Aust military presence in Fiji Pre-2006 Coup Raises Concerns

An investigation report by the Fiji Human Rights Commission(FHRC) has raised some very serious concerns about the presence of the Australian SAS forces, warships and Black Hawks in Fiji in 2006.

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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.

Flight of the Intruder.

In a follow up to a S.i.F.M posting regarding the Australian Black Hawk helicopter crash location. Today video footage was released showing the actual crash, which broke the tail rotor off and footage of the wreckage in deep waters within Fiji.

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Off Fiji or In Fiji.

The news feed on the Black Hawk crash in Fiji share a wonderful trait of sameness, raising several questions from S.i.F.M, with all due respect to the dearly departed and family.

1.) Do the news feed share the same author?
2.) Are these news agencies owned by a single conglomerate?
3.) Is the official version of the location, really talking points handed out by the Australian Defense Force?

Since the location of the Black Hawk crash: off Fiji. No indication of direction or distance, in relation to major locations in Fiji. Was it related to the fact that indicating the vital position, may actually place the Black Hawk crash well within Fiji waters pointed out by an earlier S.i.F.M posting, perhaps with hostile intent?

Is that to that North, East, South or West of the archipelago?

These are the excerpts of the news feed from Google.

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Mourners remember SAS trooper Porter
The Age, Australia - 14 hours ago

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Family, friends farewell SAS soldier killed in Black Hawk crash
ABC Regional Online, Australia - 13 hours ago


SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Mourners remember SAS trooper Porter
Blayney Chronicle, Australia - 13 hours ago

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Mourners remember SAS trooper Porter
Bendigo Advertiser, Australia - 14 hours ago

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Mourners remember SAS trooper Porter
Milton Ulladulla Times, Australia - 14 hours ago

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Mourners remember SAS trooper Porter
Aratat Advertiser, Australia - 14 hours ago

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Mourners remember SAS trooper Porter
Central Midlands & Coastal Advocate, Australia - 14 hours ago

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Mourners remember SAS trooper Porter
Bay Post/Moruya Examiner, Australia - 14 hours ago

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Mourners remember SAS trooper Porter
Kalgoorlie Golden Mail, Australia - 14 hours ago

SAS trooper Joshua Porter, who died when his Black Hawk helicopter sank off Fiji, has been farewelled by hundreds of mourners, four months after the ...
Kanimbla chopper victim finally laid to rest
The Australian, Australia - 5 hours ago

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Location, Location, Location.

Above image: Using Kadavu as a baseline, the 12 Nautical Miles radius from the center is still Fiji territorial waters (using the U.N Law of the Seas).



(Above Image: The general area of the Black Hawk wreckage. The radius of the circle is 37 Nautical-Miles, with the centre of the circle being Vatulele).


Fiji Times article reports that, a recovery operation for the downed Australian Black Hawk may need the expertise of the U.S Navy. Without a doubt, whoever is tasked with recovering the wreckage, they will have to seek approval of the interim Fiji Government. To remove the wreckage of the helicopter believed to be located at 37 Nautical-Miles south of Vatulele; but well within Fiji's 200 mile economic exclusion zone, a fact confirmed by the Naval Commander, Francis Kean in an article by the Fiji Times. Commander Kean's assumption in that particular article by Fiji Times, has begged the question; whether a vessel being within the 200 mile exclusive zone, constitutes being within Fiji's territorial waters. A clarification requires the inspection of the U.N Convention on the Law of the Seas.



This is the excerpt of Fiji Naval Commander's brief:

Navy denies crash occurred in Fiji waters

Friday, December 01, 2006




(Above image: The deck of the Australian naval vessel HMAS Kanimbla from where the Blackhawk helicopter plunged into the sea on Wednesday).

The Australian Blackhawk helicopter crash which claimed the life of an Australian naval officer did not happen in our waters, said the Fiji Navy.

Naval Commander Francis Kean confirmed this but said it was inside our Exclusive Economic Zone. The helicopter went down about 37 nautical miles south of Vatulele.

The Australian Department of Defence said the helicopter was conducting a training flight when it crashed.

There were 10 personnel on board and one of them died, seven sustained minor injuries, one sustained no injuries while a search is on for a missing officer. The helicopter was trying to land on the HMAS Kanimbla which was on standby to rescue Australians in the event of a coup in Fiji when it crashed into the ship's deck and plunged into the sea with the 10 on board.

