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Polynesia in Review: Issues and Events, 1 July 2005 to 30 June 2006

Reviews of American Sämoa and missioner to New Zealand and Aus- Niue are not included in this issue tralia, former Prime but, for the first time, a review of Minister Dr , was Rapa Nui is included. fired for allegedly interfering with local politics in the Northern group, Cook Islands an accusation Dr Woonton denied. The period under review began with Prime Minister Marurai asked Minis- the fortieth anniversary of the achieve- ter Peri Vaevae Pare to resign after he ment of self-government in free asso- was accused of misusing public funds. ciation with New Zealand. Scott Rob- Vaevae was later found guilty, subse- ert of New Zealand won the popular quently losing his seat in . Round Rarotonga Road Race for The by-election that emerged 2005, and a 197-kilogram northern between three contestants—Vaine bluefin tuna caught by Willie Farani Teokotai for the Democratic Party, of the Gypsy Trade was sold to for the Cook Islands for a record us$62,000 (CIN, 2 July Party, and Mereana Taikoko as an 2005, 1). independent—should be decided by But soon the rejoicing turned into a July 2006. However, it is doubtful year of political sackings: Sir Geoffrey that the result of the Matavera by- Henry as deputy prime minister in election will stabilize a coalition- August 2005, then Tupou Faireka and based government that has seen many as cabinet ministers in shifts in allegiance by several of the September 2005, in what Prime Min- twenty-four member parliamentarians ister called “clearing dirt insensitive to the party supporters from my government” (CIN, 10 Sept who voted them in. An earlier vacated 2005, 1). The outgoing ministers were parliamentary seat in Atiu Island replaced by Dr (as initiated three hopeful candidates, deputy prime minister), Mr Tangata including former mp . Vavia, and Mrs . Standing this time as an independent, Further possible changes in cabinet George won the by-election, poten- and rumors of new coalitions contin- tially shifting the power base his ued to emerge from time to time way—a situation he is familiar with, throughout this period. Local media having been a key player in many pre- magnate George Pitt was also sacked vious coalition governmental changes. in October 2005 from his position as The possibility of a hung parliament chairman of the board for Rarotonga also hangs over the small nation. Island’s electricity provider, Te Initial efforts by Jim Marurai at Aponga Uira O Tumutevarovaro. Sev- creating a government of national eral heads of department positions unity were viewed as unrealistic by were re-advertised. The Cook Islands’ most local longtime political leaders most senior diplomat, the high com- (CIN, 13 August 2005, 1). But the 207 208 the contemporary pacific • 19:1 (2007) prime minister later “walked the reemerge in a variety of forms, first talk,” as he and members of his as part of the ongoing struggle over department trekked into the Taku- national overseas debt, and second vaine valley as part of a team- as an element of a controversial Unit spirit–building exercise. Local media Titles Bill. The Cook Islands govern- described the activity as an effort to ment’s debt with the Italian govern- overcome the negative impact of per- ment to build a hotel, which at one sonnel changes in the department time amounted to nz$150 million, resulting from several past leadership had been reduced to nz$48.6 million adjustments. Sadly, Prime Minister in 1998. The debt was finally settled Marurai’s wife Tuaine passed away with the government of Italy at after a long illness and was laid to nz$12.9 million in February 2006. rest in her home island of Mangaia The Cook Islands’ capacity to pay in September 2005. and Italian breaches of banking regu- The first newspaper of the Cook lations were bargaining issues that led Islands, published 26 January 1895 to the final settlement (CIN, 24 Feb under the label Te Torea, was remem- 2006, 1). A second Sheraton connec- bered (CIN, 17 Aug 2005, 7). Sir tion was the Tim Tepaki–sponsored , the leader of the old- Unit Titles Bill—labeled by some as est political party in the nation, the selling airspace to foreigners (CIN, , confirmed that he 22 July 2005, 1). This bill underlined would step down from national and New Zealand–based property devel- party politics in 2006 (CIN, 28 Sept oper Tepaki’s hope for a major pro- 2005, 1), although most observers ject at the Sheraton hotel site in Taki- remained skeptical at the announce- tumu, Rarotonga, and another project ment. Meanwhile there is increasing on Ootu in Aitutaki. Tepaki declared pressure from women leaders for that he had spent over nz$2 million more access to positions of political since 2000 but continued to express power. A regional conference was interest in the building of five-star held in Rarotonga, aimed at advanc- hotels in both Takitumu and Ootu. ing women’s representation in Parlia- Public and landowner concerns ment. One suggestion was the enact- focused on the Unit Titles Bill’s ment of legal quotas for special encroaching on the activities of the measures for women as parliamentary lease approval tribunal, the develop- members. Women leaders and the ment investment board, immigration, general public have long perceived and the national building code (CIN, that existing parliamentarians did 19 July 2005, 1). The Are Ariki very little legislative work for their (National ) and the salaries and special benefits. Some Koutu Nui (National House of Sub- noted that by January 2006 Parlia- chiefs) expressed concern about the ment had only sat for thirty days final draft of the bill, alleging that it since the general election in 2004 was being rushed and that crucial (CIN, 31 Jan 2006, 1). recommendations over the height of During the year, the so-called buildings had not been considered “Sheraton debacle” continued to (CIN, 19 Sept 2005, 1). However, political reviews • 209

Pa Ariki, the paramount chief of Taki- Avatiu valley of Rarotonga. Plans tumu in Rarotonga (who stood to included a three-story building to benefit directly from the bill because house central administration, minis- of Tepaki’s proposed development on terial offices, and support staff, her Vaima‘anga property and a prom- opposition and mayoral offices, cafe- ise to help build her ), ques- teria, gym, and conference area. The tioned Parliament’s delay in passing concept design reflected a canoe with the bill. The cabinet had earlier sup- sail design roofing. Some public com- ported the bill but it took some time mentary pointing to hidden future for Parliament to consider it. Aitutaki increases in actual costs and the people were even more vocal; they difficulty of guaranteeing funding rallied in opposition to the Unit Titles have so far placed the plans on hold. Bill, presenting a petition to Parlia- In the meantime, new Chinese aid ment. Despite widespread opposition, projects were announced in January Parliament eventually passed the bill. 2006, including a cyclone-proof high- Hotel developer Tim Tepaki was way alternative to the Nikao seawall also drawn into another development in Rarotonga and an enclosed sports controversy, which emerged in the stadium. During that same month the public media when the cabinet agreed Cook Islands government also signed to sell him government assets in Wel- a contract to build the island nation’s lington for nz$4 million without any police station with full funding by the transfer of cash, but rather a security People’s Republic of China. Some deposit (CIN, 15 Sept 2005, 1). The sixty Chinese workers were expected government company holding the on the construction site at its peak. New Zealand assets, Cook Islands By April 2006 China was offering the Property Corporation (NZ) Ltd, Cook Islands nz$4 million more for signed the deal on 12 September infrastructure projects (CIN, 8 April 2005. The arrangement became even 2006, 1). It did not go unnoticed that more contentious when the Cook 165 countries worldwide had diplo- Islands government audit director matic ties with the People’s Republic declared in his report that there were of China. In July 1997, the Cook perceived conflicts of interest and a Islands had become one of nine lack of thorough and intensive due Pacific Island countries to recognize diligence. Tepaki reacted to the com- China and its “One-China policy.” ments by labeling the audit director’s China had clearly been expanding its report as flawed and slanderous (CIN, diplomatic presence in the Pacific 16 Jan 2006, 6). Seemingly taking a region with embassies in Fiji, Papua 180-degree turn, by April 2006 the New Guinea, , Tonga, Feder- cabinet had thrown out Tepaki’s ated States of Micronesia, and Kiri- diplomatic project (CIN, 5 April bati. In fact, China now has the 2006, 1). largest number of diplomats in the Another major government project region (CIN, 21 Sept 2005, 6). proposal initiated during the year During the period under review, involved a nz$10 million dollar par- the government approved a second liamentary complex to be built in the television station to be run by The 210 the contemporary pacific • 19:1 (2007)

Digital Factory. The first station, for- potential conflicts of interest that merly run by the government, is now plague many small societies. I sat in managed by the Pitt Group. Three on three cases involving a justice of new fm radio licenses were also the peace, and was frankly amazed at issued by the government, for the summations that reflected the justice’s Cook Islands Seventh-Day Adventist personal or religious opinions with Mission (tk ana 3 radio fm), Nicho- no bearing on the case. In private las Henry of The Digital Factory discussions, a senior policeman on (Tumutevarovaro radio fm), and Rarotonga shared his frustration Jeane Matenga, Ellijah Communica- over situations where criminals were tions Ltd (Radio Cook Islands fm). allowed to walk free or receive a By March, The Digital Factory was mere slap on the hand and a ridicu- on air with fm88.1, and the Seventh- lously low fine. On the other hand, Day Adventist radio with tk ana 3 defense lawyers argue that sloppy on fm 98.7. police work was more often the The government continued its weakness of such cases. crackdown on state houses, requiring The challenges facing Cook Island- expiring tenancy contracts to demon- ers also include a continuing rise in strate qualification for any renewal the cost of living. The Cook Islands consideration, as private money- Workers Association tried to revive lenders received much public criti- the cost-of-living adjustment for cism for deals that took away peo- workers, a system established in 1970 ple’s lands (CIN, 14 July 2005, 4). by a Democratic Party government Loan sharks were reportedly charging but later removed by a Cook Islands 24 percent interest plus additional Party government. Public servants had illegal charges, such as real estate had no cost-of-living adjustment since fees (CIN, 9 July 2005, 6). April 1992, when a 7 to 8 percent The government continued appoint- increase was adopted. It was not until ing justices of the peace based on May 2006 that the cabinet approved political favors and general accep- 12 percent pay rise and a nz$5 per tance without prior legal training, hour minimum-wage package. standards, or testing. This practice, Rising fuel costs continued to affect as opposed to a more merit-based everyone, although they did not pre- approach, is particularly problematic vent Air New Zealand from achieving because justices of the peace have nz$180 million record profit by the increasingly been allowed to sit on end of July 2005. During the year criminal and land cases, supposedly under review, Air New Zealand as a way of saving money. Bringing announces plans to withdraw its in judges from New Zealand dra- Christchurch to Rarotonga service, matically reduced irregularities but causing some concern among tourist drained the government budget. But operators in Rarotonga. It was allowing an untrained justice of the expected that the dependence on oil- peace to decide on far-reaching crimi- run power generators would mean nal and land cases is clearly a disaster, that local power costs would rise 14 given the family orientation and percent to 25.8 percent by June 2006 political reviews • polynesia 211

(CIN, 25 May 2006, 1). In fact fuel Mayor Sir Barry Curtis promised prices forced local airline Air Raro- three more trades-based scholarships tonga to increase fares by 10 percent for Cook Islanders to attend the while Virgin Blue Airlines focused on Manukau Institute of Technology. announcing plans to introduce twice- Also during the year under review, weekly flights from Auckland to the Cook Islands government decided Rarotonga, thus breaking Air New to remove import levies except on Zealand’s monopoly on the route. particular items such as pork, soft A newly formed Cook Islands drinks, pearls, fresh fruit, vegetables, Black Pearl Jeweler Manufacturer’s alcohol, tobacco, fuel, and vehicles. Guild held its first meeting in January Entomologist Dr Peter Maddison 2006, and by March work began on visited Rarotonga to help the Cook the nz$1.5 million Avatiu Western Islands Natural Heritage Project iden- Harbor Extension Program. tify insects, and some one hundred In May, Kainuku Kapiriterangi was new insects were soon documented; it invested as Ariki, filling the vacancy was expected that the number would left by a previous holder who had rise to 1,000 (CIN, 18 Aug 2005, 5). passed away. Kainuku is one of two One hundred and ten applications paramount chiefs for Takitumu dis- were received by the end of May 2006 trict in Rarotonga. The island has a for fourteen advertised heads of min- total of six paramount chiefs: Makea, istry positions. In the health area, a Karika, Vakatini, Tinomana, Pa, and new initiative to encourage hiv/aids Kainuku. Also in the month of May, prevention in the Cook Islands pro- the new Cook Islands–based South moted a discount purchase card, on Pacific School of Medicine opened its which were printed reminders about doors with four international students healthy living. Curiously, card holders and much criticism about its legiti- are asked to promise to keep their macy and credibility. Less controver- bodies safe, to respect themselves, to sial and more widely supported was care for themselves and those they the announcement of a million-dollar love, to respect others and treat all Pacific Islands Studies campus in people with dignity, and to help Rarotonga for the University of the make their community a healthy and South Pacific. vibrant place. There are currently two A unesco report, released earlier, reported cases of hiv in the Cook indicated that although the Cook Islands (CIN, 29 Aug 2005, 1). A Islands has 80 percent enrollment for couple of residents I spoke to while early childhood education (preschool), in Rarotonga recently suggested that a mere 50 percent of these students similar cards ought to be issued to made it to grade five. The figures politicians, who seem to quickly undoubtedly reflect continuing out- forget their promises once they win migration of Cook Islanders, although election. the unesco report does not comment On the agriculture front, there was on this (CIN, 22 Aug 2005, 1). While some panic when immigration offi- visiting the Cook Islands in September cials found seven Giant African snails 2005, New Zealand’s Manukau City on board an Air New Zealand flight 212 the contemporary pacific • 19:1 (2007) that had flown from Sämoa via (CIN, 29 July 2005, 1). There were Auckland. The destructive snails are also other moments for celebration, found widely in Sämoa but have yet such as when Sarah Noomaara won to become established in the Cook two gold medals for free sparring and Islands. Meanwhile, the nono (or special technique at the world tae noni [Morinda citifolia]) industry kwon do championships in , continued to struggle with price placing the Cook Islands sixth out of undercutting from Asia, and pearl forty-nine participating countries farming was not doing as well as (CIN, 21 July 2005, 8). expected. During the year, the visit of a con- During the year, the Cook Islands man from Africa, who entered the patrol boat Te Kukupa joined with Cook Islands under a false passport, Sämoa patrol boat Nafanua and Kiri- continued to receive attention from bati patrol boat Teanoia to carry out senior public officials. While in Raro- exercises in their regional waters (CIN, tonga the man had apparently tried to 30 July 2005, 1). Te Kukupa later set sell chemicals that would clean bank- off to Australia for a nz$3 million notes painted black by the banks for refit funded by the Australian govern- disposal. He was found guilty and ment. While visiting New Zealand, sentenced to a year in jail, but before President Oscar he could be deported his false pass- Temaru suggested that regional gov- port was discovered. He also seemed ernments consider a Pacific passport, to conveniently forget his country of modeled after the European Union origin, leaving the Cook Islands gov- passport (CIN, 19 July 2005, 1). ernment wondering what to do with Temaru, who is part Cook Islander, him. Suspected to be a Nigerian, he received guarded support for this idea is the country’s first stateless person among Cook Islanders. (CIN, 24 Jan 2006, 1). In a year of constant controversy, Also visiting were representatives Cook Islands Religious Advisory of the US reality television show Sur- Council leaders also spoke out. vivor, who chose Cook Islands as Church leaders openly contested the their next venue. The island of Aitu- possibility of the Rev Sun Myung taki soon became their main location. Moon’s Reunification Church (also Aitutaki landowners were given known as the Moonies) being regis- nz$100,000 by the Cook Islands tered in the Cook Islands. Overseas government and the island council trips to Korea by politicians funded issued various restrictions on local by the church were particularly criti- movements to ensure the success of cized. The Rev Tutai Pere, president the program. The island council’s of the religious council, was very out- restrictions faced legal challenges but spoken on the issue. Other citizen con- are not expected to affect the Survivor cerns focused on the national Maire participants and film crew on Aitu- Maeva Nui celebrations, and the taki, an island well known for its hos- apprehension that the media might pitality. The Survivor filming should continue to be disallowed from cover- be completed by July 2006 for subse- ing the competitive dancing event quent release. This filming program in political reviews • polynesia 213

Aitutaki will more than likely further the French national holiday) but then inflate land and consumer goods finally agreed to participate (TP, 14 prices, adding to the woes of locals. July 2005). Earlier that month, on jon tikivanotau m jonassen 4 July, he had hosted a Independence Day celebration in the presidential palace, a gesture that was References perceived as a provocation by the pro- French opposition (TP, 6 July 2005). CIN, Cook Islands News. Rarotonga. Daily. Temaru also participated as a guest of honor in the national holiday cele- brations of Vanuatu, Cook Islands, and Niue, each time underlining the French Polynesia importance of the achievement of independence (or full self-govern- Political life in French Polynesia dur- ment), which his country still lacks. ing the review period was still charac- Meanwhile, when new French High terized by instability and uncertainty Commissioner Anne Boquet arrived about the future, and had only cooled on 10 September, replacing Michel down slightly after the political crisis Mathieu (who had tended to favor of 2004–2005. The new government former President Gaston Flosse and under President , who his party and shun the Temaru gov- had been inaugurated in March 2005, ernment), hope rose for a more har- seemed to be firmly in power during monious relationship between Papeete most of 2005, but 2006 brought and Paris. Indeed, the initial relations another attempted overthrow, follow- between Boquet and the Temaru gov- ing a split in the governing coalition. ernment were very friendly. On 15 Among the general population, the September, the new high commis- original euphoria of a new policy of sioner was greeted by Temaru and Taui Roa (Big Change) has to a large Assembly Speaker Antony Geros with degree become replaced by a more a kava ceremony in the hall of the sober sentiment as taui (change) is assembly building—an event that was happening slower than people had perceived as a symbol both of recon- hoped. Meanwhile, the relationship ciliation with the French state and of between the local government and the the country’s cultural “reintegration French state fluctuates between con- into Oceania,” since kava drinking frontation and reconciliation. Rela- had become virtually extinct in tions between French Polynesia and Tahitian culture (TPM, Oct 2005). other Pacific Islands, on the other Reintegration into Oceania remains hand, are becoming closer and more one of the main agenda items for the frequent. Temaru government, in the cultural In July, the president’s uneasy atti- as well as the political sense. At the tude toward France became once more annual Pacific Island Forum meeting apparent, when he first announced in Port Moresby on 25 October, pro- his intention to boycott the official posals were made to upgrade French celebration on 14 July (Bastille Day, Polynesia’s status from that of 214 the contemporary pacific • 19:1 (2007) observer to that of “associated mem- ment consolidated its power within ber.” In an interview, the president the country as the opposition became said that he hopes to achieve a better weakened through internal splits and political status for his country, calling dissent. Three Tuamotu Islands repre- the present Statute of French Poly- sentatives—Temauri Foster, Michel nesia just “a scrap of paper.” These Yip, and Teina Maraeura—left statements gave rise to renewed politi- Flosse’s party, Tahoeraa Huiraatira cal controversy. High Commissioner (People’s Rally), and approached the Boquet criticized the president, argu- governing Union pour la Démocratie ing that he was “not mandated to (upld) coalition. Tahoeraa’s former talk about independence on foreign secretary general, Jean-Christophe soil,” because foreign policy was the Bouissou, had renounced his party responsibility of the French state, membership in July and later founded not of the local government. Temaru his own party, Rautahi (Unity), replied that while perhaps he was not together with another former Tahoe- mandated to do so, he was certainly raa assembly member. By mid-Septem- qualified to talk about these issues ber, Tahoeraa’s number of representa- (TPM, Nov 2005). Moreover, Temaru’s tives in the Assembly of French party, Tavini Huiraatira (People’s Polynesia had been reduced to only Servant), said in a 22 November 21, compared to 29 for upld, and press release, “When the president 7 independents (TP, 16 Aug; 16 Sept expresses himself in the Pacific, he is 2005). not on foreign soil. We are people of The Temaru government was also the Pacific,” and that the statute is able to quiet Hiro Tefaarere, known indeed just a scrap of paper until it as a dissident within the upld, by becomes a constitution, on the appointing him minister of small and achievement of sovereignty (Tavini medium businesses and mining on 16 Huiraatira 2005). September (TP, 16 Sept 2006). The Another aspect of the new Pacific- appointment removed Tefaarere from oriented foreign policy of the Temaru the assembly and replaced him with government was its very close rela- another more loyal upld member, tionship with New Zealand. President thus reinforcing the coherence of the Temaru traveled there frequently, and majority. in late December, the government of With their majority in the assembly French Polynesia purchased the his- apparently consolidated, the Temaru torical Rocklands Hostel in central government began working on its first Auckland for 535 million Pacific major reform project: On 25 Novem- francs (about us$5.4 million) as their ber, the government presented a pro- future embassy in New Zealand (TPM, jected tax reform, elaborated by Vice Jan 2006). Outside Oceania, the President Jacqui Drollet and econo- Temaru government maintains close mist Christian Vernaudon, called Te contacts with Japan, China, and the Autaeaeraa (Solidarity). Essentially, it United States. would generalize and increase the Ter- Whereas relations with France ritorial Solidarity Contribution (cst) remained tense, the Temaru govern- and thus create a sort of income tax political reviews • polynesia 215

(which does not exist in French Poly- move was protested by Emile Ver- nesia), while decreasing health insur- naudon, minister for postal services, ance contributions. The project soon telecommunications, and sports, and became very controversial, however, leader of the Ai‘a Api (New Mother- as it was perceived by many as a land) party, who argued that his party simple tax increase. On 30 November, was entitled to the vacant portfolios about 3,500 people led a protest (TPM, Feb 2006). With this issue, deep march against the reform, after sev- fissures became apparent between the eral trade unions had called for a gen- Ai‘a Api and Tavini Huiraatira parties eral strike. The strikers then built within the upld coalition. Already on roadblocks on the main entry roads 9 November, Vernaudon had begun to to Papeete, forcing the government to distance himself from Temaru by pub- withdraw the cst increase and thus licly criticizing the latter’s pro-inde- virtually killing the tax reform pro- pendence declarations (TPM, Dec ject. The affair exposed the dubious 2005). While Vernaudon had signed role of the unions in local politics, the upld petition for the reinscription with several of the strike leaders being of the country on the UN list of cronies of Flosse or political oppor- non–self-governing territories in 2004, tunists rather than representatives of he now declared himself in favor of the working population (TPM, Dec French rule and approached Flosse. 2006). This would become even more Vernaudon has had a history of con- apparent in May 2006, when the same stantly switching his allegiance unions organized a strike against a between Flosse and Temaru. law that would reform union repre- Another major decision made at sentation in companies and thus erode the beginning of 2006 concerned the their power base (TPM, May 2006). Groupement d’Intervention de la The vote for the 2006 budget of Polynésie (gip, Polynesian Interven- 137.8 billion Pacific francs (about tion Grouping), a presidential service us$1.4 billion), of which 102.8 billion agency for public works founded was for maintenance and 37 billion under Flosse. During the previous for investment, provoked yet more year, the gip had constantly caused polemic debates. The opposition criti- trouble, as its former commander, cized the budget as too expensive and Léonard Puputauki, refused to com- threatened legal action against it ply with orders from the new govern- (TPM, Jan 2006). The 2006 budget ment and periodically had gip mem- was finally adopted by the assembly bers block the bridge to Papeete’s port on 13 December 2005, but had to be facilities, cutting off the country’s fuel reduced in March in order to avoid a reserves and threatening the popula- deficit (TPM, April 2006). tion. On 11 January 2006, the cabinet On 4 January, Finance and Econ- finally decided to take action and the omy Minister Emile Vanfasse resigned, gip was dissolved. The several hun- citing health reasons. Vice President dred employees were to be transferred Drollet, a close confident of Temaru, to other government departments or took over the portfolios in addition to maintained as employees of an his own portfolio of tourism. The “administrative flotilla” whose mis- 216 the contemporary pacific • 19:1 (2007) sion is entirely depoliticized and lim- ister Drollet are keen on increasing ited to public works (TPM, Feb 2006). the numbers of tourists, as they sup- However, the core of the problem port new hotel projects. However, as remained unresolved, as Puputauki many grassroots independence activ- still exercised considerable influence ists are strongly opposed to a further over many members, and new con- expansion of the tourism industry, frontations continued sporadically in confrontations took place at hotel the following months. Flosse, who sites: in December with hard-line pro- had founded the GIP as some sort of independence leader Charlie Ching on personal militia, is apparently behind Bora Bora (TPM, Jan 2006), and on these activities as he attempts to 8 February with two upld assembly destabilize the Temaru government. members on Moorea (TPM, March Strangely enough, Puputauki has 2006). A government-supported golf never yet been arrested for his illegal course project on the island of Hua- activities (TPM, July 2006). hine is also seen by the local popula- Meanwhile, Emile Vernaudon once tion as controversial. more entered the headlines on 26 Studying the consequences of the January, when the Papeete court of 1966–1996 nuclear testing program appeals confirmed his suspended sen- was another important issue during tence of one year in prison and a fine the period under review. On 15 July of 3 million Pacific francs (about 2005, the upld majority in the assem- us$30,000) for embezzling public bly had voted to establish a special funds. Vernaudon had built a private committee of inquiry about the issue, house with municipal funds in the covering the aboveground tests from township of Mahina, where he is the 1966 to 1974 and their effects on the mayor. However, because his voting country’s population. A proposal rights were not suspended (as is usual introduced by Gaston Flosse for in political corruption cases under another committee on nuclear testing French law), he was able to keep both that would have been limited to his mayoralty and his ministerial port- Flosse’s home island of Mangareva folio. At the same time, Vernaudon was not adopted. For seven months continued to occupy a public piece of the committee of inquiry, headed by land on the Taiarapu peninsula as a upld representative Tea Hirshon, “party house,” thereby blocking worked in close cooperation with the access to an economically promising nuclear test victims association Moru- shrimp-breeding project in an adja- roa e Tatou (Moruroa and Us) and cent valley (TP, 26 Feb 06). several French and international While the latter project would cer- experts, in order to counter the denial tainly be beneficial to the country’s by the French government of any economy and create many jobs, the negative consequences of the testing. development of new tourist facilities Members of the committee visited the is becoming more and more contro- inhabited islands closest to the former versial within the pro-independence testing center but were denied access movement. Seeing tourism as one of to Moruroa and Fangataufa, the two French Polynesia’s main economic atolls where testing took place, which resources, Temaru and Tourism Min- are still military security zones. political reviews • polynesia 217

