By Hayley J. Campbell
Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea – Papua New Guinea’s Prime Minister has reaffirmed his commitment to assist Fiji’s transition to a parliamentary democracy in 2009.

While traveling to Nadi, Fiji’s Interim Prime Minister, Commodore Bainimarama, stopped in Port Moresby to meet with PNG Prime Minister, Sir Michael Somare. Bainimarama briefed Somare on the political situation in Fiji as well as the challenges Fiji faces as it plans to hold democratic elections in 2009.

The leaders discussed the Draft People’s Charter for Change and the Peace and Progress, two controversial reforms which would amend Fiji’s 1997 Constitution. Bainimarama told Sir Michael that “basically the electoral reforms being proposed seek to remove the current race-based electoral provisions in law and replace it with a one-person, one-vote system – representing equal rights of all Fijians.”

Dispute over the drafting of the People’s Charter for Change, Peace and Progress stems from the 2006 military coup of Fiji’s Federal Government. Since that time, the ousted SDL Party has expressed growing concerns that the interim government will not make good on its promise to restore democracy. In October, a three judge court validated the 2006 coup, giving legitimacy to the interim government.

Meanwhile, a new group, known as the Movement for Democracy, has banded together to push the interim prime minister to make good on his promise to hold democratic elections. The group consists of NGOs and political parties, including the SDL party, and the National Federation Party.

Mr. Peter Emberson, a representative from the Pacific Concerns Resource Centre, says that the goal of the group is to uphold the law and promote human rights.

For more information, please see:
Radio New Zealand International – Two years after Fiji coup, movement launched to push for return to democracy – 05 December 2008

Pacific Magazine – Bainimarama Briefs Somare On Fiji Political Situation – 07 December 2008

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

KOLOFO’OU, Tonga– In downtown Kolofo’ou in Nuku’alofa, Tonga’s capital, some residents are speaking out in support of the ongoing extension of the emergency powers in the Central Business District of Nuku’alofa.  The emergency powers have been enforced since November of 2006 when riots led to the death of eight people and millions of dollars in damage.  Rioters burned down most of the major shops and businesses in town.  The emergency powers lapsed in August of this year but were renewed in September.  The renewed emergency powers give soldiers and police a wider ability to detain and arrest.

A number of people expressed disappointment and anger in the prolonged enforcement of the emergency powers.  They claim their freedom is being restricted.  But Tevita Manu Fasi, the town officer of Kolofo’ou, has told Radio & TV Tonga News that he believes the government and authorities should continue protecting  the town so the residents can live in a safe environment.  Mr. Fasi said, “I understand some people say they’re being affected in their movement and feel secluded because of the ongoing imposition of the emergency powers in Nuku’alofa but I know those people do not live here in the capital.”

Another resident, Tu’ipolutu ‘Ilavalu, claims the ongoing enforcement of the emergency powers is to ensure that everyone is safe, especially the city’s residents and businesses.  Ms. ‘Ilavalu said, “I understand that with the emergency powers some freedom is not restricted like the freedom of movement but we fear that some men trespass from time to time and they consume liquor in town, they’re people we do not know.  Such behavior never occurred in this town before.”

The Prime Minister, acting on the advice of the Minister of Police, has formed the opinion that public order in the Nuku’alofa area continues to be seriously threatened and it is necessary to keep the emergency powers in that area.

For more information, please see:

Tonga Broadcasting Commission – Kolofo’ou residents support ongoing enforcement of emergency powers – 05 December 2008

Radio New Zealand International – Some residents in Tonga capital speak out in support of emergency powers continuing – 05 December 2008

Radio New Zealand International – Anger in Tonga after emergency police powers put back in place – 10 September 2008

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji – The Fiji Human Rights Commission has instituted a set of strict conditions that must be met before foreign missions are allowed to review Fiji’s laws.

Establishment of the new policy follows allegations that Fiji’s interim attorney general, Sayed-Khaiyum,  threatened a group of lawyers planning to conduct a review of Fiji’s justice system. Last week, the London-based, International Business Association (IBA) claimed they received a letter from the interim-attorney-general which made clear that the interim government would not welcome the group and would take “appropriate steps” if IBA delegates came to Fiji.

While Mr. Sayed-Khaiyum denied these allegations, the interim government has barred the IBA in the past from reviewing Fiji’s justice system.

Dr. Shaista Shameem, chairperson to the Fiji Human Rights Commission, says that the new policy calls for “advance comprehensive terms of reference and information about the purpose of the visit as well as an opportunity to discuss findings before their publication.”

According to Dr. Shameem, the purpose of this policy is to protect the Commission’s intellectual property rights. Dr. Shameem argued, “While many foreign visitors and missions pontificated about the rule of law and good governance, they did not practice the basic and minimum principles of due process by discussing the findings with the relevant agencies of the State before publishing them or sending them to other international agencies for action.”

