Impunity Watch: Oceania

Papuan Refugees Return to Indonesia Amid Accusations of Propaganda

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

JAKARTA, Indonesia - Two West Papuan refugees were discovered in Jakarta today after they went missing from their home in Australia two weeks ago. Supporters of the Papuan separatist movement have raised concerns over whether the Indonesian government coerced the refugees’ return for “propaganda purposes.”

In 2006, Yunus Wanggai, age 43, and his daughter Anike, age 7 made the dangerous sail from Merauke, Indonesia to Cape York, Australia. Mr. Wanggai and his daughter were among several separatists who claim they were victims of persecution by the Indonesian government. The Australian government granted Mr. Wanggai and his daughter refugee status, and before returning to Indonesia, they were on the path to receiving permanent Australian residency.

Mr. Wanggai’s wife, Siti, did not go to Australia but instead fled to Papua New Guinea before continuing to Vanuatu. Ms. Wanggai is awaiting Australia’s decision whether to grant her refugee status, but in the meantime, must remain in Papua with a sick older daughter. Mr. Wanggai decided to return to Indonesia because his wife had to stay behind.

“I miss my family. I want to be together with my family again," Mr. Wanggai said today after arriving in Indonesia.

Political instability and public protests have long marked Papua’s history. Once a Dutch colony on New Guinea’s western end, Papua became Indonesia’s largest province in 1969. Violence erupted in 2003 after President Megawati Sukarnoputri separated Papua into three provinces: Central Irian Jaya (Irian Jaya Tengah), Papua (or East Irian Jaya, Irian Jaya Timur), and West Irian Jaya (Irian Jaya Barat). But the establishment of the central province was declared unconstitutional by Indonesian courts as a violation of Papua’s Special Autonomy status.

The separation has divided Papuans who protest the Indonesian military for allegedly violating human rights. Many Papuans complain that the money earned from Papua’s natural resources mostly ends up profiting Jakarta. As a result, many Papuans have been campaigning peacefully for independence from Indonesia.

After a two week disappearance, members of Australia’s West Papuan independence movement are concerned that the Indonesian government coerced Mr. Wanggai to return to Indonesia for “propaganda purposes.” The Indonesian government denies all claims, however, that any sort of intelligence operation was conducted.

Nick Chesterfield, a Melbourne-based Papuan activist said, "We still have concerns about the manner which they were repatriated, the secrecy surrounding it, and that there was pressure brought to brought to bear on them.”

For more information, please see:
Radio New Zealand International - Concern over two Papuan refugees missing in Australia - 28 November 2008

ABC News - Indonesia denies intelligence operation in Aust - 29 November 2008

Sydney Morning Herald - Papuan asylum seekers return to Indonesia - 30 November 2008

The Age, Australia - Indonesian refugees return to their homeland - 30 November 2008

Update: UN Mission to Fiji Completed

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji- The United Nations sent a three-person mission to Fiji from November 23 to November 28.  The members were led by Tamrat Samuel from the Department of Political Affairs and included Professor Yash Ghai, a senior expert adviser, and Tamara Murer, from the Department of Political Affairs.

The purpose of the mission was to explore ways the UN can support a political dialogue with Fiji in its efforts to restore democratic order to Fiji after the 2006 coup.  The mission held discussions with interim Prime Minister Voreqe Bainimarama, other Interim Government officials, political party leaders, civil society leaders and academics, as well as diplomatic representatives in Suva.  Discussions were also held with the Secretary-General of the Pacific Islands Forum and with the visiting mission of the Commonwealth. 

This mission has reiterated the UN's desire to see a speedy return to parliamentary democracy in Fiji through an early election.  This follows Bainimarama's announcement at the General Assembly in September that he did not believe Fiji will be able to hold parliamentary elections by next March, as previously scheduled. 

The mission found an earnest desire among Fijian interlocuters for a return to an elected government.  They also found a willingness to discuss the electoral system and was encouraged by the strong desire to find a political solution to these problems through dialogue and consensus.

