Political Reviews

Micronesia in Review: Issues and Events, 1 July 2014 to 30 June 2015 michael bevacqua, monica c labriola, kelly g marsh, clement yow mulalap, tyrone j taitano

Polynesia in Review: Issues and Events, 1 July 2014 to 30 June 2015 mary tuti baker, lorenz gonschor, margaret mutu, christina newport, forrest wade young

The Contemporary Pacic, Volume 28, Number 1, 171–244 © 2016 by University of Hawai‘i Press

171 Polynesia in Review: Issues and Events, 1 July 2014 to 30 June 2015

Reviews of American Sāmoa, Niue, year. In order to form a government, a Sāmoa, Tokelau, Tonga, Tuvalu, and political party needs 12 of the 24 par- Wallis and Futuna are not included in liamentary seats. The general election this issue. saw fifty-four candidates, including seven women, contest the twenty-four constituencies. The preliminary results On the eve of celebrating half a cen- had the Democratic Party ahead with tury of constitutional self-governing in 11 seats, the with the Cook Islands, the period in review 10 seats, and the One Cook Islands was dominated by the aftermath of Party with 2 seats. The seat the July 2014 general election. This of the island of Mangaia was tied. included nine court petitions, two Counting of special and postal by-elections, and one defection. The votes saw the final results swing to results saw the Cook Islands Party give the Cook Islands Party 13 seats. return to power with a one-seat major- The Democratic Party losses included ity to lead the country for the remain- the defeat of their leader, Wilkie Ras- der of the four-year parliamentary mussen from the island of . term. Public voices were raised and The Island seat was also tied. rallied during the year under review. A Of course, matters did not end key area of concern included marine there, with nine petitions lodged in resource management and purse-seine court. Three petitions were with- fishing. Along with preparations for drawn, with the remaining heard by the celebrations of fifty years of inde- the court. Petition dismissals saw pendence, the relationship of the Cook and first-timer Rose Islands with came under Toki Brown survive petitions alleging scrutiny. Eyebrows were raised over bribery. They took up office as Cook the Cook Islands’ interest in pursuing Islands Party representatives for the (UN) membership. Island of Atiu (cin, 18 Sept 2014). The The portability of the New Zealand petition concerning the seat Superannuation for Cook Islander held by Prime Minister residents in New Zealand also stirred was also dismissed following claims interest. Both of the latter issues of bribery and unqualified voters highlighted the fact that the Cook (cin, 10 Sept 2015). The Tamarua seat Islands can certainly be heard but not petition based on voter ineligibility necessarily heeded in the domestic was proved. This enabled the seat to and international policy spaces of its be secured by as the sovereign partner and colonial master, third female Member of Parliament New Zealand. for the Democratic Party, following a Electoral uncertainty pervaded the recount.

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By this stage of the proceedings, Party candidate Kete Ioane. In the Finance Minister Mark Brown called midst of his campaign for the Vaipae- for electoral reforms, as a number of Tautu by-election, Ioane, age sixty- petitions were based on voter ineligi- four, died in New Zealand following bility. He advocated the “establish- a short illness. He was known as a ment of a fulltime electoral office and quiet achiever and humble man whose chief registrar” (Pacific Scoop, 28 Sept organizational skills brought many 2014). By October 2014, the Cook projects to fruition. He was consid- Islands Party held a one-seat majority ered a man of the people and for the as it awaited the outcome of the court people. His career as a Member of action to decide on the Mitiaro draw Parliament began in 1999. His port­ and a Vaipae-Tautu petition. folios included Environment, National The tied Mitiaro result of 50 votes Heritage, House of Ariki, Parliamen- each saw the Democratic Party first tary ­Services, and the Outer Islands lodging in court a petition claiming (cin, 16 Feb 2015). bribery and treating in the run-up to As many mourned Ioane’s passing, the election and then withdrawing the a new date for the by-election was set petition. In November, this late with- for 31 March 2015. Previously the drawal was successfully appealed by Democratic Party–One Cook Islands the Cook Islands Party. On hearing the Party coalition had matter, Chief Justice Thomas Weston acting as Ioane’s campaign manager. deemed one voter ineligible. The However, instead of supporting Kete subsequent recount saw long-­serving Ioane’s replacement, the One Cook Democratic Party member Tangata Islands Party named retired school Vavia receive 50 votes, just ahead of principal Amiria Davey as its candi- Tuakeu Tangatapoto’s 49 votes. In date. Davey had originally been in December, High Court Judge Hugh the running to be the new Democratic Williams dismissed the Cook Islands Party candidate (cin, 4 March 2015). Party challenge over the eligibility of In honor of her husband, Teinakore three voters, thereby upholding the Ioane was named the Democratic recent recount results. Not content Party candidate to stand against Davey to let this result lie, the Cook Islands and the Cook Islands Party candidate, Party unsuccessfully took the mat- Mona Ioane. This inclusion of a third ter to the Court of Appeal in New candidate gave an inkling that all was Zealand, as one voter had chosen to not well in the Democratic Party camp leave Mitiaro for medical reasons (cin, or in its coalition with the One Cook 18 Feb 2015). Once all petitions had Islands Party. been heard in December, the Cook Unfortunately the Democratic Party Islands Party had 11 seats, the Demo- suffered yet another loss. Despite his cratic Party had 10, One Cook Islands win as a Democratic Party candidate Party had 2 seats, and a by-election for the Avatiu-Ruatonga-Palmerston was ordered for the electorate electorate, first time Member of Par- of Vaipae-Tautu. liament Albert Nicholas then crossed Sadly, February 2015 saw the the floor to join the Cook Islands ­unexpected passing of Democratic Party. This one seat shift took the 206 the contemporary pacific • 28:1 (2016)

