Political Reviews

The Region in Review: International Issues and Events, 2011 nic maclellan

Melanesia in Review: Issues and Events, 2011 david chappell, jon fraenkel, gordon leua nanau, howard van trease, muridan s widjojo

359 Melanesia in Review: Issues and Events, 2011

Review of Papua New Guinea not top-level schisms. Two of the most included in this issue. senior officers in the Republic of Fiji Military Forces—Land Forces Com- Fiji mander Brigadier General Pita Driti The year 2011 was the first since the and Third Battalion, Fiji Infantry December 2006 coup to occur with- Regiment Commander Roko Tevita out a major political crisis in Fiji. In Uluilakeba Mara—had been, without every previous year, the regime faced official explanation, told to use up stiff tests that potentially threatened outstanding leave in October 2010. its very survival: public sector strikes In February 2011, they were replaced in 2007, the rupture with Mahendra in their substantive positions, respec- Chaudhry’s Fiji Labour Party in 2008, tively, by Colonel Mosese Tikoitoga a ruling on the unconstitutionality of and Lieutenant Colonel Jone Logavatu the government followed by the abro- Kalouniwai. Tevita Mara, the young- gation of the constitution in 2009, est son of the late Ratu Sir Kamisese and schisms among the military top Mara, Fiji’s former president, had command in late 2010. By contrast, until 2008 been a strong backer of 2011 passed without major domestic the 2006 coup and a loyal ally of challenges, although harassment of Bainimarama. He was the officer trade unionists, the Essential National who urged the military’s case at Fiji’s Industries (Employment) Decree Great Council of Chiefs at the time 2011, and cuts in pensions encour- of the December 2006 coup, and aged a significant reconfiguration and he later carried out a mini-coup to internationalization of the opposition. secure for himself chairmanship of Fueled by the silencing of domestic the Lau Provincial Council. In 2010, critics, the foreign sympathizers of the he had been overheard denouncing Frank Bainimarama–led government the regime while overseas, in transit became more outspoken but care- through South Korea, and the matter fully couched their urging of overseas was reported back to Bainimarama. “reengagement” as a sensible strategy Mara and Driti were brought before for protecting Australia’s sphere of the Suva Magistrates Court in May influence from Chinese encroachment. 2011 on charges of sedition and incite- By the end of the year, the Fiji interim ment to mutiny, but they were released government had hired Washington on bail. Coming close on the heels of dc–based spin-doctoring firm Qorvis the November 2010 resignation of to bombard the world’s media with Defence Minister Ratu Epeli Ganilau, positive news stories about Fiji. Ratu Sir Kamisese Mara’s son-in-law, The fifth year since the 2006 the new dismissals signaled a broader coup initially commenced, as 2010 breach with a once-powerful dynasty. had finished, with more signs of Yet the president, Ratu Epeli Naila-

377 378 the contemporary pacific • 24:2 (2012) tikau—who like Ganilau is married tion were subtler. Economist Wadan to one of Ratu Mara’s daughters— Narsey, one of the few coup opponents remained at his post. Rumors spread to continue to publicly denounce the of an impending showdown, which regime, was terminated from his post even extended to draft presidential at the University of the South Pacific decrees dismissing the prime minister, after a government threat to withdraw circulated on the feverishly anti-Baini- funding to the regional institution marama weblogs. (rnzi, 19 Aug 2011). Repression Nailatikau’s predecessor as presi- drove protest underground. In August, dent, Tui Vuda Ratu Josefa Iloilo, the clandestine “Viti Revolutionary died in February, and was given a Forces” was scrawling anti-regime full state funeral in recognition of his graffiti across the capital and setting almost consistent willingness to follow fire to remote bus shelters. Later in the a script written for him by military year, villagers in Namosi openly pro- officers. Traditional presentations tested against the planned Newcrest (i-reguregu) honoring Ratu Iloilo at mining project, but with placards cau- Vuda were made by both Bainima- tiously indicating that the message was rama and his senior military officers “pro-government” but “anti-mining” as well as by their arch-adversary, (PNG Mine Watch 2012). Tui Cakau Ratu Naiqama Lalaba- The Methodist Church had been lavu, whose family is closely tied to prohibited from holding its annual that of Ratu Josefa (FijiLive, 15 Feb meeting in 2009 and 2010, but in 2011). This was one of many events, 2011 the conference was scheduled to as required by protocol in Fiji soci- go ahead in August. Military spokes- ety, during which fierce opponents man Lieutenant Colonel Neumi came together in ceremonial contexts, Leweni insisted that church lead- despite the bitterness occasioned by ers take the opportunity to address the 2006 coup and its aftermath. “anomalies within its hierarchy” (Fiji Bainimarama’s indigenous oppo- Times, 12 Aug 2011). Despite harass- nents were less vociferous in 2011 ment by soldiers at the Queen Eliza- than in earlier years, but tensions beth Barracks, church leaders refused still festered just beneath the surface. to comply with demands that the In February and again in March, agenda for the conference include the international human rights watchdog removal of General Secretary Tui- Amnesty International reported that kilakila Waqairatu and President Ame “the human rights situation in Fiji is Tugaue. As a result, the three-day con- worsening,” pointing to a new spate vention was reduced to a single day of arbitrary detentions and beatings and the choir and soli (fund-raising) of trade unionists, politicians, and competition canceled. Land Forces youth activists (Amnesty Interna- Commander Mosese Tikoitoga said tional 2011). Sam Speight, brother at a press briefing that some ministers of 2000 coup leader George Speight, were “disrupting the forward move- was badly beaten for distributing a ment of the church” while others were video denouncing Bainimarama’s “working very hard to bridge this government. Other forms of intimida- gap” (Fiji Times, 24 Aug 2011). At political reviews • melanesia 379 the scaled-down gathering, Waqairatu (rnzi, 25 May 2011). Samoan Prime and Tugaue were reelected, signaling Minister Tuilaepa Sailele Malielegaoi that Bainimarama’s triumph was not said in jest that Commodore Baini- yet complete, despite all the carefully marama should be grateful to Tonga choreographed apologies for past for rescuing at sea his senior army resistance he was able to obtain across officer: “Perhaps that’s what happens rural Fiji. when their admiral spends all his time In May, Tevita Mara dramati- in politics leaving the navy headless” cally escaped from Fiji to Tonga. He (Malielegaoi 2011). Tuilaepa said claimed—unconvincingly but pre- it was all a “Togafiti,” a squabble sumably to protect the identities of between friends, fully understood those who had assisted—that he had only by those few who knew that been out fishing in waters off Kadavu in Samoan “Togafiti” also means a but had run into difficulties near the sneaky trick. island of Ono-i-Lau, where he had by Now possessing a Tongan passport, chance been picked up by a patrolling Mara traveled to Australia, allowed Tongan naval vessel. He was taken to to enter despite travel bans against the Tongan capital, Nuku‘alofa, and senior Fiji military officers because— placed under the protection of King according to Foreign Minister Kevin George Tupou V, a distant relative. Rudd—he had been “decommissioned From Nuku‘alofa, Mara denounced from the military and [had] disas- the “hateful dictatorship” in Fiji. He sociated himself from the regime” said that he had “believed in Bainima- (abc, 16 June 2011). In a series of rama, in what he was doing” until late speeches broadcast on the Internet, 2007, but that Attorney General Aiyaz Mara alleged rampant corruption in Sayed-Khaiyum was subsequently the coup-spawned government. He brought aboard the, until-then, power- claimed that Bainimarama and his ful military council and had subverted attorney general were surreptitiously the original heroic objectives of the paying themselves multiple salaries, coup (Matangi Tonga, 27 May 2011; one for each of their many ministerial The Age, 17 May 2011). The escape portfolios, through an accounting firm sparked a diplomatic spat between Fiji owned by Sayed-Khaiyum’s aunt Nur and Tonga over demands for the extra- Bano Ali, and that both were taking dition of Mara, potentially to be heard “kickbacks on their Asian infrastruc- before the new Tongan Chief Justice ture deals” (Mara 2011b). Mara also Michael Scott, himself ironically a blamed Bainimarama for personally fugitive from the coup-related fallout beating pro-democracy activists at the in the Fiji judiciary. The Mara epi- barracks (Mara 2011a), a claim at sode also renewed an ancient Tonga- least partially denied by some of those Fiji dispute over the Minerva Reefs, concerned, who insisted that Mara located close to the maritime border and Driti themselves had been key per- between the two nations. Tonga recon- petrators of human rights violations in structed a navigation beacon on the the aftermath of the 2006 coup. Mara reef, claiming that the earlier beacon was also cagey about key parts of his had been destroyed by the Fiji navy story, such as the composition of the 380 the contemporary pacific • 24:2 (2012) military council (abc Pacific Beat, 31 Contact Group was allowed to meet May 2011), generating doubts about freely with political parties, civil soci- the credibility of many of his state- ety, and church leaders (abc Pacific ments. Bainimarama retorted angrily, Beat, 14 Feb 2011)—something that calling Mara a “fugitive” and “politi- had been denied to Commonwealth cal opportunist” (FijiLive, 10 June and United Nations visiting missions. 2011). New Zealand Foreign Minister Kevin Rudd told tv New Zealand in Murray McCully said he had reports March that “Bainimarama is the one of growing tensions within the regime who must change here” (Islands Busi- (FijiLive, 26 May 2011; rnzi, 16 May ness, 28 March 2011). The Australian 2011). From Mara’s home on Lakeba, opposition foreign affairs spokesper- a letter was written forbidding Baini- son, Julie Bishop, took a contrary marama from ever again setting foot line, saying that the core issue was on the island (fbcl, 30 May 2011). to support electoral reform ahead of Yet, echoing a well-established pat- the scheduled 2014 polls (abc Pacific tern, the tensions soon blew over, Beat, 31 March 2011). McCully too and Bainimarama traveled to the was pragmatic and kept up mobile Lau islands to receive another cho- telephone communication with reographed traditional apology from Foreign Minister Kubuabola, hoping more pragmatic members of the Mara to use full Fiji participation in New clan (Fiji Times, 15 June 2011; fbcl, Zealand’s rugby world cup as a carrot 17 June 2011). to entice Bainimarama into accepting The diplomatic stalemate over Fiji early elections (New Zealand Herald, continued through 2011. In February, 29 March 2011). the Pacific Island Forum’s Ministerial The Fiji government’s response Contact Group (mcg) on Fiji met in was to work instead on cementing Vanuatu and “reaffirmed” its concerns ties with the Melanesian Spearhead about “the respect for democracy, Group (msg). In December 2010, good governance and the rule of Bainimarama took over as msg chair law” in Fiji and about the continued and, in March 2011, he hosted the extension of the public emergency organization’s annual summit. In regulations (mcg 2011). Fiji’s interim August, Melanesian leaders gathered Foreign Minister Ratu Inoke Kubua for Bainimarama’s second “Engaging bola invited the Ministerial Contact the Pacific” summit, again scheduled Group to visit Fiji to observe steps just ahead of the annual meeting of being taken toward democracy. His the Pacific Islands Forum (pif), from New Zealand counterpart, McCully, which Fiji remained suspended. Also welcomed the invitation as a “con- in attendance were some of Fiji’s structive and positive sign,” despite small Micronesian neighbors, who rejecting the Fiji government’s insis- are dependent on links to the outside tence on the delay of elections until world through Fiji’s Nadi airport. 2014. Australian Parliamentary Secre- Kiribati’s Anote Tong urged that tary for Pacific Island Affairs Richard Fiji’s suspension be lifted. Melane- Marles insisted that no visit to Fiji sian leaders called for pif Secretary- was possible unless the Ministerial General Tuiloma Neroni Slade to be political reviews • melanesia 381 replaced (Islands Business, 1 Sept American and Oceanian Affairs 2011). As it happened, the Auckland Deputy Director Zhou Jian had told pif summit did neither, with leaders the Americans that China valued instead expressing “their continu- Fiji as a “useful transition point and ing deep concern at the deteriorating for its proximity to important ship- human rights situation” (pif 2011). ping lanes.” Like the resource-rich Both inside and outside the region, African nations, Fiji was a “valuable attitudes toward Bainimarama varied destination for economic engagement markedly. Sāmoa’s Tuilaepa regularly but of marginal and possibly declin- abused Bainimarama in a jocular ing political utility.” Fiji’s culture, he fashion and in November held the first said, resembled China’s in its focus summit of a new Polynesian Leaders on “consensus-building” and because Group (Savali, 28 Nov 2011), aimed both were “not fit” for competi- at countering the Fiji government’s tive politics. Countering exaggerated Melanesian diplomacy. Some Austra- reports about a vast increase in lian commentators lionized Fiji’s coup Chinese assistance, Zhou Jian pointed leader as the “King of the Pacific” out that the big rise in Chinese assis- (Davis 2011), while others demonized tance dated from before the coup in him as “the incipient Colonel Gaddafi 2006 and said that “no new projects of the Pacific” (Hughes 2011). had been begun since” (US Govern- Bainimarama’s government also ment 2009). sought to build ties further afield. Another secret US cable exposed Embassies were set up in South Africa by WikiLeaks showed that the United and Brazil, and diplomatic links were States had at the time of the coup forged or strengthened with Georgia, strongly countered Australian pres- Russia, the United Arab Emirates, sure to halt recruitment of Fiji soldiers and the Non-Aligned Movement. on United Nations peacekeeping Soft loans from Beijing positioned missions and had even resisted call- Chinese companies for expansion into ing that takeover a “coup” due to infrastructure and mining projects, the “importance of Fiji to UN peace- particularly in manganese and bauxite. keeping operations in Baghdad and The China Railway First Group was elsewhere” (US Government 2006). In awarded contracts for road and bridge May 2011, Rudd announced a policy building around eastern Viti Levu switch, saying that Australia would (Xinhua News 2011). Xinfa Aurum no longer object to new Fiji troops Exploration (Fiji) obtained a license being deployed to Baghdad (abc to mine bauxite in Nawailevu in Bua Pacific Beat, 11 May 2011). Behind Province, with plans for a f$3.5 mil- the scenes, Australian travel sanctions lion jetty for export direct to China were gradually being eased and con- (Fiji Times, 6 Nov 2011). tacts with the ministries restored, sig- Release by WikiLeaks of a US cable naling a steady drift toward pragma- dating back to June 2009 revealed tism. In November, Rudd announced something about Chinese attitudes a doubling of bilateral aid to Fiji, toward Fiji. Chinese Ministry of from a$18 million to a$36 million Foreign Affairs Department of North in 2013–14 (Rudd 2011). Oddly, 382 the contemporary pacific • 24:2 (2012) these concessions were barely noticed organizations is to initially conduct by those urging an accommodation pilot surveys, so Tebbutt would have with Bainimarama. Australian think known the likely findings before carry- tanks had called for “re-engagement” ing out the poll. on the grounds that a policy switch Others criticized the poll on the would deliver significant concessions, grounds that the sample was too small but there was no sign of any recipro- and pointed to the urban bias, claim- cal movement from the Fiji interim ing that opposition to Bainimarama government during 2011. The think would have been stronger in rural Fiji tanks focused on bilateral Australia- (Narsey 2011). Yet, internationally, Fiji relations, as if this were the key approval ratings surveys are regu- driver of events, disregarding the larly conducted with similarly small domestic dynamics within Fiji. samples, and there was no good rea- At the Auckland pif meeting, the son to think that the opposition would Lowy Institute released an opinion be weaker in urban Fiji. There were poll conducted within Fiji by market stronger reasons for questioning the research firm Tebbutt Research and Tebbutt methodology. A Fiji Times– funded by Fiji-born businessman Tebbutt survey conducted in Febru- Mark Johnson (Hayward-Jones 2011). ary 2009 had asked respondents the This was based on interviews with open-ended question as to whom they 1,032 adults in urban areas of Fiji’s preferred as prime minister: 31 percent largest island, Viti Levu, in August had favored deposed Prime Minis- 2011. It found that Bainimarama ter Laisenia Qarase, and 27 percent had a 66 percent approval rating Bainimarama (see Fraenkel 2010). and was used to reinforce pressure The 2011 poll asked instead a highly both from the Lowy Institute and the loaded question: “How good a job anz Bank for a policy switch toward do you personally think Commodore Fiji. The poll was much criticized by Voreqe Bainimarama is doing as Prime civil society activists within Fiji, who Minister?” Not only was the full mili- pointed to the prevailing climate of tary title used, but the more normal fear and intimidation and asked how polling formulation would have been Tebbutt had gained permission to to ask “how good or bad” a job Baini- carry out its poll (abc Pacific Beat, marama was doing. That the survey 7 Sept 2011). Former Fiji Times editor designers were possibly aware of this Russell Hunter had been responsible unbalanced phrasing was suggested for commissioning occasional opin- by another question, which did use ion polls from Tebbutt Research until the positive and negative options: “Do he was deported by Bainimarama you think Fiji is moving in the right or in 2008. He said that, “When the wrong direction?” To this question, 65 Tebbutt-Times poll was still operating, percent of respondents responded “the Caz [Tebbutt] several times declined to right direction,” but the exact mean- conduct a poll on contentious issues, ing of “right” or “wrong” in this con- fearing that the powers that be would text was highly uncertain. Even coup shoot the messenger” (Lal and Hunter critics might reasonably hope that Fiji 2011). Standard practice for polling was moving in the right direction. The political reviews • melanesia 383

