Military Opposition To The Reconciliation, Tolerance, And Unity Bill
   HOME

TheInfoList



OR:

Commodore Commodore may refer to: Ranks * Commodore (rank), a naval rank ** Commodore (Royal Navy), in the United Kingdom ** Commodore (United States) ** Commodore (Canada) ** Commodore (Finland) ** Commodore (Germany) or ''Kommodore'' * Air commodore, a ...
Frank Bainimarama Josaia Voreqe "Frank" Bainimarama (Fijian: ʃoˈsɛia βoˈreŋɡe mbɛiniˈmarama born 27 April 1954) is a Fijian politician and former naval officer who served as the prime minister of Fiji from 2007 until 2022. A member of the FijiFirst ...
, Commander of the
Republic of Fiji Military Forces The Republic of Fiji Military Forces (RFMF, formerly the Royal Fiji Military Forces) is the military force of the Pacific island nation of Fiji. With a total manpower of about 4,000 active soldiers and approximately 6,000 reservists, it is one ...
, had been a vociferous and uncompromising critic of the government's proposal to establish a
Reconciliation and Unity Commission The Reconciliation and Unity Commission was a proposed government body to be set up if the Reconciliation, Tolerance, and Unity Bill, which was introduced into the Fijian Parliament on 4 May 2005 was passed. The legislation proposed to empower th ...
, with the power to grant compensation to victims of the
2000 Fijian coup d'état The Fiji coup d'état of 2000 was a civilian coup d'état by hardline i-Taukei (ethnic Fijian) nationalists against the elected government of an Indo-Fijian Prime Minister, Mahendra Chaudhry on 19 May 2000. This was followed by an attempt on ...
, and amnesty to perpetrators of it. Among other objections, the Military claimed that its integrity and discipline would be undermined if soldiers who
mutinied Mutiny is a revolt among a group of people (typically of a military, of a crew or of a crew of pirates) to oppose, change, or overthrow an organization to which they were previously loyal. The term is commonly used for a rebellion among members ...
in the 2000 upheaval were to be pardoned. The military's opposition to the Bill culminated in a coup d'état in December 2006.


The power struggle

On 13 May 2005, Bainimarama spoke out against the proposal, calling it "Reconciliation bull" and vowing that he and the military would oppose the legislation, which detractors say is a sham to grant amnesty to supporters of the present government who played roles in the coup. His attack on the legislation, which continued unremittingly throughout May and into June, further strained his already tense relationship with the government. Bainimarama was supported by Army spokesman
Captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...
Neumi Leweni Neumi Leweni (born 1957) is a Fijian Army officer and diplomat, who holds the rank of lieutenant colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other bein ...
, who said on 16 May that a meeting of senior officers had resolved to try to prevent the passage of the legislation. ''"We are not in favour of the Bill that proposes to offer amnesty for coup perpetrators in 2000, and will do all we can to oppose it,"'' Leweni said. Bainimarama said on 1 June that having undergone three coups in eighteen years, Fiji could not be compared to other commonwealth countries. He said this in response to claims by Home Affairs Minister Vosanibola that Fiji was the only country in the
Commonwealth of Nations The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...
whose Military commander dared to oppose government policy. Bainimarama refused to say what the military would do if the government insisted on passing the bill, saying that they would cross that bridge when they came to it. Tensions escalated after 4 June, when Bainimarama publicly accused Prime Minister Qarase of having snubbed a military parade the previous day, in honour of Fijian soldiers returning from peacekeeping missions in
East Timor East Timor (), also known as Timor-Leste (), officially the Democratic Republic of Timor-Leste, is an island country in Southeast Asia. It comprises the eastern half of the island of Timor, the exclave of Oecusse on the island's north-weste ...
. Commodore Bainimarama reiterated the Military's opposition to the legislation on 24 August. He asserted that it was the Military's prerogative to decide on the bill, as it was they and not the government that was responsible for the stability currently enjoyed by Fijian citizens. In a four-page statement, Bainimarama said that the Military, the Police, and the office of the
Director of Public Prosecutions The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
had done much to restore stability to Fiji, with no assistance whatsoever from the government. On 12 October, Military spokesman Captain
Neumi Leweni Neumi Leweni (born 1957) is a Fijian Army officer and diplomat, who holds the rank of lieutenant colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other bein ...
emphasized that the Military still wanted the bill withdrawn in its entirety. The amendments to the amnesty clauses hinted at by Prime Minister Qarase were not a sufficient guarantee that no coup perpetrators would be released, he said. He added that while the Military was committed to protecting the democratically elected government, it would not allow supporters of the 2000 coup to "bulldoze" the legislation through. Leweni reiterated this stance on 28 November. ''"We stated earlier that we do not want this bill at all and even if there are amendments we will still not support its implementation,"'' he said. He threatened legal action if the bill, in any form, was passed. He was supported by Rev.
Akuila Yabaki Akuila Yabaki is a Fijian human rights activist and Methodist Church, Methodist clergyman. He is currently the Executive Director of the Citizens Constitutional Forum (Fiji), Citizens Constitutional Forum, a pro-democracy organization. Yabaki w ...
of the
Citizens Constitutional Forum Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
, who said that the bill in its entirety was "unconstitutional" and needed to be withdrawn, and if not, challenged in the courts.


