QCCL Expresses concern about appointment of Fijian Colonel

Chief of Staff

The Hon Richard Marles MP

Minister for Defence

Reference is made to articles in The Australian newspaper of 30 and 31 January 2024 in respect of this matter (enclosed[i]).

It is noted that the enclosed articles make the following points:-

·         Australia has committed to grow its defence and security cooperation with Fiji under the Vuvale Partnership Agreement signed last October with the increasing co‑deployments between the Australian Defence Force and the Republic of Fiji Military Forces.  It is envisaged that this type of partnership is likely to extend to other countries with whom Australia is seeking closer ties in the Pacific region;

·         Colonel Naliva who has been appointed the Deputy Commander of the Australian Army 7th Brigade is the subject of serious allegations of torture arising from his membership of the Fijian Armed Forces; and

·         In 2011 the UN Special Rapporteur named then-Major Naliva in a Report to the Human Rights Council of the UN General Assembly citing his role in the subject beating of Suva businessman Benjamin Padarath.

It is noted that in both of the enclosed articles the following comments are attributed to the Australian Defence Department or the Australian Army, namely:-

·         A Defence spokesman would only say “Defence is aware of reporting regarding Colonel Penioni Naliva.  Defence takes any allegation of wrongdoing seriously.”;

·         Defence has declined to say what vetting, if any, it undertook for the appointment of Colonel Naliva but has acknowledged that it was “aware of reporting” regarding the Fijian soldier; and

·         A Defence spokesman told The Australian on Tuesday that “Australia is currently engaged with the Fijian Government on this matter.”

This Council views with considerable concern the fact that a Fijian military person with a bad human rights record would be appointed to any position in the Australian Army let alone the high ranking position of Deputy Commander of the Australian Army 7th Brigade.

We would seek to be informed as to the following:-

·         What steps were taken to assess Colonel Naliva’s human rights record having regard to the publicly available Report of the UN Special Rapporteur prior to his appointment; and

·         What procedures are in place to ensure that the appointment of any other Army personnel from Pacific countries undergo a rigorous vetting regime as to their human rights record prior to their appointment to any positions in the Australian Army.

It is noted that the recent Brereton Report has resulted in referral of various issues arising from the Australian Army’s SAS Division in relation to allegations of war crimes in Afghanistan for ongoing investigation with a view to prosecution action.

Against that background, it is a matter of the most critical importance that the Australian Government and the Australian Army make it clear in respect of any military person who is seconded or appointed to any arm of Australia’s Military Forces that they be of the highest calibre and absolutely beyond reproach in respect of their human rights record.

It is further contended that prior to the appointment of any military personnel from Pacific or other countries that Human Rights Organisations in the country from which the appointment is to be made are to be fully and comprehensively consulted and invited to make submissions as to the human rights records of potential appointees.

We would appreciate hearing from you at your earliest convenience in relation to the matters raised in this correspondence.

Enclosed:

[i] 30/01/2024 – Article “The Australian”

  31/01/2024 – Article “The Australian”