Dr. Shameem added that the Commission will no longer stand for, what they consider, are pointless questions.

For more information, please see:
Radio New Zealand International – Fiji interim AG denies claims he threatened IBA group – 26 November 2008

AFP – Fiji blocks International Bar Association visit – 26 November 2008

Fiji Times – FHRC refuses to meet with foreign missions – 03 December 2008

Radio New Zealand Interational – Fiji Human Rights Commission sets new terms to meet foreign teams – 03 December 2008

FijiLive – FHRC gets strict on foreign missions – 03 December 2008

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji – Fiji’s interim government is seeking jail sentences for another newspaper editor and publisher over contempt of court charges.  The interim Attorney General is in the midst of a contempt proceeding against the Fiji Times editor and publisher because they published a letter to the editor which criticized the High Court ruling that declared the 2006 coup legal.  A second newspaper, the Fiji Daily Post, will make its first appearance in court tomorrow.  The Attorney General has said he is seeking a jail sentence against its editor, Robert Wolfgramm, and Australian-based publisher, Allan Hickling.

Deputy Information Secretary, Major Neumi Leweni, was one of the speakers at the 10th Attorney Generals Conference near Sigatoka where he confirmed that the interim Government has no plan to curtail media freedom even though they are working on media promulgation.  Major Leweni said the interim Prime Minister Commodore Voreqe Bainimarama has assured Fiji during the World Press Freedom Day that media freedom in the nation is guaranteed under the Constitution.

Major Leweni said, “Government recognizes that the media has a significant part to play in conveying information for the purposes of informing, educating and entertaining the public, and that information ranges from the more serious issues of politics, economic, social and cultural interests to the lesser serious matters of entertainment and sports, etc, depending on one’s perception.”

Major Leweni also said the Government recognizes that it needs to foster and cultivate an improved relationship with the media as partners in national development.

For more information, please see:

Fiji Government – Major Leweni – Address at the 10th Attorney-General’s Conference – 1 December 2008

Fijilive – We Will Not Curtail Media Freedom: Govt – 30 November 2008

Fijilive – Army work not appreciated: Major Leweni – 29 November 2008

Pacific Islands Report – Fiji Military Government Takes Aim at Editors – 28 November 2008

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia – Two West Papuan refugees were discovered in Jakarta today after they went missing from their home in Australia two weeks ago. Supporters of the Papuan separatist movement have raised concerns over whether the Indonesian government coerced the refugees’ return for “propaganda purposes.”

In 2006, Yunus Wanggai, age 43, and his daughter Anike, age 7 made the dangerous sail from Merauke, Indonesia to Cape York, Australia. Mr. Wanggai and his daughter were among several separatists who claim they were victims of persecution by the Indonesian government. The Australian government granted Mr. Wanggai and his daughter refugee status, and before returning to Indonesia, they were on the path to receiving permanent Australian residency.

Mr. Wanggai’s wife, Siti, did not go to Australia but instead fled to Papua New Guinea before continuing to Vanuatu. Ms. Wanggai is awaiting Australia’s decision whether to grant her refugee status, but in the meantime, must remain in Papua with a sick older daughter. Mr. Wanggai decided to return to Indonesia because his wife had to stay behind.

“I miss my family. I want to be together with my family again,” Mr. Wanggai said today after arriving in Indonesia.

Political instability and public protests have long marked Papua’s history. Once a Dutch colony on New Guinea’s western end, Papua became Indonesia’s largest province in 1969. Violence erupted in 2003 after President Megawati Sukarnoputri separated Papua into three provinces: Central Irian Jaya (Irian Jaya Tengah), Papua (or East Irian Jaya, Irian Jaya Timur), and West Irian Jaya (Irian Jaya Barat). But the establishment of the central province was declared unconstitutional by Indonesian courts as a violation of Papua’s Special Autonomy status.

The separation has divided Papuans who protest the Indonesian military for allegedly violating human rights. Many Papuans complain that the money earned from Papua’s natural resources mostly ends up profiting Jakarta. As a result, many Papuans have been campaigning peacefully for independence from Indonesia.

After a two week disappearance, members of Australia’s West Papuan independence movement are concerned that the Indonesian government coerced Mr. Wanggai to return to Indonesia for “propaganda purposes.” The Indonesian government denies all claims, however, that any sort of intelligence operation was conducted.

Nick Chesterfield, a Melbourne-based Papuan activist said, “We still have concerns about the manner which they were repatriated, the secrecy surrounding it, and that there was pressure brought to brought to bear on them.”

For more information, please see:
Radio New Zealand International – Concern over two Papuan refugees missing in Australia – 28 November 2008

ABC News – Indonesia denies intelligence operation in Aust – 29 November 2008

Sydney Morning Herald – Papuan asylum seekers return to Indonesia – 30 November 2008

The Age, Australia – Indonesian refugees return to their homeland – 30 November 2008