Smith Says Way is Clear for Fiji Elections; Media Shocked at Creation of Media Tribunal; People’s Charter Draft Ready End of July, Samy Says

Smith Says Way is Clear for Fiji Elections; Media Shocked at Creation of Media Tribunal; People’s Charter Draft Ready End of July, Samy Says

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

SYDNEY, Australia — Fiji’s Interim Prime Minister Frank Bainimarama has been consistent in the past months in his view that social and political reforms were needed before any democratic elections can take place.  This view was directly challenged this week as the Pacific Island Forum concluded talks with Fiji’s leaders and Stephen Smith, Australia’s Foreign Affairs Minister, said that there is no justification for any delay in Fiji’s people going to the polls next March.

According to Smith, Bainimarama has gone back on the promise election promise that he made to the Pacific Island Forum last year.  With ample time and a stable environment, there is no reason to postpone elections, Smith said.  “There is nothing that we have seen or heard which would stand in the way of that occurring, provided that there is the political will. The political will in the first instance, primarily if not exclusively from the interim government, but also the political dialogue which ensues between the political players in Fiji which we both encourage and welcome.”

For more information, please see:
Fiji Broadcasting Corporation Limited — Smith criticized delay in Fiji elections — 20 July 2008

Fiji Times — No justification for poll postponement: Smith — 20 July 2008

Radio New Zealand International — Forum ministers see no impediment to March elections in Fiji — 16 July 2008

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SUVA, Fiji –– The interim government of Fiji’s stance towards the media has sparked the ire of the country’s Media Council and particularly its chairman, Daryl Tarte.  Tarte is concerned about the perceived differences between what the Council was told by interim Attorney General Aiyaz Sayed-Khaiyum and what the interim government has actually done.  Addressing the Council, the interim AG said that existing media lalws would be consolidated into one piece of overarching legislation, but a day later the interim government announced that it would create a tribunal to hear appeals on grievances lodged with the Media Council.

The interim government defends its action, saying that there is nothing new in the consolidation of laws.  He also reiterated the government’s previously stated stance that, “We do not want to control the media or the content of the media by licensing it.”

Tarte, however, sees things differently.  He is upset by the fact that there are discrepencies between interim government’s words and their actions.  “At the media council meeting on Wednesday, the interim attorney general was invited to talk to council members about the Government’s-media relationship, and he cateorically stated the government did not intend introducing any form of legislation. The very next day it is announced that government are going to impose legislation.”  Fiji Times also reports that he has expressed his fear that, along with the hearing appeals, the tribunal would set codes of conduct and exact fines.

For more information, please see:
Radio New Zealand News — Fears Fiji tribunal will undermine media — 19 July 2008

Fiji Daily Post News — Media council wants their views heard — 19 July 2008

Radio New Zealand International — Fiji media council stunned by interim regime’s regulation — 18 July 2008

Fiji Times — State move on media shocks council head — 18 July 2008

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SUVA, Fiji — The a draft of the interim government’s much touted People’s Charter should be finished by the end of the month, says the National Council for Building a Better Fiji.  The chairman of the Council, John Samy, said that the time line for getting the the Charter out was accelerated so as not to interfere with  possible elections next year.

Along with the Charter Samy announced that a State of the Nation report would also be released as well as an economic report. During the announcement, which was delivered to an applauding crowd of the NCBBF, he said, “Not all provincial councils are against the idea of the Charter, in fact below the provincial council, at village and grassroot level, the response we are getting is broad based support.”

For more information, please see:
Fijilive — Draft People’s Charter to be out soon — 15 July 2008

Radio New Zealand International — Draft Fiji People’s Charter expected to be complete by end of this month — 14 July 2008

UPDATE: Tonga’s People’s Rep is Cleared of Riot-Related Crimes; PNG Accused of Ignoring Government Minister’s Corruption Charges; UPDATE: Minister Urges PNG to Develop Plan for Refugees

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga — The number two people’s representative in Tonga, who was charged with crimes relating to the November 2006 riots, has been cleared of those charges.

Tonga’s April elections had been the first since 2006, when the pro-democracy movement turned violent, causing the death of eight and destroying Tonga’s capital city, Nuku’alofa. The riots erupted after the Legislative Assembly of Tonga adjourned for the year without employing promised reforms. Five of the six newly elected candidates faced criminal charges for their alleged involvement in the riots.

Isi Pulu was the first of the people’s representatives to stand trial for his alleged involvement in the riots.

