THE AUSTRALIAN NATIONAL UNIVERSITY Research School of Pacific and Asian Studies State, Society and Governance in Melanesia State Society and in Governance Melanesia

DISCUSSION PAPER

Discussion Paper 2007/2

‘This process of political readjustment’: aftermath of the 2006 Fiji Coup1

Democracy remains an article of faith our constitutional democracy are unable to Brij V. Lal - always. That is, it stands by the faith make these decisions to save our people from citizens have in themselves to arrive destruction,’ Commodore Josaia Voreqe (Frank) at proper decisions affecting their Bainimarama told Fiji at 6pm on 5 December common future, and the faith they have 2006. The military, which had ‘observed the in each other respecting that faith and concern and anguish of the deteriorating state its processes and outcomes. This renders of our beloved Fiji,’ had, therefore, ‘taken democracy precarious because anyone over the government as executive authority at any time with sufficient resources can in the running of the country.’ Those fateful knock it over and down. All it takes is words brought to a close the long running ‘bad faith.’ That is, anyone can destroy saga of escalating tension and mounting war democracy by simply losing faith in what of words between Laisenia Qarase’s Soqosoqo it is by its very nature. Duavata ni Lewenivanua (SDL) government - Fiji Daily Post (editorial), 21 and the Republic of Fiji Military Forces.2 The April 2007 following day, President Ratu Josefa Iloilo met Commodore Bainimarama. After confused vacillation and shortly before being sidelined, However much I may sympathize with the President signed a military order dissolving and admire worthy motives, I am an parliament and inaugurating a military uncompromising opponent of violent administration. Commodore Bainimarama methods even to serve the noblest of assumed the President’s office. A month later causes. he was sworn in as Prime Minister when he - Mahatma Gandhi restored Ratu Josefa as President. Resuming formal executive authority on 4 The contribution January 2007, Ratu Josefa thanked Commodore of AusAID to ‘We consider that Fiji has reached Bainimarama for ‘having the courage to step this series is a crossroads and that the government and in,’ and for ‘handing back all my executive acknowledged all those empowered to make decisions in powers.’ Noting that ‘decisive decisions with appreciation. ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

needed to be made,’ he added ominously (for Taken at face value, it would take years to  a titular head of state), ‘In any case given the fulfil. And it could in the end prove to be circumstances, I would have done exactly what futile anyway. Under the mandate, the word Commodore Josaia Voreqe Bainimarama did ‘interim’ could justifiably be stretched to mean since it was necessary to do so at the time.’3 semi-permanent, or at least a long way into This statement directly contradicted his press the future. The Interim Administration had no release of December 5 in which he ‘neither intention of relinquishing power anytime soon, condone[d] nor support[ed] the actions of raising the unhappy, and once unthinkable, the military today, which is clearly outside spectre of Fiji becoming the Pacific’s version the constitution, contrary to the rule of law of Southeast Asia’s Burma. and our democratic ideals.’4 Ratu Josefa’s More troubling was the patent illegality opposing pronouncements were one of the of the President’s action. The President gave, more mystifying aspects of the confusing saga or, more accurately, was reported to have following the coup. Perhaps he was not the given, a mandate that was never his to give free agent the world imagined – or wished in the first place.5 In the Westminster system – him to be. Soon after the takeover, he was as adopted in Fiji, the President acts on the shielded from the public by the military, and advice of the Prime Minister as the head denied access to his own traditional supporters. of an elected government. The power that Statements issued in his name were prepared by the President exercises in ‘his own deliberate the military. The President was a frail, fading judgement’ is carefully prescribed and limited, figurehead, a decent man but ineffectual, a to be used in exceptional circumstances and curious onlooker in the drama taking place then only for short periods of time. The proper around him—and in his name. Wittingly or course of action for the President to authorise unwittingly, he became the military’s fount of would have been the prompt restoration of the legality and legitimacy. And so sadly he has deposed government. But illegal and improper remained. though it was, the military and the Interim Administration recited the mandate as their Mandate and the Doctrine of overarching charter. The mandate became its Necessity mantra of legitimacy. Just as the President’s mandate was misconceived, so, too, was the legal principle Announcing the formation of an Interim the military invoked to validate the overthrow of Administration, Iloilo outlined what he would the Qarase government. The coup, Commodore call the ‘President’s Mandate.’ This included Bainimarama told the nation on December 5, upholding the constitution, facilitating legal was justified by the ‘Doctrine of Necessity.’ protection and immunity from both criminal The country was in the hands of morally and civil offences for the military, recognizing tainted and politically compromised leaders, the right of the military to suspend, dismiss he had said repeatedly in the weeks preceding or remove from office anyone it thought the coup, riddled with corruption, heading appropriate, steadying economic growth and towards bankruptcy. It was on the verge of ‘correcting the economic mismanagement’ of inflicting unprecedented harm upon the nation the previous government, restructuring the with the imminent introduction of controversial Native Land Trust Board to ‘ensure more bills, among them principally the Promotion benefits flow to the ordinary indigenous Fijians,’ of Reconciliation, Tolerance and Unity and creating an anti-corruption unit in the Attorney the Qoliqoli Bills, the latter designed to return General’s office to eradicate systematic the ownership and management of foreshores corruption, introducing a Code of Conduct to indigenous resource owners.6 Supporters to improve ‘governmental and institutional and perpetrators of George Speight’s coup, transparency,’ and preparing Fiji for democratic Bainimarama said, were still at large, many elections ‘after advanced electoral office and safely ensconced in the public service, statutory systems are in place and the political and organisations and on the diplomatic circuit. economic conditions are conducive to the They were a threat to national security. The holding of such elections.’ The astonishing removal of their patron, the Qarase government, scope of the mandate requires little comment. was thus a matter of urgent national interest. ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

The ‘Doctrine of Necessity’ has a long This compulsory power-sharing is a new pedigree. Thomas Jefferson wrote: ‘The laws aspect of the 1997 Constitution. It provides  of necessity, or self-preservation, of saving that any political party with more than ten our country when in danger, are of higher percent of seats in parliament, that is eight obligation. To lose our country by a scrupulous of the seventy-one seats in the House of adherence to written law, would be to lose the Representatives, is constitutionally entitled to law itself, with life, liberty, property and those be invited to nominate members to serve in the who are enjoying them with us; thus absurdly cabinet [(section 99 (96)]. In 2001, Qarase had sacrificing the end to the means.’7 Since then, abused the spirit of the power-sharing provision the doctrine has been confined within strict by offering the Fiji Labour Party portfolios limits. In a landmark judgement of the Grenada of miniscule significance which it rightly Court of Appeal in 1986, these limits were refused. But in 2006, he surprised everyone carefully prescribed. For the ‘Doctrine of by offering Labour significant portfolios, Necessity’ to be enforced, it said, ‘an imperative including Agriculture, Health, Labour and necessity must arise because of the existence of Industrial Relations, Housing, Environment, exceptional circumstances not provided for in and Commerce and Trade, which the Labour the Constitution, for immediate action to be party accepted. The multi-party cabinet faced taken to protect or preserve some vital function the inevitable teething problems, compounded of the State;’ ‘there must be no other course of not in the least by Labour leader Chaudhry’s action reasonably available;’ any such action decision to stay out while relentlessly needling must be reasonably necessary in the interest his ministers in the cabinet.9 Nonetheless, the of peace, order, and good government, ‘but it experiment was beginning to work, according must not do more than is necessary or legislate to Labour members of the cabinet themselves. beyond that;’ ‘it must not impair the just rights There was no sign of imminent collapse. On the of citizens under the Constitution,’ and ‘it contrary, there was a general sense of optimism must not be one the sole effect and intention that Fiji might be turning a new leaf in its of which is to consolidate or strengthen the political evolution, embracing a more inclusive revolution as such.’8 approach to power-sharing. Clearly, then, the ‘Doctrine of Necessity’ Questions about the validity of the ‘Doctrine only applies in cases of extreme emergencies of Necessity’10 led the military implicitly to – civil strife, a calamitous natural disaster, modify its position by invoking the ‘Doctrine of massive breakdown of law and order – when Effectiveness.’ That is, the military was the de the duly elected government of the day is facto government because it was effectively in unable to govern. It is to be the last resort control of the country. It is true that there were in the absence of any other option. In 2006, no protest marches against the takeover. This the Fijian state was under no fatal threat. was partly because of genuine confusion about The newly elected government was grappling the meaning and purpose of the coup. Race was with the normal problems governments in not an issue as it had been in the past. Prominent developing countries face: a sluggish economy, Fijian institutions such as the Methodist Church failing public infrastructure, ailing health and and the Great Council of Chiefs were silenced education services, allegations of corruption. and sidelined, bewildering people looking for The Qarase government was by no means leadership from them. Confusion aside, there perfect: complacent about its well-advertised was a genuine fear of the military which shortcomings, pandering to the Fijian nationalist prevented open public debate. Regular reports fringe with whose support it had won the of interrogations at the military barracks and elections, quietly tolerant of widely reported of humiliating treatment and psychological cases of misdemeanours in government and ‘torture’ fostered self-imposed silence and statutory organisations, and rewarding political censorship. This above all else was the reason loyalists with lucrative appointments to boards for the muted criticism of the military takeover. and diplomatic missions. All that said, many in But effectiveness is more easily asserted than Fiji felt the country was turning a new corner, demonstrated. In the now famous Chandrika especially after the May 2006 elections with Prasad case, the Fiji Court of Appeal demanded the advent of the multi-party cabinet. a ‘high civil standard’ of proof of acquiescence on the part of the populace, requiring the regime ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

