BAINIMARAMA'S NATIONAL COUNCIL PROPOSES DRAMATIC

C O N F I D E N T I A L SECTION 01 OF 02 SUVA 000145

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/16/2018
TAGS: PGOV PREL PHUM KDEM FJ
SUBJECT: BAINIMARAMA'S NATIONAL COUNCIL PROPOSES DRAMATIC
CHANGES TO FIJI'S ELECTORAL SYSTEM

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


Summary
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1. (SBU) The National Council for Building a Better Fiji
(NCBBF),co-chaired by Interim PM Bainimarama, put forward to
President Iloilo late April 15 a resolution calling for
dramatic changes in Fiji's electoral system. Iloilo will
undoubtedly endorse the resolution. According to the
resolution, a forum involving key stakeholders, including all
political parties, is to take place before the end of May to
discuss steps needed to enact electoral reforms before the
planned 2009 elections. Although the resolution does not
explicitly state what reforms are planned, they are likely to
include abolishing communal seats in Parliament and the
current preferential voting system in favor of an
all-open-seat, proportional system. No details were given on
how the reforms will be enacted, but it appears impossible to
accomplish legally without recalling parliament under the
1997 Constitution. We seek media guidance regarding USG
views and offer possible language in para. 8. End summary.

Special NCBBF Meeting: Election resolution to President
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2. (SBU) A "special" NCBBF (People's Charter process)
meeting was called by Interim PM Bainimarama April 15 to hear
presentations from Fiji's Electoral Commission (EC) and
Constituency Boundaries Commission (CBC) and to discuss
preparations for the planned 2009 national elections. A
communiqu issued by the NCBBF after the meeting said that
both the EC and CBC believe Fiji's current voting system is
undemocratic, does not allow the will of the people to be
expressed, violates the United Nations' Universal Declaration
of Human Rights, and discriminates against women and
minorities. The basic problem, said the communiqu, is that
current elections are not based on a "one vote, one value"
system. (Note: the 1997 Constitution, an openly political
compromise, has 46 "communal" seats (23 Fijian, 19 Indian, 3
General, 1 Rotuman -- reflecting the ethnic ratios from a
1996 census); and 25 "open" seats. Voters cast two ballots
-- one communal, one open; and votes are distributed and
redistributed based on "preferences" until a candidate for a
seat achieves 50% plus 1, an Australian-based concept.)


3. (C) The two commissions complained that the use of
communal rolls as part of the current voting system divides
the people of Fiji along ethnic lines and has encouraged
divisive race-based politics and fear mongering by
politicians. The preferential voting system, they said, is
complex and confusing and produces very high rates of invalid
votes. Comment: Those accusations have some validity. A
reality, though, in racially divided Fiji is that any
possible electoral system will encounter politicians playing
the race card, at least until Fiji demographics, which are
tilting rapidly toward the ethnic-Fijians, force those
ethnic-Indian politicians who want to taste a degree of power
to link with ethnic-Fijian parties. End comment.

A forum of all key stakeholders in May?
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4. (SBU) Following the briefings, the NCBBF drafted a
resolution to President Iloilo, stating that:

-- Holding an election under existing laws would amount to
electing a government under undemocratic rules;
-- Any government so elected would lack legitimacy within
Fiji and the international community;
-- Urgent electoral reform is needed; and
-- A package of required changes to the electoral rules
should be put forward as soon as possible to ensure that a
general election is held "as soon as possible in 2009."

The NCBBF called on its working groups to accelerate their
efforts to develop viable options for electoral reform. It
called for a forum to be held in collaboration with the NCBBF
by the end of May to discuss the steps need to reform the
electoral system. The forum, said the resolution, shall
include all key stakeholders, including all political parties
in Fiji. In addition, "Fiji's Pacific Forum development
partners may be invited to join in the discussion."
(Comment: That formulation might include the U.S., though the
meaning is not clear.)

An IG Resolution? No Doubt About It

SUVA 00000145 002 OF 002


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5. (SBU) At a Ministry of Foreign Affairs briefing for
foreign missions and international organizations April 16,
diplomats noted that the communiqu and resolution were
issued under the auspices of the NCBBF, not the Interim
Government. "Are these documents, in fact, the policies of
the Interim Government?" asked one High Commissioner. The
Permanent Secretary of Foreign Affairs did not give a direct
answer, but noted that the Interim Prime Minister is, after
all, the co-chair of the NCBBF. The attending diplomats
requested a further briefing at the earliest possible date to
discuss the interim government's policies regarding the NCBBF
resolution and plans for implementing it should it be
endorsed by the President. (Comment: It surely will be, given
current political realities in Fiji.)

Comment
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6. (C) The interim government (IG) decision to go forward
with changes to Fiji's electoral system is no surprise. Just
yesterday, interim Finance Minister and Labor Party leader
Chaudhry told the press that elections should only be
conducted under a "one man, one vote" system and that no
seats should any longer be allocated along communal lines.
In the 1997 Constitution, the part-communal, part "open seat"
electoral system is entrenched; and the only way to change
those provisions without abrogating the Constitution is by an
overwhelming vote in parliament. However, the IG has
repeatedly "enacted" laws by presidential decree. So it may
well be that a strictly constitutional process is not what
the IG has in mind.


7. (C) It is possible that deposed PM Qarase and his
ethnic-Fijian-dominated SDL Party might consider undertaking
discussions with the IG about an all-open-seat arrangement of
some sort. The 2007 census showed the ethnic-Fijian majority
in the population continuing to increase, now 58%; and, if
electoral boundaries are drawn fairly, presumably the SDL
would win future elections more handily than under the
current system, which was a political compromise in 1997
intended to ensure neither Fijians nor Indians could gain big
enough majorities to absolutely dominate key issues,
including land and cultural issues. It is less clear why
Chaudhry and his ethnic-Indian-dominated FLP Party now see an
all-open-seat arrangement as politically attractive.

Action request
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8. (C) The media are sure to seek the views of the USG and
other interested foreign governments about the IG/NCBBF
proposal. Embassy Suva suggests something like the
following:

-- The United States believes strongly in democracy. We also
acknowledge that nations can develop many different,
acceptable forms of democratic political systems. Because
the electoral system entrenched in Fiji's Constitution was
reached through transparent, exhaustive consultations among
all political groups in Fiji and received unanimous
endorsement by the Fiji Parliament in 1997, the United States
found it acceptable.

-- If the people of Fiji come to prefer some other form of
democratic governance, the United States would have no
objection. The key, though, is that decisions be made
transparently, inclusively, and legally. The Interim
Government and the National Council for Building a Better
Fiji lack such transparency, inclusiveness, and legality.

-- In the end, it is Fiji that must decide its political
system. The U.S. continues to urge the return of rule of law
with a legally elected government. Such a government,
legitimized by the people's votes, can best consider
important issues like possible changes to the electoral
system.
DINGER