The HMAS Kanimbla, HMAS Newcastle and HMAS Success have been in South West Pacific waters for the past two weeks in case they are needed to evacuate Australian nationals if there is a coup.

Air Chief Marshal Angus Houston said the cause of the crash might never be established because the helicopter was lost in 2000 to 3000 metres of water.

The location featured in the official debrief on the Australian Department of Defense website was ambiguous in detailing exactly where the Black Hawk crashed.

This is the excerpt of the ADD debrief:

BLACK HAWK HELICOPTER LOST NEAR FIJI

Questions and Answers

Wednesday 29 November 2006

How many personnel were involved and what is their condition?

There were 10 personnel on board the Black Hawk.

* 1 died of injuries.
* 1 missing.
* 7 have minor injuries.
* 1 sustained no injuries in the incident.

What is the progress with the search for the missing person?

A Seahawk helicopter from HMAS Newcastle is conducting a search for the missing person.

Who was involved?

There were two pilots, two loadmasters and six personnel on board the aircraft. All were Army personnel.

The soldiers were part of the security element of the forces embarked to provide support to Australian citizens in Fiji if required.

Have the Next of Kin (NOK) been informed?

The NOK of the deceased and missing members have been advised.

How did it happen?

Defence will not comment further on how the accident occurred until a preliminary investigation has been completed. There is no indication at this stage how long this may take.

Where did it happen?

In the South West Pacific near Fiji.

What were they doing at the time?

The helicopter was conducting a training flight. I do not have more detail on the activity at this time.

What training do your people do to deal with incidents like these?

Personnel involved in maritime helicopter operations conduct helicopter underwater escape training.

What safety equipment were the embarked forces using?

Personnel operating over water wear a reserve-flotation device and aircrew have a mission-specific ensemble that includes a flotation device and reserve air supply.

Will the Black Hawk be recovered?

A decision is yet to be made however, the water is estimated as being up to 3000 metres deep where the incident occurred.

Were Special Forces involved in the incident?

There were six Special Air Service Regiment personnel on the aircraft.

Will an investigation into the accident take place?

Yes. The ADF has already commenced preliminary inquiry. A full inquiry will be conducted in due course.

Why were they conducting a training flight?

The embarked elements conduct training to ensure that are ready to act at short notice. This activity was part of routine training.

MEDICAL

What is the condition of the injured?

The seven personnel have non life-threatening injuries including cuts, abrasions and some fractures.

What medical evacuation assets have been tasked?

There is a medical facility on board HMAS Kanimbla.

A critical incident stress management team will also be deployed as soon as possible.

REPATRIATION

Will the ADF evacuate the casualties?

The deceased and injured personnel who require evacuation will be transferred to HMAS Newcastle and move to Noumea . Repatriation will then occur from Noumea by RAAF aircraft. Final arrangements are yet to be confirmed.

FIJI

What does this mean for the mission?

The elements that we have deployed retain the capability to support Australian citizens in Fiji if required.

This incident will have an initial effect as the ADF conduct the search for our missing person and commence investigation into this incident. The ADF however, will remain focussed on the mission and will be able to provide support to Australian citizens in Fiji if required.

Additional assets will soon be dispatched to assist with critical incident management and investigation.

BLACK HAWKS

Has the Black Hawk fleet been grounded?

No. At this stage there is no reason to ground the ADF's Black Hawk fleet.

Why was an Army helicopter on a Navy ship?

The Black Hawks are part of the Army detachment that is embarked on HMAS Kanimbla to provide support to Australian citizens in Fiji if required.

HMAS Kanimbla is capable of supporting Black Hawk and Sea King helicopters. In this case 4 Black Hawks were embarked.

In a follow up to an earlier post titled "State of Origin" in S.i.F.M that, featured the reoccurring crashes of the Black Hawk in a combat or non-combat situations, as well the law suit involving the Helicopter's manufacturer-Sikorsky Aircraft, in matters relating to quality assurance; raising more questions than answers on the reliability of the Black Hawk helicopter.

ABC podcast interviews the widow of Captain Mark Bingley, the pilot for the ill fated Black Hawk. Although, the family of the victims deserve an honest ans transparent answer into the root causes of the many mechanical faults; apparently the official explanations of this crash has not provided this closure to the family of victims, due to the hush-hush nature of the repeated failures that had been plaguing this Black Hawk, since its inception into service.

