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	<title>Constitution &#8211; Asia Pacific Report</title>
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		<title>&#8216;Unconstitutional&#8217; &#8211; NSW court strikes down Minns&#8217; draconian anti-protest laws</title>
		<link>https://asiapacificreport.nz/2026/04/17/unconstitutional-nsw-court-strikes-down-minns-draconian-anti-protest-laws/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Fri, 17 Apr 2026 01:37:56 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=126586</guid>

					<description><![CDATA[By Stephanie Tran of Michael West Media The Supreme Court of New South Wales has struck down the state’s draconian anti-protest laws, ruling they impose an &#8220;impermissible burden&#8221; on political communication and are invalid. In a landmark decision yesterday, the court declared key provisions of the anti-protest laws introduced after the Bondi terrorist attack unconstitutional, ]]></description>
										<content:encoded><![CDATA[<p><em>By Stephanie Tran of <a href="https://michaelwest.com.au/">Michael West Media</a></em></p>
<p>The Supreme Court of New South Wales has struck down the state’s draconian anti-protest laws, ruling they impose an &#8220;impermissible burden&#8221; on political communication and are invalid.</p>
<p>In a <a href="https://www.caselaw.nsw.gov.au/decision/19d9354aeb610427262d9102">landmark decision</a> yesterday, the court declared key provisions of the anti-protest laws introduced after the Bondi terrorist attack unconstitutional, finding they gave police sweeping powers to shut down protests across large parts of Sydney without sufficient justification.</p>
<p>“The impugned provisions infringe the implied freedom of political communication,” the court found.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Australian+anti-protest+laws"><strong>READ MORE:</strong> Other Australian anti-protest laws reports</a></li>
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<p>The court held that the laws were “not compatible with the maintenance of the constitutionally prescribed system of representative and responsible government.”</p>
<p><strong>Not constitutionally legitimate<br />
</strong>“It is not a constitutionally legitimate purpose to seek to discourage all forms of public assembly across a nominated geographical area to preserve social cohesion, on the grounds that the very act of holding public assemblies is apt to cause tension and division in the community,” the court found.</p>
<p>The challenge centred on a <a href="https://michaelwest.com.au/nsw-passes-protest-ban-premier-ducks-questions-on-armed-idf-on-sydney-streets/">suite of laws</a> rushed through on Christmas Eve under the Terrorism and Other Legislation Amendment Act 2025 (NSW), in the aftermath of the Bondi attack that killed 15 people.</p>
<p>The laws allowed the NSW police commissioner to issue sweeping “public assembly restriction” declarations across broad areas.</p>
<p>Once in force, those declarations effectively shut down protests by preventing them from being authorised under the Summary Offences Act 1988 (NSW), cancelling existing approvals and enabling police to disperse gatherings using expanded powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).</p>
<p>In its reasoning, the court stated:</p>
<blockquote><p>“peaceful protest is indispensable to the exercise of political sovereignty by the people of the Commonwealth”</p></blockquote>
<p>and the laws imposed “substantial burden” to this right.</p>
<p>It rejected the government’s argument that the measures were necessary to preserve “social cohesion”, finding the scheme was disproportionate.</p>
<p>The system of government “does not permit the state … to impose such a sweeping and indiscriminate restriction on all public assemblies,” the court said.</p>
<p>The constitutional challenge was brought on behalf of Blak Caucus, Palestine Action Group and Jews Against the Occupation ’48.</p>
<p><strong>&#8216;A big win for everyone&#8217;<br />
</strong>Josh Lees, a spokesperson for Palestine Action Group Sydney, said the ruling was “a big win for everyone who cares about the right to protest”.</p>
<p>“These laws were terrible. They were so wide-ranging, and that is what the court has found today, that they unfairly and disproportionately burdened our rights to political communication,” he said.</p>
<p>Lees said the laws had been used by NSW Premier Chris Minns to violently suppress protests against Israel’s genocide in Gaza and called for Minns to “take accountability” and resign.</p>
<p>The challenge came against the backdrop of heavily policed protests in early 2026, including the violent crackdown on the Sydney Town Hall protest against the visit of Israeli President Isaac Herzog.</p>
<p><strong>Enabled police violence<br />
</strong>Nick Hanna, solicitor for the plaintiffs, said the laws had enabled “the most violent crackdown … against protesters in decades”.</p>
<p>“Today’s decision makes clear that, in my view, it is inevitable that prosecutions of every single person who attended that protest will be unsuccessful, and they will be found not guilty if they proceed to hearing,” he said.</p>
<p>“The maintenance of these prosecutions is untenable, and it’s time for police to do the right thing and discontinue them.”</p>
<p>Hanna is currently representing a number of protesters who were arrested during the Herzog protest.<b></b></p>
<p><strong>Chris Minns responsible<br />
</strong>NSW Greens MP Sue Higginson said the ruling raised serious questions about police conduct during those protests.</p>
<p>“What we saw … was police brutality on a scale we have not seen for decades in this state,” she said.</p>
<p>“I hold Chris Minns responsible for that violence because it was his unconstitutional laws upon which the police acted.”</p>
<p>Higginson said the state could now face “tens of millions of dollars in civil liability claims” arising from the policing of protests under the invalid laws.</p>
<div data-profile-layout="layout-1" data-author-ref="user-2655" data-box-layout="slim" data-box-position="below" data-multiauthor="false" data-author-id="2655" data-author-type="user" data-author-archived="">
<div>
<p><em><a href="https://michaelwest.com.au/author/stephanie-tran/">Stephanie Tran</a> is a journalist with a background in both law and journalism. She has worked at The Guardian and as a paralegal, where she assisted Crikey’s defence team in the high-profile defamation case brought by Lachlan Murdoch. Her reporting has been recognised nationally, earning her the 2021 Democracy’s Watchdogs Award for Student Investigative Reporting and a nomination for the 2021 Walkley Student Journalist of the Year Award. This article is republished from <a href="https://michaelwest.com.au/unconstitutional-court-strikes-down-minns-draconian-anti-protest-laws/">Michael West Media</a> with permission.</em></p>
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		<title>&#8216;Right to choose&#8217; key to Cook Islands-NZ relationship, says Peters</title>
		<link>https://asiapacificreport.nz/2025/08/04/the-right-to-choose-key-to-cook-islands-nz-relationship-says-peters/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Mon, 04 Aug 2025 08:32:57 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=118194</guid>

					<description><![CDATA[By Teuila Fuatai, RNZ Pacific senior journalist New Zealand&#8217;s foreign minister says Cook Islanders are free to choose whether their country continues in free association with New Zealand. Winston Peters made the comment at a celebration of the 60th anniversary of the constitution of the Cook Islands in Auckland today. Peters attended the community event ]]></description>
										<content:encoded><![CDATA[<p><em>By <a href="https://www.rnz.co.nz/authors/teuila-fuatai">Teuila Fuatai</a>, <a href="https://www.rnz.co.nz/international/pacific-news/">RNZ Pacific</a> senior journalist</em></p>
<p>New Zealand&#8217;s foreign minister says Cook Islanders are free to choose whether their country continues in free association with New Zealand.</p>
<p>Winston Peters made the comment at a celebration of the 60th anniversary of the constitution of the Cook Islands in Auckland today.</p>
<p>Peters attended the community event hosted by the Upokina Taoro (East Cook Island Community Group) as part of an official contingent of MPs. Minister for Pacific Peoples Shane Reti and Labour Party deputy leader Carmel Sepuloni also attended.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Cook+Islands+constitution"><strong>READ MORE:</strong> Other Cook Islands constitution reports</a></li>
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<p>&#8220;We may not be perfect, but we&#8217;ve never wavered from our responsibilities wherever they lay,&#8221; Peters said.</p>
<p>&#8220;For six decades, we have stood by ready to support the Cook Islands economic and social development, while never losing sight of the fact that our financial support comes from the taxes of hard working New Zealanders,&#8221;</p>
<p>This week&#8217;s anniversary comes at a time of increasing tension between the two nations.</p>
<p>At the heart of that are four agreements between the Cook Islands and China, which Cook Islands Prime Minister Mark Brown signed in February.</p>
<p><strong>NZ funding halted</strong><br />
The New Zealand government said it should have been consulted over the agreements, but Brown disagreed.</p>
<p>The diplomatic disagreement has resulted in New Zealand halting $18.2 million in funding to the Cook Islands, which is a realm country of New Zealand.</p>
<p>Under that arrangement &#8212; implemented in 1965 &#8212; the country governs its own affairs, but New Zealand provides some assistance with foreign affairs, disaster relief and defence.</p>
<p>Peters today said the &#8220;beating heart&#8221; of the Cook Islands-New Zealand relationship was the &#8220;right to choose&#8221;.</p>
<p>&#8220;Cook Islanders are free to choose where to live, how to live, and to worship whichever God they wish.&#8221;</p>
<p>After his formal address, Peters was asked by media about the rift between the governments of the Cooks Islands and New Zealand.</p>
<p><strong>&#8216;Carefully crafted&#8217;</strong><br />
He referred back to his &#8220;carefully crafted&#8221; speech which he said showed &#8220;precisely what the New Zealand position is now&#8221;.</p>
<p>Brown has <a href="https://www.rnz.co.nz/international/pacific-news/567773/cook-islands-pm-if-we-can-t-get-help-from-nz-we-will-go-somewhere-else">previously said</a> that if New Zealand could not afford to fund the country&#8217;s national infrastructure investment plan &#8211; billed at $650 million &#8212; the Cook Islands would need to look elsewhere.</p>
<p>Brown also said in at the time that funding the development needs of the Cook Islands was a major motivator in signing the agreements with China.</p>
<p>Discussions between officials from both countries regarding the diplomatic disagreement were ongoing.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
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		<title>Cook Islanders flock from outer islands for 60th anniversary celebrations</title>
		<link>https://asiapacificreport.nz/2025/07/21/cook-islanders-flock-from-outer-islands-for-60th-anniversary-celebrations/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Mon, 21 Jul 2025 00:00:40 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=117575</guid>

					<description><![CDATA[By Caleb Fotheringham, RNZ Pacific journalist The Cook Islands&#8217; outer islands, or Pa Enua, are emptying as people make the pilgrimage to Rarotonga for constitution celebrations. This year is particularly significant, August 4 marks 60 years of the Cook Islands being in free association with New Zealand. Cook Islands Secretary of Culture Emile Kairua said ]]></description>
										<content:encoded><![CDATA[<p><em>By <a href="https://www.rnz.co.nz/authors/caleb-fotheringham">Caleb Fotheringham</a>, <a href="https://www.rnz.co.nz/international/pacific-news/">RNZ Pacific</a> journalist</em></p>
<p>The Cook Islands&#8217; outer islands, or Pa Enua, are emptying as people make the pilgrimage to Rarotonga for constitution celebrations.</p>
<p>This year is particularly significant, August 4 marks 60 years of the Cook Islands being in free association with New Zealand.</p>
<p>Cook Islands Secretary of Culture Emile Kairua said this year&#8217;s Te Maeva Nui, which is the name for the annual celebrations, is going to be huge.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Cook+Islands"><strong>READ MORE:</strong> Other Cook Islands reports</a></li>
</ul>
<p>&#8220;For the first time in a long time, we are able to bring all our people together for a long-awaited reunion, from discussions with the teams that have already arrived, there&#8217;s only handful of people that&#8217;s been left on each of our outer islands,&#8221; Kairua said.</p>
<p>&#8220;Basically, the outer islands have been emptied out.&#8221;</p>
<p>According to the Ministry of Finance and Economic Management, more than 900 people are making the trip to Rarotonga from the Pa Enua which are spread across an area similar to the size of Mexico.</p>
<p><i>Cook Islands News</i> <a href="https://www.cookislandsnews.com/internal/national/local/outer-islands/culture/entertainment-national/over-900-pa-enua-residents-journey-to-rarotonga-for-60th-self-governance-celebrations/">reports</a> that the government has allocated $4.1 mllion for event transport.</p>
<p><strong>Biggest calendar event</strong><br />
Kairua said Te Maeva Nui is the biggest event on the Cook Islands&#8217; calendar.</p>
<p>&#8220;Te Maeva Nui has become an iconic event for the Cook Islands, for the nation, as well as the diaspora.&#8221;</p>
<p>A comparable event was in 2015 when 50 years was marked.</p>
<p>Kairua said for many people it will be the first time visiting Rarotonga since the start of the covid-19 pandemic.</p>
<p>&#8220;Sixty years looks like it&#8217;s going to be a lot bigger than 50 for a number of reasons, because we&#8217;ve had that big gap since covid hit. If we liken it to covid it&#8217;s like the borders being lifted, and everyone now has that freedom to come to Raro.&#8221;</p>
<p>Two ships, one from Tonga and the other from Tuvalu, are tasked with transporting people from the Northern Group islands to Rarotonga.</p>
<p>While, Air Rarotonga has the job of moving people from the Southern Group.</p>
<p><strong>Tourist season peak</strong><br />
The airline&#8217;s general manager Sarah Moreland said Te Maeva Nui comes during the peak of the tourism season, making July a very busy month.</p>
<p>&#8220;We&#8217;ve got about 73 people from Mauke, 76 passengers from Mangaia, 88 from Aitutaki, 77 from Atiu and even 50 coming from the small island of Mitiaro, Nukuroa,&#8221; Moreland said.</p>
<p>She said transporting people for Te Maeva Nui is a highlight for staff.</p>
<p>&#8220;They love it, I think it&#8217;s so cool that we get to bring the Pa Enua from the islands, they just come to Rarotonga, they bring a whole different vibe. They&#8217;re so energetic, they&#8217;re ready for the competition, it just adds to the buzz of the whole Te Maeva Nui, it&#8217;s actually awesome.&#8221;</p>
<p>The executive officer of Atiu Taoro Brown said two months of preparation had gone into the performances which represents the growth of the nation over the past 60 years.</p>
<p>&#8220;It&#8217;s an exciting time, we come together, we&#8217;re meeting all our cousins and all our families from all the other islands, our sister islands, it&#8217;s a special moment.&#8221;</p>
<p>Brown said this year the island had given performance slots to people from Atiu living in Rarotonga, Australia and New Zealand.</p>
<p>&#8220;We wanted everybody from around the region to participate in celebrations.&#8221;</p>
<p><strong>Friendly competition</strong><br />
Food is another big part of the event, an area Brown said there&#8217;s a bit of friendly competition in between islands.</p>
<p>Pigs, taro, and &#8220;organic chicken&#8221; had all been sent to Rarotonga from Atiu.</p>
<p>&#8220;Everyone likes to think they&#8217;ve got this the best dish but the food I feel, it&#8217;s all the same, you know, the island foods, it&#8217;s about the time that you put in.&#8221;</p>
<p>For Kairua and his team at the Ministry of Culture, he said they needed to mindful to not allow the event to pass in a blur.</p>
<p>&#8220;Otherwise we end up organising the whole thing and not enjoying it.</p>
<p>&#8220;This is not our first big rodeo, or mine. I was responsible for taking away probably the biggest contingency to Hawai&#8217;i for the FestPAC and because we got so busy with organising it and worrying about the minor details, many of us at the management desk forgot to enjoy it, but this time, we are aware.&#8221;</p>
<p><strong>Turbulent relationship</strong><br />
In the backdrop of celebrations, the Cook Islands and New Zealand&#8217;s relationship is in turbulent period.</p>
<p>Last month, New Zealand paused $18.2 million in development assistance funding to the nation, citing a lack of consultation over several controversial deals with China.</p>
<p>Unlike for the 50th celebrations, New Zealand&#8217;s prime minister and foreign minister will not attend the celebrations, with the Governor-General representing New Zealand.</p>
<p>A statement from the Cook Islands Office of the Prime Minister last week said officials from the country have reconfirmed their commitment to restore mutual trust with New Zealand in a meeting on 10 July.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
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		<title>Catholic Church warns against PNG declaring itself a &#8216;Christian country&#8217;</title>
		<link>https://asiapacificreport.nz/2025/07/03/catholic-church-warns-against-png-declaring-itself-a-christian-country/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 03 Jul 2025 01:10:24 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=116938</guid>

					<description><![CDATA[By Reinhard Minong in Port Moresby The Catholic Church has strongly warned against Papua New Guinea’s political rhetoric and push to declare the nation a Christian country, saying such a move threatens constitutional freedoms and risks dangerous implications for the country’s future. Speaking before the Permanent Parliamentary Committee on Communication on Tuesday at Rapopo during ]]></description>
										<content:encoded><![CDATA[<p><em>By Reinhard Minong in Port Moresby</em></p>
<p>The Catholic Church has strongly warned against Papua New Guinea’s political rhetoric and push to declare the nation a Christian country, saying such a move threatens constitutional freedoms and risks dangerous implications for the country’s future.</p>
<p>Speaking before the Permanent Parliamentary Committee on Communication on Tuesday at Rapopo during the ongoing Regional Parliamentary Inquiry into the Standard and Integrity of Journalism in Papua New Guinea, Archbishop Rochus Tatamai of the Rabaul Archdiocese delivered a firm but thoughtful reflection on the issue, voicing the Catholic Church’s opposition to the notion of a legally enshrined Christian nation.</p>
<p>“When talking about freedom of media and PNG, a Christian country, we must be clear,” said Archbishop Tatamai. “The claim that PNG is a Christian country is not supported by law.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=national+religion"><strong>READ MORE:</strong> Other PNG national religion reports</a></li>
</ul>
<p>“The Catholic Church disagrees with this. It conflicts with our Constitution’s guarantee of freedom of religion and freedom of conscience.”</p>
<p>The archbishop’s remarks were part of a broader presentation on the influence of evolving technology on church authority, but he took the opportunity to confront what he called one of the major topics in PNG today.</p>
<p>He raised concerns about the legal, social, and theological implications of attempting to legislate Christianity into state law, stating that politicians were not theologians and risked entering spiritual territory without the understanding to handle it responsibly.</p>
<p>“If we declare PNG a Christian nation,” he asked, “whose version of Christianity are we referring to? We’re not all the same.”</p>
<p><strong>Legal obligation</strong><br />
He warned of a future where attending church could become a legal obligation, not a matter of faith.</p>
<p>“If PNG is supposedly a Christian nation, police could walk into your village and tell you: it’s not just a sin to skip church on Sunday, it’s illegal and get you arrested.’ That’s how dangerous this path could be.”</p>
<p>Archbishop Tatamai also referenced the Chief Justice, who had recently stated that if PNG were truly a Christian nation, then principles like honesty would become enforceable laws: “You should not steal. And if you do, you’re not only sinning you’re breaking the law.”</p>
<p>But the archbishop warned that such a conflation of morality and legality opens up deep conflicts.</p>
<p>“History has shown us the dangers of blurring the line between church and state. Blood has been spilled over this in other parts of the world. Are we ready for that?”</p>
<p>He stressed that the founding fathers of PNG had been wise to embed freedom of religion and conscience into the Constitution, ensuring that the state remained neutral in matters of faith.</p>
<p>“Now, we risk undoing their vision by imposing a national religion,” he said.</p>
<p><strong>Challenged Parliament</strong><br />
The archbishop also challenged Parliament and national leaders to think beyond symbolism.</p>
<p>“Yes, Parliament can pass declarations. Yes, politicians can make the numbers. But have they truly thought through the implications and applications of these decisions?”</p>
<p>He concluded his presentation with a sharp warning against hypocrisy and selective morality under a Christian state:</p>
<p>“You cannot use Christianity as a legal framework and continue with corruption. You cannot justify wrongdoing and expect forgiveness simply because now, in a confessional state, sin becomes crime and crime must have consequences.”</p>
<p><em>Republished from the PNG Post-Courier with permission.</em></p>
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		<title>Catholic priest calls PNG&#8217;s Christian state declaration &#8216;cosmetic&#8217; change</title>
		<link>https://asiapacificreport.nz/2025/03/18/catholic-priest-calls-pngs-christian-state-declaration-cosmetic-change/</link>
		
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		<pubDate>Tue, 18 Mar 2025 06:34:48 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=112367</guid>

					<description><![CDATA[By Caleb Fotheringham, RNZ Pacific journalist Papua New Guinea being declared a Christian nation may offer the impression that the country will improve, but it is only &#8220;an illusion&#8221;, according to a Catholic priest in the country. Last week, the PNG Parliament amended the nation&#8217;s constitution, introducing a declaration in its preamble: &#8220;(We) acknowledge and ]]></description>
										<content:encoded><![CDATA[<p><em>By <a href="https://www.rnz.co.nz/authors/caleb-fotheringham">Caleb Fotheringham</a>,<a href="https://www.rnz.co.nz/international/pacific-news/"> RNZ Pacific</a> journalist</em></p>
<p>Papua New Guinea <a href="https://www.rnz.co.nz/international/pacific-news/544665/papua-new-guinea-declares-christian-identity-in-constitutional-amendment">being declared a Christian nation</a> may offer the impression that the country will improve, but it is only &#8220;an illusion&#8221;, according to a Catholic priest in the country.</p>
<p>Last week, the PNG Parliament amended the nation&#8217;s constitution, introducing a declaration in its preamble: &#8220;(We) acknowledge and declare God, the Father; Jesus Christ, the Son; and Holy Spirit, as our Creator and Sustainer of the entire universe and the source of our powers and authorities, delegated to the people and all persons within the geographical jurisdiction of Papua New Guinea.&#8221;</p>
<p>In addition, Christianity will now be reflected in the Fifth Goal of the Constitution, and the Bible will be recognised as a national symbol.</p>
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<p>Father Giorgio Licini of Caritas PNG said that the Catholic Church would have preferred no constitutional change.</p>
<p>&#8220;To create, nowadays, in the 21st century a Christian confessional state seems a little bit anachronistic,&#8221; Father Licini said.</p>
<p>He believes it is a &#8220;cosmetic&#8221; change that &#8220;will not have a real impact&#8221; on the lives of the people.</p>
<p>&#8220;PNG society will remain basically what it is,&#8221; he said.</p>
<p><strong>An &#8216;illusion that things will improve&#8217;</strong><br />
&#8220;This manoeuvre may offer the impression or the illusion that things will improve for the country, that the way of behaving, the economic situation, the culture may become more solid. But that is an illusion.&#8221;</p>
<p>He said the preamble of the 1975 Constitution already acknowledged the Christian heritage.</p>
<p>Father Licini said secular cultures and values were scaring many in PNG, including the recognition and increasing acceptance of the rainbow community.</p>
<p>&#8220;They see themselves as next to Indonesia, which is Muslim, they see themselves next to Australia and New Zealand, which are increasingly secular countries, the Pacific heritage is fading, so the question is, who are we?&#8221; he said.</p>
<p>&#8220;It looks like a Christian heritage and tradition and values and the churches, they offer an opportunity to ground on them a cultural identity.&#8221;</p>
<div class="photo-captioned photo-captioned-full photo-cntr eight_col ">
<figure style="width: 1050px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" src="https://media.rnztools.nz/rnz/image/upload/s--D2LlND0u--/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050/v1643563754/4OOMVV0_copyright_image_85547?_a=BACCd2AD" alt="Village market near christian church building, Papua New Guinea" width="1050" height="698" /><figcaption class="wp-caption-text">Village market near a Christian church building in Papua New Guinea . . . secular cultures and values scaring many in PNG. Image: 123rf</figcaption></figure>
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<p>Prime Minister James Marape, a vocal advocate for the amendment, is happy about the outcome.</p>
<p>He said it &#8220;reflects, in the highest form&#8221; the role Christian churches had played in the development of the country.</p>
<p><strong>Not an operational law</strong><br />
RNZ Pacific&#8217;s PNG correspondent Scott Waide said that Marape had maintained it was not an operational law.</p>
<p>&#8220;It is something that is rather symbolic and something that will hopefully unite Papua New Guinea under a common goal of sorts. That&#8217;s been the narrative that&#8217;s come out from the Prime Minister&#8217;s Office,&#8221; Waide said.</p>
<p>He said the vast majority of people in the country had identified as Christian, but it was not written into the constitution.</p>
<p>Waide said the founding fathers were aware of the negative implications of declaring the nation a Christian state during the decolonisation period.</p>
<p>&#8220;I think in their wisdom they chose to very carefully state that Papua New Guineans are spiritual people but stopped short of actually declaring Papua New Guinea a Christian country.&#8221;</p>
<p>He said that, unlike Fiji, which has had a 200-year experience with different religions, the first mosque in PNG opened in the 1980s.</p>
<p>&#8220;It is not as diverse as you would see in other countries. Personally, I have seen instances of religious violence largely based on ignorance.</p>
<p>&#8220;Not because they are politically driven, but because people are not educated enough to understand the differences in religions and the need to coexist.&#8221;</p>
<p><em>This article is republished under a community partnership agreement with RNZ</em>.</p>
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		<title>How New Zealand is venturing down the road of political upheaval</title>
		<link>https://asiapacificreport.nz/2025/03/12/how-new-zealand-is-venturing-down-the-road-of-political-upheaval/</link>
		
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		<pubDate>Tue, 11 Mar 2025 21:29:16 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=112034</guid>

					<description><![CDATA[ANALYSIS: By Peter Davis With the sudden departure of New Zealand&#8217;s Reserve Bank Governor, one has to ask whether there is a pattern here &#8212; of a succession of public sector leaders leaving their posts in uncertain circumstances and a series of decisions being made without much regard for due process. It brings to mind ]]></description>
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<p><strong>ANALYSIS:</strong> <em>By Peter Davis</em></p>
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<p>With the sudden <a id="link" href="https://www.thepost.co.nz/politics/360603054/adrian-orrs-exit-omnishambles">departure of New Zealand&#8217;s Reserve Bank Governor</a>, one has to ask whether there is a pattern here &#8212; of a succession of public sector leaders leaving their posts in uncertain circumstances and a series of decisions being made without much regard for due process.</p>
<p>It brings to mind the current spectacle of federal government politics playing out in the United States. Four years ago, we observed a concerted attempt by a raucous and determined crowd to storm the Capitol.</p>
<p>Now a smaller, more disciplined and just as determined band is entering federal offices in Washington almost unhindered, to close agencies and programmes and to evict and <a id="link-5e8d9e7969bfcbbfc1ced81a8eb77be9" href="https://www.reuters.com/world/us/us-federal-agencies-directed-prepare-mass-layoffs-memo-shows-fox-news-2025-02-26/">terminate the employment of thousands of staff</a>.</p>
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<p>This could never happen here. Or could it? Or has it and is it happening here? After all, we had an occupation of parliament, we had <a id="link-20a908ccf652d20830998cd87b5883b0" href="https://thespinoff.co.nz/politics/28-11-2023/the-ctrl-z-coalition-all-the-repeals-and-reversals-planned-by-the-new-government">a rapid unravelling of a previous government’s legislative programme</a>, and we have experienced the removal of CEOs and downgrading of key public agencies such as Kāinga Ora on slender pretexts, and the rapid and marked downsizing of the core public service establishment.</p>
<p>Similarly, while the incoming Trump administration is targeting any federal diversity agenda, in New Zealand the incoming government has sought to curb the advancement of Māori interests, even to the extent of questioning elements of our basic constitutional framework.</p>
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<p>In other words, there are parallels, but also differences. This has mostly been conducted in a typical New Zealand low-key fashion, with more regard for legal niceties and less of the histrionics we see in Washington &#8212; yet it still bears comparison and probably reflects similar political dynamics.</p>
<p>Nevertheless, the departure in quick succession of <a id="link-daedbec901a7d773a4c3b9fc68bacb9b" href="https://www.rnz.co.nz/news/political/542183/the-detail-is-nz-s-health-leadership-in-crisis">three health sector leaders</a> and the targeting of Pharmac’s CEO suggest the agenda may be getting out of hand. In my experience of close contact with the DHB system the management and leadership teams at the top echelon were nothing short of outstanding.</p>
<p>The Auckland District Health Board, as it then was, is the largest single organisation in Auckland &#8212; and the top management had to be up to the task. And they were.</p>
<p><strong>Value for money</strong><br />
As for Pharmac, it is a standout agency for achieving value for money in the public sector. <a id="link-b22f90b52678cb175d6b1ec2ac375315" href="https://theconversation.com/with-act-and-nz-first-promising-to-overhaul-pharmac-whats-in-store-for-publicly-funded-medicines-215060">So why target it?</a> The organisation has made cumulative savings of at least a billion dollars, equivalent to 5 percent of the annual health budget. Those monies have been reinvested elsewhere in the health sector. Furthermore, by distancing politicians from sometimes controversial funding decisions on a limited budget it shields them from public blowback.</p>
<p>Unfortunately, <a id="link-9a6d7ef29a29bd419f168835b76ddd5e" href="https://www.stuff.co.nz/national/health/124432208/pharmac-does-a-great-job-but-its-losing-the-pr-battle-hands-down">Pharmac is the victim of its own success</a>: the reinvestment of funds in the wider health sector has gone unheralded, and the shielding of politicians is rarely acknowledged.</p>
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<p>The job as CEO at Pharmac has got much harder with a limited budget, more expensive drugs targeting smaller groups, more vociferous patient groups &#8212; sometimes funded in part by drug companies &#8212; easy media stories (individuals being denied “lifesaving” treatments), and, more recently, less sympathetic political masters.</p>
<p>Perhaps it was time for a changing of the guard, but the <a id="link-30e294049c53455e0e610901d3636bd4" href="https://www.stuff.co.nz/politics/360597881/pharmac-ceo-sarah-fitt-resigns-after-months-pressure-stuff-understands">ungracious manner of it</a> follows a similar pattern of other departures.</p>
<p><a id="link-c58830ab41b7177e4f56c4cce08a8566" href="https://www.rnz.co.nz/news/political/541861/public-service-sector-not-fit-for-purpose-new-commissioner-says">The arrival of Sir Brian Roche</a> as the new Public Service Commissioner may herald a more considered approach to public sector reform, rather than the slightly “wild west” New Zealand style with the unexplained abolition of the Productivity Commission, the premature ending of an expensive pumped hydro study, disbandment of sector industry groups, and the alleged cancellation of a large ferry contract <a id="link-20d9dbc6ba1562196b71c29c270ccbf3" href="https://www.rnz.co.nz/news/political/526974/korea-ferry-cancellation-talks-were-two-texts-sent-within-an-hour-of-announcement">by text</a>, among other examples of a rather casual approach to due process.</p>
<p>The danger we run is that the current cleaning out of public sector leaders is more than an expected turnover with a change of government, and rather a curbing of independent advice and thought. Will our public media agencies &#8212; <a id="link-af083a6773108e876d2deda4256f22ed" href="https://www.beehive.govt.nz/release/new-board-appointments-rnz-tvnz">TVNZ and RNZ &#8212;</a> be next in line for the current thrust of popular and political attention?</p>
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<p><strong>Major redundancies</strong><br />
Taken together with the abolition of the Productivity Commission, major redundancies in the public sector, the <a id="link-36a794353c8ab96512fd3a223a6dfe6b" href="https://www.auckland.ac.nz/en/news/2024/12/06/Marsden-fund-cuts-and-convenient-evidence.html">removal of research funding</a> for the humanities and the social sciences, a campaign by the Free Speech Union against <a id="link-fd4424e41baed0ced692933e3de4f582" href="https://www.massey.ac.nz/about/news/opinion-the-free-speech-union-leaping-from-climate-surveys-to-moral-panic/">university autonomy</a>, the growing reliance on <a id="link-34bece446d8c108e8697cbc7e64dcff3" href="https://www.nzinitiative.org.nz/events/member-only-events/">business lobbyists</a> and lobby groups to determine decision-making, and the recent <a id="link-9190f99fa8dc7e39ad84d55fb0e0431c" href="https://newsroom.co.nz/2025/03/03/the-herald-gets-a-new-tone-and-a-wealthy-alt-media-investor/">re-orientation of <em>The New Zealand Herald</em></a> towards a more populist stance, we could well be witnessing a concerted rebalancing of the ecosystem of advice and thought.</p>
<p>In half a century of observing policy and politics from the relative safety of the university, I have never witnessed such a concerted campaign as we are experiencing. Not even in the turmoil of the 1990s.</p>
<p>We need to change the national conversation before it is too late and we lose more of the key elements of the independence of advice and thought that we have established in the state and allied and quasi-autonomous agencies, as well as in the universities and the creative industries, and that lie at the heart of liberal democracy.</p>
<p><em><a href="http://peterdavisnz.com">Dr Peter Davis</a> is emeritus professor of population health and social science at Auckland University, and a former elected member of the Auckland District Health Board. This article was first published by <a href="https://www.thepost.co.nz/nz-news/360606656/how-new-zealand-venturing-down-road-political-upheaval">The Post</a> and is republished with the author&#8217;s permission and more articles are available at his website <a href="https://peterdavisnz.com/">https://peterdavisnz.com/</a> .<br />
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		<title>Churches push for Cook Islands to be declared a Christian nation after mosque discovery</title>
		<link>https://asiapacificreport.nz/2025/03/06/churches-push-for-cook-islands-to-be-declared-a-christian-nation-after-mosque-discovery/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Wed, 05 Mar 2025 21:57:36 +0000</pubDate>
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					<description><![CDATA[By Caleb Fotheringham, RNZ Pacific journalist Churches in the Cook Islands are pushing for the country to be declared a Christian nation following the discovery of a mosque in Rarotonga. The Religious Organisation Special Select Committee has heard submissions on Rarotonga and plan to visit the outer islands. It was initiated by the Cook Islands ]]></description>
										<content:encoded><![CDATA[<p><em>By <a href="https://www.rnz.co.nz/authors/caleb-fotheringham">Caleb Fotheringham</a>, <a href="https://www.rnz.co.nz/international/pacific-news/">RNZ Pacific</a> journalist</em></p>
<p>Churches in the Cook Islands are pushing for the country to be declared a Christian nation following the discovery of a mosque in Rarotonga.</p>
<p>The Religious Organisation Special Select Committee has heard submissions on Rarotonga and plan to visit the outer islands.</p>
<p>It was initiated by the Cook Islands Christian Church, which has proposed a constitutional amendment to recognise the Cook Islands as a Christian nation, &#8220;with the protection and promotion of the Christian faith as the basis for the laws and governance of the country&#8221;.</p>
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<p>Cook Islands opposition leader Tina Browne said the proposal was in conflict with Article 64 of the Constitution which allows for freedom of religion.</p>
<p>&#8220;At the moment, it&#8217;s definitely unconstitutional and I am a lawyer, so I think like one too,&#8221; Browne said, who is also part of the select committee.</p>
<p>Late last year, <a href="https://www.rnz.co.nz/international/pacific-news/535527/mosque-pin-removed-from-google-maps-after-amicable-dialogue-with-landowners">a mosque was discovered</a> on Rarotonga.</p>
<p>Select committee chair Tingika Elikana said it was the catalyst for the proposal.</p>
<p><strong>Signatory to human rights conventions</strong><br />
He said the country was a signatory to several human rights conventions and declaring the Cook Islands a Christian nation could go against them.</p>
<p>&#8220;Some of the questions by the committee is the impact such an amendment or provision in our constitution [would have] in terms of us being parties to most of these international human rights treaties and conventions.&#8221;</p>
<p>Elikana said the committee had received lots of submissions both in support and against the declaration.</p>
<p>Cook Islands Christian Movement interim secretary William Framhein is backing it.</p>
<p>&#8220;We believe that the country should be declared a Christian country and if anyone else belongs to another religion they&#8217;re free to practise their own religion but it doesn&#8217;t give them a right to establish a church in the country,&#8221; he said.</p>
<p>Tatiana Kautai, a Muslim Cook Islander living in Rarotonga said the country was already considered a Christian nation by most.</p>
<p>However, she was worried that if the proposal became law it could have practical implications on everyone who was not a Christian.</p>
<p>&#8220;People have a right to practise their religion freely, especially people who are just going about their day to day, working, supporting their families, not causing any harm, not trying to make any trouble.</p>
<p><strong>Marginalising people &#8216;unfair&#8217;</strong><br />
&#8220;To marginalise those people just seems unfair, and not right.&#8221;</p>
<p>Framhein said he also wanted to see the Cook Islands reverse its 2023 decision which legalised same sex relations. He said this was a &#8220;Western concept&#8221;, acceptable elsewhere in the world but not in the Cook Islands.</p>
<p>Tatryana Utanga, president of rainbow organisation Te Tiare Association, said it was not clear what the Christian nation submission was trying to achieve.</p>
<p>However, she is worried that it would sideline minority groups.</p>
<p>&#8220;Should this impeach or encroach on the work that we&#8217;ve been doing already, it would be a complete reverse in the wrong direction.</p>
<p>&#8220;We&#8217;d be taking steps backwards in our advocacy to achieve love and acceptance and equality in the Cook Islands.&#8221;</p>
<p><em>This article is republished under a community partnership agreement with RNZ</em>.</p>
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		<title>Samoa political update: Fiame prevails in leadership crisis</title>
		<link>https://asiapacificreport.nz/2025/01/22/samoa-political-update-fiame-prevails-in-leadership-crisis/</link>
		
