Oceania

American Samoa to Deal With Human Trafficking

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

American Samoa – Director of Homeland Security, Tualamalesala Mike Sala, has been asked by lawmakers to help draft legislation that will plug loopholes leading to human trafficking in American Samoa.  The US Justice Department highlighted the Daewoosa Samoa case in which almost 200 Vietnamese and Chinese women worked as slaves at a local garment factory.  The Daewoosa Samoa case was one of the worst cases of human trafficking in recent history.
A prostitution racked was also uncovered in 2007 which was an example of illegal activity profiting from relaxed enforcement of immigration laws.  During the confirmation hearing of Mr. Sala, Representative Archie Taotasi Soliai asked him to focus on what can be done.  Mr. Soliai said, “Now as legislators we would depend on you to maybe provide some recommendations or perhaps introduce legislative action to try and prevent all these problems and plug the holes with respect to our immigration issues.”  Mr. Soliai said he believes one of the major contributing factors to human trafficking here relates to immigration issues.  Mr. Sala said he agrees with the observation.
Mr. Taotasi went on to say, “It is in the best interest of our people to collaborate and work together with you.  We depend on you to provide information for legislation to plug the holes in immigration laws which will prevent human trafficking.”  Mr. Taotasi asked Mr. Sala to submit a list of recommendations to draft proper legislation dealing with human trafficking.
Three years ago human trafficking legislation was introduced in the Senate but the bill was defeated when no action was taken.  The measure was to create local laws dealing with human trafficking.
For more information, please see:
Radio New Zealand International – Calls in American Samoa to plug loopholes that has led to human trafficking – 30 January 2009

Fiji Calls Pacific Forum Ultimatum Akin to Declaring War

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Following a decision to possibly suspend Fiji from the Pacific Forum, Fiji’s interim prime minister has accused Pacific leaders of all but declaring war on Fiji.

New Zealand’s Prime Minister, John Key, meanwhile, has called interim prime minister Commodore Frank Bainimarama’s reaction “ridiculous.”

On Tuesday, the Pacific Forum, an association of over sixteen independent and self-governing Pacific states, met in Papua New Guinea to discuss placing sanctions on Fiji for Bainimarama’s refusal to set a date for holding democratic elections.

Forum members voted on whether to ban Fiji from future meetings, as well as, suspend any development aid and technical assistance if Fiji has not set a date for elections by May 1, 2009.

Mr. Key has defended the Forum’s stance, saying the group has Fiji’s best interest in mind.

“They are totally ridiculous statement for Frank Bainimarama to be making and as far as we are concerned, the Forum wants Fiji to succeed, we extended a hand of friendship but that hand of friendship has to be done in a way where Fiji needs to understand that there needs to be a return to democracy,” Key said.

For more information, please see:
International Herald Tribune – Little chance seen of Fiji caving to pressure – 28 January 2009

Radio New Zealand International – New Zealand’s PM says Bainimarama reaction is ’ridiculous’ – 28 January 2009

Radio New Zealand International – NZ and Solomons PMs defend Forum’s decision on Fiji – 28 January 2009

Fiji Times Publisher Deported

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

Image Courtesy of Fiji Times

Small Rex SUVA, Fiji – Rex Gardner, Fiji Times publisher and acting CEO, was declared a prohibited immigrant this week and was ordered out of the country by the interim Government.  The deportation follows a High Court ruling last week in which the newspaper was found in contempt of court and fined for publishing a letter criticizing the court’s validation of the 2006 military coup.  Mr. Gardner is the third newspaper publisher to be deported from Fiji in less than a year.  He was given his Removal Order at his office which was signed on Friday by the permanent secretary for Defense, National Security and Immigration, Peniame Naqasima.  Mr. Gardner was scheduled to meet Immigration officers yesterday afternoon but they failed to show up to the meeting.  He was classified as a prohibited immigrant under section 13(2)g of the Immigration Act of 2003, a clause of the act he called “obscure.”

Mr. Gardner is being deported eight months after his predecessor was also ordered out of Fiji.  In May Australian publisher Evan Hannah was deported amid claims he was a security threat.  In February of last year Russell Hunter of the Fiji Sun newspaper was deported following the publication of a series of controversial articles.

Immigration Director, Viliame Naupoto, confirmed Mr. Gardner will fly out of Fiji on Tuesday morning.  “It is because of his guilty plea on contempt of court,” said Mr. Naupoto.  The Immigration Director claimed the guilty plea put him in breach of his work permit and that the action is consistent with other foreign nationals that were deported.

