Fiji govt ruled illegal, military awaits appeal

Mahendra Chaudhry's government was toppled following the coup earlier this year

November 15, 2000
Web posted at: 8:33 PM HKT (1233 GMT)

SUVA, Fiji (Reuters) -- Fiji's High Court on Wednesday ordered the pre-coup administration of ethnic-Indian Prime Minister Mahendra Chaudhry reinstated, but the indigenous Fijian interim government promptly challenged the ruling.

Fiji's military, which installed the interim government, said it respected the High Court decision, but would await the outcome of an appeal to be lodged by the interim Attorney-General.

"We respect the High Court's decision," said military commander Frank Bainimarama in a statement, but added: "The decision is only the first step in the legal process."

High CourtJudge Anthony Gates said in his ruling that the post-coup government headed by Laisenia Qarase was unconstitutional and called on deposed President Ratu Sir Kamisese Mara to recall parliament and reinstate Chaudhry.

But Qarase said he would continue to rule Fiji with the aim of securing the safety of citizens, rehabilitating the battered economy and working towards an eventual return to democracy.

"The interim government will continue as the national government and legislative authority in Fiji," he said.

Analysts said that without military backing the ruling was only a moral victory for Chaudhry, Fiji's first ethnic Indian leader who was toppled in a May coup and held hostage.

"In real political terms there is no evidence that the legal solution will matter very much," Suva-based University of South Pacific associate professor Scott MacWilliam said.

"Fiji now has a government that is dependent entirely on military support. It cannot rule in any other means."

RECALL PARLIAMENT

Failed businessman George Speight and gunmen stormed Fiji's parliament in May and toppled the Chaudhry government in the name of indigenous rights. Chaudhry was released after 56 days and the military appointed an interim indigenous Fijian government.

Speight is in jail awaiting trial on treason charges.

A failed military mutiny on November 2 by the special forces unit which backed Speight's coup left eight soldiers dead and 22 civilians wounded, further rocking Fiji.

"The George Speight coup was unsuccessful in its attempt to overthrow the democratically elected government of Mahendra Chaudhry," Gates said.

Chaudhry welcomed the ruling and urged post-coup authorities to recall parliament and return Fiji to democracy.

"The (Chaudhry government) coalition urges the authorities to abide by the high court ruling and to recall parliament so that Fiji is back to democratic rule," he said in a statement.

Appealing for calm from the community in the wake of the ruling, Bainimarama noted that Gates had invited the military "to ensure the smooth and amicable handover of government."

"We do not wish to pre-empt the decision of the Court of Appeal or interfere in the judicial process and we will not engage in speculative actions in the meanwhile," he said.

Qarase, who has said he will rule for the next 18 months before fresh elections can be held, said he drew authority from the military-backed President Ratu Josefa Iloilo and Fiji's traditional power base, the Great Council of Chiefs.

His government was committed to a new constitution to "secure the future of indigenous Fijians" after the chiefs withdrew their endorsement of the 1997 multi-racial constitution.

But Gates said the abrogation of the 1997 constitution, which had enabled Chaudhry to become prime minister, was wrong and that the make-up of Fiji's multi-racial parliament was still intact.

The high court ruling stems from a case by an Indian-Fijian who was displaced by the coup and forced to live in a refugee camp. There are a series of individual cases pending which challenge Fiji's the post-coup administration.

New Zealand Prime Minister Helen Clark said the ruling was a signal to Fiji to speed up a return to democracy.

"The sooner the government, unconstitutional as it is in Fiji, comes up with a clear timetable to return to constitutional democracy, the better," Clark told a news conference on the sidelines of a summit of Asia-Pacific leaders in Brunei.

Copyright 2000 Reuters. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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