On 9 February 2006, the commit- who had been very determined in his tee presented its final report, contain- investigation of Flosse’s affairs, was ing detailed accounts of the studied suspended from office and later per- islands, as well as evidence from offi- manently moved to another French cial reports of deliberate misinforma- territory. This led to rumors of politi- tion and concealment of irradiation by cal moves by powerful people in Paris the military. The report demonstrates designed to protect Flosse (TPM, June conclusively that the atmospheric tests 2006). exposed the population to radiation After the two reports had shed (TPM, Feb 2006). some light on the past, the focus of While the sad truth about nuclear political debate returned to the pre- testing is being uncovered and will sent and the future. In March 2006, have to be admitted by France sooner during a trip to the Cook Islands, or later, abuses of power by the Flosse President Temaru publicly declared government are also being revealed. his intention to lead his country to On 22 February, the Territorial Cham- independence from France, in his ber of Accounts presented a report on clearest statement on the matter since Flosse’s presidency from 1991 to his election to the presidency. He also 2004. According to that document, questioned the country’s official the Office of the President had 626 name, saying he preferred Nui employees in 2004, and included an (Greater Tahiti) (CIH, 11 March intelligence section that carried out 2006). Two weeks later, on a trip to illegal surveillance operations against the island of Tubuai, Temaru repeated political opponents. The report also his desire for independence, arguing confirmed that a journalist who had that economic development will be written pro-government editorials in blocked as long as the country a local daily was paid 80 million remains part of France (TPM, Apr Pacific francs (about us$800,000) by 2006). the presidential office. The report fur- In late March, French Minister for ther details the wasteful use of public Overseas Territories François Baroin funds for prestige projects, including visited the country. Temaru received presidential residences on the atolls of him cordially but made it clear that, Tupai and Fakarava, which cost 1.6 as the country’s colonizer, France had billion Pacific francs (about us$16 a historic responsibility to support the million) and 2.5 billion Pacific francs process of self-determination. Temaru (about us$25 million), respectively, proposed an “Accord of Tahiti Nui” to build (TPM, March 2006). On 21 with France, inspired by the Nouméa June, Flosse was sentenced to a sus- Accord of New Caledonia. This would pended jail term of three months for require France to recognize the colo- authorizing the government’s purchase nial fact and promise to help Tahiti of his son’s hotel in 2000, when the Nui prepare its independence during a latter was in financial difficulties. Like transitional period of at least a decade Vernaudon, however, Flosse was not leading to a referendum on indepen- sentenced to ineligibility (TP, 26 June dence (TPM, Apr 2006). 2006). On 18 January 2006, examin- Temaru’s declarations provoked a ing magistrate Jean-Bernard Taliercio, new backlash from both the French 218 the contemporary pacific • 19:1 (2007) government and local pro-French March Hiro Tefaarere resigned from politicians. High Commissioner his ministerial portfolio. When Boquet accused Temaru of “placing Temaru refused to accept his resig- himself outside the republican values” nation, Tefaarere left both the upld and reminded him that he himself had and the Tavini Huiraatira party. How- said at his inauguration that indepen- ever, he reaffirmed his political posi- dence was not on the immediate tion in favor of independence (TP, 6 agenda. Boquet also criticized Tema- Apr 2006). With Tefaarere sitting now ru’s referring to the country as “Tahiti as an independent, the upld lost its Nui” (TPM, April 2006). This was overall majority in the assembly. quite astonishing, given the fact that At the same time, Emile Vernaudon Gaston Flosse, who had frequently intensified his political agitation called himself “President of Tahiti against Temaru. On 12 April, two Nui,” had never been reprimanded days before the scheduled vote for the by the high commission. annual reelection of the assembly’s The Tahoeraa opposition also Speaker, Vernaudon resigned from his intensified its media campaign against ministry, giving as reasons Temaru’s the government. The Tahoeraa weekly pro-independence activities and the L’Hebdo as well as the party’s Radio lack of collegiality within upld. The Maohi launched regular and virulent following day, an agreement was attacks on Temaru and his political signed between Flosse’s Tahoeraa, ideas, discrediting the idea of indepen- Vernaudon’s Ai‘a Api, Bouissou’s dence as catastrophic for the country, Rautahi, the independent representa- using old stereotypes from French tives from the outer islands, as well colonial times, and accusing the as Hiro Tefaarere, to form an “auton- Temaru government of being dicta- omist front.” The front included torial and racist. twenty-nine representatives, thus Tahoeraa did everything it could to forming a new majority. Gaston Tong polarize society between the ideas of Sang, a Tahoeraa representative and autonomy (implying continued French Bora Bora mayor, was designated sovereignty) and independence. At the their candidate for the position of same time, Jean-Christophe Bouis- Speaker, against upld incumbent sou’s Rautahi party went back into Antony Geros. The group further a political alliance with Tahoeraa, intended to overthrow Temaru in a claiming to build up an “autonomist motion of censure, with Vernaudon front” in order to fight the idea of as their candidate for president. independence. Several other small Flosse himself formally kept out of parties that had split from Tahoeraa the political game, a precondition earlier joined that alliance as well. demanded by the other partners of This led to the suspicion that those the autonomist front. small parties had really been “satel- However, the vote for Speaker lites” or “submarines” of Tahoeraa turned out quite differently. Philip (TPM, May 2006). Schyle, the leader of Fetia Api (New While the opposition gathered its Star), a pro-French, anti-Flosse party, forces, struggles within the upld were had refused to take part in the auton- fought more and more openly. On 29 omist front, but then announced his political reviews • polynesia 219 own candidacy for the position of Gaston Flosse, his party, and their Speaker. When the secret ballot was allies were all eager to denounce conducted, 29 representatives voted Temaru’s tactics, while keeping quiet for Schyle, 28 for Geros, and none about having used the same tactics for Tong Sang. Apparently, the mem- immediately before. As Tahiti bers of the autonomist front had all Pacifique Magazine (TPM) editor Alex voted for Schyle, preferring him as an Du Prel reminded readers, it was autonomist to the pro-independence Flosse and his party who, for decades, Geros. Schyle, however, did not want in collaboration with the French State, to play their game. He said he owed had applied the tactics of “buying” nothing to those who had voted him politicians (TPM, May 2006). in and considered himself the Speaker Political corruption was not the for everyone. He also announced that only thing being deplored in society. he would not support a motion of Even more dramatic were threats to censure against Temaru (TPM, May the survival of indigenous Polynesian 2006). languages. On 12 May, the associa- Some days later, on 19 April, tion Te Rauti o te Reo (Exaltation of before the vote on the assembly com- the Language) published an alarming mittees, President Temaru announced study showing that less than 20 per- major changes in his cabinet. The cent of the population speak Reo representatives from the Tuamotu Maohi (Tahitian or another Polyne- Islands, Teina Maraeura and Michel sian language). In 1975 the compara- Yip, as well as Dauphin Domingo ble figure was 80 percent (TPM, June from Tahiti island—who were all 2006). Especially among young peo- considered close allies of Vernaudon ple, Tahitian has been replaced almost and whose names had been on the list totally by French or a pidgin version of the autonomist front just a few of it. The Temaru government and days earlier—joined Temaru’s gov- Education Minister Jean-Marius Raa- ernment, either as cabinet ministers poto are very keen to change this or as upld representatives. Their sup- trend, and a revision of the education port gave Temaru once more a clear system is being prepared to that end. majority of 30 seats in the assembly, On 29 March, however, the French against 25 for the autonomist front, State Council prohibited the use of and 2 for Schyle’s neutral group. The any language other than French in the upld was thus able to keep control debates of the Assembly of French over both the assembly committees Polynesia (TPM, April 2006)—an act and the executive government. Temaru seen by both the Temaru government had won another round in his strug- and Te Rauti o te Reo as a colonial gle for political survival, at the price provocation. of the loss of the assembly Speaker’s Related to concerns for the preser- office (TPM, May 2006). vation of the country’s native lan- The political maneuverings by both guage are the efforts by members of the opposition and the government to the Royal Customary Council for the “buy” and “re-buy” each other’s preservation of land rights, historical politicians worsened the image of monuments, and respect for historical politics and discredited all politicians. treaties. Founded in early 2005 by 220 the contemporary pacific • 19:1 (2007) royal descendent Joinville Pomare, for only coming back to Tahiti as a the council advocates recognition of stopover before his next trip (see, eg, customary leadership by arii (tradi- L’Hebdo, 9 March 2006). These tional chiefs). During the period under critics forgot, however, that foreign review, the council increased its activ- relations is Temaru’s portfolio within ity, finding more and more support the government, and that for the among both the local population and construction of a future independent customary leaders from other Pacific state, it is essential to build and Islands. On 29 October 2005, between maintain a network of political and 2,000 and 2,500 people attended a economic relations. meeting of arii descendents around In late June, Temaru traveled to the royal tomb in Arue. Guests Paris to meet with French Prime Min- included Gabriel Paita, the president ister Dominique de Villepin and sev- of the Customary Senate of New eral other cabinet ministers. However, Caledonia, and members of the Cook he did not attend a scheduled meeting Islands’ , as well as with President Jacques Chirac. The delegates from Rapa Nui and Hawai‘i. missed meeting caused a new contro- Pomare and his followers once again versy in Tahiti, with the opposition demanded the creation of a recog- accusing the president of sabotaging nized customary institution in French the country’s relations with France, Polynesia, modeled after that of New and the president’s office calling it a Caledonia (TP, 29 Oct 2005; NT, 31 miscommunication (TP, 23 June 2006; Oct 2005). The alleged treaty of Le Monde, 25 June 2006). At the annexation that was signed in 1880 France–Oceania summit conference in by Tahiti’s last king, Pomare V, and the Elysée (French presidential) palace the French authorities, was subjected on 26 June, Temaru talked about the to a detailed analysis by a working right of self-determination of peoples group on legal issues within the coun- and demanded that that issue be cil, led by Mareva de Montluc; the included in the communiqué of the working group found the treaty legally meeting. Chirac responded that he questionable (DT, 24 Oct 2005). On 6 believed the majority of the people of May, based on its preceding historical French Polynesia do not desire inde- and judicial research, the council pendence and so there was no reason established a so-called Indigenous for it (TPM, July 2006). Land Tribunal in order to deal with Back in Tahiti, another controversy land claims by Tahitian families. took place at the end of June concern- According to the 1880 treaty, this ing historical symbols, monuments, institution was to be preserved under names, and holidays. Under Flosse, 29 French rule, but it was later sup- June had been designated as the local pressed. The French judiciary declared holiday to commemorate the signing that the tribunal had no value under of both the annexation treaty in 1880 French law (TP, 9 May 2006). and the second Statute of Autonomy Meanwhile, President Temaru was in 1984. The Temaru government had, criticized by the opposition for exces- in effect, abolished that holiday and sive travel to foreign countries, such proposed 20 November, the rising of as his trip to Japan in mid-May, and the Matarii (Pleiades), as a depoliti- political reviews • polynesia 221 cized, purely cultural alternative. The both the monument and the street pro-French opposition, on the other renaming as “unfriendly gestures” hand, continued to celebrate the toward France (TP, 3 July 2006). “autonomy holiday” and had a While arguments of this kind are “monument to autonomy” dedicated likely to go on and even increase in on a roundabout in Papeete. On the the near future, relatively little has night before the dedication, two cabi- been done for the economic develop- net ministers unsuccessfully tried to ment of the country. TPM editor Alex remove the monument, claiming it Du Prel wrote in an editorial in was “hazardous to traffic” (TP, 29 March that nothing has changed one and 30 June 2006). The “autonomy year after the Taui Roa policy was celebration” highlighted speeches by introduced (TPM, March 2006). Presi- Emile Vernaudon and Hiro Tefaarere dent Temaru’s idea of an “Accord of in favor of autonomy—demonstrating Tahiti Nui” is certainly a good one, again how easily local politicians can but it must be accompanied by more switch from one ideology to another; detailed economic planning. Develop- two years earlier, on 29 June, Ver- ing a solid and sustainable economic naudon had participated in a pro- strategy for the country’s future is independence ceremony in , becoming more necessary than ever. while in March 2006, Tefaarere had If the country is to survive in the long still claimed to be pro-independence. run, the government budget, which is On 28 June 2006, the cabinet by now almost exclusively funded by decided to rename Bruat Avenue in subsidies from France, must be cut the administrative center of Papeete drastically. According to political sci- after Pouvanaa a Oopa. Bruat had entist Jean Marc Regnault, as social been the first French governor of and economic problems in France Tahiti in the 1840s, whereas Pouva- increase, funds for overseas entities are naa a Oopa had founded the anticolo- likely to decrease (TPM, Dec 2005). nial Tahitian nationalist movement Many of French Polynesia’s current after World War II. The Temaru gov- economic problems stem from the ernment announced that this change politico-economic system put in place was just the beginning of a process of by France in the 1960s and 1970s “name decolonization,” as most roads during the period of nuclear testing. in Papeete currently carry names of Regnault argues that Moruroa colonial officers, French presidents, or resulted not only in health issues even figures from French history hav- because of irradiation, but also in ing no relationship at all with Tahiti forty years of clientelism through (TP, 30 June 2006). French capital injection, which has In the next act in the “war of mon- profoundly impacted society (TPM, uments,” Temaru inaugurated a mon- Feb 2006). A mentality of receiving ument to the victims of French nuclear and distributing wealth has become testing in another park in Papeete on endemic among the local elite. Politi- 2 July, the fortieth anniversary of the cal corruption in that sense is not first nuclear test on Moruroa (TPM, only common among the Tahoeraa July 2006; TP, 2 July 2006). High and its allies, but also increasingly Commissioner Boquet denounced among the new elite of the Taui Roa. 222 the contemporary pacific • 19:1 (2007)

Unfortunately, Emile Vernaudon is Le Monde. Daily. Paris only one outstanding case. While Temaru and many of his collaborators NT, Les Nouvelles de Tahiti. Daily. Tahiti. are serious and honest leaders with a Tavini Huiraatira. 2005. “Bout de vision of change, many other civil ser- Papier”: Une tempête dans une verre vants are hardly distinguishable from d’eau. Press release, 22 November. their predecessors. The other issue that constantly To‘ere. Weekly. Tahiti. causes tensions in society is the ques- TP, Tahitipresse. Daily Internet news. tion of independence. Many people Tahiti. still do not understand what indepen- TPM, Tahiti Pacifique Magazine. Monthly. dence would mean, and what chances Tahiti. the country would have once it over- came the dependency on France and became a member of the family of Pacific nations. Most people have Hawaiian Issues been affected by decades of French propaganda, and hardly anyone from In the past year Tahiti has ever visited an independent faced challenges in the courts, in the Pacific Island country. Instead they US Congress, and in the environment. have seen biased reports and docu- In the courts, the Office of Hawaiian mentaries emphasizing how poor and Affairs triumphed over litigation downtrodden these islands are, com- threatening first to dismantle and pared with wealthy Tahiti. The new then to bankrupt the agency, and the government has worked hard to de- Kamehameha Schools awaits a deci- dramatize the independence issue, by sion on its Hawaiian-preference constantly raising the issue and resist- admission policy. In the realm of ing pro-French criticism from French indigenous rights, the “” and local people, as well as by increas- was scrutinized and denied a full ing cooperation with other Pacific debate in the US Senate, while the islands. However, much more must be United Nations’ Human Rights Coun- done if the government wants people cil adopted the Declaration on the to rethink their attachment to France Rights of Indigenous Peoples. In envi- and share their president’s vision of a ronmental matters, Native Hawaiians future as Maohi (indigenous Polyne- joined forces against “biopiracy,” and sians) within the Pacific community. the Northwestern Hawaiian Islands became a national monument. lorenz gonschor The latest in a string of lawsuits precipitated by the US Supreme References Court’s 2000 Rice v Cayetano deci-

CIH, Cook Islands Herald. Weekly. sion was defeated in June 2006. In the Rarotonga. Rice v Cayetano ruling, the US Supreme Court invalidated the state’s DT, La Dépêche de Tahiti. Daily. Tahiti. Hawaiians-only voting policy for the L’Hebdo. Weekly. Tahiti. Office of Hawaiian Affairs (oha). In March 2002, sixteen plaintiffs filed political reviews • polynesia 223 the Arakaki v Lingle case, challenging tiffs (three were dismissed because the constitutionality of the Office of they were Native Hawaiian, one with- Hawaiian Affairs, the Hawaiian drew, and one passed away) appealed Homes Commission Act (hhca), and to the Ninth Circuit Court of Appeals other state and federal Native Hawai- (Viotti 2004). In August 2005, the ian–focused programs and agencies. appellate court upheld the lower Claiming standing solely as taxpayers, court’s ruling, but reinstated a portion the plaintiffs objected to the use of of the suit challenging the funding of general state and federal income tax the Office of Hawaiian Affairs from revenues for the agencies. They state general funds. The office cur- demanded the dissolution of the rently receives about $2.8 million a Office of Hawaiian Affairs, the year from the state general fund, Hawaiian Homes Commission Act, about 9 percent of the agency’s and other similar programs, arguing annual operating budget (oha 2006). that they violated the equal protection Arakaki v Lingle was dependent on clause of the Fourteenth Amendment the plaintiffs’ legal standing to chal- of the US Constitution. lenge state policies. In a May 2006 In November 2003, Hawai‘i’s US Ohio case (Cuno v DaimlerChrysler, District Court Judge Susan Mollway Inc, 386 F.3d 738 [6th Cir. 2004]), the removed the Department of Hawaiian US Supreme Court ruled that a group Homelands (dhhl), Hawaiian Homes of taxpayers, who challenged nearly Commission, State Council of Hawai- $300 million in tax breaks for an ian Homestead Associations, the fed- automobile manufacturing plant, had eral government, and other interven- no legal standing to challenge the tax ing parties from the suit. The district or spending policies of a state “simply court dismissed the plaintiffs’ claims by virtue of their status as taxpayers” because “any challenge to the lessee (US Chief Justice John Roberts, requirements of the dhhl lease pro- quoted in Kobayashi 2006). In light gram set up by the hhca, a state law, of the Ohio ruling, on 14 June 2006, necessarily involves a challenge to the the US Supreme Court rejected the Admissions Act (1959),” and the plaintiffs’ legal standing in Arakaki v plaintiffs had no standing to sue the Lingle and overturned the lower United States (Arakaki v Lingle, No court’s decision. 04-15306, US 9th Circuit Court of While the State of Hawai‘i and the Appeals: 9–10). In addition, the Office of Hawaiian Affairs were tri- Native Hawaiian Government umphant in the Arakaki v Lingle case, Reorganization Act of 2005 was another prominent Hawaiian institu- being discussed at the congressional tion continues to battle similar litiga- level. So, in January 2004, Judge tion challenging the legitimacy of its Mollway dismissed the case against policies. The Kamehameha Schools the State of Hawai‘i and the Office of ‘ohana (family)—trustees, administra- Hawaiian Affairs, because the courts tion, alumni, students and faculty— should not interfere with an existing and the Hawaiian community wait debate over Hawaiians’ political anxiously as a panel of fifteen judges status (Viotti 2004). in the Ninth Circuit Court of Appeals Eleven of the original sixteen plain- decides the future of the institution. 224 the contemporary pacific • 19:1 (2007)

The question at hand is whether or non-Hawaiian children (Kamehameha not Kamehameha’s Hawaiian-prefer- Schools 2006a). ence admissions policy violates US In June 2003, an unidentified non- federal anti-discriminatory laws. Hawaiian applicant (dubbed “John The Kamehameha Schools is a pri- Doe”) filed suit against the Kameha- vate educational institution founded meha Schools because he was denied in 1887 by the Last Will and Testa- admission. In Doe v Kamehameha ment of a Hawaiian princess, Bernice Schools, the plaintiff argued that Pauahi Bishop. Her entire estate— Kamehameha’s admissions policy more than 350,000 acres—was to be violates the anti-discriminatory held in trust for the purpose of sup- provisions in section 1981 of the Civil porting the schools and educating Rights Act. Enacted in 1866, this sec- Native Hawaiian children (Kame- tion of the Civil Rights Act was estab- hameha Schools 2006c). In a speech lished to protect newly freed slaves at the school’s first Founder’s Day from racial discrimination in the for- celebration in 1889, Charles Reed mation and enforcement of contracts. Bishop spoke of his late wife’s con- “Doe” argued that admission to a cern regarding the “rapid diminution” private school is a contract, and that of her people because of increasing his exclusion was based solely on the westernization in the kingdom. He fact that he is not Native Hawaiian. said she wanted to create the schools The plaintiff requested that the court to correct this manifest imbalance. force the Kamehameha Schools to Later in the same speech he empha- admit him to any of the three cam- sized that only through proper educa- puses, overturn the Hawaiian-prefer- tion would the native people “be able ence admissions policy, and award to hold their own” in the face of monetary damages. rapid change and encroaching exter- Kamehameha’s legal team argued nal forces. To that end, he emphasized that the admissions policy is legally the intent of the late princess that justified under section 1981 because “Hawaiians have the preference” in it seeks to correct past and present applying to the schools (Charles Reed imbalances suffered by Native Hawai- Bishop, quoted in Kamehameha ians as a result of Western contact Schools 2006c). and subsequent colonization (see US As heirs to her estate, Native Public Law 103-150, the “Apology Hawaiian children are given prefer- Resolution”). According to Kame- ence for admission to Kamehameha hameha attorney Kathleen Sullivan, Schools, which is financially sup- the Kamehameha Schools and its pol- ported by the Bishop Estate. The icy are “entirely legal under our civil Kamehameha Schools is currently rights laws because they redress the valued at about $7 billion and spends continuing harm from a legacy of approximately $200 million a year to devastation that Congress has support three campuses that serve acknowledged and apologized for 6,550 students, more than thirty pre- against the Native Hawaiian people.” schools, and other educational out- Kamehameha Trustee Admiral Robert reach services for both Hawaiian and Kihune added, “There are still thou- political reviews • polynesia 225 sands of Native Hawaiians who need 2005). In response, Kamehameha’s the educational opportunities pro- legal team petitioned for and was vided by Kamehameha Schools to granted an en banc hearing in front help remedy historical harms that of fifteen judges from the appellate continue even today” (Kamehameha court. (In an en banc hearing, the Schools 2006e). entire membership of an appellate Their argument is supported by court convenes to reconsider a deci- five sub-arguments: (1) The Kameha- sion of a smaller panel of the same meha Schools is a private institution court.) The new, larger panel of that receives no federal money; (2) the judges heard arguments from both admissions policy is a remedial effort, sides on 20 June 2006; they were as was the original intent of the 1866 instructed not to consider the previ- Civil Rights Act, to address the socio- ous ruling in their decision. Until the economic and educational disparities en banc panel rules, Kamehameha’s faced by the indigenous people of Hawaiian-preference admissions Hawai‘i; (3) the schools were founded policy remains in effect. when Hawai‘i was an independent While it is too late for the plaintiff nation and the schools were estab- to graduate from the Kamehameha lished to address the aforementioned Schools, if the en banc panel rules in disparities; (4) the US Congress has favor of the plaintiff (barring further acknowledged the historical wrongs appeals to the US Supreme Court), committed by the US and has enacted the schools’ admissions policy will not “more than 85 statutes that provide be the only one affected. Overturning funding for programs exclusively the admissions policy would also benefiting Native Hawaiians;” and affect financial aid policies and allow (5) “Kamehameha graduates have non-Hawaiian students to receive gone on to leadership positions” in funding from the Kamehameha every field and many return to help Schools. Every year, the institution others in Native Hawaiian commu- distributes about $15 million in finan- nities (Kamehameha Schools 2006b). cial aid to Native Hawaiian college Based on these key arguments, students from around the nation Kamehameha’s legal team requested (Kamehameha Schools 2006a). The that the case be dismissed. Kamehameha Schools is one of the In November 2003, Federal Dis- few remaining Hawaiian institutions, trict Judge Alan Kay ruled against the and to many it is a symbol of the plaintiff, “Doe,” thereby affirming health and well-being of Native Kamehameha’s admission policy. Hawaiians and the Hawaiian culture. Seven months later, in June 2004, the The elimination of one of the Kame- plaintiff appealed Judge Kay’s deci- hameha Schools’ defining characteris- sion to the US Ninth Circuit Court tics could generate additional diffi- of Appeals. A panel of three judges culties for Native Hawaiians. heard arguments in November 2004, In the broader international con- and in August 2005 ruled 2–1 against text, the United Nations Human Kamehameha (for an analysis of the Rights Council adopted the UN Dec- ruling, see Harvard Law Review laration on the Rights of Indigenous 226 the contemporary pacific • 19:1 (2007)

