Oceania

BRIEF: RAMSI Probes Alleged Brutality by Tongan Force

MALU’U, Solomon Islands – A platoon of Tongan soldiers on North Malaita assisted in an arrest last week involving several youths who had been wanted by the police for a long time.  Following the arrests, rocks were thrown into the soldiers’ camp, and there was an attempt to break into the camp on 23 October.  After disturbing the intruders, soldiers found a bag containing weapons, which they turned over to the police.

Lieutenant Colonel Ian Upjohn, the RAMSI military commander, assured Solomon Islanders that RAMSI soldiers follow the same laws as everyone else in the Solomons.  He told Radio New Zealand International, “If they are attacked I expect them to defend themselves. By the same token everyone is subject to rules of engagement and the need to use force only if reasonable and necessary and not more than that. And if my investigation leads me to people who have conducted themselves improperly then they will be dealt with quite severely.”

For more information, please see:

Solomon Star – RAMSI probe Malu’u incident – 02 November 2007

Islands Business (Pacnews) – RAMSI investigates Tongan soldiers alleged brutality – 02 November 2007

Radio New Zealand International – RAMSI probes reports of altercation between soldiers and drunk Solomons youths – 02 November 2007

Papua New Guinea: Crackdown on drug trafficking leads to arrests

Papua New Guinea’s national drug squad has spent the past four weeks conducting a special operation to clamp down on international drugs-for-guns trafficking.  On Monday, the drug squad, with the aid of local police, arrested nine suspects in Western Province and confiscated kilograms of marijuana packed for trading.  Five others were arrested last week in related operations.

The town of Daru, Western Province was the site of all the arrests.   Four people were arrested  at Daru airport with 2.5kg of marijuana on August 12th, and one woman was arrested on August 8 with 8kg of the drug.  Police believe that they are part of an organized ring that ships marijuana from the Highlands region to Western Province, where the drugs are traded with international dealers and local users.  The international trades are usually done at sea, near the Australian and Indonesian borders.

Drug trafficking is believed to be the source of many illegal firearms being brought into PNG.  The National reports that this theory is confirmed in an interview with Nebilyer Valley warriors, conducted for an ABC documentary.  One of the interviewees stated, “We carry bags of dried marijuana down to the Western Province and trade them for guns and walk back to the Highlands with the guns.”

The national drug squad is attempting to close the local drug routes and identify the international traffickers.  Superintendent of police Dominic Kakas told Radio New Zealand International that he believes that the trafficking in Daru is widespread enough to involve public servants and school children, in addition to villagers.  Constable Robert Wane agrees with this assessment, and preliminary investigations revealed that public servants have been involved.  Wane also said that people did not seem to be bothered, despite the police crackdown.  He mentioned that the jail and the courthouse in Daru were in disrepair, which created an environment of increased law and order problems, including increased drug trafficking.

Please see also:
“Daru going ‘potty'”  The National (15 August 2007)
“PNG police say drug trafficking in Western Province widespread”  Radio New Zealand International (15 August 2007)
“Drug trafficking said to be widespread in PNG after four more arrests”  Radio New Zealand International (16 August 2007)
“Western, the capital of drugs, arms deals”  PNG Post-Courier (20 August 2007)
“Nine arrested for drugs deal”  PNG Post-Courier (20 August 2007)

Northern Mariana Islands: H.R. 3079 debated in Saipan; S. 1634 to be revised

The Commonwealth of Northern Mariana Islands is a dependent territory of the United States, which means that it is bound by U.S. federal law and legislation.  Since it became a Commonwealth of the United States in 1970, CNMI has handled its own immigration.  Recently, the United States has been pushing for CNMI immigration to be federalized, to the consternation of CNMI local government, through Senate Bill 1634 or House Bill 3079.  (See the Impunity Watch reports here and here.)


Christensen_fitial_5
U.S. Virgin Islands Rep. Donna Christensen and CNMI Governor Benigno Fitial shake hands after Wednesday’s hearing as House Subcommittee for Insular Affairs staffer Tony Babauta looks on.  (Photo by Jacqueline Hernandez, for the Saipan Tribune.)

U.S. Congresswoman Donna Christensen, delegate for the U.S. Virgin Islands and sponsor of the House version of the bill (H.R. 3079), told the Marianas Variety that there is increasing support for the United States to federalize and assume control over immigration and labor in CNMI.  Christensen was in Saipan on Wednesday to conduct a hearing on the proposed legislation.  Among those present were Guam delegate Madeline Bordallo and American Samoa delegate Eni Faleomavaenga.  Faleomavaenga was less supportive of the proposed measures, and told the Saipan Tribune that  he was concerned about the impact the proposed legislation would have on American Samoa, which also controls its own immigration, and is the only other United States territory to do so.