Tebbutt poll was used brazenly by the 2 percent in 2011, according to the Fiji government to blow its trumpet International Monetary Fund (imf), throughout the rest of 2011, with after posting an increase of only 0.3 the Ministry of Information’s Sharon percent in 2010 and shrinking by 1.3 Smith-Johns crowing that Bainima- percent in 2009 (imf 2012). Tourism rama was “almost three times more was the mainstay of the recovery. After popular with the people of Fiji than a 7.4 percent contraction in visitor the Prime Minister Gillard is with the arrivals in 2009, 16.6 percent growth people of Australia” (Fiji Government was witnessed in 2010 and strong 2011). growth continued in 2011. Arriv- More broadly, approval ratings als from Australia during 2011 were may be reasonably indicative of shifts over three times the level of a decade in popular sentiment in the mass earlier. Previously, the Asian Develop- industrial democracies, but they are ment Bank had argued that earnings of questionable value in a country like were failing to keep pace with raw Fiji, particularly in a climate of severe visitor numbers, but by 2011 earnings censorship and intimidation. Indig- too were clearly on the increase (adb enous anger against government had 2011). Performance in other sectors visibly subsided by 2011, but acquies- was less impressive, and investment cence remained limited. Several promi- remained stagnant while the banks nent chiefs had publicly made their were swimming in cash. The sugar peace with Bainimarama, but Rewa’s industry was in steep decline. In 2009 Ro Teimumu Kepa, among others, still and 2010, there were signs that the publicly opposed the government, and government would abandon efforts to the Methodist Church had rejected save the troubled industry, which was strong incentives to buckle. With five delisted on the Suva stock exchange years having passed since the military in 2010. However, in January 2011, takeover, there was less focus on the new Fiji Sugar Corporation Chairman rights or wrongs of the coup but more Abdul Khan said that the Rarawai concern with present difficulties and Mill (the weakest of Fiji’s four mills) options for the future. Fiji Indian was in “too strategic a position to support for the government remained be closed down” (Fiji Times, 27 Jan strong. Veteran National Federation 2011). The British-based company Party leader and Australian émigré Tate & Lyle, the major purchaser of Karam Ramrakha expressed relief Fiji sugar, promised some assistance. that, unlike in the aftermath of the The best that could be hoped for, said 1987 and 2000 coups, “for once no Khan, was a “cash-neutral” position one is cursing the Indo-Fijians for Fiji’s (abc Pacific Beat, 18 April 2011). problems” (Ramrakha 2011). The real Bainimarama blamed the troubles test would be a general election, but on the politicization of the industry this was to be delayed until 2014, and (Fiji Sun, 22 February 2011). The Fiji there was little confidence within Fiji Labour Party’s Lekh Ram Vayeshnoi that those polls, if they happened at responded that huge falls in productiv- all, would be free and fair. ity had occurred during 2008–2010, Gross domestic product grew by during a “time when there was ‘no 384 the contemporary pacific • 24:2 (2012) politics’” (Vayeshnoi 2011). In March, had been offered with strings attached. after claiming that the government Despite rejecting imf assistance, Fiji’s was “fooling the farmers by not telling government did embrace some of the them the real situation of the mills,” supranational organization’s propos- National Farmers Union President als for civil service and land reform. Gaffar Ahmed was allegedly beaten Reforms to the Fiji National Provident during a visit by Bainimarama to the Fund, which holds 80 percent of long- Ba Sugar Mill (Coup Four Point Five, term government bonds and 48 per- 7 March 2011). In June, military cent of treasury bills, had been urged. officers allegedly assaulted Moham- In May, the provident fund reduced med Khalil, president of the Ba branch its pension rate from 15 percent to 9 of the Fiji Sugar and General Work- percent, generating outcry from senior ers Union (rnzi 28 June 2011; abc citizens. A case brought before the Pacific Beat, 4 Aug 2011). courts on the issue by pensioner David A major hurdle for Bainimarama’s Burness, with the assistance of former government was a f$300 (us$150) Fiji Human Rights Commissioner million bond due for repayment in Shaista Shameem, was dismissed by September 2011, anticipated by some the court. It was another sign of how economists as likely to generate a subservient the courts had become, financial crisis sufficient to sink the although Attorney General Sayed- regime. Negotiations for a standby Khaiyum vigorously protested that loan from the International Monetary the judiciary was independent and not Fund to cover that debt repayment subject to government interference. were abandoned in 2010. The 2011 One of the judges who had delivered budget speech indicated instead an the verdict declaring the Bainimarama intention to raise the necessary finance government unconstitutional in April on the private money markets. This 2009, Randall Powell, said in August fiscal optimism was to prove well 2011 that “the Fiji military regime’s founded. In March, the anz Bank idea of an independent judiciary is one brokered a new loan, obtaining f$500 that does the government’s bidding.” million mainly from European, Ameri- Constant interference was unneces- can, and Asian investors at a 9 percent sary, he continued, because the judges interest rate. Ratings agency Standard appointed “would know that if they & Poor’s gave the bond a b-grade, start pursuing an independent line reflecting a view that “the country’s there can be consequences” (abc persistent fiscal and current account Pacific Beat, 18 Aug 2011). deficits leave it vulnerable to default” Another imf proposal had been (s&p 2011). By late 2010, government for land reform. In February, a Land debt had reached 57.7 percent of gross Use Bank was established to admin- domestic product, or 91.2 percent ister deposits of native and crown if government guaranteed debt is land (Fiji Times, 17 Feb 2011). The included, according to Asian Develop- i-Taukei Land Trust Board (formerly ment Bank data (adb 2011). the Native Land Trust Board)—which The imf standby loan, reportedly administers the renting of communally available at a much lower interest rate, owned land—was directed to change political reviews • melanesia 385 its formula for distribution of lease measures to alleviate hardship for the money and lifted rents to 10 percent poor, poverty had been increasing in of unimproved capital value (FijiLive, Fiji, largely because the government 4 Feb, 19 Jan 2011). A majority of had followed the advice of interna- rent income was formerly distributed tional financial institutions like the to Fiji’s customary chiefs, with the International Monetary Fund and residual going to ordinary members the World Bank (Barr 2011). Signs of the mataqali (clan). Under the new that poverty was indeed worsening regulations, rent was to be distributed around the country included reports equally among mataqali members. of an increase in begging in Suva The change removed key income (abc Pacific Beat, 27 April 2011) and sources for the chiefs, particularly in of rising incidences of the theft of the western part of Viti Levu, where marine beacons, road signs, manhole traditional leaders obtain large rents covers, and bridge railings by scrap from agriculture and tourism. Ironi- metal collectors (abc Pacific Beat, 11 cally, one impact of the change was to May 2011; fbcl, June 24 2011; Fiji double the number of new indigenous Sun, 25 June 2011). Meat consump- Fijians signing up on the Vola ni Kawa tion was becoming less affordable. In Bula (Register of Native Births), a August, the Suva and Nadi branches tool of racial coding much despised of Kentucky Fried Chicken announced by sympathizers of the Bainimarama their closure due to “rising costs and government (FijiLive, 27 July 2011). deteriorating sales” (Sydney Morning The government was less keen to Herald 2011). accept imf proposals in other areas. During the first half of 2011, A blizzard of tax regulations alien- several prominent trade unionists ated even sympathizers within the associated with the Fiji Trade Union private sector, and new rules—immune Congress (ftuc) were harassed and from judicial review—were regularly beaten by military officers. National devised to retrospectively remedy Secretary Felix Anthony was taken belatedly apparent defects in ear- into custody in February and Presi- lier decrees. The Prices and Incomes dent Daniel Urai—together with ftuc Board, under Dr Mahendra Reddy, staffer Dinesh Gounder—was arrested continued to regulate markets, sup- in August (abc Pacific Beat, 4 Aug posedly in the interests of the less well 2011). In response, the Australian off. The government introduced an and New Zealand unions threatened across-the-board 10 percent minimum to halt in-bound flights to Fiji but wage increase in May, undermining desisted after concerns about the legal- the long-standing efforts of Wages ity of such action. General Secretary of Council Chairman Father Kevin Barr the International Trade Union Confed- to set distinct minimum wage levels eration Sharan Burrow said the unions for nine separate industries. Father would nevertheless escalate action Barr threatened to resign in February, against the Fiji regime (rnzi, 8 Aug criticizing the government for regu- 2011). larly caving in to employers (rnzi, Efforts to curtail the activities 9 Feb 2011). He claimed that, despite of trade unions also occurred in 386 the contemporary pacific • 24:2 (2012) the legislative sphere. The Essential abolished the automatic deduction of National Industries (Employment) union dues for public employees, a Decree 2011 was introduced in July. reform previously introduced in the It applied to eleven designated cor- sugar industry to weaken the posi- porations in the banking, telecom- tion of the National Farmers Union. munications, civil aviation, and public Bainimarama and Sayed-Khaiyum utility industries. Existing collective claimed that union leaders were politi- agreements were voided, and trade cally motivated and corrupt, point- unions were required to reregister. ing to large directors’ fees allegedly Strike action was curtailed, and the taken by Mr Anthony and Mr Urai as jurisdiction of the wages councils was directors of the Fiji National Provident removed. Union leaders were required Fund during 2007–2009 (FijiLive, to be employees of the industries they July 21 2011; fbcl, 22 July 2011). represented, effectively ruling out In September, ilo Director-General most of the existing professional trade Juan Somavia called for the rescinding union leadership. The likely fate of of the Essential National Industries those trade unionists who were state Decree and “a return to dialogue with employees was vividly illustrated by trades unions and employers, an end the fate of Tevita Koroi, president to assaults on and harassment of trade of the Fiji Teachers Association. An unionists, and the immediate restora- investigation by the International tion of basic civil liberties” (Somavia Labour Office (ilo) found that, after 2011). speaking out against the interim gov- Throughout 2011 there were few ernment, Mr Koroi was suspended as major speeches by Bainimarama and a school principal in December 2008 no major interviews. With domestic and terminated in April 2009. The ilo resistance mostly crushed, there per- declared this a “clear violation of his haps seemed less urgent need to justify right to exercise his legitimate duties government policy, and the commo- as a trade union leader” and called for dore’s off-the-cuff remarks in the past his reinstatement (ilo 2011). An ilo had generated major difficulties for delegation to Fiji in August was tasked spin-doctors at the Ministry of Infor- with investigating broader allegations mation. The danger of the government of violations of trade union freedom edging toward a personalist dictator- of association. On the very weekend ship was revealed by the outcome of a that the delegation arrived, police Fiji tv phone-in popularity contest at broke up an ftuc meeting in Nadi the end of 2011. Apparently, officials on the grounds that the required and got wind of the fact that Bainimarama granted police permit for the meeting was unlikely to win the contest and had been suddenly revoked. arranged a barrage of last-minute Other legislation also weakened phone calls so as to lift the prime the position of the trade unions. The minister’s rating above that of Con- Employment Relations Amendment sumer Council Chair Premila Kumar Decree of 2011 removed protections (Coup Four Point Five, 14 Jan 2012; for 15,000 civil servants. In August, Field 2012). By mistake, Fiji tv closed an amendment to the Civil Service Act the poll on 30 December rather than political reviews • melanesia 387

31 December, so Premila Kumar was (Fiji Times, 9 April 2011). For several announced the winner. Bainimarama’s years, Bainimarama had regularly backers across the government cried indicated that opponents would not foul. The Commerce Commission’s be allowed to contest future elections, Mahendra Reddy launched an inves- but speaking on New Zealand televi- tigation, querying the early closure of sion in June, Sayed-Khaiyum insisted the poll (Reddy 2012). Fiji tv apolo- that “absolutely anybody” would be gized and quickly reversed the result, allowed to stand, except those in jail with Bainimarama proclaimed the (FijiLive, 26 June 2011). In prepara- victor. Such reactions, even to the out- tion for those exceptions, both Qarase come of a minor telephone survey, left and Chaudhry appeared before the little confidence that a future nation- courts during 2011, charged with wide election would be free or fair. corruption (FijiVillage, 13 Sept 2011). The year 2011 was a relatively Thus 2011 was a year when any quiet one in Fiji, though it was not lingering hopes for a restoration of the without incident. Much of the focus old order—with Qarase and Chaudhry was on 2012, when talks were due to as key players—steadily vanished, but commence toward a new constitution, it was also a year of anxiety about the paving the way for elections in Sep- future and disquiet about the present. tember 2014. The Public Emergency Regulations were to be removed, but jon fraenkel when this was done in January 2012, accompanied by a global press blitz by Qorvis, new public order legislation References was immediately slapped into place abc, Australian Broadcasting Corporation. that effectively entailed little change http://www.abc.net.au/ from the earlier arrangements. That abc Pacific Beat. Radio Australia, abc public relations exercise therefore International. http://www.radioaustralia ultimately backfired, only reinforc- .net.au/international/radio/program/ ing the perception that the Bainima- pacific-beat rama government’s promises were in bad faith. In fact, that Janus-faced adb, Asian Development Bank. 2011. Asian Development Outlook 2011 Update: character of the new order reflected Preparing for Demographic Transition. conflicting pressures, emanating from http://beta.adb.org/sites/default/files/ opportunists connected with Sayed- adu2011.pdf Khaiyum (who were reluctant to see the emergency regulations lifted) and The Age. Daily newspaper, Melbourne. from a more liberal grouping within Online at http://www.theage.com.au/ the military senior command (which Amnesty International. 2011. Arbitrary resented the ever-increasing influence Detentions and Beatings in Fiji Must Stop. of the attorney-general). Little more 25 February. http://www.amnesty.org.au/ was said publicly about Commodore news/comments/24916/ Bainimarama’s professed interest in a Barr, Kevin J. 2011. Poverty Alleviation presidential system, expressed in April and Poverty Statistics. Croz Walsh’s blog, to visiting Indonesian election officials 16 April. http://crosbiew.blogspot.com 388 the contemporary pacific • 24:2 (2012)

.au/2011/04/poverty-alleviation-and LSGetParasByCase.cfm?PARA=8961 -poverty.html &FILE=2752&hdroff=1&DISPLAY =BACKGROUND,INTRODUCTION Coup Four Point Five website. http://www.coupfourandahalf.com/ imf, International Monetary Fund. 2012. Republic of Fiji: Article IV Consulta- Davis, Graham. 2011. Time to Rethink 2009 When “Bad Guy” is King of Pacific. tion. http://www.imf.org/external/pubs/cat/ longres.aspx?sk= . The Australian, 30 March. 25735 0 fbcl, Fiji Broadcasting Corporation Ltd. Islands Business. Monthly magazine, Suva. http://www.islandsbusiness.com/ Field, Michael. 2012. Fiji tv Apologises over Personality Vote. 22 January. ———. 2011. Australian Foreign http://www.stuff.co.nz/world/south Minister Rules Out Compromise over -pacific/6296302/Fiji-TV-apologises-over Fiji’s Coup. 28 March. http://www -personality-vote#comments .islandsbusiness.com/news/index_dynamic/ containerNameToReplace=MiddleMiddle/ Fiji Government. . Bainimarama 2011 focusModuleID=130/focusContentID More Popular than Gillard. Fiji Ministry =23163/tableName=mediaRelease/ of Information press release, 8 September. overideSkinName=newsArticle-full.tpl http://www.fiji.gov.fj/index.php?option =com_content&view=article&id=4816 Lal, Victor, and Russell Hunter. 2011. :bainimarama-more-popular-than-gillard Polls Apart. Blog post, Raw Fiji News, &catid=71:press-releases&Itemid=155 14 September. http://rawfijinews .wordpress.com/2011/09/14/polls-apart/ FijiLive. Online news service. http://www.fijilive.com/ Malielegaoi, Tuilaepa. 2011. pm Blames Global Warming for Fiji-Tonga Storm. Fiji Sun. Daily newspaper, Suva. Online at Savali, May. http://www.savalinews http://www.sun.com.fj/ 18 .com/2011/05/18/pm-blames-global Fiji Times. Daily newspaper, Suva. Online -warming-for-fiji-tonga-storm/ at http://www.fijitimes.com/ Mara, Tevita Uluilakeba. 2011a. Baini FijiVillage. Online news service. marama the Beast. Media statement 4, http://www.fijivillage.com/ 30 May. http://www.scoop.co.nz/stories/ Fraenkel, Jon. 2010. Melanesia in Review: WO1105/S00724/media-statement-no-4 Issues and Events, 2009: Fiji. The Contem- -bainimarama-the-beast.htm porary Pacific 22:416–433. ———. 2011b. Speech to the Fiji Hayward-Jones, Jenny. 2011. Fiji at Home Democracy and Freedom Movement, and in the World: Public Opinion and Melbourne, 25 June. Available from Foreign Policy. Sydney: Lowy Institute. http://www.truthforfiji.com/ Also specifi- http://www.lowyinstitute.org/Publication cally at http://intelligentsiya.blogspot .asp?pid=1690 .com/2011/06/speech-by-ratu-tevita -mara-melbourne.html Hughes, Helen. 2011. Fiji Meeting Would Be a Farce If It Were Funny. The Canberra Matangi Tonga. Online newspaper, Times, 30 March. Nuku‘alofa. http://matangitonga.to/ ilo, International Labour Office. 2011. mcg, Ministerial Contact Group. 2011. Committee on Freedom of Association Press release 11/11, Meeting of the Forum Report: Fiji. 1 July. http://webfusion.ilo Ministerial Contact Group on Fiji, Port .org/public/db/standards/normes/libsynd/ Vila, Vanuatu, 14 February. political reviews • melanesia 389

