THE AUSTRALIAN NATIONAL UNIVERSITY
School of International, Political and Strategic Studies State, Society and Governance in Melanesia State Society and in Governance Melanesia
DISCUSSION PAPER
Discussion Paper 2011/6
STIFLING OPPOSITION: AN ANALYSIS OF THE APPROACH OF THE FIJI GOVERNMENT AFTER THE 2006 COUP
mosmi bhim
Introduction
A day after the military takeover of the and the winning over of specific indigenous Fiji government on 5 December 2006, communities by the provision of infrastructure Commodore Bainimarama proclaimed a projects have strengthened this position. nationwide state of emergency that gave All of these actions, combined with a wide-ranging powers to the military to enforce strategy of sidelining any political or military the new regime’s agenda. These repressive leader capable of replacing Bainimarama powers were entrenched in the Public as PM or military commander, suggest that Emergency Regulations (PER) imposed after the post-April 2009 authoritarian military the 10 April 2009 abrogation of the 1997 regime has become what Geddes terms a Constitution. Early promises of elections by ‘personalist’ regime, (in contrast to military 2009 were not kept; instead, successive or single-party regimes) even if this was not decrees were promulgated to restrict human an original aim of the coup. In personalist rights, suppress freedom of expression and clip the wings of the judiciary and indigenous regimes ‘access to office and the fruits of Fijian institutions. They were aimed at stifling office depends much more on the discretion the capacity and will of the people to demand of an individual leader’ (Geddes 1999:121). a return to democracy, and at entrenching But, despite the high levels of repression, the position of Bainimarama’s unelected the fragility of Fiji’s economy poses a threat government.1 to the current government, adding to the The allocation of key government min- threat imposed by those few still voicing istries and departments to military officers, opposition. Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
early signs of control raised when, in January 2007, the presidency 2 was returned to Ratu Josefa Iloilo, and again, On 6 December 2006, one day after announc- eight months later, with the launch of the ing a military takeover of the government of People’s Charter for Change and Progress. Fiji — and after assuming the role of acting Hope was further encouraged by the fact that president — Commodore Voreqe Bainimarama, the National Council for Building a Better Fiji commander of the Republic of Fiji Military Forc- (NCBBF), launched on the same day, met es (RFMF), stated in an address to the nation: regularly for more than a year to produce ‘the Charter’ — a key requirement of which was ... it is with great reluctance that I, in the endorsement and implementation of its poli- temporary capacity that I have assumed cies by an elected government. under the doctrine of necessity am Nevertheless, opposition remained in proclaiming a state of emergency as some quarters — opposition that early threats provided for under section 187 of the Constitution (Bainimarama 2006). by Bainimarama (such as his statement that ‘the Military will suppress very quickly In his address, Bainimarama justified any uprising against us’ (Bainimarama 2006) his action by asserting that his regime was did not succeed in dispelling. Opposition under threat of ‘disruption to peace and har- included court cases against activities of the mony’ by people who opposed the coup, or Bainimarama government as well as vocifer- opposed his regime. ous criticism in the media from rights-based Under the state of emergency, the military- non-government organisations (NGOs), trade imposed government assumed extraordinary unions, Fiji Law Society, leaders of political powers that enabled the disciplinary forces parties, and leaders of indigenous Fijian insti- to arrest, question and detain people even tutions and individuals. without any complaints lodged against From the outset, opponents were con- them, to control the movement of people by cerned when, in the late afternoon of imposing curfews and roadblocks manned by 5 December, The Fiji Times reported that police or armed soldiers, to enter and search military personnel had moved into the news- premises, to control essential services and to rooms of media outlets and directed that control government activities. all news items would be screened by the While that particular state of emergency was lifted in May 2007, emergency regulations military and that no negative comment about were sporadically in place throughout the commander or the takeover could be Fiji — under the pretext of ‘threat from aired or published. That night, in response, unstable elements’ — until 10 April 2009, Fiji TV cancelled its 10pm bulletin and The when they were replaced with the Public Fiji Times withheld publication of its edition Emergency Regulations that have since of the following day. The responses seemed been continuously imposed with heightened to have some effect; on 6 December, after powers to suppress and control freedom of a meeting with senior executives from four movement and expression. media companies and the chairman of the The 2006 coup generated mixed reactions Fiji Media Council, Daryl Tarte, Acting Com- in Fiji and internationally. While there was mander Esala Teleni gave an undertaking opposition from the small but vocal group that there would be no censorship and no of citizens who had, since 1987, actively further interference by the military in the role protested against coups and promoted the of the nation's media. rule of law, democracy and equal rights, But, despite this assurance, meetings of many professionals who had previously been political parties, such as the Soqosoqo Dua- steadfastly against coups, felt this one would vata ni Lewenivanua (SDL), the Fiji Labour be different and that Bainimarama would Party (FLP) and the National Federation Party deliver, as he promised, beneficial reforms. (NFP), were required to be cancelled — and Hopes for an early return to democracy were several union meetings were postponed until Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
it could be proven to authorities that ‘political’ half-a-million-dollar compensation lawsuit on issues were not on the agenda. Meetings of behalf of the 34 politicians held hostage in the 3 the Great Council of Chiefs (GCC) were also 2000 coup. banned after it rejected the president’s nomi- nation of Ratu Epeli Nailatikau for the position Abrogation of the Constitution of vice president. In the weeks that followed the coup, the and Subsequent Decrees regime moved against senior civil servants, systematically removing, demoting, or Any fear in the minds of Bainimarama and sidelining those identified as supportive of the his collaborators of facing prosecution for deposed Qarase government. The longest- their parts in the 2006 coup that might have serving permanent secretary in the prime been triggered by the spate of High Court minister’s office was dismissed immediately findings related to the 1987 and 2000 coups, after the takeover, and cabinet positions could only have been amplified by the 9 April were reshuffled. But some civil servants 2009 finding of the Fiji Court of Appeal. That lodged legal challenges, and the Airports Fiji court found that, contrary to the October 2008 Limited Workers Union, and the affiliates of finding of the High Court, the president had the Confederation of Public Sector Unions not had the powers to dismiss the Qarase — which includes the Fiji Public Service government in 2006 and that his actions Association, the Fiji Nursing Association had been invalid. The implications for the (FNA), the Fiji Teachers Union (FTU) and the Bainimarama regime were immense, and Air Traffic Management Association of Fiji — its response proved the worst fears of many threatened strike action over a looming five citizens in regards to how Bainimarama might per cent pay cut. Affiliates of the Fiji Islands react if pushed too hard. Council of Trade Unions (FICTU), including That same evening, Bainimarama the Fijian Teachers Association (FTA) — addressed the nation, appearing to accept the the Public Employees Union, and the Viti decision of the Court of Appeal by announc- National Union of Taukei Workers — also ing that Fiji effectively had no prime minister, threatened strike action. no ministers and no government in place, As it turned out, the FNA went out on and that the president would make a deci- strike for 12 days in July, but their grievances sion soon on the Court’s directive that he remained unaddressed. The FTA stopped appoint a caretaker prime minister who was work on 2 August, but cancelled the strike neither Qarase nor Bainimarama (Bainima- within a day after realising that the govern- rama, 2009). But the next day — Good Friday ment wouldn’t meet their demands. — radio stations carried the message that the However, not every protest could be constitution had been abrogated. quashed by the interim government; after The range of decrees that followed the many years, several compensation cases announcement created a system of presi- lodged after the 1987 and 2000 coups, were dential rule-by-decree that could not be chal- coming to a head. In September 2007, the High lenged by any one, in any circumstances, Court awarded university lecturer Dr Anirudh in any court or tribunal. Five decrees were Singh FJD$790,000 compensation for being promulgated on Good Friday — many more abducted and tortured by soldiers in 1990. were to follow. On 12 August 2008, the High Court awarded Decrees Related to Control over Execu- Naitasiri farmer Taito Navualaba FJD$73,000 tive Authority, the Judiciary and Rights’ compensation for his 2002 humiliation and torture at gunpoint by the military. In March Advocates 2009, Senitiki Naqa, who was similarly Decree No. 1, the Fiji Constitution Amend- tortured, was awarded FJD$65,000 by the ment Act 1997 Revocation Decree 2009, High Court. And, pending, was an estimated ‘wholly removed, revoked, and abrogat- Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