For more information, please see:
Radio New Zealand International — Tonga’s number two People’s Rep cleared on riot-related charges — 14 July 2008

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PORT MORESBY, Papua New Guinea — The PNG government is under pressure for allegedly ignoring reports that a government minister took 40 million US dollars from logging deals.

Since 2002, a Senior Minister in the PNG government, who remains unnamed, allegedly took 2.1 per cent of each log exported out of the country. The Post Courier, a PNG newspaper, reported that the money was kept in two Singapore accounts and managed by a consortium.

Bart Philemon, PNG’s deputy opposition leader, believes the government has chosen to ignore the issue:

“The government has been reluctant to deal directly with a lot of these issues. Like any other issues that have come up, it would appear that the government takes a non-active involvement in trying to find out whether there’s substance to some of these allegations or not.”

A public petition is currently circulating which calls on the Prime Minister to make inquiries into the corruption allegations.

For more information, please see:
Radio New Zealand — PNG govt under pressure to investigate corruption allegations — 14 July 2008

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PORT MORESBY, Papua New Guinea — A senior minister in Papua New Guinea (PNG) told Parliament last week that the country has no clear plan to deal with refugees currently squatting in the country.

Foreign affairs, Immigrations, and Trade minister, Sam Abal, has announced the United Nations High Commission for Refugees (UNHCR) is responsible for deciding whether refugees in PNG should be resettled. The question is whether the refugees prefer to remain in PNG or move to a third country.

Some refugees are uncertain as to whether, after 30 years of living in PNG, they have the same rights as Papua New Guineans, or whether they will only become permissive residents. Mr. Abel says that residents are subsequently confused about their status because of the government’s lack of a clear policy.

Mr. Abel maintains that all refugees currently squatting in Port Moresby have the right to apply for citizenship.

For more information, please see:

The National/ PacNews — No clear policy on West Papuans –Abal — 14 July 2008

NZ Makes Exception to Fiji Travel Ban for Medical Emergency; Fiji Women Request Place at Political Forum; Organization UPDATE: Fiji Police Maintains They Do Not Need Help

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

WELLINGTON, New Zealand — After declaring that it would maintain its travel ban against all members of Fiji’s interim government and their families, the government of New Zealand has granted an exception for the daughters of a Fiji naval officer so that they can visit their seriously ill brother.  Osea Namatalevu, son of Keveli Namatalevu of the Fiji Navy, is a New Zealand based rugby player who is studying in New Zealand and how is in urgent need of a bone marrow transplant to treat his Hodgkins Lymphoma.

Originally the government of New Zealand intended to hold firm to its commitment to its travel ban, despite the pleas of interim government to grant an exception.  Osea’s mother, Makarita Namatalevu, was dismayed at the New Zealand government’s position and worried that the delay in granting the visas could have an adverse effect on her son’s health.

The cost of Osea’s treatment is expected to reach upwards of $50,000, but Fiji’s interim government has announced that it will hold a fund raiser to assist the Namatalevu family with the costs.

For more information, please see:
Radio New Zealand International — New Zealand Government makes exception to Fiji travel ban — 11 July 2008

Radio New Zealand International — NZ upholds travel an despite Fiji plea for for help in medical case — 11 July 2008

Fiji Village — Grant Visas Please — 11 July 2008

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SUVA, Fiji — The Fiji Women’s Crisis Centre and the Fiji Women’s Rights Movement have written letters to the Commonwealth Secretariat Special Envoy to Fiji calling for the final terms of reference for women to have a seat at the proposed political forum.  The letter was delivered to Sir Paul Reeves while he was in Fiji last week.

Virisila Buadromo, executive director of FWRM, has said that it is essential for women to play a role in peace negotiations and post conflict reconstruction in this time when Fiji is transitioning back to Parliamentary democracy.  She also said that, to date, she has been disappointed that she has not yet received a response to the letter.  “We were quite disappointed that despite us sending a letter last week while he was here, asking if he could include us in his meetings, while he was hear trying to formulate the terms of reference, we didn’t get any response from it at all. We think we should be part of the designing of that terms of reference as well as being part of that political forum.”

The forum is expected to convene next month.

For more information, please see:
Fiji Times — Include us, women say — 10 July 2008

Radio New Zealand International — Fiji women’s organization wants a voice in forum — 09 July 2008

Fiji Times — Women’s organization writes to Sir Paul — 09 July 2008

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SUVA, Fiji —  As the investigation into the death threats made against Australian High Commissioner to Fiji James Batley continue, a spokesman for the Fiji Police has said that assistance from other countries may be necessary.  While this marks a change in course from previous statements that have come from his office, Mua has maintained that they “have enough manpower to continue with our investigation and providing security at the High Commission.”  Specifically Mua said that the police department did not the aid that Australia and New Zealand had offered.  “There are other countries where we can get the help from apart from these two countries, the ministry will look into these areas.”

