Impunity Watch: Oceania

Australia Addresses Nauru’s Unemployment Crisis

By Hayley Campbell
Impunity Watch Reporter, Oceania

Photo Courtesy of AFP
CANBERRA, Australia –- Foreign Affairs and Finance Ministers of Nauru and Australia met yesterday to discuss the economic crisis created after Australia closed its detention center on Nauru. The center was built to hold refugees seeking asylum in Australia and employed roughly 10 per cent of Nauru’s population and accounted for nearly 20 per cent of its GDP.

The Australian government introduced the center in 2001 as part of the strongly criticized, “Pacific Solution.” The program was aimed at keeping asylum seekers off Australian turf by detaining 1,637 refugees on nearby Nauru and Manus islands. The policy garnered global attention in 2001 when Aghan refugees were offloaded on Nauru, and in 2004, when several detainees went on a hunger strike and sewed their mouths shut to protest their incarceration.

Between 2001 and 2007, Prime Minister Howard’s government was paying impoverished Nauru and Manus approximately $260 million for detaining Australian refugees. Currently, unemployment in Nauru is around 30 per cent but higher among young people. Despite promised aid from Australia, the center’s closing has created an “unemployment crisis,” said Dr. Kieren Keke, Foreign Affairs and Finance Minister to Nauru. “We are looking at ways we can try and provide some welfare assistance but our capacity to do that is very limited,” he added.

Yesterday’s meeting served two purposes: examining the impact of the center’s closing, and strengthening the economic partnership between Dr. Keke, and Stephen Smith, Foreign Affairs and Finance Minister to Australia. Mr. Smith reaffirmed the fact that Australia understood, before closing the center, that Nauru’s economy would be adversely effected. But both officials were hopeful that a continuing dialogue between their countries will help put Nauru back on its feet.

Among the proposals for creating a sustainable economy were: training Nauruan workers in Australia, developing a vessel maintenance and service center on the island, revitalizing the mining and phosphate industry, and generally encouraging foreign investment.

While the meeting was largely preliminary, both officials left feeling hopeful that the answer to Nauru’s desperate situation will be found.   

For more information, please see:
Radio New Zealand International –- Canberra talks focus on how to achieve sustainable economic development on Nauru –- 29 February 2008

Pacific Magazine –- Nauru, Australia Hold Talks On Future Relations –- 28 February 2008

Radio New Zealand International –- Nauru eyes becoming a fishing trawler service centre –- 29 February 2008

The Age: Australia -- Nauru 'hit' by detention centre closure –- 7 February 2008

AFP: Google News -- Australia ends controversial immigration policy -- 7 February 2008

Fiji Sun Publisher 'Removed' from Fiji

Photo Courtesy of Pacific Magazine

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji -- Russell Hunter, an Australian citizen and publisher of the Fiji Sun, was declared a prohibited immigrant on Monday and forced to leave his Suva home by seven interim government immigration officials.  Hunter was taken into custody on Monday and held until 9 A.M. the next morning when he was put on a plane outbound from Fiji.  Upon discovering that Hunter was being expelled, the High Court issued an injunction, but the order was issued only an hour before Hunter's flight was scheduled to take off and did not arrive at Nadi Airport in time to stop Hunter's flight. 

On Tuesday, Hunter's wife, Martha Waladin, and their 13-year-old daughter were informed that since Hunter was no longer in the country, their visas were void and that deportation procedures had started for them as well.  They have been given two weeks to leave Fiji. 

The prime minister's media unit has defended the interim government's actions saying that it came as a result of a long and thorough investigation.  While no formal reason has been issued for why the Australian publisher was made to leave the island nation, the interim government insists that it has nothing to do with the Fiji Sun's recent story about allegations of interim Finance Minister Chaundry engaging in tax evasion. 

Defence Minister Ratu Epeli Ganilau explained further.  He said that technically, Hunter had not been deported, but rather had been "removed".  According to the Defence Minister, deportation is a process that requires at least a week, but that the need for deportation was superseded by the Immigration act of 2003, which allows for a "removal" to take place immediately.  The Defence Minister can execute a removal may when a foreigner has conducted himself in a manner that is prejudicial to the peace, defence, public safety, public order, public morality, public health, security or good governance of Fiji. 