Peoples. The Human Rights Council strengthen their distinct political, was created by the UN General legal, economic, social and cultural Assembly in March 2006 to replace institutions, while retaining their the UN Commission on Human rights to participate fully . . . in the Rights. The council consists of forty- political, social and cultural life of seven member countries elected by the the State” (UN 2006b). The next General Assembly and is charged with step is adoption by the UN General promoting universal respect for and Assembly. implementation of human rights While on the international front obligations. In addition, the council it has been a historic year for human must also address violations of human and indigenous rights, in the United rights, “respond promptly to human States, efforts to address the plight rights emergencies . . . serve as a of the indigenous people of Hawai‘i forum for dialogue . . . [and] make continue to experience opposition recommendations to the General on national and local levels. In July Assembly for further development 2005, in an effort to force debate and of international law in the field of a floor vote on the Native Hawaiian human rights” (UN 2006a, 2–3). Government Reorganization Act of On 29 June 2006, thirty member- 2005, s 147 (also known as the nations of the Human Rights Council Akaka Bill), US Senate Majority voted to adopt the UN Declaration Leader Bill Frist filed a petition for on the Rights of Indigenous Peoples. cloture. (Cloture refers to the proce- The two member-nations that voted dure of ending debate in a legislative against adopting the declaration and body and calling for an immediate most of the twelve member-nations vote.) But the petition was tabled to that abstained explained that it was allow the Senate to address emergency not for lack of support for the rights measures for victims of Hurricane of indigenous peoples of the world, Katrina on the Gulf Coast of the but that they regretted the lack of United States. On 6 June 2006, Senate time to deal with certain provisions Majority Whip Mitch McConnell that might conflict with specific filed another petition for a cloture national policies (UN 2006b). vote on the bill. The Declaration on the Rights of In the weeks leading up to the Indigenous Peoples provides that 2006 vote, supporters of the bill were indigenous peoples “have the right to confident they had enough votes to the full enjoyment . . . of all human win. However, unfavorable recom- rights and fundamental freedoms.... mendations from the US Commission are free and equal to all other peoples on Civil Rights (usccr) and the and have the right to be free from any White House weakened support for kind of discrimination. . . . have the the bill and, in turn, the cloture mea- right of self-determination. . . . [can] sure. In a May 2006 usccr report, freely determine their political status the body recommended “against the and freely pursue their economic, passage of the Native Hawaiian Reor- social and cultural development. . . . ganization Act of 2005 s.147 . . . or [and] have the right to maintain and any other legislation that would dis- political reviews • polynesia 227 criminate on the basis of race or Department of Justice opposing s147, national origin and further subdivide concurring with the usccr recommen- the American people into discrete dation, and calling tribal recognition subgroups accorded varying degrees for Native Hawaiians “inappropriate” of privilege” (usccr 2006, 15). (usdj 2006). The Senate cloture vote In response, the State of Hawai‘i took place immediately after this, on disputed the idea that s 147 creates a 8 June 2006. Despite their best efforts, “race-based” government and argued the bill’s supporters fell four votes that Native Hawaiians have a special, short of the sixty needed to pass the political relationship with the US measure. The Akaka Bill is effectively federal government, as demonstrated dead for the remainder of the 2006 by numerous legislative acts (Bennett US congressional session. 2006). Although Native Hawaiians While the US federal government have frequently been grouped with debates in Congress the issues sur- other federally recognized Native rounding the status of the Native American and Native Alaskan nations, Hawaiian people, Native Hawaiians they have yet to be likewise recog- continue to debate within the com- nized. The state’s response to the munity about the best way to address usccr report says that “there is their issues. Many of the Native simply no legal or moral distinction Hawaiian groups that oppose the between Native Hawaiians and Amer- Akaka Bill and federal recognition say ican Indians or Alaska natives that that the domestic-dependent nation would justify denying Native Hawai- status that would be created by the ians the same treatment” (Bennett passage of the bill is not enough. They 2006, 3). maintain that the only remedy for the At the same time, Hawai‘i’s Gov- violations of Hawaiian national sov- ernor Linda Lingle sent a letter to ereignty committed by the United Republican Congressman and Senate States is full independence, and have Majority Leader Bill Frist that echoed sought help from the United Nations the state’s response. The governor in this matter (see Lance Paul Larson characterized the usccr report as a v Hawaiian Kingdom in the UN “misguided action . . . [of] a deeply Court of Arbitration at The Hague). polarized Civil Rights Commission Further, they argue that federal recog- . . . based on a grossly flawed under- nition would merely mean additional standing of the history of Hawai‘i and interference in the internal affairs of of the law itself.” She also empha- the Kingdom of Hawai‘i. sized the inequality of treatment of The day before the cloture vote, Native Hawaiians, stating, “It is a Hui Pü, a consortium of Native very simple matter of justice and fair- Hawaiian groups, staged a demon- ness that Native Hawaiians receive stration opposing the Akaka Bill by the same treatment that America’s occupying ‘Iolani Palace and hanging other indigenous peoples enjoy” inverted Hawaiian flags. Both ‘Iolani (Lingle 2006, 1). Palace and the national Hawaiian flag Despite these criticisms, the White continue to be symbols of Hawaiian House issued a letter from the US nationhood. ‘Iolani Palace was built 228 the contemporary pacific • 19:1 (2007) by King David Kaläkaua in 1882 and Sämoa in 1993–1994, the University was the seat of the Hawaiian gov- of Hawai‘i began research to produce ernment; today, it is a museum. The a variety of taro resistant to the dis- national Hawaiian flag was appro- ease, which is caused by a fungus priated by the State of Hawai‘i. It is (Phytophthora colocasiae) (Trujillo important to note that the inversion and others 2002, 1; ascc 2000, 1). of a flag is an international symbol of In 1995, uh researchers crossed distress, in this case, of the Hawaiian Hawaiian “ Lehua” and nation itself. Palauan “Ngeruuch” taro cultivars Native Hawaiians have also joined and successfully derived three disease- other indigenous peoples in the fight resistant varieties—Pauakea, Pa‘lehua against biopiracy. Biopiracy refers to [sic], and Pa‘akala—for which they the “commercial development of nat- were issued patents in 2002 (Trujillo urally occurring biological materials, and others 2002, 1; US patents such as plant substances or genetic cell 12342, 12361, 12772). As a result, lines, by a technologically advanced since 2002, rights to cultivate the country or organization without fair three varieties had to be purchased compensation to the peoples or from the university. nations in whose territory the mate- In January 2006, Native Hawai- rials were originally discovered” ians began voicing opposition to the (American Heritage Dictionary 2004). patents. According to Hawaiian tradi- Around the world, universities as tion, Häloa, the elder brother to the well as biotechnology, agrochemical, first human being, became the first and pharmaceutical companies are kalo plant and holds great significance exploiting indigenous knowledge. in Hawaiian theology. Farmers, Zymogenetics, Inc, a Seattle-based Hawaiians, and others joined Molo- biotechnology company, caused an ka‘i activist Walter Ritte in demand- uproar in Brazil when it patented ing that the University of Hawai‘i chemical compounds secreted by a drop the patents. Kaua‘i farmer Chris native Amazon tree frog used by the Kobayashi said that kalo farmers had indigenous tribes in shamanistic ritu- been working with the university on als. If the US patents on Basmati rice similar projects, but the idea of own- and grains obtained in 1997 by ership was never raised (TenBruggen- RiceTec, a transnational corporation, cate 2006a). On 10 January 2006, are enforced internationally under Ritte and Kobayashi sent a letter to World Trade Organization rules, it Andrew Hashimoto, the dean of the could seriously affect the livelihoods uh College of Tropical Agriculture of Indian and Pakistani farmers (Pri- and Human Resources, requesting mal Seeds nd). In Hawai‘i in 2002, a that the school abandon the patents. University of Hawai‘i (uh) researcher On 23 February 2006, they sent an was granted patents on three varieties identical letter to David McClain, of kalo (taro, Colocasia esculenta). then interim uh president. After an epidemic of the taro leaf The protests received some media blight destroyed over 90 percent of coverage and support from external the taro crop in American Sämoa and groups. The Center for Food Safety, political reviews • polynesia 229 a nonprofit public interest and envi- genetic engineering issues. The world’s ronmental advocacy membership indigenous cultures have been utiliz- organization, issued a press release ing and developing biological materi- supporting Native Hawaiian efforts to als for centuries. The idea that a com- reclaim taro (cfs 2006). (There was pany or individual can patent these some confusion at this time about the materials or the processes that created nature of the derivation; the new vari- them for profit to the exclusion of eties were created using traditional native communities is alarming. In cross-breeding techniques and were a related issue, scientists and bio- not genetically manipulated.) How- pharmaceutical companies have also ever, Ritte and Kobayashi received no been experimenting with the genetic official reply from the university. They manipulation of organisms. In fact, in increased pressure on the university the United States, Hawai‘i is second by holding a rally and erecting a stone only to Nebraska in field trials of altar with a carved figure of a man “biopharmaceuticals—crops that pro- holding Häloa (kalo) on the front duce dangerous drugs like vaccines, lawn of the uh administration build- hormones, contraceptives, and other ing on 29 April 2006. To force a biologically active compounds” dialogue, activists delayed a uh Board (Kanehe 2005). of meeting on 18 May by Both biopiracy and genetic manip- chaining the doors of the uh medical ulation of organisms are relatively school, where the regents were sched- new fields and as such face few regu- uled to meet. Ritte announced, “You latory measures. They prompt serious cannot own our taro” (kitv4 News moral and ethical questions that have Online 2006). When Ritte and others yet to be answered on a global scale. opposed to the kalo patents were For example, will similar research or finally able to speak directly to the practices be conducted in nature regents, the protest ended peacefully. reserves and other conservation areas The university offered to transfer around the world? If so, what will the the patents to Native Hawaiians, but consequences be for these ecosystems? activists refused, saying, “Nobody In 2006, the United States established should own any life form” (Niesse the largest sanctuary in the world in 2006). On 21 June 2006, the univer- the Northwestern Hawaiian Islands; sity agreed to drop the patents, plac- might it, too, be vulnerable to such ing the kalo varieties back into the potentially harmful practices? public domain. In response, Ritte On 15 June 2006, President George stated, “Today is a victory. . . . The W Bush established the Northwestern university has taken a big step by Hawaiian Islands Marine National listening to the people they should be Monument (Bush 2006a). According listening to. It’s a huge example for to a White House press release, it is other people to follow” (Essoyan “the largest single area dedicated to 2006). conservation” in US history “and the A worldwide concern, biopiracy largest protected marine area in the combines both individual and collec- world.” From 50 miles east of tive intellectual property rights and Island to 50 miles west of , 230 the contemporary pacific • 19:1 (2007) the 1,200-mile stretch includes about This immense new monument is at 140,000 square miles of atolls, reefs, the center of heated debate regarding and landmasses. The newest national marine resource management and monument is “more than 100 times administration. One of the major larger than Yosemite National Park, issues under examination is commer- larger than 46 of the 50 states, and cial fishing. Some environmental and more than seven times larger” than Native Hawaiian groups are in favor all US National Marine Sanctuaries of a complete ban on fishing in the combined (Bush 2006b). area. Others who depend on the reef The creation of the Northwestern for fish feel their livelihoods are being Hawaiian Islands Marine National threatened and instead advocate for Monument is the culmination of over “continued sustainable fishing” (Wes- a century of concern about the area’s Pac 2006). The Ocean Conservancy, invaluable, yet finite resources. It based in Washington dc, and kahea, began as early as 1900 with concerns an alliance of Kanaka Maoli (Native about the endangered avian popula- Hawaiian) cultural practitioners, envi- tion on Midway. In 1903, President ronmental activists, and others, favor Theodore Roosevelt created the Mid- a total ban on commercial fishing. way Islands Naval Reservation, and, The Ocean Conservancy predicts that in 1909, the Hawaiian Islands Bird unless bottom-fishing is prohibited in Reservation. The former became the the area, “fish stocks would reach the National Wildlife danger threshold by next year and Refuge in 1996, and the latter became would fall into the ‘overfished’ cate- the Hawaiian Islands National Wild- gory by 2010” (Waite 2005). kahea life Refuge in 1940. In 2000, Presi- seeks to protect hundreds of unique dent Bill Clinton created the North- species in this delicate ecosystem as western Hawaiian Islands Coral Reef well as preserve Hawaiian ancestral Ecosystem Reserve. In September ties to the islands and surrounding 2005, Hawai‘i Governor Linda Lingle reefs. established all state waters in the In the past, management of the Northwestern Hawaiian Islands as a area was shared by the Western state marine refuge (up to three miles Pacific Regional Fishery Management from shore). Council (WesPac) and the National The Northwestern Hawaiian Oceanic and Atmospheric Adminis- Islands Marine National Monument tration’s (noaa) Pacific Islands Fish- will “preserve access for Native eries Science Center. Citing the Hawaiian cultural activities; provide collapse of the lobster fishery in the for carefully regulated educational and 1990s due to overfishing, the Ocean scientific activities; enhance visitation Conservancy and other environmen- in a special area around Midway tally concerned organizations have Island; prohibit unauthorized access accused both WesPac and noaa of to the monument; phase out commer- mismanaging the area. In addition, cial fishing over a five-year period; the Ocean Conservancy has charged and ban other types of resource WesPac, which is the main advocate extraction and dumping of wastes” for commercial fishing in the area, (Bush 2006b). with having conflicting interests, as political reviews • polynesia 231 many of the council leaders are them- arena. And biopiracy is now an unfor- selves fishermen. tunate fact of life. Hawai‘i and the Locally, the fishing community is world must continue to be vigilant divided on the issue. Native Hawaiian on all these issues. Maui fisherman Bobby Gomes, one of tracie ku‘uipo eight allowed to fish the Northwest- cummings losch ern Hawaiian Islands, said that the ban will affect his livelihood: “This is my job. I’ve dedicated my whole life References to fishing. . . . How am I going to American Heritage Dictionary. 2004. support my family?” He added, “I’m Biopiracy. The American Heritage Dic- born and raised here. I’m Hawaiian. tionary of the . Fourth I feel they’ve taken away our land Edition. Houghton Mifflin. Online at and now they are taking away our [accessed 22 July 2006] another Hawaiian fisherman, Isaac ascc, Community Harp, said the government should College. 2000. Taro Leaf Blight: Pests and ban all fishing and instead raise the Diseases of American Samoa. Cooperative money to buy out bottom-fishing Research and Extension Brochure No 3, boat owners and offer them alterna- prepared by Fred Brooks, Plant Pathol- tive employment, such as collecting ogist, ascc, Agriculture, Human and marine debris or escorting researchers Natural Resources. . [accessed 3 July 2006] Native practitioners, like those in kahea, say that the Northwestern Bennett, Mark, Attorney General, State of Hawaiian Islands are “celebrated in Hawai‘i. 2006. Brief Response to U.S. stories of creation as the place where Commission on Civil Rights Report on s 147, the Akaka Bill. Available online via Hawai‘i began” and that “these the Advertiser Web site, posted ancient islands are often described as 18 May. [accessed 6 July 2006] The Arakaki v Lingle case has Blakeman, Karen. 2006. Marine Sanctu- concluded, but we may yet see other, ary Not That Great If You Depend on comparable cases in the future. The Fishing. Honolulu Advertiser, 19 June. fate of the Kamehameha Schools’ admissions policy is still uncertain, Bush, George W, President of the United States. 2006a. Establishment of the North- but whatever the outcome, the fight western Hawaiian Islands Marine National will continue. The Akaka Bill, or Monument. White House proclamation, something similar, may reappear on 15 June. . [accessed 20 June 2006] and the status of Native Hawaiians ———. 2006b. Fact Sheet: The North- within (or without) the United States. western Hawaiian Islands Marine Meanwhile, a more robust Human National Monument: A Commitment Rights Council has managed to fortify to Good Stewardship of Our Natural indigenous rights in the international Resources. White House press release, 15 232 the contemporary pacific • 19:1 (2007)

June. Paki Bishop (1831–1884): Wills and [accessed 30 June 2006] Codicils. Kamehameha Schools Web site . cfs, Center for Food Safety. 2006. Uni- [accessed 7 July 2006] versity of Told to Give Up Taro Patents. Center for Food Safety (Wash- ———. 2006e. Quotes and Photos from ington dc) press release, 12 January. En Banc Hearing. Kamehameha Schools [accessed article.php?story=20060627163620731> 9 June 2006] [accessed 4 July 2006] Essoyan, Susan. 2006. Activists Tear Up Kanehe, Le‘a. 2005. A Ke A‘a: Strengthen 3uhPatents for Taro. Honolulu Star- the Root—Indigenous Voices Speak Out Bulletin, 21 June. on gmos in Hawai‘i. Indigenous Peoples Council on Biocolonialism Web site. Press Harvard Law Review. 2005. Civil Rights statement, 24 January. —Section 1981—Ninth Circuit Holds that . [accessed 19 May Policy Violates § 1981. (Doe v Kameha- 2006] meha Schools, 416 F.3d 1025, 9th Cir. 2005.) Harvard Law Review 119.2 (Dec kitv4 News Online. 2006. Protestors 2005): 661–668. Chain Doors To uh Medical School: Group Protests School’s Use of Taro Honolulu Advertiser. 2006. Lingle, Ben- Patents. kitv4 Honolulu, 18 May. nett Say They Are Happy with the Court’s . [accessed Advertiser, 22 February. 8 July 2006] kahea, the Hawaiian Environmental Kobayashi, Ken. 2006. oha Hails High Alliance. [2006]. Northwestern Hawaiian Court’s Rejection of Ohio Case. Hono- Islands. . lulu Advertiser, 16 May. [accessed 30 June 2006] Lingle, Linda, Governor, State of Kamehameha Schools. 2006a. Facts Hawai‘i. 2006. Letter to the Honorable about Kamehameha Schools. Kameha- Bill Frist, United States Senate. 15 May. meha Schools Web site . [accessed 4 July tiser Web site, posted 18 May [accessed ———. 2006b. Kamehameha Schools 6 July 2006] Admissions Policy Lawsuit: History and Key Arguments. Kamehameha Schools Niesse, Mark. 2006. Activists Celebrate Web site, 22 August. [accessed 4 July 2006] oha, Office of Hawaiian Affairs. 2006. ———. 2006c. Kamehameha Schools oha Realigns FY-06 Operating Budget. Admissions Policy Lawsuit: Legal Sum- Office of Hawaiian Affairs Public Infor- mary and Documents. Kamehameha mation Office press release, 7 April. Schools Web site, 12 July. [accessed 14 legal_summary>. [accessed 15 July 2006] April 2006] political reviews • polynesia 233

Pang, Gordon, and Dennis Camire. 2006. ———. 2006b. Human Rights Council Inouye Pitches a New Native Bill. Hono- Adopts Texts for Protection from Enforced lulu Advertiser, 14 June. Disappearance, Rights of Indigenous Peo- ples. Geneva: United Nations, 29 June. Primal Seeds. nd. Rice as a Strategic [accessed 3 July 2006] ?OpenDocument>. [accessed 3 July 2006] TenBruggencate, Jan. 2006a. Many Ques- usccr, United States Commission on tioning Why uh Should Own Hybrids. Civil Rights. 2006. Briefing on the Native Honolulu Advertiser, 2 May. Hawaiian Government Reorganization Act of 2005. Washington dc: usccr, ———. 2006b. Fishing Debate Not Over 20 January. in NW Isles. Honolulu Advertiser, 19 June. usdj, United States Department of Justice, Office of Legislative Affairs. 2006. Letter Trujillo, Eduardo E. 2002a. Taro Cultivar to The Honorable Bill Frist. 7 June. Named “Pauakea.” University of Hawaii, assignee. Patent 12,342. 8 January. Viotti, Vicki. 2004. Judge to Rule Soon on 12 January. ———. 2002b, Taro Cultivar Named Waite, David. 2005. Fishing Ban in NW “Pa‘lehua.” University of Hawaii, assignee. Isles Sought. Honolulu Advertiser, 25 Patent 12,361. 22 January. Management Council. 2006. The North- ———. 2002c, Taro Plant Named “Pa‘a- western Hawaiian Islands: Should the kala.” University of Hawaii, assignee. Majority of Hawaii Waters be Closed to Patent 12,772. 16 July. Pac Web site [accessed 3 July 2006] Trujillo, Eduardo E, Thomas D Menezes, Catherine G Cavaletto, Robin Shimabuku, and Steven K Fukuda. 2002. Promising New Taro Cultivars with Resistance to Taro Leaf Blight: “Pa‘lehua,” “Pa‘akala,” Ma¯ori Issues and “Pauakea.” Honolulu: University of The Foreshore and Seabed Act 2004, Hawai‘i Cooperative Extension Service, College of Tropical Agriculture and passed into law against almost unani- Human Resources. August. [accessed 3 July 2006] repercussions both nationally and internationally. Mäori are the group UN, United Nations. 2006a. Resolution adopted by the General Assembly, Sixtieth most directly affected by the act’s pro- session. Resolution 60/251, Human Rights visions, yet our submissions and pro- Council. Adopted 15 March, distributed 3 tests were ignored, with our spokes- April. . [accessed 4 July 2006] sought international support against 234 the contemporary pacific • 19:1 (2007) the ongoing racial discrimination Nations Committee on the Elimina- practiced against Mäori in New tion of Racial Discrimination issued Zealand. a report on the compliance of the In international forums in particu- Foreshore and Seabed Act with New lar, governments in New Zealand Zealand’s obligations under the Inter- have always denied that they discrimi- national Convention on the Elimina- nate against Mäori. Yet even the tion of All Forms of Racial Discrimi- attorney general was forced to admit nation. The report concluded that the that the Foreshore and Seabed Act is act discriminated against Mäori. The discriminatory in terms of the New process for issuing the report had Zealand Bill of Rights. However, with been instigated by Te Rünanga o Ngai the same arrogance and disregard that Tahu, the Treaty Tribes Coalition, and governments have always had for the the Taranaki Mäori Trust Board, who property rights of Mäori, the attorney called on the committee to urge the general declared that such discrimina- government to withdraw the legisla- tion was justified. In other words, the tion. The decision of the committee Mäori owners are legislatively forbid- included a number of critical com- den from deriving benefit from their ments, including the hope that “all own foreshores and seabed through- actors in New Zealand will refrain out the country while others may do from exploiting racial tensions for so. The government had been unable their own political advantage”; con- to prove that it owns the foreshore cern at the “apparent haste with and seabed in the Court of Appeal. It which the legislation was enacted and nevertheless saw fit to abuse its pow- that insufficient consideration may ers in order to confiscate the fore- have been given to alternative shore and seabed for the benefit of responses to the Ngati Apa decision non-Mäori New Zealanders using which might have accommodated legislative theft. Some iwi (tribal Mäori rights within a framework groupings) issued statements after its more acceptable to both Mäori and enactment stating that they did not all other New Zealanders”; regret recognize the legislation and would that “the processes of consultation not allow it to be implemented in did not appreciably narrow the differ- their territories. ences between various parties on this The government’s behavior in issue”; and concern at “the scale of respect to the foreshore and seabed opposition to the legislation amongst has now proven embarrassing for the the group most directly affected by country. Since the legislation was its provisions—the Mäori––and their passed in 2004, two reports have been strong perception that the legislation issued by committees of the United discriminates against them.” The Nations criticizing the New Zealand committee concluded that the act government for its ongoing and active contained “discriminatory aspects discrimination against Mäori. They against the Mäori, in particular its highlight the urgent need to address extinguishment of the possibility of deeply ingrained institutionalized establishing Mäori customary title racism. In March 2005 the United over the foreshore and seabed and its political reviews • polynesia 235 failure to provide a guaranteed right over recent years.” Stavenhagen rec- of redress, notwithstanding the State ommended that the act “be repealed party’s obligations under articles 5 or amended by Parliament and the and 6 of the Convention” (Bennion should engage in treaty settle- 2005 [March], 7). ment negotiation with Mäori that will In March 2006 a report critical of recognise the inherent rights of Mäori both the government and mainstream in the foreshore and seabed.” media was issued by Professor On constitutional issues, the Rodolfo Stavenhagen, the United special rapporteur recommended that Nation Special Rapporteur on the “a convention should be convened to situation of human rights and funda- design a constitutional reform in mental freedoms of indigenous peo- order to clearly regulate the relation- ple, regarding his mission to New ship between Government and Mäori Zealand in November 2005. It con- people on the basis of the Treaty of sidered a large number of areas in Waitangi and the internationally which Mäori experience difficulty recognised right of all people to self- and discrimination. While there were determination.” Further, he recom- positive aspects to the report, it urged mended, “The Treaty of Waitangi important changes. It noted that should be entrenched constitutionally Mäori continue to be denied their in a form that respects the pluralism right to self-determination and even of New Zealand society, creating pos- to collective citizenship as tribes, itive recognition and meaningful pro- including actual decision-making vision for Mäori as a distinct people, capacity of tribal collectives over possessing an alternative system of ancestrally or culturally significant knowledge, philosophy and law.” sites. With regard to human rights and Regarding the Foreshore and Sea- the Waitangi Tribunal, Stavenhagen bed Act, Professor Stavenhagen relied wrote, “The Waitangi Tribunal should mainly on the comments of the New be granted legally binding and Zealand human rights commissioner enforceable powers to adjudicate and the attorney general to conclude Treaty matters with the force of the that the act is discriminatory against law.” The tribunal does have legally Mäori: “the Act clearly extinguishes binding powers over large areas of the inherent property rights of Mäori land, which the Crown transferred to the foreshore and seabed without to state-owned enterprises and also sufficient redress or compensation, but Crown forest lands. However, politi- excludes certain properties already cal pressure exerted by governments held in individual freehold”; in other on claimants has ensured that these words, it removes the property rights have not been used, with the tribunal held by Mäori but protects those of only exercising its powers once, over non-Mäori. “In the view of the Spe- one small piece of land. (Ministers in cial Rapporteur, the Act can be seen charge of Treaty of Waitangi negotia- as a step backwards for Mäori in the tions in both National and Labour progressive recognition of their rights governments have warned claimants through the Treaty Settlements Process that should they attempt to use the 236 the contemporary pacific • 19:1 (2007) provisions for binding recommenda- tlements to date have been fair and tions, not only will they face finan- equitable, with claimants forced to cially crippling High Court action, but choose between very little and noth- the relevant sections of the act will ing at all. It has been calculated that also be repealed and the tribunal’s settlements to date average less than powers reduced to even less than what 0.6 percent of the estimated value of they have now. The author, as chief lands lost (Mutu 2004). Yet despite negotiator for Ngäti Kahu, has been this, a further five settlements have issued such [verbal] warnings by two been recorded in the past year. Deeds successive ministers.) Given that all of settlement or legislation confirming major recommendations to the gov- settlement were completed for the ernment issued by the tribunal in claims of Ngä Rauru, Ngäti Mutunga, recent years have been ignored, par- Ngäti Awa, Ngäti Tüwharetoa ki ticularly those recommending the Kawerau, and Te Röroa. Whether return of lands and natural resources, these and other treaty claims settle- it is important in terms of governmen- ments are full and final remains to tal accountability that this recommen- be seen. dation be followed. However, given On education, Professor Staven- also that the wealth and prosperity of hagen recommended: “More resources non-Mäori New Zealanders is depen- should be put at the disposal of Mäori dent on their being able to freely and education at all levels, including exclusively exploit Mäori land and teacher training programmes and the resources without any consideration development of appropriate teaching for Mäori rights in those properties, materials.” On culture: “The Mäori it seems very unlikely that they will cultural revival involving language, willingly give up such privilege. customs, knowledge systems, philoso- Professor Stavenhagen also recom- phy, values and arts should continue mended that “the Crown should to be recognised and respected as part engage in negotiations with Mäori to of the bicultural heritage of all New reach agreement on a more fair and Zealanders through the appropriate equitable settlement policy and pro- cultural and educational channels.” cess.” This recommendation arises On social policy: “Social delivery from the fact that the current govern- services, particularly health and hous- ment settlement policy was unilater- ing, should continue to be specifically ally determined by the Crown. It is targeted and tailored to the needs of the Crown that has been proven to be Mäori, requiring more targeted the guilty party in all treaty breaches. research evaluation and statistical Yet it has used the absence of any con- data bases.” This last recommenda- stitutional fetter on its powers that tion is aimed at reversing the reduc- would force it to abide by its Treaty tion in funding for Mäori programs of Waitangi and international human that has been implemented over the rights obligations, to set itself up to past few years. judge and determine what settlements On international indigenous rights, shall be. There have been numerous Professor Stavenhagen wrote, “The complaints that none of the treaty set- Government of New Zealand should political reviews • polynesia 237 continue to support efforts to achieve accuracy. In the months following its a United Nations declaration on the release, the Mäori Party referred to rights of indigenous peoples by con- its recommendations in almost every sensus, including the right to self- speech they made both inside and determination.” At the Permanent outside Parliament. The government, Forum for Indigenous Peoples held which also checked its draft, pre- in New York in May 2006, the New dictably tried to suppress the report, Zealand government opposed indige- and when it was released, attacked its nous people having self-determination author and the committee he repre- and joined Canada and the United sented and claimed falsely that both States to oppose the text of the draft had been dismissed from the United Declaration on the Rights of Indige- Nations. The government also claimed nous Peoples, which was subsequently that the report was full of errors but supported by the United Nations was unable to demonstrate what Human Rights Committee. The New those errors were. The government Zealand government took this stance announced well before the report was without any consultation with Mäori. released that it would ignore it. However, Mäori were present and One of the matters noted by the made sure that the forum was special rapporteur was the govern- informed that Mäori opposed the ment’s ongoing reduction of Mäori New Zealand government’s stance funding. The government used various and supported the rights of all indige- attacks on Mäori, which gathered nous peoples (Cat Davis, e-mail momentum in 2003, to justify the reports on the day-to-day proceedings cuts. Particular use was made of spu- at the UN Permanent Forum for rious claims that Mäori are privileged Indigenous People, New York, May over others—claims that the special 2006). rapporteur dismissed because he could Finally, the special rapporteur find no evidence of any privilege made two recommendations to the granted to Mäori but rather extensive civil society: “Public media should be evidence of deprivation and discrimi- encouraged to provide a balanced, nation. Many programs that Mäori unbiased and non-racist picture of had come to rely on for their own Mäori in New Zealand society, and development have been abolished, an independent commission should while prison accommodation for be established to monitor their perfor- inmates who are mainly Mäori has mance and suggest remedial action”; been substantially increased. The and “Representatives and leaders of extent of the government’s determina- political parties and public organisa- tion to deprive Mäori of benefits of tions should refrain from using lan- public funding became clear when the guage that may incite racial or ethnic minister of Mäori Affairs failed to intolerance.” seek any increase in the 2006 budget Mäori welcomed the report as for Mäori Affairs. And this was at a accurate, insightful, and helpful, with time when an increasing number of several Mäori academics and com- research reports into Mäori well-being mentators having checked its draft for are becoming ever more strident in 238 the contemporary pacific • 19:1 (2007) their criticism of government policies ment to launch a series of intensive and treatment of Mäori. (See, for audits, which eventually crippled the example, Harris and others [2006], institution. When Te Wänanga o which concludes that “Racism, both Aotearoa called itself a university, interpersonal and institutional, con- the universities took umbrage and tributes to Mäori health losses and sent Te Wänanga letters saying they leads to inequalities between Mäori were offended (Mana [April–May and Europeans in New Zealand” and 2006], 67). Yet the universities could “the combination of deprivation and not acknowledge the irony in the fact discrimination as measured seems to that each of them calls itself whare account for much of the disparity in wänanga (which Te Wänanga o heath outcomes assessed”; the Minis- Aotearoa is) on their Web sites and try of Health and University of Otago letterheads, while they have neither [2006], which highlighted alarming the expertise nor the qualifications and disproportionately high mortality to do so in terms of the standards rates for Mäori; the report of the required by traditional (Mäori) Public Health Advisory Committee whare wänanga. [2006], which concluded that being As a result of government harass- Mäori or Pacific Islanders further ment, Te Wänanga took a claim to increases the risk of death or ill-health the Waitangi Tribunal, which was across all socioeconomic categories; heard in December 2005. It was the Stavenhagen 2006; and the many second claim they had taken, with reports of the Waitangi Tribunal.) inquiry into the first one finding that Mäori funding programs that have the government had breached the been abolished include the Manaaki Treaty of Waitangi by not giving Tauira fund for Mäori tertiary stu- whare wänanga the same capital dents and several programs run by establishment grants it had given Mäori tertiary institutions. Perhaps mainstream tertiary education insti- the most brutal attack was on one tutions such as universities, polytech- of these institutions, Te Wänanga o nics, and colleges of education. The Aotearoa (twoa). Its aim is to give second claim was also upheld, finding people access to education in such a that the Crown had sought to impose way that they not only learn, but “unilateral, poorly co-ordinated, and, actually enjoy their learning. It targets from the claimants’ perspective, those whom mainstream education apparently destructive” measures has overlooked or discarded, and (Bennion 2006, 4). most of those are Mäori. It had car- Although the past few years have ried out government Mäori education been depressing for Mäori, we always policy to the letter and as a result was find major national achievements able, in a very short period, to attract worth celebrating. One was the Mäori more students and hence government Party. It was born out of the 2004 funding than any other tertiary insti- Hïkoi, the huge protest against the tution. This raised the ire of the uni- foreshore and seabed legislation. The versities in particular, who quietly but general election in September 2005 successfully lobbied to discredit Te saw the party win four of the seven Wänanga and persuaded the govern- Mäori seats, taking three from the political reviews • polynesia 239

