Impunity Watch: Oceania

BRIEF: Confusion Surrounds Viability of 2009 Elections

SUVA, Fiji -- At last year's Pacific Island Forum, Fiji's interim Government assured Pacific leaders that democratic elections would return to Fiji by 2009.  Recent statements by the interim government have called into question whether this timetable is still viable.  Specifically, many interim Government officials have stressed the importance of completing the People's Charter in order to resolve the "underlying problems of Fiji" first before commencing with Democratic elections.   

Fanning these concerns are statements like those made by Archbishop Petero Mataca at a meeting of the NCBBF.  Mataca said that delays in enacting the People's Charter could mean delays in elections.  This despite interim Prime Minister Bainimarama's statements at the same conference that elections were still on schedule for March 2009.   

The Australian Foreign Minister expressed the fear of the Australian government saying that they are concerned that the People's Charter is thought to be more important than movements towards democratic elections.  The Australian government reiterated that the travel bans that are currently in effect against Fiji will remain until democratic elections take place. 

In response to Australia's statement, interim Finance Minister Mahendra Chaudhry said that Fiji should be allowed to deal with it's internal matters in its own way.  Reiterating Bainimarama's statements about Fiji's "coup culture", Chaundhry told reporters that Fiji is attempting to address the problems that have lead to Fiji having four coups in the last twenty years.   

For more information, please see:
Fiji Village -- Let Us Resolve it Ourselves says Chaundhry -- 31 March 2008

Fiji Broadcasting Corporation Limited -- Australia skeptical about Fiji -- 31 March 2008

Fiji Times -- State in disarray say leaders -- 30 March 2008

Radio New Zealand International -- Ousted Fiji leader says election timing messages confusing -- 30 March 2008

UPDATE: Political Instability Continues to Plague Nauruan Government

YAREN, Nauru –- With Nauru’s Parliament now evenly split between the Government and Opposition parties, the Speaker of Parliament is calling for new elections to settle the stalemate. Meanwhile, President Marcus Stephen is strongly condemning Speaker, David Adeang’s recent actions as unconstitutional. 

Last Saturday, Mr. Adeang called a Parliamentary session without notifying the Government. At the meeting, Opposition members passed a rule that, if constitutional, will effectively oust two Senior Cabinet Members, giving the Opposition a majority. The Nauruan Supreme Court is now determining the validity of the session. (See post,  26 March ).

Mr. Adeang is defending his actions as “commonsense,” but President Stephen says the Speaker is hindering Nauru’s attempts to build a lasting government free from the corruption and poverty of its past.   

Mr. Adeang has announced he will call Parliament back into session at 4pm tomorrow.   

For more information, please see:

Radio New Zealand International -- Nauru MPs debate ban on dual citizenship politicians -- 28 March 2008

Radio New Zealand International -- Nauru to block dual-citizen MPs -- 27 March 2008

Radio New Zealand International -- New elections are the only commonsense move says the Nauru Opposition -- 27 March 2008

Radio New Zealand International -- Nauru opposition calls for fresh elections -- 27 March 2008

The Slow March Towards Fijian Elections

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

AUCKLAND, New Zealand -- This year's Pacific Island Forum saw the meeting of Foreign Ministers from around the Pacific gathering together to discuss issues that involved them all.  Primary among these topics was the current viability of the March 2009 Fijian election timetable that had been discussed at last year's Pacific Island Forum. 

While Fiji's interim Foreign Affairs Minister, Ratu Epeli Nailatikau, seemed pleased with the outcome of the conference, the mood among the other foreign ministers was less optimistic.  The foreign ministers were concerned about Fiji's "slow progress" towards democratic elections as well as with "[Fijian] human rights abuses, threats to media freedom and judicial independence, and similar actions that were inconsistent with the creation of an environment in which free and fair elections could be held and Fiji’s longer-term issues resolved."  They recall the promise that interim Prime Minister Bainimarama made to seek elections by March of 2009 at last year's Pacific Island Forum, but have, to date, not seen enough follow through.  Concerned over this lack of progress Australia, New Zealand, Papua New Guinea, Samoa, Tonga and Tuvalu have joined together to form the Ministerial Contact Group in an effort to "work more closely with Fiji over plans for an election by next March."

