Contested Terrain Reconceptualising Security in the Pacific
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Abuse of Process in Cross-Border Cases: Moti V the Queen
ABUSE OF PROCESS IN CROSS-BORDER CASES: MOTI V THE QUEEN * DANIELLE IRELAND-PIPER In a majority of six to one, the High Court in Moti v The Queen concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where such a finding is determinative of an abuse of process. The decision is a welcome addition to existing international jurisprudence on due process rights in prosecutions of extraterritorial conduct. In turn, it is a reminder that operating extraterritorially does not mean operating without accountability. I INTRODUCTION In Moti v The Queen,1 the High Court of Australia considered whether proceedings can be maintained against a person who has not properly been brought within the jurisdiction by regular means, or whether such proceedings are an abuse of process. In so doing, a majority of six to one concluded that the act of state doctrine does not preclude findings as to the legality of the conduct of a foreign government, where those conclusions are a necessary step to determining a question within the competency of the court. This article will conclude the findings of the High Court in Moti v The Queen are a welcome addition to jurisprudence on procedural irregularities in the prosecution of transnational crime. The High Court in XYZ v Commonwealth2 confirmed that the Commonwealth may rely on section 51(xxix) of the Constitution of Australia to assert extraterritorial criminal jurisdiction over Australian citizens. Such assertions are also permitted under international law by virtue of the active nationality principle.3 However, although useful in fighting transnational crime, assertions of extraterritorial criminal jurisdiction are sometimes overly politicised, and vulnerable to abuses of process.4 Therefore, the decision in Moti v The Queen has implications for the prosecution of offences for conduct occurring extraterritorially, and is a timely reminder for state officials and prosecutors that operating extraterritorially does not mean operating without accountability. -
Participatory Approaches to Law and Justice Reform in Papua New Guinea
PACIFIC ISLANDS POLICY 3 Safety, Security, and Accessible Justice Participatory Approaches to Law and Justice Reform in Papua New Guinea ROSITA MACDONALD THE EAST-WEST CENTER is an education and research organization established by the U.S. Congress in 1960 to strengthen relations and understanding among the peoples and nations of Asia, the Pacific, and the United States. The Center contributes to a peaceful, prosperous, and just Asia Pacific community by serving as a vigorous hub for cooperative research, education, and dialogue on critical issues of common concern to the Asia Pacific region and the United States. Funding for the Center comes from the U.S. government, with additional support provided by private agencies, individuals, foundations, corporations, and the governments of the region. THE PACIFIC ISLANDS DEVELOPMENT PROGRAM (PIDP) was established in 1980 as the research and training arm for the Pacific Islands Conference of Leaders—a forum through which heads of government discuss critical policy issues with a wide range of interested countries, donors, nongovernmental organizations, and private sector representatives. PIDP activities are designed to assist Pacific Island leaders in advancing their collective efforts to achieve and sustain equitable social and economic development. As a regional organization working across the Pacific, the PIDP supports five major activity areas: (1) Secretariat of the Pacific Islands Conference of Leaders, (2) Policy Research, (3) Education and Training, (4) Secretariat of the United States/Pacific Island Nations Joint Commercial Commis- sion, and (5) Pacific Islands Report (pireport.org). In support of the East-West Center’s mission to help build a peaceful and prosperous Asia Pacific community, the PIDP serves as a catalyst for development and a link between the Pacific, the United States, and other countries. -
Fiji's Road to Military Coup, 20061