Cook Islands Party numbers from 11 general election, former policeman to 12, giving it enough to form a gov- and lawyer Mona Ioane was accused ernment. Enticed by a seat in cabinet, of bribery in December 2014. The Nicholas now held portfolios includ- matter was referred to the police com- ing Internal Affairs, Ombudsman, missioner for investigation, and the Youth and Sports, and the govern- election result was declared void. At ment-managed marketplace in Avatiu, the time, Ioane had been appointed the Punanga Nui. as the cabinet minister for Educa- Nicholas’s party hop had been two tion, Justice, and Marine Resources; months in the planning. He considered however, Prime Minister Puna consid- this move as representing a coalition ered it improper to bestow a cabinet between his constituency commit- seat on Ioane while the case was under tee, the Cook Islands Party, and the police investigation (cin, 27 April people of his constituency. In addition 2015). By the end of the period under to being an arrangement that would review, no charges had been laid. If benefit the constituency, he believed charged and then found guilty, Ioane that he was “doing this in the hope would have to vacate his seat and a that it gives political certainty to our by-election would have to be held. country” (cin, 25 March 2015). This A second police investigation of sentiment was shared by Prime Min- a political leader also remains unre- ister Puna. Of course this was not the solved. The corruption investigation view of the Democratic Party, which of Aitutaki Member of Parliament condemned Nicholas for his actions. Teina Bishop continues to linger Under the anti–party hopping provi- into its second year. Since July 2013, sion of the 2004 Electoral Act, Mem- investigators have continued to look bers of Parliament who switch parties into allegations of bribery and cor- cannot vote on matters of appro- ruption leveled against Bishop when priation or confidence in the prime he was minister of Marine Resources. minister. This effectively means that if Included in the investigation are Nicholas votes to support the govern- his relations with Huanan Fishery ment on such matters, his seat can be (Cook Islands) Company, a subsidiary declared vacant, forcing yet another of Luen Thai Fishing Venture. No by-election (cin, 16 March 2015). charges have been filed in connection However, no such opportunities with the long-running investigation, arose. Days after Nicholas’s move, the and Bishop has frequently expressed Aitutaki by-election saw Cook Islands his exasperation at the delays in Party candidate Mona Ioane voted bringing the matter to a close (cin, back in. The remaining votes were 16 March 2015). As with Ioane, if he split between Davey and Teinakore is charged and then found guilty, he Ioane. The win gave the Cook Islands will also have to vacate his seat and Party a thirteen-seat majority and the another by-election must be held. ability to govern unencumbered. Overall, the results have shown that Despite the win, all is not settled all has not gone well for the Demo- for the troubled seat of Vaipae-Tautu. cratic Party, despite its retaining the After initially winning the seat in the confidence of the majority of Cook political reviews • polynesia 207

