Identifier
Created
Classification
Origin
09SUVA96
2009-03-15 20:14:00
UNCLASSIFIED
Embassy Suva
Cable title:  

FIJI'S RULE OF LAW IN "DIRE STRAITS"

Tags:  PGOV PREL FJ 
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R 152014Z MAR 09
FM AMEMBASSY SUVA
TO SECSTATE WASHDC 1111
INFO AMEMBASSY CANBERRA 
AMEMBASSY WELLINGTON 
AMEMBASSY PORT MORESBY
UNCLAS SUVA 000096 


PLEASE PASS TO EAP/ANP

E.O. 12958: N/A
TAGS: PGOV PREL FJ
SUBJECT: FIJI'S RULE OF LAW IN "DIRE STRAITS"

UNCLAS SUVA 000096


PLEASE PASS TO EAP/ANP

E.O. 12958: N/A
TAGS: PGOV PREL FJ
SUBJECT: FIJI'S RULE OF LAW IN "DIRE STRAITS"


1. (U) Summary: The International Bar Association's Human Rights
Institute (IBAHRI) released a report entitled "Dire Straits: A
Report on the Rule of Law in Fiji" on March 3. The IBA completed
the report despite being banned from visiting Fiji by the Interim
Government (IG). The report concludes that "Since the 2006 coup,
the interim military regime has taken steps to influence, control or
intimidate the judiciary and the legal profession." The report also
concludes that the leadership of Fiji's Human Rights Commission "has
been taken over by a military appointee who is strongly sympathetic
to the military government and no longer fulfils its mandate." Not
surprisingly, the IG has called the report "irrelevant, unfounded
and without evidence." End summary.

Background
--------------


2. (U) Responding to concerns raised about the rule of law in Fiji,
in late 2007 the IBAHRI appointed a fact-finding mission to
investigate. Requests made by the delegation to visit Fiji during
2008 were refused. During one attempt in February 2008, an IBAHRI
program officer was refused entry into Fiji after landing at Nadi
International Airport, necessitating a very last-minute
cancellation. Correspondence between the IBA and Fiji's interim
attorney general detailing the lack of congruence between the AG's
public statements welcoming the visit "in principle" and private,
extremely hostile correspondence to the IBA are published in the
report. The IG's refusal to cooperate ultimately compelled the IBA
to conduct its investigation remotely through telephonic
interviews.

Judicial Independence
--------------


3. (U) The report highlights a litany of well known concerns: the
removal of Chief Justice Fatiaki in January 2007; the appointment of
Acting Chief Justice, and later Chief Justice, Gates; the exodus of
judges from the bench; the questionable legality of all judicial
appointments made under the IG; the failure by judges appointed by
the IG to recuse themselves from cases implicating the legality of
their appointments; the granting of late night ex parte stays
favorable to the IG; and the use of travel bans to censor lawyers
critical of the IG. "Since the 2006 coup, the interim military
regime has taken steps to influence, control or intimidate the
judiciary and the legal profession," the report concludes.

Fiji's Human Rights Commission
--------------


4. (U) The IBAHRI also addresses the failure of Fiji's Human Rights
Commission, under the leadership of Shaista Shameem, to promote or
protect human rights in Fiji. Shameem is an IG appointee who has
used the FHRC as a platform to publish reports supporting the coup,
accusing Australia of planning to invade Fiji, and accusing
pro-democracy activists of being foreign agents, among others. It
should be noted that Shameem is also a UN Special Mandate Holder, as
a member of the Working Group on the Use of Mercenaries. The report
concludes that the FHRC is no longer compliant with the Paris
Principles. Six of the report's 31 recommendations ultimately deal
with the FHRC. Shameem was quick to respond that the IBA report was
obviously motivated by jealousy of the FHRC's exceptional
accomplishments.

Warnings to Be Wary
--------------


5. (U) Referencing the IBAHRI report, the Australian Bar Association
(ABA) has warned attorneys to think twice before accepting judicial
office from Fiji's interim government because their appointments
could be seen as tainted. ABA president Tom Bathurst said the
report was in line with the ABA's own concerns. Anybody who might be
considering accepting judicial office in Fiji "ought to have a good
read of this report before they do so", he said. "Much as you might
like to assist these countries, it is very difficult when on an
objective view it could be seen as a tainted appointment.

Comment
--------------


6. (U) Comment: While the IBA report is not the first assessment of
the state of Fiji's legal system under the IG, it is certainly the
most comprehensive. Various political parties and NGOs have
commended the effort and urged the IG to consider and implement the
recommendations. The U.S. Human Rights Report on Fiji alleged
interference with Fiji's judiciary and was criticized by the IG for
lacking details. At more than a hundred pages, the IBA report has
provided the details and then some. Unfortunately, it is unlikely
that those in power in the IG, including the FHRC, will seriously
consider the report. It should, however, give serious pause to
those now considering whether to join Fiji's tainted judiciary. End
Comment.

MCGANN