Labour Party. The same ability and sense of pride that the Mäori world expertise used to mobilize and orga- celebrated professional golfer, Michael nize Mäori for the Hïkoi was used Campbell, winning not only the US to organize Mäori votes for the new Open but also the hsbc World Match Mäori Party. Other parties lacked Play championship in 2005. Although such ability and expertise and had Michael identifies himself strongly and no response to the Mäori Party proudly as Ngäti Ruanui and Ngä onslaught. As a result, for the first Rauru of Taranaki, including having time in the history of the New Zea- his own sportswear label featuring land Parliament, Mäori have a party Mäori patterns and designs, in most that gives first priority to the wishes of the mainstream media he is only a and needs of Mäori. New Zealander. He was the Mäori Mainstream politicians expected Sportsman of the Year and won the Mäori Party parliamentarians to Halberg Supreme Award for his assume the roles that most Mäori achievements. elected to Parliament are consigned Another great achievement was to, either serving the more powerful that of Robert Hewitt, brother of the mainstream parties, or being largely All Black Norm Hewitt, who was lost invisible, rarely participating in any- at sea in February 2006 for three days thing, and taking only minor periph- but miraculously survived. He accom- eral roles. Much to their surprise, the plished that feat by drawing on both four members of the Mäori Party his navy diver training and knowledge immediately took on huge and pun- derived from his Mäori ancestors of ishing workloads, responding to every the physical and spiritual aspects of bill presented in the House, traveling the sea. Some members of the Päkehä extensively to keep in contact with media made no attempt to mask their their constituents, and presenting racism when he talked of his use of views and opinions both inside and karakia (Mäori prayer); they claimed outside Parliament that reflected his loss at sea was a hoax. The rest of Mäori wishes and thinking. As the country was in awe of his achieve- required by their constituents, they ment. It took him more than six conduct themselves as rangatira weeks to recover from the physical (highly respected leaders), with dignity trauma, including his skin splitting, and respect for others, including their severe sunburn, and dehydration political enemies. They have refused (Mana [April–May 2006], 20–23). to descend into the gratuitous trading In the business world, the Univer- of insults that demeans the New Zea- sity of Auckland Business School land Parliament in Mäori eyes. They honored Ngäti Tüwharetoa’s Peter have insisted that the status of Mäori Loughlin as the Outstanding Mäori as an official language be given mean- Business Leader for 2005 for his work ing by using it every day in the House. in fashion design. Peter dresses some It has been interesting to see other of the world’s most influential and Mäori speakers in the House follow- wealthy women through his House of ing their example in this respect. Arushi, based in Dubai. His clientele On the sporting front, where Mäori include the royal families of the generally do well, it was with a huge Kuwait, Qatar, Saudi Arabia, and 240 the contemporary pacific • 19:1 (2007)

Oman. Every year, through his foun- doms of Indigenous People: Mission to dation scholarships, a young Mäori New Zealand. e/cn.4/2006/78/Add.3. designer is supported to travel to 13 March. Geneva: United Nations Dubai to work alongside Peter (Te Human Rights Commission. Aratai Productions 2006). Te Aratai Productions. 2006. Darling margaret mutu of Dubai. Broadcast on Mäori Television. 3 July. Listed on This review covers a two-year United Nations Committee on the Elimi- period from mid-2004 to mid-2006. nation of Racial Discrimination. 2005. Report on the New Zealand Foreshore References and Seabed Act 2004, Decision 1(66), 66th Session, 11th March 2005. UN Doc Bennion, Tom, editor. 2005. The Mäori cerd/c/66/nzl/ Dec.1. Law Review: A Monthly Review of Law Affecting Mäori. Wellington. ———. 2006. The Mäori Law Review. Rapa Nui Harris, Ricci, Martin Tobias, Mona Jef- freys, Kiri Waldegrave, Saffron Karlsen, The main issue of local politics on and James Nazroo. 2006. Effects of Self- Rapa Nui during the review period reported Racial Discrimination and Depri- was the proposal for a special admin- vation on Mäori Health and Inequalities istrative statute for the island. The in New Zealand: Cross-sectional Study. proposal, officially presented in The Lancet 367 (17 June): 2005–2009. August 2005, found both support and Mana. Bi-monthly Mäori news magazine. protest among Islanders. The debate Auckland. on the island’s political future was Ministry of Health and University of further boosted by ’s new Otago. 2006. Decades of Disparity III: president, Michelle Bachelet, who Ethnic and Socioeconomic Inequalities expressed her strong support for the in Mortality, New Zealand 1981–1999. proposal. Meanwhile the numbers Wellington: Ministry of Health. of tourists are growing exorbitantly, Mutu, Margaret. 2004. Recovering raising expectations of a wealthy Fagin’s Ill-gotten Gains: Settling Ngäti future as well as fears about being Kahu’s Treaty of Waitangi Claims against overwhelmed by outsiders. At the the Crown. In Revisiting the Treaty of same time, plans to build a casino on Waitangi, edited by David Williams, the island remain highly controversial. Michael Belgrave, and Merata Kawharu, The special administrative status 187–209. Melbourne: Oxford University proposal must be seen against the Press. background of the current political Public Health Advisory Committee. 2006. status of the island, which, with its Health is Everyone’s Business. Wellington: administrative complexity and multi- Public Health Advisory Committee. plicity of local institutions, has Stavenhagen, Rodolfo. 2006. Report of become the object of criticism from the Special Rapporteur on the Situation various sides. According to the 1966 of Human Rights and Fundamental Free- Ley Pascua (Easter Island Law), Rapa political reviews • polynesia 241

Nui is part of the Valparaiso region Besides these various official and on continental Chile, thus dependent unofficial bodies headed by Islanders, not only on the national government there are also offices of various central in Santiago, but also on the regional government agencies on the island, administration in Valparaiso. On the some of them also partly staffed with local level, the island forms both a native Rapanui: the National Com- province, with a Santiago-appointed mission for Indigenous Development, governor (since 1984 always an ethnic the National Forestry Corporation, a Rapanui) at its head, and a munici- state agriculture company, and many pality, with a locally elected mayor others. The multiplicity of govern- and a six-member municipal council. ment agencies and allegedly represen- Already these two local administra- tative island institutions creates a tion levels (provincial governor’s network of competing bureaucracies office and municipal administration) with overlapping fields of responsibil- are competing institutions with multi- ity, which constantly hinder and block ple overlapping responsibilities. The each other, thereby significantly Ley Indígena (Indigenous Law) of impeding any sort of development 1993, which recognizes the Rapanui project on the island (Di Castri 2003). as one of Chile’s six indigenous peo- In order to remedy the situation, a ples, created yet another institution, special statute of autonomy for Rapa the Comisión de Desarollo de la Isla Nui has been discussed since 2002, de Pascua (codeipa, Easter Island spearheaded primarily by Mayor Development Commission), composed Petero Edmunds (RNJ, Oct 2003). A of five elected ethnic Rapanui repre- commission had then been formed— sentatives, six representatives of consisting of various Chilean politi- Chilean government entities, as well cians including former President as the governor, the mayor, and the Patricio Aylwin, as well as Rapa Nui president of the Rapanui Council of Governor Enrique Pakarati, Mayor Elders. The latter council, an institu- Edmunds, and the president of the tion founded in the 1980s, supposedly “official” council of elders, Alberto to represent each Rapanui family and Hotus—with the task of reviewing the defend local culture and language, island’s present statute and elaborat- had become a matter of contention ing a proposal for a new one. Mean- since it split in 1994 into a moderate, while, more radical pro-independence pro-Chilean faction under Alberto voices of the Rapanui Parliament and Hotus, and a more radical, later pro- others had become more and more independence faction under Juan vocal (Qué Pasa, 17 Sept 2003; Chavez, Mario Tuki, and others. To‘ere, 1 July 2004). While only the first faction is recog- In late August 2005, the statute nized by Chile as a “traditional insti- review commission presented its final tution” under the Indigenous Law, draft of a “Proposal for a Special out of the second was formed, in Administrative Statute for Easter 2001, the “Rapanui Parliament,” Island” to Chilean President Ricardo which advocates full independence Lagos (NRN, Aug 2005). Under that from Chile. proposal, the island would be taken 242 the contemporary pacific • 19:1 (2007) out of the Valparaiso region and form stitutionally possible, the president a separate entity as a “special terri- introduced a bill to amend the con- tory,” directly under Santiago, the stitution in the Chilean congress, pro- provincial governor’s office, thus viding for the establishment of “spe- assuming the responsibilities of a cial administrative territories” outside regional administration as well. The the Chilean regional administrative municipality would assume the role system for Rapa Nui as well as for of the local government with more the island of Juan Fernández off the responsibilities than at present. The Chilean coast (La Segunda, 23 Aug development commission (codeipa) 2005; El Mostrador, 23 Aug 2005). would become integrated into the Even though the above-described governor’s office as an advisory statute proposal seems to be a large agency. Finally, the council of elders step toward political reform, in fact it would be conserved in its currently is a watered-down version of the orig- recognized form (ie, the faction under inal proposals of 2002–2003. For Alberto Hotus) and become a consul- example, unlike an earlier draft, the tative institution for cultural issues final document does not use the term (Government of Chile 2005, 5–11). “autonomous” but instead speaks A second part of the proposal deals only of a “special administrative with economic development and land status.” The earlier draft had pro- tenure. The infrastructure of the island posed the complete dissolution of all is to be improved, especially maritime current institutions and the creation and air transportation to Chile. The of an “autonomous island entity” quality of medical care should also be with an elected assembly and a chief improved. Special funds are to be set executive that would have respon- up for economic development, and sibility for all fields of policy except immigration from the continent for defense, internal security, foreign should be regulated in order to keep affairs, and justice, which would the Rapanui people demographically remain under the Chilean govern- dominant on the island. One of the ment—an arrangement similar to that most significant changes in the pro- of the statute of French Polynesia. posal concerns land tenure: All state- The council of elders was also to be owned land that is not used for state reformed and democratized (Hacia services (such as schools, offices, the un Estatuto de Autonomia, nd). Com- airport, and military areas) would pared to these proposals, the institu- become the collective property of tional changes proposed in the final the Rapanui community. In order to draft are rather minor. It seems as if administer that property, a new insti- the three local leaders who under- tution has to be created, a so-called signed the final draft (Mayor Indigenous Community with an Edmunds, Governor Pakarati, and elected board of directors and a presi- Alberto Hotus) were keen on preserv- dent, according to provisions in the ing their respective institutions, rather Indigenous Law (Government of than constructing something entirely Chile 2005, 19–22). new. While the administrative separa- In order for that statute to be con- tion from the Valparaiso region would political reviews • polynesia 243 certainly simplify the administrative to the Chilean government, the next relationship with Chile, critics have important political event on the island pointed out that the internal adminis- was the Chilean presidential election. trative bureaucracy on the island In the first round on 11 December, could become even more complicated Socialist candidate Michelle Bachelet, with the new statute. who won 46 percent of the votes on While those in support of Mayor the continent, received an absolute Edmunds and Hotus’s faction of the majority of 52 percent on the island. council of elders were pleased about Right-wing candidate Joaquín Lavín the proposal being officially adopted, (who, with 22 percent, scored third the local opposition protested. On 30 nationwide) came second on the island August 2005, members of the Rapa- with 27 percent, while the other right- nui Parliament as well as other wing candidate, Sebastián Piñera (mainly pro-independence) activists (with 25 percent in Chile) received staged a protest march through the only 17 percent on Rapa Nui (figures island capital, Hanga Roa. They from the Web site of the Ministry of wrote a letter to President Lagos pro- Interior, Government of Chile). While testing the statute project, arguing Bachelet had the support of Mayor that it was the result of closed-door Edmunds, Governor Pakarati, and negotiations with the Chilean govern- Alberto Hotus, Lavín was supported ment involving only Governor Paka- by the pro-independence Rapanui rati, Mayor Edmunds, and Elders Parliament. Both Bachelet and Lavín Councilor Hotus—despite a previous had visited the island before and agreement that any future negotiations made promises for the development on political reform should involve a of Rapa Nui as well as indigenous broad range of representatives from issues in general. In the campaign the Rapanui community (Chavez and before the election, Bachelet had others 2005). promised to support the special Meanwhile, another, more radical, statute project (El Mercurio, 18 May pro-independence activist, Agterama 2005; TRN, April–May 2005). Alberto Puhi ‘Uira a Huki, proclaimed himself Hotus became her main supporter in “king” of Rapa Nui and created a the local campaign. “national civil registry” for native On 15 January, Bachelet won the Rapanui in order to issue “Rapanui runoff election against Piñera, with a passports.” Many people did not take slightly higher percentage on Rapa him too seriously, but Alberto Hotus Nui than nationally (55 percent on filed an official complaint, asking the the island, 53 percent in Chile). governor’s office to intervene against Bachelet’s victory became once again Huki, whom he accused of perpetrat- a boost for the local political elite, ing an “attack on our country and a namely, Pakarati, Edmunds, and reasonless offense against our culture” Hotus (TRN, Jan 2006). (El Mostrador, 23 Aug 2005; Las Shortly after Bachelet was inaugu- Últimas Noticias, 24 Aug 2005). rated as Chile’s first female president While any further initiative on the in early March, she appointed Mela- statute reform project was now left nia Carolina Hotu as the new provin- 244 the contemporary pacific • 19:1 (2007) cial governor of Easter Island. Hotu, the symbolic remains of Ariki Time- who is the daughter of famed political one Riro Kainga, the last king of activist Jerman Hotu (1925–2003), Rapa Nui, to the island. Riro had and Alberto Hotus’s niece, had served been elected king in 1892 and died, as the director of the local branch of probably from poisoning, while on a prodemu (a national organization mission of protest against colonial for the progress of women) and was abuses in Valparaiso in 1899 (Fischer known to be very committed to the 2005, 153). The symbolic remains island’s youth (RNJ, May 2006). In were received by Benedicto Riroroko, her inaugural speech as the first the king’s last surviving grandson. female Rapanui governor, Hotu For the first time during a presiden- underlined her commitment to the tial visit, the Rapanui flag was flown welfare of the island community and alongside the Chilean flag (Presidency announced as her main projects the of Chile 2006; La Tercera, 6 May lowering of transportation costs from 2006; NRN, May 2006). and to the island, the improvement of Meanwhile, as the statute project the quality of health care, the promo- remained controversial within the tion of alternative sources of energy, Rapanui community, it was and the improvement of the water announced that a referendum should supply system (TRN, special issue, be held on the issue, while critical March 2006; El Mercurio, 17 March voices demanded the democratization 2006). of the council of elders, should it The Bachelet government also become an integrated political insti- announced its continuing support tution under the new statute (NRN, for the special statute project (NRN, May 2006). March 2006), and in April, the While the debate on the future Chilean senate finally began to set it political status of the island continues, on its agenda (NRN, April 2006). On Rapa Nui’s tourist industry is boom- 5 May, Bachelet made her first visit to ing. In 2005, a record number of the island as president (she had been 45,000 visitors was achieved (TP, 22 there before as health minister under Feb 2006). Because the island has Lagos), participating in the annual fewer than 4,000 inhabitants, this “Ocean Month” celebrations of the figure represents by far the highest Chilean Navy, which were held this number of tourists per capita of any year on Rapa Nui. Bachelet renewed Pacific Island entity, far exceeding her commitment to the special statute even that of Hawai‘i. In 2004 the project and announced that she would number of tourists was over 30,000 soon introduce a bill in congress to (RNJ, Oct 2005), and in 1999 it was create the statute. She also called on 21,000, while in 1990 it had been the entire population to actively col- only 5,000 (Fischer 2005, 250). In the laborate in local decision making. She last fifteen years the island has thus further promised the construction of a experienced one of the most spectacu- new hospital as well as improvements lar increases in tourism in the world. for the island’s educational facilities. The tourism boom promises a wealthy During her visit, the navy returned future for the Islanders, as the indus- political reviews • polynesia 245 try is to a large extent in Rapanui 2005). The opponents argue that the hands, but it creates more and more casino would only increase the prob- problems as well. With 91 percent of lems accompanying mass tourism and the local economy based on the rev- would contribute to the erosion of enues from tourism (RNJ, May 2006), Rapanui culture, because visitors the Islanders have become unilaterally coming to the island for the sole dependent on foreigners visiting their purpose of gambling would have no island, a problematic tendency given respect for the historical monuments. the fragile nature of tourism, which Schoolteacher and pro-independence can easily collapse due to external activist Mario Tuki, an outspoken influences over which the Islanders opponent, reminded everybody that a have no control. On a more visible distinctive cultural tourism is the basis level, the explosion of mass tourism of the island’s livelihood, and that if has also created problems due to an people want to gamble, they should insufficient infrastructure, with elec- go to Las Vegas or Monaco (Santiago tricity blackouts caused by overloads Times, 5 April 2006). Due to the pro- such as occurred during the Tapati tests, as well as negative economic annual cultural festival in February calculations, the project was halted (NRN, Feb 2006), and environmental in November 2005 and scheduled for concerns over garbage disposal and re-examination (NRN, Nov 2005). fears of water shortage (RNJ, May In early 2006, however, the project 2006; TRN, Jan 2006). resurfaced, awaiting a decision from An especially intense controversy the Chilean government for the casino related to tourism began in June 2005 to be authorized. The final decision is when a Chilean company, Grupo expected in December (NRN, June Martinez–am Holding, announced 2006). plans to build a casino on the island, Another very serious negative effect in a joint venture with Rapanui entre- of mass tourism lies in its lure for preneur Petero Riroroko (NRN, June immigrants. In the last few years, 2005; RNJ, Oct 2005). Mayor the immigration of Chilean settlers to Edmunds expressed his support for Rapa Nui has increased dramatically. the project, arguing that besides In mid-2006 it was estimated that, for creating one hundred fifty jobs on the first time, probably more Chileans the island, 10 percent of the income lived on the island than Rapanui (RNJ, would go to the municipality. Because May 2006), confirming fears raised by there is no income tax on the island, Rapanui about becoming a minority the casino income would make the in their own homeland. Attracted by municipality less dependent on the tourism boom, most of the recent Chilean state funding (TP, 14 Sept Chilean immigrants work as taxi 2006). On the other hand, many drivers, or they sell cheap imitation inhabitants, including Governor Paka- woodcarvings, thereby undermining rati, stated their opposition, and many the Rapanui handicrafts trade. Pro- Rapanui students and academics on posals have been made to admit only the Chilean continent collected signa- continental Chilean visitors who hold tures against the project (RNJ, Oct an entry visa and a return ticket, as is 246 the contemporary pacific • 19:1 (2007) required for Ecuadorians in the Galá- Di Castri, Francesco. 2003. Toward the pagos Islands (RNJ, May 2004). But Autonomy of Rapa Nui? Rapa Nui unless Rapa Nui is given special polit- Journal 17 (2): 126–130. ical status, immigration controls of El Mercurio. Daily. Santiago. that kind cannot be imposed under Chilean constitutional law. El Mostrador. Daily. Santiago. Because of the tourism boom (as well as the worldwide diaspora of Fischer, Stephen Roger. 2005. Island as more than a thousand Rapanui), the End of the World: The Turbulent Rapa Nui has become a global com- History of Easter Island. London: munity. On the one hand, as mass Reaktion Books. tourism and mass immigration to Government of Chile. 2005. Propuesta other islands have shown, this situa- Estatuto Especial de Administración para tion poses a threat to the island’s dis- la Isla de Pascua (Proposal for a Special tinctive island identity. On the other Administrative Statute for Easter Island). hand, the Rapanui people now have August. more chances than ever to reintegrate Hacia un Estatuto de Autonomía para Isla themselves into the Pacific region and de Pascua (Toward a Statute of Autonomy the Polynesian community from for Easter Island). nd. Computer-written which they had become alienated document, no author or date specified during more than a century of (c 2003–2005), authorship attributed to Chilean colonialism. Culturally and the codeipa (Easter Island Development socially, this reintegration is already Commission). Copy in the author’s happening. For example, Rapa Nui possession. participated in the Festival of Pacific La Segunda. Daily. Santiago. Arts in Palau in 2004 (RNJ, Oct 2004), and in July 2006 it sent a delegation La Tercera. Daily. Santiago. to the Pacific Youth Festival in Tahiti (NRN, July 2006). If in the near future the island obtains a genuine statute of Las Últimas Noticias. Daily. Santiago. autonomy, it may be possible for Rapa Nui to also become part of Ministry of Interior, Government of organizations like the Pacific Com- Chile. Official Election Results Web site. munity and eventually even achieve observer status in the Pacific Islands NRN, Noticias de Rapa Nui. Monthly Forum. Internet newsletter. lorenz gonschor Presidency of Chile. 2006. Press release, 6 May. References Qué Pasa. Fortnightly. Santiago. Chavez, Juan, and others. 2005. Letter of protest against the proposed special RNJ, Rapa Nui Journal. Twice-yearly administrative statute to Chilean President academic and news journal. Los Osos, Ricardo Lagos, 30 August. Copy in the California. political reviews • polynesia 247

The Santiago Times. Daily. Santiago. second six months of 2005, it can be argued that many of the major politi- To‘ere. Weekly. Tahiti. cal events of that period were turned into campaign issues. In fact many of TP, Tahitipresse. Daily Internet news. these events, such as the doctors’ Tahiti. strike and Salelologa land issue, were TRN, Te (Rongo) Rapa Nui. Monthly gov- blamed by the ruling party on the ernment information newsletter. Hanga machinations of the opposition in Roa. the government in the general elec- tions. True or not, the fact remains that these were skillfully turned into political issues, and at the end of the Sa¯moa day it seemed that the voters accepted Political developments in Sämoa the government version of those during the review period were largely events. concerned with the general elections It is not that the opposition parties of 31 March 2006. Thus in the six —such as the Samoa Development months before the general elections, United Party (sdup), Samoa Party most political activities were related (sp), Christian Party (cp), and Samoa to campaigning, in one form or Progressive Political Party (spss)— another, and subsequent events had were organizationally weak or lack- to do with cabinet appointments and ing in political rhetoric to be able to election petitions. These were still unseat the government. Despite their continuing in the latter part of 2006. best efforts, they were outsmarted by The year demonstrated the a brilliant strategist and technocrat, unprecedented extent of political Prime Minister Tuilaepa Sailele Malie- power held by a single political party, legaoi. More important, the opposi- the Human Rights Protection Party tion parties were fighting against a (hrpp). In the 2001–2006 sessions government with one of the best of Parliament, for instance, the party records of achievement by any held a two-thirds majority (33 seats Samoan government of the past, a out of 49), which enabled it to change government that has been in power the constitution on several occasions. continuously during the last 22 years Following the 2006 general elections, of its 27-year history, and one that it actually increased its hold on power has given Sämoa social stability and with 35 seats. This means it has the an economy that has become a model capacity to again change the constitu- for the Pacific region. tion without a need for a referendum. On practically every major political In short, the Human Rights Protec- issue that preceded the general elec- tion Party holds a monopoly of power tions, the ruling hrpp government in Samoan politics. This raises impor- and main opposition party, the Samoa tant questions as to why and how this Development United Party, took came about. radically opposed views. These issues Looking back to the events of the include the strike by members of the 248 the contemporary pacific • 19:1 (2007)

