Impunity Watch: Oceania

Peace Building Likely to be Main Task for Tanis, Newly Elected President of Bouganville

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand - James Tanis, a former guerilla fighter, has been elected President of the autonomous Papua New Guinea province of Bougainville.  Former National Government Cabinet Minister, Sam Akoitai, says he is happy with the choice of Mr. Tanis because he was instrumental in the peace process.  He has urged the ABG under Mr. Tanis' leadership to prioritize weapons disposal and the referendum which are both key issues in the Bouganville peace agreement.  Mr. Tanis took up arms against supporters of the Panguna Copper Mine says Bouganvilleans have been isolated from decision making processes over the last few years.  Irreconcilable differences over the mine divided the landowners and local communities before it was closed in 1988 during the provinces 10 year long civil war.

Monica Taga of the Bougainville InterChurch Women's Forum says she is happy with the victory and says there is a need to finish peace building in the formerly war-torn province.  She says there are three pillars within this, "The first pillar being peace building in regards to weapons disposal - that is incomplete.  And also rehabilitation, thinking about, if weapons are disposed, how do you rehabilitate those that own the guns right now.  The ex-combatants and the civilians who are victims at this time and also the reconstruction of the essential services."

Mr. Tanis, the former separatist, beat 13 other contenders for the post made vacant by the death of Joseph Kabui in June this year.  The Post Courier newspaper reports he was nearly two thousand votes ahead of the second highest polling candidate, Mr. Akoitai.  In the first election for President in 2005 Mr. Tanis finished third behind Mr. Kabui and former Governor John Momis.

Meanwhile, Mr. Akoitai says many Bougainvilleans were denied their democratic rights in the poll because their names were not on the common roll.

For more information, please see:

Pacific Islands Report - Tanis Elected President of Bougainville - 29 December 2008

Radio Australia - James Tanis new Bouganville President - 29 December 2008

Radio New Zealand International - Finishing peace building process likely main task for new Bougainville President - 29 December 2008

Fiji Expels NZ High Commissioner

By Hayley J. Campbell
Impunity Watch Reporter, Oceania
Photo courtesy of The New Zealand Herald
SUVA, Fiji - Following threats to expel New Zealand’s acting High Commissioner, Caroline McDonald boarded a flight bound for Auckland this morning.

Ms. McDonald, NZ’s High Commissioner, was accompanied by her husband, Simon Mark, who is also New Zealand's Trade Commissioner. The two left this morning after 11 months of working to establish better foreign relations with Fiji.

McDonald has made clear, however, that she is still a friend to Fiji, "despite the sadness I feel," she said.

This morning, British and American embassy cars provided a special diplomatic escort for the couple. The two boarded a 10:20 am Air New Zealand flight to Auckland. 

Friends and family gathered at Nadi Airport in Fiji to see the couple off. In Auckland, several members of the media and foreign affairs personnel awaited Ms. McDonald and her husband’s arrival. 

Five days ago interim Attorney-General Aiyaz Sayed-Khaiyum announced plans to expel Ms. McDonald to show the interim government’s anger over travel sanctions. Both New Zealand and Australia set travel restrictions affecting Fiji interim officials as punishment for the bloodless military coup of Fiji’s federal government in 2006.

New Zealand’s foreign affairs minister, Murray McCully, says he will meet with Ms. McDonald to discuss Fiji’s political situation in the next few days.

For more information, please see:
Matangi, Tonga - Alarm sounds again for media freedom in Fiji - 22 December 2008

Fiji Times - NZ still a friend of Fiji, says McDonald - 29 December 2008

Fiji Times - Diplomat backs democracy for Fiji - 29 December 2008

Radio New Zealand News - NZ hopes Forum will help to resolve dispute with Fiji - 29 December 2008

Niue MP Wants Human Rights Law

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand- Terry Coe, a Niue MP, says his country will need to put human rights standards in place for all immigrants planning to live on the island nation.  Twelve Indian men were taken to Niue over two years ago after they were promised jobs and possibly land.  After reportedly paying a New Zealand Indian tens of thousands of dollars, the men were never given jobs and had to live in squalid conditions.  The New Zealand government payed for the airfare of nine of the Punjabi men being flown back to India because the Niue government could not afford it. 