Pacific Media Freedom Forum says the deportation is despicable and unacceptable.  Online co-chair, Monica Miller, criticized the move, saying that working in the Fiji media has become increasingly difficult due to the lack of media freedom.

Fiji Law Society president, Dorsami Naidu, said the action by the interim Government marked a sad day for democracy in Fiji.  Mr. Naidu said that if a person breaches his work permit there are processes to be followed allowing that person to present their case in court.  He continued, “This is a draconian way of doing things where the order is given in the evening when the courts are closed.”

For more information, please see:
Radio New Zealand International – Pacific journalist group says deportation of second Fiji Times publisher is despicable – 26 January 2009

The West Australian – Fiji Times publisher to be deported – 26 January 2009

Fiji Times – Deported – 27 January 2009

Fiji Times – A nation’s prayer – 27 January 2009

Fiji Times – Major setback, says FABC – 27 January 2009

Pacific Leaders Will Meet Despite Fiji’s Absence

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Leaders from around the South Pacific are traveling to Papua New Guinea for a meeting of the Pacific Islands Forum.

The Pacific Islands Forum represents over sixteen independent and self-governing states. Forum leaders meet to address issues involving the peace, harmony, security or economic prosperity of the participating Pacific nations.

The focus of this meeting will be on Fiji, and whether the Forum will suspend Fiji from the group for refusing to hold democratic elections in 2009.

On Friday, Fiji’s interim prime minister, Commodore Frank Bainimarama, announced he would not attend the meeting. Leaders from New Zealand and Australia have expressed their disappointment that Bainimarama will not appear to discuss the restoration of democracy in Fiji.

Fiji’s Interim Attorney General, Aiyaz Sayed Khayu, is flying to PNG today to take Bainimarama’s place. Bainimarama had considered sending either the interim attorney general or Fiji’s interim foreign affairs secretary, Ratu Isoa Gavidi. But Isoa Gavidi is currently suspended from his government position for commenting on a political matter in breach of Fiji’s civil service code of conduct.

The meeting in Port Moresby was almost called off last week after leaders from Fiji and Papua New Guinea postponed it without the consent of the Forum members.

The meeting has been rescheduled, however, for Tuesday the 27th.

For more information, please see:
Radio New Zealand International – Forum leaders begin to gather in PNG for special meeting on Fiji – 25 January 2009

The Australian – Pacific Leaders Forum back on – 26 January 2009

ABC News – Pacific forum to go ahead – 24 January 2009

Fiji Times Fined Over Article, Editor Sentenced to Jail

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji Times, Fiji’s oldest newspaper, has been fined US $54,000 by the High Court today over the publication of a letter to the editor in October criticizing the court’s validation of the 2006 military coup.  Fiji Times has to pay the fine within 27 days.  It was ordered that the newspaper’s chairman, Ross McDonald, enter a bond of $50,000 on behalf of the paper which is to be refunded after the fine is paid in full.  The editor-in-chief, Netani Rika, has been sentenced to three months imprisonment and has been suspended for two years.  Publisher Rex Gardener has been discharged on the condition he enters into a bond without surety and he is on good behavior for a period of 12 months.

The Fiji Times had admitted guilt and published admissions of contempt of court when they published a letter to the editor from a person residing in Queensland and offered to pay costs.  The Attorney-General, however, was not satisfied with the apologies and urged for the imposition of hefty penalties.  Judge Thomas Hickie said while judges were neither immune to criticism nor infallible, the freedom of expression had been grossly abused in this case.  Solicitor General Christopher Pryde said he was pleased with the ruling because it sends a strong message to media organizations to report responsibly.

The International Federation of Journalists (IFJ) says it is “outraged” at the fine and suspended prison sentence.  IFJ Asia-Pacific director, Jacqueline Park, said in a statement, “The IFJ is alarmed that the publication of a letter to the editor has resulted in such a heavy penalty against the newspaper and its editor.”  Ms. Park continued, “The court’s decision has serious implications for Fiji’s media and the right to free expression, in an environment where freedom of the press has been sorely tested over the past year.”  Her statement said that in a restrictive environment, the IFJ was concerned about the military government’s proposed new media law, and the failure to engage in consultation for input on the proposal.  The IFJ represents over 600,000 journalists in 120 countries.

A similar lawsuit against the Daily Post will be heard in April.  The Daily Post published the same letter.

For more information, please see:
Pacific Islands Report – Fiji Newspaper Fined, Editors Sentenced To Jail – 23 January 2009

Fiji Times Online – World body ‘outraged’ at fine – 23 January 2009

Islands Business – Fiji Times fined $100K over article – 23 January 2009