Impunity Watch: Oceania

Fiji: Public emergency bans lifted

The Public Emergency Regulations (PER) that have been in place since the coup in December will be lifted at midnight tonight, interim prime minister and military commander, Commodore Bainimarama, announced.  "Following a thorough assessment, and taking into consideration the views of the security agencies, namely the RFMF and the Fiji Police, and the Ministry of Home affairs, the government has decided to not extend the PER," Bainimarama said on 31 May 2007.  "In other words the PER will end at midnight tonight."  The Public Emergency Regulations were what gave the military the power to arrest and detain people in military barracks, which in turn led to public outcry and, more recently, lawsuits.  (See the Impunity Watch report on these suits here .)  The PER also suspended certain constitutional rights.

Bainimarama also emphasized that the Public Order Act would be strictly enforced.  Under this Act, according to the Fiji Times article, any person will be guilty of an offence if he or she: incites violence and disobedience of law; incites racial antagonism; disturbs public peace; holds public gatherings without a permit; maliciously fabricates or knowingly spreads or publishes whether by writing or by word of mouth any false news or false reports to create or foster public alarm and anxiety; and acts in a manner prejudicial to public safety or to the peace and good order of Fiji.  However, these infractions will be dealt with by the police, rather than by the military.

A variety of groups accused the government and the police of using the PER to abuse human rights, and the European Union had made millions of dollars in aid contingent on the termination of the PER by the end of May.  The European Union has not yet responded to Bainimarama's announcement.  Many domestic officials in Fiji, notably the chief executive of the Fiji Visitors Bureau, the president of the Australia-Fiji Business Council, and the chairman of the Public Sector Unions, are relieved that the PER is lifted and have welcomed it as a positive step.

Ousted Prime Minister Laisenia Qarase is reserving his comments at this time, saying that he wants to wait and see how the lifting of the PER works out.

Please see also:
"Fiji emergency regulations to be lifted"  Radio New Zealand International (31 May 2007)
"Response to lifting of Fiji's state of emergency"  Radio New Zealand International (31 May 2007)
"Levée de l'état d'urgence à Fidji"  Tahitipresse (31 May 2007)
"Fiji lifts state of emergency"  Radio Australia (01 June 2007)
"State lifts public emergency laws"  Fiji Times (01 June 2007)

Summons Causes Indonesian Leader to Leave Australia as Tensions Flare

     A thirty year old controversy has flared up between Indonesia and Australia, when Jakarta Governor Sutiyoso left Australia, prematurely ending his state visit to the island nation. Sutiyoso says that he left when men burst into his hotel room and asked him to sign an invitation to participate in a coroner’s inquest regarding the deaths of five Australian journalists in Baliboa, East Timor on October 16, 1975. Sutiyoso has said that he left because, “I was angry because I was not supposed to be treated like that as a state official who came on an official invitation.”  The summons was sent by Australian Deputy State Coroner Donnelle Pinch because, under Australian diplomatic immunity laws, Sutiyoso could not have been subpoenaed to appear before the inquest. 

Pinch’s inquest to determine the cause of death of the five journalists is welcomed news from the journalists, many of whom do not believe the state’s official story, but believe that there was an intergovernmental cover up.

     There have been two previous investigations of the 1975 killings and both have determined that the five journalists were killed accidentally when they were caught in a cross fire between military forces. However, according to an eyewitness who is being called “Glebe Two” by the coroner, Yunus Yosiaf, who would later become a minister in the Indonesia Government, opened fired on five Australian reporters and ordered his troops to do the same. Yosiaf, in an ABC interview this February, acknowledged that he was in Baliboa at the time, but that he was never in contact with any of the journalists and did not order their killing. While publicly denying any involvement with the killing, Yosiaf refused to participate in the coroner’s inquest. Like Yosiaf, Sutiyoso acknowledged that he was stationed in

East Timor when the journalists were killed, but denies that he had any direct involvement in their deaths.

Mark Tedeschi, the senior lawyer assisting in the inquest, believes that the new evidence is enough to bring war crimes charges against members of the Indonesian government. He has not yet announced any names for who will face charges, saying that he would wait until the coroner’s investigation was concluded before releasing names.

 For More Information about This Story:

San Diego Union Tribune

Australian Broadcast Company

 AP Report

CNN

BBC News

Fiji: Former MP and sixteen others file complaints against the military

Radio New Zealand reports that sixteen complaints have been filed against the military in Fiji for assaults on civilians.  The complaint that has received the most press has been that of Ted Young, acting director of the ousted SDL party.

Young was summoned to the military camp at Queen Elizabeth Barracks, presumably because of his public criticism of the military and the interim government's National Council for Building a Better Fiji.  Young had told the Fiji Sun that Fiji's deterioration is the fault of the lack of discipline in the military and the military's reluctance to work with civilian governments.

Over the course of his interrogation, Young alleges, he was punched twice in the face.  He appeared on television a few hours after this meeting with visible bruising.  Peceli Kinivuwai, the SDL party national director, says that Young told him he went to the military barracks because he did not want to risk them showing up at his house "for the sake of them being a nuisance and a security threat to his family."  Young told the Fiji Times that he was taken to a cell and beaten by a senior military officer before a second officer arrived to interrogate him.