Samoa Medical Association; the off the job, leaving just the few in report by the international Inter- management positions. Parliamentary Union (ipu); the issue The government’s reaction was to of New Zealand citizenship rights for set up a commission of inquiry into Samoans; the function of parliamen- the grievances of the striking doctors, tary undersecretaries; and compensa- particularly the major issue of the tion for customary land purchased entry point salary. By 30 October by the government at Salelologa, the 2005, the commission released its major interisland port in Savai‘i. report. Remarkably, the report On 1 July 2005, the government endorsed all of the requests by the implemented the first part of a 42 doctors. For instance, it recommended percent salary increase over three “improving allowances for doctors, years for all public servants. The improving staffing levels, reducing doctors who served in the public working hours for doctors in the out- hospitals were not satisfied with the patients area, and bringing in more increase for a number of reasons. overseas doctors” so that local doc- First, they believed the increase tors could go overseas for specialist should have been imposed on a training or to complete their studies salary structure for doctors that had (SO, 30 Oct 2005). been proposed in 2004 by the Samoan In addition, the commission recom- Medical Association (sma). Second, mended that private doctors be hired they also wanted the government to to cope with staff shortages in the address major complaints raised by outpatient areas as well as in the dis- the medical association in the past, trict hospitals; that consultant doctors such as the low salary scale for doc- be allowed to operate part-time pri- tors in Sämoa compared with over- vate practices; and that fees for hos- seas, long working hours (which were pital services be increased. But the affecting the doctors’ health), and key sma demand for an increase in poor working conditions. Most the entry point salary to sat$30,000 important, they wanted the entry was denied. point salary, currently sat$21,000 When the government considered per annum, raised to sat$30,000 the commission’s report, it approved (currently, one Samoan tala [sat$)] = all its recommendations. The resulting us$.36). As events turned out, the impasse meant a continuation of the entry point salary became the key strike by the majority of the doctors. issue of the doctors’ complaints, one A minority found employment over- they were not prepared to compro- seas or had set up private practices mise. As an sma spokesperson said, locally. During the first three months the doctors’ grievances were non- of 2006, many of the strikers returned negotiable and they were tired of to work, individually or in small meetings that resolved nothing. Not groups, but a number were lost to the getting a favorable response from the public service. This is not surprising, government, on 9 September 2005 given the fact that in the previous two the doctors went on strike (SO, 9 Sept years, eighteen doctors had resigned 2005). Over thirty doctors walked from the public service for other political reviews • polynesia 249 employment, primarily, it is alleged, good name worldwide (SO, 27 Aug due to low salaries, long hours, and 2005). poor working conditions––exactly the As a result of Asiata’s letter, the kind of issues that led to the strike. Inter-Parliamentary Union sent a Both the Samoa Development delegation to Sämoa to investigate. United Party and the Samoa Party The delegation consisted of Senator supported the sat$30,000 entry point Sharon Carstairs, a senior member salary request by the doctors and of the Canadian Parliament, and Ms promised to implement it if elected. Ingeborg Schwarz, committee clerk. The government’s position was that The ensuing report recommended all of the doctors’ recommendations the reinstatement of Asiata Saleimoa had been approved except for this one Va‘ai, payment of his salary in full for matter. This was because the govern- the time of his suspension, recognition ment had pledged to look into other by the government of the Samoa entry point salaries in the public ser- Development United Party as an vice as well, and Prime Minister Tui- official parliamentary party, reinstate- laepa made it clear he preferred not to ment of Le Mamea Ropati Mualia as approve salary increases for one leader of the opposition, and the com- group without taking into considera- pilation of a list of words considered tion all the other entry point salaries. inappropriate for use in Parliament. In April 2005, Asiata Saleimoa The delegation could not understand Va‘ai, the deputy leader of the main the legal basis for Speaker Toleafoa opposition party, was suspended from Faafisi’s refusal to recognize the Parliament for four months after the Samoa Development United Party as Privileges and Ethics Committee found a parliamentary party; it considered him guilty of “defamatory remarks.” the absence of a formal opposition The remarks were contained in a let- unsatisfactory and detrimental to the ter of complaint he sent to the Inter- good working of the democratic sys- Parliamentary Union and Common- tem in Sämoa (SO, 7 Aug 2005). wealth Parliamentary Association, a In their report, the ipu delegation copy of which was also published in also questioned the procedures under the Samoa Observer. The complaints which Asiata’s suspension had been referred to alleged acts of misinter- handled and the participation of the pretation of parliamentary rules, prime minister in the hearings of the unfairness, and discrimination against Privileges and Ethics Committee. It sdup members during parliamentary was particularly critical of the length sittings. The government had no of the suspension, describing it as problem with the complaint as such, wholly disproportionate. In New Zea- but objected to the contents of the land, for instance, the longest period letter, which were felt to be defama- of suspension was three days. tory against the prime minister, the Predictably, the backlash from the Speaker, and Parliament itself. As government was strong. But the prime Tuilaepa said, Asiata’s complaint minister’s case was not helped when reflected badly on the government he described the two (female) ipu del- and Parliament and smeared Sämoa’s egates in Parliament as “fa‘avasivasi 250 the contemporary pacific • 19:1 (2007)

(mentally retarded) old women” (SO, legal recognition in the proceedings of 27 Aug 2005). He repeated that char- the Samoan Parliament. Needless to acterization when he complained that say, after the 31 March elections, the their report had included no recom- Samoa Development United Party mendation for how Parliament should again acquired proper legal status. handle situations when offending Other major issues that divided members did not show up to defend the parties concerned New Zealand themselves. No one should be allowed citizenship rights for Samoans, the to force his views on how Sämoa’s functions of parliamentary under- Parliament should conduct itself, he secretaries, and compensation for said. As a result, on a motion by customary land at Salelologa. The Minister of Education Fiame Naomi government supported New Zealand (a woman), the hrpp majority (33 legislation that canceled New Zealand members in all) voted to inform the citizenship rights for Samoans born Inter-Parliamentary Union of the between 1924 and 1948 inclusive, in Samoan Parliament’s rejection of its return for other concessions granted report; the sdup members were by the New Zealand government. The opposed. Samoa Development United Party Defending the government’s policy supports the campaign by the Mau of not recognizing the opposition, Sitiseni Mo Samoa group to reinstate Tuilaepa said this had to do with those rights. It pledged to provide recent changes in parliamentary rules, funds, if elected, for this campaign. which prohibited members from The Samoa Development United changing their party affiliation during Party would also do away with the a session of Parliament––they must undersecretary posts—since renamed remain with the political party under associate ministers—on the grounds which they were registered. Previ- these positions represent unnecessary ously, the main opposition party had expenditures by the government and been known as the Samoa National that the funds could be better utilized Development Party (sndp). Early in for other social services, such as fam- 2005, that party chose to deregister ily benefits and increased pensions for its party in order to merge with the elderly. Prime Minister Tuilaepa another smaller party to form the responded that these positions were Samoa Development United Party, needed because of the increased work- despite warnings from the Speaker load of the ministers; further, he said that this new party would not be (in true Samoan fashion), many hands recognized in accordance with the were better than a few. new parliamentary rules. The Salelologa land dispute arose This was the problem, Prime Min- when some chiefs of the village of ister Tuilaepa said. If the opposition Salelologa sued the government for had waited till the end of the electoral more compensation than the several term, rather than changing midstream, million Samoan tala it had already all its subsequent problems would received for village customary lands have been avoided. In creating this used for the port of Salelologa. The new party, it had failed to gain proper new claim was for sat$45 million. political reviews • polynesia 251

The Samoa Development United Party Mo Samoa group, headed by former said the government should grant the New Zealand mp Anae Afa; protect village’s request. But when the court Samoan customary land from sale to decision came out, it was in favor of foreigners, as the government was the village, and the government was allegedly planning; and allow required to reconsider the amount of Samoans resident overseas to vote in compensation, taking into account the general elections without having current land valuation estimates. Not to do so in Sämoa (SO, 20 Aug 2005). to be outdone, however, the govern- The Samoa Development United ment simply returned 2,439 acres of Party also proposed to establish a the disputed land to the village, keep- new Ministry for Social Welfare to ing just 400 acres. address the country’s social problems The political parties that took part such as domestic violence, incest, sui- in the general elections of 31 March cide, child adoption, spouse and child 2006, were the governing Human maintenance, crime, women’s rights, Rights Development Party, the Samoa infant neglect, sexual abuse, and mat- Development United Party, the Samoa rimonial disputes. Party, the Christian Party, and the The Samoa Party leader, former Samoa Progressive Political Party. In Auditor General Su‘a Rimoni, said his addition there were thirteen Indepen- party’s aims were to return power to dent candidates, who had formed a the people and eradicate government loose alliance to contest the elections. corruption. If elected to government, All parties made heavy use of the his party would reduce the parliamen- mass media, posters, newspapers, tary term from five to four years; limit radio, and television to spread their the prime minister’s term to two con- message. secutive terms; hold referendums for In a political rally on the big island any important constitutional changes; of Savai‘i, sdup Leader Le Mamea remove the Office of the Electoral Ropati Mualia said that if his party Commission from cabinet control; was elected to government it would prevent the Speaker from belonging pay Salelologa village the correct to any political party once in office; compensation for the 2,800 acres of appoint an opposition member to land taken by the government; limit chair the Public Accounts Committee; the term of the prime minister to two ensure that the report of the con- consecutive terms; restore the position troller and chief auditor is tabled in of auditor general to its former inde- Parliament every year, with copies pendent status; review the Village made available to the media; ensure Fono Act, cause of many constitu- that the chief auditor’s report is con- tional issues in the past; review the sidered only by Parliament and not performance of the Land Corporation by a Commission of Inquiry, as hap- to ensure transparency and account- pened during the Tofilau administra- ability; review the old-age pension tion; ensure that the posts of police with a view to lowering the retire- commissioner and assistant police ment age and increasing pensions; commissioners come under an inde- support the aims of the Mau Sitiseni pendent commission; and emphasize 252 the contemporary pacific • 19:1 (2007) the development of agriculture (SO, ter, 88 favored Le Mamea Ropati, 57 14 Oct 2005). Tuilaepa Malielegaoi, 18 Su‘a Rimoni, Speaking on behalf of the Human 5 Toalepaialii Toeolesulusulu (leader Rights Protection Party, Prime Min- of Progressive Party), 3 Tuala Tiresa ister Tuilaepa said the government Malietoa, and 29 favored others. wanted to see the continuation of By 19 March 2006, twelve days current development projects as before the general elections, the spelled out in the hrpp election Samoa Observer reported that the manifesto. Of these projects, priority Human Rights Protection Party was would be given to health and educa- on the rise in its electoral survey. Of tion. Tuilaepa’s top fifteen priorities 200 eligible voters surveyed this time, included health; education; agriculture 108 favored the Human Rights Pro- and fisheries; infrastructure for roads, tection Party to be the next govern- wharves, water, electricity, airports, ment, 58 were for the Samoa Devel- and shipping; sports development; opment United Party, 7 for the Samoa culture and traditions; women and Progressive Party, 6 for the Samoa village development; police, fire ser- Party, 5 for the Christian Party, and vices, and prisons; tourism develop- 16 were undecided. ment; communications, television, and When the elections were finally information technology; Parliament; held on 31 March, the Human Rights customary land, government land, Protection Party swept to victory with environment, and natural resources; 30 seats; the Samoa Development proposed plans for the Ministry of United Party won 10 seats, the Inde- Revenue; other programs to lessen the pendents 8, and there was one tie. burden on the people; and overseas Several weeks later, the Human Rights and local funding for development Protection Party was able to claim 35 projects. In other words, the Human seats, after winning the tie and gain- Rights Protection Party was riding on ing the allegiance of 4 former Inde- the successes it had achieved in previ- pendents. The sdup total remained at ous years in the areas of development 10, and Independents had dropped to and good governance. 4 seats. Polls conducted by staff of the In his victory speech, hrpp leader Samoa Observer showed that in the Tuilaepa Sailele Malielegaoi said the months leading up to the elections, key to the party’s success was that voters generally favored the Samoa “we enjoy good liaison with grass- Development United Party, and its roots level.” He praised the opposi- leader as prime minister. Thus in the tion parties for putting up a good 19 February 2006 issue it reported fight, but, he added, their biggest that out of 200 eligible voters sur- weakness was making promises they veyed, 90 voted for the Samoa Devel- could not fulfill and thus their credi- opment United Party, 71 for the bility suffered (SO, 2 April 2006)— Human Rights Protection Party, 18 for generous words in the end, but as a the Samoa Party, and the rest divided Samoan proverb says, a win is a win. their votes among the Samoan Pro- The hrpp caucus unanimously gressive Party, Christian Party, and reelected Tuilaepa as prime minister, other small parties. For prime minis- but for the position of deputy prime political reviews • polynesia 253 minister there was a tussle, which the Islands Countries Trade Agreement); previous deputy, Misa Telefoni Retz- Small Business Enterprise Centre; and laff, won by 10 votes. sdup Leader Consumer Protection. La Mamea and Deputy Leader Asiata Fiame Naomi Mataafa, former were also reelected to their previous Minister of Education, is now respon- positions. None of the Samoa Party, sible for Ministry of Women, Com- Christian Party, or Samoa Progressive munity and Social Development; Party candidates were elected, but Public Service Commission; Remuner- their leaders have vowed to fight on. ation Tribunal; Ombudsman’s Office; Prime Minister Tuilaepa’s selection Village Mayors and Sui o le Malo; of his cabinet was controversial and Special Committee on Traditional because some former ministers lost Salutation and Legends. out and some switched to other posi- Tuisugaletaua Sofara Aveau is tions, such as former Finance Minister responsible for Works, Transport, Misa Telefoni and former Minister of Infrastructure (including Water and Education Fiame Naomi. Tuilaepa, Electricity); Traffic and Civil Aviation; however, denied there were any Government Housing; Transport ministerial demotions and that the Control Board; Samoa Port Author- reshuffling of positions was designed ity; Airport Authority; and Samoa to broaden the scope of the ministers’ Shipping Corporation. experience (SO, 28 April 2006). Faumuina Tiatia Liuga, former The new cabinet members and Minister of Works, is now responsible their portfolios as announced by the for Ministry of Natural Resources prime minister were as follows: and Environment; Samoa Land Tuilaepa Sailele, Prime Minister, Corporation; Samoa National Parks, is responsible for Ministry of Immi- Recreation and Water Conservation; gration, Ministry of Foreign Affairs, Samoa Trust Estates Corporation; and Office of Attorney General; also Samoa National Disaster; Meteorol- for Executive Council, Honors and ogy and Forestry; and South Pacific Awards, Totalisator Agency Board, Games Authority 2007. Non-Government Organizations, Niko Lee Hang is a new minister Polynesian Airlines, and Scholarships and has taken over the important Committee. Ministry of Finance; National Provi- Misa Telefoni, Deputy Prime dent Fund; Financial Institutions; Minister, is responsible for Ministry Housing Corporation; Tenders Board; of Commerce, Industry and Labor; Revenue Board; Offshore Jurisdiction; Legislative Assembly; Audit Office; Registry of Births, Deaths and Mar- Accident Compensation Corporation; riages; and Cabinet Development Samoa Tourism Authority; Telecom Committee. Samoa Cellular; Pacific Forum Line Tuuu Anasii, another new minister, and Samoa Shipping Services; Trade is responsible for Ministry of Rev- Negotiations—wto, acp/eu, pacer, enue; Public Trust Office; and Liquor picta (World Trade Organization, Board. Africa, Caribbean and Pacific/Euro- Gatoloai Amataga Alesana Gidlow, pean Union, Pacific Agreement on also a new minister, is Minister of Closer Economic Relations, Pacific Health; Oceania University of Medi- 254 the contemporary pacific • 19:1 (2007) cine; District Hospitals and Health Hans J Keil, Ministry of Com- Center; and Women’s Health Com- merce, Industry and Labour; Trade mittees. Negotiations—wto, acep/eu, Mulitalo Sealiimalietoa Siafausa pacer, picta. Vui, former Minister of Health, is Tiata Sili Pulufana, Samoa Tourism now Minister of Communications and Authority; Legislative. Technology and is responsible for the Palusalue Faapo II, Ministry of Samoa Broadcasting Corporation. Finance; Financial Institutions and Toomata Alapati Poese is the new Samoa Housing Corporation. Minister of Education, Sports and Anauli Pofitu Fesili, Audit Office; Culture (which includes National Accident Compensation Corporation. University of Samoa, Polytech, Pre- Lafaitele Patrick, Ministry of Schools); and Museum and Archives. Revenue. Unasa Mesi, a new minister, is Galuvao Viliamu Sepulona, Min- Minister of Justice and Courts Admin- istry of Works, Transport and Infra- istration; Film Censorship; Law structure; Samoa Shipping Corpora- Reform Commission; and Electoral tion; Traffic and Civil Aviation. Commission. Aiono Tile Gafa, Electric Power Taua Kitiona, a new minister, is Corporation; Samoa Water Authority; Minister for Agriculture, Fisheries and Samoa Ports Authority; Airport Agriculture, and is responsible for the Authority. Agriculture Store Corporation. Moefaauo Lufilufi, Village Mayors Of the twelve cabinet ministers, and Special Committee on Traditional two are women (Gatoloai and Fiame); Salutation and Legends; chairman of five are new ministers; and one Village Mayors’ Committee, Upolu. (Toomata) was a minister of agricul- Tuilo‘a Anitele‘a, Ministry of ture in the 1990s. Of the ministers in Women and Ie Samoa; chairman of the previous Tuilaepa administration, Village Mayors’ Committee, Savai‘i. only Fiame, Tuisugaletaua, Faumuina, Fonotoe Pierre Lauofo, Ministry of and Mulitalo were reappointed, the Natural Resources and Environment; other two being the prime minister Research Development Institute of and deputy prime minister. It certainly Samoa; Samoa Trust Estates. looked like a purge of the old mem- Tapuai Sepulona Moananu, Min- bers. But in the final analysis, the istry of National Resources and selection was entirely the prime min- Environment. ister’s, based on established hrpp Muagututia Pita Ah Him, Ministry criteria. of Communication and Information The new associate ministers and Technology; Samoa Tel and Samoa their portfolios are as follows: Broadcasting Corporation. Tuiloma Lameko, Ministry of the Sala Fata Pinati, Ministry of Agri- Prime Minister/Cabinet; Immigration; culture and Fisheries. Non-Government Organizations. Leao Talalelei Tuitama, Ministry of Vaeolenofoafia Tapasu, Ministry of Health. Foreign Affairs and Trade; Press Sec- Safuneituuga Paaga Neri, Ministry retariat. of Justice and Courts Administration. political reviews • polynesia 255

Pa‘u Sefo Pa‘u, Ministry of Educa- rating conditions for male inmates, tion; National University of Samoa; unfair parliamentary proceedings, Samoa Qualifications Authority. violence against women and children, Solamalemalo Keneti Sio, Ministry and discrimination against women of Education, Sports and Culture and non-matai (titleholders). In fair- Division. ness to the Samoan government, Manuleleua Lalagofaatasi, Ministry though, it must be said that the of Police (inclusive of Prisons and Fire Samoa Development United Party Service). contributed to its own “nonexistence” In some departments, such as edu- in Parliament by not heeding the new cation, there are two associate minis- parliamentary rules affecting member- ters. Prime Minister Tuilaepa Sailele ship in political parties. This was Malielegaoi said this was due to the the crux of the matter, as Tuilaepa heavy workload of those departments. explained. If the Samoa Development The new Speaker of the House is United Party had waited until the end Tolufuaivalelei Falemoe Leiataua and of the previous parliamentary term to the new deputy speaker is Laauliale- register as a new party, its dire situa- malietoa Leuatea. The vote was along tion would have been avoided. party lines: the government was sup- The local police authorities have ported by all Independents to obtain also reported that they had never 38 votes against 10 by the Samoa been consulted by US officials about Development United Party, and one prison conditions in Sämoa. Violence member abstained. against women and discrimination Apart from the burning of a school against women and non-matai are building and some incidents of stone also complex matters. Of course, such throwing by disgruntled supporters, violence should not be condoned, but the elections were generally free of it occurs in all societies and Samoan violence. Sämoa has thus maintained society is no exception. Women have its reputation for peace and stability equal rights with males in Sämoa but in the midst of rapid social change. presumably discrimination refers to Sämoa will join the World Trade political matters. For instance, in one Organization in the not too distant or two villages, women may not future. become matai. However, this really Earlier this year, the US State emanates from the reality of custom: Department issued a report on the men and women have specific roles, human rights situation in Sämoa. The with men becoming the chiefs, and report, made in compliance with the wives serving as their advisers. Unti- US Foreign Assistance Act and Trade tled men may vote but not become Act, was heavily critical of the candidates for Parliament—again, Samoan government’s record on in keeping with traditional practice. human rights, describing Sämoa as a Untitled men serve their matai until one-party state, no doubt as a result they are ready to take over the chiefly of opinions expressed in the ipu roles of their fathers and uncles. report. The report said human rights Samoans are comfortable with problems in Sämoa included deterio- their own cultural system and will 256 the contemporary pacific • 19:1 (2007) change only when they see the need. admiration and respect of his fellow It was for this reason that Tuilaepa citizens who voted his party back into said in a press interview for the power. United States to “mind its own busi- unasa l f va‘a ness” and look to its own backyard first. Still, the monolithic power now held by the Human Rights Protection References Party is terrifying to some critics. Centre for Samoan Studies. 2006. Samoa sdup Deputy Leader Asiata Va‘ai, National Human Development Report. for instance, labeled as disgusting the Papaigalagala, Apia: css, National Uni- appointment of twenty associate min- versity of Samoa. isters, an increase of seven from the Islands Business. Monthly. Suva. previous Tuilaepa administration. In Asiata’s view, this action by the gov- ernment will result in the negation of SO, The Samoa Observer. Apia. Daily. checks and balances required of a healthy democratic system. For in effect, the appointment of twelve cabinet ministers and twenty associate ministers and the election of an hrpp Arguably the most important event Speaker and deputy speaker signify in recent years for Tokelau’s political that every hrpp member of Parlia- development was the self-determina- ment is also a member of the execu- tion referendum that took place on 13 tive. Thus, these ministers and associ- February 2006. Tokelau’s 615 regis- ate ministers will make executive tered voters went to the polls to deter- decisions and defend these at the mine whether Tokelau would become same time in Parliament. self-governing in free association with Now that the Samoa Development New Zealand or continue as a non– United Party is again an official par- self-governing territory of New Zea- liamentary party, it will become the land. The two-thirds majority required lone voice of opposition, a task it has for changing Tokelau’s political status done admirably before. But the ques- by voting “yes” was not achieved, and tion remains, will the Human Rights the status quo will continue, at least Protection Party use its power wisely until another referendum is held. The and with moderation? This is indeed February referendum had been envis- the big question for Prime Minister aged as the final step in a series of Tuilaepa, the economic genius who interrelated and sequential events lead- has radically changed the social and ing to a new self-determined political economic landscape of Sämoa, and status for Tokelau. This report seeks who has turned an economy that was to review the recent initiatives and nearly bankrupt in the early 1980s events preceding the referendum and into one that has earned the admira- to interpret its outcome. tion and respect of renowned institu- The question put to Tokelau by the tions such as the World Bank and first visiting United Nation mission International Monetary Fund since back in 1976 was: Would Tokelau 2000. Above all, he has earned the consider having its own government political reviews • polynesia 257 like the rest of New Zealand’s former This line drawing from Wellington colonies? The choices provided by the with the position at the stern paddle UN Committee of 24 were limited to occupied by the collective Faipule was three: independence, self-government at odds with Tokelau ideas about how in free association with an indepen- a canoe is run with he toeaina ke i te dent state, or integration with an mulivaka (an elder positioned at the independent state. Tokelau’s answer stern); the stern of the canoe is the was brief: No thanks. Underpinning place from which wisdom and knowl- this response were anxieties as edge emanates. The cultural position expressed to subsequent UN visiting of Tokelau elders is displaced in the missions and New Zealand govern- diagram and the image is indicative of ment officials: Tokelau needed a solid the type of thinking that set the stage infrastructure before considering for ensuing social and political initia- standing alone. Education, health, a tives. Wellington and Tokelau were quality public service, and Tokelau’s not talking about the same canoe, yet mativa (poverty) were in the forefront each has continued to articulate the of these concerns. canoe metaphor in their own ways. Following the 1967 UN Mission In 1993, a Tokelau National Gov- visit, New Zealand substantially ernment came into being, with the expanded and upgraded the Tokelau three Faipule forming an executive public service in response to these council and assuming ministerial port- concerns. The Ministry of Foreign folios. Each year one of the Faipule in Affairs published a booklet in Toke- rotation is designated the Ulu o Toke- lauan and English (English title: Toke- lau (Head of Tokelau), and in this lau: Its System of Government and role represents Tokelau at regional Administration), setting out how it and international meetings. The first saw Tokelau operating. The booklet Ulu o Tokelau addressed a UN Decol- contains two features of particular onization Seminar in Port Moresby note: the front cover photograph of (1993) with an address titled “From a carver fashioning a model double the Lagoon to the Dark Ocean.” The canoe, and a line drawing of a three- metaphorical message was that Toke- seated canoe on the final page. The lau was preparing to leave the calm latter canoe is used metaphorically to waters of the lagoon and to venture demonstrate how Tokelau is governed into the uncharted waters, as it both nationally and locally. The canoe embarked on a journey toward self- hull is labeled “Tokelau people.” The governing status. While two domains three village-elected Faipule (leaders) are explicit in the symbolic language collectively are represented by the used (the lagoon and dark ocean), a steering paddle at the stern, and indi- third domain is implied—the canoe vidually by the reinforcing struts that preparing to leave the safe waters of connect the three outrigger booms the lagoon and venture into the (the elders’ councils) to the outrigger unknown waters. This was a bold (the pan-Tokelau General Fono). The statement by the Ulu o Tokelau as three village-elected Pulenuku (may- head of the new national government, ors) are equated with the three row- who was well aware that the three ing paddles. villages of Tokelau had continuously 258 the contemporary pacific • 19:1 (2007) told UN missions and New Zealand of 24 and New Zealand were given that they were not ready for change. notice of these new developments by In discussing the address with its the Ulu o Tokelau. A joint committee speaker, I discovered that the text for what came to be called the Mod- only exists in English; thus the speech, ern House Project was created, com- voiced by the Ulu o Tokelau from an prising the three Faipule representing English text, about Tokelau’s canoe Tokelau, the administrator of Toke- venturing forth was inaccessible to lau, and the newly appointed Toke- many Tokelauans. Tokelau as a whole lauan public service commissioner and its separate villages are indeed representing New Zealand. After a often likened to a canoe. Tokelau series of meetings in Apia in 2000, functions collectively, arriving at a second round of consultative visits decisions by consensus. In a planned was undertaken by the joint commit- voyage, all aspects of the planning are tee. Meetings took place in June formulated and overseen by senior 2000, during which the three village elders, who allocate specific tasks to councils endorsed the project. How- others. This collectivity adds credi- ever, the elders cautioned that the bility and blessings to the whole project should proceed with care in a endeavor. Yet the contents of national slow, calculated manner. The funda- statements have rarely been discussed, mental principle underpinning the let alone debated, at the village or Modern House Project was that the pan-Tokelau levels. three villages are the foundation of I have reported on the Modern Tokelau and would be the basis of House of Tokelau previously (Kalolo governance structures in the future. 2000). In 1998 New Zealand For lack of space, I limit the dis- appointed the first Tokelauan public cussion here to an examination of service commissioner, in partial two of the main programs of the response to the long-held Tokelau Modern House Project, namely, Good stand that the public service must be Governance and Capacity/Capability localized by replacing the New Zea- Building. I highlight these programs land States Services Commission with because they were designed to educate a Tokelau one. The Council of Fai- Tokelau political leaders and the pub- pule elected in 1996 had urged the lic generally about nation building return of public service administration and public service practice. Numerous to the villages and initiated proposals workshops, seminars, and meetings for a New House of Tokelau. This were envisaged to prepare the popu- “house” concept was coined by one lation for a probable future political of the Faipule in 1997 and was later status, with a village-oriented expressed metaphorically by another approach. By 2000, Modern House as a desire to “house all fish under Transition Teams and Village Council one rock.” These ideas were intro- Offices were in place to support this duced to the villages by all the elected planned public education venture. Faipule and Pulenuku, who visited all A great number of concepts, such as three atolls for rounds of consulta- self-determination, democracy, good tions. In mid-1999, the UN Committee governance, accountability, trans- political reviews • polynesia 259 parency, which have no direct equiva- Apia by a team of legal advisers with lent in Tokelauan, were to be dis- the help of Tokelau’s constitutional cussed, analyzed, and adapted to the adviser, Professor Tony Angelo. Tokelau village context. These terms Before reporting on the referendum are both difficult to define and diffi- proper, two documents must be ana- cult to translate or find equivalents lyzed: the Constitution of Tokelau for in the local context. Because of and the Treaty of Free Association this, the timing and duration of this between New Zealand and Tokelau. public education was crucial, a pre- The constitution document was requisite to any act of self-determina- prepared by a constitution committee tion. The undp office in Apia was and endorsed by the General Fono in willing to give financial assistance 2003: “Therefore we, the people of to these programs, but unfortunately Tokelau, join together for the protec- they never got off the ground. This tion of our families and culture . . . setback is significant in that after the have now established these principles February 2006 referendum, when for the Constitution of Tokelau” asked why they voted “No,” many (General Fono 2003). In 2005, both people responded: “Ko au e he mala- the English and Tokelauan versions of malama” (I do not understand). the document were approved by the The educational program did not National Translation Committee, happen because the Modern House which reported to the General Fono. Project was dismantled by the Council The work of the translation commit- of Faipule in 2003, arguing that it tee was then referred to the three Vil- should be “mainstreamed” through lage Councils for further discussions. the government. Initially, the project The document’s “Preamble” opens had been headed by a general man- with the familiar phrase: “We, the ager who was responsible to the joint people of Tokelau” (ocogt 2005). It committee. Following a two-to-one then covers such subjects as the Gen- decision to mainstream the project, eral Fono, the Ongoing Government, the general manager was asked to the Courts, Law Making, Land, Pub- resign and the Modern House Project lic Service, Finance, and Human was placed under the auspices of the Rights. Compared with other Pacific Office of the Ongoing Government of nations’ constitutions, the Tokelau Tokelau (a six-member executive com- document is relatively short. Most posed of all the elected Faipule and statements are not detailed, as evi- Pulenuku, which replaced the Council denced by the one on human rights: of Faipule in 2004). Gone was the “Individual human rights for all peo- envisaged village-centered public ple in Tokelau are those stated in the education endeavor, and most of the Universal Declaration of Human Modern House ideas and principles Rights, and reflected in the Interna- were shelved. tional Covenant on Civil and Political The years 2003–2005 were prepar- Rights.” This brevity is problematic, atory for a self-governing status, cul- as the “Universal Declaration of minating in the planned referendum. Human Rights” and other interna- The work was organized mainly from tional conventions may be known to 260 the contemporary pacific • 19:1 (2007) only a few, and certainly not to the the fore that could have been influen- majority of the populace. It is safe to tial in determining the result. Here I speculate that the vocabulary associ- discuss just three of the issues: (1) the ated with these topics is not well rights of the Tokelau people living understood. abroad to participate in political The 2005 “Draft Treaty of Free development of their homeland; Association between New Zealand (2) the lack of understanding as and Tokelau” is an acknowledgment expressed by many; and (3) the dis- “of the long history of friendship and unity in formulating and articulating cooperation between New Zealand of the voice of Tokelau by the Coun- and Tokelau and the many historical, cil for Ongoing Government. social and cultural links between their The first UN mission treated the peoples.” The document was origi- Tokelau homeland and the Tokelau nally composed in Wellington and communities in New Zealand as one. then repeatedly refined and adapted I have participated in many discus- to suit each partner’s point of view. sions between Tokelau elected leaders It exists in two versions, English and and Tokelau communities in New Tokelauan, and contains thirteen arti- Zealand and Sämoa; I have heard cles, beginning with a summary that many people living abroad expressing spells out the acknowledged principles a wish to participate in political deci- and values shared between the two sion making in the homeland by countries. Subsequent articles state engaging in debate and elections. that New Zealand recognizes the Many want to be considered Tokelau uniqueness of Tokelau language and citizens once self-rule is established, culture and undertakes to work with and to maintain the rights to land Tokelau to ensure their retention and plots and house sites to which they development; Tokelauans will retain are entitled by customary law. The New Zealand citizenship; New Zea- General Fono, however, ruled in the land undertakes “to provide ongoing 1990s that only Tokelauans residing in economic support and infrastructure Tokelau could make decisions affect- development to improve the quality ing Tokelau, reasoning that those liv- of the people”; and New Zealand will ing abroad (some five times as many continue administrative, technical, as those living in the homeland) and specialist support. should not determine local political The remaining articles address the matters. Yet, at the same time, the issues of emergency and disaster sons and daughters of Tokelau over- relief, defense, international relations, seas were repeatedly urged to return and the Tokelau International Trust and serve their homeland. This deci- Fund. The document was slated to sion applied in the case of the referen- come into force on the date it is dum, despite repeated appeals from signed, that is, pending the outcome Tokelau communities abroad. How- of the referendum, which is now ever, there is no evidence that the history. issue of Tokelauans residing abroad In the weeks leading up to the participating in the referendum was referendum, several issues came to ever debated in the Village Councils political reviews • polynesia 261 and General Fono. In the final days to refer the issue again to the three before the referendum, letters from communities. individuals and groups from abroad Come what may, there are a num- were read publicly, asking the home- ber of important issues that need to land to reconsider the General Fono be addressed. First among them is a decision, and presenting arguments on return to a village-centered public why Tokelau should vote no. education strategy as envisaged by the In the weeks before the referendum, Modern House Project, instead of the the phrase “I do not understand” was irregular, brief consultative visits by often repeated, particularly in the dis- an Apia-based group. Second, the cussions about the referendum itself issue of Tokelau people in overseas and the voting process. In 2004 and communities wishing to participate in 2005, the public consultations regard- decision-making in Tokelau needs be ing political development were con- revisited. What might be the rights of ducted by a team of legal advisers, Tokelauans living abroad to engage in but the aims of the public education major decisions affecting economic envisaged in the Modern House Pro- development in their homeland with ject were never achieved. This, com- regard to representation and participa- bined with the input from overseas, tion? What might be the role of peo- resulted in confusion. One politician ple residing abroad in international advised: “If you do not understand politics involving their homeland? the issues involved, vote no.” These and other questions must be The Council for Ongoing Govern- discussed between representatives of ment compounded the uncertainty by the homeland and the diaspora. Care- its own disunity. In mid-2005, the ful translation of official documents General Fono instructed the six mem- from English to Tokelauan (and Toke- bers of the Council for Ongoing Gov- lauan to English) is another major ernment to visit all the three commu- issue, particularly if the documents nities for a round of discussions. The represent the “voice” of either Toke- purpose was to consult and enlighten lau or New Zealand. Last but not the Tokelau public not only on current least is that the members of the Coun- constitutional and political issues, but cil of Ongoing Government need to also on the planned referendum. The speak with one voice. As representa- visit eventuated but the whole council tives of the Village Councils and vil- did not participate. This did not go lages, and spokespersons of the Gen- unnoticed, and from this point on the eral Fono in the international arena, council as a team did not speak with the council must present a united face one collective voice for Tokelau. for Tokelau. Another referendum is planned to take place in 2007. The General Fono kelihiano kalolo reviewed the results of the referendum and noted “that the draft Treaty References between Tokelau and New Zealand is still on the table” (General Fono General Fono. 2003. Vainiuga o Kalelega: 2006). The General Fono also agreed Report of the Constitution and Law 262 the contemporary pacific • 19:1 (2007)