The New Zealand High Commissioner to Niue, Bryan Smythe, said New Zealand had no option but to pay the fares, "These nine had been left here in most unfortunate circumstances.  They had been misled when they were brought here and they were not facing good conditions at all in Niue, with an ongoing problem that needed to be resolved and this was the best way of sorting it out."  Niue has been in free association with the government of New Zealand in 1974, with their constitution providing that New Zealand will provide necessary economic and administrative assistance.  The people of Niue are New Zealand citizens.

The Indian men had been denied transit through Auckland, which is the only airport with regular links with Niue. Mr. Smythe said three of the twelve men have remained on Niue.

Mr. Coe said that Niue signed the United Nations human rights convention and some areas need to be addressed, "We don't have any legislation, but it's probably necessary if you sign the UN document then you become part of that document.  And that keeps one standard throughout the world on human rights, which we should abide by."

Toke Talagi, the Niue Premier, has said there will be greater scrutiny of any similar groups coming to the island in the future.

For more information, please see:

Pacific Islands Report - Niue Lawmaker Wants Human Rights Law - 25 December 2008

Radio New Zealand International - Niue MP says country will need to implement human rights standards - 23 December 2008

Pacific Islands Report - Nine Indians Stranded on Niue for Two Years - 19 December 2008

Government of Niue

BRIEF: Fiji Law Society Says Chief Justice Appointment Illegal

SUVA, Fiji - The appointment of the new chief justice, Anthony Gates, has sparked controversy in Fiji.  Gates replaced Daniel Fatiaki who resigned at the beginning of December, almost two years after the military-led interim government suspended him.  Under Fiji's constitution, an elected prime minister chooses the chief justice in consultation with the opposition.  This recommendation then goes to the president.

Dorsami Naidu, the Fiji Law Society's president, says that since that process has not been followed in the appointment of Anthony Gates as Chief Justice, it is unlawful.  Mr. Naidu stated, "Why do they shout from their rooftops that the constitution is in place when they have cannibalized the constitution as it were and any appointment made by this regime is unlawful.  They can make these appointments because they are in effective control of the country, but let's not hide behind the facade."

Mr. Naidu says anyone appointed to the office of Chief Justice must be above question, and that Anthony Gates does not fit that description.

For more information, please see:

Radio New Zealand International - Fiji's interim regime's accused of illegally appointing new Chief Justice - 22 December 2008

Talks to Resolve NZ, Fiji Travel Bans Continue

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji - Government officials met yesterday after Fiji’s interim government threatened to expel New Zealand’s acting High Commissioner on Wednesday.

Fiji’s interim prime minister, Commodore Frank Bainimarama, announced last week that Caroline McDonald, NZ High Commissioner, would be kicked out of Fiji as punishment for travel bans imposed on Fiji.

Both Australia and New Zealand put into travel sanctions into place to demonstrate the countries’ disapproval of Bainimarama’s bloodless military coup of Fiji’s federal government in 2006. Tensions between Fiji and the Pacific community have increased since a Fiji High Court declared the military coup legal in October. Fiji’s ousted prime minister, Laisenia Qarase, has challenged that judgment, calling it a “miscarriage of justice.” An appeal of that decision is scheduled to be heard in March 2009.

Although Fiji threatened to expel Ms. McDonald yesterday, the countries are still negotiating and attempting to work through the impasse. A meeting was scheduled for 6 o’clock last night, although Fiji officials have not commented on the results of that discussion.

Interim Immigration Minister Ratu Epeli Ganilau has denied, however, that any such request to throw Ms. McDonald out has been made.

“Nothing has come through to me,” Ganilau said.

Meanwhile, Bainimarama has spoken publicly this week, indicating that he will not give into pressure, “no matter how harsh, debilitating and cruel such sanctions might be, even to the poor, the young and the innocent.”

