Impunity Watch: Oceania

JAWS Claims Samoan Journalists Harassed

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

APIA, Samoa - The Journalists Associations of Western Samoa (JAWS) has expressed concerns over attacks and threats on media personnel outside of the Court.  According to the group a camera man and a news reporter were attacked and two reporters were threatened.  JAWS claimed that more journalists continue to be threatened during major trials, though the statement did not give the details of who was attacked or why.

JAWS strongly condemned the violence in their statement.  They said they "wish to reiterate that we will not tolerate the harassment of local journalists in the pursuit of truth."  The group continued, "Journalists play an important role in any society; the media is the fourth estate of democracy and it is essentially the eyes and ears of society."  "By hindering the work of Journalists members of the public are inadvertently infringing upon the people's right to know and be informed."

"JAWS reiterates that media freedom is integral to democracy."

For more information, please see:
Samoa Observer - Journalists harassed, JAWS claim - 28 March 2009

Islands Business - Journalists harassed in Samoa, JAWS claim - 30 March 2009

Marshall Islands Chief Judge Chides Government for Illegal Detention of Prisoners

By Ryan L. Maness

Impunity Watch Senior Desk Officer, Oceania

Majuro, MARSHALL ISLANDS - Marshall Islands Chief Justice Carl Ingram has criticized police and government forces for the second time in as many monthsover the unlawful detention of a prisoner.  During an assault hearing, Justice Ingram learned that the defendant, Bai Lanej, had been held in a Majuro prison for thirteen months before coming before receiving a hearing.  Lanej, who was arrested in February 2008 on charges of aggravated assault, has been sitting in prison until this week.  Under Marshall Island law, a person must be given a hearing within twenty-four hours of being arrested or be released.  In response to the Lanej's treatment, Justice Ingram ordered him released on his own recognizance until the case is resolved.  

This is not the first time that Justice Ingram has had harsh words for the government over treatment of prisoners, last month he discovered that a prisoner was held for a month after his release date without advising the court.  

Speaking of the situations in the Marshall Islands, Justice Ingram said, "“If the Ministry of Justice does not take action immediately to correct this situation, the Court will do as much as it can consistent with the Constitution and the laws of the Republic."

The United States' State Department issued a report last month, finding that the prison conditions in Majuro did not comply with international standards.  Among the deficiencies reported were inadequate lighting, poor ventilation, poor sanitation and a lack of separate facilities for female and juvenile prisoners.  

For more information, please see:

Marshall Islands Journal - Lanej left to rot in jail - 27 March 2009

Radio New Zealand International - Marshall Islands Chief Justice angered by treatment of some prisoners - 27 March 2009

Colonel Driti Threatens Critics of Interim Government

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji- Republic of Fiji Military Forces' Land Force Commander, Colonel Pita Driti, has said the Fiji Times should be closed down.  In a statement he said, "The Fiji Times in particular is the most non-cooperative and biased newspaper in the country."  Colonel Pita Driti went to say it "should be closed down immediately."  He has also disagreed with the Fiji Media Council's advice to political parties and stakeholders to take their grievances to the media.

The Fiji Times Editor, Netani Rika, has said it is unfortunate for Colonel Driti to make the statement, "The Fiji Times has always covered positive and not-so positive incidents and issues involving the arm and the interim administration."  Mr. Rika went on to say, "If Colonel Driti provides us with particular issues which have not been covered, I will be happy to address these individually."

Colonel Pita has also threatened to exclude the SDL, National Federation Party, and certain NGOs from future political leaders' meetings if they do not curtail their public criticism of the interim government.  He said the President's Political Dialogue Forum, "is one that is designated for the sensitivity of having parties drawn carefully towards a common end, state, or vision."  He went on to say, "the verbal attacks by the two parties will only be a clear indication of the non-adherence and non-alignment to the Forum's guidelines, its themes, and its strive to take Fiji forward."

Colonel Pita added that the military coup in 2000 happened to "prevent Fiji falling into the abyss of lawlessness and disorder with mass genocides, ethnic cleansing, and battle between warlords, let alone civil war now that is a national security angle that I am speaking from on behalf of the military as the final bastion of law and order."

