Impunity Watch: Oceania

BRIEF: Former Resistance Leader Shot in Bougainville

KONO, Bougainville - Bougainville is an autonomous province in Papua New Guinea, and it experienced civil war during its fight for independence from PNG.  Jacob Naisi, deputy commander of the Bougainville Resistance Force (BRF), was shot dead at close range last Sunday afternoon in his village while walking home from the bakery with his two neices.  It is believed that the shooters are the same group who commandeered a UN vehicle in the area last week.

Naisi, who was instrumental in the peace process, died as he was being rushed to the village.  Donald Hamau, regional chairman for the BRF, said that Naisi's death highlights the need for the Bougainville government to address lingering reconciliation and weapons disposal issues.

Bougainville president Joseph Kabui  said that it was likely that Naisi was killed by Me'ekamui rebels to derail the peace process.  He said, "It is the one spot in Bougainville that is still -- there are tensions so on and so forth, still suspicions, still haunting the area."

For more information, please see:

The National - BRF leader shot dead - 28 November 2007

Radio Australia - Bougainville President pays tribute to dead resistance fighter - 28 November 2007

Radio New Zealand International - Bougainville killing in Kono recalls former tensions - 28 November 2007

Solomons Government Still Unsettled

By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

HONIARA, Solomon Islands - Earlier this month, nine high-level government ministers in the Solomon Islands defected to the opposition, creating an opening for the opposition to call for a no confidence motion against Prime Minister Manasseh Sogavare.  Both sides maintain that they have the numbers to rule, causing a political stand off, and rumours are still flying over alleged defections from both sides.  (For more on the initial events, please see the Impunity Watch report here.)

This week, the Solomon Islands Broadcasting Corporation that four MPs defected from Opposition for the government, but those MPs deny that this is the case.  Gordon Lilo, one of the nine initial defectors, criticised SIBC's report, telling Radio New Zealand International, "Those claims are just frivolous because the bodies are still with us; physically, they're still with us, and it's just unbelievable for people to think that people like Steve Abana could ever move, Edward Huni'ehu could ever move,  Stanley Sofu would move.  They're just trying to create uncertainty, it's only propaganda."  Abana, Huni'ehu, and Sofu were among the four recently reported to have defected to the government.

Opposition leader Fred Fono has accused Sogavare and Attorney General Julian Moti of abusing the court process based on Moti's declared intent to file a case with the High Court yesterday afternoon, seeking a clarification of the constitutional issues surrounding the political turmoil.  A spokesman for the High Court confirmed that the Court received Moti's paperwork, and that while a date has not been set for the hearing, the Court is treating it as an urgent case.

Fono has also called on Sogavare to fill the five open ministerial portfolios for Public Service, Aviation, Peace and Reconciliation, Home Affairs, and Education.  Fono says that if Sogavare truly has the numbers to rule, it would not be a problem to fill those positions.  However, he suspects that Sogavare is leading the nation with "a minority and lying to the whole nation that he still has the numbers," according to the Solomon Star.  The opposition alleges that they have 26 of the 48 MPs, and therefore the majority.

Governor General Sir Nathaniel Waena has set December 13th as the date for parliament to convene.  He rejected both the opposition's request for December 3rd and the government's request for December 31st.  Waena feels that he is now constitutionally obligated to resolve the political impasse by convening parliament, and he believes that Moti's court motion will interfere with his constitutional responsibilities.

Interestingly, the opposition group has not decided who will be Prime Minister if they succeed in ousting Sogavare, telling the Solomon Star that the important thing right now is to remove Sogavare from office.

For more information, please see:

Solomon Star - Waena tells PM to call parliament - 26 November 2007

Solomon Star - We're going to court over date, says PM - 26 November 2007

Solomon Star - PM, Moti accused of abusing courts - 26 November 2007

Solomon Star - Opposition group says removing Sogavare comes first - 26 November 2007

Solomon Star - Opposition refutes report - 27 November 2007

Solomon Star - Fono tells PM to fill up vacant portfolios - 27 November 2007

Solomon Star - Government moves to block parliament sitting - 27 November 2007

Solomon Times - Opposition Members Deny Switching to Govt - 27 November 2007

Radio New Zealand International - More claims and counterclaims of MPs swapping sides as Solomons political crisis continues - 27 November 2007

Radio New Zealand International - Solomon Islands opposition MP grouping insists it has support - 27 November 2007

Islands Business - Government moves to block parliament sitting - 27 November 2007

Islands Business - MPs told to put budget first - 27 November 2007

BRIEF: Rudd Gov't to Close Nauru Detention Facility

YAREN, Nauru - The newly elected Rudd government in Australia has said that Australia's offshore immigration detention centre in Nauru will be closed, though no timeframe has been released.  Rudd says that the reason for this secrecy is due to the contractual relationships between Australia and Nauru.  He further stated that his government would use a new facility on Christmas Island instead, which is within the Australian commonwealth and has an 800-bed capacity.

