By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SAIPAN, Commonwealth of the Northern Mariana Islands — Northern Mariana Islands Governor, Benigno R. Fitial, is preparing to sue the U.S. Federal government over labor provisions in the federal immigration law.

In a pre-recorded statement, Fitial argued that the U.S. is imposing a new immigration law that violates the document set up between the two countries describing the U.S. and the Northern Mariana Islands (CNMI) political relationship, or the “Covenant.” By its terms, the Covenant ensures CNMI the right to self-government, and provides that the U.S. promote the CNMI’s economic growth and development.

Fitial’s main concern is that the new immigration law will violate the U.S.’s commitment to the CNMI through the Covenant. The current cap on foreign workers allowed in CNMI has hurt major construction projects, and many foreign investors have backed out of projects due to the uncertainty of CNMI’s workforce.

The new immigration law calls for 20,000 foreign workers in CNMI to obtain federal visas by at least December 31, 2014. At present, very few foreign workers hold U.S. working visas, and the fear is that these workers will no longer qualify once the federalization law is in place.

“Let me be clear. We do not question the authority of the Congress to apply the existing federal immigration laws that apply to every other part of the United States except American Samoa. We agreed to that in the Covenant. Our complaint focuses on the labor provisions of the legislation, which are not, and never have been part of the federal immigration laws,” Fitial said.

Fitial plans on suing unless his attorneys in a U.S. based firm advise him otherwise.

For more information, please see:
Pacific Magazine — Governor To Challenge Washington Takeover In Courts — 25 June 2008

Saipan Tribune — Fitial poised to sue US govt — 25 June 2008

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HONIARA, Solomon Islands — Public servants are planning a nation-wide strike Friday in response to dissatisfaction with Prime Minister, Derek Sikua’s government.

A Solomon Islands Public Employees Union (SIPEU) is behind the proposed strike. According to a SIPEU representative, the Union is upset with the Government ministers’ performance. The Union is demanding a 49 percent wage increase, and has given the government 14 days to address their concerns.

Paul Belande, general secretary to SIPEU, confirmed that public servants will walk off their jobs this Friday in a nationwide strike.

“[T]he current government miserably failed to fulfill some of its planned obligations which we, the workers, will feel and know if a certain government is not actively driving things forward,” Belande said.

Some sources have said workers will walk off their jobs Thursday. If demands are not met, a full strike will take place Friday.

For more information, please see:
Solomon Star News — Gov’t workers say they’ll walk off jobs Friday — 25 June 2008

Solomon Star News — Govt Workers Planning National Strike, Newspaper Reports — 20 June 2008

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SAIPAN, Commonwealth of the Northern Mariana Islands — An international leasing firm will put in a bid for $6 million to end electricity outages that have plagued Saipan.

Aggreko, an International firm from the Netherlands, will provide 15 units of one-megawatt generators, personnel, and materials as part of a one-year contract for $6 million. In return, the Commonwealth Utilities Corporation (CUC) will run the generators on its own diesel fuel.

Poorly maintained generators and finance troubles have plagued the CUC, and by extension has troubled residents for some time. The new generators will arrive from Singapore in roughly 26 days and should provide a stable source of electricity to residents.

For more information, please see:
Saipan Tribune — $6M Deal To Lease Power Generators For Saipan — 24 June 2008

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

SUVA, Fiji — On Tuesday interim Prime Minister Frank Bainimarama and ousted PM Lasenia Qarase met for the second time to discuss the way forward for Fiji.  While the two have been trading barbs with one another about the future of Fiji since the military coup a year and a half ago, a statement issued after the talk emphasized “the great importance of constructive forward-looking dialogue, including the efforts that are now needed aimed at healing and reconciliation at the national level.”

The primary topics of the talk was the People’s Charter, a road map for change and a plan for reconciling the division of the nation.  Observers described the talk as candid.