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		<pubDate>Tue, 21 Jan 2025 23:21:25 +0000</pubDate>
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					<description><![CDATA[SPECIAL REPORT: By Lagipoiva Cherelle Jackson and Lilomaiava Maina Vai The Speaker of the House, Papali’i Li’o Taeu Masipau, decisively addressed a letter from FAST, which informed him of the removal of Fiame along with Deputy Prime Minister Tuala Tevaga Ponifasio, Leatinu’u Wayne Fong, Olo Fiti Vaai, Faualo Harry Schuster, and Toeolesulusulu Cedric Schuster from ]]></description>
										<content:encoded><![CDATA[<p><strong>SPECIAL REPORT:</strong> <em>By Lagipoiva Cherelle Jackson and Lilomaiava Maina Vai</em></p>
<p>The Speaker of the House, Papali’i Li’o Taeu Masipau, decisively addressed a letter from FAST, which informed him of the removal of Fiame along with Deputy Prime Minister Tuala Tevaga Ponifasio, Leatinu’u Wayne Fong, Olo Fiti Vaai, Faualo Harry Schuster, and Toeolesulusulu Cedric Schuster from the party.</p>
<p>The letter also referenced a lack of confidence in Fiame’s leadership and alleged discussions between the Government and the opposition. Papali’i rejected all claims, emphasising that decisions about parliamentary seats must align with the Constitution.</p>
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<li><a href="https://asiapacificreport.nz/2025/01/18/samoas-political-future-hangs-in-balance-with-fiame-leadership-challenge/"><strong>READ MORE:</strong> Samoa’s political future hangs in balance with Fiame leadership challenge</a></li>
<li><a href="https://asiapacificreport.nz/?s=Samoa+politics">Other Samoan politics reports</a></li>
</ul>
<p>“I have received a letter from the FAST Party concerning the removal of some of their members from the party. The letter raised questions about their parliamentary seats. Let it be clear: neither the Speaker of the House nor Parliament can, at this stage, make a decision that would result in the vacating of these seats in Parliament. The process must align with the rule of law,” <a href="https://fb.watch/xeYp8CoKBf/" target="_blank" rel="noopener">the Speaker stated</a>.</p>
<p>The<a href="https://www.paclii.org/ws/legis/consol_act_2020/ea2019103.pdf" target="_blank" rel="noopener"><em> Electoral Act 2019</em> of Samoa</a> outlines provisions regarding changing party allegiance by Members of Parliament (MPs). These rules are designed to maintain political stability and ensure that MPs adhere to the party alignment under which they were elected.</p>
<p>Fiame and the affected MPs have not declared their exit from FAST or joined another party, ensuring their seats remain legally secure, as affirmed by the Speaker.</p>
<p>In response to FAST attempts to remove her, <a href="https://www.facebook.com/share/1NWFxZymHX/" target="_blank" rel="noopener">Fiame dismissed 13 Associate Ministers. </a>They had aligned themselves with La’auli Leuatea Polataivao Fosi Schmidt, the FAST Party chairman and former Minister of Agriculture and Fisheries, in an attempt to oust her from the party.</p>
<p><strong>Three ministers removed</strong><br />
Fiame had earlier removed three Cabinet Ministers &#8212; Mulipola Anarosa Ale-Molio’o (Women, Community, and Social Development), Toelupe Poumulinuku Onesemo (Communication and Information Technology), and Leota Laki Sio (Commerce, Industry, and Labour).</p>
<p>The Speaker also dismissed references in the FAST letter to alleged discussions between the government and the opposition, citing a lack of verification.</p>
<p>“Legal avenues outside Parliament are available for these matters to be pursued,” <a href="https://fb.watch/xeYp8CoKBf/" target="_blank" rel="noopener">he added</a>.</p>
<p>Opposition leader Tuilaepa Sa’ilele Malielegaoi, Fiame’s predecessor, confirmed in Parliament that he had met with Fiame but clarified that the discussions focused solely on parliamentary matters and the smooth operation of the government.</p>
<p>In her Parliamentary address, Fiame acknowledged the challenges within the FAST Party. “As Prime Minister, I must acknowledge that the primary cause of this issue stems from the charges against La’auli, the former Minister of Agriculture and Fisheries,” she said.</p>
<p>Fiame <a href="https://www.facebook.com/share/p/1AneqtCAMV/" target="_blank" rel="noopener">removed La’auli from his Cabinet role</a> after he refused to step down following charges filed by the Samoa Police Service. The resulting fallout led to internal dissent within FAST, tit-for-tat removals of Ministers and Associate Ministers, and attempts to oust Fiame from the party and her role as Prime Minister.</p>
<p>Emphasising the importance of adhering to constitutional principles and due process, Fiame further stated in her Parliamentary address, “These challenges are not unprecedented. In 1982, similar divisions within the HRPP led to multiple changes in leadership before the government stabilised.”</p>
<p><strong>&#8216;Rift in alignment of canoes&#8217;</strong><br />
Regarding divisions in the FAST party, she said in Samoan:<em> “Ua va le fogava’a.”</em> Translated: there is a rift in the alignment of the canoes.</p>
<p>Despite this she reaffirmed her commitment to her role: “My Cabinet and I remain committed to fulfilling our duties as outlined in the law.”</p>
<p>She apologised to the nation for the disruptions caused by the unrest and called for mutual respect and adherence to the rule of law.</p>
<p>“My leadership defers to the rule of law to conduct my work. The rule of law is the umbrella that protects all Samoans under equal treatment under the law,” Fiame added.</p>
<p>In an unexpected move, opposition leader Tuilaepa expressed full support for Fiame’s leadership.</p>
<p>“Myself and our party &#8212; the only thing that we will do is to follow what I have said in the past on 26th July in 2021. I said: ‘Fiame, here is our government, lead the country. We put faith in you and 500 percent support.’”</p>
<p>Tuilaepa’s endorsement, along with the Speaker’s firm stance on upholding the rule of law, has been widely viewed as a stabilising factor during a turbulent time for Samoa’s government.</p>
<p><strong>Filllng the gaps</strong><br />
To fill the gaps left by the dismissed Ministers, <a href="https://www.facebook.com/share/p/1FDSY9HCLU/">four new Cabinet members were sworn in earlier in the week.</a> They are: Faleomavaega Titimaea Tafua (Commerce, Industry, and Labour), Laga’aia Ti’aitu’au Tufuga (Women, Community, and Social Development), Mau’u Siaosi Pu’epu’emai (Communications and Information Technology), and Niu’ava Eti Malolo (Agriculture and Fisheries).</p>
<p>The session marked the conclusion of a 20-day period of political unrest, social media harassment, attacks on press freedom and significant cabinet restructuring. With less than a year remaining in her term, Fiame faces the dual challenge of managing internal divisions within FAST while steering the government toward stability.</p>
<p>The Speaker’s decisive handling of the FAST letter, combined with the opposition leader’s support, has reaffirmed the rule of law as the cornerstone of Samoa’s democracy. While challenges remain, the Government now has a clearer path to focus on its legislative agenda and governance responsibilities.</p>
<p>Samoa faces high stakes, with more twists, turns, and potential crises likely to unfold in the months leading up to the elections. The political landscape remains fragile, and the nation’s stability hangs in the balance.</p>
<p>A steadfast commitment to the rule of law will be crucial as the country navigates this turbulent period.</p>
<p>Adding to the tension is the role of the Samoan diaspora, who amplified the political divide from abroad, fueling the ongoing discord. As the election approaches, only time will reveal how these dynamics will shape Samoa’s political future.</p>
<p><em><a href="https://devpolicy.org/author/lagipoiva-cherelle-jackson/">Lagipoiva Cherelle Jackson</a> is a Samoan journalist with over 20 years of experience reporting on the Pacific Islands. She is founding editor-in-chief of The New Atoll, a digital commentary magazine focusing on Pacific island geopolitics. Lilomaiava Maina Vai is the local host of Radio Samoa and editor of Nofoilo Samoa. Republished from the <a href="https://devpolicy.org/trouble-is-brewing-in-paradise-20250117/">Devpolicy Blog</a> with permission.</em></p>
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		<title>NZ&#8217;s Treaty Principles Bill is already straining social cohesion – a referendum could be worse</title>
		<link>https://asiapacificreport.nz/2024/11/15/nzs-treaty-principles-bill-is-already-straining-social-cohesion-a-referendum-could-be-worse/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 14 Nov 2024 21:38:04 +0000</pubDate>
				<category><![CDATA[Analysis]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=106976</guid>

					<description><![CDATA[ANALYSIS: By Alexander Gillespie, University of Waikato and Claire Breen, University of Waikato With the protest hīkoi from the Far North moving through Rotorua on its way to Wellington, it might be said ACT leader David Seymour has been granted his wish of generating an “important national conversation about the place of the Treaty in ]]></description>
										<content:encoded><![CDATA[<p><strong>ANALYSIS:</strong> <em>By <a href="https://theconversation.com/profiles/alexander-gillespie-721706">Alexander Gillespie</a>, <a href="https://theconversation.com/institutions/university-of-waikato-781">University of Waikato</a> and <a href="https://theconversation.com/profiles/claire-breen-803990">Claire Breen</a>, <a href="https://theconversation.com/institutions/university-of-waikato-781">University of Waikato</a></em></p>
<p>With the <a href="https://www.nzherald.co.nz/northern-advocate/news/far-north-starting-point-for-anti-treaty-principles-bill-hikoi/QOHYMWS2SFCOHKL5FY73EE6IIA/#google_vignette">protest hīkoi</a> from the Far North moving through Rotorua on its way to Wellington, it might be said ACT leader David Seymour has been granted his wish of <a href="https://www.beehive.govt.nz/release/treaty-principles-bill-introduced-parliament">generating</a> an “important national conversation about the place of the Treaty in our constitutional arrangements”.</p>
<p>Timed to coincide with the first reading of the contentious <a href="https://www.legislation.govt.nz/bill/government/2024/0094/latest/LMS1003447.html?search=ts_act%40bill%40regulation%40deemedreg_Treaty+Principles+Bill_resel_25_a&amp;p=1">Principles of the Treaty of Waitangi Bill</a> yesterday &#8212; it passed with a vote of 68-55, the hīkoi and other similar protests are a response to what many perceive as a fundamental threat to New Zealand’s fragile constitutional framework.</p>
<p>With no upper house, nor a written constitution, important laws can be fast-tracked or repealed by a simple majority of Parliament.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2024/11/14/nzs-hikoi-challenging-controversial-draft-bill-redefines-activism-says-herald/"><strong>READ MORE:</strong> NZ’s Hīkoi challenging controversial draft bill ‘redefines activism’, says Herald</a></li>
<li><a href="https://www.rnz.co.nz/news/political/533792/watch-labour-s-willie-jackson-ejected-from-house-for-calling-david-seymour-a-liar-during-treaty-principles-bill-reading">Labour’s Willie Jackson ejected from House for calling David Seymour a liar during Treaty Principles Bill reading</a></li>
<li><a href="https://asiapacificreport.nz/2024/11/14/nzs-treaty-principles-bill-passes-first-reading-after-maori-mp-evicted-over-haka/">NZ’s Treaty Principles Bill passes first reading after Māori MP evicted over haka</a></li>
<li><a href="https://asiapacificreport.nz/?s=hikoi">Other Hīkoi reports</a></li>
</ul>
<p>As constitutional lawyer and former prime minister <a href="https://newsroom.co.nz/2024/08/23/geoffrey-palmer-lurching-towards-constitutional-impropriety/">Geoffrey Palmer has argued</a> about the current government’s legislative style and speed, the country “is in danger of lurching towards constitutional impropriety”.</p>
<p>Central to this ever-shifting and contested political ground is te Tiriti o Waitangi/Treaty of Waitangi. For decades it has been woven into the laws of the land in an effort to redress colonial wrongs and guarantee a degree of fairness and equity for Māori.</p>
<p>There is a significant risk the Principles of the Treaty of Waitangi Bill would undermine these achievements, as it attempts to negate recognised rights within the original document and curtail its application in a modern setting.</p>
<p>But while the bill is almost guaranteed to fail because of the other coalition parties’ <a href="https://www.rnz.co.nz/news/political/527531/live-no-way-treaty-principle-bill-will-get-national-s-support-luxon">refusal to support it</a> beyond the select committee, there is another danger. Contained in an explanatory note within the bill is the following clause:</p>
<blockquote><p>The Bill will come into force if a majority of electors voting in a referendum support it. The Bill will come into force 6 months after the date on which the official result of that referendum is declared.</p></blockquote>
<p>Were David Seymour to argue his bill has been thwarted by the standard legislative process and must be advanced by a referendum, the consequences for social cohesion could be significant.</p>
<p><strong>The referendum option<br />
</strong>While the bill would still need to become law for the referendum to take place, the option of putting it to the wider population &#8212; either as a condition of a future coalition agreement or orchestrated via a <a href="https://www.parliament.nz/mi/get-involved/features/what-is-a-citizens-initiated-referendum/">citizens-initiated referendum</a> &#8212; should not be discounted.</p>
<p>One <a href="https://www.rnz.co.nz/national/programmes/sunday/audio/2018925583/do-new-zealanders-really-want-a-treaty-referendum">recent poll</a> showed roughly equal support for and against a referendum on the subject, with around 30 percent undecided. And Seymour has had success in the past with his <a href="https://www.parliament.nz/en/get-involved/features/what-is-the-end-of-life-choice-act-referendum-about/">End of Life Choice Act referendum</a> in 2020.</p>
<p>He will also have watched the recent example of Australia’s <a href="https://www.bbc.com/news/world-australia-67110193">Voice referendum</a>, which aimed to give a non-binding parliamentary voice to Indigenous communities but failed after a heated and divisive public debate.</p>
<p>The lobby group Hobson’s Pledge, which opposes affirmative action for Māori and is led by former ACT politician Don Brash, has already signalled its <a href="https://www.hobsonspledge.nz/treaty_referendum_hangs_in_the_balance">intention to push for</a> a citizens-initiated referendum, arguing: “We need to deliver the kind of message that the Voice referendum in Australia delivered.”</p>
<p><strong>The Treaty and the constitution<br />
</strong>ACT’s bill is not the first such attempt. In 2006, the NZ First Party &#8212; then part of a Labour-led coalition government &#8212; introduced the <a href="https://www.parliament.nz/en/pb/hansard-debates/rhr/document/48HansD_20060726_00001143/principles-of-the-treaty-of-waitangi-deletion-bill-first">Principles of the Treaty of Waitangi Deletion Bill</a>.</p>
<p>That bill failed, but the essential argument behind it was that entrenching Treaty principles in law was “<a href="https://teara.govt.nz/en/video/32980/voting-on-the-principles-of-the-treaty-2006">undermining race relations in New Zealand</a>”. However, ACT’s current bill does not seek to delete those principles, but rather to define and restrain them in law.</p>
<p>This would effectively begin to unpick decades of careful legislative work, threaded together from the deliberations of the <a href="https://www.waitangitribunal.govt.nz/en">Waitangi Tribunal</a>, the <a href="https://teara.govt.nz/en/te-tai/about-treaty-settlements">Treaty settlements</a> process, the courts and Parliament.</p>
<p>As such, in mid-August the Tribunal <a href="https://www.waitangitribunal.govt.nz/en/news-2/all-articles/news/tribunal-releases-report-on-treaty-principles-bill">found the first iteration</a> of ACT’s bill</p>
<blockquote><p>would reduce the constitutional status of the Treaty/te Tiriti, remove its effect in law as currently recognised in Treaty clauses, limit Māori rights and Crown obligations, hinder Māori access to justice, impact Treaty settlements, and undermine social cohesion.</p></blockquote>
<p>In early November, the <a href="https://auc-word-edit.officeapps.live.com/we/(https:/forms.justice.govt.nz/search/Documents/WT/wt_DOC_221817323/Nga%20Matapono%20Ch6%20W.pdf)">Tribunal added</a>:</p>
<blockquote><p>If this Bill were to be enacted, it would be the worst, most comprehensive breach of the Treaty/te Tiriti in modern times. If the Bill remained on the statute book for a considerable time or was never repealed, it could mean the end of the Treaty/te Tiriti.</p></blockquote>
<p><strong>Social cohesion at risk</strong><br />
Similar concerns have been raised by the Ministry of Justice in its advice to the government. In particular, the <a href="https://www.beehive.govt.nz/sites/default/files/2024-09/Regulatory%20Impact%20Assessment%20Treaty%20Principles%20Bill.pdf">ministry noted</a> the proposal in the bill may negate the rights articulated in Article II of the Treaty, which affirms the continuing exercise of tino rangatiratanga (self-determination):</p>
<blockquote><p>Any law which fails to recognise the collective rights given by Article II calls into question the very purpose of the Treaty and its status in our constitutional arrangements.</p></blockquote>
<p>The government has also been advised by the Ministry of Justice that the bill <a href="https://disclosure.legislation.govt.nz/bill/government/2024/94">may lead to discriminatory outcomes</a> inconsistent with New Zealand’s international legal obligations to eliminate discrimination and implement the rights of Indigenous peoples.</p>
<p>All of these issues will become heightened if a referendum, essentially about the the removal of rights guaranteed to Māori in 1840, is put to the vote.</p>
<p>Of course, citizens-initiated referendums are not binding on a government, but they carry much politically persuasive power nonetheless. And this is not to argue against their usefulness, even on difficult issues.</p>
<p>But the profound constitutional and wider democratic implications of the Principles of the Treaty of Waitangi Bill, and any potential referendum on it, should give everyone pause for thought at this pivotal moment.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img decoding="async" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/243568/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p>
<p><a href="https://theconversation.com/profiles/alexander-gillespie-721706"><em>Dr Alexander Gillespie</em></a><em> is professor of law, <a href="https://theconversation.com/institutions/university-of-waikato-781">University of Waikato</a> and <a href="https://theconversation.com/profiles/claire-breen-803990">Claire Breen</a> is professor of Law, <a href="https://theconversation.com/institutions/university-of-waikato-781">University of Waikato. </a>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons licence. Read the <a href="https://theconversation.com/the-treaty-principles-bill-is-already-straining-social-cohesion-a-referendum-could-be-worse-243568">original article</a>.</em></p>
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		<title>Senior NZ lawyers call for Treaty Principles Bill to be abandoned</title>
		<link>https://asiapacificreport.nz/2024/11/13/senior-nz-lawyers-call-for-treaty-principles-bill-to-be-abandoned/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Wed, 13 Nov 2024 08:41:53 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=106875</guid>

					<description><![CDATA[By Lillian Hanly, RNZ political reporter Members of the King&#8217;s Counsel, some of New Zealand&#8217;s most senior legal minds, say the controversial Treaty Principles Bill &#8220;seeks to rewrite the Treaty itself&#8221; and are calling on the prime minister and the coalition government to &#8220;act responsibly now and abandon&#8221; it. More than 40 KCs have written ]]></description>
										<content:encoded><![CDATA[<p><em>By <a href="https://www.rnz.co.nz/authors/lillian-hanly">Lillian Hanly</a>, <a href="https://www.rnz.co.nz/news/political/">RNZ</a> political reporter</em></p>
<p>Members of the King&#8217;s Counsel, some of New Zealand&#8217;s most senior legal minds, say the controversial Treaty Principles Bill &#8220;seeks to rewrite the Treaty itself&#8221; and are calling on the prime minister and the coalition government to &#8220;act responsibly now and abandon&#8221; it.</p>
<p>More than 40 KCs have written to the prime minister and attorney-general outlining their &#8220;grave concerns&#8221; about the substance of the Treaty Principles Bill and its wider implications for the country&#8217;s constitutional arrangements.</p>
<p>The bill is <a href="https://www.rnz.co.nz/news/national/528821/treaty-principles-bill-what-you-need-to-know">set to have its first reading in the House on Thursday</a>, and has led to <a href="https://www.rnz.co.nz/news/national/533615/live-hikoi-of-thousands-arrives-at-auckland-s-ihumatao">nationwide protests</a>, with Prime Minister Christopher Luxon himself calling it &#8220;divisive&#8221;.</p>
<ul>
<li><a href="https://www.rnz.co.nz/news/national/533615/live-day-three-and-the-hikoi-walks-across-auckland-harbour-bridge"><strong>READ MORE:</strong> Live hīkoi coverage on RNZ news blog</a></li>
<li><a href="https://asiapacificreport.nz/?s=hikoi">Other Hīkoi reports</a></li>
</ul>
<p>Its architect, ACT leader David Seymour, has said the purpose is to provide certainty and clarity and to <a href="https://www.rnz.co.nz/news/political/533115/the-treaty-principles-bill-has-been-released-here-s-what-s-in-it">&#8220;promote a national conversation about their place in our constitutional arrangements&#8221;</a>.</p>
<p>&#8220;I can see why they don&#8217;t like the Treaty Principles Bill. Everyone gets a say, even if you&#8217;re not a KC,&#8221; Seymour said in a statement.</p>
<p>&#8220;The debate over the Treaty has until this point been dominated by a small number of judges, senior public servants, academics, and politicians.&#8221;</p>
<p>He said the select committee process would finally &#8220;democratise&#8221; the debate.</p>
<p><strong>Co-governance, ethnic quotas<br />
</strong>&#8220;The courts and the Waitangi Tribunal have been able to develop principles that have been used to justify actions that are contrary to the principle of equal rights. Those actions include co-governance in the delivery of public services and ethnic quotas in public institutions.</p>
<p>&#8220;The Treaty Principles Bill provides an opportunity for New Zealanders &#8212; rather than the courts and the Waitangi Tribunal &#8212; to have a say on what the Treaty means. Did the Treaty give different rights to different groups, or does every citizen have equal rights? I believe all New Zealanders deserve to have a say on that question,&#8221; Seymour said.</p>
<p>The senior members of the independent bar view the introduction of the bill (and the intended referendum) as &#8220;wholly inappropriate as a way of addressing such an important and complex constitutional issue&#8221;.</p>
<p>The letter states the existing principles (including partnership, active protection, equity and redress) are &#8220;designed to reflect the spirit and intent of the Treaty as a whole and the mutual obligations and responsibilities of the parties&#8221;. They say the principles now represent &#8220;settled law&#8221;.</p>
<p>The letter said the coalition&#8217;s bill sought to &#8220;redefine in law the meaning of te Tiriti, by replacing the existing &#8216;Treaty principles&#8217; with new Treaty principles which are said to reflect the three articles of te Tiriti&#8221;.</p>
<div class="photo-captioned photo-captioned-half photo-right four_col ">
<figure style="width: 576px" class="wp-caption alignnone"><img decoding="async" src="https://media.rnztools.nz/rnz/image/upload/s--kxckXEnF--/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_576/v1731373049/4KGTXCA_Hikoi_12_11_2024_Dargaville_3_jfif?_a=BACCd2AD" alt="The hīkoi passes through Dargaville, Tuesday, 12 November 2024." width="576" height="384" /><figcaption class="wp-caption-text">The hīkoi passing through Dargaville yesterday. Image: Layla Bailey-McDowell/RNZ</figcaption></figure>
</div>
<p>The lawyers say those proposed principles do not reflect te Tiriti, and, by &#8220;imposing a contested definition of the three articles, the bill seeks to rewrite the Treaty itself&#8221;.</p>
<p>The Treaty Principles Bill, they say, would have the &#8220;effect of unilaterally changing the meaning of te Tiriti and its effect in law, without the agreement of Māori as the Treaty partner&#8221;.</p>
<p><strong>Historical settlements</strong><br />
The proposed principle 2 &#8220;retrospectively limits Māori rights to those that existed at 1840&#8221;, they said, and the bill states that &#8220;if those rights &#8216;differ from the rights of everyone&#8217;, then they are only recognised to the extent agreed in historical Treaty settlements with the Crown&#8221;.</p>
<p>The lawyers said that erased the Crown&#8217;s Article 2 guarantee to Māori of tino rangatiratanga.</p>
<p>&#8220;By recognising Māori rights only when incorporated into Treaty settlements with the Crown, this proposed principle also attempts to exclude the courts, which play a crucial role in developing the common law and protecting indigenous and minority rights.&#8221;</p>
<p>They also explained the proposed principle 3 did not &#8220;recognise the fundamental Article 2 guarantee to Māori of the right to be Māori and to have their tikanga Māori (customs, values and customary law) recognised and protected in our law&#8221;.</p>
<p>They said it was not for the government of the day to &#8220;retrospectively and unilaterally reinterpret constitutional treaties&#8221;.</p>
<p>&#8220;This would offend the basic principles which underpin New Zealand&#8217;s representative democracy.&#8221;</p>
<p>They added that the bill would cause significant legal confusion and uncertainty, &#8220;inevitably resulting in protracted litigation and cost&#8221;, and would have the &#8220;opposite effect of its stated purpose of providing certainty and clarity&#8221;.</p>
<p>In regards to the wider process and impact of the bill, they pointed to a lack of meaningful engagement as well as the finding by the Waitangi Tribunal that the Bill was <a href="https://www.rnz.co.nz/news/political/525344/waitangi-tribunal-calls-for-treaty-principles-bill-to-be-abandoned-in-scathing-report">a breach of the Treaty</a>.</p>
<p>The ACT Party has long argued the original articles have been interpreted by the courts, the Waitangi Tribunal and successive governments &#8212; over decades &#8212; in a way that has amplified their significance and influence beyond the original intent.</p>
<p><em>This article is republished under a community partnership agreement with RNZ</em>.</p>
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		<title>Gavin Ellis: A day to be gripped by fear &#8211; &#8216;freedom&#8217; will lose its true meaning</title>
		<link>https://asiapacificreport.nz/2024/11/06/gavin-ellis-a-day-to-be-gripped-by-fear-freedom-will-lose-its-true-meaning/</link>
		
		<dc:creator><![CDATA[Pacific Media Watch]]></dc:creator>
		<pubDate>Wed, 06 Nov 2024 10:24:07 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=106557</guid>

					<description><![CDATA[COMMENTARY: By Gavin Ellis This morning, I am afraid. I am very afraid. I fear that by the time I go to bed democracy in the United States will be imperilled by a man, the nature of which the Founding Fathers could never envisage when creating the protective elements of the constitution. The risks will ]]></description>
										<content:encoded><![CDATA[<p><strong>COMMENTARY:</strong> <em>By Gavin Ellis</em></p>
<p>This morning, I am afraid. I am very afraid.</p>
<p>I fear that by the time I go to bed democracy in the United States will be imperilled by a man, the nature of which the Founding Fathers could never envisage when creating the protective elements of the constitution.</p>
<p>The risks will not be to Americans alone. The world will become a different place with Donald J Trump once again becoming president.</p>
<ul>
<li><a href="https://www.aljazeera.com/news/2024/11/6/world-reactions-as-trump-declares-victory-in-us-presidential-election"><strong>READ MORE:</strong> World reactions as Donald Trump wins US presidential election after a turbulent and defiant campaign</a></li>
<li><a href="https://asiapacificreport.nz/2024/11/05/donald-trump-unfit-to-lead-vote-for-harris-warns-new-york-times/">Donald Trump ‘unfit to lead’ – vote for Harris, warns New York Times </a></li>
<li><a href="https://asiapacificreport.nz/?s=US+Presidential+elections">Other US presidential elections reports</a></li>
</ul>
<p>My trepidation is tempered only by the fact that no-one can be sure he has the numbers to gain sufficient votes in the electoral college that those same founding fathers devised as a power-sharing devise between federal and state governments. They could not have foreseen how it could become the means by which a fraction of voters could determine their country’s future.</p>
<p>Or perhaps that is contributing to my disquiet. No-one has been able to give me the comfort of predicting a win by Kamala Harris.</p>
<p>In fact, none of the smart money has been ready to call it one way or the other.</p>
<p><em>The New Zealand Herald’s</em> business editor at large, Liam Dann, predicted a Trump win the other day but his reasoning was more visceral than analytical:</p>
<p><em>Trump provides an altogether more satisfying prescription for change. He allows them to vent their anger. He taps into the rage bubbling beneath America’s polite and friendly exterior. He provides an outlet for frustration, which is much simpler than opponents to his left can offer.</em></p>
<p><em>That’s why he might well win. Momentum seems to be going his way.</em></p>
<p><em>He is a master salesman and he is selling into a market that is disillusioned with the vague promises they’ve been hearing from mainstream politicians for generations.</em></p>
<p><strong>Heightened anxiety</strong><br />
Few others &#8212; including his brother Corin, who is in the US covering the election for Radio New Zealand &#8212; have been willing to make the call and today dawned no clearer.</p>
<p>That may be one reason for my heightened anxiety . . . the lack of certainty one way or the other.</p>
<p>All of our major media outlets have had staff in the States for the election (most with some support from the US government) and each has tried to tap into the &#8220;mood of the people&#8221;, particularly in the swing states. Each has done a professional job, but it has been no easy task and, to be honest, I have no idea what the real thinking of the electorate might be.</p>
<p>One of my waking nightmares is that the electorate isn’t thinking at all. In which case, Liam Dann’s reading of the entrails might be as good a guide as any.</p>
<p>I have attempted to cope with the avalanche of reportage, analysis and outright punditry from CNN, <em>New York Times, Washington Post</em>, and <em>Wall Street Journal.</em> I have tried to get a more detached view from the BBC, <em>Guardian</em>, and (God help me) <em>Daily Mail</em>. I have made my head hurt playing with<em> The Economist’s</em> poll prediction models.</p>
<p>I am no closer to predicting a winner than anyone else.</p>
<p>However, I do know what scares me.</p>
<p>If Donald Trump takes up residence in the White House again, the word &#8220;freedom&#8221; will lose its true meaning and become a captured phrase ring-fencing what the victor and his followers want.</p>
<p><strong>Validating disinformation</strong><br />
&#8220;Media freedom&#8221; will validate disinformation and make truth harder to find. News organisations that seek to hold Trump and a compliant Congress to account will be demonised, perhaps penalised.</p>
<p>As president again, Trump could rend American society to a point where it may take decades for the wound to heal and leave residual feelings that will last even longer. That will certainly be the case if he attempts to subvert the democratic process to extend power beyond his finite term.</p>
<p>I worry for the rest of the world, trying to contend with erratic foreign policies that put the established order in peril and place the freedom of countries like Ukraine in jeopardy. I dread the way in which his policies could empower despots like Vladimir Putin. By definition, as a world power, the United States’ actions affect all of us &#8212; and Trump’s influence will be pervasive.</p>
<p>You may think my fears could be allayed by the possibility that he will not return to 1600 Pennsylvania Avenue. Were Kamala Harris facing any other candidate, that would certainly be the case. However, Donald Trump is not any other candidate and he has demonstrated an intense dislike of losing.</p>
<p>I am alarmed by the possibility that, if he fails to get the required 270 electoral votes, Donald Trump could again cry &#8220;voter fraud&#8221; and light the touch paper offered to him by the likes of the Proud Boys. They had a practice run on January 6, 2021. If there is a next time, it could well be worse.</p>
<p>Sometimes, my wife accuses me of unjustified optimism. When I think of the Americans I have met and those I know well, I recall that the vast majority of them have had a reasonable amount of common sense. Some have had it in abundance. I can only hope that across that nation common sense prevails today.</p>
<p>I am more than a little worried, however, that on this occasion my wife might be right.</p>
<p><em><a href="https://knightlyviews.com/about-ua-158210565-2/">Dr Gavin Ellis</a> holds a PhD in political studies. He is a media consultant and researcher. A former editor-in-chief of </em>The New Zealand Herald<em>, he has a background in journalism and communications — covering both editorial and management roles — that spans more than half a century. Dr Ellis publishes the website <a href="https://knightlyviews.com/">knightlyviews.com</a> where this commentary &#8212; written before the election results started coming in &#8212; was first published and it is republished by </em>Asia Pacific Report<em> with permission.</em></p>
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		<title>Vanuatu&#8217;s Kalsakau resigns, calls for delay on constitutional referendum</title>
		<link>https://asiapacificreport.nz/2024/05/03/vanuatus-kalsakau-resigns-calls-for-delay-on-constitutional-referendum/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 02 May 2024 23:10:22 +0000</pubDate>
				<category><![CDATA[Democracy]]></category>
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		<category><![CDATA[Ishmael Kalsakau]]></category>
		<category><![CDATA[referendum]]></category>
		<category><![CDATA[Vanuatu politics]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=100562</guid>

					<description><![CDATA[By Lydia Lewis, RNZ Pacific journalist Vanuatu&#8217;s former prime minister and opposition MP Ishmael Kalsakau has stepped down &#8212; just two days after he confirmed he was the rightful opposition leader. Kalsakau, MP for Port Vila, confirmed to ABC&#8217;s Pacific Beat, and the Vanuatu Daily Post on Thursday that he had resigned along with his ]]></description>
										<content:encoded><![CDATA[<p><em>By <a href="https://www.rnz.co.nz/authors/lydia-lewis">Lydia Lewis</a>, <a href="https://www.rnz.co.nz/international/pacific-news/">RNZ Pacific</a> journalist</em></p>
<p>Vanuatu&#8217;s former prime minister and opposition MP Ishmael Kalsakau has stepped down &#8212; just two days after he confirmed he was the rightful opposition leader.</p>
<p>Kalsakau, MP for Port Vila, <a href="https://www.abc.net.au/pacific/programs/pacificbeat/kalsakauvanref/103788724">confirmed</a> to ABC&#8217;s <i>Pacific Beat</i>, and the <i>Vanuatu Daily Post </i>on Thursday that he had resigned along with his deputies.</p>
<p>RNZ Pacific has contacted him for comment.</p>
<ul>
<li><a href="https://podcast.radionz.co.nz/pacn/dateline-20240501-0603-vanuatus_former_pm_admits_regrets-128.mp3"><span class="c-play-controller__title"><strong>LISTEN TO RNZ </strong></span><span class="c-play-controller__title"><strong><em>PACIFIC WAVES</em>:</strong> Kalsakau speaks to Lydia Lewis</span></a></li>
</ul>
<p>On Tuesday, while speaking to RNZ Pacific about the <a href="https://www.rnz.co.nz/international/programmes/datelinepacific/audio/2018930003/vanuatu-aims-to-put-an-end-to-political-instability">referendum on May 29</a>, he opened up about regrets during his time as prime minister.</p>
<p>Kalsakau was <a href="https://www.rnz.co.nz/international/pacific-news/478078/ishmael-kalsakau-elected-vanuatu-pm">elected prime minister</a> in November 2022 after a <a href="https://www.rnz.co.nz/international/pacific-news/472991/we-will-be-there-loughman-to-face-no-confidence-vote-on-friday">motion of no confidence</a> was filed against the then Prime Minister Bob Loughman.</p>
<p>There have been a <a href="https://www.rnz.co.nz/international/pacific-news/499581/charlot-salwai-elected-prime-minister-of-vanuatu">trail of no confidence motions</a> filed since then and two more prime ministers.</p>
<p>&#8220;I was so focused on how to change the country, improving Vanuatu&#8217;s image. I just didn&#8217;t look over my shoulder to see what was happening behind my back.&#8221;</p>
<p><strong>&#8216;Learnt his lessons&#8217;</strong><br />
He said he has &#8220;learnt his lessons&#8221; and gone as far as to say &#8220;it&#8217;s not gonna happen again.</p>
<p>&#8220;I will not close my eyes,&#8221; he said.</p>
<p>Kalsakau, confirming he was the rightful opposition leader after their were some concerns raised about his appointment recently, said Vanuatu&#8217;s upcoming referendum aims to overcome the nation&#8217;s persistent political instability.</p>
<p>The government is putting in front of the people two proposed constitutional amendments:</p>
<ul>
<li>17A: Vacation of Seat by Party Member.</li>
</ul>
<p>Under this amendment if a MP leaves, or is forced to resign from their political party, then their seat will be declared vacant.</p>
<ul>
<li>17B: Vacation of Seat by Independent Member.</li>
</ul>
<p>This amendment would require those MPs elected as independents to choose a political party within three months of being elected, or their seat will be declared vacant.</p>
<p>While it is a different position to what the former prime minister had when he was in government, he said there was a likelihood he or others, who are not satisfied with the government&#8217;s action &#8212; or inaction over the planned referendum &#8212; could go to the Supreme Court.</p>
<p>&#8220;They can take this matter to the Supreme Court, to get it judged there as to whether what the government is proposing at the moment is constitutional,&#8221; he said.</p>
<p>He said there was a precedent for such a case.</p>
<p>&#8220;In 1988, there has been an Appeal Court judgement, which stipulated, in bold terms, that those fundamental rights are so fundamental to the citizen, that not even a state nor any person, not even a nation, can restrict [them],&#8221; he said.</p>
<p><strong>Delaying the referendum<br />
</strong>When asked if Vanuatu is ready for the referendum, he replied: &#8220;Is any country ever ready for a referendum when it traverses the population only two months prior to the date of the vote?&#8221;</p>
<p>He is now asking the government to delay the referendum to give time for public consultation on the matter.</p>
<p>&#8220;I am hoping that that wisdom prevails at the end of the day,&#8221; Kalsakau said.</p>
<p>&#8220;If it doesn&#8217;t, either way, it can be an option now or it can be an option, after the amendments processed through the referendum.&#8221;</p>
<p>Kalsakau insists he is voting &#8220;Yes&#8221; in the upcoming referendum and his call for postponement is in the public interest.</p>
<p>The government has told local media a <a href="https://www.dailypost.vu/news/kalsakau-recommends-pm-to-defer-referendum/article_31f2b225-c080-5b92-b33a-727979d129cd.html">delay is not possible</a> as the process is already underway.</p>
<p>However, the former opposition leader disputes that.</p>
<p>&#8220;It&#8217;s become a political issue now,&#8221; he said on Tuesday.</p>
<p><i><em>This article is republished under a community partnership agreement with RNZ.</em></i></p>
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		<title>Bougainville has first draft of new home grown constitution</title>
		<link>https://asiapacificreport.nz/2024/03/14/bougainville-has-first-draft-of-new-home-grown-constitution/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 14 Mar 2024 00:11:34 +0000</pubDate>
				<category><![CDATA[Bougainville]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=98220</guid>