Human rights activist Susan Metcalfe agrees with the decision to close the facility, but is concerned about the economic impact the closure will have on Nauru.  She told Radio New Zealand International, "I feel quite concerned for Nauru, there is quite a dependency on the camps and to pull them out very quickly will hurt the country, I believe.  I hope that the Labor party will handle that transition very carefully.  They need to have a lot of discussions with the Nauruan government and the aid package that they give, I hope, will be substantial."

Rudd also did not commit Australia to taking the 72 Sri Lankans who were granted refugee status in September but remain in detention in the Nauru facility.  (For background on this story, please see the Impunity Watch reports here and here.)  The coalition government is currently looking for other countries willing to take the refugees, but the refugees themselves have asked that the incoming Rudd government make a resettlement decision quickly.

For more information, please see:

The Age - Rudd has no timeframe for Nauru closure - 21 November 2007

Islands Business - Refugee group expects new Australian govt to close Nauru centre - 26 November 2007

Islands Business - Detainees make appeal to Rudd - 27 November 2007

Radio New Zealand International - Human rights activist says Nauru will need compensation from Canberra when camp closes - 27 November 2007

Brief: Ballu Khan Sues Fiji over Maltreatment

SUVA, Fiji -- Ballu Khan is suing the interim government of Fiji for $26 million for his maltreatment at the hands of police officials.  Khan, who was detained following an alleged assassination attempt against interim Prime Minister Commodore Frank Bainimarama, is still in hospital healing from the fractured skull and cheekbone that he received while in police custody.  The suit, filed by Peter Williams QC, alleges that the Fijian military police are guilty of assault, battery and wrongful imprisonment. 

The suit alleges that Khan did not resist arrest, but that he was still severely beaten and military police officials were indifferent to whether Khan lived or died.  Williams says that this treatment is tantamount to torture.

Solicitor-General Christopher Pryde has called this request for compensation "extraordinary and outrageous".  He has said that the government of Fiji will vigorously defend itself from this lawsuit.  The interim PM has commented that he believes that the New Zealand businessman is faking his injuries. 

For more information, please see:
Radio New Zealand International --  New Zealand businessman injured by Fiji police, seeks millions for maltreatment -- 22 November 2007

Radio New Zealand International -- Ballu Khan suing Fiji interim government alleging assault and battery, and wrongful imprisonment -- 22 November 2007

Radio New Zealand International -- Lawyer says Fiji military's treatment of suspect tantamount to torture -- 22 November 2007

Fiji Times Online -- Ballu sues State for $40m -- 22 November 2007

BRIEF: Nauru Minister Accused in Passport Scandal

YAREN, Nauru - Nauru's Finance and Foreign Minister David Adeang has been accused by a group of MPs of associating with businessmen in Thailand who are selling and distributing Nauruan passports.  The group also alleges that he received gifts, travel funding, and other benefits in conjunction with this venture, which he failed to declare under Nauru's public accountability laws.

Adeang dismissed these claims, saying that the MPs are playing for control of the government and that the accusations are false.  He further stated that the businessmen in question had become Nauruan citizens when former president Rene Harris had been running his own passport scheme.  Adeang dubbed the allegations "spurious" and criticized the group for not building a case to prove the allegations.

The breakaway MPs are moving for a no confidence motion against Nauru president Ludwig Scotty if he does not deal with the issue, and are pressuring him to reconvene parliament to deal with the misconduct allegations against Adeang.

For more information, please see:

Islands Business - President may face no confidence vote over Adeang - 12 November 2007

Radio New Zealand International - Rebel MPs in Nauru claim to be building support for no confidence vote - 22 November 2007

Radio New Zealand International - Nauru's Adeang dismisses claims that Asian colleagues involved in passport sales - 22 November 2007

Islands Business - Rebel MPs claim to be building support for no confidence vote - 22 November 2007

Justice Chides Fiji AG Over Contempt Charges

By Ryan L. Maness
Impunity Watch Reporter, Oceania

SUVA, Fiji -- Justice Coventry, of the Fiji High Court, has dismissed contempt charges brought by interim Attorney General Aiyaz Sayed-Khaiyum against the former vice president of the Fiji Law Society, Tupou Draunidalo.  In addition to dismissing the case, Coventry ordered that the AG pay court costs of $20,000.