Narsey, Wadan. 2011. Shoddy Tebbutt 1721431/fiji_us_250_million_bond Opinion Poll by Lowy Institute. Coup _assigned_b_rating Four Point Five blog, September. 8 Savali. Biweekly newspaper, Sāmoa. http://www.coupfourandahalf.com/ / 2011 http://www.savalinews.com/ 09/narsey-gillard-govt-needs-to-ask.html Somavia, Juan. 2011. Statement on Fiji, New Zealand Herald. Daily newspaper, by ilo Director-General Juan Somavia. Auckland. Online at http://www.nzherald International Labor Organization website, .co.nz/ 13 September. http://www.ilo.org/global/ pif, Pacific Islands Forum. 2011. Forum about-the-ilo/press-and-media-centre/ Communiqué, Forty-Second Pacific Islands statements-and-speeches/WCMS_162761/ Forum, Auckland, New Zealand, 7–8 lang--en/index.htm September. http://www.forumsec.org/ Sydney Morning Herald. 2011. kfc Takes resources/uploads/attachments/documents/ a Battering in Fiji. 3 August. 2011%20Forum%20Communique %20FINAL.pdf US Government. 2006. Australia Declines Fiji’s Request for Military Intervention. PNG Mine Watch. 2012. “We Want pm Available at http://wikileaks.tetalab.org/ Bainimarama” Say Namosi Landowners. mobile/cables/06CANBERRA1940.html 16 January. http://ramumine.wordpress .com/2012/01/16/we-want-pm ———. 2009. South Pacific: International -bainimarama-say-namosi-landowners/ Isolation of Regime in Fiji an Opportunity for China. June. Available at http://www Ramrakha, Karam Chand. 2011. The .look4leaks.net/wikileaks.php?lang=en&op Head that Wears the Crown. Fiji Sun, =s&p=5&ent=China&tag=NZ 25 June. Reproduced at Croz Walsh’s blog, http://crosbiew.blogspot.com.au/2011/06/ Vayeshnoi, Lekh Ram. 2011. Sugar Unions head-that-wears-crown.html Not Responsible for the Industry Decline. Fiji Labour Party website, 24 March. Reddy, Mahendra. 2012. Press Statement http://www.flp.org.fj/n110324.htm Re: Complaint—Fiji TV Personality of the Year. Fiji Commerce Commission website, Xinhua News. 2011. China Railway 13 January. http://www.commcomm.gov Awarded Fiji’s Road, Bridge Projects. .fj/Press/Press%20Stat%20Text%20Comp China Radio International website %20130112%20Reddy (English), 18 January. http://english.cri .cn/6826/2011/01/18/168s616102.htm rnzi, Radio New Zealand International. http://www.rnzi.com Rudd, Kevin. 2011. Foreign Minister Kevin Rudd Intervention to the Building New Caledonia Block Session on Fragility. Speech, 30 November. Australian Ministry Political tensions in early 2011 of Foreign Affairs website, http://www came close to unraveling the “col- .foreignminister.gov.au/speeches/2011/ legial” institutions put in place by kr_sp_111130.html the Noumea Accord of 1998, as the s&p, Standard & Poor’s. 2011. Fiji us$250 governing cabinet fell four times, Million Bond Assigned “b-” Rating; until a new alliance emerged between Recovery Rating “4.” Research and leading loyalist and pro-independence Markets website, 11 March. http://www parties. When local governance had .researchandmarkets.com/reports/ seemed to stabilize, tragic intercom- 390 the contemporary pacific • 24:2 (2012) munal violence erupted on the island Front de Libération Nationale Kanak of Maré just before the Pacific Games et Socialiste (flnks). Tempers rose began in Noumea. The year finished particularly after the La Foa munici- with heated controversy over a cin- pal council voted 15–2 not to raise ematic representation of the dramatic the Kanaky flag on 12 January 2011, battle on Ouvea in 1988, which had a day when independence support- resulted in the negotiated Matignon ers commemorated the killing by peace accord that same year. 2011 was French police snipers of flnks hero a year of testing and reflection, but at Eloi Machoro in 1985 near La Foa the territorial level, centrist loyalists (nc, 13 Jan 2011). The ce had taken and leftist independence supporters a stand in 2010 in favor of creating a found themselves outmaneuvered by single flag for the country, in accor- a “national” coalition that aimed to dance with its reading of the Noumea negotiate its way toward a consensual Accord, so it refused to accept the end of the Noumea Accord era, with Kanaky flag as a collective symbol. or without a successful referendum on Palika (Parti de Libération Kanak)— independence in 2014. The autono- the second largest pro-independence mous, sui generis country still lacks an party, which is a leftist rival of the official status in the French system of church- and chief-based uc—agreed overseas territories. with the single flag quest (nc, 31 Jan Last year, as a committee was 2011), having already flown the two deliberating about local identity sym- flags together in the Northern Prov- bols, key political leaders decided to ince since 1988. raise two flags over public buildings uc President Charles Pidjot issued in preparation for the 2011 Pacific an ultimatum to the four recalcitrant Games: that of France and that of mayors to raise the Kanaky flag along- Kanaky (the country name preferred side the French tricolor, or else he and by the pro-independence movement). his party colleagues in the congres- Many people saw this conciliatory sional executive (referred to locally as gesture as a breakthrough because the government) would resign, thereby loyalists had regarded the Kanaky flag triggering a new cabinet election. This as a “terrorist” emblem in the violent provision in the 1999 organic laws 1980s. Ironically, Pierre Frogier of the that had enacted the Noumea Accord right-wing loyalist Rassemblement had been used several times before party had proposed it, and Paris and when minority members felt that the several Kanak nationalist parties (most majority was not respecting collegial notably the Union Calédonienne, or consensus. But the current cabinet uc) supported the idea. But four local president, Philippe Gomès of the ce, mayors—most of whom were con- said that if the uc forced the issue, nected to the reigning centrist loyalist his party too would resign as soon party, Calédonie Ensemble (Caledonia as a new government was formed in Together, or ce)—refused to raise both order to defend the democratic right flags together. The fourth mayor, on of municipal councils to refuse to the outer island of Maré, resented the raise the Kanaky flag. Critics saw the dominant independence coalition, the flag issue as a pretext to enable the political reviews • melanesia 391

Rassemblement and the uc to displace ministries, the most ever, as the two the ce and Palika from dominating the largest parties voted in tandem. But government (nc, 15 Feb 2011). On 18 Gomès’s ce immediately resigned, call- February, the uc duly resigned from ing the rump-uc coalition a political the cabinet, forcing a new election and institutional “putsch” against the of the executive by Congress within Noumea Accord’s proposal of seeking fifteen days. Frogier and Pidjot both a consensual “common destiny.” He described their parties as “historical demanded a new election of the entire signers” of the peace accords of 1988 Congress. Frogier replied, “We must and 1998, whereas Gomès and most find, with our pro-independence part- of his followers were not (though ners, a solution accepted by the largest Palika was). The rump (Rassemble- number [ie, a majority], to build a ment–Union pour un Mouvement New Caledonia largely autonomous, Populaire, the ump being the met- with its personality, in the bosom of ropolitan party of French President the French Republic . . . the French Nicolas Sarkozy) and the uc said they flag is our flag and no one can replace wanted to work together to “turn a it” (nc, 3 March 2011). His proposal page of history” by negotiating the to fly both flags clearly validated, in approaching exit from the Noumea his mind, not only Kanak identity but Accord era. Frogier declared, “For also a continuing French presence, 23 years . . . we have always known whereas Gomès wanted to nurture a not to go too far. We have sufficiently distinctive Caledonian citizenry that suffered to know that there is a yel- fused French, Asian, and Polynesian low line not to cross. To cross it, is to settlers with Kanak through social- risk returning to unhappy episodes.” democratic programs that aimed to But Gomès called the new alliance overcome colonial inequities by better a conspiracy to impose an outcome managing the country’s resources. The “behind the backs” of the voters, and uc, however, called Gomès “capri- he began street demonstrations in cious” and dictatorial and asked Paris favor of a single, new country flag (nc, not to allow another cabinet election. 20 Feb 2011). Palika too criticized Critics compared the cabinet crisis to the “exclusive” rump-uc alliance the frequent presidential elections in for being “against nature,” since the French Polynesia since 2004, as two Rassemblement and the uc had been or three party leaders rotated through staunch political opponents in the late the presidency there whenever a few 1970s and 1980s (nc, 28 Feb 2011). assembly members switched sides to In early March, Congress elected obtain better administrative posts (nc, a new cabinet, with Harold Martin 5 March 2011; pir, 2 June 2011). of the small Avenir Ensemble (Future The uc suddenly proposed that the Together, or ae) party as president; Kanaky flag be made, by default, the like the rump, the ae is tied to Sar- new country flag, since non-Kanak kozy’s metropolitan Gaullist party. lacked one of their own, though the ce The uc won the vice presidency from had created a website for suggestions. Palika, and altogether pro-indepen- Frogier’s rump declined this uc gam- dence parties won five out of eleven bit but also condemned pro–single-flag 392 the contemporary pacific • 24:2 (2012) street demonstrations for “crossing rump-uc attempt at reconciliation the yellow line” into disorder (nc, 15 and coordination, though the ce and March 2011). Palika both boycotted the meeting. A second Martin-led cabinet was As Congress president, Wamytan elected that same month, retaining the would shepherd bills through com- same 6–5 ratio of loyalists to indepen- missions to the floor for voting, and dence parties, but the ce resigned yet he could delay a new cabinet election. again (nc, 18 March 2011). Sylvain The French government was pushing Pabouty of Palika (which in the popu- through its own Parliament a change lous, multiethnic Southern Province to the New Caledonian organic laws is allied with the uc) said that the that would create an eighteen-month indigenous Kanak people had endured grace period for cabinets. In negotia- a French imperialist flag for 150 years, tion with local party leaders, France so why not have the Kanaky flag for also agreed to expand the member- the same amount of time? (mnp, 26 ship of the annual Signers Committee March 2011). Rock Wamytan of the meetings to include minority parties, uc-South accused Gomès of flirting thus recognizing the ce as a legitimate with extremist malcontents, includ- participant. When Gomès contested ing the former National Front, which the first Martin cabinet election on had lost all its seats in Congress in procedural grounds, the French Coun- the 2009 election due to restrictions cil of State called for another vote. In on voting rights to long-term resi- June, a third Martin-led cabinet was dents. The small Labor Party (Parti elected, this time with only 4 seats Travailliste, linked to the leftist, pro- allocated to pro-independence parties independence Union Syndicaliste des and 3 (rather than 2) to the ce (nc, 2 Travailleurs Kanak et Exploités, or June 2011). Paul Néaoutyine of Palika ustke), which works with the uc in and Nidoish Naisseline of the small coordination with the rump, called Libération Kanak Socialiste party Gomès’s tactics a “pied-noirization” (lks) warned Paris against the “occult of local politics (Gomès is descended dealings” of the rump-uc that risked from former European settlers of bypassing collegial dialogue with a Algeria known as pieds noirs, or majority exclusiveness, as in pre-2004 black feet). The French high commis- rump-led coalition cabinets (nc, 22 sioner banned street protests for the May 2011, 2 June 2011). Since 2004, time being, because the flag issue was however, the rump (and the uc) has arousing deep emotions among settler complained about ce- and Palika- and Kanak factions (nc, 27 March, dominated cabinets, so consensus is 31 March 2011). elusive. Meanwhile, Wamytan, a former In August, Wamytan was reelected president of the uc and the flnks, was as Congress president because the elected president of the Congress in Council of State had also invalidated April, the first Kanak independence his first election on a technicality supporter to hold that office in thirty- (mnp, 23 Aug 2011). As former head four years (mnp, 3 April 2011). His of the uc and flnks, he was a major winning 32 of 54 votes was a clear actor in the 1998 Noumea Accord political reviews • melanesia 393 negotiations and shared the cover of they always managed after conflicts to Pacific Islands Monthly with the late reach compromises, consensus, paths Jacques Lafleur of the Rassemblement of cooperation” (mnp, 18 July 2011). as regional Man of the Year. Internal Yet the ce, Palika, and lks boycotts Kanak rivalries then reduced him to of his own election showed that some a lesser role in the settler-dominated parties felt left out. south, though he did serve a term as In July, the now-expanded Sign- head of the Melanesian Spearhead ers Committee met in Paris, where Group and remained active in local French Prime Minister François Fillon conflict mediation and environmental assured the local political leaders that protests. Wamytan is the grandson both flags would remain alongside of the last pro-independence leader each other until a single country flag to lead the territorial assembly, Rock could be agreed on later. The meet- Pidjot, whose chiefly title he inher- ing became more technical after that ited. In a country whose indigenous because the ongoing extrication of people are today a slight minority, Paris from New Caledonia’s gover- Wamytan countered criticisms of nance, as prescribed by the Noumea alliance with the rump: “We have Accord, involves increasingly com- attained an objective of the flnks, to plicated institutional details. In fact, be associated with responsibilities at participants agreed that French the highest institutional level of the scholarly experts should assist them in country. We have always thought that planning for better management of the sharing was necessary, because we nickel mining and processing industry, signed together the Matignon Accord, transferring specific administrative which was confirmed by the Noumea authority in matters such as educa- Accord. We awaited a gesture. . . . But tion or the judiciary, generating future I’m not bound by any contract with development contracts using French [Frogier] . . . Everyone keeps his own financial aid, and enhancing the inter- convictions, his visions. . . . We do not national status of New Caledonia. Of form a caste, we do not close the door high priority were increased training to others” (nc, 4 April 2011). In his opportunities in many fields for local first acceptance speech, Wamytan gave residents, better coordination between a local history lesson and stressed the the local government and the multi- need to balance “rational” Western national firms that were constructing thinking with “mythic” indigenous new processing plants, and efforts to perspectives in pursuit of a holistic, achieve full membership in the Pacific Oceanian consensus: “We’re making Islands Forum (nc, 11 July 2011). In the necessary effort to mine the depth March, France paid for an academic of what constitutes our Caledonian conference in Noumea, where schol- soul in its diverse origins, whose ars from around the world described sources will permit a promising, better diverse forms of self-government in future for our children” (mnp, 3 April former colonies, and Martin and 2011). He defended “the indepen- Wamytan welcomed such advice for dence option,” but, as in Kanak comparative perspectives. In particu- cultural tradition, “opposing groups, lar, two speakers recommended that 394 the contemporary pacific • 24:2 (2012) the “reserved” powers still controlled ated protocol addressed what Islands by France, such as defense, foreign Province residents felt was a need for relations, currency, police, and the rebalancing, since they needed afford- courts, which a successful referen- able transportation to the main island, dum on sovereignty could delegate to where most jobs were located because the country, should not be treated as of the nickel industry. Aircal faced sacred, fixed pillars (as many settlers financial and management problems wanted for security) but rather as and tried to raise fares by 30 percent broad concepts that needed negotiated to enable it to restructure, but outer specificity. Such concrete details might islanders wanted subsidized airfares. well precede a priori labels of associ- One elder compared the new pro- ated state or sovereign independence tocol to the Matignon and Noumea in a globalized world. Thanks to two peace accords because it provided for negotiated accords after the tragic representatives of Aircal passengers on 1980s, every leader in New Caledonia its administrative board (nc, 18 Aug today is at least an autonomist, favor- 2011). Naisseline, who had wanted ing a flexible form of self-government more provincial control over Aircal whose exact limits long-term residents (New Caledonia is the majority share- can decide together (Faberon, Fayard, holder) but had already clashed with and Regnault 2011). labor unions, was removed from the In August, a dispute in the Islands congressional transport commission Province over airfares to the main and from the presidency of the provin- island led to organized protests that cial economic development commis- blockaded outer-island airports and sion. In response, he said, “You don’t erupted into intercommunal vio- need to bring a guillotine to cut off my lence on Maré. Nidoish Naisseline, head” (nc, 21 Oct 2011). president of the domestic carrier, Later that month, French President Aircal, was also high chief of Guahma Sarkozy visited Noumea, in part to district, which has often been at odds help open the Pacific Games. He met over land disputes and other issues with local leaders and condemned the with people of the La Roche district, Maré violence as going against all the which had shut down the local air- progress toward consensual solu- port. At a wedding between a couple tions in the country. He promised to drawn from each of the opposing enforce security: “New Caledonia has groups, alcohol brought out deep often provided the best, and some- antagonisms, so an armed attempt to times the worst, example.” He vowed reopen the airport caused shootings that France would remain “a loyal and pillage in Tadine. Four people partner, nonpartisan and ready to died and two dozen were wounded, so accompany the territory in its eman- the French flew in more than a hun- cipation, technically and financially.” dred police and soldiers to stop loot- The future status of the country was ing, lift roadblocks, and make arrests, for local people to decide, though he while church and customary leaders personally preferred to keep them pursued peace-making mediation (nc, in the republic. He was pleased that 9 Aug 2011). Ten days later, a negoti- the two former oppositional blocs political reviews • melanesia 395 were changing and praised Lafleur 2011). New Caledonia also asked to and Jean-Marie Tjibaou for “open- be a full member of the Pacific Islands ing a path” in their Matignon Accord Forum, after becoming the first French handshake a generation earlier. He territory to become an observer in supported the “affirmative action” of 1999 and then an associate member in “rebalancing” economic development 2006, but its request was denied again among the three provinces, supported until more progress is made toward the two flags temporarily as a gesture self-government (pir, 25 May 2011; of reconciliation, agreed with Gomès nc, 10 Sept 2011). French officials that remaining social inequalities still traveled to Tonga to examine its state needed addressing, hoped with Wamy- institutions and to Fiji to study ways tan that New Caledonia could obtain to combine traditional land tenure full Forum membership, and accepted with development (pir, 25 July, 27 the idea of a local Caledonian citizen- Sept 2011). James Anaya of the United ship, since France had both its own Nations Decolonization Committee citizenship and that within the Euro- praised the devolution of govern- pean Union (nc, 27 Aug 2011). ing powers to the country under the New Caledonia won the most med- Noumea Accord, but he criticized als at the Games, including 120 golds socioeconomic inequalities, under compared to 59 for Tahiti and 49 for representation of Kanak in institu- Papua New Guinea, thus continuing tions, and slow progress toward an act its domination of the south Pacific in of self-determination (mnp, 15 Feb, many sports (pir, 12 Sept 2011). But 27 June 2011). an interesting subtext arose when the In September, elections for two symbolic flame was brought ashore seats in the French Senate in Paris on Ouvea in the Islands Province. A (New Caledonia was formerly allo- Samoan carried it to the local chief, cated only one seat) resulted in reenacting what his ancestors had victories after two rounds of voting done when they migrated there in for Frogier and Hilarion Vendegou, ancient times and married into a local the mayor of the Isle of Pines, whose clan. Some Ouvea residents felt it also chief was the first to sign a treaty of reopened relations with the anglo- French annexation in 1853. The elec- phone Pacific, which dated back to tion results perpetuated the monopoly the arrival of Polynesian missionaries of legislative representation in Paris in the 1840s but had been cut off by by the rump. The uc and Palika French colonialism and especially by would not ally in the second round the 1988 battle for independence (nc, to support an flnks candidate, but 18 July 2011; Waddell 2008). In other Frogier attributed his success to the regional relations, the flnks traveled gesture of raising both flags that to a Suva meeting of the Melanesian brought his party and the uc together. Spearhead Group, of which it has The ce failed to win a seat, repeating been a member since 1991, to discuss its frustration in the 2007 elections lingering social inequalities and the for deputies to the French National Kanak Customary Senate’s need for Assembly, despite its hope to compete a real political voice (nc, 31 March with the rump in Paris. Its candidates 396 the contemporary pacific • 24:2 (2012) blamed the senatorial election system, with restricting voting rights in ref- which instead of universal suffrage erendums and provincial elections to empowers a small group of urban long-term residents. “great electors,” at least until a reform In New Caledonia, 84 percent of planned for 2013 (nc, 26 Sept 2011). employees have resided in the country But Gomès continued to rally smaller for at least ten years, but half of the parties around the ce, which together types of jobs that exist may be given claimed to represent 25,000 voters to an applicant of shorter residence— (nc, 21 Dec 2011). the required duration depending on In November, government President specialization—with approval from Martin applauded the end of cabinet a government commission if a local instability, which he said enabled search has not succeeded. Significant a calm quest for a consensual out- efforts will also be made to provide come of the Noumea Accord process, local aspirants with needed skills, though the ce boycotted his speech. including scholarships for study New cooperation among loyalists and abroad (nc, 24 June, 17 Dec 2011). independence supporters had made One of the major undertakings of Wamytan president of Congress, he the Gomès presidency was a country- argued, and cabinet Vice President wide “great debate” about improv- Gilbert Tyuienon of the uc had been ing education, but under the Martin able to tell the United Nations, “New cabinet, the resulting recommenda- Caledonia, leaving aside majority- tions were discussed in-house rather minority logic, has decided to go than in public (nc, 11 April 2011). beyond ideological oppositions by The need for reform is serious, because installing a new method of governance 42 percent of local job applicants lack based on a sharing of power in the sufficient qualifications, and almost country’s institutions.” Martin stated 30 percent are younger than twenty- three main goals: reducing inequali- six years old (nc, 28 April 2011). ties, combating the high cost of living This has resulted in rising problems of (which unions have protested about), delinquency and alcohol or marijuana and improving job access for local abuse. By province, the populous, citizens through a combination of multiethnic South still commands government regulation and business 68.6 percent of employment offers, competition. The French state would though in the Kanak-ruled North, the help enforce security against rising Koniambo nickel project has helped juvenile delinquency and increase New to raise job offers to 31.1 percent, Caledonian ownership of mining proj- while the resource-poor, Kanak-ruled ects, while local government would Islands offer less than 1 percent of improve access to affordable housing jobs (nc, 25 Feb 2011). Half the to counter rising squatter camps (nc, population receives only one-fifth of 29 Nov 2011). In December, the gov- the total income, and great disparities ernment, employers, and labor unions occur in Noumea, the capital, between finally agreed on criteria to promote “Oceanian” and “white” neighbor- local hiring as much as possible, a key hoods. So many people migrate to the measure of local citizenship, along South that it now contains 75 percent political reviews • melanesia 397 of the total population, and it has General Pierre Declercq commemo- switched from building more hous- rated the thirtieth anniversary of his ing to providing water and electricity still unsolved murder in 1981 (nc, 19 to squatter camps (nc, 25 March, 30 Sept 2011). Most controversial was Aug, 21 Nov 2011). the showing of Mathieu Kassovitz’s Kanaky/New Caledonia’s politi- film L’Ordre et la Morale (trans- cal leadership has shifted power to its lated in English as Rebellion), which two largest, once opposing, parties for depicts the Ouvea battle of 1988, the final push to self-government, but whose bloodshed finally led to the other parties remain in the Congress Matignon Accord. Since its inception, and the provincial assemblies and the cinematic project has had both are proportionally represented in the support and opposition from various cabinet. Pro-independence groups hold groups in New Caledonia, such that 43 percent of the seats in Congress, it had to be filmed in French Poly- while an ethnic poll shows that Kanak nesia instead of Ouvea even though remain the largest self-identified com- local actors, including family mem- munity at 40 percent. Europeans are bers, from that island participated. 30 percent, and another 30 percent Competing polemics about the film are “others,” including Polynesians, began even before it was released, and Asians, mixtures of the races, and at first a local cinema chain canceled 5 percent who declared themselves its showings after threats (Maclellan simply “Caledonian” (nc, 20 Feb 2011). But in December, spectators 2011). But old memories continue packed various venues to see it. They to haunt them, even as a younger emerged with differing opinions, as generation that never experienced the some had even refused to watch it, violent 1980s or earlier decoloniza- but younger people especially seemed tion struggles seeks to understand to be glad it was made. One said, why history matters in the would-be “It makes us want to know more, to country. In July, new information speak with others, to see it again.” surfaced about the location of the Another said, “The common destiny, skull of Chief Atai, the leader of the it’s a very nice word, but the young largest Kanak revolt in 1878, who generation who doesn’t know their was killed by indigenous allies of the history cannot move forward” (nc, French and decapitated. After years of 16 Dec 2011). official evasion, the skull and a casting david chappell of its face are apparently in a Paris museum after all, and descendants of Atai organized to have the artifacts References returned as an act of reconciliation (nc, 7 July, 24 Dec 2011). Emmanuel Faberon, Jean-Yves, Viviane Fayard, and Tjibaou, son of martyred uc-flnks Jean-Marc Regnault, editors. 2011. Des- leader Jean-Marie, became head of the tins des collectivités politiques d’Océanie. Jean-Marie Tjibaou Cultural Center 2 volumes. Aix-Marseille: Presses Univer- sitaires. (nc, 15 July 2011), and in September, family and friends of uc Secretary- Maclellan, Nic. 2011 New Film Stirs up 398 the contemporary pacific • 24:2 (2012)

