Impunity Watch: Oceania

According to Government Report, Physicians in American Samoa are "Left Making Guesses About Patient Diagnoses"

By Sarah E. Treptow

Impunity Watch Reporter, Oceania

PAGO PAGO, American Samoa - The U.S. Interior Department Office of Inspector General (OIG) released a report stating that physicians at the Lyndon Baines Johnson Medical Center (LBJ) in American Samoa are "left making guesses about patient diagnoses" due to a lack of medical specialists and critical equipment.  According to the report, one of the most serious problems the hospital has is recruiting and retaining physicians and overworking the ones it does have.  LBJ is the only hospital in American Samoa, which is home to 65,000 residents.

The report contains personal observations of the OIG and interviews of the staff members of the hospital, combining to provide an idea of the difficulties.

Togiola Tulafono, American Samoa's Governor, claims the federal government should take part of the blame for the deteriorating standard of health care on the island.  The governor said the reason the hospital cannot hire specialists and buy critical equipment is a lack of funds.  Mr. Tulafono reported the hospital can only afford to pay specialists a third of the salary they would earn in Hawaii or the mainland.

The governor said the report was issued to coincide with the Health Summit sponsored by the government taking place this week in Honolulu.  The report and finding solutions to specific issues it has pointed out will be topics of discussion at the Summit. 

The governor left Sunday and will return Thursday. He has promised to brief the community when he returns.

For more information, please see:

Pacific Magazine - Togiola Welcomes Critical U.S. Report on Territory's Medical Care - 30 September 2008

Radio New Zealand International - American Samoa Governor blames US government for problems at medical centre - 29 September 2008

Pacific Islands Report - Scarcity of Doctors Hampers Pago Hospital - 29 September 2008

LBJ American Samoa Medical Center Authority

Fiji Interim PM Indefinitely Delays Democratic Elections

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji - Despite harsh criticism from the Pacific community, Fiji’s interim prime minister has told the United Nations that democratic elections will not be held next March as originally promised. 

Commodore Frank Bainimarama, the interim prime minister, addressed the UN General Assembly in New York, saying that for democratic elections to occur, he must first rebuild his country. According to Bainimarama, a democratic election system cannot coexist with the “evils of self-interest, incompetence, intolerance, and greed.”

In addition, Bainimarama claims that his duty to rebuild his country may necessarily take precedent over adhering to Fiji’s constitutional laws: 

“To-date, my Government, which remains in effective control of governance in Fiji, has done all within its power to adhere to the current Constitution. We recognize that this is the supreme law of our nation. At the same time, we have come to also recognize that the very foundation, on which we have been seeking to build our nation, has been shaky and weak.”

In his address, the prime minister also criticized Australia and New Zealand for imposing travel sanctions on Fiji following Bainimarama’s bloodless coup of the Federal government in 2006. Bainimarama explained that the sanctions hurt Fiji’s progress toward building a more democratic election process.

Last month, the Pacific Forum, a peacekeeping group of Pacific Nations, threatened to suspend Fiji from the union if the country did not follow through with its democratic elections in March 2009.

Last week, Bainimarama wrote the Pacific Forum asking for reinstatement. The Forum has yet to reply.

For more information, please see:
Fiji Times - Deeper into the quagmire - 29 September 2008

Radio New Zealand International - Fiji interim PM says he has done his best to adhere to constitution - 28 September 2008

ABC, Radio Australia - Fiji urges UN to help remove coup culture - 28 September 2008

UN News Centre - Fijian leader tells UN that planned parliamentary elections must be delayed - 27 September 2008

Top Economist Accuses Fiji's Finance Ministry of "Twiddling its Thumbs"

By Sarah E. Treptow

Impunity Watch Reporter, Oceania

SUVA, Fiji - By August, Fiji's Ministry of Finance had only spent $15 million of the $162 million allocated for the entirety of 2008. A leading economist, Dr. Biman Prasad, the head of economics at the University of the South Pacific, criticizes the spending, "This is criminal negligence or downright incompetence. While our people are crying out for good roads, reliable water supply and better medical services, the Finance Ministry was sitting around twiddling its thumb." The comments from Prasad were given at the Fiji Islands Council of Trade Unions third delegate's conference at the Suva Civic Centre.

Prasad hopes that with the exit of the interim Finance Minister, Mahendra Chaudhry, the 2009 national budget will include expenditure policies which will help stimulate the economy. He added, "such inertia in such a key ministry is shocking."