2. 'Anxiety, uncertainty and fear in our land': Fiji's road to military coup, 20061 Brij V. Lal Introduction If civilization is to survive, one is driven to radical views. I do not mean driven to violence. Violence always compromises or ruins the cause it means to serve: it produces as much wrong as it tries to remedy. The State, for example, is always with us. Overthrow it and it will come back in another form, quite possibly worse. It's a necessary evilÐa monster that continually has to be tamed, so that it serves us rather than devours us. We can't do without it, neither can we ever trust it.2 Fiji experienced the whole gamut of emotions over the course of a fateful 2006. The year ended on an unsettled note, as it had begun. Fiji was yet again caught in a political quagmire of its own making, hobbled by manufactured tensions, refusing to heed the lessons of its recent tumultuous past, and reeling from the effects of the coup. Ironies abound. A Fijian army confronted a Fijian government, fuelling the indigenous community's worst fears about a Fijian army spilling Fijian blood on Fijian soil. The military overthrow took place 19 years to the day after frustrated coup-maker of 1987 Sitiveni Rabuka had handed power back to Fiji's civilian leaders, Ratu Sir Penaia Ganilau and Ratu Sir Kamisese Mara, paving the way for the eventual return to parliamentary democracy. The 2006 coup, like the previous ones, deposed a democratically elected government. Perhaps more importantly, it peremptorily sidelined the once powerful cultural and social institutions of the indigenous community, notably the Methodist Church and the Great Council of Chiefs (GCC)3 ± severing with a startling abruptness the overarching influence they had exercised in national life. -
New Year's Eve 1992 Brought Havoc to the Southeastern
POLITICAL REVIEWS 457 SaHu, Yaw. 1993. A Current Example of tainty. The national general election Policy-Making on the Trot in Papua New took place on 26 May 1993. Seats in Guinea. Paper presented at Pacific Islands each of the 47 constituencies through Political Studies Association conference, out the country were contested by Rarotonga, 5 December. some 280 candidates. The state of Togarewa, Neville. 1993a. Lihir a "Goer." uncertainty lasted for some time after PC, 24 May, II. the results were announced over na tional radio. Solomon Mamaloni's --. 1993b. Government Sets Saturday party of National Unity won the most Deadline for Talks on Lihir. PC, 29 July, 3. seats, but with only 21 of the total of47 --. 1993c. 50 pct Equity Decision Is it did not have a clear majority. Of the Final. pc, 13 August, 5I. other parties, the People's Alliance Party led by Nathaniel Waena won 7 TPNG, Times ofPapua New Guinea. Weekly. Port Moresby. seats; the new National Action Party of Solomon Islands (Francis Saemala) and the United Party (Ezekiel Alebua) won 5 each; the Labour Party (loses Tuha SOLOMON ISLANDS nuku) won 4; the National Front for New Year's Eve 1992 brought havoc to Progress (Andrew Nori) and the new the southeastern parts of Solomon Solomon Islands Leaders Fellowship Islands as Cyclone Nina passed (Reverend Michael Maeliau) won 2 through. Parts ofMalaita, South each; and 1 was won by an indepen Guadalcanal, Makira, Temotu, and dent (Francis Billy Hilly). A coalition Rennell and Bellona were devastated. government had to be formed. For the people in these islands, a sea Uncertainty and political specula son of celebration and reflection tion were fueled by strong indications became overnight a time ofdisaster that veteran politician and incumbent and lost hopes. -
A History of the Pacific Islands
A HISTORY OF THE PACIFIC ISLANDS I. C. Campbell A HISTORY OF THE PACIFIC ISLANDS Thi s One l N8FG-03S-LXLD A History of the Pacific Islands I. C. CAMPBELL University of California Press Berkeley • Los Angeles Copyrighted material © 1989 I. C. Campbell Published in 1989 in the United States of America by the University of California Press Berkeley and Los Angeles All rights reserved. Apart from any fair use for the purposes of private study, research, criticism or review, no part whatsoever may by reproduced by any process without the express written permission of the author and the University of California Press. Library of Congress Cataloguing-in-Publication Data Campbell, LC. (Ian C), 1947- A history of the Pacific Islands / LC. Campbell, p. cm. "First published in 1989 by the University of Canterbury Press, Christchurch, New Zealand" — T.p. verso. Includes bibliographical references. ISBN 0-520-06900-5 (alk. paper). — ISBN 0-520-06901-3 (pbk. alk. paper) 1. Oceania — History. I. Title DU28.3.C35 1990 990 — dc20 89-5235 CIP Typographic design: The Caxton Press, Christchurch, New Zealand Cover design: Max Hailstone Cartographer: Tony Shatford Printed by: Kyodo-Shing Loong Singapore C opy righted m ateri al 1 CONTENTS List of Maps 6 List of Tables 6 A Note on Orthography and Pronunciation 7 Preface. 1 Chapter One: The Original Inhabitants 13 Chapter Two: Austronesian Colonization 28 Chapter Three: Polynesia: the Age of European Discovery 40 Chapter Four: Polynesia: Trade and Social Change 57 Chapter Five: Polynesia: Missionaries and Kingdoms -