Islands voters. In departing from his ernment and its development partners seat and role as party leader, Wilkie to consider the country’s progress and Rasmussen called for a new gover- commitments to the country’ develop- nance model that better suits our type ment agenda. This included making of small island state, like the democ- “island sense” of development with racy in Jersey, United Kingdom, where increased use of national systems in members are independent with no addressing the ongoing challenges of political parties, the queen is head of depopulation, a fragile environment, state, and the government is split with and limited economic base. Also dur- 12 senators, 12 constables, and 29 ing February, the University of the deputies. Rightsizing Parliament with South Pacific and the Office of the seats based on quality and merit rather Prime Minister convened a series of than quantity was also advanced (cin, climate-change fora aimed at building 24 Jan 2015). With William “Smiley” awareness about its potential impacts. Heather appointed as the Democratic Well supported by local individuals Party leader and rookie and organizations, the fora drew on Member of Parliament Tama Tuavera the substantial knowledge and experi- named deputy leader, there has been ence of Cook Islands experts. no indication that such a transforma- During the year, government atten- tion has found favor with the new- tion continued to focus on climate look party or with the Cook Islands finance as a potential resource for the Party as it gets on with serving out Cook Islands development agenda. the remainder of its four-year term in Over the medium term, the Cook power. Islands as a middle-income country Besides electoral politics, the year will no longer be eligible for develop- under review also saw attention ment assistance from the Organisation focused on the fiftieth anniversary of of Economic Cooperation and Devel- independence. All kinds of events have opment. Officials have set their sights been planned for a year of consti- on accessing potential climate finance tutional celebrations. A New Year’s through global funds such as the Day music festival was already held Adaptation Fund and the new Global but much is centered on the annual Climate Fund with us$10 billion in constitutional anniversary, to be held pledges. Globally, the Adaptation on 4 August 2015. This will include Fund has over us$265 million dollars the participation of each island at allocated for forty-four countries to national cultural and sporting events increase climate resilience. However, as well as commemorative services to of the seventeen national implement- be attended by local and international ing agencies already accredited, none supporters of the country. are from the Pacific. In order to be The annual Development Partners accredited, the Cook Islands Ministry meeting held in February 2015 and of Finance and Economic Manage- themed “Journey to Development” ment made an application to the was attended by a number of interna- Adaptation Fund board to become tional partners. The weeklong meeting a National Implementing Entity. provided an opportunity for the gov- According to ministry official Lavinia 208 the contemporary pacific • 28:1 (2016)

Tama, if successful, the Cook Islands The nature of Cook Islands sover- will be able to move funds directly eignty was also highlighted this year into government systems. This will in its ability to present its views on do away with the middleman and the New Zealand domestic policy issues ticket clipping that currently happens that cross international borders. One with funds managed by third-party such issue was the eligibility and organizations (cin, 15 Dec 2014). portability of superannuation pay- The Cook Islands–style sovereignty ments from Cook Islanders back of free association with New Zealand to the Cook Islands on their retire- also came into focus this year. While ment. Prime Minister Puna presented it was reported that the New Zealand the Cook Islands case to the Social government was not looking to change Services Select Committee on the the existing relationship, media claims Social Assistance bill. Currently Cook surfaced that the Cook Islands “was Islanders are required to live in New pushing for independence from New Zealand for five years after the age Zealand at the cost of losing New of fifty to be qualifying residents for Zealand citizenship” (cin, 10 June Superannuation. The Cook Islands, 2015). However, it would seem that along with Niue, sought the removal the interest was actually in obtaining of this requirement. The Cook Islands a seat as a member state of the United submitted that an amendment would Nations, without necessarily losing enable the earlier return of Cook New Zealand citizenship. Islanders as well as prevent the Over the last fifty years, the Cook negative impacts experienced by some Islands has shown its ability to act like Cook Islanders having to return to an independent state. It has estab- New Zealand to qualify. lished diplomatic relations with forty- Noting the issue of depopulation three states and is a member of over (Cook Islands Government 2011), forty-two organizations, including high levels of human mobility, and the United Nations specialized agencies. It changing demographics of the Cook has also signed more than two hun- Islands population, such a submission dred multilateral and bilateral treaties can be seen as addressing ­ongoing (Cook Islands Ministry of Foreign challenges associated with the econo- Affairs and Immigration 2015). UN mies of “large ocean-states” (Stone membership was considered by the 2012). Furthermore, the Cook Islands prime minister’s chief advisor, Trevor submission highlighted the Cook Pitt, to be a natural progression for a Islands’ place in the “realm” of New maturing country and to have more Zealand (whereby the Cook Islands, to do with diplomatic competency to with its agreement with New Zealand, participate in international affairs than shares the queen of the British Com- with obtaining aid (cin, 30 June 2015; monwealth as head of state) and the Stuff, 31 May 2015). The current existing principle whereby foreigners government, like previous ones, has are able to qualify for New Zealand yet to apply for UN membership, so citizenship by maintaining five years’ the Cook Islands’ eligibility remains residency in the Cook Islands. As unresolved (Igarashi 2001). such, this principle could be applied political reviews • polynesia 209 to the New Zealand Superannuation seining campaign saw a petition initi- with the five-year requirement also ated. Four thousand signatures were fulfilling the qualifying requirements collected from across the country. As (cin, 23 Feb 2015). The Cook Islands a first for Te Ipukarea Society, the call to amend the social assistance bill petition has gained a lot of support, gained support from New Zealand although this was not the case on the Parliamentarians such as Winston island of Aitutaki. The Island Council Peters and Cook Islands descendant there would not allow the petition Poto Williams, Labour Member of to be placed in major stores on the Parliament for Christchurch East (cin, island, thereby limiting opportuni- 2 May 2015). In the end, the New ties; and only 20 percent of the voting Zealand Parliament passed the bill public’s signatures were gathered without the changes. (cin, 9 June 2015). The petition was Civic actions were stirred with presented to Parliament during the public opposition to the issue of June 2015 sitting, which was the first overfishing. Purse-seine fishing and since October 2014 when Parliament fish-aggregation devices are believed passed the budget. Democratic Party to have resulted in the reduced access Member of Parliament for to fish stocks for subsistence fish- undertook to table the ers and game-charter fisheries (cin, petition and ensure that the concerns 16 April 2015). In April 2015, more of the campaign were dealt with in than one hundred protestors took to Parliament. the main street of Avarua, Rarotonga, The long-awaited family law calling for a total ban on purse-seine reforms took one step closer to fishing in Cook Islands waters. In becoming reality. The Family Law Bill May, a long-awaited meeting was held has inched through the lawmaking with the prime minister and Secretary processes with its second hearing. A of the Ministry of Marine Resources select committee chaired by Member Ben Ponia and representatives of Te of Parliament Mona Ioane has been Ipukarea Society (tis). In representing established. The legislation intends the environmental group leading the to modernize laws related to divorce, lobby for fishery reforms, tis Presi- child support, parenting arrangements, dent Ian Karika and technical direc- domestic violence, and the care and tor Kelvin Passfield were able to put protection of children (cin, 29 June their side of the debate to the prime 2015). However, its progress is seen as minister. However, any possibility of frustratingly slow by those who tire- a ban must contend with Secretary lessly advocate against family violence Ponia’s view that “we are dealing with and provide support to victims of a regional fishery and if we wish for it domestic violence (cin, 29 May 2015). to be managed responsibly, our chal- Let’s hope the public outcries afforded lenge is to engage with industry and political, economic, and environmen- other Pacific Islands and not simply tal concerns can be equally invoked disengage and demonise fishing” (cin, when it comes time to make public 27 April 2015). submissions to the select committee. Further action in the anti–purse- Overall, the Cook Islands has 210 the contemporary pacific • 28:1 (2016)

