By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — Ousted Fijian Prime Minister Lasenia Qarase, long an outspoken critic of Fiji’s interim government, has come out this week in opposition to the draft of the proposed People’s Charter.  According to Qarase the draft, as written, will do more to divide the people of Fiji than it will do to unite them.

He has particular concern about the role of Fiji’s Constitution under the new proposed system.  He has said that charter is talking out of both sides its mouth with regard to the Constitution.  “While on one hand they say the supreme law of the land will be the constitution, they are saying that the electoral reforms will have to be in place before the election, and to do that you would need to change the constitution, so they are simply suggesting that the charter will be stronger.”

Qarase has also expressed concern that the Charter to expand Fijian racial divides.  “For the indigenous population it would violate their rights to property (land reforms), as well as their rights to a separate Fijian administration,” he said.

For more information, please see:
Radio New Zealand International — Ousted Fiji PM says new charter fuels divisions — 07 August 2008

Fiji Broadcasting Corporation Limited — Political Parties reject Charter — 09 August 2008

Fiji Daily Post — PEOPLE’S CHARTER WILL ‘DIVIDE FIJI’ — 08 August 2008

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SUVA, Fiji — Among the items included in the draft of the proposed People’s Charter is that Fiji’s military play a greater role in the governance of Fiji.  NGOs have come out to say that the role of the military should not be expanded in Fiji.

Angie Heffernan, executive director of the Pacific Center for Public Integrity,  said that there is no need to expand the military’s role, because its role is already fully explained by the Constitution.  If anything, Heffernan said, the military should be downsized.  “Fiji has a military strength that is ridiculous for the size of Its population, and as long as we feed the monster that we have chosen not to take to task, Fiji will continue to be vulnerable to coups perpetuated with the help of the military,” she said.

The Pacific Concerns Resource Centre has also condemned the suggestion, saying that the military’s involvement in the last three coups demonstrate that the military should not be brought any closer to governance.  “We don’t agree with the recommendation that it should even be involved any further than what we are currently experiencing,” Ema Tagicakibau, campaign director for the PCRC, said.  “If what we are going through is any indication of what future military involvement will be like then I think every law abiding citizen of this country must strongly condemn that call.”

For more information, please see:
Fiji Times — Reject military’s expanded goal: NGO — 07 August 2008

Radio New Zealand International — PCRC opposes Fiji charter’s role for military — 06 August 2008

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SUVA, Fiji — The National Council for Building a Better Fiji has released a draft of its much anticipated People’s Charter on Wednesday.  The draft was released and will be distributed to the public for discussion and consultation.  It is hoped that the draft will be ready to be presented to the President of Fiji by October.

According to council member, Josefa Serulagilagi, the aim of the Charter is to guarantee good governance and provide for social and economic development.  “What we would like to do is to really take out what is always called the coup culture in this country, and if we can, develop a kind of system whereby we move forward, and have solutions, so that we make sure that we don’t have that kind of attitudes in the minds of the people,” Serulagilagi said.

Among the proposed changes in the Charter is to change to convert the Fiji electoral system to proportionate representation, to adopt “12 principles” to end the coup culture and to reduce poverty to negligible levels by 2015.

For more information, please see:
Fiji Daily Post News — The People’s Charter and the Way Forward – Summary — 07 August 2008

Radio New Zealand International — Fiji says it may need help to fund Charter consultation — 06 August 2008

Radio New Zealand International — Fiji council releases draft charter aimed at ending coup culture — 06 August 2008

By Christopher Gehrke
Impunity Watch Senior Desk Officer, South America

CANBERRA, Australia – Over thirty years of state government opposition to indigenous control of land was reversed today when the Australian government returned its largest remaining tract of rainforest to Cape York Aborigines.

Cape York, 695 square miles, has a human population of just 15,000.  According to Reuters, Aborigines have inhabited for 45,000 years.  They have higher rates of unemployment, substance abuse and domestic violence than other Australians.  Kevin Rudd, the Prime Minister, apologized to Aborigines in February for 200 years of injustices stemming from Britain’s colonization.

