The Fiji Human Rights Commission said the events of December 5th, 2006 cannot be described as a coup.

In the commission's report to the UN, Human Rights Commission Director, Dr Shaista Shameem said by authorizing Laisenia Qarase's removal, President Ratu Josefa Iloilo appears to have exercised his sovereign power under section 86 of the constitution. She said the action was taken to protect both the constitution and the state of Fiji and to provide immunity for those who carried out his wishes in the public interest.

The report states that in the last few days of November 2006, it apparently became obvious to the President that Qarase was acting unilaterally in matters of governance in breach of section 104 of the constitution. Section 104 states that the Prime Minister must keep the President generally informed about issues relating to the governance of Fiji and must supply the President with such information the President requests concerning matters relating to the governance of the state.

Specifically, the FHRC said, President Iloilo was kept in the dark about the looming presence of the Australian naval taskforce just outside the Fiji waters in late November and he was not informed about the Prime Minister's request to Australia and NZ for foreign intervention.

The report also said that on the morning of December 5th, Laisenia Qarase refused point blank to attend a meeting with the President when called to do so.

Doctor Shameem said the FHRC's investigations reveal that the events of late November and early December seemed to call for the exercise of constitutional sovereign power. It said sovereign power is not an extra-constitutional power arising out of the Doctrine of Necessity but it is exercised constitutionally in certain circumstances under the Doctrine of Sovereignty.

It notes certain matters and legislations that the Qarase government tried or managed to push through last year which included the Affirmative Action programme, the Qoliqoli Bill and the Indigenous Land Claims Tribunal Bill.

The Human Rights Commission said the President's sovereign power was exercised on December 5th, 2006 and again on January 18th, 2007, first by removing a Prime Minister who was acting against the constitution and secondly by providing immunity from civil or criminal prosecution for those that undertook the task of the President, namely the Commander and the RFMF itself.

The FHRC goes on to say that legally and constitutionally, the events of December 5th cannot be defined as a coup. The commission said the actions in December were those of a President exercising his prerogative power.

The commission has told the UN that it will draw the court's attention to the authorities cited in the report if requested to do so.