ed’ Fiji’s Constitution and declared that all Amendment Act 1997 (in effect, the 1997 4 decrees promulgated by the president were constitution) — were to continue in force and to be ‘regarded as law and shall be observed be read with necessary modifications. and enforced’. In announcing the decree to Decree No. 4, the Revocation of Judicial the nation, the 88-year-old President Ratu Appointments Decree 2009, provided that Josefa Iloilo stated, any court of law, authority or office estab- [T]o facilitate the holding of true dem- lished and any judicial appointment made ocratic and parliamentary election I under the provisions of the 1997 Constitu- tion was to be dissolved, and appointees hereby abrogate the 1997 Constitu- removed and posts declared vacant. The tion ... You will agree that this is the decree applied to the Supreme Court, Court best way forward for our beloved Fiji of Appeal, High Court, Magistrates Court, (Iloilovatu Uluivuda 2009). and to all judges and magistrates, includ- Iloilo went on to state that a further period of ing the master of the High Court. Under five years was necessary to put in place the the decree, no officer whose appointment necessary electoral reforms and processes, was terminated or removed was entitled to and that he would direct the soon-to-be- any monetary compensation, nor were they appointed ‘Interim Government’ to hold true entitled to take any action for damages for democratic and parliamentary elections by dismissal in any court. September 2014 at the latest. The first four decrees effectively clipped Iloilo then announced Decree No. 2, the wings of the judiciary and prevented the Executive Authority of Fiji (Amendment) the use of the law to challenge the govern- Decree 2009, under which he appointed ment’s validity. The last of the five decrees himself President of Fiji, and thereby head announced on 10 April 2009 was Decree of state, commander of the RFMF and head No. 5, Public Emergency Regulations 2009 of any government appointed under that (PER). The decree assumes a state of emer- decree. The decree, promulgated on Friday, gency exists in the country because elements 10 April 2009, states that ‘until a Parliament planning activities to destabilise the govern- is elected in accordance to a Constitution ment may exist. It curtails key civil and politi- yet to be adopted’, the president shall have cal rights, and is discussed later in this paper. powers to: (a) appoint a prime minister by Attention then turned to further tightening decree; (b) appoint other ministers on the loopholes in the decrees, further restricting advice of the prime minister; (c) make laws ‘independent’ institutions and restricting the by decree in accordance with the advice powers and freedoms of people who utilise of the prime minister and cabinet; and (d) these institutions. exercise the executive authority of Fiji. The Decree No. 8, Office of the Vice-President decree specifies that ‘No question of the and Succession Decree 2009, promulgated validity of this Decree or any other Decree on 16 April 2009, authorises the president to shall be entertained by any Court of Law in appoint the vice president for a term of five Fiji’. years, and also provides that, if neither the Power was becoming centred around the president nor the vice president is able to frail and aging president, the coup-leading perform the function of the president, then it prime minister backed by the military council, may be performed by the chief justice or next and the attorney-general, who would be most senior substantive judge. Prior to this, responsible for churning out over a hundred only a person nominated by the GCC could more decrees during the next two and a half be appointed as president or vice president years. of Fiji. The day after Decree No. 8 was pro- Decree No. 3, the Fiji Existing Laws mulgated, Ratu Epeli Nailatikau — earlier Decree 2009, declared that existing laws rejected for the position by the GCC — was and decrees in force before 10 April 2009 — sworn in as vice president of Fiji to fill the with the exception of the 1997 Constitution vacancy that had been created when former Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
vice president Ratu Joni Madraiwiwi resigned that period; any decision by the ministry or in protest after the 2006 coup. Immigration Department to remove a person 5 On 28 July, the Executive Authority of from Fiji during that period; any presidential Fiji (Amendment) Decree 2009 (Decree No. or government decision to terminate any 28) was promulgated; it authorises the chief employment (whether in public office or not) justice to appoint the president on the advice between 5 December 2006 and 7 January of the cabinet. Prior to this, only a vice presi- 2007; any decision made by the Judicial Ser- dent who had been appointed after nomina- vice Commission (JSC) between 7 January tion by the GCC, could become president. 2007 and 9 April 2009; and, any government The amendment further curtails the powers decision made between 5 December 2006 of the GCC and increases the chance of a and 9 April 2009, on the grounds of inconsis- commoner and non-indigenous person being tency with the 1997 constitution. appointed president. On the same day, Baini- By way of this decree, the government marama announced the retirement of Iloilo; gained control of the judiciary, terminated all the president was to go on leave on 30 July court actions launched against it, and pre- and not return to office. Vice President Naila- vented the launch of any further court actions tikau became the acting president and, on against its decrees or any other decisions, 5 November, was appointed president of Fiji including civil servants’ employment issues. by Chief Justice Anthony Gates at a swear- The decree claims that all courts and ing-in ceremony at Government House. judges ‘are independent of the executive The reason for the earlier decrees amend- branch of Government or any other author- ing executive authority had finally become ity, in the exercise of its judicial functions’. clear — they enabled the Bainimarama Such ‘independence’, however, must be regime to appoint a president (and ministers) severely challenged by the fact that the of its choice and so enabled continued presi- decree requires the chief justice and the dential rule-by-decree. president of the Court of Appeal to be Meanwhile, the dismissal of judicial offi- appointed by the president following consul- cers in accordance with Decree No. 4 had tation with the prime minister and the attor- created chaos, with all scheduled court cases ney-general; and the judges of the Supreme being delayed for at least a month (Fijilive Court, the justices of appeal and the puisne 15/4/2009). On 16 April, the Administration judges of the High Court to be appointed by of Justice Decree 2009 (Decree No. 9) was the president on the recommendation of the promulgated; it enabled re-establishment of JSC following consultation by the JSC with the judiciary. Deemed as coming into force on 10 April, the decree gives power to the the attorney-general. President to make all initial appointments to The JSC is itself compromised in that, judicial office positions, including the posi- under the decree, it consists of the chief tions of judges of various courts and magis- justice (as chairperson); the president of trates. A section on ‘Transition’ reiterates the the Court of Appeal; a legal practitioner revocation of all judicial appointments made appointed by the president on the advice of under the 1997 constitution, but provides for the attorney-general, and a person who is all proceedings in the Courts that had com- not a legal practitioner, also appointed by menced prior to the abrogation, to continue. the president on the advice of the attorney- The decree also requires the termination of general. The attorney-general is tasked with any proceeding that had commenced prior the appointment of all four members of the to the abrogation of the Constitution but that JSC. A quorum for the JSC is reduced to the had not yet been determined, if it challenged: chairperson and one other member. ‘the validity or legality of any Promulgations, Under the decree, no court has the juris- Decrees and Declarations made between 5 diction to accept, hear or determine any chal- December 2006 to 9 April 2009’; any deci- lenges to the Fiji Constitution Amendment Act sion of the president or any minister during 1997 Revocation Decree 2009 or any other Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