Aborigines have been making steady gains in reaching land agreements allowing them to use traditional lands for their own benefit.  Experts believe that the Cape York land handed over will yield ecotourism opportunities.

For more information, please see:

Reuters – Australian Aborigines get pristine forest back – 5 August 2008

ABC News – Qld Govt hands back national park to owners – 6 August 2008

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MEXICO CITY, Mexico – Delegates at a major AIDS conference in Mexico city cited cases of fisherwomen in the Pacific offering sex for food.  This is seen as another consequence of rising food prices, and is raising the rise of HIV infection, U.N. officials said Monday.

According to the U.N. overfishing of tuna in the Pacific has forced Papua New Guinea fisherwomen to join the crews of larger boats, where they engage in “fish for sex” deals.

For more information, please see:

ABC News – AIDS Threat:  Trading Sex for Food – 4 August 2008

Radio New Zealand – UN says HIV spreads by Pacific women selling sex for food – 5 August 2008

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JAKARTA, Indonesia – Human sex trafficking thrives in Indonesia due to extreme poverty, reports the UN Office for the Coordination of Humanitarian Affairs.

“The root of the problem is poverty, but in some areas…prostitution is accepted.  It’s the culture,” explains the International Labor Organization’s Arum Ratnawati, describing people so poor they sell or send their children into commercial sex work to earn income for their families.

Over 4 million schoolchildren are unable to go to school in Indonesia, and 70,000 were trafficked for prostitution.  Most girls are tricked into prostitution by family members, relatives, or other people they trust who promise them jobs.  They are often forced to pay off the debt the trafficker paid their parents in brothels, between $55-$110.

For more information, please see:

IRIN – INDONESIA:  Poverty at root of commercial sex work – 24 July 2008

The New Nation – Don’t make women trade-item for tourism – 18 July 2008

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — The National Council for Building a Better Fiji has nearly completed its first draft of its National Charter and it will be disseminating it to the public next week.  Discussions are ongoing about the best way to distribute the document to the populace, the document will first have to be endorsed by the entire council (a process which should happen this week).

Once the draft has been released to the public, a consultation phase will begin that will last until September, said Council member Filimoni Kau.  He added that any objections from the public will be taken into consideration.

While objections will be noted, council members were sure to point out that objections would not derail the process.  “However, the charter will still have to go ahead despite any objections,” said Kau.  “It is clear that we want to move forward and whatever people say will not hurt us a bit.”  Another member of the draft team, Adi Finau Tabakaucoro, also told Fijilive that the Charter process would proceed despite objections

The first draft of the document is scheduled for presentation to President Ratu Josefa Iloilo on 10 October, after consultations with the three provincial divisions are finished.

For more information, please see:
Fiji Times — Draft Charter to be ready in October — 01 August 2008

Fijilive — People’s Charter draft ready for public — 31 July 2008

Radio New Zealand International — Fiji’s council for Building a Better Fiji close to release of draft charter — 31 July 2008
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SUVA, Fiji — Human rights organizations have called for a reevaluation of police protocol this week, after an escaped prisoner was sent to the emergency room in critical condition after his recapture by Fiji Police.  Jo Baleiloa was admitted to Suva’s War Memorial Hospital Thursday with several cuts on his head and with all of his fingers and both his legs broken; he was taken to surgery the same day, but he remains on life support.

The Non-Governmental Organisations Coalition on Human Rights has decried the incident and has called for a detailed investigation. “Authorities must urgently address this violence in the police force so that the Fiji public, particularly women who often face violence in their own homes, feel that police stations are safe place,” Chair Virisila Buadromo said. “These rights are protected by international law, and by our own Constitution. While we appreciate the role of police officers in our community, we absolutely abhor this alleged violent assault against Baleiloa.”

Also raising her voice against police protocol is Anisa Naukila the mother of Tevita Malasebe, a rugby player who died as a result of a beating received while in police custody.  Naukila said that, “What they did to my son again happened to the boy. It’s the same injury that my son had. From head to toe. I’ve only seen it on TV but I want to go down to the hospital to see the boy. They haven’t learned. I just don’t know what’s wrong, what’s going on.”