For more information, please see:
FijiLive - No word on NZ envoy expulsion - 21 December 2008

FijiLive - NZ, Fiji seek way out of impasse - 20 December 2008

President of Fiji Approves People's Charter

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji- The final version of the People's Charter was presented to Fiji's President Ratu Josefa Iloilo on the fifteenth of December.  In a letter to the interim Prime Minister Commodore Frank Bainimarama, the President conveyed his full concurrence with the contents of the Report of the National Council for Building a Better Fiji (NCBBF) on the People's Charter for Change, Peace, and Progress.  President Iloilo announced his agreement after a careful study of the report.  He has invited the Interim Government to start implementation of all of its recommendations.

President Iloilo believes the report contains the wisdom and foresight that will move Fiji forward.  He said further that this is a monumental occasion in our history as it endeavors to move forward with a shared vision to build a prosperous and peaceful Fiji. 

The President also expressed gratitude for the efforts of the NCBBF and the citizens who assisted in the compilation of the Report.

For more information, please see:

Pacific Islands Report - Final Version of Fiji 'People's Charter' Completed - 5 December 2008

Fiji Government - President approves Charter report - 19 December 2008

Radio New Zealand International - Fiji's President approves interim regime's Peoples Charter - 19 December 2008

Tensions High as Fiji Plans to Expel NZ High Commissioner

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji - This afternoon, Fiji’s interim government plans to expel New Zealand’s acting High Commissioner over travel sanctions.

FijiLive reports that interim prime minister, Commodore Frank Bainimarama, is throwing High Commissioner, Caroline McDonald, out of the country in response to what he perceives are unfair travel bans on family and members of the interim government.

New Zealand and Australia introduced travel bans to punish Fiji for Bainimarama’s bloodless military coup of Fiji’s Federal government in 2006. Tensions between Fiji and the Pacific community have increased since a High Court in Fiji declared the military coup legal in October. Fiji’s ousted prime minister, Laisenia Qarase, has challenged that judgment, calling it a “miscarriage of justice.” An appeal of that decision is scheduled to be heard in March 2009.

According to reports, New Zealand's Foreign Affairs Minister, Murray McCully, spoke with Bainimarama over the phone yesterday.

"There's been no agreed pathway" for resolving the issue. It's work in progress. ... Taking the matter forward is in the hands of the Fijians now. We want our acting High Commissioner to stay there," McCully said.

Meanwhile, Australia’s Foreign Minister, Stephen Smith says that his country will not be removing travel bans until the political situation in Fiji is addressed.

"Australia will continue with its travel bans... until such time as we see the interim Fiji government moving towards and making progress to an election and the restoration of democracy and the rule of law in Fiji," Smith said.

For more information, please see:
ABC News - Fiji to expel NZ's acting High Commissioner: reports - 17 December 2008

International Herald Tribune - NZ diplo faces Fiji expulsion in sanctions dispute - 17 December 2008

The National Business Review - Report claims NZ envoy to be expelled from Fiji today - 17 December 2008

TVNZ - Diplomat still at her Fiji post - 17 December 2008

Coalition of Six Political Parties Back Interim Government in Fiji

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji - A new council made up of six political parties met in Suva to express support for the interim government to hold elections in 2011.  The council is called the Peoples Movement for Political Reform (PEMPOR) and is demanding that Australia and New Zealand withdraw sanctions against Fiji.  PEMPOR also proposes elections be held only for the right reasons and not due to threats of isolation, they also call for respect for the integrity of the judicial system in Fiji.

The parties involved in PEMPOR are the General Voters Party, the Conservative Alliance / Matanitu Vanua Party, the Justice & Freedom Party, the National Allicance Party, the Party of National Unity, and Soqosoqo Ni Vakavulewa Ni Taukei.  The chair of the meeting, John Sanday of the General Voters Party, said Fiji People's Party General Secretary, Charan Jeath Sing also indicated his support.

