FIJI UPDATE, JULY 19, 2007: INTERIM GOVERNMENT

C O N F I D E N T I A L SECTION 01 OF 02 SUVA 000359

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/19/2017
TAGS: PGOV PREL MARR ASEC FJ
SUBJECT: FIJI UPDATE, JULY 19, 2007: INTERIM GOVERNMENT
RELENTS ON TRAVEL BANS; FATIAKI TRIBUNAL DELAYED; ANOTHER
BLOW AGAINST HUMAN RIGHTS; FICAC FLEXES MUSCLES

REF: SUVA 354

Classified By: DCM Ted Mann, per 1.4 (B,D)

Summary
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1. (SBU) After two days of bad press, the interim
government removed travel bans it had placed on prominent IG
critics Graham Leung and Shamima Ali. President Iloilo
"rejected" names put forward to sit on a tribunal to look at
IG allegations against suspended Chief Justice Fatiaki and
gave the IG 60 more days to come up with new names. The Fiji
Law Society called the move a delaying tactic and asked for
the immediate reinstatement of Fatiaki. In a move that may
be related to the Fatiaki case , the IG announced it was
removing the CEO of the Fiji Islands Revenue and Customs
Authority (FIRCA) for his refusal to cooperate with the Fiji
Independent Commission Against Corruption.(FICAC).
Television news reported that the CEO had refused to turn
over Fatiaki's tax files. The IG is preparing for a possible
strike by nurses next week. End summary.

Travel Bans Imposed, Then Relaxed
--------------

2. (SBU) Prominent IG critics Graham Leung and Shamima Ali
were stopped from leaving Fiji on July 15 and 16,
respectively. Both protested very publicly to the media.
Leung was well aware he was subject to a travel ban and
brought supporters to the airport to protest the expected
refusal of Fiji Immigration to let him depart. He told
reporters his treatment "is shocking and demonstrates that if
you speak up for justice your will get penalized." Ali said
she had no idea she was any travel ban list. According to
Ali, Immigration officials showed her a letter they only
received a few hours before her planned departure adding her
name to the list. Reportedly, the letter came from the
Permanent Secretary of the Prime Minister's Office, Parmesh
Chand. Chand publicly denied writing any such letter. Both
Leung and Ali said they would seek to have their travel ban's
overturned through the courts.


3. (SBU) Interim PM Bainimarama added fuel to the fire the
morning of July 17 by blasting Leung, saying Leung's trip to
the airport was a "publicity stunt", and that he had been
misleading international audiences about the real situation
in Fiji. Leung "can go to court if he wanted, or he could
stowaway...He is not going anywhere."


4. (SBU) Perhaps stung by the bad press engendered by the
travel bans, including a blistering editorial in the July 17
Fiji Times, the IG suddenly reversed course and revoked the
bans late July 17. Leung and Ali both received phone calls
from the Director of Immigration, followed by a faxed letter,
stating they were free to travel out of the country. Both
Leung and Ali said they intend to continue pursuing the
matter in the courts.

No Pressure for Shameem Appt: "I Swear to God"
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5. (SBU) In a statement July 18, Constitutional Office
Commission Chairman Rishi Ram said he is willing "to swear on
the Bible, Koran, Gita, or any holy book" to prove there was
no external pressure to appoint coup-supporter Shaista
Shameem Ombudsman and Chair of the Fiji Human Rights
Commission (FHRC). Ram's comments were made in response to
criticism from former opposition leader Mick Beddoes, who
said Shameem's appointment to a position that demands
impartiality and objectivity was clearly inappropriate. FHRC
Commissioner Shamima Ali said she did not recognize Shameem's
appointment and called it unconstitutional. Beddoes said he
expected Shameem to remove Ali from her position at the FHRC,
thus removing the Commission's last strands of credibility.

Fatiaki Tribunal Delayed
--------------
6 (SBU) In what was clearly a delaying tactic, interim AG
Aiyez-Khaiyum reported that President Iloilo had "rejected"
the names put forward for the tribunal to review allegations
against suspended Chief Justice Fatiaki. The President gave
the IG 60 days to come up with more suitable names. None of
the names purportedly presented to Iloilo were released. The
Fiji Law Society immediately called for Fatiaki's
reinstatement, saying that the IG clearly had no basis to
suspend the CG in the first place.

FICAC Turns the Heat Up on FIRCA
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SUVA 00000359 002 OF 002



7. (C) In an action that may be related to the IG's attempt
to dig up dirt on Fatiaki, the Acting Minister of Finance
announced July 16 that the interim cabinet had decided to ask
Tevita Banuva, the CEO of the Fiji Islands Revenue and
Customs Authority (FIRCA),to resign, citing
"non-cooperation" with the Fiji Independent Commission
Against Corruption (FICAC). Earlier that day Banuva had told
the Australian High Commissioner that he "was under great
pressure" from FICAC, but that he was carrying out his job in
accord with the relevant statutes governing FIRCA. The July
17 Fiji One television news reported that the interim
cabinet's action against Banuva stemmed from his refusal to
turn over the tax documents of suspended CJ Fatiaki. In the
same news broadcast, new FICAC head (and military officer)
George Langman told a reporter that if an organization didn't
cooperate with FICAC, FICAC would naturally turn its
attention to that organization. In response to a question
about legislation governing the release of FIRCA records,
Langman said the FICAC legislation superseded other laws and
regulations. FICAC personnel entered FIRCA Headquarters July

16. According to some news reports, tax records were removed
under a court order. Other reports said FICAC did not find
what it was looking for.


8. (U) As of July 19, Banuva is on leave, but remains FIRCA
CEO. FIRCA Board Chairman Filipe Bole said FIRCA is waiting
for a written directive from the interim Finance Minister.
The FIRCA staff association is standing behind Banuva, and
has called his proposed removal "ridiculous."

IG Prepares for Possible Strikes
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9. (U) The new Police Commissioner, Commodore Teleni,
briefed the interim cabinet July 18 on contingency plans in
case of a strike by nurses July 23 and by other unions August

2. Non-union and student nurses will be used as staff in the
Labasa, Lautoka and Suva hospitals. The IG also announced
that civil servants not at work for more than seven days
without prior approval would be liable for termination.







DINGER