The charges were based upon Draunidalo's statement on 14 May; that, "The confidence of lawyers in the judicial system, let alone the public, is shattered." On 15 June, the AG sought leave to apply for an Order of Committal against Draunidalo. After Draunidalo submitted eight affidavits in support of her position, lawyers from the AG's office filed papers to discontinue the proceeding.  The issue was officially dismissed on 14 November.

In his ruling, Coventry noted that, while several prominent legal professionals had spoken in support of Ms. Draunidalo, the only affidavit in support of the Khaiyum's claim was a broadcast transcript of the original statement. Coventry also noted that when the AG was pressed to explain why he had filed for the proceeding, "he could do no more than state that the proceedings had been brought in the public interest and, with virtually no change in the circumstances, were being withdrawn in the public interest."  Coventry finished by saying that the AG had acted "irresponsibly" for bringing this proceeding against a woman who was utilizing her freedom of expression. 

Seeing no clear reason why this charge could have been lodged, the Justice speculated that ulterior motives may have been involved. 

The Solicitor-General, Christopher Pryde, counsel for the Attorney-General, informed the court of his intention to seek an appeal of the ordered costs. 

For more information, please see:
Radio New Zealand International -- Fiji AG castigated by High Court judge in ruling -- 20 November 2007

Fiji Times -- Judge roasts interim A-G -- 21 November 2007

Fiji Times -- Interim A-G ordered to pay $20,000 -- 20 November 2007

Fiji Broadcasting Corporation Limited -- Attorney-General order to pay $20,000 -- 20 November 2007

FijiVilliage.com -- AG's actions irresponsible - judge -- 20 November 2007

BRIEF: Guidelines May Eliminate Ban on Political Reporting in Tonga

NUKU'ALOFA, Tonga - New government guidelines on news reporting may lead to a lifting of the current ban on political reporting, Minister of Information Afu'alo Matoto told Tongan journalists on Friday.  He said that the ban is in place because the government felt that the Tonga Broadcasting Commission (TBC) was presenting unbalanced news and was concerned with the quality of reporting.  Matoto believes that the new guidelines will be helpful for reporters in the long run, though some, like TBC news editor Nanise Fifita, have expressed their doubts.  The guidelines are still being drafted, and their scope has not yet been determined.

Tongan journalists remain concerned, especially about their lack of access to important documents like pending legislation, which is not released to them unless and until it is passed, and to court decisions, where cost per page can be prohibitive.  During his meeting with the journalists, Matoto said that he will try to improve the flow of information from the government to the news media.

Matoto recently criticized a report from Reporters Without Borders, which ranked Tonga as 119th of 169 countries on its World Press Freedom Index, a large slide from last year when Tonga was ranked 54th.

For more information, please see:

Tonga Now - Minister of Information doubts report by Reporters Without Borders - 14 November 2007

Matangi Tonga - Govt drawing news "guideline" for public broadcasting - 19 November 2007

Radio New Zealand International - Tonga to get guidelines to lift ban on political reporting - 20 November 2007

The Reporters Without Borders annual World Press Freedom Index may be found here.

Solomon Islands Government in Turmoil

By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

HONIARA, Solomon Islands - The Solomon Islands government is in turmoil this week, with nine high-level government ministers defecting to the opposition after Prime Minister Manasseh Sogavare shuffled his cabinet.  Deputy Prime Minister Toswell Kaua resigned, along with Dr. Derrick Sikua, Steve Abana, Nollen Leni, Stanley Festus Sofu, Gordon Darcy Lilo, Sam Iduri, Mark Kemakeza, Patrick Vahoe, Peter Tom, Martin Sopage, Martin Magga, and Trevor Olovae.  Lilo and Abana were terminated from their positions for "working against" Sogavare.

The resigning ministers delivered signed letters to Governor General Nathaniel Waena, which were also signed by backbenchers and members of the opposition, calling for Sogavare to resign from his position.  They stated that if he would not resign, they would submit a no confidence motion.  The opposition is confident that they now have the numbers to force the resignation, and consequently, that Sogavare no longer has the numbers to rule.  Waena called Sogavare in, but Sogavare maintains that he has the numbers to rule.