All that the Defence Minister will say about specifically why Hunter was removed is that he has been declared a prohibited immigrant and a security risk.  He went on to say that that Hunter's ability as a foreigner to stay in Fiji was a privilege and not a right.

The move has sparked criticism from many corners.  Former Fiji opposition leader Mick Beddoes has withdrawn himself from the National Council for Building a Better Fiji over the affair saying, that Hunter's removal was an effort by the interim government to silence debate of the allegations that the interim finance minister had engaged in tax evasion. 

Other prominent organizations, including, Journalists Without Borders, the International Bar Association, the Fiji Media Council and the Fiji Media Council have all made calls for Hunter's deportation to be revoked.  Daryl Tarte, the Chairman of the Fiji Media Council, in particular, has  expressed his dismay  over the government's action.  He has said that Hunter was denied his rights to due process and should be given his day in court.   "The court has given an order staying the deportation and I would say he has a fundamental right to come back here and defend himself. And that is what we have called on Government to do, to allow him to come back and defend his personal and professional reputation."

International government observers have also made their condemnation known.  Senior American State Department official Glyn Davies, who is  on a Pacific Tour for the US Department of State, has said, "This is pretty dramatic stuff...You know, there is a knock on the door in the middle of the night, half a dozen or more people show up, the man is taken away and put on a plane and spirited out of the country. His family does not know what is going on, that is frightening stuff."  She also expressed her hope that this action by the interim government is not a signal that the days of direct intimidation of the press are returning.  The governments of New Zealand and Australia have also expressed their condemnation of Hunter's removal. 

This move by the interim government comes only a week after an International Bar Association Delegation was detained and forced to leave Fiji after the interim government declared the IBA to be unwelcome in Fiji at this time.  The delegation had been scheduled to come to Fiji to hold talks with government officials and average citizens about the transparency and independence of the Fiji judiciary.

For more information, please see:
Fiji Times -- Ratu Epeli clarifies Hunter removal -- 28 February 2008

The Australian -- Journalists join lawyers in opposing Bainimarama -- 29 February 2008

Radio Australia -- Visiting US official condemns Fiji expulsion -- 28 February 2008

Radio New Zealand International -- Fiji's interim government declares Fiji Sun publisher a 'prohibited immigrant' -- 26 February 2008

Radio New Zealand International -- Deported publisher's wife and daughter told to leave Fiji -- 26 February 2008

Radio New Zealand International -- Reporters Without Borders condemns deportation of Fiji Sun publisher -- 26 February 2008

Radio New Zealand International -- Fiji Media Council shocked at Hunter expulsion -- 27 February 2008

Radio New Zealand International -- Fiji Sun publisher deported despite High Court order to stop his expulsion -- 26 February 2008 

Radio New Zealand International -- Beddoes quits new Fiji council in protest at publisher's expulsion -- 27 February 2008

Radio New Zealand International -- Fiji regime declines detailing Hunter expulsion reasons -- 27 February 2008

UN Extends Peacekeeping Mission in East Timor After Recent Violence

By Hayley Campbell
Impunity Watch Reporter, Oceania

DILI, East Timor -- The United Nations extended its peacekeeping mission in East Timor, UNMIT, to February 26, 2009. Resolution 1802 was adopted in response to the assassination attempts on the president and prime minister earlier this month.

The resolution, unanimously passed by the 15-nation council, strongly condemned the recent attacks and called for improvements in East Timor’s security sector and judiciary. "The political, security, social, and humanitarian situation in Timor-Leste (East Timor) remains fragile," the security council stated. UN members called for the Timorese government to respond justly to the recent attacks, and engage in a political dialogue that promotes peace and democracy.

Once a Portuguese colony, East Timor was taken over by Indonesia in 1975 and forcibly occupied for 24 years. In 1999, the Timorese revolted, and the UN stepped in to supervise the young country’s path to independence. Since 2002, when East Timor gained full independence, the UN has been scaling back its military and police presence. But recent violence has reignited concern from East Timor's neighbors and UN members.