Beyond the formation of an international working group, Winston Peters, the New Zealand Foreign Minister, has proposed a more coercive answer to the problem of Fijian elections.  At a Forum meeting, he reminded the interim government that a number of institutions in Fiji are run by people from other island nations, such as the University of the South Pacific.  Peters wondered aloud whether other Pacific Nations should continue to support such institutions in light of the political turmoil and humanitarian unrest in Fiji, when perhaps relocation would be a more amenable way forward. 

The interim government was less than enthusiastic about the scrutiny paid to them by the international community.  During a speech that he delivered in Fiji's capital of Suva, Bainimarama said that elections "are not always, on their own, a magic or quick-fix solution."  He said that central to Fiji's move forward was the passage of his People's Charter and a healing of the racial divide in Fiji.  He also took the opportunity to attack his international detractors saying, "[i]t has not helped that some detractors have been concocting phony criticisms, lighting up little bushfires here and there, so that we spend more of our time and effort in responding to these." 

Speaking separately, the Interim Finance Minister reiterated the interim PM's stance that before any electoral changes can take place, the People's Charter must be put before the people and ratified.  He also said that other Pacific leaders need to understand that democratic elections will not cure all of Fiji's problems: fundamental changes must take place in Fiji before lasting progress can be made.  Such changes, Chaundhry said, take time.   

Even beyond the interim government, there are elements in Fiji that believe that 2009 elections would be too quick.  The Citizen's Constitution Forum chief executive Reverend Akuila Yabaki said today that he believes that, under the current system, democratic elections will not heal the social ills that plague the island nation.  According to Yabaki, Fiji's current system of race-based communal voting has failed to establish racial cohesion and until that system is changed--Yabaki himself favors a proportional representation model--Fiji's underlying problems will remain.  He expressed hope that the international community would highlight the real issues facing Fiji, namely, election monitoring, power sharing, the People's Charter and violence in Fiji.  Yabaki was also critical of the interim government, expressing his fears that the interim government might try to use the People's Charter as a way of delaying the return to democratic elections. 

In related news, after a prolonged search the interim government has announced that it has found a suitable candidate for the position of Supervisor of Elections.  While the identity of the individual is being kept secret until the confirmation, it has been leaked that the person in question is a New Zealand legal professional who the interim government considers to have extensive work experience in the Pacific.  A spokesman for the interim regime said that the government hopes that the new Supervisor of Elections will assume their post in the next six to eight weeks. 

For more information, please see:
Fiji Broadcasting Corporation Limited -- Understanding of Pacific problems -- 28 March 2008

Fiji Times -- Outcome pleases foreign minister -- 28 March 2008

Solomon Times Online -- Region to Monitor Fiji's Move towards Elections -- 28 March 2008

FijiVillage -- Charter First then Elections- Chaundhry -- 28 March 2008

Fiji Times -- Stand by Fiji process, Yabaki calls on world -- 28 March 2008

Fijivillage -- Pressure on Fiji to Hold Elections -- 27 March 2008

Stuff.co.nz -- Elections no magic solution - Bainimarama -- 27 March 2008

Pacific Magazine -- Regional Ministers Concerned At Fiji's Slow Progress On Elections -- 27 March 2008

Radio New Zealand International -- New Zealand legal professional could be Fiji's next supervisor of elections -- 26 March 2008

BRIEF: Nauru Calls for Judicial Review After Secret Parliamentary Meeting

YAREN, Nauru –- The Nauru Government is calling for the judicial review of Parliament Speaker, David Adeang, who called Parliament into session on Easter Saturday without notifying the Government. President Marcus Stephen and Government members are concerned that Mr. Adeang, a member of the Opposition, may be setting a powerful precedent.

Despite three members being out of the country and Parliament’s electricity being disconnected, MPs met by candlelight to pass a law that would effectively force two of Nauru’s senior Cabinet Ministers out of office. Although the meeting lacked a quorum, the ruling would have disqualified any current member of Parliament with dual citizenship. Consequently, Foreign Minister, Dr. Kieren Keke, and Finance Minister, Frederick Pitcher, both supporters of Mr. Stephen’s government, would no longer be entitled to their government positions. More importantly, their absence would give the Opposition the majority it currently lacks. 

President Stephen has asked for an immediate Supreme Court review of Mr. Adeang’s actions, which Mr. Stephen believes are hurting Nauru’s reputation.

