By Cindy Trinh
Impunity Watch Reporter, Oceania

SUVA, Fiji – Human rights activist Shamima Ali, from Fiji, was awarded by Amnesty International Aotearoa New Zealand (AIANZ) as its first ever Human Rights Defender.

Ali is the executive director of the Fiji Women’s Crisis Center in Suva. She was given the award on behalf of her contributions towards improving women’s rights in Fiji and throughout the Pacific region.

She received the award on International Human Rights Day, December 10, which is the day the United Nations Declaration of Human Rights was adopted 61 years ago.

The chief executive of AIANZ, Patrick Holmes, said that he saluted Ali “for the immense courage she has shown in challenging the 2006 military coup and in continuing, despite threats and intimidation, to document its impact on the people of Fiji.”

Holmes further stated: “Human rights defenders put themselves on the front line, often risking life and limb to stand up for what they believe in. While we may take that for granted in New Zealand, we still need to remember that human rights abuses are happening on our doorstep.”

Ali stated that this recognition is a big step towards increasing awareness of the abuses happening in the Pacific region. She emphasized that this recognition is especially important in Fiji, where violations of human rights is very high.

In response to her award, Ali stated: “[AIANZ] should be commended for establishing this award. While I’m the recipient, one must remember the many other human rights defenders in Fiji and the rest of the Pacific who work just as hard. The work doesn’t end – every day we are challenged anew. And this award gives me further encouragement never to give up defending out rights. This is what makes us human.”

Ali further stated that “this kind of award encourages both myself and other human rights defenders…protectors and promoters of human rights in Fiji and the Pacific, to stick in there a little longer and continue to work.”

Despite the joyous day, Holmes noted that there is still work to be done. He stated: “As we celebrate how far we have come in the right to eradicate human rights abuses around the world, this date and this award are reminders of how far we still have to go to achieve human rights for all people everywhere.”

For more information, please see:
ABC Radio Australia – Shamima Ali Amnesty Award – 11 December 2009

ConnectME – Fiji’s Shamima Ali wins Amnesty Human Rights Defender Award – 11 December 2009

Infonews.co.nz – Pacific women’s rights campaigner honoured by Amnesty International – 11 December 2009

Radio New Zealand International – Fiji’s Shamima Ali wins Amnesty Human Rights Defender award – 10 December 2009

By Eileen Gould
Impunity Watch Reporter, Oceania

HONIARA, Solomon Islands – Amnesty International reported that the Solomon Islands must overhaul its laws in order to ensure that is not a safe haven for foreign criminals.

In the first paper of the No Safe Haven Series covering a Pacific country, Amnesty issued a report on the Solomon Islands, entitled “End Impunity Through Universal Jurisdiction”.

In this paper, the human rights organization assesses whether the Solomon Islands, as a member of the international community, has met its obligations to define crimes under international law within their national law.

The report also addresses the country’s ability to provide effective criminal and civil jurisdiction over those crimes and to cooperate with other nations in extradition processes.

Amnesty found that the Solomons’ national law lacks definitions of the most atrocious crimes, including war crimes, torture, crimes against humanity, extrajudicial killings or enforced disappearances.

Because of its failure to define those crimes, there is concern that the Solomon Islands is a “safe haven” from prosecution in its courts for foreigners who are responsible for heinous crimes committed abroad against other foreigners.

The report also notes that the nation is a safe haven for foreigners, who have committed crimes such as genocide, war crimes, torture, and extrajudicial executions abroad, from extradition to any country.  These individuals cannot be arrested and turned over to the International Criminal Court or any other international criminal court.

The Solomon Islands also lacks legislation which would allow the government to exercise universal civil jurisdiction, and therefore, victims of crimes under international law are not able to receive full reparation.  This is yet another indication of the nation’s failure to carry out its obligations to the international community.

Amnesty International will provide this report to the Solomon Islands Law Reform Commission, in hopes that the nation will consider its recommendations and fulfill its obligations under international law to fight against impunity.

For more information please see:
Radio New Zealand – Solomons advised to rewrite laws to avoid being haven for foreign criminals – 08 December 2009

Voxy – Solomon Islands: Time to End Safe Haven for Crimes Under International Law – 08 December 2009

Amnesty International – Solomon Islands: End Impunity Through Universal Jurisdiction (No Safe Haven Series No. 6) – 07 December 2009

By Cindy Trinh
Impunity Watch Reporter, Oceania

YAREN, Nauru – Nauru announced its support for the Convention on the Elimination of Discrimination Against Women (CEDAW).

Nauru is one of the remaining three Pacific countries yet to ratify the convention. Tonga and Palau have not signed.

Tonga refuses to sign, saying that CEDAW would “cut across the cultural and social heritage that makes up the unique Tongan way of life.”

Nauru’s President, Marcus Stephen, stated that the Convention would allow for the “full and complete development of a country through the maximum participation of women on equal terms with men in all fields.”

In a two-day dialogue, Stephen confirmed Nauru’s commitment to ratify CEDAW.

The parliamentarians of Nauru assessed the advantages and challenges for Nauru of ratifying CEDAW. The staff from the Pacific Regional Rights Resource Team of the Secretariat of the Pacific Community (RRRT) assisted the parliamentarians during the meeting in Nauru.

