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The Fiji government has given notice of intention to suspend the operation of Part Two of the Pacific Agreement on Closer Economic Relations (PACER), Foreign Minister Ratu Inoke Kubuabola has announced.
In a written notice to the other member countries of the Pacific Islands Forum, Kubuabola expressed “deep regret that the Fiji government records the failure of the majority of state parties to PACER”.
Kubuabola said the notification of this move by Fiji, pursuant to Article 60 of the Vienna Convention, had occurred as a consequence of a material breach of her interests by the inadequate response of parties to Fiji’s request for consultations.
He also cited Fiji’s continued exclusion from trade discussions and negotiations relating to the PACER Agreement, despite Fiji being a state party to the agreement.
The Fiji government invoked Article 15 of PACER on June 29 this year, asking that parties enter into consultations regarding Fiji’s exclusion from meetings and decisions of PACER Parties.
Kubuabola said article 15 is the only dispute resolution mechanism available under PACER and mandates parties to respond as soon as possible.
He said of the 15 Forum member countries, only the Solomon Islands had responded in good faith and in a timely manner to Fiji’s request for consultations.
Kubuabola said that the breach of state parties’ obligations under Article 15 of PACER had been further specifically compounded by the announcement of the launch of PACER Plus negotiations.
“As these acts and continued omissions constitute a material breach of our rights under Part Two of the PACER agreement, regrettably, Fiji has no alternative but to give notice of our intention to suspend the operation of Part Two of PACER, pursuant to Article 60 of the Vienna Convention.”
He further clarified that Fiji would proceed with invoking suspension on the grounds of material breach, unless the material breach is remedied by fully reinstating her rights as a state party to PACER within a period of thirty days.
Full reinstatement of Fiji’s rights under PACER, he said would require the convening of a meeting of all PACER parties to retract the decision regarding Fiji’s exclusion from PACER-related activities, as well as the launching of PACER Plus negotiations and the withdrawal of the advertisement and recruitment of the Chief Trade Adviser.
Such a meeting, he said “needs to take place as soon as possible and could be held in the margins of the forthcoming Pacific ACP Trade Ministers meeting, where most of the PACER Parties would be present”.
The comments came after the first round of PACER negotiations between Forum member countries in Australia this weekend.