Also present in the talks were Methodist Reverend Laisiasa Ratabacaca and the head of the Roman Catholic Church in Fiji, Archbishop Petero Mataca.  Fiji Times reports that the four leaders urged that civic, community and religious organizations would need to work together to move Fiji forward.

While no specific time line was established for another meeting, the Fiji Times reports that another meeting is expected.

For more information, please see:
Fiji Village — Rev Ratabacaca impressed with Interim PM, Qarase Meet — 18 June 2008

Fiji Times — Peace talks — 18 June 2008

Pacific Magazine — Bainimarama and Qarase Meet Again, in Suva — 18 June 2008

Fiji Times — Ousted PM questions reference terms — 18 June 2008

Radio New Zealand International — Bainimarama and Qarase meet to focus on moving Fiji  forward — 17 June 2008

Fiji Village — Interim PM, Qarase Meet — 17 June 2008

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SUVA, Fiji — A dispute arose as Tuesday in the Court of Appeal in the deportation case of Evan Hannah.  Jon Apted, Hannah’s lawyer, said that neither he nor his client had even seen the deportation order that was issued in the case and that the document had never been presented before the court.  Solicitor General Christopher Pryde explained that the reason for this was that the Immigration Minister, Ratu Epeli Ganilau, only issued an “oral order”.

The controversy did not stop there.  While the permanent Immigration Secretary did eventually generate a form securing Hannah’s deportation, Apted argues that the interim government did not follow the law in issuing the order.  Under the Immigration Act of 2003, a person can only be deported seven days after service of a removal order.  Solicitor General Pryde says that Hannah was eligible for immediate deportation and that the interim government had simply used the wrong form.

Evan Hannah was expelled from Fiji by the interim government in April of this year.  According to Immigration Minister Ratu Epeli Ganilau, Hannah’s deportation was based on his opinion that Hannah was a threat to Fiji’s national security.

For more information, please see:
Fiji Times — Lawyer disputes order — 18 June 2008

Fiji Broadcasting Corporation Limited — Wrong form issued — 17 June 2008

Fiji Village — Hannah Lawyer Yet to Sight Deportation Order — 17 June 2008

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SUVA, Fiji — Fiji President, Ratu Josefa Iloilo, announced this week that Sela Molisa will be the new chairperson of the independent monitoring group for the People’s Charter for Progress and Peace.

The role of the chairman is to monitor the activities of the People’s Charter and provide reports to the President about its progress.  Specifically, Molisa is meant to report on the transparency, robustness and integrity of the process of the People’s Charter.

Radio New Zealand International reports that Molisa was surprised to have been headhunted for this role.  He did not apply for the role and was reportedly shocked to have it offered to him.

Molisa is taking over for Geert van der Linden who resigned as chair last month.

For more information, please see:
Radio New Zealand International — Newly appointed Fiji People’s Charter Monitoring Group chair prepared for difficult role — 13 June 2008

Radio New Zealand International — Vanuatu MP appointed chair of Independent  Monitoring Group on Fiji charter — 13 June 2008

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

HONIARA, Solomon Islands — Opposition leader, Manasseh Sogavare, says that a law should be changed to discourage government impunity and encourage transparency and accountability. Sogavare’s recommendation follows the death of a woman who was hit by two Samoan officers reportedly intoxicated while driving.

On Friday, the two officers for the Regional Assistance Mission to Solomon Islands (RAMSI) struck and killed Hilda Ilabae, a trainee nurse. Members of RAMSI offered their condolences to Ms. Ilabae’s family, and transport and supplies for the burial was provided.

Sogavare’s criticism is that under the Facilitation Act, RAMSI is not held accountable under the Solomons law.  Sogavare said, “. . .right now they [RAMSI] are in fact quite a privileged group of people in the whole of our country. They can break our laws and get away with it. There is a procedure that outlines that they can be dealt with in their own country but there is no assurance, there is no guarantee that that will happen.”

