by 
Laurie Brereton, Australian Shadow Minister for Foreign Affairs

LAURIE BRERETON MP
SHADOW MINISTER FOR FOREIGN AFFAIRS

SPEECH TO FIJI FUNDRAISING DINNER
9 MARCH 2001

I'm very pleased to be able to attend tonight's fundraising dinner and have this opportunity to speak in the campaign for the restoration of Fiji's democracy.

Nearly 10 months have passed since George Speight seized control of the Parliament and took Mahendra Chaudhry and his colleagues hostage.

In the days and weeks following that criminal act we all watched as Fiji's democracy was comprehensively torched. We watched as the military and police failed, indeed refused to respond. We watched as Fiji's President and Chief Justice failed in their sworn duty to uphold the 1997 Constitution and the rule of law.

The Chaudhry Government was illegally removed and the Parliament illegally dissolved. The President ceded his powers to the military who in turn orchestrated an illegal interim administration. And we learnt of their plans to put in place a racially discriminatory constitution, to institute a form of political apartheid.

The Interim Administration clearly hoped that the passage of time would secure them a measure of international legitimacy. But thanks to Mahendra Chaudhry's tireless campaign, their attempts to obtain acceptance have been largely rebuffed. In September the Commonwealth Ministerial Action Group rejected the their plan to hold new elections after introducing a racially discriminatory constitution.

Now 10 months on after the coup, the drama continues to unfold. And at long last we have had good news thanks to Fiji's Court of Appeal.

Last week we all applauded this great win for Fiji's rule of law.

In its profound judgment, the Court held that the 1997 Constitution remains the supreme law and has not been abrogated.

Significantly the judges rebutted the false claims that the 1997 Constitution failed to protect indigenous Fijians. They pointed to the extensive safeguards and they made detailed reference to the electoral provisions and the record of the voting that brought the Chaudhry Government to office.

In the judges' words, and I quote:

"Even with a `first past the post' system, the government would still have been the same; and claims that indigenous Fijians in particular did not understand the electoral system were largely unsubstantiated. We regard the Constitution [they said] as a reliable expression of the hopes and aspirations of the whole population, and see this as relevant in determining whether there has been popular acquiescence to the Interim Civilian Government."

The Appeal Court found that the Interim Administration lacked the acquiescence of the people of Fiji and accordingly declined it any legal standing.

Since the Court's decision, we have witnessed an extraordinary and fast-developing situation. As late as this morning we learnt the Great Council of Chiefs has apparently affirmed support for the Interim Administration, agreeing it should continue to govern. This afternoon the Acting President is reported to have asked the Administration to stay on in a caretaker role.

While an unconstitutional regime remains in place, there can be no grounds for lifting the international sanctions that have been imposed on Fiji. While ever Fiji's Government remains illegitimate, sanctions are vital to maintain pressure and support the restoration of democracy.

Australia must be forthright in pressing the Great Council of Chiefs, the Interim Administration and Fiji's military to immediately and fully comply with the Appeal Court's ruling.

For our part, we must make it absolutely clear that the only path to international respect and legitimacy is the rapid restoration of constitutional rule.

At home here in Australia, we will probably not have our general election until quite late in the year.

As you will be aware, I have criticised the Howard Government's acquiesce in accepting the Interim Administration. I was especially critical of Mr Howard's decision to agree on a successor scheme to the import credit arrangements before Fiji was committed to the restoration of democracy.

After their conspicuous reluctance in imposing sanctions, the Howard Government has often seemed all too willing to get back to business as usual without regard for democracy. Many countries looked to Australia for leadership in the international response to the crisis. But Australian leadership was conspicuously lacking. Instead, quiet acquiescence and accommodation have been the order of the day.

We do not know what pressure, if any, John Howard will really bring to bear. But whatever the Coalition Government's approach prior to this year's election, tonight I want to pledge that Australian Labor will stay on this case.

The Great Council of Chiefs, the Interim Government and Fiji's military need to understand that an incoming Labor Government will be utterly opposed to those who reject Fiji's Constitution and who entrench a racially biased political system.

Should the Chiefs and the military fail to allow the early restoration of democratic government in accordance with the 1997 Constitution, they should expect they will be dealt with and regarded as we dealt with the South Africa of old. Let them have no doubt. Australian Labor stands, and stands absolutely, for democracy and racial tolerance in Fiji.

Thank you.