiny." The interim AG
said the three diplomats should not "hide behind the
privilege of diplomatic immunity." The Permanent Secretary
to the interim PM told a group of diplomats that the recent
escalation of rhetoric was regrettable, and blamed foreign
governments for spreading misinformation about the interim
regime. In that meeting we expressed concern about the harsh
and false statements made by the military and members of the
interim government. In a sign that all may not be well
within the military, three officers are being investigated
for mutiny in Fiji's north. The Law Association for Asia and
the Pacific has expressed concern about the rule of law in
Fiji and notes that the judiciary is widely seen as divided
and politicized. It has called for specific charges to be
made against suspended Chief Justice Fatiaki, if there are
grounds for such charges. The Pacific Island Forum-Fiji
Joint Working Group agreed on terms of reference. It also
agreed that an independent assessor should be hired to
determine the minimum reasonable time required to prepare for
and conduct the next parliamentary elections in Fiji. The
study will begin in early May and should be completed in
June. End summary.

Anti-U.S. Rhetoric Continues, But RFMF Insists
Military Relations with U.S. are Intact
-------------- -

2. (SBU) RFMF and interim government rhetoric against the
U.S. continued over the weekend. RFMF spokesman Neumi Leweni
said the recent strained ties between the U.S. and Fiji
should be placed solely on the shoulders of Ambassador Dinger
because he overstepped his role by trying to instigate mutiny
in the RFMF when he and other chiefs of mission visited the
military camp last November. RFMF Deputy Commander Esala
Teleni chimed in, saying that the statements from Land Force
Commander Colonel Pita Driti (ref a) about the diplomats
inciting mutiny were accurate. Leweni insisted the
military's relationship with the U.S. remains fully intact,
citing Fiji's roles in the U.S.-funded multinational force in
the Sinai and in UN peacekeeping operations. "There is
nothing to worry about" in regard to continued Fiji
participation in these activities, he said.

Interim AG Press Statement
--------------

3. (SBU) Media reported heavily on the press statement
released by interim Attorney General Sayed-Khaiyum accusing
the heads of the U.S., Australian and British missions of
attempting to incite mutiny in the RFMF last year (ref b).
Most media also accurately reported the rebuttal of those
statements contained in a joint press release put out 4/13 by
the three missions (ref A). In his statement, Sayed-Khaiyum
said "the three diplomats in question are currently hiding
behind the privilege of diplomatic immunity. The absence of
diplomatic immunity would have certainly led to
investigations against them for such an act. Perhaps in
light of their much publicized commitment to the rule of law
they should consider waiving their diplomatic status to allow
for an unimpeded investigation by the Police into their
behavior last November." The behavior of the three
diplomats, continued Sayed-Khaiyum, "constitutes an
unwarranted and unlawful interference in the affairs of a
sovereign state....No person that engages in such behavior
should be allowed to hide behind the privilege of diplomatic
immunity."

Driti Attacks Australia and New Zealand, Again
-------------- -

4. (SBU) Col. Driti, who last week said he'd close down the
Australian and New Zealand High Commissions if he had the
chance, pressed his attack on Sunday. Perhaps the two
countries should relocate their high commissions to elsewhere

SUVA 00000221 002 OF 003

SUBJECT: FIJI UPDATE, APRIL 16, 2007: WAR OF WORDS
CONTINUES; SOLDIERS DETAINED IN NORTH FOR "INCITING
MUTINY," ASIA PACIFIC LAW ASSOCIATION SAYS FIJI JUDICIARY
COMPROMISED; PIF-FIJI JOINT WORKING GROUP AGREES ON TERMS
OF REFERENCE

in the Pacific, he said. "There is no point in having them
here if they frustrate the military and interim government's
efforts to return the country to democracy." "First they cut
off diplomatic ties and then they went and cried to the
United Nations to stop Fijian soldiers from taking part in
peacekeeping duties." "If they think they can treat us like
dirt," Driti went on, "they should think again because we are
an independent and sovereign nation."

And the Fiji Labor Party Gets Into the Act
--------------

5. (SBU) The Fiji Labor Party President, an ally of interim
Finance Minister Chaudhry, also went on the offensive against
the U.S. and other countries April 15, stating the party "is
alarmed at revelations that the heads of three diplomatic
missions tried to influence army officers against their
Commander in late November....Such actions will only tend to
embitter relations at a time when Fiji needs all the
understanding and assistance we can get from those that
regard themselves as friends of Fiji." The Labor party
leader criticized the U.S., Australia, New Zealand and
Britain for their "support for the despotic and insensitive
(Qarase) government." These four countries "must take equal
blame for the deteriorating situation in Fiji that resulted
in the takeover of 5 December, 2006."

