Impunity Watch: Oceania

Australia, Fiji: Australian lawyer deported from Fiji

Australian barrister John Cameron was deported from Fiji on Tuesday morning, June 26.  Immigration authorities in Fiji claim that Cameron breached the terms of his entry permit by engaging in full-fledged employment on a 14-day business visa.  Authorities state that the purpose of the 14-day business visa is only allowed for exploratory work, rather than full employment.

Cameron is currently representing Angie Hoffernan in her case against the interim government in Fiji, and was supposed to appear as her solicitor before the court the afternoon he was deported.  Hoffernan's argument is that the military unlawfully restricted her movements and her freedom of expression during and after the December coup.  It is the first court case challenging the military detention of civilians during the 2006 coup.

Cameron is also representing the Fijian Law Society in its complaint against the acting chief justice.  Fijian immigration authorities began exploring Cameron upon the complains of two local lawyers.

Cameron has denied violating Fijian immigration law.  He claims that the director of immigration, Commader Viliame Naupoto, had told Cameron he could come and go as he pleased just two weeks prior to Cameron's deportation.  Cameron states that under Section 9(2) of the Immigration Act, with a 14-day business visa, he is allowed to practice his profession, and that he has applied for extensions when he has to stay longer.  He did this most recently in March of this year.  Naupoto claims that Cameron has frequently abused the 14-day business visa, and that this is not an isolated case of deportation.  He says that Cameron's detention and deportation were not political in nature.

Please see also:
"Fiji authorities deport Australian lawyer"  Radio New Zealand International (26 June 2007)
"Australian lawyer deported from Fiji denies breaching immigration regulations"  Radio New Zealand International (26 June 2007)
"Cameron was working illegally"  Fijilive (26 June 2007)
"Australian lawyer defending anti-government activist denied entry"  Pacific Magazine (27 June 2007)

Fijian Government Expels New Zealand's Top Diplomat

    The New Zealand High Commissioner to Fijiwas expelled by the Fijian government on Thursday. It is unknown precisely why the Fijian government, under orders from Prime Minister Commodore Voreqe Bainimarama, expelled Mr. Green, but the Bainimarama has been quoted as saying that it was because Green was “in [our] face.” His comments almost certainly point to New Zealand’s condemnation of the Fijian coup that took place last December and the Mr. Green’s continued relationship with the deposed government. On Monday Bainimarama reiterated that, “I will not state the reason why Green was expelled. It was done to maintain the sovereignty of this nation.”

    Some observers have speculated that the path towards Green’s exile began thirteen days ago at a rugby match. During a Junior All Blacks in Suva Green was invited to sit at a chair on the dais. The seat was originally intended for Fiji President Ratu Josefa Iloilo, but when he did not show up event organizers asked Green if he would assume the position of honor. Bainimarama was also at the match, but was not asked to sit at the dais. Bainimarama later stated that it was “childish” to presume that Green was expelled because of a rugby match, but he did say that, “I think the Fiji Rugby Union has done the people of this nation a big disservice. Out of 800,000 people ... they went and nominated the enemy of the day, in a Kiwi, to be chief guest when we played the [Junior] All Blacks.”

    At this point it is unclear what effect the expulsion will have on relations between Fijiand the rest of the world. Without going into specifics, the New Zealand Foreign Minister has said, “The New Zealand Government deplores this action . . . [and that] there will undoubtedly be consequences for Fiji, as this action will be viewed very seriously not only by us, but by Fiji's other international partners.”

Please Also See:
"Fiji Expels Top New Zealand Diplomat" CNN (13 June 2007)

"Fiji Leader Attacks Rugby Union for Entertaining 'Enemy of the Day'"  New Zealand Herald (18 June 2007)

"He was in Our Face" Fiji Times (18 June 2007)

Australia: Ethnic tensions run high in case against police officer

Police Sgt Chris Hurley pled not guilty to charges of manslaughter and assault in the 2004 death of Cameron Doomadgee.  Doomadgee was found dead in his cell with his liver cleaved in two, which the prosecution alleges was the result of police brutality.  The case has caused tension between the police and the Aborigines of Palm Island, which is off the coast of Queensland, since Doomadgee (also known as Mulrungi) was Aboriginal.

