Vetting of foreign soldiers should be law, says human rights group

Foreign soldiers must be vetted by law, says Human Rights Watch, after the ADF simply relied on assurances when it appointed an alleged torturer to one of its most senior commands.

Fijian Colonel Penioni (Ben) Naliva welcomed as deputy commander to the Australian Army's 7th Brigade. Picture: Defence

Foreign military personnel should be required by law to be vetted for service in the Australian military, Human Rights Watch says, following revelations that Defence simply relied on assurances from the Fiji government when it appointed an alleged torturer as deputy commander of the Australian Army’s 7th Brigade.

The Australian Defence Force faces a growing crisis amid demands for a formal investigation into how Col­onel Penioni (Ben) Naliva, a one-time right-hand man to former Fiji coup leader and prime minister Frank Bainimarama, was placed in command of more than 3000 Australian troops.

The Australian revealed on Monday that Colonel Naliva was alleged to have been involved in several violent beatings of ­detainees during the Bainimarama ­regime, with former cabinet minister Sam Speight claiming the soldier tried to force an M16 rifle barrel into his anus during an interrogation.

The appointment of Colonel Naliva occurred because Australia doesn’t have a transparent, legislated system for vetting its military partnerships and training programs, according to Human Rights Watch Australia director Daniela Gavshon.

“The Australian military should not be authorised to support, train, or appoint to their ranks anyone credibly accused of committing grave abuses,” Ms Gavshon says in an opinion piece in The Weekend Australian.

“Since the Australian military does not seem to have done this of their own volition, the parliament should pass vetting legislation that makes this clear and would bar anyone with a record of abuse from working with Australian forces.”

Human Rights Watch’s Australia director Daniela Gavshon.

Defence has declined to say what vetting, if any, it undertook for the appointment of Colonel Naliva, acknowledging only that it was “aware of reporting” ­regarding the Fijian soldier.

The Australian understands the department relied on assurances from the Fiji government that Col­onel Naliva had passed all the required Fiji police and national security clearances before being appointed.

Independent senator Jacqui Lambie demanded on Thursday that the Albanese government and Chief of Defence Force Angus Campbell reveal who ­appointed Colonel Naliva and what process, if any, was followed.

Defence Minister Richard Marles has declined to answer questions on whether he was aware of what vetting took place and whether Colonel Naliva was still deputy commander of the Brisbane-based 7th Brigade.

Ex-Fijian politician Sam Speight. Picture: Brett Phibbs

In 2018 then-secretary of ­Defence Greg Moriarty admitted that Australia did not “at the ­moment” have a vetting procedure in place for Myanmar soldiers taking part in military training by the ADF.

Australia has since suspended its defence co-operation program with Myanmar amid an intensified crackdown by the country’s military on protests after a coup that overthrew the country’s elected government.

Ms Gavshon acknowledged that unlike Myanmar, Australia had an important defence relationship with Fiji, but said the ­allegations against Colonel Naliva were so serious his appointment could not be ignored.

“The Australian government should be extremely careful not to legitimise anyone or any forces for whom there is credible ­information of serious human rights violations. It erodes Australia’s credibility and risks implicating Australian soldiers indirectly – or possibly directly – in grave crimes or violations,” she said.

Most Western countries have rigorous vetting procedures for foreign soldiers coming into their ranks on military assistance or treaty programs.