­managed to get through its election- Scoop, 28 September. http://pacific.scoop year controversies despite two by-elec- .co.nz/2014/09/minister-calls-for-electoral tions still possibly in the cards. With -changes-after-cook-islands-turmoil/ the fifty-year sovereignty celebrations [accessed 9 June 2015] now underway, it is likely that further political disruptions will be pushed to the backburner until all celebrations French Polynesia have been completed. christina newport Politics in French Polynesia during the year under review was dominated by a profound leadership struggle between References veteran politician Gaston Flosse, who lost his position as president of the cin, Cook Islands News. Rarotonga. Daily. country, and his successor and former son-in-law Edouard Fritch, who suc- Cook Islands Government. 2011. National Sustainable Development Plan, 2011– cessfully freed himself from his former 2015: The Cook Islands, Te Kaveinga Nui. mentor’s overbearing influence. Yet it Rarotonga: Office of the Prime Minister. came at the price of breaking up the solid majority arising from the 2013 Cook Islands Ministry of Foreign Affairs election and throwing the country into and Immigration. 2015. The Cook Islands and Free Association: Understanding the a new period of political instability. Nature and Practice of the Special Rela- It all started in July 2014, when the tionship with New Zealand. http://www French justice system finally started .mfai.gov.ck/attachments/article/233/ catching up with Flosse’s various cases Summary%20Sheet%20NZ%20and% of corruption after decades of ineffec- 20CKI.pdf [accessed 10 Aug 2015] tive handling. On 23 July, the Paris Igarashi, Masahiro. 2001. Associated Court of Cassation, a court that exam- Statehood in International Law. Boston: ines prior cases for procedural errors, Kluwer Law International. confirmed a previous criminal convic- tion that Flosse had first appealed, to Small, Vernon, and Simon Day. 2015. Cook Islands Push for Independence from no avail, and then re-appealed. While NZ. Stuff, 31 May. http://www.stuff.co the court suspended Flosse’s jail sen- .nz/world/south-pacific/68986939/cook tence, it confirmed a fine of 125,000 -islands-push-for-independence-from-nz euros (us$138,000) as well as a depri- [accessed 5 June 2015] vation of his civil rights. The president Stone, Gregory. 2012. Opinion: Pacific was thus legally barred from voting or Nations Lead Sea-Change in Ocean Con- serving in an elected office for a period servation. cnn, 3 September. http://www of three years (ti, 23 July 2014). .cnn.com/2012/09/03/opinion/eco The substance of the charges was -solutions-pacific-ocean-opinion the so-called fictional employment [accessed 6 Nov 2015] affair, going back to the late 1990s Underbjerg, Lasse. 2014. Minister Calls and early 2000s, when various politi- for Electoral Changes after Cook Islands cians and trade union leaders had Turmoil. Interview with Cook Islands been given paid jobs at the presidential Finance Minister Mark Brown. Pacific office without ever working there, a