When prosecutors originally found that there was not sufficient evidence to sustain the charges,  residents torched the police station and the homes of the fourteen police who worked there.  After these events, an independent panel reviewed the case and brought charges against Hurley.  In response, police officers in Queensland have taken to wearing blue armbands in support of Hurley, and many have threatened industrial action.  These police officers believe Hurley is being used as a political scapegoat.

The prosecution claims that Hurley and Doomadgee fell on the entrance step at the back of the police station, and that in doing so, "in some way Mr Hurley has, contrary to his recollection at the time, fallen on Mr Doomadgee ... Some part of his body has tragically come into contact with Mr Doomadgee."  Hurley claims that when they fell, he had fallen beside Doomadgee, rather than on top of him, and certainly not in an "intentional knee-drop" as alleged by the prosecution.

The defense raised the point that Hurley had voluntarily spent most of his career in rural, remote Aboriginal communities.  Defense counsel Bob Mulholland claims that the prosecution had "taken tawdry or cheap shots at Sergeant Hurley and determined to get him, despite the evidence" and that parts of their theory are superficial, contrary to the evidence, and generally unfair.

The medical experts stated that the type of injury Doomadgee experienced was of a sort rarely seen outside of victims of high-speed collisions, plane crashes, or downhill skiing accidents.

Doomadgee was arrested for public drunkeness after verbally abusing police officers.  Palm Island has long been associated with indigenous people, disadvantage, and trouble, BBC reports.

Please see also:
"Hurley a 'protector of community' "  The Australian (19 June 2007)
"Calm urged in key Aborigine trial"  BBC News (16 June 2007)
"Hurley's defense prepares to make case in Palm Island trial"  Australian Broadcating Corporation (15 June 2007)

Papua New Guinea: Armed candidates threaten election

Don Polye, Papua New Guinea's Deputy Prime Minister, has warned that gun-weilding candidates may disrupt elections in the Highland Provinces.  The government is planning on deploying over 2000 security forces to the five Highland Provinces two weeks before voting begins on June 30, confirming that violence and intimidation over this period seems inevitable.  The elections in the Highland Provinces are staggered, to give the security forces a better opportunity to coordinate their operations.

Polye has appealed to the candidates to respect the law, stating, "It is embarrassing and it is discouraging. It’s very demoralizing for candidates – I mean sitting MPs and non-sitting MPs – who are supposed to be leaders, to encourage supporters and voters, especially youths, to have firearms in their possession for election purposes. I condemn it, it must not happen."

However, the Somare government's controversial appointment of provincial administrators has already triggered ethnic clashes in the Southern and Western Highlands provinces.  The PNG Supreme Court has gotten involved, staying the appointments made by some administrators upon the request of the regional governors.

Australia has advised its citizens to avoid the Highlands area during the election period, citing elections-related violence likely to erupt between opposing clan and political groups.  Australians are advised to avoid demonstrations, rallies, and other public gatherings.

The warnings may well be needed.

Ananias Popo, a Chauve Open candidate for the Chimbu province, was stabbed to death last week in Enga province in the Highlands, where he was visiting his family.  Witnesses said he was attacked by a man who demanded Popo pay for renovations done in a village outside Wabag, where he was stabbed.  Polye himself was rushed from a rally being held in Enga, after an opposing candidate fired a pistol into the crowd and unidentified gunmen fired rifles at the Deputy Prime Minister.

