French Minister Blames Political Process for French Polanisia Instability; Tonga Passes Legislation to Encourage Reforms; Outgoing Vanuatu MP Challenges Constitutionality of Electoral Law

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

PAPEETE, Tahiti —  Despite political elections in March, a junior French oversea territories minister is attributing political instability in French Polynesia to the “quarrels and personal ambitions among local leaders” reports Radio New Zealand International.

Jego Yves, the junior French oversea territories minister, says that for the political system to change reforms must start with politicians in Papeete. According to Yves, the key politicians in the capital city are responsible for destabilizing the political system largely because they force local mayors into making deals.

In addition, Yves criticizes the electoral process because he feels the system is corrupt from within. If the two past two elections have not produced better results, says Yves, then new elections are not the answer.

For more information, please see:
Radio New Zealand International — French minister blames Tahiti politics for instability — 24 July 2008

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NUKU’ALOFA, TONGA — Tonga’s Parliament has passed new legislation which seeks to promote greater reforms within the executive and legislature.

The new bill sets up a nine member Commission. Five of those members will be appointed by cabinet including one from the Nobles and People’s Representatives, and the remaining two from the Judicial Services Commission.

The Commission’s job will be to recommend reforms and changes to help facilitate the relationship between the executive and legislature. The Commission will have ten months in order to submit their recommendations to the Privy Council and Legislative Assembly. Among its appointed powers, the Commission can call a national Constitution Convention within seven months of appointment.

As a separation of powers measure, the bill has stipulated that a member of the Commission will not be allowed to serve in the Legislative Assembly or cabinet.

For more information, please see:
Pacific News – New Constitution bill in Tonga paves the way for political reforms – 24 July 2008

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PORT VILA, Vanuatu — Outgoing Vanuatu member of Parliament and Chairman to the Melanesian Progressive Party, Barak Sope, is claiming that an electoral law gives certain politicians an unfair advantage.

Sobe is challenging the constitutionality of Peoples Representation Act No. 33 or 2007. The Act, Sobe says, allows people not within the constituencies of Port Vila and Luganville to vote in two municipal constituencies.

In addition, Sobe claims the legislation allows chiefs and landowners to decide where people residing on their property can vote. Sobe has secured legal representation, and maintains that if his constitutional challenge is successful, a restraining order against the electoral office will ensue, effectively delaying elections until the matter is resolved.

The elections are scheduled for September 2, but may be delayed if Sobe’s constitutional challenge is successful.

For more information, please see:
Radio New Zealand International — Vanuatu elections could be delayed by constitutional challenge — 24 July 2008

Albany Student Detained in Iran; Five Injured Near Obama’s Jerusalem Hotel; Nine Face Stoning in Iran

By Ben Turner
Impunity Watch Reporter, Middle East

TEHRAN, Iran – A University of Albany public health student and as his brother have been arrested by Iranian security.  Kamiar Alaei is enrolled in Albany’s doctorate public health program and is known internationally for his work with HIV/AIDS prevention.

On June 22, security forces detained Kamiar’s brother, Arash Alaei, and held him overnight at an undisclosed location.  The next morning, the security forces escorted him to his home where they arrested Kamiar and seized documents and materials belonging to the brothers.

The Iranian government has yet to announce why the brothers were detained or whether any charges will be brought against them.  According to Human Rights Watch, the authorities have also not provided the brothers with access to counsel.

The brothers are credited with convincing the Iranian government of confronting HIV/AIDS prevention.  The accomplishment is that much more remarkable given Iran’s reputation for considering such topics as sex, drugs and the HIV/AIDS disease as taboo subjects.

For more information, please see:

BBC – Iran Urged to Free HIV Pioneers – 22 July 2008

Times Union – UAlbany Student Detained in Iran – 22 July 2008

Human Rights News – Iran: Release Detained HIV/AIDS Experts – 21 July 2008

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JERUSALEM, Israel – In July 22, a man driving a bulldozer went on a rampage, ramming his construction vehicle into several cars and buses near the hotel where U.S. presidential candidate Barack Obama is scheduled to stay later that day.