The assistance that Mua has indicated his office may need is more technical.  He revealed this week that officers could not lift finger prints from two of the death threats that had been received (the other death threat was received via email).

While Mua has not wavered on his refusal to allow foreign officers into the investigation, his tone has changed in that last week with regard to the progress of the investigation.  Earlier the Fiji Police had announced that they had strong leads about who was responsible for the death threats, but now that optimism has dwindled.

For more information, please see:

Fiji Daily Post — ‘No Need’ — 10 July 2008

Radio New Zealand International — Fiji Police say they may need overseas help to solve threats against diplomat — 08 July 2008

Radio New Zealand International — Australia prepared to offer assistance to Fiji police — 07 July 2008

Fiji Times — Overseas help for threat case: Police —  07 July 2008

Palestinian Village Sues Two Canadian Companies over Israeli Settlements; Human Rights Groups Call on Iran to End Juvenile Executions; HRW Report on Saudi Abuse of Migrant Workers

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

MONTREAL, Canada – On July 9, the West Bank village of Bil’in filed suit against two Canadian companies involved in the construction of a neighborhood in the Jewish settlement of Modiin Illit.  The claim was filed in Superior Court in Montreal, Canada, against Green Park International and Green Mount International.  According to the village’s attorney, Michael Sfard, this is the first time that a private company has been sued for investing in settlements.

According to the residents, the neighborhood is being built on Bil’in lands.  The claim asks the Canadian court to order a halt to all construction, the demolition of all the homes the companies have built in Modiin Illit, and nearly $2 million in punitive damages.

The claim states that the construction companies are violating Canadian law.  Canada has adopted the Rome Statute of the International Criminal Court, which determines that a nation transferring its civilian population into occupied territory constitutes a war crime.

“My understanding is that it will serve as a blinking red light for any investors and corporations that are considering doing anything in the settlements,” Sfard said.

For more information, please see:

Al Jazeera – Firms Sued for Israeli Settlements – 11 July 2008

Associated Press – Village Sues Builders of Israeli Settlements – 10 July 2008

BBC – Canadian Settlement Builders Sued – 10 July 2008

Yedoith – Bil’in Residents to Sue Canadian Construction Companies – 10 July 2008

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TEHRAN, Iran – On July 8, Human Rights Watch, along with 23 other human rights groups issued a joint statement to the Iranian government, urging them to end their practice of executing juvenile offenders, those who were under the age of 18 when they committed the crime.  “Iran is violating international law every time it executes a juvenile offender whether or not the individual has reached 18 at the time of his or her execution,” read the joint statement.

Iran is a member state of both the International Convention on Civil and Political Rights and the Convention on the Rights of the Child.  Both conventions prohibit the execution of juvenile offenders.  According to Human Rights Watch, Iran has executed at least 17 juvenile offenders since 2004; nearly eight times the amount of any other country. In addition, four juvenile offenders are scheduled to be executed this summer.

Two of those facing execution are Behnoud Shojaee and Mohammad Feda’i, due to be executed on Friday 11 July.  At least two other child offenders – Salah Taseb and Sa’eed Jazee – are also at risk of execution in the coming days.  All are convicted of murder.  Under Islamic law, the victim’s family can stop the execution by pardoning the perpetrator or by accepting compensation in lieu of execution.

For more information, please see:

Amnesty International – Iran: Call to Spare Lives of Four Child Offenders Facing Execution – 8 July 2008

Human Rights Watch – Iran: Spare Four Youths from Execution – 8 July 2008

International Herald Tribune – Human Rights Groups Call on Iran to End the Execution of Juveniles – 8 July 2008

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NEW YORK, United States – On July 8, Human Rights Watch released a report titled, “’As If I Am Not Human’: Abuses Against Asian Domestic Workers in Saudi Arabia.”  The report calls on Saudi Arabia to implement labor, immigration, and criminal justice reforms to protect domestic workers from serious human rights abuses that in some cases amount to slavery.  The report is based on two years of research, during which 142 interviews were conducted.

Currently, there are over 1.5 million domestic workers are employed in Saudi Arabia, primarily from Indonesia, Sri Lanka, the Philippines, and Nepal.  However, Saudi labor laws excludes domestic workers, denying them rights guaranteed to other workers, such as a weekly rest day and overtime pay.  Abuses include beating, starvation, and sexual violence.