Making Sessions of the General Fono. generation, provided the impetus for Manuscript. the first major march of what became ———. 2006. Decisions. Manuscript. a season of marches. Piveni Piukala, a Kalolo, Kelihiano. 2000. Tokelau. Poly- former computer systems manager at nesia in Review: Issues and Events, 1 July Shoreline, alleged financial misman- 1998–30 June 1999. The Contemporary agement, falsification of audits, and Pacific 12:246–249. exorbitant salaries of approximately Ministry of Foreign Affairs. 1980. Toke- us$400,000 each for the three main lau: ana faiga faka-te-malo ma na kui- executives, Sosefo Ramanlal, Soane kuiga fakaofiha (Tokelau: Its System of Ramanlal, and Crown Prince Tupou- Government and Administration). Wel- to‘a. Piukala warned that the prob- lington, nz: Ministry of Foreign Affairs. lems at Shoreline would cause the ocogt, Office of the Council of the people to feel disloyal toward the Ongoing Government of Tokelau. 2005. and especially toward the Tokelau: Self-Determination Package. crown prince. In early May, the Peo- Manuscript. ple’s Representatives filed writs in the Supreme Court against Shoreline and the Tonga Electric Power Board. At Tonga the same time, the Tongan Human Rights and Democracy Movement The last decade has seen an escalation (thrdm) began organizing a petition of social, political, and economic and conferring with the People’s changes in Tonga, but the events of Democracy Party and other “Demos” the past year have been extraordinary: —democracy movement supporters— Thousands of people participated in about a protest. The petition listed numerous protest marches, climaxing objections to the way the national in a general strike that held the gov- electricity provision had been priva- ernment hostage for six weeks; royal tized, to the fact that Shoreline held a family insiders spoke publicly against monopoly, and to the fact that elec- the authority of the king; the first tricity was so expensive while the elected and commoner member of company’s directors received such Parliament was named prime minis- high salaries. After gaining twenty ter; the first woman was appointed to thousand signatures, on 26 May cabinet; and the king gave his assent 2005 a record four thousand people to the National Committee for Politi- marched to present the petition to cal Reform. It has been a dramatic, the palace. It was read aloud by the traumatic, and emancipatory year for thrdm president, the Rev Simote Tonga, and in these respects the con- Vea. As he spoke, Vea also called on sequences of the popular uprisings of the king to surrender power to the 2005–2006 constitute a political, people and to become a ceremonial social, and psychological coup for figurehead like the in Brit- Tongans at home and abroad. ain. (The People’s Representatives In March 2005, whistle-blower later disavowed prior knowledge of revelations about Shoreline, the com- these latter demands.) pany holding a monopoly on power The next day, parliamentarians political reviews • polynesia 263 considered the forthcoming budget tion of the Public Service Association and appropriations for salary revi- (psa), with Finau Tutone as president sions, which had been going through and Maliu Takai as vice president. At committees including the Higher the meeting there were calls for a Salary Review Committee. Amid the national strike and another protest debate, ‘Akilisi Pohiva, the First Peo- march, but the newly formed psa ple’s Representative for Tongatapu, executive managed to convince the was steadfast in moving for a delay on members to begin with a letter of the salary revisions vote. His motions grievance. This was submitted to were defeated, and on 1 July the new Paula Ma‘u, the deputy secretary to salary scales came into effect. Upper- the prime minister, on 15 July, with a echelon civil servants were awarded response requested within three days. raises of up to 57 percent, while some The prime minister was out of the of those in the bottom tiers received country, but on 20 July, with no nothing. response from the prime minister’s The public servants’ strike was office, Clive Edwards (former minister the defining event of 2005. It began, of police but now one of Tongatapu’s unofficially, early in July. Soon after People’s Representatives) gave an the salary revisions were released, interview on television. He spoke of deputy ministers and other mid-level the inequity of the new salary struc- administrators from various sections tures. As Edwards put it, while gov- of the public service began clandes- ernment ministers now earned over tinely discussing the recently released t$100,000 (us$52,532) a year, police- revised salary scales. Their cautious men struggled to survive on t$50 discussions with each other stemmed (us$26.27) a week. The People’s from the unusual way in which Representatives, he affirmed, would salaries and departmental budgets support a strike if the Public Service had been released: Previously, the civil Association called for one. The fol- roll was an open document, and civil lowing evening, 21 July, two thousand employees were able to compare civil servants met at the Queen Sälote budgets and remuneration. But in Hall in the capital of Nuku‘alofa and 2005, this transparency was foregone; voted for an immediate strike. administrators were told that they At the time of the Shoreline pro- only needed to know the information test, a march of four thousand people for their own sections. However, as seemed a huge turnout. But it proved one deputy department head told me, to be a mere rehearsal for the protests “The cabinet’s attempt at secrecy to come. Despite pleas by the psa was defeated in the Tongan way: executive to give the prime minister’s Of course, we all have family in other office more time, and buoyed by the parts of the civil service. After some momentum of the turnout for the phone calls, we knew the whole bud- Shoreline protest, the civil servants get! That’s when we knew that the had had enough. Overnight they pay rises were unfair.” mobilized, and on 22 July an esti- A meeting of a thousand civil ser- mated six thousand people marched vants on 13 July led to the formaliza- through Nuku‘alofa to Parliament. 264 the contemporary pacific • 19:1 (2007)

These numbers reflect roughly 8 per- response to their request. The follow- cent of the residents of the main island ing morning, Finau Tutone issued a of Tongatapu, and 6 percent of the call for the civil servants to begin national population. The turnout for meeting at Pangai Si‘i until they the march and the rapidity with received the government’s response. which the civil action was mobilized Public schools throughout the country astonished even the organizers. Their were forced to close, as 1,466 (out of demand was simple: change the salary 1,600) teachers walked off the job. scales. The psa letter proposed increases of The first response came from Act- 80 percent to salaries for the lowest- ing Prime Minister Cecil Cocker. He level employees, 70 percent for those advised the striking workers that the at the mid-level, and 60 percent for cabinet could not accommodate them; those in the upper ranks. They esti- they had to follow procedure and mated the raises would cost t$20 seek a resolution to their salary dis- million (us$10,506,409) and could putes from their heads of departments be covered without increasing taxes. and the Public Service Commission. This has come to be referred to as the He also warned that if people did not “60, 70, 80 Letter.” return to work, they would be dealt In Parliament, the Tu‘ipelehake, with under the public service regula- nephew of the king and a Nobles’ tions—a clear threat. The next day, Representative, made a motion in 23 July, downtown Nuku‘alofa was support of the psa letter. With cabinet like a ghost town. Strikers had not members abstaining, Nobles’ and Peo- returned to their desks. The offices of ple’s Representatives voted to refer the Ministries of Marine and Ports, the letter to the cabinet. Meanwhile, Fisheries, Lands, Labor, Works, the a labor negotiator and a retired judge Post Office, the Civil Service Com- arrived from New Zealand, at the mission, and the Treasury were essen- request of the Tongan government, tially closed. A lack of ports person- to act as mediators. Acting Prime nel required one ship to bypass its Minister Cecil Cocker demanded that scheduled stop in Tonga. But the gov- the strikers return to work while the ernment remained steadfast: there negotiations took place. The Public would be no changes to the salary Service Association responded that scales. they would, if granted an immediate Undaunted, the Public Service 60 percent pay increase. When gov- Association held a rally on 25 July, ernment refused, the association again at Queen Sälote Hall, where refused to meet with the mediators. they voted to ask Parliament to sup- When they returned to New Zealand, port their cause. Following the rally, the labor negotiator called on the some two thousand people marched trade unions there to support the to Pangai Si‘i, a park located in cen- Tongan strikers. tral Nuku‘alofa between Parliament, By 28 July, with imports and Treasury, and the Prime Minister’s exports stymied, the business com- Offices. They declared their intention munity became involved. Sione Kioa, to wait there for the government’s president of the Tonga Chamber of political reviews • polynesia 265

Commerce, brokered a deal between such as health and police, or those the PSA executive and most govern- who could not afford to go on strike. ment ministers that seemed to provide On 29 July, the cabinet offered a a means for people to return to work unilateral raise of 12.5 percent, while negotiations continued. The funded mostly by cabinet ministers deal called for a return to the old agreeing to relinquish the raises allo- salary structure (the one that had cated to them by the Higher Salary been in place prior to 1 July 2005), Review Committee. The cabinet but with an increase of 10–15 percent argued that this was all the country for all civil servants below heads of could afford. The minister of finance, departments and ministers, and an Siosiua ‘Utoikamanu, said that the agreement to plan for further pay psa proposal would cost t$36.8 mil- increases as they could be afforded. lion, and would require raising more The deal also called for reforming taxes, contrary to what the Public the membership of the Higher Salary Service Association had determined. Review Committee so that it included Later, the finance minister admitted to actual civil servants. The final point an error in his estimation. His error was to suspend and defer the imple- was a source of both amusement and mentation of the salary system that derision within the ranks of the strik- had been devised by the Higher Salary ing civil servants. As one striker told Review Committee. All that was me: “I used to look up to them, they required for civil servants to return to were the ministers, but now, I saw, work was some sort of official confir- they don’t know what they are doing! mation from the prime minister, who I am the one with the degree in eco- had recently returned from overseas. nomics, we are the ones who have the The prime minister, Prince ‘Ulukalala education, and they make decisions Lavaka ‘Ata, thanked the business- but they even don’t know how. They people for their interest but advised are incompetent and we cannot let them that government would follow them ruin Tonga any more.” The 12.5 its own process. percent offer was rejected and was The prime minister’s rejection of later followed with other cabinet pro- the deal was perceived by many civil posals—20 percent, then 30 percent— servants as a strong-arm tactic, but the strikers’ resolve was solid. rumored to be on the advice of the “We know the money is there,” many crown prince. They saw it as intended people said, in response to the argu- to break their solidarity and play on ment that pay raises over 30 percent their poverty. Whether these motives would bankrupt the country. were true or not, the strikers began to By now, the gatherings at Pangai show increased resolve: Pangai Si‘i Si‘i were larger and more elaborate. became the daily staging ground for Marquees, tables, and benches were the striking workers to hear speeches, set up, and a portable loudspeaker sing songs, and drink kava. This system allowed the growing crowds to attracted supporters beyond those hear and voice their opinions. Food working in the civil service, as well as was donated by local businesses, and those working in essential branches, a local television station aired live 266 the contemporary pacific • 19:1 (2007) broadcasts of the speeches. Sympathy joined by students and parents from for the striking workers was expand- the Nuku‘alofa Primary School, the ing across the country and overseas. Catholic Women’s League, and the The interest of foreign media organi- Tonga Institute of Higher Education. zations was acknowledged with pro- The civil servants’ strike was becom- test signs written in English. ing a general strike. On 3 August, the head prefect of Soon thereafter, the cabinet issued Tonga College led one hundred sing- an order to close Pangai Si‘i. This led ing and clapping students to Pangai to the first confrontation between Si‘i, where they declared their support strikers and police. Early in the morn- for their teachers and expressed con- ing on Monday, 8 August, police cor- cern for their education. In response, doned off the park entrances. When the minister of education, the Rev- the initial group of strikers arrived erend Dr Tevita Palefau, announced a they were told to go home. Instead, a salary offer for teachers amounting to crowd gathered at the perimeter of t$2 million, with raises ranging from the park. The mood was defiant. The 60 percent to 125 percent. Two days potentially volatile situation was dif- later, on 5 August, in the largest polit- fused when the Reverend ‘Aisea Kava ical gathering in Tongan history, began to pray: as the police officers teachers and other striking workers joined in the prayer, the crowd of met at the Teufaiva Stadium to dis- about two hundred spontaneously cuss the offer. They voted resound- surged into the park with cries of ingly to reject the offer, seeing it as “Don’t fear!” One woman described “too late” and as a blatant attempt to it to me afterward as “a wonderful split psa solidarity. The Tu‘ipelehake moment. It was like God was there spoke in support of the strikers’ goals with us.” Police admonished the and acquired the nickname, “the crowd for disobeying the cabinet People’s Prince.” The cheering and order but did not force them to vacate clapping crowd of ten thousand, with (privately, several police officers told the Tu‘ipelehake among them, then me they supported the strikers’ goals marched from the stadium to Parlia- and only refrained from joining the ment to deliver their unified response: strike out of duty to keep the peace). the only acceptable offer was “60, 70, psa president Finau Tutone drafted an 80, for all public servants.” immediate letter to the , 5 August was a busy day in Nuku- requesting reversion of the cabinet ‘alofa. While actively supporting the order, while People’s Representative strikers in their off-hours, most physi- Clive Edwards requested a court cians, dentists, nurses had remained injunction. On the same day, the king on the job. But this day, some six tried to appease the strikers by prom- hundred health professionals, led by ising an independent audit of the Drs ‘Aivi Puloka and ‘Ana ‘Akau‘ola, salary scales. The psa executive and marched to Pangai Si‘i, leaving behind strikers responded that they would a skeleton crew to handle obstetric continue to wait at Pangai Si‘i for the and emergency cases at Vaiola Hospi- results. The next day, Chief Justice tal. Striking health workers were Robin Webber delivered his judgment political reviews • polynesia 267 that the cabinet had no right to close the school compound. Police arrested Pangai Si‘i. two hundred students and detained On Sunday, 14 August, Teufaiva another one hundred until their par- Stadium was again the site for a huge ents came to retrieve them. Later that gathering—this time a church service day at Pangai Si‘i, a protestor read a in which an estimated five thousand letter threatening more violence if the people came to pray with the king government did not settle in favor of for a solution to the strike. But His the strikers. In the early hours of 18 Majesty was upstaged by his democ- August, four cars parked in the Inland racy-supporting nephew, the Tu‘ipele- Revenue Service lot were torched and hake, who received applause and exploded. The following night, Sosefo cheers when he stood to read a Bible Ramanlal’s house was attacked with passage. On Monday, the Public Molotov cocktails. Damage was mini- Service Association offered cabinet mal. But on 23 August, Uoleva, a a twelve-point proposal for how to historic house in the village of Tata- resume negotiations. It included the kamotonga (on Tongatapu) that need for two arbiters—one for the belonged to the royal family, was government and one for the associa- destroyed by fire. On the northern tion—plus a mutually agreed island of Vava‘u, computers at the “umpire.” As the association waited government high school were found for the cabinet’s response, the royal smashed and classrooms ransacked. family traveled to Auckland to cele- The damage was done in the early brate the engagement of Princess Pilo- hours of 24 August, and police sus- levu’s daughter, Fanetupou Vava‘u, pected students. Meanwhile, the king to the grandson of the Samoan para- was still in Auckland, and his resi- mount chief, Malietau Malietoa. The dence there was the focus of unprece- irony of civil servants struggling to dented protests, which were also pay bills while the royal family funded tinged with violence. a lavish celebration did not go unno- A surprise visit to Pangai Si‘i by ticed, and led to the first real strike- Princess Pilolevu, recently returned related violence within Tonga. from New Zealand, and acting as On 17 August, students at Tonga in her father’s absence, may College were informed that their have helped stem the violence, which principal, Tu‘amelie Faaitu‘a, and was shocking to Tongans on both head tutor, Lopaki Fifita, were being sides of the debate. On 25 August, removed to the main education office the princess wept as she spoke to the in Nuku‘alofa. Both had been sup- strikers and referred to the personal- porting the civil service strike. Frus- ized attacks on her father. In response trated and angry, boys of the senior to her request that people return to class began to smash computers in the work, Fotu Fisi‘iahi, psa secretary, school offices, then stormed outside asked her politely to give the and attacked the cars of the new act- requested raises of 60 percent, 70 ing principal, Kakala Unu, and an percent, and 80 percent, so that they administrator from the Ministry of could resume working (such boldness Education. Then they marched off was unthinkable just a few months 268 the contemporary pacific • 19:1 (2007) before). While people were impressed longer-term workers received little or that the princess would make such a nothing became a platform for advo- gesture, and hopeful that she would cates of democratic reform. Strikers implement some positive action, they and democracy proponents coalesced continued to occupy the park. Later into a natural and politically savvy that same day, two hundred support- alliance. While they had been touched ers arrived from the island of ‘Eua. by the princess’s tears, the strikers They marched from the wharf to Pan- were more profoundly affected by gai Si‘i, followed by trucks laden with their own solidarity and success. produce for the cash-strapped strik- In the end, the strikers got every- ers. People had been without payment thing they asked for. As supporters for five weeks. continued to arrive from the outer Meanwhile, in New Zealand, Dr islands, bringing food and textiles as ‘Ana ‘Akau‘ola, the kingdom’s only gifts to their Tongatapu confederates, radiographer and a member of the on 1 September the Public Service psa executive, was participating in Association delivered its most startling a hastily arranged speaking circuit, demand: that the cabinet resign and explaining why she supported the put in place a democratically elected strike. She and Sione Fifita, a cleaner Parliament. The People’s Democratic in the Ministry of Works, spoke to Party, led by long-time People’s Rep- several groups about the strike, the resentative Teisina Fuko, had deliv- pay demands, and how they could be ered a letter to the palace earlier in funded. Their audiences were drawn the strike (11 August), asking the from trade unions and social justice king for a more democratic system in activists, Green Party members, Tonga, in which the people of Tonga elected members of the New Zealand would take part in running the coun- Parliament, and members of the try by having the right to elect the broader Pacific community. While they members of cabinet, including prime were in Tonga, Thomas Goddard, a minister and government ministers. retired New Zealand judge who spe- This small petition was reiterated as a cialized in employment law, was in demand, one that the princess regent Tonga, attempting to negotiate an end and her younger brother, the prime to the strike. Even though he had been minister, must have taken seriously, invited by both the government and given the recent violence and the the Public Service Association, by 27 overseas support for an end to the August he admitted defeat, saying he monarchy. On 1 September the Privy had not even been able to get the Council met, after which time the parties to agree on a process. Part princess regent led her brother and of the civil servants’ intransigence most of the Privy Council members resulted from their growing realiza- across to Pangai Si‘i to deliver their tion that the best solution for Tonga offer directly to the striking civil ser- was democratic reform. Thus, what vants: If the strikers would return to started as a protest against the work that day, they would pay the inequities of higher-paid civil servants 60-70-80 percent increases on an getting raises while lower-paid and interim basis while negotiating a long- political reviews • polynesia 269 term agreement. They would also set proviso that the 60 percent increases up a negotiating committee made up would be immediate, while the rest of the respected noble Fielakepa (who would begin in the next fiscal year. holds a graduate degree in law), Min- Strikers were to be paid for the time ister of Foreign Affairs (and former they had been on strike, and the stu- diplomat) Tu‘a Taumoepeau, and dents who supported them (including Minister of Labour, Commerce, and the vandals) would not be disciplined. Industries Feleti Sevele, a former Peo- The memorandum also included pro- ple’s Representative who had been visions against government down- made a cabinet minister. The final, sizing, especially at the expense of and most important inclusion in the those who had participated in the committee’s makeup was Dr Sitiveni strike. Another important aspect of Halapua, director of the Pacific the memorandum stipulated that the Islands Development Program at the cabinet team members would raise East-West Center in Honolulu and the demand for a fully elected gov- expert facilitator with success in the ernment with the rest of the cabinet. aftermath of the latest Fiji coup. On 5 September, after forty-four days The psa response to the Princess of striking, the civil servants returned Regent and Privy Council came a few to work. hours later. They rejected the offer Ostensibly, the protest began over but were willing to enter into negotia- objections to the salary revisions. In tions with the new team. Having put reality the roots of the civil action in the demand for an elected cabinet, were laid several years before. For and after weeks of domestic and over- decades, Tonga has been described as seas support for democratic reforms, having a mirab economy (based on there was a feeling among some mem- Migration, Remittances, Aid and bers of the psa executive that they had Bureaucracy). As the main employer, an opportunity to effect real change. the Tongan civil service has become Plans were already in the works for a bloated, cost-inefficient, and bifur- pro-democracy march, set for 6 Sep- cated: While some employees’ job tember. During negotiations, ironically categories and skills were outmoded enough, it was long-time democracy (typists, drivers, filing assistants), activist ‘Akilisi Pohiva who counseled others required years of specialized the psa executive to accept the offer overseas education (economists, and carry on to fight for democratic statisticians, environmental scientists, reforms. On 3 September, all parties health professionals). Tonga’s long- signed a memorandum of understand- term commitment to higher education ing by which the civil servants would has enabled a brain drain that benefits return to work. The Public Servants the nation and individual households Association, established in the early in terms of remittances, but has done days of the strike, and with little train- far less for internal productivity or ing as labor negotiators, ended up efficiency. with a resounding win for the civil Tonga’s King Täufa‘ähau has servants. The pay raises were imple- consistently thought of himself as a mented as 60-70-80, but with the modernizer, and under his reign the 270 the contemporary pacific • 19:1 (2007) government has sustained long-term investment; poor access to services and generally positive relationships and opportunities; poor quality of with foreign advisers, aid donors, and service delivery; lack of employment lenders, including Australia, Britain, or other income-generating and tech- Canada, China, the European Union, nical-training opportunities; ruptures Japan, New Zealand, Taiwan, the in the traditional Tongan kainga United States, the International Mon- (extended family) safety net; eco- etary Fund, and the Asian Develop- nomic hardship in a small but signifi- ment Bank (adb). Most recently, cant percentage of households; and Tonga has been planning for member- increasing income maldistribution. ship in the United Nations and World The report specifically recognized Trade Organization. Tupou IV’s reign that measures to alleviate the hard- has ushered in an increasingly import ship required concurrent micro- and and cash-based economy, and a grow- macro-level responses, with emphases ing diaspora of the well-educated, on health, social, and educational with a local economy that has for a service delivery to the more remote long time sustained an ideology of villages, opportunities for vocational security and well-being through fam- training, improved governmental ily, church, tradition, and household- standards, private sector investment, based subsistence production. and fiscal discipline. However, recent reports have The assessment, conducted in indicated household subsistence is November 2003, came midway in the no longer a source of security, and government’s implementation of its Tongans are experiencing real hard- Economic and Public Sector Reform ship. An adb-funded team (in con- Programs (underway since 2001), junction with local researchers) intended to ensure equitable prosper- conducted an assessment of Tonga’s ity for the nation in the future, and progress towards the UN Millennium based on the overseas and internal Development Goals for Poverty economic advisers’ arguments that Reduction. The report, entitled with household income highly depen- “Priorities of the People: Hardship dent on remittances, reduced numbers in Tonga,” drew on comprehensive of households producing their own qualitative and quantitative research food, and limited avenues for improv- conducted in communities from ‘Eua ing the foreign trade balances, Tonga and Tongatapu in the south to Tafahi was headed for financial collapse. in the north. It flagged problems Aiming to reduce their costs, the gov- relating to the increased monetization ernment planned to downsize the civil of the Tongan economy because of service and encourage private sector high remittance rates; the urbaniza- and entrepreneurial businesses while tion and out-migration from rural preventing a brain drain. Privatization and island areas, which created extra and corporatization of public enter- burdens for remaining rural residents; prises would create the jobs to absorb low growth rates in private economic the public servants who would be sectors; perceived inadequacy of gov- made redundant. Essentially, the adb ernance standards; weak private report confirmed the importance of political reviews • polynesia 271 the Tongan government’s reform preneurialism to stimulate jobs are directions and strategies. mantras that are by now familiar in The civil service salary scales were all globalization scenarios. There is no part of this neoliberal strategy to question that some Tongan business- modernize the Tongan economy. They men have succeeded in these sectors, were intended to align remuneration both in Tonga and overseas. But for with job skills, responsibilities, and many Tongans, the model of corpora- level of education, and thereby reduce tization of public enterprises is best the incentive for high-skilled, priori- exemplified by the actions of the tized labor to emigrate, but also to princess royal (who controls Friendly provide disincentives for redundant Islands Satellite Communications workers to remain on government [Tongasat], including the income payrolls. What seems to have taken from Tonga’s highly lucrative geosta- the cabinet and royal family by sur- tionary satellite slots) and the crown prise was the degree to which ordi- prince (who, as minister of Foreign nary Tongans would object to this Affairs and chairman of the Tonga strategy of remunerative inequity. Electricity and Power Board, con- While the new civil service pay scales vinced the cabinet to give him a mimicked principles of remuneration twenty-year lease to manage the board common in the nations to which Ton- as his own company). The geostation- gans have been migrating, they were ary satellite slots were supposed to radically different from past practices provide Tonga with the equivalent in which seniority, personal history of of Iraq’s oil and keep the country service, job title (rather than skills), wealthy, but the nation receives very and (unfortunately) gender factored little income from Tongasat. Tupou- into individuals’ promotion and to‘a promised to make the business remuneration. Rather than posing more efficient, thereby reducing elec- the question as “How can we make tricity rates and improving services for Tonga’s economy more productive Tongans. Shoreline did buy new gen- and competitive?” the strikers asked, erators, but they also reduced their “Why should those who are already staff from 120 to 20, borrowed heav- paid so much more get raises?” and ily, and paid the three owner/chief “What kind of government allows executive officers huge annual salaries. some Tongans to be so much poorer As high-profile models for how the than others?” Those questions merged private sector will create jobs for the economic agendas with moral ones. forthcoming civil service redundancies While such language was rarely and meet the government’s goals of a used in Tonga, the protests of 2005 higher standard of living for all Ton- represented resistance to aspects of gans, both Shoreline and Tongasat the neoliberal models of economic have failed to impress. reform. Reducing government The Tongan government’s goals— expenses through privatization, attaining a higher standard of living improving efficiency and fiscal conser- for all Tongans and creating more vancy through corporatization, and efficient and effective public sector depending on private sector entre- services—were, and remain, laudable. 272 the contemporary pacific • 19:1 (2007)

