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

SUVA, Fiji — In the weeks following the removal of Fiji Sun publisher Russell Hunter and the meetings called by the interim Attorney General with Fiji newspaper publishers, the signs of tension between the media and the government are becoming more evident.  Two new specific restrictions have brought on criticism from domestic and international observers. 

The first of these is a move from the Interim Finance Minister to instate media licensing.  Fiji academic Brij Lal has decried the move, calling it an attempt to “muzzle the media.”  He told the Fiji Broadcasting Corporation, “By muzzling the media you are not going to solve any problem in fact you are going to create more dissatisfaction, more unhappiness in a populace already, already facing difficult circumstances so I think this call to license the media; I just hope that the people of Fiji will resist this because it will be an infringement of their freedom.”

The second was a request made to the Fijian media not to contact the interim Prime Minister directly any longer.  The Prime Minister’s Office told the Fiji Times that any inquiries for the Prime Minister should be directed through the Department of Information.  The statement also requested that any inquiries to the Bainimarama in regard to his capacity as head of the military should be directed at a military media spokesman.  Parmesh Chand, the interim PM’s secretary, said that the request was based upon the interim Prime Ministers extremely busy schedule. 

In light of these and other concerns the Fiji Media Council has requested a meeting with the government in order to find a way forward.  Daryl Tarte, the Council’s Chairman, said, “There are concerns on both sides; concerns on the part of the media about government’s actions and obviously the government themselves have some concern about the media so we think it would be productive if we could meet and discuss these matters and find some amicable way ahead.”

In the last few days the situation between the Fijian media and the government has sparked comment from two international observers.  Stephen Smith, the Australian Foreign Minister, has spoken with concern regarding the interim government’s intimidationg of the media.  A trade mission from Taiwan, during observations of Fiji, has said that it is not their place to pass judgement on domestic policy, but has insisted that, “I think the freedom of press is universal value, respected by the United Nations and countries around the globe.”

For more information, please see:
Fiji Broadcasting Corporation Limited — Taiwan monitors Fiji, aware of media problems — 22 March 2008

Radio New Zealand International — Fiji Media Council asks to meet government to discuss concerns — 20 March 2008

Radio New Zealand International — Australia concerned over treatment of Fiji media — 20 March 2008

Fiji Broadcasting Corporation Limited — Restrictions attempt to gag Fiji media — 20 March 2008

Radio New Zealand International — Fiji Media has been advised not to call Prime Minister — 18 March 2008

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia –- The Indonesian government is charging nine Papuan activists with plotting against the state for waving a Papuan Morning Star flag at a peaceful, student protest last week. Indonesia’s recent efforts to round up Papuans involved in political expression has drawn harsh criticism from human rights organizations.

Human Rights Watch, the largest human rights organization, is calling for the nine’s release, and condemning the Indonesian government for suppressing freedom of speech. “Raising a flag at a demonstration is a nonviolent act, but in Indonesia it can land you in prison,” said Elaine Pearson, deputy Asia director of Human Rights Watch. 

While several provisions of Indonesia’s criminal code were declared unconstitutional in 2007, others remained intact; specifically, a law prohibiting the display of the Morning Star Flag in Papua, the South Maluku Republic Benang Raja flag in Ambon, and the Crescent Moon flag in Aceh. All three flags are examples of banned separatist symbols. Just last week, two pro-independence demonstrators were sentenced to 15 and 17 years in prison for preparing flags for the South Maluku Republic.

But 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). Indonesian courts declared that the creation of the central province was unconstitutional and in opposition to Papua’s Special Autonomy status.

The separation has divided Papuans who accuse the Indonesian military of violating human rights. In addition, 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. 

The nine Papuan activists, including a 16 year old boy, have been in custody since March 13. The West Papua National Authority has reported that Indonesian police have been threatening and harassing relatives of the charged activists. Meanwhile, responding to the military threat, other activist leaders have gone into hiding.

“If Indonesia wants recognition as a rights-respecting nation, it should stop imprisoning people for acts of peaceful expression,” Pearson said.

For more information, please see:
Reuters, Asia –- Free Peaceful Protesters in Papua –- 19 March 2008

Radio New Zealand International –- West Papua National Authority fears Indonesian forces are rounding up more Papuans –- 19 March 2008

UNPO, Netherlands — West Papua: Worrying Signs of Crackdown — 18 March 2008

Radio New Zealand International –- Australian NGO raises concerns about Papuan protestors arrested in Indonesia –- 17 March 2008

News.com.au –- Nine in court for waving ‘Free Papua’ flag –- 18 March 2008

The Jakarta Post –- New law to end Papua legal dispute –- 05 March 2008

SUVA, Fiji — Guy Reynolds, the attorney representing Fiji’s interim government in the case to determine the legality of the 2006 coup, presented his closing argument in that case today.  In his remarks, he stressed that the High Court had extremely narrow jurisdiction in reviewing the authority of the Fiji executive.  Specifically, Reynolds argued that the High Court had no power to review the issue because it dealt exclusively with executive privilege. 