decree. Furthermore, the courts do not have remuneration of public officers, shall wholly 6 jurisdiction to hear any challenge on ‘the terminate immediately’. validity or legality of any Decrees made by By this decree, the government removed the President from 10 April 2009’. the possibility of legal recourse for public Thus did the government curtail the pow- servants and their trade unions pertaining ers of the judiciary and the ability of citizens to public service terms and conditions. Soon to challenge in the courts any of its past or after, a second amendment to the Admin- future actions. istration of Justice Decree increased the A Law and Justice Report for the period powers of the chief registrar by providing that April 2009 to April 2010 produced by the a certificate issued by a chief registrar or tri- Citizens’ Constitutional Forum (CCF) notes bunal for proceedings in a court or tribunal is that 40 judicial officers were dismissed on conclusive of matters stated in the certificate, 10 April 2009 but only eight reappointed and the decision of either to issue a certificate (CCF 2010(a)). A former military lawyer was cannot be challenged in any court or tribunal. placed in both the Magistrates Court and the This gave powers to the chief registrar or High Court, and, until June 2010, the chief tribunal to terminate even court proceedings registrar was Ana Rokomokoti, a military underway before a judge or magistrate, mak- lawyer. The report also notes that, as of April ing the chief registrar more powerful than the 2010, seven magistrates and three judges highest court in the land (CCF 2009). had been brought in from Sri Lanka. A third amendment to the Administration In July 2009, a magistrate was dismissed, of Justice Decree tightened the screws on allegedly over a dispute with the chief regis- government employees yet further. Promul- trar. In January 2010, three more magistrates gated in February 2010, but in force retro- were dismissed, allegedly for not supporting spectively from 10 April 2009, it provides that the Fiji Independent Commission Against ‘all decisions of Government or any Govern- Corruption (FICAC) proceedings. In early ment entity relating to restructure, terms of 2010, the acting director of public prosecu- conditions of employment or remuneration tions, John Rabuku, was replaced by former cannot be challenged’ (CCF 2009). military lawyer Aca Rayawa. With judicial offi- After curtailing the powers of the judi- cers facing termination at the apparent whim ciary and public servants and their unions, of the government, Fiji’s judiciary was coming the government turned its attention to other under increasing strain. The appointment of independent bodies who utilise the judiciary military officers to the judiciary further height- for fulfillment of rights. The Fiji Human Rights ened concern about its impartiality. Commission (FHRC), with the independent As if these restrictions on the judiciary were powers bestowed upon it as a statutory body not enough, on 12 May, an amendment to the under the 1997 Constitution, had become a decree was promulgated — the Administra- sore thumb for the government. Its director, tion of Justice (Amendment) Decree (Decree Dr Shaista Shameem, had long been a vocal No. 9) 2009). It was deemed to be in force advocate against human rights violations, from 10 April. This decree strengthened the and had fought for justice for those who suf- prohibition against challenges to the decree fered during the 2000 coup. abrogating the constitution, and to all other Nevertheless, in January 2007, decrees, by providing for the termination of Dr Shameem controversially justified any such challenges. Importantly, under the Bainimarama’s 2006 coup as an act amending decree, any proceeding, claim, of righting the wrongs that had occurred dispute or grievance purporting ‘to challenge in the aftermath of the 2000 coup, when any decision made by the Government or the lawful government of the then prime the Public Service Commission between 5 minister, Mahendra Chaudhry, was not December 2006 and 9 April 2009 in relation returned to power — making all subsequent to the terms and conditions of employment of governments ‘unconstitutional’ (Shameem public officers, including any changes to the 2007). Although appearing to be supportive Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
of the Bainimarama regime, Dr Shameem act in accordance with ministerial guidelines, advocated retention of the 1997 constitution and has the power to order a fine or penalty 7 under any circumstances. The successful not exceeding $500,000 for specified misde- litigation of a few human rights violations meanours by legal practitioners. While the cases by the FHRC was a reminder that the commissioner and his/her employees cannot body had independent powers that could be taken to court, all orders made can be be used to litigate against the regime. Dr appealed. The chief registrar can receive and Shameem’s position was automatically investigate complaints, investigate without terminated when the FHRC ceased to exist complaints, commence disciplinary proceed- after the abrogation of the constitution. The ings against a legal practitioner or a law firm, FHRC was re-established with weakened obtain unresolved complaints from the FLS, powers under a new decree that turned it into and acquire associated information and docu- a ‘toothless tiger’. ments through entering premises and other The Human Rights Commission Decree measures. Failure to comply with the decree 2009 (Decree No. 11), promulgated on 12 can incur a penalty of up to $5,000 or up to May 2009, provides for the chairperson and five years’ imprisonment or both. two other members of the commission to Many senior lawyers, including Dorsa- be appointed by the president in consulta- mi Naidu, Hamendra Nagin, Akuila Naco, tion with the prime minister. Exercising a Haroon Ali Shah, Abhay Singh, Sheikh Hus- now-familiar technique to circumvent chal- sein Shah and Nilesh Lajendra, were tried lenge, various sections of the decree prohibit for various misdemeanours by the ILSC, and the commission from receiving complaints received fines and penalties. The intimida- against, or investigating, questioning or chal- tory force of the decree ‘worked’: vocal legal lenging, the legality or validity of the Fiji Con- critics appear to have been ‘silenced’. After stitution Amendment Act 1997 Revocation winning a case against FICAC in late 2010, Decree 2009, or such other decrees made lawyer Imrana Jalal, fearing persecution, or as may be made by the president. It also resigned and relocated permanently to the prohibits the FHRC from investigating (but Philippines; former FLS president Graham not commenting on) any decision by a court Leung, fearing persecution for his criticism of of law; and from investigating any third party the regime in international conferences, had complaints against the 1997 Constitution taken up employment overseas in late 2008; Revocation Decree 2009, or other decrees vocal critic of the regime Richard Naidu, who made by the president. had been abducted and tortured prior to the The lawyers were tackled next, with their events of April 2009, had, by that time, vis- ability to take court action against certain gov- ibly quietened; and as a warning to other law ernment activities being curtailed. The Legal Practitioners Decree (Decree No. 16), pro- firms contemplating anti-government cases, mulgated on 22 May 2009, diluted previously his employer, law firm Munro and Leys, was existing powers of the Fiji Law Society (FLS). denied jobs by the government. Under the decree, the chief justice admits a To further protect the post-2006 coup gov- person as a legal practitioner, while the Regis- ernment — and further stifling the potential trar issues the certificate to practice — previ- for citizens to challenge its actions — the ously a responsibility of the FLS. Legal practi- Limitation of Liability for Prescribed Political tioners have to reapply to the registrar for their Events Decree 2010 (Decree No. 18) was certificate every year. The registrar also has gazetted in April, giving unconditional immu- the powers to cancel or suspend a certificate. nity to prescribed persons in relation to the The decree provides for the establishment of events of 2000 and leading up to the abro- an Independent Legal Services Commission gation of the constitution in April 2009. The (ILSC), presided over by a commissioner decree covers the now-late president, Ratu appointed by the president on the advice of Josefa Iloilo, Commodore Voreqe Bainimara- the attorney-general. The commission must ma, former caretaker prime minister, the now- Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
late Jona Senilagakali, anyone who acted ed with apprehension by NGOs and anti- 8 under persons covered under the decree, coup advocates. The CCF opined that it could and members of the military, police and Fiji lead to greater acceptance of these crimes, Prisons Service. Immunity does not extend do nothing to help end the cycle of coups, to those already found guilty by a court or and ran counter to the recommendations on tribunal. Under the decree, no compensation ‘Ending the Coup Culture’ included in the shall be payable by the state to any person in People’s Charter (CCF 2010(b)). respect of any claim, damage or injury arising The reason for the changed provisions from any prescribed political event for which relating to overthrow of a government and immunity has been granted to the persons treason would appear to be twofold: firstly, covered. In justifying the decree, Attorney- they could be used to facilitate conviction of General Aiyaz Sayed-Khaiyum referred to anyone planning to overthrow or incite action similar immunities established following the against the Bainimarama government; and, 1987 and the 2000 coups. secondly, they could be used to protect — on Of even greater concern to civil society was the grounds of ‘good faith’ — those involved a new criminal code, comprising the Criminal in the Bainimarama coup, were they ever to Procedure (Amendment) Decree, the Crimes face court. (Amendment) Decree and the Sentencing The Crimes Decree and the associated and Penalties Decree, which came into effect elements of the new criminal code had been on 1 February 2010. Alarmingly, under a foreshadowed by FICAC, established by the broad interpretation of the code, harsh criti- Bainimarama regime in April 2007 as part of cism of the government could be defined as the post-coup ‘Clean Up Campaign’. (A Pre- seditious or inciteful behaviour, and provide vention of Bribery Decree was promulgated an excuse for the government to prosecute at the same time.) The reach of FICAC was civil society members and individuals. expanded when, in 2010, the new Criminal Under the new Crimes Decree, the