Prasad says further, "Besides improving infrastructure, so much employment could have been created had the money been put to good use. The buck for this pathetic state of affairs stops with the interim Finance Minister."

Also present at the conference was ousted Prime Minister Laisenia Qarase. Dr. Prasad highlighted the faults of Qarase's government and said his party's squandering of resources and reckless spending gave impetus for the coup that Prasad claims damaged the economy in 2006.

Interim Finance Minister Chaudhry has yet to respond to the accusations.

For more information, please see:

Fijilive - Economist slams Chaudhry's policies - 27 September 2008

Pacific Magazine - Fiji Government's Lack of Spending Criticized - 28 September 2008

The Fiji Times Online - Chaudhry exit 'good for budget' - 28 September 2008

Amnesty International Calls for Investigation of Ill-Treated Indonesian Prisoner

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

PAPUA, Indonesia - Amnesty International is calling on the Indonesian government to investigate the mistreatment of Ferdinand Pakage, a prisoner in Abepura Prison, after he was beaten by prison officers. 

Pakage, who is currently serving a 15 year sentence after a dubious 2006 trial, was beaten by prison officers on 22 September.  The beating was witnessed by other prisoners and resulted in serious injury to Pakage's hands, legs and left eye.  As of this writing there are no reports of Pakage's current medical condition.  Prison officials began to beat Pakage after he was removed from solitary confinement. 

In their report calling for the investigation, Amnesty International has reminded the Indonesia government that they are signatories to the United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment and that they are required to take effective measures to prevent torture and perform impartial investigations after torture is committed. 

Amnesty International has also said that this beating, and others like it, have been allowed to continue because the Criminal Code has not been reformed.  They have said that the code must be reformed to provide a legal deterrent against beating and torturing prisoners during their detention. 

For more information, please see:
Amnesty International - Ill-treatment of Papua prisoner must be investigated - 26 September 2008

Radio New Zealand International - Amnesty International calls on Indonesia authorities to act over detained Papuan - 26 September 2008

Fiji Moves to Rejoin Pacific Forum

By Hayley J. Campbell
Impunity Watch Reporter, Oceania
Photo courtesy of Reuters
SUVA, Fiji - After last month’s summit boycott, Fiji’s interim Prime Minister has expressed interest in resuming his country’s participation in the Pacific Forum.

The Pacific Islands Forum was originally founded in 1971 to promote peace, harmony, security and economic prosperity within the Pacific nations. Fiji was one of seven founding members. The group of independent and self-governing states is now sixteen strong.

Bainimarama’s request to re-engage with the Forum is surprising given the interim government’s recent attitude toward the Forum. In June, the interim government suspended discussions with the Forum Joint Working Group on Fiji. Last August, the Pacific Forum issued Fiji an ultimatum that either Bainimarama return his country to democratic rule by March 2009 or face suspension from the Forum. In addition, Bainimarama choose to boycott the Forum’s summit meeting in Niue last month.

In his letter to the Chair of the Pacific Islands Forum, Niue’s Premier Toke Talagi, Bainimarama discussed proposals for Fiji’s return to democracy.

When interviewed, Talagi said the Forum was eager to continue their dialogue with Fiji:

“He wants to re-engage with the groups that have been working with them in the past, and that’s they joint consultative group and the ministerial contact group. And the Forum is pleased that he wants to do that because obviously we want to continue a dialogue to ensure that we can encourage them to hold elections by March as he promised.”

For more information, please see:
Fiji Times - Regime backs down, seeks Forum talks - 25 September 2008

Fiji Live - Fiji PM wins support from Cooks’ speaker - 25 September 2008

Radio New Zealand International - Pacific Forum chair welcomes Fiji moves to re-engage - 24 September 2008

Fiji Village - Revelations of Fiji Re-engaging In Forum - 24 September 2008

Pacific Islands Forum Website

CNMI Officials Say U.S. Proposal Harms Locals’ Rights

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SAIPAN, Commonwealth of Northern Mariana Islands - Local Island officials are speaking out against a U.S. proposal to create a national marine monument in the Northern Mariana Islands. Government officials claim that such a preserve would greatly inhibit locals’ rights to use the islands and their waters for their own economic benefit.

In a letter to President Bush, John B. Joyner, Ph.D., director of the Coastal Resources Management Office, Sylvan O. Igisomar, director of the Division of Fish and Wildlife, Frank M. Rabauliman, director of the Division of Environmental Quality, Ray Mafnas, senior policy advisor to the governor, and local community leaders like Lino M. Olopai, expressed their deep concerns for their people’s own autonomy:

“We remember being disposed of the area waters first by Spain, then Germany, followed by Japan, and now America? We beg your consideration so we, Pacific Island Americans, might avoid the never forgiven property plight of the Native Americans and the property infamy of the Japanese Americans.”