For more information, please see:

Pacific Magazine - Three-Person UN Team Completes Fiji Mission - 28 November 2008

Scoop World - Ban Dispatches UN Team To Fiji - 25 November 2008

Fiji Interim Official Denies Threatening IBA

By Hayley J. Campbell
Impunity Watch Reporter, Oceania
Interim-attorney-general Sayed-Khaiyum, Photo courtesy of FijiLive
SUVA, Fiji - The International Bar Association claims that Fiji’s interim attorney general threatened the group of lawyers planning to conduct a review of Fiji’s justice system. 

According to the IBA, Mr. Sayed-Khaiyum, Fiji’s interim-attorney-general sent a letter to the IBA on Monday which made clear that the interim government would not welcome the group and would take “appropriate steps” if IBA delegates came to Fiji.

Mr. Sayed-Khaiyum has denied the IBA’s claims, calling the organization ‘biased.”  In addition, the interim attorney general has accused the IBA of being condescending in its correspondence with the interim government.

But this would not be the first time Fiji’s interim government has barred the IBA from conducting a review of Fiji’s justice system.  Last February, a delegation of senior lawyers from Australia and Malaysia were turned away during a scheduled visit.

The London-based IBA represents nearly 30,000 attorneys around the world. The group had planned for senior Australian and Malaysian jurists to travel to Fiji in December to perform an in-country review of the justice system. Delegates would review the law since the interim government assumed control during a 2006 military coup of the federal government.

Last month, a High Court in Fiji legitimized the 2006 takeover. Fiji’s ousted prime minister, Laisenia Qarase, has challenged that judgment, calling it a “miscarriage of justice.” An appeal of that decision is scheduled to be heard in March 2009. 

Mark Ellis, director of the IBA, says that the threatening letter reflects Fiji’s political instability:

"The threat made by the attorney-general against the delegation is unacceptable in a free and democratic society and reflects badly on the state of affairs in Fiji."

Mr. Ellis says that the IBA will conduct their review, even if it means finding alternative methods.

For more information, please see:
Radio New Zealand International - Fiji interim AG denies claims he threatened IBA group - 26 November 2008

AFP - Fiji blocks International Bar Association visit - 26 November 2008

ABC News - Fiji bans International Bar Association members - 26 November 2008

The Age, Australia - Fiji's A-G 'threatening lawyers' group' - 26 November 2008

FijiLive - Interim AG Rejects IBA Suggestions - 26 November 2008

AFP Says Presence Still Needed in Solomon Islands

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

[AAP Image: Lloyd Jones]

 HONIARA, Solomon Islands- The Australian Federal Police (AFP), who led the Regional Assistance Mission to Solomon Islands (RAMSI) in 2003, have warned that an international presence is still needed to keep the Solomon Islands secure.  RAMSI was set up after an outbreak of community violence in the Solomon Islands in 2003.

Assistant Commissioner Frank Prendergast told a parliamentary hearing, "The mission faces ongoing challenges.  While the achievements of RAMSI have been substantial, our work is far from over and our achievements do not represent at this stage an enduring state of rule of law."  Mr. Prendergast said that while the mission has restored law and order to the Solomon Islands, the order would not be able to be maintained without RAMSI's presence.

Mr. Prendergast continued, "As evident from the RAMSI People's survey, public confidence in the institutions remains low and there exists collective fears of a return to inter-communal violence should RAMSI withdraw."  He added, "More importantly, the underlying causes of the conflict remain and the economic outlook is likely to contribute to instability."

The AFP plans to remain in the Solomon Islands for at least another five years, in which time they plan to develop the local police force and other public institutions.

For more information, please see:

Islands Business - Presence still needed: AFP - 24 November 2008

Australian Broadcasting Corporation - Presence still needed in Solomons: AFP - 21 November 2008

UN to Examine Political Situation in Fiji

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji - United Nations Delegates arrived in Fiji today to begin a five day fact finding mission in hopes of facilitating Fiji’s uncertain path to establishing a more democratic and accountable government.

The UN discussions will focus on the political turmoil currently plaguing Fiji’s interim government. Last month, a Fiji High Court legitimized a 2006 military coup of Fiji’s Federal Government. The ousted SDL Party has expressed growing concerns that the interim government will not make good on its promise to restore democracy. Interim Prime Minister, Commodore Frank Bainimarama, has yet to relinquish power or hold democratic elections.

