Identifier
Created
Classification
Origin
08SUVA89
2008-03-06 14:18:00
CONFIDENTIAL
Embassy Suva
Cable title:  

FIJI - BAINIMARAMA "NO" ON REEVES' DIALOGUE;

Tags:  PREL PGOV CJAN PHUM PINR MARR FJ 
pdf how-to read a cable
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ZNY CCCCC ZZH
P 061418Z MAR 08
FM AMEMBASSY SUVA
TO RUEHC/SECSTATE WASHDC PRIORITY 0418
INFO RUEHBY/AMEMBASSY CANBERRA 1968
RUEHLO/AMEMBASSY LONDON 0116
RUEHPB/AMEMBASSY PORT MORESBY 1494
RUEHWL/AMEMBASSY WELLINGTON 0069
RUEHNZ/AMCONSUL AUCKLAND 0609
RUEHDN/AMCONSUL SYDNEY 1027
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 000089 

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/07/2018
TAGS: PREL PGOV CJAN PHUM PINR MARR FJ
SUBJECT: FIJI - BAINIMARAMA "NO" ON REEVES' DIALOGUE;
QARASE COURT CASE; PEOPLE'S CHARTER COMPLICATIONS;
RE-ESTABLISHMENT OF NSC AND FIS; COMMANDER'S INTENT

REF: SUVA 085

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

Summary
-------
C O N F I D E N T I A L SECTION 01 OF 03 SUVA 000089

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/07/2018
TAGS: PREL PGOV CJAN PHUM PINR MARR FJ
SUBJECT: FIJI - BAINIMARAMA "NO" ON REEVES' DIALOGUE;
QARASE COURT CASE; PEOPLE'S CHARTER COMPLICATIONS;
RE-ESTABLISHMENT OF NSC AND FIS; COMMANDER'S INTENT

REF: SUVA 085

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

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

1. (C) Fiji interim Prime Minister Bainimarama has declined a
proposal to meet with deposed PM Qarase and others, under the
auspices of Commonwealth Secretariat envoy Sir Paul Reeves.
Bainimarama said the Military Council objected, but Reeves
reportedly puts the blame on interim Finance Minister
Chaudhry. Qarase's constitutional challenge against the
December 2006 coup and subsequent interim government (IG) has
begun. The defense is proposing that presidential reserve
powers trump the Constitution's actual language. Bainimarama
has appealed for the Fiji public to support the IG and its
People's Charter process "if they want elections to go
ahead." A third prominent member of the People's Charter
process resigned this week. The IG has announced it is
re-formulating the National Security Council and
re-establishing the Fiji Intelligence Service. Bainimarama,
wearing his Commodore hat, issued his "Commander's Intent
2008." It acknowledges considerable internal short-comings,
while insisting that the military must play a long-haul, very
prominent role in good governance for Fiji. In light of the
military's confusing public signals about how tax-evasion
allegations against Chaudhry should be handled, Bainimarama
has added "military spokesman" to all his other hats. End
summary.

Reeves mediation -- Bainimarama says "no"
--------------

2. (C) As discussed reftel, former New Zealand Governor
General Sir Paul Reeves is undertaking an effort at
Commonwealth Secretariat behest, to facilitate a political
dialogue in Fiji. Reeves tested the waters in December, and
is now back on a March 1-9 visit. He visited Embassy Suva
March 4. Reeves is savvy about Fiji, and he clearly
recognized that the chances would be slim to get Bainimarama

in a useful dialogue with Qarase and others. However, he
reported the initial soundings were reasonably positive,
except for interim Finance Minister Chaudhry, who flatly
opposed the effort. Reeves aimed to host an all-day session
for Bainimarama, Qarase, and others today, March 7, and
Bainimarama was still agreeable during a dinner on March 5.
But on March 6, Bainimarama informed Reeves that the Military
Council had advised him not to participate because of concern
that a dialogue could complicate the court case now under way
in which deposed PM Qarase is challenging the
constitutionality of the coup and the subsequent IG. Reeves
reportedly believes Bainimarama's real reason for saying "no"
is his reliance on Chaudhry's advice.


3. (C) Comment: From Chaudhry's perspective, and most likely
from Bainimarama's, the Reeves dialogue, which Sir Paul has
made clear would be separate from the IG's National Council
for Building a Better Fiji (NCBBF, People's Charter) process,
would only complicate IG efforts. The IG is attempting to
convince the public and the courts that the IG is the only
game in town and the People's Charter is the only vision for
the future. It may well be that an element in the strategy
is eventually to use People's Charter imperatives to delay
elections.

Qarase court case and the President's powers
--------------

4. (C) After nearly a year of lead-up, three judges began
hearing Qarase's challenge to the constitutionality of the
coup this week. Acting Chief Justice Gates and two retiree
judges (Byrne and Pathik) hand-picked by Gates are sorting
out case-management issues with Queen's Counsel brought in by
all sides from Australia and New Zealand. That Gates and
Byrne have not recused themselves from the case is shocking,
given their behind-the-scenes involvement with the IG. The
defense earlier had indicated it would rely on doctrines of
necessity and acquiescence to attempt to justify the coup and
IG. This week, defense counsel announced instead that their
case relies on inherent, reserved powers of the President to
do whatever he deems necessary to save the nation. The
argument continues that, while Bainimarama initially deposed
President Iloilo, the President's reinstatement a month
later, and his then blessing of Bainimarama's actions, make
the actual coup a "non-issue." Defense counsel added that

SUVA 00000089 002 OF 003


the President's actions are not justiciable, a separation of
powers argument, and that nobody from the President's office
can be called as a witness, kind of an executive privilege
argument. Bainimarama has refused to be a witness.


