By Ryan L. Maness

Impunity Watch Senior Desk Officer, Oceania

HONIARA, Solomon Islands — The president of the Media Association of Solomon Islands and publisher of  publisher of the Solomon Islands Star, John Lamani, has called for the Pacific Islands News Association to relocate to the Solomon Islands’ capital of Honiara.  Lamani, who spoke during a World Press Freedom Day celebration in Honiara, said that the relocation is necessary in light of the interim government’s track record of media intimidation.

Lamani said that PINA will be unable to fulfill its role of fighting for media freedom if it remains in Fiji.  Radio New Zealand International reports that Lamani also said that the Solomon Islands would be an ideal location for the media watchdog because the Solomon Islands cherish the fundamental human right to freedom of expression.

The head of PANI, Joseph Ealedona, however, said that it is more vital now than ever that PANI remain in Fiji.  He said that it is incredibly important that PANI engage in the interim government in a dialogue.  “You have to justify where is freedom of media, what is freedom of media, and for us, PINA, right now, freedom of media is definitely being threatened in Fiji. So therefore we must stay there, we won’t be seen to be running away from where the threats are coming from.”

For more information, please see:
Fiji Times — Relocate media outlets: Lamani — 13 May 2008

Radio New Zealand International — PINA says it’s important to remain in Fiji — 12 May 2008

Radio New Zealand International — Regional news organization vows to stay in Fiji — 12 May 2008

The Age — PINA urged to quit Fiji for Solomon Is. — 12 May 2008

Radio New Zealand International — Calls for Pina and Pacnews to move from Fiji — 11 May 2008

LONDON, UK — The  Commonwealth Ministerial Action Group has decided to continue to exclude Fiji from the councils of its organization.  The CMAG, which met on 12 May to consider the readmission of Fiji and Pakistan, declared that they had “grave concerns” that Fiji would not live up to its commitments to return free and fair elections to Fiji within the year.

The Commonwealth, a 53 member nation organization, originally decided to suspend Fiji in the wake of the December 2006 coup.

The Commonwealth Secretary-General, Kamalesh Sharma, explained the CMAG’s rationale, “The group continued to be concerned at reports which indicated the independence of the judiciary, and freedom of the media, were being seriously compromised, including the deportation of media personnel in contravention of court orders, and the continued militarisation of key Fiji institutions. It also expressed concern at reports of continued human rights abuses.”  However, Winston Peters, New Zealand’s Foreign Minister and Ministerial Action Group Member, said that Fiji could still come around.  “The group continued to be concerned at reports which indicated the independence of the judiciary, and freedom of the media, were being seriously compromised, including the deportation of media personnel in contravention of court orders, and the continued militarisation of key Fiji institutions,” said Peters, “It also expressed concern at reports of continued human rights abuses.”

The interim Prime Minister criticized the CMAG’s position, saying that the international community does not understand the difficulties of holding elections in Fiji and has not given the country sufficient credit for the gains that have been made.  According to Bainimarama, the interim government is commited to restoring democracy to Fiji and continues to foster a culture of dialogue and consensus building in order to find a way forward to Fiji.  Bainimarama said that Fiji has demonstrated its commitment with the Fiji/Forum Joint Working Group along with the efforts of the National Council for Building a Better Fiji.

For more information, please see:
Matangi — Commonwealth calls on Fiji to expedite election process — 15 May 2008

Pacific Magazine — Fiji PM Rebuffs Common Wealth Criticism — 14 May 2008

TradingMarkets.com — Fiji unhappy with CMAG decision — 13 May 2008

Radio New Zealand International — Commonwealth decision lacks understanding, says Fiji regime — 13 May 2008

Radio New Zealand International — Fiji remains suspended from Commonwealth Council — 12 May 2008

Radio New Zealand International — Commonwealth Ministerial Action Group has many concerns over Fiji — 12 May 2008

SUVA, Fiji — In the last month, Australia’s High Commissioner in Fiji, James Batley, has received two death threats.  The most recent threat, which Australian Foreign Minister Stephen Smith has described as “vile and repugnant”, came last Thursday.

In response to these threats, Batley requested that the interim government allocate two unarmed Australian police to the High Commission to increase security.  The interim government denied this request, saying that it was Fiji’s responsibility to maintain the security of the High Commission.