Many countries have responded enthusiastically to the resolution. Australia has bolstered its army personnel in East Timor by more than a 1000. New Zealand Defense Minister Phil Goff, announced he will extend his deployment of two Iroquois helicopters and 32 personnel for six more months.

In all, Resolution 1802 will expand UN police presence in East Timor by as much as 1,608. But while UN members seek to stabilize the current situation, their greater goal is to guide the Timorese government into democratic self-sufficiency.    

For more information, please see:
Associated Press -- UN Condemns Attacks on E. Timor Leaders -- 26 February, 2008.

Reuters AlertNet: Asia -- UN council extends Timor peacekeeping mandate -- 25 February, 2008.

NEWS.com.au -- UN mission in East Timor extended until 2009 -- 26 February, 2008.

Bloomberg.com -- UN Tells East Timor Rebels to End Fight as Fugitive Surrenders -- 26 February, 2008.

The Dominion Post -- Kiwi troops to stay in Timor --  26 February, 2008.

The Age, Australia -- UN extends Timor peacekeeping mandate --  26 February, 2008.

BRIEF: Qarase Faces Corruption Charges

Photo Courtesy of Fiji Times

SUVA, Fiji -- Former Fijian Prime Minister, Laisenia Qarase, appeared before Magistrate Aruna Prasad last night to face charges of corruption leveled against him by the Fiji Independent Commission Against Corruption (FICAC).  FICAC has charged the former PM with three counts of abuse of office and one count of failing to declare his interest when his family company bought shares into Fijians Holdings Ltd.  Qarase plead not guilty to all four charges.   

The first charge alleges that Qarase is in violation of section 109 of the penal code by improperly bought 200,000 Class-A shares for his family from the FHL when he was the Director of the FHL from 1992-1995.  The second charge alleges that Qarase is in violation of section 111 of the penal code when in 1992 he did not declare his interest when he applied for FHL shares for three companies: FHL, FAB, and the GCC.  Count three alleges the same, but with reference to incidents from November 1991 to June 1992.  Count four alleges also alleges the improper allocation of FHL shares to companies which Qarase had an interest. 

Bail was set at 1,327 US dollars, but FICAC attorneys did not request a restriction of Qarase's movement because they were aware that the former PM's wife is very ill.  Qarase and FICAC attorney Sofia Shah were both admonished by the court not to speak to the media or to interfere with witnesses for the remainder of the proceedings.  The matter has been adjourned until 28 March.

For more information, please see:
Radio New Zealand International -- Fiji’s ousted Prime Minister pleads not guilty to abuse of office during night court session -- 25 February 2008

FijiVillage.com -- Qarase pleads Not Guilty -- 25 February 2008

Fiji Times -- Qarase in court -- 25 February 2008

Fiji Broadcasting Corporation Limited -- Qarase denies corruption charges -- 25 February 2008

BRIEF: East Timor’s State of Emergency Extended: 1000 Soldiers and Police Deployed

DILI, East Timor - On Friday, East Timor’s Parliament extended the current state of emergency curfew by 30 days. The curfew, which was issued following assassination attempts on the president and prime minister, was set to expire on Saturday.

On February 11th, President Jose Ramos-Horta was shot and seriously wounded at his home by rebel soldiers. That same morning, Prime Minister Xanana Gusmao escaped unharmed when rebels opened fire on his motorcade. The president is now recovering in an Australian hospital.

The attacks were sparked by an ongoing dispute between the government and several hundreds of ex-soldiers who were fired in 2006, after going on strike to protest alleged discrimination.

Today, Parliament sent over a 1000 soldiers and police officers to pursue the suspected rebels, who remain largely unidentified and hidden in the hills outside Dili. The state of emergency, which bans rallies and imposes a nighttime curfew, was extended as a precautionary measure.

During a news conference, military chief Taur Matan Ruak promised to “restore peace and stability." Arrest warrants have been issued for 17 people suspected of aiding the attempted assassinations. 

