FIJI UPDATE 1/4/07: BAINIMARAMA RETURNS EXECUTIVE

C O N F I D E N T I A L SECTION 01 OF 03 SUVA 000005

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/04/2017
TAGS: PREL MARR PHUM CASC ASEC FJ
SUBJECT: FIJI UPDATE 1/4/07: BAINIMARAMA RETURNS EXECUTIVE
AUTHORITY TO PRESIDENT, WHO ENDORSES ALL RFMF ACTIONS;
BAINIMARAMA SEEKS USG "CLEAN UP" ASSISTANCE; FIJI HR
DIRECTOR ISSUES STARTLING REPORT

REF: SUVA 002 (AND PREVIOUS)

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

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

1. (C) Republic of Fiji Military Forces (RFMF) Commander
Bainimarama told the nation on Jan. 4 that he has returned
executive authority to President Iloilo. Iloilo then
publicly endorsed all RFMF actions and said he will appoint
an interim government shortly, with a broad mandate to
improve Fiji and provide immunity to the RFMF. Bainimarama
and Iloilo both called for the international community to be
supportive. Bainimarama announced a few more personnel
actions before returning power. We received a letter from
him requesting USG help to "clean up" corruption. (We seek
guidance.) Shaista Shameem, Director of the Fiji Human
Rights Commission has issued a report criticizing the Qarase
Government for "massive human rights violations," chastising
the international community, suggesting Bainimarama's coup
has a legal basis, and downplaying RFMF human rights
violations during the coup period. We hear Bainimarama's
brother-in-law will be indicted for murder. In comment, we
note that any interim government will be illegal under Fiji's
constitution, and we discuss rumors about Shameem's
relationship with the RFMF. End summary.

Return of executive authority to the President
-------------- -

2. (U) Commodore Bainimarama spoke to the nation by radio on
Jan. 4, announcing that he has returned all executive
authority to President Iloilo, effective immediately.
Bainimarama said Iloilo has been "tremendously supportive of
our actions," and he will exercise his power with resolve.
Bainimarama also announced that Acting PM Senilagakali
submitted his resignation this morning. Much of the rest of
Bainimarama's speech was a rehash of previously stated
explanations for why the coup was necessary for the good of
Fiji and for the RFMF. He suggested that, at the time he
acted, Fiji was in a "state of limbo." He concluded by
appealing to the international community to work with Fiji
into the future.

President Iloilo endorses all RFMF actions
--------------

3. (U) In a 4 p.m. address to the nation, President Iloilo
described early December as a "crossroads when hard and
decisive decisions needed to be made." He said "cultural
issues" (yet to be elaborated but presumably related to Vice
President Madraiwiwi) prevented him at the time from
fulfilling his duties. But otherwise he would have done
exactly what Bainimarama did. Those actions were "necessary
and valid in law." Thus, Iloilo said he "fully endorses"
Bainimarama's actions. He thanked the Commodore for stepping
in, and now for handing back all executive powers. Iloilo
said Fiji must move on and initiate steps toward a genuine
democracy. He appealed to overseas governments to accept the
new reality.

Interim Government shortly
--------------

4. (U) Iloilo said he will appoint an interim government
shortly with a mandate to: uphold the Constitution;
facilitate, as necessary, protection and immunity for the
RFMF; give effect to all actions taken by the RFMF, including
government personnel changes; steady the economy; improve
living standards; restructure the Native Lands Trust Board;
create an anti-corruption unit; improve relations with the
international community; move to elections after appropriate
systems are in place and political and economic conditions
are conducive; and establish a code of conduct.

More changes in senior positions
--------------

5. (C) Late on Jan. 3, Bainimarama announced two changes
within the RFMF. Capt. (Navy) Esala Teleni, who has been
Chief of Staff, will now be Deputy Commander. That role was
established earlier this year, seemingly to provide a role
for BGen. Naivalurua when he returned from deployment with
UNAMI in Iraq. When Naivalurua evidenced unwillingness to
back the coup, Bainimarama transferred him to be head of
Prisons. Bainimarama also announced that Col. Apakuki
Kurusiga will take over the Territorial (reserve) forces,

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replacing Col. Henry Manulevu, who is being reduced to the
rank of reserve Major. We heard in late November that
Manulevu was not prepared to participate in a coup.
Yesterday's announcement signals he did decline and has been
shunted aside.


6. (C) In the Jan. 4 speech, Bainimarama appointed Hector
Hatch to be Chairman of the Public Service Commission, tasked
to streamline the civil service. Hatch replaces Stewart
Huggett, whom Bainimarama fired early on. Bainimarama also
announced he has terminated Navi Naisoro as Chairman of Fiji
Pine, Ltd. Naisoro is one of the two SDL Party officials
shown on video with conman Peter Foster allegedly discussing
electoral irregularities (see ref). Naisoro subsequently
denied making the alleged statements. While there have long
been allegations that Naisoro is thoroughly corrupt,
including regarding the timber industry, we expect the reason
Bainimarama fired him was his denial of the video's
authenticity.