For more information, please see:

Radio New Zealand International –- Nauru government rejects citizenship ruling –- 26 March 2008

ABC: Radio Australia -- Nauru parliament meets in torchlight -- 25 March 2008

Pacific Magazine -– Nauru Turmoil Continues -– 25 March 2008

ABC: Radio Australia –- Nauru leader says new speaker hurting reputation –- 24 March 2008

BRIEF: Fiji Supports Chinese Actions in Tibet

SUVA, Fiji -- Cutting against the grain of the common international sentiment, the Fiji's interim government has thrown its support behind the Chinese government in their recent handling of the riots in the Tibetan city of Lhasa. 

The Permanent secretary to the interim Prime Minster, Parmesh Chand, confirmed that the interim Prime Minister had written to the Chinese government to officially express his support.  According to Chand, the PM Bainimarama praised the Chinese government for abiding by the rule of law and stressed that he understood that the situation in Tibet was an internal matter for China to deal with.  Chand also said that it is not uncommon for world leaders to pass along notes like this. 

Concern has grown, particularly in New Zealand and Australia, regarding Fiji's increased dependence on China.  Since the 2006, Fiji's relations with Australia and New Zealand have been strained and an increasing amount of Fijian aid is coming from China.  New Zealand Green MP Keith Locke has publically expressed his fears of what a fusion of these alliances and his perception of Fiji's lack of respect for democracy could mean for the future.  "It's bad enough that Mr Bainimarama has trampled on democracy in Fiji, without supporting the Beijing's suppression of Tibetan rights," he said.  He also called upont the New Zealand government to condemn the Fijian statement. 

For more information, please see:

News Talk ZB -- Concern at ties between China and Fiji -- 25 March 2008

The Sydney Morning Herald -- China applauded for Tibet crackdown -- 25 March 2008

Scoop -- NZ Govt caught over Bainimarama support for China -- 25 March 2008

Radio New Zealand -- Fiji supports the Chinese government's handling of fatal riots in Lhasa, the capital of Tibet -- 25 March 2008

Radio New Zealand International -- Fiji indicates support for Chinese government's action in addressing deadly riot in Tibet -- 24 March 2008

BRIEF: This Week's Pacific Island Forum Will Discuss Fiji Elections

AUCKLAND New Zealand -- Leaders from more than 15 nations around the Pacific will converge on Auckland this week for the Pacific Island Forum.  New Zealand Foreign Minister Winston Peters told the Fiji Times that among the topics to be discussed at the conference is Fiji's progress towards Democratic elections.  Peters has also said that all Pacific Islanders share the goal of returning Fiji to democratic elections. 

"We will continue to encourage Fiji to build on its preparations for elections, and we all stand ready to assist and encourage this process," he said.

The Fiji's interim Foreign Minister has said that he is willing to attend the meeting with an open mind.  At the meeting Foreign Affairs Minister Ratu Epeli Nailatikau will be asked by the other Foreign Ministers attending the meeting to give a presentation of what has transpired over the last twelve months in Fiji. 

The meeting is set to begin this Wednesday.

For more information, please see:
Fiji Times -- Forum wants Fiji to return to elections next year says NZ -- 24 March 2008

Pacific Magazine -- Meeting on Fiji in Auck this week -- 24 March 2008

News Talk ZB -- Fiji Foreign Minister Has Positive Outlook on Forum Ministers Meeting -- 23 March 2008

Fiji Times -- Fiji on Forum agenda: Minister -- 21 March 2008

Nauru's President Speaks Out Against Opposition

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

YAREN, Nauru –- Amidst recent political instability, Nauru’s President, Marcus Stephen, has declared the newly appointed parliamentary Speaker, David Adeang, “out of control.” Mr. Adeang, a member of the Opposition, working with Nauru’s former President, Rene Harris, attempted to oust Mr. Stephen with a vote of no confidence on Tuesday.

While Mr. Stephen’s supporters still hold a majority of 9 in the 18 member Parliament, Mr. Adeang’s appointment as Speaker is significant because it allows the Opposition to recall Parliament even when Government Ministers are out of the country and unable to vote.

Eager to remove Mr. Stephen’s government, the Opposition is calling for new elections. In accordance, Mr. Adeang has recommended dissolving Parliament and holding a new round of elections. Mr. Stephen has accused the Speaker of “breaking every parliamentary rule in the book.” 