Waena told Parliament that the issue was a political one, and that he cannot intervene unless he is certain that the elected leaders cannot overcome the political impasse.  He told the press, "As Governor General, I don't see it as a Constitutional crisis but a political crisis.  They are two different things.  The numbers form political crisis, therefore they are elected with a mandate from our people to sort out the political chaos."  While Waena will not recall parliament to hold a no-confidence vote, he will reconsider the situation next week if it has not been resolved.

Sogavare, however, has said that only Parliament can remove him from office, and has restated his belief that the government does still have the requisite numbers to remain in power.  Transparency International reports that Sogavare is rapidly losing popular support, and the opposition is steadfast in its intent to overthrow him.  The opposition has said that empty ministerial portfolios prove that the government does not have the numbers to lead.

The opposition coalition has said that if they are successful in their bid to unseat Sogavare, they will turn over current Attorney General Julian Moti to the Australian authorities, who have wanted to indict him on child sex tourism charges since the late 1990s.  Sacked finance minister Gordon Lilo said that Moti is now "the most worried person" in the Solomons, and is doing everything he can to keep Sogavare in power.

Some defections this week have gone the other way, from the opposition to the government, and three of the original resigning ministers returned to the government.  These moves have been followed with allegations that those defectors were bribed back to the government, which Sogavare has vehemently denied.  Former Prime Minister Sir Allan Kemakeza was rumoured to have joined with the government, though he told reporters that he was not going anywhere and that he would not do any deals.

Both sides maintain that they have the numbers to rule.

For more information, please see:

Solomon Times - Sogavare Reshuffles Cabinet Ministers - 09 November 2007

Radio New Zealand International - Solomon Islands government in crisis - 11 November 2007

Radio New Zealand International - Solomons PM says he has no details of complaints by revolting Cabinet ministers - 11 November 2007

Radio New Zealand International - Sogavare administration still intact, says Solomons government caucas chair - 12 November 2007

Radio New Zealand International - Solomons government claims it still has the numbers despite resignations - 12 November 2007

Radio New Zealand International - Solomons Opposition confident of removing PM, following Gov't defections - 12 November 2007

Radio New Zealand International - Solomon Islands Prime Minister his out at his former Finance Minister - 12 November 2007

Solomon Times - New Govt Promises to Repatriate Moti - 12 November 2007

Solomon Times - Solomons Citizens Call for Government Stability - 12 November 2007

Solomon Times - Lilo, Abana Sacked for Working Against PM - 12 November 2007

Solomon Times - Only Parliament Can Vote Me Out: Sogavare - 12 November 2007

Solomon Times - Solomons Govt in Political Crisis - 12 November 2007

Islands Business - PM Sogavare says only parliament can vote him out - 12 November 2007

Islands Business - PM says deputy is 'ring leader' of defecting ministers wanting to oust him - 12 November 2007

Islands Business - GG summons Sogavare, Govt claims administration still in tact - 12 November 2007

Islands Business - Three government backbenchers defect opposition - 13 November 2007

Islands Business - Governor General calls on politicians to solve crisis - 13 November 2007

Islands Business - Transparency says PM losing support - 13 November 2007

Islands Business - We still have the numbers: Opposition - 13 November 2007

Pacific Islands Report (Solomon Star) - Sogavare Defiant After Solomons Resignations - 13 November 2007

Radio New Zealand International - Solomons PM faces defiant opposition - 13 November 2007

Solomon Times - Sir Nathaniel: Current Power Struggle Political Crisis - 13 November 2007

Solomon Times - We Still Have the Majority: Lilo - 13 November 2007

Solomon Times - Governor General Demands Resignation Letters - 13 November 2007

Radio New Zealand International - Solomon Islands Prime Minister says current political upheaval is over - 14 November 2007

Islands Business - Government crisis worries Moti - 15 November 2007

Sydney Morning Herald - Former Solomons PM struggling for power - 15 November 2007

Solomon Times - Sir Allan joins Grand Coalition for Change Government - 15 November 2007

Solomon Times - PM Sogavare: No Bribery Offered to Koli - 15 November 2007

Solomon Times - "The Game is Now Over": PM Sogavare - 15 November 2007

Solomon Times - Unions Call on PM to Step Down - 16 November 2007

Radio New Zealand International - Solomon Islands opposition says empty ministerial portfolios prove PM lacks numbers - 16 November 2007

Please note that the Solomon Star has exceeded its bandwidth and is therefore not online at this time.