A police spokesman said that the police will be conducting an investigation and is taking the matter very seriously.  “The commissioner has not said to have an inquiry as yet. He has had a talk with our minister, the minister of defence, obviously there’s going to be an internal inquiry into the issue surrounding the arrest of Mr Baleiloa from police to our officers, but at the moment it hasn’t begun.”

For more information, please see:
Solomon Star — Further condemnation of Fiji Police Methods — 01 August 2008

Fiji Times — Pressure on authorities to probe Baleilo bashing — 01 August 2008

Radio New Zealand International — Fiji NGO calls for end to police brutality — 31 July 2008

Radio New Zealand International — Fiji police to probe arrest of escaped prisoner — 31 July 2008

Radio New Zealand International — Further condemnation of Fiji police methods — 31 July 2008

Fiji Daily Post — Address violence, says human rights body — 31 July 2008

Fiji Times — Stop brutality: NGO — 30 July 2008

Fiji Times — Baleiloa still in critical state — 30 July 2008

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SUVA, Fiji — This week the Fiji Electoral Committee confirmed that Fiji will not hold democratic elections next march, as had been originally envisioned.  The Committee chairman Mohammed Kamal Ud Dean Sahu Khan told Radio Fiji that changes needed to be made to the electoral system before any election could be held and that such changes would take between 12 and 15 months.  While it is not known what changes will have to be made, the Committee suggested that new electoral boundaries might be needed.  “The Commission was putting great effort to ensure that elections are free, fair and transparent,” Mr Khan said. “So basically the electoral commission is not concerned with the reforms that the government is putting in place but we are an independent commission and we would like to continue with our work so that the people know that the election commission is not sitting idle.”

Fiji’s interim Prime Minister Frank Bainimarama made similar comments about the necessity of delaying elections in earlier in July.

For more information, please see:
Fiji Times — Poll will take time: Khan — 25 July 2008

Radio New Zealand International — Fiji Electoral Commission confirms poll delays — 25 July 2008

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — The Fiji military council is reported to be once again calling for the ouster of Fiji’s interim finance minister Mahendra Chaudhry, but no official comment has been released by either the military or the interim government concerning the reasoning.  The speculation rose to the point where rumors were circulated among Fiji’s political circles that Chaudhry had been sacked.  Interim prime minister Frank Bainimarama, however, was clear that the finance minister had not been asked to resign.

Previously Chaudhry was under pressure to leave government due to allegations from the Fiji Times of inconsistencies in his taxes (an interim government investigation cleared him of any wrong doing).  The current tensions are reported to arise regarding differences of opinion regarding a proposed taxation on bottled water.

For more information, please see:

Fiji Times — Military keeps cards close to chest — 26 July 2008

Radio New Zealand International — Speculation in Fiji over Chaudhry’s continued role as interim finance minister — 24 July 2008

Radio New Zealand International — Fiji interim PM says Chaudhry stays despite differences over tax — 24 July 2008

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NADI, Fiji — Addressing the Fiji Law Society, former Fiji High Court justice Gerard Winters said that the Pacific should consider creating a Pacific Court to offer legal analysis and hear certain cases.  He said that such a court, which could be based in Vanuatu, would serve as the paramount court for hearing cases arising out of Fiji.  Such a court, he explained, such a court is workable because of the close bonds that exist among Pacific nations.

Professor Brian Opeskin, of the University of the South Pacific, thought that the idea should be encouraged.  “I think this is just another mechanism that can be considered in order to try and make the region a strong one that can ensure the rule of law across the region and to avoid problems of political instability and problems with law and order that we have seen arise from time to time across the region,” he said.  “So the idea of strengthening judicial services including through the court is certainly a good one that needs to be explored.”

Dr. Shaista Shameem, chairperson of the Fiji Human Rights Commission, is not as optimistic that the planned court is workable.  Noting that the idea is about 30 years old, she said that Pacific countries are too legally and socially diverse for such a court to function.  “It [would require] acceptance by member states and at present this seems somewhat remote since there is no common human rights or legal identity or mechanism that everyone can agree with, beyond just New Zealand and its dependencies in the Pacific.”

