Oceania

Niue MP Wants Human Rights Law

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

WELLINGTON, New Zealand– Terry Coe, a Niue MP, says his country will need to put human rights standards in place for all immigrants planning to live on the island nation.  Twelve Indian men were taken to Niue over two years ago after they were promised jobs and possibly land.  After reportedly paying a New Zealand Indian tens of thousands of dollars, the men were never given jobs and had to live in squalid conditions.  The New Zealand government payed for the airfare of nine of the Punjabi men being flown back to India because the Niue government could not afford it.

The New Zealand High Commissioner to Niue, Bryan Smythe, said New Zealand had no option but to pay the fares, “These nine had been left here in most unfortunate circumstances.  They had been misled when they were brought here and they were not facing good conditions at all in Niue, with an ongoing problem that needed to be resolved and this was the best way of sorting it out.”  Niue has been in free association with the government of New Zealand in 1974, with their constitution providing that New Zealand will provide necessary economic and administrative assistance.  The people of Niue are New Zealand citizens.

The Indian men had been denied transit through Auckland, which is the only airport with regular links with Niue. Mr. Smythe said three of the twelve men have remained on Niue.

Mr. Coe said that Niue signed the United Nations human rights convention and some areas need to be addressed, “We don’t have any legislation, but it’s probably necessary if you sign the UN document then you become part of that document.  And that keeps one standard throughout the world on human rights, which we should abide by.”

Toke Talagi, the Niue Premier, has said there will be greater scrutiny of any similar groups coming to the island in the future.

For more information, please see:

Pacific Islands Report – Niue Lawmaker Wants Human Rights Law – 25 December 2008

Radio New Zealand International – Niue MP says country will need to implement human rights standards – 23 December 2008

Pacific Islands Report – Nine Indians Stranded on Niue for Two Years – 19 December 2008

Government of Niue

BRIEF: Fiji Law Society Says Chief Justice Appointment Illegal

SUVA, Fiji – The appointment of the new chief justice, Anthony Gates, has sparked controversy in Fiji.  Gates replaced Daniel Fatiaki who resigned at the beginning of December, almost two years after the military-led interim government suspended him.  Under Fiji’s constitution, an elected prime minister chooses the chief justice in consultation with the opposition.  This recommendation then goes to the president.

Dorsami Naidu, the Fiji Law Society’s president, says that since that process has not been followed in the appointment of Anthony Gates as Chief Justice, it is unlawful.  Mr. Naidu stated, “Why do they shout from their rooftops that the constitution is in place when they have cannibalized the constitution as it were and any appointment made by this regime is unlawful.  They can make these appointments because they are in effective control of the country, but let’s not hide behind the facade.”

Mr. Naidu says anyone appointed to the office of Chief Justice must be above question, and that Anthony Gates does not fit that description.

For more information, please see:

Radio New Zealand International – Fiji’s interim regime’s accused of illegally appointing new Chief Justice – 22 December 2008

Talks to Resolve NZ, Fiji Travel Bans Continue

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – Government officials met yesterday after Fiji’s interim government threatened to expel New Zealand’s acting High Commissioner on Wednesday.

Fiji’s interim prime minister, Commodore Frank Bainimarama, announced last week that Caroline McDonald, NZ High Commissioner, would be kicked out of Fiji as punishment for travel bans imposed on Fiji.

Both Australia and New Zealand put into travel sanctions into place to demonstrate the countries’ disapproval of Bainimarama’s bloodless military coup of Fiji’s federal government in 2006. Tensions between Fiji and the Pacific community have increased since a Fiji High Court declared the military coup legal in October. Fiji’s ousted prime minister, Laisenia Qarase, has challenged that judgment, calling it a “miscarriage of justice.” An appeal of that decision is scheduled to be heard in March 2009.

Although Fiji threatened to expel Ms. McDonald yesterday, the countries are still negotiating and attempting to work through the impasse. A meeting was scheduled for 6 o’clock last night, although Fiji officials have not commented on the results of that discussion.

Interim Immigration Minister Ratu Epeli Ganilau has denied, however, that any such request to throw Ms. McDonald out has been made.

“Nothing has come through to me,” Ganilau said.

Meanwhile, Bainimarama has spoken publicly this week, indicating that he will not give into pressure, “no matter how harsh, debilitating and cruel such sanctions might be, even to the poor, the young and the innocent.”

For more information, please see:
FijiLive – No word on NZ envoy expulsion – 21 December 2008

FijiLive – NZ, Fiji seek way out of impasse – 20 December 2008

President of Fiji Approves People’s Charter Listen to this article. Powered by Odiogo.com

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji– The final version of the People’s Charter was presented to Fiji’s President Ratu Josefa Iloilo on the fifteenth of December.  In a letter to the interim Prime Minister Commodore Frank Bainimarama, the President conveyed his full concurrence with the contents of the Report of the National Council for Building a Better Fiji (NCBBF) on the People’s Charter for Change, Peace, and Progress.  President Iloilo announced his agreement after a careful study of the report.  He has invited the Interim Government to start implementation of all of its recommendations.

President Iloilo believes the report contains the wisdom and foresight that will move Fiji forward.  He said further that this is a monumental occasion in our history as it endeavors to move forward with a shared vision to build a prosperous and peaceful Fiji.

The President also expressed gratitude for the efforts of the NCBBF and the citizens who assisted in the compilation of the Report.

For more information, please see:

Pacific Islands Report – Final Version of Fiji ‘People’s Charter’ Completed – 5 December 2008

Fiji Government – President approves Charter report – 19 December 2008

Radio New Zealand International – Fiji’s President approves interim regime’s Peoples Charter – 19 December 2008

Tensions High as Fiji Plans to Expel NZ High Commissioner

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – This afternoon, Fiji’s interim government plans to expel New Zealand’s acting High Commissioner over travel sanctions.

FijiLive reports that interim prime minister, Commodore Frank Bainimarama, is throwing High Commissioner, Caroline McDonald, out of the country in response to what he perceives are unfair travel bans on family and members of the interim government.

New Zealand and Australia introduced travel bans to punish Fiji for Bainimarama’s bloodless military coup of Fiji’s Federal government in 2006. Tensions between Fiji and the Pacific community have increased since a High Court in Fiji declared the military coup legal in October. Fiji’s ousted prime minister, Laisenia Qarase, has challenged that judgment, calling it a “miscarriage of justice.” An appeal of that decision is scheduled to be heard in March 2009.

According to reports, New Zealand’s Foreign Affairs Minister, Murray McCully, spoke with Bainimarama over the phone yesterday.

“There’s been no agreed pathway” for resolving the issue. It’s work in progress. … Taking the matter forward is in the hands of the Fijians now. We want our acting High Commissioner to stay there,” McCully said.

Meanwhile, Australia’s Foreign Minister, Stephen Smith says that his country will not be removing travel bans until the political situation in Fiji is addressed.

“Australia will continue with its travel bans… until such time as we see the interim Fiji government moving towards and making progress to an election and the restoration of democracy and the rule of law in Fiji,” Smith said.

For more information, please see:
ABC News – Fiji to expel NZ’s acting High Commissioner: reports – 17 December 2008

International Herald Tribune – NZ diplo faces Fiji expulsion in sanctions dispute – 17 December 2008

The National Business Review – Report claims NZ envoy to be expelled from Fiji today – 17 December 2008

TVNZ – Diplomat still at her Fiji post – 17 December 2008