to show that any conformity and obedience to it been declared bankrupt.’13 Further, to prevent  stemmed from ‘popular acceptance and support a conflict of interest, they would not be able as distinct from tacit submission to coercion to stand in future elections. Hundreds applied, or fear of force.’11 ‘The ‘burden of the proof including an elderly Indo-Fijian taxi driver of efficacy,’ the Court ruled, ‘lies on the de who thought himself a suitable candidate for facto government seeking to establish that it minister of transport because he knew about is firmly in control of the country with the pot holes and corrupt transport officials, so he agreement (tacit or express) of the population told me. But the most prominent members of as a whole.’ This test the military would almost the Interim Administration, such as Fiji Labour certainly have failed. Reports of interrogation Party leader Mahendra Chaudhry and National at the military barracks and abuse of human Alliance Party leader Ratu Epeli Ganilau did not rights were simply too publicly well known to apply. Instead, they were ‘invited’ into the line- ignore. up. The much touted show of transparency in The legality or illegality of the events of the appointment of the Interim Administration December 5 is moot, Commodore Bainimarama turned out to be just that: a show. The final line- has said repeatedly. Everyone should accept the up featured many old and faded faces, some reality of what happened and ‘move on.’ But political re-treads (and a novice or two), others even as the events unfolded, the military gave defeated at the last elections, all hoping to enjoy the impression of not being overly constricted a last moment of glory. The pledge not to stand by legality. They had the guns, they had deposed in future elections was hollow: unenforceable the government, and that, as far as they were to start with and unconstitutional to boot. concerned, was that. The military knew that Bainimarama missed an important opportunity its claim to be working within the ambit of the to make a fresh start with fresh faces – or 1997 Constitution was similarly fraught, but to show non-partisanship by including some this pretension served as a useful façade and Soqosoqo Duavata ni Lewenivanua (SDL) foil. In truth, the military was working not so members. much within the spirit of the Constitution as in The inclusion of Mahendra Chaudhry in breach of it. Former president of the Fiji Law the ministerial line-up was one of the surprises Society Graham Leung told the LAWASIA in the Interim Administration, although his conference in Hong Kong in June 2007 that ceaseless hostility to the Qarase government while the Interim Administration ‘professes and lukewarm condemnation of the coup should that the Constitution of Fiji is intact and has have signalled his new political disposition.14 ‘A not been abrogated, all the signs point to grave strange twist of destiny’ was how he described departures from constitutional procedures that his new situation,15 although on December 6, a are corroding the lawful and proper governance day after the coup, he had promised ‘never [to] of Fiji.’12 He expressed a widely held concern. be part of an illegal set up because he believe[d] The Constitution survives, but only just – and in democracy and the rule of law.’16 Such are especially on paper. the processes of political transformation in Fiji. More importantly, Chaudhry accepted four Appointment of the Interim senior ministries for himself: Finance, Sugar, 17 Administration National Planning and Public Enterprise. He had been offered the Finance portfolio (along with Deputy Prime Ministership) by Qarase The publicly stated aim of the coup was weeks before the coup but had declined. Sugar to eradicate corruption in government. It was was predictable, that is, and always has been not a coup, Bainimarama said, but a ‘clean his powerbase. Some of his support had slipped up campaign.’ He pleaded for help to ‘take in recent years, so Chaudhry moved swiftly to the country forward.’ Soon after taking over have the Chief Executive Officer of the Sugar government, the military announced that Cane Growers Council, National Federation all ministerial positions in the new Interim Party-leaning Jagnnath Sami, sacked through Administration would be filled by application an extraordinary presidential decree: a head only. The applicants would have to have at of state sacking the chief executive of an least ‘ten years experience in the workforce, independent statutory body must be a rarity be of sound character and must never have in the modern world. Sami was replaced by a ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

former Labour parliamentarian, Jai Gawandar, the army’s Third Fiji Infantry Battalion. In the while Labour’s Udit Narayan was appointed eyes of many Fijians opposed to the coup, the  Principal Officer in the Ministry of Sugar.18 military and the Mara clan morphed into one This was one internal coup among several in indistinguishable entity. the aftermath of December 5. Broadly speaking, the Interim Administration Chaudhry’s membership of the Interim was made up principally of Labour and NAP Administration gave it a multiracial face and figures, leading many to the cynical conclusion a large, if often silent and puzzled, Indo-Fijian that those defeated at the polls had entered the base. Chaudhry is the dominant Indo-Fijian corridors of power under the cover of guns. leader. Many in the Indo-Fijian community had Were they the ‘shadowy characters’ Police long been dissatisfied with and disaffected by Commissioner Andrew Hughes had in mind the Qarase government’s pro-Fijian affirmative on the eve of the coup?20 Bainimarama might action policies and nationalist rhetoric, and have enjoyed more public support for his so found crossing over to the Bainimarama claim to transparent governance and for his camp easy. Chaudhry’s presence in the line- own leadership had he appointed people of up made the shift easier, or at least easier genuine national stature not discredited by to justify. But Chaudhry’s participation in past failures or charges of improper behaviour. the Interim Administration came at a cost. Instead, he surrounded himself with people Many Fijians opposed to the coup now saw who lacked moral or political credibility and it not so much as a military overthrow of a who had personal and political agendas of democratically elected government as much their own. However it is looked at, the Interim as an ‘Indian’ – Chaudhry’s – coup against a Administration lacked lustre and vigour. Fijian government. The Interim Administration, in which Mahendra Chaudhry is easily the most Politicisation of Public experienced politician, was seen by many Institutions ordinary Fijians as his ‘handmaiden.’19 Never their favourite, Chaudhry became a powerful lightning rod of the Fijian nationalists. ‘Race’ For reasons already mentioned, there was was once again in the picture. muted public condemnation of the military coup Along with Mahendra Chaudhry, Ratu of December 5. But the reaction from and within Epeli Ganilau was another leader whose two quarters perplexed the public. One was inclusion in the Interim Administration caused the Human Rights Commission, especially its comment. A high chief, the eldest son of director Dr Shaista Shameem. With a doctorate former President Ratu Sir Penaia Ganilau, in sociology and a law degree from Waikato former army commander and chairman of the University in New Zealand, Shameem was well Great Council of Chiefs, the founding leader qualified for the position. She had long been of the National Alliance Party (NAP), a latter at loggerheads with the Qarase government day version of Ratu Mara’s original Alliance which, she felt, had ignored her complaints party, Ganilau had a distinguished pedigree. about the unconstitutionality of some of its But he was also a failed politician. His party policies (such as the race-based affirmative had won only around six percent of the votes action policy)21 and sought to politicise her in the May 2006 elections. But he and fellow office and thus undermine her effectiveness. failed NAP member Manu Korovulavula were Her reports were repeatedly disregarded. By among the ministerial line-up. Others included 2006, her cup of disillusionment with the former Speaker of the House, Ratu Epeli government was full, and the coup provided Nailatikau, like Ganilau, a son-in-law of the an opportunity to retaliate. In a wide-ranging late president, Ratu Sir Kamisese Mara as report on the coup made on her own initiative, well as the ever politically agile (not to say Shameem made a number of claims.22 She opportunistic) Poseci Bune, another publicly argued that the Qarase government was founded unacknowledged member of the Mara family. on an illegality. After the resolution of the 2000 The Mara dynasty is widely seen as being coup, she asserted, the President had erred by intimately associated with the military and the appointing an Interim Administration headed by Interim Administration. Ratu Mara’s youngest Laisenia Qarase, not Mahendra Chaudhry. Both son, Tevita Uluilakeba, is the commander of the High Court as well as the Court of Appeal ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

had ruled in the ‘Chandrika Prasad’ case in impose ethnic cleansing tactics in Fiji.  2001that the purported abrogation of the 1997 The Commission attempted to thwart Constitution was invalid, which should have such inroads into constitutionality restored the Labour Coalition to power. This by a combination of persuasion and was not done. Between the judgement of the warnings, but ultimately, its funding was High Court and that of the Court of Appeal, the reduced, and even foreign government 2001 election had taken place, bringing Qarase funding politicized by adverse reports to power, making the issue moot. Nonetheless, on the Commission’s investigations and Shameem argued, ‘the cases are still relevant analysis of government’s abuse of human for the important constitutional principles that rights and fundamental freedoms. the courts established.’ Since writing the report in the weeks The army was not the culprit, Shameem following the coup, Shameem has continued to asserted, but the Great Council of Chiefs reiterate her views about the unconstitutionality ‘which not only acted against the decision of and inhumanity of the Qarase government. the Court of Appeal in the Chandrika Prasad Inevitably, she has become a figure of controversy case, [but] emasculated the ability of the in Fiji. Her pro-coup views, expressed on many RFMF Commander to act in the national other occasions, have been denounced across interest according to section 94 of the 1990 a broad spectrum both in Fiji and overseas. Constitution as imported into Section 112 of Many in Fiji have reportedly refused to report the 1997 Constitution Amendment Act.’ But abuses of human rights to the Human Rights the military was neither as innocent nor as Commission because they claim they lack faith hobbled as Shameem implies. To the contrary. in its impartiality due to its proximity to the While it expected President Iloilo to respect the military’s position.24 Others have accused the spirit of the Constitution, the military wrote to Commission of being indifferent towards the him saying that ‘as a matter of national interest investigation of the breaches of human rights we cannot afford to have Mr Chaudhry and committed by the military. The acrimonious 23 his group back.’ For the military, preserving exchanges between Shameem and one of the law and order, which might be jeopardized Human Rights Commissioners, Shamima Ali, if Chaudhry was returned to power, took is public knowledge. Dissociating herself precedence over constitutionalism. from Shameem’s report, Ali has also refused Shameem also wrote scathingly of the Qarase to acknowledge the appointment of Rodney government which, she argued, ‘did everything Acraman as chairperson of the Commission. in its power to undermine the Constitution, What, then, about the substance of Shaista especially the entrenched Bill of Rights.’ The Shameem’s allegations? Some of the force of government’s race-based affirmative action her case was vitiated by the sharp rhetorical policies were in breach of the Constitution, excesses of her prose. ‘Ethnic cleansing’ and Shameem said, as were its tolerance of hate ‘crimes against humanity’ do not ring true speeches and racially inflammatory remarks to me nor correlate to reality in Fiji. Ethnic – by Minister for Women Asenaca Caucau, discrimination, distasteful though it always is, for instance, who called Indo-Fijians ‘noxious cannot be equated to ‘ethnic cleansing,’ and weeds’ – and its support for various pieces of the wrenching violence invariably associated legislation designed ultimately to grant amnesty with it (as in former Yugoslavia or Rwanda). to the 2000 coup plotters and perpetrators. The Shameem’s frustration with the stalling tactics promulgation of the controversial Qoliqoli and of the Qarase government regarding her various Land Tribunal Bills ‘would have the effect of reports on the abuse of human rights and of the removing the constitutionally protected property breach of the Constitution itself is evident rights of at least 50 percent of the population and probably coloured her diagnosis of the and also causing havoc and potentially serious situation. violence among the indigenous population.’ In On legal and constitutional matters, short, Shameem argued, Shameem’s judgements have been questioned. The Qarase Government was involved A response prepared by a group of senior Fiji in massive violations of human rights lawyers and released anonymously to the public in Fiji, constituting crimes against (for fear of retribution by the military) accused humanity, and made serious attempts to Shameem of being innocent of fundamental ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