Young filed a complaint with the police, but did not file one with the Fiji Human Rights Commission, stating that he did not have faith in that organization.

Since the December coup, members of the public and former members of the government have been questioned at the barracks, and many of them allege assault by members of the military over the course of those interrogations.  The Fiji police have taken the stance that the public emergency regulations clearly allow the military and the police to use force if they deem it necessary.  The interim Attorney General, Aiyaz Saiyad-Khaiyum, agrees that special regulations apply.  The police have also stated that they have to see medical reports to evaluate how serious the charges are.

Please see also:
"Fiji police say 16 cases filed over alleged assault by military"  Radio New Zealand International (28 May 2007)
"SDL politician alleges assault by Fiji military"  Radio Australia (23 May 2007)
"Ex-MP assaulted by army"  Fiji Times (22 May 2007)
"SDL official summoned by Fiji military" Radio New Zealand (21 May 2007)

Tonga: Journalist wins media freedom award

The Pacific Islands News Association (PINA) has announced the winner of its 2007 Pacific Media Freedom Award, Tavake Fusimalohi, who is a Tongan pro-democracy newspaper editor.

Fusimalohi was a longtime general manager of the government-owned Tonga Broadcasting Commission before moving on to independent media.  He is currently the editor of the newspaper Kele'a.  He is also a founder and former executive director of PINA.  He was unable to receive the award in person, since he is not allowed to leave Tonga.

Fusimalohi has been charged with criminal defemation and sedition following the media crackdown after the November 16 riots.  The government is exercising emergency powers.  Two other pro-democracy media executives and journalists are facing similar charges.

John Lamani, president of the Media Association of the Solomon Islands, said that "Tavake stands for everything that this award symbolises.  He is making sure the people know what is really happening despite all the efforts by the government to try to silence him. He faces going to jail for this."

Please see also:
"Tongan gets media freedom honour"  Solomon Star (29 May 2007)
"Tongan editor wins PINA media freedom award"  Radio New Zealand International (28 May 2007)
"Tongan newspaper man gets media freedom honour"  Pacific Magazine (27 May 2007)

Australia: Whistleblower likely to face jail time

Allan Kessing leaked a protected report on airport security and organized crime in the Sindey airport.  This information led to an overhaul of aviation security across the country, to the tune of $200 million in federal government expenditures (AUD; $163.8 million USD).  However, the judge in his case is "sympathetic to the view" that he should impose a prison sentence as a deterrent for other whistleblowers.

The jury found Kessing guilty of unlawfully communicating information as a former commonwealth officer.  The judge has said that he is concerned that the leaking of the information could have disrupted police operations, and is considering Crown prosecutor Lincoln Crowley's argument that there was a possibility that undercover operations could have been compromised by the leak of the information.

Crowley claims that the breach of trust the leak represented was more grave because of the nature of the report, and that "The only appropriate sentence would be a full-time custodial sentence."  Kessing's defense lawyer, Peter Lowe, on the other hand, states that the leak had exposed a situation that outraged the public and needed to be addressed.

Gail Batman, a senior customs officer and national director of border intelligence at the time of the leak, told the court that several securities were "very unhappy" about the leak and that the release of the information had embarassed customs and other government agencies, and had heightened media scrutiny.  Lowe replied that there was nothing damaging in the leaked report and that, furthermore, "If you can't criticise, analyse, or critique a commonwealth agency that is charged with protecting us, what can you do?"

The verdict will be delivered on June 14.

Please see also:
"Judge 'inclined' to jail airport whistleblower"  The Australian (26 May 2007)
"Whistleblower faces jail sentence"  The Australian Broadcasting Corporation (27 March 2007)
"Airport leak blamed on Customs official"  The Australian (07 November 2006)

Citizenship for Sale in Papua New Guinea

    The Papua New Guinea Post-Courier has reported that citizenship in that country is now up for sale. One foreigner came forward to say that he had paid 10,000 Kina (about 3,500 USD) to the several executives of the Office of Foreign Affairs.  According to insiders, the sale of citizenship and work visas are common practice in Papua New Guinea, with Immigration office and Foreign Affairs officers working out these "dirty deals" to have applications rushed through the system. 
    Those who apply for citizenship legally in PNG have to submit a form through, pay 10,000 Kina and wait for the forms to be processed.  The unnamed foreigner said that he paid the money over the counter to government officials directly, bypassing the Finance Department.  The man indicated that he feared for his life after talking to the Post-Courier and was unsure what would happen to him.
    The representatives of the PNG government did not respond to the Post-Courier's request for comment.

For More Information About This Story:
Post-Courier Online

Northern Mariana Islands: Federal immigration bill will harm indigenous people

The Northern Mariana Islands is a dependent territory of the United States.  This means that they are bound by United States law and the United States Constitution.  However, an immigration federalization bill, proposed by Senator Bingaman (D-NM), would extend United States federal control of immigration in the Commonwealth of Northern Mariana Islands (CNMI), which the governor believes will harm the locals as well as deprive the local government of about $5 million in revenue.

