Impunity Watch: Oceania

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.)

 

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)

Papua New Guinea: Somare re-elected PM; tensions with Australia escalate

Papua New Guinea Prime Minister Michael Somare was re-elected on Monday for a second consecutive term, and his fourth term overall.  During the election, he accused Australia of interfering in the election process, likely due to the heated discussions last week over a leaked report which revealed that Somare sanctioned or ordered the flight of Julian Moti, who is wanted on sex offense charges in Australia.

Australia will continue to press the issue.  Foreign Affairs Minister Alexander Downer said, "We would hope that with Sir Michael Somare reappointed as Prime Minister, he would now publish the board of inquiry's report into the Moti affair so that everybody can have a good look at it."  The current tensions between PNG and Australia have led to a slow-down of other bilateral projects, including development, and Downer emphasized that the annual aid would be focused on the welfare of everyday PNG citizens rather than politicians, reports the Sydney Morning Herald.

There were internal tensions surrounding this election in addition to those with Australia.  Three rival members of Parliment filed a Supreme Court application challenging Somare's election on the grounds that he was not the leader of the National Alliance party at the time of the election.  Under the party's constitution, Somare was not capable of representing the party as its leader, and this in turn violates the Organic Law on the Integrity of Political Parties and Candidates.  The court will rule on the submission on Friday.  A ruling in favour of the opposition would require parliment to hold another election for prime minister.

Civilians planned a large-scale protest in Port Moresby.  Their primary grievances are what is now being termed the Moti Affair, the legalization of casinos, and the discontinuation of a corruption inquiry into the Finance Department.  Governor Powes Parkop and regional MPs for Port Moresby have backed the protest march.  Parkop is a human rights lawyer, in addition to being governor.  He said, "Civil groups are organizing to protest in Port Moresby and police are being deployed -- hopefully not a means to stop them -- but it appears to be a means to stopping them.  And my concern is that our people have the right to influence the formation of the government; we should not leave it to those people with money and power and a lot of resources."

Please see also:
"PNG PM accuses Australia of interference in elections"  Radio New Zealand International  (12 August 2007)
"Somare elected PNG PM for second consecutive 5-year term"  Radio New Zealand International  (13 August 2007)
"Court challenge may marr Sir Michael's PM appointment"  Pacific Magazine  (13 August 2007)
"Tensions rise over Moti affair"  Sydney Morning Herald  (14 August 2007)

* Those curious about civilian statements on Somare's election may find this article from the Post-Courier to be of interest.

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)

Northern Mariana Islands: CNMI clash with US over immigration escalates

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)

Papua New Guinea: Tribal clash leads to police intervention

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: PM faces no-confidence vote

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)

Fiji: Ten thousand civil servants go on strike; union leaders threatened

On Thursday, over ten thousand civil servants went on strike in Fiji, joining the 1200 nurses already on strike.  They are protesting a 5% pay cut, the raising of retirement age, and the cancellation of an agreement made last year with the Quarese government.  This strike included teachers until Friday morning, when, in a move that surprised the other striking unions, they decided to return to work.  The government will dock the returning teachers two weeks worth of pay in retaliation.

Lead members of other striking unions have recieved death threats from the military, according to the account of Taniela Tabu.  Tabu is the general secretary of the Viti National Union of Taukei Workers.  He was taken from his home to the military barracks at 6am on Wednesday morning, was forced to strip, and was beaten.  Tabu was then informed that if he or the other union leaders were summoned to the barracks again, they would be killed.  Around 3pm. he was told that the allegations against him were that he had discredited the government in a public statement he had made on television the previous evening.  He was detained until late in the evening on Wednesday.

Tabu told Radio New Zealand International, "I want to just inform the United Nations, inform international union organizations and various embassies in Fiji: you know to take note of this in case one of us is killed or murdered."

Interim Prime Minister Commodore Frank Bainimarama said that the strikes are a political ploy and that the interim government will not move from its current stance.  He is confident that government services will continue through the strike.

The Fiji Teachers Association president, Tevita Koroi, said that the union actions are legal because they are following the Trade Disputes Act.  This Act requires the Minister for Labour to call for compulsory arbitration to end the issue.  However, Bainimarama has instructed the interim Minister for Labour, Bernadette Rounds-Ganilau, to not order compulsory arbitration to end the strikes.

Please see also:
"Fiji labor leader arrested on eve of strike"  Pacific Magazine  (01 August 2007)
"At least 10,000 Fiji public sector workers to strike from today"  Radio New Zealand International  (01 August 2007)
"Fiji trade unionist fears for his safety"  Radio New Zealand International (01 August 2007)
"Strikes are political -- says Fiji's interim PM"  Radio New Zealand International  (01 August 2007)
" 'Death threats will not deter me' "  Fiji Times  (02 August 2007)
"Teachers call off strike"  Fiji Times  (03 August 2007)
"No pay for returning teachers"  Fiji Times  (03 August 2007)
"PEU unaware of teachers' move"  Fiji Times  (03 August 2007)
"Come back to work, Bainimarama says"  Fiji Times  (03 August 2007)