UN secretary general Ban Ki Moon dispatched the UN team which arrived in Fiji on Sunday. UN Political Affairs official, Tamrat Samuel was chosen to head the team.

The Fiji Times reports that the aim of the UN dispatch is to find “a mutually agreeable way forward on the political situation in Fiji.”

For more information, please see:
ABC Radio Australia - UN, Commonwealth to dispatch missions to Fiji - 21 November 2008

ABC Radio Australia - UN officials on research visit to Fiji - 24 November 2008

Radio New Zealand International - Party hails UN visit - 24 November 2008

UN & Commonwealth Sending Officials to Fiji

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji- The United Nations (UN) Secretary General, Ban Ki Moon is sending what he is calling an exploratory mission to Fiji this week.  The mission will be headed by Tamrat Samuel from the UN's Department of Political Affairs in New York.  Moon said in a statement that he has conveyed to the interim Fiji Government that there is a mutually agreeable way forward with the political situation that came out of the military coup in 2006.

While in Suva, the UN will meet a broad range of national stakeholders and international actors.

The Commonwealth Secretary General, Kamalesh Sharma has announced that they will be sending senior Commonwealth political official Juliet Solomon.  Solomon will be visiting Fiji in response to a request from the interim prime minister for support in facilitating a dialogue forum.  Ms. Solomon will hold consultations with the interim government, political parties, civil society, international partners and other stakeholders.  The Commonwealth is especially interested in working with the Pacific Islands Forum and the UN in helping Fiji find a political future.

Fiji is currently suspended from the councils of the Commonwealth following the military coup in 2006.

For more information, please see:

Radio Australia - UN, Commonwealth to dispatch missions to Fiji - 21 November 2008

Radio New Zealand International - UN sends official to Fiji - 21 November 2008

Pacific Magazine - UN Secretary General Sends Envoy to Check On Fiji - 21 November 2008

Commonwealth Secretariat - Commonwealth Visit to Fiji Islands - 20 November 2008

Court of Appeals to Hear Fiji Coup Case in March

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji - Fiji’s ousted Government has appealed a High Court decision validating the military coup of the government in 2006.

Today, Fiji Court of Appeal Judge Justice Ian Lloyd said that the parties’ attorneys will gather on Thursday to discuss substantive matters of the case. Among the parties’ lawyers are Former Attorney General, Qoriniasi Bale, and Suva lawyer, Tevita Fa. Both Bale and Fa are representing the ousted Prime Minister and leader of the Soqosoqo Duavata ni Lewenivanua Party (SDL), Laisenia Qarase.

In 2006, the Interim Prime Minister led a military takeover of Fiji’s Federal Government. In October, the High Court in Fiji ruled that the 2006 coup was legitimate. Mr. Qarase has challenged that decision, calling it a “miscarriage of justice.”

Justice Gates, who delivered the judgment validating the coup, has said that, “No one has suggested His Excellence failed to act honestly, impartially, neutrally and what he gauged was in the best interest of the nation; that is, of all of the inhabitants of Fiji, it is not for this court to inquire into the details of his act at that moment on whether one action would have been better done in another way but it is certainly open to conclude his intention were to unify the people of Fiji."

The appeal is scheduled to be heard in March 2009.

For more information, please see:
FijiLive - 2006 coup appeal set for March 09 - 18 November 2008

Radio New Zealand International - Fiji coup case appeal to be heard in March - 19 November 2008

Tonga MP Says State of Emergency Extensions Are Unjustified

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

NUKU'ALOFA, Tonga - Clive Edwards, a pro-democracy MP in Tonga, says there is no justification for the continuation of the state of emergency into its third year.  The state of emergency was put into place after riots in Nuku'alofa in November of 2006.

Mr. Edwards thinks the state of emergency should be lifted as soon as possible, "The law is nonsense because it says you bring it in to quell and stop or prevent a riot or restore peace and you've got to do that within one month.  Once that's done you've got no justification for the emergency laws but here in this case we're going on for three years and that's how much respect they have for the people of this country."  Mr. Edwards is a former minister of police and says that as recently as two weeks ago soldiers beat up five people who were meeting in a private household.