Old Memories. Islands Business Magazine, (Organisasi Papua Merdeka [opm])– December. National Liberation Army (Tentara mnp, Madoy–Naku Press. Kanaky Pembebasan Nasiona [tpn]). New Caledonia news site. Second, the political impasse caused http://madoy-nakupress.blogspot.com by mutual mistrust between the government and the pro-independence nc, Les Nouvelles-Calédoniennes. Daily. Noumea. http://www.lnc.nc Papuans continued. The special autonomy law implemented in 2001 has pir, Pacific Islands Report. East-West failed to restore trust. The impasse is Center, Honolulu. http://pireport.org mainly due to independence demands Waddell, Eric. 2008. Jean-Marie Tjibaou: being approached from the perspective Kanak Witness to the World. Pacific of a security framework (securitiza- Islands Monograph 23. Honolulu: Center tion). Most of the government’s recent for Pacific Islands Studies and University policies were also influenced by the of Hawai‘i Press. securitization policy, which further undermined the spirit of reconciliation embedded in the special autonomy law. Papua Third, industrial relations conflicts The year 2011 in the provinces of between workers and the Freeport Papua and West Papua was politically Indonesia mine intensified. The root of noisy. Papua occupied the headlines of the conflict is wages, which are con- a number of national electronic and sidered the lowest in relation to other print media sources more often than Freeport companies outside Indonesia. in the previous year. First, the cycle of A phenomenal strike of the workers’ violence conducted by both the state association lasted roughly six months, apparatus and non-state armed groups and the company was forced to halt its predominated. On one side, the man- operations for about one month. The agement of politics and security in the strike began in July, and negotiations provinces was still colored by state for a new wage structure were con- repression and alleged human rights cluded at the end of December 2011. violations. Impunity was maintained The strike ended and the workers and laws could not be enforced, as enjoyed a wage increase of 37 percent. law enforcers often failed to indicate It was a Christmas gift for both sides. the perpetrators’ identity, calling them Fourth, the political will of the “unknown actors.” When perpetra- government to employ peaceful means tors who are members of state security of solving the Papua conflict appeared institutions have been identified and more clearly at the end of the year. known publicly, the court has tended On 9 November 2011, Indonesian to punish them with light sentences. President Susilo Bambang Yudhoyono On the other side, the non-state armed stated that the government was groups became more aggressive. The prepared to hold open dialogue with year saw more members of the police Papuan leaders. This statement con- and military becoming victims of firmed the previous policy in which attacks by the Free Papua Movement the president appointed special envoys political reviews • melanesia 399 for Papua and a special unit under the refusal of Papuan members of Parlia- president to handle the political and ment in Jakarta, the separation was economic problems of Papua. Overall encouraged by Jakarta as well as by the new approach has not yet had a the governor of West Papua. The positive impact on the political situa- newly established West Papua People’s tion in Papua, primarily because the Assembly was re-inaugurated by the old approaches have not been termi- governor of West Papua on 15 June. nated. As a consequence, a number of mrp The Papua People’s Assembly members who wanted to retain one (Majelis Rakyat Papua [mrp]) also mrp filed suit against the West Papua remained a protracted problem in provincial government in the State Papua. The official term of mrp Administration Court. As of this members should have ended in 2010, writing, the outcome of the lawsuit is but the selection of new members for unclear but two mrps remain. the 2011–2016 term did not start until On 12 September, Timotius Murib April 2011. To make matters worse, was selected as mrp spokesperson and the central government intervened by Hofni Simbiak and Engelberta Koto- rejecting the appointments of Agus rok as his deputies for the 2011–2016 Alua and Hana Hikoyabi who had term. Members of mrp were inaugu- already been selected as members rated on 15 September by Acting Gov- of mrp by the provincial commit- ernor of Papua Syamsul Arif Rivai. On tee. Alua and Hikoyabi were labeled that occasion the governor said, “mrp “separatist” by Jakarta. As a matter is not a political body but a particu- of fact, these two Papuan leaders had lar institution whose competence is an important role in facilitating the to pursue goals related to affirma- demonstration “returning” the special tive action policy, and the protection autonomy law to the central govern- and empowerment of indigenous ment in 2010. As a result of this, the Papuans.” As of this inauguration inauguration was delayed. On 7 April, Papua now has two provincial mrps, Agus Alua passed away after a long Papua and West Papua. illness. Around 8,000 workers of pt Free- On 12 April, 73 members of mrp port Indonesia (ptfi) and its contrac- (40 Papua and 33 West Papua) were tors went on strike over a wage hike inaugurated by the Minister of Home from 4 July to 25 December 2011. Affairs Gamawan Fauzi in Jayapura. Their wages of us$1.50 per hour were On 30 May, members of the mrp considered the lowest among Free- agreed to maintain only one mrp for port’s companies outside Indonesia, both provinces. However, on 6–7 June which reached as high as us$15.00 the members of West Papua mrp, per hour. Tribal leaders and elders of led by Vitalis Yumte, Z Abidin Bay, seven Papuan tribal groups living in and Anike Sabami, decided to estab- Timika and the Freeport area sup- lish a separate mrp for West Papua ported the strike by threatening the province. Surprisingly this separate chief executive officer of Freeport body was supported by all members McMoran that if the company did of West Papuan origin. Despite the not comply with workers’ demands, 400 the contemporary pacific • 24:2 (2012) the leaders would stop Freeport’s lems were resolved, the blockade was operations. dismissed, and the strike ended. At the first negotiation on 12 July The long strike resulted in two 2011, it was agreed that the dismissal workers losing their lives. On 10 of six leaders of the workers’ union October, police troops tried to stop (spsi ptfi) would be rescinded and thousands of workers who insisted further negotiations on 20 July would on entering the mining area. A clash turn to wage issues. That negotiation was unavoidable. One worker, Petrus failed and resulted in the continuation Ayamiseba, was shot dead on the of the strike. Two efforts at media- spot. Another worker, Leo Wandagau, tion ended in an impasse. The third was shot in the back; he passed away involved officials from the Ministry five days later. It was reported that of Manpower and Transmigration in eight workers and six police agents Jakarta on 22 September. The meeting were injured. The death of Wandagau was also attended by workers’ repre- provoked more anger among workers. sentatives, Freeport management, and Thousands of them held a long march the labor departments of Papua prov- and carried his body to the local legis- ince and Mimika district. The main lative building in Mimika. issue was wages and compensation for Apart from the workers’ strike, workers’ well-being. It soon became mysterious shootings also took place clear that, even with the involvement in and around the sprawling Gras- of the government, the negotiations berg mine site. In 2011 at least nine would continue to be difficult. The different shootings occurred. There strike had halted the operation of were eight casualties including Free- the mining company—whose daily port employees and security agents on production was 3,000,000 pounds of duty. The perpetrators were labeled as copper and 5,000 pounds of gold— “unknown armed groups.” Some sus- resulting in the loss of millions of pected opm/tpn and others suspected dollars per day. an internal rivalry between the police On 12 December, the chief execu- and the army. By the end of 2011 no tive officer of Freeport Indonesia, perpetrator of the shootings had been Armando Mahler, and spsi—repre- identified. sented by Sudiro—signed an agree- Due to the failure of the police to ment that raised wages to the equiva- discover the perpetrators of the above- lent of us$2.90 per hour, an increase mentioned shootings and the violence of 37 percent—24 percent the first it conducted against the striking work- year and 13 percent the following year. ers, the police force’s relationship with Freeport also promised to improve Freeport Indonesia was questioned. It housing, educational, and retirement was reported that ptfi had allocated a allowances. However, as of 22 Decem- budget of us$79.1 million for security ber workers had still not returned agents for the period 2001–2010. The to work because there was not yet a police headquarters’ spokesperson, guarantee that contractor companies Inspector General Saud Usman Nasu- would rehire workers they had fired. tion, explained that members of the On 25 December the remaining prob- Papua police received from Freeport political reviews • melanesia 401 us$4.50 per day in addition to their onal Indonesia [tni]). This man had official daily allowance us$6.00 per around fifty fighters and at least five day. The police argued that the money guns, including an ss1, an m-16, an it had received was legal according to ak-47, and an airsoft gun. After the Presidential Decree 63 Year 2004. incident in Nafri, the police and mili- A number of civil society organiza- tary swept villages and searched for tions, mainly Indonesian Corruption the perpetrators in the forest around Watch, stated that the money Freeport Jayapura. Some said inhabitants had provided to the police was illegal. complained that during the operation Some human rights organizations houses were burned and the residents claimed that because of the money felt intimidated. paid to the police, police agents tended After some investigation, the police to take the side of the company and to suspected a group of Papuan highland- engage in abuses. ers living in Kotaraja. On 31 August a Jayapura, the capital of Papua joint operation of police and military province, experienced a degree of was conducted to arrest the perpetra- tension during July and August, when tors of the Skyline and Nafri incidents. sixteen politically motivated incidents The operation resulted in fifteen of violence occurred. Eleven people suspects being taken into custody, of were killed—seven non-Papuans and whom thirteen were later released. The four Papuans—and twenty-one people remaining two, Ekimari Kogoya and were wounded. Some non-Papuan Panius Kogoya, would soon face trial. associations threatened the govern- Baptist church leaders complained that ment, “Should the police fail to arrest the police violated standard operat- the perpetrator, we would do justice ing procedures, conducted torture, by our own hands.” Examples of the and detained a child seven or eight violence included a 6 July incident in years old. When the head of Jayapura the Skyline area in which a car was Police Resort was brought to court burned and the non-Papuan driver for a pretrial hearing, the police were killed. The perpetrators were seven accused of a criminal code violation unidentified people. In August, an by arresting citizens without a war- ambush took place in Nafri. Four non- rant. However, the judge rejected the Papuans were killed (including one charges. army soldier) and eight other people The Paniai highlands, where the were wounded. In another place, a Mee ethnic groups live, has been a site Papuan of highland origin and two of opm struggle for a long time. While coastal Papuans were killed. it had been quiet for a while this year, In the cases in which victims were some clashes did take place between non-Papuans, suspicion in Jayapura the opm fighters and the police. Ten- went to opm/tpn. However, the local sions started in February in Nabire opm commander, Lambert Pkikir, where the police arrested two locals— denied responsibility. He accused suspected as opm/tpn members— another opm fighter, Dani Kogoya, who had a bag containing a revolver, who had links with the Indonesian military helmet, and idr80 million National Armed Forces (Tentara Nasi- (10,000 Indonesian Rupiah equals 402 the contemporary pacific • 24:2 (2012) approximately us$1.10). On 13–14 The critics were concerned about the April in Moanemani, local Papuans possibility of excessive force being clashed with local police and set fire used in the sweep, victimizing inno- to a police post because the police cent civilians. It was suggested that the had confiscated a sum of gambling police give religious leaders a chance money. As a consequence two local to negotiate with John Yogi. Papuans, Otniel Yobe and Agus Pigay, At the end of the year, the police were injured. A month later another lost their patience. On 13 December, Papuan, Derek Adii, was allegedly Brimob troops under Matoa Task tortured to death after having argued Force 2011 launched an operation with a military member. Hundreds of targeting the headquarters of John Papuans organized a march and occu- and Salmon Yogi’s opm in Eduda, pied the port of Nabire in protest. Dagouto, and Komopa. Those three Real armed contact between villages had been under Yogi con- Brimob (police unit) and the opm/tpn trol for years, a legacy of John and took place at the end of July. When Salmon’s father Tadius Yogi, who had Brimob conducted operations in Madi started the resistance in 1982. Accord- village, Enarotali, of Paniai district, ing to the police estimate, Yogi’s group they confiscated 40,000 bullets, had 800 men and fifty weapons. The idr50 million in cash, twelve mobile police were sure that Yogi was respon- phones, ten bows and arrows, and sible for seizing the rifles, burning a motorbike. A month later Deiyai, two bridges, and confiscating villag- Dogiyai, and Nabire districts were on ers’ stocks. At the end of December high alert. On 15 August the situa- the villages were still occupied by the tion was exacerbated when the opm/ police. No opm fighter was reported tpn fighters under John Yogi seized in detainment. During the attack two two rifles belonging to a local police alleged opm members were killed, and post in Komopa. On the night before a number of houses were burned. Indonesian Independence Day, 17 The cycle of violence in Puncak August, armed contact occurred in Jaya did not stop either, as opm/tpn Madi subdistrict. The police did not guerillas became more aggressive. succeed in getting their rifles back. More police/tni members were vic- After the violence, the Independence timized without significant retaliation. Day ceremony became quite tense. On 11 May, a tni post in Gurage was In the beginning of September shot at a few times, but there were no 2011, Paniai Police Resort ordered casualties. Five attackers ambushed John Yogi’s fighters to return the two a police post at Mulia airport on rifles that had been seized before 7 24 June and a policeman on duty, September or the police would launch Briptu M Yazin, was shot dead after a sweeping operation through the the attacker seized his revolver. On Madi area. This threat was criticized 12 July in the Kalome subdistrict of by Kingmi church leader Benny Giay, Tingginambut, two army soldiers and provincial Parliament member Ruben a civilian were shot by an unknown Magay, and Matius Murib of the person, and on 4 August an army Papuan human rights commission. helicopter was sprayed with bullets. political reviews • melanesia 403