Eleven people were injured in the attack, including one serious injury.  The man, whom police have identified as a 22-year-old Palestinian with a criminal record, smashed into cars until a civilian witness and police shot and killed the bulldozer driver.  Police described the incident as a terrorist attack.

This is the second bulldozer attack in Jerusalem this month.  On July 2, a Palestinian construction worker rammed his vehicle into several cars.  Three people were killed before police shot and killed him.

Obama, who is scheduled to stay at the hotel tonight, strongly condemned the attack.

For more information, please see:
CNN – Attack Injures 5 Near Obama’s Jerusalem Hotel – 22 July 2008

Reuters – Bulldozer Attack Driver Shot Dead in Jerusalem – 22 July 2008

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TEHRAN, Iran – Iranian courts have sentenced eight woman and one man to death by stoning for adultery and other sexual offenses, including prostitution, incest and illegal sex with a student.  Now that the verdict has been rendered, the group can be executed at any time.

Six of the nine were convicted without any witnesses testifying against them and without the presence of lawyers during their confessions.  The group’s lawyers have called on Iran’s judiciary to prevent the stonings from being carried out.

In 2002, Iranian judiciary chief Ayatollah Mahmoud Hashemi Shahroudi imposed a moratorium on stoning.  However, at least three executions by stoning have been reported since the moratorium has been in place.

Under Iran’s strict penal code, men convicted of adultery should be buried up to their waists and women up to their chests for stoning. Those carrying out the verdict then throw stones until the condemned dies.  Iran’s penal law dictates that the stones used not be large enough to kill the person immediately.

For more information, please see:
Guardian – Eight Women and a Man Face Stoning in Iran for Adultery – 21 July 2008

Associated Press – Activists: Iranians to be Stoned to Death – 20 July 2008

BBC – Nine Face Stoning Death in Iran – 20 July 2008

Smith Says Way is Clear for Fiji Elections; Media Shocked at Creation of Media Tribunal; People’s Charter Draft Ready End of July, Samy Says

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

SYDNEY, Australia — Fiji’s Interim Prime Minister Frank Bainimarama has been consistent in the past months in his view that social and political reforms were needed before any democratic elections can take place.  This view was directly challenged this week as the Pacific Island Forum concluded talks with Fiji’s leaders and Stephen Smith, Australia’s Foreign Affairs Minister, said that there is no justification for any delay in Fiji’s people going to the polls next March.

According to Smith, Bainimarama has gone back on the promise election promise that he made to the Pacific Island Forum last year.  With ample time and a stable environment, there is no reason to postpone elections, Smith said.  “There is nothing that we have seen or heard which would stand in the way of that occurring, provided that there is the political will. The political will in the first instance, primarily if not exclusively from the interim government, but also the political dialogue which ensues between the political players in Fiji which we both encourage and welcome.”

For more information, please see:
Fiji Broadcasting Corporation Limited — Smith criticized delay in Fiji elections — 20 July 2008

Fiji Times — No justification for poll postponement: Smith — 20 July 2008

Radio New Zealand International — Forum ministers see no impediment to March elections in Fiji — 16 July 2008

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SUVA, Fiji –– The interim government of Fiji’s stance towards the media has sparked the ire of the country’s Media Council and particularly its chairman, Daryl Tarte.  Tarte is concerned about the perceived differences between what the Council was told by interim Attorney General Aiyaz Sayed-Khaiyum and what the interim government has actually done.  Addressing the Council, the interim AG said that existing media lalws would be consolidated into one piece of overarching legislation, but a day later the interim government announced that it would create a tribunal to hear appeals on grievances lodged with the Media Council.

The interim government defends its action, saying that there is nothing new in the consolidation of laws.  He also reiterated the government’s previously stated stance that, “We do not want to control the media or the content of the media by licensing it.”

