FIJI UPDATE 1/26/07: BAINIMARAMA BACKS OFF

C O N F I D E N T I A L SECTION 01 OF 02 SUVA 000068

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/26/2017
TAGS: PREL PGOV MARR PHUM PINR ASEC FJ
SUBJECT: FIJI UPDATE 1/26/07: BAINIMARAMA BACKS OFF
RETALIATION THREATS; ACTIVISTS STILL ON THE RUN; FIJI'S
HUMAN RIGHTS BODY FIGHTS FOR MILITARY LAWYERS

REF: SUVA 059 AND PREVIOUS

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


Summary
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1. (C) Fiji Interim PM Bainimarama backed off of his threats
to retaliate against Australia and New Zealand for visa bans
those countries have imposed on senior interim government
officials. He said the interim government welcomes
international trade and investment and will not interfere
with legitimate foreign business interests in Fiji. Two
democracy advocates apparently remain on the run from the
military; the former National Director of the SDL party was
detained at the military barracks overnight. The Fiji Human
Rights Commission is seeking court action against the Fiji
Law Society for suspending two military lawyers. The
Commission's Director, Shaista Shameem, also blasted New
Zealand for refusing to allow entry of a senior Fiji civil
servant. She had no comment when asked about the travel bans
imposed by the interim government on PM Qarase and others.
End summary.

Bainimarama Says No Retaliation
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2. (U) Backing off on statements he issued earlier in the
week, Commodore Bainimarama said Fiji would not impose trade
sanctions or expel expatriates in response to the visa bans
imposed by Australia and New Zealand on members of the
interim government. He said the government will ensure that
investment, trade and private sector development continue
unrestricted. Steps intended to rid Fiji of corruption,
waste and mismanagement, he continued, are part of that
effort. Bainimarama appealed to the international community
to "not frustrate our efforts in rebuilding Fiji" and said
that "it is difficult for my government to understand the
rationale for imposing travel bans on senior government
officials who act on political directions given to them."
Bainimarama closed by restating his commitment not to
interfere with legitimate foreign business interests in Fiji.


3. (C) Interim Secretary for Foreign Affairs Isikeli
Mataitoga told the Ambassador 1/26 (septel) that Bainimarama
made the above statement at his urging in order to reassure
prospective foreign investors. While Fiji may be upset at
the travel restrictions imposed by Australia and New Zealand,
the reality is that the bulk of Fiji's trade will always be
with those two countries, so choking off investment from them
is not an option.

Activists On the Run; One May be Looking for Asylum
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4. (C) Two well-known NGO activists remain on the run from
the military. Angie Heffernan, head of the Pacific Center
for Public Integrity, told us 1/26 that her lawyers have not
yet finished drawing up papers needed for her to file an
injunction with the High Court, seeking to bar the military
from bringing her in for questioning. Heffernan talked to
Attorney General Khaiyum, but he was unable to give
assurances that if she surrenders to the police she would not
be turned over to the military. Heffernan, therefore,
remains in hiding. She hopes to file for an injunction
Monday, after which she would turn herself over to the
police.


5. (C) Laisa Digitaki, one the six activists assaulted by
the military Christmas Day, told reporters this morning that
she is "under UN protection." The UNDP representative in
Fiji told us that is not the case. The UN has not, and
cannot, offer Digitaki "protection" from the authorities.
The UNDP rep said Digitaki recently talked to UNHCR in Geneva
about UN "principles of protection" from human rights abuses.
She has apparently determined that those principles apply to
her. She has not asked any UN office in Suva for sanctuary.
However, a contact at the EU Mission in Suva told us Digitaki
had approached the Mission about "hiding" her from the RFMF.
The RFMF said 1/25 that it is looking for the two activists
because their statements against the military and interim
government had been "inciteful." News reports indicate that
former SDL National Director Jale Baba was taken to the Queen
Elizabeth Barracks 1/25 for questioning. He spent the night
in military custody.


SUVA 00000068 002 OF 002


UN Hosts an NGO Workshop and Almost Nobody Comes
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6. (C) The UNDP held a long-planned NGO workshop on human
rights in Suva 1/26. Almost nobody showed up. Representatives
of the Fiji Women's Rights Movement were meeting with the
military, apparently voluntarily. Angie Heffernan is on the
run and her organization temporarily closed down. The Fiji
Human Rights Commission (FHRC) boycotted the meeting because
UNDP had refused FHRC Director Shaista Shameem's request to
facilitate the meeting.

Human Rights Commission Makes its Priorities Clear
-------------- --------------

7. (C) The FHRC announced it is seeking a court order to
lift the Fiji Law Society's suspension of two military
lawyers. The FHRC said the suspension breached the lawyers'
rights for a fair hearing; it said they had been subject to
"an unfair dismissal." This approach contrasts with plaudits
FHRC Director Shameem showered on the military government
late last year for its summary dismissal of a number of heads
of government companies as part of its "clean-up" campaign.
Shameem also took on the New Zealand government this week,
saying its refusal to allow senior civil servant Parmesh
Chand to travel to New Zealand was a denial of basic human
rights. When a reporter asked if Shameem shared the same
view in regard to travel bans the military has placed on PM
Qarase (in "internal exile" in Lau) and a number of
dissidents, she had no comment. Finally, Shameem opposed
plans announced by the interim government to lower the
retirement age to 55, saying that would be in clear violation
of workers' constitutional right against age discrimination.
Shameem is reportedly traveling to India next week to attend
an international human rights conference. The conference is
to commemorate the centenary of Mahatma Ghandi's Satyagraha
Movement.

"Clean Up" Starts At National Provident Fund
--------------

8. (U) Bainimarama announced 1/25 that the CEO of the Fiji
National Provident Fund, Olota Rokovuniwsei, and his Deputy,
Foana Nemani, have been placed on leave in order for the
government to conduct a thorough review of the FNPF's
operations. Bainimarama said he is concerned about FNPF
salaries and the management of FNPF funds. The FNPF is
Fiji's social security system for retired workers. Its funds
come from mandatory contributions of workers and employers,
and much of its investment is in Fiji Government securities.

DINGER