Identifier
Created
Classification
Origin
07SUVA46
2007-01-21 22:18:00
CONFIDENTIAL
Embassy Suva
Cable title:  

FIJI UPDATE 1/22/07: PRESIDENT ISSUES IMMUNITY

Tags:  PREL MARR PHUM PINR ASEC FJ NZ 
pdf how-to read a cable
VZCZCXRO3987
PP RUEHPB
DE RUEHSV #0046/01 0212218
ZNY CCCCC ZZH
P 212218Z JAN 07
FM AMEMBASSY SUVA
TO RUEHC/SECSTATE WASHDC PRIORITY 3681
INFO RUEHBY/AMEMBASSY CANBERRA 1521
RUEHPB/AMEMBASSY PORT MORESBY 1105
RUEHWL/AMEMBASSY WELLINGTON 1299
RUEHNZ/AMCONSUL AUCKLAND 0317
RUEHDN/AMCONSUL SYDNEY 0725
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 000046 

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/22/2017
TAGS: PREL MARR PHUM PINR ASEC FJ NZ
SUBJECT: FIJI UPDATE 1/22/07: PRESIDENT ISSUES IMMUNITY
DECREE; DUST-UP WITH NEW ZEALAND; CEO TERMINATIONS; ALLEGED
PLOTS AGAINST INTERIM GOVERNMENT; QARASE SEEKS CONTINUED
USG SANCTIONS

REF: SUVA 43

Classified By: Ambassador Dinger, per 1.5 (B) and (D).

Summary
-------
C O N F I D E N T I A L SECTION 01 OF 03 SUVA 000046

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/22/2017
TAGS: PREL MARR PHUM PINR ASEC FJ NZ
SUBJECT: FIJI UPDATE 1/22/07: PRESIDENT ISSUES IMMUNITY
DECREE; DUST-UP WITH NEW ZEALAND; CEO TERMINATIONS; ALLEGED
PLOTS AGAINST INTERIM GOVERNMENT; QARASE SEEKS CONTINUED
USG SANCTIONS

REF: SUVA 43

Classified By: Ambassador Dinger, per 1.5 (B) and (D).

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

1. (C) President Iloilo has issued a broad immunity decree
for the military and others involved in the coup. The Fiji
Law Society and others say the decree is unconstitutional.
Bainimarama has reacted angrily to Aussie and Kiwi visa
restrictions on members of his government and is threatening
"retaliation." Bainimarama has announced a "concerted
effort" to protect human rights. Navy Commander Kean is
charged with murder and is jailed pending trial. All 23 CEOs
were terminated as part of a restructuring of the civil
service. Four, including Commander Bainimarama's brother,
have been re-hired as "advisors." We continue to hear
reports of unrest bubbling beneath the surface, including an
ethnic-Fijian plot against the interim government. Chief
Justice Fatiaki sees the state of play in the judiciary as
"surreal." Deposed PM Qarase phoned to thank the USG for
continuing to support democracy. He urged international
sanctions to continue. End summary.

Broad Immunity Decree Issued
--------------

2. (SBU) Attorney General Khaiyum announced on January 19
that President Iloilo has granted all military personnel, all
members of the police force and prison service, and all other
persons acting under their orders "full and unconditional
immunity from all criminal or civil or legal or military
disciplinary or professional proceedings or consequences."
The immunity reportedly covers acts committed prior to the
December 5 coup and until January 5, 2007, when Bainimarama
transferred "executive authority" back to Iloilo. The Fiji
Law Society and some NGOs said the President has no powers to
grant such immunity under the 1997 constitution. We have not
yet seen the actual decree, which apparently will be gazetted
tomorrow but dated January 18.