He suspects the government is trying to provoke a reaction to justify the continuation of the state of emergency.

For more information, please see:

Radio New Zealand International - Tonga MP says extension of state of emergency into a third year cannot be justified - 17 November 2008

Pacific Islands News Association - Tonga pro-democracy MP says ongoing state of emergency regulations cannot be justified - 17 November 2008

Fiji’s Interim Government to Resume Drafting People’s Charter

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji - Fiji’s interim government has received a stay on a court injunction which will allow the National Council for Building a Better Fiji to continue revising the People’s Charter. This decision follows a High Court order which had effectively stopped the interim government from resuming any Charter-related work.

Dispute over the drafting of the People’s Charter stems from the 2006 coup of Fiji’s Federal Government. Since that time, the ousted SDL Party has expressed growing concerns that the interim government will not make good on its promise to restore democracy. Interim Prime Minister, Commodore Frank Bainimarama, has yet to relinquish power or hold democratic elections. Last month, a three judge court validated the 2006 coup, giving legitimacy to the interim government.

Amidst this friction, the SDL Party supported Judge Justice Filimone Jitoko’s previous decision to stop the drafting of the People’s Charter. SDL Party leader and ousted Prime Minister, Laisenia Qarase, brought this matter to court because of the potentially dangerous consequences of amending Fiji’s 1997 Constitution.

In its previous decision, the court asserted that the interim government was to stop "promulgating any law, decree order or doing or recommending anything whatsoever to alter or amend the 1997 Constitution or anything whatsoever, including changes to the electoral system that are contrary to or inconsistent with current provisions of the Constitution until the final determination of this matter."

Although no High Court judges were available to review the matter, Fiji’s interim Attorney General, Aiyaz Sayed-Khaiyum, was able to get a stay on the decision from the Court of Appeal. According to Fiji law, a single member judge from the Court of Appeal may grant a stay in matters of urgency.

Court of Appeal Justice Byrne granted the stay on the grounds that section 15 of the State Proceedings Act indicates that an injunction cannot be granted against a State.

As a result, the interim government has resumed work on the People’s Charter.   

But SDL Party lawyer, Niko Nawaikula, says that the interim government has responded to the court order too hastily. "As a lawyer and a professional I would have expected them to read this judgment and digest it before taking further action,"Nawaikula said.

The matter is scheduled to go before the Court of Appeal on November 20th. 

For more information, please see:
Radio New Zealand International - Ousted Fiji PM gets court order to stop charter process - 14 November 2008

Radio New Zealand International - Fiji’s interim government gets court injunction to continue charter process - 15 November 2008

Fiji Times - Lawyer disappointed with stay on order - 15 November 2008

Pacific Freedom Forum Concerned With Fiji's Media Intimidation

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji - The Pacific Freedom Forum (PFF) has expressed their concern and alarm over the Interim Government's intimidation of the Fiji media.  The PFF is specifically appealing to Aiyez Sayed-Khaiyum, Fiji's Attorney General, to halt his legal pursuits against the editor and publisher of the Fiji Times.  Mr. Sayed-Khaiyum is in court with the paper for publishing a letter to the editor that was critical of the recent High Court validation of the 2006 coup, which put the current government in power.  The PFF is also appealing to Interim Prime Minister, Commodore Frank Bainimarama, as he is responsible for the Ministry of Information.

The announcement by the PFF comes after Mr. Sayed-Khaiyum said he will insist the High Court give the editor and publisher of the Fiji Times jail sentences and also give the newspaper itself a heavy fine.

The Fiji Times has already made a public apology for any legal breach it may have committed and has offered to pay cost.  PFF Co-Chair Monica Miller has said that in any other democratic country the apology would be sufficient.  Ms. Miller continued, "The people of Fiji should realize that this is not just a media freedom issue.  It is a human rights issue."

For more information, please see:

Radio New Zealand International - Freedom Forum says intimidation of media in Fiji is a concern - 15 November 2008

Pacific Magazine - Media Group Alarmed By Fiji Govt's "Intimidation of Media" - 14 November 2008