Human Rights Watch said that abused workers are more likely to face counter-charges such as “witchcraft” and adultery rather than see their abusers brought to justice.

For more information, please see:

New York Times – Saudi Arabia: Worker Abuse Cited – 9 July 2008

AFP – Rights Group Condemns Saudi ‘Slave’ Treatment of Migrant Women – 8 July 2008

Human Rights Watch – Saudi Arabia: Domestic Workers Face Harsh Abuses – 8 July 2008

Jurist – Saudi Arabia Urged to Improve Domestic Worker Treatment – 8 July 2008

Israel Plans to Change Barrier’s Route; Week of Deadly Bombings in Algeria; Syria: Mass Trial over Call for Democracy

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

MA’ALEH ADUMIM, West Bank – On August 21, state prosecutor’s office told the High Court that Prime Minister Ehud Olmert and Defense Minister Ehud Barak have decided to “significantly” alter the course of the Separation Barrier.  The barrier will be moved closer to Ma’aleh Adumim, the largest Israeli settlement in the Occupied Palestinian Territories.  The shift will result in 4,000 dunams (400 hectares) remaining on the Palestinian side of the Separation Barrier.

The state’s brief to the court came in response to two petitions filed in 2005 and 2006 by residents of Abu Dis and Suahra e-Sharkiya, Palestinian communities located outside the barrier.  The petitioners allege that the proposed route placed 6,000 dunams of their agricultural lands on the Israeli side of the barrier; making it difficult, if not impossible, to cultivate.

Ma’aleh Adumim Mayor Benny Kashriel said that he planned to instruct the city’s attorney to petition the High Court against the state’s decision.  According to Kashriel, Prime Minister Ehud Olmert does not have the authority to make such a fateful decision for the city given that he was likely to be in office for only one more month.

For more information, please see:

BBC – Israel ‘to Change Barrier Route’ – 22 August 2008

Ha’aretz – Ma’aleh Adumim Mayor to Appeal new West Bank Fence Route – 22 August 2008

Jerusalem Post – State Agrees to Reroute Security Barrier – 22 August 2008

AFP – Israel to Change Route of West Bank Barrier – 21 August 2008

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ALGIERS, Algeria – A series of deadly attacks have resulted in dozens of deaths and in one of the most violent weeks in Algeria in years.  On August 20, two car bombs exploded in the town of Bouira, southeast of the capital Algiers.  The bombings targeted a military compound and the Hotel Sophie.

The bombing near the hotel exploded as a bus drove by taking workers to a construction site, according to the official Algerian press agency A.P.S.  12 people on the bus were killed and 15 injured.  The bombing near the military compound resulted in extensive damage to the compound and nearby barracks.

In a statement released on August 21, al Qaeda in the Islamic Maghreb claimed responsibility for the attacks.  Until 2006, the group called itself the Salafist Group for Preaching and Combat and is the last big extremist group from the Algerian civil war in the 1990s.

The twin bombings follow earlier attacks on August 19 and 17.  On August 19, a suicide bomber drove a car full of explosives into a group of young men waiting to take the entrance exam for the police academy in the town of Issers.  The attack resulted in 43 deaths and several dozen injuries; most of those killed were civilians.

In addition, on August 17, 12 people were killed in an ambush of a military commander and his escort.  No group has claimed responsibility for these attacks.

For more information, please see:

Al Jazeera – Al-Qaeda Claims Algeria Attacks – 22 August 2008

Guardian – Bombings Add to Fears Algeria is al-Qaida Hotbed – 20 August 2008

New York Times – Bomber Kills at Least 43 Near Capital of Algeria – 19 August 2008

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DAMASCUS, Syria – On July 30, the trial for 12 Syrian dissidents for signing a declaration calling for democracy in Syria began.  Charges include harming the state and spreading false information.  All 12 will deny all charges when they appeared in a Damascus court, the National Organization for Human Rights in Syria (NOHRS).

Among those being tried are Fidaa Horani, president of the national council of the Damascus Declaration, writer Ali Abdallah, doctor Walid Bunni, writer and secretary of the national council Akram Bunni and former MP Riad Seif.  The accused are linked to a pro-reform body know as the Damascus Declaration group. They were arrested in the months following a group meeting in December.

It is the biggest collective trial of Syrian dissidents since 2001 after the so-called Damascus Spring, the brief period of relative freedom of expression that followed President Bashar al-Assad’s rise to power in 2000.

The trial was adjourned and will resume on August 26.

For more information, please see:

AFP – Syria Hold Mass Trial Over Call for Democracy – 30 July 2008

BBC – Trial of Syrian Dissidents Begins – 30 July 2008