Australia denies travel threat made to judges moving to Fiji
Updated
Australia has denied an allegation by Fiji's Chief Justice that it is trying to influence the island nation's judiciary. Since Fiji's constitution was scrapped in April, and all members of the judiciary were sacked, there has been a shortage of judges. That shortfall is being partly filled by judges on secondment from Sri Lanka for up to three years. The first of them will arrive this week. But Fiji's Chief Justice Anthony Gates has accused Australia and New Zealand of trying to make those judges change their mind about making the move.
Presenter: Pacific Correspondent Campbell Cooney
Speaker: Fiji Chief Justice Anthony Gates; Professor Brij Lal from the Australia National University
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COONEY: It's rare for chief justices anywhere to make public statements or criticisms, but Fiji's chief justice, Anthony Gates, did just that at a press conference in Suva recorded by Fiji TV. During it, he claimed that Sri Lankan judges have been forced to travel to Fiji via Korea. He also told reporters Australia tried to convince the judges not to take up their appointments.
GATES: Each one of the judicial officers was telephoned by visa officers from the Australian High Commission counselling them against taking up the appointments in Fiji. They were each warned that if they took up the appointments, they would not be allowed to travel to Australia during their time in Fiji and that they would not be allowed into Australia for medical treatment for themselves or their families either. Fiji must have a judiciary and it is not for Australia and New Zealand to tell us we cannot have one or to tell us who we are to appoint.
COONEY: In a written statement, a spokesman for Australia's Department of Foreign Affairs and Trade says Chief Justice Gates has seriously misrepresented the handling by the Australian Government of the applications by Sri Lankan judges to travel via Australia to Fiji.
STATEMENT FROM FOREIGN AFFAIRS : Completely contrary to Chief Justice Gates, a decision had been made to issue transit visas to the judges, but this did not happen as they withdrew their applications having decided instead to travel to Fiji via Korea.
COONEY: And the statement also refutes the allegation that Australia tried to stop the judges moving to Fiji.
STATEMENT FROM FOREIGN AFFAIRS: The Australian High Commission in Colombo advised the judges that once they took up their positions in Fiji, they would be subject to Australia's travel bans. Contrary to the claim of Chief Justice Gates, this did not amount to a warning to the judges. It's also completely incorrect to claim the judges were not told they would not be allowed into Australia for medical treatment for themselves or their families either. Sanctions have been relaxed on a case-by-case basis on compassionate grounds.
COONEY: Fijian-born, Professor Brij Lal, from the Australian National University, is in Suva.
LAL: On the one hand, those who are opposed to the military regime say that it is quite hypocritical for the chief justice himself illegally installed to be making these comments. On the other hand, his attack on Australia and New Zealand is part of a larger narrative where it seeks to project Fiji as a victim of Australian and New Zealand imperialism.
COONEY: In its written statement in response to the chief justice's claims, DFAT has made it clear the Australian Government has no intention of moving away from its policy of imposing travel bans on those associated with Fiji's interim government.
STATEMENT FROM FOREIGN AFFAIRS: Our targeted sanctions remain an effective means of keeping pressure on Bainimarama and regime members to return Fiji to democracy. They are designed to demonstrate to members and supporters of the Fiji regime that there are clear consequences if they interfere illegally in government.
COONEY: Professor Lal agrees that telling the judges about the travel bans they face if they take up the Fiji secondment was a courtesy. That said, he accepts that doing so was also diplomatic brinkmanship by Australia in its dealings with Fiji.
LAL: I think that is right and I think that also on the part of the interim administration here, they are also engaging in this game of brinkmanship to see whether pressure from Fiji, from the South Pacific Forum or from forum island countries will result in Australia and New Zealand softening their stance towards the military regime.