Procedure Decree expanded its powers to penalty for treason resulting in the death allow it to commence and litigate any criminal or imprisonment of the prime minister or charges. president, or acts that collude with an armed The legitimacy of FICAC had earlier been invasion or war, is imprisonment for life. questioned by the Fiji Law Society President, But the penalty for a person who commits at that time Devanesh Sharma, and by law- treason but can justify that they were yers such as Graham Leung. On 31 May acting in ‘good faith’ or that their action was 2007, Fijivillage.com reported well-known necessary, is less than 15 years; in some Suva lawyer Mehboob Raza describing cases the person could go free. And while FICAC’s prosecuting powers as ‘draconian’. the penalty for mutiny has been reduced By July 2007, FICAC already had a track to 15 years’ imprisonment, the penalty for record of revealing and sensationalising alle- minor misdemeanours has been increased gations of corruption prior to the completion of to up to five years’ imprisonment. Failure to investigations or prosecution. In comparison, report knowledge of treason can incur life the police and the Office of the Director of imprisonment, and offences that are seditious Public Prosecutions had been successful in can incur up to seven years’ imprisonment. prosecuting corruption-related cases — sug- Urging overturning the constitution or gesting that the establishment of FICAC was overthrowing the government can incur a an unnecessary duplication, undertaken to sentence of up to 15 years’ imprisonment. prove the existence of the alleged corruption Not surprisingly, these penalties, com- in government prior to the military takeover. bined with media censorship, resulted in a While some FICAC cases appeared dramatic drop in public criticism of the gov- genuine, others seemed more a case of try- ernment by 2010. ing to create charges against a particular The reduction of penalties for coups and person. Ratu SakiusaTuisolia, for example, treasons committed in ‘good faith’ was greet- former Airports Fiji Limited (AFL) chief Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
executive and formerly a member of staff in At the 8th Asia-Pacific Institute for Broad- prime minister Qarase’s office, was charged in casting Development conference in Nadi 9 February 2008 with abuse and false pretense in July 2009, Commodore Bainimarama for allegedly using the AFL’s credit card to explained that the PER was necessary for purchase $30,000 worth of personal items the government to achieve a truly united Fiji, and other items during overseas trips (The with sustainable development, where corrupt Fiji Times Online (hereafter TFOL) 12/2/08). practices and poverty were negligible, and After more than two and a half years, the trial where opportunities were equally available to commenced in the High Court; a month later, the different ethnic groups (Lasaqa 21/7/09). Tuisolia was acquitted (TFOL 2/11/10). He said that the PER was a temporary In the period between being charged and measure to provide a stable socio-political being cleared of this offence, in December platform conducive for implementing nation- 2009, other charges were laid by FICAC in building initiatives. the Magistrate’s Court against Tuisolia and Under the PER, the police and local district his wife, human rights lawyer Imrana Jalal. officers have wide-ranging powers. They can These related to operating a restaurant with- prohibit absolutely or place conditions on out a license and providing false information ‘any procession, meeting or assembly in any to a civil servant — an offence normally place, or building whether public or private’ dealt with by the Suva City Council fining unless a permit has been granted. Even the offender FJD$20. The inappropriateness if a permit has been granted, authorities, of the case, which had no element of cor- including members of the armed forces, ruption, being taken on by FICAC prompted have the power, after giving due warning, to Jalal to vigorously defend against the charg- disperse such a gathering, if in their ‘opinion es. FICAC expanded the charges and moved such action is necessary for public safety’; the case to the High Court. In July 2010, they may use necessary force, including amidst huge international publicity surround- arms. Organising a gathering contrary to ing the case, the High Court granted a stay the provisions of the PER, and inciting order on six of the charges against Tuisolia someone to be part of such a gathering, and Jalal, noting that the time period under are offences. Any police officer or member which a case relating to non-payment of fine of the armed forces can enter any non- can be started had lapsed long before the residential building to ascertain that the law case had been instigated (TFOL 20/7/10). regarding meetings is being observed. The Later that month, the High Court granted PER gives authorities power to regulate or a permanent stay on a remaining charge close off any road, street, path or waterway against Jalal and only one charge remained or any public place, and to impose curfews against Tuisolia (Fijivillage.com 30/7/10). in any area. It empowers them to control Although a stay on the charges was granted, the movement of people who are deemed it appears the battle was too demanding for likely to provoke a breach of the peace, and Jalal, who moved to the Philippines, where to prevent entry and exit of persons from she was joined by her husband following his anywhere in Fiji. It has extensive provisions acquittal in November. to regulate use of firearms, restrict the use of loudspeakers, and detain or search persons The Public Emergency Regulations entering ‘protected places and areas’. A The eight-page PER was the last of five person suspected of acting, or being about decrees promulgated by the president on the to act, to breach public safety or peace, can day the 1997 constitution was abrogated. be detained for 24 hours, and for a further The PER and the 2010 Media Decree were 48 hours if authority has been received from aimed specifically at stifling the voices of anti- a police officer or magistrate. A police officer regime critics and isolating opponents of the or magistrate can direct such persons to be government. detained for a further seven days. Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
Under the PER, the president can sus- The permit for Fiji Law Society’s 2009 10 pend the use or sale of uniforms, and those AGM was cancelled by authorities with- wearing uniforms of disciplined forces unlaw- out reason (Fijivillage.com 6/9/09). Even fully are regarded as committing an offence. the Fiji Rugby Union was forced to cancel The regulation allows armed forces person- a meeting in October 2009 after its per- nel to perform the duties of a prison officer or mit application was declined and its offi- police officer. cials were threatened with incarceration if The PER empowers the permanent secre- the meeting went ahead (Fijivillage.com tary for information to prohibit the broadcast 24/10/09). or publication of such material that may give More than a year later, the National Com- rise to disorder causing undue demands on mand Centre cancelled a permit granted to the disciplined forces, or which ‘may result the NGO ‘Coalition on Human Rights’, for a in breach of peace or promote disaffection or march to commemorate International Human public alarm or undermine the Government Rights Day. The permit was cancelled for and State of Fiji’. All broadcasters and pub- ‘security reasons’. The permit granted to the lishers must submit all material for broadcast Transport Workers Union for the meeting of or publication to the permanent secretary; Pacific Sun union members of 23 December failure to comply with this provision could 2010, was cancelled on the day of the meet- result in orders to cease all activities and ing (TFOL 24/12/10). operations. A person violating the PER can The first two people arrested and detained be fined $1000 and/or imprisoned for two under the PER were Fiji One Television jour- years. nalist Edwin Nand and President of the Fiji All existing permits for public meetings Law Society Dorsami Naidu (Fijivillage.com and gatherings were revoked when the con- 15/4/09). Nand spent two nights in jail, and stitution was abrogated. Some organisations Naidu one night; both were released without working in the areas of democracy and charges on 15 April. human rights faced additional restrictions. A month later, the former Methodist Church The CCF, for example, had to apply for of Fiji president, Reverend Manasa Lasaro, permits to conduct its one-day educational was arrested in relation to politically related workshops on human rights, good gover- statements by the church, and the then church nance and citizenship, and for its two-day president Reverend Ame Tugaue awaited Grassroots Budgetary Workshops. To receive questioning (Fijivillage.com 14/5/09). Rever- the permit, the CCF also had to remove the end Lasaro had actively supported the 1987 words ‘democracy’ and ‘constitution’ from its coup and was a known supporter of SDL, slogan, and remove the module on Fiji’s 1997 constitution from its workshops.2 as well as a vocal critic of the Bainimarama Despite holding a permit, the National government. A subsequent meeting between Farmers Union was prevented from hold- Bainimarama, Tugaue and the General Sec- ing its AGM by the police as they felt ‘it was retary of the Methodist Church, Reverend Tui- not safe for people to gather in big numbers kilakilaWaqairatu, failed to resolve the issue as anything could happen’ (Fijivillage.com after Bainimarama’s request to the church to 17/5/09). The permit given to the Fiji Insti- reconsider their stand on the government and tute of Accountants (FIA) 37th Congress remove politics and instigators from within was cancelled a day before the congress, the church was refused (TFOL 4/6/09). A few but restored a few hours later by the com- weeks later, on 23 July, Rewa province High missioner of police after the first session Chief Ro TeimumuKepa, appeared in the had been cut from the proceedings (TFOL Suva Magistrates Court, together with Rever- 11/6/09). That session had featured a talk by end Waqairatu and Rev Tugaue, on charges Professor Brij Lal on ‘Fiji and the international relating to breach of the PER. community’ and a talk by Graham Leung on Probably the most bizarre use of the PER ‘An experiment in nation building’. by the government was against its vocal critic Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