BTI 2010 | Papua New Guinea Country Report
BTI 2010 | Papua New Guinea Country Report Status Index 1-10 5.85 # 58 of 128 Democracy 1-10 6.35 # 50 of 128 Market Economy 1-10 5.36 # 70 of 128 Management Index 1-10 4.99 # 65 of 128 scale: 1 (lowest) to 10 (highest) score rank trend This report is part of the Transformation Index (BTI) 2010. The BTI is a global ranking of transition processes in which the state of democracy and market economic systems as well as the quality of political management in 128 transformation and developing countries are evaluated. The BTI is a joint project of the Bertelsmann Stiftung and the Center for Applied Policy Research (C•A•P) at Munich University. More on the BTI at http://www.bertelsmann-transformation-index.de/ Please cite as follows: Bertelsmann Stiftung, BTI 2010 — Papua New Guinea Country Report. Gütersloh: Bertelsmann Stiftung, 2009. © 2009 Bertelsmann Stiftung, Gütersloh BTI 2010 | Papua New Guinea 2 Key Indicators Population mn. 6.3 HDI 0.54 GDP p.c. $ 2084 Pop. growth % p.a. 2.0 HDI rank of 182 148 Gini Index 50.9 Life expectancy years 57 UN Education Index 0.52 Poverty2 % 57.4 Urban population % 12.6 Gender equality1 - Aid per capita $ 50.2 Sources: UNDP, Human Development Report 2009 | The World Bank, World Development Indicators 2009. Footnotes: (1) Gender Empowerment Measure (GEM). (2) Percentage of population living on less than $2 a day. Executive Summary During the period under review, Papua New Guinea (PNG) made some progress toward providing its citizens greater freedom of choice by improving the state of democracy and its market-based economy. -
THE HISTORY of the TONGA and FISHING COOPERATIVES in BINGA DISTRICT 1950S-2015
FACULTY OF ARTS DEPARTMENT OF HISTORY EMPOWERMENT OR CONTROL? : THE HISTORY OF THE TONGA AND FISHING COOPERATIVES IN BINGA DISTRICT 1950s-2015 BY HONOUR M.M. SINAMPANDE R131722P DISSERTATION SUBMITTED TO THE FACULTY OF ARTS IN PARTIAL FULLFILMENT OF THE REQUIREMENTS OF THE HONOURS DEGREE IN HISTORY AT MIDLANDS STATE UNIVERSITY. NOVEMBER 2016 ZVISHAVANE: ZIMBABWE SUPERVISOR DR. T.M. MASHINGAIDZE APPROVAL FORM The undersigned certify that they have supervised the student Honour M.M Sinampande (R131722P) dissertation entitled Empowerment or Control? : The history of the Tonga and fishing cooperatives in Binga District 1950-210 submitted in partial fulfillment of the requirements of the Bachelor of Arts in History Honours Degree offered by Midlands State University. Dr. T.M Mashingaidze ……………………… SUPERVISOR DATE …….……………………………………… …………………………….. CHAIRPERSON DATE ….………………………………………… …………………………….. EXTERNAL EXAMINER DATE DECLARATION I, Honour M.M Sinampande declare that, Empowerment or Control? : The history of the Tonga and fishing cooperatives in Binga District 1950s-2015 is my own work and it has never been submitted before any degree or examination in any other university. I declare that all sources which have been used have been acknowledged. I authorize the Midlands State University to lend this to other institution or individuals for purposes of academic research only. Honour M.M Sinampande …………………………………………… 2016 DEDICATION This work is dedicated to my father Mr. H.M Sinampande and my mother Ms. J. Muleya for their inspiration, love and financial support throughout my four year degree programme. ABSTRACT The history of the Tonga have it that, the introduction of the fishing villages initially and then later the cooperative system in Binga District from the 1950s-2015 saw the Zambezi Tonga lose their fishing rights. -
Political Science