constitutional principles.25 They rejected her into ‘the involvement of certain members of the interpretation of the ‘Doctrine of Necessity,’ judiciary in the events of 2000, the subsequent  adding that as a ‘matter of law, the doctrine of politicisation of the Judicial Bench, in particular necessity cannot be invoked or taken advantage the Magistracy and numerous instances of of by the persons who create or precipitate the corruption, irregularities and gross inefficiency necessity.’ They disputed her understanding in the Judiciary.’27 A tribunal of competent of the constitutional role of the military in outside judges was promised to undertake the the public life of Fiji. Instead of being the task, but six months later, nothing has happened. supreme arbiter of the national interest, the A speedy resolution of the Chief Justice’s military operated under civilian control. The saga was the principal recommendation of a Qarase government was not as unresponsive LAWASIA mission to Fiji.28 to criticism and public opinion as Shameem The suspension of the Chief Justice is one alleged. Were the elections unfair? The lawyers issue of concern. There are others including, argued that the general elections ‘were the especially, the manner in which his successor most transparent and closely observed in the was appointed. Sensing public disquiet and country’s history.’ They were as robust in their confusion, on 6 December 2006, the judges of response as Shameem was in her report: ‘What the High Court issued a statement reassuring the emerges from the Report is a pathological public that they remained ‘committed to their dislike of Prime Minister Qarase and his two judicial oaths to uphold the Constitution and Governments. The tragedy is that in confusing do right to all manner of people in accordance the latter with its apparent approval of the with the law,’ uphold the rule of law and for RFMF’s perspective in relation to its own all courts to remain open and accessible to the actions, the Report has compromised the Fiji public as normal.29 Meanwhile, with Fatiaki Human Rights Commission and Shameem’s on leave, the Judicial Services Commission, own standing as well as set back the cause of which appoints judges and magistrates and is human rights in Fiji.’ That it sadly has done. chaired by the chief justice, was convened by Even Shameem’s ardent supporters, equally Justice Nazhat Shameem,30 with the president vocal on the sidelines, enjoin circumspection of the Fiji Law Society Devenesh Sharma in and tactfulness in public discourse and urge attendance, and appointed Anthony Gates as a repairing of the harm to the image and Acting Chief Justice. Shameem justified her reputation of the Human Rights Commission. assuming the Chair of the Commission on the In the present circumstances, that seems a grounds of being the most senior substantive difficult task. Emotions are too aroused and puisne judge of the High Court, next in the line wounds too raw for calm to return anytime of seniority to Fatiaki himself. Criticising Gates’ soon. acceptance of the appointment as a ‘breach of Another institution similarly embroiled in trust,’ Fatiaki said, ‘They could have called me controversy after the coup was the judiciary. but they did not. Why did the Attorney General The causes of the division in it go back to the ask another judge to call a meeting of the aftermath of George Speight’s attempted coup Judicial Services Commission? The meeting in May 2000. Differences arose in the judicial for the Commission is only supposed to be ranks over the Chief Justice Timoci Tuivaga’s convened by the chair of the Commission which advice supporting the military’s proposal to is the Chief Justice. It does not mean that if I abrogate the 1997 Constitution to resolve the am on forced leave, that I cannot come in and impasse.26 In this stance, he was reportedly call a meeting of the Commission.’31 That view, supported by two other fellow judges, Michael perfectly reasonable, was not the point: minds Scott and Tuivaga’s successor as chief justice, had already been made up that Fatiaki should Daniel Fatiaki. Justices Nazhat Shameem go. The matter is before the courts, though and Anthony Gates opposed the advice. With in the opinion of at least one distinguished time, coalitions formed, feelings on the bench lawyer, the appointment of Anthony Gates hardened and rifts deepened. Bainimarama’s as Acting Chief Justice was in breach of the coup provided Fatiaki’s opponents within the constitution.32 judiciary and outside, the opportunity to derail Tension within the judiciary aside, there him. On 15 January 2007, Fatiaki was sent on is also concern at both the legality as well enforced paid leave, pending an investigation as the calibre of people appointed to the ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

bench. The appointment of a former military commissioner to Malaysia and his chief of  lawyer, Major Ana Rokomokoti, as magistrate staff, Mason Smith, is earmarked for Fiji’s generated controversy about her experience Mission to the United Nations. The appointment and suitability for the position and spawned of military personnel to civil and diplomatic (probably exaggerated) fears about the military service is not new in Fiji. After the 1987 coups, making judicial appointments for people a number of senior military personnel were sympathetic to it. The President of the Court appointed to the public service, some even as of Appeal Gordon Ward as well as another district commissioners.35 None of them were Appeal Court Judge, Michael Scott, will both spectacular successes. Their appointments leave at the end of their contracts in mid-2007. caused bitterness and frustration among senior Their replacements may be difficult to find civil servants bypassed or sidelined. There is a in Australia and New Zealand in the present similar crisis of confidence in the civil service climate, causing further erosion of confidence now.36 With the departure of talent from the in the judiciary. ‘There is nothing we can do civil service, and from Fiji generally, the about the High Court now,’ a lawyer told me in problem acquires a graver complexion. Suva, ‘but we must do everything to protect the Court of Appeal and the Supreme Court.’ The Church, the Chiefs and the There is similar concern being expressed Indians about the civil service. The Fiji civil service was once widely admired for its impartiality and integrity, but it has suffered a mixed While the December coup was no surprise, fortune since the coups of 1987. In the years it elicited different responses from the two that followed, a concerted effort was made major communities. Among Fijians, there was to ‘Fijianise’ it.33 As senior Indo-Fijian civil much confusion and puzzlement. How could servants migrated or resigned in frustration, this crisis have come to pass? they asked. Fijians were appointed as replacements not One senior Fijian civil servant had talked to necessarily on seniority or merit but because me optimistically about the ‘60:40 solution’ of their ethnicity and family or political to Fiji’s political problem.37 In the very near connections. More recently, an effort had been future, Fijians would constitute around sixty made, with the appointment of chief executive percent of the total population and Indo-Fijians officers, to re-introduce professionalism into around forty. Fijian numerical preponderance the service. But after December 5, a number would then translate into permanent political of senior civil servants were either sacked or domination, ending the decades-long Fijian sent on leave because of their alleged closeness fear of ‘Indian domination.’ But just when the to the Qarase government and because of prize was within reach, the coup jolted that doubt about their loyalty to the Interim dream. Fijians are puzzled and confused and Administration.34 Some were sacked because of divided in their response to the coup. Many, alleged mismanagement and corruption, none it would seem, oppose it but there are also of it proven so far. The travel bans imposed some (such as some members of the Kadavu by Australia and New Zealand will discourage Council, for instance) who support it, along replacements from outside. with elements of the Fijian middle class and The drain of talent and experience is one those who have independent careers, as well problem plaguing the civil service. Another is its as Fijians living abroad. However, no clear- collapsing morale. A number of senior military cut pattern of response has emerged from the personnel have been transferred into the service Fijian community, especially from those on in recent months, blurring the line between the Bainimarama’s side. military and the civil service. Among them One reason for this is the paralysis of the are Captain Esala Teleni as Commissioner of most important institutions of Fijian society, Police, Captain Viliame Naupoto, as head of the Methodist Church and the Great Council the Immigration Department, Lt Col Iaone of Chiefs, both the traditional bastions of the Naivalarua as Commissioner of Prisons and Fijian establishment. In 1987, and to a lesser Lt Commander Eliki Salusalu as manager extent in 2000, the Methodist Church rallied of the Government IT Centre. Land Forces its supporters behind the coups, promising to Commander Pita Driti is Fiji’s new high make Fiji a Christian state complete with the ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

enforced observance of the Sabbath. Since over of the Vice President, following Ratu Joni 80 percent of Fijians are Methodists, the power Madraiwiwi’s resignation soon after the coup  and reach of the church was considerable. when he refused to facilitate the military’s The church’s task was easier then because plans. The issue was pressing in view of the the ‘Other’ was visibly different: non-Fijian President’s frail condition and indifferent health and non-Christian. Soon after the December and his need for regular medical check ups coup, the Methodists pledged support to the overseas. Normally, the Vice President, and in military, more in hope than conviction that the his absence or unavailability, the Speaker of the military intervention might bring better times.38 House of Representatives, would act as Head of Then the Church leadership went quiet as the State. But since the parliament was dissolved, military imposed its hold on the country. Six there was no Speaker. The Chief Justice, months later, the Church is beginning to assert next in line, was appointed in controversial its views. In June, the Methodist Church and circumstances, the legality of which was the Association of Christian Churches said, before the courts. And he was not a citizen. ‘The nation and our people have suffered The interim administration nominated former enough. It’s only proper that the nation be Speaker of the House and current Minister returned to democratic rule of law at an early for Foreign Affairs Ratu Epeli Nailatikau opportunity.’39 The Methodist Church is for the position. Ratu Epeli is an affable likely to take a harder line against the Interim socialite, unthreatening, apolitical, moderate Administration as it strives to regain its pride and multiracial. The Interim Administration of place in Fijian cultural hierarchy, reflecting regarded his appointment a foregone conclusion, perhaps a hardening Fijian view of the coup the Great Council of Chiefs as little more than as the work of individuals and institutions a rubber stamp. Moreover, cultural protocol opposed to the preservation of fundamental required respecting the President’s choice: he Fijian interests. was, after all, Tui Vuda, the paramount chief Like the Methodist Church, the Great of Western Viti Levu. Confident about the Council of Chiefs too vacillated in the early outcome, the military did no prior consultation days of the coup, giving the military the benefit or canvassing with the chiefs. Bainimarama did of the doubt.40 The military intervention was not attend the meeting. rationalised as part of God’s plan for Fiji. ‘We Following a long-established procedure, need to work hand in hand and move forward the Great Council of Chiefs split up into three as a country so we can rebuild this nation,’ confederacies to consider the nomination. In said Council chair Ratu Ovini Bokini.41 ‘The the end, only Lau, led by Ratu Mara’s son, Ratu Council fully supports the interim ministerial Tevita Uluilakeba, endorsed Nailatikau. The appointments.’ But with time, dissension opposition was led by Kepa who argued that surfaced. Some resentment arose from the the nomination, coming from an illegal Interim disrespectful manner in which Commodore Administration, was illegal. Kepa pre-empted Bainimarama had treated the Council, telling the issue: the matter was before the High the chiefs to refrain from meddling in politics, Court. The Interim Administration’s ineptness to relax and drink homebrew under a tree.42 was part of the reason for the debacle. But Such symbolic humiliation and disrespect for Chairman Ovini Bokini’s inability or failure to the highest umbrella organisation of Fijians orchestrate a consensus solution compounded was unprecedented. Some members of the the problem. One member of the Council told Council were also part of the deposed Qarase me that Council should have kept meeting until government. The most vocal among them was a consensus was reached. Consensus, after Ro Teimumu Kepa, the Roko Tui Dreketi all, is how the Council has always conducted and former Minister of Education. A Fijian its business, though it has to be said that in nationalist and a silent supporter of George the strained, post-coup atmosphere, consensus Speight’s coup, she, along with many others, might not have been possible. Hubris on one was now a transformed and principled democrat side and incompetence on the other won the opposed to Bainimarama’s coup.43 day. The impasse between the military and a The Interim Administration reacted swiftly palpably hobbled and humiliated Council of to the Council’s snub, suspending the Great Chiefs came to a head over the appointment Council of Chiefs on April 12, saying that ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