Ousted Opposition Leader Mick Beddoes responded to the statement, saying it reflects little faith in Fiji's citizens.  Mr. Beddoes said "it is the participants of coups and treason who destroy what we have built, and have such little faith in the good will of our people who would never consider such horrendous possibilities occurring in Fiji."

For more information, please see:

Fiji Times - Military threatens to lock out critics - 25 March 2009

Fiji Times - Closure Threat - 26 March 2009

Fiji Times - Criticism is inciting: Driti - 27 March 2009

Fiji Times - Driti lacks faith in majority's goodwill: Beddoes - 28 March 2009

Fiji Police Investigation Brings Criticism

By Ryan L. Maness

Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji -- Following this week's bombing of prominent members of the Fijian media, the police have begun an investigation into the violence that has sparked criticism from a Fiji women's awareness group.  FemLink Pacific.  

Organization representative Sharon Bhagwan Rolls, says that the police needs to do more than "look for foot prints in the sand."  This is the time when the people of our country need to be feeling safe to be able to say, this is what I feel is the way forward, this is what I would like to see happen," Rolls said.  "But with this kind of environment, people aren’t going to be comfortable to speak."  She went onto say that these attacks are only a manifestation of a violent climate that has been in place since the 2006 coup.  

Criticism has also been leveled against the police for their reaction to the attacks themselves.  After the explosions, the government issued a statement stating that the Fiji Times, whose editor in chief had been the target of a bomb, had been giving unbalanced coverage of the investigation.  In response the chairman of Fiji's Media Council, Daryl Tarte, “The media in Fiji, just as in Australia, is entitled to be be partisan if they want to be. It’s probably more dangerous to be partisan in Fiji than it is in Australia but the fact is that I think most media in Fiji are trying to report as objectively and in a balanced way as they can. It is very dangerous for them not to do so. And the examples of the recent attacks on the editor of the Fiji Times is evidence of this”

Police spokesperson, Atunasai Sokomuri, defends the police saying that they are doing the best that they can.  “It’ll take time as all these incidents are happening late at night and in the early hours of the morning. So we are just pleading with members of the public just to bear with us because Fiji police is trying to do its best in investigating all these cases.”  After calls for him to do so, interim Prime Minister Frank Bainimarama has also come out to condemn the firebombings and denies rumors that his government was in anyway involved in the attack.  

For more information, please see:

Radio New Zealand International - Fiji police defend home-bombing investigation amid public criticism - 27 March 2009

Radio New Zealand International - Fiji Media Council says balanced media coverage more crucial now than ever - 27 March 2009

Radio New Zealand International - Fiji women's group criticises police handing of home bombings - 27 March 2009

TVNZ - Bainimarama condemns "wild allegations" - 27 March 2009

Fiji Times Editor-in-Chief's House Bombed, Newspaper Will Continue to Speak Out

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji - Kerosene bombs aimed at the homes of two high-profile Fiji men were designed to kill, report police.  The bombings are believed to be linked to a series of attacks against individuals who have spoken out against Fiji's interim government.  Bombs were thrown at the homes of a former senior army officer, Colonel Sakiusa Raivoce, and the Fiji Times editor-in-chief, Netani Rika.  Mr. Rika said three home-made bombs in beer bottles filled with kerosene were thrown at his house windows in Nasese, marking the second attack on his property in less than two weeks.

Fiji's Rewa Provincial council is asking those involved in the politically motivated vandalism to consider the consequences of their actions.  The Rewa High Chief, Ro Teimumu Kepa, said, "We've heard that some are saying they're just carrying out orders.  But these orders have been given to people who are supposed to have brains and they should think twice about the orders that are given to them and think of the consequences that might happen."  She says the freedom to speak out is provided for in the Fiji constitution, a document the miliary and interim government say is still intact.

Mr. Rika has said the attacks will not stop the Fiji Times from speaking out against the interim government.  He said, "There is a time to speak out and I think there's a time to speak out responsibly.  I think we have done that, we will continute to do that.  It's unfortunate that the people who have different views do not use the newspaper to make these views known and continue to move around under the cover of darkness to attack innocent people."