A wounded soldier who was being Lanny Jaya district, and West Papua evacuated in the helicopter was killed province) were held and new leaders instantly. were successfully elected. Compared During the celebration of Indone- to 2010, more violence occurred at sian Independence Day on 17 August, this year’s local elections. Maybrat shooting exchanges took place outside district, Puncak district, and Papua Mulia between tni and the opm/ province failed to hold elections, tpn. The attack, conducted by Goliat mostly due to the incompetence of the Tabuni (who is thought to control a Local Election Committee (kpu) and hundred men), was meant to disturb poor preparation. There was a legal the celebration. As tni commander question about whether one of the Major General Erfi Triassunu put it, strongest gubernatorial candidates, the “After the sweeping, one revolver incumbent Barnabas Suebu (who had was found.” Two months later, on also been governor of Papua province 24 October, a police post chief, in the 1980s), was eligible to run. Dominggu Awes, was shot dead in Governors are only allowed to serve the forehead with his own gun. The a maximum of two terms, but Suebu attackers seized his gun and escaped. argued that his term in the 1980s had After the investigation, Police Resort been under a different political system. Chief Alex Korwa said that this raid The Supreme Court found in Suebu’s was conducted by a new opm group favor, clearing the way for his candi- of about sixty men, equipped with six dacy, but most of the other candidates rifles and two revolvers. were understandably opposed to the The powerlessness of the police ruling. In Papua province, apart from continued and on 2 December two this legal limbo, there was long debate members of Brimob, Bripda Ferly and about the criteria to determine which Bripda Eko, were shot dead. Another indigenous Papuans were eligible. Brimob member who was trying to The worst election process was that pick up a wounded fellow officer was in Puncak district, where more than also shot in the thigh. The shooting twenty-seven people were killed and incident happened in Wandigobak a number of government buildings village of the Mulia subdistrict. A damaged during clashes between civilian was also victimized. On 18 supporters of various candidates. By December, a motorbike taxi rider, the end of the year the district head of Abdul Kolik (a migrant from East Jayapura was yet to be determined, as Java), was shot six times and killed in a second round of voting was sched- Usir village, Mulia subdistrict. uled in 2012. During 2011, eight local elections The Papua Peace Conference (kpp) (two provinces, five districts, and one was organized by the Papua Peace municipality) were supposed to be Network (ppn) from 5 to 7 July in held in Papua and West Papua prov- Abepura, Jayapura. The conference, inces. Despite many difficulties, dis- which ran smoothly, was organized as putes, and violent clashes (especially a way for Papuans to discuss prospects in Lanny Jaya district), four elections for a dialogue process as the best way (Jayapura municipality, Sarmi district, to solve the Papua conflict. About 404 the contemporary pacific • 24:2 (2012) eight hundred participants came from require an external party to resolve the different districts all over Papua, issue.” Despite differences regarding with the ppn providing transport the meaning of “dialogue,” the ppn and accommodation. Both parties succeeded in widening the dialogue to the conflict were present, includ- discourse, not only among civil society ing pro-independence leaders such as and religious organizations, but also Socratez Sofyan Yoman and Forkorus in government and military institu- Yaboisembut and the Indonesian tions. Talk about dialogue became coordinating minister of political and common after President Yudhoyono legal affairs accompanied by ten high himself stated on 9 November that officials. Moreover, Papua Governor his government was prepared to hold Bas Suebu, Papua Military Com- open dialogue with Papuan leaders. mander Erfi Triassunu, and Papua US Secretary of State Hillary Police Chief Bekto Suprapto each Clinton raised the issue of the Papua contributed a speech. The conference problem, especially the protection of succeeded in formulating indicators of human rights, and showed her sup- peace in Papua. port for open dialogue before For- kpp participants, who were mostly eign Affairs Minister Natalegawa in supporters of independence, also a speech at the East-West Center in announced a “peace declaration.” The Hawai‘i. The statement interestingly declaration emphasized that dialogue incited many rumors in Papua, spread was the best means to end the Papua among Papuans via short messages, conflict. However, stark differences of concerning US involvement in the opinion over the meaning of “dia- cause. It was rumored that the US logue” were apparent. On one side, in government had discussed the Papua the mind of Papuans, dialogue meant People Congress III and the future negotiation, which would be medi- of Papua independence in the White ated by a neutral third party outside House and that the US military had Indonesia. On the other hand, the deployed ships to one of the ports in central government viewed dialogue as Papua in order to help Papua pursue a series of “constructive communica- its independence from Indonesia. tions” between Papuan leaders and In September, while the media the government in order to improve published a lot of commentary about policies for Papua and West Papua the Jakarta-Papua dialogue, a number provinces. of pro-Independence Papuan leaders Since the beginning, the Indone- declared themselves the “Papua Col- sian government has insisted that the lective Leadership” and announced Papua problem is a domestic affair their plan to organize the Papua and has rejected internationaliza- People Congress III on 16–19 Octo- tion. This position was underlined ber 2011. The collective leadership by Indonesian Foreign Affairs Min- consisted of Forkorus Yaboisembut ister Marty Natalegawa when he (Papua Customary Council [dap]), said, “Concerns about human rights Edison Waromi (West Papua National violations are being handled by the Authority), Albert Kailele, and Eliezer Jakarta Government and do not Awom (Tapol/Napol). The plan saw political reviews • melanesia 405 both supporters and detractors within The police and military action pro-independence groups. The West provoked a violent clash and took Papua National Committee (knpb), six Papuan lives. About 250 Papuans the Papua Presidium Council (pdp), were interrogated and released, with and various factions of opm/tpn, only five suspects being arrested; especially those under the leadership Forkorus Yaboisembut (president of of Lambert Pkikir (Jayapura) and the newly proclaimed state), Edison Salmon Yogi (Paniai), openly rejected Waromi (prime minister), August the congress, while the dap, with Kraar, Dominikus Surabut, and Selfius Forkorus acting as chairman, also Bobii were charged with subversive formally rejected the plan. The dap, acts under Article 106. whose chairman Forkorus unilaterally Law 21/2001 on Papua special supported the congress but did not autonomy has been in place since have the support of the council as a 2001, but implementation of it is con- whole, also formally rejected the plan. sidered to have failed. Realizing the It was evident that the legitimacy of problem, in 2007 the president issued the congress among the pro-indepen- Presidential Decree 5/2007, which dence groups was very low. sought to accelerate development The congress failed to get a permit in Papua. The decree, however, did from the police and did not have a not have any significant effect on the large enough budget to rent the venue. implementation of special autonomy. However, the congress went ahead, This year the government realized that using Zakheus field instead of a big one of the most important problems building at Universitas Cenderawasih not being addressed is the political and planned for around 5,000 partici- one. With this in mind, the president pants. On the first day, 17 October, launched Presidential Regulations 65 the Morning Star flag (the controver- and 66/2011, which established the sial symbol of an independent Papua) Unit for Acceleration of Development had already been hoisted but the in Papua and West Papua (up4b) and police did not react. Approximately included political policies (human 2,200 security forces (police and rights, reconciliation, and dialogue). military) watched the event. Previ- The main task of up4b is to help ously the organizing committee had the president coordinate and synchro- stated that the agenda of the congress nize plans in an effort to facilitate and would focus on special autonomy control the implementation of acceler- and that a number of Indonesian high ated development in Papua and West officials would be invited. But on Papua provinces in the 2011–2014 the contrary, the congress stated that period. It is intended to coordinate, Papuans rejected the sovereignty of synchronize, and evaluate plans for Indonesia over Papua and proclaimed budget and program implementation the Federal State of West Papua on 19 among ministries, government insti- October 2011. This verbal statement tutions, private companies, funding was taken as a subversive act by the agencies, and other sectors referred police, who then finally disrupted the to in various action plans. It is also congress by force. supposed to assure the implementation 406 the contemporary pacific • 24:2 (2012) of sustainable development, improved Free West Papua. http://centraldemokrasi institutional capacity building, and .com/ increasing the synergy among local Coordinating Ministry for Political, Legal government officials and customary and Security Affairs. 2011. Interview with associations, nongovernmental orga- key official, July, Jakarta. nizations, and religious organizations. Detikcom. Indonesian online news portal. Finally, it is to develop constructive http://www.detiknews.com/ communication with Papuan commu- nities. Djonga, John. 2011. Interview with author, August, Jayapura. The president appointed Bambang Darmono to head up the up4b unit, icem, International Federation of Chemi- which was given an initial term of cal, Energy, Mine and General Workers’ only three years. This retired army Unions. http://www.icem.org/ general was Operation Commander in Indonesian Constitutional Court. Aceh during Aceh martial law 2002– http://www.mahkamahkonstitusi.go.id/ 2003. He was also a representative Indonesian Ministry of Human Affairs. of Indonesia in the Aceh Monitoring http://www.depdagri.go.id/ Mission in 2005. Besides addressing International Crisis Group. 2011. Indo social and economic issues, the unit is nesia: Hope and Hard Reality in Papua. tasked with a political target—prepar- Asia Briefing No 126, 22 August. ing “dialogue” between the govern- http://www.crisisgroup.org/en/regions/asia/ ment and the leaders of Papua. The south-east-asia/indonesia/B126-indonesia president also appointed Farid Husain, -hope-and-hard-reality-in-papua.aspx/ a well-known peacemaker during the [accessed 10 April 2012] Aceh peace process, to help with this Jakarta Post. Daily. Online at peace agenda. Husain was assigned to http://www.thejakartapost.com/ make approaches to pro-independence jpnn, Jawa Pos National Network. leaders. http://www.jpnn.com/ muridan s widjojo kbr68h radio news agency. http://www.kbr68h.com/ Much appreciation to Aisah Putri Kompas. Daily. Jakarta. Online at Budiatri, who helped collect materials http://www.kompas.com/ and edit references for this review. MediaIndonesia.com. http://www.mediaindonesia.com/ References Media Survei Center Indonesia. http://www.mediasmscenter.com/ bbc, British Broadcasting Corporation. MetroTVNews.com. http://www.bbc.co.uk/ http://www.metrotvnews.com/ Bintang Papua. Daily. Jayapura. Okezone Indonesia. Indonesian online http://bintangpapua.com/ news and entertainment site. http://news. Cenderawasih Pos. Daily. Jayapura. okezone.com/ http://www.cenderawasihpos.com/ PolMark Research Indonesia. Central Demokrasi. Website sponsored by http://www.polmarkindonesia.com/ political reviews • melanesia 407 rmol, Rakyat Merdeka Online. aging events and decisions are high- http://www.rakyatmerdekaonline.com/ lighted in this review as well. Political Script Survei Indonesia. developments throughout 2011 again http://scriptintermedia.com/ confirmed the adage that in Solomon Islands politics “anything is possible.” Suara Merdeka (Voice of Freedom). Daily. After the national general elections Jakarta. Online at http://suaramerdeka .com/ and the election of the prime minister in late 2010, the ruling National Suara Pembaruan (Voice of Renewal). Coalition for Rural Advancement Daily. Jakarta. Online at http://www (ncra) and the official Opposition .suarapembaruan.com/ were closely matched in terms of Tabloid Jubi Online: An Alternative membership strength. For instance, Media in Tanah Papua. at one point in February 2011, http://www.tabloidjubi.com/ then-Opposition leader Steve Abana tempo.co. Indonesian weekly magazine. claimed that the two sides were even, http://www.tempo.co/ at 24–24 (sibc, 3 Feb 2011), but there were uncertainties over the real tempo Interaktif. http://www .tempointeraktif.com/ allegiances of some members of Parlia- ment. Prime Minister Danny Philip vivanews.com. http://www.vivanews.com/ and his advisers were very tactful in Voice of America. http://www.voanews maneuvering through this volatile .com/ environment after the 2010 elections. Even as citizens anticipated an imme- West Papua’s People’s National Recon ciliation Team. 2011. Press conference, diate fall of government, new minis- 22 August. ters from the Opposition side of the House were sworn in to replace those who defected. The first sign of a crack in the Philip-led ncra government appeared Solomon Islands when Minister for Forestry Bodo Like the preceding year, 2011 was Dettke was relieved of his portfolio. It politically intense for Solomon Islands, was alleged that Dettke was overseas marred by political instability and when his sacking was announced, and the actions of citizens frustrated over he protested, asserting that he had leadership neglect of pertinent issues. been sacked for ordering the seizure The year’s most dramatic events were of logs from mv Pacific Banghu in related to the ongoing and never- the Western Province a few months ending “musical-chairs politics” of earlier. Despite that assertion, people National Parliament. Moreover, there felt that his initial appointment as was a change in the leadership of minister for forestry had bordered the ruling government. Also notable on a conflict of interest, as he owns were the activities of nongovernment the Success Logging Company (The organizations and civil society groups Age, 1 Sept 2010). Nevertheless his in pursuit of a better life and services ministerial appointment had gone for Solomon Islanders. Some encour- through, along with those of some 408 the contemporary pacific • 24:2 (2012) other newly elected members of Parlia- which was highly controversial and ment of questionable character. These received an immediate rebuttal from included Jimmy Lusibaea, a former the Australian government. This militant who was then facing murder “secret intelligence report” suggested charges; Mark Kemakeza, who has that the Australian Labor Government an unresolved case of abuse of funds was behind moves to topple the ncra for fisheries projects in his constitu- and that their choice for prime minis- ency; and Snyder Rini, the short-lived ter was Opposition member Matthew prime minister ousted by popular riots Wale. It further alleged that Australia in 2006 over corruption allegations. promised a reward of si$200,000 to Their appointments as ministers made each government member of Parlia- the initial formation of ncra some- ment who would cross the floor. what unpopular. Moreover, it claimed that Australia The “musical chairs” in Parlia- had set aside si$20 million in in-kind ment continued into the first half and monetary support to the Opposi- of 2011. While the government and tion for this cause (isn, 8 Feb 2011). Opposition were matched in numeri- The Australian government and the cal strength, Prime Minister Philip coordinator of the Regional Assistance kept the country in suspense and Mission to Solomon Islands (ramsi), delayed the parliamentary sitting until who were both implicated in the March. Meanwhile, the prime minister report, strongly denied the allegations, seemed to have been having difficul- and in Canberra, the Solomon Islands ties in appointing ministers to head high commissioner was summoned to vacant ministries. His special secretary, explain the basis of the report (sto, Andrew Muaki, responded to this and 9 Feb 2011). Wale ultimately sued the delayed sitting by saying that “the Sasako; the court held him partly four vacant ministries have already accountable for the report, and on 24 been filled up by acting ministers” November 2011 he was ordered to (pina, 3 Feb 2011). When six govern- pay si$5,000 in nominal damage plus ment ministers moved to the Opposi- costs to Wale (ssn, 28 Nov 2011). tion, the Philip-led government nearly Security continued to be a national collapsed, but the insecurity was concern throughout the year, espe- rectified by a countermovement of six cially when the government and Opposition members of Parliament to ramsi broached the topic of a transi- the government camp. By April 2011 tional phase for the regional interven- Prime Minister Philip had a majority tion project. Rumors about ramsi’s to rule at least for a little longer. eventual exit have been floating Besides having to live with numeri- around for a number of years, but in cal uncertainty, a string of allega- December 2011, the cabinet endorsed tions of corruption and use of insider a plan that laid the foundations for information did not improve the what will be the gradual drawdown ncra’s negative image. For instance, of ramsi’s presence in the country. there was the so-called Intel Report Tasks regarded as outstanding from by the prime minister’s press secretary the work of ramsi will be redesigned and veteran journalist Alfred Sasako, and channeled through normal Aus- political reviews • melanesia 409

AID and NZAid activities. Ultimately, less, the cabinet has authorized the funding that comes under ramsi Police Response Team to use nonlethal will decrease, since tasks will now be weapons to practice and deal with handled under bilateral arrangements public disorder situations (sibc, 8 (sto, 6 Dec 2011). Earlier in the year, March 2012). a leaked cable revealed the United Constitutional reform efforts and States diplomatic assessment that processes also featured throughout ramsi had failed to establish stability 2011. The Constitutional Congress in the country and had wasted at least and the Eminent Persons Advisory a billion dollars of Australian taxpay- Council, who are responsible for ers’ money. The cable claimed that ensuring that the draft constitution Solomon Islands would relapse into undergoes a thorough consultative turmoil as soon as ramsi left (sto, process, met during the year. Reports 30 Aug 2011). Despite this negative coming from the Prime Minister’s view, many Solomon Islanders have Office indicated that the process for appreciated the efforts of ramsi so far, the draft to reach Parliament is on and there was an air of unease on the schedule. Since the consultations announcement of ramsi’s transition involve a lot of money in the form and ultimate withdrawal. of imprests (ie, advances or loans Another major issue that drew of money), the Ministry of Finance public debate was that of rearming offered a workshop in July to educate the police force. This debate has been provincial and Honiara City Council ongoing since ramsi’s intervention team leaders on the financial pro- began in 2003. Police rearmament is cesses regarding the standing imprest a national security concern because arrangements. This is to ensure that the police force was compromised team leaders properly account for during the Guadalcanal tensions. In money they use to carry out the last 2007, then–Prime Minister Manasseh stages of their constitutional reform Sogavare had to back down from his consultations (isn, 13 July 2011). plans to rearm police because of heavy Choiseul province held its Provincial criticism from trade unions, churches, Convention on the draft constitu- and Australia (sibc, 26 Feb 2011). In tion late in 2011, and the other nine a recent statement after riots on the provinces and Honiara city will do day of his election as prime minister, the same in 2012. It is anticipated that Gordon Darcy Lilo announced that a national convention on the draft rearmament of the police would take constitution will take place in the lat- place but that it would be approached ter part of 2012 before a final draft is cautiously (sto, 16 Jan 2012). Soga- submitted to the cabinet for endorse- vare welcomed the announcement, as ment and to Parliament for a decision it confirmed his earlier attempt, but at the end of 2012. another former member of Parliament, Women in leadership, especially the Peter Boyers, expressed the opinion idea of reserved parliamentary seats that police officers would not be ready for women, also gained prominence in for rearmament for another six to ten 2011. Although an attempt by female years (sto, 13 Jan 2012). Neverthe- candidates in 2010 to gain seats in 410 the contemporary pacific • 24:2 (2012) the national Parliament was unsuc- Dec 2011). Although nothing spe- cessful, women leaders felt that they cial was mentioned about this new learned something from that experi- relationship, the respective countries’ ence. Permanent Secretary for Women, ambassadors to the United Nations Youth, Children and Family Affairs expressed optimism that the rela- Ethel Sigimanu commented that tionship will grow from strength to women should have reached as many strength and evolve for mutual benefit. people as possible in the country who Another diplomatic relationship being understood and supported Temporary explored was that with Russia. Rus- Special Measures (tsm). She argued sia’s recent interest in the small Pacific that “the tsm submission could not Island countries has drawn com- be taken to Cabinet because the voices ment from scholars such as Michael against it were stronger than the O’Keefe, who explained it as “a larger voices for it” (sibc, 23 July 2011). global geopolitical contest being She also complained by raising this played out in the Pacific” (2012, 27). question: “While we pride ourselves Initial talks between Solomon Islands for having a democratic system of and Russia took place in 2011 on the government why has there been only sidelines of the UN General Assembly one woman in parliament since this in New York. The proposal was fur- country gained independence and why ther deliberated in early 2012 in Nadi, so much opposition during the cam- Fiji, by Russian Foreign Minister Ser- paign for ten reserve seats for women gey Lavrov and his Solomon Islands in parliament?” (ssn, 21 March 2011). counterpart, Peter Shanel Agovaka Even National Parliament Speaker Sir (sto, 7 Feb 2012). Unfortunately, Allan Kemakeza observed that women the potential diplomatic relationship were unfairly represented in “Par- came to a halt after Shanel was sacked liament, Cabinet and the Judiciary, for taking it on himself to discuss the and something must be done about possibility of ties with Russia, when it now” (sibc, 29 Sept 2011). Since affiliations with other countries are taking over the helm from Danny the responsibility of the cabinet col- Philip, Prime Minister Gordon Lilo lectively (ssn, 23 Feb 2012). Shanel announced that ten reserved seats will has since been replaced by Clay Forau be allocated for women, who will as minister for foreign affairs and contest these seats during national external trade. elections. He further explained that There were also positive develop- the plan is to allocate “one reserved ments in 2011. In terms of economic seat per province with the seat rotat- development, Solomon Islands pro- ing amongst the province’s constitu- gressed well, albeit slowly. In its quar- encies each election” (sibc, 2 March terly review of June 2010, the Central 2012). Bank of Solomon Islands (cbsi) On the diplomatic front, Solomon anticipated a modest recovery in the Islands made some notable progress economy. According to the Central in the year. First and foremost was Bank, the positive forecast is “attrib- the establishment in December of uted to improvements in the capital diplomatic ties with Nepal (sto, 19 and financial accounts, including the political reviews • melanesia 411 increase in donor and investment from economists and the Opposition. inflows, and a rise in export receipts Former Prime Minister and Finance which contributed to this strong Minister Manasseh Sogavare voiced performance” (cbsi 2010). In late concerns on how this move could 2011, the commercial banks were also affect investment and donor support. commended for lowering their lending He stressed that this dollar apprecia- rates by almost 2 percentage points, tion has direct implications for the allowing local investors to access budget and asked the attorney general cheaper funds for capital. Congratu- to advise on the legal implications lating the commercial banks on that of this sudden change in government move, the cbsi governor emphasized, policy for signed contracts (sto, 15 “It is an indication that the risk profile June 2011). Dr Sunil Kumar, a senior of Solomon Islands, especially the lecturer of economics at the University risk of doing business in the country of the South Pacific, also advised that is improving” (sto, 13 Oct 2011). such a move needs proper guidance The International Monetary Fund from the government. He explained predicted a growth in gross domestic that “apart from negative export if product of 5.6 percent in 2011 and not guided properly, the capital inflow 6.1 percent in 2012, although other into the country could decline which is sources anticipated more sluggish a serious problem as the country needs growth (Pritchard 2012, 69). more capital inflow to improve its Certain developments in the areas infrastructure, which may then dimin- of currency valuation and credit ish investor confidence in the country” facility arrangements also took place (sto, 22 June 2011). during the year. In November, then– Throughout the year, several other Minister for Finance and Treasury decisions were made and arrangements Gordon Darcy Lilo revealed that ncra entered into that could have important had reached an agreement with the implications for people’s livelihoods. International Monetary Fund on a These included the government’s reform program to be supported by a income tax reform, the rehabilitation precautionary Standby Credit Facility. of the cattle industry, and the open- He stated that “the agreement focused ing up of Australia’s Pacific Seasonal on the policy mix that could help the Workers Scheme to complement that Solomon Islands improve its resilience of New Zealand. The new ncra to external shocks and achieve sus- government under the leadership of tainable and inclusive growth in the Prime Minister Lilo announced some medium term” (sibc, 4 Nov 2011). changes to the Pay as You Earn (paye) In another controversial move, the tax in December 2011. Minister for Philip-led government appreciated the Finance Rick Hou announced an Solomon dollar by 5 percent. Accord- increase in the income tax exemption ing to the then–minister for finance, threshold from si$7,800 dollars to the action would alleviate inflationary si$15,080 dollars (ssn, 2 Dec 2011), pressures affecting the rural populace which was implemented in January (sto, 14 June 2011). This govern- 2012. Minister Hou explained the ment move raised a few questions move, stating that “if any tax payer 412 the contemporary pacific • 24:2 (2012) earns $580 dollars per fortnight managed, could assist some Solomon income and below [, his/her] income Islanders in terms of remittances will be exempt from paying Pay As to their families back home. The You Earn (paye) tax” (sto, 2 Dec scheme expects to recruit up to 2011). There were positive reactions 2,500 workers from the participating to this announcement from all sectors countries in a given year (ssn, 14 Dec of the working community. 2011). The cattle industry was a promi- Despite these positive develop- nent industry in Solomon Islands until ments, the year was also marred with the 1998–2003 tensions destroyed the allegations of official corruption and cattle-breeding ground at Tenavatu maladministration by political lead- on Guadalcanal. Earlier attempts to ers. For instance, the awarding of rehabilitate the cattle industry were the contract to construct the PNG hampered by allegations of corrup- chancery building and directives by tion, as a si$10 million grant for that then–Prime Minister Danny Philip purpose was poorly administered for the Solomon Islands Electricity (ssn, 15 March 2010). The current Authority (siea) to be lenient with a regime was successful in its bid to company with outstanding electricity rehabilitate this industry, as in late bills were both controversial. These 2011 the minister for agriculture and decisions tarnished the public image livestock, with the cabinet’s approval, of the Philip-led ncra government. imported 400 head of cattle from In August 2011, Douglas Ete, mem- Vanuatu (sibc, 7 Nov 2011). There ber of Parliament for East Honiara, have also been budgetary allocations revealed that Philip had engaged targeting the improvement of cocoa in “wantokism” (ie, nepotism) by and coconut plantations, which, if directing the chair of the siea Board implemented, could improve income to reconnect the supply of power to and livelihoods in the rural areas. X-field Confectionery Limited, a pri- Although the initiative was outside vate company owned by his close rela- their control, the ncra entered into tive. The company owed something and signed a deal with the Australian like si$2.8 million and Philip prom- government in December 2011 for ised to meet part of that with funding a Pacific Seasonal Workers Scheme. from Taiwan (sto, 17 Aug 2011). The Solomon Islands government A similar story was told about the responded quickly and positively granting of a contract to Transworld to an invitation by the Australian Construction to renovate the prime government to participate. Other minister’s official residence, commonly Pacific Island nations who are already known as the “Red House.” It was in the scheme are Nauru, Sāmoa, alleged that Transworld was given the and Tuvalu. Compared to people contract without a formal bid. This in other countries in Polynesia and was despite the fact that Transworld Micronesia, Solomon Islanders do had messed up the construction of not have access to labor markets the PNG chancery building. On in other metropolitan countries, closer assessment, the owner Johnson and this opportunity, if properly Turueke is a relative of Philip (isn, 21 political reviews • melanesia 413

