THE MUANIKAU ACCORD FOR THE RELEASE OF HOSTAGES HELD AT THE PARLIAMENT
COMPLEX VEIUTO
THIS ACCORD is made at Muanikau, Suva on Sunday the 9th day
of July 2000.
BETWEEN THE COMMANDER OF THE REPUBLIC OF FIJI MILITARY FORCES and HEAD OF THE
INTERIM MILITARY GOVERNMENT OF FIJI of the first part A N D ILIKINI NAITINI also
known as GEORGE SPEIGHT for and on behalf of himself and his group and supporters
of the second part.
A. WHEREAS a group of armed men under the leadership of one ILIKINI Naitini aka
George Speight herein after referred to as the George Speight Team (GST)]
did on 19th May 2000 at the Parliament Complex at Veiuto, Suva by force of
arms seize, take and have kept as political hostages the Prime Minister,
most members
of his Cabinet, some members of the House of Representatives and other persons
(here inafter referred to as the "political hostages") Schedule
One
hereto.
B. AND WHEREAS the GST was immediately joined by other civilians who under the
leadership of Ilikini Naitini aka George Speight purported to form a
government and styled themselves the Taukei Civilian Government (TCG) with the
declared purpose of addressing and correcting the growing discontent among
indigenous Fijians and their opposition:
(a) to various policies declared and/or implemented by the People's Coalition
Government under Mahendra Pal Chaudhry as Prime Minister; and to various matters
and issues which are inconsistent with the aspirations of the indigenous Fijians;
and,
(b) to the 1997 Constitution of the Republic of the Fiji Islands which they believe
are repugnant to the preservation and protection of the rights and interests
of indigenous Fijians in Fiji;
C. AND WHEREAS the said Ilikini Naitini aka George Speight did on 19th May 2000
purport to abrogate by Decree the 1997 Constitution of the Republic of the
Fiji Islands, and he also purported to promulgate various enabling Decrees under
which he proceeded to appoint a President, a Prime Minister and other Ministers
under the said TCG ;
D. AND WHEREAS the said Ilikini Naitini aka George Speight and the TCG purported
to establish and have maintained control of the Parliament Complex and its
environs together with the political hostages held therein since 19'" May
2000;
E. AND WHEREAS His Excellency, the President of Fiji, Ratu Sir Kamisese Mara,
on the advice of the Commissioner of Police and being satisfied that the state
of law and order in the country was put at great risk by the political crisis
caused by the GST, and acting on his own deliberate judgement. did on 19th May
2000
declare a state of national emergency over Fiji under the Public Safety Act;
and acting pursuant to section 85 of the Constitution, he assumed sale Executive
Authority of the Government of Fiji in the absence of the Prime Minister and
his Government Ministers;
F. AND WHEREAS on 23rd to 25th' May 2000 the Bose Levu Vakaturaga (hereinafter
referred to as the "BLV") in an attempt to maintain constitutional
Government and authority in Fiji met at the Queen Elizabeth Barracks at Nabua,
Suva ("QEB") and adopted a number of Resolutions (hereinafter referred
to as the "Resolutions"), and delegated to a specially appointed committee
(hereinafter referred to as a the "Committee") the responsibility:
(a) of conveying the said Resolutions to Ilikini Naitini aka George Speight
and members of his group (hereinafter referred to as the "GSG")
; and,
(b) of maintaining dialogue with the GSG in respect of the Resolutions ;
G. AND WHEREAS as a result of the disappointment initially expressed by the GSG
over the inconsistencies between some of their aims and plan of action and
some of the Resolutions of the BLV conveyed to them by the Committee, the Committee
acting pursuant to Resolution 10 of the said Resolutions, sought and
obtained the agreement of the GSG that the Committee entered into negotiations
with the GSG for the purpose of determining the best means of implementing the
said Resolutions;
H. AND WHEREAS His Excellency the President, in his continuing search for a proper
and peaceful solution to the political crisis and acting in accordance with his
constitutional powers, appointed the Minister for Labour, Industrial Relations
and Immigration, Ratu Tevita Momoedonu, to perform the functions of the Prime
Minister; and, further acting on the advice of the said Prime Minister, the President
dismissed Prime Minister Mahendra Pal Chaudhry and all of his Ministers, and
upon receiving the resignation for the said Ratu Tevita Momoedonu as Prime Minister,
the President proceeded to prorogue Parliament ;
I. AND WHEREAS following various incidents of civil commotion and continuing
civil unrest especially in and around Suva since 19th May 2000 resulting in the
fatal shooting of a policeman, and after the Commissioner of Police considered
that the Fiji Police Force can no longer guarantee the security of the nation,
requested the President to invoke regulation 22 of the Emergency Regulations
and to request the RFMF to perform all duties and functions of police officers.