Senator Bingaman chairs the Senate Committee on Energy and Natural Resources, which has oversight jurisdiction over the islands.

The draft bill of the Northern Mariana Islands Covenant Implementation Act would grant documented foreign workers with at least five years in the CNMI the same immigration privileges as those enjoyed by citizens of the Freely Associated States (Palau, the Marshall Islands, and the Federated States of Micronesia).  These measures would deprive the government of labour and immigration fees.  There are concerns that the Department of Homeland Security's grant of lawful non-immigrant status to "all eligible workers and their spouses and children" would harm the indigenous population, and there are also concerns regarding the discrepancies between the CNMI bill and the national (United States) immigration bill.

Please see also:
"Administration questions draft federalization measure" Marianas Variety (24 May 2007)
"Federal immigraton bill harms indigenous people, govt warns" Pacific Magazine (24 May 2007)
full text of the draft bill as introduced in Congress in March 2001.

Special Coordinator Reaffirms Need for RAMSI Immunity

    The Regional Assistance Mission to the Solomon Islands (RAMSI) is an international assistance force deployed to help the Solomon Islands recover from the devastation that they faced in the wake of its ethnic violence in the late 20th Century.  RAMSI is composed of 2,200 police and military units that are meant to provide security and logistical assistance to the government of the Solomon Island.  As part of the original deployment agreement, RAMSI was given the right to assert legal immunity so long as it acted within the confines of Solomon Islands constitution. 
    This week Special Coordinator Tim George reasserted the importance that this immunity plays in RAMSI's reconstruction efforts.  He stated, "immunities are a normal part of the arrangements for many donor nations operating in the Solomon Islands."  He went on to say that without such immunities RAMSI officials could face a constant threat of litigation which could color their professional judgment. 

    These immunities came under fire in 2003 when RAMSI officials were charged with violating the constitutional rights of a citizen of the Solomon Islands, John Kwakwala Makasi, while questioning  him about the murder of Australian Federal Police Officer Adam Dunning.  Makaski claimed that he was wrongfully detained and was brutalized by police forces.  While RAMSI allowed the case to come before a Solomon court, it never officially waived its immunity defense.

For more information about this story please see:

"RAMSI Coordinator Says Immunities Mean Mission Can Get the Job Done"

http://www.pacificmagazine.net/news/2007/05/23/ramsi-coordinator-says-immunities-mean-mission-can-get-the-job-done

"Australian Police Man in Solomon Islands Denies Threatening a Local Man During Murder Investigation"

http://www.pacificmagazine.net/news/2007/05/23/ramsi-coordinator-says-immunities-mean-mission-can-get-the-job-done

"RAMSI Won't Claim Immunity in Masaki Case"

http://www.rnzi.com/pages/news.php?op=read&id=16239

Fiji: No rush to return to democracy

The interim Finance Minister, Mahendra Chaudhry, made statements while in India suggesting that there would be general elections in June 2010.  These statements have been refuted by Prime Minister Bainimarama, who claims that it would be "idiotic" to return to democracy before the current regime has achieved its goals.

The European Union, which had been consulting with Fiji on the return of parliamentary rule, had insisted on general elections being held in March 2009.  Further, the EU expects the interim regime to adopt a timetable of steps to be taken toward that goal, and that said timetable would be drafted by the end of this month.  The EU has also pushed for measures to be taken to ensure that the elections conform to constitutional requirements, and that the Elections Office be functional by the end of September of this year.

Chaudhry's statements stem from his desire to ensure that there would not be an "unnecessarily quick" return to democracy.

Please see also:
"Bainimarama reacts to Chauhdry's election date"  Fiji Times (23 May 2007)
"Chaudhry's elections comment attracts criticism"  Fiji Times (23 May 2007)

Fiji: Clampdown on blog reporting

Military authorities in Fiji have decided to block access to blogs that are critical of the military or members of the government.  Colonel Driti, an Army commander has characterized these blogs as containing "lies and representing a threat to national security."  The Colonel claims that there is "still an active state of emergency and people must be aware that some freedoms need to be restrained, including freedom of expression."  The military took over Fiji's governmnet in December 2006.

When the military took over in January, Commodore Bainaimarama had promised to maintain freedom of the press.  However, the military did prevent the Fiji Times from publishing the daily paper for a few days because the Times refused to submit its articles to the military for review prior to publication.  There are also reports of opponents of the regime being detained, threatened, and even beaten.

Reporters Without Borders (RSF), an international organization for press freedom, has condemned the recent decision to block access to certain blogs, stating that it is concerned with the misuse of "national security" to further control of the internet.  RSF is concerned about this new policy of filtering the internet in a state where the press is threatened by the government on a regular basis.

Please see also:
"Reporters Without Borders condemns blog crackdown"  Pacific Magazine (22 May 2007)
"Interim government closes websites critical of the army or party leaders"  Reporters sans frontières (21 May 2007)
"RSF condemns Fiji clampdown on bloggers"  Radio New Zealand International (21 May 2007)