VZCZCXRO3987
PP RUEHPB
DE RUEHSV #0046/01 0212218
ZNY CCCCC ZZH
P 212218Z JAN 07
FM AMEMBASSY SUVA
TO RUEHC/SECSTATE WASHDC PRIORITY 3681
INFO RUEHBY/AMEMBASSY CANBERRA 1521
RUEHPB/AMEMBASSY PORT MORESBY 1105
RUEHWL/AMEMBASSY WELLINGTON 1299
RUEHNZ/AMCONSUL AUCKLAND 0317
RUEHDN/AMCONSUL SYDNEY 0725
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 000046 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 01/22/2017 
TAGS: PREL MARR PHUM PINR ASEC FJ NZ
SUBJECT: FIJI UPDATE 1/22/07:  PRESIDENT ISSUES IMMUNITY 
DECREE; DUST-UP WITH NEW ZEALAND; CEO TERMINATIONS; ALLEGED 
PLOTS AGAINST INTERIM GOVERNMENT; QARASE SEEKS CONTINUED 
USG SANCTIONS 
 
REF: SUVA 43 
 
Classified By: Ambassador Dinger, per 1.5 (B) and (D). 
 
Summary 
------- 
¶1. (C)  President Iloilo has issued a broad immunity decree 
for the military and others involved in the coup.  The Fiji 
Law Society and others say the decree is unconstitutional. 
Bainimarama has reacted angrily to Aussie and Kiwi visa 
restrictions on members of his government and is threatening 
"retaliation."  Bainimarama has announced a "concerted 
effort" to protect human rights.  Navy Commander Kean is 
charged with murder and is jailed pending trial.  All 23 CEOs 
were terminated as part of a restructuring of the civil 
service.  Four, including Commander Bainimarama's brother, 
have been re-hired as "advisors."  We continue to hear 
reports of unrest bubbling beneath the surface, including an 
ethnic-Fijian plot against the interim government.  Chief 
Justice Fatiaki sees the state of play in the judiciary as 
"surreal."  Deposed PM Qarase phoned to thank the USG for 
continuing to support democracy.  He urged international 
sanctions to continue.  End summary. 
 
Broad Immunity Decree Issued 
---------------------------- 
¶2.  (SBU)  Attorney General Khaiyum announced on January 19 
that President Iloilo has granted all military personnel, all 
members of the police force and prison service, and all other 
persons acting under their orders "full and unconditional 
immunity from all criminal or civil or legal or military 
disciplinary or professional proceedings or consequences." 
The immunity reportedly covers acts committed prior to the 
December 5 coup and until January 5, 2007, when Bainimarama 
transferred "executive authority" back to Iloilo.  The Fiji 
Law Society and some NGOs said the President has no powers to 
grant such immunity under the 1997 constitution.  We have not 
yet seen the actual decree, which apparently will be gazetted 
tomorrow but dated January 18. 
 
Dust-Up With New Zealand Over Visa Ban 
-------------------------------------- 
¶3. (U)  Bainimarama issued an angry statement January 19 in 
response to New Zealand's decision to ban the new CEO in the 
Prime Minister's Office, Parmesh Chand, from traveling to New 
Zealand to visit his family.  Bainimarama said, "My 
government announces that should Australia and New Zealand 
continue to frustrate this administration, Fiji will consider 
retaliatory measures."  He specifically referred to 
Australian and New Zealand exports to Fiji and to work 
permits for expats from those countries.  NZ Foreign Minister 
Winston Peters called Bainimarama's statement "stupid."  NZ 
Prime Minister Clark reiterated that New Zealand will only 
review travel sanctions imposed on members of the interim 
administration and their families after Fiji has made 
adequate moves to restore a democratically elected government. 
 