it ‘will only be reconvened if, and when, rapidly evolving society such as ours. Seldom 10 the interim government sees it appropriate.’44 can Fiji’s highest traditional body have been so Bainimarama denounced the Council as a insulted in the past and, worse still, the culprit haven for anti-coup politicians who were remain neither punished nor even chastised.’47 manipulating it to advance their own personal The Indo-Fijian community was widely, and political agendas. The Council, he if erroneously, accused by many Fijians of continued, was a ‘security threat in our efforts instigating the coup and benefiting from to move the country forward.’45 The GCC’s it.48 In Ratu Joni Madraiwiwi’s words, the suspension caused consternation. But contrary ‘Fijian heartland’ saw the 2006 overthrow to widespread fears, the GCC itself was not as ‘an Indian coup.’49 Some described it as a disestablished. It is a constitutionally recognised Muslim coup given the alleged association body and since the 1997 Constitution remained of some prominent Muslims with the Interim in force, so did the Council. One purpose of Administration.50 The Muslim connection, if the review of the Council’s membership was there was one, was more a coincidence than to orchestrate a more pliant membership of an established connection. Some of the most the Council. But the power of the Minister of prominent opponents of the coup were also Fijian Affairs is limited as most of the fifty five Muslim, such as Shamima Ali and Imrana members of the GCC are elected independently Jalal. The Indo-Fijian community was and still by the provincial councils. Perhaps more than is divided. There were undoubtedly those who seeking to influence the Council, the military were victims of the Qarase government’s race- was attempting to demonstrate its place in based affirmative action policies who saw no the new scheme of things, an altered political reason to mourn its demise. Qarase’s pandering landscape where the Council did not hold its to the nationalist fringe for political success traditional sway and was indeed ‘subservient’ to disenchanted others. Abuse of public funds the government.46 The Council has challenged and public trust reported repeatedly by the its dissolution, and the matter is before the Auditor General and the government’s patently High Court, yet again. indifferent response to them created widespread Beyond the legality or illegality of the issue, dismay in the community. There were some lie broader, more troubling questions. How whose support for the coup was motivated permanent a damage has the military done to by revenge and grudge. But there were also the status and reputation of the GCC? Will it many who were genuinely confused, perplexed be allowed to exercise its proper role without and undecided. They may have approved of political interference or oversight? The Council the removal of the Qarase government, but will also have to reconsider the way it conducts not the method used to do it. Big business its business if it is to retain its national advisory would work with any regime in power, but role. Considering issues of national importance many small businesses suffered the brunt of on a confederacy basis effectively excludes the severe decline in the economy. They had non-Fijians from chiefly discourse. Moreover, no reason to applaud the death of the goose the practice is anachronistic. Population – political stability – which laid the golden egg movement and modernisation of the last half – economic prosperity. century have eroded the power of traditional An example of an Indo-Fijian-led opposition institutions. Their main value is symbolic, but to the coup was the hard-hitting submission the symbolism of confederacy politics does the Fiji Islands Council of Trade Unions not resonate in the daily life of most Fijians. (FICTU), representing 18,000 members of The Council of Chiefs is in a bind, buffeted the total 33,000 unionised workers in Fiji, from within and without, and rudderless in made to the UN Visiting Mission.51 It alerted unfamiliar waters. A Fiji Sun editorial put the the Mission to the abuse of human rights in matter succinctly: ‘Commodore Bainimarama the country, and the ‘misery and suffering is no respecter of chiefly tradition and protocol. of the ordinary citizens, the working class, To commit such acts [snubbing the GCC] and farmers and the under-privileged.’ It proposed get away with them will be widely seen as a the removal of Commodore Bainimarama massive insult. But it is also represents a heavy as prime minister to enable the President to blow to the status and standing of the chiefs appoint a ‘qualified civilian as interim prime and tends to undermine their relevance in a minister’ and replacement of politicians and ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

failed candidates in the 2006 elections in the hold the Qarase Government blameless in this Interim Administration by ‘qualified civilians crisis either – it has a track record of illegal 11 of repute.’ Further, the Council urged the activities over the past six years.’54 It too had preservation of the 1997 Constitution and a been singed by the ongoing conflict with the speedy return to parliamentary democracy. The Qarase government, questioning its legality and FICTU was not alone in its critical response to constitutional foundation. Perhaps that bruising the coup. experience tempered its response. It preferred The National Federation Party, representing ‘engagement’ with the military and the Interim about 15-20 percent of the Indo-Fijian Administration to public confrontation. population, was equally forthright in its By far the most vocal among the non- denunciation. The party ‘condemned the coup governmental organisations were the Fiji from day one and continues to do so,’ it told the Women’s Rights Movement headed by Virisila UN Visiting Mission.52 The December coup was Buadromo and the Fiji Women’s Crisis Centre not a ‘clean-up campaign as the military and headed by Shamima Ali.55 AusAid-funded, the interim administration claim it to be. Just the Centre’s primary function is to offer like the previous coups, it is about power, even counselling and other practical help to women if it means achieving it through the barrel of the suffering from violence, abuse and harassment gun. The fact that the key players in the current and to educate the public about gender issues. administration are those who either badly lost After the December coup, Ali became an in the last general elections or came out second outspoken critic of the military takeover and best is testimony to this fact,’ the party said, the ensuing violation of human rights. Ali was urging the United Nations to work towards also a commissioner of the Fiji Human Rights a speedy return to parliamentary democracy Commission, publicly at odds with its director in Fiji. There were many in the Indo-Fijian Shaista Shameem. Indeed, Ali authorised the community who shared that thought. release of an anonymous response to Shameem’s report rationalising the coup. Response of the Civil Society But not all non-governmental organisations were critically disposed to the coup.56 Among the most notable was the Ecumenical Centre for Non-governmental organisations have Research, Education and Advocacy, founded in played an important role in Fiji’s public life 1990 by Reverend Paul Niukula ‘to address in the last two decades. Some are single- the social, religious, economic and political issue organisations while others have a broader issues that confront Fiji.’57 Its current director, mandate. Soon after the coup, some NGOs Fr Kevin Barr, has done pioneering work on attempted to form a broad-based anti-coup poverty in Fiji, and was a strong critic of the coalition and even sent a delegation to the Qarase government’s race-based affirmative military. They suggested the appointment of action policies. Barr asked whether a military a representative Presidential Commission of overthrow of an elected government which was Truth, Justice and Reconciliation to, among racist and discriminatory was necessarily an evil other things, ‘clarify the Truth regarding thing. If the coup in fact led to improvements the events of 2000 coup and mutiny’ and in human rights and social justice, and to to consider ways of ending ‘this abhorrent the alleviation of poverty and eradication of cycle of coups and attempted coups, and to corruption and racial discrimination, should put in place concrete measures to ensure the it be considered such a bad thing after all? prevention of such conflicts in the future.’53 Under the Qarase government, Barr argued, The Citizens Constitutional Forum, formed democracy was being seriously undermined. in 1993 and active for years in the defence ‘Democracy was being manipulated in the of human rights and good governance, also interests of a group of extreme nationalists and condemned the coup though in decidedly (and rich elites. It was not working in the interests uncharacteristically) measured tones, in marked of all Fiji citizens. There was little concern for contrast to its previous ringing denunciations the poor, the ordinary workers, and for Indo- of the past coups. On December 4 it said Fijians. There was serious mismanagement and the coup would be illegal, but then in the some evidence of corruption. Hence although same breath added that ‘the CCF does not democratically elected by a small margin, the ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

Qarase government was a not a democracy citizens with an international public service 12 that worked in the interests of all the people background, formulated a charter to assist the and sought to bring about justice for all.’58 government in drawing up a national plan The last, Barr continued, is of paramount for a better Fiji. Thoughtful and visionary importance. ‘The aim of democracy is surely to Building a Better Fiji for All: A People’s build a just society – the ordering of society to Charter for Change and Progress, outlined bring about social justice for all. If this does not steps and programs necessary to ‘rebuild Fiji happen, does that ‘democracy’ deserve to stay in into a non-racial, culturally-vibrant and united, power? Yet how can it be removed particularly well-governed, truly democratic nation that when it has a history of manipulating the race seeks progress and prosperity through merit- card and possibly tampering with the electoral based equality of opportunity and peace.’60 Six process?’ Barr saw promise and opportunity in National Task Teams would look at specific Bainimarama’s coup and counselled patience areas to accomplish the overarching goal: good and understanding. His views, expressed in governance, the economy, reform of the public newspaper columns, attracted criticism from service, reform of financial institutions, land opponents and planted the suspicion that many and land utilization, and social and community Catholics were like-minded and supported the sectors. Each of the six Task Forces would be coup.59 co-chaired by a representative of the Interim Barr’s position raises many troubling Administration and one from outside the questions. Which government, except in utopian government. The National Council itself would democracy, works in the interests of ‘justice for comprise forty members, twenty five from all?’ Which government in Fiji has ever worked Fiji’s civil society, thirteen from the Interim ‘in the interests of all the people of Fiji?’ And Administration and two co-chairs. which government has not manipulated the The vision the Charter endorses is race card? This does not excuse the Qarase unexceptionable. There can be no argument government’s record, it simply puts the issue with the view that ‘the vast majority of Fiji’s in perspective. The race based electoral system people aspire for and deserve a country, provided the incentive for ethnic manipulation, including a system of governance, that is and Qarase like other leaders in the past, characterised by stability, transparency and including Mahendra Chaudhry, played it to his accountability, as well as the prevalence of advantage. Proposing solutions to deep-seated law, order and peace.’ Nor could one argue that problems at gunpoint, without the support of the ‘Fiji needs to become a more progressive and a majority of the population, is both myopic as truly democratic nation; a country in which its well as counterproductive. Military intervention leaders, at all levels, emphasize national unity, exacerbates ethnic tension and hostility, and racial harmony and the social and economic without inter-ethnic accommodation and advancement of all communities regardless of understanding, there can be no resolution race or ethnic origin.’ The spirit of the vision of Fiji’s deep-seated problems. Peoples’ enunciated by the Council is already part of participation in formulating and resolving the ‘Compact’ of the 1997 Constitution which problems is important, within the overarching specifies broad principles for the governance of framework of parliamentary democracy. What the country. The real problem for Fiji is not the Barr ignores is that the military has set itself vision but the willingness of its leaders, both up as the ultimate guardian and arbiter of the military and civilian, to respect the rule of law. national interest, over and above everyone The preponderance of civil society else. What happens if a democratically elected representation in the National Council posed government fails to live up to the military’s a problem. The National Council idea was expectations in delivering social justice civil society inspired and supported principally programs? Strengthening the basic tenets of by the Citizen’s Constitutional Forum among parliamentary democracy, respecting the verdict the NGOs, but did it have to be civil society of the ballot box in free and fair elections, is a dominated as well? The inevitable question better way to resolving the country’s problems would be asked about the mandate of the civil than the short-cut of military intervention. society organisations to propose far-reaching In April 2007, a group of non-governmental changes to the governance of Fiji. Neither the organisations and some interested former Fiji SDL (which has declined to participate) nor ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