For more information, please see:
Pacific Magazine — RAMSI Commander, Official Bury Solomon Islander Killed In Accident — 16 June 2008

Radio New Zealand International — Solomons opposition queries RAMSI immunity after fatal road incident — 16 June 2008

Solomon Times Online — Prime Minister of Samoa Apologizes for Death of Young Nurse — 16 June 2008

ABC, Radio Australia — Regret from RAMSI over death of woman in Honiara — 16 June 2008

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ALOFI, Niue — A financial report to the Niue government has revealed that donor funds were misused in order to supplement government funds. As a result, the misallocation of funds has caused many special projects to go unfinished.

Treasury officials found that roughly $650,000 has prevented the use of donor funds through the creation of “separate bank accounts.” The report recommends increasing government revenue by more rigorously pursuing tax defaulters and adjusting the collection of import duties. Officials have also reported that revenue from port charges is down due to other expenditures.

The Niue Government has halted the flow of imported goods until full, realistic appraisals of their value are made.

For more information, please see:
Radio New Zealand International — Officials say Niue using donor funds to prop up Government finances — 16 June 2008

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SAIPAN, Commonwealth of the Northern Marianas Islands — Last week, U.S. federal officials were on hand in Saipan to address rallying foreign workers’ concerns.

The rally was meant to address the need for improved immigration statuses as well as $6.1 million in back claims for unpaid wages and damages owed to hundreds of aliens. The Human Dignity Movement encouraged workers to gather at the American Memorial Park in order to help bring these immigration issues to light.

Among the requests, Jerry Custodio, president to the Human Dignity Movement, has asked, “federal officials for fair protection and treatment, justice to long-term workers, payment of unpaid wages in Labor administrative orders and for improved immigration status.”

For more information, please see:
Saipan Tribune — Foreign Workers To Rally For Better Status — 10 June 2008

By Ryan L. Maness

Impunity Watch Senior Desk Officer, Fiji

SUVA, Fiji — Bob Debus, the Australian Minister for Home Affairs, has closed the office of the Transnational Crime Coordination Centre (PTCCC) that was located in Suva and will reopen it in Apia, Somoa.  The PTCCC, which is an organization design to investigate transnational crime in the Pacific, closed its office in Fiji due to Fiji’s political instability.

According to the SDL party, the opposition party to Fiji’s interim government, the move comes as no surprise.  The SDL’s National Director, Peceli Kinivuwai, said, “I think the member countries who make up the Transnational Crime Centre they also very much champion the rule of law and it would be ironic if they have that Centre here while at the same time we cannot solve our political differences – we still have political instabilities and economic decline.”

Ema Mua, a spokeswoman for Fiji’s police, said that the decision was premature.  According to Mua, while human trafficking must be dealt with, Fiji’s political situation should not affect the work of the center.

For more information, please see:

Fiji Times — Crime office to reopen — 10 June 2008

Radio New Zealand International — Somoa’s PM opens Pacific Trans-national crime co-ordination centre — 10 June 2008

Fiji Times — New crimes a reality — 09 June 2008

Radio New Zealand International — Fiji’s main political party says loss of international policing agency, no surprise — 09 June 2008

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SUVA, Fiji — Following an inspection team’s examination of Fiji’s fishing industry last year, the European Union has decided to ban the importation of fish from Fiji.  The EU’s trade adviser in Fiji, Andrea Salviati, said that she believed that the fish carried health risks for the citizens of Europe and that is why the ban was imposed.  According to Salviati “The competent authority at present is not so competent, to fulfill with EU standards…the main issue is to improve the body that they already have.”

Fiji Fish Managing Director, Grahame Southwick, said that the ban is a product of the government’s relationship with the country’s fishing industry.  The ban came after the EU issued a number of warnings to Fiji regarding their fishing practices.

Due to the strength of the European Economy, Radio New Zealand International projects that Fiji could lose thousands of jobs as a result of the ban, laboring a country already hampered with high unemployment.