Island officials compare the U.S. designation protecting CNMI waters to recent actions taken by Russia against Georgia and China against Tibet. 

In addition, the group wrote to President Bush, “You have said repeatedly that it is the role of government to protect the rights of the minority, not to abuse them just because the government may have the power to do so.”

On Thursday, the Senate  adopted House Joint Resolution 16-13 which asks President Bush to reject the marine monument proposal.

For more information, please see:
Mariana Variety -  Gov’t urges Bush to reject monument proposal - 22 September 2008

Pacific Magazine - Island Officials Say U.S. Move Would 'Trammel' Local Rights - 22 September 2008

International Pressure for Human Rights Tribunal in East Timor

By Pei Hu

Impunity Watch Reporter, Asia

DILI, East Timor – East Timor President, Jose Ramos Horta, has faced criticism by his own citizens as well as the international community regarding the lenient treatment of Indonesian funded militia members incarcerated in East Timor.  The militia members were accused of committing human rights abuses. Horta and Indonesian leaders met for the joint Truth and Friendship Commission, where both countries attempted to bring the perpetrators of the 1999 violence to justice. Horta told reporters that the Truth and Friendship Commission is enough to bring justice. However, the Indonesian special court acquitted most of the 18 indicted suspects.

Before East Timor achieved its independence from Indonesia in 1999 by referendum, about 1,500 people were brutally murdered, tortured, and raped by pro-Indonesian militia. Nine years ago, the Indonesian government denied its involvement and has often said these acts of violence were sporadic actions of the pro-independence militia. However, BBC reporters have reported that Indonesian government assisted the militia.  The militia was loyal to Indonesia and used violent means to discourage a vote for independence.

Taking into consideration the close ties with its neighbor Indonesia, Horta issued a Presidential pardon to release some militia members involved in the East Timor conflict and decided not to establish a Human Rights Tribunal in East Timor. Horta encourages his citizens to forgive rather than to pursue justice through trials.

Joni Marques, the leader of the pro-Indonesian militia, Tim Alpha, was pardoned in July after being incarcerated 33 years. This move has been widely criticized by Timorese citizens and the international community. "Clearly, it's not a good message with regard to impunity and accountability for serious crimes," said Louis Gentile, the representative of the UN High Commissioner for Human Rights.

In addition, Horta has been criticized by Western members of the UN for not actively pursuing a Human Rights Tribunal. In response, Horta criticized the UN of “hypocrisy” because he does not believe that the Western nations would fund such a tribunal. Horta believes in a pragmatic need for good relations with its neighbor Indonesia.

For more information, please see:

BBC - Indonesia funded 'E Timor abuse' – 10 July 2008

http://news.bbc.co.uk/2/hi/asia-pacific/7499620.stm

BBC - Justice and compassion in East Timor - 4 July 08

http://news.bbc.co.uk/2/hi/asia-pacific/7489265.stm

BBC – Ramos Horta slams UN 'hypocrisy' – 15 September 08

http://news.bbc.co.uk/2/hi/asia-pacific/7615925.st

Papua New Guinea Urged by Human Rights Group to Check Police Abuses

By Sarah E. Treptow 

Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea - Human Rights Watch (HRW), a Washington based group, has called for Papua New Guinea police officers to be held accountable for use of torture and sexual assault.  HRW has written a letter to the government addressing their concerns.

HRW's letter is based on information from its reports in 2004 and 2005 that show "regular police torture, rape, and use excessive force against children; police commonly committing acts of sexual violence, including against female sex workers, and men and boys suspected of homosexual conduct; police harassing persons found carrying condoms, which undermines efforts to prevent the spread of HIV/AIDS; police routinely detaining children with adults in police lock-ups; and police rarely being punished for these acts."  According to HRW, these actions violate Papua New Guinea laws and regulations and also breach international standards, including the International Covenant on Civil and Political Rights (ICCPR).  The most applicable sections of the ICCPR are Articles 7 and 10 which prohibit the use of torture and require that detainees be treated with respect.

HRW spokesperson Zama Coursen-Neff has said it is important to focus on both short and long term measures to address the abuse of powers by police officers.  She has also called on Internal Security Minister Sani Rambi and Police Commissioner Gari Baki to charge any member of the police force who used excessive force while on duty.  Ms. Coursen-Neff thinks actions should be pursued against the officers both administratively and criminally.