Dust-Up With New Zealand Over Visa Ban
--------------

3. (U) Bainimarama issued an angry statement January 19 in
response to New Zealand's decision to ban the new CEO in the
Prime Minister's Office, Parmesh Chand, from traveling to New
Zealand to visit his family. Bainimarama said, "My
government announces that should Australia and New Zealand
continue to frustrate this administration, Fiji will consider
retaliatory measures." He specifically referred to
Australian and New Zealand exports to Fiji and to work
permits for expats from those countries. NZ Foreign Minister
Winston Peters called Bainimarama's statement "stupid." NZ
Prime Minister Clark reiterated that New Zealand will only
review travel sanctions imposed on members of the interim
administration and their families after Fiji has made
adequate moves to restore a democratically elected government.


4. (U) On Jan. 22, Bainimarama responded by appealing for
Australia and New Zealand not to be "big bullies." He argued
that senior civil servants, mere administrators, should not
be penalized for helping to steer the nation forward. He
said Fiji will try diplomacy. The interim Minister of
Foreign Affairs will call in the New Zealand High
Commissioner to brief him on progress taking place "on almost
all fronts." But Bainimarama said he "will tolerate no one
who frustrates our effort." If diplomacy doesn't work, there
will be "no option but retaliatory measures." He said Fiji
continues to have good relations with Pacific and several
Asian countries.

"Concerted effort" on human-rights front
--------------

5. (C) Bainimarama announced to the media today a "concerted
effort" by the interim government to ensure protection of
human rights. He said questioning of people at the military
camp has always been a last resort. (Comment: That has
certainly not been the case.) Bainimarama said he will
invite all the NGOs to attend the cabinet meeting next
Tuesday to brief on the way forward and to reiterate the
interim government's human-rights emphasis.

Navy Commander Charged With Murder
--------------

SUVA 00000046 002 OF 003



6. (SBU) Commander of the Navy Francis Kean, Bainimarama's
brother-in-law, was charged with murder January 19, in
connection with the death December 30 of John Whippy at the
Suva Yacht Club. The incident followed the wedding reception
of Bainimarama's daughter. Kean's lawyer requested that Kean
be placed in the custody of the military, stating that Kean's
life might be in danger if he was jailed at Korovou prison,
where several soldiers involved in the 2000 mutiny are
reportedly imprisoned. The judge did not buy that argument,
reportedly stating, "Since when did the military become a
remand center?" He ordered Kean jailed until his hearing
February 2. Lt. Commander James Fisher will reportedly be
acting Naval Commander in Kean's absence. The previous
Deputy Naval Commander resigned his commission over the coup.

CEO's Terminated - Welcome to Reapply for PermSec Jobs
-------------- --------------

7. (SBU) All CEOs received termination letters January 19
as part of a restructuring wherein the CEO system implemented
by the SDL government will be replaced by the earlier system
of Permanent Secretaries. Interim Minister for Public
Service Poseci Bune said the 16 new Permanent Secretary
positions (there were 23 CEOs) would be advertised by next
week and that the CEOs are welcome to apply. Four CEOs have
reportedly already been re-employed under the title of
"advisor." They include Parmesh Chand in the PM's office,
Acting CEO of Finance Aisake Taito, Ministry of Education CEO
Alumita Taganesia and the CEO for Fijian Affairs, Ratu Meli
Bainimarama, the Commodore's older brother.


8. (C) One now-terminated CEO told us over the weekend that
the CEO contract system implemented by the Qarase government
had not worked well. It was far too inflexible to respond
adequately to major shifts in ministerial numbers and
portfolios, as happened after the May 2006 elections. The
former CEO, who may reapply for her old position, this time
as Permanent Secretary, asked the Ambassador if the U.S. will
be paralleling Australia and New Zealand by imposing visa
sanctions on senior civil servants who take important roles
that support the interim government (septel).

Head of New Anti-Corruption Commission
--------------

9. (C) Contacts tell us that the head of the interim
government's new anti-corruption commission, Sakove
Naqiulevu, had a less than stellar tenure as Fiji's Chief
Magistrate in the late 1990s. We are told Naqiulevu earned
a reputation as being "less than efficient" and was replaced.
More recently he has been a Justice in the Solomon Islands
court system.

