Oceania

IBA’s Human Rights Institute Criticizes Fiji Interim Regime’s Raid on Law Society

By Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji – The International Bar Association’s Human Rights Institute has condemned the Fiji Military’s break-in of the Fiji Law Offices and removal of confidential files.

Fiji’s interim government issued a decree last week which stated that the Chief Registrar of the Court would take over the Law Society’s job of issuing practicing certificates to attorneys.

Following that decree, the interim regime ordered the military to raid the Law Society Offices, and take files relating to complaints about Law Society members.

Mark Ellis, IBA’s executive director, has called the interim government’s actions a “gross invasion of the rule of law,” and is concerned that such actions hurt the law profession’s independence in Fiji.

Mr. Ellis also says that the raid on the Law Society Offices is just one of many questionable actions the interim government has taken since the 2006 military coup of Fiji’s federal government. He called the latest break-in the “death knell” to the independence of Fiji’s legal profession.

Meanwhile, Fji’s interim attorney general, Aiyaz Sayed-Khaiyum, has called IBA’s concerns “misplaced,” arguing that they are only shared by a few lawyers in Fiji.

For more information, please see:
Radio New Zealand International –  IBA criticises Fiji regime for raid on Law Society – 29 May 2009

The Australian – Fiji’s ‘junta judges’ – 29 May 2009

FijiVillage – BA concerns misplaced-AG – 29 May 2009

Cook Islands Group Rejects Affirmative Action

By Angela Marie Watkins
Impunity Watch Reporter, Oceania

AVARUA, Cook Islands – A Cook Islands political group says using affirmative action to get more women into parliament is wrong.

The Group for Political Change was responding to a two-day conference held this week in the Cook Islands aimed at developing a temporary measure, such as reserving seats for women, to increase women’s parliamentary representation to 30 percent. At the moment, women hold three out of the 24 seats.

The two-day conference was a joint initiative between the International Development Law Organization, the United Nations Development Fund for Women, the Gender and Development Division of the Ministry of Internal Affairs and the Pacific Islands Forum Secretariat.

Participants in the conference claim that increasing the number of women in the Cook Islands Parliament is an important first step toward gender balance in government.

A founding member of the Group for Political Change, Elizabeth Ponga, says the Cook Islands society would definitely benefit from having more women MPs but that using affirmative action and bypassing the democratic process to vault women into parliament are wrong.

Ponga speculated that with a democratic political system it will only be a matter of time before there are more women in Cook Islands politics.

For more information, please see:

Radio New Zealand International – Cook Islands take first official step towards more women MPs – 30 May 2009

Radio New Zealand International – Cook Islands activists say affirmative parliamentary action for women wrong – 30 May 2009

PNG Wants to Eradicate Chinese “Bad Apples”

By Angela Marie Watkins
Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea – Papua New Guinea’s Foreign Affairs and Immigration Minister, Sam Abal, has called on the Chinese government to help eradicate “bad apples” from breaking PNG’s laws.

“[We need] cooperation from the Chinese government to help us to separate the general Chinese and those who do wrong,” Abal said.

The Minister said that corruption, not just in immigration, is paralyzing PNG’s systems while resentment over growing Chinese dominance of businesses and their growing involvement in crime has built up over the years.

The Minister claimed that people are angry with foreigners, who do not have proper work permits and do not speak English, for coming in and running most of the small shops which Papua New Guineans should be doing.

The statements follow a wave of anti-Chinese violence and looting of Asian-run businesses in the country that began May 10th and killed four. The PNG Prime Minister, Sir Michael Somare, has apologized to the Chinese community for the violence and looting.

The Prime Minister also admitted that corruption in PNG’s police force, as well as the labor and immigration departments, were factors behind the unrest.

Troubles in PNG began on May 10th when workers clashed with management at the Chinese-run Ramu nickel mine in Madang Province, on the northeast coast, after a PNG worker was injured by a tractor.

In the same week in Port Moresby, Noel Anjo Kolae organized and led an anti-Chinese protest that ended in violence and looting, sparking similar attacks across PNG.

For more information, please see:

Radio New Zealand International – PNG government calls for Chinese help in weeding out bad apples – 26 May 2009

The Age – Anti-Asian tensions simmer in PNG – 26 May 2009

Fiji Law Society Raided

By Angela Marie Watkins
Impunity Watch Reporter, Oceania

SUVA, Fiji – Over the weekend, the offices of the Fiji Law Society were raided, files were removed, and the Society’s president was informed that the government will take over licensing lawyers and the handling of any complaints, including its own against the lawyers.

Society president, Dorsami Naidu, told Radio New Zealand the new chief registrar, Ana Rokomokoti, and men in plain clothes demanded entry to the society’s Suva offices. They then took confidential files relating to complaints against law society members, and the chief registrar told staff a decree had been issued effectively deregulating the society. The society was told it would no longer be in charge of licensing lawyers, and membership would no longer be compulsory.

One staff member was threatened with arrest.

The raid follows the military regime’s reappointment of judges last Friday, six weeks after firing them all.

Those reinstated included two High Court justices who previously ruled that the military’s 2006 coup was legal.

All practicing certificates will expire on June 30.

For more information, please see:

Radio New Zealand – New Zealand Law Society – New Zealand Law Society says Fiji’s regime further threatening independence of legal system – 25 May 2009

The New Zealand Herald – Law Society says Fiji raid ‘serious development’ – 25 May 2009

The New Lawyer – Fiji law society attack angers Aus lawyers – 25 May 2009

Fiji Courts Reopen Even Without the Chief Justice

By Hayley J. Campbell
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji – The Higher Courts have reopened in Fiji today, but without the Chief Justice, who has gone on leave.

Seven weeks ago, Fiji’s president, Ratu Josefa Iloilo, declared himself head of state. He repealed Fiji’s Constitution and dismissed judicial members. Last month, Fiji’s President made a new decree which established the Supreme Court, Court of Appeal, the High Court and other courts as necessary. This decree made it possible for a chief justice to be sworn in, as well as other judiciary members. Those members were appointed amidst growing concerns over the new court system’s independence.

But Chief Justice Gates disagrees with those concerns. He says that, after witnessing five previous coups and dismissals of the judiciary, this time judges will stay on and help get more judicial members appointed.

“From such efforts will emerge a truly independent judiciary and in time a closer approximation to the rule of law than we have had in 20 years or more,” Chief Justice Gates said.

New judicial members were sworn in last Friday which included Chief Justice, Anthony Gates. Other appointed High Court judges included Justices Devendra Pathik, Daniel Gounder, and Sosefa Inoke. The interim government is expected to appoint more judicial members soon.

Although the courts reopen Monday, Chief Justice Gates is on leave until next week. His office expects he will resume work as soon as he returns.

For more information, please see:
Radio New Zealand International – Fiji higher courts reopen but Chief Justice takes leave – 25 May 2009

Fiji Daily Post – Avoiding the ’87 mistake – 25 May 2009

BBC News – Fijian leader reinstates judges – 22 May 2009