Youtube video captures the many Black Helicopters operating under the Australian banner.


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State of Origin.

New Zealand Herald's article confirmed by a report by the Australian, on the recovery efforts of the Australian Black Hawk helicopter that crashed last year inside Fiji waters, prior to the events of December 5th, may have stalled due to both the embarrassing location of the wreck and the embarrassing causes.

News Limited web article confirms that the crash of the Australian Black Hawk was related to a mechanical failure. Australian Defence Force has conducted research into reports of cracking of the internal panel. Air Systems Branch, an arm of U.S Army Research Labs has also published a study into the vibrational analysis of the helicopter rotor machinery. To date the underlying causes of UH-60 failure, are yet to be determined.

Sydney Morning Herald report estimates the recovery operation in Fiji, at a hefty price tag of A$8 million.

Perhaps the Fiji episode may have opened a new chapter of scrutiny in the murky track record of mechanical failures of the Black Hawk, used extensively by Australia, UK and the US military.
Here are other occurrences of Black Hawk crashes reported by media sources.

Bagram Airforce base, Afghanistan-Jan 30th 2003

Kuwait- Feb 25th 2003.

Fort Drum, New York- March 12th 2003.

Karbala, Iraq-April 2003

Tikrit, Iraq- Nov 8th 2003.

Florence, South Carolina-April 26th 2004.

Waco, Texas-Nov 2004.

Fort Hood, Texas-Nov 30th 2004.

Columbia, January 2005.

Al-Anbar province, Iraq- Aug 8th 2006.

Seattle, WA- Dec 20th 2006.

12km East of Tal Afar, Iraq-Jan 5th 2007.

Diyala Province, Iraq- Jan 20th 2007.

A news aggregator of Black Hawk crashes, provides a treasure trove of similar incidents.

Project of Government Oversight (POGO) website provides additional resources on Black Hawk manufacturer, Sikorsky Aircraft.

This is an excerpt of an article by News Channel 8 WTNH:

Team 8 Investigates
Problems with Sikorsky helicopters?

(WTNH, May 10, 2006 11:00 PM) _ Sikorsky Aircraft has filed a first-of-its-kind lawsuit against the Defense Department that would stop the government from releasing documents to News Channel 8 on quality control problems on the Blackhawk helicopter.

Team 8 Investigator Alan Cohn broke the story three years ago about defective parts being installed on Blackhawk helicopters.

This case is unique. It's not often the Defense Department and the Bush Administration go to court and fight for the release of what a defense contractor believes is confidential information to a reporter.

The question, the Defense Department tells us, is not if Sikorsky has been cited for continued quality problems on the Blackhawk, but how many times.

It's a simple, obvious question and with so many servicemen depending on Blackhawk helicopters in Iraq and Afghanistan, never has it been never more important.

Has Sikorsky fixed the quality control problems Team 8 first uncovered three years ago? If it has, why is the company blocking News Channel 8's efforts to find out.

"The fact there are obstacles being placed on the truth coming out really bothers me that there are priorities other than just making sure the troops are safe," says Danielle Brian, Project on Govt. Oversight.

In May 2003, News Channel 8 reported some of Sikorsky's own employees were saying defective parts from subcontractors were slipping through the company's quality assurance system and onto aircraft.

They provided us with this corrective action request from the Defense Department agency which oversees Sikorsky listing 19-quality issues including installation of unqualified parts and vendor quality control.

Sikorsky's response at the time; it's fixed its quality control problems.

Is that true? To find out, we filed a Freedom of Information request with the Pentagon asking whether Sikorsky has been issued any additional corrective action requests.

Now, the question itself is setting off a historic legal battle here at Federal Court in Washington, DC. For the first time ever, a defense contractor, Sikorsky Aircraft, is suing the defense department over the release to News Channel 8 of documents concerning quality control problems on the Blackhawk helicopter."

Initially, the Pentagon turned down our request for documents, then it suddenly reversed itself in December.

"We took another look at it and decided that the corrective action request you asked for should be released," says Richard Finnegan, Defense Contract Mgt. Agency.

The decision was made at the highest level.

"There is an appeal authority here that is the Chief of Staff," says Finnegan.