Bainimarama seeks USG "clean up" assistance
--------------

7. (U) The Ambassador received today a letter from "Acting
President" Bainimarama dated Dec. 30. Bainimarama notes "the
deep concerns" the U.S. has expressed about RFMF actions,
seeks "patience and understanding with regards to the reasons
behind the move," says governmental corruption was one of the
compelling reasons, and asks for USG assistance for the
"clean up" campaign. In particular, Bainimarama seeks:
forensic accounting experts to examine corruption evidence;
advice for setting up an anti-corruption commission; and
assistance to both uncover new cases of corruption and put in
place measures to eradicate the problem. We have faxed a
copy of the letter to EAP/ANP.

Fiji HR Commission Director's startling report
-------------- -

8. (C) Shaista Shameem, Director of the Fiji Human Rights
Commission, has published a 32-page report on Fiji's
political trauma. Shameem has been under attack by
human-rights NGOs and by one of the FHRC Commissioners for
bias in favor of the RFMF. The report confirms the bias,
though its intent was presumably the opposite. Shameem
accepts the RFMF's legal justifications for the 2006 coup as
plausible; claims human rights protesters were "deliberately
antagonizing the military;" decries the Qarase Government's
failings at great length, including by alleging "massive
violations of human rights;" argues that neither the 2001 nor
2006 general elections were legal; blames Australia, New
Zealand, and "possibly other embassies" for "taking a
populist view" and "facilitating or encouraging a
passive/aggressive resistance campaign;" and charges some
local NGOs with going down a "slippery immoral path."


9. (U) Shameem acknowledges that the "ideal form" of
government is democracy; however, "we may need other
provisions to consolidate the idea of real democracy in our
times, rather than an outdated 20th century model which gets
increasingly more remote as the voting process becomes more
mathematical and positivist." She suggests that "the Qarase
Government relied on majoritarianism, and collaboration with
some powerful members of the international community
including close neighbors as well as some NGOs, to shield its
extensive human rights violations in Fiji from scrutiny."
Shameem suggests that "a State that can effectively and
forcefully protect its people, not only from armed invasion,
but also from unsavory practices from within, is actually
quite a rarity in the modern world and should not be lightly
dismissed as a military dictatorship."

Murder case update
--------------

10. (C) Per reftel, an assailant beat to death the uncle of
the groom during a reception after Bainimarama's daughter's
wedding last weekend. A police source says the assailant was
the head of the Navy, CDR Francis Kean, Bainimarama's
brother-in-law. Kean has reportedly agreed to appear with
his lawyer for initial criminal processing tomorrow.
Reportedly there was a delay because most all the witnesses
to the crime are military, and they initially declined to
respond to police inquiries until authorized by military
lawyers to do so.


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Comment
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11. (C) Today's announcements by Bainimarama and Iloilo
seemingly should mean that the RFMF is returning to the
barracks. However, Bainimarama did not state that, and we
would be surprised if Bainimarama, himself, actually departs
the political arena. The goals he set out for the coup are
nowhere near accomplished. The RFMF has clearly been
deciding who will be named in the interim government, so
presumably the RFMF will continue to control government.
Iloilo's statement today dramatically contradicts the
statement he issued, at Vice President Madraiwiwi's request,
just before the coup. Today's statement obviously was
dictated by the RFMF. That said, it does reflect Iloilo's
long-standing close relationship with the Commodore.


12. (C) A fundamental aspect of the new scenario is that,
even with Iloilo's blessing, an interim government will not
be valid under Fiji's Constitution, according to most all
legal experts. It will be just as illegal as the RFMF
military council. Iloilo's statement that new elections will
take place when proper systems are in place and the political
and economic conditions are conducive suggests that the
interim government may be in place for quite a while.


13. (C) Shaista Shameem's report is amazing. We have heard
from several human-rights activists that Shaista (and
allegedly her sister Nazhat, a High Court judge) have been
behind-the-scenes supporters of the RFMF's recent actions.
Shaista reportedly admitted to FHRC Commissioner Shamima Ali
(protect) a series of "confidential communications" with the
RFMF's chief lawyer Mohammed Aziz. The FHRC report appears
to buttress the allegations.

Action request
--------------

14. (U) Please advise if/how we should respond to the
Bainimarama letter described in para 7. Our inclination is
not to respond at all, since the U.S. has made clear we do
not consider the coup a legitimate endeavor.
DINGER