By Cindy Trinh
Impunity Watch Reporter, Oceania

PORT VILA, Vanuatu – The Vanuatu Free West Papua Association (VFWPA) says it hopes to re-schedule a march in support of independence for the West Papuan people of Indonesia within the next two weeks.

The VFWPA had planned a march for West Papua on February 22, 2010, which is Vanuatu’s public holiday, Lini Day.

The VFWPA has been collaborating with the Vanuatu Christian Council (VCC), the National Council of Chiefs, the Vanuatu Council of Trade Unions (VCTU), and other civil society groups to organize a peaceful march in Port Vila to demonstrate the continued support of the people of Vanuatu for the independence of West Papua, and to present a petition to Prime Minister Edward Natapei and the Vanuatu government urging greater support for West Papuan independence.

The VFWPA has been working closely with the VCC and other civil society representatives to raise awareness through church networks about the march in support for West Papuan independence.

The VCTU has also been urging all union members to participate in the march and the petition.

The mach was planned to start at Chantilly’s on Fatumaru Bay at 9:00am on Monday, February 22, and would end at Seafront Stage, where Prime Minister Edward Natapei was to receive the petition. Members of the stakeholder organizations which are co-sponsoring the action, and members of the general public, were invited to assemble at Fatumaru Bay by 8:00am on Monday.

The march was scheduled for Lini Day in recognition of the late Father Walter Lini’s famous statement that “so long as any Pacific Islands remain colonized, none of us are free.”

The march would have been the first time in many years that a public rally was staged in support of the West Papua cause.

Despite the efforts of the VFWPA, the march was cancelled because the organizers failed to submit a permit application to the police in time. The VFWPA plans to re-schedule the march within the next two weeks.

The chairman of the VFWPA, Alain Nafuki, says that the march for West Papuan self-determination could be the biggest in Vanuatu’s history.

He stated: “The government has diplomatic ties with the Indonesian government and they’re maybe a little bit too reserved on that. But we, the people from the street, we are free to decide on what we want to deliberately say to the government about the situation in West Papua.”

For more information, please see:
Radio New Zealand International – More plans for West Papua march in Vanuatu despite police cancellation of today’s event – 22 February 2010

Islands Business – March in support of West Papua’s struggle for independence – 19 February 2010

Pacific.Scoop – Peaceful march for West Papuan Independence – 17 February 2010

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – Amnesty International recently expressed disappointment over Australia’s failure to introduce human rights legislation.

Amnesty stated that it is “high time for the Government to clarify its intentions with regard to protecting human rights in this country.”

Last October, Australia’s Attorney General, Robert McClelland commenced a consultation process, whereby the National Human Rights Consultation Committee advised the Government that it should adopt a Human Rights Act.  For months, the federal government has not indicated whether or not it plans to establish a human rights charter.

Amnesty International claims that Australia has breached its international obligations by not providing adequate protection of human rights.  Australia must adopt an act which reflects its international legal obligations.

Claire Mallinson, Amnesty International Australia’ National Director, stated, “It’s not good enough to commit to these international treaties and disregard them inside Australia.”

Furthermore, Amnesty representatives believe that if Australia wants to be a leader in the global community on human rights issues, it must show leadership in such issues domestically.

Those who oppose a human rights charter believe it will give unelected judges too much authority.  Opponents have urged the cabinet not to institute a charter.

29,153 individuals out of a total of 35,014 who participated in the nationwide consultation process believed there should be a Human Rights Act.  In a separate poll conducted in 2009 by Amnesty International, 81 percent of the participants also believed Australia should introduce human rights legislation.

Amnesty International Australia claims it is the Attorney General’s responsibility to ensure that the Government complies with its international law and to protect the human rights of all.

The Attorney General has not responded to Amnesty International’s claims.

To date, Australia is the only western democracy who has yet to establish a charter of human rights.

For more information please see:
Anglican Media Melbourne – Amnesty International: Australian Government must show leadership by introducing a Human Rights Act – 19 February 2010

Amnesty International  Australia – Government must show leadership by introducing a Human Rights Act – 18 February 2010

Sydney Morning Herald – Rudd govt mum on rights charter report – 18 February 2010

By Cindy Trinh
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga – Two teenagers from Tonga have appealed a court ruling ordering them to be whipped. Supporters are calling the punishment inhumane and a form of torture.

The two teenagers had long records of petty criminal offenses. They escaped from prison and stole food and other goods while they were fugitives. The Supreme Court judge Robert Shuster sentenced each boy to 13 years in prison and six lashes from a “cat-o-nine-tails” whip.

The “cat-o-nine-tails” whip is a knotted whip with nine strands that are soaked in water overnight. The prisoner is then held down by guards and whipped across the buttocks with great force.

The ruling has prompted protests from Tonga’s Law Society and others who contend that the punishment is brutal and “archaic.” They stated that this form of punishment has not been used in decades.

The President of the Tonga Law Society, Laki Niu, said that whipping is “barbaric,” even if it is a deterrent.

He further stated in an interview with New Zealand’s TVOne News: “I think it is inhumane. I think it is a form of torture.”

Niu warns that the punishment is so intense that it is often hard for the prisoner to remain conscious.

Former Tongan police officer, Kei Iongi, admitted to whipping men in the past. He revealed that the prisoners suffered greatly during the whippings, but he believes that it is an effective punishment.