However, by 2005, as world prices ial activities and private wealth. At and local inflation rose, as the value the same time, various economic and of remittances waned, and as the policy mistakes over the past several changes introduced under the Eco- years have all come to a head. This nomic and Public Sector Reform was the context for the general strike. Programs began to be felt, the reality Following the signing of the memo- of the experience for ordinary Ton- randum of understanding, democracy gans was akin to that of East Berlin- activism did not abate. On 6 Septem- ers after 1989. Inflation hit double ber, as planned before the memoran- digits, some 23 percent of the popula- dum was signed, Tongans delivered a tion was experiencing incomes below petition asking the king to implement the poverty line (t$28/us$14 per major constitutional change within week), and many were having to twelve months. On 12 September, make tough choices between food, thousands of people again marched school fees, and personal debt pay- to the palace to present the king with ments. Others, confronted with the a petition demanding reforms to his novel experience of performance indi- , dismissal of the cators, felt unfairly targeted by the prime minister and all fourteen cabi- shift in the culture of the workplace. net ministers, establishment of an Attempts to set the example for the advisory committee that would neoliberalization of the economy and include all of the People’s Representa- instill an ethic of efficiency in govern- tives to discuss how political power ment ministries, coupled with the pri- should be returned to the government, vatization of state resources, a history and, finally, the withdrawal of Shore- of poor fiscal decisions, and recogni- line’s development license. News tion that success in the changing reports referred to the 12 September economic environment depended on event as Tonga’s largest political skills and financial backing not gener- march ever. Local businesses sup- ally available to those civil servants ported the march with taxis, trucks, that the government hoped to make concrete mixers, and other heavy redundant, all helped make the public equipment. Even the immigrant Chi- manager of the reforms, Prime Minis- nese, who are normally regarded with ter Prince ‘Ulukalala Lavaka ‘Ata, suspicion, participated in the march. personally unpopular. It also led to At the time, people viewed the protest more vocal resentment of his elder as a fitting finale to the civil servants’ siblings, the princess royal and crown strike and the remarkable political prince, both of whom do have the turn that events had taken. In Decem- wherewithal to engage in the kinds ber, more pressure was exerted on of private sector investment, entrepre- the king, his cabinet, and the royal neurial activities, and privatization of family, with proposals being pre- public services promoted by the eco- sented for parliamentary reforms. In nomic reform plan. While the two are general, people have come to express seen as competitors, they have both support for a monarchy, which, like capitalized on their privileged status Britain’s, is far removed from day-to- as royals to enable their entrepreneur- day governance. political reviews • polynesia 273

These are difficult issues in Tonga: as prime minister. Long assumed to be the monarchy is an important icon of suffering under the conflicting models national identity, and people remem- for leadership exercised by his elder ber that Täufa‘ähau Tupou IV estab- brother and sister, and certainly lished the first education scholarships. unpopular for having tried to imple- Loyalists opine that he foresaw this ment the economic reforms that led to result and will therefore enable the the civil servants’ strike, he resigned move to democracy. Thus, even as and removed himself from all cabinet political reform models are discussed, committees on 11 February 2006. some resentment of the activists (espe- This was hailed as a victory by the cially ‘Akilisi Pohiva) continues to Public Service Association. When surface among those who support the crown prince, acting as regent, some form of engaged monarchy. appointed Minister of Labour, Com- One of the results of the psa strike is merce, and Industries Feleti Sevele as an increase in issues-based dialogue acting prime minister (a position that among Tongans; the sense that their was confirmed on 30 March 2006), opinions matter is perhaps greater the international media focused on than ever before. Soon after the the fact that Sevele was Tonga’s first memorandum of understanding was elected, commoner prime minister. It signed, two committees were estab- was interpreted as a sign that democ- lished to discuss options and desires racy was coming to Tonga. among the domestic and diasporic The facts that Sevele has a graduate Tongan communities, especially those degree in economics, was a successful in New Zealand, Australia, and the Tongan businessman long before he United States. Malakai Koloamatangi, was a parliamentarian, was a close ‘Akilisi Pohiva, Sitiveni Halapua, and friend of Tupouto‘a, and had been the Tu‘ipelehake have helped spear- speaking about how much Tongans head these various consultations. At and Tonga’s economy were going to the same time, advocates of political have to become “leaner and meaner” reform have been concerned by the seemed not to cause alarm. Prince king’s failing health. Privately, they ‘Ulukalala Lavaka Ata had seemed worry about the crown prince’s ten- incompetent partly because even dency to be heavy handed, impatient, while trying to instill better business and sometimes disdainful toward practices in government, he was sensi- “ordinary” Tongans; his involvement tive to Tongan sensibilities, including with Shoreline and concern with self- the requirement to take the advice of enrichment add pressure to have the his elder siblings. But Sevele (like the democratic reforms resolved before crown prince) has a history of reject- Tupou V takes the throne. (In fact, ing Tongan traditions if they conflict as this issue went to press, Tupou IV with his financial interests. He has had just passed away in an Auckland certainly initiated a number of actions hospital, after a long illness.) to reform government and the civil Amid the very public critiques service. aimed at him, Prince ‘Ulukalala Soon after the strike ended, Sevele Lavaka ‘Ata tendered his resignation introduced the need for an Employ- 274 the contemporary pacific • 19:1 (2007) ment Relations Bill, and, despite its Tonga, privatizing Airport services, being against the spirit of the memo- and reselling Shoreline (a New Zea- randum of understanding, supported land company has expressed interest the need for downsizing of the civil in buying it). The civil servants’ redun- service through a redundancy pack- dancy package has been negotiated, age. The cabinet hoped to let a and a total of 817 accepted early thousand civil servants go. At the retirement from the civil service on 30 same time, comparing Tonga’s civil June 2006. The early projections of a servants to Fiji’s, Sevele pointed out thousand redundancies were not met, the inequity: Annually, Tongans enjoy but even with the gap, the Ministries 36 days vacation, up to 42 days of of Education and Works were both sick leave, and a bereavement leave considering hiring interim workers to of 7 days. In Fiji, civil servants receive help cover the immediate shortfall in 10 days holiday, 12 days sick leave, labor. It seems that Tongans now and 3 days for bereavement. He made have a prime minister who is much this point as part of a general state- better equipped to be the architect of ment that Tongans have to adopt the very neoliberal reforms that were more “modern” work ethics. causing them discontent. It remains Since taking office, Sevele has to be seen whether these reforms will restructured the public service depart- lead to the generalized prosperity that ments, reshuffled his cabinet, and is one of the goals of the Eighth appointed the first woman cabinet Tongan Development Plan. minister, ‘Alisi Taumoepeau. Sevele On the democracy front, the most has also negotiated a t$60 million recent news is tragic: On 6 July 2006, loan from China. The loan is sup- while in California to conduct consul- posed to help balance Tonga’s budget tations for the National Committee and provide the funds to buy back for Political Reform, the “People’s Shoreline, as well as fund develop- Prince,” the Tu‘ipelehake, his wife, ment projects such as wharfs, schools, the former diplomat Princess Kai- roads, and airport renovations, and mana, and a friend, Vinisia Hefa, pay for vehicles and renovations initi- were killed in an automobile accident. ated for the meeting of the Pacific The sudden loss of highly placed Islands Forum originally scheduled to members of the royal family, elites be held in Tonga later this year. (In who were thought of as sympathetic return for the loan, Tonga will sup- to the people’s needs, came as a shock port the One-China policy when to the democracy movement. Sitiveni necessary at the United Nations.) Halapua has taken over the Tu‘ipele- Yet even as Tonga is preparing to buy hake’s role and will complete the back its power generation company, report on Tongans’ ideas on political Sevele is looking into an expanded reform to be submitted to the king. and accelerated privatization agenda, Tongans have expressed vehement including selling houses owned by disapproval of their government’s government for the use of ministers decisions in the past, most notably in and senior public servants and its 40 1899 when King Tupou II’s choice of percent share of the Westpac Bank of wife and queen almost sparked a civil political reviews • polynesia 275 war, and with more frequency since only on kinship ties; and Tongans 2002, when government tried to stifle around the world have been mobi- a critical media. That action also trig- lized to discuss exactly what type of gered petitions, legal challenges, and political structure they want for their marches. But nothing within living homeland and nation. This has been a memory approaches the events of peaceable coup, and once again Ton- 2005–2006 for drama, mass partici- gans have demonstrated their remark- pation, and long-term ramifications. able tendency to appear to be follow- What began as a protest against neo- ing external trends and influences liberal reforms of civil service payrolls while persisting in doing things in became a catalyst for changes that their own way. have already led to serious political, heather e young leslie economic, and, perhaps most signifi- cantly, psychological ramifications for the Tongan people: The monarchy is Thanks to ‘Aivi Puloka, ‘Akilisi not overthrown, but the sacrosanct Pohiva, ‘Ana Akau‘ola, Caroline Fusi- status once enjoyed by the Tupou malohi, ‘Eseta Finau, Kahungunu and traditional nobles is Barron-Afeaki, Katea Ulakai, Lopeti gone; their modern “tapu” has been Senituli, Malakai Koloamatangi, Mapa broken. Puloka, Mele Vea, Tavake Fusimalohi, Nevertheless, though democracy and others too numerous to mention. advocates can legitimately claim a moral victory and point to the prom- References ise of real changes in governance, and while it is likely that reforms will Asian Development Bank. 2004a. Priori- move Tonga toward a more democra- ties of the People: Hardship in Tonga. tic polity, the tangible responsibilities Manila: Asian Development Bank. of the royal and noble elites to the ———. 2004b. Annual Report (Tonga). nation will have been reduced, while Manila: Asian Development Bank. their economic and symbolic privi- Beechey, Bronwen. 2005. Solidarity Grows leges remain unchanged. At the same for Tongan Workers. Green Left Weekly, time, the restructuring agenda that Australia’s Socialist Newspaper [Weekly. stimulated the general strike has actu- Sydney.] 7 September. . resolution. Braddock, John. 2006. Tongan Public Ser- In addition to the economic effects, vants Threaten to Strike against Govern- the general strike’s main results to ment Restructuring. 17 March. World date have been cathartic and charis- Socialist Web site matic: grumblings long expressed in Government of Tonga. 2006. Strategic private have been aired publicly and Development Plan Eight 2006/7–2008/9: internationally; traditional elites have Looking to the Future, Building on the been forced to respond to commoners’ Past. Nuku‘alofa: Central Planning perspectives; alliances have formed on Department. the basis of relations of production, Government of Tonga Prime Minister’s education, and experience rather than Office Web site 276 the contemporary pacific • 19:1 (2007)

Government of Tonga Reform Informa- Taimi ‘o Tonga. Tonga Times. Biweekly. tion Office Web site .com>. Islands Business. Monthly. Suva and Taumu‘a Lelei. Roman Catholic monthly. Auckland. Kalonikali, The Tonga Chronicle. Govern- ment weekly. Nuku‘alofa. Keith-Reid, Robert. 2005a. Burst of Unrest in the Kingdom. Islands Business. The World Summit on Sustainable August. Development held in Johannesburg in 2002 provided the impetus for ———. 2005b. Civil Service Revolution Tuvalu’s first-ever National Summit Turns Ugly. Islands Business. September. on Sustainable Development, which Magick, Samantha. 2004. Continued took place from late June through Turbulence Ahead: Many Pacific Airlines early July 2004. Invited participants Struggle in a Fast-Changing Market. included several from each island Pacific Magazine. October. women, and youth delegates), repre- Matangi Tonga. Quarterly. Nuku‘alofa. sentatives from each of the eight island communities on Funafuti, Namoa.com. Nongovernmental Web site senior officials, ministers, politicians, operated from Tonga. groups, faith-based organizations, New Zealand Herald. Daily. Auckland. women’s associations, regional bodies (South Pacific Applied Geoscience Pacific Islands Report. Daily. Pacific Commission, Forum Secretariat, Islands Development Program, East-West Pacific Regional Environment Pro- Center. Honolulu. . Pacific), and business houses. Four Pacific Magazine. Monthly. Honolulu. or five expatriate Tuvaluans working . abroad (including myself) were also invited by the government to act as Pareti, Samisoni. 2005. People’s Power: Writing on the Wall for Royals. Islands resource people at the summit. The Business October. purpose of the summit was to consult widely and map out strategies for Planet Tonga. ten years (2005–2015). An estimated Radio Australia. 2006. Tonga Farewells four hundred people gathered in Prince Tu‘ipelehake. . pule (Council of Elders Meeting Hall) Radio New Zealand International. Gov- for the summit. ernment daily. Auckland. ical neutrality, the government agreed Radio Tonga. Daily broadcasts in Tonga. that Minister of Finance Bikeni Pae- political reviews • polynesia 277 niu and Leader of the Opposition ment for Tuvalu. However, the qual- Kamuta Latasi would cochair the ity of what transpired proved that summit. The two of them skillfully such assumptions are no longer valid. steered the meeting through difficult Eight main thematic areas were and sensitive issues, kept the interest agreed to and formed the substantive of the participants alive through good agenda: strengthening macroeconomic humor, prompted the discussion when stability; improving the provision of there might have been a stalemate, social services; improving develop- and tactfully managed the more vocal ment of the islands and Falekaupule participants to ensure that everyone (Council of Elders); creating employ- had a chance to express his or her ment opportunities and enhancing views. private sector development; improving The entire summit was therefore capacity and human resources devel- characterized by the rich quality of opment; developing Tuvalu’s natural consultation and expressions of gen- resources; improving the provision of uine concern over the country’s devel- support services; mainstreaming of opment needs—specific to each island women in development; and good and also common to all. The diversity governance. of participants and the different and After each plenary session, the rich cultural and traditional nuances large gathering usually split up into they brought to the summit added four groups to discuss the items in flavor to a fully consultative and par- more depth and to come up with find- ticipatory meeting. The combined con- ings. Both the plenary and group dis- tributions of all the delegates, their cussions were considered to be of very active participation and keen interest, high quality. Visits to the islands and and the support of various island com- the different island communities by munities who provided abundant task groups from the Ministry of refreshments, all made for a most Finance to familiarize people with the creative and enriching experience. agenda preceded the actual summit. This was the first time that such The submissions from the islands and an extensive consultation had taken island communities were therefore place at the national level regarding very well prepared and clearly articu- the country’s development. National lated. This led to focused, engaged, development strategies have hitherto and stimulating general discussions. been widely understood as the sole Such extensive consultation, especially preserve of the government. A few in a fragmented place like Tuvalu years before, only the planning where transportation and movement office—mostly staffed by expatriate of people is difficult and requires con- officers—was assumed to possess the siderable effort to coordinate, does skills and knowledge to write devel- not come cheap. However, many opment policies and strategies for delegates applauded support for the Tuvalu. In fact, an expatriate officer process and the inclusion of a large from one regional organization said number of people; many also felt his special mission at the summit was excited at actually being part of mak- to develop and write the vision state- ing the country’s development plans 278 the contemporary pacific • 19:1 (2007) and policies. For a great number of emerged from the summit. The first participants, the summit presented a stressed that sustainable development fertile arena to learn from and share was dependent on good governance ideas with one another. A traditional and recommended strengthening the high chief described the summit as the oversight of the functions of public most important historical gathering institutions to improve accountability ever held in Tuvalu since its indepen- and transparency. Economic growth dence in 1978. was needed for improving standards However, two things appeared of living, and the summit called for a to mar the summit. The first issue review of the public service, state- involved the absence of most of the owned enterprises, and improvement permanent secretaries in many of the in budget management including pro- discussions. When questioned about viding a stable macroeconomic envi- this, the secretary to government ronment. Recognizing the fluidity of surprised everyone by saying that the the political leadership in the country, permanent secretaries were too busy the summit also resolved that the with their work and attendance would sustainable development strategies mean no one would be “on watch.” agreed on at the summit would Since permanent secretaries are known remain operational and effective to be away often on overseas trips, despite any changes in government the explanation did not make much during the planning period. After the sense. The fact that the chiefs, tradi- summit, the government met with tional leaders, and cabinet ministers, development partners to discuss how as well as the overseas participants the plan might be funded and imple- had all taken time off to attend the mented. summit made the absence of perma- The summit also produced a histor- nent secretaries culturally and profes- ical document called the Malefatuga sionally unacceptable. Declaration, after the traditional name Second, the manner in which one of the area where the summit was held or two of the ministers asked ques- (the old meaning of malefatuga is tions and directed their concerns to “challenge,” the place where conflicts the government during the debates are resolved. Its modern usage is had the mark of betrayal. It is one “place of identity and confidence, thing to offer personal insights on where good deeds are recorded”). how things might be undertaken or The Malefatuga Declaration was improved, but it is another for indi- signed by the two cochairs, all the viduals to openly criticize government island head chiefs, and representatives policies as though they were not part of the private sector, women’s council, of the decision-making process. In and national youth association, all fact, the openly critical comments pledging their commitment “to the foreshadowed a political coup. A full implementation of the strategic month later, Saufatu Sopoanga was priorities and key actions as adopted dethroned as prime minister by a through [the various] resolutions.” motion of no confidence. The Malefatuga Declaration also A number of major resolutions affirmed a commitment to ensuring political reviews • polynesia 279 effective monitoring and assessing the an obstacle to the push toward ban- impact of the agreed strategies and ning commercial whaling. While action plans. The resolutions and Sopoanga’s government was trying to conclusions of the summit, and the fend off potential threats to Tuvalu’s Malefatuga Declaration, provided the iwc membership, domestic politics foundation for, and helped to inform, turned sour when a vote of no confi- the preparation of Te Kakeega II, the dence removed Sopoanga from office country’s National Strategy for Sus- on 26 August 2004. Two government tainable Development for the period members—Elisala Pita, also from 2005–2015. Sopoanga’s constituency, and Speaker The launch of the impressive new of Parliament Otinielu Tausi—crossed central government office complex the floor, making it possible for the coincided with the end of the summit. motion to succeed. Tuvalu News These two events were cause for much reported that Tausi was dissatisfied feasting, celebration, and traditional with Sopoanga’s financial policies and entertainment. Taiwan’s deputy min- some cabinet ministers were unhappy ister of foreign affairs, Michael Kau, with Sopoanga’s disappearance on a was the guest of honor in a celebra- visit to mainland China (Tuvalu tion that marked the launch of the recognizes Taiwan and not China). new building. The imposing three- Sopoanga had previously expressed floor administration office complex, his disapproval of the Taiwan repre- which towers over the rest of Funa- sentative in Tuvalu associating himself futi Island and includes large water publicly with leaders and members of cisterns in the basement, was funded the opposition and had accused the by the government of Taiwan at a representative of meddling in Tuvalu cost of us$8 million. But as one par- politics. ticipant commented, “The test of a In early May 2006, New Zealand new building is how well it is main- Conservation Minister Chris Carter tained, and the quality of decisions visited Tuvalu to discuss whaling that spring from the boardroom!” issues, prior to the IWC meeting that The Tuvalu Philatelic Bureau com- was to be held in June. On paper, it memorated the occasion of the new looked increasingly likely that the building with two new a$2 stamp pro-whaling nations would achieve issues, each one depicting Taiwan a majority on the commission for President Chen Shui-bian and Tuvalu the first time. Anti-whaling nations Prime Minister Saufatu Sopoanga. wanted to turn that around, and the In mid-July 2004, Tuvalu joined minister’s visit was part of a cam- the International Whaling Commis- paign to influence countries in that sion (iwc) amid an international direction. To overturn the 1986 chorus accusing Tuvalu of supporting moratorium on commercial whaling, Japan in exchange for economic assis- a three-quarters majority is required. tance. In spite of Tuvalu’s insistence Similar visits to , that it has not been the subject of , and Nauru were also influence, allegations continued to planned. Tuvalu’s response to the mount that Tuvalu’s membership was “flying lobby visit” was that its posi- 280 the contemporary pacific • 19:1 (2007) tion since it joined the international nated Tuvalu. The first relates to the body would remain unchanged. threat of global warming to the low- Tuvalu has consistently said that it lying atolls of Tuvalu. [Editor’s note: supports “the sustainable use of what- See the feature review of five recent ever resources” there are, including videos about these concerns, pages whales. Contrary to the statements of 294–306, this issue.] The second con- various international commentators, a cerns the plight of Tuvaluan workers spokesperson maintained that Tuvalu abandoned on Nauru by the Nauru had not been bought by Japan. He Phosphate Corporation. pointed out that while Japan remains Tuvalu took every opportunity to an important development partner, heighten global consciousness of the its overall level of development assis- urgent threat of global warming to its tance for Tuvalu has not substantially low-lying island atolls at both inter- increased. Nevertheless, the visit from national and regional forums, through New Zealand produced an agreement the media, and by raising the general for a survey of whale and dolphin level of awareness of its people. In a numbers in Tuvalu waters. The ratio- speech on 16 September 2005 to the nale for the project remains unclear. 66th Session of the UN General Under normal circumstances, Par- Assembly, Prime Minister Maatia liament would have met several days Toafa emphasized the slim margin of after Sopoanga’s removal to vote in a survival associated with fragile island new prime minister. However, Sopo- environments: “Tuvalu’s long-term anga resigned his seat in a maneuver security and sustainable development designed to garner support and buy is closely linked to issues of climate the government more time. Under the change, preserving biodiversity, Tuvalu Constitution, all fifteen seats managing limited forests and water should be filled before the Parliament resources.” Cyclones, aggravated by can vote on such important matters. the effects of climate change, have a Sopoanga re-contested his seat and devastating effect on small economies won the by-election. Unfortunately, and the lives of island communities. though, he lost the prime ministership For Tuvalu, the effects are alarming. to his deputy, Maatia Toafa, who Toafa claims that the international became the first prime minister from community should give far greater Nanumea Island and the first from attention to these kinds of environ- the northern group. Some key observ- mental and security issues. ers in Tuvalu suspected that a great Extraordinarily high tides in Febru- deal of conspiracy within Sopoanga’s ary 2005 exacerbated by bad weather own party, especially among the more caused significant flooding in Funa- senior ministers and others, transpired futi, the capital of Tuvalu, much to while Sopoanga was out campaigning the anxiety and trepidation of the for the by-election. The election for inhabitants. Those affected were prime minister took place on 11 evacuated quickly to the government October 2004. primary-school buildings, while their During the period from July 2005 personal property, animals, and gar- to June 2006, two main issues domi- dens were completely destroyed. political reviews • polynesia 281