Calls to discipline the military

On 29 May, more than 20 military officers, dressed in uniform, sat in the visitors' gallery in Parliament in a silent protest against the legislation. Home Affairs Minister
Josefa Vosanibola Josefa Bole Vosanibola is a Fijian politician who served as Minister for Home Affairs from 16 December 2004, when he was appointed by Prime Minister Laisenia Qarase to succeed Joketani Cokanasiga, to 5 December 2006, when his government was depose ...
labelled Bainimarama "arrogant," saying that he was the only military commander in the
commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
with the effrontery to interfere in political affairs. While conceding that as citizens, soldiers had a right to observe parliamentary proceedings, they should have worn civilian clothes so as to avoid drawing attention to themselves. Attorney-General Qoriniasi Bale called for an investigation into why the officers had been in Parliament during work hours, and into why they had been in uniform.


Conservative Alliance calls for Bainimarama to be disciplined

The Conservative Alliance (CAMV), the junior partner in Fiji's
coalition government A coalition government is a form of government in which political parties cooperate to form a government. The usual reason for such an arrangement is that no single party has achieved an absolute majority after an election, an atypical outcome in ...
, called on Bainimarama and Police Commissioner Andrew Hughes to resign for "making a mockery of (Fiji's) judicial systems," and Home Affairs Minister Vosanibola labelled Bainimarama "arrogant," saying that he was the only military commander in the
commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
with the effrontery to interfere in political affairs. Bainimarama retorted on 1 June that having undergone three coups in eighteen years, Fiji could not be compared to other commonwealth countries. On 15 July, Cakobau called for Bainimarama to be disciplined for insubordination, while
Jale Baba Jale Baba in Lautoka is a Fijian businessman and political organizer. A forestry graduate of the Australian National University, he worked for Fiji Pine Limited for more than 20 years, before leaving in 1999 to start his own company- Baba Fo ...
, National Director of the ruling
Soqosoqo Duavata ni Lewenivanua The United Fiji Party ( fj, Soqosoqo Duavata ni Lewenivanua, SDL) was a political party in Fiji. It was founded in 2001 by Prime Minister Laisenia Qarase as a power base; it absorbed most of the Christian Democratic Alliance and other conser ...
, said that ''"some of the statements made by Commodore Bainimarama were against the institution he worked for."'' However,
Opposition Leader The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
Mahendra Chaudhry Mahendra Pal Chaudhry ( hif, महेन्द्र पाल चौधरी; born 9 February 1942) is a Fijian politician and the leader of the Fiji Labour Party. Following a historic election in which he defeated the long-time former lead ...
, who had been critical of Bainimarama in the past, supported him this time, saying that the reason why Bainimarama opposed the legislation was that he understood what it was really about.


Vosanibola warns Bainimarama

On 9 June, Vosanibola reacted to warnings from Bainimarama that the military might be forced to "open up" by reiterating his previous threats to discipline Bainimarama if he failed to act in accordance with government policy and submit any complaints through the correct channels. On 20 June, the
Fiji Times ''The Fiji Times'' is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869 by George Littleton Griffiths, it is Fiji's oldest newspaper still operating. ''The Fiji Times'' is owned by Motibhai G ...
reported that "a reliable source" close to the government had accused
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
Ratu Josefa Iloilo, as the Military Commander-in-Chief, of refusing repeated requests from Vosanibola to institute disciplinary measures against Bainimarama. The source cited Section 96 of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
, which requires the President to act on the advice of the appropriate
Cabinet Minister A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, ...
, in this case the Home Affairs Minister, and accused him of refusing to do so. This, he said, was making the Minister look foolish and incompetent. On 30 June,
Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Qoriniasi Bale said that there was no problem between the government and the military, but added, ''"The only problem is an army leadership that thinks it rules the Government when it is supposed to be the other way around."'' He claimed that measures were underway to resolve the dispute. Bale was responding to concerns raised by the Nadroga-Navosa Provincial Council about the government's passage of controversial legislation in the face of opposition from the military, as well as from foreign governments. Home Affairs Minister Vosanibola finally admitted on 13 July that the government was
constitutionally A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
powerless to do anything to discipline the Military commander. He said that the government was very concerned about Bainimarama's behaviour, and accused the media of exacerbating the tensions. ''"You (the media) can play a major role and come to us first instead of coming to us after highlighting what he (Bainimarama) has said,"'' Vosanibola told the Fiji Times. On 15 July, Vosanibola appeared to backtrack somewhat, saying that the government was looking at disciplinary options short of removing the commander from his position. According to the Fiji Times, he admitted having paid several visits to President Iloilo over the matter.