Tarte, however, sees things differently.  He is upset by the fact that there are discrepencies between interim government’s words and their actions.  “At the media council meeting on Wednesday, the interim attorney general was invited to talk to council members about the Government’s-media relationship, and he cateorically stated the government did not intend introducing any form of legislation. The very next day it is announced that government are going to impose legislation.”  Fiji Times also reports that he has expressed his fear that, along with the hearing appeals, the tribunal would set codes of conduct and exact fines.

For more information, please see:
Radio New Zealand News — Fears Fiji tribunal will undermine media — 19 July 2008

Fiji Daily Post News — Media council wants their views heard — 19 July 2008

Radio New Zealand International — Fiji media council stunned by interim regime’s regulation — 18 July 2008

Fiji Times — State move on media shocks council head — 18 July 2008

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SUVA, Fiji — The a draft of the interim government’s much touted People’s Charter should be finished by the end of the month, says the National Council for Building a Better Fiji.  The chairman of the Council, John Samy, said that the time line for getting the the Charter out was accelerated so as not to interfere with  possible elections next year.

Along with the Charter Samy announced that a State of the Nation report would also be released as well as an economic report. During the announcement, which was delivered to an applauding crowd of the NCBBF, he said, “Not all provincial councils are against the idea of the Charter, in fact below the provincial council, at village and grassroot level, the response we are getting is broad based support.”

For more information, please see:
Fijilive — Draft People’s Charter to be out soon — 15 July 2008

Radio New Zealand International — Draft Fiji People’s Charter expected to be complete by end of this month — 14 July 2008

UPDATE: Tonga’s People’s Rep is Cleared of Riot-Related Crimes; PNG Accused of Ignoring Government Minister’s Corruption Charges; UPDATE: Minister Urges PNG to Develop Plan for Refugees

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

NUKU’ALOFA, Tonga — The number two people’s representative in Tonga, who was charged with crimes relating to the November 2006 riots, has been cleared of those charges.

Tonga’s April elections had been the first since 2006, when the pro-democracy movement turned violent, causing the death of eight and destroying Tonga’s capital city, Nuku’alofa. The riots erupted after the Legislative Assembly of Tonga adjourned for the year without employing promised reforms. Five of the six newly elected candidates faced criminal charges for their alleged involvement in the riots.

Isi Pulu was the first of the people’s representatives to stand trial for his alleged involvement in the riots.

For more information, please see:
Radio New Zealand International — Tonga’s number two People’s Rep cleared on riot-related charges — 14 July 2008

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PORT MORESBY, Papua New Guinea — The PNG government is under pressure for allegedly ignoring reports that a government minister took 40 million US dollars from logging deals.

Since 2002, a Senior Minister in the PNG government, who remains unnamed, allegedly took 2.1 per cent of each log exported out of the country. The Post Courier, a PNG newspaper, reported that the money was kept in two Singapore accounts and managed by a consortium.

Bart Philemon, PNG’s deputy opposition leader, believes the government has chosen to ignore the issue:

“The government has been reluctant to deal directly with a lot of these issues. Like any other issues that have come up, it would appear that the government takes a non-active involvement in trying to find out whether there’s substance to some of these allegations or not.”

A public petition is currently circulating which calls on the Prime Minister to make inquiries into the corruption allegations.

For more information, please see:
Radio New Zealand — PNG govt under pressure to investigate corruption allegations — 14 July 2008

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PORT MORESBY, Papua New Guinea — A senior minister in Papua New Guinea (PNG) told Parliament last week that the country has no clear plan to deal with refugees currently squatting in the country.

Foreign affairs, Immigrations, and Trade minister, Sam Abal, has announced the United Nations High Commission for Refugees (UNHCR) is responsible for deciding whether refugees in PNG should be resettled. The question is whether the refugees prefer to remain in PNG or move to a third country.

Some refugees are uncertain as to whether, after 30 years of living in PNG, they have the same rights as Papua New Guineans, or whether they will only become permissive residents. Mr. Abel says that residents are subsequently confused about their status because of the government’s lack of a clear policy.