The interim government will meet on Tuesday to discuss whether or not security should be provided for these civilian targets.  Interim Defence Minister Ratu Epeli Ganilau has said police will not be provided for security unless it is specifically requested or if it is deemed absolutely necessary.

For more information, please see:
Radio New Zealand International - Molotov cocktail attacks in Fiji on homes of high profile individuals - 22 March 2009

Radio New Zealand International - Rewa Council in Fiji urges politically motivated vandals to consider consequences - 23 March 2009

Radio New Zealand International - Fiji Times editor vows to continue his work - 23 March 2009

Fiji Times - State in conflict over security concerns - 23 March 2009

BRIEF: Rabuka Wants 2011 Elections

SUVA, Fiji - Major General Sitiveni Rabuka, leader of Fiji's two 1987 military coups, says he wants Fiji elections to be held in 2011.  He believes the interim government should ignore the Commonwealth's order to hold elections by September.

Mr. Rabuka also says the constitutional and electoral reforms proposed by the interim government can only be made by the Parliament and the reforms should be put to the people of Fiji in a referendum.  He explained, "In that way we do not change the constitution unconstitutionally, and we leave it to parliament to make the changes that the interim government feels it should have supported or not supported in the referendum of 2011."

Describing why 2011 is an ideal year for elections, Mr. Rabuka said, "In my opinion, the best time to have elections would be 2011, as that would be five years after the interim Government came into power.  And normally, we give a tiem frame of five years for the new government and budget cycle to work."

For more information, please see:

Islands Business - Ignore Commonwealth deadline, elections best held in 2011: Rabuka - 18 March 2009

Radio Australia - Former Fiji PM wants 2011 elections - 19 March 2009

Human Rights Commission Calls Fiji Courts Independent

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji - After a Fiji court convicted eight soldiers and a policeman of manslaughter last week, the Human Rights Commission in Fiji says the decision shows the country’s legal system has remained independent.

Last week, Justice Daniel Goundar found nine members of the military and a police officer guilty of manslaughter for the death of a 19-year-old man.

In 2007, the nine assaulted and beat Sakiusa Rabaka to death during an interrogation at a military training site called Black Rock. 

“They were made to strip and do military type physical exercises. During the exercises they were continuously kicked, punched and hit,” Justice Goundar said. He added that Rabaka was subjected to“degrading and inhumane treatment as a form of punishment.”

Justice Goundar sentenced the nine men in Lautoka High Court to 4 years in prison.

Human Right’s Commission chairperson, Shaista Shameem, says this decision demonstrates that Fiji military and police are not immune from punishment.

“One of the important that Judge Goundar said in his judgement was that no one can take, no officers even if there law and order can not take the law into their own hands because we have separation of power in the country. You know, the Police and the Military do the arrests and it is the court that decides on the appropriate punishment,” Shameem said.

The Fiji Military Force plans on appealing the conviction later today.

For more information, please see:
Radio New Zealand International - Fiji’s law system is independent, says Human Rights Commission - 18 March 2009

FijiVillage - Military to appeal sentence - 18 March 2009

Fiji Daily Post - FOUR YEARS - 18 March 2009

Commission on the Status of Women Pushes to Adopt Mission of CEDAW

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji - The Pacific Islands region, with a population of about 9 million people, presents a range of complex issues for development and gender-equality efforts, including deep social attitudes that limit women's ability to receive education and career performance equivalent to men's ability. The Commission on the Status of Women had a panel of presentations from several island nations who spoke of the need to have "gender-responsive programs" that grasp women's immediate interests and implement relevant strategies for improving conditions across Pacific Island society.  A number of the presenters discussed the need to fully implement and meet the objectives of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).  CEDAW has been ratified by 185 countries but has not yet become a binding global standard for women's equality.  The treaty has also not yet been brought before the US Senate for ratification.