Alleged offer to form pro-government mercenary force

Also on 15 July, the
Fiji Sun ''Fiji Sun'' is a daily newspaper published in Fiji since September 1999 and owned by Sun News Limited. ''Fiji Sun'' was founded by and is part of CJ. Patel Group. The Fiji Sun has its main newsroom in Suva, Fiji. Its print center remains in su ...
newspaper quoted a former soldier, who claims to be an
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
i-trained Fijian security officer, as having met the Prime Minister and the Home Affairs Minister to offer to set up a
mercenary A mercenary, sometimes also known as a soldier of fortune or hired gun, is a private individual, particularly a soldier, that joins a military conflict for personal profit, is otherwise an outsider to the conflict, and is not a member of any o ...
force, which he called a "protection squad," to defend the government against any threat from the Military. It would take less than a week to assemble the squad, he was reported as saying.
Fiji Live ''Fijilive'' is an online newspaper and business and cultural directory in Fiji. The site is owned by the Future Group of Companies owned by Fiji entrepreneur Yashwant Gaunder. ''Fijilive'' is one of Fiji's largest websites. The site rose to ...
reported that Police Commissioner Andrew Hughes had expressed surprise at the news, saying that as one of the country's top security officers, he knew nothing about the matter. Commodore Bainimarama, for his part, said from
New Caledonia ) , anthem = "" , image_map = New Caledonia on the globe (small islands magnified) (Polynesia centered).svg , map_alt = Location of New Caledonia , map_caption = Location of New Caledonia , mapsize = 290px , subdivision_type = Sovereign st ...
that the man was a "loser" who had been dishonourably discharged from the Fijian Army some time before. On 19 July, the government convened a meeting of the
National Security Council A national security council (NSC) is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security. An NSC is often headed by a na ...
, comprising Prime Minister Qarase, Attorney-General Bale, Finance Minister Ratu Jone Kubuabola,
Foreign Minister A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
Kaliopate Tavola Kaliopate Tavola (born 1946) is a Fijian Agricultural economist, diplomat, and politician, who was his country's Minister for Foreign Affairs from 2000 to 2006. He was also Minister for External Trade and Minister for Sugar. Diplomatic caree ...
, and Home Affairs Minister Vosanibola, to discuss the increasing tension between the government and the military. The Ministers emerged from the Council meeting tight-lipped and unwilling to answer questions pertaining to the relationship between the government and the military, except to say that the security situation was "calm" and "stable." Home Affairs Minister Vosanibola said that the government did not need the help of mercenaries, as offered by Raqio. Prime Minister Qarase, for his part, said that he was satisfied with military and police assurances about the security situation. ''"I would like to reiterate the assurances given by the military and police that the situation in the country is stable,"'' the Prime Minister said. Meanwhile, military spokesman Captain
Neumi Leweni Neumi Leweni (born 1957) is a Fijian Army officer and diplomat, who holds the rank of lieutenant colonel. He hails from the Lau Islands. He joined the Military in 1974 and by 2006 was one of two official spokesmen for the Military, the other bein ...
said that the military had not provided the Security Council with any briefing.


Alleged attempt to dismiss commander

On 20 July, Bainimarama went public with allegations that Home Affairs Minister Vosanibola had attempted to dismiss him in June. The
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
had, he claimed, discussed a letter of termination presented by Vosanibola. Meanwhile,
Radio Australia ABC Radio Australia, also known as Radio Australia, is the international broadcasting and online service operated by the Australian Broadcasting Corporation (ABC), Australia's public broadcaster. Most programming is in English, with some in Tok ...
admitted its embarrassment over a telephone interview conducted, supposedly with Bainimarama, on 18 July. Bainimarama denied having given the interview, and Radio Australia admitted the next day that the person who answered the call, whom they now believed to have been a member of Bainimarama's staff, appeared to have been impersonating him.


Further criticism of commander

In a
parliamentary A parliamentary system, or parliamentarian democracy, is a system of democracy, democratic government, governance of a sovereign state, state (or subordinate entity) where the Executive (government), executive derives its democratic legitimacy ...
speech on 10 August, Fisheries Minister Konisi Yabaki accused the opposition
Fiji Labour Party The Fiji Labour Party (FLP; fj, Ilawalawa Cakacaka ni Viti), also known as Fiji Labour, is a political party in Fiji. Most of its support is from the Indo-Fijian community, although it is officially multiracial and its first leader was an in ...
of having manipulated the military, as well as the police, to defy the government. He said they had ''"poisoned the minds of the current leadership in the disciplined forces to publicly express their views against an elected Government without fear of retribution or recrimination."'' On 3 October, Prime Minister Qarase called on Bainimarama to respect the authority of the government. He said that Home Affairs Minister Josefa Vosanibola was studying Bainimarama's recent comments, and that the government would duly decide what action to take in response.