For more information, please see:

Associated Press - East Timor extends emergency rule - 22 February, 2008

The Jakarta Post - East Timor extends emergency rule after attacks on leaders - 22 February, 2008

Reuters AlertNet: Asia - East Timor sends more forces to hunt rebels - 22 February, 2008

Criticism of IBA Ban Increases

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji -- The Fijian interim government's decision to ban the visit of several members of the International Bar Association has continued to draw criticism.

The Fiji Law Society has been particularly vocal in their criticism of the interim government's action.  Isireli Fa, the society's president, has said that the AG's rationale for why the IBA should not be allowed (that the IBA could prejudice cases currently before Fijian courts) is baseless.  Fa went onto say that not only would the IBA's visit not have prejudiced current cases, the timing would have been ideal, "one of the tribunals the Attorney General seems concerned about, it seems to be related to the inquiry that the interim government had put in place against the Chief Justice. Now that inquiry was adjourned last week."  Fa also expressed his fear that the interim government's refusal to allow entry to the IBA would hurt Fiji's international credibility.

The Law Society has called upon the Australian Government and the Australian Bar Association to help it overturn the IBA ban.  The president of the Australian Bar Association, Tom Bathurst QC, has responded to this call by formally  condemning the move.  Stephen Smith, the Australian Foreign Minister, issued the following statement, "Australia continues to urge the regime to return Fiji to democracy and the rule of law."

New Zealand Prime Minister, Helen Clark, has also condemned the ban.  She has said that the reason why the interim government placed the stop arrival order on the IBA was because of the interim government's poor track record on human rights.  Clark thought that more could be read into the refusal of entry, "“The International Bar Association would very much stand for upholding the rule of law and constitutions and peoples’ individual rights and liberties, so I think we can read quite a lot into the refusal to have them visit Fiji."

The interim AG, Aiyaz Sayed-Khaiyum, has stated that no official ban exists against the IBA and has Sayed-Khaiyum has reiterated the point that the IBA is welcome to speak with Fiji officials at a a later time.

The IBA team was supposed to be in Fiji from 18 February until 22 February to conduct talks regarding the transparency and independence of the Fijian judiciary.  Mark Ellis, Chief Executive of the IBA, has said that the IBA would consider returning to Fiji at a future date if they were allowed to enter.   

For more information, please see:
Radio New Zealand International -- Fiji law society says ban on International Bar Association makes no sense -- 18 February 2008

Radio New Zealand International -- Fiji law society confused over IBA ban -- 18 February 2008

Radio New Zealand International -- Fiji's IBA ban shows Government worried about human rights record - NZ Prime Minister -- 18 February 2008

Radio New Zealand International -- Fiji's interim Attorney General denies reports that IBA has been banned from visiting Fiji -- 18 February 2008

Radio New Zealand International -- IBA may visit if ban lifted -- 20 February 2008

Fiji Times -- Australia condemns ban -- 20 February 2008

BRIEF: Australian Woman Arrested for Alleged Involvement in Ramos-Horta Shooting

DILI, East Timor - Angelita Pires, who holds both Australian and East Timorese citizenship, was arrested and released on bail following a preliminary hearing.  Prosecutors and police believe she was involved in the planning of the attack on President José Ramos-Horta and Prime Minister Xanana Gusmão.  Pires is a known confidante of deceased rebel leader Alfredo Reinado, but was not among the initial 17 suspects for whom arrest warrants were issued last week.

East Timor Prosecutor-General Longuinhos Monteiro said on Monday that Pires faces a maximum sentence of 25 years imprisonment for charges of conspiracy to murder and crimes against the state.

Pires maintains that she is innocent and had no knowledge of the planned attacks against Ramos-Horta and Gusmão.  She also raised the point in an interview with The Age that while she was open about her friendship with Reinado, she is also a long-time friend of Gusmão.  Pires often acted as a go-between for the government and Reinado's group during negotiations.

Meanwhile, Australian SAS teams are searching the countryside for about 20 heavily armed rebels, led by former army officer Gastao Salsinha, who have vowed that they will not surrender.  East Timor is merging its own police and military to assist in their apprehension.