and known supporter of the SDL, Fiji Rugby Year’s message, Bainimarama announced Union chairman Viliame Gavoka. Gavoka was that the PER would cease on Saturday, 11 detained by police for 24 hours for spreading 7 January 2012 (Fijivillage.com 2/1/12). destabilising rumours and emails about a Although the PER was lifted, a new Public prophesy that an earthquake would strike Fiji. Order Decree 2012 was imposed under which He was released on 22 October 2010, a day all restrictions imposed under the PER have before the date predicted for the earthquake, been retained and the powers of arresting together with Pastor Laione Lutumaimuri and detaining people were increased. The Nacevamaca, who had also predicted that only restriction not carried forward from the an earthquake and tsunami would strike Fiji PER was media censorship and cause major damage (Fiji Broadcasting Corporation (hereafter FBC) 22/6/10). The Media Industry Decrees two were re-arrested after the prophesy did The government’s apparent fear of the media not eventuate and have been appearing in and its subsequent need to control it has court under the Public Order Act on charges been attributed to the events of 2000, when of allegedly making false statements that fos- a hate-campaign against the then Prime tered public alarm and public anxiety (Fijivil- Minister, Mahendra Chaudhry, by The Fiji lage.com 15/7/10). Interestingly, the charges Times led to inflammation of anti-Indian against Gavoka were dropped in June 2011, sentiments among ethno-nationalist Fijians, following the marriage of his daughter, Ela culminating in the volatile iTaukei march of Gavoka, to Attorney General Aiyaz Sayed- 19 May 2000, and the civilian takeover of the Khaiyum in March 2011 Chaudhry government. The PER is being broadly interpreted in Fear that the events of 2000 could be order to allow control over other areas of repeated is likely to have weighed heavily in life. In September 2010, it was reported that the government’s determination to control the state authorities had invoked provisions of media. After the abrogation of the constitu- the PER to restrict unnecessary use of water tion, the government began sending police in the drought-afflicted Western Division. The officers to newsrooms. All stories critical of the police, it was reported, would monitor water government, military or the current status-quo use and decide how to deal with people found were ordered to be removed. In May 2009, wasting it (Fijivillage.com 17/9/10). Fijilive reporters Dionesia Turagabeci and In effect, the PER has provided the gov- Shelvin Chand were arrested and detained in ernment with the means of stifling the free relation to a news item covering CCF criticism expression of people in secure gatherings. of the government for releasing eight soldiers It has prevented those opposed to any poli- and a policeman convicted of manslaughter, cies or actions of the government from con- only two months into a sentence of four years veying their criticism to the general public. and four months (Radio New Zealand Interna- Few statements critical of the government tional (hereafter RNZI) 10/5/09). are seen in the media. Politicians, lawyers, But control of the media extended beyond the media, NGOs, academics, unionists and the newsrooms and news organisations. The members of the public have all been effec- Regulation of National Spectrum Decree tively silenced by the PER, which has been 2009 was promulgated on 13 November. By repeatedly extended for 30 consecutive days this decree, all power to issue or revoke the since 10 April 2009; it was extended for the licenses for telecommunications, radio and twentieth time in November 2010, and exten- television broadcasters, was vested in the sions have continued in 2011. minister responsible for communications — The government had promised to lift the the Attorney-General Aiyaz Sayed-Khaiyum. PER after a decree related to the media came All existing licences were made temporary into force; the Media Industry Development pending a review by Khaiyum. There was no Decree was promulgated on 25 June 2010 compensation for licensees whose licenses — but the PER remained in force. In his New were cancelled, and the attorney-general’s Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
decision could not be challenged in any court, Duplicating the PER, under the media 12 tribunal, judicial or adjudicating body. Breach- decree, the minister may prohibit broad- es of the provisions could incur a fine of up to cast or publication, ‘If information can give $100,000 or up to five years’ imprisonment. rise to disorder, cause undue demand on The June 2010 Media Industry security agencies, breach peace, promote Development Decree 2010 provides for disaffection or public alarm, or undermine the establishment of the Media Industry the Government and State of Fiji’. Media Development Authority of Fiji to encourage, organisations must submit all material to the promote and facilitate the development of minister or cease activities and operations. media organisations and services in Fiji, make Any other offence under this decree incurs recommendations relating to the media to the fine of $10,000 or two years’ imprisonment. minister, ensure high standards; ensure that The validity of the decree and of decisions by no media content is against public or national the minister cannot be challenged, and only interest, promote local content; and refer a fine of more than $50,000 can be appealed complaints to the media tribunal established in court. under the decree. In effect, the Media Decree has forced To ensure authors can be identified, every the media to engage in self-censorship. As a article of 50 words or more must have a byline, result, citizens, especially those living in rural and a breach of the decree can result in a fine areas of Fiji and with limited communications of up to $100,000 for a media organisation, technology, have access only to govern- and up to $25,000 and/or a two-year jail term ment-approved stories in the newspapers, for a publisher or editor. The authority can or on radio or television. The government investigate and require persons to produce further spreads its propaganda by publishing a document or information, or explain why a roughly 20-page supplement in Saturday’s it can’t be produced. A breach can incur a Fiji Sun every week, and by broadcasting fine of $10,000 or two years’ imprisonment. twice on a Mai TV daily news programme, Destroying or falsifying documents, providing Fiji Today, which is produced by the Ministry false or misleading information and obstructing of Information. officers, can also incur a $10,000 fine or two Inevitably, numerous blogs, such as years’ imprisonment. Matavavalu, Solivakasama, Coup 4.5, Loyal Furthermore, positions of power in media Fijian, Solivakasama Worldwide Movement organisations must be held by citizens for Democracy in Fiji, and Raw Fiji News, permanently residing in Fiji, and 90 per have emerged to air the views of Fijians who, cent of beneficial ownership must accrue under the current repressive laws, cannot to such citizens. This section of the decree express themselves in the news media. forced the sale of The Fiji Times — a wholly These blogs tend to carry ‘hate speech’ foreign-owned subsidiary company of Rupert and derogatory comments, and much of the Murdoch’s News Limited, which had been critical of the government since the 2006 ‘news’ cannot be verified. However, the blogs coup — to the local Motibhai Group. have become very attractive alternative news The media tribunal has authority to inves- sites in news-starved Fiji. tigate any media organisation. Media organi- The joint impact of the PER and Media sations contravening orders of the tribunal Decree has been to block criticism of the — members of which are appointed by the government and make it possible for the president and the attorney-general — can regime to implement its agenda without incur fines of $100,000. Failure to print cor- having to deal with criticism and calls for recting statements incurs a $10,000 (person) transparency and accountability. The decrees or a $100,000 (company) fine or two years’ also aim to prevent people from relaying imprisonment. There are numerous other messages in order to create alliances against fines for other infringements. the regime. Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