Please see also:
"Election candidate slain"  Islands Business (13 June 2007)
"PNG election candidate stabbed to death"  Xinhua (13 June 2007)
"Gunmen fire pistols, automatic rifles at Deputy PM"  Pacific Daily News (13 June 2007)
"Candidates with guns threaten PNG election"  Pacific Magazine (05 June 2007)
"Australians urged to keep away from PNG Highlands"  Pacific Magazine (01 June 2007)

Tonga: Emergency powers extended, democracy groups dismayed

The Emergency Powers for Public Safety and Public Order Regulations 2007 have been extended for another thirty days, starting June 15.  Paula Ma'u, Acting Secretary of the Prime Minister's Office, says that the powers are being extended police are still being threatened and people are being targeted.  She says that the extension is a precaution.

The 2007 Regulations are less stringent that the 2006 Regulations.  For example, there is no longer a prohibition on meetings of five or more people and police cannot stop and search people without suspicion or a warrant.

However, Akanete Lauti, director of the pro-democracy movement, believes that the extension is a delaying tactic by the government to prevent the pro-democracy movement from meeting.  She says, "To me I still think that we are still under surveillance, and I found it really really, you know it’s rather frustrating because we have been trying to meet, our executive board has not been able to meet since the imposition of the emergency powers back to 2006 last year to the present."

Please see also:
"Tonga extends emergency rule"  Marianas Variety (19 June 2007)
"Tonga's emergency powers extended for another month"  Matangi Tonga (18 June 2007)
"Tonga's pro-democracy movement says latest emergency extension a delaying tactic"  Radio New Zealand International (18 June 2007)
"Tongan pro democracy movement calls emergency extension a delaying tactic"  Pacific Magazine (18 June 2007)

Fiji, New Zealand: NZ Diplomat thrown out of Fiji

Michael Green, the New Zealand High Commissioner to Fiji, was told to leave the country on Thursday, June 14.  He is expected to leave today, which was the deadline given.  Fiji has also removed its own representatives from New Zealand, Australia, and the United Kingdom.

Interim Prime Minister Commodore Voreqe Bainimarama stated that it was with "deep regret and reluctance" that he arrived at the decision to force Green out of Fiji.  Bainimarama claims that Fiji's High Commissioner in New Zealand was constantly snubbed, and that "Mr. Green's attitude did little to help the situation."  The centre of Bainimarama's complaint against Green is that Green was interfering in domestic affairs.  He blames the continually strained relations between New Zealand and Fiji on Green, and claims to be open to another High Commissioner, should New Zealand choose to appoint one, stating that his problem with Green stemmed from "his persistent interference in Fiji's domestic affairs" and that Green "stepped out of line despite repeated warnings."

Today, Bainimarama was somewhat less reserved about his opinion.  While he refused to disclose the reason for Green's expulsion from the country, other than that Green was "in our face" since the military takeover, he did say that it was not over a recent rugby match, where Green was invited as chief guest.  However, he went on to say, ""Out of the 800,000 people in the country, [the Fiji Rugby Union] went and nominated the enemy of the day,   a Kiwi, to be the chief guest."  Bainimarama dubbed the invitation "a disservice to the people of this country."

New Zealand's response has been to urge New Zealanders to avoid Fiji while further sanctions are being reviewed.  Prime Minister Helen Clark told the New Zealand Herald, "What Fiji's done is a serious and significant act. Our response must be serious and significant and we are not going to be rushed into that [...] There is no rhyme or reason to it. As a result of this action affecting us we are putting the whole relationship under review." Clark continued, "I must stress it is not business as usual. Fiji's provocative act makes it absolutely clear that there should not be business as usual."  Among other sanctions, New Zealand will go to the United Nations to request that Fiji not be included in peacekeeping missions, due to the troubled state of Fiji itself.  New Zealand has already sanctioned against Fiji participating in various regional missions, projects, and programmes.