Efforts to defuse the quarrel

On 21 June, Bainimarama's predecessors as Military commander,
Sitiveni Rabuka Sitiveni Ligamamada Rabuka, (; born 13 September 1948) is a Fijian politician who has served as Prime Minister of Fiji since 24 December 2022. He was the instigator of two military coups in 1987. He was democratically elected as Prime Ministe ...
(who supports the government's proposed reconciliation commission) and
Epeli Ganilau Brigadier-General Ratu Epeli Ganilau, Military Cross, MC, Fijian honours system, MSD, (born 10 October 1951) is a former Fijian military officer and a retired politician. His career previously encompassed such roles as Commander of the Republic of ...
(who opposes it) both called on the government to settle its quarrel with Bainimarama and stop "passing the buck" to the President. Both men, despite their differences, had already defended Bainimarama's right to speak out, because maintaining stability is the responsibility of the Military. ''"They have a duty to protect the country 24 hours a day and have every right to be part of those observing the tabling of the bill,"'' Rabuka said on 2 June. The day before, Ganilau had said that there was nothing sinister about the military being present to observe the tabling of legislation. Rabuka reiterated on 21 June that Bainimarama was within his rights to speak out, because he would be answerable if anything happened. Prime Minister Qarase said on 31 July that he and Home Affairs Minister
Josefa Vosanibola Josefa Bole Vosanibola is a Fijian politician who served as Minister for Home Affairs from 16 December 2004, when he was appointed by Prime Minister Laisenia Qarase to succeed Joketani Cokanasiga, to 5 December 2006, when his government was depose ...
considered the "
Pacific The Pacific Ocean is the largest and deepest of Earth's five oceanic divisions. It extends from the Arctic Ocean in the north to the Southern Ocean (or, depending on definition, to Antarctica) in the south, and is bounded by the continen ...
way" of dialogue to be the best option to solve the impasse between the government and the military. He said he was ''"always available"'' to enter into dialogue with Commodore Bainimarama. On 3 August, Prime Minister Qarase said that he was taking urgent steps to resolve the tension with the Military. He would consider, he said, the Military's views. The Prime Minister said that the issue was a very sensitive one, and that people should not think about it emotionally. On 12 August, Home Affairs Minister Vosanibola insisted that his relationship with the Commodore Bainimarama was good, and that the government was on good terms with the Military. He was looking at ways to resolve the disagreements between the government and the Military, he added. ''"We will try and smooth the things with the army. I’m looking forward to meet him after this Parliament sitting is over,"'' Vosanibola said.


Threat to depose the government

On 5 June, Bainimarama reiterated his opposition to the proposed reconciliation commission, and said that if the government continued to "bulldoze" it through Parliament, he would be forced to "open up." He did not elaborate on what he meant by that. On 11 July, Bainimarama issued one of his strongest-worded challenges yet to the government, saying that it was forcing the country into the same anarchy as in 2000. The Reconciliation and Unity Bill would never allow the country to live in peace, he said. In an eight-page statement, he warned that the Military was would take decisive action against any "destabilisers" - among whom he named Attorney-General Bale and Ministry of Reconciliation Chief Executive Apisalome Tudreu. ''"The military will dish out the same fate we dealt George Speight and his group to anyone whom we think deserves this treatment,"'' Bainimarama said. He said that he would arrest and put on trial anyone who threatened the stability of Fiji. Home Affairs Minister Vosanibola said in response to Bainimarama's latest attack that it was hurting the fine reputation of the Fijian army, which he said was "a global power" in peacemaking - but which suffered from a present leadership that he saw as "questionable." He called on Bainimarama to respect the rule of law and the parliamentary process. Vosanibola did not, however, repeat previous threats to discipline Bainimarama. The next day, it was revealed that a draft document signed by Commodore Bainimarama had originally contained a direct threat to overthrow the government if the bill went through. ''"The RFMF must stop the Bill from passing or get rid of the Government if it is passed. We can recover without this government, we cannot recover from this Bill,"'' said part of an emboldened paragraph, which was edited out of the document, part of the Military's draft submission to the parliamentary committee considering the bill, before publication. The document accused Prime Minister Qarase and Attorney-General Bale of playing the race card deliberately for political reasons. On 28 July, Bainimarama denied media reports that the Military had been on high alert since the introduction of the bill. The reports surfaced in the light of revelations that security had been tightened at the Queen Elizabeth Barracks in the
Suva Suva () is the capital and largest city of Fiji. It is the home of the country's largest metropolitan area and serves as its major port. The city is located on the southeast coast of the island of Viti Levu, in Rewa Province, Central Divi ...
suburb of
Nabua Nabua, officially the Municipality of Nabua (Rinconada Bikol: ''Banwāan ka Nabua''; Tagalog: ''Bayan ng Nabua''), is a 1st class municipality in the province of Camarines Sur, Philippines. According to the 2020 census, it has a population of 8 ...
, and that security for President Iloilo had also been strengthened. Bainimarama's denial followed a report by
Television New Zealand , type = Crown entity , industry = Broadcast television , num_locations = New Zealand , location = Auckland, New Zealand , area_served = Nationally (New Zealand) and some Pacific Island nations such as the Cook Islands, Fiji, and the Solom ...
on 26 July that Fiji's intelligence service was being put on high alert to counter coup threats from the Military.


Police tighten security

The acting Assistant Superintendent of Police, Unaisi Vuniwaqa, said on 3 August that the police regarded the Military as a possible threat to national stability if the controversial legislation passed, and had taken steps to improve the security of the Parliamentary complex, with checkpoints being set up and plainclothes policemen and Tactical Response Unit guards posted. No one would be admitted to the complex without producing identity cards or receiving confirmation of their business from within the parliamentary secretariat. Military reservists working with the police had also been asked to state which body, Military or police, their allegiance lay with. ''"It's been something that has been on-going even before the Bill and we just wanted to gauge how many men we could rely on in case of emergency,"'' Vuniwaqa said. The same day, Colonel Rabukawaqa denied that there were any plans to overthrow the government. The earlier eight-page memo making such threats that had been leaked to the press was, he said, only a draft. It was ''"just a thought"'' that the Military leadership had considered but not taken further, and should not be taken seriously, he said.