Smith said that he was very disappointed that Fiji had not approved that allocation of Australian Federal Police personnel to the High Commission, but officers of the Fijian government insist that they continue to take the death threats seriously.  Fiji’s Foreign Minister Ratu Epeli Nailatikausaid that the High Commission is in Suva and that the Australians had requested extra security, but that Fijian police were already providing that.  He also said that an active investigation of the death threats was underway because threats against foreign diplomats are a very serious matter and will not be tolerated.

The interim government’s reassurances will likely come as cold comfort to the Australian government, as Australian authorities have claimed that the military is responsible for the death threats.  Due to the increased threat to their diplomatic personnel, the Australian government is offering to foot the costs and allow personnel at the Australian High Commission to return to Australia.

Nailatikausaid responded, saying that there is no reason for Australian diplomats to leave.  He also said that the accusation that the Fijian military was responsible for the threats was “preposterous and unsubstantiated.”

For more information, please see:
Fiji Times — Offer for family evacuation — 21 May 2008

The Age — ‘Vile’ death threats against Aussia diplomat — 20 May 2008

Fiji Times — Regime stand upsets Australia — 20 May 2008

News.com.au — Don’t leave, Fiji tells Australians — 20 May 2008

Radio New Zealand International — Australia offers to fly families of High Commission staff out of Fiji following threats — 20 May 2008

Radio New Zealand International — Fiji death threats vile, says Australian Foreign Minister — 20 May 2008

ABC News — Fiji blocks police guard for death-threat Commissioner — 19 May 2008

Fiji Times — Batley wanted unarmed officers: Spokesman — 19 May 2008

Radio New Zealand International — Fiji military behind death threats against Australian diplomat, says paper — 19 May 2008

Radio New Zealand International — Fiji administration says it is responsible for security at foreign embassies — 18 May 2008

SAIPAN, Northern Marianas Islands — Yesterday, Northern Marianas Governor, Benigno R. Fitial, defended his plan to takeover of the Commonwealth Ports Authority as a necessary measure to preserve the government’s financial integrity.

The ports authority has been in financial trouble for some time and is close to a technical default on the 1998 indenture on its airport bonds. In order to avoid a potential default, Governor Fitial announced last week that the executive branch would assume control of the ports authority under its state of emergency powers.

The House of Representatives voted 18-0 to pass a resolution that firmly disapproves of the Governor’s actions. Representatives claim the Governor’s “state of emergency” powers does not include assisting a “ government agency in repaying a debt.” But Governor Fitial insists that if the default happens, the ports authority would be required to pay the full principal and interest of the bonds. In addition, it is within the Bank of Guam’s authority, as the bond trustee, to issue a default notice and take over the Saipan International Airport.

Governor Fitial’s plan is to place the ports authority under the Governor’s Office for 120 days. But before any reorganization plan can be put into effect, the Legislature must have 60 days to review the proposal including the ability to amend or void it.

For more information, please see:
Saipan Tribune — House questions Fitial’s takeover of CPA — 18 May 2008

Pacific Magazine — ‘Dire Consequences’ Face Northern Marianas Agency — 16 May 2008

SUVA, Fiji — Fiji’s Pacific Centre for Public Integrity has taken issue with recent actions of Fiji’s interim administration and they have questioned their adherence to the rule of law. They specifically charged that the interim Prime Minister’s administration had publicly demonstrated that they operated above the law and had no intention of abiding by the Fijian Constitution.

These statements were redoubled after the deportation of Fiji Times publisher Evan Hannah.  According to a PCPI spokesperson, “The deliberate measures taken by the immigration officials to avoid being served the court order to prevent the deportation of Evan Hannah shows once again the deceit and arrogance that is the hallmark of this military interim regime.”

Angie Heffernan, the executive director of the PCPI, also took issue with the solicitor general’s recent request for a dismissal of Evan Hannah’s claim.  Heffernan says that the dismissal request, which is predicated on the argument that the court order to stop the expulsion has expired, demonstrates that the interim government does not respect the Fijian judiciary.  “The interim government went to extraordinary lengths to try and avoid the court order being served on the immigration officials. The nuts and bolts of the case will be dealt with, but in our view this signifies that the interim government has absolutely no respect for the court order, or for the courts in general.”