According to Reynolds, the Court had only two issues to decide in the case.  The first is whether the executive possesses special prerogative  powers.  Second, whether the President intended to use these powers, vested in him, between December 5th 2006 and January 2007.  Reynolds’ argument was that exigent civil constitutional circumstances required that former President Ratu Josefa Iloilo exercise his executive powers in order to safeguard the welfare of the people of Fiji.  Specifically, President Iloilo appointed the interim government in light of the absence of former PM Qarase and his government’s inability to respond to the needs of the people.

Reynolds concluded his argument by saying that these executive’s executive powers can even cover illegal acts.  Given the extraordinary nature of these prerogative powers, Reynolds argued, the High Court did not have the authority to rule on the issue of the coup’s legality.

 

For more information, please see:

Radio New Zealand International — Fiji president acted under reserve powers during coup, says state lawyer — 18 March 2008

Radio New Zealand International — Fiji constitution allows for review of Presidential decisions, High Court told — 18 March 2008

Fiji Village — Court has no jurisdiction — 18 March 2008

Fiji Village — Inaction forced president to act — 18 March 2008

Fiji Broadcasting Corporation Limited  — ‘Fiji should back President’ — 18 March 2008

Fiji Times — President used powers because of civil crisis — 18 March 2008

By Ryan L Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — Coming on the heels of Russell Hunter’s removal earlier this month, new accounts of media intimidation are coming to light in Fiji. 

The first report comes from Graham Leung, the lawyer of New Zealand businessman Ballu Khan, who says that he received a threatening phone call from someone in the Army  Leung, who was writing an article about the difference between the facts on the ground in Fiji and the interim government’s rhetoric, said that he was told by the unnamed caller that the article had been intercepted by the military.  Leung told Radio New Zealand International that the interim government is interfering with freedom of the press and freedom of expression. 

The second report comes from Fiji Times publisher, Evan Hannah, who says that he was summoned to interim Attorney General Aiyaz Sayed-Khaiyum’s office on Thursday.  The meeting apparently concerned an upcoming Fiji Times article entitled ‘Exposing the Lie’, which was thought to appear as an opinion piece. The interim AG said that the article “contained factual inaccuracies, was highly emotive and discussed matters that were in court.”  The AG told Hannah that Hannah was not being told what to write or publish, but that as a publisher he should be concerned about the factual accuracy of what is in his paper. 

Hannah has also said that he was told by Sayed-Khaiyum that the article was now a matter of national security.  Of this he said, “This is exactly the situation they used to deport Russell Hunter as publisher of the Sun. I’m not suggesting that the government is lining up to deport me, but I think they are trying to intimidate us.” 

The interim AG insists that the meetings were not at all meant to intimidate members of the press, saying that such meetings have always been common place in Fiji and had been conducted by previous governments.  He said that he merely wanted to meet with the publishers so that all matters could be “resolved amicably.”  He also said that he had received word that the article at issue was not in the Fiji Times database and was not set to be published. 

The editor-in-chief of the Fiji Times has chastised the interim government for trying to create a situation that did not exist.  He said that the whole affair was a great disservice to the the AG’s office, the media and the country. 

In related news, Russell Hunter’s wife, Martha Hunter, who was given twenty-one days to leave Fiji after her husband’s removal, has left Fiji for Australia on Thursday. 

For more information, please see:
Fiji Times — Military threatened me, Leung tells Radio NZ — 17 March 2008

Radio New Zealand International — Publisher of Fiji Times suggests administration is trying to intimidate — 16 March 2008

Fiji Times — Media Council to meet on Tuesday — 15 March 2008

Fiji Times — Interim A-G calls in Times publisher — 15 March 2008

Radio New Zealand International — Fiji lawyer receives threatening phone call — 14 March 2008

Radio New Zealand International — Fiji Times publisher summoned by interim Attorney-General — 14 March 2008

Radio New Zealand International — Wife of deported Fiji Sun publisher leaves Fiji — 14 March 2008

Fiji Times — Interim AG summons Publisher — 14 March 2008

DILI, East Timor –- On Thursday, rebel soldiers responsible for the attacks on East Timor’s President and Prime Minister last month, alluded military security forces and escaped into the jungles outside the capital city.

While President Jose Ramos-Horta has been recovering in Australia, Prime Minister Xanana Gusmao, who escaped the February assault unharmed, has ordered the police and military to join forces to capture the rebels responsible for the attacks.

For the past several days, joint forces had the rebels surrounded in the jungles of Ermera, a district west of the capital city, Dili. Although Brigadier-General Taur Matan Ruak threatened to take immediate action against rebel members who refused to surrender, the government held out hope that the rebels would give up peacefully. Major Virgilio dos Anjos Ular said, “They could have been killed if we had wanted to kill them yesterday, but we changed our mind and just called on them to give up.”

Specifically targeted were rebel leader, Gastao Salsinha, and Marcelo Caetano, whom the President named as his shooter on Thursday. Salsinha and Caetano are two of 600 former military members that lost their jobs after a strike in 2006.    

Salsinha is believed to have moved late Wednesday with the help of residents in Ermera. Dos Anjos Ular is urging people to help induce Salsinha to surrender and prevent further violence.

 
For more information, please see: 

Reuters: Asia — East Timor president’s attackers escape siege-army –- 13 March 2008

ABC News Online — East Timor rebel leader delays surrender –- 13 March 2008

Portugal News Online — East Timor rebels stall on handing themselves over — 15 March 2008