¶4. (U) On Jan. 22, Bainimarama responded by appealing for 
Australia and New Zealand not to be "big bullies."  He argued 
that senior civil servants, mere administrators, should not 
be penalized for helping to steer the nation forward.  He 
said Fiji will try diplomacy.  The interim Minister of 
Foreign Affairs will call in the New Zealand High 
Commissioner to brief him on progress taking place "on almost 
all fronts."  But Bainimarama said he "will tolerate no one 
who frustrates our effort."  If diplomacy doesn't work, there 
will be "no option but retaliatory measures."  He said Fiji 
continues to have good relations with Pacific and several 
Asian countries. 
 
"Concerted effort" on human-rights front 
---------------------------------------- 
¶5. (C) Bainimarama announced to the media today a "concerted 
effort" by the interim government to ensure protection of 
human rights.  He said questioning of people at the military 
camp has always been a last resort.  (Comment: That has 
certainly not been the case.)  Bainimarama said he will 
invite all the NGOs to attend the cabinet meeting next 
Tuesday to brief on the way forward and to reiterate the 
interim government's human-rights emphasis. 
 
Navy Commander Charged With Murder 
---------------------------------- 
 
SUVA 00000046  002 OF 003 
 
 
¶6.  (SBU)  Commander of the Navy Francis Kean, Bainimarama's 
brother-in-law, was charged with murder January 19, in 
connection with the death December 30 of John Whippy at the 
Suva Yacht Club.  The incident followed the wedding reception 
of Bainimarama's daughter.  Kean's lawyer requested that Kean 
be placed in the custody of the military, stating that Kean's 
life might be in danger if he was jailed at Korovou prison, 
where several soldiers involved in the 2000 mutiny are 
reportedly imprisoned.  The judge did not buy that argument, 
reportedly stating, "Since when did the military become a 
remand center?"  He ordered Kean jailed until his hearing 
February 2.  Lt. Commander James Fisher will reportedly be 
acting Naval Commander in Kean's absence.  The previous 
Deputy Naval Commander resigned his commission over the coup. 
 
CEO's Terminated - Welcome to Reapply for PermSec Jobs 
--------------------------------------------- --------- 
¶7.  (SBU)  All CEOs received termination letters January 19 
as part of a restructuring wherein the CEO system implemented 
by the SDL government will be replaced by the earlier system 
of Permanent Secretaries.  Interim Minister for Public 
Service Poseci Bune said the 16 new Permanent Secretary 
positions (there were 23 CEOs) would be advertised by next 
week and that the CEOs are welcome to apply.  Four CEOs have 
reportedly already been re-employed under the title of 
"advisor."  They include Parmesh Chand in the PM's office, 
Acting CEO of Finance Aisake Taito, Ministry of Education CEO 
Alumita Taganesia and the CEO for Fijian Affairs, Ratu Meli 
Bainimarama, the Commodore's older brother. 
 
¶8.  (C)  One now-terminated CEO told us over the weekend that 
the CEO contract system implemented by the Qarase government 
had not worked well.  It was far too inflexible to respond 
adequately to major shifts in ministerial numbers and 
portfolios, as happened after the May 2006 elections.  The 
former CEO, who may reapply for her old position, this time 
as Permanent Secretary, asked the Ambassador if the U.S. will 
be paralleling Australia and New Zealand by imposing visa 
sanctions on senior civil servants who take important roles 
that support the interim government (septel). 
 
Head of New Anti-Corruption Commission 
-------------------------------------- 
¶9.  (C)  Contacts tell us that the head of the interim 
government's new anti-corruption commission, Sakove 
Naqiulevu, had a less than stellar tenure as Fiji's Chief 
Magistrate in the late 1990s.   We are told Naqiulevu earned 
a reputation as being "less than efficient" and was replaced. 
 More recently he has been a Justice in the Solomon Islands 
court system. 
 