For more information, please see:
Radio New Zealand International — Fiji’s PCPI says rule of law under pressure — 09 May 2008

Radio New Zealand International — Fiji solicitor general asks court to throw out Hannah case — 08 May 2008

Fijilive — Rule of Law Undersiege in Fiji: PCPI — 06 May 2008

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

SUVA, Fiji — While interim Minister for Immigration Ratu Epeli Ganilau have still not commented on the exact cause of Hannah’s deportation, he has said that Hannah will not be allowed to appeal the decision.  The interim minister issued this statement yesterday to clarify a story run by the Fiji Times over the weekend that Hannah would be able to appeal his deportation to a Fijian court.  Ratu Epeli said that the Hannah would not be able to appeal because of an amendment made to the Immigration Act of 2003.

The amendment, which was passed just days after the deportation of Fiji Sun publisher Russell Hunter, reads that, “No appeal shall lie from decisions made by an immigration officer acting in accordance with the directions of, or instructions given in respect of any particular case by the minister.”

The Fiji Law Society has said that they do not think that the amendment is permissible under the current Constitution.  The Fiji Times reports that, according to Society president Isireli Fa, the law is improper because a provision that makes a Minister’s decision final and unreviewable by the courts is actually unenforceable.  Fa referred to this kind of provision as an “ouster clause” because they oust the jurisdiction of the courts.  He also said that there are many precedents in Pacific and Fijian common law that are on point and support his contention that the amendment is unenforceable.  He concluded by pointing out that section 120 of the Fijian Constitution confers upon the High Court unlimited original jurisdiction to to hear and determine any civil or criminal proceedings under any law.

Regardless of the criticism, interim AG Aiyaz Sayed-Khayum has stated that the process of Hannah’s deportation was legal.  He denied any allegation that there was a High Court order halting Hannah’s deportation.  “There was no High Court order to stop his deportation. You will see that there was a writ of habeas corpus which is very different from an injunction stopping someone from being deported. The matter is before the courts at the moment and is being called again on Wednesday this week, thus the matter rests until such time.”

For more information, please see:

Fiji Times — Society claims State not well advised — 07 May 2008

Fiji Times — Wife and son not included in order — 06 May 2008

Radio New Zealand International — Fiji interim attorney general defends Hannah deportation process — 05 May 2008

Radio New Zealand International — Fiji interim Government called on to reverse controversial immigration law change — 05 May 2008

Fiji Broadcasting Corporation Limited — Hannah CANNOT appeal his deportation — 05 May 2008

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

TAIPEI, Taiwan — Taiwan’s vice premier quit on Monday after announcing he had taken part in transferring $29.8 million to a man who has disappeared.

The money was reportedly sent to a Taiwanese intermediary, Ching Chi-ju, and was to provide economic aid to Papua New Guinea on the condition that the country support Taiwan’s international recognition over China. Instead, the payments were made to two businessmen: Wu Shih-tsai from Singapore, and Ching.

In late 2006, the Taiwanese government decided to abandon the deal, believing Papua New Guinea was unlikely to take it. For almost 60 years since civil war split Taiwan and China, the two countries have called on other nations to take sides. China has used its economic prowess to lure some of Taiwan’s allies. In response, Taiwan has been offering economic incentives to keep allies from abandoning support.

On Monday, Taiwan police questioned Chiou, after allegations surfaced that senior members of the Taiwanese government may have accepted bribes from Wu and Ching as part of the deal.

“I feel deeply ashamed in the face of my country and people,” Chiou said in a brief statement. “In addition to helping with judicial investigations, I will withdraw from my beloved Democratic Progressive Party.”

As of now, authorities have been unable to locate either Ching or the $30 million.

For more information, please see:
Sydney Morning Herald — PNG govt denies Taiwan’s missing money — 06 May 2008

Taipei Times — Spreading Controversy Over Botched PNG Diplomatic Ties — 06 May 2008

Associated Press — Taiwan’s vice premier quits party amid scandal — 05 May 2008

Radio New Zealand International — Taiwan’s vice-premier quits over PNG graft claim — 05 May 2008

The New York Times – Man pocketed millions in Taiwan affair – 03 May 2008

BBC News —  China’s new South Pacific influence — 03 May 2008