					<description><![CDATA[RNZ Pacific Two years after beginning consultations, the Bougainville Constitutional Planning Commission has released its first draft of a home grown constitution. Bougainville expects to become independent of Papua New Guinea within three years and writing a constitution is a key part of that process. The draft constitution is the result of 40 commissioners travelling ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>Two years after beginning consultations, the Bougainville Constitutional Planning Commission has <a href="https://abg.gov.pg/index.php?/news/read/bcpc-reviews-first-draft-of-constitution">released its first draft of a home grown constitution</a>.</p>
<p>Bougainville expects to become independent of Papua New Guinea within three years and writing a constitution is a key part of that process.</p>
<p>The draft constitution is the result of 40 commissioners travelling throughout Bougainville to garner the people&#8217;s views.</p>
<ul>
<li><a href="https://abg.gov.pg/index.php?/news/read/bcpc-reviews-first-draft-of-constitution"><strong>READ MORE:</strong> BCPC reviews first draft of constitution</a></li>
</ul>
<figure id="attachment_98224" aria-describedby="caption-attachment-98224" style="width: 300px" class="wp-caption alignright"><img loading="lazy" decoding="async" class="wp-image-98224 size-medium" src="https://asiapacificreport.nz/wp-content/uploads/2024/03/ABG-flag-ABG-680wide-300x187.png" alt="The flag of Bougainville" width="300" height="187" srcset="https://asiapacificreport.nz/wp-content/uploads/2024/03/ABG-flag-ABG-680wide-300x187.png 300w, https://asiapacificreport.nz/wp-content/uploads/2024/03/ABG-flag-ABG-680wide-674x420.png 674w, https://asiapacificreport.nz/wp-content/uploads/2024/03/ABG-flag-ABG-680wide.png 680w" sizes="auto, (max-width: 300px) 100vw, 300px" /><figcaption id="caption-attachment-98224" class="wp-caption-text">The flag of Bougainville first designed by Marilyn Havini in 1975. Image: ABG</figcaption></figure>
<p>The commissioners included women, youth and former combatants, and church representatives.</p>
<p>The data collected by the commissioners was then compiled into a draft constitution by Australian National University professor Anthony Regan and Katy le Roy.</p>
<p>President Ishmael Toroama welcomed the first draft but said work is still needed to fine tune the document.</p>
<p>A final first draft is expected next month.</p>
<p><i><em>This article is republished under a community partnership agreement with RNZ.</em></i></p>
<div class="photo-captioned photo-captioned-full photo-cntr eight_col ">
<figure style="width: 1050px" class="wp-caption alignnone"><img loading="lazy" decoding="async" src="https://media.rnztools.nz/rnz/image/upload/s--W-Q4tuby--/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050/v1710297060/4KTDNOE_Bougainville_draft_jpg" alt="Members of the Bougainville Constitutional Planning Commission." width="1050" height="785" /><figcaption class="wp-caption-text">Members of the Bougainville Constitutional Planning Commission . . . wide consultations. Image: ABG</figcaption></figure>
</div>
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		<title>&#8216;No&#8217; to Australia&#8217;s indigenous Voice &#8211; a devastating wake-up call for resistance to colonialism</title>
		<link>https://asiapacificreport.nz/2023/10/17/no-to-australias-indigenous-voice-a-devastating-wake-up-call-for-colonialism-resistance/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Tue, 17 Oct 2023 07:59:53 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=94688</guid>

					<description><![CDATA[SPECIAL REPORT: By Yamin Kogoya The referendum on the indigenous Voice in Australia last Saturday was an historic event. Australians were asked to vote on whether to recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia in the Constitution through an indigenous Voice. The voters were asked to vote &#8220;yes&#8221; or ]]></description>
										<content:encoded><![CDATA[<p><strong>SPECIAL REPORT:</strong> <em>By Yamin Kogoya</em></p>
<p>The <a href="https://www.niaa.gov.au/indigenous-affairs/referendum-aboriginal-and-torres-strait-islander-voice">referendum on the indigenous Voice</a> in Australia last Saturday was an historic event. Australians were asked to vote on whether to recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia in the Constitution through an indigenous Voice.</p>
<p>The <a href="https://voice.gov.au/resources/fact-sheet-referendum-question-and-constitutional-amendment">voters were asked</a> to vote &#8220;yes&#8221; or &#8220;no&#8221; on a single question:</p>
<blockquote><p><em>“A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.</em></p>
<p><em>&#8220;Do you approve this proposed alteration?”</em></p></blockquote>
<ul>
<li><a href="https://asiapacificreport.nz/?s=The+Voice"><strong>READ MORE:</strong> Other reports on the Voice</a></li>
</ul>
<p>The Voice was proposed as an independent, representative body for First Nations peoples to advise the Australian Parliament and government, giving them a voice on issues that affect them.</p>
<p>Here are some key points:</p>
<ul>
<li>The proposal was to recognise Indigenous Australians in the Constitution by creating a body to advise Parliament, known as the &#8220;Voice&#8221;.</li>
<li>The &#8220;Voice&#8221; would be an independent advisory body. Members would be chosen by First Nations communities around Australia to represent them.</li>
<li>The &#8220;Voice&#8221; would provide advice to governments on matters relating to Aboriginal and Torres Strait Islander people, such as health, education, and housing, in the hope that such advice will lead to better outcomes.</li>
<li>Under the Constitution, the federal government already has the power to make laws for Indigenous people. The &#8220;Voice&#8221; would be a way for them to be consulted on those laws. However, the government would be under no obligation to act on the advice.</li>
<li>Indigenous people have called for the &#8220;Voice&#8221; to be included in the Constitution so that it can’t be removed by the government of the day, which has been the fate of every previous indigenous advisory body. It is also the way indigenous people have said they want to be recognised in the constitution as the First Nations with a 65,000-year connection to the continent &#8212; not simply through symbolic words.</li>
</ul>
<p>It was necessary for a majority of voters to vote &#8220;yes&#8221; nationally, as well as a majority of voters in at least four out of six states, for the referendum to pass.</p>
<p>Unfortunately, it was rejected by the majority with more than 60 percent with the vote still being counted. In all six states and the Northern Territory, a &#8220;No&#8221; vote was projected.</p>
<figure id="attachment_94695" aria-describedby="caption-attachment-94695" style="width: 680px" class="wp-caption alignnone"><img loading="lazy" decoding="async" class="wp-image-94695 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2023/10/Voice-ref-TGuard-680wide.png" alt="The Voice vote nationally" width="680" height="280" srcset="https://asiapacificreport.nz/wp-content/uploads/2023/10/Voice-ref-TGuard-680wide.png 680w, https://asiapacificreport.nz/wp-content/uploads/2023/10/Voice-ref-TGuard-680wide-300x124.png 300w" sizes="auto, (max-width: 680px) 100vw, 680px" /><figcaption id="caption-attachment-94695" class="wp-caption-text">The Voice vote nationally &#8211; &#8220;no&#8221; ahead with 60 percent with counting still ongoing. Source: The Guardian</figcaption></figure>
<p>According to <a href="https://www.abc.net.au/news/elections/referendum/2023/results?filter=all&amp;sort=az&amp;state=all&amp;party=all">the ABC</a>, a majority of voters in all six states and the Northern Territory voted against the proposal.</p>
<p><strong>New South Wales<br />
</strong>81.2 percent counted, 1.81 million voted yes (40.5 percent) and 2.67M million voted no (59.5 percent).</p>
<p><strong>Victoria<br />
</strong>78.5 percent counted, 1.56 million voted yes (45.0 percent), and 1.91 million voted no (55.0 percent).</p>
<p><strong>Tasmania<br />
</strong>82.7 percent counted, 134,809 voted yes (40.5 percent), and 198,152 voted no (59.5 percent).</p>
<p><strong>South Australia<br />
</strong>79.1 percent counted, 355,682 voted yes (35.4 percent), 648,769 voted no (64.6 percent).</p>
<p><strong>Queensland<br />
</strong>74.3 percent counted, 835,159 voted yes (31.2 percent), 1.84 million voted no (68.8 percent).</p>
<p><strong>Western Australia<br />
</strong>75.3 percent counted, 495,448 voted yes (36.4 percent), and 866,902 voted no (63.6 percent).</p>
<p><strong>Northern Territory<br />
</strong>63.4 percent counted, 37,969 voted yes (39.5 percent), and 58,193 voted no (60.5 percent).</p>
<p><strong>ACT<br />
</strong>82.8 percent counted, 158,097 voted yes (60.8 percent), and 102,002 voted no (39.2 percent).</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">Prime Minister Anthony Albanese has said the next steps after the failed Indigenous Voice to Parliament referendum are yet to be decided and called the expectation of having a plan just days after the vote &#8220;not respectful&#8221;.</p>
<p>For the latest news, visit: <a href="https://t.co/X6qtu24rNp">https://t.co/X6qtu24rNp</a> <a href="https://t.co/smgqgeV55Y">pic.twitter.com/smgqgeV55Y</a></p>
<p>— SBS News (@SBSNews) <a href="https://twitter.com/SBSNews/status/1714079950205276236?ref_src=twsrc%5Etfw">October 17, 2023</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>In addition to being viewed as divisive along racial lines, concerns about how the Voice to Parliament would work (whether indigenous Australians would be given greater power) and uncertainties about how the new body would result in meaningful change for indigenous Australians contributed to the rejection.</p>
<p>Australia has held 44 referendums since its founding in 1901. However, the referendum on the Indigenous Voice to Parliament in 2023 was the first of its kind to focus specifically on Indigenous Australians.</p>
<p>As part of a broader push to establish constitutional recognition of Indigenous Australians, the Voice proposal was seen as a significant step towards reconciliation and was the result of decades of indigenous advocacy and work.</p>
<p>A key turning point came in 2017 when 250 Aboriginal and Torres Strait Islander delegates from across the country <a href="https://ulurustatement.org/wp-content/uploads/2022/01/UluruStatementfromtheHeartPLAINTEXT.pdf">met at Uluru for the First Nations&#8217; National Constitutional Convention</a>. The proposal, known as the Voice, sought to recognise Indigenous people in Australia&#8217;s constitution and establish a First Nations body to advise the government on issues affecting their communities.</p>
<p>However, the Voice proposal was not unanimously accepted. In the course of the campaign, intense conflict and discussion ensued between supporters and opponents, resulting in what supporters viewed as a tragic outcome, while the victorious opponents celebrated their victory.</p>
<p><strong>The support of Oceania&#8217;s indigenous leaders<br />
</strong>Pacific Islanders expressed their views before the referendum on the Voice to Parliament.</p>
<p><a href="https://www.abc.net.au/news/2023-10-04/pacific-top-diplomat-henry-puna-voice-to-parliament/102933468">Henry Puna, Secretary-General of the Pacific Islands Forum, said</a> that Australia’s credibility would be boosted on the world stage if the yes vote won the Indigenous voice referendum. He stated that it would be &#8220;wonderful&#8221; if Australia were to vote yes, because he believed it would elevate Australia&#8217;s position, and perhaps even its credibility, internationally.</p>
<p>The former Foreign Minister of Vanuatu (nd current Climate Change Minister), <a href="https://www.townsvillebulletin.com.au/business/economy/inconceivable-fijian-mp-warns-australia-would-lose-respect-of-neighbours-if-voice-fails/news-story/bedc51f06de49238ada0ebd809a9c463">Ralph Regevanu, warned Australia&#8217;s reputation</a> would plummet among its allies in the Pacific if the Voice to Parliament was defeated.</p>
<p>These views indicate the potential impact of the voice referendum on Australia&#8217;s relationship with Pacific Island nations, which it often refers to as &#8220;its own backyard&#8221;.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">The “No” camp claimed the Voice was an “elite” idea, that “real” Indigenous people didn’t want it, because Peter Dutton had spoken to “shoppers”. Even with the results, they still insist communities did not want one – taking away what little voice they got<a href="https://t.co/kWt0hjDHEC">https://t.co/kWt0hjDHEC</a></p>
<p>— Rachel Withers (@rachelrwithers) <a href="https://twitter.com/rachelrwithers/status/1714149143923609907?ref_src=twsrc%5Etfw">October 17, 2023</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p><strong>Division, defeat and impact<br />
</strong>A tragic aspect of the Voice proposal is the fact that not only were <a href="https://www.theguardian.com/australia-news/2023/oct/14/day-of-sadness-how-prominent-australians-reacted-to-the-indigenous-voice-referendum-result">Australian settlers divided</a> about it, but even worse, <a href="https://www.theguardian.com/australia-news/2023/oct/14/day-of-sadness-how-prominent-australians-reacted-to-the-indigenous-voice-referendum-result">indigenous leaders themselves</a>, who were in a position to bring together a fragmented and tormented nation, were at odds with each other &#8212; including full-on verbal wars in media.</p>
<p>While their opinions on the proposal were divided, some had practical and realistic ideas to address the problems faced by indigenous communities in remote towns. Others proposed a treaty between settlers and original indigenous people.</p>
<p>There are also those who advocate for a strong political recognition within the nation&#8217;s constitutional framework.</p>
<p>Despite these divisions among indigenous leaders, the referendum on Voice represents a significant milestone in the ongoing indigenous resistance that spans over 200 years.</p>
<p>It is a resistance that began on January 26, 1788, when the invasion began (<a href="https://www.abc.net.au/news/2020-05-01/the-story-of-aboriginal-resistance-warrior-pemulwuy/12202782">Pemulwuy&#8217;s War</a>), and continued through various milestones such as the 1937 Petition for citizenship, land rights, and representation, the 1938 Day of Mourning, the 1963 Yirrkala bark petitions, the 1965 Freedom Rides, and the establishment of the Aboriginal Tent Embassy in Canberra in 1972.</p>
<p>It further extended to 1990-2005 with the Aboriginal and Torres Strait Islander Commission (ATSIC), the 1991 Song Treaty by Yothu Yindi, Eddie Mabo overturning terra nullius in 1992, Kevin Rudd&#8217;s 2008 apology, and the Uluru Statement from the Heart until the recent defeat of the Voice Referendum in 2023.</p>
<p><strong>A dangerous settlers&#8217; myth and its consequences<br />
</strong>The modern nation of Australia (aged 235 years) has been shaped by one of European myths: &#8220;Terra Nullius&#8221;, the Latin term for &#8220;nobody&#8217;s land&#8221;. This myth was used to describe the legal position at the time of British colonisation.</p>
<p>Accordingly, the land had been deemed as terra nullius, which implies that it had belonged to no one before the British Crown declared sovereignty over it.</p>
<p><strong>Eddy Mabo: A Melanesian Hero<br />
</strong>An indigenous Melanesian, Eddy Mabo, overturned this myth in 1992, known as &#8220;the Mabo Case,&#8221; which recognised the land rights of the Meriam people and other indigenous peoples.</p>
<p>The Mabo Case resulted in significant changes in Australian law in several areas. One of the most notable changes was the overturning of the long-standing legal fiction of &#8220;terra nullius,&#8221; which posited that Australia was unpopulated (no man&#8217;s land) at the time of British colonisation.</p>
<p>In this decision, the High Court of Australia recognized the legal rights of Indigenous Australians to make claims to lands in Australia. It marked a historic moment, as it was the first time that the law acknowledged the traditional rights of Aboriginal and Torres Strait Islander peoples. In addition, the Mabo Case contributed directly to the establishment of the Native Title Act in 1993.</p>
<p>Even though these changes are significant, debates persist regarding the state of indigenous Australians under colonial settlement.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">Indigenous Affairs reporter Isabella Higgins says the No victory in the Indigenous Voice to Parliament Referendum could change the way Indigenous Australians will want to interact with the rest of the country going forward. <a href="https://t.co/g5CxBaU0Op">pic.twitter.com/g5CxBaU0Op</a></p>
<p>— ABC News (@abcnews) <a href="https://twitter.com/abcnews/status/1713423419084046800?ref_src=twsrc%5Etfw">October 15, 2023</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p><strong>Indigenous leaders need to see a big picture<br />
</strong>The recent referendum on the Voice sparked heated debates on a topic that has long been a source of contention: the age-old battle of &#8220;my country versus your country, my mob versus your mob, I know best versus you know nothing.&#8221;</p>
<p>While it&#8217;s important to celebrate and protect cultural diversity and the unique perspectives it brings, it&#8217;s equally important to recognise that British settlers didn&#8217;t just apply the myth of terra nullius to a select few groups or regions &#8212; they applied it to all areas inhabited by indigenous peoples, treating them as a single, homogenous entity.</p>
<p>This means that any solution to indigenous issues must be rooted in a collective, unified voice, rather than a patchwork of fragmented groups.</p>
<p>Indigenous leaders need to prioritise the creation of a unified front among themselves and mobilise their people before seeking support from Australians. Currently, they are engaging in competition, outdoing each other, and fighting over the same issue on mainstream media platforms, indigenous-run media platforms, and social media.</p>
<p>This approach is reminiscent of the &#8220;divide, conquer, and rule&#8221; strategy that the British effectively employed worldwide to expand and maintain their dominion. This strategy has historically caused harm to indigenous nations worldwide, and it is now harming indigenous people because their leaders are fighting among themselves.</p>
<p>It is important to note that this does not imply a rejection of every distinct indigenous language group, clan, or tribe. However, it is crucial to recognise that indigenous peoples throughout Oceania were viewed through a particular European lens, which scholars refer to as &#8220;Eurocentrism&#8221;.</p>
<p>This &#8220;lens&#8221; is a double-edged sword, providing semantic definition and dissection power while also compartmentalising based on a hierarchy of values. Melanesians and indigenous Australians were placed at the bottom of this hierarchy and deemed to be of no historical or cultural significance.</p>
<p>This realisation is of utmost importance for the collective attainment of redemption, unity and reconciliation.</p>
<p><strong>The larger Australian indigenous’ cause<br />
</strong>From Vasco Núñez de Balboa&#8217;s momentous crossing of the Isthmus of Panama to Ferdinand Magellan&#8217;s pioneering Spanish expedition across the Pacific Ocean in 1521, and Abel Janszoon Tasman&#8217;s remarkable exploration of Tasmania, Australia, New Zealand, and Fiji, to James Cook&#8217;s renowned voyages in the Pacific Ocean between 1768 and 1779, the indigenous peoples of Oceania have endured immense suffering and torment as a consequence of the European scramble for these territories.</p>
<p>The indigenous peoples of Oceania were forever scarred by the merciless onslaught of European maritime marauders. When the race for supremacy over these unspoiled regions unfolded, their lives were shattered, and their communities torn asunder.</p>
<p>The web of life in Australia and Oceania was severely disrupted, devalued, rejected, and subjected to brutality and torment as a result of the waves of colonisation that forcefully impacted their shores.</p>
<p>The colonisers imposed various racial prejudices, civilising agendas, legal myths, and the Discovery doctrine, all of which were conceived within the collective conceptual mindset of Europeans and applied to the indigenous people.</p>
<p>These actions have had a lasting and fatalistic impact on the collective indigenous population in Australia and Oceania, resulting in dehumanisation, enslavement, genocide, and persistent marginalisation of their humanity, leading to unwarranted guilt for their mere existence.</p>
<p>The European collective perception of Oceania, exemplified by the notion of terra nullius, has resulted in numerous transgressions of indigenous laws, customs, and cosmologies, affecting every aspect of life within the entire landscape. These violations have led to the loss of land, destruction of language, erasure of memories, and imposition of British customs.</p>
<p>Furthermore, indigenous peoples were forcibly relocated to concentration camps, missions, and reserves.</p>
<p>The Declaration received support from a total of 144 countries, with only four countries (which have historically displaced indigenous populations through settler occupation) voting against it &#8212; Australia, Canada, New Zealand and the United States.</p>
<p>However, all four countries subsequently reversed their positions and endorsed the Declaration. It should be noted that while the Declaration does not possess legal binding force, it does serve as a reflection of the commitments and responsibilities that states have under international law and human rights standards.</p>
<p>The challenges and concerns confronting indigenous communities are undeniably more severe and deplorable than the current &#8220;yes or no&#8221; referendum. It is imperative for the entire nation, including indigenous leaders, to acknowledge the profound extent of the Indigenous human tragedy that extends beyond the divisive binary.</p>
<p><strong>Old and new imperial vultures<br />
</strong>Similar to the European vultures that once encircled Oceania centuries ago, partitioned its territories, subjugated its people, conducted bomb experiments, and eradicated its population in Tasmania, the present-day vultures from the Eastern and Western regions exhibit comparable behaviours.</p>
<p>It is imperative for indigenous leaders hailing from Australia, Melanesia, Polynesia, and Micronesia to unite and demand that the colonial governments be held responsible for the multitude of crimes they have perpetrated.</p>
<p><strong>Message to divided indigenous leaders<br />
</strong>Simply assigning blame to already fragmented, tormented, and highly marginalised Indigenous communities, and endeavouring to empower them solely through a range of government handouts and community-based development programs, will not be adequate.</p>
<p>Because the trust between indigenous peoples and settlers has been shattered over centuries of abuse, deeply impacting the core of Indigenous self-image, dignity, and respect.</p>
<p><strong>My personal experience in remote indigenous communities<br />
</strong>I am a Papuan who came to Australia over 20 years ago to study in the remote NSW town of Bourke. I lived, studied, and worked at a small Christian College called Cornerstone Community.</p>
<p>During my time there, I was adopted by the McKellar clan of the Wangkumara Tribe in Bourke and worked closely with indigenous communities in Bourke, Brewarrina, Walgett, Cobar, Wilcannia, and Dubbo.</p>
<p>Unfortunately, my experiences in these places left me traumatised.</p>
<p>These communities have become so broken. I found myself succumbing to depression as a result of the distressing experiences I witnessed. It dawned upon me being &#8220;blackfella&#8221; &#8212; Papuan indigenous descent &#8212; was and still consistently subjected to similar mistreatment regardless of location.</p>
<p>This realisation instilled within me a sense of guilt for my own identity, as I was constantly made feel guilty of who I was. Tragically, a significant number of the young indigenous whom I endeavoured to aid and guide through diverse community and youth initiatives have either been incarcerated or committed suicide.</p>
<p>West Papua, my home country, is currently experiencing a genocide due to the Indonesian settler occupation, which is supported by the Australian government. This is similar to what indigenous Australians have endured under the colonial system of settlers.</p>
<p>Indigenous Australians in every region, town, and city face a complex and diverse set of issues, which are unique, tragic, and devastating. These issues are a result of how the settler colony interacted with them upon their arrival in the country.</p>
<p>Nevertheless, the indigenous people were not subjected to centuries of abuse and mistreatment solely based on their tribal affiliations. Rather, they were targeted by the settler government as a collective, disregarding the diversity among indigenous groups.</p>
<p>This included the indigenous people from Oceania, who have endured dehumanisation and racism as a result of colonisation.</p>
<p>It is imperative to acknowledge that the resolution of these predicaments cannot be attained by a solitary leader representing a particular group. The indigenous leaders need a unified vision and strategy to combat these issues.</p>
<p>All indigenous individuals across the globe, including Australia, New Zealand, Oceania, and West Papua, are afflicted by the same affliction. The only distinguishing factor is the degree of harm inflicted by the virus, along with the circumstances surrounding its occurrence.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">A statement from Indigenous Australians who supported the Voice referendum. <a href="https://t.co/UlW2kvd9oa">https://t.co/UlW2kvd9oa</a> <a href="https://t.co/1159uz3bxk">pic.twitter.com/1159uz3bxk</a></p>
<p>— ulurustatement (@ulurustatement) <a href="https://twitter.com/ulurustatement/status/1713386412798890174?ref_src=twsrc%5Etfw">October 15, 2023</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p><strong>A paradigm shift<br />
</strong>Imagine a world where indigenous peoples in Australia and Oceania reclaim their original languages and redefine the ideas, myths, and behaviours displayed on their land with their own concepts of law, morality, and cosmology. In this world, I am confident that every legal product, civilisational idea, and colonial moral code applied to these peoples would be deemed illegal.</p>
<p>It is time to empower indigenous voices and perspectives and challenge the oppressive systems that have silenced them for far too long.</p>
<p>Commence the process of renaming each island, city, town, mountain, lake, river, valley, animal, tree, rock, country, and region with their authentic local languages and names, thereby reinstating their original significance and worth.</p>
<p>However, in order to accomplish this, it is imperative that indigenous communities are granted the necessary authority, as it is ultimately their power that will reinforce such transformation. This power does not solely rely on weapons or monetary resources, but rather on the determination to preserve their way of life, restore their self-image, and demand the recognition of their dignity and respect.</p>
<p>Last Saturday&#8217;s No Vote tragedy wasn&#8217;t just about the majority of Australians rejecting it. It was a heartbreaking moment where indigenous leaders, who should have been united, found themselves fiercely divided.</p>
<p>Accusations were flying left and right, targeting each other&#8217;s backgrounds, positions, and portfolios. This bitter divide ended up gambling away any chance of redemption and reconciliation that had reached such a high national level.</p>
<p>It was a devastating blow to the hopes and aspirations for a better world for one of the most disadvantaged originals continues human on this ancient timeless continent &#8212; Australia.</p>
<p><em>Yamin Kogoya is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University and who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.</em></p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Yamin+Kogoya">Other Yamin Kogoya articles</a></li>
</ul>
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		<title>PNG suspended defence chief claims &#8216;political interference&#8217; in court</title>
		<link>https://asiapacificreport.nz/2023/10/11/png-suspended-defence-chief-claims-political-interference-in-court/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Wed, 11 Oct 2023 02:43:45 +0000</pubDate>
				<category><![CDATA[Featured]]></category>
		<category><![CDATA[Military]]></category>
		<category><![CDATA[Papua New Guinea]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[General Mark Goina]]></category>
		<category><![CDATA[military trainng]]></category>
		<category><![CDATA[PNG Defence Force]]></category>
		<category><![CDATA[PNG military]]></category>
		<category><![CDATA[Political interference]]></category>
		<category><![CDATA[Political lawsuits]]></category>
		<category><![CDATA[Public Service Commission]]></category>
		<category><![CDATA[Waigani National Court]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=94345</guid>

					<description><![CDATA[By Jacob Pok in Port Moresby Concerns over alleged political interference in the command and control of the Papua New Guinea Defence Force are among the grounds that will be pursued by the suspended Chief of Defence, Major-General Mark Goina, if the court grants him leave to appeal. Goina seeks leave to review the decision ]]></description>
										<content:encoded><![CDATA[<p><em>By Jacob Pok in Port Moresby</em></p>
<p>Concerns over alleged political interference in the command and control of the Papua New Guinea Defence Force are among the grounds that will be pursued by the suspended Chief of Defence, Major-General Mark Goina, if the court grants him leave to appeal.</p>
<p>Goina seeks leave to review the decision of the National Executive Council (NEC) that suspended him from his substantive role as the major-gene­r­al of the PNGDF on August 17, 2023, and appointed Commodore Philip Polewara as acting commander of the PNGDF.</p>
<div>
<p>While pursuing his application for leave to review at the Waigani National Court yesterday, General Goina, through his lawyer David Dusal, when giving the background of the matter, submitted that the Minister for Defence Win Bakri Daki, who is the third defendant in the proceeding, had been allegedly interfering with the command, control and operation of the PNGDF.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=PNG+Defence+Force"><strong>READ MORE:</strong> Other PNG Defence Force reports</a></li>
</ul>
<p>It was submitted that Goina became gravely concerned in recent times of the minister’s insistence and instructions to the general as the commander of the PNGDF to appoint and discharge certain officers within the PNGDF, which raised significant concerns of<br />
political interference into the functions of the military.</p>
<p>It was submitted that such authority was vested in the Commander of the Defence Force and not, the minister, nor was the commander subject to directions from a civilian.</p>
<p>In his affidavit, General Goina indicated that the minister had to sponsor the NEC submission for him to be suspended without him being informed on the reasons for his suspension.</p>
<p>Presiding judge Justice Oagile Dingake had to direct Goina’s lawyer to first make submissions on leave to review and not on the substantive merits of the case until leave was decided.</p>
<p><strong>Leave requirements met</strong><br />
General Goina’s lawyer Dusal then submitted that leave should be granted since Goina had met all the requirements of leave.</p>
<p>It was submitted that Goina, as the plaintiff, had standing as a person directly affected by the decision of the NEC on August 16, 2023, and the subsequent gazettal by the Governor-General on August 17, 2023, giving effect to the NEC decision.</p>
<p>It was also submitted that General Goina had arguable grounds on the basis that there was an error of law relating to his suspension since it was made without consultation with the Public Services Commission under s.59 of the Constitution and that he was not given the right to be heard.</p>
<p>It was further submitted that there was also no delay in the filing of the leave application.</p>
<p>The state through lawyer Alice Kimbu opposed the application for leave and argued that Goina’s suspension was still active and the proceeding would pre-empt or interfere with a pending inquiry into the death of two soldiers during a military training.</p>
</div>
<div>
<p>Kimbu further argued that although she had no issue with the plaintiff’s standing or the delay in filing of the application, leave should not be granted and must be refused on the basis that the proceeding would be destructive to the inquiry.</p>
<p>Justice Dingake noted that although General Goina may have met all requirements for leave, it had reached the third month of Goina’s three-month suspension period and there would be &#8220;no utility&#8221; in pursuing the matter further.</p>
<p><strong>Suspension coming to end</strong><br />
“Suspension is almost coming to an end, what’s the utility?&#8221; he asked.</p>
<p>“Just when it is coming to an end, you’re coming to the court.</p>
<p>“Am I entitled to take into account that the suspension is coming to an end?</p>
<p>&#8220;What happens if I reserved my decision for six months?” Justice Dingake asked.</p>
<p>Lawyer Dusal in response submitted that as indicated in the suspension instrument, it was indicated that General Goina be suspended for three-months or, pending the final outcome of the inquiry.</p>
<p>He submitted that the inquiry would take six to 12 months and the status of General Goina’s suspension would depend on the final outcome.</p>
<p>Kimbu for the state argued that the grant of leave was discretionary and as per the circumstance, the court should not grant leave.</p>
<p>Justice Dingake reserved his ruling to a date to be advised.</p>
<p><em>Jacob Pokis a PNG Post-Courier reporter. Republished with permission.</em></p>
</div>
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		<title>&#8216;Quit lip service&#8217; and reshuffle PNG cabinet for national benefit, says Nomane</title>
		<link>https://asiapacificreport.nz/2023/09/18/quit-lip-service-and-reshuffle-png-cabinet-for-national-benefit-says-nomane/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Mon, 18 Sep 2023 09:21:04 +0000</pubDate>
				<category><![CDATA[Democracy]]></category>
		<category><![CDATA[Development]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Pacific Report]]></category>
		<category><![CDATA[Papua New Guinea]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Self Determination]]></category>
		<category><![CDATA[Socio-Economics]]></category>
		<category><![CDATA[Syndicate]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[Independence Day]]></category>
		<category><![CDATA[James Marape]]></category>
		<category><![CDATA[James Nomane]]></category>
		<category><![CDATA[PNG independence]]></category>
		<category><![CDATA[PNG planning]]></category>
		<category><![CDATA[PNG policy]]></category>
		<category><![CDATA[PNG poverty]]></category>
		<category><![CDATA[Silent majority]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=93235</guid>

					<description><![CDATA[PNG Post-Courier Vice-Minister of Planning James Nomane has called on Prime Minister James Marape to put Papua New Guinea first and reshuffle cabinet to bring together the best of both government and opposition MPs. In his 48th Independence message at the weekend, Nomane said that this Independence Day must trigger change in the way Marape&#8217;s ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.postcourier.com.pg/"><em>PNG Post-Courier</em></a></p>
<p>Vice-Minister of Planning James Nomane has called on Prime Minister James Marape to put Papua New Guinea first and reshuffle cabinet to bring together the best of both government and opposition MPs.</p>
<p>In his <a href="https://asiapacificreport.nz/?s=PNG+Independence">48th Independence message</a> at the weekend, Nomane said that this Independence Day must trigger change in the way Marape&#8217;s administration had been running the government.</p>
<p>“In the last 12 months, the country’s socio-economic indicators have regressed,&#8221; he said.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=PNG+Independence"><strong>READ MORE:</strong> Other PNG Independence Day reports</a></li>
</ul>
<p>“We just need to look at the lack of jobs, no medicine in hospitals, and the unprecedented crime wave.&#8221;</p>
<p>This was a reality check and an indictment on the government&#8217;s ability to manage the nation’s affairs as its elected leaders.</p>
<p>&#8220;All Members of Parliament must be honest and stop the lip service, stop promulgating cliché, and stop the ill-conceived half-measures that have worsened the situation for our people,&#8221; Nomane said.</p>
<p>“On this Independence Day, I call on the Prime Minister to put the country first and do a complete cabinet reshuffle that brings the best of both government and opposition MPs together.</p>
<p><strong>Plea for &#8216;suffering masses&#8217;</strong><br />
“The task is simple: in 3 months turn the situation around.</p>
<p>&#8220;This is an unprecedented plea on behalf of the suffering masses, the silent majority, and our progeny.</p>
<p>“The country is bigger than me and every other Member of Parliament. I am sick of the paradox that PNG is so rich, yet so poor.</p>
<p>“I am sick of the paralysis caused by the inimical political culture that promotes conformity and punishes those that disagree on policy.</p>
<p>&#8220;MPs vehemently debating on policy in public and sharing a meal afterwards has become a distant memory.</p>
<p>“This is synonymous with autocratic leadership, not a thriving democracy as envisioned by our forefathers and captured in our Constitution.</p>
<p>“The Prime Minister must change cabinet and get MPs who know how things work and can lead without fear or favour to drive the country’s development aspirations 48 years and beyond.</p>
<p>“The time has come for this 11th Parliament to live out the words of our national anthem: <em>“O arise all ye sons of this land…”</em></p>
<p><em>Republished from the PNG Post-Courier with permission.</em></p>
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		<title>Minister dismisses Bougainville criticism over independence vote</title>
		<link>https://asiapacificreport.nz/2023/07/04/minister-dismisses-bougainville-criticism-over-referendum-vote/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Tue, 04 Jul 2023 01:30:31 +0000</pubDate>
				<category><![CDATA[Bougainville]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=90426</guid>

					<description><![CDATA[RNZ Pacific Papua New Guinea&#8217;s Minister of Bougainville Affairs, Manasseh Makiba, believes an absolute majority is needed for the vote on the Bougainville referendum because it involves changing the constitution. Makiba told Parliament last month that two thirds of MPs would need to support the independence push, drawing the ire of Bougainville&#8217;s Minister of Independence ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>Papua New Guinea&#8217;s Minister of Bougainville Affairs, Manasseh Makiba, believes an absolute majority is needed for the vote on the Bougainville referendum because it involves changing the constitution.</p>
<p>Makiba told Parliament last month that two thirds of MPs would need to support the independence push, drawing the ire of Bougainville&#8217;s Minister of Independence Mission Implementation Ezekiel Massatt.</p>
<p>Massatt <a href="https://www.rnz.co.nz/international/pacific-news/492504/bougainville-minister-s-anger-over-change-of-vote-on-independence">said officials from both governments</a> had already agreed that a simple majority would suffice.</p>
<ul>
<li><a href="https://www.thenational.com.pg/parlt-to-decide-on-bville/"><strong>READ MORE:</strong> PNG Parliament to decide on Bougainville</a></li>
<li><a href="https://asiapacificreport.nz/?s=Bougainville">Other Bougainville reports</a></li>
</ul>
<p>Last month Massatt told RNZ Pacific that what transpired in the last session of Parliament gave the Bougainville leadership no confidence that they could achieve independence under a government led by Prime Minister James Marape.</p>
<p>But Makiba said the Bougainville Peace Agreement and the Constitution allowed for Parliament to make a decision on the 2019 Bougainville referendum which resulted in a 97.7 percent vote in favour of independence.</p>
<p><a href="https://www.thenational.com.pg/parlt-to-decide-on-bville/"><i>The National </i>newspaper reports</a> Makiba saying that, as an issue of sovereignty, the vote on Bougainville&#8217;s future has to be done with the same majority as that required for constitutional amendments.</p>
<p>He said officials had overstepped their authority in making a commitment to a simple majority.</p>
<p><strong>Prerogative of Parliament</strong><br />
Makiba said it remained the prerogative of the Parliament to make its decision as to the appropriate voting majority.</p>
<p>He also rejected claims from Massatt that the national government was putting up roadblocks.</p>
<p>Makiba said the national government had been very supportive and committed to implementing the provisions of the Bougainville Peace Agreement and the PNG Constitution.</p>
<p>He said leaders needed to refrain from misleading people with the wrong information.</p>
<p>&#8220;The people must hear the correct information and the process and rule of law must be respected, followed, and upheld at all times,&#8221; he said.</p>
<p>&#8220;If certain leaders are not happy with the ratification process proposed to the Parliament to debate and adopt by way of Sessional Order they have the option to go to the Supreme Court to get interpretation on the ratification process,&#8221; he said.</p>
<p><em><i><span class="caption">This article is republished under a community partnership agreement with RNZ.</span></i></em></p>
<div class="photo-captioned photo-captioned-full photo-cntr eight_col ">
<figure style="width: 1050px" class="wp-caption alignnone"><img loading="lazy" decoding="async" src="https://rnz-ressh.cloudinary.com/image/upload/s--HuyZBaO3--/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050/v1643781267/4MFD07I_image_crop_117314" alt="PNG's prime minister James Marape (right) shakes hands with Ishmael Toroama, the president of the autonomous region of Bougainville, 5 February 2021." width="1050" height="700" /><figcaption class="wp-caption-text">PNG Prime Minister James Marape (right) shaking hands with Ishmael Toroama, the President of the Autonomous Region of Bougainville, on 5 February 2021. Image: PNG PM Media/RNZ Pacific</figcaption></figure>
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		<title>2000 Fiji coup leader George Speight applies for presidential pardon</title>
		<link>https://asiapacificreport.nz/2023/05/31/2000-fiji-coup-leader-george-speight-applies-for-presidential-pardon/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Tue, 30 May 2023 22:36:36 +0000</pubDate>
				<category><![CDATA[Crime]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=89123</guid>