Mr. Abel maintains that all refugees currently squatting in Port Moresby have the right to apply for citizenship.

For more information, please see:

The National/ PacNews — No clear policy on West Papuans –Abal — 14 July 2008

NZ Makes Exception to Fiji Travel Ban for Medical Emergency; Fiji Women Request Place at Political Forum; Organization UPDATE: Fiji Police Maintains They Do Not Need Help

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

WELLINGTON, New Zealand — After declaring that it would maintain its travel ban against all members of Fiji’s interim government and their families, the government of New Zealand has granted an exception for the daughters of a Fiji naval officer so that they can visit their seriously ill brother.  Osea Namatalevu, son of Keveli Namatalevu of the Fiji Navy, is a New Zealand based rugby player who is studying in New Zealand and how is in urgent need of a bone marrow transplant to treat his Hodgkins Lymphoma.

Originally the government of New Zealand intended to hold firm to its commitment to its travel ban, despite the pleas of interim government to grant an exception.  Osea’s mother, Makarita Namatalevu, was dismayed at the New Zealand government’s position and worried that the delay in granting the visas could have an adverse effect on her son’s health.

The cost of Osea’s treatment is expected to reach upwards of $50,000, but Fiji’s interim government has announced that it will hold a fund raiser to assist the Namatalevu family with the costs.

For more information, please see:
Radio New Zealand International — New Zealand Government makes exception to Fiji travel ban — 11 July 2008

Radio New Zealand International — NZ upholds travel an despite Fiji plea for for help in medical case — 11 July 2008

Fiji Village — Grant Visas Please — 11 July 2008

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SUVA, Fiji — The Fiji Women’s Crisis Centre and the Fiji Women’s Rights Movement have written letters to the Commonwealth Secretariat Special Envoy to Fiji calling for the final terms of reference for women to have a seat at the proposed political forum.  The letter was delivered to Sir Paul Reeves while he was in Fiji last week.

Virisila Buadromo, executive director of FWRM, has said that it is essential for women to play a role in peace negotiations and post conflict reconstruction in this time when Fiji is transitioning back to Parliamentary democracy.  She also said that, to date, she has been disappointed that she has not yet received a response to the letter.  “We were quite disappointed that despite us sending a letter last week while he was here, asking if he could include us in his meetings, while he was hear trying to formulate the terms of reference, we didn’t get any response from it at all. We think we should be part of the designing of that terms of reference as well as being part of that political forum.”

The forum is expected to convene next month.

For more information, please see:
Fiji Times — Include us, women say — 10 July 2008

Radio New Zealand International — Fiji women’s organization wants a voice in forum — 09 July 2008

Fiji Times — Women’s organization writes to Sir Paul — 09 July 2008

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SUVA, Fiji —  As the investigation into the death threats made against Australian High Commissioner to Fiji James Batley continue, a spokesman for the Fiji Police has said that assistance from other countries may be necessary.  While this marks a change in course from previous statements that have come from his office, Mua has maintained that they “have enough manpower to continue with our investigation and providing security at the High Commission.”  Specifically Mua said that the police department did not the aid that Australia and New Zealand had offered.  “There are other countries where we can get the help from apart from these two countries, the ministry will look into these areas.”

The assistance that Mua has indicated his office may need is more technical.  He revealed this week that officers could not lift finger prints from two of the death threats that had been received (the other death threat was received via email).

While Mua has not wavered on his refusal to allow foreign officers into the investigation, his tone has changed in that last week with regard to the progress of the investigation.  Earlier the Fiji Police had announced that they had strong leads about who was responsible for the death threats, but now that optimism has dwindled.

For more information, please see:

Fiji Daily Post — ‘No Need’ — 10 July 2008

Radio New Zealand International — Fiji Police say they may need overseas help to solve threats against diplomat — 08 July 2008

Radio New Zealand International — Australia prepared to offer assistance to Fiji police — 07 July 2008

Fiji Times — Overseas help for threat case: Police —  07 July 2008