the National Federation Party was invited to the work of the Ravuvu Constitution Review participate when the Charter was first circulated. Committee in 2001. 13 Their absence from the Council detracted from its credibility and legitimacy as a broad-based External Response group. The Methodist Church, with around two hundred and fifty thousand members, rejected the idea of an unelected National Council The military did not expect the kind of and wanted its implementation ‘immediately uproar it provoked among Fiji’s neighbours stopped,’ and Fiji returned to democratic rule and international trading partners when it ‘at an early opportunity.’61 executed the coup. After all, its rationale for The Council proposed to act as a moral the military intervention was good governance, watchdog over the policies and performance and the promotion of a ‘corrupt-free’ society. of the government. But what would be the The military had not conducted a coup, it role of the parliament or political parties in had started a ‘clean up campaign.’ It was that case? And what if the policies of the doing precisely what the aid agencies and elected government of the day were at variance neighbouring countries had wanted from the with those espoused by the National Council? island governments all along. The reaction Idealistic and utopian, the Charter effectively particularly from Australia, New Zealand but sought to remove the practice of politics also from the United States and the European in the processes of governance. Ratu Joni Union, was sharp and unequivocal. Whether Madraiwiwi’s questions were asked by many. Australia and New Zealand could have done ‘Is this a genuine effort at drawing the people more to prevent the crisis remains an open of Fiji together? Or is it merely an attempt by question, though susceptible to doubt given the Interim Government and its cohorts to cloak Bainimarama’s disposition. Nonetheless, one 62 them in some mantle of popular acclaim?’ observer remarked that ‘Canberra appeared There was a further question: Did an more intent on stopping a military intervention Interim Administration have the constitutional than addressing the causes of the deepening authority to promulgate policies of far reaching volatility,’ with John Howard’s ‘repeated support significance? In an important ruling in 2001 for his Fijian counterpart [giving] no incentive concerning the legitimacy of the Asesela Ravuvu for Qarase to modify his domestic agenda.’64 Constitution Review Committee appointed by New Zealand’s reaction was probably coloured the Qarase-led Interim Administration, Justice by Bainimarama’s reneging on a truce it had Anthony Gates wrote: brokered between him and Laisenia Qarase in Unusual programmes of expenditure or late November, 2006. reformist projects are the prerogative Both Australia and New Zealand of an elected government. A lawful condemned the military takeover in ringing government needs to be buttressed by terms, imposing travel bans on members of holding the confidence of the House of the Interim Administration, their families Representatives, and by acting within and all who accepted appointments from it the Constitution with the two other or were identified as its sympathisers and bodies of parliament, namely, the Senate supporters. The military’s place was in the and the President. Moving in advance of barracks, Australian Foreign Affairs Minister the will of Parliament in reformist fields, Alexander Downer told Bainimarama firmly, however well-intentioned, is not an act not in the political arena.65 New Zealand which the courts will validate under the banned all ministerial level talks with Fiji, necessity doctrine. The authorisation tightened travel restrictions on military for the expenditure of public funds for personnel and civil servants appointed by the such reform work is similarly outside Interim Administration, froze the new Seasonal the permitted scope of work of a Employer Scheme which would have provided caretaker Cabinet. Such authorisation is Fiji workers temporary visas to work in New 63 unlawful.’ Zealand, cancelled training for Fiji soldiers, and Justice Gates’ judgement is as relevant to the stopped new development assistance schemes case of the People’s Charter promoted by the and suspended training programs for Fiji’s Interim Administration as it was in stopping public sector under the regional governance ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

programs.66 A new low in diplomatic relations January 2007, saw the Fiji crisis as essentially 14 between Fiji and New Zealand was reached an ‘internal matter’ to be resolved by the people in mid-June 2007, when Fiji expelled New of Fiji itself, warning against any foreign Zealand High Commissioner Michael Green intervention.70 Its response was probably for ‘being in our face’ since the coup, according coloured by the Melanesian countries’ criticism to Commodore Bainimarama. Green was, of Australia’s policy in the region, especially by wide consensus, an exemplary diplomat, its mounting confrontation with the Solomon unobtrusive and informed and accessible to Island Sogovare government and a diplomatic the public. The Interim Administration, citing rift with Papua New Guinea. But their limited the Geneva Convention, refused to elaborate.67 and vague support was short-lived when it As the Fiji Times put it, ‘The military and the dawned on them that Fiji’s sickness was bad for interim Government must have known that regional cooperation generally. The hardline their actions were not going to be greeted with adopted by Australia and New Zealand might joy by much of the rest of the world. They must also have shifted their thinking. On 1 December have known and expected criticism. Maybe it 2006, the Forum Foreign Affairs Ministers met has been a harder road than they anticipated.’68 in Sydney to discuss the impending crisis and It was. resolved to send an Eminent Persons Group The travel bans have had an immediate (EPG) to Fiji to assess the underlying causes and decisive effect. Many qualified people and the nature of the overthrow of the Qarase in Fiji have refused appointment from the government, and ‘to recommend steps towards Interim Administration for fear of being the restoration of democratic government, banned from travelling to these countries, within the boundaries of the Constitution and where many have close families. Many senior the rule of law.’71 The four-person EPG was civil servants and police vie for lucrative chaired by Vanuatu’s Foreign Affairs Minister jobs in international organisations and security and Deputy Prime Minister Sato Kilman and contracts with international security services comprised Faumuina Liuga, Samoa’s Minister which they would not wish to risk. Labour for Natural Resources and Environment, Sir mobility is a fact of life in Fiji and the diasporic Arnold Amet, retired Chief Justice of Papua dimension of the crisis is real. Travel bans New Guinea and General Peter Cosgrove, have similarly discouraged foreign nationals retired Chief of the Australian Defence Force. from accepting positions in an administration The EPG report was blunt. The military their own countries regard as illegal. There is takeover of the Qarase government was a conundrum here. Australia and New Zealand ‘unconstitutional and unacceptable,’ it said. want to promote good governance and a speedy The military should retreat to the barracks return to parliamentary democracy and yet and civilian rule restored as soon as possible, their (perfectly understandable) policies and Bainimarama should vacate the position reactions hinder the outcome they desire. On of Interim Prime Minister and the State of the Fijian side, a military which has overthrown Emergency should be lifted. Further, the EPG a democratically elected government professes report called on the military to continue to uphold puzzlement at the reaction of the international the constitution, respect Fiji’s domestic and community to its extra-legal action despite international obligations, cease interference in its plans to promote good governance, even the work of the judiciary and other accountable if it is under the cover of guns. Is there room institutions and to end all abuse of human for a middle course between indignation and rights. The Interim Administration was asked to engagement, between the legitimate defence adopt a ‘roadmap with measurable milestones, of fundamental principles on the one hand and which included holding general elections a pragmatic appreciation of the realities on the between eighteen months to two years, if not ground on the other? A ‘slowly recuperating sooner,’ and de-linking the military’s ‘clean- constitutional convalescent’ needs all the help up campaign from a national time-table for it can get.69 elections ‘except in those areas directly related The countries of the Pacific Islands reacted to the electoral process.’ cautiously to the coup in the beginning. A The Interim Administration’s response to meeting of the Melanesian Spearhead Group’s the EPG report was measured,72 with the Forum Ministers of Foreign Affairs in Honiara in mid- Foreign Ministers meeting in Vila on 6 March ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

2007, recommending that Forum maintain a commitment or a tactical ploy to deflect public ‘staged process of engagement with the interim criticism remains to be seen. Australia and 15 administration.’73 To that end, the Ministers set New Zealand remained unconvinced. ‘It is up a ‘Pacific Islands Forum-Fiji Joint Working very likely now that Australia, New Zealand Group on the Situation in Fiji’ among whose and other democratic countries that deal with tasks was to assess whether an election could us will take a much closer look at the situation be held based on the current boundaries and and withdraw even further, taking with them register within the time frame specified by the more of their aid money and their trade,’ wrote EPG.74 The Group reported in May that ‘from a the Fiji Times. ‘Where they will differ from the technical point of view,’ parliamentary elections views held by Commodore Bainimarama is that could be held in the first quarter of 2009, or they will see a former democratic country now even earlier (November 2008) if the Bureau ruled by the gun, no matter what ‘shopfront’ of Statistics were able to conduct an earlier the regime puts up. Military men are in most of census. The second major recommendation the key positions of power in the civil service was for ‘minimal changes to the current and the interim Cabinet cannot be seen as electoral provisions and procedures before the independent.’78 next election.’ Only those changes designed to The timing of the general election is crucial reduce or eliminate abuse in the campaign and in the context of Fiji’s ongoing aid negotiations the voting process to ‘reflect the voter’s clear with the European Union. The EU matters to intention’ were to be contemplated. Fiji. Fiji sells sugar to it under a preferential The Group’s recommendation conflicted agreement, and its aid to Fiji’s ailing sugar with the Interim Administration’s own Road Map industry is estimated at around $400 million.79 for the Return to Parliamentary Democracy.75 In April 2007, when a Fiji delegation led by According to that document, Fiji would be Foreign Affairs Minister Ratu Epeli Nailatikau ready for general elections and full restoration (and including Finance Minister Mahendra of parliamentary democracy only in 2010 (or Chaudhry and Attorney General Aiyaz Saiyed- possibly later), after the country’s finances Khayium) went to Brussels, the EU reiterated were stabilised, the economy resuscitated, Article 9 of the ACP-EC Cotonou Agreement and electoral boundaries drawn up after a that ‘Respect for human rights, democratic new census. The Interim Administration also principles and the rule of law constitute envisaged a review of the Constitution to rid the essential elements of the Partnership it of ‘provisions that facilitate and exacerbate Agreement.’80 The EU undertook to ‘continue the politics of race.’ But these fundamental and deepen the political dialogue with Fiji’ changes, desirable though they might be, could provided certain conditions were met. These not legitimately be undertaken by the Interim included respect for democratic principles, Administration; that was the responsibility of including holding parliamentary elections by an elected parliament. Whatever else may be March 2009, consulting widely within Fiji the case, the next general elections in Fiji would before adopting major legislative changes, have to be held under the 1997 Constitution. respecting the rule of law and protecting After weeks of silence, Commodore human rights and fundamental freedoms of Bainimarama issued a confusing series of its citizens, and protecting the independence statements in mid-June. First, he rejected any and integrity of the judiciary, among other externally imposed timeframe for holding similar undertakings. Any derogation from the next general election.76 Fiji, and not the the undertaking Fiji has given will jeopardize international community, would decide when future aid to Fiji. This fear haunts the nation: the elections are held, he said. Two days later, the loss of aid for an industry whose collapse he told a news conference that elections would would cripple the country. The EU (and be held after the President’s Mandate (see Australia and New Zealand for that matter) above) had been fulfilled and the objectives of will not relax sanctions until Fiji goes beyond December 2006 accomplished.77 A day later, he the ‘in-principle’ undertaking it has given to agreed, ‘in principle’ that general elections could returning Fiji to parliamentary democracy in be held within the time frame specified by the the specified time frame. EU’s Commissioner EPG provided the international community lent for External Relations, Benita Ferrero-Waldner, Fiji a helping hand. Whether this was a genuine has said that the ‘most important thing is to see ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

