Source: 2002
Released by the Bureau for International Narcotics and Law Enforcement Affairs
Neither Fiji nor Tonga is a major producer or a significant consumer of narcotics. There are some indications that drug syndicates are using both Fiji and Tonga 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.
The greatest impediments to effective narcotics enforcement in Fiji and Tonga are their outdated laws and inexperienced and under-trained police.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.
While both Fiji and Tonga have passed money-laundering legislation that deals specifically with proceeds from narcotics-related crimes (Fiji in 1997 and Tonga in 2000), neither country has made an arrest nor secured a conviction under their respective laws.
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; evidentiary requirements under the law might well exceed the capacity of local investigative officials.
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.
As the economy continues to worsen, an increasing number of farmers are switching to cannabis. 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. Cannabis seizures fell in 2002 from 2001's record 183.8 kilograms to 1.15 kilograms. However, record-keeping is complicated by the Government's practice of recording both grams of cannabis seized (in ready-to-sell form) and whole plants seized. While the kilograms of finished product seized in 2002 fell more than 94 percent from 2001, the number of whole plants seized increased from 515 in 2001 to 2,010 (or by 290 percent) in 2002.
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, as amended by the 1972 Protocol, 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.
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. Of particular concern in Fiji are the low salaries and status enjoyed by customs and immigration officials. The presence of increasing numbers of illegal migrants in Fiji has been connected with increased vulnerability to narcotics trafficking and, potentially, transiting terrorists.
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 23 criminals were deported to Tonga from the United States in 2000 in accordance with U.S. law requiring the deportation of criminal aliens. Twenty-five more were deported in 2001, and between 15-20 in 2002. 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 they were 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.
U.S. Government counternarcotics initiatives in Fiji and Tonga have concentrated on helping both countries secure their borders from the multiple and related threats of people smuggling, narcotics smuggling and possible transit by international terrorists. FAA and U.S. Customs officials conducted a number of seminars in Fiji in 2002 to which officials of both Fiji and Tonga were invited. While in Fiji, U.S. Customs officials also inspected port facilities in Suva that are considered by other regional governments to be particularly vulnerable to smuggling operations. Further cooperation in the fields of airport and port security is planned with both Fiji and Tonga.
The Road Ahead. The U.S. will continue to provide training in narcotics detection techniques in Fiji and Tonga.