CNMI Governor Benigno Fitial had strong words for the U.S. government during his testimony on Wednesday, as he has had for the entire span of this proposal.  He criticized the actions of the federal government, particularly during the Trust Territory period, and said, “Anyone who lived under the Trust Territory and today supports federalization provides further evidence of our human impulse to allow hope to triumph over experience.”  [Note: The Trust Territory period refers to the years 1947-1986, when the United States administered the United Nations Trust Territory of the Pacific Islands, which was composed of what is now the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and CNMI.]

Fitial proposed his own border control bill and submitted it to the U.S. House Subcommittee on Insular Affairs during Wednesday’s hearing.  He believes that his version of the bill would be more effective and less invasive than the legislation currently on the table.  Christensen seemed skeptical of Fitial’s proposal during the hearing, but told the media that the subcommittee would review it, and that if there was something that could be added or adjusted in the House version of the bill.  The Senate version of the bill is currently being redrafted to include amendments suggested by David Cohen, Deputy Assistant Secretary for Insular Affairs, who has been working closely with CNMI’s Washington representative, Peter Tenorio.

Cohen and Fitial exchanged heated words via press releases just last week.  Friday, Cohen blasted Fitial for making the comment that those protesting outside the hearing on Wednesday were all “illegals,” stating that while comments against the United States government were not offensive, that particular comment crossed a line.

Meanwhile, members of CNMI’s House have proposed a commission to explore the relationship between CNMI and the United States.  In their proposed legislation, they state that “The people desire to re-examine whether continuing in a ‘commonwealth’ relationship with the United States is in their best interest, or whether some other political status will better enable them to fulfill their aspirations of full and meaningful self-government.”

Please see also:
“Increasing support for Washington takeover, Congresswoman says”  Pacific Magazine (15 August 2007)
“Only minor changes to ISLA”  Saipan Tribune (16 August 2007)
“Fitial proffers own border control bill”  Saipan Tribune (16 August 2007)
“Review of US-CNMI relations pushed”  Saipan Tribune (16 August 2007)
“DOI redrafting US Senate bill”  Saipan Tribune (17 August 2007)
“Fitial’s ‘illegals’ remark unfair – Cohen”  Saipan Tribune (17 August 2007)
“US Senate federalization bill will be redrafted”  Marianas Variety (17 August 2007)

* More of Ms. Hernandez’s photography of the hearing, the first of its kind held on Saipan, can be found on the Saipan Tribune‘s website here.

Fiji Rights Commissions Investigates Election of the Past, while the Government Looks Forward to the Future

The Fiji Human Rights Commission has organized an open inquiry to be held throughout the country for those citizens who wish to report irregularities and fraud that they observed during the 2006 elections.  The committee, which will include by lawyer Gyaneshwar Prasad Lala, will begin traveling around the country next week taking the accounts of persons and political parties to try to determine what, if anything, went wrong in the previous election.  The information that is gathered, says Lala, will then be used to make recommendations about how the interim government should conduct itself in the upcoming election to ensure that such irregularities do no repeat.  Already the commission has received so many submissions that the Chairman of the Inquiry, Dr. Shaista Shameem, said that the consulted hired to take the interviews will be forced to wrap his first round soon because so much information has already been brought forward.

This investigation comes even after international observers declared that the elections were not irregular.  Spokesmen for the committee insist that the inquiry is necessary because the international observers were not aware of a huge loss of voting paper from the election, a loss that was only discovered after the 2006 coup.  Lala says that it is not yet certain if the missing voting paper contributed to election fraud, but that this is what the inquiry is designed to find out.

In other news, interim Prime Minister Bainimarama said on 15 August that the next election of Fiji’s government is scheduled to be held on March 13, 2009; however, he went on to say that this date was incumbent upon all of the necessary preparatory work being completed in time.  It is this preparatory work, or the lack thereof, that has brought on criticism from the chairman of the Forum/Fiji Workgroup, Peter Eafeare.  Eafeare, who is also PNG’s High Commissioner to Fiji, says that before an election can be held certain infrastructural milestones–such as a census, updates to the electoral roll and a redrawing of constituency  boundaries–must first be reached.  Of the lack of boundary reform Eafeare has said, “Not withstanding the fact that you require a full constitutional body like a parliament to decided on that, [the Constitutional Boundary Commission] was supposed started 7th July and be completed by the 31st August still not seen hide nor hair of [it].”