Parliamentary submission

In its parliamentary submission on 29 June, the military claimed that its integrity would be undermined by the passage of the legislation. It expressed concern that soldiers jailed for their involvement in the 2000 coup and the
mutinies Mutiny is a revolt among a group of people (typically of a military, of a crew or of a crew of pirates) to oppose, change, or overthrow an organization to which they were previously loyal. The term is commonly used for a rebellion among member ...
that accompanied and followed it could be released under the bill's amnesty provisions, which would undermine military discipline and weaken the integrity of the military as an institution. The constitutional power of Commodore Bainimarama as Commander, as the person responsible for discipline, would also be degraded, the submission said. ''"The events of 2000 showed that the schism that split the military, the country, judiciary, the police and even families was embedded and took over four years to expunge,"'' the statement said. ''"Any move such as the use of amnesty to allow convicted soldiers to re-enter the rank and file of the military will violate the very basis upon which the strength of the military lies."''


Incident at the Fiji Law Society

The
Fiji Times ''The Fiji Times'' is a daily English-language newspaper published in Suva, Fiji. Established in Levuka on 4 September 1869 by George Littleton Griffiths, it is Fiji's oldest newspaper still operating. ''The Fiji Times'' is owned by Motibhai G ...
reported on 3 July (Monday) that Bainimarama had turned down an invitation to address the
Fiji Law Society The Fiji Law Society is the official body that registers and regulates the activity of all lawyers in Fiji. Historically, the President of the Fiji Law Society was a member ''ex officio'' of the Judicial Service Commission. The Fiji Law Society ...
over the weekend. Chief Justice
Daniel Fatiaki Taniela (Daniel) Vafo'ou Fatiaki CF (born 1954 in Upu, Motusa District, Rotuma) was the Chief Justice of Fiji from 1 August 2002, when he succeeded Sir Timoci Tuivaga, till 5 December 2008. As Chief Justice, he presided over both the High Co ...
confirmed that Bainimarama had been scheduled to speak. Bainimarama was said to be angry with Law Society President
Graeme Leung Graham Everett Leung is a Fijian lawyer and former president of the Fiji Law Society. He was also chairman of the Electoral Commission (Fiji), Electoral Commission, and was named as judge advocate of a Counter Revolutionary Warfare Unit Court Mar ...
, a fellow-opponent of the Reconciliation and Unity Bill, for saying that opposing the legislation was not the prerogative of the military. Meanwhile, it was reported on 5 July that Bainimarama had called the legislation a form of "
ethnic cleansing Ethnic cleansing is the systematic forced removal of ethnic, racial, and religious groups from a given area, with the intent of making a region ethnically homogeneous. Along with direct removal, extermination, deportation or population transfer ...
".


Lobbying the villages, provinces, chiefs

On 21 June, Bainimarama announced that his officers would spend the following six weeks visiting villages to inform the population of the military's perception of the bill, which they had translated into Fijian. The announcement was met with immediate opposition from the
Kadavu Provincial Council Kadavu may refer to: * Kadavu Island, the fourth largest island in Fiji * Kadavu Group, an archipelago in Fiji including Kadavu Island * Kadavu Province, a province of Fiji including Kadavu Group * Kadavu Airport Vunisea Airport is an airport ...
, which supports the legislation. The council's youth coordinator, Sitiveni Qio, said that soldiers campaigning against the bill would not be welcome in Kadavu. Bainimarama said on 24 August that more than 400 villages around Fiji had informed the visiting Military teams that they were opposed to the bill. He stressed that the Military would not allow any more coups to take place in Fiji.


Reaction to bill's endorsement by provincial councils

On 26 July, Bainimarama declared that the military would continue to oppose the legislation, despite its endorsement by the Councils of all fifteen Provinces and dependencies. He said that the bill was ''"morally, ethically, and legally wrong,"'' and that the military would never support it. The Provincial Council representatives who supported the bill were the same people who supported George Speight in 2000, he claimed. Addressing more than 700 soldiers at a passing out parade, he said that reconciliation could not be legislated and could succeed only if it came from the hearts of those responsible for the crime. Passage of the Unity Bill would, he predicted, undermine the four arms of government - the police, the
Department of Public Prosecutions The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ...
, the
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, and the Military, and would lead people to believe that they could get away acts of treason. If so, there would be no end to the culture of coups, he said. He concluded by quoting from the
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts of a ...
that one reaps what one sows.