Controlling Indigenous ers and to utilize designated crown land with Fijian Institutions a view of achieving optimal returns for the 13 state’. In a clause that is tediously repeated in the growing list of decrees, no court, tribunal, One of the main justifications given by Baini- commission or any other adjudicating body marama for the coup was the need to pro- can hear any challenge to the validity of the mote equality and end racial discrimination. decree, to the decisions of any minister or After April 2009, the government embarked state authority, or to the conditions of leases on a systematic reform of all indigenous or validity of cancellation of leases, licenses Fijian institutions (since the promulgation of or other instruments. the Fijian Affairs (Amendment) Decree 2010, A former president of Fiji’s Tourism the term Fijian (meaning indigenous Fijian) Resource Owners Association, Ratu Osea has been changed to iTaukei). Gavidi, expressed concern that the land bank Under Decree No. 8, the privilege of the could alienate people from their own resource GCC to appoint the president or vice presi- and remove their freedom to decide on how dent was done away with. Subsequently, the their land could be used (RNZI 10/8/10). Fijians Trust Fund (Amendment) (No. 2) Early in 2011, the government announced Decree 2009, which dilutes the power of the income from leased land would, in future, be GCC by removing the need for the minister distributed equally among all mataqali mem- for indigenous affairs to consult with it when bers, with no chief or titleholder receiving appointing the chairperson of the Fijians larger shares. Trust Fund, was promulgated. Under the Native Lands Trust Act (Amend- ment) Decree 2009 the Minister, rather than, Support Bases for the Coup as was the case before, the GCC, appoints the five indigenous members to the Native The government’s control over the civil and Lands Trust Board (NLTB). The Native Lands political rights of the people of Fiji, particu- Trust (Amendment) Decree 2010 makes fur- larly since the abrogation of the constitution ther substantial changes to decision-making has, due to the new legal restrictions on the with regards to land. It makes the minister for media, judiciary, lawyers, and indigenous indigenous affairs the chairman of the NLTB, Fijian institutions, been overpowering. The and gives the minister, rather than the presi- suppression of the rights of the people to dent, the power to set aside land as native meet and express political opinions, and to reserve and to appoint members. Under this challenge government decisions has caused decree, Bainimarama, being the minister for discontent amongst some sections of Fiji’s indigenous affairs, now has the authority to society. However, there are many who have decide who takes part in deliberations on publicly supported the coup. These include native land and what happens to native land. loyalist soldiers, some academics, politicians, The underground Fiji Democracy and some civil society advocates and, of late, Freedom Movement, on the blog ‘Indigenous those indigenous Fijian communities ben- Peoples Issues’, pointed out on 7 July 2010 efiting from local infrastructure projects. The that, amongst other things, the amendment 2006 coup has divided public opinion in removes a major reason for the continued Fiji, with a large section of Fiji’s community existence of the GCC. opposing it, and another large section either The Land Use Decree 2010 ensures that fully supporting it or willing to give the coup leases are for a minimum of 99 years, and regime the same benefits of the doubt as gives the prime minister the authority to des- those extended to an elected government. ignate the lands of native landowners to the While the opposition’s voice has been effec- Land Use Unit. The aim of the decree is ‘to tively suppressed through repressive laws, utilize designated native lands in a manner the supporters’ views are actively aired in the that is in the best interest of native land own- public arenas. Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
The Military Bainimarama has gone one step further 14 by allocating all the key ministerial portfolios After the 2006 coup, the Bainimarama regime to himself and the Attorney-General Aiyaz retained civilians in many key ministerial Sayed-Khaiyum; all the repressive decrees and senior government portfolios. However, now fall under the portfolios of either after April 2009, a systematic militarisation Bainimarama or Aiyaz. of the government took place; this ran paral- Bainimarama, serving commander of the lel with the PER and the numerous decrees RFMF, has been the interim prime minister as both a means of maintaining control over since January 2007 and, prime minister since the public service and influential agencies, 10 April 2009. Ratu Epeli Nailatikau, a former and a means of rewarding and retaining the military commander was appointed president support of military officers. Loyalist military in November 2009. Captain Timoci Natuva officers were given promotions, whereas dis- is the minister for public utilities, works and senting soldiers were penalised, persecuted transport. Colonel Samuela Saumatua is and sidelined. the minister for local government, urban Despite Commodore Bainimarama’s development, housing and environment. early statements that there would be no Former military officer Netani Sukanaivalu army officers in any new interim government is the minister for lands and mineral and that ‘no military officer should and will resources. Former military commander Ratu benefit from the interim administration’, by Epeli Ganilau was the minister for defence, November 2010, CCF’s Reverend Akuila national security and immigration, but he Yabaki noted: resigned from all ministerial positions while To date it is known that 67 per cent he was acting PM in November 2010. As of Fiji’s government ministries have of February 2011, there are three military military personnel in senior positions, ministers in the government. Five permanent where senior is defined as the Minister, secretary (PS) positions are held by military or head of unit with second in charge officers: Lieutenant Colonel Pio Tikoduadua decision making authority below the (prime minister’s office); Lieutenant Colonel Minister; 32 serving military person- Mason Smith (Department of Agriculture); nel have been appointed to the cabinet Commander Viliame Naupoto (fisheries and and civil service; 16 military appoint- forests); and Lieutenant Colonel Manasa ments have been made to Statutory Vanigi (provincial development, multi- Boards and Government or Quasi ethnic affairs and sugar). In August 2011, Government Institutions; and 55 per Commander of the Navy Francis Kean, cent of the national budget is under who was also head of government shipping the authority of a military minister. This services, became acting permanent secretary represents known appointments only, for the Ministry of Works, Transport and Public however, given that military titles are Utilities, and was confirmed as permanent no longer being used in the govern- secretary in October. Kean, Bainimarama’s ment gazettes, the actual extent of mili- brother-in-law, had recently served time in tarization of the government and civil gaol for manslaughter. The deputy permanent service may be greater ... Of the total secretaries of the Fijian Affairs Board, and 21 Ministries, only eight currently have for provincial development are also military no known military presence in a senior officers. The four divisional commissioner decision making capacity. The sanc- positions are held by military officers. Even tions imposed by Australia and New Fiji’s national sport — rugby — was not spared Zealand on civilians taking up positions from military control. On 7 May 2011, Fijilive within the current government have no reported that Colonel Mosese Tikoitoga had doubt contributed to the high number of been appointed chairman of the Fiji Rugby military appointments. Union board. Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
In 2007, Deputy Commander EsalaTeleni as giving the orders for the rounding up, ill- was promoted to the rank of commodore treatment or intimidation at the army camp, 15 and headed the Anti-Corruption Unit, before of critics of the Bainimarama government becoming deputy commissioner of FICAC. after the December 2006 takeover. After Later, in September 2007, he was appointed wild speculations on anti-government blogs police commissioner, and, in late 2010, he that they had been suspended from the was made ambassador to China. After the RFMF for allegedly planning to assassinate coup, Lieutenant Colonel Neumi Leweni Bainimarama, it was finally revealed by was appointed permanent secretary for Bainimarama in October 2010, that they information, then, in 2010, he was made were not suspended, but on leave as they permanent secretary for lands; however, he had accumulated substantial leave over the was recalled to the army barracks at the end years. All officers were subsequently ordered of 2010. Commander Viliame Naupoto was to use up their leave and not accumulate made the director of immigration but was it, as had been the practice in the past later replaced by Major Nemani Vuniwaqa. (FBC 25/10/10). Bainimarama revealed that Colonel Timoci Natuva was made minister for Lieutenant Colonel Mara had accumulated 10 transport after the 2009 abrogation. Lieutenant months of leave. On 4 May 2011, however, Colonel George Langman was appointed Driti and Mara appeared in court charged deputy commissioner of FICAC in 2007. After with uttering seditious comments; Driti was the resignation of Teleni from the position also charged with inciting mutiny (Fijilive of police commissioner in August 2010, he 4/5/11). An amusing twist occurred when was replaced by Brigadier General Iowane Mara escaped to Tonga two weeks later, Naivalurua, who retained the position of claiming he was picked up by a Tongan patrol commissioner of prisons (FBC 17/9/10). Major boat when he ran into difficulties during a Ana Rokomokoti was sworn in as a magistrate fishing trip (Radio Australia 20/5/2011). in May 2007, and in April 2009, appointed Another key public figure for the RFMF chief registrar; however, in June 2010, it was was Brigadier Mohammed Aziz, who is the reported that she had been recalled to the military lawyer and has also acted as deputy army barracks (TFOL 26/6/10). The director army commander. In January 2011, Briga- of fisheries, director of government