Sanday said, "We are formed to support the Presidential Dialogue Forum, and we will work with the interim Prime Minister to move the country forward and help restore democracy in Fiji."  The council said that general elections could be held in three years because the country needs time to make their operations "clean and transparent."

Sanday added, "Fiji has a legitimate Government and elections should not be held with guns held to our heads and comply with the threat to do it their way or be suspended from certain groups."

PEMPOR expects five more parties to join and plans to hold a meeting with the interim government to discuss ways to help move the country forward.  PEMPOR secretary Meli Bogileka said the members highlighted the fact that major political parties were working towards their own agenda.

For more information, please see:

Fiji Times - Parties criticise move to suspend Fiji - 15 December 2008

Pacific Magazine - New Political Coalition Backs Fiji Elections in 2011 - 14 December 2008

Fijilive - Political parties back 2011 poll - 13 December 2008

Leaked Report: UN Will Not Deploy Fiji Peacekeepers

By Ryan L. Maness

Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji - The Fiji Times is reporting that the United Nations has placed an immediate ban on deploying Fiji peacekeepers.  While Fiji peacekeepers will not be pulled out of any of their current positions, they will not be sent to any new locations.

The paper reports that a reliable source says that the directive was sent from UN Secretary-General Ban-ki Moon to the interim government, but had not yet been made public.  According to the source, the Secretary-General issued the directive because the Security Council adopted a resolution calling for the restoration of democracy in Fiji.  

Interim Minister of Defence, National Security and Immigration, Ratu Epeli Ganilau denies receiving such a communication from the United Nations.  "If something like that was on the horizon, we would expect to hear it and not come in as a bang. It would come through my portfolio but I have not heard anything," he said.

The struggle over Fiji's role in international peacekeeping extends back to 2006, when then Secretary-General Kofi Annan warned Fiji that he would limit their involvement in future peacekeeping duties.  

Fiji peacekeeping forces are currently serving with the Multinational Forces & Observers Sinai (MFO) and the United Nations Assistance Mission for Iraq (UNAMI).  

For more information, please see:

Fiji Times Online - No new mission for troops: UN - 15 December 2008

Pacific Magazine - Fiji Barred from New UN Peacekeeping Missions: Report - 15 December 2008

Radio New Zealand International - UN reportedly bans Fiji peacekeepers - 14 December 2008

Bainimarama Wants Travel Bans Lifted

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji- Prime Minister Commodore Frank Bainimarama has said Fiji's interim government will not be deterred no matter how cruel travel sanctions are to Fiji's poor, young and innocent.  If the sanctions remain Bainimarama said his government will continue with their agenda.  Since the interim government seized power in 2006 the agenda has been to, "bring peace, durable stability and progress to Fiji."  He told the foreign ministers from Australia and New Zealand this while urging their countries to life their "arbitrary travel bans."

When discussing the bans Bainimarama said, "These sanctions have been harsh in their impact on us."  He went on to say, "they have restricted the participation in Government from the pool of competent and non-political, and non-Military, Fiji people who are ready to take on appointments to serve on key institutions of the State including Government-owned entities and statutory bodies.  As a result, the nation as a whole is suffering and our efforts at service delivery and removal of corruption are being hindered."

Bainimarama also highlighted the impact on education opportunities and bans on Fiji's mens and womens sports teams.  He said, "I therefore appeal to you to re-examine the travel sanctions policy; and I urge you to use your influence to constructively assist Fiji, in more concrete ways, to help us move forward and to find durable solutions to our entrenched problems." 

New Zealand foreign minister Murray McCully and Australian foreign minister Stephen Smith said before the meeting with Bainimarama that their policies remain.

Bainimarama responded, "The Fiji Missions of both of these countries now only engage with those who are in opposition to the interim Government.  The two missions, by and large, do not engage with the Government at all."

For more information, please see:

Fijilive - Travel ban forces state CEO out - 13 December 2008

Islands Business - Sanctions won't stop us, says Bainimarama - 12 December 2008

Radio New Zealand International - Fiji's interim Prime Minister says interim government won't be deterred - 12 December 2008