Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: FJI34279 Country: Fiji Date: 13 January 2009 Keywords: Fiji – Civil Servants – Militarisation of Civil Service This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein. Questions 1. Deleted. 2. Are there reports of harassment or abuse of civil servants who served under Prime Minister Qarase, as distinct from persons who were Ministers in the Qarase government? 3. Deleted. 4. Is there any information about military personnel being placed in civil service jobs and about any abuses occurring as a result? RESPONSE 1. Deleted. 2. Are there reports of harassment or abuse of civil servants who served under Prime Minister Qarase, as distinct from persons who were Ministers in the Qarase government? No reports of harassment or abuse of civil servants who served under Qarase were found amongst the sources consulted. Sources, quoted below, report that following the military coup in December 2006 a number of senior civil servants lost their jobs. On 5 December 2006, after Commodore Bainimarama declared a state of emergency in Fiji, a number of senior civil servants were terminated from their positions including but not limited to: Police Commissioner Andrew Hughes; Deputy Police Commissioner Moses Driver; Assistant Commissioner of Police (Crime) Keveueli Bulamainaivalu; Chief Executive Officer in the Prime Minister‟s Office Joji Kotobalavu; Chief Executive Officer for Public Services Anare Jale; Chief Executive Officer for National Reconciliation Ministry Apisalome Tudreu; Chief Executive Officer for Finance Ministry Paula Uluinaceva; Chief Executive Officer Fijian Affairs Board Adi Litia Qionibaravi; Parliament Secretary-General Mary Chapman; Solicitor-General Nainendra Nand; Public Service Commission Chairman Stuart Huggett; Principal Legal Officer in the Prime Minister‟s Office Ilaitia Tamata; Supervisor of Elections Semesa Karavaki; Airports Fiji Limited Chief Executive Ratu Sakiusa Tuisolia; Airports Fiji Limited Chairman Viliame Leqa; Airports Fiji Limited member Adish Naidu; Post Fiji Limited Board Members Imrana Jalal, Malcolm Harrison and Lute Powell; Civil Aviation Authority of Fiji Board Members Isimeli Bainimara, Kenneth Zinck and Ofa Swann; Air Terminal Services Executive Chairman and Chief Executive Isimeli Bainimara; Fiji Electricity Authority Board Chairman Joe Mar; Personal Secretaries of the Prime Minister Pene Nonu and Sakesi Ditoka; and “The boards and chief executives of state-owned enterprises – including Fiji Pine, Fiji Post, the FNPF [National Provident Fund Fiji], Airports Fiji, Air Terminal Services, the Civil Aviation Authority of Fiji, Ports Corporation and Ports Terminal Ltd, the Fiji Electricity Authority and the Sugar Cane Growers‟ Council – were all purged” (p.428) (Sera, Janine 2006, „Military sacks more officials‟, Fiji Times, 15 December http://www.fijitimes.com/story.aspx?id=53523 – Accessed 12 January 2009 – Attachment 3; „Sacked officers can „challenge dismissal‟‟ 2006, Fiji Times, 16 December http://www.fijitimes.com/story.aspx?ref=archive&id=53604 – Accessed 12 January 2009 – Attachment 4; and Fraenkel, Jon 2007, „The Fiji coup of December 2006: who, what, where and why?‟, From Election to Coup in Fiji – The 2006 campaign and its aftermath, ANU E Press, Canberra, Addendum, p.428 – Attachment 5). An article dated 10 January 2007 in The Pacific Islands Report comments that “Bainimarama sacked a number of senior public servants who were critical, or perceived to be critical of the military takeover. They were sacked because, as the Commander puts it: “…we cannot, under the current state of affairs, have with us those who are working, and will work against the military within the system.” The article notes that a “week after the military takeover, more than half of the Chief Executive Officers (CEO) in the Public Service were served their termination letter” (Kabutaulaka, Tarcisius Tara 2007, „Fiji Coup: Things Fall Apart‟, Pacific Islands Report, 10 January http://archives.pireport.org/archive/2007/january/01-10- comm1.htm – Accessed 12 January 2009 – Attachment 6). A 2007 discussion paper by Professor Lal of the Australian National University reports that “after December 5, a number of senior civil servants were either sacked or sent on leave because of their alleged closeness to the Qarase government and because of doubt about their loyalty to the Interim Administration. Some were sacked because of alleged mismanagement and corruption, none of it proven so