For more information, please see:

Fiji Village — Fiji Can Make it Back says EU — 10 June 2008

Radio New Zealand International — European Union ban could cost thousands of jobs in Fiji fishing industry — 09 June 2008

Radio New Zealand International — EU says it has banned Fiji fish exports because processing is poorly monitored — 09 June 2008

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DISTRICT OF COLUMBIA, USA — The American State Department has released an annual report which examines the proliferation of human trafficking in 153 countries around the world and has listed Fiji among tier 3 countries.  Because of their placement in the report, Fiji is in danger of losing aid from the United States.

According to the report (which can be found in relevant part here), Fiji has failed to make a significant effort to eliminate human trafficking since last year’s report.  “Fiji is a source country for children trafficked for the purpose of commercial sexual exploitation and a destination country for a small number of women from the People’s Republic of China (P.R.C.) and India trafficked for the purposes of forced labor and commercial sexual exploitation,” the report begins.  The report goes on to say that Fiji’s children are also being exploited by local Fijians or foreign tourists and that Fiji’s government has taken “no action to investigate or prosecute traffickers, assist victims, or participate in public awareness campaigns to prevent trafficking.”

Fiji’s interim Attorney General Aiyaz Sayed-Khaiyum has said that dealing with human trafficking is a priority following the US’s report.  He also called upon other nations with more resources to assist in Fiji’s fight against human trafficking.  However, he was quick to insinuate that Fiji’s presence on the report should not risk its foreign aid. “Shunning us because simply it wasn’t done in the past is not a positive way to deal with the situation,” the interim AG said.

For more information, please see:

Fiji Times — A-G toughens on human trade — 08 June 2008

Pacific Magazine  — Fiji AG Concerned About Human Trafficking — 08 June 2008

Radio New Zealand International — U.S. State Department says that Fiji and PNG could lose aid following human trafficking report — 04 June 2008

Hayley Campbell
Impunity Watch Reporter, Oceania

DILI, East Timor — More than 90 human rights groups have called upon the United Nations to hold Indonesia accountable for war crimes committed during the Indonesian occupation of East Timor.

The letter was addressed to UN Secretary General Ban Ki Moon, and was signed by more than 30 academics in addition to human rights organizations. In the letter, the joint groups asked the UN to “fulfill its long standing commitment to see that justice is done for crimes against humanity allegedly committed in East Timor during Indonesia’s two and a half decade occupation.”

The groups came together to draft the letter just as the bilateral Commission on Truth and Friendship was compiling its report on Indonesia and East Timor. As to the report’s contents, the joint letter said that the issue of war crimes against East Timor cannot be solved with one report.

“The right to know (the truth) and the right to justice are inalienable, and are a bulwark against the culture of impunity represented by [Indonesia’s] Ad Hoc Court and the CTF.”

To read the joint letter, click here

For more information, please see:
The Westender, Brisbane — International Coalition Urges UN to Be Active for Justice for East Timorese — 05 June 2008

Radio New Zealand International — Calls for justice for East Timor — 03 June 2008

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SAIPAN, Commonwealth of Northern Marianas Islands –- The Governor of the Northern Marianas Islands has announced he will suspend the board of the Commonwealth Ports Authority (CPA) in order to avoid financial ruin.

The CPA has been in financial trouble for some time. According to Charles Reyes, spokesman for the Governor’s office, the collapse of the garment industry is largely to blame. The CPA had come close to defaulting on a $20 million airport revenue bond. The suspension was anticipated after Governor Benigno R. Fitial announced last month that the executive branch would assume control of CPA in order to avoid a technical default on the 1998 indenture on its airport bonds.

By the Governor’s request, all members of the CPA board resigned.

“We were technically already in default. However the trustee Bank of Guam didn’t actually technically declare a technical default. However they were about to,” Mr. Reyes said.

Before the CPA’s autonomy is restored, the Governor must select new appointees for the CPA board, subject to the Senate’s confirmation. While Mr. Reyes insists the Governor’s use of emergency powers was necessary, some still question the validity of the suspension.

For more information, please see:
Radio New Zealand International — CNMI governor suspends Ports Authority board — 04 June 2008