During the dialogue, the parliamentarians considered how the CEDAW process could assist them in identifying and addressing current gaps in national laws and policy relating to violence against women, women’s reproductive heath rights and political participation by women.

However, ratifying CEDAW does pose challenges for Nauru, especially with the lack of resources and technical capacity to meed the associated implementation and reporting requirements of the Convention.

Mathew Batsiua, the Minister for Justice, Health and Sports, stated that it would be costly for Nauru to send a delegation to Geneva to report on Nauru’s progress in implementing CEDAW.

He suggested that to lessen the costs there could be special sittings of the CEDAW committee in the Pacific area, so that the Pacific Islands can report in a timely manner.

Nauru acknowledged RRRT’s technical support and looks forward to a “continuous partnership with key regional organizations and donor agencies in advancing gender equality through ratification of CEDAW in Nauru.”

For more information, please see:
Islands Business – Nauru MPs commit to ratifying CEDAW – 07 December 2009

Pacific.Scoop – Nauru MPs commit to ratifying CEDAW – 07 December 2009

Pacific Islands News Association – Nauru MPs commit to ratifying CEDAW – 07 December 2009

Radio New Zealand International – Nauru MPs back CEDAW – 07 December 2009

By Eileen Gould
Impunity Watch Reporter, Oceania

CANBERRA, Australia – An UN Special Rapporteur on health expressed concern over the health of asylum seekers detained at Australia’s Christmas Island facility and recommended that it be closed.

According to Anand Grover, Christmas Island should be shut down because its remote location prevents the detention center from receiving health services that are equal to the rest of the community.

Despite the fact that the health situation has improved, the UN official believes that mandatory detention with no maximum limits on duration of stay as well as the non-existence of binding legal standards for services tend to have a negative effect on the health of the asylum seekers.

Mr. Grover believes that mandatory detention should be abolished.  By keeping the asylum seekers in mandatory detention, the government is wasting money because ultimately most of them will be granted visas.

Further, in regard to infectious diseases and detention of all asylum seekers, the Special Rapporteur stated that “you have to look at the individualized risk of a person” rather than detaining everyone.

He believes that Australia has continued to use Christmas Island because it’s a “historic thing”.

Immigration Minister Chris Evans responded by rejecting the UN’s recommendation to close the facility.

His office further stated that “Asylum seekers on Christmas Island receive legal advice and assistance, access to independent review of unfavourable decisions, and external scrutiny by the Immigration Ombudsman . . . The government’s key immigration detention values . . . were intended to maintain strong border security but also treat people with human dignity.”

The UN Special Rapporteur also expressed concern over the health of Australia’s indigenous population and that their right to health is being violated.

Australia has failed to incorporate international human rights standards into domestic law.

He stated that health conditions amongst aboriginal communities are in some respects worse than in third world countries.  In particular, Mr. Grover noted the “extent of preventable disease, a lack of basic services and poor access to primary health care.”

Due to many years of neglect, racism, and discrimination, the Australian Aboriginals have been disempowered and lack access to basic services, such as safe drinking water, sanitation, and access to education.

For more information please see:
ABC News – UN envoy wants detention centre closed – 04 December 2009

ABC Radio Australia – UN rapporteur urges Australia to close detention facility – 04 December 2009

China view – Aboriginals on the margins of the Australian society: UN Rapporteur – 04 December 2009

Radio Australia News – UN health expert critical of Australian policies – 04 December 2009

By Cindy Trinh
Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea – The United Nations (UN) Special Rapporteur on Torture, Professor Michael Nowak, says that Papua New Guinea’s (PNG) police need new powers to deal with the violence in the country.

Nowak has been meeting representatives from the Pacific in PNG about implementing international standards on torture in the region. He has been invited to spend two weeks in PNG in May of 2010 to assess the ill-treatment of prisoners.

Nowak says that the problems are not just “internal” to the police.

He stated: “Now I’m not only talking about torture by the police, you can also talk about violence, inter-tribal warfare in the highlands for instance. The police have a very very difficult task of mediating, or you have quite a high level of domestic violence where the police might have other kinds of powers in order to deal with it.”

Christina Saunders, a human rights advisor to the United Nations PNG country team, says that according to a UN study, most of the constitutions of the Pacific countries include some kind of prohibition on torture, but the key to enforcing those prohibitions on torture requires strengthening “accountability and supervision” of police and correction officers to ensure they follow the law.

She stated: “As often is the case, even when governments have very good laws in place and they train, unless there are strong accountability mechanisms in place and oversight to ensure that those laws are implemented, unfortunately you can’t eradicate torture.”

The goal of the recent PNG meeting is to monitor “political will, which will affirm that torture and ill-treatment is morally and legally wrong.”

In response to the meeting, Saunders stated: “We’re also hoping that this meeting will encourage members of the region to ratify the convention against torture, and also the optional protocol, which will give a stronger legal framework for the action which is required to eradicate torture in the region.”

For more information, please see:
Islands Business – UN torture representative says PNG police need new powers – 03 December 2009

Pacific Islands News Association – UN torture representative says PNG police need new powers – 03 December 2009

Australia Network News – UN torture representative says PNG police need new powers – 02 December 2009