Travel through these areas proved ilies migrated to Niue under an infor- difficult, as debris, stones, and boul- mal scheme agreed to by then Tuvalu ders from the ocean side of the south- Prime Minister Kamuta Latasi and ern part of the island had been swept Niue Premier Frank Lui. These fami- into the middle of the island by giant lies have now established themselves waves. Most alarming was the fact in Niue and are without doubt con- that seawater was rapidly oozing out tributing to the cultural, social, and of the countless potholes along the economic life of Niue in many ways. sides of the airport runway, prompt- For instance, a few Tuvaluans played ing a cnn reporter to remark that for Niue’s national teams for soccer Tuvalu was bleeding or eroding from and the Rugby Sevens, and their within. These high tides and the dam- skills in fishing supplied the domestic age that they caused were widely demand in stores, restaurants, and reported by various media sources hotels. However, the Niue govern- in the Pacific. ment is still considering Tuvalu’s In February 2006, during a climate request and is treading cautiously on refuge forum (organized by Friends of the issue. Some in Niue feel that the the Earth as part of the Sustainable Tuvaluans are only using Niue as a Living Festival), a Tuvaluan living in doorway to further migration to New Melbourne commented that Tuvalu- Zealand. ans should be moved to Kioa Island The stranding of about 400 Tuval- in Fiji. Kioa, a volcanic island much uan and perhaps 1,300 I-Kiribati higher in altitude than Tuvalu, is pop- workers and their families on Nauru ulated by Tuvaluans who were moved dominated the Tuvalu news agenda there in the 1950s. The argument that throughout the year. They had been relocating Tuvaluan citizens to Kioa recruited to work in the phosphate would ensure the survival of the mines by the Nauru Phosphate Cor- Tuvaluan culture did not find favor poration, a company that is totally with the Tuvalu government. It was owned by the Government of Nauru. seen as a retreat, a surrender of the The company experienced severe government’s basic premise that financial problems and failed to either Tuvalu’s demise is being caused by pay the workers’ wages or repatriate the lifestyle and behavior of the more them to their home islands. It is hard industrialized countries, which must to imagine how these people have sur- accept the obligation to find a suitable vived for so long; no doubt they have remedy. Relocation of the population been depending on what little gardens was therefore not a priority, although they can grow around their houses, at the same time the government was fishing, and help from their families seriously looking at investing in the abroad. purchase of land overseas—Australia In August 2005, Tuvalu’s former and New Zealand were mentioned. governor-general, the Honorable Related to the issue of relocation Faimalaga Luka, passed away in Fiji. was the current government’s request Since his appointment in 2002, Gov- to resettle more Tuvaluans in Niue. ernor-General Luka spent a good part Some years ago several Tuvaluan fam- of his time traveling to Fiji for med- 282 the contemporary pacific • 19:1 (2007) ical assistance, often with a relatively of health and education, while the large entourage. Prior to his appoint- incumbent went overseas for long- ment, he served briefly as prime term medical treatment. In a 15-seat minister in 2001. His tenure in that Parliament, the government holds 10 position ended abruptly when he was seats, while the opposition has 5 seats. voted out as a result of a political con- The position of the current gov- spiracy from within his own caucus, ernment seems assured, providing the contrived by his close associates. possibility of a renewed political A by-election in the electoral dis- landscape. Tuvalu has seen ten prime trict of Nanumaga, caused by the ministers in the twenty-eight years resignation of one of its members of since independence—no doubt a Parliament, the Honorable Namoto record in the region. The problem Kelisiano, saw former Cooperative with the parliamentary system is that Society Purchasing Officer Halo Tua- the prime minister does not have any- vai voted in. Kelisiano was previously thing to fall back on in the event of a on the opposition benches, and Tua- no-confidence vote. He cannot call for vai’s choice to side with the govern- general elections in order to secure ment ensured the latter of a thin the majority he needs to carry out majority in the House of Parliament. his mandate, because the constitution The reason given for Tuavai’s alliance does not provide for this. Neither with the government was to lend sup- does it provide for a limit to the num- port to his colleague from the same ber of votes of no confidence that can electorate, Speaker of Parliament be made against an incumbent prime Otinielu Tausi. The Honorable Kelisi- minister. ano, a ship’s engineer, resigned in In an apparent case of tit-for-tat order to run the island’s power plant politics, the Honorable Otinielu at the request of his home community. Tausi, Speaker of Parliament, declared Prior to this, two by-elections in vacant one of the seats for the Funa- the country had resulted in further futi electoral district, which was held enhancing and cementing Prime Min- by the Honorable Kamuta Latasi. The ister Toafa’s majority position. The vacancy was declared due to Latasi’s Honorable Sio Patiale, a member of continual absence from sessions, as Parliament from Nanumea Island, required under parliamentary rules of resigned on medical grounds, and was procedure. The Honorable Latasi, a replaced by a former Speaker of Par- former diplomat, veteran politician, liament, the Honorable Kokea Malua, and former prime minister, was who returned as a government sup- undergoing medical treatment in Fiji porter. In May 2005 another by-elec- under the government’s own scheme. tion was held, following the sudden Patients undergoing overseas medical death of one of the members from treatment under the auspices of the Nui Island who had been leader of the scheme do so only with the approval opposition group. His replacement, of the minister of health. The govern- the Honorable Taom Tanukale, joined ment was therefore clearly aware of the government ranks and was sub- the reason for the member’s absences. sequently made the acting minister It is believed that the Speaker acted political reviews • polynesia 283 contrary to legal advice, and govern- the first in three years, and the distrib- ment members did not attempt to ution available for the 2006 budget deal with his unusual actions within represents the largest single-year their own caucus. The chief justice payment from the fund (the largest upheld an application by the member payout previously was a$11 million and ruled that the dismissal was for the 1988 budget). The fund is unconstitutional, noting that the invested in diversified portfolios man- whole matter would not have arisen aged by international fund managers if the former prime minister had fol- based in Australia. lowed the rules of procedure. More- The success of the Tuvalu Trust over, from a political perspective, the Fund led to the establishment of the Speaker’s decision to sack the member Falekaupule Trust Funds (ftf) for only served to strengthen the latter’s each of the eight main islands in the position within his own electorate. country. These were designed to The Funafuti community was deter- underwrite the costs and projects of mined to simply field him back should island local governments, encourage there be a by-election, and community decentralization, enhance capacity, pressure meant that the possibility of and achieve a significant level of other candidates wanting to contest development finance for island com- and win would be very slim. munities. Since 2004 the Falekaupule In mid-2005 Tuvalu hosted the Trust Funds adopted an investment annual Forum Economic Ministers structure almost identical to that of Meeting on Funafuti Island. More the Tuvalu Trust Fund. In September than ninety overseas visitors filled up 2005, it also announced a payment, what limited accommodation was the first in four years, of almost a$2 available on the island, including a million. This ftf distribution will be guesthouse owned by Minister of made available to the island com- Finance Hon Bikeni Paeniu. The cost munities in 2006 to support island for Tuvalu’s hosting the meeting was development and community projects. conservatively estimated at a$10,000, An unattributed report claims that but it would be useful to know the distribution formula was reached whether the actual cost outweighed after immense political rumblings the revenue generated. and internal fighting. The eight island When the market value of the communities would share 75 percent Tuvalu Trust Fund (ttf) exceeds its of the monies equally, and the remain- calculated maintained value, the dif- ing 25 percent would be distributed ference is a distribution to Tuvalu’s based on the size of the resident pop- treasure chest. As of 30 September ulation of each island. 2005, the difference came to some No distribution from the Tuvalu a$12.5 million, of which nearly a$1 Trust Fund was paid out in the previ- million was made available to support ous four years (2000–2004), and the the 2005 budget, and the balance of last significant distribution was in more than a$11 million was to be 1988. If budget planning assumes made available for the 2006 budget. more payouts, there is a real possibil- The payment for the 2005 budget was ity of Tuvalu’s ending up with unman- 284 the contemporary pacific • 19:1 (2007) ageably large budget deficits. For officials who accompanied the minis- 2005, the government had to draw ter to various talks declared that the considerably from its consolidated details of the proposal were very trust fund (Account b) in order to unclear. Observers speculated that the bring the budget deficit down to an outside financiers might be interested acceptable level. Incorrect revenue in the ttf investments, or in using forecasts and excessive government Tuvalu to lend credibility for obtain- expenditure were the main causes ing letters of credit or bank loans. for the large 2005 deficit. An Asian Investors might also be trying to Development Bank economic survey evade or avoid taxation in their home pointed out that the Tuvalu civil ser- countries. Fortunately, pressure from vice is one of the largest by regional other countries, particularly the devel- standards, and current indications are opment partners, may have persuaded that it is still growing at an alarming Tuvalu policymakers to drop the idea. rate. In 2004, the anz Bank was close Excessive expenditures on travel, to signing an agreement to take over especially by ministers, have often the operations and management of caused tensions in the civil service. the National Bank of Tuvalu (nbt). The level of subsistence allowances While this was a move I was strongly for Tuvalu’s traveling officials may be opposed to, the anz Bank did prom- the most generous in the world, and ise a greater variety of banking ser- the situation has received attention in vices not previously available under several audit reports. The problem is the nbt management. However, the exacerbated when ministers change emergence of the Berlin tax scheme their travel itineraries, usually while and the obvious ambiguities sur- overseas, to suit their personal prefer- rounding it forced the anz Bank to ences, for example, to add stopovers shelve its proposal. The Bank of in destinations like Auckland and South Pacific (Papua New Guinea), Brisbane where relatives may reside. which had just acquired the Westpac Islands Business magazine ran a Bank Branch in Niue, was reportedly feature article in late August 2005 also interested in expanding its opera- on a moneymaking scheme devised by tions to Tuvalu, but postponed the some individuals from Lessing Univer- initiative because of the proposed sity in Berlin headed by a Dr Ronald scheme. Bauermeister. The scheme involved Taiwan President Chen Shui-bian’s the establishment of a Bank of Com- visit to a number of Pacific Island merce of Tuvalu, and a register of states in early 2006, including a tran- international companies. A further sit visit through Fiji and a day’s visit proposal was the opening of Tuvalu to Tuvalu, caused some consternation diplomatic missions in Europe, pre- in the region. Six countries in the sumably to be staffed by members of Pacific—Tuvalu, Solomon Islands, this group. It was generally under- and the republics of Nauru, Palau, stood that Treasurer Bikeni Paeniu, Kiribati, and the Marshall Islands— as the minister of finance, was firmly recognize Taiwan, and the ongoing behind the proposal. However, senior rivalry between China and Taiwan for political reviews • polynesia 285 recognition by Pacific countries has number of ways. For example, Tai- concerned policy makers in both Can- wan agreed to rescue the Tuvaluans berra and Wellington for some time. and I-Kiribati stranded in Nauru; On 10 December 2005, PacNews bailed the government out of severe reported a Taiwanese diplomat’s accu- budgetary deficits; paid for the newly sations that New Zealand (and Aus- built office complex in Funafuti; and tralia) were treating the Pacific as if paid for many government ministers’ they owned it, adding that New Zea- travels abroad. However, there is land enjoys trade with Taiwan and skepticism about the transparency, should respect Taiwan’s right to estab- accountability, and propriety of Tai- lish diplomatic links with other coun- wan’s assistance, and the repercus- tries. A regional academic from the sions for good economic governance University of the South Pacific also and prudent financial management. commented that New Zealand was as Many believe that the more liberal guilty of ideological bribery as China the donor assistance is, the more and Taiwan. These comments came opportunity there is for the recipient in response to former New Zealand country to become corrupt in the use Minister of Foreign Affairs Phil Goff’s of aid donations. It is important that criticisms of the Taiwan president’s Taiwan (as well as China) appreciates tour, saying that checkbook diplo- the need for donor harmonization macy employed by both China and and coordination, transparency, and Taiwan undermines work to address accountability, and that it provides serious issues such as poverty. While funding assistance in line with the the majority of the countries of the government’s stated strategic objec- world follow the One-China policy, tives and priorities. Tuvalu, like other Pacific states, main- Public suspicions of misuse of tains its prerogative to establish links funds loomed large after allegations with any country it chooses. surfaced in an Internet chat room President Chen Shui-bian was popular with Tuvaluans that a former accorded a traditional welcome on Telecom supervisor had misused com- his arrival at the Funafuti Inter- pany funds by investing them in real national Airport. As he and his estate in Wainuioumata, Wellington, entourage descended from the small New Zealand. Investigations are now plane, a group of primary school being carried out by the Tuvalu Trust children serenaded the president with Fund Advisory Committee, as well as Taiwanese songs. They sang: “Tai- by the police. wan’s scenery is really beautiful. Meanwhile, disgruntled members Taiwanese friends are really cute. of the Tuvalu Chamber of Commerce Taiwanese A-bian [Chen’s nickname] and their supporters marched to Par- is really brave. Taiwan, Taiwan, go liament House in Funafuti on 7 April go go. A-bian, A-bian, go go go.” 2006, the final day of the session. Taiwan is probably the second They were angry that Minister of largest donor to Tuvalu after the Finance Bikeni Paeniu was withhold- European Union, and has come to ing an aid package of us$400,000 Tuvalu’s financial assistance in a designated for the private sector. The 286 the contemporary pacific • 19:1 (2007) marchers wanted Parliament to direct efforts to crown a new Lavelua (para- the minister to have those funds paid mount chief, or king, of Wallis), directly to small businesses through thereby allowing Lavelua Tomasi the Development Bank. The marchers Kulimoetoke to regain his throne. Pro- held placards and signs saying to the cedures for dismissing a Lavelua do minister, “Give us our money, exist, but they have always involved, $400,000. Do not speak about God to a greater or lesser extent, both dis- for you are a liar” (my translation). cussion among the families with titles As a result of this protest, the minister and the use of violence. This is the reluctantly released a$100,000 to the first time in the history of Wallis that Development Bank to provide busi- a Lavelua has held the title continu- nesspeople with loans. It was a ges- ously for 46 years. The average length ture intended to ensure silence. The of reign from 1869–1959 was 5.6 Chamber of Commerce members years. were far from happy, as they saw no This exceptional longevity is pri- reason why the minister should with- marily due to the political adroitness hold any portion of the funds. of the current Lavelua, who has been For some, the future of Tuvalu able to keep his throne despite the looks bleak. Many hearken back to existence of other candidates from the days when Tuvalu was able to various royal families, and has also secure its independence, repeal its first been able to maintain the important constitution drafted by the colonial role of customary law while adminis- office in London, produce a new con- trative and political power increased. stitution more relevant to its needs His longevity has also been favored and changing conditions, and estab- by higher-level administrators, who lish a trust fund that became a model would like to see a strong power for other small nations. emerge. Members of the Lavelua’s tauaasa taafaki close family, the people actually run- ning the Grande Chefferie (the custom- ary government), have also encour- This review covers a two-year aged his continuation in office, as the period from mid-2004 to mid-2006. eighty-six-year-old Lavelua has not It benefited enormously from the expressed himself in public for several comments of an external reviewer years. It would seem that the Kulimoe- who remains anonymous. However, toke family cannot imagine the idea the views expressed here are my own of abandoning all the material advan- and any errors or omissions are tages associated with ruling, even entirely my responsibility. though the position has never been hereditary (Angleviel 2005, 2006). During a television news broadcast on rfo-Wallis on 14 June 2005, the Wallis and Futuna Lavelua’s prime minister called for a The “non-event” of the year was the demonstration of support for the for- follow-up to the customary law crisis, mer Grande Chefferie in front of the as reformers have decided to abandon royal palace. One hundred fifty peo- political reviews • polynesia 287 ple showed up the next day and went two Faipule (head district chiefs), to the fale fono (meeting house) at Mikaele Halagahu and Pelenato Mata Utu, Wallis’s main center, to Sione. At the press conference they prevent the swearing in of three mem- announced that a new Lavelua recog- bers of the new customary govern- nized by the prefecture would be ment advisory board (fau). A former crowned on 25 September. The new customary law minister, Sanele Tau- ruler they designated was Ahu Hiasi- vale (of the ) was seri- nito, former Faipule of the district of ously injured during the incidents that Hihifo. followed. The ceremony was post- On 25 September, despite the pres- poned until the afternoon, and Clovis ence of nearly one hundred twenty Logologofalau was crowned as the policemen, the old king’s loyal sup- new Kivalu (prime minister) in the porters put roadblocks in place, and presence of the bishop and Senator some of the demonstrators had long- Robert Laufoaulu. On 17 June, the distance weapons and sticks of dyna- reformers crowned a new Kulitea mite. The former Lavelua’s supporters (minister of justice and culture) while also occupied Hihifo International the king’s supporters (in Sagato Airport. The ceremony was post- Soane) installed another Kulitea. The poned again and the government sent same day, during the television news, a mediator over from Nouméa. On Gaston Lutui, one of the leaders of 26 September, New Caledonia Secre- the Wallisian department, criticized tary-General Louis Le Franc agreed the prefect (Wallis and Futuna High to the main demands made by the Commissioner Christian Job) for former Chefferie, which regained its diverting the pay from the Lavelua’s legitimacy, authority, and allocations. customary government to the reform- The local newspaper Les Nouvelles ers’ ministers, and demanded Job’s Calédoniennes observed that “the resignation. On 20 June the prefect show of strength that has been going announced a one-month suspension on since last Thursday obviously for Lutui. Lutui then told the prefect, worked for the conservatives, while “You are going to tremble.” Tension the reformers, armed only with pens, grew over the following weeks seemed isolated and weaker yester- between the supporters of the former day” (LNC, 27 Sept 2005). The second Chefferie and those supporting phase of the crisis was therefore an change. unexpected return to the initial situa- The reformers, feeling that rfo- tion following a political decision Wallis was clearly leaning in favor of made by the government. the former Grande Chefferie and that At the same time, most of the cus- the large Wallisian community in New tomary law delegates representing Caledonia had been misinformed, Wallisian customary law in New went to Nouméa for a press confer- Caledonia took the side of the former ence on 9 September 2005. The dele- Lavelua. They went to Wallis as a gation included, among others, Clovis delegation around mid-September to Logologofolau (the new Kivalu), the confirm their loyalty to Tomasi Kuli- Kulitea Nivaleto Pooï Taputai, and moetoke. The head of this delegation, 288 the contemporary pacific • 19:1 (2007)

Aloisio Sako, designated Faipule for community and sowed discord Hihifo and president of the indepen- between the families” (LNC, 23 Sept dent political party called Rassemble- 2005). ment Démocratique Océanien, On 6 October, the reform Kivalu declared that the rumors circulating sent a letter to the president of France about the Lavelua having pro-inde- saying that a “small number of the pendence ideas were false and that the current Lavelua’s supporters, thirsting real problem was that the office of the for power and over-armed, had been Lavelua was the depository for prop- terrorizing the Wallisian population erty taxes. of which a majority of the expatriate On 22 September, there was a families were subject to xenophobic demonstration in Nouméa on the attitudes on a daily basis.” request of the designated leaders, On 10 October, reformer Sosefo gathering six hundred Wallisians in Tagatamagoni was speaking with support of the former Lavelua, as other young people in the village of they believed that the government Vaitupu when Casimilio, a supporter wanted to change the 1961 statute by of the Lavelua on his way home from putting the reformers in power. The a party, took him aside. The young conservatives consider this statute to reformer had his back to Casimilio be the “most advantageous out of all when he received the first saber blow the French overseas territories guaran- and was lying on the ground when a teeing free health care, free medicine, second blow struck his head. The no taxes, etc” (LNC, 22 Sept 2005). young man died the next day and The prefect immediately published a his family refused the customary law declaration indicating that no project pardon, demanding that this criminal was currently under consideration to matter be judged by Western law. reform the statute. Because of the unstable situation in A committee was set up in Nouméa Wallis, the accused was then trans- on 6 September under the leadership ferred to New Caledonia where he of Sosefo Polelei to discuss and pro- will appear before the court in vide information on traditional cus- Nouméa. toms. The people under him refused Following this death, several to get involved in the debate, feeling reformers chose to exile themselves that they needed to clarify the situa- voluntarily to New Caledonia. tion in terms of customary law regula- Reform Kivalu Clovis Logologofolau tions as well as define the relationship stated on 17 October that “the pre- between customary law and republi- fect of Wallis just told me again that can law. Then there is the Fa‘u Fenua he wasn’t able to ensure my safety in Association (“Build Our Country”), my own country . . . the Government which believes that this is a domestic took a step back to avoid carnage, ok. issue for Wallis. This group of young However this continuing attitude is intellectuals further believes that the the same as not providing assistance customary law leaders who organized to people in danger.” the demonstration before going to This marked the beginning of the Wallis to support the former Lavelua’s third phase of the crisis, and no one party “sparked the rivalries in the knows whether the situation will political reviews • polynesia 289 continue to deteriorate, or if those Victor Brial. They met with the min- supporting dismissal of the current ister of foreign affairs and French Lavelua are just going to wait for his President Jacques Chirac. The kings death. Whatever happens, this cus- requested more autonomy in their tomary law crisis has had a clearly relationship with Wallis, which was negative effect on how Wallisians granted because each kingdom will (and Futunians) perceive the custom- soon have its own sub-prefect and ary government and the government general administration. Both kings of France. were given a royal kava ceremony On the political front, the French when they stopped in Nouméa—the government appointed former Terri- king of Sigave (Visesio Moeliku) on torial Assembly President Patalione 11 March, and the king of Alo (Soane Kanimoa (of the Union pour un Patita Maituku) on 12 March. In Mouvement Populaire [ump]) to terms of gifts (katoaga), they received the position of economic and social more than fifty pigs. adviser. In February 2005 the Territo- In other news, a teacher from rial Assembly presidency had changed France was attacked on 22 June 2006 from ump to an alliance between the by a hitchhiker, who first punched Union Pour la Democratie Française her and then hit her with a hammer. (udf) and local leftists. The new She managed to escape and run to a assembly president, Albert (Apeleto) police station. The person guilty of Likuvalu, is a history professor. this sinister sexual attack was trans- On the cultural front, Saatula, the ferred to the New Caledonian Peni- customary law minister from Malae tentiary. (Alo, Futuna) has been designated There is still a very large Wallisian president of the International Board and Futunian community in New of Folklore Festivals and Traditional Caledonia, making up 10 percent of Art Organizations for the South the population there. Each year a tra- Pacific. On 14 July, the French war- ditional dance competition is orga- ship Jacques Cartier was present in nized on 14 July, which is both French Wallis to participate in Bastille Day independence day and the anniversary events. Five sailors, including two of the 1961 establishment of overseas Wallisians, received medals for territory status for Wallis and Futuna. national defense after a mass cele- The Wallisian and Futunian youth brated by the bishop of the archi- organization gathers over forty dance pelago. groups and more than six thousand Relations between Futuna and the visitors attend the event. rest of the world are still difficult, as The victims of Ave Maria continue usual. In mid-February the Jacques to demand compensation for their Cartier went to Futuna to cover the expulsion from Saint-Louis between absence of the twin otter air service 2001 and 2003. Out of the 171 fami- for three weeks due to bad weather. lies expelled, 49 are still waiting for The beginning of the school term was the possibility of buying a home. On postponed for a week. Both kings of 17 December 2005, the Southern Futuna went to Paris between 13 and Province of New Caledonia gave five 19 March, accompanied by Deputy million Pacific francs to each of the 290 the contemporary pacific • 19:1 (2007)

171 families concerned. The president the team Stade Calédonien (rugby) of the association for Saint-Louis and and is former captain of the territorial Ave Maria victims expressed the view cadet team, began studying at Lindis- that “we absolutely have to avoid farne College in Hasting (New Zea- regrouping everyone by community. land) in February 2005. Two other We live in a multi-ethnic country and Caledonians joined him in February we mustn’t recreate a new Ave Maria” 2006, Wallisian Claude Ikauno and (LNC, 13 July 2006). European Florian Attenoux. On 14 September 2005, eighty-five- frédéric angleviel year-old Pere Sagato Iau, chaplain for the Wallisian and Futunian commu- nity, was made a knight in the Legion References of Honor. On 10 December, Cyprien Angleviel, Frédéric. 2005. La crise coutu- Setiano, a Futunian born in Koné, was mière de Wallis: mise au point technique. ordained a priest by the archbishop of Les Infos 156 (30 Sept):3 New Caledonia in the Cathedral of Nouméa. He has been assigned to the ———. 2006. La coutume et l’Etat à Wallis et Futuna ou la perpétuation d’un Bon-Pasteur parish in Vallee-du-Tir mariage de raison. In Figures de l’Etat (Nouméa). dans le Pacifique, edited by Paul de Deck- In science, a research group from ker, 49–66. Paris: L’Harmattan. the University of New Caledonia studied the “Dynamics of sea cucum- Chronologie des événements liés à la crise, Nouméa, 8 Sept 2005. Reformist organiz- ber (Holothuria) populations” in July ers’ press conference handout, 9 Sept 2005. 2005. In sports, the new Wallis Hihifo Golf Association course, currently Conférence de presse de la mission de la offering nine holes, received the spon- chefferie des rénovateurs, press conference handout, 9 Sept 2005. sorship of the Dumbea City Golf Association on 19 July 2005. Wallisian LNC, Les Nouvelles Calédoniennes. Daily. Laurent Simutoga, who plays post for Nouméa.