HRW has also, however, commended Papua New Guinea in its recent steps towards guaranteeing respect for fundamental human rights with its accession to international conventions, including the above-mentioned ICCPR and the International Covenant on Economic, Social and Cultural Rights (ICESCR).  Ms. Coursen-Neff has said, "The current Police Commissioner is beginning to speak openly about human rights and talk about the need to clean up the police force. And the Ombudsman Commission is actually now involved in some of the more serious cases, however this has simply not translated into an expectation among police that if they beat up children, if they rape girls, if they steal things from street vendors, then they’re going to be prosecuted."

HRW is an independent, nongovernmental organization that started in 1978 and tracks progress in over 70 countries throughout the world.

For more information, please see:

Islands Business - PNG urged to check abuses - 19 September 2008

Radio New Zealand International - Human Rights Watch raises renewed concerns over abuse by PNG police - 19 September 2008

The National - Abal urged to check abuses - 19 September 2008

Human Rights Watch - Letter to the Minister of Foreign Affairs, Trade, and Immigration of Papua New Guinea - 15 September 2008

BRIEF: Solomon Islands Media Argue Freedom of Press

HONIARA, Solomon Islands - The press is lashing back after the Solomon Islands Government reportedly told journalists the manner and extent to which they would be allowed to cover this month’s Constitutional Congress meetings.

Acting through the Constitutional Reform Unit, the Government issued a letter to the press outlining new restrictions and guidelines the media was to follow. Upon receipt of the letter, the Media Association of Solomon Islands met to discuss the possible ramifications of signing the document.

MASI believes that the Government has issued these new restrictions in order to gain control over how actions of the Congress are reported to the public. The media body also condemns these restrictions as a violation of the public’s right to freedom of the press.

John Lamani, MASI’s president, says that the Government’s demands are “unprecedented, outrageous, unacceptable, and naive,” reports Radio New Zealand International.

Mr. Lamani is confident that the press will ignore the Government’s demands. According to Mr. Lamani, signing such a document would give the Government “sweeping powers” over what can and cannot be reported.

MASI has demanded that the Office of the Prime Minister and Cabinet investigate the situation and call on the Constitutional Reform Unit to take back their demands.

For more information, please see:
Solomon Times Online -  MASI Rejects Constitutional Congress Reporting Restrictions - 18 September 2008

Radio New Zealand International - Solomon Islands media angry at Government attempt to control reporting of Constitutional Congress - 17 September 2008

CMAG to Discuss Returning Fiji to Democratic Rule, PM Bainimarama Resists

By Sarah E. Treptow

Impunity Watch Reporter, Oceania

SUVA, Fiji - The Commonwealth Ministerial Group (CMAG) will meet later this month to consider further steps to return Fiji to democratic rule.  In August Fiji was given an ultimatum by the Pacific Forum, consisting of sixteen nations, to return to democratic rule by March of 2009 or risk suspension from the Forum.  The Forum was established in 1971 and no country has ever been suspended.  Fiji has been a key member and it is based in Suva.  Bainimarama has resisted the ultimatum, claiming before returning to democratic election the country needs to adopt his People's Charter which he says will end Fiji's race-based elections.

New Zealand's trade minister, Phil Goff, will represent Helen Clark, New Zealand's Foreign Minister at the CMAG meeting in New York. Mr. Goff reports he will support the Pacific Forum's stance, "I think that we would like to see the Pacific Islands Forum, the Commonwealth and the United Nations working arm in arm to bring whatever pressure and encouragement can be brought on the Fiji interim government to restore to the people of that country, their normal democratic rights."  Mr. Goff will be attending the meeting in place of Ms. Clark because he will already be in the area.  She has stressed the importance of New Zealand's presence at the meeting saying, "It's absolutely critical. We have views on Fiji and they will be central to the meeting."

CMAG is convened by the Secretary-General and is composed of foreign ministers of nine Commonwealth countries.  The group is the "guardian of the Commonwealth's fundamental values and addresses and takes action in response to breaches." 

Returning Fiji to democratic rule remains the only thing on CMAG's agenda for the New York meeting.

For more information, please see:

The Fiji Times - CMAG to discuss Fiji - 16 September 2008

Radio New Zealand International - New Zealand Minister to seek Commonwealth and UN support for Forum's Fiji stance - 15 September 2008

The National Business Review - Goff will represent NZ at meeting on Fiji - 15 September 2008

Stuff - Fiji's Bainimarama defiant: We go alone - 22 August 2008