whether the commitment will materialise.’81 to attack tourists to bring that industry to its 16 Frustrated with outside pressure to meet knees. Other sites name and shame people that the deadlines and honour its undertakings, they think support the coup. Yet others seek to Commodore Bainimarama has threatened to foster dissent in the ranks of the military. The postpone elections indefinitely.82 That will enemy is identified, targeted, vilified, judged compound Fiji’s already considerable economic and hanged. It is verbal warfare at its most problems, and corrode its vital relationship brutal and visceral. with its powerful neighbours. When they first appeared, most sites condemned the coup as the work of a power Warfare in Cyberspace crazed ‘military junta.’ But with time and especially after Madraiwiwi’s address in early June 2007, a new interpretation began to emerge, The reaction to the 2006 coup is different insidiously portraying the military overthrow from responses to previous coups in many as an ‘Indian’ coup against the Fijian people. ways but one is novel, the intervention of Mahendra Chaudhry was identified as the the cyberspace. In 1987, the latest invention villain of the piece and he became the object of was the facsimile machine, which allowed vitriolic anger of the anti-coup bloggers. In the the military effectively to shut down Fiji’s minds of most anti-coup bloggers, Chaudhry’s contact with the outside. In 2000, the national connection to the coup has been irrevocably boundaries were more porous with the advent established. The blogsites seem to reflect a of the e-mail, transmitting massive amounts wider, developing Fijian view of the coup as of information in real time. In 2007, the being fundamentally anti-Fijian as opposed to most notable innovation was the emergence being anti-Qarase government. Bainimarama’s of ‘blogsites,’ enabling ordinary people with derisive treatment of the Great Council of access to the internet worldwide opportunities Chiefs has touched a raw nerve and inflamed to exchange news, ideas, information, and passions which may be difficult to subdue in comments about political developments in Fiji the short term. A potentially dangerous chasm, without the mediation of state licensing or with grave implications for future inter-ethnic the authorization of gate keepers and agenda- accommodation, seems to be opening. setters of the mass media.83 The speed of cyber communication is astounding – and Where to Now? confounding. The sites differ in the depth and range of coverage and commentary, but all condemn the With the lifting of the Public Emergency coup to varying degrees. Many carry opinions Regulation on 1 June 2007, the first phase and information in the Fijian language which of the crisis came to an end. In that period, suggests that they are run by indigenous there were violations of human rights which Fijians or others intimately familiar with brought condemnation from local activists as Fiji language, culture and protocol. As with well as international organisations. There was cyberspace generally,84 some of what passes evident tension in the vital organs of the state, for accurate information or analysis is petty as well as fear and uncertainty in the public prejudice and partiality, sometimes defamatory, sector as people were fired or sent on leave frequently vituperative, always provocative, pending investigation. The prosecutions are on occasions treasonous.85 One website on 20 still pending. The violent deaths of young June 2007 advised its readers thus: Destabilize Fijian men in either military or police custody the country. Make it ungovernable. Every act of – Nimilote Varebasaga, Sakiusa Rabaka and resistance you engage in makes it difficult for Tevita Malasabe –aroused profound public the regime to govern and stay in control. The anger and anguish about the ‘stunning sounds government is economically unstable, so your of silence from top-down,’86 and about the objective should be to completely destabilize slow pace of investigation into these tragedies. that economic fulcrum. Attack businesses that The blame was laid at the door of the Interim make money for the regime, the site encouraged Administration. The state of law and order is its readers. Attack their assets. A few days critical to its future. later, the same website encouraged its readers ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

There are other challenges as well. For a unemployment and poverty levels in the country start, a number of cases contesting the legality (around 34 percent in 2002-03 from around 29 17 of the military takeover will come before the percent in 199188) will make their resolution courts in the next few months. On the face difficult. With talks of retaliatory trade and of it, the verdict looks certain: how could it aid bans in the air, writes the Fiji Times, ‘the be otherwise? But whether the military will nation watches as the economy continues to respect it is another matter. Bainimarama has slump and more families feel the effects of made it abundantly clear that ‘Qarase will not redundancies, reduced working hours, pay cuts come back,’ while the deposed Prime Minister and the reduction of financial assistance meant is determined to remain in political harness, for the poor and the underprivileged.’89 convinced, with justification, that he has the Fiji has experienced an emotional roller support of the silent Fijian majority. Whether the coaster ride over the last twelve months. First verdict of the courts will unravel the initiatives there were the general elections conducted, it is instigated by the Interim Administration (such widely agreed, in a free and fair manner. Then as the Fiji Independent Commission Against there was the euphoria caused by the advent Corruption) and order the status quo reinstated, of the multi-party cabinet. Genuine multi- or whether the military will simply abrogate ethnic reconciliation seemed within reach. But the Constitution to legalise the revolution it then came the coup and with it a drastically began, remain questions to be watched closely. altered landscape. Over the past six months, the Equally closely watched will be the Interim Interim Administration has made a strenuous, Administration’s various commitments to but ultimately failing, attempt to entrench itself donor organisations, such as the European in the public consciousness as an instrument Union, particularly about returning Fiji to early for the good of the country. Some of its leading parliamentary democracy. The international lights are too tainted by chequered pasts or community is not likely to let up on Fiji private ambitions for power and glory to have anytime soon, nor be lulled into complacency any chance of winning public affection or by insincere promises. esteem. Important institutions of the state have If returning the country to parliamentary been politicised, their impartiality impaired, democracy is one major challenge for the Interim their effectiveness undermined. A third of the Administration and for the people of Fiji as a nation is living in poverty. Squatter settlements whole, another is to revive the economy. The are mushrooming. An escalating war of ailing state of Fiji’s sugar industry, requiring words between the Interim Administration’s regular and massive infusion of funds, is too supporters and opponents is filling the air well known to require mention. A lot here will (and the cyberspace) about whether the coup depend on Fiji abiding by the undertaking it is the best or the worst thing that could has given to the European Union. The severe have happened to Fiji, whether Commodore downturn in the tourism industry, expected, Bainimarama is the saviour of the nation or its after the coup, has dented Fiji’s economic destroyer, whether from the ashes of the coup prospects, though it will bounce back when the phoenix will eventually rise in the form of a political stability returns. The Governor of truly representative democracy unencumbered the Reserve Bank of Fiji, Savenaca Narube, by the politics of race and ethnicity, whether, has identified three other major challenges to in the end, the coup was worth all the pain the Fijian economy.87 The first is the low rate and suffering it caused. Time will tell. In of growth at around 2.4 percent over the past the meanwhile, half of the Fiji population, five years, whereas double that rate is needed disaffected, disenchanted and disapproving of to absorb the school leaving population. The the unfolding events, watches in sullen silence. second challenge is to raise the investment in Brooding. the economy to over 25 percent of the Gross Domestic Product, and to promote more local investment. And the third is to narrow the widening gap between import and export. None of these problems are insurmountable, but the current atmosphere of uncertainty and anxiety about the country’s future, the deepening ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

Author Note to Coup in Fiji: the 2006 Campaign and Its Aftermath 18 (Canberra: Asia Pacific Press, 2007), 111-143. 7 Quoted in Venkat Iyer, ‘Courts and Constitutional Brij V. Lal is Professor of Pacific and Asian Usurpers: Some Lessons from Fiji,’ in Dalhousie History in the Research School of Pacific Law Journal 28: 1 (2005), 37 and Asian Studies at The Australian National 8 University. He was a member of the three- Ibid. See also Iyer, ‘Restoration Constitutionalism in person Fiji Constitution Review Commission the South Pacific,’Pacific Rim Law & Policy Journal whose report forms the basis of Fiji’s 1997 15: 1 (2006), 60. multiracial Constitution. Among his many 9 One cause of friction was Chaudhry’s demand that books on Fiji are Broken Waves: A history of his ministers in cabinet be answerable to him, not the the Fiji Islands in the 20th Century (1992), prime minister. He eventually sacked several of them Another Way: The politics of constitutional for bringing the party ‘into disrepute’ for questioning reform in post-coup Fiji (1997), and Islands of his leadership. Turmoil: elections and politics in Fiji (2006). 10 Raised, among others, by this writer in the Fiji He is currently working on a biography of the media. Fiji statesman Jai Ram Reddy. 11 Quoted in Iyer, ‘Courts and Constitutional Usurpers,’ 55-56. See also George Williams, ‘The case that Endnotes stopped a coup? The rule of law in Fiji,’ 2003 Quentin-Baxter Memorial Trust Lecture, Victoria University of Wellington, 27 November 2003, 11- 1 The quoted words are from Commodore Frank 12. Bainimarama’s address to the nation on 5 December 12 Fiji Times, ‘Lawyers must cry freedom to challenge 2006, announcing the military takeover of the in Fiji,’ 9 June 2007. government. I thank Anthony Regan for asking me 13 These appeared in all the dailies in Fiji. to write this paper and for his valuable editorial 14 suggestions. For comments and advice for revision, His closest Labour ally and often his spokesman, I am grateful to Rod Alley, Satish Chand, Ian Lekhram Vayeshnoi, Interim Minister for Youth and Campbell, Jon Fraenkal, Padma Lal, Peter Larmour, Sports, described the coup as a ‘Godsend.’ See ‘2006 Vicki Luker, Robin Nair, Bob Norton, Biman Prasad coup was a godsend: Vayeshnoi’, 21 June 2007, and Robbie Robertson. They have been generous http://www.fijilive.com. and constructive and frightfully candid: I could not 15 Fiji Times, ‘A strange twist of fate,’ 10 January have asked for anything more. The usual disclaimer 2007. applies. 16 Daily Post, ‘It’s illegal, Chaudhry,’ 6 December 2 The causes of the 2006 coup are considered in my 2006. See also Fiji Sun, 9 December 2006: ‘I will ‘Anxiety, Uncertainty, and Fear in Our Land: Fiji’s not be part of anything that is not constitutional.’ road to Military Coup, 2006,’ in Round Table, 96: Chaudhry’s supporters raise the Mara defence, ‘My 389 (April 2007), 135-153. country needs me.’ 17 3 From a typescript of Ratu Josefa Iloilo’s speech The last portfolio was taken away from him by his circulated to the media. arch rival, former Labour member of parliament expelled from the party for insubordination, Poseci 4 Quoted in a letter to the editor, ‘President’s Speech,’ Bune. Fiji Times 6 January 2007. 18 Fiji Times, ‘Sugar industry posts queried,’ 16 June 5 Section 96 (1) of the Fiji Constitution provides that 2007. ‘in the exercise of his or her powers and executive 19 authority, the President acts only on the advice of This is Ratu Joni Madraiwiwi’s description of average the Cabinet or a Minister or of some other body Fijian perceptions in a talk, ‘Mythic Constitutionalism: Whither Fiji’s course in June 2007,’delivered at the or authority prescribed by this Constitution for a Australian National University, 5 June 2007. particular purpose as the body or authority on whose advice the President acts in that case.’ 20 Interview on ABC Lateline, 23 November 2006. 21 6 For a discussion of the PRTU Bill, see Mosmi Bhim, As part of the Fijian ‘Blueprint’ designed by the ‘The impact of the Promotion of Reconciliation, Qarase government to offer assistance to indigenous Tolerance and Unity Bill on the 2006 elections,’ in Fijians lagging behind in various fields. Jon Fraenkel and Stewart Firth (eds), From election ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