For more information, please see:
Radio New Zealand International — Academic backs call for Pacific Court — 21 July 2008

Fiji Times — Legal plan ‘now new’ — 20 July 2008

Fijilive — Pacific Court notion revisited — 19 July 2008
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SUVA, Fiji — Fiji’s interim Prime Minister has said in recent weeks that the electoral and social reforms needed in Fiji are unlikely to be realized before next March’s election deadline and as such democratic elections will probably not be held as promised.  These comments have sparked controversy from multiple corners, among them the president of the Fiji Law Society, Isireli Fa.  Fa told the Fiji Times that it was “misguided” that electoral reforms were needed before elections could take place.  He went on to stress that any proposed reforms must be imposed by Parliament, not the ruling party, or else any reform would be “illegitimate and [would] bring more problems than it solves.”

Fa also expressed his belief that the Fiji Law Society needs to ensure that the country is governed by the rule of law.  To this end, he wants to see a new cadre of leaders emerge from the next election.  Radio New Zealand International reports that according to Fa the current government is weighed down by the baggage of the colonial period.  He believes that the way forward is for both current groups to refrain from contesting the results of the next election.  “What we should see is new leaders from within the party who could carry the party forward into policies and thinking that’s in line with a multi-racial government and a multi-racial constitution, as opposed to leaders who still hang on to nationalistic principles.”

Fa’s comments have not been well received by the sitting political leaders.  The national leader of the deposed SDL party, Peceli Kinivuwai, said that the rules of citizenship are very clear in the Constitution and that anyone of voting age should be allowed to stand for elections.

For more information, please see:
Radio New Zealand International — Fiji Law Society calls for new leaders to emerge — 21 July 2008

Fijilive — Anyone can stand for elections: SDL — 20 July 2008

Fiji Times — Law society pushes for rule of law — 17 July 2008

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

PAPEETE, Tahiti —  Despite political elections in March, a junior French oversea territories minister is attributing political instability in French Polynesia to the “quarrels and personal ambitions among local leaders” reports Radio New Zealand International.

Jego Yves, the junior French oversea territories minister, says that for the political system to change reforms must start with politicians in Papeete. According to Yves, the key politicians in the capital city are responsible for destabilizing the political system largely because they force local mayors into making deals.

In addition, Yves criticizes the electoral process because he feels the system is corrupt from within. If the two past two elections have not produced better results, says Yves, then new elections are not the answer.

For more information, please see:
Radio New Zealand International — French minister blames Tahiti politics for instability — 24 July 2008

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NUKU’ALOFA, TONGA — Tonga’s Parliament has passed new legislation which seeks to promote greater reforms within the executive and legislature.

The new bill sets up a nine member Commission. Five of those members will be appointed by cabinet including one from the Nobles and People’s Representatives, and the remaining two from the Judicial Services Commission.

The Commission’s job will be to recommend reforms and changes to help facilitate the relationship between the executive and legislature. The Commission will have ten months in order to submit their recommendations to the Privy Council and Legislative Assembly. Among its appointed powers, the Commission can call a national Constitution Convention within seven months of appointment.

As a separation of powers measure, the bill has stipulated that a member of the Commission will not be allowed to serve in the Legislative Assembly or cabinet.

For more information, please see:
Pacific News – New Constitution bill in Tonga paves the way for political reforms – 24 July 2008

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PORT VILA, Vanuatu — Outgoing Vanuatu member of Parliament and Chairman to the Melanesian Progressive Party, Barak Sope, is claiming that an electoral law gives certain politicians an unfair advantage.

Sobe is challenging the constitutionality of Peoples Representation Act No. 33 or 2007. The Act, Sobe says, allows people not within the constituencies of Port Vila and Luganville to vote in two municipal constituencies.

In addition, Sobe claims the legislation allows chiefs and landowners to decide where people residing on their property can vote. Sobe has secured legal representation, and maintains that if his constitutional challenge is successful, a restraining order against the electoral office will ensue, effectively delaying elections until the matter is resolved.

The elections are scheduled for September 2, but may be delayed if Sobe’s constitutional challenge is successful.

For more information, please see:
Radio New Zealand International — Vanuatu elections could be delayed by constitutional challenge — 24 July 2008