ITC dier Aziz resigned from his positions on services, director of foreign affairs, director the Boards of Fijian Holdings Limited and of government pharmaceuticals, assistant Merchant Finance. No reason was provided director for disaster management centre, to Fiji’s censored media, however, unofficial director of national planning, and the head sources cited Brigadier Aziz’s attempts to of the film and television unit at the Ministry gain personal benefit from these positions as of Information are all military officers. Former a reason for his resignation. military officer Isikeli Mataitoga is Fiji’s These actions, the recall to barracks of ambassador to Brussels. army officers Leweni and Rokomokoti, and Land Force Commander Brigadier- the reshuffling of civil service and military General Pita Driti had been a key public portfolios held by soldiers, suggest that figure, speaking on behalf of the RFMF in Bainimarama and his advisors may be wary the media on many occasions, defending the of soldiers becoming too powerful, and so military’s actions and warned those criticising posing a challenge to Bainimarama’s rule. the government’s actions of reprisals. Another Such actions resonate with the literature on influential person in the RFMF was the ‘personalist’ military regimes: ‘If they choose, commanding officer of the Third Fiji Infantry personalist leaders can select low skilled Regiment Lieutenant Colonel Roko Tevita individuals who are less likely to unseat Uluilakeba Mara. Both Driti and Mara had them … Personalist dictators also ensure been anonymously identified by some people that no individuals get too powerful through who had been abused at the military barracks, frequent rotations and purges’ (Frantz & Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
Ezrow 2011, Ch. 2). The relationship between it a potential threat to the nation’s political 16 Bainimarama and Attorney-General Aiyaz- stability, but, more importantly, it also chews Khaiyum has thus been sustained, as up a major portion of Fiji’s budget — money Khaiyum does not enjoy the support of that the country desperately needs for the military council or the major political infrastructure and anti-poverty projects. The parties. Khaiyum had also not been received higher un-budgeted expenditure each year on with affection at an earlier Pacific leaders the military has been analysed by economists meeting. With no support base, he poses no such as Wadan Narsey. There is serious threat to Bainimarama’s power. concern amongst civil society that there may Over the years since the coup, lower rank have been shifts in expenditure to military- soldiers have been given roles in non-military driven projects that remain invisible due to agencies, such as assisting the Public Works the fact that government expenditure cannot Department with road building and repair be monitored because no auditor-general’s work, managing natural disaster mitigation report has been tabled since the 2006 coup, and relief works, and assisting the Land and due to the non-existence of a parliament. Transport Authority. They have also been Geddes has noted that, among many things working with the police to apprehend escaped highly valued by professional soldiers are prisoners and, since the coup, vehicles with budgets sufficient to attract high-quality the signage ‘Military Police’ have emerged. recruits and buy state-of-the-art weapons, and Soldiers accompany Bainimarama on his that the ‘... continued existence of lucrative official trips to the interior, such as Namosi, opportunities for officers may depend on Tailevu and Ra. In such ways, soldiers are the survival of the military as an effective made to feel they have an important role in organisation’ (Geddes 1999:126). On this Fiji’s society that is normally beyond that of basis, retaining substantive expenditure on the military and ordinary citizens. the military has been essential to the survival To implement the coup and to maintain of Bainimarama’s coup regime. the morale and loyalty of soldiers, between 2005 and 2009 the government increased Impact of Infrastructure and Poverty its expenditure on the military by FJD$25.3 Reduction Strategies million. Government statistics reveal that One of the main aims of the Bainimarama-led expenditure on general public services by coup in 2006 was the alleviation of poverty the Bainimarama government generally through infrastructure projects, the ending decreased after the coup (except in 2009), of racism and the eradication of corruption; while expenditure on defence, public order these goals have become more significant as and safety increased. The military drastically the centrality of others, including upholding overspent its 2007 budget. Former finance the Constitution and electoral reform, seem minister Mahendra Chaudhry admitted that to have diminished. the RFMF did so without following proper After December 2006, many civil society procedures. Chaudhry, however, justified the supporters of the government, such as Father overspending on the grounds that ‘following Kevin Barr and academic Satendra Nandan, threats of overseas invasion after the were convinced that the government would December 2006 takeover, safety and security resolve the squatter problem, provide mini- measures were put in place by the military mum wages and provide infrastructure, such which required more money then what was as roads, water and electricity in rural areas. in their budgetary allocation’ (FBC 26/11/08). Their conviction was strengthened when, Fiji government’s yearly budgets show immediately after the coup, Interim Finance about 77 per cent of the government’s Minister Chaudhry announced that the expenditure is utilised to maintain the public increase in VAT to 15 per cent announced by service machinery, and about one-tenth of the deposed government would be rescinded this is on the military. The large size of in order to reduce the burden on the poor. Fiji’s military is a concern as, not only is Projects were announced to build low-cost Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
Table 1: Expenditure on Defence and Public Safety: 2005–2009 (FJD$ ’000) 17 Province 2005 2006 2007 2008 2009
General Public Services 99,047 147,782 65,738 65,711 99,649 Defence 72,933 93,625 121,731 85,431 98,243 Public Order and Safety 84,129 96,558 99,977 108,541 108,093
Source: Fiji Islands Bureau of Statistics, Key Statistics, June 2010.
housing, and complete major road works, If comments by provincial leaders are such as the Kings highway. anything to go by, Bainimarama’s strategy The need for economic improvement was of obtaining local community acceptance made clear in Fiji: The State of the Nation of his government through the delivery and the Economy Report, a comprehensive of local infrastructure may be working. In report on Fiji’s economic situation since September 2010, a delegation of chiefs from independence produced by the Secretariat 16 districts of Naitasiri Province — a province of the NCBBF to assist in the formulation known to be opposed to Bainimarama’s of a ‘charter’ for Fiji, which stated (NCBBF coup — visited Bainimarama’s residence in 2008:9) that increasing government debt Muanikau to present a traditional apology for and associated high interest payments had past indiscretions and to pledge support to drained funds for necessary infrastructure. the current prime minister and government The report revealed that Fiji’s economic (Fijivillage.com 3/9/10). The traditional growth had been on a slow downward curve presentation of a tabua (whale’s tooth) for a since 1970. matanigasau ceremony to seek forgiveness, In Fiji, infrastructure development since was made on behalf of its high chief, the independence has relied heavily on aid and Qaranivalu Ratu InokeTakiveikata, who development loans. The Rewa Bridge in is currently serving a prison sentence for Suva, for example, was made possible by a attempting to assassinate Bainimarama, and FJD$24 million aid grant from the European on behalf of the province. The delegation Union and, in 2005, the Asian Development included Ratu Inoke’s wife, Adi Lagamu Bank, World Bank and the Exim Bank of Takiveikata. Japan co-funded road improvement projects Speaking on behalf of the vanua of Vuda, worth FJD$118 million. Ratu Tevita Momoedonu said they were Since the 2006 coup, the sources of indebted for the infrastructure development aid have shifted as traditional lenders have in Ba Province that eventuated during demonstrated reluctance to support the Bainimarama’s term in office (FBC 4/9/10). non-democratically elected government, The people of Tovata Confederacy, in and funds have been sought and received September 2010, expressed support for from lenders less concerned with what they Bainimarama’s efforts to make development, regard as internal politics. For example, in and not elections, a priority (FBC 2010, China donated FJD$10 million for the 5/9/10). In August 2010, similar sentiments implementation of the Somosomo Hydro were relayed by the people of Bua, Scheme, which will see the electrification of Cakaudrove and Macuata in Vanua Levu. the island of Taveuni completed (Radio Fiji Speaking on behalf of Lau people, the Turaga 5/9/10). An FJD$80 million upgrade of the Tui Ono Waisea Davuiqalita from Ono-i-Lau Sigatoka to Rakiraki Road, funded by the Island expressed satisfaction that Fiji was Exim Bank of Malaysia, is expected to be back on track, that promises by government completed in 2011 (FBC 11/8/10). had been fulfilled and that projects that had Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