22 ‘The Assumption of Executive Authority on December 35 For instance, Colonels Kacisolomone and Lomaloma 5th 2006 by Commodore J.V. Bainimarama, and Kaukimoce. Isekia Savua was posted as Fiji’s 19 Commander of the Republic of Fiji Military Forces: representative to the United Nations. Legal, Constitutional and Human Rights Issues,’ By 36 See Daily Post, ‘Militarising our police or policing Doctor Shaista Shameem, Director. This report is the military,’ 13 June 2007. The collapsing morale in widely available on several websites. It was published the civil service was the subject of Jioji Kotabalavu on 4 January 2007. in his address to the Australian National University 23 Quoted in my Islands of Turmoil: Elections and on 5 June 2007. Politic in Fiji (Canberra: Asia Pacific Press, 2006, 37 In fact, various projections put the Indo-Fijian 220). population at around 37 percent – and declining. 24 Among them Ted Young of the SDL Party who 38 Fiji Sun, ‘Methodists pledge support,’ 11 January was questioned at the barracks. Shamima Ali is 2007. one who does not believe in the impartiality of the 39 ‘Churches want early return to democracy,’ 13 June Commission’s investigations. 2007, http://www.fijilive.com. 25 A Response to the Fiji Human Rights Commission 40 An overarching consideration of the GCC is in Robert Director’s Report on the Assumption of Executive Norton, ‘The Great Council of Chiefs in Fiji’s Era of Authority by Commodore J V Bainimarama, Crisis and Reform,’ in press. Commander of the Republic of Fiji Military Forces. 41 Fiji Sun, ‘Chiefs Approve,’ 11 January 2007. Several Undated, but it was written around mid-late January. chiefs from western Viti Levu trooped up to the Queen 26 For more discussion, see my Islands of Turmoil, 200- Elizabeth Barracks to show their ‘appreciation’ to the 201. military. 27 Republic of Fiji Military Forces press release, 15 42 Bainimarama himself is a chief though he does not January 2007. use the honorific chiefly title ‘Ratu.’ 28 ‘Report of visit to Fiji by LAWASIA Observer 43 She was not alone in her new found respect for law Mission, 25-28 March 2007. and order and the rule of parliamentary democracy. 29 This is from a media release issued on 6 December Among the more astonishing example was Mere 2006. Samisoni, a SDL member of parliament and a 30 Justice Shameem is Dr Shaista Shameem’s younger prominent Speight sympathiser. sister. 44 Fiji Times, ‘State suspends GCC meetings,’ 13 April 31 See Fiji Times, ‘Gates Broke Trust: Fatiaki,’ 18 2007. See also Fiji Daily Post, ‘The vestige of Fijian January 2007. ‘How Gates reached the top,’ in identity,’ 15 April 2007. Fiji Sun, 5 March 2007, reveals the contents of 45 ‘Address by the Interim Prime Minister Commodore confidential minutes of the proceedings which led to Voreqe Bainimarama,’ 12 April 2007, on Republic of Gates’ appointment. Fiji Military Forces website, 31 May 2007. 32 ‘Opinion Re Judicial Services Commission of Fiji 46 This is the assertion of Interim Fijian Affairs – Recommendation for Appointment of Acting Chief Minister Ratu Epeli Ganilau. See Fiji Times, ‘Chiefs Justice, ‘ by James Crawford SC, Whewell Professor subservient to State: Minister,’ 9 June 2007. International Law, University of Cambridge and 47 Fiji Sun, ‘A blow to tradition,’ 9 December 2006. Barrister, Matrix Chambers, Gray’s Inn. The Opinion 48 Daily Post, ‘Where to Now, Bainimarama,’ 13 June was issued on 20 February 2007. Another (similar) 2007, for a representative expression of this view. advice came from James Dingemans, QC of James 49 Hawkins, Temple, London. In his address to the Australian National University, 5 June 2007. 33 Among others by Poseci Bune and Dr Jona 50 Senilagakali, both members of the present Interim The list includes the Attorney General (Khaiyum), a Administration. Bune was head of the Public Service controversial High Court Judge (Nazhat Shameem), Commission while Senilagakali headed Foreign Director of the Human Rights Commission (Shaista Affairs. Shameem), Military’s Chief Legal Advisor (Colonel Aziz), lawyer and recently appointed chairman of the 34 Among them were Jioji Kotabalavu, chief executive Electoral Commission Dr Sahu Khan. officer in the Prime Minister’s office, Solicitor 51 General Nainendra Nand and the chief executive Fiji Islands Council of Trade Unions, Submission to officer of the Public Service Commission Anare the UN Mission, 27 April 2007. The mission was sent Jale. to make an independent and confidential assessment 67 In April, Commodore Bainimarama refused to of the situation in Fiji. see a visiting senior US State Department official 52 National Federation Party, Submission to the United and threatened to open up Loftus street (where Nations Fact Finding Mission, 24 April 2007. the American embassy is located) to the public, only to retract his threat when the enormity of the 53 From a draft of press release. The NGOs represented consequences of his action dawned upon him. So the in the coalition included femLINKPACIFIC, Fiji threat of reprisal against foreign embassies was not Women’s Rights Movement, Fiji Women’s Crisis new. Centre, Citizens Constitutional Forum and Pacific 68 Centre for Public Integrity. Fiji Times (editorial), 15 June 2007; Bainimarama’s reaction is reported in the Fiji Times, 19 June 2007. 54 See http://www.ccf.org.fj, 4 December 2006. 69 These apposite words are Rod Alley’s, private 55 See their website http://www.fijiwomen.com. communication, 20 June 2007. 56 Most human rights NGOs seem to oppose the coup 70 MSG Ministers of Foreign Affairs Meeting: Outcome while those concerned with social justice seem to Statement, 13 January 2007; Also Radio New Zealand support it. International, 15 January 2007. 57 See ECREA’s website at http://www.ecrea.org.fj. 71 This formed the core of the EPG’s Terms of 58 Fiji Times, Kevin Barr, ‘A flawed Democracy,’ 9 Reference. The report, marked for ‘Forum Eyes April 2007; see also his ‘Does democracy benefit Only: Confidential’ was leaked to the media and people,’ Fiji Sun, 3 April 2007. published on the internet the moment it was printed 59 See Archbishop Petero Mataca, ‘Let’s put common and long before it was formally submitted to the good first,’ Fiji Times, 29 September 2006, where Forum Ministers meeting for their deliberation. Such he expressed criticism of the Qarase government’s is the reach and power of the internet. resource policies. See also hi ‘Reflections on 72 Although the Fijian Wing of the Fiji Labour Party Democracy,’ Fiji Times, 3 July 2007, where he urges described the EPG report as ‘a piece of rubbish, its his readers not to be ‘obsessed with being politically spokesperson, Maika Moroca, saying ‘The so-called correct’ about ‘the legality of this or the illegality Forum Persons Group can go to hell with their report of that,’ but to ponder about ‘higher goals.’ For an because it does not hold recommendations that early optimistic assessment of the coup, see Andrew are constructive enough to enable Fiji’s economic Murray, ‘Observations on the Current Situation in recovery and return to democratic rule without Fiji, 26 January 2007, typescript sent to the author. corruption’ (Fiji Times, 20 February 2007). It is highly Murray is Senior Lecturer in Philosophy at the unlikely that this statement could have been released Catholic Institute of Sydney. without the tacit approval of the party hierarchy. 60 The document was initially for restricted circulation 73 Forum Foreign Affairs Ministers’ Meeting, 16 March but later posted on different websites, including 2007, Port Vila, ‘Outcome Statement,’ PIFS (07) fijilive.com. FFAMM.3 61 ‘Regime’s plan illegal, says Methodists,’ 13 June 74 The Group was chaired by Papua New Guinea’s High 2007, http://www.fijilive.com. See also Vereniasi Commissioner to Fiji. The Expert Group was co- Raicola, ‘Questions for the charter,’ Fiji Times, 21 chaired by Dr Paul Harris (NZ) and Barrie Sweetman June 2007. (Fiji). Its two other members were Dr Kesaia Seniloli 62 Address to the Australian National University, 5 June (Fiji) and Bruce Hatch (Canada). Titled ‘Report of 2007. the Independent Assessment of the Electoral Process 63 Quoted in Iyer, ‘Courts and Constitutional Usurpers,’ in Fiji, 14-25 May 2007’ is available on fijilive.com 65. and other websites, though this document, like many others cited in this essay, was sent to me by email. 64 Richard Herr, ‘External Influences and the 2006 Fiji 75 Military Coup,’ unpublished paper. See also Steven Described in a speech by Commodore Bainimarama Ratuva, ‘Coups and international reaction,’ posted on at the Queen Elizabeth Barracks on 20 February http://www.fijilive.com. 2007. 76 65 Fiji Times, ‘Downer shares views on Fiji,’ 22 June Fiji Times, ‘We will say when elections to be held, 2007. says interim PM,’ 17 June 2007. 77 66 Fiji Sun, ‘Fiji loses foreign friends,’ 12 December Interview on FijiVillage.com, 19 June 2007. 2006. 78 Editorial, 18 June 2007. 79 See Fiji Sun, 10 May 2007. 80 This comes from ‘Opening of Consultations with Murray, Andrew, ‘Observations on the current Situation the Republic of Fiji Islands under Article 96 of the in Fiji,’ unpublished paper (26 January 2007). Cotonou Agreement (Brussels, 18 April 2007.’ Iyer, Venket, ‘Courts and Constitutional Usurpers: 81 ‘EU/Australia agree on sanctions,’ 26 June 2007, Some Lessons from Fiji,’ Dalhousie Law Journal 28: http://www.fijilive.com. 1 (2005), 28-68 82 ‘Critics put elections in limbo: Bainimarama,’ 3 July Iyer, Venket, ‘Restoration Constitutionalism in the 2007, http://www.fijilive.com. South Pacific,’ Pacific Rim Law & Policy Journal 15: 1(2006), 39-72. 83 These are too numerous to mention but among the more prominent ones are: whyfijiiscrying; hyde. Lal, Brij V., ‘Fiji’s Constitutional Conundrum,’ The n. ceek, Rere Vaka Na Kalou Ka doka Na Tui, Round Table, Issue 372 (October, 2003), 671-685. Intelligentsya, Name and Shame, discombobulated. Lal, Brij V., Islands of Turmoil: Elections and Politics 84 An introduction to some of the complex issues raised in Fiji (Canberra: Asia Pacific Press, 2006). by the use of cyberspace is in Steven Gan, James Lal, Brij V, ‘‘Anxiety, Uncertainty, and Fear in Our Gomez and Uwe Johannen (eds) Asian Cyberactivism: Land:” Fiji’s Road to Military Coup, 2006,’ The Freedom of Expression and Media Censorship Round Table, 96: no. 389 (April 2007), 135-153. (Bangkok: Friedrich Naumann Foundation, 2004). Madraiwiwi, Ratu Joni, ‘Mythic Constitutionalism: 85 And witty and humorous too. Thus: ‘Machiavelli Whither Fiji’s Course in June 2007,’ unpublished Chaudhry,’ ‘Bainimahendra’, ‘Komanda Bai Karaik,’ paper delivered at the Australian National University ‘Commodore Frankenstein’ (Bainimarama),’ ‘Rebel (5 June 2007). without a Clue,’ (military spokesman Major Leweni Norton, Robert, ‘The Great Council of Chiefs in Fiji’s Neumi); RFMF: Ratu Frank’s Military Force,’ ‘Pusi’: Era of Crisis and Reform,’ (in press). Helen Clark, ‘Big Moma Bernie,’ Bernadette Rounds- Prasad, Biman C, ‘Fiji’s Economy in the Doldrums: Ganilau, Laufitu ‘Zsa Zsa Gabor’ Malani, and others Possibilities for a way forward?’ Presented to Pacific too impolite to repeat. Cooperation Foundation, Wellington (8 June 2007). 86 Daily Post (editorial), 13 June 2007. Tedeschi, Mark, ‘Prosecuting in Paradise: race, politics 87 Fiji Sun ‘Economic crisis looms,’ 12 May 2007. and the rule of law in Fiji,’ Crime, Law and Social 88 Wadan Narsey, ‘Truth behind our poverty,’ Fiji Times, Change (2005), DOI: 10. 1007/s10611-006-9010-z 10 June 2007. For a more extensive treatment, see Williams, George, ‘The case that stopped a coup? Satish Chand, ‘Poverty and Redistributive Politics in The rule of law in Fiji,’ Quentin-Baxter Memorial Post-Independence Fiji: 50/50 by 2020,’ in press. Trust Lecture, Victoria University of Wellington (27 November 2003). 89 Editorial, ‘Keeping a promise,’ 21 June 2007. For a brief survey of post-coup economic trends, see Biman C Prasad, ‘Fiji’s Economy in the Doldrums: Possibilities for a way forward?’ presented to Pacific Cooperation Foundation, Wellington, seminar ‘Fiji at the Crossroads – Again?’ 8 June 2007.