Parmesh Chand, Head of the Prime Minister’s Office, spoke out saying that the international community has not offered sufficient praise to Fiji’s Government for its positive strides towards a democratic future.  Chand said that the government has made a commitment to hold elections by March 2009 at the latest and has ear-marked funds for electoral commissions and a census, but despite these steps  he and other members of the  government face travel restrictions from New Zealand, Australia and the United States.  “Where is the goodwill of the international community and your government as well in all this?” Chand asked, referring particularly to New Zealand.

Please see also:
“Date set for next election” Fiji Times Online (16 August 2007)
“Lawyer Lala leads probe into last poll problems” Fiji Times Online (16 August 2007)
“Fiji Human Rights Commission appoints Suva-based lawyer to investigate 2006 election” Radio New Zealand International (15 August 2007)
“Fiji falling behind agreed election schedule” Radio New Zealand International(
15 August 2007)
“Fiji rights group commission probe of 2006 election” Radio New Zealand International (15 August 2007)

Update on the Investigation into the Death of Tevita Malasebe

Since the death of rugby player Tevita Malasebe in June the international community has been paying particularly close attention to the courts of Fiji to see if the interim government was serious about its desire to end corruption in Fiji.  While there are several heartening signs to indicate that the interim government is not using its authority to shield those implicated in the death, there jury is still out regarding whether the government will behave in good faith.

Malasebe, 30, was taken from his family’s home by police officials early on the morning of 6 June, the officers insisting that he was only being taken to discuss “minor matters”.  The officers indcated that Malasebe was to be taken to Valelevu Police Station for questioning. When Malasebe’s mother, Anisa Nakuila, went to the police station an hour later to look for her son, she was told that neither Malasebe nor any of the arresting officers had returned to the station.  She did not learn of her son’s fate until staff at the Colonial War Memorial Hospital called her and asked her to come down and identify her son’s body.  acting police commissioner Romanu Tikotikoca announced that the incident would be investigated as a murder and that transparency and justice would be the hallmarks of the investigation.

The first heartening sign came during the bail procedure on July 26.  Seven police officers–Corporal Eremasi Naraga, Constable Lole Vulaca, Constable Waisale Boletawa, Constable Maika Rauqera, Constable Rusiate Korovusere, Constable Jone Cama and Constable Eronimo Susunikoro–were charged with the murder of Malasebe and Sargeant Pita Matai was charged as an accessory to the murder.  Each man posted his $500 and most offered their spouse as their surety.  Wilisoni Kurisaqila, the State Lawyer in charge of the case, suggested to the court that alternate surety be provided, believing that the spouses of the accused would not be credible enough.  Justice Shameem agreed and ordered the defendants to provide more appropriate sureties.  Attorney for the Defendants Semesa Karavaki assured the court that the accused would provide alternate sureties, but that it would take some time to find such individuals.  The matter was then adjourned for later consideration.

Transparency International’s Fiji administrator, Harry Singh, has also issued a statement that the investigations into Malasebe’s death and into the death of two other men, Nimilote Verebasaga and Sakiusa Rabaka (who also died while in police custody), were proceeding well.  While there have been delays in both cases, Singh insists that there are good reasons for the delays.  “I don’t see anything wrong with it from our perspective, because the DPP has approved the charges to be laid and now it is a matter of charges being processed in the proceedings with the court system. I have no difficulty with that. And the other case, we have full confidence in the independence of the DPP in taking the other cases to the courts.”

However, the Fijian President, Ratu Josefa Iloilo, has still not taken a firm stand on whether or not he will extend immunity to the police and military personnel implicated in these cases.  After last December’s coup, the President presented a mandate which stated that: “Where necessary, facilitate all legal protection and immunity, both criminal and civil, to the Commander, officers and all members of the military”.  If the president does decide to grant immunity it could prove the worst fears of many international observers regarding the state of the the judiciary in Fiji.

The case is scheduled for call on September 20.

Please see also:
“Mum Grieves for Dead Son” Fiji Times Online (6 June 2007)
“Police Treat Case as Murder” Fiji Times Online (8 June 2007)
“Accused to Provide ‘Alternate Sureties'” Fiji Times Online (4 August 2007)
“President Silent on Immunity” Fiji Times Online (13 August 2007)
“Fiji agency of watchdog group says investigation into deaths in custody proceeding transparently” Radio New Zealand International (13 August 2007)