During his interview with TVOne, Iongi stated: “I think it’s good for the punishment of the Tongan men.”

Former Tongan police minister and current MP, Clive Edwards, says that the sentence imposed on the two young teenagers is cruel and that the law needs to be repealed.

Edwards says that while whipping appears to have been used as a deterrent, it is inhumane on top of a 13 year sentence for escaping from jail and stealing while on the run.

He stated: “I do not support or believe that our young people like that who are over 21 years of age should be whipped while serving a very severe sentence. I think it’s a bit cruel.”

Edwards further stated that he would support legislative change to eliminate whipping plus the death sentence in Tonga.

Under Tongan law, the South Pacific nation’s Cabinet has to approve a whipping sentence, which would then be carried out by the police. Prime Minister Feleti Sevele said he would not discuss the case because it was still before the court.

For more information, please see:
ABC News International – Tongan Teens Appeal Against Court-Ordered Flogging – 18 February 2010

The Associated Press – Tongan Teens appeal against court-ordered flogging – 18 February 2010

Radio New Zealand International – Whipping as punishment for crimes in Tonga should be wiped – 18 February 2010

The New York Times – Tongan Teens Appeal Against Court-Ordered Flogging – 18 February 2010

By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji – The military regime in Fiji says it remains committed to holding elections in 2014 despite coming under pressure to hold earlier elections during the United Nations review of its human rights record.

During the review in Geneva, there were suggestions that UN representatives could visit Fiji to investigate human rights violations, such as torture and government influence on the judiciary and media bans.

The Permanent Secretary in the office of the Fiji’s Prime Minister, Pio Tikoduadua, says he would like to see the review’s report first, but he does not see the need to implement the suggestions made at the review in Geneva.

Tikoduadua says that elections are not the solution to Fiji’s problems.

He stated: “If allegations for human rights as the UN is putting it, if they think that elections is going to solve all of that for us then we’ve been having elections for 40 years and human rights is a consistent issue, not only in Fiji everywhere, so definitely elections is not the answer.”

Tikoduadua further contended that Fiji has been engaging with the UN, and views it as a partner.

Furthermore, the interim government in Fiji says that Commodore Frank Bainimarama will stand down as Prime Minister when elections are held in 2014, but he will remain as commander of the military.

In a statement made by Bainimarama, he denied media reports that alleged he would retire as military commander after the 2014 elections.

The interim government spokesman, Lieutenant Colonel Neumi Leweni, claims a journalist misinterpreted the Commodore’s comments.

Leweni, who is the Permanent Secretary for Information, clarified to the public that Commodore Bainimarama will step down as the Prime Minister, but will stay on with the military to ensure reforms that were implemented by his regime are followed by the administration that will take power after the 2014 elections.

Nevertheless, the Commodore emphasized that he will run for Prime Minister if that is what the people want.

For more information, please see:
Radio New Zealand International – Fiji’s interim regime says it remains committed to holding elections in 2014 – 13 February 2010

Radio New Zealand International – Fiji’s interim govt says Bainimarama will stand down as PM in 2014 – 13 February 2010

Australian Broadcasting Corporation: Radio Australia – Fiji PM will not stand down as military commander – 12 February 2010

By Eileen Gould
Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji responded to criticism of its human rights council at a United Nations conference in Geneva.

Several countries have expressed concern for the situation in Fiji, in particular the actions taken by the interim government in regard to human rights.

The UN review panel, which included New Zealand and Australia, claimed that Fiji misrepresented its human rights record, while Fiji, on the other hand, stated that its accusers have also been criticized for human rights violations.

Fiji claimed that it had accurately portrayed its domestic situation to the UN Human Rights Council.

Aiyaz Sayed Khaiyum, Fiji’s Attorney-General and Minister of Justice, stated that “these sorts of criticism are not reserved for Fiji” at these conferences.

Fiji’s delegation at the UN council meeting was led by Peceli Vocea, who is also Fiji’s permanent representative to the European Union.

Vocea spoke positively about Fiji and the interim government’s plans for the future, welcoming the UN’s recommendations for improving human rights.

“Fiji will employ the outcome of this process as a benchmark for future human rights reporting and express the commitment that in areas found wanting, it will be improved upon in future reviews.”

The representative stated that Fiji would continue with its “roadmap for democracy”. He also claimed that former President Josefa Iloilo, who was in office at the time Fiji’s Constitution was annulled, called for elections by September 2014 at the latest.

Further, Vocea indicated that discussions about a new constitution would begin by September 2012 and that Fiji would have a new constitution the following year.

He also told the UN council that although Fijians have a right to freedom of speech, the government placed “limits” on the media in light of national security interests. Vocea also noted that the Public Emergency Regulations implemented by the interim government are not permanent and will soon be lifted.

Various reports indicate that interim Prime Minister, Commodore Frank Bainimarama intends to retire as military commander after Fiji holds elections in 2014. However, a spokesman for the Prime Minister stated this is not the case and that Bainimarama would run for the position if the people wanted him to do so.

For more information please see:
Radio Australia News – Fiji replies to UN rights accusers – 12 February 2010

Radio Australia – Fiji PM will not stand down as military commander – 12 February 2010

Radio New Zealand International – Fiji promises improvements in human rights – 12 February 2010

Sydney Morning Herald – Fiji dismisses pressure for elections – 11 February 2010