Ofa ki-Levuka-Guttenbeil-Likiliki, of the Tonga National Center for Women and Children, explained the slow evolution of women's equality in her country.  In 1975 only 1% of parliament ministers were women and in 2005 Tonga elections had 5 female candidates, the most ever.  In 2008 no women entered Parliament, and only one woman currently serves as MP.

Kairangi Samuela, of the Cook Islands Women's Counseling Center, explained how cultural standards are used as an excuse for not advancing women's rights further.  She added that Pacific Island society is now more in need of women in public life than before and would benefit from taking advantage of individual talents of women who may be unable to access positions of leadership or decision-making.

The rising risk of HIV/AIDS to the Pacific Island nations was also discussed and linked to women's rights and economic independence.  Women who are bound to the home and restricted from accumulating property are less able to take preventative action to avoid becoming infected.  The risk of infection has increased as sex workers from larger Asian nations have moved into the Pacific.

During his address to the UN Commission on the Status of Women, the Honorable Willy Telavi, Tuvalu's Minister of Home Affairs listed some factors contributing to discriminated against women in the Pacific, "the use of custom, culture and tradition as justifications for discriminatory and violent treatment; early and forced marriage, especially in Melanesia; limited access to education; teenage pregnancy and the consequent impacts on health and education; and social acceptance of violent punishment of children."

For more information, please see:
Islands Business - Commission on the Status of Women Reviews "Pacific Realities" - 16 March 2009

United Nations Development Programme - Translating CEDAW Into Law: Opening Remarks - 07 March 2009

UN, Commonwealth Names Chair of Fiji’s Presidential Political Dialogue Forum

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SUVA, Fiji - Former Papua New Guinea Prime Minister, Sir Rabbie Namaliu, will reportedly chair Fiji’s upcoming President’s Political Dialogue Forum.

The Presidential Political Dialogue Forum will hopefully provide an opportunity for Non-Governmental Organizations as well as civil society groups to meet and discuss Fiji’s political future.

Since the 2006 military coup of Fiji’s federal government, the interim government has promised to relinquish power and hold democratic elections. Interim Prime Minister, Commodore Frank Bainimarama, originally promised to hold those elections by March 2009, but now states he will not meet his own deadline.

During a multi party political meeting on Friday, the United Nations and Commonwealth reportedly endorsed Mr. Namaliu as the Forum’s chair and also named mediators to assist him.

The UN, Commonwealth’s named mediators have caused some friction among two political parties in Fiji.  

Fred Caine, from the General Voters Party, says that because the named assistants are not from the Pacific region, they will not properly understand the political situation in Fiji. In addition, Mr. Caine supports finishing the Forum within 6 months and immediately holding elections without first implementing reforms. 

Meanwhile, Ropate Sivo, from the Conservative Alliance Matanitu Vanua, warns the people of Fiji to not allow the UN and Commonwealth to trick them. Mr. Sivo proposed that the Melanesian Spearhead Group should facilitate the Forum instead of the UN/Commonwealth’s named assistants.

For more information, please see:
Fiji Daily Post - ‘More than political’ - 16 March 2009

Radio New Zealand International - Senior PNG figure could chair Fiji’s Presidential Dialogue Forum - 15 March 2009

BRIEF: Agenda for Forum Agreed Upon

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

SUVA, Fiji - The 18political parties of Fiji and the interim government have come to an agreement for the President's Political Dialogue Forum agenda after a meeting.  The groups agreed the agenda will be democratic experience in Fiji and parliamentary reform, electoral reform, general elections, and the People's Charter.  The meeting also agreed there will be 23 representatives from the registered political parties.  The 23 representatives will include 3 members from government.  It was also agreed that 15 NGOs should be represented in the process as well.

Each political party must submit the names of their representatives and the name of 3 NGOs to the Secretariat by March 20th after which the Secretariat will decide which will be included.  The meeting also agreed that the forum can be convened after all outstanding matters are figured out and feedback from the United Nations and Commonwealth on their preparedness are received.

For more information, please see:

Radio New Zealand International - Political parties and Fiji interim govt agree on agenda for President's Forum - 13 March 2009