 

For more information, please see:

The Australian - Australian charged over E Timor plot - 19 February 2008

Radio Australia - ETimor-Australian woman questioned over attacks - 19 February 2008

Australian Broadcasting Corporation - E Timor-Aust woman arrested over Reinado links - 19 February 2008

Melbourne Herald Sun - Aussie woman on Timor attack charges bailed - 19 February 2008

Sydney Morning Herald - Mother waits for news over Timor attack - 19 February 2008

The Age - I'm innocent, pleads Timor suspect - 20 February 2008

UPDATE: East Timor Recovering From Rebel Attacks

DILI, East Timor - The island nation of East Timor is recovering quickly after attacks on President José Ramos-Horta and Prime Minister Xanana Gusmão.  Gusmão returned to work within two hours of being shot at in his home and is responding to the events with calm.  The populace has mirrored this calm manner of handling the situation, though there is currently a state of emergency.

Australia, however, has criticized East Timor's policy of negotiating with the rebels.  Australian Foreign Affairs Minister Stephen Smith told East Timorese Foreign Minister Zacharias Da Costa that East Timor may wish to reconsider their policy in light of the attacks on government leaders.  International Stabilisation Force (ISF) troops and United Nations police had been told to stop attempting to apprehend rebel leader Alfredo Reinado because the government wanted to negotiate a settlement with him.

Australia has also been criticized for its reaction to the crisis situation: it appears that Australian troops failed to send a helicopter when Gusmão radioed for help.  ISF logs show that there was an Australian helicopter near Gusmão's location, but that the terrain was unsuitable for it to land.  Joaquim Fonseca, one of Gusmão's advisors, says that he called the ISF hotline and requested helicopter transport for Gusmão and his family, but was told that the ISF was unaware of any attack on Gusmão.

Portuguese police arrived at Gusmão's home about 90 minutes after the attack to escort his family to safety.

East Timorese army chief Taur Matan Ruak was also critical of the Australian and other foreign security forces for their failure to prevent the attack.  Ruak has called for an independent investigation of those forces.  Meanwhile, ISF troops are searching for the rebel leadership.

For more information, please see:

The Age - Timor should reflect on negotiation policy - 17 February 2008

Agence France-Presse - Australia questions Timor's policy of rebel talks - 17 February 2008

International Herald Tribune - East Timor government recovers quickly after attacks on officials - 17 February 2008

New Zealand Herald - Australia 'didn't help' East Timor PM - 18 February 2008

Sydney Morning Herald - Calls for a rescue helicopter ignored - 18 February 2008

Sydney Morning Herald - Reinado begged in letter for UN help - 18 February 2008

Melbourne Herald Sun - East TImor President Jose Ramos-Horta faces more surgery - 18 February 2008

The Manila Times (Xinhua) - Peace gains momentum in E. Timor - 18 February 2008

Sky News - No help arrived - 18 February 2008

Radio New Zealand - NZ troops on lookout for Timor rebel leader - 18 February 2008

Associated Press - East Timor Struggling Through Infancy - 18 February 2008

Interim Government Bans Members of IBA

By Ryan Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji -- Felicia Johnston, a senior member of the International Bar Association who was traveling to Fiji to engage in talks regarding the transparency of the Fijian Judiciary, was briefly detained at Nadi International Airport on Saturday after the interim government placed a stop arrival order on the IBA's delegation.  The ban is effective from 18 February to 22 February and applies to all five members of the IBA delegation.  The interim government had announced last week that they would not meet with the IBA delegation, because the timing of the visit was not apt, saying that the partisan nature of the IBA could have an adverse influence on cases currently before Fijian courts.  The delegation had planned to come to Fiji notwithstanding the interim government's position in order meet with various Fijian organizations. 

Mike Ellis, the Executive Director of the IBA, in response to the ban issued the following statement: "We are disappointed that the Fiji government has taken such a draconian stance. The decision deprives Fijians of the opportunity to have an open discussion and objective feedback on issues that are clearly of concern for both the country and the international community."  The President of the IBA, Fernando Pombo, called upon the interim government to lift the ban so that the IBA could conduct open talks to assess the state of legal freedom and transparency in the Fiji.  A spokesman from the IBA also insisted that the IBA had been monitoring the situation in Fiji independently of any of its membership who happened to live in Fiji and that their purpose was entirely apolitical. 