Address to the Great Council of Chiefs

Addressing a special meeting of the
Great Council of Chiefs The Great Council of Chiefs ''(Bose Levu Vakaturaga'' in Fijian) was a constitutional body in Fiji from 1876 to March 2012. In April 2007, the council was suspended, due to an unworkable relationship with Frank Bainimarama, leader of an "interi ...
in Lami on 28 July, Bainimarama said that the legislation would strip the Military of its ability to carry out its responsibilities in an emergency and would weaken national security. In a 31-page speech that took more than an hour to deliver, he accused the government of harbouring in its ranks persons involved in coup-related crimes in 2000. ''"Who's promoting the Bill? These are people in the current Government who participated in the 2000 coup. Some have been convicted, others are facing trial, there are still others left whom the long arm of the law should get at."'' The commander took pains to emphasize, however, that the Military was not against the government. The issue, as he saw it, was the rule of law, not the government of the day. ''"The Bill will legitimise the 2000 coup and will weaken the law and order agencies,"'' he said. ''"All the good work of rebuilding Fiji to what it is today will be undone."'' The world community would see a country that condones law-breakers, he maintained. ''"Why should only a few people be freed and not others when we are all serving under the same law?'' he asked rhetorically. His speech, laced with quotes from the
Bible The Bible (from Koine Greek , , 'the books') is a collection of religious texts or scriptures that are held to be sacred in Christianity, Judaism, Samaritanism, and many other religions. The Bible is an anthologya compilation of texts of a ...
, urged the chiefs to ''"do right in the eyes of God"'' and reject the bill. ''"If you honourable chiefs agree that those involved in the coup be forgiven, it will prove that we support the wrong and will be at odds with the integrity of God,"'' he declared. The commander criticized the
Methodist Church Methodism, also called the Methodist movement, is a group of historically related Christian denomination, denominations of Protestantism, Protestant Christianity whose origins, doctrine and practice derive from the life and teachings of John W ...
for supporting the bill. ''"When we wrong God, he does not let us go ... When God's people (Jews) wronged him, he weakened them in battle and caused them to be captives in Babylon for 70 years,"'' he stated. He considered that reconciliation would be possible only after justice had been served. He reminded the chiefs that in 2000, they had not agreed to forgive the perpetrators of the coup, but had insisted that justice should take its course. He urged them to stand by that decision now. The commander did not get his way, however, as the Great Council ended up endorsing the bill, though with the qualification that the government should "consider" the objections raised by its opponents, including the Military. Bainimarama ended his address by reminding the chiefs that in 2000, they had not agreed to forgive the perpetrators of the coup, but had insisted that justice should take its course. He urged them to stand by that decision now. He closed by quoting
Amos Amos or AMOS may refer to: Arts and entertainment * Amos Records, an independent record label established in Los Angeles, California, in 1968 * Amos (band), an American Christian rock band * ''Amos'' (album), an album by Michael Ray * ''Amos' ...
5,24: ''"Let justice roll on like a river, righteousness like a never-falling stream."''


Bainimarama criticizes chiefs

On 29 July, Bainimarama issued a statement critical of the chiefs' decision to support the bill. He accused them of forgetting the decision they had made in 2000, that justice should take its course. ''"It is sad that they had forgotten that wise decision and have also forgotten the rest of the multi-racial society within which we live,"'' Bainimarama said. He reiterated that the bill was legally, morally, and ethically wrong, and that it condoned the unlawful events of 2000. He said that the chiefs' decision had alienated a large portion of society, and though he accepted that the decision had been taken, that the Military would continue to oppose the legislation. ''"We will rather air these concerns now than be called in to try to rebuild a society that has been devastated by civil upheaval for this is where we see our destiny if we continue down this path with the Bill,"'' he said. The commander said on 24 August that he was not surprised that the Great Council of Chiefs and the Methodist Church had both endorsed the controversial legislation, as some senior members of both institutions had supported the coup perpetrators in 2000, he alleged. His assertions were supported by former
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
Sitiveni Rabuka Sitiveni Ligamamada Rabuka, (; born 13 September 1948) is a Fijian politician who has served as Prime Minister of Fiji since 24 December 2022. He was the instigator of two military coups in 1987. He was democratically elected as Prime Ministe ...
- who happens to be a supporter of the legislation.


Disagreement with Australian government

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n
Foreign Minister A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between cou ...
Alexander Downer Alexander John Gosse Downer (born 9 September 1951) is an Australian former politician and diplomat who was leader of the Liberal Party from 1994 to 1995, Minister for Foreign Affairs from 1996 to 2007, and High Commissioner to the United King ...
visited Fiji for two days of talks, from 28 to 30 September. Downer expressed strong reservations about the legislation, but also rebuked the Fijian Military for "playing politics." Downer's comments provoked an angry reaction from Bainimarama, who said that Australians had never had to live through a coup and therefore cannot understand what it is like.


Disagreement with Methodist Church

In 2005, Commodore Bainimarama strongly criticized some sections of the
Methodist Church Methodism, also called the Methodist movement, is a group of historically related Christian denomination, denominations of Protestantism, Protestant Christianity whose origins, doctrine and practice derive from the life and teachings of John W ...
for supporting the Unity Bill, and said that in future, all pastors seeking
chaplaincy A chaplain is, traditionally, a cleric (such as a minister, priest, pastor, rabbi, purohit, or imam), or a lay representative of a religious tradition, attached to a secular institution (such as a hospital, prison, military unit, intellige ...
assignments with Fijian military personnel travelling to the
Middle East The Middle East ( ar, الشرق الأوسط, ISO 233: ) is a geopolitical region commonly encompassing Arabian Peninsula, Arabia (including the Arabian Peninsula and Bahrain), Anatolia, Asia Minor (Asian part of Turkey except Hatay Pro ...
would be required to state their position on the legislation. Supporters of it need not apply, he said.


