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)

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 report here.)

CNMI governor Benigno Fitial and CNMI’s Washington Representative, Peter Tenorio, disagree over what should be done in the face of the proposed federal legislation.  Fitial told the Saipan Tribune that while the Covenant between the United States and CNMI does allow the United States Congress to apply U.S. immigration laws to CNMI, Congress is not authorized to “preempt all local labor laws and to allow a federal bureaucracy of five departments to make the critical decisions regarding our economic development, our workforce, and our community’s standard of living.”  He criticized Tenorio for failing to propose specific items to allow more local input in the proposed program’s administration.  Fitial said, “The real problem is that the Washington representative and I have different views about our own ability to govern ourselves.  He says we have made too many mistakes in the past so that we cannot be trusted to manage our immigration and labor laws.  I am disappointed that he has these views.  I do not share them.”

Tenorio views the problem differently, and is “disheartened” that Fitial characterizes his stance in that manner.  He says that he is trying to make the federalization of immigration work for CNMI, and that he has not given up.  Tenorio believes that CNMI’s own immigration laws are to blame for both the lack of economic development and the problem of what Tenorio has described as the outsourcing of CNMI’s own home to foreign workers.  Furthermore, he tells the Saipan Tribune, “The Fitial administration has made my job more difficult.  Its attitude, arrogance, gross misrepresentation of the bill, and its unfortunate treatment of those who are trying to help us in Washington are threatening the goodwill and dedication that members of the Senate Energy Committee and the House Natural Resources Committee have toward the CNMI.”  He added, “To the Governor, I say, I am not your problem and the federal government is not your problem.  The problem is the status quo.”

Fitial acknowledges some benefit to CNMI from the proposed legislation, namely that H.R. 3079 calls for a permanent CNMI non-voting delegate to the House of Representatives.  However, he has asked that it be separated from the rest of the bill and be considered first, on its own merits.  He maintains that the rest of the bill has negatively impacted the quality of life in CNMI already, and that he cannot support a federalization of CNMI’s immigration regulations.

Fitial and Deputy Assistant Secretary for Insular Affairs, David Cohen, exchanged press statements earlier this week, highlighting the frustration.  Fitial has accused Cohen of misusing statistics regarding human trafficking in CNMI, while Cohen stands by his statistical analysis.  Cohen said, “Rather than debating statistics, let’s all acknowledge the obvious: We have a problem here, and we should all work together to address it.  Reasonable people can disagree about whether federalization is the best way to deal with this problem.  We won’t be able to address the problem, however, until we are willing to acknowledge that the problem exists.”

Unlike Fitial, Tenorio has found Cohen to be a helpful ally in advocating for CNMI’s needs in Washington.  He believes that Cohen and other federal officials are aware of the requirements of the Covenant and are trying to be accommodating.

Please see also:
“Fitial nixes white flag”  Saipan Tribune (08 August 2007)
“Deal with the problem, not statistics”  Saipan Tribune (08 August 2007)
“It’s not about giving up but making federalization work for us”  Saipan Tribune (09 August 2007)
“Prioritize delegate to Congress”  Saipan Tribune (10 August 2007)

On Sunday, a young Wanigela man died after being stabbed by a group of drunken Koki men.  Wanting the Goilala community to turn over the perpetrator and pay compensation, Wanigela residents blocked off roads and started burning tires near Koki Market.  According to witnesses, they also began harassing the general public.  Around 5am on Monday, the Wanigela and Goilala groups began fighting again, prompting police action.

Police had been deployed on Sunday night to investigate, and were attacked when they arrived.  They were also caught between the two groups when fighting resumed Monday morning.  One Wanigela youth was shot during an early scuffle, and police reinforcements were called in.  They rounded up the Wanigelas, brought them back to their village, and were attempting to resolve the problems when the body of the young man was brought back to the village, inciting the Wanigela residents who then attacked the police.  Several police vehicles were stoned and a senior police officer was forced to take cover while attempting to address the crowd.

Residents report that two men are dead, one person is in critical condition, and six others are recovering from bullet wounds.  One of the deaths and all of the injuries are alleged to be caused by the police, who officially claim that they had only fired warning shots and tear gas canisters.  The police superintendent was not available to comment to the Post-Courier yesterday afternoon, but policemen who were at the scene confirmed that several people were struck by bullets fired by police officers.

The situation remains tense, and police are keeping an eye on the area.

Please see also:
“PNG police break up fight at market”  Radio New Zealand International (06 August 2007)
“Police fire shots to disperse PNG crowd”  New Zealand Herald (06 August 2007)
“Two dead, six hurt in Port Moresby skirmish”  Pacific Islands Report (07 August 2007)*
“2 die in Koki clash”  The National (07 August 2007)

* Please note that the Pacific Islands Report is a reprint of an article originally appearing in the Post-Courier, found here.

Solomon Islands Prime Minister Manesseh Sogavare faces a no-confidence vote when Parliment resumes next Tuesday.  He claims that he has the numbers to survive the motion and is unconcerned.  This is the second no-confidence motion Sogavare’s Government will have faced in its fifteen months in power.  However, the Solomon Star reports that a “well-placed Government source” has informed them that some of Sogavare’s own ministers have signed with the opposition.  The source claims that these ministers feel that the Government is losing the trust of the people, and therefore, although they have told Sogavare that they support him, in reality, they plan to vote against him next week.

Lobbying has been intense, and will remain so through the vote.  The Government faces pressure from a variety of civil society organizations, mainly over the appointments of Julian Moti and Jahir Khan.  Sogavare has dismissed the concerns of the Civil Society Group, which sent a letter to the Government requesting the termination of Moti and Khan, and requested that the rearmament programme be changed.  He said, “Government ministers and backbenchers would not give into any demand made by a so-called Civil Society Group made up of a bunch of individuals who serve foreign interests for their own benefit.”  He continued on to state the the Civil Society Group did not represent the views of Solomon Islanders in any way, and cited poor attendance to the Group’s public lectures as proof.  Sogavare has also said that it is ridiculous to pursue constitutional issues through the media, and that those who wish to challenge Government appointments should do so through the court system.

However, citizens in Guadalcanal have stated that these three issues are foremost in their minds during the province’s 25th anniversary celebrations on Wednesday.  Premier Joash Salani made these issues the focus of his address, and said that Guadalcanal is vocal about them because they are at the concern of ordinary citizens in its province.  Sogavare, who was present as guest of honour during the ceremonies, responded that the Moti and Khan appointments were done under Solomons law and that the rearmament is being undertaken with RAMSI to provide security for the Government.

Please see also:
“Solomons leader says he is not worried by latest no confidence motion”  Radio New Zealand International (01 August 2007)
“PM denounces Civil Society letter”  Solomon Star (02 August 2007)
“Moti, Khan appointment expressed”  Solomon Star (02 August 2007)
“Some Sogavare backers may oppose him in no-confidence vote”  Pacific Magazine (03 August 2007)