State Society and Governance in Melanesia

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.

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