Rabukawaqa speaks out

Military spokesman
Lieutenant Colonel Lieutenant colonel ( , ) is a rank of commissioned officers in the armies, most marine forces and some air forces of the world, above a major and below a colonel. Several police forces in the United States use the rank of lieutenant colone ...
Orisi Rabukawaqa said on 1 August that it was not fair to expect taxpayers to foot the bill to compensate coup victims. Those seeking amnesty should pay, he said. Coup perpetrators would learn nothing from their mistakes, he said, if they were released without being required to compensate their victims. He defended the outspokenness of the Military on the bill. ''"We (the military) had always been called all over the globe to restore peace in other countries and we are only saying this because we do not want to do it in our own country,"'' he said. On 3 September, spokesman Rabukawaqa insisted that the Military was not opposed to the Qarase government as such, but only to the controversial Unity Bill, which he said had security implications. He also said that to offer pardons to only one category of criminal was inconsistent. ''"If we are going to forgive people, why don't we just forgive everybody and let everybody out of prison."'' He said that the Military opposed the principle of compensation to coup victims being paid by the taxpayer; rather the perpetrators should be held accountable, he said. The Military had learned its lesson from the 1987 coups, Rabukawaqa said. Then, they had deposed the government of
Timoci Bavadra Timoci Uluivuda Bavadra (22 September 1934 – 3 November 1989) was a Fijian medical doctor who founded the Fiji Labour Party and served as the Prime Minister of Fiji for one month in 1987. He was born in Viseisei, Viti Levu, and was medical doc ...
(who was supported mostly by
Indo-Fijian Indo-Fijians or Indian-Fijians (also known as Fiji Indians) are Fijian citizens of Indian descent, and include people who trace their ancestry to various regions of the Indian subcontinent.Girmit by Suresh Prasad Although Indo-Fijians constitu ...
voters) in support of the Fijian
ethno-nationalist Ethnic nationalism, also known as ethnonationalism, is a form of nationalism wherein the nation and nationality are defined in terms of ethnicity, with emphasis on an ethnocentric (and in some cases an ethnocratic) approach to various politic ...
cause, but later came to realize that they had been used. Those responsible for the 1987 coups cannot now be prosecuted, because
Sitiveni Rabuka Sitiveni Ligamamada Rabuka, (; born 13 September 1948) is a Fijian politician who has served as Prime Minister of Fiji since 24 December 2022. He was the instigator of two military coups in 1987. He was democratically elected as Prime Ministe ...
, the chief instigator of the coups who later became
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
, had presided over a rewriting of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
and had ensured the insertion of
amnesty Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offici ...
provisions. ''"History unfortunately teaches that if you come out successful, you can rewrite the books to reflect well on you and poorly on others,"'' Rabukawaqa said.


No pardon for Speight - military

On 6 November, Captain Leweni reiterated the Military's total opposition to any possible pardon for the coup's front man,
George Speight George Speight (born 1957) is a Fijian businessman and politician who was the leader of the 2000 Fijian coup d'état, in which he and rebel soldiers from Fiji's Counter Revolutionary Warfare Unit seized the Fijian Parliament and held Prime Ministe ...
. Leweni's public statement coincided with an
Australian Broadcasting Corporation The Australian Broadcasting Corporation (ABC) is the national broadcaster of Australia. It is principally funded by direct grants from the Australian Government and is administered by a government-appointed board. The ABC is a publicly-own ...
interview with Commodore Bainimarama on its Asia Pacific program. Bainimarama vowed that Speight would never be released, and called the bill a "gimmick" to win the votes of Speight sympathizers. His own greatest challenge, he said, was to hold the loyalty of his troops. The two military statements provoked a mixed reaction from politicians and other public figures. Home Affairs Minister
Josefa Vosanibola Josefa Bole Vosanibola is a Fijian politician who served as Minister for Home Affairs from 16 December 2004, when he was appointed by Prime Minister Laisenia Qarase to succeed Joketani Cokanasiga, to 5 December 2006, when his government was depose ...
declined to comment until he had seen Bainimarama's interview. Deputy Commissioner of Prisons Opeti Laladidi defended the Commander's right to speak his mind, but
Cabinet Minister A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, ...
Samisoni Tikoinasau Samisoni Tikoinasau Speight is a Fijian politician, who held Cabinet office as Minister of State for Public Utilities and Reforms, to which he was appointed after parliamentary election of May 2006. Previously, he was Minister for Lands and Mine ...
, Speight's older brother, said that Bainimarama's comments could take the country backwards and that he should be more cautious. He asserted that the government would not back down in the face of "threats" from the Military.
Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Qoriniasi Bale, for his part, thought it unlikely that the legislation would be used to pardon Speight, as it made a pardon conditional on the person seeking it making a complete confession about who planned and financed the crisis. Speight has repeatedly refused to make any statement to that effect.


Kotobalavu pleads with Bainimarama

On 22 December 2005, the chief executive officer in the Prime Minister's Department,
Joji Kotobalavu Jioji Kotobalavu was Fiji civil servant. He was the Chief Executive Officer in the Prime Minister's office, (CEO PMO) but was dismissed on 7 December 2006 by the military junta which had seized power on 5 December. He received his formal notic ...
, pleaded with the Military not to use or threaten force to stop the Unity Bill. His appeal came in the wake of another public refusal from the Military commander to accept the legislation. ''"The RTU Bill is not going to happen,"'' he defiantly declared at a press conference the previous day.
Soqosoqo Duavata ni Lewenivanua The United Fiji Party ( fj, Soqosoqo Duavata ni Lewenivanua, SDL) was a political party in Fiji. It was founded in 2001 by Prime Minister Laisenia Qarase as a power base; it absorbed most of the Christian Democratic Alliance and other conser ...
(SDL) General Secretary
Jale Baba Jale Baba in Lautoka is a Fijian businessman and political organizer. A forestry graduate of the Australian National University, he worked for Fiji Pine Limited for more than 20 years, before leaving in 1999 to start his own company- Baba Fo ...
challenged Commodore Bainimarama to pursue his opposition to the bill through political, rather than military, channels. ''"He should join a political party and see if they will vote him in,"'' Baba declared. The Commander found support, however, from National Alliance Party President Ratu Epeli Ganilau and from Ema Druavesi, General Secretary of the
Soqosoqo ni Vakavulewa ni Taukei The Soqosoqo ni Vakavulewa ni Taukei (SVT), occasionally known in English as Fijian Political Party, was a party which dominated the politics of Fiji in the 1990s and was the mainstay of coalition governments from 1992 to 1999. Origins The party ...
(SVT), which ruled Fiji from 1992 through 1999. She accused the government of promoting the bill for "deliberate and dishonest motives," alleging that its real purpose was to release all coup convicts. She also charged that public servants Anare Jale, Joji Kotobalavu, and Lesi Korovavala, along with the Attorney-General's Office, seemed to have a personal dislike for the Commander.