References

Chand, Satish, ‘Poverty and Redistributive Politics in Post-Independence Fiji: 50/50 by 2020,’ Pacific Economic Bulletin (in press). Firth, Stewart (ed.), Globalisation and Governance in the Pacific Islands (Canberra: ANU E Press, 2006). Fraenkel, Jon and Stewart Firth (eds.), From Elections to Coup in Fiji: The 2006 Campaign and its Aftermath (Canberra: Asia Pacific Press, 2007). Herr, Richard, ‘External Influences and the 2006 Fiji Military Coup,’ unpublished paper (2007). ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup

SSGM Discussion Paper Series 22 1998/5: Peter Larmour, Making Sense of Good Governance. 1998/6: Bronwen Douglas, Traditional Individuals? Gendered Negotiations of Identity, Christianity and Citizenship in Vanuatu 1998/7: Raymond Apthorpe, Bougainville Reconstruction Aid: What are the Issues? 1999/1: John Rivers, Formulating Policy for Community Relations Programs 1999/2: Lissant Bolton, Chief Willie Bongmatur Maldo and the Incorporation of Chiefs in the Vanuatu State 1999/3: Eugene Ogan, The Bougainville Conflict: Perspectives from Nasioi 1999/4: Grace Molisa and Elise Huffer, Governance in Vanuatu: In Search of the Nakamal Way 2000/1: Peter Larmour, Issues and Mechanisms of Accountability: Examples from Solomon Islands 2000/2: Bronwen Douglas (ed), Women and Governance from the Grassroots in Melanesia 2000/3: Bronwen Douglas, Weak States and Other Nationalisms: Emerging Melanesian Paradigms? 2000/4: Philip Hughes, Issues of Governance in Papua New Guinea: Building Roads and Bridges 2000/5: KJ Crossland, The Ombudsman Role: Vanuatu’s Experiment 2001/1: Peter Larmour, Westminster in the Pacific: A ‘Policy Transfer’ Approach 2001/2: Caroline Graille, From ‘Primitive’ to Contemporary: A Story of Kanak Art in New Caledonia 2002/1: Abigail Makim, Globalisation, Community Development, and Melanesia: The North New Georgia Sustainable Social Forestry and Rural Development Project 2002/2: Sinclair Dinnen, Building Bridges: Law and Justice Reform in Papua New Guinea. 2002/3: John Barker, Missionaries, Environmentalists, and the Maisin, Papua New Guinea 2002/4: James Weiner, Abby McLeod and Charles Yala, Aspects of Conflict in the Contemporary Papua New Guinea Highlands 2002/5: Judith Bennett, Roots of Conflict in Solomon Islands–Though Much is Taken, Much Abides: Legacies of Tradition and Colonialism 2003/1: Tim Curtin, Hartmut Holzknecht and Peter Larmour, Land Registration in Papua New Guinea: Competing Perspectives 2003/2: Alan Tidwell and Andy Carl, Perspectives on Conflict and Post Conflict 2003/3: R.J. May, Disorderly Democracy: Political turbulence and institutional reform in Papua New Guinea 2003/4: Frédéric Angleviel, “The Bet on Intelligence”: Politics in New Caledonia, 1988-2002 2003/5: Jaap Timmer, Narratives of Government and Church among the Imyan of Papua/Irian Jaya, Indonesia 2003/6: Laurence Sullivan, Challenges to Special Autonomy in the Province of Papua, Republic of Indonesia 2003/7: Penelope Schoeffel and Mark Turner, Local-level Governance in the Pacific 2003/8: Laurence Goldman, ‘HOO-HA in HULI’: Considerations on Commotion & Community in the Southern Highlands Province of Papua New Guinea 2004/1: Phillip Gibbs, Nicole Haley and Abby McLeod, Politicking and Voting in the Highlands: The 2002 Papua New Guinea National Elections 2004/2: David Hegarty, Ron May, Anthony Regan, Sinclair Dinnen, Hank Nelson and Ron Duncan, Rebuilding State and Nation in Solomon Islands: Policy Options for the Regional Assistance Mission 2004/3: Michael Goddard, Women in Papua New Guinea’s Village Courts 2004/4: Sarah Garap, Kup Women for Peace: Women Taking Action to Build Peace and Influence Community Decision-Making 2004/5: Sinclair Dinnen, Lending a Fist? Australia’s New Interventionism in the Southwest Pacific 2004/6: Colin Filer, Horses for Courses: Special Purpose Authorities and Local-Level Governance in Papua New Guinea 2004/7: Robert Muggah, Diagnosing Demand: Assessing the Motivations and Means for Firearms Acquisition in the Solomon Islands and Papua New Guinea 2004/8: Sinclair Dinnen and Edwina Thompson, Gender and Small Arms Violence in Papua New Guinea 2005/1: Nic Maclellan, Conflict and Reconciliation in New Caledonia: Building the Mwâ Kâ 2005/2: Michael Morgan, Cultures of Dominance: Institutional and Cultural Influences on Parliamentary Poli- tics in Melanesia 2005/3: Hank Nelson, Fighting for her Gates and Waterways: Changing Perceptions of New Guinea in Austalian Defence 2005/4: Allan Patience, The ECP and Australia’s Middle Power Ambitions 2005/5: Jerry Singirok, The Use of Illegal Guns: Security Implications for Papua New Guinea 2005/6: Jaap Timmer, Decentralisation and Elite Politics in Papua 2005/7: Donovan Storey, Urban Governance in Pacific Island Countries: Advancing an Overdue Agenda 2005/8: Jon Fraenkel, Political Consequences of Pacific Island Electoral Laws 2006/1: Hank Nelson, Governments, States and Labels 2007/1: Peter Larmour, Evaluating International Action Against Corruption in the Pacific Islands

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State, Society and Governance in Melanesia (SSGM) was launched in 1996 in the Research School of Pacific and Asian Studies, Australian National University. Funded by the ANU with financial assistance from the Australian Government through AusAID, it comprises four Fellows (Dr Sinclair Dinnen, Dr Nicole Haley, Dr Jon Fraenkel, Mr Anthony Regan) and four Research Support Staff: David Hegarty (Convenor), Sue Rider (Executive Officer), Nancy Krause (Research Officer), and Jean Hardy (Administration Assistant).

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