					<description><![CDATA[By Vijay Narayan in Suva Fiji&#8217;s 2000 coup leader George Speight, who has been serving time in prison for more than 20 years, has applied for a presidential pardon so he can be released. When questioned by Fijivillage News, Attorney-General and Chair of the Mercy Commission, Siromi Turaga confirmed that Speight had made an application ]]></description>
										<content:encoded><![CDATA[<p><em>By Vijay Narayan in Suva</em></p>
<p>Fiji&#8217;s 2000 coup leader George Speight, who has been serving time in prison for more than 20 years, has applied for a presidential pardon so he can be released.</p>
<p>When questioned by Fijivillage News, Attorney-General and Chair of the Mercy Commission, Siromi Turaga confirmed that Speight had made an application and the consideration process was underway.</p>
<p>According to the 2013 Constitution, on the petition of any convicted person, the commission may recommend that the President exercise a power of mercy by granting a free or conditional pardon to a person convicted of an offence; remitting all or a part of a punishment.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Fiji+coups"><strong>READ MORE:</strong> Other Fiji coup reports</a></li>
</ul>
<p>The commission may dismiss a petition that it reasonably considers to be frivolous, vexatious or entirely without merit, but otherwise</p>
<ul>
<li>must consider a report on the case prepared by the judge who presided at the trial; or the Chief Justice, if a report cannot be obtained from the presiding judge;</li>
<li>must consider any other information derived from the record of the case or elsewhere that is available to the Commission; and</li>
<li>may consider the views of the victims of the offence.</li>
</ul>
<p>The Constitution states that the President must act in accordance with the recommendations of the commission.</p>
<p>Fijivillage News has received information that the process has gone through the Fiji Corrections Service, the case management process for George Speight has been done through the judiciary, the commission has had its meeting and a decision is expected from President Ratu Wiliame Katonivere.</p>
<p><strong>Next batch release?</strong><br />
Based on the processes followed under the Constitution, Speight could be released in the next batch of people to be given mercy by the President.</p>
<p>Speight was arrested and taken into custody on 26 July 2000.</p>
<p>In February 2002, he was convicted of treason and sentenced to death &#8212; the sentence was later commuted to life in prison by the President.</p>
<p>George Speight led a small group of armed men to the Parliament complex in Veiuto on the morning of 19 May 2000, and seized then Prime Minister Mahendra Chaudhry and his government hostage.</p>
<p>The hostage crisis lasted for 56 days.</p>
<p>In 2020, the then Leader of Opposition, Ratu Naiqama Lalabalavu urged the President and the then government to also consider the release of prisoners like 2000 coup leader George Speight and Naitasiri high chief, Ratu Inoke Takiveikata.</p>
<p>When questioned by Fijivillage News, Ratu Naiqama said there were more than 3000 people that were charged and incarcerated in relation to the events of 2000, and all including George Speight should be released.</p>
<p>While speaking in Parliament at the time, Ratu Naiqama said this was not to create another coup but to take a step forward.</p>
<p><em>Vijay Narayan is news director of Fijivillage News. Republished with permission.</em></p>
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		<title>The Voice isn’t apartheid or a veto over Parliament – this misinformation is undermining democratic debate</title>
		<link>https://asiapacificreport.nz/2023/05/23/the-voice-isnt-apartheid-or-a-veto-over-parliament-this-misinformation-is-undermining-democratic-debate/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Mon, 22 May 2023 19:10:13 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=88769</guid>

					<description><![CDATA[ANALYSIS: By Dominic O&#8217;Sullivan, Charles Sturt University Many different arguments for and against the Voice to Parliament have been heard in the lead-up to this year’s referendum in Australia. This has included some media and politicians drawing comparisons between the Voice and South Africa’s apartheid regime. Cory Bernardi, a Sky News commentator, argued, for instance, ]]></description>
										<content:encoded><![CDATA[<p><strong>ANALYSIS:</strong> <em>By <a href="https://theconversation.com/profiles/dominic-osullivan-12535">Dominic O&#8217;Sullivan</a>, <a href="https://theconversation.com/institutions/charles-sturt-university-849">Charles Sturt University</a></em></p>
<p>Many different arguments for and against the Voice to Parliament have been heard in the lead-up to this year’s referendum in Australia. This has included some <a href="https://www.youtube.com/watch?v=4a5MgbXj9kI">media</a> and <a href="https://www.skynews.com.au/australia-news/voice-to-parliament/pauline-hanson-claims-indigenous-voice-is-australias-version-of-apartheid-in-speech-aimed-at-lidia-thorpe-and-albanese/news-story/2d988413c54d81ba0cb9c55f19d9cffa">politicians</a> drawing comparisons between the Voice and <a href="https://au.int/en/auhrm-project-focus-area-apartheid">South Africa’s apartheid regime</a>.</p>
<p>Cory Bernardi, a Sky News commentator, <a href="https://www.theguardian.com/australia-news/2023/may/02/liberals-accused-of-flirting-with-far-right-fringe-after-sky-news-show-where-indigenous-voice-compared-to-apartheid">argued</a>, for instance, that by implementing the Voice, “we’re effectively announcing an apartheid-type state, where some citizens have more legal rights or more rights in general than others”.</p>
<p>As legal scholar Bede Harris has <a href="https://news.csu.edu.au/opinion/the-voice-to-parliament,-apartheid-and-cory-bernardi">pointed out</a>, it’s quite clear Bernardi doesn’t understand apartheid. He said,</p>
<blockquote><p>How the Voice could be described as creating such a system is unfathomable.</p></blockquote>
<ul>
<li><a href="https://asiapacificreport.nz/2023/05/02/australians-should-be-wary-of-scare-stories-about-new-zealands-waitangi-tribunal/"><strong>READ MORE: </strong>Australians should be wary of scare stories comparing the Voice with New Zealand’s Waitangi Tribunal</a></li>
<li><a href="https://theconversation.com/sam-frost-knows-nothing-about-segregation-white-settlers-co-opting-terms-used-to-oppress-169613">Sam Frost knows nothing about segregation: white settlers co-opting terms used to oppress</a></li>
</ul>
<p><strong>Comparisons to apartheid</strong><br />
Apartheid was a system of racial segregation implemented by the South African government to control and restrict the lives of the non-white populations, and to stop them from voting.</p>
<p>During apartheid, non-white people could not freely visit the same beaches, live in the same neighbourhoods, attend the same schools or queue in the same lines as white people. My wife recalls her white parents being questioned by police after visiting the home of a Black colleague.</p>
<p>The proposed Voice will ensure First Nations peoples have their views heard by Parliament.</p>
<p>It won’t have the power to stop people swimming at the same beaches or living, studying or shopping together. It won’t stop interracial marriages as the apartheid regime did. It doesn’t give anybody extra political rights.</p>
<p>It simply provides First Nations people, who have previously had no say in developing the country’s system of government, with an opportunity to participate in a way that many say is meaningful and respectful.</p>
<p>Apartheid and the Voice are polar opposites. The Voice is a path towards democratic participation, while apartheid eliminated any opportunity for this.</p>
<p>Evoking emotional responses, like Bernardi attempted to do, can <a href="https://www.pnas.org/doi/10.1073/pnas.1618923114">inspire people</a> to quickly align with a political cause that moderation and reason might not encourage. This means opinions may be formed from <a href="https://royalsocietypublishing.org/doi/full/10.1098/rsos.180593">limited understanding</a> and misinformation.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en"><img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f5e3.png" alt="🗣" class="wp-smiley" style="height: 1em; max-height: 1em;" /> “Whether you vote yes or no in the coming referendum, your choice deserves respect.” <a href="https://twitter.com/hashtag/CharlesSturtUni?src=hash&amp;ref_src=twsrc%5Etfw">#CharlesSturtUni</a> constitutional law expert has challenged claims made by a SKY TV host likening the proposed Voice to Parliament to an apartheid-type state.<a href="https://t.co/EePzMcIksO">https://t.co/EePzMcIksO</a></p>
<p>— Charles Sturt University (@CharlesSturtUni) <a href="https://twitter.com/CharlesSturtUni/status/1655769572287430656?ref_src=twsrc%5Etfw">May 9, 2023</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p><strong>Misinformation doesn’t stop at apartheid comparisons<br />
</strong>The Institute of Public Affairs, a conservative lobby group, has published a “research” paper claiming the Voice would be like New Zealand’s Waitangi Tribunal and be able to veto decisions of the Parliament.</p>
<p>The <a href="https://www.aap.com.au/factcheck/voice-comparisons-with-nz-tribunal-are-just-wrong/">truth</a> is the tribunal is not a “Maori Voice to Parliament”. It can’t <a href="https://www.abc.net.au/news/2023-04-14/fact-check-checkmate-maori-voice-waitangi-tribunal/102217998">veto</a> Parliament.</p>
<p>The Waitangi Tribunal is a permanent commission of inquiry. It is chaired by a judge and has Māori and non-Māori membership. Its job is to investigate alleged breaches of the Treaty of Waitangi.</p>
<p>The tribunal’s task is an independent search for truth. When it upholds a claim, its recommended remedies become the subject of political negotiation between government and claimants.</p>
<p>The Voice in Australia would make representations to Parliament. This is also not a veto. A veto is to stop Parliament making a law.</p>
<p><strong>We need to raise the quality of debate<br />
</strong>Unlike the apartheid and Waitangi arguments, many <a href="https://theconversation.com/for-a-lot-of-first-nations-peoples-debates-around-the-voice-to-parliament-are-not-about-a-simple-yes-or-no-199766">objections</a> to the Voice are grounded in fact.</p>
<p>Making representations to Parliament and the government is a standard and necessary democratic practice. There are already many ways of doing this, but in the judgment of the First Nations’ people who developed the Voice proposal, a constitutionally enshrined Voice would be a better way of making these representations.</p>
<p>Many people disagree with this judgment. The <a href="https://nationals.org.au/the-nationals-oppose-a-voice-to-parliament/">National Party</a> argues a Voice won’t actually improve people’s lives.</p>
<p>Independent Senator Lidia Thorpe says she speaks for a Black Sovereignty movement when she advocates for a treaty to <a href="https://www.abc.net.au/news/2023-01-31/lidia-thorpe-wants-treaty-and-seats-not-voice-qa/101909286">come first</a>. The argument is that without a treaty, the system of government isn’t morally legitimate.</p>
<p>Other people support the Voice in principle but think it will have <a href="https://independentaustralia.net/politics/politics-display/voice-to-parliament-yes-vote-has-many-enemies,17190">too much</a> power; <a href="https://theconversation.com/what-australia-could-learn-from-new-zealand-about-indigenous-representation-201761">others</a> think it won’t have enough.</p>
<p>Thinking about honest differences of opinion helps us to understand and critique a proposal for what it is, rather than what it is not. Our vote then stands a better chance of reflecting what we really think.</p>
<p>Lies can mask people’s real reasons for holding a particular point of view. When people’s true reasons can’t be scrutinised and tested, it prevents an honest exchange of ideas.</p>
<p>Collective wisdom can’t emerge, and the final decision doesn’t demonstrate each voter’s full reflection on other perspectives.</p>
<p>Altering the Constitution is very serious, and deliberately difficult to do. Whatever the referendum’s outcome, confidence in our collective judgment is more likely when truth and reason inform our debate.</p>
<p>In my recently published book, <a href="https://link.springer.com/book/10.1007/978-981-99-0581-2"><em>Indigeneity, Culture and the UN Sustainable Development Goals</em></a>, I argue the Voice could contribute to a more just and democratic system of government through ensuring decision-making is informed by what First Nations’ people want and why.</p>
<p>Informed, also, by deep knowledge of what works and why.</p>
<p>People may agree or disagree. But one thing is clear: deliberate misinformation doesn’t make a counter argument. It diminishes democracy.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img loading="lazy" decoding="async" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/205474/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p>
<p><em>Dr <a href="https://theconversation.com/profiles/dominic-osullivan-12535">Dominic O&#8217;Sullivan</a>,  adjunct professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and professor of political science, <a href="https://theconversation.com/institutions/charles-sturt-university-849">Charles Sturt University. </a> This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons licence. Read the <a href="https://theconversation.com/the-voice-isnt-apartheid-or-a-veto-over-parliament-this-misinformation-is-undermining-democratic-debate-205474">original article</a>.</em></p>
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		<title>UPNG student protesters call for &#8216;transparency&#8217; over US defence pact</title>
		<link>https://asiapacificreport.nz/2023/05/22/upng-student-protesters-call-for-transparency-over-us-defence-pact/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Mon, 22 May 2023 07:49:24 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=88714</guid>

					<description><![CDATA[By Stella Martin and Rose Amos in Port Moresby Thousands of students at the University of Papua New Guinea staged a protest at the Waigani campus Forum Square today against the US-PNG Defence Cooperation Agreement that is scheduled for signing this afternoon. US Secretary of State Antony Blinken is already in the country to sign ]]></description>
										<content:encoded><![CDATA[<p><em>By Stella Martin and Rose Amos in Port Moresby</em></p>
<p>Thousands of students at the University of Papua New Guinea staged a protest at the Waigani campus Forum Square today against the US-PNG Defence Cooperation Agreement that is scheduled for signing this afternoon.</p>
<p>US Secretary of State Antony Blinken is already in the country to sign the defence pact and also the Ship Rider Agreement with PNG.</p>
<p>The students claimed that the agreements between PNG and the United States concerned national security and their content must be made known for public scrutiny and transparency before signing takes place.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2023/05/22/there-must-be-clarity-png-students-protest-over-us-defence-deal/"><strong>READ MORE: </strong> ‘There must be clarity’ – PNG students protest over US defence deal</a></li>
<li><a href="https://asiapacificreport.nz/2023/05/22/security-pact-png-expects-more-us-military-boots-on-ground/">Security pact: PNG expects more US military boots on ground</a></li>
<li><a href="https://asiapacificreport.nz/2023/05/22/opm-calls-on-global-trade-unions-to-blacklist-indonesian-goods-services/">Pacific leaders arrive in Port Moresby ahead of Modi and Blinken PNG visit</a></li>
<li><a href="https://asiapacificreport.nz/2023/05/22/opm-calls-on-global-trade-unions-to-blacklist-indonesian-goods-services/">OPM calls on global trade unions to blacklist Indonesian goods, services</a></li>
<li><a href="https://asiapacificreport.nz/?s=US+defence+pact+">Other US defence pact reports</a></li>
</ul>
<p>However, Prime Minister James Marape had earlier insisted that the agreements to be signed were transparent.</p>
<p>Marape added that not all agreements signed should be presented to Parliament earlier.</p>
<p>He said the country&#8217;s State Solicitor, who represents PNG&#8217;s legal checks and balances, had been involved &#8220;every step of the way&#8221; and had given clearance over the laws of this country.</p>
<p>Marape said that as soon as it is stable for transparency the country would be privy to those agreements and they would be tabled in Parliament.</p>
<p><strong>&#8216;Almost there for signing&#8217;</strong><br />
&#8220;I just wish to assure everyone, that Parliament will be privy to what we are about to sign and at the moment our Foreign Affairs team has been leading the negotiations. We are at the stage where we are almost there for signing,&#8221; he said.</p>
<p><iframe loading="lazy" style="border: none; overflow: hidden;" src="https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2FNBCNewsPNG%2Fposts%2Fpfbid0QcedzsAg3hFfyJpqa6Uz3YrA1avL9ko9KJZEGy4WMZdwQoPEfQ3K24nGHa3eictyl&amp;show_text=true&amp;width=500" width="500" height="754" frameborder="0" scrolling="no" allowfullscreen="allowfullscreen"></iframe></p>
<p>&#8220;I want to give assurance to our country, it is nothing to be sceptical about,&#8221; said Marape.</p>
<p>Marape further elaborated that similar agreements and cooperation had been reached with other countries and that PNG could reach out to other bilateral partners with similar agreements as stipulated in the Constitution.</p>
<p>Also, the country&#8217;s foreign policy was: &#8220;Friends to all and enemies to none&#8221;.</p>
<p>The US and PNG already had a Status of Forces Agreement, or SOFA.</p>
<p>A SOFA is an agreement between a host country and a foreign nation stationing military forces in that country.</p>
<p>SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement.</p>
<p><strong>Corporations allowed</strong><br />
Marape briefly stated that the SOFA agreement did allow US defence corporations and others to be involved in PNG.</p>
<p>PNG was just elevating this specific one with the USA.</p>
<p>Deputy Prime Minister John Rosso also clarified that once the agreement was agreed by the National Executive Council (NEC) and signed off by the Prime Minister and Defence Minister it would be brought before Parliament and debated before it became law.</p>
<p>On behalf of the government, Finance Minister Rainbo Paita adressed the protesting students at the UPNG Forum Square and received the petition presented by the Student Representative Council president Luther Kising.</p>
<p>Other tertiary institution&#8217;s student bodies, such as the University of Goroka and the University of Technology at Lae, have also protested against the defence cooperation agreement.</p>
<p>Meanwhile, there was a high presence of police reinforcements at the entrance to UPNG preventing the protest from escalating further.</p>
<p><em>Stella Martin and Rose Amos</em> <em>are NBC reporters. Republished with permission.</em></p>
<figure id="attachment_88721" aria-describedby="caption-attachment-88721" style="width: 680px" class="wp-caption alignnone"><img loading="lazy" decoding="async" class="wp-image-88721 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2023/05/UPNG-protesters-NBC-680wide.png" alt="UPNG protesters at the Forum Square today" width="680" height="419" srcset="https://asiapacificreport.nz/wp-content/uploads/2023/05/UPNG-protesters-NBC-680wide.png 680w, https://asiapacificreport.nz/wp-content/uploads/2023/05/UPNG-protesters-NBC-680wide-300x185.png 300w, https://asiapacificreport.nz/wp-content/uploads/2023/05/UPNG-protesters-NBC-680wide-356x220.png 356w" sizes="auto, (max-width: 680px) 100vw, 680px" /><figcaption id="caption-attachment-88721" class="wp-caption-text">UPNG protesters at the Forum Square today. Image: NBC News</figcaption></figure>
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		<title>PNG’s proposed policy could lead to government control of the press</title>
		<link>https://asiapacificreport.nz/2023/02/27/pngs-proposed-policy-could-lead-to-government-control-of-the-press/</link>
		
		<dc:creator><![CDATA[Pacific Media Watch]]></dc:creator>
		<pubDate>Mon, 27 Feb 2023 00:21:13 +0000</pubDate>
				<category><![CDATA[Democracy]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Human Rights]]></category>
		<category><![CDATA[Media]]></category>
		<category><![CDATA[Pacific Media Watch]]></category>
		<category><![CDATA[Pacific Report]]></category>
		<category><![CDATA[Papua New Guinea]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Syndicate]]></category>
		<category><![CDATA[Community Coalition Against Corruption]]></category>
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		<category><![CDATA[Global Voices]]></category>
		<category><![CDATA[Media Freedom]]></category>
		<category><![CDATA[PNG media]]></category>
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		<category><![CDATA[PNG media policy]]></category>
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		<category><![CDATA[Scott Waide]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=85392</guid>

					<description><![CDATA[ANALYSIS: By Mong Palatino Various stakeholders have warned that the draft National Media Development Policy released by Papua New Guinea’s Department of Information and Communications Technology (DICT) on February 5 could undermine media freedom if approved by the government. The DICT asked stakeholders to share their input within 12 days, but this was extended for ]]></description>
										<content:encoded><![CDATA[<p><strong>ANALYSIS:</strong> <em>By Mong Palatino</em></p>
<p>Various stakeholders <a href="https://asiapacificreport.nz/2023/02/17/ngo-group-criticises-haste-over-media-policy-that-may-hit-png-freedom/">have warned</a> that the draft <a href="https://www.ict.gov.pg/">National Media Development Policy</a> released by Papua New Guinea’s Department of Information and Communications Technology (DICT) on February 5 could undermine media freedom if approved by the government.</p>
<p>The DICT asked stakeholders to share their input within 12 days, but this was <a href="https://postcourier.com.pg/masiu-extends-media-policy-consultation-period-extended/">extended for another week</a> after Papua New Guinea&#8217;s <a href="https://transparencypng.org.pg/media-too-important-to-rush-through-policy-consultation/">Community Coalition Against Corruption (CCAC)</a> criticised the short period for the consultation process.</p>
<p>The <a href="https://www.ict.gov.pg/">draft policy lays the framework</a> “for the use of media as a tool for development.” The state emphasised that “it includes provisions for the regulation of media, ensuring press freedom and the protection of journalists, and promoting media literacy among the population.”</p>
<ul>
<li><a href="https://asiapacificreport.nz/2023/02/20/apmn-calls-for-urgent-rethink-over-png-draft-media-regulation-plan/"><strong>READ MORE:</strong> APMN calls for ‘urgent rethink’ over PNG draft media regulation plan</a></li>
<li><a href="https://asiapacificreport.nz/?s=PNG+media+policy">Other PNG media policy reports</a></li>
</ul>
<p>A controversial proposal in the draft is to transform the PNG Media Council into a body “that will have legal mandate that covers an effective and enforceable regulatory framework.”</p>
<p>According to the draft policy, the new PNG Media Council “will ensure press freedom, protect journalists, and promote ethical standards in the media sector”.</p>
<p>At present, the council is a nonprofit group promoting media freedom and the welfare of journalists. The draft recognises that “its primary role has been to promote ethical journalism and to support journalists in the pursuit of their professional duties.</p>
<figure id="attachment_84978" aria-describedby="caption-attachment-84978" style="width: 680px" class="wp-caption alignnone"><img loading="lazy" decoding="async" class="wp-image-84978 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2023/02/PNG-Media-Council-DevBlog-680wide.png" alt="The Media Council of PNG working with Transparency International PNG in 2021." width="680" height="506" srcset="https://asiapacificreport.nz/wp-content/uploads/2023/02/PNG-Media-Council-DevBlog-680wide.png 680w, https://asiapacificreport.nz/wp-content/uploads/2023/02/PNG-Media-Council-DevBlog-680wide-300x223.png 300w, https://asiapacificreport.nz/wp-content/uploads/2023/02/PNG-Media-Council-DevBlog-680wide-80x60.png 80w, https://asiapacificreport.nz/wp-content/uploads/2023/02/PNG-Media-Council-DevBlog-680wide-265x198.png 265w, https://asiapacificreport.nz/wp-content/uploads/2023/02/PNG-Media-Council-DevBlog-680wide-564x420.png 564w" sizes="auto, (max-width: 680px) 100vw, 680px" /><figcaption id="caption-attachment-84978" class="wp-caption-text">The Media Council of PNG working with Transparency International PNG in 2021 . . . community collaboration. Image: TI-PNG/FB</figcaption></figure>
<p>Journalist <a href="https://devpolicy.org/new-png-media-policy-will-lead-to-government-control-of-media-20230220/">Scott Waide underscored</a> that “over three decades, its role has shifted to being a representative body for media professionals and a voice for media freedom.” He pointed out the implications of re-establishing the council with a broad mandate as defined in the draft policy, suggesting that the government hopes to gain control over the media sphere:</p>
<blockquote><p>The government’s intention to impose greater control over aspects of the media, including the MCPNG [Media Council], is ringing alarm bells through the region. This is to be done by re-establishing the council through the enactment of legislation. The policy envisages the council as a regulatory agency with licensing authority over journalists.</p>
<p>The regulatory framework proposed for the new media council includes licensing for journalists. Licensing is one of the biggest red flags that screams of government control.</p></blockquote>
<p>The draft policy proposes to grant the media council powers to offer licences and accreditation to journalists and media outlets, handle complaints and sanctions, among other powers:</p>
<blockquote><p>Licensing and Accreditation: Requirements for media outlets and journalists to be licensed or accredited, including provisions for renewing licenses and for revoking licenses in cases of violations.</p>
<p>Complaints and Sanctions: Mechanisms for the resolution of complaints against the media, including procedures for investigations and sanctions for breaches of ethical standards.</p></blockquote>
<p>Media Council PNG president Neville Choi, who is also co-chair of CCAC, reminded authorities of <a href="https://transparencypng.org.pg/media-too-important-to-rush-through-policy-consultation/">another way to improve journalism</a> in the country:</p>
<blockquote><p>If the concern is poor journalism, then the solution is more investment in schools of journalism at tertiary institutions, this will also increase diversity and pluralism in the quality of journalism.</p>
<p>We need newsrooms with access to trainings on media ethics and legal protection from harassment.</p></blockquote>
<p>Writer <a href="https://www.facebook.com/story.php?story_fbid=pfbid03bAApZpSmH3r3GVzfhmRuN3DwDcvq8PedBFfbawe5s58ucHqscbTti8YWRff2Myvl&amp;id=100000180878861&amp;mibextid=Nif5oz">Fraser Liu rejected the proposed state regulation</a> and urged authorities to review current legal options that can be used to deal with media reporting that violates the country’s laws.</p>
<blockquote><p>My view is the government should stay away from the fourth estate completely. This is a sinister move with obvious intentions.</p>
<p>Government should not be regulating the media in any form as it infringes on rights to free speech. It can run media organisations to bring its own message out, but it should never exert control over the entire industry.</p>
<p>Media agencies and agents must be left alone to their own ends, being free from cohesion of any sort, and if media reporting does in fact raise any legal issues like defamation, then the courts are the avenue for resolution. There is no shortage in Common law of such case precedent.</p></blockquote>
<p>Transparency International PNG chair <a href="https://transparencypng.org.pg/media-too-important-to-rush-through-policy-consultation/">Peter Aitsi added that disinformation</a> on social media should be addressed without undermining free speech.</p>
<blockquote><p>While the abuse of social media platforms is a new issue that is given as justification for the media policy, there are already existing laws that address the issue without undermining media freedom.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en"><a href="https://twitter.com/hashtag/APMN?src=hash&amp;ref_src=twsrc%5Etfw">#APMN</a> calls for ‘urgent rethink’ over <a href="https://twitter.com/hashtag/PNG?src=hash&amp;ref_src=twsrc%5Etfw">#PNG</a> draft <a href="https://twitter.com/hashtag/media?src=hash&amp;ref_src=twsrc%5Etfw">#media</a> <a href="https://twitter.com/hashtag/regulation?src=hash&amp;ref_src=twsrc%5Etfw">#regulation</a> plan <a href="https://twitter.com/hashtag/AsiaPacificReport?src=hash&amp;ref_src=twsrc%5Etfw">#AsiaPacificReport</a> <a href="https://twitter.com/hashtag/pngmediapolicy?src=hash&amp;ref_src=twsrc%5Etfw">#pngmediapolicy</a> <a href="https://twitter.com/hashtag/mediafreedom?src=hash&amp;ref_src=twsrc%5Etfw">#mediafreedom</a> <a href="https://twitter.com/hashtag/pressfreedom?src=hash&amp;ref_src=twsrc%5Etfw">#pressfreedom</a> <a href="https://twitter.com/hashtag/mediaregulation?src=hash&amp;ref_src=twsrc%5Etfw">#mediaregulation</a> <a href="https://twitter.com/Scott_Waide?ref_src=twsrc%5Etfw">@Scott_Waide</a> <a href="https://twitter.com/kenneth_gorethy?ref_src=twsrc%5Etfw">@kenneth_gorethy</a> <a href="https://twitter.com/PeterCronau?ref_src=twsrc%5Etfw">@PeterCronau</a> <a href="https://twitter.com/PNGAttitude?ref_src=twsrc%5Etfw">@PNGAttitude</a> <a href="https://twitter.com/PngPles?ref_src=twsrc%5Etfw">@PngPles</a> <a href="https://t.co/rPdY3iuQ7e">https://t.co/rPdY3iuQ7e</a> <a href="https://t.co/luETmgbwfU">pic.twitter.com/luETmgbwfU</a></p>
<p>— David Robie (@DavidRobie) <a href="https://twitter.com/DavidRobie/status/1627533564333129728?ref_src=twsrc%5Etfw">February 20, 2023</a></p></blockquote>
</blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>News about the draft policy also alarmed media groups in the region. The New Zealand-based <a href="https://asiapacificreport.nz/2023/02/20/apmn-calls-for-urgent-rethink-over-png-draft-media-regulation-plan/">Asia Pacific Media Network Inc. said</a> that “media must be free to speak truth to power in the public interest not the politicians’ interest.” Adding:</p>
<blockquote><p>In our view, the ministry is misguided in seeking to legislate for a codified PNG Media Council which flies in the face of global norms for self-regulatory media councils and this development would have the potential to dangerously undermine media freedom in Papua New Guinea.</p></blockquote>
<p>Australia’s media union also tweeted their concern:</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en"><a href="https://twitter.com/hashtag/MEAAmedia?src=hash&amp;ref_src=twsrc%5Etfw">#MEAAmedia</a> backs Media Council of Papua New Guinea’s (MCPNG) concerns and call for meaningful consultation over government’s proposed National Media Development Policy.<a href="https://twitter.com/hashtag/mediafreedom?src=hash&amp;ref_src=twsrc%5Etfw">#mediafreedom</a><a href="https://twitter.com/hashtag/mediadiversity?src=hash&amp;ref_src=twsrc%5Etfw">#mediadiversity</a><a href="https://twitter.com/hashtag/righttoknow?src=hash&amp;ref_src=twsrc%5Etfw">#righttoknow</a><a href="https://twitter.com/TI_PNG?ref_src=twsrc%5Etfw">@TI_PNG</a> <a href="https://t.co/GiAnH9hyYi">pic.twitter.com/GiAnH9hyYi</a></p>
<p>— MEAA (@withMEAA) <a href="https://twitter.com/withMEAA/status/1626418055000760320?ref_src=twsrc%5Etfw">February 17, 2023</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>The <a href="https://www.ifj.org/media-centre/news/detail/category/press-releases/article/papua-new-guinea-concerns-raised-at-swift-review-period-for-media-policy.html">International Federation of Journalists</a> and <a href="https://rsf.org/en/papua-new-guinea-s-government-must-withdraw-media-control-project">Reporters Without Borders</a> asked the government to withdraw regulations that restrict independent journalism. Susan Merrell, a lecturer at Sydney University on cultural studies and communication, commented that “instead of the media being the government’s watchdog, the government is trying to become the media’s watchdog.”</p>
<figure id="attachment_85400" aria-describedby="caption-attachment-85400" style="width: 680px" class="wp-caption alignnone"><img loading="lazy" decoding="async" class="wp-image-85400 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2023/02/RSF-on-PNG-draft-policy-250223.png" alt="Reporters Without Borders on PNG media" width="680" height="551" srcset="https://asiapacificreport.nz/wp-content/uploads/2023/02/RSF-on-PNG-draft-policy-250223.png 680w, https://asiapacificreport.nz/wp-content/uploads/2023/02/RSF-on-PNG-draft-policy-250223-300x243.png 300w, https://asiapacificreport.nz/wp-content/uploads/2023/02/RSF-on-PNG-draft-policy-250223-518x420.png 518w" sizes="auto, (max-width: 680px) 100vw, 680px" /><figcaption id="caption-attachment-85400" class="wp-caption-text">Reporters Without Borders on PNG . . . &#8220;The policy’s most alarming measures concern the Media Council, which is currently a non-governmental entity representing media professionals.&#8221; Image: RSF screenshot APR</figcaption></figure>
<p>The government insisted that it is committed to upholding media freedom.</p>
<p>Scott Waide sums up the state of media in the country:</p>
<blockquote><p>While the PNG media has been resilient in the face of many challenges, journalists who have chosen to cover issues of national importance have been targeted with pressure coming directly from within government circles.</p></blockquote>
<p><em>Global Voices has previously reported about the <a href="https://globalvoices.org/2022/02/18/pacific-media-groups-rally-behind-suspended-papua-new-guinea-journalist/">suspension of a journalist in Papua New Guinea&#8217;s EMTV news</a>, the new rule prohibiting reporters to directly contact the prime minister, and a <a href="https://globalvoices.org/2022/09/30/papua-new-guineas-new-media-rules-could-undermine-the-work-of-journalists/">stricter regulation for foreign correspondents</a>. <a href="https://globalvoices.org/author/mong/">Mong Palatino</a> is regional editor for Southeast Asia of Global Voices, an activist and former two-term member of the Philippine House of Representatives. Republished under a Creative Commons licence.</em></p>
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		<title>&#8216;Leave media alone &#8211; let them do their job,&#8217; Ipatas tells PNG</title>
		<link>https://asiapacificreport.nz/2023/02/27/leave-media-alone-let-them-do-their-job-ipatas-tells-png/</link>
		
		<dc:creator><![CDATA[Pacific Media Watch]]></dc:creator>
		<pubDate>Sun, 26 Feb 2023 23:00:37 +0000</pubDate>
				<category><![CDATA[Democracy]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=85409</guid>

					<description><![CDATA[By Rebecca Kuku in Port Moresby Enga Governor Sir Peter Ipatas has told the Papua New Guinean government and national leaders to allow the media to carry out its role &#8220;unfettered&#8221; and accept public criticism. “You are in a public office. As leaders, we must be prepared for anything. If they write negative reports, let’s ]]></description>
										<content:encoded><![CDATA[<p><em>By Rebecca Kuku in Port Moresby</em></p>
<p>Enga Governor Sir Peter Ipatas has told the Papua New Guinean government and national leaders to allow the media to carry out its role &#8220;unfettered&#8221; and accept public criticism.</p>
<p>“You are in a public office. As leaders, we must be prepared for anything. If they write negative reports, let’s learn to build on criticisms,” Sir Peter said.</p>
<p>He was responding to a government statement last week saying that a proposed national media development policy circulated to all stakeholders for comment was not meant to control the media or the freedom of expression.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2023/02/27/pngs-proposed-policy-could-lead-to-government-control-of-the-press/"><strong>READ MORE:</strong> PNG’s proposed policy could lead to government control of the press</a></li>
<li><a href="https://asiapacificreport.nz/2023/02/20/apmn-calls-for-urgent-rethink-over-png-draft-media-regulation-plan/">APMN calls for ‘urgent rethink’ over PNG draft media regulation plan</a></li>
<li><a href="https://asiapacificreport.nz/?s=PNG+media+policy">Other PNG media policy reports</a></li>
</ul>
<p>Sir Peter said: “The government needs to understand that the office we hold is a public office, and we are answerable to the people. The media’s job is to hold us accountable.”</p>
<p>He questioned why the government was wasting money and time on a draft media policy when it had bigger issues to worry about.</p>
<p><strong>Detrimental for democracy</strong><br />
Sir Peter warned that the Constitution provided for a free media and any attempt to put restrictions on that crucial role would be detrimental to a democratic society.</p>
<p>“Do not look at today only. Look at the future too because you will not be in office forever,” he said.</p>
<p>“There are also avenues provided for in the Constitution to address issues.</p>
<p>“If you have an issue with a news report, take it to court and get it sorted out there.</p>
<p>“I’ve been a politician for over 20 years. I don’t care what the media reports &#8212; positive news or negative news so long as it’s not [lies],” he said.</p>
<p>“It is the media’s job to report facts as it is. Let the media do its job and let’s do our job.”</p>
<p><em>Rebecca Kuku</em> <em>is a reporter with The National. Republished with permission.</em></p>
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		<title>Fiji military chief&#8217;s sharp criticism of &#8216;ambition, speed&#8217; of changes sparks anxiety</title>
		<link>https://asiapacificreport.nz/2023/01/17/fiji-military-chiefs-sharp-criticism-of-ambition-speed-of-changes-sparks-anxiety/</link>
		
		<dc:creator><![CDATA[Pacific Media Watch]]></dc:creator>
		<pubDate>Tue, 17 Jan 2023 09:45:07 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=83002</guid>