been in the pipeline for four years were reports in the media were their only source 18 completed (Radio Fiji 18/8/10). of information. However, in mid-2011, the Interestingly, Bainimarama’s apparent government uploaded all the decrees onto strategy of providing local infrastructure and its website, although many citizens remain services in exchange for support seem to be unaware of this development. directed at the indigenous Fijian community. Certainly, the Bainimarama regime has There is little evidence to show that the neither been democratic nor transparent in Bainimarama government is doing anything law-making. However, the promulgation of similar for communities of other ethnic groups. over a hundred decrees since the 2006 Notwithstanding these local examples of coup suggests the coup was implemented what could be seen as infrastructure-bought in a markedly different manner to previous political acceptance, the overall economy of coups. The minor changes in legislation Fiji has not improved since the 2006 coup. An entrenched executive control over decision- analysis of the government’s financial aims making. Some new pieces of legislation, in the 2011 budget, undertaken by econo- such as the Crimes Decree, anti-corruption mist Dr Wadan Narsey, revealed that the decrees, Media Decree and PER, have sig- Bainimarama government has failed to: raise nificantly changed the legal scenario in Fiji investment levels to 25 per cent of GDP, grow as they enabled the Bainimarama regime to the economy by 5 per cent annually, reduce entrench repression. However, the regime the rate of poverty to a negligible level, and also created support for its agenda through maintain average annual inflation to around some ‘good governance’ laws, such as those 2–3 per cent — all of which were put forward focusing on anti-corruption, criminalisation of as aims of the regime following the coup domestic violence, the neutralising of chiefly (Narsey 2010). control, decriminalisation of homosexual rela- The analysis reveals that, on the contrary, tionships, and anti-racism. There have been fiscal deficits and government debt, have both mixed reactions amongst people, with many drastically increased since December 2006. opposed to repressive laws but still managing some praise for the regime’s ‘good gover- nance’ laws. Concluding comments The repressive laws introduced — and propaganda distributed via a controlled On 6 June 2011, the attorney-general was media — particularly since April 2009, have reported on Fijilive as saying ‘We have had the effect of stifling criticism and convey- brought in about 70 new laws within one ing the impression that the regime enjoys year’. The previous month, on 11 May 2011, significant grassroots support. At the same the solicitor general had been quoted on time, decrees protecting the regime from Radio Fiji as saying ‘Fiji passed 55 laws last prosecution, and a strategy of keeping the year — and more will be passed this year ...’. military loyal and strong through rewarding In the early period after the abrogation of loyal officers with good positions, sidelin- the constitution, decrees were systematically ing or removing from office those posing a announced, gazetted and published on the threat, and ensuring a healthy budget for the government website immediately upon prom- disciplinary services has further entrenched ulgation. But within a few months, the public Bainimarama’s position. And, of late, the was learning only about those decrees that apparent acceptance of the regime by those the government chose to announce in the indigenous communities who have benefit- media. Not all decrees were announced upon ed from infrastructure projects, may add to promulgation and some were not announced Bainimarama’s sense of, or actual, security. at all. In late 2009, the government stopped The ‘short periods of military rule followed publishing decrees on its website. As a result, by the consolidation of power by a single many people in Fiji could not access informa- officer and the political marginalisation of tion on significant changes in the law, and the much of the rest of the officer corps’, seen Stifling Opposition: An Analysis of the Approach of the Fiji Government After the 2006 Coup
by Geddes as a characteristic of a personal- Acknowledgments ist regime, usefully describes the situation in 19 post 2006 coup Fiji, in which the officers of I would like to thank Dr Jon Fraenkel for his the early established military council were encouragement and guidance in the prepara- given prominent government roles immedi- tion of this paper. I also thank the staff of the ately following the coup, but, in later years, SSGM program at ANU and the academics were moved, sidelined or reshuffled, until I met via SSGM who shared their thoughts, only Bainimarama remained as a key leader comments and advice on my paper. I also without any apparent military successor. thank Wendy Tubman for extensively editing The repressive laws have, so far, suc- ceeded in stifling the free will of the people. the original draft. However, having studied 163 authoritarian regimes, Geddes notes that, ‘All kinds of Endnotes authoritarian regimes were eventually affect- ed by the economic crisis, as populations 1. The Bainimarama administration has been plunging into poverty blamed their govern- known as Fiji’s ‘Interim Government’ or ments and gradually took the risk of demand- ‘Caretaker Government’ since 5 December ing change’ (Geddes 1999:138). 2006, due to its unelected status. Since Five years after the Bainimarama-led 10 April 2009, when it was re-sworn-in, it coup, despite government claims to the has generally been accepted locally and contrary, and despite winning over some internationally that the regime will stay in indigenous communities with the provision of power for many years. Furthermore, due relatively small local infrastructure projects, to censorship after 10 April 2009, the local the economy of Fiji has worsened. Recent media became obliged to refer to the regime court cases on ‘seditious comments’ sprayed as the ‘Fiji government’. Thus, in this paper, on billboards in the Suva-Nausori corridor, the government prior to 10 April 2009 is and prominent trade union leader Daniel Urai referred to as the ‘Interim Government’ and being charged with urging political violence suggest that repression is not working, and the one appointed after 10 April 2009 is that Bainimarama remains afraid of people referred to as the government. in Fiji who do not support the activities of the 2. The author was employed at CCF between government. Earlier this year, major donors January 2007 and February 2011 and refused to release aid to Fiji unless genuine witnessed these events. steps are taken towards free elections. This resulted in the regime making public reassurances that elections will happen in References 2014, and consultations for a new constitution will begin by September 2012. The lifting of the PER in January 2012 still left intact Bainimarama, V. 2006, Statement of Acting Pre- repressive laws including those curtailing the sident Bainimarama. News Release 6/12/06. powers of the judiciary and the media. Pacific Islands Report
CCF 2010(a). Law & Justice Report, April 2009 Government of Fiji decrees and regula- 20 – April 2010, Suva: CCF. tions (in order of mention in this paper) CCF 2010(b). New Crimes Decree Reduces Fiji Constitution Amendment Act 1997 Penalties for Coups and Treason. Media Revocation Decree 2009 (Decree No.1). Release, 3/2/10. Suva: CCF. Available from Pacific Islands Legal Information Institute
Administration of Justice Decree 2009 (Decree Sentencing and Penalties Decree 2009 No. 9). Available from Pacific Islands Legal (Decree No. 42). Available from Pacific 21 Information Institute
Fijilive =archivedstory&id=170509c346cc632286a b8345ac16b2>, viewed 27/1/12. 22 15/4/09. Court Cases Delayed for a Month.
2/11/10. Chand, S. Tuisolia Walks.
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Cases 2011/3: Michelle Kopi et al., Insecurity in the Southern from Western Province Highlands: The Nature, Triggers and Consequences of Violence in Hela Region 2008/6: Abby McLeod, Leadership Models in the Pacific 2008/7: Nicole Haley, Strengthening Civil Society to Build 2011/4 Elizabeth Reid, Reading Generalised HIV Epidemics Demand for Better Governance in the Pacific. as a Woman Literature Review and Analysis of Good Practice and 2011/5 Jaap Timmer, Compensation and State Avoidance Lessons Learned in the Bugis Frontier of the Mahakam Delta, East 2008/8: Richard Eves, Cultivating Christian Civil Society: Kalimantan Fundamentalist Christianity, Politics and Governance in Papua New Guinea For details of the SSGM Discussion Papers published from 1996, see the SSGM website: http://ips.anu.edu.au/ssgm/discussion.php ISSN: 1328-7854 The State, Society and Governance in Melanesia Program (SSGM) is a multidisciplinary research unit within The Australian National University’s College of Asia and the Pacific. The program conducts research on important contemporary issues affecting the Pacific, and especially Melanesia, including topics of particular relevance to Australia’s aid program and to the Australian and partner government policies more generally. SSGM’s key objectives are to encourage scholarship on governance and state–society relations; generate dialogue throughout Melanesia and the Pacific Islands on these issues; and assist in bridging policy and research. The program’s research and outreach focuses on: • Island Melanesia — Papua New Guinea, Solomon Islands, Vanuatu, New Caledonia and Fiji • The culturally related region to the west including Papua/West Papua and Timor Leste • The countries of the Pacific Islands region to the north and east. State, Society and Governance in Melanesia ANU College of Asia and the Pacific The Australian National University Telephone: +61 2 6125 8394 Fax: +61 2 6125 9604 Email: [email protected] http://ips.cap.anu.edu.au/ssgm/ For details of the SSGM Discussion Papers published from 1996, see http://ips.anu.edu.au/ssgm/discussion.php ISSN: 1328-7854