But Mr. Adeang and the Opposition are justifying last week’s vote of no confidence on the “pollution and phosphate dust emissions” resulting from Nauru’s recent revival of its phosphate industry. Last month’s closing of an Australian detention center has placed nearly ten per cent of Nauruans out of work. The government has been pressed to find alternative solutions for creating a sustainable economy. Phosphate exportation is one of those solutions. 

The mining of phosphate, a mineral used in farm fertilizer, has long been a source of political unrest in Nauru. In the last hundred years, the phosphate industry has been both a blessing, transforming Nauru into one of the wealthiest countries in the world, and a curse, more recently bankrupting the island and ravaging its environment. President Rene Harris, whom the Opposition favors, is credited, at least in part, with causing Nauru’s fall from riches.

Meanwhile, President Stephen has retaliated, calling Mr. Adeang’s environmental reasons for the vote of no confidence a “a red herring being used in an attempt to justify their selfish and uncaring actions, which are not only affecting the smooth conduct of parliament; they are also hurting Nauru’s reputation at a time when genuine progress is being achieved.”

Nauruans are caught in the middle; many favoring a return to prosperity, yet, others unwilling to sacrifice their backyards to dust and phosphate emissions. The majority merely want an end to the political instability.   

If Parliament calls for new elections, however, foreign minister, Dr Kieran Keke, is confident the current Government will prevail.

For more information, please see:

PacNews –- Nauru talks ongoing to find political stability –- 24 March 2008

Pacific Magazine –- Nauru President Claims Parliamentary Speaker “Out of Control” -- 22 March 2008

ABC News –- Oppn MP appointed Nauru Speaker –- 20 March 2008

Al Jazeera.net –- Nauru's riches to rags decline -- 17 March 2008

BBC News -- Nauru seeks to regain lost fortunes -- 15 March 2008

Media, Government Relations Strained

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

SUVA, Fiji -- In the weeks following the removal of Fiji Sun publisher Russell Hunter and the meetings called by the interim Attorney General with Fiji newspaper publishers, the signs of tension between the media and the government are becoming more evident.  Two new specific restrictions have brought on criticism from domestic and international observers. 

The first of these is a move from the Interim Finance Minister to instate media licensing.  Fiji academic Brij Lal has decried the move, calling it an attempt to "muzzle the media."  He told the Fiji Broadcasting Corporation, “By muzzling the media you are not going to solve any problem in fact you are going to create more dissatisfaction, more unhappiness in a populace already, already facing difficult circumstances so I think this call to license the media; I just hope that the people of Fiji will resist this because it will be an infringement of their freedom."

The second was a request made to the Fijian media not to contact the interim Prime Minister directly any longer.  The Prime Minister's Office told the Fiji Times that any inquiries for the Prime Minister should be directed through the Department of Information.  The statement also requested that any inquiries to the Bainimarama in regard to his capacity as head of the military should be directed at a military media spokesman.  Parmesh Chand, the interim PM's secretary, said that the request was based upon the interim Prime Ministers extremely busy schedule. 

In light of these and other concerns the Fiji Media Council has requested a meeting with the government in order to find a way forward.  Daryl Tarte, the Council's Chairman, said, "There are concerns on both sides; concerns on the part of the media about government's actions and obviously the government themselves have some concern about the media so we think it would be productive if we could meet and discuss these matters and find some amicable way ahead."

In the last few days the situation between the Fijian media and the government has sparked comment from two international observers.  Stephen Smith, the Australian Foreign Minister, has spoken with concern regarding the interim government's intimidationg of the media.  A trade mission from Taiwan, during observations of Fiji, has said that it is not their place to pass judgement on domestic policy, but has insisted that, "I think the freedom of press is universal value, respected by the United Nations and countries around the globe."

For more information, please see:
Fiji Broadcasting Corporation Limited -- Taiwan monitors Fiji, aware of media problems -- 22 March 2008

Radio New Zealand International -- Fiji Media Council asks to meet government to discuss concerns -- 20 March 2008

Radio New Zealand International -- Australia concerned over treatment of Fiji media -- 20 March 2008

Fiji Broadcasting Corporation Limited -- Restrictions attempt to gag Fiji media -- 20 March 2008

Radio New Zealand International -- Fiji Media has been advised not to call Prime Minister -- 18 March 2008

Papuan Activists Jailed for Political Expression

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia –- The Indonesian government is charging nine Papuan activists with plotting against the state for waving a Papuan Morning Star flag at a peaceful, student protest last week. Indonesia’s recent efforts to round up Papuans involved in political expression has drawn harsh criticism from human rights organizations.

