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The actual report (PDF).
FHRC report
An excerpt of Fiji Sun's coverage of the report release:
FHRC report questions presence of foreign forces
Last updated 4/2/2008 8:53:41 AM
The presence of Australian forces, warships and black hawk helicopters in Fiji in the lead up to the December 2006 coup have been questioned by the Fiji Human Rights Commission.
The Special Investigations Report released by the FHRC yesterday recorded the chronology of events from October 30 to December 5, 2006 mainly highlighting Australia’s presence in Fiji in the lead up to the coup.
Australia’s high commissioner to Fiji, James Batley yesterday had no comment to make on the matter. Questioned in the report was the presence of the Australian Task Force 636 in Fiji between November-December 2006.
The explanation post-Black Hawk-crash that warships were preparing to evacuate Australian nationals was deemed inconsistent with statements made pre-crash and eye-witness accounts. Further, the statements of the Defence Force Command, Alexander Downer, Brendon Nelson and others were said to be ambiguous and downright contradictory.
The report stated no satisfactory explanation was provided for the presence of Australian SAS forces in Fiji from November 3 and there was also no record of when and how they left Fiji. Also criticised were the recent comments by Australian Foreign Minister Stephen Smith when he said Fiji’s bad behaviour would not be rewarded and should be taken seriously.
“This type of comment from Australia’s Foreign Affairs Minister will certainly raise eyebrows given this special investigations report,” the report noted.
Relevant international laws the FHRC believed were breached with the presence of Australian troops in Fiji were cited from articles of the United Nations Charter, the UN Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States and the UN Declaration of the Non-Use of Force. The need for an independent assessment of whether the Australian Government complied with its international obligations towards Fiji pursuant to the UN Charter was emphasised, given the chronology of events.
“Furthermore there needs to be an assessment of whether any of the provisions of the Biketawa Declaration would have been available at all to Australia as opposition spokesman Kevin Rudd claimed on November 2.”
The report stated the Biketawa Declaration may have been misapplied by Australia to intervene unilaterally in a sovereign Pacific State.
“In any event the substantive provisions of the Biketawa Declaration should be read consistently with its preamble that Forum Leaders would respect the principle of non-interference in the domestic affairs of another member state. This perspective accords with the UN Charter.”
Another question raised was whether western powers intervention and involvement in Fiji’s affairs in 2006 complied with international law was a relevant question.
The report recommended that any inquiry into the Australian presence in Fiji should take into consideration the SAS forces arrival in Fiji that was initially denied by Australia but later confirmed they were SAS forces after being warned by the military they would be treated as mercenaries.
Also recommended for consideration were statements by the Australian Defence that warships were sent to evacuate Australian nationals in the event of a coup.
“But two of the ships depart Fiji waters on November 30, five days before takeover, presumably leaving Australian nationals in Fiji to fend for themselves on December 5.”
The report concluded there was need for meaningful discussions in forthcoming Pacific Island Forum meetings about the obligations of sovereign states to each other and the right and duties of members of the sub-regional body under international law pursuant to the UN Charter and the relevant declarations mentioned in the report.
Fiji Times article covers the release of FHRC report.
The excerpt of FT article:
Human rights report lays blame on Aust
Wednesday, April 02, 2008
THE Fiji Human Rights Commission has released a special investigative report on how Australia intervened in Fiji's situation from October to December 2006 that eventually led to the military coup.
The 13-page report states that former Police Commissioner Andrew Hughes confiscated a consignment of ammunition meant for the Fiji army on October 30.
It also stated that Army Commander Commodore Voreqe Bainimarama got a call from Australia's Air Chief Marshall, Angus Houston, in Sinai threatening and warning him not to do anything that would make him "pit his soldiers against Fijian troops".
The report stated that Commodore Bainimarama said this call was a threat that involved clear intention to send Australian forces to Fiji. "He said in military terms when you threaten someone it involves capability and intention so there was intention to move troops to Fiji," the report said.
This incident happened on October 31.
The report also said on November 6, the Australian Department of Defence admitted sending an "unspecified number of staff' to the Australian High Commission in Suva".
The report stated that on November 28, the former Australian High Commissioner, Jeniffer Rawson, United Kingdom's High Commissioner and the US Ambassador visited high ranking army officers at Queen Elizabeth barracks to request officers to withdraw their support for Commodore Bainimarama.
On November, 29, the report stated that Canberra was taking aggressive steps to protect its interests in Fiji and the region.
"The Elite Australian troops had their leave cancelled and a Sydney- based commando task group was placed on standby," the report said.
The Commission said they collated this information last year from independent eyewitness accounts and media reports from the region.
Ousted Prime Minister, Laisenia Qarase said he would comment after he reads a copy of this report.
Questions sent to interim Attorney-General and National Federation Party president, Pramod Rae were yet to be answered.
Note on the excerpt of the Fiji Times article, there is no reference to International Law nor the breaches of it. FT article describes the scenario of SAS troopers deplaning at Nadi Airport with unchecked cargo and outlines as well as condensing or minimizing the event into 3 lines:
"The report also said on November 6, the Australian Department of Defence admitted sending an "unspecified number of staff' to the Australian High Commission in Suva".
FT article does not even frame the context of the Australian Department of Defence statements and or even mention exactly who were these staff members or the controversy behind their arrival.
SiFM earlier posting titled "Off Fiji Or In Fiji" raised the issue of media coverage of the event. Another post titled:"Location, Location, Location." examines the precise location of the crash and International Law.
With the advent of Youtube, the actual footage of the Black Hawk crash, underwater wreckage, the subsequent board of inquiry is available, posted below.
Video #1-Source: New Zealand TV3.
Video #2-Source: Australian Broadcast Corporation.
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