Communication from the Commission to the Council on the opening of consultations with Fiji under Article 96 of the Cotonou Agreement
Date: 2007-01-17
Institutions: European Commission
Subjects: Cotonou Agreement, EU relations, Fiji, coup d'état, military regime

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.1.2007 
COM(2007) 14 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

on the opening of consultations with Fiji under Article 96 of the Cotonou Agreement 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 

on the opening of consultations with Fiji under Article 96 of the Cotonou Agreement 

I. History 

It is recalled that following the coup and seizure of hostages in May 2000, the Commission in 
June  the  same  year  proposed  to  open  consultations  as  foreseen  under  Article  96  of  the 
Cotonou  Agreement,  and  in  July  Council  agreed  unanimously,  following  which  the 
consultations  were  opened  in  October  2000.  In  consequence  a  partial  suspension  of 
development  cooperation  was  decided  on  in  2001,  and  the  last  sanctions  were  lifted  on  7 
November  2003.  At  the  time  the  consultations  combined  with  partial  suspension  of 
development cooperation were considered useful in terms of furthering a positive process in 
Fiji. However, considering that Fiji six years later faces a new military take-over, it is clear 
that  democratic  institutions  and  democratic  culture  are  not  sufficiently  strong,  and  a 
differently calibrated approach may therefore be called for this time. 

After  almost  two  months  of  tensions  between  the  Government  and  Fiji's  military,  Fiji's 
democratically elected government of Prime Minister Laisenia Qarase was overthrown by the 
armed  forces,  led  by  the  military  commander,  Commodore  Voreqe  Bainimarama,  on  5 
December 2006. Apparently the military take-over was bloodless at first. It was Fiji's fourth 
military take-over since 1987.  

Most importantly, the Qarase Government was elected by popular vote in general elections in 
May  2006.  In  line  with  the  new  EU  policy  on  strengthened  partnership  with  the  Pacific 
islands,  the  EU  sent  a  full  elections  observation  mission  to  Fiji  with  former  Hungarian 
minister  and  MEP  Istvan  Szent-Ivanyi  as  Chief  Observer.  The  EU  Monitors  deemed  the 
elections  credible.  It  is  consequently  beyond  doubt  that  the  Qarase  Government  had  full 
democratic legitimacy, as well as a large majority in parliament. 

The  commander  seized  executive  authority  from  President  Iloilo,  dismissed  Prime  Minister 
Qarase, announced a state of emergency, and gradually consolidated the military's power. A 
number  of  key  figures  were  forcibly  detained,  questioned  and  most  were  subsequently 
released and relieved of their positions, including notably the Vice President, the acting police 
commissioner,  as  well  as  the  CEO  for  the  Ministry  of  Finance,  who  is  also  National 
Authorising Officer of the European Development Fund in Fiji. 

An interim "prime-minister" – a 77 year former military doctor and diplomat - was sworn in. 
His first act was to advise the commander to dissolve Parliament, which he did. The interim 
"prime minister" resigned 4 January 2007. Meanwhile, Prime Minister Qarase maintains that 
he is the legal Prime Minister of Fiji.  

II. Current situation 

The situation is not fully stable and continues to evolve. The military placed advertisements in 
local newspapers to attract candidates for ministerial positions. The Great Council of Chiefs, 
which  under  Fiji's  Constitution  appoints  the  President  and  the  Vice-President,  met  20-22 
December 2006 and recommended a number of steps, including that the military should return 
to barracks. The commander criticised the Great Council of Chiefs and stated that in future it 

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would  only  be  allowed  to  meet  when  he  allows  it  to.  In  early  January  2007  the  situation 
worsened as the President came out in support of the military and appointed the commander 
as  interim  prime  minister.  Further  more,  the  judiciary  came  under  pressure.  Fijian  media 
reported on 5 January 2007 that a man had lost his life during interrogation by the military. 

There  was  considerable  opposition  to  the  take-over.  On  the  day  of  the  take-over,  President 
Iloilo  declared  that  he  neither  supported  nor  condoned  the  actions  of  the  military,  but  he 
reversed this position on 4 January 2007. Traditional chiefs and churches have condemned the 
take-over;  Fiji's  judges  have  declared  that  they  will  uphold  the  rule  of  law  and  the 
Constitution;  Fiji's  acting  police  commissioner  labelled  the  take-over  treason,  following 
which  he  was  removed  from  his  post  by  the  military.  Media  have  been  outspoken,  but  are 
under pressure by the military not to "incite". There have been numerous examples of passive 
resistance  and  civil  disobedience,  but  the  opposition  to  the  military  does  not  appear  to  be 
centralised or organised. Furthermore, the military seeks to suppress internal opposition and 
dissent  with  intimidation.  However,  popular  frustration  may  erupt  and  violence  cannot  be 
excluded, depending on the military's behaviour. 