PM Office Permanent Secretary
Blames Others for the Rhetoric
--------------

6. (SBU) At a briefing for diplomatic missions April 16, PM
Office Permanent Secretary Parmesh Chand, noted the "many
arguments reported in the media over the past two weeks"
between the interim government and the international
community. He attributed these "arguments" to
misrepresentations by foreign governments and the failure by
these governments to "accept Fiji's reality," and help Fiji
move forward. Other nations, he said, should engage with the
interim government and try to solve problems through
diplomatic means. The U.S. Embassy representative to the
meeting (the DCM) countered that the U.S. is more than
willing to engage in dialogue, as last week's visit of DAS
Davies to Fiji indicates. The U.S. is very concerned,
however, about recent strident and false statements made by
military and interim government officials. The Australian
representative weighed in, noting his government's concern
about the statements by the interim AG. Chand said the
statements by interim government figures were "tit for tat"
and agreed that a more civil discourse is necessary. The DCM
noted our request of today to have the Ambassador meet with
the interim PM to discuss Embassy security issues. Chand
promised to look into setting up a meeting.

Military Calls Rabuka Comments "Mischievous"
--------------

7. (SBU) RFMF spokesman Leweni criticized former PM (and
leader of the 1987 coups) Sitiveni Rabuka for stating in a
newspaper opinion piece over the weekend that the interim
government is attempting to dismantle Fiji's traditional
chiefly system. With obvious tongue in cheek, Rabuka said
the interim regime is attempting to build a "new order"
wherein the villages and provinces of Fiji "would owe
allegiance to the national political leaders not too
different from the 'political commissars' that came out of
the great cultural revolutions of Russian and China." Rabuka
ended his article by suggesting the RFMF change its name to
the "People's Liberation Army." Clearly not amused by the
references to cultural revolutions and the PLA, Leweni called
Rabuka's comments "mischievous" and "baseless." "It would be
more helpful for the former PM to assist the indigenous
population by providing constructive messages rather than
trying to confuse them," he said.

Signs of Military Discord? Allegations
of Mutiny Against Three Officers
--------------

8. (U) According to press reports, a military Board of
Enquiry is looking into allegations that three officers in
Vanua Levu (Fiji's second largest island) failed to obey
orders in a late-March incident. The officers allegedly
ordered soldiers to remove themselves from checkpoints
despite a clear directive from RFMF headquarters to continue

SUVA 00000221 003 OF 003

SUBJECT: FIJI UPDATE, APRIL 16, 2007: WAR OF WORDS
CONTINUES; SOLDIERS DETAINED IN NORTH FOR "INCITING
MUTINY," ASIA PACIFIC LAW ASSOCIATION SAYS FIJI JUDICIARY
COMPROMISED; PIF-FIJI JOINT WORKING GROUP AGREES ON TERMS
OF REFERENCE

manning the checkpoints. The three officers are in police
custody.

LAWASIA Says Rule of Law in Question
--------------

9. (U) The report by the Law Association for Asia and the
Pacific (LAWASIA) of its late March fact-finding mission to
Fiji noted that "the rule of law in Fiji may be compromised
by the ongoing uncertainty as to the status and future of
suspended Chief Justice Fatiaki and by the ongoing public
perception, right or wrong, that the judiciary is politicized
and divided." LAWASIA called for the charges against the CJ
to be "particularized" and heard before an independent
Tribunal. (Fatiaki has never been told the specific basis for
his dismissal.) LAWASIA offered to help select candidates
for such a tribunal. It noted that because of controversy
over the dismissal of Fatiaki and the appointment of Acting
Chief Justice Gates, "any actions performed by him (Anthony
Gates) in his capacity as Acting Chief Justice will remain
under the shadow of possible future challenge." Noting the
current climate of intimidation in Fiji, LAWASIA said that
"members of the legal profession must be entitled to speak
openly about all of these issues without the fear of
intimidation by the military."

PIF-Fiji Joint Working Group Terms of Reference
-------------- --

10. (SBU) The Pacific Islands Forum-Fiji Joint Working
Group held its second meeting in Suva April 13. Australia,
FSM, Kiribati, Nauru, New Zealand, PNG, Marshall Islands, and
Tuvalu sent representatives from their missions in Suva. PM
PermSec Chand and Foreign Affairs Advisor Mataitoga
represented Fiji. The Working Group agreed on terms of
reference as follows:

--To discuss and monitor the progress of Fiji toward
implementation of the outcomes of the Forum Foreign Affairs
Ministers' Meeting;

--To identify, assess and recommend credible mechanisms for
returning Fiji to democracy as soon as possible, including
the development of a roadmap to parliamentary elections in
the shortest practicable time;

--To identify other priority issues for action arising from
the EPG recommendations;

--To identify, assess and recommend means by which the Forum
may assist Fiji to implement the EPG's recommendations,
including the areas of assistance noted in the outcomes of
the Forum Foreign Affairs Ministers' Meeting;

--To oversee the provision of such assistance and monitor its
progress;

--To discuss any other matters pertinent to the decisions of
Forum Foreign Affairs Ministers and Leaders on the Fiji
situation.


11. (SBU) The Working Group also agreed that an independent
assessment should be undertaken to the minimum reasonable
time required to prepare for and conduct the next
parliamentary elections in Fiji. The study will assess
whether an election can be held based on the current
boundaries and register or whether a census, and new
registers are needed. The study will assess the timeframe in
which Fiji would conduct a census, revise boundaries, prepare
a register of voters, etc. The study will also assess the
need for additional resources to complete these tasks in a
minimum practicable time. The Forum Secretary will arrange
this study, seek funding and provide administrative support.
The study is set to commence by the beginning of May, to be
completed by mid-June.





DINGER