The
President in his own deliberate judgement directed the RFMF to assume the responsibility
of the security of the nation;
J. AND WHEREAS the RFMF. under its Commander, Commodore Josaia Voreqe Bainimarama,
considering the gravity of the deteriorating security situation and
believing that it was necessary to preserve the State and its people from potential
anarchy, advised the President that it was in the best interest of the security
of the nation that the President gave way to the formation of military rule under
an Interim Military Government [IMG] and for the assumption of executive authority
and power by the .Head of the I MG ;
K. AND WHEREAS the Head of the IMG in the exercise of its executive
authority and legislative power over Fiji did on 29" May. 2000,
promulgate the following
Decrees
(a) IMG Decree No. 1, the Fiji Constitution Revocation Decree 2000, wherein it
abrogated the Fiji Constitution of 1997 resulting in the removal of his
Excellency the President of Fiji, Ratu Sir Kamisese Mara and all the vital institutions
of the Government, and,
(b) IMG Decree No. 2, the Fiji Existing Laws Decree 2000, resulting in the reinstatement
of all laws. other than the 1997 Constitution, existing prior to
29''° May 2000;
L. AND WHEREAS the IMG under the leadership of the Commander of the RFMF and
Head of the IMG with the assistance of his Military Council and selected
civilian advisers has been in effective control over the governance of the
nation since 29'" May 2000 including the promulgation of Decrees for
the establishment or continuation of the vital institutions of the State
M. AND WHEREAS the state of national security has compelled the IMG to continue
to maintain military rule over the whole nation with stricter application in
and around Suva and its suburbs in view of the continuing difficulty in finding
an acceptable solution to the current national crisis and the consequential reluctance
of the GSG to release its political hostages still held captive at the Parliament
Complex until an acceptable solution is found ;
N. AND WHEREAS the national crisis has caused and continues to cause serious
adverse effect and implications on the national security and its people in -
relation to their daily lives and welfare; including the national economy, the
employment situation, the education system, public transport and national security;
O. AND WHEREAS the representatives of the parties hereto have with the co-operation
of a Committee of the BLV and occasionally under the chairmanship of the Turaga
tie Tut Vuda Ratu Josefa Iloilo, and in the final stages with the assistance
of the Turaga tie Qaranivalu, Ratu lnoke Takiveikata, been engaged in
continuous negotiations in their search for and desire to find the most appropriate
peaceful solution to the current national crisis especially in relation to the
release of the political hostages, the formation of a suitable and acceptable
interim regime and the mapping of a way forward to ensure that the grievances
of the indigenous Fijians including those highlighted by the GSG are expeditiously
addressed and adequately corrected without ignoring the interests of all other
citizens of this nation;
P. AND WHEREAS the H/IMG has continued to govern the nation with the assistance
of his Military Council and unilaterally selected a Military Interim
Government on 4`" July, 2000 until the appointment of an Interim Civilian
Government under clause 2 below. NOW THEREFORE THE PARTIES HERETO
AGREE as follows:
1. The immediate objectives of the Parties under this Accord are:
a. release of political hostages held at the Parliament Complex;
b. the restoration of law and order as soon as practicably possible
c. the return of all service personnel (who shall be - reinstated to their service
status quo before 19th May, 2000), and the return of arms, ordnance
and stores to the RFMF.
2. The H/IMG shall promulgate a Decree on or before Thursday 13th July 2000 to
come into force on Thursday, 13th July 2000 to include provisions for:
a. The establishment of the position of an Interim President and Interim Vice
President who shall be nominated and appointed by the BLV.
b. Transferring Executive Authority from the H/IMG to the Interim President
on Thursday 13" July 2000. Effective as at the transfer of Executive
authority, all Ministers appointed by the H/IMG, pursuant to that power,
are deemed to have
resigned from their respective portfolios.
c. Vesting power in the Interim President to establish an Interim Civilian Government
[ICG] under a Ministerial format to govern the nation from
Thursday 13'" July 2000 for a period of 24 months in order to return
the nation to constitutional rule; and to replace the current Military Appointed
Interim Civilian Government.
d. Vesting Power in the Interim President to appoint, in Consultation with the
BLV a Constitutional Review Commission with an appropriate Terms of Reference.
e. Convening a BLV meeting on Thursday 13'" July 2000 to appoint
an interim President and an Interim Vice President.
3. The H/IMG is to promulgate on Thursday 13th July 2000 a Decree to
grant immunity to all persons who allegedly commits the offence of treason
in connection
with
the actions of the GSG on 19`" May 2000. The Decree is to cover offences
committed between the 19th May 2000 and 13°' July 2000 ( both dates inclusive)
and also to cover other persons who allegedly committed offences which are covered
within the meaning of "political offences" as defined under the
Decree. It is a condition of the grant of immunity under the Decree that:
a. Political hostages held at the Parliament Complex be released on the date
of the BLV meeting.
b. Service personnel involved in the in the political takeover, are to be reinstated
to their respective service status quo before 19th May, 2000 and the return of
arms, ordinance and stores to the RFMF pursuant to clause 5 below.
4. The RFMF shall, upon the signing of this Accord. Immediately -Repeal the Military
Exclusion Zone Decree before the meeting of the BLV.
5. Parties shall return all deployed operational stores and personnel to their
respective garrisons as soon as practicable after the release of the hostages.
SIGNED by the parties hereto on the day and date herein before written.
RATU JOSAIA VOREQE BAINIMARAMA }
THE COMMANDER OF THE REPUBLIC }
OF FIJI MILITARY FORCES and HEAD }
OF THE INTERIM MILITARY }
GOVERNMENT OF FIJI )
WITNESSED by the Turaga tie Qaranivalu, Ratu Inoke Takiveikata
ILIKINI NAITINI aka GEORGE SPEIGHT }
AS LEADER OF THE TAUKEI CIVILIAN }
TAKEOVER GROUP
WITNESSED by the Turaga tie Qaranivalu, Rats Inoke Takiveikata }
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