For more information on the Moti affair, please see the Impunity Watch reports on Moti's appointment as attorney general for the Solomons, PNG government involvement in Moti's escape, the Vanuatu case status, Australia's extradition attempt and the missing PNG inquiry report, PNG court refusal to suppress the inquiry report, and Moti's fear of assassination attempts.  The inquiry report itself was released to Dade on 28 September, and he found the inquiry to be illegal at the end of October.  The issue is on appeal in the PNG court system, barring public debate at this time.

Threats Against PNG PM Shut Down Protest

 By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

PORT MORESBY, Paupa New Guinea - Assassination threats against Papua New Guinea Prime Minister Sir Michael Somare are being investigated by police and security has been elevated around his residences.  These threats came at a time when various NGO members had planned a protest at parliament to petitioning for Somare to step down over the Moti affair.

[For more on the Moti affair and Somare's involvement, see the Impunity Watch reports on Somare's involvement in Moti's escape to the Solomon Islands, the missing inquiry documents, court refusal to repress the inquiry report, and the defense minister's recent finding that the inquiry was illegal.] 

There have also been threats against senior elected leaders of parliament.  Police Commissioner Gari Baki confirmed the threats and that police are taking action, but he did not comment on where the threats were coming from.  Police have increased street patrols, particularly around bus stops and markets, and police and Defense intelligence are conducting surveillance.  Baki said of the threats, "It's uncalled for, it's unheard of in Papua New Guinea anyway, that we adopt those kinds of principles of terror operations."

The protest planning was stopped after police said that they had linked the assassination threats to the march.  Protest leaders say that heavy rain and their inability to collect the requisite fifty thousand signatures were secondary reasons the march was cancelled.  They reiterated that they only wanted their grievances heard, and that they cancelled out of respect for the parliamentary budget session.

Some who were planning to protest claim that their freedom of expression is being infringed upon.  Opposition leader Sir Mekere Morauta released a statement saying that while the police do have the ability to stop the march under their constitutional responsibility to protect people and property, they should not prevent citizens from expressing themselves.  He also stated that he does not believe in mob rule or street protests.

For more information, please see:

The National - Threats to PM - 15 November 2007

The Australian - 'Plot to kill' PNG leader - 15 November 2007

Radio New Zealand International - Police stop planned protest against PNG PM - 15 November 2007

Islands Business - Police investigate threats of kill plot against PM Somare - 15 November 2007

UPDATE: NZ Suspect Released from Hospital, Taken into Police Custody

by Ryan L. Maness
Impunity Watch Reporter, Oceania

SUVA, Fiji -- (For background on this story, please see Impunity Watch's coverage here ).  Millionaire businessman Ballu Khan was released from the hospital today and was taken into Fiji police to be questioned regarding his alleged involvement in the assassination of Fiji interim Prime Minister Bainimarama.  Khan had been hospitalized for what was ultimately discovered to be a fracture at the base of his skull and a fracture of his left cheek bone.  Some reports also indicate that Khan's rib was broken.  The Fiji police insist that the injuries were sustained when Khan resisted arrest.

Beyond the physical injuries that Khan sustained, there is concern about his psychological health.  A medical report prepared bya surgeon at Suva's Colonial War Memorial Hospital, Dr Ifereimi Waqainabete, and the head of Suva's School of Medical Sciences, Professor Eddie McCaigsaid, "'The psychological effect of his confinement and assault is evident in his inability to sleep and the fact he hasn't eaten for four days."  It went on to say that, "'We are continually reminded of his 'verbal assaults' and 'not been left alone'''.

Khan's lawyer, Tevita Fa, says that his client should be returned to the hospital to receive further treatment for his injuries.  According to Fa, Khan, who was admitted to the Colonial War Memorial Hospital two weeks ago, still looks weak. 

Relatedly, military and police officers have raided Khan's home at Udu Point on Vanua Levu.  Military spokesman Mosese Tikoitoga confirmed that the mission did take place, but that he had not yet received word on what may have been found during the course of the raid. 

For more information, please see:
Radio New Zealand International -- Conspiracy suspect Khan in Fiji police custody after hospital detention -- 14 November 2007

Fiji Times -- Khan suffered skull, cheekbone injuries -- 14 November 2007

Radio New Zealand International -- Lawyer concerned for the health of New Zealander in police custody -- 14 November 2007

Fiji Times -- Army raid Khan's Waisavu home --14 November 2007

New Zealand Herald -- Fijian Kiwi has fractured skull, cheekbone doctor says -- 14 November 2007

Fiji Times -- Khan discharged from hospital -- 14 November 2007