This latest military take-over appears fundamentally different from the earlier ones, as it is not 
a reflection of tensions between the indigenous Fijians and Indo-Fijians, but mainly a conflict 
among  indigenous  Fijians,  with,  however,  important  ramifications  for  both  of  the  country's 
major communities. 

The commander's declarations before the take-over took place reflect a number of important 
political  grievances,  some  of  which  may  have  quite  considerable  support  within  the 
population. There were accusations of racial bias, as witnessed by draft legislation exclusively 
favouring indigenous Fijians, criticism of very close contacts with and important functions for 
some  personalities  implicated  in  the  take-over  in  2000,  as  well  as  unsubstantiated  claims 
regarding  corruption  and  nepotism.  The  commander's  stance  to  some  extent  also  reflects 
opposition  to  the  traditional  powers  in  Fiji  -  notably  the  chiefs  and  the  churches  -  whose 
positions  are  being  eroded  by  modernity.  The  commander's  opposition  to  the  Qarase 
Government also appears to have been influenced by the poor personal relations between the 
two men. 

Mediation efforts in New Zealand involving the Prime Minister of Fiji and the commander, 
brokered  by  New  Zealand's  Foreign  Minister  Winston  Peters,  resulted  in  very  important 
concessions  by  the  Prime  Minister,  which  the  commander,  unable  or  unwilling  to 
compromise, considered insufficient. 

The military take-over was neither legal nor constitutional and is a major backward step for 
democracy  in  Fiji.  It  has  been  universally  condemned,  including  by  the  EU  which  on  11 
December 2006 stated: "The Council condemns the military takeover in Fiji and the removal 
of  the  democratically  elected  Government.  It  deplores  the  actions  by  Commodore 
Bainimarama  and  the  Republic  of  Fiji  Military  Forces  (RFMF)  in  deposing  the  Prime 
Minister and assuming executive control of the country. The Council calls for the urgent and 
full  restoration  of  democracy  as  well  as  return  of  civilian  rule  as  soon  as  possible."On  14 
December  2006  the  European  Parliament  strongly  condemned  the  take  over  by  the  armed 
forces,  as  did  former  Chief  Observer  and  MEP  Istvan  Szent-Ivanyi  in  a  separate  statement. 
The  Parliament  also  called  on  the  Commission  and  the  Member  States  to  suspend 
immediately all non-humanitarian aid to Fiji, with the exception of educational programmes, 
provided  these  are  implemented  by  NGOs.  The  ACP  Heads  of  State  and  Government,  in  a 
statement  of  8  December  2006,  strongly  condemned  the  overthrow  of  the  legitimate  and 

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democratically-elected  government.  There  has  also  been  a  statement  from  the  UN  Security 
Council, and Fiji is facing increasing international isolation as it has been removed from the 
chair for the Pacific Forum and has been suspended from the Commonwealth councils. 

Fiji's  partners,  including  France  and  the  United  Kingdom,  have  suspended  military 
cooperation.  A  number  of  countries  have  imposed  targeted  sanctions,  notably  France, 
Australia  and  New  Zealand,  while  some  of  Fiji's  international  partners  are  reviewing  and 
reducing development cooperation 

III. Proposal 

Article  9(2)  of  the  ACP-EC  Partnership  agreement  signed  in  Cotonou  on  23  June  2000 
between the European Union and the ACP States, including Fiji, and revised in Luxemburg 
on 25 June 2005 lays down the essential elements on which the partnership is based. Respect 
for  democratic  principles,  the  rule  of  law  and  human  rights  underpin  the  domestic  and 
international policies of the Parties and constitute the essential elements of the Agreement. In 
accordance  with  this  article  and  in  the  light  of  the  circumstances  in  which  power  changed 
hands  in  Fiji,  the  Commission  considers  that  dialogue  with  the  country's  new  rulers  is 
necessary in order to clarify the following points: 

(1) 

(2) 

(3) 

(4) 

the  urgent  and  peaceful  return  to  democracy  within  the  existing  legality  and 
in full respect of the Constitution; 

establishing  a  government  with  a  mandate  from  and  a  majority  in  Fiji's  parliament, 
which  was  elected  in  free  and  fair  elections  in  May  2006,  or  organising 
 early  free  and  fair  elections,  while  avoiding  a  prolonged  period  with  an 
 "interim" government; 

a plan with targets and benchmarks as well as a time-table for the above; 

full respect for human rights, with special focus on the freedom of expression; 

(5) 

full respect for the rule of law. 