Oct 2011). These and other decisions deportation of Julian Moti from Solo- made by the then–prime minister and mon Islands was illegal and Moti said his officers were not very helpful in he plans to sue the Solomon Islands easing the pressure on the government government (sto, 12 Dec 2011). In a at a time when number politics was similar fashion, the 2005 government critical. The ultimate losers of course ban imposed on the export of dol- are citizens of Solomon Islands who phins was also found illegal in 2011, do not benefit from better government and the government was required to services. pay the dolphin exporter si$10 mil- Despite a tumultuous year, Prime lion for damages (sto, 17 Jan 2012). Minister Philip managed to hold on The current government will have to until serious allegations regarding sort out these and similar messes this his competency and tendency toward year, as the sacking of ministers and nepotism forced him to resign. Before the crossing of members of Parlia- his resignation, he had fired his ment from the Opposition to the finance minister, Gordon Darcy Lilo, government and vice versa seem to be and Rick Hou, who had been minis- chronic. If the 2011 trend continues in ter for public service. This was after 2012, then little progress will be made another three of his ministers resigned, on the highly publicized programs of citing allegations of abuse of the prime the Lilo-led ncra government. minister’s discretionary funds (ssn, 11 gordon leua nanau November 2011). The sacking of Lilo and Hou was said to be over their part in orchestrating a plan to overthrow References Philip’s leadership, an allegation they both denied (sto, 11 Nov 2011). The Age. Daily newspaper, Melbourne. The resignation of Prime Minister Online at http://www.theage.com.au/ Philip saw the regrouping of ncra and cbsi, Central Bank of Solomon Islands. the subsequent election of Gordon Quarterly reviews. Online at http://www Darcy Lilo as the new prime minister .cbsi.com.sb/index.php?id=106 of Solomon Islands on 16 November ———. 2010. cbsi Press Release 16/2010. 2011. He appointed Rick Hou, a 12 October. http://www.cbsi.com.sb/ former governor of the Central Bank, fileadmin/press_releases/2010-16.pdf as his minister for finance. All other ministerial portfolios were retained isn, Island Sun News. Daily newspaper, Honiara. Online at http://www.islandsun by ministers who had either resigned .com.sb/ under Philip’s reign or had remained with him till his resignation. In effect, O’Keefe, Michael. 2012. A New Era the former captain was allowed to of Geopolitics in the Region. Islands leave while the old crew remained, Business, March: 27–28 with Lilo now at the helm. pina, Pacific Islands News Association. Miscalculated decisions from Daily Internet news service, Suva. previous administrations are now http://www.pina.com.fj/ haunting the ncra. For instance, the Pritchard, Chris. 2012. “Hapi Isles” high court determined that the 2007 Maintain a Fragile Calm. Global: The 414 the contemporary pacific • 24:2 (2012)

International Briefing First Quarter 2012: appeared to have misled Natapei on 68–72. his departure from Vila into believ- sibc, Solomon Islands Broadcasting ing that he could be trusted to defend Corporation. Daily Internet news service, their existing partnership in the face Honiara. http://www.sibconline.com of the ouster motion. Several months later, however, Kilman revealed to the ssn Solomon Star News. Daily news- , press that the turn of events in early paper, Honiara. Online at http://www .solomonstarnews.com/ December had not simply happened out of the blue but was the result of sto, Solomon Times Online. Daily Natapei’s failure to live up to an early Internet news service, Honiara. promise to redistribute ministerial http://www.solomontimes.com/ portfolios within the coalition more equitably. Several letters sent to the prime minister requesting action had been ignored. Kilman was obviously Vanuatu under pressure from his own people The relative political calm during the to act, and Natapei’s intended absence early weeks of 2011 was deceiving, at the moment a vote of no confidence given the controversy surrounding the had been tabled obviously provided change of government that had taken the opportunity to resolve the problem place the previous December (see (vdp, 28 April 2011). The events that Van Trease 2011). Having survived followed would seem to indicate that in office since the last national elec- there had been prior planning, and it tion in September 2008, a period that is therefore understandable that Nata- included several changes to coalition pei and the vp leadership felt betrayed partners, the Vanua‘aku Pati (vp)–led and deceived by Kilman’s final words government under Prime Minister to Natapei on his departure that Edward Natapei was ousted in a vote December morning. Political betrayal of no confidence and replaced by his is not uncommon in Vanuatu politics, deputy, Alliance Group leader Sato but the fact that this had occurred Kilman on the afternoon of 2 Decem- on such a personal level created an ber 2010, shortly after Natapei left the obvious desire for revenge that would country, having received assurances lead to an unprecedented period of from Kilman that the pending no- political instability in the months that confidence motion was under control. followed. That afternoon, however, once Parlia- Rumors began to surface in Janu- ment had convened, the Speaker took ary that moves were afoot to table the unusual step of banning all media a motion of no confidence against and the public from the chamber. At the new Kilman government, but the that point, Kilman and his Alliance Opposition did not have the numbers Group crossed the floor to join the to act, and the Union of Moderate Opposition. The vote of no confidence Parties (ump) dismissed the rumor that was carried with 30 votes in favor, 15 it would be leaving the government against, and 7 abstentions. (vdp, 15 Jan 2011). However, the On first impression, Kilman decision by the Council of Ministers political reviews • melanesia 415 to postpone the first sitting of Parlia- prime minister, and Natapei got assur- ment, which was to take place on 21 ances from the president, Iolu Abbil, January, indicated growing concern that he would not dissolve Parliament that certain backbenchers could be unless the situation became seri- looking for new opportunities and ous (vdp, 15 Feb 2011). The prime might be susceptible to offers from the minister’s public relations officer, Opposition (vdp, 20 Jan 2011). Richard Kaltongga, protested that This was indeed the case. On 12 the visit by the leader of the Opposi- February, the two ump ministers in the tion to the president was inappropri- government, Serge Vohor and Charlot ate at this time, as the Constitution Salwai, resigned to join the Opposi- of the Republic of Vanuatu states tion, taking their members with them clearly, “The President of the Repub- and complaining that the sharing of lic may, on the advice of the Council the thirteen ministerial portfolios per- of Ministers, dissolve Parliament” mitted under the Vanuatu Constitution (article 28[3])—not on the advice of had not been done fairly. The ump, the Leader of the Opposition (vdp, 17 with eight members of Parliament, the Feb 2011). In the meantime, Kilman single biggest party in government, sought to salvage the situation by had been given only two ministries. quickly filling the two vacant ministe- The Alliance, the largest bloc (made rial positions: one went to a vrp mem- up of Kilman’s People’s Progressive ber, Marcellino Pipite, who was not Party [ppp] with three members of prepared to follow Korman into the Parliament and various other small Opposition, thereby revealing a split parties and independents) had ten in the vrp that had been brewing for members in total and five portfolios. some time (vdp, 19 Feb 2011). With Ham Lini’s National United Party the return of several other supporters (nup), with only three members of to the government camp, Kilman was Parliament, had two ministries—the able to secure the requisite numbers, same number as the ump—and the and the Opposition withdrew the Vanuatu Republican Party (vrp) motion of no confidence (vdp, 22 Feb had one ministry plus the position of 2011). Speaker. The Harry Iauko faction of Kilman’s struggle to maintain his the vp, with only three members of majority in Parliament was made even Parliament, had two ministries, and a more difficult by an incident involv- group of independents had one (vdp, ing Harry Iauko, minister of public 12 Feb 2011). Kilman responded by works and leader of the vp break- hinting that he might seek a dissolu- away faction. On 4 March, Iauko tion of Parliament rather than allow a led a group of men to the office of new round of political instability (vdp, the Vanuatu Daily Post, assaulted 14 Feb 2011). the publisher, Marc Neil-Jones, and In anticipation of a successful chal- threatened the editor and other staff lenge, Serge Vohor (ump), Edward over articles published in the news- Natapei (vp), and Maxime Carlot paper. The articles were critical of Korman (vrp) signed an agreement Iauko’s handling of land issues while that would see Vohor take over as he was minister of lands and of his 416 the contemporary pacific • 24:2 (2012) suspending the board of Air Vanuatu 2011). This was a shocking response, while he was minister of public works to say the least. and infrastructure. The Daily Post Criticism of the government’s had also published critical articles failure to deal with Iauko continued by Transparency Vanuatu as well as to appear in the paper until late June anti-Iauko letters to the editor (vdp, when the case was brought before a 5 March 2011). Indeed, on the day senior magistrate. Iauko and his sup- of the assault, Transparency Vanuatu porters were found guilty of assault specifically mentioned Iauko’s alleged and received fines ranging between “corrupt land dealings” and a recom- 15,000 and 85,000 vatu—roughly mendation by the Ombudsman that us$175 to $900. Iauko was fined the “Public Prosecutor investigate 5,000 vatu (us$60) for aiding and criminal proceedings” against him abetting damage to property and (vdp, 4 March 2011). 10,000 vatu (us$110) for aiding and Response to the assault was imme- abetting intentional assault. Neil- diate. Neil-Jones vowed to pursue Jones expressed his disappointment at the assault case in court, stating that the result, noting that the fines were “Iauko should be sacked” and that small given the gravity of the offenses the case was an obvious “criminal and that he would likely appeal the offense” and a “serious breach of sentences (vdp, 30 June 2011). Neil- the leadership code” (vdp, 7 March Jones’s disgust with the outcome of 2011). In a letter to the prime minister, the case is understandable, as he had printed in the Daily Post¸ the chair- also suffered an assault in 2009 by man of the Pasifika Media Association members of the Correctional Services (pma), Savea Sano Malifa, expressed over articles published in the Daily how “deeply disturbed and saddened” Post that revealed their alleged poor the pma was about the “unjustified performance. To this day, the courts acts of violence” perpetrated by a have not dealt with that case (Van minister of the Vanuatu government Trease 2009, 474). and others against the Daily Post pub- Attacks on the media are an ongo- lisher and urged him to allow “justice ing issue in Vanuatu, and the decision to prevail” (vdp, 9 March 2011). The by Prime Minister Kilman not to disci- response from the prime minister’s pline a minister involved in an alleged office was that the government was criminal act—not uncommon in the aware of concerns about the assault country’s political history—dem- from media organizations in the onstrates the damage done by years region, but it was up to the publisher of political instability and coalition to take the case to court. The prime governments. When it came to taking minister’s public relations officer also a clear stand in support of media free- cautioned that “the public have their dom by disciplining a member of his right and freedom to write or say coalition, the prime minister could at what they want but they also must be least have suspended him pending an prepared to answer their critics or face investigation and court action, but he any consequences that may arise from chose not to risk his majority. While those they upset” (vdp, 11 March this move secured political power in political reviews • melanesia 417 the short term, it has the clear poten- Maxime Carlot Korman, declared in tial of undermining one of the key pil- order a motion of no confidence in lars of Vanuatu’s democracy. Prime Minister Sato Kilman signed In the midst of the controversy by twenty-seven members of Parlia- over the attack on Neil-Jones, the ment. The parties behind the motion prime minister moved to shore up included the vp, ump, National his majority by replacing the Labor Community Association, Peoples Party in his coalition with the vrp. Action Party, and Labor Party, but it Kilman removed Labor Party Minister appeared that some government sup- for Justice and Community Services porters might have crossed the floor Ioan Simon (from Epi); moved Ralph as well (vdp, 15 April 2011). Indeed, Regenvanu, president of the Graon mo the vrp was in disarray, with several Jastis Party (gmj) from the Ministry members of Parliament moving to the of Lands to the Ministry of Justice; Opposition side, including Minister of and installed the vrp member from Lands Carlot, who resigned from the Efate, Alfred Carlot (nephew of the Kilman coalition to sign the motion party’s president, Maxime Carlot and then rejoined the government on Korman) in Regenvanu’s place at the the following day. The rumor going lands ministry. The reason given for around was that he had been sum- dropping Labor from the coalition— moned by his uncle, the Speaker, to there were two additional members of sign the motion but then rebelled and Parliament associated with Simon— subsequently withdrew his signature. was that they had signed the recent Indeed, Carlot filed a case in the failed motion of no confidence. The Supreme Court on Saturday, 23 April Daily Post reported, however, that 2011, claiming that he did not sign the three sacked members of Parlia- the motion as stated by Natapei. The ment, including the party president, Supreme Court, however, decided that Joshua Kalsakau, were dissatisfied the motion of no confidence in Prime with an attempt by Regenvanu as Minister Kilman was in order (vdp, minister of lands to put in place vari- 25 April 2011). ous land reforms. On 18 February, With the tussle for numbers inten- he had imposed a temporary hold sifying, the Opposition gathered its on the registration of all land deal- members at a local tourist resort in ings to allow for the introduction of Port Vila to reduce the chance of their new administrative procedures. Three being enticed into joining the govern- weeks later he was reshuffled out of ment side. The reason given by the the Ministry of Lands, at which point Opposition for depositing the motion the temporary hold he had instituted was that Kilman should not hold the was lifted. (vdp, 12 March 2011). office of prime minister because he A few days later, Kalsakau had stabbed his predecessor Natapei announced that he had placed his in the back when he was out of the signature on an Opposition-sponsored country, resulting in the successful motion of no confidence (vdp, 16 vote of no confidence on 2 December March 2011), and on the afternoon of 2010 (vdp, 16 April 2011). 14 April, the Speaker of Parliament, Significantly, there was no men- 418 the contemporary pacific • 24:2 (2012) tion from the Opposition of Kilman’s Parliament will reconvene three days recent controversial decision to side later, at which time a simple major- with Fiji’s strongman, Frank Baini- ity of members would then constitute marama, in support of Indonesian a quorum. The Speaker, therefore, observer status in the Melanesian scheduled the next meeting for 24 Spearhead Group (msg). It was April, which was Easter Sunday. By reported in the Daily Post that the that time, it was confirmed that the granting of observer status to Indone- vrp had split, with four members sia and Timor-Leste had been agreed remaining on the government side and to in an “out of session meeting” by two others—mps Dominique Morin foreign affairs officials from msg and Jossie Masmas— siding with the countries two weeks earlier in Nadi, Opposition. In addition, the Opposi- following the msg meeting in Fiji on tion at the time was comprised of 10 30 March. Kilman’s decision received ump members, 9 vp, 3 Labor, 1 Peo- significant criticism from the Vanuatu ple’s Alliance Party, and 2 National public and politicians on both sides, Community Association (vdp, 23 who saw it as undermining the West April 2011). Speaker Korman was also Papua position. The Daily Post asked a member of the vrp and, as evi- why Prime Minister Kilman had not denced by his effort to get his nephew told his government colleagues earlier to sign the motion of no confidence, about the decision before the Coun- also supported the Opposition. cil of Ministers voted to purposely When Parliament convened on instruct him to vote against any msg Easter Sunday, all 52 members of decision to invite Indonesia to join Parliament were present including (vdp, 1 April 2011). The fact that the Speaker. The vote in favor of the this was not given as a reason for the motion of no confidence was 26 in motion of no confidence is evidence favor and 25 against, with the Speaker of the dominance of the struggle for declaring that Kilman had been power over issues in Vanuatu politics. deposed. (Note that the Speaker did Kilman expressed his concern about not vote.) Parliament then broke and the continued political instability returned some time later to elect a new and claimed again that he might seek prime minister. Kilman and his cabinet a dissolution of Parliament and an and government backbenchers, how- early election if the situation contin- ever, boycotted the second session, and ued. When Parliament convened on Speaker Korman and the remaining Thursday, 21 April, the government 26 members of Parliament proceeded members of Parliament were not to elect Serge Vohor (ump) as the new present—an indication that they did prime minister. The vote was 27 in not have the necessary twenty-seven favor, including the Speaker, and none votes to block passage of the motion. against (vdp, 25 April 2011). According to the Vanuatu Constitu- On Monday, former Prime Min- tion (paragraph 21[4]), a quorum of ister Kilman announced that he did two-thirds of the members of Parlia- not accept that he had been defeated ment is required at the first sitting in in the vote of no confidence because any session, and, lacking a quorum, the motion had only been supported political reviews • melanesia 419 by 26 members of Parliament, a to the two different voting regimes simple majority, instead of an absolute spelled out in the constitution, which majority of 27 in the 52-seat Parlia- include both “simple” and “absolute” ment. Kilman claimed that according majorities. The court also clarified the to the constitution (article 43 [2]), if position of the Speaker in its ruling, a motion of no confidence is “sup- rejecting what had become the tradi- ported by an absolute majority of the tional practice in Vanuatu’s Parliament members of Parliament, the Prime that, in order to maintain his neutral- Minister and other Ministers shall ity, the Speaker hardly ever votes. The cease to hold office.” As it turned judgment noted that, “We cannot find out, the Speaker’s decision not to vote anything in the Constitution, Stand- meant that the Natapei motion against ing Order No. 10 or elsewhere that Kilman only had the support of 26 prevents the Speaker from voting members of Parliament—a simple on any motion or general resolution majority. It was this fact that had before Parliament.” In other words, led the Kilman group to boycott the the Speaker counts as one of the 52 second session of Parliament when a members of Parliament, so 27 votes, new prime minister was to be selected. an “absolute” majority, are required As a result, the Kilman group lodged to remove a prime minister (Court of a constitutional case in the Supreme Appeal 2011a; vdp, 14 May 2011). Court to seek clarification from the Serge Vohor’s response to the court as to the definition of “absolute Court of Appeal’s declaration that his majority” in the ousting of a prime election as prime minister was invalid minister as provided under the con- reflects a positive aspect of politics stitution (vdp, 26 April 2011). Chief in Vanuatu—the usual unequivocal Justice Vincent Lunabek declared the acceptance by most political leaders 24 April 2011 motion of no confi- of judgments handed down through dence against Kilman to be “valid” the court system. On his return to and “legally effective” (Supreme Court Port Vila (he had been overseas on 2011a; vdp, 2 May 2011). official business when the decision Kilman appealed the decision, and had been received), Vohor accepted nineteen days later, on 13 May 2011, that an error in procedure had been the Court of Appeal overturned the made and declared, “Vanuatu must be judgment of the chief justice, ruling appreciative that our judicial system is that the vote of no confidence against alive and well” (vdp, 17 May 2011). Kilman on 24 April 2011 was invalid, Indeed, when Kilman indicated in as 26 votes did not constitute an late April that he would be challeng- absolute majority of the members ing the vote of no confidence that of Parliament. Likewise, the ruling had unseated him, Prime Minister declared, “The Kilman government is Vohor announced then, perhaps in to be considered as if it remained in anticipation of a negative outcome, office [including all ministers] and the that his government was considering Vohor government as if it never came the possibility of asking the court to to office.” The judgment explained its rule on whether or not Kilman had, in decision by making specific reference fact, been elected in December 2010 420 the contemporary pacific • 24:2 (2012) according to the requirements of the bers of Parliament to retain power. constitution. He noted that then- Nevertheless, Prime Minister Kilman Speaker George Wells had blocked the indicated his desire for an early vote media from live coverage of the vote in order to end the political instability. of no confidence against Natapei, in He noted that when the Opposition violation of the constitution (article had lodged the motion of no confi- 24), which requires that proceed- dence the previous month, he had ings of Parliament be held in public. requested a dissolution of Parliament, Likewise, he claimed that Kilman’s which the president had declined to do actual election as prime minister also (vdp, 18 May 2011). violated the constitution (article 41), On the morning of 20 May, amid since it had been conducted by show continued controversy and confusion, of hands instead, as required, “by Parliament met again to deal with the secret ballot.” The public was not issue of its leadership. Following the aware of what had happened, due to Court of Appeal decision (2011a), the the absence of the media, until those Speaker convened Parliament to ascer- present subsequently related the chain tain whether the prime minister had of events (vdp, 29 April 2011). the numbers to govern. A motion of Following the Court of Appeal no confidence had, in fact, been tabled decision (2011a), there was some by the Opposition. Kilman produced confusion as to how to proceed. As 27 members of Parliament at the start part of the ruling, the court stated of the session, but that number was that Parliament should meet as soon reduced to 26 when Speaker Korman as possible, and Kilman disclosed evicted Port Vila mp Ralph Regenvanu that he had written to the Speaker to over “degrading” comments leveled convene Parliament on 23 May 2011 against him, allegedly circulated by but had not received a reply. Speaker Regenvanu on the Internet. Regen- Korman subsequently sent out a vanu insisted on his right to reply in notice calling for Parliament to meet Parliament, which Korman allowed on 20 May 2011 to review the ruling him to do. He vehemently denied the of the Court of Appeal and deter- accusation before being escorted out mine whether the government had a of the chamber (vdp, 21 May 2011). majority. To the surprise of many, the As a result of his eviction that day, Speaker circulated another Opposi- Kilman’s numbers were reduced to 26 tion motion of no confidence in Prime (vdp, 25 May 2011). Realizing that he Minister Kilman, which allegedly had no longer had an absolute majority of been signed on 13 May 2011 after 27, Kilman and the remaining gov- the Court of Appeal handed down ernment members of Parliament left its ruling. Meanwhile, the position Parliament before the vote of no con- of the Kilman government began to fidence could take place. The Speaker strengthen with the movement of wanted to proceed with the business several members of Parliament to its at hand, but the Opposition asked side and the reallocation of portfolios. for a break, during which a meeting By 18 May, the government looked to took place between the Speaker, Prime have secured the necessary 27 mem- Minister Kilman, and Opposition political reviews • melanesia 421