CJ Fatiaki Speaks
--------------

10. (C) In an interview in the January 22 Fiji Times, Chief
Justice Fatiaki vehemently denied rendering any legal
assistance to the interim military regime that was set up
after the 2000 coup. The interim-government announcements
concerning Fatiaki's suspension as CJ have referred to issues
dating back to 2000. Justices Gates and Shameem, who
apparently orchestrated Fatiaki's recent suspension, with
Gates then becoming Acting CJ, have long alleged in private
conversations that Fatiaki demeaned the independence of the
judiciary by providing legal advice to Bainimarama and
then-President Mara about how to remove PM Chaudhry at a time
when Chaudhry was being held incommunicado by the Speight
coup participants. In a conversation with the Ambassador
last weekend, Fatiaki repeated his flat denial of ever
providing such advice to Bainimarama, though he seemingly
acknowledged providing advice to President Mara when asked.
Fatiaki observed: "What I did then pales in comparison" to
the assistance Nazhat Shameem and Anthony Gates have given
Bainimarama this time around. Fatiaki described the current
situation as "surreal." He expressed frustration at being
banned by the PM's office from traveling to conferences
abroad.

Plot Against Interim Government?
--------------

11. (C) A well-placed ethnic-Fijian contact reconfirmed to
us that considerable rage is building beneath the surface in
the Fijian community. That rage increased with the
announcement of Chaudhry's inclusion in the interim cabinet.
The coup is not settled, as reflected in the continuation of

SUVA 00000046 003 OF 003


armed military check points in Suva and other strategic
locations. (Note: the RFMF announced on Jan. 22 that check
points will be removed during the day when school starts
tomorrow, though they will be resumed each night. Asked the
need, the RFMF spokesman said a "security assessment
requires" the check points to continue.) Our Fijian source
recently happened into a meeting of well-known senior
associates of Qarase where plotting against the interim
government was taking place. The source speculated that
actions against the military regime may start well away from
Suva, where military might is concentrated. A possible venue
is Vanua Levu, Fiji's second largest island, and a
nationalist stronghold. The source noted that former PM
Rabuka, past successful coup plotter, spent several weeks
over the holidays at his farm on Vanua Levu.

Qarase Phone Call: Keep Up Sanctions Please
--------------

12. (SBU) Deposed PM Qarase phoned the Ambassador on Jan. 22
to "offer thanks for your and your government's support for
democracy." Qarase inquired about U.S. sanctions and noted
that visa sanctions such as Australia and New Zealand have
imposed, and the U.S. has signaled, are "good." Such
measures increase pressure on Bainimarama and his interim
government to return to democracy ASAP. Qarase said he would
be phoning Pacific Island Forum (PIF) Secretary General Urwin
to urge the PIF to impose travel sanctions, too. Qarase
expressed disappointment that Melanesian Spearhead Group
Ministers appeared to accept Fiji's interim arrangement at
their meeting last week in Honiara.

Qarase Still Intends a Return to Suva
--------------

13. (SBU) Qarase said very much wants to meet with the PIF's
Eminent Persons Group (EPG) next week, either in Suva or, if
necessary, in Lau. Qarase said his health is good, and he
definitely intends to return to Suva "early" to look for a
job or, if nothing is possible, return to Lau to retire. He
said an advantage of being in Lau is that he has been able to
maintain access to international and local media. While
local media seemed to be self-censoring for a while, Qarase
has sensed a "more relaxed" atmosphere recently.

Comment
--------------

14. (C) The ethnic-Fijian plot information appears to be
more than rumor, though there are no visible signs of it,
other than the military check points which indicate continued
Army nervousness. The reported plotters are significant
players in the Fijian community who certainly have contacts
and funds. Starting activity on Vanua Levu would be logical.
The RFMF complement there is rather light, and nationalists
from there contributed heavily to Speight's coup in 2000.
Still, confronting the well-armed RFMF would be a challenge.
Interestingly, Commodore Bainimarama paid an official visit
to troops and government officials in Vanua Levu last week.
DINGER