Many groups have expressed criticism of the interim government's action.  Malaysian Bar President, Ambiga Sreenevasan, said that the IBA should be allowed to enter Fiji because their purpose was only to conduct an independent assessment of the state of the Fijian judiciary.  He said also that, "I am confident that the IBA will be very professional and neutral in its observations as they are highly experienced in undertaking missions of this sort."  The Citizens Constitution Forum, a Fijian human rights organization, warned that the ban of the IBA mission could lead to further alienation of the interim government from the rest of the international community. 

The interim Attorney-General, Aiyaz Sayed-Khaiyum, defended his government's decision, saying that entry into Fiji was a privilege, not a right.  He also reiterated the interim government's previous position that the IBA is welcome in Fiji, just not now. 

For more information, please see:
Radio New Zealand International -- Fiji's interim government bans members of International Bar Association -- 17 February 2008

Radio New Zealand International -- The International Bar Association says it is dismayed by interim Fiji government's ban -- 17 February 2008

Fiji Times -- Fiji misses opportunity: Malaysian lawyer -- 18 February 2008

FijiVillage.com -- Interim Govt called on to reverse decision -- 18 February 2008

Fiji Times -- Lift ban: IBA boss asks -- 18 February 2008

Fiji Village.com -- Barring members could lead to alienation -- 18 February 2008

Fiji Times -- Entry is privilege -- 18 February 2008

Palau Considers Censure of Senator for Harassing Tourists

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

MELEKEOK, Palau - Palau Senate President Surangel Whipps has asked his colleagues to study the allegations against Senator Alfonso Diaz to determine whether the censure and discipline requested by members of the public would be appropriate.

Diaz, who is the chairman of the Senate Committee on Tourism, is accused of berating a trio of American tourists in a restaurant at the beginning of the month.  The tourists, who have visited Palau seven times in the past four years, asked their Filipino tour guide about an article in the paper on the president's consideration of a ban on commercial fishing.  The tour guide responded that he did not really know anything about it.

Diaz later approached the group's table and said, "You don't listen to Filipinos, they have no vote, they are nothing," continuing on to declare that he was tired of Filipino workers giving false information to tourists.  One of the tourists recounted the situation, saying, "we were flabbergasted at first to have a total stranger suddenly intrude upon our private conversation and begin to harass all of us.  [...]  Then we felt outrage when he finally told us -- after three requests -- that he was a Senator and the Chairman of the Tourism Committee, calling my sister and I liars and his appalling attack on a professional hard working Filipino dive master we have known for years."

Sam Scott, owner of the tour group, asked Whipps to take action against Diaz for his behaviour and to censure him for "conduct unbecoming a Senator".  Scott wrote that Diaz "makes it plainly clear that he neither emotionally nor intellectually equipped to be in the presence of tourists, let alone be chairman of a Senate Committee on Tourism Development.  Any continued chairmanship by Senator Diaz of the ... committee ... is nothing short of laughable in the face of his behaviour and endangers the very integrity of that institution."

Diaz wrote a return letter to Scott, in which he stated, "if you are not happy here, go home to where you came from and leave us alone.  I am so sick and tired of some of you foreigners, especially you, for coming to Palau to take advantage of our beautiful country, ruining our environment, and telling us what is best for us.  GO HOME! [sic]"

Whipps wants a thorough investigation to determine the facts, instead of having the Senate act on either Scott or Diaz's own stories of the event.

For more information, please see:

Pacific Magazine - Palau Senator, Business Operator Engaged In Bitter Dispute - 07 February 2008

Marianas Variety - Palau dive company wants Senate to censure senator - 12 February 2008

Pacific Magazine - Senate Takes No Position On Diaz Vs Tourist Feud - Yet - 12 February 2008

Pacific Magazine - Senate President Wants To 'Study' Calls For Censure - 15 February 2008