					<description><![CDATA[Pacific Media Watch Fiji&#8217;s military commander stirred a wave of anxiety today with an extraordinary statement claiming concern over the &#8220;ambition and speed&#8221; of political changes since last month&#8217;s election that could have &#8220;fateful&#8221; security consequences. Major-General Ro Jone Kalouniwai, commander of the Republic of Fiji Military Forces (RFMF), said in the statement that the ]]></description>
										<content:encoded><![CDATA[<p><a href="https://asiapacificreport.nz/category/pacific-media-watch/"><em>Pacific Media Watch </em></a></p>
<p>Fiji&#8217;s military commander stirred a wave of anxiety today with an extraordinary statement claiming concern over the &#8220;ambition and speed&#8221; of political changes since last month&#8217;s election that could have &#8220;fateful&#8221; security consequences.</p>
<p>Major-General Ro Jone Kalouniwai, commander of the <a href="https://en.wikipedia.org/wiki/Republic_of_Fiji_Military_Forces">Republic of Fiji Military Forces (RFMF)</a>, said in the statement that the military played a &#8220;guardian role&#8221; under the Constitution and &#8220;new assaults&#8221; on Fiji&#8217;s democracy would &#8220;not be tolerated&#8221;.</p>
<p>But he was summoned by Home Affairs Minister Pio Tikoduadua for a meeting this afternoon and Major-General Kalouniwai denied to news media that the military planned any takeover.</p>
<ul>
<li><a href="https://www.abc.net.au/news/2023-01-17/fijian-military-criticises-government-changes-in-statement/101864236"><strong>READ MORE: </strong>Fiji&#8217;s government summons top military commander</a></li>
<li><a href="https://asiapacificreport.nz/?s=Fiji+politics">Other Fiji politics reports</a></li>
</ul>
<p>Fiji has had four coups in less than four decades, carried out by either the military or rogue soldiers.</p>
<p>Prime Minister Sitiveni Rabuka staged the first two coups in 1987, but he was the elected prime minister 1992-99, while businessman George Speight supported by rogue troops carried out the third in 2000, and then military commander Voreqe Bainimarama seized power in 2006 with a <a href="https://library.oapen.org/handle/20.500.12657/33828">&#8220;coup to end all coups&#8221;</a>.</p>
<p>Bainimarama has held power for the past 16 years, half of them as the elected leader, but narrowly lost his FijiFirst party majority in last month&#8217;s election.</p>
<p>All four coups have been marked by allegations of ethnic tension between indigenous iTaukei Fijians and Indo-Fijians.</p>
<p><strong>RFMF &#8216;backs democracy&#8217;</strong><br />
However, in an exclusive interview this afternoon with <a href="https://www.fijivillage.com/news/All-the-govts-actions-have-been-guided-by-the-law--Tikoduadua--48r5xf/">Fijivillage News</a>, Major-General Kalouniwai stressed that the RFMF would continue to stand for democracy, the rule of law and honour, and the government.</p>
<figure id="attachment_82370" aria-describedby="caption-attachment-82370" style="width: 300px" class="wp-caption alignright"><img loading="lazy" decoding="async" class="wp-image-82370 size-medium" src="https://asiapacificreport.nz/wp-content/uploads/2022/12/Pio-Tikoduadua-FijiOne-680wide-300x219.png" alt="Fiji Home Affairs Minister Pio Tikoduadua" width="300" height="219" srcset="https://asiapacificreport.nz/wp-content/uploads/2022/12/Pio-Tikoduadua-FijiOne-680wide-300x219.png 300w, https://asiapacificreport.nz/wp-content/uploads/2022/12/Pio-Tikoduadua-FijiOne-680wide-324x235.png 324w, https://asiapacificreport.nz/wp-content/uploads/2022/12/Pio-Tikoduadua-FijiOne-680wide-576x420.png 576w, https://asiapacificreport.nz/wp-content/uploads/2022/12/Pio-Tikoduadua-FijiOne-680wide.png 680w" sizes="auto, (max-width: 300px) 100vw, 300px" /><figcaption id="caption-attachment-82370" class="wp-caption-text">Fiji Home Affairs Minister Pio Tikoduadua . . . reassured the military commander that the coalition government was following the law and the Constitution. Image: FijiOne News</figcaption></figure>
<p>Home Affairs Minister Tikoduadua said after their meeting he had assured the commander that all the actions of the new People&#8217;s Alliance-led coalition government had been guided by the law.</p>
<p>The minister also claimed that the commander’s statement had been &#8220;sensationalised&#8221; by media and he was concerned that state-run FBC News was &#8220;inciting and misrepresenting&#8221; what Major-General Kalouniwai had said.</p>
<p>Tikoduadua said the news had been &#8220;corrected&#8221; by the commander.</p>
<p>Major-General Kalouniwai&#8217;s statement and reaction have been widely carried by news media in Fiji.</p>
<p>According to <a href="https://www.fijitimes.com/rfmf-concerned-about-changes-undertaken-by-government/"><em>The Fiji Times</em></a>, Major-General Kalouniwai had raised concern in his statement over some of the rapid changes the government had undertaken in “just 16 days in office”.</p>
<p>He said that section 131 of the Constitution stipulated “the RFMF plays a guardian role where the excesses of the past are not repeated and any new assaults on Fiji’s emerging democracy are not tolerated&#8221;.</p>
<p><strong>&#8216;Creating shortcuts&#8217;</strong><br />
Major-General Kalouniwai said: “The RFMF has quietly observed with growing concern over the last few days, the ambition and speed of the government in implementing these sweeping changes are creating shortcuts that circumvent the relevant processes and procedures that protect the integrity of the law and the Constitution.</p>
<p>“Whilst the RFMF recognises the justifications by the current government to establish these changes, the RFMF believes that trying and failing to democratise in adverse circumstances has the potential to bring about fateful, long-term national security consequences.</p>
<p>“The RFMF is concerned whether these rapid changes are being pursued without a full understanding of the process and procedures or intentionally done to challenge the integrity of the law and the Constitution of this land.”</p>
<p>Major-General Kalouniwai said the RFMF firmly believed the separation of powers between the executive and the judicial arms of the state must be respected, reports <em>The Fiji Times</em>.</p>
<p>“It must be important to understand and appreciate that a strong rule of law is built on respect for and adherence to a clear separation of powers between the executive, the legislature and the judiciary.</p>
<p>“Whatever the reasons may be, the RFMF feels that such actions and decisions is putting at risk the very nature of the law and the separation of powers that clearly demarcate the independence of the three arms of government.”</p>
<p>Major-General Kalouniwai said section 131 of the Constitution also ensured the values and principles of democracy, including the checks and balances enshrined in the Constitution, were not undermined.</p>
<p><strong>&#8216;No takeover plan&#8217;</strong><br />
<a href="https://www.fbcnews.com.fj/news/no-threat-of-takeover-kalouniwai/">FBC News reports</a> that Major-General Kalouniwai said he did &#8220;not plan to take over the government&#8221;.</p>
<p>The commander said he would not make any further comments about his earlier statement and Minister Tikoduadua would brief Fijians about their meeting this afternoon.</p>
<p>Major-General Kalouniwai told <a href="https://www.fijivillage.com/news/All-the-govts-actions-have-been-guided-by-the-law--Tikoduadua--48r5xf/">Fijivillage News</a> that RFMF had spoken in defence of democracy and the rule of law before, during and after the 2022 general elections.</p>
<p>The commander said that today&#8217;s statement focused on ensuring that the government followed proper procedures and processes when making changes.</p>
<p>He said the &#8220;rule of law must be paramount&#8221;.</p>
<p>Home Affairs Minister Pio Tikoduadua, who is also Minister of Defence, said he had assured Major-General Kalouniwai that all the government’s actions had been guided by the law, <a href="https://www.fijivillage.com/news/All-the-govts-actions-have-been-guided-by-the-law--Tikoduadua--48r5xf/">reports Fijivillage News</a>.</p>
<p>He added that he had had a &#8220;cordial meeting&#8221; with the commander, who had assured him that he would no longer be making any public statement such as the one earlier today.</p>
<p>Tikoduadua said he had discussed two main issues with the commander &#8212; concerns over the government plan for sacked Fiji Airways and Air Terminal Services <a href="https://www.fijivillage.com/news/Govt-has-requested-all-Fiji-Airways-and-ATS-sacked-staff-to-come-back---Gavoka-x48fr5/">staff to be rehired</a>, and over the <a href="https://www.rnz.co.nz/international/pacific-news/482375/fiji-government-recalling-all-ambassadors-and-global-staff">future of Fiji diplomats</a> abroad.</p>
<p>In May 2020, 758 Fiji Airways and 258 ATS staff lost their jobs due to covid-19.</p>
<p>Tikoduadua said the major-general had pledged support for the government.</p>
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		<title>Fiji&#8217;s PM Rabuka hits back: &#8216;We&#8217;ve every right to appoint and disappoint&#8217;</title>
		<link>https://asiapacificreport.nz/2023/01/03/fijis-pm-rabuka-hits-back-weve-every-right-to-appoint-and-disappoint/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Mon, 02 Jan 2023 23:19:53 +0000</pubDate>
				<category><![CDATA[Democracy]]></category>
		<category><![CDATA[Elections]]></category>
		<category><![CDATA[Featured]]></category>
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		<category><![CDATA[Constitution]]></category>
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		<category><![CDATA[Fiji government]]></category>
		<category><![CDATA[Sitiveni Rabuka]]></category>
		<category><![CDATA[Voreqe Bainimarama]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=82505</guid>

					<description><![CDATA[By Serafina Silaitoga in Suva Fiji&#8217;s coalition government has every right to &#8220;appoint and disappoint&#8221; under the 2013 Constitution, says Prime Minister Sitiveni Rabuka. While responding to opposition Leader and former prime minister Voreqe Bainimarama’s call to the coalition government to follow the 2013 Constitution in dealing with the employment of permanent secretaries, Rabuka said ]]></description>
										<content:encoded><![CDATA[<p><em>By Serafina Silaitoga in Suva</em></p>
<p>Fiji&#8217;s coalition government has every right to &#8220;appoint and disappoint&#8221; under the 2013 Constitution, says Prime Minister Sitiveni Rabuka.</p>
<p>While responding to opposition Leader and former prime minister Voreqe Bainimarama’s call to the coalition government to follow the 2013 Constitution in dealing with the employment of permanent secretaries, Rabuka said even the Bainimarama administration did not follow proper procedure to establish the same Constitution.</p>
<p>“There is a change in the prime minister and he (Bainimarama) should expect changes,” he said.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2023/01/02/fijis-draconian-media-law-to-be-repealed-for-free-society-says-gavoka/"><strong>READ MORE: </strong> Fiji’s draconian media law to be repealed for ‘free society’, says Gavoka</a></li>
<li><a href="https://ojs.aut.ac.nz/pacific-journalism-review/article/view/986">Behind the Fiji censorship: A comparative media regulatory case study as a prelude to the Easter putsch </a></li>
<li><a href="https://ojs.aut.ac.nz/pacific-journalism-review/article/view/152">The evolution of media laws in Fiji and impacts on journalism and society</a></li>
<li><a href="https://asiapacificreport.nz/?s=Fiji+elections">Other Fiji reports</a></li>
</ul>
<p>“We believe that the 2013 Constitution was not properly promulgated by the people.</p>
<p>“The Constitution allows for review and recommendation for changes so we will be looking at this as well.”</p>
<p>Rabuka said the permanent secretaries were hired by the former government.</p>
<p>“So it will be unfair of us to expect them to perform under us as they were hired by the past government.</p>
<p>“Therefore, we have the right to deal with these issues.”</p>
<p><strong>Bainimarama defends constitution<br />
</strong><a href="https://www.fijitimes.com/follow-the-constitution-opposition-leader-bainimarama-calls-on-pm-and-ministers/"><em>The Fiji Times</em> reported yesterday</a> that Bainimarama had defended the 2013 Constitution in a video that was posted on the party’s Facebook page.</p>
<p>He called on Rabuka and his ministers to follow the 2013 Constitution and the law.</p>
<p>In his video, Bainimarama also called on civil servants, permanent secretaries, all those appointed to various boards, commissions and independent bodies to &#8220;stay strong&#8221; and not to resign.</p>
<p>“You must not resign from your positions even though the new government and their supporters will bully you, intimidate you and even threaten you,” Bainimarama said.</p>
<p>“Please be strong. You have not done anything wrong.</p>
<p>“You have been appointed through due process and because you had the skill sets, know how, knowledge and acumen to contribute to your organisations and to Fiji.</p>
<p>“Do not leave your posts.”</p>
<p><em>Serafina Silaitoga is a Fiji Times reporter. Republished with permission.</em></p>
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		<title>Fiji elections: Alliance leads early vote tally &#8211; Bainimarama heads candidates</title>
		<link>https://asiapacificreport.nz/2022/12/16/fiji-elections-peoples-alliance-lead-vote-tally-bainimarama-heads-candidates/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Fri, 16 Dec 2022 08:17:23 +0000</pubDate>
				<category><![CDATA[Elections]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=81746</guid>

					<description><![CDATA[By Timoci Vula in Suva The People’s Alliance Party took an early lead in the Fiji general election vote tally this evening with a total of 21,810 votes recorded after the completion of counting from 470 of the 2071 polling stations. The governing FijiFirst Party was in second place with 16,515 votes and SODELPA running ]]></description>
										<content:encoded><![CDATA[<p><em>By Timoci Vula in Suva</em></p>
<p>The People’s Alliance Party took an early lead in the Fiji general election vote tally this evening with a total of 21,810 votes recorded after the completion of counting from 470 of the 2071 polling stations.</p>
<p>The governing FijiFirst Party was in second place with 16,515 votes and SODELPA running third with 3684 votes.</p>
<p>The National Federation Party followed with 3256 votes and Unity Fiji in fifth place with 1688 votes.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2022/12/16/fiji-elections-we-have-evidence-peoples-alliance-ahead-says-rabuka/"><strong>READ MORE:</strong> Fiji elections: ‘We have evidence’ People’s Alliance ahead, says Rabuka</a></li>
<li><a href="https://asiapacificreport.nz/2022/12/15/fiji-elections-rabuka-raises-concern-over-results-app-glitch/">Fiji elections: Rabuka raises concern over results app glitch</a></li>
<li><a href="https://asiapacificreport.nz/2022/12/15/provisional-results-in-fiji-election-show-ruling-fijifirst-party-in-the-lead/">Provisional results in Fiji election show ruling FijiFirst party in the lead</a></li>
<li><a href="https://asiapacificreport.nz/?s=Fiji+elections">Other Fiji election reports</a></li>
</ul>
<figure id="attachment_81202" aria-describedby="caption-attachment-81202" style="width: 300px" class="wp-caption alignright"><a href="https://www.facebook.com/Fijianelectionsoffice"><img loading="lazy" decoding="async" class="wp-image-81202 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2022/12/Fiji-elections-logo-300wide.png" alt="FIJI ELECTIONS 2022" width="300" height="109" /></a><figcaption id="caption-attachment-81202" class="wp-caption-text"><a href="https://www.facebook.com/Fijianelectionsoffice"><strong>FIJI ELECTIONS 2022</strong></a></figcaption></figure>
<p>The other results by party as at the 5pm update provided by the Fijian Elections Office are:</p>
<p><strong>Fiji Labour Party</strong> – 1269<br />
<strong>We Unite Fiji Party</strong> – 1179<br />
<strong>All Peoples Party</strong> – 614<br />
<strong>New Generation Party</strong> – 175<br />
<strong>Rajendra Sharma</strong> (Independent) – 26<br />
<strong>Ravinesh Reddy</strong> (Independent) – 21</p>
<p>The top five candidates at that update were:</p>
<p><strong>Josaia Voreqe Bainimarama</strong> – 11,248<br />
<strong>Sitiveni Ligamamada Rabuka</strong> – 6738<br />
<strong>Lynda Diseru Tabuya</strong> – 1397<br />
<strong>Siromi Dokonivalu Turaga</strong> – 1048<br />
<strong>Aiyaz Sayed-Khaiyum</strong> – 927</p>
<p>Counting continues at the National Count Centre and the next update is due to be provided by the Supervisor of Elections at 10pm.</p>
<p><em>Timoci Vula is a Fiji Times reporter. Republished with permission.</em></p>
<p><strong>Fiji&#8217;s military will respect electoral process &#8211; Kalouniwai<br />
</strong><a href="https://www.rnz.co.nz/international/pacific-news/480908/fiji-s-military-will-respect-electoral-process-kalouniwai">RNZ Pacific reports</a> that the Fiji military commander has rejected a request by opposition party leaders to intervene in a dispute over the country&#8217;s election process.</p>
<p>Major-General Jone Kalouniwai said the military (RFMF) as an institution would put its trust in the electoral process.</p>
<p>&#8220;I wish to reassure the people of Fiji that the RFMF will not respond to [PAP leader Sitiveni ] Rabuka&#8217;s insistence or any political party, that we intervene under our responsibilities from Section 131.2 of the 2013 Constitution,&#8221; Kalouniwai said.</p>
<p>&#8220;The constitutional responsibility of the RFMF section 131.2 does not make any reference to intervening or getting involved with the electoral processes or management of voting or counting of votes with the assistance of the military.&#8221;</p>
<p>Kalouniwai explained that using the military in any form during the electoral process was unconstitutional.</p>
<p>The statement came after a group of opposition party leaders called for a halt to vote counting yesterday, demanding an audit of the country&#8217;s electoral system.</p>
<p>It was triggered by an anomaly in provisional results that was displayed on a Fiji Election Office results app on Wednesday night.</p>
<p><span class="caption"><em>This article is republished under a community partnership agreement with RNZ.</em> </span></p>
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		<title>Fijian PM ‘fooling around’ over election date, claims Prasad</title>
		<link>https://asiapacificreport.nz/2022/10/29/fijian-pm-fooling-around-over-election-date-claims-prasad/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Fri, 28 Oct 2022 21:39:57 +0000</pubDate>
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		<category><![CDATA[Voreqe Bainimarama]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=80509</guid>

					<description><![CDATA[By Felix Chaudhary in Suva Opposition National Federation Party (NFP) leader Professor Biman Prasad claims Prime Minister Voreqe Bainimarama is “fooling around” and “pretending” he does not know the general election date while FijiFirst party billboards are being erected across the country. In a statement issued yesterday, Dr Prasad said questions needed to be asked ]]></description>
										<content:encoded><![CDATA[<p><em>By Felix Chaudhary in Suva</em></p>
<p>Opposition National Federation Party (NFP) leader Professor Biman Prasad claims Prime Minister Voreqe Bainimarama is “fooling around” and “pretending” he does not know the general election date while FijiFirst party billboards are being erected across the country.</p>
<p>In a statement issued yesterday, Dr Prasad said questions needed to be asked about who was calling the shots on the date of the upcoming polls.</p>
<p>“Is it Voreqe Bainimarama or his right-hand man Aiyaz Sayed-Khaiyum,” the NFP leader asked.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Fiji+elections"><strong>READ MORE:</strong> Other Fiji elections reports</a></li>
</ul>
<p>He said the question begged an answer “after contradictory statements by the Prime Minister on the election date”.</p>
<p>Dr Prasad said the A-G had said that the elections would be held on a Wednesday.</p>
<p>This meant polling could either be on Wednesday, December 14; Wednesday, December 21; Wednesday, December 28 this year; or Wednesday, January 4; or Wednesday, January 11, 2023.</p>
<p>The NFP leader said the last date for the elections was Monday, January 16, 2023, as Section 59(2) of the 2013 Constitution stipulated that the Writ for Elections must be issued within seven days of the expiry of Parliament.</p>
<p><strong>&#8216;Gigantic&#8217; billboards</strong><br />
He said the term of the current Parliament expires Saturday, November 26, but January 16 was “out of the question since the A-G has stated elections will be held on a Wednesday”.</p>
<p>“Surely, Sections 58(3) and 59(1) of the Constitution, which require the Prime Minister to advise the President to issue the Writ for the Elections, is known to both Bainimarama and Sayed-Khaiyum,” Dr Prasad said.</p>
<p>“So why is the PM fooling around, pretending he doesn’t know the election date, but at the same time gigantic billboards of the FijiFirst party are being erected all over the country in prime locations.</p>
<p>“The PM is fooling no one when he falsely claims not to have any knowledge of the date of the general election.</p>
<p>“He is creating uncertainty and disrupting the plans of the citizens for the holiday season.”</p>
<p>Questions sent yesterday to the PM and the A-G on the comments made by Dr Prasad remained unanswered.</p>
<p><em>Felix Chaudhary</em> <em>is a Fiji Times reporter. Republished with permission.</em></p>
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		<title>Vanuatu&#8217;s chief justice orders change over dissolution of parliament plea</title>
		<link>https://asiapacificreport.nz/2022/08/24/vanuatus-chief-justice-orders-change-over-dissolution-of-parliament-plea/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Wed, 24 Aug 2022 11:24:16 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=78340</guid>

					<description><![CDATA[RNZ Pacific The Chief Justice of Vanuatu has ordered the amendment of a constitutional application against the dissolution of Parliament to exclude the president of the republic from the case. The application, which was heard in the Supreme Court today in Port Vila, was brought by 27 opposition MPs who were signatories to a motion ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>The Chief Justice of Vanuatu has ordered the amendment of a constitutional application against the dissolution of Parliament to exclude the president of the republic from the case.</p>
<p>The application, which was heard in the Supreme Court today in Port Vila, was brought by 27 opposition MPs who were signatories to a motion of no confidence in Prime Minister Bob Loughman earlier this month.</p>
<p>On the motion being tabled in Parliament, the House was dissolved by President Nikenike Vurobaravu at the request of Loughman and his council of ministers.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Vanuatu+political+crisis"><strong>READ MORE:</strong> Other Vanuatu political crisis reports</a></li>
</ul>
<p>Vanuatu lawyer Wilson Thompson is the assistant deputy Private Secretary to Vanuatu&#8217;s Head of State and was in court today for the proceedings. He said the court found the constitutional application too broad in its scope.</p>
<p>&#8220;The Chief Justice, who is the one presiding over the matter, has advised the applicant&#8217;s lawyers to amend the constitutional application and make it as an ordinary civil matter,&#8221; Thompson said.</p>
<p>He said the core difficulty in the original application was that it named the President as first respondent in the case but he could not be challenged because of the powers accorded to him by the Constitution.</p>
<p>&#8220;Because article 28 (3) of the Constitution does provide for the President to dissolve Parliament if he receives a council of ministers&#8217; decision. And that provision does not provide for any other authority, whether from the opposition or whether from the leader of the opposition, for the President to consult before making a dissolution [of Parliament] &#8221;</p>
<div class="photo-captioned photo-captioned-full photo-cntr eight_col ">
<figure style="width: 1050px" class="wp-caption alignnone"><img loading="lazy" decoding="async" src="https://rnz-ressh.cloudinary.com/image/upload/s--B2vyv5Bt--/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050/4LMXWQB_298424446_5408870205846757_6427957546580464645_n_jpg" alt="Vanuatu opposition MPs outside parliament chamber on Tuesday morning " width="1050" height="787" /><figcaption class="wp-caption-text">Vanuatu opposition MPs outside the Parliament chamber on Tuesday morning after a government boycott thwarted their plans to move a motion of no confidence against Prime Minister Bob Loughman. Image: Hilaire Bule/RNZ Pacific</figcaption></figure>
</div>
<p>Thompson said the constitution also did not require the President to base his decision on any specific criteria.</p>
<p>Chief Justice Vincent Lunabek has given until the close of business tomorrow for the application to be amended to exclude the President and until Friday for the Attorney-General to prepare a response.</p>
<p>RNZ Pacific understands the new case is now being built around challenging Loughman and his council of ministers&#8217; decision to request a dissolution of Parliament despite a date having been set by the Speaker of Parliament for the motion of no confidence to be heard.</p>
<p>The entire matter will be back in court on September 2 to see if there is a case to answer.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
<div class="photo-captioned photo-captioned-full photo-cntr eight_col ">
<figure style="width: 1050px" class="wp-caption alignnone"><img loading="lazy" decoding="async" src="https://rnz-ressh.cloudinary.com/image/upload/s--mwKgWTfk--/ar_16:10,c_fill,f_auto,g_auto,q_auto,w_1050/4MJO6A1_image_crop_113187" alt="Vanuatu PM before dissolution Bob Loughman" width="1050" height="988" /><figcaption class="wp-caption-text">Bob Loughman &#8230; his dissolution of Parliament challenged. Image: Vanuatu govt</figcaption></figure>
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		<title>Kramer &#8216;ambushes&#8217; PNG&#8217;s chief ombudsman, challenges integrity</title>
		<link>https://asiapacificreport.nz/2022/08/23/kramer-ambushes-pngs-chief-ombudsman-challenges-integrity/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Tue, 23 Aug 2022 05:07:29 +0000</pubDate>
				<category><![CDATA[Elections]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Pacific Report]]></category>
		<category><![CDATA[Papua New Guinea]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Syndicate]]></category>
		<category><![CDATA[Bryan Kramer]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[Integrity]]></category>
		<category><![CDATA[Leadership]]></category>
		<category><![CDATA[Leadership Tribunal]]></category>
		<category><![CDATA[Melanesian]]></category>
		<category><![CDATA[Melanesian society]]></category>
		<category><![CDATA[MPs induction]]></category>
		<category><![CDATA[Ombudsman]]></category>
		<category><![CDATA[Ombudsman Commission]]></category>
		<category><![CDATA[Richard Pagen]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=78264</guid>

					<description><![CDATA[By Jeffrey Elapa of the PNG Post-Courier in Port Moresby Madang MP Bryan Kramer, who held the police, justice and later immigration portfolios in the outgoing givernment, is no stranger to publicity stunts. Yesterday, he &#8220;ambushed&#8221; Chief Ombudsman Richard Pagen in the State Function Room of the National Parliament during the new MPs’ induction process. ]]></description>
										<content:encoded><![CDATA[<p><em>By Jeffrey Elapa of the <a href="https://postcourier.com.pg/">PNG Post-Courier</a> in Port Moresby</em></p>
<p>Madang MP Bryan Kramer, who held the police, justice and later immigration portfolios in the outgoing givernment, is no stranger to publicity stunts.</p>
<p>Yesterday, he &#8220;ambushed&#8221; Chief Ombudsman Richard Pagen in the State Function Room of the National Parliament during the new MPs’ induction process.</p>
<p>Last week, the Deputy Chief Justice Ambeng Kandakasi had announced the <a href="https://asiapacificreport.nz/2022/08/18/kramer-welcomes-png-tribunal-hearing-to-clear-ridiculous-claims/">appointment of a leadership tribunal</a> to investigate allegations of misconduct in office against Kramer.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2022/08/18/kramer-welcomes-png-tribunal-hearing-to-clear-ridiculous-claims/"><strong>READ MORE:</strong> Kramer welcomes PNG Tribunal hearing to clear ‘ridiculous’ claims</a></li>
<li><a href="https://asiapacificreport.nz/?s=PNG+elections">Other PNG elections reports</a></li>
</ul>
<p>As Pagen was speaking to the new MPs on their roles and responsibilities and the work of the Ombudsman Commission, Kramer found it an opportune time to pick a &#8220;verbal spat&#8217; with Pagen.</p>
<p>After Pagen had finished his presentation, Kramer asked several questions that &#8220;pickled&#8221; the integrity and reputation of Pagen and the Ombudsman Commission.</p>
<p>Kramer told Pagen that the commission had lost many leadership tribunal cases and that his [Pagen’s] own integrity was also in question when a staff member had raised allegations against him and he was still holding office.</p>
<p>The Chief Ombudsman told Kramer that he was at the Parliament induction programme to talk to collective Members of Parliament and not to debate with him.</p>
<p><strong>&#8216;I don&#8217;t want to argue&#8217;</strong><br />
“Member for Madang, I’m addressing a crop of leaders and I don’t want to argue with you. Do not raise conflict of interest questions here. Your leadership (tribunal) is coming,” he told Kramer.</p>
<p>Pagen said he was not appointed to be a &#8220;briefcase carrier&#8221; but to perform his constitutional duties and he performed his duty without fear or favour.</p>
<p>“We are here to work with the leaders. If you fear us then, it is because you have done something wrong,” he said.</p>
<figure id="attachment_62134" aria-describedby="caption-attachment-62134" style="width: 400px" class="wp-caption alignright"><img loading="lazy" decoding="async" class="wp-image-62134" src="https://asiapacificreport.nz/wp-content/uploads/2021/08/PNG-Police-Minister-Bryan-Kramer-LoopPNG-680wide-300x225.png" alt="PNG Police Minister Bryan Kramer" width="400" height="301" srcset="https://asiapacificreport.nz/wp-content/uploads/2021/08/PNG-Police-Minister-Bryan-Kramer-LoopPNG-680wide-300x225.png 300w, https://asiapacificreport.nz/wp-content/uploads/2021/08/PNG-Police-Minister-Bryan-Kramer-LoopPNG-680wide-80x60.png 80w, https://asiapacificreport.nz/wp-content/uploads/2021/08/PNG-Police-Minister-Bryan-Kramer-LoopPNG-680wide-265x198.png 265w, https://asiapacificreport.nz/wp-content/uploads/2021/08/PNG-Police-Minister-Bryan-Kramer-LoopPNG-680wide-559x420.png 559w, https://asiapacificreport.nz/wp-content/uploads/2021/08/PNG-Police-Minister-Bryan-Kramer-LoopPNG-680wide.png 680w" sizes="auto, (max-width: 400px) 100vw, 400px" /><figcaption id="caption-attachment-62134" class="wp-caption-text">Member for Madang Bryan Kramer &#8230; questioned the integrity of Chief Ombudsman Richard Pagen&#8221;. Image: LPNG</figcaption></figure>
<p>The Chief Ombudsman said that as a constitutional office holder his job was not to &#8220;carry a whip around&#8221; and hunt for leaders to be punished.</p>
<p>He said he made sure that there were prima facie cases to refer members of Parliament to the Leadership Tribunal and so far four cases had been thrown out.</p>
<p>“I have done my job to refer people. We are not here to fight anyone. We are here to support service delivery for the 9 million [people in the country]. We are technical people here to give you advice,” he said.</p>
<p>Pagen said they were there to help make sure the leaders perform their duties of serving the people honestly and transparently.</p>
<p><strong>MPs told to be &#8216;transparent&#8217;<br />
</strong>In a separate news story, <a href="https://postcourier.com.pg/members-of-parliament-told-to-be-transparent/">the <em>Post-Courier</em> reports</a> that Pagen urged MPs to be transparent and not to be involved in actions that would question their integrity and of the office they occupied.</p>
<p>Pagen told new MPs and those who were continuing that the office they held now was for the people and their position must not be demeaned by their actions.</p>
<p>He said the integrity of the office and the position they occupied as leaders must be maintained at all times.</p>
<p>“The integrity of the country must also be preserved,” Pagen said.</p>
<p>“We must not use the office for personal gain.</p>
<p>“In the Melanesian society, we have come from a wider family connection and relations and it is essential that the relationship does not creep into the office.”</p>
<p><em>Jeffrey Elapa</em> <em>is a PNG Post-Courier reporter. Republished with permission.</em></p>
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		<title>Former Kiribati president warns judicial crisis could undermine democracy</title>
		<link>https://asiapacificreport.nz/2022/08/18/former-kiribati-president-warns-judicial-crisis-could-undermine-democracy/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 18 Aug 2022 01:27:51 +0000</pubDate>
				<category><![CDATA[Democracy]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Human Rights]]></category>
		<category><![CDATA[Justice]]></category>
		<category><![CDATA[Kiribati]]></category>
		<category><![CDATA[Pacific Report]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[RNZ Pacific]]></category>
		<category><![CDATA[Syndicate]]></category>
		<category><![CDATA[Anote Tong]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[Contempt of Court]]></category>
		<category><![CDATA[Court of Appeal]]></category>
		<category><![CDATA[David Lambourne]]></category>
		<category><![CDATA[Deportation]]></category>
		<category><![CDATA[Injunction]]></category>
		<category><![CDATA[Judiciary]]></category>
		<category><![CDATA[Political lawsuits]]></category>
		<category><![CDATA[Separation of the powers]]></category>
		<category><![CDATA[Taneti Maamau]]></category>
		<category><![CDATA[Tessie Lambourne]]></category>
		<category><![CDATA[Weaponising laws]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=78063</guid>

					<description><![CDATA[RNZ Pacific A former president of Kiribati warns the crisis involving the island nation&#8217;s government and the courts has left the country with a &#8220;dysfunctional judiciary&#8221; and put a question mark over its democratic system. The Kiribati government suspended its chief justice in July and last Thursday immigration and police detained and attempted to deport ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>A former president of Kiribati warns the crisis involving the island nation&#8217;s government and the courts has left the country with a &#8220;dysfunctional judiciary&#8221; and put a question mark over its democratic system.</p>
<p>The Kiribati government suspended its chief justice in July and last Thursday immigration and police detained and attempted to deport High Court Judge David Lambourne.</p>
<p>They were unsuccessful after the country&#8217;s highest court ordered the Australian-born judge to be released.</p>
<ul>
<li><a href="https://www.theguardian.com/world/2022/aug/12/australian-born-judge-held-in-detention-in-kiribati-despite-court-ordering-his-release"><strong>READ MORE:</strong> Australian-born judge released from immigration detention in Kiribati, after being held overnight</a></li>
<li><a href="https://asiapacificreport.nz/?s=Kiribati+politics">Other reports on Kiribati politics</a></li>
</ul>
<p>The Court of Appeal stopped the government from deporting Lambourne pending a further hearing expected to be held this week, escalating further acrimony between the executive and judicial arms of the state.</p>
<p>Anote Tong, who was president of Kiribati from 2003 to 2016, says the issue of Judge Lambourne has clear &#8220;political connotations&#8221; because he is married to the leader of the opposition.</p>
<p>But, he said, the actions of President Taneti Maamau&#8217;s government bordered on contempt of court.</p>
<p>&#8220;The deportation order by the president [Maamau] is really in direct contravention to the decision by the court. So, whether the government is now in contempt of court is the question that really needs to be addressed,&#8221; Tong told RNZ Pacific.</p>
<p>&#8220;To be in direct conflict with the decision of the court here, I think we know what that means.&#8221;</p>
<p><strong>&#8216;Abiding by the laws of Kiribati&#8217;<br />
</strong>In a statement, the government maintained that Judge Lambourne had breached his visa conditions and national laws and raised concern &#8220;by the overreach of the Court of Appeal&#8221; to issue an injunction to prevent his deportation.</p>
<figure id="attachment_78067" aria-describedby="caption-attachment-78067" style="width: 200px" class="wp-caption alignright"><img loading="lazy" decoding="async" class="wp-image-78067 size-medium" src="https://asiapacificreport.nz/wp-content/uploads/2022/08/Judge-David-Lambourne-APR-300tall-200x300.png" alt="Kiribati's Australian-born judge David Lambourne" width="200" height="300" srcset="https://asiapacificreport.nz/wp-content/uploads/2022/08/Judge-David-Lambourne-APR-300tall-200x300.png 200w, https://asiapacificreport.nz/wp-content/uploads/2022/08/Judge-David-Lambourne-APR-300tall-281x420.png 281w, https://asiapacificreport.nz/wp-content/uploads/2022/08/Judge-David-Lambourne-APR-300tall.png 300w" sizes="auto, (max-width: 200px) 100vw, 200px" /><figcaption id="caption-attachment-78067" class="wp-caption-text">Kiribati&#8217;s Australian-born judge David Lambourne &#8230; his wife, Tessie, is leader of the opposition. Image: Pacific Islands Legal Information Institute</figcaption></figure>
<p>The government said it &#8220;abides by the laws and the Constitution of Kiribati &#8230; to protect the interest of the people of Kiribati&#8221;.</p>
<p>It blamed &#8220;neocolonial forces&#8221; for &#8220;weaponising the laws enacted to protect&#8221; the i-Kiribati people &#8220;to pursue their own interest and suppress the will of the people&#8221;.</p>
<p>But Tong said the separation of powers is a fundamental principle of a democratic society.</p>
<p>&#8220;We have a constitution. We have the laws in place, and we have a court. The question is: are we adhering to these legal provisions?,&#8221; he asked.</p>
<p>&#8220;It looks like the government is crossing that boundary and delving into the purview of the judiciary.&#8221;</p>
<p>Tong said the problem between the government and Judge Lambourne began after the 2020 elections when his wife, Tessie Lambourne, was elected as leader of the opposition.</p>
<p>&#8220;There is no question about it,&#8221; he said, adding it did not &#8220;give an excuse for the government to ignore a court decision&#8221;.</p>
<p>He said until Kiribati amended its laws and constitution &#8220;to recognise that the separation of powers is fundamental to its democratic system of government, everything else that has been done will become illegal&#8221;.</p>
<p><strong>International condemnation<br />
</strong>The Commonwealth Magistrates&#8217; and Judges&#8217; Association (CMJA), the Commonwealth Legal Education Association (CLEA), and the Commonwealth Lawyers Association (CLA) have all raised concerns and said they were &#8220;alarmed&#8221; at the situation.</p>
<p>The associations have urged the Kiribati authorities to respect the rule of law and comply with orders of the courts.</p>
<p>&#8220;The associations are alarmed that the tribunals set up to investigate alleged misbehaviour by Judge David Lambourne and the Chief Justice William Hastings have yet to report on any findings,&#8221; they said via a joint statement.</p>
<p>&#8220;The associations are further alarmed that there has been an attempt to deport Judge Lambourne without due process being followed and he has subsequently now been arbitrarily detained by the authorities in Kiribati.&#8221;</p>
<p>CMJA, CLEA and CLA are urging the Commonwealth Ministerial Action Group (CMAG) to consider the actions of the Kiribati government as a matter of urgency.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
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		<title>Morrison’s multiple portfolios: why the law has nothing to do with it</title>
		<link>https://asiapacificreport.nz/2022/08/18/morrisons-multiple-portfolios-why-the-law-has-nothing-to-do-with-it/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Wed, 17 Aug 2022 21:49:04 +0000</pubDate>
				<category><![CDATA[Australia]]></category>
		<category><![CDATA[Democracy]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Justice]]></category>
		<category><![CDATA[Pacific Report]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Australian constitution]]></category>
		<category><![CDATA[Cabinet]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[English constitution]]></category>
		<category><![CDATA[Legality]]></category>
		<category><![CDATA[Parliament]]></category>
		<category><![CDATA[Political convention]]></category>
		<category><![CDATA[Portfolios]]></category>
		<category><![CDATA[prime ministers]]></category>
		<category><![CDATA[Scott Morrison]]></category>
		<category><![CDATA[Secret ministers]]></category>
		<category><![CDATA[Westminster system]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=78075</guid>