far” (Lal, Brij V. 2007, „„This Process of Political Readjustment‟: Aftermath of the 2006 Coup‟, State Society and Governance in Melanesia, , Research School of Pacific and Asian Studies, Australian National University, Discussion Paper 2007/2, p.8 – Attachment 7). A 2007 paper by Professor Jon Fraenkel of the Australian National University reports that “those targeted were usually officials identified with the Qarase government or known opponents of the new regime, but dismissals were invariably accompanied by allegations of corruption, mismanagement and abuse of office. On Radio Fiji One, military spokesmen initiated daily attacks in the Fijian language on such opponents, making accusations of grave misdemeanours that were not repeated on the station‟s English language programs” (Fraenkel, Jon 2007, „The Fiji coup of December 2006: who, what, where and why?‟, From Election to Coup in Fiji – The 2006 campaign and its aftermath, ANU E Press, Canberra, Addendum, p.428 – Attachment 5). According to Amnesty International, in August 2007 a senior civil servant was suspended without pay “following allegations that he contributed to anti-military blog sites.” The US Department of State reports that “two senior civil servants accused of contributing to a blog were suspected from duty and subjected to disciplinary action.” Amnesty International and the US Department of State report that civil servants were warned against accessing anti- government blogs or taking part in anti-government websites (US Department of State 2008, Country Reports on Human Rights Practices 2007 – Fiji, 11 March, Section 2a Internet Freedom – Attachment 8; and Amnesty International 2008, „Fiji‟, Amnesty International Report 2008, 28 May, p.130 – Attachment 9). 3. Deleted. 4. Is there information about military personnel being placed in civil service jobs and about any abuses occurring as a result? Sources, quoted below, provide information on the placement of military personnel into civil service jobs. No reports were found amongst the sources consulted of any abuses occurring as a result of these placements. According to a 2007 discussion paper by Professor Lal, “a number of senior military personnel have been transferred into the service in recent months, blurring the line between the military and the civil service.” Professor Lal notes that the “appointment of military personnel to civil and diplomatic service is not new in Fiji.” Professor Lal continues: After the 1987 coups, a number of senior military personnel were appointed to the public service, some even as district commissioners. None of them were spectacular successes. Their appointments caused bitterness and frustration among senior civil servants bypassed or sidelined. There is a similar crisis of confidence in the civil service now. With the departure of talent from the civil service, and from Fiji generally, the problem acquires a graver complexion (Lal, Brij V. 2007, „„This Process of Political Readjustment‟: Aftermath of the 2006 Coup‟, State Society and Governance in Melanesia, , Research School of Pacific and Asian Studies, Australian National University, Discussion Paper 2007/2, p.8 – Attachment 7). A number of senior military personnel have been transferred into the Fijian civil service including but not limited to: Esala Teleni was promoted to Commodore and is Police Commissioner; Viliame Naupoto was promoted to Commander and is Director of Immigration; Iaone Naivalarua was promoted to Brigadier and is Prisons Commissioner and Chair of the Post Fiji Board; Lt Commander Eliki Salusalu is Manager of the Government Information Technology Centre; Land Forces Commander Colonel Pita Driti is High Commissioner to Malaysia; Colonel Mason Smith is Ambassador to the United Nations; Major Neumi Leweni has been posted to China as military attaché; Lieutenant-Colonel George Langman is head of thr Fiji Independent Commission Against Corruption (FICAC); Colonel Apakuki Kurusiga is head of a team tasked with investigating the alleged corrupt practices at the Native Land Trust Board; Major Pio Tikoduadua is Acting Permanent Secretary for Justice; Major Ana Rokomokoti is a Magistrate; and Lt-Commander Naqali is Fisheries Director (Lal, Brij V. 2007, „This Process of Political Readjustment: Aftermath of the 2006 Coup‟, State Society and Governance in Melanesia, , Research School of Pacific and Asian Studies, Australian National University, Discussion Paper 2007/2, p.8 – Attachment 7; and Raicola, Vereniasi 2007, „Soldiers