Parliamentary vote delayed

Prime Minister Qarase announced on 18 January that the tabling of the legislation for final parliamentary approval was being postponed until further notice, pending "consultations." This move followed an extraordinary week which had seen unusual troop and naval deployments, rumours of a possible coup, and the dismissal of Acting Land Force Commander
Lieutenant Colonel Lieutenant colonel ( , ) is a rank of commissioned officers in the armies, most marine forces and some air forces of the world, above a major and below a colonel. Several police forces in the United States use the rank of lieutenant colone ...
Jone Baledrokadroka Colonel Jone Baledrokadroka is a former career soldier who joined the Army in 1981 and was commissioned after attending an Officers commissioning course in Fiji. He was briefly the Acting Land Force Commander in January 2006. He was dismissed fr ...
for alleged
insubordination Insubordination is the act of willfully disobeying a lawful order of one's superior. It is generally a punishable offense in hierarchical organizations such as the armed forces, which depend on people lower in the chain of command obeying orders ...
, culminating in a meeting at
Government House Government House is the name of many of the official residences of governors-general, governors and lieutenant-governors in the Commonwealth and the remaining colonies of the British Empire. The name is also used in some other countries. Gover ...
(the official residence of the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
between the Prime Minister and Commodore Bainimarama under the auspices of
Vice-President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
Ratu ''Ratu'' () is an Austronesian title used by male Fijians of chiefly rank. An equivalent title, ''adi'' (pronounced ), is used by females of chiefly rank. In the Malay language, the title ''ratu'' is also the traditional honorific title to re ...
Joni Madraiwiwi Ratu Joni Madraiwiwi, Lord Madraiwiwi Tangatatonga (10 November 1957 – 29 September 2016) was a prominent Fijian lawyer, legal scholar, jurist, and politician. He served as vice-president, and also acting president, of Fiji, and Chief Justi ...
on 16 January. In a statement issued after the meeting, Madraiwiwi said that the Prime Minister had agreed to consider the grievances of the Military and to consult them about possible changes to the legislation. This was not clarified further at the time, but on the 18th, the Prime Minister went further and said that the process of consulting everybody could take a long time, and that it could no longer be guaranteed that the legislation would be passed in time for the 2006
parliamentary election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
. The same was true of other controversial bills opposed by the Military, including legislation defining indigenous fishing rights and establishing a separate indigenous court system, Qarase said. Jioji Kotobalavu, the chief executive officer of the Prime Minister's Department, said that the bill was being revised, and that the Military would be briefed when the revision had been completed.


Military still opposed

Captain Leweni reiterated the Military's opposition to the bill 16 February 2006. The Military would never allow it to become law, he vowed. ''"As far as the RFMF (Military) is concerned the RTU Bill is a non-issue as we have promised it will not eventuate,"'' he said. Commodore Bainimarama later endorsed Leweni's comments, which followed a statement from the Prime Minister that the bill had not been abandoned and would not be. Early in March 2006, the Military warned the government not to reintroduce the bill should it win reelection on 6–13 May. The Military also advised the
Great Council of Chiefs The Great Council of Chiefs ''(Bose Levu Vakaturaga'' in Fijian) was a constitutional body in Fiji from 1876 to March 2012. In April 2007, the council was suspended, due to an unworkable relationship with Frank Bainimarama, leader of an "interi ...
to pursue no further discussion of the bill, a charge rejected by Great Council General Secretary
Asesela Sadole Asesela Sadole is a Fijian politician. He is a former member of the now-disbanded Senate of Fiji The Senate of Fiji was the upper chamber of Parliament. It was abolished by the 2013 Constitution of Fiji, after a series of military coups. It was ...
.


2006 military coup

In late November 2006, Bainimarama handed down a list of demands to Qarase, one of which was the withdrawal of three controversial bills, including the Reconciliation, Tolerance, and Unity Bill. On 5 December, Bainimarama overthrew the government. Addressing the media to explain his actions, he stated that the Reconciliation Bill had to be prevented as it would have "undermined the Constitution". He later added that, if the SDL party returned to power, he would tolerate it only as long as it did not attempt to re-introduce the Bill. "If you do it, I'll remove you," he warned."On my terms: Bainimarama points way ahead"
, ''Fiji Times'', 1 June 2008


References

{{Reconciliation, Tolerance, and Unity Bill Politics of Fiji