Political Science http://pnz.sagepub.com/ The Impact of RAMSI on the 2006 Elections in the Solomon Islands Jon Fraenkel Political Science 2006 58: 63 DOI: 10.1177/003231870605800205 The online version of this article can be found at: http://pnz.sagepub.com/content/58/2/63 Published by: http://www.sagepublications.com On behalf of: School of History, Philosophy, Political Science and International Relations at the Victoria University of Wellington Additional services and information for Political Science can be found at: Email Alerts: http://pnz.sagepub.com/cgi/alerts Subscriptions: http://pnz.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav >> Version of Record - Dec 1, 2006 What is This? Downloaded from pnz.sagepub.com at Australian National University on March 28, 2013 THE IMPACT OF RAMSI ON THE 2006 ELECTIONS IN THE SOLOMON ISLANDS JON FRAENKEL Abstract: The Solomon Islands election of April 2006 was the first since the Regional Assistance Mission to the Solomon Islands arrived in mid-2003. In its aftermath, riots in Honiara resulted in the destruction of much of Chinatown, the worst incident of civil disorder since the commencement of the Australian-led operation in July 2003. This article examines the election outcomes, and the preceding, largely neglected, impact of RAMSI on the shifting balance between the incumbent Kemakeza government and the opposition. It looks at how and why Snyder Rini’s government emerged victorious on April th18 2006, and why it collapsed eight days later. In conclusion, the article revisits debates about the causes of the Honiara riots, contesting some of the more far-fetched conspiracy theories and emphasising instead the depth of Solomon Islander reaction against a deeply flawed premiership selection process. -
Parliamentary Privilege Exists for the Greater
“Parliamentary privilege exists for the greater good of the community and protects the public interest, not only through promoting the functions of an effective parliamentary system and a democratic government but also through Members being freely able to bring matters to the attention of the Parliament.” Mr John Evans Former Clerk of NSW Parliament Evidence presented to the Committee 22 August 2008 Committee Members Hon. Patteson Oti, MP Hon. Clement Kengava, MP Chairman Member Hon. Steve Abana, MP Hon. Milner Tozaka, MP Member Member Hon. Rev. Leslie Boseto, MP Hon. Japhet Waipora, MP Member Member Hon. Patrick Vahoe, MP Hon. Bernard Ghiro, MP Member Member 2 Special Select Committee on Privileges, Immunities and Powers of Parliament Committee Secretariat Secretariat Alice Willy (Research) John Taupongi (Legal) Calvin Ziru (Research) Contacts Special Select Committee of Privileges, Immunities and Powers of Parliament National Parliament of Solomon Islands P O Box G19 HONIARA Website: www.parliament.gov.sb Telephone: (677) 23424 Facsimile: (677) 23080 Committee Report – April 2009 3 Table of Content Content Page Committee Members 2 Committee Secretariat 3 Chairs Foreword 6 Terms of Reference 8 Summary of Recommendations 9 Chapter 1 – Introduction Background to Committee Inquiry 12 The role of the Committee 12 The conduct of the Inquiry 12 Chapter 2 - Background to parliamentary privilege Historical background to parliamentary privilege 14 Definition of parliamentary privilege 14 Nature of parliamentary privilege 16 Chapter 3 - Parliamentary -
Lecture 2: Introduction to the Pacific Islands General Island Locations
ATMO 102 Pacific Climates and Cultures Lecture 2: Introduction to the Pacific Islands General Island Locations • Hawaiian Islands • Tahiti (French Polynesia) • Kiribati • Marshall Islands • Samoa • New Zealand • Fiji • And more!!! Age of the Hawaiian Islands 2.6 Ma 5.1 Ma 1.9 Ma • How do these dates 1.76 Ma 4.9 Ma compare to when Polynesian 1.3 Ma 0.75 Ma Settlers arrived on the OLD Islands? 3.7 Ma 1.28 Ma 1 Ma 0.5-0 Ma http://www.transpacificproject.com/index.php/euro YOUNG pean-exploration-and-colonization/ Colonization of the Pacific http://www.transpacificproject.com/index.php/european-exploration-and-colonization/ Physical Properties • Pacific Ocean = over 1/3 of the planet’s surface • Not counting Hawaii and Papua New Guinea, the region comprises 21 island states, 200 high islands, and 2500 low islands and atolls *Hawaii isn’t on this chart… the • Four largest states (Solomon Islands, total land area is: 16,636.5 km2 or New Caledonia, Fiji, and Vanuatu) 6,423.4 sq miles account for most of the last mass • Except for the Pitcairn group and the southern part of French Polynesia, all lie in the tropical zone. Cultural Sub-Regions • Ethnically, Culturally, and Linguistically there are three sub