					<description><![CDATA[ANALYSIS: By Frank Bongiorno, Australian National University and Emily Millane, The University of Melbourne The go-to defence of pretty much everyone who is entangled in the scandal of former Australian prime minister Scott Morrison’s self-appointment to five ministerial portfolios other than his own is that no laws were broken. But this alleged legality &#8212; which ]]></description>
										<content:encoded><![CDATA[<p><strong>ANALYSIS</strong>: <em>By <a href="https://theconversation.com/profiles/frank-bongiorno-158242">Frank Bongiorno</a>, <a href="https://theconversation.com/institutions/australian-national-university-877">Australian National University</a> and <a href="https://theconversation.com/profiles/emily-millane-265283">Emily Millane</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p>
<p>The go-to defence of pretty much everyone who is entangled in the scandal of former Australian prime minister Scott Morrison’s self-appointment to five ministerial portfolios other than his own is that no laws were broken.</p>
<p>But this alleged legality &#8212; which remains unclear &#8212; is barely relevant to any judgement that might be offered on the affair.</p>
<p>Australia’s system of government would cease to function without its actors being willing to observe conventions that do not have the status of law. It is no defence of one’s behaviour to say that no law was broken as a result of it.</p>
<ul>
<li><strong><a href="https://theconversation.com/view-from-the-hill-the-liberals-would-be-better-off-with-morrison-out-of-parliament-188838">READ MORE: </a></strong><a href="https://theconversation.com/view-from-the-hill-the-liberals-would-be-better-off-with-morrison-out-of-parliament-188838">View from The Hill: The Liberals would be better off with Morrison out of Parliament</a></li>
<li><a href="https://theconversation.com/parliament-must-act-to-ensure-australia-never-has-secret-ministers-again-188884">Parliament must act to ensure Australia never has &#8216;secret ministers&#8217; again</a></li>
</ul>
<p>Australia has a written constitution, but any casual reader of its text would gain little idea of how the political system actually works. Ministers hold office “during the pleasure of the Governor-General”.</p>
<p>The document does not mention the office of prime minister. It does not speak of a cabinet.</p>
<p>The lifeblood of the system is convention and practice. They are not to be found in the ink of the Constitution. Many of these conventions and practices were inherited, and then adapted, from Britain.</p>
<p>In Australia, following developments in Canada in the late 1830s and 1840s, this agreed practice was sometimes called “responsible government”.</p>
<p><strong>&#8216;Westminister system&#8217;</strong><br />
“Responsible government” was a colonial adaptation of a model that was also evolving in Britain. That is why we use the term “Westminster system” as a catch-all for Australia’s system of parliamentary government.</p>
<p>The most famous and influential account of the Westminster system appears in Walter Bagehot’s <a href="https://en.wikipedia.org/wiki/The_English_Constitution"><em>The English Constitution</em></a> (1867). Its central feature, he said, distinguishing it from the more drastic separation of powers and antagonism between branches of government characteristic of the presidential system of the United States, was “the close union, the nearly complete fusion, of the executive and legislative powers”.</p>
<p>The lower house of a Parliament, ostensibly elected to make laws, would in practice find “its principal business in making and in keeping an executive” that “should be chosen by the legislature out of persons agreeable to and trusted by the legislature”.</p>
<p>Under Westminster convention, a cabinet required the confidence of the popularly elected chamber which, in turn, was the mechanism for the government’s accountability to the nation.</p>
<p>Morrison did not apparently see that in secretly having himself sworn into a range of portfolios, he was misleading Parliament and preventing the accountability that Bagehot saw as the essence of the system.</p>
<p>Instead, in seeking to justify his behaviour, he used a phrase that US President Harry S. Truman had as a sign on his desk: “The buck stops here”.</p>
<p>In this vein, during his press conference yesterday, Morrison referred multiple times to the popular expectations of him. He was responsible for “every drop of rain”. Morrison seems to imagine the public believed government started and ended with him.</p>
<figure style="width: 600px" class="wp-caption alignnone"><img loading="lazy" decoding="async" src="https://images.theconversation.com/files/479593/original/file-20220817-16-54dr38.jpeg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" sizes="auto, (min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/479593/original/file-20220817-16-54dr38.jpeg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=600&amp;h=162&amp;fit=crop&amp;dpr=1 600w, https://images.theconversation.com/files/479593/original/file-20220817-16-54dr38.jpeg?ixlib=rb-1.1.0&amp;q=30&amp;auto=format&amp;w=600&amp;h=162&amp;fit=crop&amp;dpr=2 1200w, https://images.theconversation.com/files/479593/original/file-20220817-16-54dr38.jpeg?ixlib=rb-1.1.0&amp;q=15&amp;auto=format&amp;w=600&amp;h=162&amp;fit=crop&amp;dpr=3 1800w, https://images.theconversation.com/files/479593/original/file-20220817-16-54dr38.jpeg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;h=203&amp;fit=crop&amp;dpr=1 754w, https://images.theconversation.com/files/479593/original/file-20220817-16-54dr38.jpeg?ixlib=rb-1.1.0&amp;q=30&amp;auto=format&amp;w=754&amp;h=203&amp;fit=crop&amp;dpr=2 1508w, https://images.theconversation.com/files/479593/original/file-20220817-16-54dr38.jpeg?ixlib=rb-1.1.0&amp;q=15&amp;auto=format&amp;w=754&amp;h=203&amp;fit=crop&amp;dpr=3 2262w" alt="President Harry S Truman’s famous sign" width="600" height="162" /><figcaption class="wp-caption-text">President Harry S Truman’s famous sign on his desk &#8211; a saying from which Scott Morrison seems to have borrowed. Image: Harry S. Truman library</figcaption></figure>
<p><strong>No apology to Parliament</strong><br />
Morrison has since apologised to cabinet colleagues for not having told them he signed up to their portfolios in secret. But it is telling that he has not apologised to the Parliament for misleading it, nor to the Australian people for misleading them.</p>
<p>There was a time, not all that long ago, when phrases such as “individual ministerial responsibility” and “collective ministerial responsibility” were meaningful. The first was the principle that ministers were responsible to Parliament and therefore to the people for what went on in their portfolios.</p>
<p>They could not pass the buck to advisers or public servants, even if an error or misdeed had occurred in those quarters.</p>
<p>Collective ministerial responsibility referred to cabinet’s responsibility as a body for its own decisions. If a minister felt so strongly opposed to a decision agreed by cabinet that they could not publicly support it, the solution was clear. They would need to resign.</p>
<p>These were textbook concepts in high school Australian politics classes. It was widely understood that they were ideals and theories, that they would be applied differently according to context.</p>
<p>But they were understood as Westminster conventions with genuine force and importance, even if an abrogation of convention did not carry the same consequence as a breach of law.</p>
<p>In contrast, we now seem to have a system in which it is considered a legitimate defence of one’s highly unconventional behaviour to say that no law was broken. But this is not a legitimate defence in a system of parliamentary government that rests substantially on convention.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">People who claim that Morrison&#8217;s multiple portfolios were not illegal miss the point.</p>
<p>As <a href="https://twitter.com/fbongiornoanu?ref_src=twsrc%5Etfw">@fbongiornoanu</a> (<a href="https://twitter.com/ANUmedia?ref_src=twsrc%5Etfw">@ANUmedia</a>) + <a href="https://twitter.com/EmilyMillane?ref_src=twsrc%5Etfw">@EmilyMillane</a> (<a href="https://twitter.com/MelbLawSchool?ref_src=twsrc%5Etfw">@MelbLawSchool</a>) write, the conventions in the Westminster system can&#8217;t be set aside without serious effects. <a href="https://twitter.com/hashtag/auspol?src=hash&amp;ref_src=twsrc%5Etfw">#auspol</a> <a href="https://t.co/QaLbSw9AOG">https://t.co/QaLbSw9AOG</a></p>
<p>— The Conversation (@ConversationEDU) <a href="https://twitter.com/ConversationEDU/status/1560061683904675841?ref_src=twsrc%5Etfw">August 18, 2022</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p><strong>Menace to democracy</strong><br />
It is rather a serious menace to democracy.</p>
<p>The electorate’s concerns with institutional integrity were manifested in this year’s federal election result. But Morrison’s highly secretive, underhanded accumulation of power would likely not be the fodder of a federal anti-corruption commission.</p>
<p>This is all the more reason to be concerned at his “nothing to see here” attitude.</p>
<p>When the agreed way in which our politics is conducted is eroded, what happens then? Conventions are enforced by their usage. As the parliamentary practice guide notes, “conventions are subject to change by way of (political) interpretation or (political) circumstances and may in some instances be broken”.</p>
<p>But they cannot simply be set aside without serious and detrimental effects on the way we are governed.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img loading="lazy" decoding="async" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/188892/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p>
<p><em>Dr <a href="https://theconversation.com/profiles/frank-bongiorno-158242">Frank Bongiorno</a> is professor of history, ANU College of Arts and Social Sciences, <em><a href="https://theconversation.com/institutions/australian-national-university-877">Australian National University</a></em> and Dr <a href="https://theconversation.com/profiles/emily-millane-265283">Emily Millane</a> is a senior fellow, Melbourne Law School, <em><a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em>. This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons licence. Read the <a href="https://theconversation.com/morrisons-multiple-portfolios-why-the-law-has-nothing-to-do-with-it-188892">original article</a>.</em></p>
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		<title>Bougainville independence issue a &#8216;unity test&#8217; for PNG,  says Marape</title>
		<link>https://asiapacificreport.nz/2022/08/14/bougainville-independence-issue-a-unity-test-for-png-says-marape/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Sun, 14 Aug 2022 02:41:09 +0000</pubDate>
				<category><![CDATA[Bougainville]]></category>
		<category><![CDATA[Elections]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Human Rights]]></category>
		<category><![CDATA[Pacific Report]]></category>
		<category><![CDATA[Papua New Guinea]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Self Determination]]></category>
		<category><![CDATA[Bougainville independence]]></category>
		<category><![CDATA[Bougainville referendum]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[Constitutional amendments]]></category>
		<category><![CDATA[James Marape]]></category>
		<category><![CDATA[PNG elections]]></category>
		<category><![CDATA[PNG general election 2022]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=77840</guid>

					<description><![CDATA[By Gorethy Kenneth of the PNG Post-Courier in Port Moresby Prime Minister James Marape says Papua New Guineans will be consulted on key constitutional questions relating to Bougainville’s 97.7 percent vote for independence. In his maiden speech after being voted in as the country&#8217;s 9th Prime Minister, he said the issue infringed on PNG’s national ]]></description>
										<content:encoded><![CDATA[<p><em>By Gorethy Kenneth of the <a href="https://postcourier.com.pg/papua-new-guineans-will-be-consulted-pm/">PNG Post-Courier </a>in Port Moresby</em></p>
<p>Prime Minister James Marape says Papua New Guineans will be consulted on key constitutional questions relating to Bougainville’s 97.7 percent vote for independence.</p>
<p>In his maiden speech after being voted in as the country&#8217;s 9th Prime Minister, he said the issue infringed on PNG’s national unity and it touched on sovereignty, which was a huge constitutional burden for the government and the people.</p>
<p>He said the Autonomous Region of Bougainville was an important agenda for his government and that by 2024 the referendum vote issue would be brought to Parliament.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=PNG+elections"><strong>READ MORE:</strong> Other PNG elections reports</a></li>
</ul>
<p>“This question for Bougainville is a test to our national union. We will consult with the rest of the country because our people must have a say,” Marape said in his speech.</p>
<p>“This year and first half of next year we will consult the country on some of the key constitutional questions and we will work to the plan that we set out in Wabag, in that by 2024 we bring the matter to Parliament.</p>
<p>&#8220;It is a political question so a political solution must be found.</p>
<p>“I have and continue to have one vote. But the question on altering our national boundary is a constitutional matter, and the entire nation must be consulted. The result of the referendum stands as high as Mt Wilhelm. It cannot be diluted.</p>
<p>&#8220;We will deliver on that political commitment to find that political solution that is mutually acceptable to Bougainville and Papua New Guinea.</p>
<p>“The journey is still a long way ahead … when our union is in question, it infringes on our national unity, it touches on our sovereignty which is a huge constitutional burden on us.</p>
<p>&#8220;Our union together was placed together by the constitutional definition in 1975, it will only take a constitutional amendment to unbundle this union.</p>
<p>“I want to ask Bougainvilleans, fear not, Papua New Guineans fear not. Let’s take this journey together and we find a political solution to this political question to our people in Bougainville.”</p>
<p><em>Gorethy Kenneth is a PNG Post-Courier senior journalist. Republished with permission.<br />
</em></p>
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		<title>PNG&#8217;s extension of return of writs date &#8216;unconstitutional&#8217;, says former chief justice</title>
		<link>https://asiapacificreport.nz/2022/07/30/pngs-extension-of-return-of-writs-date-unconstitutional-says-former-chief-justice/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Sat, 30 Jul 2022 09:07:42 +0000</pubDate>
				<category><![CDATA[Elections]]></category>
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		<category><![CDATA[Justice]]></category>
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		<category><![CDATA[Syndicate]]></category>
		<category><![CDATA[Caretaker government]]></category>
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		<category><![CDATA[Election counting]]></category>
		<category><![CDATA[PNG elections]]></category>
		<category><![CDATA[PNG general election 2022]]></category>
		<category><![CDATA[Return of writs]]></category>
		<category><![CDATA[Sir Arnold Amet]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=77129</guid>

					<description><![CDATA[By Miriam Zarriga in Port Moresby The two-week extension on the return of Papua New Guinea&#8217;s general election writs date has been knocked as unconstitutional. A former Chief Justice, Sir Arnold Amet, said there were no provisions in the Constitution for any extension of writs beyond the fifth anniversary of the date fixed for the ]]></description>
										<content:encoded><![CDATA[<p><em>By Miriam Zarriga in Port Moresby</em></p>
<p>The two-week extension on the return of Papua New Guinea&#8217;s general election writs date has been knocked as unconstitutional.</p>
<p>A former Chief Justice, Sir Arnold Amet, said there were no provisions in the Constitution for any extension of writs beyond the fifth anniversary of the date fixed for the return of the writs, which was yesterday &#8212; July 29.</p>
<p>He said also that there were no constitutional provisions for a caretaker government to continue beyond this date.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=PNG+elections"><strong>READ MORE:</strong> Other PNG elections reports</a></li>
</ul>
<p>Sir Arnold’s stance came as uncertainty surrounded the extension of the deadline for return of writs to August 12.</p>
<p>The extension sought by Electoral Commissioner Simon Sinai was granted by Governor-General Sir Bob Dadae this week because electoral officials in more than half of the country’s 118 electorates had yet to complete counting and declare members of the new Parliament.</p>
<p>Government House has indicated the instrument for gazetting of the extension was signed on Tuesday, but by yesterday there was no formal notice of this.</p>
<p>According to Secretary for Department of Justice and Attorney-General Dr Eric Kwa, the fifth anniversary for the 10th Parliament fell yesterday – July 29.</p>
<p><strong>Sir Arnold&#8217;s view</strong><br />
Said Sir Arnold: <em>“And so if July 29, 2022 is the date originally fixed for the return of the writs, as being nearly as may reasonably be to the fifth anniversary of the date fixed for the return of the writs for the previous general election, which according to the 2017 calendar is July 28, then that is in sufficient compliance with the Constitution and Organic Law.</em></p>
<p><em>“The originally scheduled time and date for the calling of the first meeting of Parliament pursuant to the Constitution section 124 (1) and the Organic Law on Calling of Parliament for Thursday. August 4, 2022, was consistent with the ‘anniversary of the term of Parliament’.</em></p>
<p><em>“The extension of date for the return of writs to August 12 2022, to now extend the time for the return of the writs, as advised by the Head of State, acting on advice of the Electoral Commission, would now require the time and date to be fixed for the first meeting of Parliament to be ‘not more than seven days’ after August 12, 2022, which if not already fixed and advised shall be Thursday August 18 2022.”</em></p>
<p>Sir Arnold said the potential constitutional implications of this extension were that it:</p>
<ul>
<li>Took the date fixed for the return of the writs to beyond the “as nearly as may reasonably be to the fifth anniversary of the date fixed for the return of the writs for the previous general election” by 15 days;</li>
<li>Took the term of office of the current members of Parliament, also 15 days, beyond the normal term of office of five years;</li>
<li>Extended the life of the current term of Parliament beyond the five years by 15 days to the return of writs and 21 days to the calling of the first meeting of Parliament, possibly on August 18, 2022.</li>
</ul>
<p><em>Miriam Zarriga</em> <em>is a PNG Post-Courier reporter. Republished with permission.</em></p>
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		<title>Pandemic effect on human rights &#8216;catastrophic&#8217;, says Samoan report</title>
		<link>https://asiapacificreport.nz/2022/07/21/pandemic-effect-on-human-rights-catastrophic-says-samoan-report/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Wed, 20 Jul 2022 22:45:12 +0000</pubDate>
				<category><![CDATA[Coronavirus]]></category>
		<category><![CDATA[Featured]]></category>
		<category><![CDATA[Global]]></category>
		<category><![CDATA[Health and Fitness]]></category>
		<category><![CDATA[Human Rights]]></category>
		<category><![CDATA[Indigenous]]></category>
		<category><![CDATA[Pacific Report]]></category>
		<category><![CDATA[RNZ Pacific]]></category>
		<category><![CDATA[Samoa]]></category>
		<category><![CDATA[Syndicate]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[covid-19]]></category>
		<category><![CDATA[Discrimination]]></category>
		<category><![CDATA[Freedom of movement]]></category>
		<category><![CDATA[Ombudsman]]></category>
		<category><![CDATA[Pandemic]]></category>
		<category><![CDATA[Samoan human rights]]></category>
		<category><![CDATA[Unemployment]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=76609</guid>

					<description><![CDATA[RNZ Pacific Samoa&#8217;s Ombudsman Luamanuvao Katalaina Sapolu says the human rights effects from the covid-19 pandemic have been catastrophic. She has just submitted Samoa&#8217;s eighth State of Human Rights Report to Parliament. Luamanuvao said that over the past two years families had lost loved ones, businesses suffered, unemployment rates increased, and freedom of movement was ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>Samoa&#8217;s Ombudsman Luamanuvao Katalaina Sapolu says the human rights effects from the covid-19 pandemic have been catastrophic.</p>
<p>She has just submitted Samoa&#8217;s eighth <a href="https://ombudsman.gov.ws/office-of-the-ombudsman-launches-first-ever-state-of-human-rights-report/">State of Human Rights Report</a> to Parliament.</p>
<p>Luamanuvao said that over the past two years families had lost loved ones, businesses suffered, unemployment rates increased, and freedom of movement was restricted.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Pacific+covid-19"><strong>READ MORE:</strong> Other Pacific covid-19 reports</a></li>
</ul>
<p>She said there had also been a grave impact on children&#8217;s right to education, and the right to health continues to be challenged with resources stretched to the maximum.</p>
<p>But she said human rights principles continued to play an important role in addressing discrimination and inequality and providing inclusion of everyone in the prevention of, and recovery from covid-19.</p>
<p>The report provided an analysis of the impact of the pandemic and government measures on the rights and freedoms of Samoans, especially on the most vulnerable groups.</p>
<p>The report also included recommendations for the government to ensure its covid-19 measures were consistent with the constitution, domestic laws, and policies safeguarding human rights, as well as Samoa&#8217;s international human rights obligations.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
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		<title>Stand with Rappler, defend press freedom in Philippines</title>
		<link>https://asiapacificreport.nz/2022/06/30/stand-with-rappler-defend-press-freedom-in-philippines/</link>
					<comments>https://asiapacificreport.nz/2022/06/30/stand-with-rappler-defend-press-freedom-in-philippines/#comments</comments>
		
		<dc:creator><![CDATA[Pacific Media Watch]]></dc:creator>
		<pubDate>Wed, 29 Jun 2022 14:15:36 +0000</pubDate>
				<category><![CDATA[Asia Report]]></category>
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		<category><![CDATA[#Hold the line]]></category>
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		<category><![CDATA[Media Freedom]]></category>
		<category><![CDATA[Press Freedom]]></category>
		<category><![CDATA[Public Interest Journalism]]></category>
		<category><![CDATA[Rappler]]></category>
		<category><![CDATA[Rodrigo Duterte]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=75792</guid>

					<description><![CDATA[EDITORIAL: By the Rappler team We will continue bringing you the news, holding the powerful to account for their actions and decisions, calling attention to government lapses that further disempower the disadvantaged. We will hold the line. Dear readers and viewers, We thought this day would never come, even as we were warned in the ]]></description>
										<content:encoded><![CDATA[<p><strong>EDITORIAL:</strong> <em>By</em> <em>the <a href="https://asiapacificreport.nz/?s=Rappler">Rappler team</a></em></p>
<p><em>We will continue bringing you the news, holding the powerful to account for their actions and decisions, calling attention to government lapses that further disempower the disadvantaged. We will hold the line.</em></p>
<p>Dear readers and viewers, We thought this day would never come, even as we were warned in the first of week of December last year that the Securities and Exchange Commission (SEC) would be handing down a ruling against us.</p>
<p>Because we have acted in good faith and adhered to the best standards in a fast-evolving business environment, we were confident that the country’s key business regulator would put public interest above other interests that were at play in this case.</p>
<p>We were, in fact, initially relieved that it was the SEC that initiated what appeared to us as a customary due diligence act, considering our prior information that it was the Office of the Solicitor-General that had formed, as early as November 2016, a special team to build a case against us.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2022/06/29/rappler-ordered-to-shut-down-by-philippines-government-says-ressa/"><strong>READ MORE:</strong> Rappler ordered to shut down by Philippines government, says Ressa</a></li>
<li><a href="https://www.rappler.com/about-rappler/about-us/178414-rappler-statement-duterte-foreign-ownership-media-harassment" target="_blank" rel="noopener">Lies about foreign ownership a form of harassment </a></li>
<li><a href="https://www.rappler.com/nation/176565-sona-2017-duterte-rappler-ownership" target="_blank" rel="noopener">Duterte claims Rappler ‘fully owned by Americans’</a></li>
<li><a href="https://www.rappler.com/thought-leaders/176774-pdrs-media-ownership" target="_blank" rel="noopener">Of PDRs and ‘foreign ownership’ of PH media</a></li>
<li><a href="https://oliversegovia.com/2017/02/06/why-would-anyone-invest-in-rappler-if-its-losing-money/" target="_blank" rel="noopener">Why Would Anyone Invest in Rappler if it’s Losing Money?</a></li>
<li><a href="https://www.rappler.com/about-rappler/about-us/176994-rappler-harassment-inspire-courage" target="_blank" rel="noopener">Amid harassment, Rappler vows to #InspireCourage</a></li>
<li><a href="https://asiapacificreport.nz/?s=Rappler">Other Rappler media freedom reports</a></li>
</ul>
<p>We were wrong. The SEC’s kill order revoking <em>Rappler’s</em> licence to operate is the first of its kind in history &#8212; both for the Commission and for Philippine media. What this means for you, and for us, is that the Commission is ordering us to close shop, to cease telling you stories, to stop speaking truth to power, and to let go of everything that we have built &#8212; and created &#8212; with you since 2012.</p>
<p>All because they focused on one clause in one of our contracts which we submitted to &#8212; and was accepted by &#8212; the SEC in 2015.</p>
<p>Now the Commission is accusing us of violating the Constitution, a serious charge considering how, as a company imbued with public interest, we have consistently been transparent and above-board in our practices.</p>
<p><strong>Transparency best proof<br />
</strong>Every year since we incorporated in 2012, we have dutifully complied with all SEC regulations and submitted all requirements even at the risk of exposing our corporate data to irresponsible hands with an agenda.</p>
<p>Transparency, we believe, is the best proof of good faith and good conduct. All these seem not to matter as far as the SEC is concerned.</p>
<p>In a record investigation time of 5 months and after President Rodrigo Duterte himself blasted <em>Rappler</em> in his second SONA in July 2017, the SEC released this ruling against us.</p>
<p>This is pure and simple harassment, the seeming coup de grace to the relentless and malicious attacks against us since 2016:</p>
<p>We intend to not only contest this through all legal processes available to us, but also to fight for our freedom to do journalism and for your right to be heard through an independent platform like <em>Rappler.</em></p>
<p>We’ve been through a lot together, through good and bad &#8212; sharing stories, building communities, inspiring hope, uncovering wrongdoing, battling trolls, exposing the fake. We will continue bringing you the news, holding the powerful to account for their actions and decisions, calling attention to government lapses that further disempower the disadvantaged.</p>
<p>We will hold the line. The support you’ve shown us all this time, and our commitment to tell you stories without fear, give us hope.</p>
<p>You inspire courage. You have taught us that when you stand and fight for what is right, there is no dead-end, only obstacles that can only make us stronger. We ask you to stand with us again at this difficult time.</p>
<p><em>Republished with permission. First published 15 January 2018, when the SEC originally ordered the closure of Rappler.<br />
</em></p>
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		<title>Vanuatu PM fails to push through constitutional changes &#8211; again</title>
		<link>https://asiapacificreport.nz/2022/06/18/vanuatu-pm-fails-to-push-through-constitutional-changes-again/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Sat, 18 Jun 2022 00:50:49 +0000</pubDate>
				<category><![CDATA[Featured]]></category>
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		<category><![CDATA[Politics]]></category>
		<category><![CDATA[RNZ Pacific]]></category>
		<category><![CDATA[Syndicate]]></category>
		<category><![CDATA[Vanuatu]]></category>
		<category><![CDATA[Bob Loughman]]></category>
		<category><![CDATA[Chief justice]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[Constitutional amendments]]></category>
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		<category><![CDATA[Vanuatu constitutional crisis]]></category>
		<category><![CDATA[Vanuatu Parliament]]></category>
		<category><![CDATA[Vanua’aku Pati]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=75329</guid>

					<description><![CDATA[RNZ Pacific The Vanuatu Prime Minister has again failed to push through controversial constitutional changes. These include extending the term of Parliament, changing the definition of a Vanuatu citizen, and increasing the size of cabinet by nearly a third. A second session of Parliament yesterday was adjourned because of a lack of MPs. LISTEN TO ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>The Vanuatu Prime Minister has again failed to push through controversial constitutional changes.</p>
<p>These include extending the term of Parliament, changing the definition of a Vanuatu citizen, and increasing the size of cabinet by nearly a third.</p>
<p>A second session of Parliament yesterday was adjourned because of a lack of MPs.</p>
<ul>
<li><a href="https://podcast.radionz.co.nz/pacn/dateline-20220617-0603-vanuatu_lawyers_concerned_with_govt_reforms-128.mp3"><strong>LISTEN TO RNZ </strong><strong><em>PACIFIC WAVES</em>:</strong> Port Vila lawyer Gary Blake speaks to Don Wiseman on the constitutional crisis</a></li>
<li><a href="https://www.dailypost.vu/vanuatu_sports/prime-minister-bob-loughman-failed-to-amend-the-constitution/article_46cc3adf-8fa8-5c17-a3eb-fc6797f28c5f.html">Prime Minister Bob Loughman failed to amend the constitution</a></li>
<li><a href="https://asiapacificreport.nz/?s=Vanuatu+constitutional+crisis">Other reports on the Vanuatu constitutional crisis</a></li>
</ul>
<figure id="attachment_75338" aria-describedby="caption-attachment-75338" style="width: 217px" class="wp-caption alignright"><img loading="lazy" decoding="async" class="size-medium wp-image-75338" src="https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-PM-Bob-Loughman-RNZ-300tall-217x300.png" alt="Vanuatu Prime Minister Bob Loughman" width="217" height="300" srcset="https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-PM-Bob-Loughman-RNZ-300tall-217x300.png 217w, https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-PM-Bob-Loughman-RNZ-300tall.png 300w" sizes="auto, (max-width: 217px) 100vw, 217px" /><figcaption id="caption-attachment-75338" class="wp-caption-text">Vanuatu Prime Minister Bob Loughman &#8230; facing opposition &#8211; even from his own Vanua&#8217;aku Pati &#8211; over proposed constitutional amendments. Image: RNZ</figcaption></figure>
<p>Prime Minister Bob Loughman wants to push through at least 15 constitutional changes which the opposition and some MPs in both his coalition and his own Vanua&#8217;aku Pati oppose.</p>
<p>On Friday there were only 31 of the 52 MPs present.</p>
<p>For a constitutional change a minimum of 34 MPs is needed.</p>
<p>On Thursday, lawyers in Port Vila published a <a href="https://www.rnz.co.nz/international/pacific-news/469232/opposition-to-planned-vanuatu-constitutional-change-grows">statement strongly criticising one of the planned constitutional</a> amendments.</p>
<p>They say the government&#8217;s plan to put the Chief Justice&#8217;s position on a fixed-term contract undermines the credibility of that judicial office.</p>
<p><strong>Costly process<br />
</strong>The adjournment of the Vanuatu Parliament over the seven days to Friday cost the country&#8217;s taxpayers more than 3.7 million vatu (US$32,000).</p>
<p>This is because MPs and cabinet ministers each get daily allowances when the Parliament is in session.</p>
<blockquote class="twitter-tweet">
<p dir="ltr" lang="en">&#8220;You cannot just pull a paper from a rubbish bin and bring it to Parliament for approval because you are dealing with Vanuatu&#8217;s Constitution,&#8221; former prime minister Charlot Salwai said. <a href="https://t.co/Bgq4z1XeXs">https://t.co/Bgq4z1XeXs</a></p>
<p>— RNZ Pacific (@RNZPacific) <a href="https://twitter.com/RNZPacific/status/1537260050666123265?ref_src=twsrc%5Etfw">June 16, 2022</a></p></blockquote>
<p><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></p>
<p>But on Friday a week ago the session was adjourned because many MPs had boycotted over government plans to push through the sweeping constitutional changes.</p>
<p>Ati George Sokomanu, who was the country&#8217;s first president, is calling for more communication among the leaders and respect for the procedures required under the constitution to avoid wasting taxpayers&#8217; money.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
<figure id="attachment_75337" aria-describedby="caption-attachment-75337" style="width: 680px" class="wp-caption alignnone"><img loading="lazy" decoding="async" class="wp-image-75337 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-Parliament-RNZ-680wide.png" alt="The Vanuatu Parliament in Port Vila" width="680" height="509" srcset="https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-Parliament-RNZ-680wide.png 680w, https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-Parliament-RNZ-680wide-300x225.png 300w, https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-Parliament-RNZ-680wide-80x60.png 80w, https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-Parliament-RNZ-680wide-265x198.png 265w, https://asiapacificreport.nz/wp-content/uploads/2022/06/Vanuatu-Parliament-RNZ-680wide-561x420.png 561w" sizes="auto, (max-width: 680px) 100vw, 680px" /><figcaption id="caption-attachment-75337" class="wp-caption-text">The Vanuatu Parliament in Port Vila &#8230; many MPs have boycotted the house over government plans to push through the sweeping constitutional changes. Image: Sally Round/RNZ</figcaption></figure>
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		<title>Vanuatu opposition plans new boycott of &#8216;dangerous&#8217; changes special sitting</title>
		<link>https://asiapacificreport.nz/2022/06/17/vanuatu-opposition-plans-new-boycott-of-dangerous-changes-special-sitting/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 16 Jun 2022 20:14:14 +0000</pubDate>
				<category><![CDATA[Democracy]]></category>
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		<category><![CDATA[Syndicate]]></category>
		<category><![CDATA[Vanuatu]]></category>
		<category><![CDATA[Constitution]]></category>
		<category><![CDATA[Constitutional amendments]]></category>
		<category><![CDATA[Constitutional Review Committee]]></category>
		<category><![CDATA[Ralph Regenvanu]]></category>
		<category><![CDATA[Vanua’aku Pati]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=75281</guid>

					<description><![CDATA[Kizzy Kalsakau and Anita Roberts in Port Vila Vanuatu&#8217;s opposition leader Ralph Regenvanu said Members of Parliament from the Opposition bloc would boycott the special Parliament sitting again today. “We think there are a number of amendments that are very bad for the country, and very dangerous for the Parliament to be considering,&#8221; he said. ]]></description>
										<content:encoded><![CDATA[<p><em>Kizzy Kalsakau and Anita Roberts in Port Vila</em></p>
<p>Vanuatu&#8217;s opposition leader Ralph Regenvanu said Members of Parliament from the Opposition bloc would boycott the special Parliament sitting again today.</p>
<p>“We think there are a number of amendments that are very bad for the country, and very dangerous for the Parliament to be considering,&#8221; he said.</p>
<p>“We will not be turning up to Parliament in the hope that we can contribute to not having a quorum to pass the amendment.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2022/06/10/mps-boycott-forces-delay-in-vanuatu-constitution-amendments-debate/"><strong>READ MORE: </strong> MPs boycott forces delay in Vanuatu constitution amendments debate</a></li>
<li><a href="https://asiapacificreport.nz/?s=Vanuatu+constitutional+crisis">Other Vanuatu constitutional crisis reports</a></li>
</ul>
<p>“We hope that RMC (Reunification Movement of Change) MPs will also absent themselves tomorrow. I also called on other MPs and parties in the government to boycott too, so that the required quorum would not be met.</p>
<p>“I hope that will force the government to do what it should do or [have] done in the first place, to follow the proper process of consultation and setting up of the Constitutional Review Committee to consider any amendment on the Constitution that it want to bring to Parliament.&#8221;</p>
<p>Regenvanu said yesterday&#8217;s <em>Vanuatu Daily Post</em> front page on “VP against proposed review to Chief Justice&#8217;s tenure&#8221; was a perfect example of why such a constitutional amendment has to go through the proper process of consultation and consideration by a committee.</p>
<p>“Just six days ago, the government headed by Vanua&#8217;aku Pati (VP) proposed this new amendment,” he said. “We don&#8217;t know where this amendment came from. There has never been any review or study suggesting that this should happen.</p>
<p><strong>Careful consideration needed</strong><br />
“The VP-led government itself tabled this amendment in Parliament and six days later it came out in the media saying it is not going to support.</p>
<p>“This is why we are advocating such important affairs, such as trying to change the constitution of the country. It requires careful consideration and there is a process to follow before making amendments.&#8221;</p>
<p>The special sitting on the proposed constitutional amendment scheduled last Friday was adjourned to today, due to lack of quorum.</p>
<p>The government needs 34 votes to pass the amendment.</p>
<p><em>Kizzy Kalsakau and Anita Roberts</em> <em>are Vanuatu Daily Post reporters. Republished with permission.</em></p>
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		<title>MPs boycott forces delay in Vanuatu constitution amendments debate</title>
		<link>https://asiapacificreport.nz/2022/06/10/mps-boycott-forces-delay-in-vanuatu-constitution-amendments-debate/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Fri, 10 Jun 2022 04:46:29 +0000</pubDate>
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		<category><![CDATA[Boycott]]></category>
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		<category><![CDATA[Ralph Regenvanu]]></category>
		<guid isPermaLink="false">https://asiapacificreport.nz/?p=75127</guid>

					<description><![CDATA[RNZ Pacific Vanuatu&#8217;s Speaker was forced to suspend a special parliamentary sitting today after the opposition and several government MPs did not turn up. They were protesting against the government&#8217;s plans to push through major constitutional amendments. Speaker Seoule Simeon adjourned the session due to a lack of quorum until next Friday. LISTEN: Opposition leader ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>Vanuatu&#8217;s Speaker was forced to suspend a special parliamentary sitting today after the opposition and several government MPs did not turn up.</p>
<p>They were protesting against the government&#8217;s plans to push through major constitutional amendments.</p>
<p>Speaker Seoule Simeon adjourned the session due to a lack of quorum until next Friday.</p>
<ul>
<li><a href="https://podcast.radionz.co.nz/pacn/dateline-20220609-0602-growing_opposition_to_vanuatu_constitutional_amendments-128.mp3"><strong>LISTEN:</strong> Opposition leader Ralph Regenvanu talks to <em>Pacific Waves</em></a></li>
<li><a href="https://asiapacificreport.nz/?s=Vanuatu+politics"><strong>READ MORE:</strong> Other Vanuatu political crisis reports</a></li>
</ul>
<p>Prime Minister Bob Loughman&#8217;s government needs the support of 34 MPs out of 52 to make changes to the country&#8217;s constitution.</p>
<p>But Loughman&#8217;s side was short by 3 MPs after the boycott by 7 MPs from the Reunion of Movement for Change party, led by former prime minister Charlot Salwai.</p>
<p>Opposition leader Ralph Regenvanu confirmed this morning the government had repealed &#8220;certain items&#8221; from the 16 proposed overnight after objections.</p>
<p><strong>Two &#8216;disturbing proposals&#8217;</strong><br />
But Regenvanu said: &#8220;There are two very disturbing and dangerous proposals in these Parliamentary amendments which directly attack good governance in the country.&#8221;</p>
<p>The two changes include introducing a term of five years for the office of Chief Justice, and a change to the process for the appointment of the Ombudsman.</p>
<p>Regenvanu said previously the Ombudsman was appointed by the President after consultation with the prime minister, the speaker, leaders of political parties, presidents of the council of chiefs and provincial councils, chairman of the Public Service Commission and the Judicial Services Commission.</p>
<p>However, the amendment will only require the president to make the appointment after consulting the prime minister.</p>
<p>Regenvanu has confirmed the opposition will also not attend the Parliament session next Friday.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
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		<title>Petition to officially name country Aotearoa delivered to Parliament</title>
		<link>https://asiapacificreport.nz/2022/06/02/petition-to-officially-name-country-aotearoa-delivered-to-parliament/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 02 Jun 2022 11:52:31 +0000</pubDate>
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		<category><![CDATA[referendum]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=74816</guid>

					<description><![CDATA[By Giles Dexter, RNZ News political reporter New Zealand&#8217;s Te Pāti Māori has handed over its petition &#8212; with 70,000 signatures &#8212; calling for the country to officially be named Aotearoa. It is on our passports, on our money, and in our national anthem. But Aotearoa is not our official name, yet. The petition was ]]></description>
										<content:encoded><![CDATA[<p><em>By <a href="https://www.rnz.co.nz/authors/giles-dexter">Giles Dexter</a>, <a href="https://www.rnz.co.nz/news/political/468391/petition-to-officially-name-country-aotearoa-delivered-to-parliament">RNZ News</a> political reporter</em></p>
<p>New Zealand&#8217;s Te Pāti Māori has handed over its petition &#8212; with 70,000 signatures &#8212; calling for the country to officially be named Aotearoa.</p>
<p>It is on our passports, on our money, and in our national anthem. But Aotearoa is not our official name, yet.</p>
<p>The petition was delivered to Parliament today. It calls to change the country&#8217;s official name to Aotearoa, and begin a process to restore te reo Māori names for all towns, cities, and places by 2026.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Aotearoa+te+reo"><strong>READ MORE:</strong> Other te reo Māori reports</a></li>
</ul>
<p>&#8220;Whether you&#8217;re for or against, the thing is everyone knows that Aotearoa is a legitimate name given to this country by Kupe &#8212; not by Governor Grey or any written book, this is well before any of those things,&#8221; Te Pāti Māori co-leader Rawiri Waititi said.</p>
<p>Te Reo fluency among Māori dropped from 90 percent in 1910 to 26 percent in 1950.</p>
<p>Today, just 20 percent of the Māori population speak it. That&#8217;s three percent of the whole country.</p>
<p>Waititi said the only way to restore the language was to make it visible in as many places as possible.</p>
<p><strong>&#8216;Pebble being dropped in the water&#8217;</strong><br />
&#8220;This is the pebble being dropped in the water, the initial pebble hitting the water. And what it&#8217;ll do, from now for many years to come, is those ripples will continue to get bigger and bigger.&#8221;</p>
<p>The petition now goes to a select committee, which will decide what to do next. Whether that was a bill or even a public referendum, it had already succeeded, Waititi said.</p>
<p>&#8220;It&#8217;s starting the dialogue, it&#8217;s building awareness. It has started a wananga across the country.&#8221;</p>
<p>National leader Christopher Luxon said changing the name was a constitutional issue.</p>
<p>&#8220;I think those are decisions for the New Zealand people, if there&#8217;s widespread support it should go to referendum and it should be a decision that they get to make. It&#8217;s not something the government makes,&#8221; he said.</p>
<p>But just last week Luxon posted a tribute in te reo Māori to kaumatua Joe Hawke, resulting in a tirade of anti-Māori remarks from National supporters.</p>
<p>Waititi brushed off any backlash the petition, and by extension he, received.</p>
<p>&#8220;If they&#8217;re getting their undies in a twist, that&#8217;s their undies, not my undies,&#8221; he said.</p>
<p><strong>Time for a discussion</strong><br />
Government ministers said it was time for a discussion over changing the name, but were not actually committing to one.</p>
<p>&#8220;These things evolve over time, but it&#8217;s up to every New Zealander to be part of the debate,&#8221; Andrew Little said.</p>
<p>&#8220;I&#8217;m mindful that representatives from Ngāi Tahu have pointed out that Aotearoa tends to focus on the North Island, but that&#8217;s a debate that can rightly happen,&#8221; David Clark said.</p>
<p>Associate Health Minister Ayesha Verrall admitted she had not given it any thought.</p>
<p>&#8220;But I&#8217;m very comfortable having the country referred to as Aotearoa-New Zealand,&#8221; she said.</p>
<p>Deputy Prime Minister Grant Robertson said it was not something the Labour caucus had discussed, while Michael Wood called for open-mindedness.</p>
<p>&#8220;I think any question like that needs to be worked through really carefully. It&#8217;s the name of our country, the identity of our country,&#8221; he said.</p>
<p><strong>Labour&#8217;s Māori caucus divided<br />
</strong>Labour&#8217;s Māori caucus was somewhat divided</p>
<p>&#8220;I think we should have a good conversation about it. I&#8217;ve personally got no problems with us using Aotearoa but it&#8217;s a question for the whole country,&#8221; Kelvin Davis said.</p>
<p>Minister of Māori Development Willie Jackson supported the use of Aotearoa, but said he had recently been travelling around the country, speaking to Māori communities, and changing the country&#8217;s name never came up.</p>
<p>&#8220;We have other kaupapa more important right now,&#8221; he said.</p>
<p>Peeni Henare believed the country was ready.</p>
<p>&#8220;I&#8217;m encouraging one and all to have a very mature debate over what I think is a pretty cool kaupapa,&#8221; he said.</p>
<p>Artist Hohepa Thompson, also known as Hori, backed the petition.</p>
<p><strong>Hori&#8217;s Pledge response</strong><br />
Hori&#8217;s Pledge is a response to billboards popping up around the country saying &#8220;New Zealand, not Aotearoa&#8221;, funded by lobby group Hobson&#8217;s Pledge.</p>
<p>Thompson had been driving across Te Ika a Maui, with his own billboard in tow, to call for change.</p>
<p>He believed a hyphenated &#8216;Aotearoa-New Zealand&#8217; would not go far enough.</p>
<p>&#8220;Māori have taken the backseat for many, many times. So when it comes to Aotearoa-New Zealand, let&#8217;s have this. Aotearoa, boom.&#8221;</p>
<p>The most positive conversations on his trip came from people who did not even know Pākehā history, he said.</p>
<p>&#8220;The only renaming that happened here was from that side. So we&#8217;re not trying to create &#8216;change&#8217;, were just re-instating what was already here.&#8221;</p>
<p>He pointed out a similar subject that took place recently.</p>
<p>Three years ago, some said a national holiday for Matariki would never happen. Later this month, it will be officially celebrated for the first time.</p>
<p><i><em>This article is republished under a community partnership agreement with RNZ. </em></i></p>
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		<title>&#8216;Respect&#8217; work of journalists and media, Masi tells Solomons police</title>
		<link>https://asiapacificreport.nz/2022/04/21/respect-work-of-journalists-and-media-masi-tells-solomons-police/</link>
		