And as soon as the Defense Department told the company it was releasing the documents, Sikorsky slapped the Pentagon with a lawsuit.

"For us this is unique,

Government watch dogs and aerospace industry analysts we talked to say the case is fascinating. On one hand the military is spending billions on new Blackhawks. On the other hand in a rare push, the Pentagon is trying to release documents that could embarrass one of its most important contractors

"What it means to me is there are people inside the government who wanted to make sure you got this information."

"I could see the government is gaming this as wanting to release this information to embarrass Sikorsky to improve in manufacturing processes," says John Pike, globalsecurity.org

In its suit, the company is clearly concerned what the records we're seeking say, "Competitors would undoubtedly use the information (in the car's) "to unfairly disparage Sikorsky's manufacturing processes and quality assurance system in the eyes of Sikorsky's customers and potential customers."

"Is that something that is taken into consideration?

"No that's no part of the law. Embarrassment isn't an issue under FOIA," says Cathy Alphin, Defense Contract Mgt. Agency.

Sikorsky also warns if the documents are released, the company would seriously consider limiting the information it shares with the Defense Department in the future.

"My general view is these documents should probably be public," says Congressman Chris Shays. Connecticut Congressman Christopher Shays has looked into quality problems on the Blackhawk helicopter in the past and says in a time of war, when lives are on the line and with the Blackhawk playing such an important role...

"My basic view is the tax payer provides the money and the taxpayer via the media has the right to know what's happening and what's not happening," says Shays.

What does Sikorsky have to say? Nothing. The company is declining comment saying the Freedom of Information Act is clear. The Justice Department is asking the court to throw out Sikorsky's law suit. If that doesn't happen it could be another year until the issue is resolved.

There is a second case very similar to this one and it involves another United Technologies company, Pratt and Whitney, which is also suing the Defense Department to block release to the Hartford Courant of records concerning quality problems on a military aircraft engine.

Video of flying in a Black Hawk over Iraq.

Back to Fiji Politics, the announced cancellations of the scheduled team marches in Wellington, is a disappointing start to New Zealand's premier Rugby international; a title which the Fiji Sevens team are defending.



(Above image: Image of historic fort in Sigatoka valley).
The historical Tongan fortress is located on the West Coast of Viti Levu, up towards the head waters of Sigatoka river.




The issue of having a central state Government is a question with a turbulent history in Fiji. The question of central authority then became a socio-religious conflict with tribal roots. The historical article by Fiji Times will perhaps prompt a much needed reflection on the forces of change in Fiji politics.



(Above: Image of a similar pacification by the Government troops in the Ba highlands at the same period, described in the F.T article.)

A letter to the Editor of the Fiji Times reminds the public, of the cost in having a native state within a state.

Corrupt natives

I AGREE with Eliki Gaunavou (FT 26/1) that one area that deserved an immediate mopping-up is the Ministry of Fijian Affairs including the NLTB and the Native Lands Commission dispute resolution tribunal.

Land title disputes are based on a history of tension within family communities and oral tradition. [Disputes] have and will continue to be at the centre of major disputes. [Disputes] have become increasingly important because of lease money. Whenever a dispute arises, lease money is likely to be withheld.

Consequently, local and foreign economic activities stagnate, children stay home or roam the streets, poor families get poorer and the inherent indigenous dependency syndrome on lease money aggravated.

Mr Gaunavou rightly concludes that continuing disputes over vanua titles contribute to a "corrupt native society" and calls for the abolition and replacement of the Fijian Affairs ministry with a Ministry of Native Affairs.

The Fijian Affairs ministry is in fact just that a ministry of native Fijian affairs. It begs more questions which have been raised many times before by your editorials.

Why should indigenous Fijians continue to be doubly governed, first under the Constitution and then reduced to be subjects of native regulations administered by the Ministry of Fijian Affairs?

Isn't it time for indigenous Fijians to be governed as full citizens of the Republic of Fiji and Rotuma just like any other citizen? After 36 years of independence, is not one government and one set of rules sufficient for all who call Fiji and Rotuma home?

Everyone wants to soar like an eagle, including indigenous people the world over.

Fijians have long known their disadvantage. They cannot soar as long as they are subjected to the currents of two laws the mainstream one and another especially just for them.

Morgan Tuimaleali'ifano
Suva

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