Leader Natapei. It was agreed that ter” and that the election of a substan- Parliament would continue, allowing tive prime minister should take place the return of the Kilman government as soon as possible (Supreme Court with a 26 to 25 majority. The Speaker 2011b). What concerned Lunabek then ruled that Kilman did, indeed, was that it had taken six months for have the numbers to govern, presum- the case to go before the courts, and ably because this was not an election he blamed Speaker Korman for not of a new prime minister, which would having properly conducted the election have required an absolute majority of of Kilman as prime minister (vdp, 17 27 (Independent, 21–27 May 2011). June 2011). The Kilman government therefore Natapei made his position clear, continued in office, but Natapei imme- assuring the people of Vanuatu that diately lodged a constitutional case he would facilitate the election of a related to Prime Minister Kilman’s new prime minister as soon as possible original election as prime minister on and that he would withdraw a tabled 2 December 2010. Natapei’s lawyers motion of no confidence against argued that the election was unconsti- Kilman. He also announced that Serge tutional due to the Speaker’s failure to Vohor (ump) would be his coalition’s follow procedures in Kilman’s election candidate for prime minister, reflect- after he had deposed him (vdp, 25 ing a renewed alliance between the May 2011). Leader of the Opposition vp and the ump (vdp, 17 June 2011). Natapei was listed as the first appli- However, the political crisis was not cant in the case, and nineteen Oppo- yet over. Natapei was still facing the sition members of Parliament as the problem of numbers, since Kilman second applicants. Speaker Korman had had a majority before he was was designated first respondent, Prime removed as prime minister by the 16 Minister Kilman as the second respon- June court ruling. Kilman realized that dent, and the Republic of Vanuatu as it was to his advantage for the election the third respondent (vdp, 15 June of the new prime minister to proceed 2011). quickly in order to keep his numbers Chief Justice Lunabek was sched- intact. Now acting as the leader of the uled to deliver his judgment on 15 Opposition, Kilman lodged an urgent June 2011 but postponed it until the application in the Supreme Court next day—to be revealed just prior to requesting Parliament to meet as soon the opening of the year’s first ordinary as possible. The court quashed the session of Parliament. The fact that application on procedural grounds the opening had been delayed for four and because there was no evidence months demonstrates how disruptive of any breach of the Supreme Court the political wrangling had been to the Orders dated 16 June 2011 (Supreme process of governing Vanuatu (vdp, 16 Court 2011b; vdp, 18 June 2011). June 2011). Expressing his “pain” in The new, Kilman-led Opposition making the decision, Lunabek ruled in then lodged another urgent applica- favor of the Opposition—that is, that tion in the Supreme Court to prevent the vp president, Edward Natapei, Natapei from replacing the Kilman- was to become “acting prime minis- appointed state ministers, the argu- 422 the contemporary pacific • 24:2 (2012) ment being that the appointment of several members out of Parliament, the ministers had not been at issue Natapei accused four ministers in the or ruled on by the Court. Indeed, former Kilman government (Kilman, it was argued that, based on the 13 Carcasses, Iauko, and Regenvanu) of May 2011 Court of Appeal judg- having lied before the Supreme Court ment (2011a), which had seen Vohor in the recent court case relating to removed and Kilman returned as the 2 December 2010 vote that had prime minister, “all ministers holding unseated him. He applied to the police office on 24 April 2011 as part of the to have the matter investigated—to Kilman government remain in office” find out if the four ministers had (vdp, 21 June 2011). Chief Justice falsified their statements when asked Lunabek, however, ruled against whether the vote had occurred by the Opposition, arguing that their secret ballot or show of hands (vdp, appointments could not be considered 20 June, 24 June 2011). Natapei valid because “they were appointed pressed the police to take action, even by a prime minister who was uncon- though the constitution stipulates that stitutionally elected.” Moreover, he “no member may, during a session of confirmed that Natapei’s ministers Parliament or of one of its commit- who did not resign before the motion tees, be arrested or prosecuted for any of no confidence on 2 December 2010 offence, except with the authorization should “continue to exercise their of Parliament in exceptional circum- functions until a new prime minister is stances” (article 27[2]), so the move elected” (Supreme Court 2011c; vdp, would not seem to have benefited 23 June 2011). Natapei in the current situation. He On the morning of 23 June, also ordered the ministers who had Speaker Korman convened Parlia- served under Kilman and their politi- ment with the intention of electing cal staff to immediately “refund to the a substantive prime minister. It had Government treasury . . . the illegal now been 204 days (since 2 December salaries that they were paid from 2 2010) that Vanuatu had been without December 2010 to 16 June 2011” a legitimate government. Korman real- (vdp, 25 June 2012). ized, however, that Kilman, as current Regenvanu issued a statement clari- Opposition leader, had 27 members of fying how the confusion in his earlier Parliament—an absolute majority— statement referring to the 2 December and therefore the government side 2010 vote occurred. He noted that, decided to boycott the sitting (vdp, in addition to the fact that he was 24 June 2011). being asked to account for something In the meantime, Natapei began to that had occurred six months earlier, try other tactics to deal with his weak there had been two votes taken at the position. He alleged, for example, that time—one to remove Natapei as prime bribery had been used to persuade minister and another to elect Korman certain of his supporters to switch as Speaker. Given that the media had sides—not an unusual accusation been prevented from broadcasting the during coalition formation in Vanu- session, Regenvanu stated that he real- atu. Also, hoping perhaps to force ized that there was reasonable doubt political reviews • melanesia 423 that he was voting to elect the prime defect or irregularity in the due man- minister, and that the vote might also ner of the appointment of that person have been either to support the motion such that the appointment was not a against Natapei or to elect Korman valid one.” In other words, despite the as Speaker (vdp, 21 June 2011). The irregularity in voting (show of hands police investigation of the case has instead of secret ballot), Kilman right- proved inconclusive to date. fully held the office of prime minister, On Friday morning, 24 June, the making the subsequent appeals irrel- fourth extraordinary session of Parlia- evant (Court of Appeal 2011b; vdp, ment convened to elect the new prime 28 July 2011). It is remarkable that minister. Kilman comfortably secured this final judgment was reached with- the position with 29 votes to 23 for out incident, given the political chaos Natapei. Most of the ministers who of the previous eight months, and it had served in his government prior demonstrates the underlying strength to the court decision that declared his of Vanuatu’s legal system. election in December 2010 unconstitu- Having had his position as prime tional returned to their same positions minister confirmed by the court, (vdp, 27 June 2011). Kilman turned to the issue of the The final legal action related to position of the Speaker. Rumor had it the ill-fated 2 December 2010 vote of that the Kilman coalition was plan- no confidence, which settled with- ning to replace Korman (vrp), the out doubt the legitimacy of Kilman’s longest-serving member (having been tenure as prime minister, was revealed elected in 1979) and Vanuatu’s first in a judgment of the Court of Appeal Speaker of Parliament (vdp, 5 Aug handed down in late July. It noted that 2011). A showdown was expected in the appeal by the then-Opposition during the Parliament’s fifth extraor- to Kilman’s election as prime minister, dinary session, which was scheduled the chief justice unfortunately referred to meet on 8 August to deal with to the first respondent (Natapei) as several government motions, includ- “Acting Prime Minister at a time ing one to remove the Speaker. Despite when he had ceased to hold office and its large majority, the government [Prime Minister] Sato Kilman was boycotted the first meeting because fulfilling that role on a de facto basis.” it was rumored that Speaker Kor- The judgment noted that the chief jus- man had added his own motion to tice’s ruling failed to take into account discipline certain members of Parlia- the principle of “de facto office,” ment, which he had scheduled to be which would “retrospectively validate debated prior to the motion to remove the acts and decisions of Prime Minis- him. Kilman’s group was uncertain ter Kilman and his council of ministers about what Korman was planning, between December 2, 2010 and June especially as he would also be taking 16, 2011.” This rule of the common on the position of acting head of state law recognizes the powers and func- with the departure of the president tions of public office of a person for medical treatment overseas (vdp, who has exercised them in the public 6 Aug 2011). interest, even when “there has been a Using Parliamentary Standing 424 the contemporary pacific • 24:2 (2012)