		<dc:creator><![CDATA[Pacific Media Watch]]></dc:creator>
		<pubDate>Thu, 21 Apr 2022 04:45:44 +0000</pubDate>
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		<category><![CDATA[Filming]]></category>
		<category><![CDATA[Georgina Kekea]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=73118</guid>

					<description><![CDATA[Pacific Media Watch newsdesk The Media Association of Solomon Islands (Masi) has called on the police to respect journalists and media workers when carrying out their work in a public space after officers harassed two media people trying to film the prime minister, reports the Solomon Star. Masi said in a statement that the incident ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/category/pacific-media-watch/">Pacific Media Watch</a> newsdesk<br />
</em></p>
<p>The Media Association of Solomon Islands (Masi) has called on the police to respect journalists and media workers when carrying out their work in a public space after officers harassed two media people trying to film the prime minister, <a href="https://www.solomonstarnews.com/">reports the <em>Solomon Star</em></a>.</p>
<p>Masi said in a statement that the incident happened at the National Parliament precinct this week when police confronted two members of the press, asking them not to film Prime Minister Manasseh Sogavare on his arrival.</p>
<p>Masi president Georgina Kekea said Solomon Islands was a democratic country and freedom of the press was guaranteed under article 12 of the Constitution.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Press+freedom+in+Solomon+islands"><strong>READ MORE:</strong> Other reports on press freedom in Solomon Islands</a></li>
</ul>
<p>She said Sogavare was a public figure and the incident happened when he was carrying out his duty as a parliamentarian and prime minister of his country.</p>
<p>Masi was surprised to hear of the incident and Kekea said it was hoped that it was just a mistake by the police.</p>
<p>“If the press are not allowed to carry out their duties without fear or intimidation, then we are doomed as a democratic country,&#8221; Kekea said.</p>
<p>&#8220;There are different roles that each of us play in society and the police must respect this.</p>
<p>&#8220;Had the incident occurred at the prime minister’s private residence, then it should be a concern for his Close Personal Protection team.</p>
<p><strong>&#8216;A national duty&#8217;</strong><br />
&#8220;However, this incident occurred just in the Parliament precinct where he was on his way to carry out a national duty. This should not be an issue at all,” the Masi president said.</p>
<p>Kekea said members of the press were &#8220;not the enemy&#8221; and should not be treated as such either. She said journalists were doing their jobs just like any other profession.</p>
<p>“Our job is to gather information through interviews, filming and of course we write news pieces and present them to the public. I know there are instances where a few articles published by the press are deemed irresponsible.</p>
<p>&#8220;This however should not be the reason to restrict journalists or members of the press from doing their job.</p>
<p>&#8220;If the police or the government is concerned about such articles being a threat to national security, they should work on improving or developing effective communication strategies.&#8221;</p>
<p>Kekea said the action by the police showed a lack of understanding of the work of journalists and the role of the media.</p>
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		<title>Northern Marianas governor Torres impeached over corruption allegations</title>
		<link>https://asiapacificreport.nz/2022/01/13/northern-marianas-governor-torres-impeached-over-corruption-allegations/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 13 Jan 2022 02:27:43 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=68625</guid>

					<description><![CDATA[RNZ Pacific The House of Representatives in the Northern Marianas has voted to impeach Governor Ralph Torres, approving six articles of impeachment against him. With 15 &#8220;yes&#8221; votes, four &#8220;no&#8221; votes, and one abstention, the House passed a resolution impeaching Torres for alleged commission of felonies, corruption, and neglect of duty, in violation of the ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>The House of Representatives in the Northern Marianas has voted to impeach Governor Ralph Torres, approving six articles of impeachment against him.</p>
<p>With 15 &#8220;yes&#8221; votes, four &#8220;no&#8221; votes, and one abstention, the House passed a resolution impeaching Torres for alleged commission of felonies, corruption, and neglect of duty, in violation of the CNMI Constitution.</p>
<p>Before and during the House session that voted on the impeachment articles, a large crowd made of pro-Torres and pro-impeachment groups gathered around the Legislature to have their voices heard.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Northern+Marianas"><strong>READ MORE:</strong> Other Northern Marianas reports</a></li>
</ul>
<p>Police were monitoring the crowds at the Legislature.</p>
<p>Representative Christina Sablan, who is running for governor against Torres in this year&#8217;s gubernatorial elections, said the impeachment resolution arises out of more than two years of legislative investigation, especially in the last seven months, through the diligent and meticulous work of the House Judicial and Governmental Operations Committee.</p>
<p>Torres immediately came out of the Legislature with a statement lambasting the Democrat Party-controlled House after being impeached.</p>
<p>&#8220;It is unfortunate to witness the hatred and the willful spread of misinformation from the mouths of certain individuals, as evidenced by the calls for impeachment and the demonstration held outside of the Legislature.&#8221;</p>
<p><strong>Advocating for &#8216;united Commonwealth&#8217;</strong><br />
He added that he had been advocating for his administration and the House to work collaboratively as one united Commonwealth. However, politically-motivated members of the House of Representatives had chosen time and time against this.</p>
<p>&#8220;Instead, they have chosen to pursue a witch hunt in order to perpetuate this notion that I am a corrupt leader who does not care for the well-being of my home and its people. Those who know me and who have worked with me know that this could not be true.&#8221;</p>
<p>Now the Senate will decide whether to acquit Torres or convict and remove him from office.</p>
<p>The Republican Party, where Ralph Torres is the titular head, controls the nine-member Senate and Torres has reiterated in the past that he has utmost confidence in the upper chamber&#8217;s impartiality in the trial.</p>
<p>The Senate will need a two-thirds vote &#8212; six votes &#8212; to convict and remove Torres.</p>
<p>Governor Torres has become just the second governor in Northern CNMI history to be impeached.</p>
<p>Former governor Benigno Fitial was the first governor to be impeached, when 16 representatives voted for his impeachment in 2013. Fitial resigned before the Senate could start the trial.</p>
<p><em>This article is republished under a community partnership agreement with RNZ. </em></p>
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		<title>West Papuans to open branch office in Port Moresby, Wenda confirms</title>
		<link>https://asiapacificreport.nz/2022/01/11/west-papuans-to-open-branch-office-in-port-moresby-wenda-confirms/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Mon, 10 Jan 2022 22:45:53 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=68549</guid>

					<description><![CDATA[Asia Pacific Report newsdesk The United Liberation Movement for West Papua (ULMWP) plans to open a government branch office in the neighbouring Papua New Guinean capital of Port Moresby along with diplomacy offices to be based in Europe and the United Kingdom. In a New Year message from interim president Benny Wenda, he has confirmed ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/">Asia Pacific Report</a> newsdesk</em></p>
<p>The United Liberation Movement for West Papua (ULMWP) plans to open a government branch office in the neighbouring Papua New Guinean capital of Port Moresby along with diplomacy offices to be based in Europe and the United Kingdom.</p>
<p>In a New Year message from interim president Benny Wenda, he has confirmed a strategic office reshuffle around the world.</p>
<p>&#8220;The headquarters will be based inside West Papua, and the international office in Port Vila,&#8221; he said in the statement.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=West+Papua"><strong>READ MORE:</strong> Other West Papua reports</a></li>
</ul>
<p>&#8220;We are opening a government branch in Port Moresby, and our diplomatic coordination offices will be based in the UK and Europe.</p>
<p>&#8220;This is another step in our long road to reclaiming the sovereignty stolen from us by Indonesia in 1963.</p>
<p>&#8220;With the formation of our constitution, provisional government, cabinet and Green State Vision, all Indonesian laws in West Papua are over.&#8221;</p>
<p>Wenda said the Indonesian presence was &#8220;totally illegal, and totally redundant&#8221;.</p>
<p>&#8220;With our clandestine government departments operating within our borders, all West Papuans and Indonesian migrants working under our jurisdiction are now governed by the ULMWP,&#8221; said Wenda.</p>
<p><strong>Presidential demands</strong><br />
The West Papua military wing and any organisation affiliated to the West Papua National Coalition for Liberation, the West Papua National Parliament, or the Federal Republic of West Papua &#8212; the three constituent organisations within the ULMWP &#8212; were automatically considered part of the provisional government.</p>
<p>&#8220;Everyone must respect our constitution, whether you are inside West Papua or part of our international solidarity networks. The world must trust us and our constitution &#8212; we want peace for all in the region and internationally, and to democratically govern ourselves,&#8221; Wenda said.</p>
<p>&#8220;I encourage all NGOs, churches and religious leaders, every West Papuan inside and in exile, to unite and pray for the provisional government. Support everyone within the government working to end our long suffering and complete our 60 year struggle.&#8221;</p>
<p>Wenda said the demands to the Indonesian President in 2022 remained those that had been first issued during the West Papua Uprising in 2019:</p>
<p>1. Hold a referendum on West Papuan independence;<br />
2. Allow international supervision of any referendum;<br />
3. Allow the UN High Commissioner for Human Rights into West Papua in accordance with the demand of 84 UN member states;<br />
4. Withdraw all troops from West Papua, including the 21,000 additional troops deployed since December 2018, and end the Indonesian military’s illegal war;<br />
5. Release all political prisoners, including Victor Yeimo and the &#8220;Abepura Eight&#8221;; and<br />
6. Allow all international journalists and human rights, humanitarian and monitoring groups into West Papua to visit internally-displaced people in Nduga, Puncak, Intan Jaya, Oksibil, Maybrat and elsewhere.</p>
<p>&#8220;In 2022, we will redouble all efforts in our long struggle for the liberation of our nation,&#8221; Wenda said.</p>
<p>&#8220;We will peacefully bring an end to this bloodshed.&#8221;</p>
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		<title>Pacific media dangers: &#8216;I had death threats and my tyres slashed for my reporting&#8217;</title>
		<link>https://asiapacificreport.nz/2022/01/10/pacific-media-dangers-i-had-death-threats-and-my-tyres-slashed-for-my-reporting/</link>
		
		<dc:creator><![CDATA[Pacific Media Watch]]></dc:creator>
		<pubDate>Mon, 10 Jan 2022 08:39:05 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=68508</guid>

					<description><![CDATA[SPECIAL REPORT: By Joyce McClure in Guam I spent five years as the lone journalist on the remote Pacific island of Yap. During that time I was harassed, spat at, threatened with assassination and warned that I was being followed. The tyres on my car were slashed late one night. There was also pressure on ]]></description>
										<content:encoded><![CDATA[<p><strong>SPECIAL REPORT:</strong> <em>By Joyce McClure in Guam</em></p>
<p>I spent five years as the lone journalist on the remote Pacific island of Yap. During that time I was harassed, spat at, threatened with assassination and warned that I was being followed.</p>
<p>The tyres on my car were slashed late one night.</p>
<p>There was also pressure on the political level. The chiefs of the traditional Council of Pilung (COP) asked the state legislature to throw me out of the country as a “persona non grata” claiming that my journalism “may be disruptive to the state environment and/or to the safety and security of the state”.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2019/05/03/pacific-media-freedom-and-news-black-holes-worsen-for-world-press-day/"><strong>READ MORE: </strong> Pacific media freedom and news ‘black holes’ worsen for World Press Freedom Day</a></li>
<li><a href="https://asiapacificreport.nz/category/pacific-media-watch/">Pacific Media Watch reports</a></li>
<li><a href="https://asiapacificreport.nz/?s=Asia-Pacific+media+freedom">Media freedom in the Asia Pacific region</a></li>
</ul>
<p>During a public hearing of the Yap state legislature in September 2021, 14 minutes of the 28-minute meeting was spent complaining about an article of mine that reported on the legislature’s initially unsuccessful attempt to impeach the governor.</p>
<p>One politician then posted about me on his Facebook page, under which a member of the public posted a comment saying I should be assassinated.</p>
<p>American Bill Jaynes, editor of the <em>Kaselehlie Press</em> in Pohnpei, one of Yap’s sister states in the <a href="https://www.theguardian.com/world/micronesia">Federated States of Micronesia (FSM)</a>, has had his share of death threats over the years, too.</p>
<p><strong>Several death threats</strong><br />
“In the 15 or so years I’ve been at this desk I have had several death threats,” he said.</p>
<p>“Early on in my tenure, some angry individual carved a request for me to perform an act of physical impossibility into the hood of my car which then rusted for posterity. Most of that was during the early days before I came to be trusted to view things from an FSM rather than a foreigner’s point of view and to handle things factually rather than sensationally.”</p>
<p>Freedom of the press is included in both the FSM and the Yap State Constitution, but as Leilani Reklai, publisher and editor of the <em>Island Times</em> newspaper in Palau and president of the Palau Media Council, says: “Freedom of the press in the constitution is pretty on paper but not always a reality.”</p>
<p>These incidents are shocking, but sadly are not isolated. Journalists in the Pacific face imprisonment, loss of employment and banishment from their homes.</p>
<p>“While there might not be assassinations, murders, gagging, torture and ‘disappearances’ of journalists in Pacific island states, threats, censorship and a climate of self-censorship are commonplace,” professor David Robie, founding editor of <a href="https://ojs.aut.ac.nz/pacific-journalism-review/"><em>Pacific Journalism Review</em></a>, <a href="https://theconversation.com/pacific-countries-score-well-in-media-freedom-index-but-reality-is-far-worse-116373">wrote in a 2019 article for <em>The Conversation</em></a>.</p>
<p>A Fijian journalist, who asked to remain anonymous, said that after he posed questions to a politician during a public forum, the politician replied that he knew where the reporter lived. The following day, the reporter’s car was broken into.</p>
<p>Soon after, the reporter was told that if he didn’t stop being critical, he would be kicked out of his job “and can go bag groceries instead” and he was evicted from his housing. The reporter believes all of these incidents stemmed from the questions he asked of the politician.</p>
<p>“Within one week my life changed completely,” he said. “I do not see a future for me or any other journalist who is curious and questioning to make a career in journalism in Fiji.”</p>
<p><strong>Fiji ranked 55th in world</strong><br />
According to the <a href="https://rsf.org/en/ranking">Reporters Without Borders’ 2021 World Press Freedom Index</a>, Fiji is ranked as 55th out of 179.</p>
<p>The index highlights the “draconian” Media Industry Development Decree, introduced in 2010 and turned into law in 2018. “Those who violate this law’s vaguely-worded provisions face up to two years in prison. The sedition laws, with penalties of up to seven years in prison, are also used to foster a climate of fear and self-censorship,” said Reporters Without Borders.</p>
<p>In 2018, senior journalist Scott Waide of Papua New Guinea was suspended by EMTV after the airing of his report critical of the government for <a href="https://www.theguardian.com/world/2018/oct/12/papua-new-guinea-imports-40-maseratis-to-transport-apec-delegates">purchasing 40 luxury Maseratis and three Bentleys</a> to drive attendees during the APEC conference.</p>
<p><a href="https://www.theguardian.com/world/2018/nov/26/journalists-protest-against-suspension-of-png-reporter-over-apec-maseratis-story">Reinstated after a public and media outcry</a>, Waide stated during an interview on ABC’s <em>Pacific Beat</em> programme: “Increasingly, not just EMTV, but nearly every other media organisation in Papua New Guinea has been interfered with by their boards or with politicians, or various other players in society.</p>
<p>&#8220;They’re doing it with impunity. It’s a trend that’s very dangerous for democracy.”</p>
<p>Daniel Bastard, Asia-Pacific director of Reporters Without Borders, said the situation is complicated by how small and connected <a href="https://asiapacificreport.nz/?s=Pacific+media+freedom">many Pacific nations are</a>.</p>
<p>“The fact is that political leaders are also economic bosses so there’s a nexus. It’s symptomatic of the small journalistic communities in the Pacific islands that need to deal with the political community to get access to information. They have to be careful when they criticise knowing the government can cut advertising, publicity, etc. There’s still a strong level of intimidation.”</p>
<p>While there are particular dangers faced by local journalists, foreign reporters living in the Pacific are not safe either.</p>
<p><strong>Denied renewal of work permit</strong><br />
Canadian Dan McGarry, former media director of the <em>Vanuatu Daily Post</em> and a resident of the island nation for nearly 20 years, was <a href="https://www.theguardian.com/world/commentisfree/2019/nov/11/vanuatu-has-cancelled-my-work-permit-its-a-dark-day-for-media-freedom">denied renewal of his work permit in 2019</a>. The reason given was that his job should be held by a local citizen.</p>
<p>But McGarry said he believed it was politically motivated due to his reporting on “Chinese influence” in the small nation. He was then denied re-entry to Vanuatu after ironically attending a forum on press freedom in Brisbane.</p>
<p>Regional and international news organisations came to his defence and the <a href="https://www.theguardian.com/world/2019/nov/18/plain-cruel-vanuatu-stops-newspaper-chief-boarding-plane-home-after-china-stories">court granted McGarry re-entry</a>, but the newspaper’s appeal to have his work permit renewed is ongoing.</p>
<p>I have written about some sensitive and difficult topics and like to think of myself as pretty fearless. In 2018 I wrote about illegal fishing by Chinese commercial fishing boats around the Outer Island of Fedrai. That coverage resulted in the expulsion of the fishing vessel and significant political consequences.</p>
<p>I’ve written about issues in the customs and immigration processes in FSM, that were potentially jeopardising tourism to Yap, which is so important to so many people’s livelihoods, and also about a huge and controversial proposed resort that would have seen thousands and thousands of Chinese tourists flown in to that tiny island on charter flights.</p>
<p>These stories matter and just because some Pacific nations are small and remote does not mean that they do not need or deserve the scrutiny of a free press.</p>
<p>But eventually, the threats to my safety were too much to handle. I spent too much time looking over my shoulder, living behind locked doors and never going out alone after dark.</p>
<p>In mid-2021, I moved to Guam for greater peace of mind where I am continuing to write about this largely invisible, but crucial part of the world.</p>
<p><em>Joyce McClure is a freelance journalist based in Guam. This article was first published by <a href="https://www.theguardian.com/world/series/the-pacific-project">The Guardian&#8217;s Pacific Project</a> and has been republished with permission.</em></p>
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		<title>New Caledonia faced with uncertainty over Noumea Accord legacy</title>
		<link>https://asiapacificreport.nz/2021/12/13/new-caledonia-faced-with-uncertainty-over-noumea-accord-legacy/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Mon, 13 Dec 2021 05:09:27 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=67605</guid>

					<description><![CDATA[RNZ Pacific A law professor in Noumea says New Caledonia is now faced with a period of high uncertainty &#8212; be it political, economic or institutional. Mathias Chauchat said referendum voters were made to believe that with yesterday&#8217;s no vote, the provisions of the 1998 Noumea Accord had become void. The Noumea Accord lapsed with ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>A law professor in Noumea says New Caledonia is now faced with a period of high uncertainty &#8212; be it political, economic or institutional.</p>
<p>Mathias Chauchat said referendum voters were made to believe that with yesterday&#8217;s no vote, the provisions of the 1998 Noumea Accord had become void.</p>
<p>The Noumea Accord lapsed with yesterday&#8217;s third referendum on full sovereignty.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2021/12/13/new-caledonia-votes-non-but-huge-kanak-boycott-of-french-referendum/"><strong>READ MORE:</strong> New Caledonia votes ‘non’ – but huge Kanak boycott of French referendum</a></li>
<li><a href="https://asiapacificreport.nz/2021/12/10/betrayal-of-kanaky-decolonisation-by-paris-risks-return-to-dark-days/">Betrayal of Kanaky decolonisation by Paris risks return to dark days </a></li>
<li><a href="https://doi.org/10.24135/pjr.v25i1.477">Independence for Kanaky: A media and political stalemate or a ‘three strikes’ Frexit challenge?</a> — <em>Backgrounder</em></li>
<li><a href="https://asiapacificreport.nz/2021/12/11/i-support-kanaky-new-caledonian-independence-but-why-im-not-voting/">I support Kanaky New Caledonian independence – but why I’m not voting</a></li>
<li><a href="https://asiapacificreport.nz/?s=New+Caledonia+referendum">Other New Caledonia referendum reports</a></li>
</ul>
<p>However, Chauchat told Caledonia TV even after three no votes, the structures created by the Noumea Accord remained in place because their irreversibility was enshrined in the French constitution.</p>
<p>He said the no campaign was selling its supporters a dream of being able to change them like an organic law as it was possible in all other French overseas departments and territories.</p>
<p>But Chauchat said that to change accord provisions, there first needed to be a 60 percent majority in both the National Assembly and the Senate to alter the constitution, which in the current political situation was difficult.</p>
<p>He said the provisions cover the entire political construct, including the make-up of the electoral roll, of the assemblies and the collegial government as well as the economic re-balancing within the territory.</p>
<p>Chauchat said the French government may claim that the end of the Accord makes it obsolete, but he said this would end up in France&#8217;s Constitutional Court, where the pro-independence parties would continue their fight for respect of the accord.</p>
<p>As a result, he said, New Caledonia was now faced with instability, particularly over plans to open the electoral roll to more recent arrivals from France, who under the Noumea Accord cannot vote in provincial elections.</p>
<p><strong>Referendum result confirmed<br />
</strong>The French supervisor of New Caledonia&#8217;s third and last independence referendum said the high level of abstention had had no impact on the &#8220;sincerity of the vote&#8221;.</p>
<p>Presenting the official result, Francis Lamy said the rules don&#8217;t make voting mandatory and there was no minimum participation required.</p>
<p>Turnout was 43.9 percent, down from almost 86 percent last year, following a boycott by the pro-independence camp.</p>
<p>A total of 96.5 percent voted against independence.</p>
<p>Lamy also said there had been no significant irregularity and polling was calm.</p>
<p>His assessment was based on reports from more than 250 magistrates and officials deployed to polling stations territory-wide.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
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		<title>Student protests in Indonesia slam 7th year of Jokowi&#8217;s administration</title>
		<link>https://asiapacificreport.nz/2021/10/24/student-protests-in-indonesia-slam-7th-year-of-jokowis-administration/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Sun, 24 Oct 2021 06:42:00 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=65177</guid>

					<description><![CDATA[Asia Pacific Report newsdesk Protesting students have held demonstrations in several cities around Indonesia to mark seven years of President Joko &#8220;Jokowi&#8221; Widodo&#8217;s administration, reports CNN Indonesia. The protests came as President Widodo left Jakarta to officiate at the opening of a palm oil processing factory owned by the PT Jhonlin Group in South Kalimantan. ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/">Asia Pacific Report</a> newsdesk</em></p>
<p>Protesting students have held demonstrations in several cities around Indonesia to mark seven years of President Joko &#8220;Jokowi&#8221; Widodo&#8217;s administration, reports CNN Indonesia.</p>
<p>The protests came as President Widodo left Jakarta to officiate at the opening of a palm oil processing factory owned by the PT Jhonlin Group in South Kalimantan.</p>
<p>The largest demonstration was held in Jakarta on Thursday where protesters led by the National Association of University Student Executive Bodies (BEM SI) marched from the National Library to the State Palace in Central Jakarta.</p>
<ul>
<li><a href="https://asiapacificreport.nz/2021/10/22/nz-dairy-industry-linked-to-illegal-indonesian-plantations-says-report/"><strong>READ MORE:</strong> Damning new Greenpeace Indonesia report on the palm oil rainforest devastation</a></li>
</ul>
<p>The protesters were stopped at the Horse Statue because of a police blockade. However, there was no physical confrontation and the student took turns in giving speeches in front of the police blockade.</p>
<p>&#8220;Today, we are not here for existence, but to bring a clear substance,&#8221; said Boy, a representative from the Tanjung Karang Polytechnic during the action near the Horse Statue.</p>
<p>The demonstrators read out 12 demands after being prevented from approaching the State Palace.</p>
<p>One of the demands was that a regulation in lieu of law (Perppu) be issued to annul the revisions to the Corruption Eradication Commission (KPK) Law.</p>
<p>A similar action was also held in the South Sulawesi provincial capital of Makassar.</p>
<p>The difference was that the students in Makassar blockaded Jalan Sultan Alauddin street, detained two trucks and set fire to used tyres.</p>
<p>The field coordinator of the student action in Makassar, Razak Usman, criticised the government&#8217;s alleged bias in development and demanded that President Widodo make pro-people policies.</p>
<p>&#8220;We demand the upholding of legal supremacy, reject amendments to the constitution, reject the Omnibus Law, want Law Number 19/2019 revoked, reject simultaneous regional elections, reject the removal of fuel subsidies and urge Jokowi to resolve the handling of Covid-19,&#8221; said Usman.</p>
<p>Students in the Central Java provincial capital of Semarang held a long-march from the Old City area to the office of the Central Java Governor, Ganjar Pranowo.</p>
<p>Upon arriving at the governor&#8217;s office they took turns in giving speeches. A number of different issues were taken up, including resolving past human rights violations, the Omnibus Law on Job Creation and the weakening of the KPK.</p>
<p>&#8220;What has resulted from Jokowi so far? Where are his promises?,&#8221; asked action coordinator Fajar Sodiq.</p>
<p>&#8220;Resolving past human rights violations are not heard, the Omnibus Law oppresses the ordinary people, and now we are witnessing efforts to weaken the KPK. Where [are the results of] Jokowi&#8217;s work?&#8221;</p>
<p>As the students were protesting, President Widodo was visiting South Kalimantan where he officiated at the opening of a biodiesel factory, a bridge and monitored covid-19 vaccinations.</p>
<p>The biodiesel factory, which is located in Tanah Bumbu, is managed by the PT Jhonlin Group owned by Samsudin Andi Arsyad alias Haji Isam.</p>
<p>President Widodo said he appreciated the processing of palm oil into biodiesel and said he hoped that other countries would follow Jhonlin&#8217;s example in processing palm oil into biofuel.</p>
<p>&#8220;Downstreaming, industrialisation, must be done and we must force ourselves to do it. Because of this, I greatly respect what is being done by the PT Jhonlin Group in building a biodiesel factory&#8221;, said Widodo.</p>
<p>Meanwhile, Greenpeace Indonesia has published a <a href="https://asiapacificreport.nz/2021/10/22/nz-dairy-industry-linked-to-illegal-indonesian-plantations-says-report/">damning new report about Indonesia&#8217;s palm oil industry</a> and the devastation of rainforests.</p>
<p><em>Translated by James Balowski for Indoleft News. The original title of the article was <a href="https://www.cnnindonesia.com/nasional/20211021165505-20-710591/demo-di-sejumlah-kota-jokowi-resmikan-pabrik-di-kalsel">&#8220;Demo di Sejumlah Kota, Jokowi Resmikan Pabrik di Kalsel&#8221;</a>.</em></p>
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		<title>Fiji&#8217;s Constitution Day? Nothing but a &#8216;national joke&#8217;, says Prasad</title>
		<link>https://asiapacificreport.nz/2021/09/07/fijis-constitution-day-nothing-but-a-national-joke-says-prasad/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Tue, 07 Sep 2021 10:03:03 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=63140</guid>

					<description><![CDATA[Asia Pacific Report newsdesk Fiji celebrated Constitution Day today virtually due to the ongoing civid-19 pandemic crisis, but many see the day as a hollow event not worth celebrating. The national holiday marks the eighth year that the adoption of the controversial and contested 2013 Constitution by the Bainimarama government has been observed. Among the ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/">Asia Pacific Report</a> newsdesk</em></p>
<p>Fiji celebrated Constitution Day today virtually due to the ongoing civid-19 pandemic crisis, but many see the day as a hollow event not worth celebrating.</p>
<p>The national holiday marks the eighth year that the adoption of the controversial and contested 2013 Constitution by the Bainimarama government has been observed.</p>
<p>Among the critics this year is opposition National Federation Party (NFP) leader Professor Biman Prasad who says the document is &#8220;widely rejected&#8221; around the world while being &#8220;frequently ridiculed&#8221; at home in Fiji.</p>
<ul>
<li><a href="https://www.fijitimes.com/chaudhry-queries-need-for-constitution-holiday/"><strong>READ MORE:</strong> Former PM Chaudhry challenges day to mark &#8216;flawed&#8217; constitution</a></li>
<li><a href="https://www.fijitimes.com/fiji-police-reminds-populace-to-avoid-gatherings-this-public-holiday/">Fiji police warn against public holiday gatherings</a></li>
</ul>
<p>&#8220;Every year the FijiFirst Party desperately attempts to talk up the Constitution,&#8221; he <a href="https://www.facebook.com/nfpfiji/posts/1725216814333401">declared in a statement today</a> mocking the document.</p>
<p>&#8220;It even tries to suggest that it is one of the world’s best. Yet no serious constitutional lawyer believes so. Around the world it is widely rejected. In Fiji, it is frequently ridiculed.&#8221;</p>
<p>Prasad said the Constitution was nothing more than &#8220;a piece of paper if it is not honoured in spirit&#8221;.</p>
<p>&#8220;In Fiji, the Constitution does not belong to the people. The people live in fear of its institutions.&#8221;</p>
<p>Dr Prasad spelt out the reasons he believed caused this &#8220;national fear&#8221;:</p>
<ul>
<li>&#8220;Most people live in fear of the government. Many fear police assaults, which are now routine.</li>
<li>&#8220;Other people fear being identified with the opposition, because they will be denied government benefits.</li>
<li>&#8220;People who do not want to be vaccinated are denied welfare. Those who dissent with the government line on vaccinations are arrested.</li>
<li>&#8220;Laws such as Bill 17 [introducing governance changes for indigenous land] are rammed through the Parliament without consultation. Even MPs who criticise these laws are detained and questioned by police.</li>
<li>&#8220;Under our Constitution people have a right to health. Yet this government’s shocking handling of the covid-19 second wave has led to hundreds of deaths, both from the disease and from denied care. We have had some of the highest covid infection rates in the world.</li>
<li>&#8220;Trade unions are refused the right to march to demand workers’ rights. And the government has not increased the already pitiful minimum wage for nearly five years. Even people with full-time work live in poverty.</li>
<li>&#8220;Our Human Rights Commission is supposed to enforce and protect our constitutional rights. Yet it is widely ridiculed as a pro-government mouthpiece and a national joke.&#8221;</li>
</ul>
<p>Dr Prasad lamented that this was the Constitution as Fiji lived it today – &#8220;the so-called &#8216;reality of the matter&#8217;.&#8221;</p>
<p>He pledged a National Federation Party government would abolish “Constitution Day” if elected in Fiji&#8217;s general election next year.</p>
<p>&#8220;We will instead create a Founders’ Day – a day to commemorate the great leaders of Fiji’s past, a reminder to all of us about those who led us in the lead-up to independence and helped to create our country.</p>
<p>&#8220;A NFP government will also reinstate Ratu Sukuna Day as a public holiday.</p>
<p>&#8220;We have been blessed with sound, wise leadership in the past. One day, good leadership will return to our country.&#8221;</p>
<ul>
<li><a href="https://www.fijitimes.com/five-covid-deaths-and-160-new-cases-reported-in-fiji/">Fiji reports five covid-19 deaths</a> and 160 new cases in the reporting period that ended at 8am today.</li>
</ul>
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		<title>&#8216;No jab, no job&#8217; covid policy of PNG employers stirs constitutional row</title>
		<link>https://asiapacificreport.nz/2021/09/04/no-jab-no-job-covid-policy-of-png-employers-stirs-constitutional-row/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Sat, 04 Sep 2021 00:28:45 +0000</pubDate>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Coronavirus]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=62992</guid>

					<description><![CDATA[Asia Pacific Report newsdesk Papua New Guinean chief executives believe the country&#8217;s entire workforce needs to be vaccinated against covid-19 to be fully productive, says Business Council of PNG executive director Douveri Henao. Although there seems to be a large number of vaccine hesitant people, Henao said that sooner or later it would be mandatory ]]></description>
										<content:encoded><![CDATA[<p><em><a href="https://asiapacificreport.nz/">Asia Pacific Report</a> newsdesk<br />
</em></p>
<p>Papua New Guinean chief executives believe the country&#8217;s entire workforce needs to be vaccinated against covid-19 to be fully productive, says Business Council of PNG executive director Douveri Henao.</p>
<p>Although there seems to be a large number of vaccine hesitant people, Henao said that sooner or later it would be mandatory for companies or businesses that have more human contact, reports the <a href="https://postcourier.com.pg/business-vs-human-rights/"><em>PNG Post-Courier</em></a>.</p>
<p>However, Lae Mayor James Khay said business houses in the country&#8217;s second-largest city must not force their employees to be vaccinated as this was against their constitutional rights of freedom of choice.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=PNG+covid+crisis"><strong>READ MORE:</strong> Other PNG covid crisis reports</a></li>
</ul>
<p>Khay said company managers, supervisers, human resource or anybody in management had no right to force their employees to get vaccinated as this was optional, not compulsory.</p>
<p>He said companies imposing strict &#8220;no jab, no job&#8221; policies as a preventive measure against covid-19 must remember that they would be depriving the rights of their employees to decide. This was totally wrong.</p>
<p>The controversy arose after 500 employees of Mainland Holdings Limited (MHL) walked off their jobs in Lae in protest over the their management’s vaccine policy.</p>
<p>Mainland Holdings Limited (MHL) management, in an unsigned circular, has advised staff members who have been vaccinated to come back to work.</p>
<p><strong>Workers&#8217; petition</strong><br />
In the company’s response to a five-point petition presented by staff to the company directors, the company advised:</p>
<ul>
<li>The company’s vaccination policy will not change; and</li>
<li>The company will follow &#8220;Niupela Pasin&#8221; protocols</li>
</ul>
<p>MHL has agreed to pay wages and salaries, long service leave entitlements, rental fees and other entitlements.</p>
<p>All payments will be paid into bank accounts in compliance with company policies</p>
<p>The CEO refused to resign for keeping employees, families and the business safe.</p>
<p>Meanwhile, a major political party in the coalition government has weighed in on the &#8220;no jab, no job&#8221; controversy, saying it would support the people in a fight against companies demanding that their employees get vaccinated or lose their jobs.</p>
<p>The United Labour Party’s acting secretary Ruben Giusu, speaking from Lae, told the <em>Post-Courier</em> citizens had the constitutional right to choose whether or not get the covid-19 vaccine.</p>
<p>He said the party had met with unions in Madang and in discussion with the unions in Morobe Province about this and other issues affecting workers around the country.</p>
<p>“We have also received a petition from the Morobe Union and will be presenting that to the Prime Minister’s office,” he said.</p>
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		<title>Papuans protest over draconian bid by Jakarta to replace Governor Enembe</title>
		<link>https://asiapacificreport.nz/2021/06/28/papuans-protest-over-draconian-bid-by-jakarta-to-replace-governor-enembe/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Sun, 27 Jun 2021 22:11:33 +0000</pubDate>
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		<category><![CDATA[Papuan government]]></category>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=59849</guid>