A dialogue would give Fiji's new rulers opportunity to state their case on the above points and 
allow  the  EU  to  assess  whether,  on  that  basis,  it  could  support  the  country's  efforts  at 
improving compliance with the essential elements of the revised Cotonou Agreement, or take 
appropriate measures in accordance with Article 96. The EU will keep relevant partners and 
stakeholders informed. 

Due to the circumstances in which the change of regime in Fiji occurred and due to the form 
of political organisation put in place by the emerging rulers, the Commission considers this to 
be a case of special urgency, also in the light of the fact that the European Union twice in the 
critical  weeks  before  the  military  take-over  warned  the  military,  in  the  form  of  public 
statements by the EU Presidency that it has no political role to play in a democracy. 

Therefore,  in  compliance  with  Article  96(1a)  of  the  revised  Cotonou  Agreement,  it  is  not 
necessary to exhaust the possibilities of political dialogue as set out in Article 8 of the same 
Agreement.  It  can  be  noted  that  in  the  interest  of  an  early  solution  and  considering  the 
importance  of  trade  and  of  aid  in  EU/Fiji  relations,  an  enhanced  dialogue  under  Article 8 
continues. The European Commission, however, wishes to have formal consultations with the 
new rulers to discuss their commitments before deciding on appropriate measures to be taken. 

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The  Commission  therefore  proposes  that  the  Council  invites  the  Republic  of  Fiji  Islands  to 
hold consultations under Article 96 of the revised Cotonou Agreement in accordance with the 
attached draft letter. 

The  Commission  proposes  that  cooperation  activities  under  way,  in  particular  under  the 
seventh,  eight  and  ninth  EDFs  should  continue  during  the  consultation period  provided  that 
the  Financing  Agreements  are  observed.  Furthermore,  it  is  proposed  that  cooperation 
activities which would help the return to democracy and improve governance, should also be 
pursued.  

In addition, given the importance of the sugar industry for Fiji's economy, employment and 
poverty  situation,  the  Commission  proposes  that  preliminary  activities  with  financing  from 
the sugar reform accompanying measures approved under the 2006 budget should go ahead 
during the consultation period and provided the Commission considers that conditions allow.  

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ANNEX  

Interim Prime Minister of the Republic of Fiji Islands 
Suva 
Fiji 

DRAFT LETTER 

Dear Interim Prime Minister, 

On 11 December the EU Council adopted the following conclusions: "The Council condemns 
the  military  takeover  in  Fiji  and  the  removal  of  its  democratically  elected  Government.  It 
deplores  the  actions  by  Commodore  Bainimarama  and  the  Republic  of  Fiji  Military  Forces 
(RFMF) in deposing the Prime Minister and assuming executive control of the country. The 
Council calls for the urgent and full restoration of democracy as well as the return to civilian 
rule  as  soon  as  possible."Furthermore,  on  14  December  the  European  Parliament  strongly 
condemned the take-over.  

Due to the circumstances in which the change of regime in Fiji occurred and due to the form 
of political organisation put in place by the new authorities, the EU considers there has been a 
violation  of  the  essential  elements  of  the  revised  Cotonou  Agreement.  Furthermore,  the  EU 
considers  this  to  be  a  "case  of  special  urgency"  under  the  meaning  of  Article  96  (2b). 
Therefore,  in  compliance  with  Article  96(1a)  of  the  revised  Cotonou  Agreement,  it  is  not 
necessary to exhaust the possibilities of political dialogue as set out in Article 8 of the same 
Agreement. 

The  European  Union,  however,  wishes  to  have  formal  consultations  with  the  Government 
before  appropriate  measures  are  taken.  We  are,  therefore,  pleased,  on  behalf  of  the 
Community and of the Member States of the European Union, to invite your country to hold 
consultations under Article 96 of the revised Cotonou Agreement with a view to carrying out 
an in-depth analysis of the situation and, if appropriate, of the corrective measures to be taken. 

For its part, the EU will engage in these consultations in a constructive and open manner. 

The  consultations  should  allow  the  Fijian  side  to  be  more  specific  about  the  urgent  and 
peaceful  return  to  democracy  within  the  existing  legality  and  in  full  respect  of  the 
Constitution. 

We would like to suggest that these consultations are held in the near future, on a mutually 
convenient date, in the premises of the Council of the European Union in Brussels, 

Yours sincerely, 

For the Council 

For the Commission 

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