regions: Tonga College students performing a traditional Kailao dance. Men and Women Singing and Chanting in Fiji • Melanasia: Solomon Islands, Vanuatu, Fiji, and New Caledonia • Micronesia: Palu, FSM, Guam, Northerm Mariana Islands, Marshall Islands, and Kiribati • Polynesian: Hawaii, Tuvalu, Tokelau, Samoas, Niue, Cook Islands and French Polynesia Mid-sized islands of Polynesia and Micronesia • Mid-sized islands of Polynesia (Tonga, Samoas, French Polynesia) and Micronesia (Palau, FSM, Guam, Northern Mariana Islands) have limited land resources, little or no commercial Small rock islands in Palau Koror largest city in Palau (70% of forests, and no commercial mineral https://www.flickr.com/photos/luxtonnerr population), though not the capital. -
Reflections on the First Anniversary of Fiji's 2006 Coup
30. One hand clapping: Reflections on the first anniversary of Fiji’s 2006 coup Brij V. Lal The tyranny of a prince in an oligarchy is not so dangerous to the public welfare as the apathy of a citizen in a democracy. Montesquieu Acquiescence is the friend of illegality. Justice Roger Coventry The first anniversary of Fiji's December 2006 coup passed uneventfully, without any rallies, protest marches or vigils ± merely an exhausted, scarcely audible mutter from the populace hankering for some semblance of normality. A Fijian political activist once likened Fiji to a swimming duck: All calm on the surface but furiously churning underneath. Just how much turbulence there was among indigenous Fijians is difficult to gauge, but its existence was beyond doubt. To forestall any organized opposition, the interim administration slapped on several states of emergency. Overall, 2007 remained a depressing and miasmic year, with much movement but little change. The military's much heralded `clean-up' campaign, the principal reason for the coup, was stalled, mired in controversy about its legal validity and true purpose. No one was successfully prosecuted for the misdemeanours for which they had been unceremoniously sacked from office. The judiciary, to everyone's disappointment, remained as divided and demoralized as ever. The constitution remained intact, but often `ignored or bypassed as deemed necessary'.1 International vigilance, manifested in travel bans on members of the interim administration, remained despite official pleas for sympathetic understanding and assistance. Fundamental changes to the electoral system were mooted, including a common non-racial electoral roll, a common name for all citizens, and reform of important institutions of indigenous governance, but there was reservation among many who were already distrusting of the interim administration's motives and its counterproductive confrontational approach to sensitive issues. -
View Profile
Solomon Islands KEY FACTS Joined Commonwealth: 1978 Population: 561,000 (2013) GDP p.c. growth: 0.5% p.a. 1990–2013 UN HDI 2014: World ranking 157 Official language: English Time: GMT plus 11 hrs Currency: Solomon Islands dollar (SI$) Geography Area: 28,370 sq km Coastline: 5,310 km Capital: Honiara Solomon Islands, an archipelago in the south- west Pacific, consists of a double chain of There are large tracts of rough grass on the islands. The international airport is at rocky islands and some small coral islands. northern side of Guadalcanal and Nggela Henderson Field, 13 km east of Honiara. The major islands are Guadalcanal, Choiseul, Sule. Parts of the coast are swampy, Santa Isabel, New Georgia, Malaita and supporting extensive mangrove forests. Society Elsewhere, the coast is dominated by coconut Makira (or San Cristobal). Vanuatu is the KEY FACTS 2013 nearest neighbour to the south-east where palms. Hardwoods now grown for timber the archipelago tapers off into a series of include mahogany, acacia and teak. Population per sq km: 20 smaller islands. Its nearest neighbour to the Wildlife: Indigenous mammals are small and Life expectancy: 68 years west is Papua New Guinea. include opossums, bats and mice. There are Net primary enrolment: 93% crocodiles in the mangrove swamps and sea The country comprises the capital territory of Population: 561,000 (2013); 21 per cent of turtles nest on the shores from November to Honiara and nine provinces, namely Central people live in urban areas; growth 2.6 per February. Birdlife (more than 150 species) (provincial capital Tulagi), Choiseul (Taro cent p.a.