					<description><![CDATA[SPECIAL REPORT: By Yamin Kogoya Indonesia&#8217;s most troubled province of Papua is become embroiled in another mass demonstration with protesters barricading provincial government buildings and offices over a draconian and undemocratic appointment. The latest unrest is in response to last week&#8217;s controversial appointment of Papua’s Provincial Government Secretary, Dance Yulian Flassy, as Acting Governor of ]]></description>
										<content:encoded><![CDATA[<p><strong>SPECIAL REPORT:</strong><em> By Yamin Kogoya</em></p>
<p>Indonesia&#8217;s most troubled province of Papua is become embroiled in another mass demonstration with protesters barricading provincial government buildings and offices over a draconian and undemocratic appointment.</p>
<p>The latest unrest is in response to last week&#8217;s controversial appointment of Papua’s Provincial Government Secretary, Dance Yulian Flassy, as Acting Governor of Papuan province by Indonesia&#8217;s Home Affairs Minister Tito Karnavian.</p>
<p>It has been alleged that Flassy sent a letter to the Ministry of Home Affairs requesting to be appointed as Acting Governor of Papua.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=West+Papua"><strong>READ MORE:</strong> Other West Papuan reports</a></li>
<li><a href="https://fb.watch/6oLD21BQDU/">See video of the protest on <em>Asia Pacific Report</em> FB page</a></li>
</ul>
<p>The letter no T.121.91/4124/OTDA dated June 24, 2021, was signed by the Ministry of Home Affairs General Director of Regional Autonomy, Akmal Malik.</p>
<p>This sudden appointment shocked Governor Lukas Enembe, who has been in Singapore receiving medical treatment since May. The governor said that he had not been informed nor made aware of the appointment.</p>
<p>He said that this was &#8220;maladministration&#8221; and an attempt to cause more trouble in Papua.</p>
<p><strong>Four points</strong><br />
Governor Enembe wrote a letter to President Jokowi, which outlined four points:</p>
<ol>
<li>Governor Enembe will return to Papua to perform his duty as governor as soon as he is fully recovered;</li>
<li>As an active governor, Governor Enembe has not been consulted, informed about, or agreed to Flassy’s appointment as Acting Governor;</li>
<li>Governor Enembe was elected by his people in accordance with Indonesia&#8217;s constitution to administer the province and lead his people. He stated that when he took office, he took an oath to protect the unitary state of Indonesia. He is disappointed by this kind of unlawful and unconstitutional behaviour coming from the high office; and</li>
<li>Governor Enembe requested President Jokowi to dismiss Flassy from office as he had misused his public portfolio in trying to take office without consulting Governor Enembe.</li>
</ol>
<p>“In addition to these [points], Mr Flassy has already done many things that contradict my policies as Governor,” said Governor Enembe (Fajar Papua.com, June 25).</p>
<figure id="attachment_35475" aria-describedby="caption-attachment-35475" style="width: 500px" class="wp-caption alignright"><img loading="lazy" decoding="async" class="wp-image-35475" src="https://asiapacificreport.nz/wp-content/uploads/2019/02/lukas-enembe-westpapua-680wide-300x229.jpg" alt="Governor Lukas Enembe" width="500" height="382" srcset="https://asiapacificreport.nz/wp-content/uploads/2019/02/lukas-enembe-westpapua-680wide-300x229.jpg 300w, https://asiapacificreport.nz/wp-content/uploads/2019/02/lukas-enembe-westpapua-680wide-80x60.jpg 80w, https://asiapacificreport.nz/wp-content/uploads/2019/02/lukas-enembe-westpapua-680wide-550x420.jpg 550w, https://asiapacificreport.nz/wp-content/uploads/2019/02/lukas-enembe-westpapua-680wide.jpg 674w" sizes="auto, (max-width: 500px) 100vw, 500px" /><figcaption id="caption-attachment-35475" class="wp-caption-text">Governor Lukas Enembe &#8230; receiving medical treatment in Singapore. Image: West Papua Today</figcaption></figure>
<p>The Governor said he was surprised by the fact that Home Affairs Minister Tito Karnavian was the one who granted permission for him to go to Singapore for medical treatment in April. Governor Enembe asked: “Why, then, is Mr. Tinto trying to replace me, knowing that I am still alive and recovering?”</p>
<p>Muhammad Rifai Darus, Governor Enembe&#8217;s spokesperson, said Enembe was still active as the head of Papua&#8217;s regional, provincial government and criticised the appointment in its breach of proper procedure and mechanism (as reported by <em>Papua Today</em> online news, June 25).</p>
<p><strong>Discriminatory move</strong><br />
Ricky Ham Pagawak, the vice-chairman of the Democrat party in Papua, said that this appointment was discriminatory and a civil coup d’état against Governor Lukas&#8217; office (<em>Papua Post</em>, June 26).</p>
<figure id="attachment_59859" aria-describedby="caption-attachment-59859" style="width: 500px" class="wp-caption alignright"><img loading="lazy" decoding="async" class="wp-image-59859 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2021/06/Untitled.png" alt="Dance Yulian Flassy name board" width="500" height="603" srcset="https://asiapacificreport.nz/wp-content/uploads/2021/06/Untitled.png 500w, https://asiapacificreport.nz/wp-content/uploads/2021/06/Untitled-249x300.png 249w, https://asiapacificreport.nz/wp-content/uploads/2021/06/Untitled-348x420.png 348w" sizes="auto, (max-width: 500px) 100vw, 500px" /><figcaption id="caption-attachment-59859" class="wp-caption-text">Papuan provincial office name board for the official named to &#8220;replace&#8221; Governor Enembe as &#8220;Acting Governor&#8221;. Image: APR</figcaption></figure>
<p>Pagawak continues to criticise the appointment by saying the letter was issued in the morning and in the afternoon on the same day Flassy was appointed.</p>
<p>“Is this fair?” he asked.</p>
<p>In response, Papuans have already blocked several government buildings, including the office of the Democrat Party.</p>
<p>“If there is no withdrawal of this appointment from the central government, Papuan people will continue to galvanize mass rallies and occupy provincial office until the matter is fully resolved,” said Pagawak (<em>Suara Papua</em>, June 26).</p>
<figure id="attachment_59861" aria-describedby="caption-attachment-59861" style="width: 500px" class="wp-caption alignright"><img loading="lazy" decoding="async" class="wp-image-59861 size-full" src="https://asiapacificreport.nz/wp-content/uploads/2021/06/Barrier-to-Papuan-sec-office.jpg" alt="Papuan provincial office barrier" width="500" height="667" srcset="https://asiapacificreport.nz/wp-content/uploads/2021/06/Barrier-to-Papuan-sec-office.jpg 500w, https://asiapacificreport.nz/wp-content/uploads/2021/06/Barrier-to-Papuan-sec-office-225x300.jpg 225w, https://asiapacificreport.nz/wp-content/uploads/2021/06/Barrier-to-Papuan-sec-office-315x420.jpg 315w" sizes="auto, (max-width: 500px) 100vw, 500px" /><figcaption id="caption-attachment-59861" class="wp-caption-text">A barrier erected by protesters on the Papuan provincial office. Image: APR</figcaption></figure>
<p>A member of the Papuan Provincial Parliament, Nason Utty, also expressed his disappointment at Flassy’s move, sending a letter to the Ministry of Home Affairs, requesting to be appointed as Acting Governor of Papua.</p>
<p>&#8220;It is inappropriate for the provincial secretary to do this. Mr. Enembe remains the legitimate Governor of the Papuan Province, so this is an important decision that should be consulted first with him,” said Nason Utty (SindoNews.com, June 26).</p>
<p><strong>Severe criticism</strong><br />
Despite the severe criticism by Governor Enembe and Papuans, Luqman Hakim, Vice-Chairman of Commission II of the House of Representatives in Jakarta, said that this appointment was appropriate and proper procedures and mechanisms had been followed.</p>
<p>“The decision of the Minister of Home Affairs to appoint Papua Provincial Secretary, Dance Yulian Flassy, as acting Governor was needed and legitimate. In the principles of constitutional law, it is not permissible for a government to have a power vacuum,&#8221; Hakim told <em>DetikNews</em> reporters (June 26).</p>
<p>There is an element of common sense in Hakim&#8217;s statement – such high office should not be left as a power vacuum infinitely. Especially in Papua, one of the most conflict-ravaged regions of Indonesia and the world.</p>
<p>But even simple rules that govern such as common sense differ significantly between Jakarta and Papua.</p>
<p>In Papua, strong local leadership is needed to respond to never ending impending crises.</p>
<p>However, Jakarta is also notoriously known for introducing harmful policies, opposite to the wishes of Papuan people, which aggravate these conflicts and crises.</p>
<p>One such failed policy is the infamous Papuan Special Autonomy Law No. 21 of 2001, introduced 20 years ago to deflect the ever-growing demand for Papuan independence, following the fall of Suharto&#8217;s 32-year iron fist rule in 1998.</p>
<div class="fb-video" data-href="https://www.facebook.com/asiapacificreportnz/videos/934636117380151/" data-width="500" data-show-text="false"></div>
<p><strong>Autonomy law opposed</strong><br />
This law will expire in November 2021. Jakarta&#8217;s insistence to extend what Papuans regard as a &#8220;failed and dead special autonomy&#8221; policy have already been met with severe criticism and massive rejection by Papuan society.</p>
<p>Exacerbating these situations further, controversial labelling of any Papuans who opposed Jakarta as &#8220;terrorists&#8221; in recent months, following the killing of a senior Indonesian intelligence officer, General I Gusti Putu Danny Karya Nugraha, also sparked outrage among Papuans and Indonesians alike.</p>
<p>Papuan civil society groups and churches strongly rejected this &#8220;terrorist&#8221; label and asked Jakarta to revoke the decision. This harmful label will give the green light for security forces to shoot any Papuan regarded as a West Papua National Liberation Army member.</p>
<p>Local media <em>Suara Papua (Papua Voice)</em> has recorded <a href="https://fb.watch/6mSV5tTSep/">rare shocking footage</a> on the current devastating humanitarian crisis in Papua&#8217;s highlands, as security forces continue to terrorise the locals in their pursuit for Papua’s liberation army.</p>
<p><a href="https://fb.watch/6oGoTqB5Qc/" target="_blank" rel="noopener"><strong>WATCH THE VIDEO ON FACEBOOK &#8211; </strong><em>Suara Papua</em></a></p>
<p>Jakarta&#8217;s unsympathetic approach in not respecting Papuan’s customary practice of 40 days of national mourning for the May 21 passing of their Vice-Governor, Klemen Tinal, rubs salt in Papua&#8217;s deep wounds.</p>
<p>These are among many of Jakarta&#8217;s top-down, draconian policies that fan the burning flames in the hearts of Papuans in this decade-old-conflict-stricken region of the world.</p>
<p>Because the central government doesn&#8217;t even have the courtesy of asking their own elected Governor about the appointment of another Indigenous Papuan as acting Governor, indicates that Jakarta is creating and nurturing conflicts among Papuan indigenous people.</p>
<p><strong>Governors not consulted</strong><br />
Jakarta also did not ask the governors of both provinces (Papua and West Papua) about the impact that the recent &#8220;terrorist&#8221; labelling of Papuans might have on the psychology of the Papuan people.</p>
<p>It seems that Indonesia, a country that prides itself as the world&#8217;s fourth-largest democracy with an ambition to play a role in global affairs, struggles to decide what it stands for –- democracy and freedom? Or something else?</p>
<p>This indecisiveness was demonstrated further when Indonesia decided to join 14 other countries (including North Korea, Cuba, Venezuela, Russia and China) in rejecting a resolution on &#8220;The Responsibility to Protect&#8221; (R2P) and the prevention of genocide, war crimes, ethnic cleansing and crimes against humanity during the vote in the UN Assembly in May this year.</p>
<p>This ambivalence reflects in almost every policy Jakarta has introduced for Papua. We have the ruling elites in Jakarta making statements of removing all Indigenous Papuans from their ancestral homeland.</p>
<p>On the other hand, President Jokowi wants to approach Papua through welfare.</p>
<p>Unfortunately, the same president that talks about welfare also gives orders to his troops for a manhunt looking for &#8220;terrorists&#8221; in West Papua.</p>
<p>The appointment of Flassy as Acting Governor without consulting Governor Lukas Enembe and Papuan people reflects Jakarta&#8217;s tragic mishandling of West Papua.</p>
<p><strong>Practising what is preached</strong><br />
Jakarta should pick what principles and values it wants to live by and handle its affairs with Papuans accordingly.</p>
<p>Otherwise, any meaningful and permanent peace cannot be installed in the land of Papua if Jakarta continues to approach Papua with self-contradictory policies. It’s a case of practising what you preach.</p>
<p>Both Enembe and Flassy are Papuans and should be united in resolving the many challenges that their people face, not fighting over the top jobs. But unfortunately, elites in Jakarta continue to introduce policies that encourage Papuans to be at odds with one another for all sorts of things.</p>
<p>That is the true colour of the old colonial strategy of &#8220;divide and conquer&#8221; at work. We learned what happened over the past 500 years of European colonisation –- they used this strategy in decimate local indigenous populations.</p>
<p>Because of these unfortunate tragedies, Governor Lukas Enembe has stated that people in Papua remain calm and united to protect Papua and not be easily provoked by what is happening.</p>
<p>He has asked if Papuan people want to express their frustrations over the appointment of Dance Yulian Flassy, to do it peacefully without causing harm to all life in the land of Papua.</p>
<p>Muhammad Rifai Darus, Governor Enembe&#8217;s spokesperson, said Governor Enembe was alive and recovering.</p>
<p>When he comes home, he will deal with Jakarta and appoint his Vice-Governor in accordance with proper procedure and mechanism.</p>
<p>In the meantime, he asks the people in Papua to remain calm and not to provide any unnecessary opportunity for the enemy of Papua to use this moment to create more conflict and devastation.</p>
<ul>
<li><em><a href="https://www.researchgate.net/profile/Yamin_Kogoya">Yamin Kogoya</a> is a West Papuan academic who has a Master of Applied Anthropology and Participatory Development from the Australian National University who contributes to Asia Pacific Report. From the Lani tribe in the Papuan Highlands, he is currently living in Brisbane, Queensland, Australia.<br />
</em></li>
<li><a href="https://asiapacificreport.nz/?s=Yamin+Kogoya">Other Yamin Kogoya articles</a></li>
</ul>
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		<title>Vanuatu Supreme Court confirms 19 government MPs lose seats</title>
		<link>https://asiapacificreport.nz/2021/06/18/vanuatu-supreme-court-confirms-19-government-mps-lose-seats/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Fri, 18 Jun 2021 02:10:37 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=59442</guid>

					<description><![CDATA[RNZ Pacific Vanuatu Supreme Court judge Justice Oliver Saksak has upheld a decision by the former Speaker of Parliament to expel 19 government MPs from Parliament. The court ruling could trigger the collapse of Vanuatu&#8217;s government but a subsequent appeal is likely to grant a stay of execution for the administration of Bob Loughman. Gracia ]]></description>
										<content:encoded><![CDATA[<p><a href="https://www.rnz.co.nz/international/pacific-news/"><em>RNZ Pacific</em></a></p>
<p>Vanuatu Supreme Court judge Justice Oliver Saksak has upheld a decision by the former Speaker of Parliament to expel 19 government MPs from Parliament.</p>
<p>The court ruling could trigger the collapse of Vanuatu&#8217;s government but a subsequent appeal is likely to grant a stay of execution for the administration of Bob Loughman.</p>
<p>Gracia Shadrack, who resigned the speakership earlier this week, ruled last week that the 19, who include Prime Minister Loughman, had vacated their seats by failing to attend Parliament on three consecuative days.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Vanuatu+politics"><strong>READ MORE:</strong> Other Vanuatu politics reports</a></li>
</ul>
<p>The 19 MPs had sought a court ruling claiming their constitutional rights had been breached.</p>
<p>The group of MPs is planning to appeal and will seek a stay on the court&#8217;s decision.</p>
<p>If that appeal is rejected there is likely to be 19 byelections in Vanuatu.</p>
<p>It has also been reported locally that the remaining 13 government MPs are being encouraged to consider resigning and so forcing a full election.</p>
<p>The case came after the opposition had lodged a motion for a vote of no confidence which prompted the government to seek to remove the Speaker.</p>
<p>Both those motions were to be heard this past week but the appeal over the vacation of seats took precedence.</p>
<p><em>This article is republished under a community partnership agreement with RNZ.</em></p>
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		<title>Bryan Bruce: So, it’s Queen’s Birthday weekend &#8230; and the paradox that brings</title>
		<link>https://asiapacificreport.nz/2021/06/07/bryan-bruce-so-its-queens-birthday-weekend-and-the-paradox-that-brings/</link>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Sun, 06 Jun 2021 21:30:05 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=58796</guid>

					<description><![CDATA[COMMENT: By Bryan Bruce So, it’s Queen’s Birthday weekend. Except… it’s not her birthday. She was actually born on 21 April 1926. Moving the reigning monarch’s birthday celebration to another day began with George II back in 1748 who was born in November and thought it was too cold in his kingdom to party outdoors ]]></description>
										<content:encoded><![CDATA[<p><strong>COMMENT:</strong> <em>By Bryan Bruce </em></p>
<p>So, it’s Queen’s Birthday weekend.</p>
<p>Except… it’s not her birthday.</p>
<p>She was actually born on 21 April 1926.</p>
<p>Moving the reigning monarch’s birthday celebration to another day began with George II back in 1748 who was born in November and thought it was too cold in his kingdom to party outdoors that time of year.</p>
<ul>
<li><a href="https://www.rnz.co.nz/international/pacific-news/444191/queen-s-birthday-honours-pacific-recognised"><strong>READ MORE:</strong> Pacific Underground members reflect after recognition in Queen&#8217;s honours</a></li>
<li><a href="https://www.rnz.co.nz/news/national/444174/queen-s-birthday-honours-list-announced-for-2021">Who&#8217;s who in the NZ Queen&#8217;s Birthday honours</a></li>
</ul>
<p>So that’s why the Queen’s official birthday bash is usually held on a Saturday in June when it’s warmer in the UK.</p>
<p>Except… it’s colder in New Zealand.</p>
<p>This year it’s officially June 13.</p>
<p>Except… not in New Zealand which is also known as Aotearoa</p>
<p>Except… you won’t find our country called Aotearoa in our Constitution Act (1986) despite the fact that te reo Māori is one of our three official languages.</p>
<p><strong>A Constitution?</strong><br />
We have a Constitution?</p>
<p>Yes we do.</p>
<p>Except… it’s not a written one like in the United States.</p>
<p>Ours sets out a framework of governance in a law, because it arguably makes it easier to change all our other laws to match our beliefs about what’s right and wrong as they change over time.</p>
<p>Except.. some people say this is not a good idea.</p>
<p>Be that as it may, Queen Elizabeth II is our current Head Of State.</p>
<p>Except…she was 95 last April and she did say once she was going to step down when she reached that age and hand over to Charles.</p>
<p>Except.. she’s changed her mind.</p>
<p>Some say that when her reign is over we should become a republic.</p>
<p>Except… if the Crown no longer existed how would that affect the 1840 Treaty of Waitangi rights?</p>
<p>Mmm…</p>
<p>.. maybe that’s why the British sing “God Save the Queen!” so loudly at official events.<br />
Except… which god are they talking about, given the UK is now a multicultural country in which the majority say they no longer believe in the existence of the omnipresent, omniscient, punishing (yet loving) masculine God of the Bible?</p>
<p>Oh… but what the hey …</p>
<p>It’s a holiday!</p>
<p>Enjoy! Relax !</p>
<p>Except… of course, if you are working.</p>
<p>Like me.</p>
<p><em>Asia Pacific Report republishes occasional commentaries by journalist and documentary maker <a href="https://www.facebook.com/www.redsky.tv/">Bryan Bruce</a> with permission. This commentary was first published by <a href="https://thedailyblog.co.nz/2021/06/07/guest-blog-bryan-bruce-so-its-queens-birthday-weekend/">The Daily Blog</a>.<br />
</em></p>
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		<title>Fuimaono Dylan Asafo: Samoan ruling an unfortunate case of judicial overreach</title>
		<link>https://asiapacificreport.nz/2021/06/03/fuimaono-dylan-asafo-samoan-ruling-an-unfortunate-case-of-judicial-overreach/</link>
					<comments>https://asiapacificreport.nz/2021/06/03/fuimaono-dylan-asafo-samoan-ruling-an-unfortunate-case-of-judicial-overreach/#comments</comments>
		
		<dc:creator><![CDATA[APR editor]]></dc:creator>
		<pubDate>Thu, 03 Jun 2021 08:53:47 +0000</pubDate>
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		<guid isPermaLink="false">https://asiapacificreport.nz/?p=58602</guid>

					<description><![CDATA[ANALYSIS: By Fuimaono Dylan Asafo Samoa&#8217;s Court of Appeal (CA) ruled yesterday that Article 44(1A) of the Constitution requires that six women should sit in Parliament. With all due respect, I believe that the CA&#8217;s decision was incorrect. This is on the grounds that the CA has overreached its powers by encroaching on the law-making ]]></description>
										<content:encoded><![CDATA[<p><strong>ANALYSIS:</strong> <em>By Fuimaono Dylan Asafo</em></p>
<p>Samoa&#8217;s Court of Appeal (CA) ruled yesterday that Article 44(1A) of the Constitution <a href="https://asiapacificreport.nz/2021/06/02/samoan-court-voids-appeal-over-additional-womens-seat/">requires that six women should sit in Parliament</a>. With all due respect, I believe that the CA&#8217;s decision was incorrect.</p>
<p>This is on the grounds that the CA has overreached its powers by encroaching on the law-making powers of Parliament and has made an unpragmatic (or impractical) decision that has now prolonged and further complicated Samoa&#8217;s constitutional crisis.</p>
<p>While the CA&#8217;s decision is final and cannot be appealed, I believe that it is still important that this decision be critiqued because the decision has set a dangerous precedent for future judges interpreting the Constitution &#8212; a precedent which essentially signals to them that they can disregard the clear and unequivocal words of the Constitution and insert their own words as they see fit.</p>
<ul>
<li><a href="https://asiapacificreport.nz/?s=Samoan+election+crisis"><strong>READ MORE:</strong> Other Samoan constititutional crisis reports</a></li>
<li><a href="https://asiapacificreport.nz/2021/05/29/samoas-fiame-condemns-defeated-pm-tuilaepas-perverse-actions/">Samoa’s Fiame condemns defeated PM Tuilaepa’s ‘perverse’ actions</a></li>
<li><a href="https://asiapacificreport.nz/2021/06/02/samoan-court-voids-appeal-over-additional-womens-seat/">Samoan court voids appeal over additional women’s seat</a></li>
</ul>
<p>To be clear, nothing in this critique should be taken as my disapproval or dissatisfaction with the fact that more women are now required to sit in Parliament.</p>
<p>It goes without saying that having only six women in a Parliament with 51 seats is shameful for any country and is representative of a deeply entrenched gender inequity problem in Samoa that must be addressed.</p>
<div class="photo-captioned photo-captioned-third photo-right three_col ">
<figure style="width: 288px" class="wp-caption alignright"><img loading="lazy" decoding="async" src="https://www.rnz.co.nz/assets/news/261520/three_col_Dylan_Photo.jpg?1619056921" alt="Dylan Asafo" width="288" height="434" /><figcaption class="wp-caption-text">Fuimaono Dylan Asafo &#8230; &#8220;it&#8217;s important for all Samoans to understand both the dangerous precedent that&#8217;s been set by the CA and the wider implications.&#8221; Image: RNZ</figcaption></figure>
</div>
<p>However, I believe that it is important for all Samoans to understand both the dangerous precedent that has been set by the CA and the wider implications of the decision on Samoa&#8217;s constitutional crisis.</p>
<p>Accordingly, I set out three reasons here why I believe that that the CA&#8217;s decision was incorrect:</p>
<p><strong>1. The CA encroached on the law-making powers of Parliament by ignoring the explicit wording of Article 44 of the Constitution<br />
</strong>As stated in the Supreme Court&#8217;s judgment, the court&#8217;s function is to &#8220;give primary attention to the words used, and the Court does not have the power and ability to go beyond the clear and unequivocal words used&#8221;. This function was made clear in three previous landmark Court of Appeal cases on constitutional interpretation: Attorney-General v Saipaia Olomalu, Mulitalo v Attorney General, and Jackson &amp; Ors v Attorney General.</p>
<p>This statement of the court&#8217;s function recognises the fundamental importance of the doctrine of separation of powers in any democracy. The doctrine of separation of powers follows that it is only for the democratically elected Parliament to make and amend the law (including the Constitution) and the courts, as the unelected independent body, should only interpret and apply the law as Parliament intended and not make or amend the law themselves.</p>
<p>In this case, the &#8220;clear and unequivocal words&#8221; of Article 44(1A)(a) that the Court of Appeal had to apply are: <em>&#8220;&#8230;women Members of the Legislative Assembly shall: (a) consist of a minimum of 10 percent of the Members of the Legislative Assembly specified under clause (1) which for the avoidance of doubt is presently 5&#8221;.</em></p>
<p>Therefore, the CA&#8217;s decision to ignore the explicit wording of Article 44(1A) demonstrates that it consciously chose not to take the correct approach to interpret the Constitution that has been laid down in key landmark cases.</p>
<p>In the CA&#8217;s judgment, they state that &#8220;there is a principled way to resolve the two ideas which are presently before the court&#8230;guided by well-established principles of interpretation from earlier rulings of this Court&#8221;.</p>
<p>In my view, the CA&#8217;s approach to constitutional interpretation was not at all &#8220;principled&#8221;, but bizarre and dubious in a way that hopefully would not be adopted by any courts after them. This dubious approach was supported and encouraged by the arguments submitted by counsel for the appellants, that in my view, were insincere and unduly motivated by political gain.</p>
<p>In adopting this dubious approach, the CA deliberately ignored the great (if not determinative) significance of the passing of the Constitution Amendment Act 2019. This 2019 Act amended Article 44 to increase the number of seats in Parliament from 49 to 51 specifically for the &#8220;2021 general elections&#8221;</p>
<div class="photo-captioned photo-captioned-full photo-cntr eight_col ">
<figure style="width: 629px" class="wp-caption alignnone"><img loading="lazy" decoding="async" src="https://www.rnz.co.nz/assets/news/265328/eight_col_Article44-DylanAsafo.PNG?1622699451" alt="Article 44" width="629" height="458" /><figcaption class="wp-caption-text">The wording of Article 44 in the Samoan Constitution.</figcaption></figure>
</div>
<p>If they gave proper consideration to the impact of the 2019 Act, the CA would have recognised that if Parliament wanted to increase the minimum number of seats for women to six, they would have changed &#8220;five&#8221; to &#8220;six&#8221; while amending Article 44 for the &#8220;2021 general elections&#8221; when they had the chance. However, Parliament did not do this, and the courts are not authorised to do this for them.</p>
<p>Parliament&#8217;s choice to leave &#8220;five&#8221; in Article 44(1A)(a) untouched while amending other parts of the Article 44 specifically should be taken as a clear indication that they intended the minimum number of women to remain &#8220;five&#8221; and not &#8220;six&#8221; for the &#8220;2021 general elections&#8221;. Again, it should be emphasised that under the doctrine of the separation of powers, only Parliament can amend the Constitution as the democratically elected body &#8211; not the unelected judiciary.</p>
<p>In an attempt to reason or justify their disregard for the clear and unambiguous wording of the Constitution, the CA looked to the overall purpose of Article 44(1A) and said that: <em>&#8220;We consider that Article 44 1A [of the constitution] is ambiguous as to the ideas it promotes and that primacy should be given to whichever of the competing ideas best promotes the establishment of human rights practice in Samoa.&#8221;</em></p>
<p>However, the CA knew, or should have known, that it is not for them, as a body of unelected apolitical justices, to consider political matters like what &#8220;best promotes the establishment of human rights practice in Samoa&#8221;. It is only for Parliament to do so as the democratically elected body which has been chosen by the people of Samoa to debate and legislate on these political issues.</p>
<p>This particular separation of powers is in place for a very good reason &#8212; Parliament is the only body that has the capabilities, time and resources to consider submissions from people in Samoa, (including experts and groups specialising in the relevant issues) in order to make the best laws possible that represent the will of the people. In contrast, the courts do not have the capabilities, time and resources to fully consider matters of great importance before making or amending the law (including the Constitution).</p>
<p>More fundamentally, judges and justices of the courts have not been elected by the people or appointed by elected officials based on their political views or sensibilities as MPs have. In fact, they have the constitutional mandate to act apolitically and objectively when interpreting and applying the law.</p>
<p>Therefore, I believe that the CA&#8217;s decision sets a dangerous precedent for other courts to possibly follow, where they have signalled to other judges and justices who&#8217;ll interpret the Constitution that they&#8217;re permitted to disregard clear and unequivocal words of the Constitution and insert their own words as they see fit.</p>
<p><strong>2. The CA has encroached on the law-making powers of Parliament by creating its own process for Article 44(1A)</strong></p>
<p>Another major part of the CA&#8217;s decision is the finding that a sixth woman can only be added only after all petitions and potential byelections have been completed.</p>
<p>For reasons similar to the ones I have given above, I argue that the CA&#8217;s creation of a process for Article 44(1A) was an overreach of their powers because it is only for Parliament to design and explicitly set out this process in the Constitution or any relevant legislation (i.e. the Electoral Act).</p>
<p>This was rightfully respected by Justice Tuatagaloa and Justice Vaai in the Supreme Court, who observed in their joint judgment that Parliament needed to provide:</p>
<p><em>&#8220;Some clarity as to the &#8216;process&#8217; to be followed when Article 44(1A) is activated. There is no process provided in regards to a woman candidate appointed pursuant to Article 44(1A). Section 84 of the Electoral Act refers to successful candidates or elected candidates. Section 2 of the Electoral Act defines the word &#8216;election&#8217; means the election of a Member in a general election or byelection to represent a constituency. The woman candidate coming in through Article 44(1A) is (in our view) not &#8216;elected&#8217;.&#8221;</em></p>
<p>Here, Justice Tuatagaloa and Justice Vaai acknowledge that Parliament (in 2013 and 2019) unfortunately did not provide a clear process for the activation of Article 44(1A). However, both justices chose not to go beyond their constitutional powers to engineer and create this process themselves.</p>
<p>Instead, they appreciated that it is only appropriate for Parliament to create this process lawfully and transparently after they have taken the time to fully consider the merits of different options and ideas.</p>
<p>Unfortunately, the CA did not show such respect for Parliament and the separation of powers and decided to engineer and create their own process for Article 44(1A) in less than three days.</p>
<p>In my view, the CA should have simply interpreted the clear and unambiguous words of Article 44(1A) as mentioned above, and stated that it was therefore unnecessary for them to discuss the process as this was a matter for Parliament to determine.</p>
<p>While the CA attempted to design their process with some regard to the practical realities surrounding election petitions, counter petitions and potential byelections &#8212; it was still wrong for them to create this process in the fraught context of a dispute in which arguments from parties, namely the appellants, are motivated by political gain.</p>
<p>Therefore, it would not be surprising if the rushed and unprincipled manner in which the CA created the process provides even more confusion, ambiguity, conflict and controversy in the near or distant future. In any case, it is hoped that the new Parliament takes the time needed to fix the problems with Article 44(1A), before designing a new process following its activation, fairly and democratically.</p>
<p><strong>3. The CA&#8217;s process for Article 44 is unpragmatic for prolonging and further complicating Samoa&#8217;s constitutional crisis</strong></p>
<p>Aside from the issues with the CA&#8217;s problematic interpretation of the Constitution, the CA&#8217;s decision should also be criticised as being unpragmatic (or in other words, impractical) for having the effect of prolonging and further complicating Samoa&#8217;s constitutional crisis.</p>
<p>The CA&#8217;s finding that a sixth woman can only be added after all petitions and potential byelections have been completed (and there are still only five women MPs), means that the addition of another woman MP could be several months away. This is due to the sheer volume of petitions that the courts are due to consider next week, a reality the CA was no doubt aware of.</p>
<p>While the courts are not necessarily required to be influenced by what is pragmatic and best for the general wellbeing and smooth running of the country, it is hoped that they at least do not go out of their way to make decisions that would create further uncertainty and delay in a country suffering from an already drawn out constitutional crisis.</p>
<p>Of course, there is already a degree of uncertainty around which party would hold the majority of seats due to the unprecedented number of petitions that have been filed and are yet to be heard,</p>
<p>However, adding the potential activation of Article 44(1A) to the mix does not help things at all. This has already been seen by how both the leaders of the FAST party and the HRPP have interpreted the CA&#8217;s decision to mean that their parties hold the majority in judgement and should be able to govern until the election petitions and any potential by-elections are completed.</p>
<p>In my view, had the CA interpreted Article 44(1A) in the correct, honest and principled manner (to find that the minimum number of seats for women is &#8220;five&#8221; and not six) this would not be a legitimate dispute as the leader of the HRPP would not have any real reason to believe that a sixth woman MP could be added as a 52nd seat in parliament in their favour.</p>
<p>FAST would then have a clearer path for transitioning into the government &#8212; a path which I believe they legitimately have because in my view, their convening of parliament was legitimate and constitutional in the extraordinary circumstances Samoa was facing. <em>[NOTE: Although the constitutionality of FAST&#8217;s swearing-in on 24 May 2021 is another matter due to be heard by the courts on Friday, I have argued in a previous opinion piece <a href="https://www.rnz.co.nz/news/pacific/443320/opinion-fast-led-govt-did-not-carry-out-a-coup">that their swearing-in was constitutional</a> and that the courts should declare this when they do rule on this case &#8212; most likely sometime next week.]</em></p>
<p>Another practical problem the CA could have (and should have) avoided was the risk of creating an even-numbered hung Parliament of 52, with each party having 26 seats. When Article 44(1A) was introduced in 2013, the parliament of that day (and any day up to the 2021 general election) didn&#8217;t foresee that its activation could lead to an even-numbered hung parliament which could create major issues in the future. For example, a hung 52 seated parliament (with 26 seats for both parties) could lead the Head of State to use their powers under Article 63 to dissolve parliament and call for a new general election on the grounds that the office of the Prime Minister has vacant beyond a &#8220;reasonable period&#8221; of time (Article 63(2)) or that the Prime Minister does not command the majority in parliament (Article 63(3)). With due respect, it can only be hoped that this wasn&#8217;t the underlying motivation behind the CA&#8217;s decision.</p>
<p>In any case, there is an urgent need for a government to come into power to govern Samoa. This is not only because Samoa is in a global pandemic, but also because the government should have already set and announced its annual budget by this time in the year. Therefore, the CA&#8217;s decision shows an unfortunate lack of pragmatism for which the people of Samoa will continue to bear the costs.</p>
<p><strong>A case of &#8216;judicial activism&#8217;?<br />
</strong>Some might celebrate and defend the CA&#8217;s decision as a case of &#8220;judicial activism&#8221; because it was apparently decided in the interests of gender equality and human rights in Samoa.</p>
<p>&#8220;Judicial activism&#8221; is a term that refers to when judges go outside their apolitical and objective roles to become &#8220;activists&#8221; in the courtroom pursuing their political agendas. They do this by interpreting and applying laws in a way that is obviously incorrect and contrary to established legal principles because they believe that the outcome would be morally unacceptable and unjust according to their political beliefs if they did not.</p>
<p>One key instance of &#8220;judicial activism&#8221; in New Zealand was in the 1985 case of <a href="https://www.rnz.co.nz/news/on-the-inside/428450/craig-stephen-how-an-all-blacks-tour-was-blocked-peacefully">Finnigan v New Zealand Rugby Football</a>. In this case, the Court of Appeal of NZ disregarded well established legal principles in order to prevent the All Blacks from touring South Africa during the nation&#8217;s apartheid era.</p>
<p>It is well known now that the justices hearing this case were influenced not only by anti-apartheid protests outside the courtroom but by their own values and beliefs against South Africa&#8217;s racist system.</p>
<p>Of course, anyone committed to anti-racism (and the fundamental human right to freedom from discrimination) would not question or fault the Court of Appeal of NZ for being judicial activists in the Finnigan case. However, in my view, the CA&#8217;s decision should not be seen or understood as a legitimate and justified case of &#8220;judicial activism&#8221; like that in Finnigan.</p>
<p>Some may disagree and argue that the need to have six women (rather than five) in Parliament is a critically urgent and important human rights and social justice issue that is analogous or comparable to the moral dilemma the NZ justices faced in the Finnigan case.</p>
<p>However, if anything, this litigation has shown that Article 44(1A) is a deeply flawed mechanism for ensuring the representation of women in Parliament and upholding Samoa&#8217;s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In my view, instead of further complicating a deeply flawed mechanism during a constitutional crisis, the CA should have upheld the observations of Justice Tuatagaloa and Justice Vaai in the Supreme Court to allow Parliament (and the people of Samoa whose voices they represent) to improve Samoa&#8217;s deeply entrenched gender inequity issue in the fair and transparent manner that is expected of a democratic state.</p>
<p>In terms of what a new gender-based quota system for Samoa would look like, it is clear that the new Parliament will need to pay closer attention to the laws and experiences of other democratic countries that have introduced similar gender-based quota laws, such as Finland, Sweden, Norway, and Denmark who have since achieved an average of 40 percent women in their parliaments.</p>
<p>It&#8217;s also important that the new Parliament tackle deeply entrenched gender inequity in Samoan politics more broadly. A 2015 report on &#8220;Political Representation and Women&#8217;s Empowerment in Samoa&#8221; by the Centre for Samoan Studies at the National University of Samoa (NUS) found that Article 44(1A) would &#8220;not address what this research found to be the core issue: the barriers to women&#8217;s equal participation in local government&#8221; and that Samoa does not have gender parity laws and candidate pre-selection mechanisms that other countries like France, Timor-Leste, Senegal and Rwanda have introduced to increase the number of women in their parliaments.</p>
<p>Similarly, Kiki Matire has commented that while Article 44(1A) would increase the representation of women in Samoa&#8217;s parliament, &#8220;much more needs to be done to address the cultural and tangible obstacles to women as political leaders&#8221;.</p>
<p><i><a href="https://www.lawsociety.org.nz/news/people-in-the-law/recent-movements/dylan-asafo-heading-to-harvard/">Fuimaono Dylan Asafo</a> is a law lecturer at the Faculty of Law at the University of Auckland. He holds a Master of Laws from Harvard University and a Master of Laws (First Class Honours) from the University of Auckland. <em>This article is republished under a community partnership agreement with RNZ.</em><br />
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