--WHAT DOES IT SAY?


The Biketawa Declaration, named after the tiny Tarawa atoll where it was adopted by the Pacific Islands Forum leaders in 2000, is not specific on censure measures the regional body could resort to to keep its members in line.

But as an expert on the Pacific told islands business that does not mean that any Forum member like Fiji cannot have its membership of the Forum suspended or terminated.

The Declaration leaves such a decision to the Forum Leaders to make under generalised terms as “targeted measures.”

The expert spoke to us on the condition of anonymity, but he was present at the formulation of the Biketawa Declaration in early 2000 and also at its adoption in Tarawa later that year.

Under Biketawa, can Fiji be expelled or suspended from the Forum for non-compliance?
EXPERT: “The Biketawa Declaration is not specific on expulsion or suspension. However, it provides for a special meeting of Forum Leaders should the crisis continue after the first intervention.
“Who knows what that special meeting will discuss? But Annex A provides the moderating force should the region decide on a further response.
“I suppose the Biketawa Declaration was not intended to be punitive. It provides essentially the guiding principles and some actions intended to resolve a situation.
“The leaders obviously had no intention to start dividing the region through suspension. This is the Pacific Way in operation!”

The provisions of Biketawa are largely vague, left in general terms. Why is this?
EXPERT: “The fundamental principle of the Biketawa Declaration is contained in paragraph 1: “...Forum Leaders while respecting the principle of non-interference in the domestic affairs of another member state committed themselves.
“The balancing act is clear. You cannot interfere, but you are in a way. So the generality of the text is the result of this balancing exercise. Fiji did not influence any drafting of the text.
“Remember Fiji and the Solomon Islands were the culprits in 2000, especially at that first ever meeting of the FFAMs (Forum Foreign Affairs Meetings).”

If Fiji cannot be expelled, suspended or subjected to any form of censure by the Forum under Biketawa, can it be said then that Biketawa and indeed the Forum is really toothless and useless?
EXPERT: “Targeted measures can be implemented under the Biketawa Declaration. This could easily be manifested in measures that impact ODA to Fiji. So it can result in some form of action apart from expulsion or suspension.
“The Biketawa Declaration should really be considered in the context of the Forum, what it is, what it represents, and the Pacific Way. The Forum is essentially developmental. PIFS (Pacific Islands Forum Secretariat) was SPEC (South Pacific Economic Council) before, you will recall. And this arose from the need for regional cooperation because we are weak if separated, but will be stronger if we are together. This is the strength of the Forum.
“Through this collective approach, we have been able to get millions of Euro from the EU, i.e. under the Regional Indicative Programmes.
The Forum’s Pacific Plan will be the main attraction for regional ODA in the future. The Pacific Way is one for consultation, cooperation, reconciliation and unification and inclusiveness. It is not one for bullyness, threats and punitive actions.”

Could the situation be a ‘catch 22’ given that the Forum cannot really impose any censure on Fiji to risk the location of its secretariat?
EXPERT: “The location of the Forum Secretariat (PIFS) is not at risk under the implementation of the provisions of the Biketawa Declaration. Any location can move. PIFS is no exception. But the deliberation of any decision on this will go beyond the provisions of the Biketawa Declaration. That is, other factors come into play.”

Fiji’s interim government in its presentation in Port Vila accused Prime Minister Qarase’s government of breaching the good governance provisions of Biketawa. Can the same be said of Fiji’s present regime for breaching provisions (ii) respecting the ‘liberty of individuals’?
EXPERT: “The Interim Government’s claim that the Qarase Government breached the provisions of the Biketawa Declaration is essentially propaganda. Does this mean the Interim Government is thus clean and has not in any way breached the Biketawa Declaration? That is pure balderdash! Perhaps worse!”

If the Forum is all for lawful government and democracy, why then should it allow a representative of Fiji’s regime to attend this year’s Forum summit in Tonga?
EXPERT: “Other similar questions can be asked. Why was Fiji allowed to sign the MSG Agreement? Let me rephrase that. Why was Fiji allowed to sign when the MSG had agreed in the first place not to invite Fiji?
“This only underlines the difficulties of this kind of relations. Yes, the Forum is for high principles and ideals and it strives to achieve those. At the same time, it has to be legal and legitimate in what it does.
“Fiji has certainly offended the Forum members, but it remains a legitimate member. As such, it has its rights to receive the services of PIFS and the Forum. On top of this, there is also the Pacific Way influences. The MSG did decide at first not to invite Fiji to the MSG Agreement signing.
“Then the Pacific Way came into play, especially given the close relations between Fiji and PNG, the chair of the MSG, and the decision was overturned. In the Tongan case, well, what can I say. Fiji and Tonga, Tonga and Fiji.
“Can you envisage a situation where PM Fred Sevele chairs a meeting of the Forum without Fiji? In this case, PM Sevele is the host and he invites his colleagues. It would be different if the SG (Secretary General) was inviting the Leaders.”

Is it fair to say that in negotiating Biketawa in 2000, Fiji’s PM Qarase didn’t think for a moment that he will be at the receiving end of a coup, and be subjected to the provisions of the very document he endorsed?
EXPERT: “Well, as you can see from the above, the provisions of the Biketawa Declaration were formulated given the case of Fiji and the Solomon Islands at the time.    We have just gone a full circle, and Fiji remains under the microscope and under the provisions of the Biketawa Declaration.”

In your opinion, what should happen when the proposed “joint working group” between the Forum and Fiji handed in its report on the Fiji situation in three months’ time. Should the Forum continue to stay engage with Fiji or should it consider some “tougher” actions?
EXPERT: “The joint working group will determine, after its assessment of the situation, whether the crisis persists. At that point in time, para 2(iv) of the Biketawa Declaration will kick in. For me, at that point in time also, I would like to be a fly on the wall when the special Forum meets!”