Please see also:
"Clark urges NZers not to visit Fiji ahead of further sanctions"  New Zealand Herald (18 June 2007)
" 'He was in our face' "  Fiji Times Online (18 June 2007)
"Fiji PM says High Commissioner was 'in our face' "  Pacific Magazine (18 June 2007)
" 'No problem' claims Bainimarama"  New Zealand Herald (17 June 2007)
"Leave, top NZ diplomat told"  Fiji Times Online (15 June 2007)

Fijian Police Forces Under investigation for Murder

Acting Police Commissioner Romanu Tikotikoca has opened an investigation into the death of Tevita Malasebe's, who was pronounced dead at Colonial War Memorial Hospital in Suva early Tuesday morning.

Malasebe was arrested when eight police officers in civilian dress showed up at his family's home on Monday night.  Anisa Nakuila, Malasebe's mother who was also at home, was told by the officers that her son was being taken to the police station to discuss "minor matters" and that she should not worry.  Several hours later, when she had not heard from either the police or her son, Malasebe's mother drove to the police station, but was told by officials there that her son had not been brought there.  Confused, Nakuila returned home where she received a call from Colonial War Memorial Hospital telling her that her son was.  The doctors would not discuss Malasebe's condition over the phone so Nakuila did not discover that her son was dead until she arrived at the hospital. 

When Nakuila first asked the police what had happened, she was told that her son had experienced trouble breathing and had been taken to the hospital, where he had died.  When the autopsy revealed that Malasebe's had suffered internal injuries Commissioner Tikotikoca opened a murder investigation.  He has already interviewed at least thirty police officers about their involvement with Malasebe's death and has said that the investigation would be conducted impartially, fairly and transparently.  If it is found that police officials murdered Malasebe, Tikotikoca has said that those officers would face justice just "like any other citizen."

This is not the first time an incident like this has been reported in the island nation. Last year two other individuals, Nimilote Verebasaga and Sakiusa Rabaka, died as a result of their military detention, helping to compose a string of abuses that have evoked international condemnation. While human rights agencies have been wary since the December 2006 coup, to date no one has faced formal charges of abuse.

For More Information about this story, please see:

"Mum Grieves for Dead Son" Fiji Times Online Wednesday June 6th, 2007

"Human Rights Commission Condemns 'Death in Custody'" Pacific Magazine Wednesday June 6th, 2007

"Fiji Police Treat Fatal Police Beating as Murder" Radio New Zealand International Thursday June 7th, 2007

"Fiji Police Probe Death in Custody as Murder" Pacific Magazine Thursday June 7th, 2007

"Police Treat Case as Murder" Fiji Times Online Friday June 8th, 2007

 

 

Governor Sutiyoso, “Apology Accepted”

New South Wales Premier Morris Iemma sent a letter to apology to Jakarta Governor Sutiyoso for last weeks intrusion into his hotel room. The letter, delivered on May 31^st, indicated that the incident was blamed upon a miscommunication between Detective Sergeant Steve Thomas and a fellow officer. Mr. Iemma expressed deep regret over any inconvenience or distress that may Mr. Sutiyoso may have experienced during his stay in NSW. Mr. Iemma also reiterated his hope that the incident would not sour relations between Jakarta and NSW. The letter also indicated that a further investigation into the incident will be soon to follow.

Despite the rise in tensions that was felt when Thomas entered into Sutiyoso’s hotel room to deliver an invitation to appear at a coroner’s inquest regarding the 1975 of five Australian reporters, Sutiyoso on June 1^st said that he accepted the Premier’s apology. Tensions were further eased when Australian Ambassador Bill Farmer made a personal visit to the Governor’s office to express again the Premier’s apology.

When asked about the letter, Mr. Sutiyoso said "I feel very touched with this letter, very satisfied . . . [t]here are so many apologies in it, in so many ways, that I must be big-hearted. I must thaw this row between Jakarta and NSW. A letter like this is almost too much - more than I need."

The inquest into the 1975 death of Brian Peters, one of the five reporters killed in East Timor, is still underway.

For More Information on This Story, Please See:

ABC News Online

The Australian

BBC News