5. (C) Comment: A truly neutral court would not buy these
defense arguments that attempt to ignore the 1997 Fiji
Constitution's clear limitation of the President to a
ceremonial role, acting only on advice of the PM (Qarase).
Whether the current three judges or an eventual Court of
Appeals made up of post-coup local judges will stand up for
rule of law remains to be seen. Presumably Fiji's Supreme
Court, still made up of neutral expatriate judges, would do
the right thing, but appeals take time, and in the meantime
the IG would remain in place.

Bainimarama urges the public to cooperate
--------------

6. (C) Bainimarama has spoken out several times in recent
days, mostly in radio interviews in the Fijian language. A
major theme has been that "if people want the elections to go
ahead, then they need to cooperate and be part of the
People's Charter process which will also end the coup culture
in Fiji." He accused some Fijian politicians of stirring
racial hatred so they can return to power. He suggested that
Fijians should stop worrying about Indians taking their land
since, without the Indians, Fijians would be "left only with
their old traditional clothes and canoes." Comment: The
remarks reflect Bainimarama's frustration that his People's
Charter process is not gaining support from the Fijian
community. He is directly threatening: jump on board my
train or I will postpone your elections.

Another People's Charter departure
--------------

7. (C) The head of Fiji's Media Council, Daryl Tarte,
announced on March 6 that he has resigned from his seat in
the People's Charter process, joining deposed Opposition
Leader Beddoes and prominent Fijian NGO activist Siwatibau in
departing. When the process convened in January, Beddoes and
Tarte were the two participants perceived to be from outside
the IG umbrella. Now the process is entirely in-house. We
understand the Media Council was divided on whether Tarte
should withdraw, some arguing he could have more influence
from within. However, Tarte concluded the reality is that
the Charter is dominated by the IG, with Bainimarama a
co-chair, IG ministers as co-chairs of each working group,
and IG/military reps heading teams to sell the concept in the
villages. Tarte said a second reason for protest was the
recent IG assault on media freedom via the Russell Hunter
expulsion from Fiji.

Revival of NSC and Military Intelligence
--------------

8. (U) On Feb. 27, the interim Cabinet approved re-creating
the National Security Council (NSC) and the Fiji Intelligence
Service (FIS) "in order to ensure a safe and secure Fiji from
increasing terrorism threats." The NSC is to be composed of
the interim PM (Bainimarama) as chair, the interim Attorney
General (Sayed-Khaiyum),the Defense Minister (Ganilau),the
Finance Minister (Chaudhry),and the Police Commissioner
(Teleni). Critics challenged the need, and Qarase suggested
the military commander and police commissioner should be
merely advisors, with their minister (Defense) being the
actual member. Chaudhry disbanded the previous FIS in 1999
when he became PM, arguing it duplicated the police special
branch. He says he now sees the need for the military to
have its own intelligence service.

RFMF Commander's intent 2008: challenges
--------------

9. (U) The Fiji military (RFMF) posted Commodore
Bainimarama's "Commander's Intent 2008" on its website in
late February. In it, Bainimarama says the RFMF's "clean up
campaign" mission remains un-accomplished. He blames the
"global push for western style democratic governance,
including the enforcement of human rights" for interfering
with Fiji's sovereignty and causing much opposition to the
military and interim government. He says the military as
"the major partner" in the IG, "has copped a lot of negative
criticism." Attempts may continue to "revert the status
quo." Bainimarama sees ethnic conflict as "latent at this
stage," but says there are no guarantees it will stay so. He

SUVA 00000089 003 OF 003


predicts the military "will be required to play a very
prominent role in the good governance of our country." He
endorses the People's Charter to create a "collective sense
of destiny."

...Need for internal RFMF clean up; PKO uncertainty
-------------- --------------

10. (U) In the "Intent" document, Bainimarama acknowledges
that the military "had done poorly" in accomplishing its
Strategic Plan 2002-2007. He notes that repeated calls for
the military to take the "clean up campaign" to heart
internally "seem not to have been very well understood." He
describes "people acting unprofessionally" and says proper
understanding and application of systems for good governance
are "sadly lacking" in the military. He admits the military
has repeatedly failed to stay within its budget and says that
must be corrected. He says British, Australian, and New
Zealand recruitment of Fijians for their armies during a
"crisis time in Fiji seems suspect." Retention of troops
"becomes paramount." Otherwise, "we will have to review our
participation" in PKO.

Bainimarama adds another hat: RFMF spokesman
--------------

11. (C) Reports have circulated through Suva in recent days
that the Military Council is pushing Bainimarama to suspend
Finance Minister Chaudhry pending an independent audit of
tax-evasion allegations. IG spokesmen put out confusing
official signals on the topic. Late on March 6, Bainimarama
announced he has removed LtCol. Qiliho and Col. Aziz as
spokesmen, though both officers retain their other duties.
Qiliho is Ops Officer for Land Forces; Aziz is the military's
chief lawyer. Henceforth, Bainimarama, himself, will be
point of contact for "all public relations work regarding the
military." When media attempted to query Bainimarama about
the change, he declined to comment. Comment: Qiliho and Aziz
are seen as among Bainimarama's most loyal supporters, but it
appears Bainimarama's intent to keep a damper on the Chaudhry
issue overcame any concerns about embarrassing the Colonels.
DINGER