Human Rights Watch, the largest human rights organization, is calling for the nine’s release, and condemning the Indonesian government for suppressing freedom of speech. “Raising a flag at a demonstration is a nonviolent act, but in Indonesia it can land you in prison," said Elaine Pearson, deputy Asia director of Human Rights Watch. 

While several provisions of Indonesia’s criminal code were declared unconstitutional in 2007, others remained intact; specifically, a law prohibiting the display of the Morning Star Flag in Papua, the South Maluku Republic Benang Raja flag in Ambon, and the Crescent Moon flag in Aceh. All three flags are examples of banned separatist symbols. Just last week, two pro-independence demonstrators were sentenced to 15 and 17 years in prison for preparing flags for the South Maluku Republic.

But political instability and public protests have long marked Papua’s history. Once a Dutch colony on New Guinea’s western end, Papua became Indonesia’s largest province in 1969. Violence erupted in 2003 after President Megawati Sukarnoputri separated Papua into three provinces: Central Irian Jaya (Irian Jaya Tengah), Papua (or East Irian Jaya, Irian Jaya Timur), and West Irian Jaya (Irian Jaya Barat). Indonesian courts declared that the creation of the central province was unconstitutional and in opposition to Papua’s Special Autonomy status.

The separation has divided Papuans who accuse the Indonesian military of violating human rights. In addition, many Papuans complain that the money earned from Papua’s natural resources mostly ends up profiting Jakarta. As a result, many Papuans have been campaigning peacefully for independence from Indonesia. 

The nine Papuan activists, including a 16 year old boy, have been in custody since March 13. The West Papua National Authority has reported that Indonesian police have been threatening and harassing relatives of the charged activists. Meanwhile, responding to the military threat, other activist leaders have gone into hiding.

"If Indonesia wants recognition as a rights-respecting nation, it should stop imprisoning people for acts of peaceful expression," Pearson said.

For more information, please see:
Reuters, Asia –- Free Peaceful Protesters in Papua –- 19 March 2008

Radio New Zealand International –- West Papua National Authority fears Indonesian forces are rounding up more Papuans –- 19 March 2008

UNPO, Netherlands -- West Papua: Worrying Signs of Crackdown -- 18 March 2008

Radio New Zealand International –- Australian NGO raises concerns about Papuan protestors arrested in Indonesia –- 17 March 2008

News.com.au –- Nine in court for waving 'Free Papua' flag –- 18 March 2008

The Jakarta Post –- New law to end Papua legal dispute –- 05 March 2008

BRIEF: Lawyer for Interim Government Denies High Court's Jurisdiction

SUVA, Fiji -- Guy Reynolds, the attorney representing Fiji's interim government in the case to determine the legality of the 2006 coup, presented his closing argument in that case today.  In his remarks, he stressed that the High Court had extremely narrow jurisdiction in reviewing the authority of the Fiji executive.  Specifically, Reynolds argued that the High Court had no power to review the issue because it dealt exclusively with executive privilege. 

According to Reynolds, the Court had only two issues to decide in the case.  The first is whether the executive possesses special prerogative  powers.  Second, whether the President intended to use these powers, vested in him, between December 5th 2006 and January 2007.  Reynolds' argument was that exigent civil constitutional circumstances required that former President Ratu Josefa Iloilo exercise his executive powers in order to safeguard the welfare of the people of Fiji.  Specifically, President Iloilo appointed the interim government in light of the absence of former PM Qarase and his government's inability to respond to the needs of the people.

Reynolds concluded his argument by saying that these executive's executive powers can even cover illegal acts.  Given the extraordinary nature of these prerogative powers, Reynolds argued, the High Court did not have the authority to rule on the issue of the coup's legality.

 

For more information, please see:

Radio New Zealand International -- Fiji president acted under reserve powers during coup, says state lawyer -- 18 March 2008

Radio New Zealand International -- Fiji constitution allows for review of Presidential decisions, High Court told -- 18 March 2008

Fiji Village -- Court has no jurisdiction -- 18 March 2008

Fiji Village -- Inaction forced president to act -- 18 March 2008

Fiji Broadcasting Corporation Limited  -- 'Fiji should back President' -- 18 March 2008

Fiji Times -- President used powers because of civil crisis -- 18 March 2008