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Source: 2001

International Narcotics Control Strategy Report -- 2001

Released by the Bureau for International Narcotics and Law Enforcement Affairs

Southeast Asia and the Pacific

Fiji and Tonga

I. Summary

Neither Fiji nor Tonga is a major producer or a significant consumer of narcotics. There are some indications both Fiji and Tonga are being used by drug syndicates as transshipment points for drugs bound for Australia, Canada, and New Zealand. Police suspect that Fiji has also been used to transship drugs to the United States. Both Fiji and Tonga are parties to the 1988 UN Drug Convention.

II. Status of Country

Indications of the quantity of drugs transiting Fiji and Tonga are provided by the November 2001 seizure in Tonga of 100 kilograms of cocaine, and the seizure in Fiji of 357 kilograms of 90 percent pure heroin in October 2000. On November 21, 2001, the Tonga police seized 100 kilograms of cocaine hidden in a shipment of floor tiles. The tiles were shipped to Tonga from Panama. Paperwork associated with the shipment indicates that the floor tiles were scheduled to be shipped to Fiji and then to Australia. The Australian federal police are working with Tonga in this investigation and state that they believe that an additional 150 kilograms of cocaine had already transited Tonga before the Tonga police discovered the cocaine they seized. Neither the Fiji nor Tonga police forces are capable of combating major drug activity without assistance.

The greatest impediments to effective narcotics enforcement in Fiji and Tonga are their outdated laws and inexperienced and under-trained police. For example, Fiji law requires the approval of the President of Fiji in order to conduct a wiretap. Fiji law also requires that before customs officers can open a suspicious package or container the owner must be informed and must be present. Even when laws provide for modern investigative techniques, the police are often unable to manage such techniques. The maximum possible sentence for narcotics offenses in Fiji is eight years.

Both Fiji and Tonga have laws permitting controlled deliveries of drugs for investigative purposes, although the ability of both local police forces to conduct such operations is limited. They do not have the training, personnel, or equipment to conduct the surveillance that would be part of a controlled delivery. Fiji police have conducted one controlled delivery with personnel and technical assistance from the Australian federal police. The use of controlled deliveries by the police is also limited because Fiji and Tonga laws require the police to prosecute only based on the amount allowed to remain in the controlled delivery and not the original amount of drugs.

Fiji does have a law to provide for the confiscation of the proceeds earned from the commission of serious offenses. The Fiji police have never used these asset seizure laws in a criminal case. Nor have they ever used the provision of the law for identifying criminal proceeds.

III. Country Actions Against Drugs in 2001

Policy Initiatives. Both Fiji and Tonga are taking steps to try to modernize their narcotics laws and criminal investigative procedures. Fiji and Tonga have established Combined Law Agency Groups (CLAGs). CLAGs consist of law enforcement and other agencies and are designed to provide for the timely exchange of information, enhance cooperation efforts, and develop joint target strategies.

Cultivation/Production. Fiji has a growing internal problem with the cultivation and sale of cannabis. Other than cannabis, neither Fiji nor Tonga produces any drugs. Neither plays any role in the procurement of precursor chemicals.

Fiji is working to meet the goals of the 1988 UN Drug Convention. The Fiji police seized 175 kilos of marijuana in a raid on a rural farming area in 2001. As the economy continues to worsen, an increasing number of farmers are switching to marijuana. There are no known incidents of export of cannabis from Fiji. Cannabis is the drug of choice primarily for economic reasons. The average income level in Fiji does not allow for the purchase or use of more expensive drugs.

Agreements and Treaties. Both Fiji and Tonga are parties to the 1988 UN Drug Convention and both are trying to meet the goals and objectives of the Convention. Fiji and Tonga are also parties to the 1961 UN Single Convention on Narcotic Drugs, the 1972 Protocol amending the Single Convention, and the 1971 UN Convention on Psychotropic Substances.

The 1931 U.S.-UK Extradition Treaty remains in force between the United States and Tonga through a 1977 exchange of notes. Similarly, the 1931 U.S.-UK Extradition Treaty remains in force between the United States and Fiji through an exchange of notes that entered into force in 1973. Cooperation generally between Fiji, Tonga, and the United States is excellent

Corruption. The political instability caused by the overthrow of the previous government makes Fiji highly vulnerable to corruption, while poverty contributes to corruption in Tonga.

Law Enforcement Efforts. According to Tonga officials, Tonga faces an increased threat from the large number of criminal deportees sent from the United States. Officials note that in 2000, 23 criminals were deported to Tonga from the United States in accordance with U.S. law requiring the deportation of criminal aliens. As of the date of this report, 25 more criminals had been deported to Tonga in 2001. Many of these deportees had been convicted for drug-related crimes and other serious offences, such as armed assault, armed robbery, and sexual assault. In May 2001 Tonga police identified at least three deportees who were members of the "Tonnage Crip Gang" while in the United States. Tonga authorities say that they are now faced with sophisticated criminals whose skills and knowledge exceed that of the local authorities. Authorities of Tonga have stated that crime is increasing 40 percent each year in Tonga. Tonga police do not have the training or equipment to deal with the increase in either the number of crimes or the sophistication of criminals.

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