CJ Fatiaki Speaks 
----------------- 
¶10.  (C)  In an interview in the January 22 Fiji Times, Chief 
Justice Fatiaki vehemently denied rendering any legal 
assistance to the interim military regime that was set up 
after the 2000 coup.  The interim-government announcements 
concerning Fatiaki's suspension as CJ have referred to issues 
dating back to 2000.  Justices Gates and Shameem, who 
apparently orchestrated Fatiaki's recent suspension, with 
Gates then becoming Acting CJ, have long alleged in private 
conversations that Fatiaki demeaned the independence of the 
judiciary by providing legal advice to Bainimarama and 
then-President Mara about how to remove PM Chaudhry at a time 
when Chaudhry was being held incommunicado by the Speight 
coup participants.  In a conversation with the Ambassador 
last weekend, Fatiaki repeated his flat denial of ever 
providing such advice to Bainimarama, though he seemingly 
acknowledged providing advice to President Mara when asked. 
Fatiaki observed: "What I did then pales in comparison" to 
the assistance Nazhat Shameem and Anthony Gates have given 
Bainimarama this time around.  Fatiaki described the current 
situation as "surreal."  He expressed frustration at being 
banned by the PM's office from traveling to conferences 
abroad. 
 
Plot Against Interim Government? 
-------------------------------- 
¶11.  (C)  A well-placed ethnic-Fijian contact reconfirmed to 
us that considerable rage is building beneath the surface in 
the Fijian community.  That rage increased with the 
announcement of Chaudhry's inclusion in the interim cabinet. 
The coup is not settled, as reflected in the continuation of 
 
SUVA 00000046  003 OF 003 
 
 
armed military check points in Suva and other strategic 
locations.  (Note: the RFMF announced on Jan. 22 that check 
points will be removed during the day when school starts 
tomorrow, though they will be resumed each night.  Asked the 
need, the RFMF spokesman said a "security assessment 
requires" the check points to continue.)  Our Fijian source 
recently happened into a meeting of well-known senior 
associates of Qarase where plotting against the interim 
government was taking place.  The source speculated that 
actions against the military regime may start well away from 
Suva, where military might is concentrated.  A possible venue 
is Vanua Levu, Fiji's second largest island, and a 
nationalist stronghold.  The source noted that former PM 
Rabuka, past successful coup plotter, spent several weeks 
over the holidays at his farm on Vanua Levu. 
 
Qarase Phone Call: Keep Up Sanctions Please 
------------------------------------------- 
¶12. (SBU) Deposed PM Qarase phoned the Ambassador on Jan. 22 
to "offer thanks for your and your government's support for 
democracy."  Qarase inquired about U.S. sanctions and noted 
that visa sanctions such as Australia and New Zealand have 
imposed, and the U.S. has signaled, are "good."  Such 
measures increase pressure on Bainimarama and his interim 
government to return to democracy ASAP.  Qarase said he would 
be phoning Pacific Island Forum (PIF) Secretary General Urwin 
to urge the PIF to impose travel sanctions, too.  Qarase 
expressed disappointment that Melanesian Spearhead Group 
Ministers appeared to accept Fiji's interim arrangement at 
their meeting last week in Honiara. 
 
Qarase Still Intends a Return to Suva 
------------------------------------- 
¶13. (SBU) Qarase said very much wants to meet with the PIF's 
Eminent Persons Group (EPG) next week, either in Suva or, if 
necessary, in Lau.  Qarase said his health is good, and he 
definitely intends to return to Suva "early" to look for a 
job or, if nothing is possible, return to Lau to retire.  He 
said an advantage of being in Lau is that he has been able to 
maintain access to international and local media.  While 
local media seemed to be self-censoring for a while, Qarase 
has sensed a "more relaxed" atmosphere recently. 
 
Comment 
------- 
¶14. (C)  The ethnic-Fijian plot information appears to be 
more than rumor, though there are no visible signs of it, 
other than the military check points which indicate continued 
Army nervousness.  The reported plotters are significant 
players in the Fijian community who certainly have contacts 
and funds.  Starting activity on Vanua Levu would be logical. 
 The RFMF complement there is rather light, and nationalists 
from there contributed heavily to Speight's coup in 2000. 
Still, confronting the well-armed RFMF would be a challenge. 
Interestingly, Commodore Bainimarama paid an official visit 
to troops and government officials in Vanua Levu last week. 
DINGER