FIJI: COURT CASES; PEOPLE'S CHARTER;

C O N F I D E N T I A L SECTION 01 OF 02 SUVA 000526 SIPDIS SIPDIS E.O. 12958: DECL: 11/08/2017 TAGS: PREL PGOV MARR PHUM FJ SUBJECT: FIJI: COURT CASES; PEOPLE'S CHARTER; PUBLIC-SERVICE AUSTERITY REF: A. SUVA 523 ¶B. SUVA 522 ¶C. SUVA 501 Classified By: Amb. Dinger. Sec. 1.4 (B,D). Summary -------------- ¶1. (C) A Republic of Fiji Military Forces (RFMF) soldier has been charged in the Verebasaga beating death last January. He was immediately released on bail. Eleven suspects have now been charged in last weekend's "assassination plot" case. Those suspects' request to be released on bail was denied, reportedly due to intense pressure from the military and police to keep them detained. Interim PM Bainimarama sent us a letter seeking up to US$2.6 million to help fund the People's Charter. We describe a number of complexities of that process, which is pre-cooked, aims for a referendum that at this point would not likely receive public support, and appears intended to supersede key portions of the Constitution. Bainimarama has signaled publicly that, contrary to his earlier edict, members of the interim cabinet may be able to run in the next election, so long as they resign soon. Some see this as a prelude to a cabinet shake-up. The Public Services Commission is imposing draconian measures intended to reduce civil-service numbers and IG budget outlays. That presumably reflects a serious IG fiscal gap, though the civil service is bloated and certainly needs trimming in any case. End summary. Soldier charged in January beating death -------------- ¶2. (C) Media report that on Nov. 8 an RFMF soldier, Maika Vuniwawa, appeared in Nausori magistrate court charged with the beating death of Nimilote Verebasaga last January. The court appearance was not easily achieved. We are told authorities attempted multiple times to serve the soldier with court papers, only to be rebuffed by the military. When the soldier finally was served, appeared in court, and was released on F$1000 bail, the military whisked him away. Update on assassination plot -------------- ¶3. (C) On Nov. 7, 10 persons were formally charged with inciting two RFMF soldiers to mutiny and conspiring to assassinate five persons including Bainimarama. Another was charged on Nov. 8. Behind the scenes, ODPP prosecutors report they have seen very little hard evidence as yet to back the charges. A senior police official informed the media Nov. 7 that some bullets were found during a search of the home of one suspect. The official refused to provide details, other than denying any weapons were found. Lawyers for all 11 made arguments for bail. We hear the Office of the Director of Public Prosecutions (ODPP) believed bail would ordinarily be granted, given the circumstances revealed. However, military and police authorities insisted that all suspects remain behind bars, and a prosecutor made the case. In late afternoon, a magistrate denied all bail requests. The magistrate did authorize several of the accused, who have obvious facial injuries, to see an independent MD. The New Zealand High Commission has reportedly gained daily access to the two Kiwi citizens implicated. One has been charged. The other, Ballu Khan, reportedly is to be released from hospital shortly. The People's Charter - issues abound -------------- ¶4. (C) The Ambassador received a letter from interim PM Bainimarama on Nov. 7 seeking help to fund the People's Charter exercise. Total cost is estimated at US$2.612 million. (We have e-mailed the letter to EAP/ANP.) The RFMF sees the People's Charter as its "exit strategy" from direct control of government. The intention is to conclude a consultative process by mid-2008 and then to undertake a national referendum in October 2008, with the outcome establishing binding guidance for all succeeding governments of Fiji, including whatever government wins elections now being planned for March 2009. It is becoming increasingly clear that the interim government (IG) will decree that the referendum, in effect, amends the 1997 Constitution as necessary to achieve People's Charter goals. -- open-ended? or pre-cooked? -------------- ¶5. (C) A number of aspects of the above strategy are of SUVA 00000526 002 OF 002 interest. While the IG professes with great sincerity that the People's Charter is not pre-cooked and is to be extremely inclusive, Bainimarama and PM PermSec Chand have made a series of public pronouncements that leave no doubt they already know the outcome. The IG is still attempting to put together the 40-member committee from government (14) and civil society (26) that is to oversee six separate working groups to compile the final product. Deposed PM Qarase's SDL Party and the Methodist Church have signaled they will not participate, though Chand says seats on the committee will be left vacant for them. There is little doubt Bainimarama, co-chair with Catholic Archbishop Mataca, will ensure he holds definitive reins. -- public support in referendum? -------------- ¶6. (C) Aside from controlling the deliberative process, the IG is presuming the People's Charter product will receive a ringing endorsement in the October 2008 referendum. If such an IG referendum were to take place today, in the midst of political uncertainty, economic contraction, and IG attacks on traditional Fijian institutions, almost certainly a majority of the public would vote against. It will be worth keeping a close eye on the lead-up to any referendum and the conduct of same to see if processes are being manipulated to achieve the desired result. -- disconnect with Constitution -------------- ¶7. (C) The IG has consistently trumpeted that the 1997 Constitution remains in force, though it has ignored some inconvenient provisions, like the vital role of Parliament in passing legislation. The Constitution clearly describes the amendment process; and it entrenches certain provisions, particularly those related to communal voting and Fijian land rights, making amendment of those provisions especially difficult. The Constitution makes no provision for referenda at all. Thus, if the IG intends a referendum to amend the Constitution, including entrenched provisions, and to bind elected governments into the future, the courts in normal times would surely judge such an effort unconstitutional. Interim Ministers and the next election -------------- ¶8. (C) When interim Finance Minister Chaudhry met with EAP PDAS Davies in Washington last month, Chaudhry reported that Bainimarama has agreed to allow interim ministers to run in the next election, so long as the ministers resign at least six months beforehand. Last December, Bainimarama had stated categorically that all interim ministers had accepted his edict not to run in the next general election, whenever that might be. We are told that, at the time, Bainimarama guaranteed the IG would be in place for at least five years. With Bainimarama now having committed to Pacific Islands Forum leaders to hold elections in March 2009, he is publicly retreating from his edict. He told the media Nov. 3 interim ministers will have to resign within the "next few months" if they wish to run for Parliament. The leader of the National Federation Party (NFP) suggested Bainimarama is "trying to get rid of some of his flock in Cabinet," in particular the NFP's arch-enemy Chaudhry. As previously reported, we have heard reports Bainimarama may want to jettison Chaudhry and a couple of others in an interim-Cabinet reshuffle. Fiscal crunch time -------------- ¶9. (C) On Nov. 1, the Public Services Commission (PSC) announced it is imposing, effective immediately, a 10% cut in operating budgets across the board for all ministries and departments. The interim government (IG) had announced such a 10% cut months ago and apparently just assumed ministries and departments would salute. That didn't happen. Thus, the PSC has imposed a freeze on creating new positions and on filling any positions that are vacant or become so. The draconian measures reflect a serious funding shortfall, though they also respond to the reality that by any independent measure Fiji's public service is far larger than it needs to be. Elected governments hesitated to impose big cuts; the IG is acting. The new policies come just a few weeks before Chaudhry announces the 2008 budget. Public-sector labor unions are pondering their response. DINGER