Orders as a tool, the Speaker was politician, Korman would not give up indeed able to avoid dealing with his position without a fight. On 30 the motion to replace him by simply August, he again used Standing Orders closing the session. The government, to dismiss three different motions to in response, requested another par- remove him, which had been submit- liamentary session to deal with their ted by different members of the gov- motion to remove the Speaker as well ernment, claiming that they were out as with other bills (vdp, 16 Aug 2011). of order, and demanded that all three When the sixth extraordinary session be withdrawn and a new consolidated convened, the Speaker ruled that the motion be tabled (vdp, 31 Aug 2011). government bills, including the motion Kilman successfully appealed to the to remove him, were not in order. He Supreme Court regarding the Speak- made the point that the parliamentary er’s rulings. Chief Justice Lunabek budget only allowed for two extraor- ruled that two of the motions were not dinary sessions—a veiled threat that in order but that Parliament should further sessions would be difficult meet forthwith and debate the one to finance—and again proceeded to lodged by Moana Carcasses Kalosil close the session (vdp, 20 Aug, 22 Aug and George Andre Wells, dated 25 2011). Kilman filed an urgent consti- August 2011 (Supreme Court 2011e). tutional application challenging the When Parliament finally met on Speaker’s decision. The chief justice the evening that the chief justice ruled in Kilman’s favor, noting that gave his ruling, Speaker Korman was the closing of the sixth extraordinary removed from office with 27 votes in session while there was still business favor and 14 against. As expected, to be conducted was an infringe- he was replaced with mp Danstan ment of the constitution, and ordered Hilton (ppp), who represented the that Parliament resume immediately Banks and Torres islands in the north (Supreme Court 2011d; vdp, 22 Aug, of the group (vdp, 7 Sept 2011). Two 25 Aug 2011). days later, the government passed a Convening Parliament on 26 motion in Parliament that had the August, the Speaker found his offi- effect of punishing Korman for hav- cial chair and those of all members ing allegedly made illegal decisions of Parliament covered with oil. He in Parliament that were overruled told members that he feared it was by the Supreme Court. Korman was the work of nakaemas (witchcraft), suspended from Parliament and not but later discovered that one of the permitted to hold any parliamentary members of Parliament had brought posts for the remainder of the term of a group from his church to Parlia- the ninth legislature—the next election ment to pray and sprinkle holy oil in is expected in late 2012. In addition, the parliamentary chamber to ward he was ordered to pay all the legal off evil (vdp, 29 Aug 2011). Parlia- costs incurred by the State in five con- ment went ahead, but the Kilman stitutional cases. The money was to be government was finding their effort deducted by the Ministry of Finance to remove the Speaker far more dif- from his salary and other financial ficult than they had expected. A crafty entitlements until the total amount political reviews • melanesia 425 had been recouped. It was estimated This made the vrp the largest politi- that the total legal costs amounted to cal party in the government coali- around 60 million vatu (more than tion, since the Alliance was a group us$600,000). The Opposition claimed of smaller parties and independents in Parliament that this move by the (vdp, 17 Dec 2011). Did he think government was not correct and the government would embrace the walked out in protest (vdp, 10 Sept prodigal son? Only time and circum- 2011). stances will tell. Korman appealed the motion and Not surprisingly, the political received partial satisfaction. The chief haggling did not go down well with justice ruled that Parliament was the public. Vanuatu had not had a within its rights to suspend Korman real government for months, and the for the remainder of the ninth legisla- newspapers were full of articles and ture, but he disallowed the deduction letters condemning the actions of the of legal costs and ordered that Kor- politicians and urging them to rec- man’s salary and other entitlements— oncile their differences for the good except for sitting allowances—be of the country. In addition, calls for reinstated (Supreme Court 2011f). In constitutional reform to deal with the a second judgment, the chief justice political instability grew louder with made clear that Korman’s election the revival of an idea for replacing as a member of Parliament had not Vanuatu’s Westminster Parliament been canceled; rather, he had only with a presidential system (vdp, 24 been suspended from attending June, 25 June, 30 June 2011). The Parliament (Supreme Court 2011g). previous president, Kalkot Matas- In other words, Korman continued Kelekele, had raised the issue on a as an elected member of Parliament number of occasions during his term, representing Port Vila, but he was but there had been little support at the not allowed to attend parliamentary time (Van Trease 2009, 6). sittings. In early June, before the short What followed next was classic period during which Kilman was Vanuatu politics. On 13 December, replaced by Natapei, new controver- during the closing session of the sies developed—this time over for- long-delayed second ordinary session eign affairs, but with a local political of Parliament, Deputy Leader of the perspective. The Daily Post reprinted Opposition Natapei took the floor a short New York Times article in and appealed to the government to which officials from the Black Sea “forgive and review the measures dealt region of Abkhazia, which considers on mp Korman.” By this time, most itself to be independent but is claimed of what was left of Korman’s party, by Georgia, announced that it had the vrp, had deserted the Opposition been recognized by Vanuatu (vdp, 3 and returned to the government side. June 2011). Only four other countries Following his suspension, Korman had recognized the Abkhazia claim— himself also officially left the Oppo- Russia, Nicaragua, Venezuela, and sition, though he could not join his Nauru—and thus the announcement fellow party members in Parliament. of Vanuatu’s new position seemed 426 the contemporary pacific • 24:2 (2012) rather peculiar. Three days later, it was negotiated, it would be in the future reported that Vanuatu’s ambassador (vdp, 15 July 2011). at the United Nations in New York, In the meantime, it was first learned Donald Kalpokas, said that he had in Vanuatu through a Radio New been in touch with Foreign Affairs in Zealand report that the minister of Vanuatu where officials had “emphati- foreign affairs had decided to recall cally” denied that this was true (vdp, Kalpokas as Vanuatu’s ambassador 6 June 2012). It was subsequently to the United Nations due to his age reported that negotiations between and alleged poor performance. The Vanuatu and Abkhazia had been ambassador reported that he had going on quietly and had been final- received nothing from the Ministry of ized without informing Ambassador Foreign Affairs notifying him of his Kalpokas. Foreign Affairs Minister recall or appraising his performance Carlot apologized for the confusion (vdp, 9 July 2012). It would seem and reported that one of Vanuatu’s that this move was linked to the rift roving ambassadors would be visiting that had developed over the Abkha- Abkhazia soon, and it was expected zia affair and perhaps from the fact that trade links would be established that the ambassador and the foreign (vdp, 10 June 2011). affairs minister came from opposing In a letter to the editor of the Daily political camps. In addition, it was Post in the same issue, former Vanu- suggested that there may have been a atu Secretary for Foreign Affairs and bit of “petty revenge” at play—Carlot Roving Ambassador Nikenike Vuro- had been a previous UN ambassador baravu (vp) questioned the decision. and was recalled during the time when He pointed out that the breakaway Kalpokas headed the vp-led govern- territory had little foreign recognition ment (vdp, 29 July 2011). A number and that Vanuatu was therefore in of letters to the editor appeared over danger of losing its credibility interna- the next few days, all criticizing the tionally (vdp, 10 June 2011). Minister decision to remove Kalpokas and Carlot’s announcement the following condemning the way in which it had day, confirming Vanuatu’s recognition been handled (vdp, 13, 16, 18, 19 of Abkhazia, was received in New July 2011). Kalpokas had been one of York by Ambassador Kalpokas with Vanuatu’s leaders during the struggle less than enthusiasm. At the same for independence and a former vp time, the Opposition urged Kilman to prime minister. In any case, he was not withdraw recognition (vdp, 11 June in fact recalled and remains in office in 2011). A week later—Kilman having New York to this day. been replaced temporarily by Nata- While the Abkhazia affair seemed pei—it was announced that Vanuatu to lack any real seriousness, the had now withdrawn recognition of announcement by the minister of Abkhazia (vdp, 18 June 2011). How- foreign affairs that Vanuatu intended ever, several weeks later, with Kilman to establish ties with Taiwan came back in power, it was reported that the as a shock to many. Minister Carlot prime minister had made it clear that explained that he planned to travel to while full recognition had not yet been Taiwan to negotiate the establishment political reviews • melanesia 427 of a Vanuatu trade mission in Taipei nese ambassador expected the Govern- with the possibility in the long term ment of Vanuatu to remain loyal to of establishing “full diplomatic rela- the One China Policy and that China tions” (vdp, 16 July 2011). Vanuatu would oppose any minister going to had established diplomatic relations Taiwan (vdp, 19 July 2011). with the People’s Republic of China The next day, Prime Minister in 1982, just after independence, and Kilman announced that Vanuatu had remained a staunch supporter of would maintain its One China Policy the One China Policy over the years, (vdp, 20 July 2011), and the follow- despite many changes of government. ing day, the Chinese ambassador The single deviation from this position announced that the Government of occurred in November 2004, when the China would pay part of the request ump prime minister at the time, Serge but could not contribute the full three Vohor, made an unannounced visit to billion vatu due to China’s current Taiwan, where he secretly negotiated financial situation (vdp, 21 July 2011). to shift Vanuatu’s recognition from An appeal by Deputy Prime Minis- the People’s Republic of China to the ter Ham Lini (nup) for the Vanuatu Republic of China. He did this with- government to stick to its One China out consulting any of his ministers, Policy (vdp, 22 July 2011) revealed and politicians in both the Opposition the broad opposition to the move. In and his own coalition were outraged. addition, it demonstrated an ongoing As a result he was ousted in a vote of weakness in Vanuatu’s system of gov- no confidence in December (vdp, 4 ernment policy formation, whereby Dec, 5 Dec 2004). Minister Carlot’s individual ministers are able to push announcement, therefore, appeared to their own agendas without full cabinet mark a significant shift in Vanuatu’s discussion or agreement. foreign policy. It was rumored that Kilman was The motivation for this abrupt not happy with Minister Carlot’s change of policy can only be explained “China policy,” and at the same time in one way—monetary blackmail. there was disagreement over Inter- Three days after the announcement, nal Affairs Minister George Wells’s Carlot issued a demand to the Chinese suspension of the Port Vila Munici- government for budgetary assistance pality (discussed below). Rather than amounting to three billion vatu—over deal with the matters internally, which us$30 million (vdp, 19 July 2011). It would logically contribute to the was no secret that the government’s continued stability of the coalition, it financial situation had deteriorated was reported that Kilman had begun significantly compared to recent years, to negotiate with vp leaders about the with reports that the shortfall in the possibility of their joining the govern- budget for 2011 was expected to be ment (vdp, 9 Aug 2011). The change two billion vatu—over us$20 mil- did not happen, but the potential for lion (vdp, 28 June 2011). Sharing the further instability continued. front page of the Daily Post with the Indeed, it may not be mere coinci- announcement of the change of policy dence that Minister Carlot decided to was an article reporting that the Chi- deviate significantly from the estab- 428 the contemporary pacific • 24:2 (2012) lished policy of successive Vanuatu the need for further consultation to governments with regard to China and achieve better conditions (vdp, 3 Dec to play a game on the international 2011) scene by recognizing Abkhazia. In The government faced a coalition of both cases, he received quite signifi- voices in opposition, including all the cant media coverage just when he had major bodies representing civil society: decided to promote his own personal most nongovernmental organizations, political agenda by announcing that the Malvatumauri (National Council he was reviving, and making his own, of Chiefs), Chamber of Commerce, an old political party that had been Vanuatu Christian Council, and around at the time of independence Vanuatu National Workers Union. in the 1970s and 1980s—the Natatok Those against saw joining the wto “as Party. On 25 July 2011, he organized a surrender to powerful global inter- a celebration in his village of Erakor, ests . . . [while supporters saw it] as a located close to Port Vila, where he mature policy of engagement” (Pacific launched the party by unveiling a Institute of Public Policy 2011). The constitution and a flag (vdp, 19 July, bill for the Protocol of Ratification 27 July 2011). It is clear that this was on Vanuatu’s accession to the wto part of a process that had begun in was carried by 25 votes in favor from April when he split with the Vanuatu the government, with one absten- Republican Party and with his uncle, tion and 20 votes against. Included Speaker Korman, and allied himself among those who voted against was with Kilman. Minister of Justice Ralph Regenvanu. One of the most hotly debated He explained his unprecedented vote issues in 2011 concerned the Kilman against his own government as indi- government’s decision to pursue cating not a lack of confidence in the membership for Vanuatu in the World prime minister but his concern that Trade Organization (wto). The Vanu- better conditions needed to be negoti- atu government had first applied for ated (vdp, 2 Dec 2011). Victory for membership in July 1995. An acces- the government, however, was not yet sion package was finalized in 2001, complete; as the New Year arrived, the but the government sought more time president had yet to affix his signature to consider the terms and conditions. to the bill. Work began again in 2008 but with Early in 2011, Kilman committed no final agreement. In April 2011, his government to tackling corruption another working group was convened, (vdp, 1 Feb 2011), and several cases which included Deputy Prime Min- of fraud and mismanagement were ister (nup) and Minister for Trade, investigated. However, as noted in this Industry and Tourism Ham Lini (vdp, review, political conditions made deal- 1 April 2011). Final agreement on ing with alleged corrupt politicians an accession package sparked signifi- very difficult. Due to political wran- cant debate in Parliament and in the gling delays in the opening of both community at large over a number of regular sessions of Parliament meant issues: land, protection for local indus- that legislation was delayed, in need try, the possibility for withdrawal, and of further consideration, or not dealt political reviews • melanesia 429 with at all, and the country’s grow- loss of land by some Ni-Vanuatu due ing culture of corruption continued to corrupt dealings. The Ligo report unabated. created a significant stir within the Allegations were made that the community, with articles touching Citizenship Commission was prone to on various issues appearing over the bribery, as evidenced by the awarding next several days in the newspaper of citizenship to two Asian business- (vdp, 20 Jan, 21 Jan, 23 Jan 2011). men who had not lived in Vanuatu The response from some in the Lands the required ten years but had made Department was that the report was financial contributions to the refur- unbalanced, but Ligo backed up his bishment of Parliament (vdp, 8 July, allegations of massive corruption by 9 July 2011). Likewise, an amendment detailing a number of cases. More- to the Public Service Act changed the over, throughout the year, the media procedure and removed control of the published a continuous stream of appointment and dismissal of direc- reports of shady deals. The report, tor generals, as guaranteed under the however, did not lead to any changes constitution, from the Public Service to regulations, except for an attempt Commission (psc). Leader of the by Ralph Regenvanu, during his short Opposition, Serge Vohor, expressed time as minister of lands, to put a his concern, and vp Secretary-General hold on land dealings to allow for Sela Molisa labeled the Bill “uncon- the introduction of new administra- stitutional.” The amendment allows tive procedures. His reward for trying the appointment of director generals to deal with the issue, as mentioned by the prime minister on recommen- earlier, was to be shifted out of Lands dation from the psc on a four-year to Justice. contract, renewable one time only. The After many complaints, Min- concern by opponents was that the ister of Finance Moana Carcasses change introduced the possibility of Kalosil finally moved to deal with political interference to the appoint- another alleged case of corruption ment process (vdp, 9 Aug 2011). and mismanagement. He appointed One of the most worrisome issues a team to investigate the Northern during the year was highlighted in a Islands Stevedoring Company Lim- report to Prime Minister Kilman by ited (niscol), which is a company former Director General of Lands Joe owned jointly by the four northern Ligo, who alleged widespread corrup- provinces (Sanma, Torba, Penama, tion in the Ministry and Department and Malampa) and handles port of Lands going back years and impli- operations at Luganville in the north- cating former ministers and senior ern part of Vanuatu. There had been lands officials. Ligo warned that, in numerous complaints that niscol had particular, tension was high among not been paying its bills nor auditing Ni-Vanuatu over land deals that had its operations (vdp, 3 March 2011). gone through without the proper In September, a report by a Com- consent of custom owners and warned mission of Inquiry authorized by the of “civil unrest and conflict that could minister of finance revealed its results destroy our country” because of the and alleged the misuse of 87 million 430 the contemporary pacific • 24:2 (2012) vatu (over us$900,000) and that the parties and, indeed, makes it difficult company had debts of over 440 mil- for independents to unite into single, lion vatu (nearly us$5 million) (vdp, 7 stronger entities, is the continuing Sept 2011). Resolution of the alleged reemergence since independence of fraud was still before the courts as the traditional bigman politics. What year ended. divides the parties is not disagree- In July, Minister of Internal Affairs ment over issues, but raw competi- George Wells suspended the Port tion for power—a striking contrast Vila Municipal Council (pvmc) over from the period of Vanuatu’s struggle alleged misuse of funds and general for independence. Since the 1990s, mismanagement (vdp, 21 July 2011) no single party has ever been able to and threatened also to suspend provin- form a majority in Parliament, with cial councils due to maladministration the result that coalition governments (vdp, 4 Aug 2011). Criticism among and political instability have become the citizenry of Port Vila has been the norm. Because parliamentary continuous over the years that the ser- majorities are usually weak, prime vices provided by the pvmc have been ministers find it difficult to sustain inadequate, and there was a wide- solid policy programs, as individual spread feeling that their taxes were not ministers too often focus on their own being properly spent. A Commission personal agendas. Attempts to rein in of Inquiry reported in December that rogue political partners run the risk the pvmc faced debts of over 1 billion of alienating individual ministers and vatu (over us$10 million) due to poor their followers, leading to the collapse decision making and mismanagement of the coalition altogether. stretching back over the previous ten Several important political issues years (vdp, 24 Dec 2011). have emerged recently, which seem Despite the year’s troubles, Vanu- to have led to a coalescing of size- atu ended 2011 with some optimism able sections of the public—for due the fact that 2012 would be an example, the right to independence of election year. For many, the national West Papuans and Kanaks, Vanuatu elections are seen as an opportunity to membership in the wto, and the call bring fresh faces into Parliament and for a presidential system to replace move on from the recent disastrous Vanuatu’s Westminster system of period of political instability. The government. In the 2008 election, prognosis, however, may not be that the victory of Ralph Regenvanu— positive, as the conditions that under- who won a seat in Port Vila as an lie Vanuatu’s political culture and independent with the largest vote feed the instability do not appear to total ever received in the history of have changed but may indeed be get- Vanuatu and who campaigned on the ting worse. Political disunity overall, issues of political reform and an end leading to an increasing number of to corruption in government—may political parties and independents who indicate that the voting public is ready contest the election and split the vote, for change. It remains to be seen, how- appears to be increasing. ever, whether broad public interest can The problem that divides the major be sustained in such issues and trans- political reviews • melanesia 431 lated into platforms that can unite ———. 2011b. Constitutional Case 05 of individual citizens and politicians into 2011 (16 June); Natapei v Korman [2011] viable parties. It will be interesting to vusc 72; in the Supreme Court of the observe how politicians frame their Republic of Vanuatu (Civil Jurisdiction). campaigns in the lead-up to national ———. 2011c. Constitutional Case 06 elections, scheduled for 30 October of 2011 (22 June); Vanuaroroa v Natapei 2012. [2011] vusc 92; in the Supreme Court of the Republic of Vanuatu (Constitutional howard van trease Jurisdiction). ———. 2011d. Constitutional Case 07 References of 2011(23 August); Kilman v Korman [2011] vusc 227; in the Supreme Court Constitution of the Republic of Vanuatu. of the Republic of Vanuatu (Civil Juris Pacific Islands Legal Information Institute. diction). http://www.paclii.org/ ———. 2011e. Constitutional Case 07A Court of Appeal of Vanuatu. Pacific of 2011 (6 September); Kilman v Korman Islands Legal Information Institute. [2011] vusc 228; in the Supreme Court http://www.paclii.org/ of the Republic of Vanuatu (Civil Juris ———. 2011a. Civil Appeal 09 of 2011 diction). (13 May); Kilman v Speaker of Parliament ———. 2011f. Constitutional Case 10 of of the Republic of Vanuatu [2011] vuca 2011 (23 November); Korman v Parlia- 15; in the Court of Appeal of the Republic ment of the Republic of Vanuatu [ ] of Vanuatu (Civil Appellate Jurisdiction). 2011 vusc 304; in the Supreme Court of the ———. 2011b. Civil Appeal 16 of 2011 Republic of Vanuatu (Civil Jurisdiction). (22 July); Kilman v Natapei [2011] vuca 24; in the Court of Appeal of the Republic ———. 2011g. Constitutional Case 10 of of Vanuatu (Civil Appellate Jurisdiction). 2011 (25 November); Korman v Parlia- ment of the Republic of Vanuatu [2011] Independent, The Vanuatu Independent. vusc 305; in the Supreme Court of the Port Vila. Weekly. Republic of Vanuatu (Civil Jurisdiction). Pacific Institute of Public Policy. 2011. Van Trease, Howard. 2009. Vanuatu’s Joining the World’s Economic Parliament: 2008 Election–Difficulties of Government Vanuatu’s Accession Package Explained. Formation in a Factionalized Setting. State, Port Vila. http://www.pacificpolicy.org/ Society and Governance in Melanesia publications/reports Briefing Note 1/2009. Canberra: Research Republic of Vanuatu. 1982. Standing School of Pacific and Asian Studies, The Orders of Parliament. Australian National University. http://ips Supreme Court of Vanuatu. Pacific .cap.anu.edu.au/ssgm/publications/briefing Islands Legal Information Institute. _notes/BriefingNote_Vanuatu_Election.pdf http://www.paclii.org/ ———. 2011. Melanesia in Review: Issues ———. 2011a. Constitutional Case 02 and Events, 2010: Vanuatu. The Contem- of 2011 (30 April); Kilman v Speaker of porary Pacific 23:511–530. Parliament of the Republic of Vanuatu vdp, Vanuatu Daily Post. Port Vila. [2011] vusc 35; in the Supreme Court of the Republic of Vanuatu; (Constitutional Jurisdiction).